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Home My WebLink About040808 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title I I] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE APRIL 8, 2008 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:04 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:OO.M. - Closed Session of the City Council/Community Services District/Temecula Public Financing Authority pursuant to Government Code Section: Conference with City Attorney pursuant to Government Code Section 54956.9{a} with respect to five matters of pending litigation to which the City and Temecula Community Services District are potential defendants as formal claims pursuant to Government Code Section 900 et seq. have been filed against the City and the District. The titles of the claims are: {1) Claim of Mark R. Johnson (City Claim No. 07-573); (2} Claim of Mercury Insurance Company {City Claim No. 07-575); (3) Claim of Robert D. Johnson (City Claim No. 07-577); {4} Claim of Kathy Youngblood, Cheryl Krueger, and Mary Gonzalez {City Claim Na. 07-584); and {5) Claim of Nancy Valdes (City Claim No. 07-589). (Community Recreation Center Flooding Claims.} 2. Conference with City Attorney pursuant to Government Code Section 54956.9{a}, {b} and {c) with respect to three matters of pending litigation, one matter of potential litigation, and one matter of whether to initiate litigation. The Council will meet pursuant to Government Cade Sectian 54956.9(a) with respect to three matters of pending litigation to which the City and Temecula Public Financing Authority are defendants. The titles of the pending litigation are: RJ Noble Co. v. Ashby USA, City of Temecula et al. Riverside County Superior Gourt Case No. RIC 480922; Utah Pacific v. Ashby USA, City of Temecula et al. Riverside County Superior Court Case No. RIC 485802; and Riverside Construction Co. v. Ashby USA, City of Temecula et al. Riverside County Superior Court Case No. RIC 484173. The Council will meet pursuant to Government Code Section 54956.9{b} with respect to one matter of potential litigation that the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. The City Council will 1 also meet pursuant to Government Code Section 54956.9(c} with respect to ane matter to decide whether to initiate litigation {Raripaugh Ranch Project and Community Facilities District Bonds and Roripaugh Ranch Mechanics Lien Litigation}. 3. Conference with City Attorney pursuant to Government Code Section 54956.9(a} and (c}. The Council will meet pursuant to Government Cade Section 54956.9{b} with respect to one matter of potential litigation in which the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and pursuant to Government Cade Section 54956.9(c} with respect to the same matter in which the City Council will decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 08-02 Resolution: 08-35 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Sienna Naggar with instructor Helen Miller Invocation: Reverend Jonathan Maxey of Grace Chapel of Temecula Flag Salute: Council Member Roberts ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESEN TATIONSIP ROC LAMATIONS Child Abuse Prevention Month Proclamation Autism Awareness Month Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute {5) time limit for individual speakers CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda wilt be made at this time. A total, not to exceed, ten {10} minutes will be devoted to these reports CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALL01NlNG CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 City Treasurer's Report as of February 29, 2008 RECOMMENDATION: 3.1 Approve and file the City Treasurer's Report as of February 29, 2008. 4 Purchase of two City Vehicles RECOMMENDATION: 4.1 Approve the purchase of the following vehicles from Rancho Ford: One (1) 2008, 2WD, 1-Ton Utility Truck = $28,367.34 One (1} 2008, 4WD, '/-Ton SUV Expedition EL = $31,856.29 5 Approve 2008 Economic Development Event Sponsorship Agreements RECOMMENDATION: 5.1 Approve the Event Sponsorship Agreement in the amount of $35,000 for the Temecula Valley Balloon & Wine Festival. In addition, the Festival requests that the City will provide temporary logistical support of traffic control signs and devices to assist with public safety during the Festival estimated at $3,076; 5.2 Approve the Event Sponsorship Agreement in the amount of $15,000 cash, and city-support costs in the amount up to $9,626 for the Temecula Valley International Jazz Festival; 5.3 Approve the Event Sponsorship Agreement in the amount of $60,000 far the Temecula Valley International Film and Music Festival. 6 Approve the Ninth Amendment to the Joint Exercise of Powers Agreement Creating the Riverside County Habitat Conservation Agency RECOMMENDATION: 6.1 Approve the Ninth Amendment to the Joint Exercise of Powers Agreement Creating the Riverside County Habitat Conservation Agency. 7 Response Letter-Liberty Quarry (at the Request of Mayor Naggar) RECOMMENDATION: 7.1 Review response letter and approve for transmission. 8 Approval of FY 2007-2008 Cost-Sharing Reimbursement far Regional Costs associated with the City's Municipal Stormwater Permit RECOMMENDATION: 8.1 Approve payment to the Riverside County Flood Control District in the sum of $140, 248.84 as the City's portion of the cost-sharing reimbursement pursuant to the Implementation Agreement between the Santa Margarita Watershed Permittees approved by the City Council in January 2005. 9 Geotechnical and Materials Testing Professional Service Agreement for the Old Town Infrastructure Projects, PW06-07 (Phase C & E) RECOMMENDATION: 9.1 Award an Agreement with Leighton Consulting, Inc. to provide professional geotechnical & material testing services associated with the Old Town Infrastructure Projects PW06-07 {C & E), in the amount of $50,130 and authorize the Mayor to execute the Agreement; 9.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $5,013, which is equal to 10% of the Agreement. 10 Award a Construction Contract for Citywide Concrete Repairs - FY2007-08, Project No, PW08-01 RECOMMENDATION: 10.1 Award a construction contract for Project No. PW08-01, the Citywide Concrete Repairs FY2007-08, to International Pavement Solutions, Inc. in the amount of $82,969 and authorize the Mayor to execute the contract; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $8,296.90 which is equal to 10% of the contract amount. 11 Award a Construction Contract for the Slurry Seal Project FY2007-08, Paloma del Sol area, Project No. PW08-02 RECOMMENDATION: 1 1.1 Award a construction contract for Project No. PW08-02, the Slurry Seal Project FY2007-08, Paloma del Sol area, to All American Asphalt in the amount of $361,199.88 and authorize the Mayor to execute the contract; 11.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $36,119.98 which is equal to 10% of the contract amount. TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five {5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CSD CONSENT CALENDAR 12 Minutes RECOMMENDATION: 12.1 Approve the minutes of March 25, 2008. 13 Award a Construction Contract for the Temecula Community Center Expansion Grading, Praiect Na. PW06-05 Phase 1 RECOMMENDATION: 13.1 Award a construction contract for the Temecula Community Center Expansian Grading, Project No. PW06-05, to Addison Equipment Rental in the amount of $49,995 and authorize the President to execute the contract; 13.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $4,999.50, which is equal to 10% of the cantract amount. 14 Award a Construction Contract for the Roller Hockey Rink Dasher Baard System, Project Na. PW07-12 RECOMMENDATION: 14.1 Award a construction contract for the Roller Hockey Rink Dasher Board System, Project No. PW07-12, to YAKAR in the amount of $178,350 and authorize the President to execute the contract; 14.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $17,835, which is equal to 10% of the contract amount. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" farm should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record RDA CONSENT CALENDAR 15 Minutes RECOMMENDATION: 15.1 Approve the minutes of March 25, 2008. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the projects} in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing 16 Resolution Ordering Conditional Vacation of Portions of Ynez Road (Abbott Cardiovascular Systems, Inc., Applicant) RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONDITIONALLY ORDERING THE VACATION OF PORTIONS OF YNEZ ROAD {ABBOTT CARDIOVASCULAR SYSTEMS, INC., APPLICANT} CITY COUNCIL BUSINESS 17 Higher Education Foundation Creation-California State University San Marcos (at the request of Mayor Naggar and Council Member Washington) RECOMMENDATION: 17.1 Provide the City Manager authority to execute necessary contracts associated with the formation of a Higher Education Foundation (501 c3) CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, April 22, 2008, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. PROCLAMATIONS AND PRESENTATIONS ~ ~ ~ ~ ~ °~ ~ ~ ~ ~ a~ ~ ~ ~ U ~ ~ ~ T ~ c3 ~'.' U 't~ ~ ~ ~ ~ ~ ~ , ~ ~ ~ ~ H ~ U ~ . O ~ O O _ O ~ s ~ ~ rr U ~ ~ ~ ~ ~ i--~ -. ~ s.. ~ ~ +~"'+ Q .~ U O ~ ~ ? ~ ~ a :d ~ " ~ ~ ~ O O ,~~' U ~ ~ "G ~ ~ ~ ~ Q ~ ~ "'" ~ ~ ~ o c ~ o ~ p ~ .° a s '~ ~ ~ c3 . ~ ~ ;~ a i ~ ~ " , c J' ~ ~ ~ x J , r ~ ~ ~ ~ ,~ ~ ~' c~ ~ ~ .~ ~ ~ f ~ °' ~ ~ •~ -~ ~ ~ ~ ~, ~"~ + a~ ~ ~ W ~~ ~ O r" ~ ~ ~ o ~ ~ ~ ~ ~ ~ o O ~ v ~ ~ ~ ~ ~ ~ ~ ~ ~ ? ~ ~ r ~ o ~ ~ a o ~ zs ~ ~ ¢, o ~ ~, ~ ~ 4" © ~ ~ O O U v' ~ ~ c3 O O ~ 4J ~ bA .fl N ~ O N ~ r, ~ U ~.y ~I ~, +~ c~3 ~ cUi O N e~3 ~ "~ .~ ~ ,~ ~ p d ~ , ' ~ ~ ~ ~ ~ ~; o ~ ~ ~ o ~y ~ ~ • ~ ~ ~ ~ a~ ~ ~ ;~ a~ ~ ~ ~ o ~ ~ ~ ~ U ~ ~ ~ ~ ~ o ~j ° o ~A ~ ~ ~ ~ o ~ ~: F~ c~ ~ •+, N ~ ,~' rn ~ '~ bA c~ O .,.., a.~ '' O U ~ ~ ~ ~ N '~ a~.~ ~ ~ ~ as ~ ~ O ~ ~ ~ ~ ~ O ~ ~ ~ O O ~ „~ U ~ ~ . ~ ~ ~ ~ ~ U ~ ~ U . U .~ U ~ ,~ U O s; _ ~ •i: v~ ;n O r-i O ~ ~ ~ ~ U `~ , ~ U U ~ ''" ~ ~ W ~ ~ ~ ~ =' ~ ? O ~ ~ }' N ~ ~ ~ ~ -~ ~ ~ o ~A ~ ~ ~ ~ O -a ~ a ~ U U U +~ ~ O c3 A t, ~ ~ s.., c3 b-0 a ~, ~ /~ ~ - ~ ~ ~n ~ ~ ~ ~ ~~ W ,.~ a W W W ~~ W ~ W ~? W~ W u. ~, .~ qA ~ . a a a ~ a .~ a~ a~ a ~ o W W W . ~ W bn W " W u. W ~ ~ ,-~ ~ tai tai tai '~ r ~i ~ r ~i ~ tai ~ r~i ~ O 00 "~ r ~ : ~ 5 ~ ~ 5 ~ r~ ~ ~ z O o ~ o ~ O .~ ~ ~ U }O .r c~ U ~ ~ ~_ S~, N ~ ~ a~ ~ aA ~ T o i o i x ~ o ~ ~ ~ •~ '~ ~ ~ ~ U U ~ '•~ ~ ~ -~ ~ ~ ~ ~ 4-~ pp G ~ c3 z ;~ ,~ .~ bA o ,~ "G ~ c3 ~ ~ ' ~ , ~ ,~ ~~~'' fV r/] 'C ~ ~ '~" ~' O ~' _ ,~ a~ ~ ~ a~ N v+ ,~ s~. O Q ~ A ~ ~ ~ w .~ ~ ~ ~ ~ ~ ~ ~ ~~ ~o ~ ~ ~ x~~ ~~ ~ ~. .~ ~ ~ 5 ~ .~ ~~ ~ ~ ~ ~ ~ v w~~ Z - ~ ~ 0 ~ ~ ~ . bA _ ~ v ~ , . v ~ ~ ..~ ~ H ~ ~ ~ . ` ~~ CJ ~ ~ .~ ~ ~-~ ~ o ^ , M•-. ~ ~ ~ ~h ~ o ~ ~ ~ C"~I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ' ~ ~ ~ ~ ~ ~ ; ~ ~ ~ ~ N N '~; ~ ~ ~ ~ vii . ~ O +~ T. bA O ~ ~ ^~ ~ ~ ~ ~ ~ ~ ~" ~ N ~ ' ~ ~ ~ ~ ` ~ ~ ~ nA z '~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ Q ~ ~ i v c/'^ ' + .~ N O .. ~ y Q"' . ~ ~ ~ r O J N U O . ~ U c3 O ~ ~"'' ~ cd O . s ~+ '" ~ .~ " ~ S ~ '~~ ~ ~' +~-~ ~ W .-~ ~, ' ~ te U1 ccc ,..~ U1 3-~ L/1 . ,~ U1 ~ i~-~~ W ~ ~ ice"' ~ ~ ~ U O ~i ~ ~ ~ ~ ~ '~ ~ ~ n W v x~ W x.~ W x ~ W x W cam, x~ o ~ ~ o 5~ : ~ 5 X 5 5 0 ~ ~ ~ ~ , .~ ~ ~ v CONSENT CALENDAR ITEM RI~J. 1 ITEM RI~J. 2 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: April 08, 2008 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. a8- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLON-ING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $4,779,819.38. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of April, 2008. Mike Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of April, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 03/20/2008 TOTAL CHECK RUN 03/27/2008 TOTAL CHECK RUN 03/20/2008 TOTAL PAYROLL RUN: $ 2,776,251.01 1,521,409.72 482,158.65 TOTAL LIST OF DEMANDS FOR 04/08/2008 COUNCIL MEETING: $ 4,779,819.38 DISBURSEMENTS BY FUND CHECKS: 001 GENERAL FUND $ 3,059,804.81 165 RDA LOW/MOD - 20% SET ASIDE 12,318.15 190 TEMECULA COMMUNITY SERVICES DISTRICT 262,821.66 192 TCSD SERVICE LEVEL B 116.96 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 79,069.03 194 TCSD SERVICE LEVEL D 774.75 195 TCSD SERVICE LEVEL R 1,655.00 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 8,888.95 197 TEMECULA LIBRARY FUND 4,970.22 210 CAPITAL IMPROVEMENT PROJECTS FUND 507,383.02 280 REDEVELOPMENT AGENCY -CIP PROJECT 14,653.60 300 INSURANCE FUND 4,898.96 320 INFORMATION SYSTEMS 46,194.13 330 SUPPORT SERVICES 12,351.60 340 FACILITIES 6,722.38 390 TCSD DEBT SERVICE 114,651.84 472 CFD Ol-2 HARVESTON A&B DEBT SERVICE 44,698.49 473 CFD 03-1 CROV/NE HILL DEBT SERVICE FUND 48,423.78 475 CFD033 WOLF CREEK DEBT SERVICE FUND 56,681.63 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 10,581.77 001 GENERAL FUND $ 319,940.53 165 RDA LOW/MOD - 20% SET ASIDE 5,474.47 190 TEMECULA COMMUNITY SERVICES DISTRICT 106,047.47 192 TCSD SERVICE LEVEL B 123.71 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,472.27 194 TCSD SERVICE LEVEL D 839.29 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 604.58 197 TEMECULA LIBRARY FUND 379.76 280 REDEVELOPMENT AGENCY -CIP PROJECT 2,394.14 300 INSURANCE FUND 1,283.45 320 INFORMATION SYSTEMS 27,496.26 330 SUPPORT SERVICES 4,141.43 340 FACILITIES 7,961.29 $ 4,297,660.73 482,158.65 TOTAL BY FUND: $ 4,779,819.38 apChkLst Final Check List Page: 1 03120/2008 10:40:4 7AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1025 03/18/2008 DD0166 FIRST AMERICAN TITLE escrow:44526-84 Pechanga Pkwy 132,344.00 132,344.DD COMPANY 1026 03/18/2008 005460 U S BANK 2001 COP Debt Service Pmt 114,651.84 114,651.84 1027 03/24/2008 005460 U S BANK SS SPY#1 payment 160,385.67 160,385.67 1028 03120!2008 OD1065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 20,740.13 20,740.13 SOLUTION 1029 03120!2008 000389 U S C M WEST COBRA), OBRA-Project Retirement Payment 3,476.74 3,476.74 NATIONWIDE RETIREMENT 1030 03/20!2008 000444 INSTATAX (EDD) State Disability Ins Payment 23,063.03 23,063.03 1031 03/20!2008 000283 INSTATAX (IRS) FederallncomeTaxesPayment 92,485.31 92,485.31 1032 03/20/2008 OD0246 PERS (EMPLOYEES' PERS ER Paid Member Cantr Payment 124,348.80 124,348.80 RETI REM ENT) 122823 03/1812008 OD0418 RIVERSIDE CO CLERK & recording fee:Wnchstr Rd prjt pw06-15 64.00 64.00 RECORDER 122824 03/18/2008 DDD418 RIVERSIDE CO CLERK & recording fee:R.C.Rehabilitation pw06-14 64.00 64.00 RECORDER 122825 03/20/2008 004594 2HOTACTIVEWEAR uniforms: Police 422.92 422.92 122826 03/20/2008 OD1985 A E P (ASSOC OF ENVIRO PROF) NAEP/CAEP cnf 3/25-28 SanDiego 245.OD 245.00 122827 03/20/2008 009010 ALEXANDER PACIFIC cable repairs: Front St 1,759.42 1,759.42 122828 03/20!2008 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 433.00 DUI & drug screenings: Police 148.00 581.00 122829 03/20!2008 000101 APPLE ON E INC temp help ppe 311 Ortiz, Vanessa 710.00 temp help ppe 311 Morrison, Dawn 255.34 965.34 122830 03/20/2008 002648 AUTO CLUB OF SOUTHERN Membership: 41878414 West, R 47.00 47.00 CALIF 122831 03/20/2008 D11850 BRINGAS, MARTIN refund: Tiny Tots -Ivan 65.00 65.DD Page:1 apChkLst Final Check List Page: 2 03120!2008 10:40:4 7AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 122832 03/20!2008 005889 BROWN, PASCALE Reimb:CSMFO Conf:3/5-7:Anaheim 64.64 64.64 122833 03/20/2008 010817 BURNS, DAVID Bluegrass Festival performance 1,ZDO.OD 1,200.OD 122834 03/20/2008 OD3138 CAL MAT PW patch truck materials 871.73 PVV patch truck materials 203.37 PW patch truck materials ZDD.65 1,275.75 122835 03/20!2008 005321 CALIFASSOC OF CODE 'OS GACEO mbrshp: MH,RJ,TC,KC 300.00 300.00 122836 03/20/2008 OD5384 CALIF BAGEL BAKERY & DELI refreshments:TCC cert trng 318 307.09 307.09 122837 03/20/2008 010349 CALIF DEPT OF CHILD SUPPORT Support Payment 25.00 25.OD 122838 03/20/2008 OD0152 CALIF PARKS & RECREATION 'OS CPRS banquet 3120: JP, JW 275.00 275.00 SOC 122839 03/20/2008 OD0152 CALIF PARKS & RECREATION '07 CPRS award videos/dvds:TCSD Z66.OD 266.OD SOC 122840 03/20/2008 OD0152 CALIF PARKS & RECREATION Regist:Admin Asst wkshp 4110 20.00 20.00 SOC 122841 03/20/2008 DD0518 CARE ANIMAL HOSPITAL Veterinary sues: Police K-9 326.36 326.36 122842 03120!2008 000131 CARL WARREN & COMPANY INC Claim adjuster services 1/17-2/28 4,090.48 4,090.48 122843 03120!2008 004609 CINTAS DOCUMENT 2129 document shred svc: Police 32.50 32.50 MANAGEMENT 122844 03/20!2008 005417 CINTAS FIRST AID & SAFETY first aid supplies: PW Maint 306.67 306.67 122845 03120!2008 003997 COAST RECREATION INC playground equip: City parks 2,942.01 2,942.01 122846 03/2012008 0044D5 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 136.00 136.OD 122847 03/20!2008 OD0442 COMPUTER ALERT SYSTEMS alarm service repair: MPSC 80.00 80.00 122848 03/20/2008 OD0447 COMTRONIX OF HEMET Repairs: Police Motorcycle 100.D0 100.OD Paget apChkLst Final Check List Page: 3 03120!2008 10:40:4 7AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 122849 03/20/2008 001264 GOSTCO WHOLESALE supplies: Spring Egg Hunt event 968.72 968.72 122850 03/20/2008 011851 CRE 8 YURBODY PERSONAL refund: Library room rental 3/24 210.OD 210.00 TRNG 122851 03/20/2008 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 840.00 TCSD instructor earnings 682.50 1,522.50 122852 03/20/2008 000609 DOUBLETREE HOTEL ht1:3123-28 Cnf Dep.Simmons 649.59 649.59 122853 03120!2008 000609 DOUBLETREE HOTEL ht1:417-11 Trn Conf Dakin,Sean 470.65 470.65 122854 03120!2008 001056 EXCEL LANDSCAPE Mar landscape maint:Parks 44,371.22 Mar Idscp maint:South slopes 43,179.96 Mar Indscp maint:North slopes 29,372.80 Mar landscape svc:City facilities 9,986.81 flower installations:Crowne Hill 3,000.00 tree maint:Margarita Rd median 417.55 Feb Idscp svc:Diaz Rd median 301.93 landscape maint:Margarita Park 300.45 tree replacement:Jefferson Ave 83.51 tree replacement:Meadows Pkwy 83.51 tree replacement:Jefferson Ave 83.51 131,181.25 122855 03/20!2008 003665 EXCEL TELECOMMUNICATIONS Feb 08 long distance phone svcs 53.27 53.27 122856 03120!2008 004464 EXXONMOBIL CARD SERVICES City vehicle fuel: CM 68.80 68.80 122857 03/20!2008 000206 FEDEX KINKOS INC lamination svcs: Planning 51.72 51.72 122858 03/20/2008 007274 FORGE, THE rFrshmnts:Big Band Ballroom 212 101.29 101.29 122859 03/20/2008 002982 FRANCHISE TAX BOARD Support Payment 75.00 75.00 122860 03/20/2008 011489 FRITO LAY COMPANY refund:security dep RRSP 10121 150.00 150.00 122861 03120!2008 010028 G M BUSINESS INTERIORS Office equipmentlinstall: B&S 702.73 702.73 122862 03/20!2008 010270 GATES, ANDREW JODY Bluegrass Festival performance 1,200.00 1,200.00 Page:3 apChkLst 03120!2008 10:40:47AM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 122863 03/20!2008 004910 GLOBAL EQUIPMENT COMPANY equipment: PW Traffic 630.82 630.82 INC 122864 03/20/2008 005664 GOSCH TOWING & RECOVERY Reimb: Police Towing 11/14/07 420.00 Towing svc TE08013137: Police 165.00 585.00 122865 03/20/2008 003792 GRAINGER maint supplies: Library 73.42 73.42 122866 03/20/2008 004133 H D L SOFTWARE LLC business lie ann'I software maint 5,523.66 business license database update 680.00 6,203.66 122867 03120!2008 000186 HANKS HARDWARE INC Hardware supplies: PVVMaint 1,330.07 1,330.07 122868 03/20!2008 003895 HAROLD, MARK employee computer loan pgrm 1,103.46 1,103.46 122869 03/20!2008 010744 HEADSETS.GOM INC wireless phone headset:Finance 860.76 860.76 122870 03/20/2008 008706 HILT, KIMBERLY A. T-shirts:Every 15 Min program 1,144.40 1,144.40 122871 03/20/2008 010879 HINMAN & CARMICHAEL LLP Feb ABC license sues: Theater 127.50 127.50 122872 03120!2008 005201 HUDSON, MICHAEL employee computer loan pgrm 2,000.00 2,000.00 122873 03/20!2008 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,421.11 11,421.11 303355 122874 03120!2008 001573 INLAND EMPIRE FILM 07!08 IEFC funding: Economic Dev 5,000.00 5,000.00 COMMISSION 122875 03120!2008 006914 INNOVATIVE DOCUMENT Feb copier maintlusage:Citywide 3,783.15 SOLUTIONS Feb copier maintlusage:Library 546.71 4,329.86 122876 03120!2008 003266 IRON MOUNTAIN OFFSITE Feb records storage:IS backup tape 453.28 453.28 122877 03/20/2008 010119 IRS - OIG Support Payment 140.11 140.11 122878 03/20/2008 002424 KELLEY DISPLAY INC Temecula Arts 1&2 banners:Eco Dv 13,576.50 13,576.50 122879 03/20/2008 001405 KIWANIS CLUB OF RANCHO- refund: security dep CRC 317 150.00 150.00 122880 03/20/2008 011855 KLUTER, MARY refund: "Kushiel's Dart" 25.95 25.95 Page:4 apChkLst Final Check List Page: 5 03120!2008 10:40:4 7AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 122881 03/20/2008 007834 KMART misc supplies: Stn 92 303.73 303.73 122882 03/20/2008 008715 KRAMER FIRM INC Mar cnslt svc Verizon wrlss: Planning 2,OOO.OD 2,000.00 122883 03/20/2008 010546 L C I SERVICES regist:Rolling Surveillance 3124-28 940.00 940.00 122884 03/20/2008 010120 L G C INLAND INC Jan geotech secs: fiber optic prj 8,318.47 8,318.47 122885 03/20!2008 004174 LIGHT IMPRESSIONS exhibit framing & supplies:Museum 306.87 306.87 122886 03120!2008 004141 MAINTEX INC custodial supplies:crc 236.44 236.44 122887 03/20/2008 OD1967 MANPOWER TEMPORARY temp help wle 03109 T. Fish 762.88 SERVICES temp help w1e 03102 T. Fish 715.20 1,478.08 122888 03/20/2008 DD0220 MAURICE PRINTERS INC printing/dsgn:City gtrly newsletters 6,246.73 6,246.73 122889 03/20/2008 007210 MIDORI GARDENS Feb Idscp maint:City parks 69,204.18 69,204.18 122890 03/20/2008 007669 MILES, KATRINA TCSD Instructor Earnings 315.00 315.00 122891 03/20!2008 011440 MILLMORE'S WAX GREW City vehicle detailing srvcs:PW Depts 125.00 City vehicle detailing srvcs:PW Depts 100.00 225.00 122892 03120!2008 001384 MINUTEMAN PRESS business cards:P. Rawlings 85.77 business cards:A. Odviar 44.95 business cards:W. Becerra 44.95 business cards:D. Gamberos 44.95 business cards:F. Carranza 44.95 265.57 122893 03/20!2008 001892 MOBILE MODULAR 314412!08 modular bldg rental:T.C.C. 832.40 832.40 122894 03/20!2008 005887 MOFFATT & NICHOL ENGINEERS 1 1 12 5-1 2129 srvcs:F.V.Pkwy Ovrcrss 140,881.42 140,881.42 122895 03/20/2008 001214 MORNINGSTAR PRODUCTIONS, Bluegrass Festival'OB sound sys rental 5,508.80 5,508.80 LLG 122896 03120!2008 002257 MOST DEPENDABLE FOUNTAINS drinking fountain parts:var park sites 606.78 606.78 Pagea apChkLst Final Check List Page: 6 03120!2008 10:40:4 7AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 122897 03/20!2008 009443 MUNYON, DENNIS G. Old Town parking license 4108-4109 2,050.00 2,050.00 122898 03/20/2008 OD7564 MURRAYS HOTEL & refrigerator pureh:Theater 3,932.88 RESTAURANT equipment:Theater 356.87 equipment:Theater 185.81 4,475.56 122899 03/20/2008 OD4490 MUSCO SPORTS LIGHTING INC control link srvc fee:rrsp ballfield 800.00 800.OD 122900 03120!2008 010168 MYERS & SONS HI-WAY SAFETY misc traffic supplies:pw maint div 32.27 32.27 INC 122901 03120!2008 002925 NAPA AUTO PARTS City veh maint supplies:pw maint div 180.86 City veh maint supplies:fire stn 84 39.87 City veh maint supplies:fire stn 84 28.20 248.93 122902 03/20/2008 OD8528 NICHOLS, MELBURG & ROSETTO Jan eng srvs:Civic Center Phase II 161,548.59 Jan design:old town infrastructure 32,562.13 194,110.72 122903 03/20/2008 OD2292 OASIS VENDING coffee/kitchen supplies:city hall 394.43 coffeelkitchen supplies:west wing 170.71 coffeelkitchen supplies:foc bldg 154.55 719.69 122904 03/20!2008 006721 OFFICEMAX - A BOISE COMPANY misc. office supplies:finance 130.13 130.13 122905 03/20!2008 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 256.23 City Vehicle RepairlMaint Svcs 106.77 City Vehicle RepairlMaint Svcs 106.77 City Vehicle RepairlMaint Svcs 79.37 City Vehicle RepairlMaint Svcs 75.00 City Vehicle RepairlMaint Svcs 37.71 City Vehicle RepairlMaint Svcs 34.27 696.12 122906 03/20/2008 OD1619 ORANGE COUNTY REGISTER INC Feb recruitment ads:human resources 150.00 150.OD 122907 03/20/2008 OD1171 ORIENTAL TRADING COMPANY misc supplies:teen pgrm 22.81 22.81 INC 122908 03/20/2008 011858 ORLOFF, TRACT refund:creative beginnings/1115.105 44.00 44.OD 122909 03/20!2008 001958 PERS LONG TERM CARE PERS Long Term Care Payment 305.56 305.56 PROGRAM 122910 03/20/2008 000249 PETTY OASH Petty Cash Reimbursement 649.51 649.51 Page6 apChkLst Final Check List Page: 7 03120!2008 10:40:4 7AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 122911 03/20!2008 000580 PHOTO WORKS OF TEMECULA photo srvcs & supplies:history museum 64.74 64.74 122912 03/20/2008 008793 PICK UP STIX Refreshment: Planning Commission 3111 213.83 213.83 122913 03/20/2008 001999 PITNEY BOWES 3108-2109 postage mtr/scale maint x739 2,158.00 3108-2109 postage mtr/scale maint x585 204.00 2,362.00 122914 03/20/2008 000254 PRESS ENTERPRISE COMPANY 612 010 8-6/1 910 9 subscr:Fin. 6683902 165.36 165.36 INC 122915 03/20/2008 000728 RAMSEY BACKFLOW & backflow testlrepair:medians & parks 242.00 PLUMBING backflow testing:mpsc 44.00 Backflow testing:old town 22.00 backflow testing:mirada 22.00 backflow testing:villages 22.00 352.00 122916 03/20/2008 000262 RANCHO CALIF WATER DISTRIC T Various TCSD Water Meters 3,579.43 Various PW Water Meters 142.14 Various RDA Water Meters 67.75 3,789.32 122917 03/20!2008 003761 RANCHO METALS & SUPPLY metal supplies:C. Museum 43.61 43.61 122918 03/20!2008 005972 RAU, ANDY J. Bluegrass festival performance 600.00 600.00 122919 03/20!2008 000271 RBF CONSULTING Jan Idscp dsgn:sr79 corridor 7,244.76 7,244.76 122920 03/20/2008 003591 RENES COMMERCIAL weed control:City R.O.W.'s 9,975.00 MANAGEMENT trash & debris removal:City R.O.W.'s 5,000.00 14,975.00 122921 03/20/2008 002110 RENTAL SERVICE equip rental:PW mntc 16.15 CORPORATION equip rental:PW mntc 10.32 26.47 122922 03/20/2008 000352 RIVERSIDE CO ASSESSOR Mar assessor maps:b&s dept 33.00 33.00 122923 03/20/2008 000406 RIVERSIDE CO SHERIFFS DEPT Dec 6 to Jan 2:law enforcement 1,187,217.82 1,187,217.82 122924 03/20/2008 000406 RIVERSIDE CO SHERIFFS DEPT regist:4/7-11 Trffc Conf Riverside 214.00 214.00 122925 03/20/2008 001365 RIVERSIDE COUNTY OF renew permit:CRC poollspa 610.00 610.00 122926 03/20!2008 000873 ROBERTS, RONALD H. reimb: 2113-3112 Internet svcs 49.99 49.99 Page:? apChkLst Final Check List Page: 8 03120!2008 10:40:4 7AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 122927 03/20!2008 011857 ROJAS, LYNDA refund:sec.deposit/CRC 318 150.00 150.00 122928 03/20/2008 OD0277 S & S ARTS & CRAFTS INC recreation supplies: c. museum 79.28 79.28 122929 03/20/2008 OD6815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 122930 03/20!2008 006176 SANTA ANA COLLEGE Fire Prev 2A 5112-16 T.Pollack 150.00 150.00 122931 03120!2008 006176 SANTA ANA COLLEGE Fire Prev 2A 5/12-16 J.Marsh 150.00 150.00 122932 03/20/2008 OD6176 SANTA ANA COLLEGE Fire Prev 2A 5112-16 N.Lara 150.00 150.00 122933 03/20/2008 011859 SDCFPOIFPO regist:07 CFC conf:4116:Escondido 100.00 100.OD 122934 03/20/2008 011859 SDCFPO/FPO regist:07 CFC conf:4116:Escondido 100.00 100.00 122935 03120!2008 011859 SDCFPO/FPO regist:07 CFC conf:4l16:Escondido 100.00 100.00 122936 03120!2008 011859 SDOFPO/FP0 regist:07 CFC conf:4l16:Escondido 100.00 100.00 122937 03/20/2008 010089 SECURITAS SECURITY SRVCS Feb security srvcs:Redhawk Dag Prk 3,920.00 USA Feb security srvcs:Harveston Lake 2,5D6.88 6,426.88 122938 03/20/2008 OD8529 SHERIFF'S CIVIL DIV-CENTRAL Support Payment 1D0.00 100.00 122939 03/20/2008 OD4460 SILVERADO BLUEGRASS BAND Bluegrass Festival performance 2,000.00 2,OOO.OD 122940 03/20/2008 OD7460 SIMPSON, JASON Reimb:CSMFO Conf:3/5-7:Anaheim 65.15 65.15 122941 03120!2008 000645 SMART & FINAL INC misc. supplies:high hopes pgrm 147.61 misc. supplies:familyfuH Hite pgrm 129.55 Misc supplies:FlT pgrm 83.20 360.36 122942 03120!2008 003477 SMITH, BARBARA reimb:CPRS Conf 2126-28 L.Beach 451.46 451.46 Page:B apChkLst Final Check List 03120!2008 10:40:4 7AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 122943 03/20!2008 000537 SO CALIF EDISON Mar 2-27-560-0625 Deerhollow Way Mar 2-26-887-0789 various mtrs Mar 2-2x393-4681 TES Pool Mar 2-28-171-2620 Police Mall Stn Mar 2-28-397-1315 Redhawk Pkwy 122944 03/20/2008 OD0519 SOUTH COUNTY PEST CONTROL Feb pest control services:City Fac's INC 122945 D312012008 007851 SOUTHCOAST HEATING & AIR Facility repair & maint:crc 122946 03/20/2008 010821 SOUTHWEST AREA ACTIVITIES refund:sec.depositlGRC 122947 03/20/2008 002015 STAR WAY PRODUCTIONS audio srvcs:rod nan event 317-8108 122948 03120!2008 001505 STEEPEN, SUE reimb:State-City Mayoral supplies 122949 03120!2008 011696 SUNDANCE STAGE LINES INC excursion:high hopes pgrm 1127 122950 03/20!2008 009811 SUNNY HILLS TOWING LOWBED vehicle towing services: Police SRVC 122951 03/20!2008 011849 SURF CITYALLSTARS, INC. 50%dep:7l11 performance RRSP 122952 03/20/2008 000305 TARGET BANK BUS CARD SRVCS mist supplies:Team PACE events mist supplies:Aquatics Pgrm mist supplies:Theater 122953 03/20/2008 009500 TEMEC ELECTRONICS, INC Electrical supplies:var parkslC.M.lLibr. 122954 03/20/2008 122955 03/20/2008 122956 03120!2008 122957 03/20!2008 122958 03/20/2008 Amount Paid 3,635.00 1,281.18 602.88 430.71 15.87 593.00 904.28 150.00 845.00 229.46 959.00 160.00 1,875.00 493.07 91.20 50.75 482.65 1,369.76 471.83 400.00 1,966.00 58.91 44.95 Page: 9 Check Total 5,965.64 593.00 904.28 150.OD 845.00 229.46 959.00 160.00 1,875.00 635.02 482.65 1,369.76 471.83 400.00 1,966.00 103.86 Page9 010679 008292 010848 004788 010276 TEMECULA AUTO REPAI RIRADIATOR TEMECULA DIESEL AUTO 8 TRUCK TEMECULA PLANTSCAPE TEMECULA ROOFING TIME WARNER GABLE City veh repair & maint:fire preventicn truck repair:pw maintenance Feb lease pmt:plants @ library Res Imprv Prgm: Vanderharst, Christina Mar high speed intemet Stn 92 Mar high speed Internet Ovrlnd Trail apChkLst Final Check List 03120!2008 10:40:47AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 122959 03/20/2008 007709 TOYOTA OF TEMECULA VALLEY City veh repair & maint:planning dept 122960 03/20/2008 007118 U S TELEPACIFIC CORPORATION Mar Internet IP Addresses Black Amount Paid 32.49 1,565.88 122961 03/20/2008 008517 UNITED SITE SERVICES OF 2128-3126 fence rental:Main St Bridge 26.40 CA,INC 122962 03/20/2008 000325 UNITED WAY United Way Charities Payment 69.OD 122963 03120/2008 004261 VERIZON Marxxx-5072 general usage 4,785.51 Mar xxx-6812 General usage 88.82 Mar xxx-3910 1st St Irrigation 36.66 Mar xxx-7562 irrigation controller 35.59 Mar xxx-2372 VNf Crk Irrg Cntrl 34.12 122964 03/20/2008 001890 VORTEX DOORS emerg door repair:Palice storefront 310.72 122965 03/20!2008 003089 WAKEFIELD COMPANY, THE 3 trash cans:harv lake park 755.24 122966 03/20!2008 OD3730 WEST COAST ARBORISTS INC 2116-29/08 Citywide tree trimming srvcs 15,392.00 122967 03120!2008 000621 WESTERN RIVERSIDE COUNCIL February 2008 TUMF Payment 190,981.40 OF 122968 03120!2008 011856 WILEY-CHASTANG, LAURA refund:ballroom dance13400.102 48.00 122969 03/20/2008 000348 ZIGLER, GAIL Reimb:CPRS Conf 2126-3/1 L.Beach 288.42 reimb:Team PACE supplies 109.84 Grand total for UNION BANK OF CALIFORNIA: Page: 10 Check Total 32.49 1,565.88 26.40 69.00 4,980.70 310.72 755.24 15,392.00 190,981.40 48.00 398.26 2,776,251.01 Page:10 apChkLst Final Check List Page: 11 03120J2QQ8 10:40:47AM CITY OF TEMECIJLA 155 checks in this report. Grand Tatal All Checks: 2,776,251.01 Page:11 apChkLst Final Check List Page: 1 03127/2008 3:25:25PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 122970 03/27/2008 009604 12MILESOUT.COM Feb video secs: Council mtgs 1,000.00 1,000.00 122971 03/2712008 001523 A M BEST COMPANY, INC. subscription renewal: Finance 151.95 151.95 122972 03/2712008 008552 ADKINS DESIGN CONSULTING design svc: Arts Carnival flyer 357.84 357.84 122973 03/27!2008 003679 AEI CASC ENGINEERING Jan WQMP pln ck sues: PW 17,909.54 17,909.54 122974 03/27!2008 001281 ALHAMBRA GROUP Feb architect svcs:Penchanga Pkwy 400.80 400.80 122975 03/27/2008 009374 ALLEGRO MUSICAL VENTURES piano repair/maint: Theater 140.00 140.00 122976 03/2712008 006915 ALLIE'S PARTY EQUIPMENT equip rental:Big Band event 212 226.20 equip rental:TCSD event 2115 63.13 equip rental: TCSD event 311 63.13 352.46 122977 03127!2008 001375 AMERICAN CONSTRUCTION 08!09 ACIA mbrshp: Hodson, Jack 135.00 135.00 122978 03/2712008 011531 AMERICAN MEDICAL RESPONSE AHAlAED Cards Cpr Pgrm: Fire 180.00 180.00 INC 122979 03/27/2008 000747 AMERICAN PLANNING 08109 AICP mbrshp: Fisk, Stuart 430.00 430.00 ASSOCIATION 122980 03/27/2008 000747 AMERICAN PLANNING 08109 AICP mbrshp: Peters, Matt 312.00 312.00 ASSOCIATION 122981 03127/2008 001587 AMERICAN PUBLIC WORKS 08109 APWA mbrshp: Hughes, W 166.25 166.25 ASSN. 122982 03/2712008 000936 AMERICAN RED CROSS 215 class fee: Aquatics pgrm 8.00 8.00 122983 03/27/2008 011236 AMERICAN TAITRADE INC Supplies: Skateboard Design Class 1,235.72 1,235.72 122984 03/2712008 000101 APPLE ON E INC temp help ppe 318 Morrison, D 600.80 600.80 122985 03/2712008 002648 AUTO CLUB OF SOUTHERN Mb: 52094984 Rodecker, E 47.00 47.00 CALIF 122986 03127!2008 002713 BALLOONS GALORE balloons:spring egg hunt 3122 457.94 457.94 Page:1 apChkLst Final Check List Page: 2 03/27/2008 3:25:25PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 122987 03/27!2008 011881 BARNET, BEATRIZ Reimb:CPRS Conf:2127-29:LgBeach 187.72 187.72 122988 03/27/2008 002541 BECKER CONSTRUCTION SRVS street maint/saw cutting:PW Maint 7,650.00 7,650.00 INC 122989 03/27/2008 010528 BEDOY ENTERPRISES vehicle repairlmaint: Stn 12 415.92 415.92 122990 03/27/2008 004040 BIG FOOT GRAPHICS TCSD instructor earnings 546.00 546.00 122991 03/27!2008 004176 BROADWING Long distance & Internet svcs 745.52 745.52 TELECOMMUNICATIONS 122992 03/27!2008 003138 GAL MAT PW patch truck materials 779.29 PW patch truck materials 217.03 PW patch truck materials 204.73 1,201.05 122993 03/27/2008 005384 CALIF BAGEL BAKERY & DELI rfrshmnts:TCSD bdgt wkshp 11113 255.91 refreshments:Team PAGE 3117 254.50 rFrshmnts:TCSD bdgt wkshp 11126 178.54 688.95 122994 03127!2008 001054 CALIF BUILDING OFFICIALS Calbo Annl Busines Mtg:Harold, M 290.00 290.00 122995 03127!2008 004248 CALIF DEPT OFJUSTICE- Jan fingerprinting svc: HR/PD 3,033.00 3,033.00 ACCTING 122996 03/27!2008 000152 CALIF PARKS & RECREATION Park Comp Prj 1/23:ThurmanlMaisey 800.00 800.00 SOG 122997 03/27!2008 004971 CANON FINANCIAL SERVICES, Apr Copier Leases: Citywide 4,744.84 4,744.84 INC 122998 03127!2008 010434 CATERERS CAFE rfrshmnts:ballot counting mtg 3t5 66.03 66.03 122999 03/27!2008 004609 CINTAS DOCUMENT 314 doc shredding svcs:CRClPD 45.00 MANAGEMENT 317 doc shredding svcs: Library 32.50 77.50 123000 03/27!2008 002989 CLEAR IMAGE WINDOW window cleaning int/ext: Library 1,845.00 1,845.00 CLEANING 123001 03127!2008 004405 COMMUNITY HEALTH CHARITIES 'OS Gift Giving Campaign 920.00 920.00 123002 03127!2008 000442 COMPUTER ALERT SYSTEMS Apr-Jun alarm monitoring: Citywide 3,330.00 Jan-Mar alarm monitoring:Skate Park 120.00 3,450.00 Paget apChkLst Final Check List Page: 3 03/27/2008 3:25:25PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123003 03/27!2008 000447 COMTRONIX OF HEMET motorcycle repairlmaint: Police 75.00 75.00 123D04 03/27/2008 006303 CONDUIT NETWORKS, INC keyboard replacements: Library 354.OD 354.00 123005 03127!2008 002945 CONSOLIDATED ELECTRICAL electrical supplies: TCSD Parks 32.20 32.20 DIST 123006 03/27/2008 001264 COSTCO WHOLESALE mist supplies: Merc art gallery 187.96 refreshments:PD Parent Project 182.03 369.99 123007 03127!2008 003986 COZAD & FOX INC Jan-Feb survey Svcs: Diaz Rd 6,888.00 Jan-Feb cnslt svc:RRSP channel 3,924.92 10,812.92 123008 03/27!2008 008758 CROSSROADS SOFTWARE INC 33°!° Dep Citation Software:Police 17,301.62 17,301.62 123009 03127!2008 001393 DATA TICKET INC Feb parking citation svcs: Police 3,400.46 3,400.46 123010 03/27/2008 002990 DAVID TURCH & ASSOCIATES Feb-Mar federal lobbyist svcs:CM 6,700.00 6,700.00 123011 03/27/2008 011027 DEL RIO ENTERPRISE INC. Emergency road wrk: Del Rio Rd 18,511.24 18,511.24 123012 03127!2008 008943 DEPT OF GENERAL SERVICES admin hearing svcs: Code Enf 3,459.50 3,459.50 (DGS) 123013 03/27/2008 010634 DIEGO DEV CFD 88-12 Reimb:APN 921730064 11,858.78 11,858.78 123014 03/27!2008 011871 DONOVAN, RICHARD reimb: braze kit for Theater 53.83 53.83 123015 03127!2008 OD4192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 2,427.91 INC Fuel for City vehicles: PW Maint 1,827.64 Fuel for City vehicles: PW Lnd Dv 512.40 Fuel far City vehicles: B&S 448.65 Fuel for City vehicles: Code Enf 380.02 Fuel for City vehicles: PW Traffic 242.50 Fuel for City Vehicles:ClPlCity Van 151.22 Fuel for City vehicles: PW CIP 119.57 6,109.91 123016 03/27!2008 000523 EASTERN MUNICIPAL WATER Mar 190304-02 Seraphina Rd 85.86 DIST Mar 95366-02 Diego Dr Ldscp 22.41 108.27 123017 03127!2008 011375 EDUCATIONAL INNOVATIONS INC science supplies: Children's Museum 52.83 52.83 Page:3 apChkLst 03127!2008 3:25:25PM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 123018 03/27!2008 001056 EXCEL LANDSCAPE 123019 03/27!2008 000206 FEDEX KINKOS INC 123020 03/2712008 004000 FENCING BYACREY INC 123021 03/27/2008 003747 FINE ARTS NETWORK 123022 03/2712008 011781 FIRE INNOVATIONS LLG Final Check List Page: 4 CITY OF TEMECULA (Continued) Description Amount Paid Check Total Mar Indscp maint: Medians 15,445.61 irrigation repairs: MPSC 754.51 irrigation repairs: City Hall 266.53 Credit:M-09 ovrchg Mar Indscp svcs -238.7D 16,227.95 lamination svcs: Planning 51.72 51.72 Res Imp Prgm: Ferguson, James 2,978.00 2,978.00 sttlmt: Fantasticks Feb-Mar 627.05 627.05 equipment: Stn 84 140.07 140.07 Page:4 apChkLst Final Check List Page: 5 03/27/2008 3:25:25PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123023 03/27/2008 003347 FIRST BANKCARD CENTER MARRIOTT HOTEL TT HtI:ESRI conf:8l3-S:Beal:SanDiego 628.26 HILTON SN HtllMeaI:LCC City Mgr:2l6-7:LaJolla 495.37 HILTON AA HtllMeaI:LCC City Mgr:2/6-7:LaJolla 480.39 SOFIA HOTEL, THE TT HoteI:ESRI Conf:815-7:Matthews 461.24 JVC SERVICE & ENGINEERING TT Repair council chamber camera 300.66 CO AMERICAN PLANNING RJ Regist:Dir.Institute:D.Chiniaeff 295.00 ASSOCIATION COUNTRY GARDEN WH Refreshment:PW mntc safety mtg 268.73 RESTAURANT CONSTANT CONTACT INC TT Yr Subscr: email marketing svc 252.00 MILANOS SJ Refreshment:Council Closed Session 160.00 PAYPAL TT Verisign Payflow Pro Transaction 156.50 SOUTHWEST AIRLINES MH AirFare:Green Summit Conf:4/7-8108 154.00 BLACKANGUS WH Refreshment: Interview Panel 94.55 FCC CONFERENCECALLSVC RJ Conference calls svcs 80.32 LOCAL GOVERNMENT RJ Regist:CEQA Conf:West:Sl15:LA 75.00 COMMISSION BJ'S RESTAURANTS, INC. TT Refreshment:Library Ntwk Mtg 74.54 CAFE DANIEL JM Refreshments:Old Twn Wrkg Mtg 45.50 STARBUCKS CORPORATION AA Exec.Mgmt retreat refreshments 24.00 PAYPAL TT State of the City supplies 19.76 PALA MESA RESORT MH Refreshment:Exec.Mgmt retreat 13.45 ACE PARKING LOT AA Prking LCG City Mgr:216-7:LaJolla 10.00 MLB.COM TT State of the City supplies 2.95 4,092.22 123024 03/27/2008 011874 FLORES, MELISSA refund: Kaden -Tiny Tats 4/5's 65.00 65.00 123025 03/27!2008 001989 FOX NETWORK SYSTEMS INC Barcode Scanner: Library 1,177.24 equip RecordslTheater:InfoSys 1,128.74 2,305.98 123026 03127!2008 007866 G C S SUPPLIES INC printer toner/cartridges: Info Sys 139.00 139.00 123027 03/27/2008 004910 GLOBAL EQUIPMENT COMPANY rackinglshelving equip:PW Traffic 759.64 INC pallet jack: PW Traffic 363.06 1,122.70 Pagea apChkLst Final Check List Page: 6 03/27/2008 3:25:25PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123028 03127!2008 005947 GOLDEN STATE OVERNIGHT 3111-13 express mail svc:Fire Prev 20.34 20.34 123029 03/27/2008 010279 GRIFFITH AIR TOOL ING mist supplies: PW Maint 142.19 142.19 123030 03127!2008 000378 HAFELI, THOMAS Employee Computer Loan Pgrm 1,193.22 1,193.22 123031 03127!2008 011860 HAUSER, JENNIFER Refund: Live Scan Overpayment 32.00 32.00 123032 03127!2008 001135 HEALTHPOINTE MEDICAL Employee Physicals: Hr 50.00 50.00 GROUPING 123033 03127!2008 000871 HILTON ht1:417-11 Crime free conf: Harney 398.72 398.72 123034 D3/2712008 D08694 HOLIDAY INN EXPRESS htl ESG wknd 1113:Gardner,K 131.99 131.99 TEMECULA 123035 03127!2008 003198 HOME DEPOT, THE Hardware supplies: TCC 99.07 99.07 123036 03/27/2008 003624 HOWELL, ANN MARIE Design:Murr Greek Flaod Cntrl Sheet 3,056.00 3,056.00 123037 03127!2008 004217 HYDRO TEK COMPANY equipment repairs: PW Maint 170.53 170.53 123038 03127!2008 004833 IMPERIAL PAVING COMPANY IN G asphalt road repairs: PW Maint 19,792.00 19,792.00 123039 03/27!2008 001123 INDUSTRIAL DISTRIBUTION Misc supplies:pw maint div 1,531.28 1,531.28 GROUP 123040 03/27!2008 003296 INTL CODE COUNCIL publications: Fire Prevention 342.93 342.93 123041 03/27!2008 000501 INTL INSTITUTE OF MUNICIPAL IIMG recertification: Ballreich, M 50.00 50.00 123042 03127!2008 004119 J T B SUPPLY COMPANY ING mist signal supplies: PW Traffic 2,844.60 2,844.60 123043 03/27/2008 004908 JIFFY LUBE 1878 vehicle repairlmaint: B&S 33.06 33.06 123044 03/27/2008 000203 JOBS AVAILABLE ING Recruitment ad 3/18: HR 245.00 245.00 123045 03/27!2008 002424 KELLEY DISPLAY ING Western days banner maint:RDA 201.67 201.67 Page6 apChkLst Final Check List Page: 7 03/27/2008 3:25:25PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123046 03/27!2008 010922 KITTENS 'N' PUPS K-9 FoodlSupplies: Police 79.71 79.71 CORPORATION 123047 03/27/2008 D01282 KNORR SYSTEMS INC Water Heater Repair:Tes Pcol 335.88 335.88 123048 03/27/2008 011767 LEICA GEOSYSTEMS SWM maint renewal: Info Sys 1,196.75 1,196.75 GEOSPATIAL IM 123049 03/27/2008 OD4905 LIEBERT, CASSIDY& WHITMORE Feb HR legal svcsforTE060-01 2,916.00 2,916.OD 123050 03/2712008 OD3726 LIFE ASSIST INC Medical Supplies: Paramedics 2,234.12 2,234.12 123051 03/27/2008 011875 LOPEZ, ANGELES refund: Rhyan -Tiny Tots 3's 65.00 65.OD 123052 03127!2008 003432 LOVE, PATRICIA B refund: San Diego excursion 3111 28.00 28.00 123053 03/27!2008 005969 LYONS, TIMOTHY J. Bluegrass festival ent 3115-16 150.00 150.00 123054 03/27/2008 OD0394 MAINTENANCE Regist:MSA trngltrade show:PW Staff 110.00 110.OD SUPERINTENDENTS 123055 03/27/2008 OD9812 MAISEY, JOHN Reimb:CPRS Conf:2127-29:LgBeach 190.06 190.06 123056 03/27/2008 001967 MANPOWER TEMPORARY Temp help PPE 3116 Fish 762.88 762.88 SERVICES 123057 03/27/2008 OD4894 MICHAEL BRANDMAN JanlFeb eng srvcs:Pechanga Pkwy II 4,834.00 4,834.00 ASSOCIATES 123058 03/27/2008 011440 MILLMORE'S WAX GREW Gar wash srvcs:City's vehicleslplanning 95.00 95.OD 123059 03127!2008 001384 MINUTEMAN PRESS Printing envelopes:tcsd 179.36 179.36 123060 03/27!2008 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 410.40 A. TCSD Instructor Earnings 383.40 TCSD Instructor Earnings 375.00 1,168.80 123061 03/27!2008 OD0883 MONTELEONE EXCAVATING Excavation srvcs: service level R 1,655.00 1,655.00 123062 03/27/2008 002257 MOST DEPENDABLE FOUNTAINS Drinking fountain parts:Park Sites 606.78 606.78 Page:? apChkLst Final Check List Page: 8 03/27/2008 3:25:25PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123063 03127!2008 001986 MUZAK -SOUTHERN CALIFORNIA Apr "on-hold" phone music:FOC 98.18 98.18 123064 03/27/2008 DD6077 N T H GENERATION COMPUTING Regist:VMware Trng:3131-413:Brasga 2,995.00 2,995.OD INC 123065 03/2712008 004508 NAGGAR, MICHAEL S. Reimb:half of home Internet svcs 74.99 74.99 123066 03/27/2008 DD0727 NATIONAL FIRE PROTECTION NFPA Code Books:fire prevention 384.79 384.79 ASSN 123067 03/2712008 000233 NELSON, SHAWN reimb:Mar 7 -Apr 6 Internet services 44.99 44.99 123068 03/27/2008 009337 NOLTE ASSOCIATES INC 1 212 1 /0 7-111 7108 dsgn srvcs:ped bridge 5,212.44 1118-2114/08 dsgn srvcs:ped bridge 3,924.41 9,136.85 123069 03/27!2008 003964 OFFICE DEPOT BUSINESS SVS Misc Office Supplies:Police 216.89 DIV Misc Office Supplies: Csd 106.70 Misc Office Supplies: Csd 9.69 333.28 123070 03/2712008 002105 OLD TOWN TIRE & SERVICE Vehicle repair & maint:CAP pgrm 258.27 Vehicle repair & maint:pw traffic div 36.27 Vehicle repair & maint:pw land dev 36.27 Vehicle repair & maint:pw maint 36.27 367.08 123071 03127!2008 006849 ON SCENE OUTFITTERS Crime prevention promo items:TCC 842.06 842.06 123072 03/27!2008 001171 ORIENTAL TRADING COMPANY Teen recreation supplies 50.70 50.70 INC 123073 03127!2008 002256 P & D CONSULTANTS INC Feb plan dheck review srvcs-B&S Dept. 10,725.00 10,725.00 123074 03/27/2008 006939 PAINT CONNECTION, THE Res Impr Prgm:Caulfield, DennislMary 2,750.00 2,750.00 123075 03/27/2008 000359 PARKER, HERMAN Reimb:CPRS Conf:7J27-29:LgBeach 101.51 101.51 123076 03/27!2008 002498 PETRA GEOTECHNICAL INC Dec geotech srvcs:santiago det basin 5,094.66 Dec geotech srvcs:santiago det basin 1,394.89 6,489.55 123077 03127!2008 000249 PETTY CASH Petty Cash Reimbursement 844.45 844.45 123078 03/27!2008 005124 PHENIXTECHNOLOGY Uniform equip:fire explorers 1,027.56 1,027.56 Page:B apChkLst Final Check List Page: 9 03/27/2008 3:25:25PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123079 03/27!2008 011878 PHOUCHANE, SOURINYA Refund: Tiny Tots-Terrific 3's 65.00 65.00 123080 03/27/2008 OD2354 POSITIVE PROMOTIONS Misc supplies for F.I.T. program 162.40 162.40 123081 03127!2008 011549 POWER SPORTS UNLIMITED BMW Police Motorcycle 23,695.73 23,695.73 123082 03127!2008 D00254 PRESS ENTERPRISE COMPANY PW annual newspaper subscripticn 165.36 165.36 INC 123083 03/27!2008 001416 QUICK CRETE PRODUCTS INC monument sign:wclf creek trail park 7,588.84 7,588.84 123D84 03127!2008 000728 RAMSEY BACKFLOW & Backflow testing:old town 22.00 22.00 PLUMBING 123085 03/27!2008 002072 RANCHO CALIF WATER DIST- Add't fees for Old Twn Infrastructure 1,000.00 1,000.00 FEES 123086 03/27!2008 000262 RANCHO CALIF WATER DISTRIC T Various TCSD Water Meters 4,654.71 Mar01-23-01075-1 Crowne Hill Dr 144.38 Various Fire Water Meters 1D6.36 Mar01-04-10033-2 Margarita Rd 50.85 4,956.30 123087 03/27/2008 OD2654 RANCHO FORD LINCOLN diagnostic catch basin truck 191.88 M ERGU RY fire marshal vehicle repair & maint 68.10 259.98 123088 03/27/2008 011853 RANCON COMMERCE CENTER Fire Stn 73 HOA gtrly dues 524.84 524.84 123089 03/27!2008 002110 RENTAL SERVICE LPG Fuel for PVV equip 30.93 CORPORATION LPG Fuel for PW mntc equip 13.75 LPG Fuel for PW equip 10.32 55.00 123090 03127!2008 006483 RICHARDS, TYREOSHA I. TCSD Instructor Earnings 196.00 TCSD Instructor Earnings 126.00 322.00 123091 03/27/2008 OD0406 RIVERSIDE CO SHERIFFS DEPT 1118/07-1?J5107:1aw enforcement 1,187,731.82 1,187,731.82 123092 03/2712008 D05756 RIVERSIDE GO TREASURER Refund: Security Depst:Picnic Shelter 150.00 150.OD 123093 03/27/2008 011101 RIVERSIDE LAND Feb Consulting:Open Space Acquisitions 1,891.74 1,891.74 CONSERVANCY 123094 03/27/2008 OD0873 ROBERTS, RONALD H. Reimb:NLCC Congressiona1:318-12:Wshg 97.86 97.86 Page9 apChkLst Final Check List Page: 10 03/27/2008 3:25:25PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123095 03/27!2008 008515 SAM DE FAZIO'S GOODTIME Sr Swing Entertainment:2/22 & 3/28 800.00 800.00 BAN D 123096 03/27/2008 010803 SEAN MALEK ENGINEERING & Monument plaque:sunset park 3,740.55 3,740.55 CONST 123097 03/2712008 010089 SECURITAS SECURITY SRVCS 02129108-03106108 security svcs:Stn 95 1,357.96 USA 02!22-28/08 security svcs:Stn 95 1,357.96 218-14!08 security svcs:Stn 95 1,357.96 317-13108 security svcs:Stn 95 1,357.96 ?J1-7108 security svcs:Stn 95 1,048.08 112x31108 security svcs:Stn 95 981.40 211 x21/08 security svcs:Stn 95 887.26 ?11-29108 Security srvcs: csd events 105.00 8,453.58 123098 03/27!2008 011743 SEGWAY OF PACIFIC BEACH Equip repair & maint:pd segways 3,310.53 3,310.53 123099 03/27!2008 009213 SHERRY BERRY MUSIC Theater Settlement:Jazz @ the Merc 3120 325.50 Theater Settlement:Jazz @ the Merc 126.00 451.50 123100 03/27/2008 010745 SHERWIN WILLIAMS Painting supplies:harvlake park 36.89 36.89 123101 03/27/2008 011580 SHUAIBI, ISSA CFD 88-12 Reimb:APN 921292045 200.56 200.56 123102 03/27!2008 000645 SMART & FINAL INC Rec Supplies: Children's Museum 136.67 136.67 123103 03/27!2008 000537 SO CALIF EDISON Feb 2-00-397-5059 various mtrs 11,525.47 Mar 2-21-981-4720 Hwy 79S 64.10 11,589.57 123104 03127!2008 001212 SO CALIF GAS COMPANY Mar 015-575-0195-2 Wlf Vlly Rd 463.97 Mar 055-475-6169-5 PBSP 189.73 653.70 123105 03/27/2008 007711 SO CALIF PUBLIC POOL membership: Gwen Willcox 30.00 30.00 OPERATORS 123106 03/27/2008 000519 SOUTH COUNTY PEST CONTROL Bee eradication @ Campos Verdes 86.00 86.00 INC 123107 03/27/2008 DD0293 STADIUM PIZZA INC Refreshments:team pace event 80.00 Refreshments:C.Museum StaffTrng 51.68 131.68 123108 03/27/2008 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Earnings 777.00 TCSD Instructor Earnings 672.00 TCSD Instructor Earnings 268.80 1,717.80 Page:10 apChkLst 03/27/2008 3:25:25PM Final Check List CITY OF TEMECULA Page: 11 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123109 03127!2008 000305 TARGET BANK BUS CARD SRVC S 'OB Spring Egg Hunt Supplies 109.43 Misc supplies:Tiny Tots pgrm 72.D7 'OB Spring Egg Hunt Supplies 71.68 '08 Spring Egg Hunt supplies 20.91 274.09 123110 03127!2008 010679 TEMECULA AUTO vehicle repairlmaint svcs:Fire Prev. 2,302.05 REPAIRlRADIATOR vehicle repair/maint svcs:Fire Prev. 1,495.85 vehicle repair/maint svcs:Fire Prev. 990.48 vehicle repair/maint svcs:Fire Prev. 800.43 5,588.81 123111 03/27/2008 008292 TEMECULA DIESEL AUTO & dump/AG patch truck svclrepair 1,504.41 TRUCK dump/AC patch truck svc/repair 353.07 1,857.48 123112 03/27/2008 009150 TEMECULA GLASS & MIRROR Res Imp Prgm: Brandon, Alan&Lilliam 700.00 700.00 INC 123113 D3/2712008 009948 TEMECULA PERFORMING ARTS Theater Settlement: Alice in Wndrlnd 1,288.69 1,288.69 CO 123114 03/27/2008 011736 TEMECULA TROPHY INC C.Curran Nameplate:TrFfGommissioner 9.16 9.16 123115 03127!2008 000515 TEMECULA VALLEY CHAMBER Regist:State of City:Commissioners 160.00 160.00 OF 123116 03/27/2008 005970 TEMECULA VALLEY PLAYERS Theater settlement: Living Last Supper 3,061.47 3,061.47 123117 03/27!2008 004274 TEMECULA VALLEY SECURITY Locksmith services @ Park Sites 164.00 164.00 CENTR 123118 03/27!2008 011877 THOMPSON, ANGELA Refund: Cancel CRC rental 655.00 655.00 123119 03/27!2008 010276 TIME WARNER CABLE Mar high speed Internet MPSC 44.95 44.95 123120 03/2712008 004145 TIME WARNER TELECOM Mar City phones general usage 1,019.92 1,019.92 123121 03/27/2008 DD0319 TOMARK SPORTS INC GRC flr sckt wlhinge brass cover 244.27 244.27 123122 03/27/2008 002452 TOP LINE INDUSTRIAL Misc. supplies:pw maint div 276.30 276.30 123123 03/27!2008 004981 UNISOURCE SCREENING & Confidential employee recruitment 96.00 96.00 123124 03/27!2008 000325 UNITED WAY Employee contributions for 2008 522.15 522.15 Page:11 apChkLst Final Check List Page: 12 03/2712008 3:25:25PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 123125 03127!2008 004261 VERIZON 123126 03127!2008 004789 VERIZON ONLINE (Continued) Description Mar x~oc-0074 general usage Mar>ooc-0073 general usage Mar>ooc-3564 alarm Mar ~ooc-3143 PD Ovrlnd Office Mar Boa-0714 PD Mall Alarm Mar ~ooc-5275 PD DSL Mar ~ooc-4723 Police Storefront Mar ~ooc-5473 Moraga Rd Mar ~ooc-8573 general usage Mar ~ooc-3984 M.Naggar Mar ~ooc-6084 general usage Internet svcs/EOC backup @ Library 123127 03127!2008 001342 WAXIE SANITARY SUPPLY INC custodial supplies:west winglcity hall 123128 03/27/2008 011879 WELLPROFIT INTERNATIONAL Refund:permit withdrawn by owner 123129 03127!2008 011876 WORHACK, NENITA Refund: Security Depst: CRC Amount Paid 328.88 239.46 68.60 37.63 35.59 34.56 34.56 34.21 33.49 33.49 33.43 439.95 387.68 2,823.00 150.00 Grand total for UNION BANK OF CALIFORNIA: Check Total 913.90 439.95 387.68 2,823.00 150.00 1,521,409.72 Page:12 apChkLst Final Check List Page: 13 03/2712008 3:25:25PM CITY OF TEMECIJLA 160 checks in this report. Grand Tatal All Checks: 1,521,409.72 Page:13 ITEM RI~J. 3 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: April 8, 2008 SUBJECT: City Treasurer's Report as of February 29, 2008 PREPARED BY: Rudy Graciano, Revenue Manager Shannon Buckley, Accountant RECOMMENDATION: Approve and file the City Treasurer's Report as of February29, 2008. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of February 29, 2008. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of February 29, 2008 City of Temecula - `~ City of Temecula, California 43299 Business Park Drive i y ~~ Portfolio Management ua ,, Temec CA, 92599 1'-?iv ~ Portfolio Summary (951 )694-6430 __ _ ~~ February 29, 2008 Par Market Book a/o of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit -Bank 970,451.03 970,451.03 970,451.03 0.46 1,079 823 5.548 5.625 Managed Pool Accounts 87,592,122.54 87,592,122.54 87,592,122.54 41.26 1 1 3.963 4.018 LetterafCredit 3.00 3.00 3.00 a.aa 1 1 a.aoa a.aaa Local Agencylnvestment Funds 84,052,960.15 84,098,009.39 84,052,960.15 39.59 1 1 4.104 x.161 Federal Agency Callable Securities 33,600,000.00 34,072,792.00 33,600,000.00 15.83 1,513 1,325 4.732 4.798 FederalAgencyBulletSecurities 1,000,000.00 1,055,000.00 1,000,000.00 0.47 1,216 816 4.934 5.002 Investment Contracts 5,066,488.76 5,066,488.76 5,066,488.76 2.39 9,336 7,128 x.289 4.349 212,282,025.48 212,854,866.72 212,282,025.48 100.00% 474 388 4.160 4.218 Investments Cash and Accrued Interest PassbooklChecking 1,610,606.95 1,610,606.95 1,610,606.95 1 1 0.220 0.223 (not included in yield calculations) Accrued Interest at Purchase 10,s73.OS 10,a73.Os Subtotal 1,621,480.01 1,621,480.01 Total Cash and Investments 213,892,632.43 214,476,346.73 213,903,505.49 474 388 4.160 4.218 Total Earnings February 29 Month Ending Fiscal Year Ta Date Current Year 781,965.21 7,7D6,811.89 Average Daily Balance 214,858,897.85 205,134,379.25 Effective Rate of Return 4.58°10 5.62% Reporting period 02!01!2008-02!29!2008 POrtf01i0 TEME CP Run Date: 03+2&+2008 -10:03 PM (PRF_PM1) SymRept &.41.202a Report Ver. 5.00 City of Temecula, California Portfolio Management Portfolio Details -Investments February 29, 2aas Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Certificates of Deposit -Bank 94686006-1 03-4 RESERVE USBANK 95453518-2 88-12 GENIM2 USBANK 08/29/2007 96,467.50 96,467.50 96,467.50 5.080 5.080 5.151 2 03/03/2006 06/12!2007 873,983.53 873,983.53 873,983.53 5.600 5.600 5.678 914 09!01!2010 Subtotal and Average 970,451.03 970,451.03 970,451.03 970,451.03 5.548 5.625 823 Managed Pool Accounts 104348008 01-2 1MP 104348006 01-2 RESA 104348016 01-2 RES B 104348000 01-2 SP TAX 94669911 03-1 ACQ Al 94669921 03-1 ACQ B1 94669902 03-1 BONA 94669916 03-1 RES B 94669000 03-1 SP TAX 793593011 03-2 ACQ 793593009 03-2 EMW D 793593007 03-2 1MP 793593010 03-2 PW ADM 793593006 03-2 RES 793593000 03-2 SP TX 744727011 03-3 ACQ 1 744727002 03-3 BOND 744727007 03-3 CITY 1 744727009 03-3 EMW D 1 94669000 03-3 SP TAX 94686001 03-4 ADMIN 94686005 03-4 PREPMT 94686000 03-4 REDEMP 94686006 03-4 RES 78776002 03-6 BOND 786776007 03-6 1MP 786776006 03-6 RES 786776000 03-6 SP TAX 95453510 88-12 BOND 95453518 86-12 GEN I 107886000 RDA 06 A INT 107686010 RDA 06 8 INT 107886008 RDA 06 CIP A Run Date' C3126l2f~08- 1f~:f~3 First American Treasury 254,388.58 254,388.58 254,388.58 1.420 1.401 1.420 1 First American Treasury 468,144.36 468,144.36 466,144.36 1.420 1.401 1.420 1 First American Treasury 215,506.39 215,506.39 215,506.39 1.420 1.401 1.420 1 First American Treasury 462,466.45 462,466.45 462,466.45 1.420 1.401 1.420 1 First American Treasury 4,226.54 4,226.54 4,226.54 1.420 1.401 1.420 1 First American Treasury 14,950.12 14,950.12 14,950.12 1.420 1.401 1.420 1 First American Treasury 0.34 0.34 0.34 1.420 1.401 1.420 1 First American Treasury 246,513.74 246,513.74 246,513.74 1.420 1.401 1.420 1 First American Treasury 579,449.57 579,449.57 579,449.57 1.420 1.401 1.420 1 First American Treasury 91,038.76 91,038.76 91,038.76 1.420 1.401 1.420 1 First American Treasury 4,183.84 4,183.84 4,183.84 1.420 1.401 1.420 1 First American Treasury 3,404.74 3,404.74 3,404.74 1.420 1.401 1.420 1 First American Treasury 2,543.49 2,543.49 2,543.49 1.420 1.401 1.420 1 First American Treasury 363.64 363.60 363.60 1.420 1.401 1.420 1 First American Treasury 271,875.12 271,875.12 271,875.12 1.420 1.401 1.420 1 First American Treasury 8,994.95 8,994.95 8,994.95 1.420 1.401 1.420 1 First American Treasury 0.51 0.51 0.51 1.960 1.933 1.960 1 First American Treasury 633.70 833.70 633.70 1.420 1.401 1.420 1 First American Treasury 1,432.37 1,432.37 1,432.37 1.420 1.401 1.420 1 First American Treasury 1,007,612.32 1,007,612.32 1,007,612.32 1.420 1.401 1.420 1 First American Treasury 17,693.00 17,693.00 17,693.00 1.420 1.401 1.420 1 First American Treasury 4,027.56 4,027.58 4,027.58 1.420 1.401 1.420 1 First American Treasury 60,214.67 60,214.67 60,214.67 1.420 1.401 1.420 1 First American Treasury 11,661.01 11,861.01 11,861.01 1.420 1.401 1.420 1 First American Treasury 0.02 0.02 0.02 4.740 4.675 4.740 1 First American Treasury 17.98 17.98 17.98 1.450 1.430 1.450 1 First American Treasury 344,279.76 344,279.76 344,279.76 1.420 1.401 1.420 1 First American Treasury 126,249.22 128,249.22 126,249.22 1.420 1.401 1.420 1 First American Treasury 278,424.75 278,424.75 278,424.75 1.420 1.401 1.420 1 First American Treasury 07/01/2007 14,206.77 14,206.77 14,206.77 1.420 1.401 1.420 1 Firsk American Treasury 199.72 199.72 199.72 1.420 1.401 1.420 1 First American Treasury 28.46 26.46 28.46 1.400 1.361 1.400 1 First American Treasury 1,714.44 1,714.44 1,714.44 1.420 1.401 1.420 1 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.2(12a Report Ver. 5.(10 City of Temecula, California Portfolio Management Portfolio Details -Investments February 29, 2aas Page 3 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Managed Pool Accounts 10788601 B RDA 06 CIP B First American Treasury 6,751.30 6,751.30 6,751.30 1.420 1.401 1.420 1 107886016 RDA 06 RES B First American Treasury 2,162.35 2,162.35 2,162.35 1.420 1.401 1.420 1 107686030 RDA 07 CAP I First American Treasury 11/01/2007 66.44 66.44 66.44 1.410 1.391 1.410 1 107886029 RDA 07 COI First American Treasury 11/01!2007 69,050.45 69,050.45 69,050.45 1.420 1.401 1.420 1 107686027 RDA 07 ESCRO First American Treasury 11101!2007 449.92 449.92 449.92 1.420 1.401 1.420 1 107886028 RDA 07 PROJE First American Treasury 11/01!2007 1,589.37 1,589.37 1,589.37 1.420 1.401 1.420 1 107886026 RDA 07 RESER First American Treasury 11/01/2007 90.46 90.48 90.46 1.410 1.391 1.410 1 94434160 RDA TABS INT First American Treasury 742.35 742.35 742.35 1.420 1.401 1.420 1 94432360 TCSD COPS IN First American Treasury 728.16 726.16 728.16 1.420 1.401 1.420 1 793593011-1 03-2-1 ACOUI CA Local Agency Investment Fun 07/01!2007 40,757,273.19 40,757,273.19 40,757,273.19 4.161 4.104 4.161 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 07/01/2007 1,490,770.35 1,490,770.35 1,490,770.35 4.161 4.104 4.161 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 07/01!2007 1,146,982.55 1,146,982.55 1,146,982.55 4.161 4.104 4.161 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 07/01/2007 685,582.95 665,582.95 685,562.95 4.161 4.104 4.161 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 07/01!2007 3,719,252.13 3,719,252.13 3,719,252.13 4.161 4.104 4.161 1 107886006-1 RDA 06 CIP-1 CA Local Agency Investment Fun 16,959,676.63 16,959,676.63 16,959,676.63 4.161 4.104 4.161 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 2,925,513.03 2,925,513.03 2,925,513.03 4.161 4.104 4.161 1 107686030-1 RDA 07 CAP-1 CA Local Agency Investment Fun 11/01/2007 601,459.84 601,459.84 601,459.84 4.161 4.104 4.161 1 107886027-1 RDA 07 ESC-1 CA Local Agency Investment Fun 11/01!2007 4,073,378.84 4,073,378.84 4,073,378.84 4.161 4.104 4.161 1 107686026-1 RDA 07 PRO-1 CA Local Agency Investment Fun 11/01/2007 9,832,590.81 9,832,590.61 9,632,590.81 4.161 4.104 4.161 1 107886026-1 RDA 07 RES-1 CA Local Agency Investment Fun 11/01!2007 819,162.53 819,162.53 819,162.53 4.161 4.104 4.161 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190 1 94434166 RDA TABS RES MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190 1 Subtotal and Average 85,953,317.01 87,592,122.54 87,592,122.54 87,592,122.54 3.963 4.018 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01!2007 1.00 1.00 1.00 0.000 0.000 1 793593006-2 02006 Citibank, N.A. 07/01/2007 1.00 1.00 1.00 0.000 0.000 1 793593006-1 02005 Ohio Savings Bank 07/01!2007 1.00 1.00 1.00 0.000 0.000 1 Subtotal and Average 3.00 3.00 3.00 3.00 0.000 0.000 1 Local Agency Investment Funds 94669911-1 03-1 ACOA2 CA Local Agency Investment Fun 1,446,916.93 1,448,916.93 1,446,916.93 4.161 4.104 4.161 1 94669921-1 03-1 ACO B2 CA Local Agency Investment Fun 3,705,206.98 3,705,206.98 3,705,206.98 4.161 4.104 4.161 1 744727011-1 03-3 ACO2 CA Local Agency Investment Fun 8,949,994.87 8,949,994.67 6,949,994.87 4.161 4.104 4.161 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 2,677,361.04 2,677,361.04 2,677,361.04 4.161 4.104 4.161 1 744727009-1 03-3 EMWD 2 CA Local Agency Investment Fun 431,243.56 431,243.58 431,243.58 4.161 4.104 4.161 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 505,024.36 505,024.36 505,024.36 4.161 4.104 4.161 1 SYSCITY CITY CA Local Agency Investment Fun 27,077,624.61 27,096,013.44 27,077,624.61 4.161 4.104 4.161 1 PortfolioTEME GP Run Date: f~3/26(2f~08- 1f~:f~3 PM (PRF_PM2} SymRept 6.41.2(12a City of Temecula, California Portfolio Management Portfolio Details -Investments February 29, 2aas Page 4 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date fatal Agency Investment Funds SYSRDA RDA CA Local Agency Investment Fun 21,918,661.32 21,933,546.61 21,918,661.32 4.161 4.104 4.161 1 SYSTCSD TCSD CA Local Agency Investment Fun 17,338,926.46 17,350,701.58 17,338,926.46 4.161 4.104 4.161 1 Subtotal and Average 87,205,098.08 84,052,960.15 84,098,009.39 84,052,960.15 4.104 4.161 1 Federal Agency Callable Securities 3133X4M1 01075 Federal Farm Credit Bank 09/28!2007 1,000,000.00 1,038,750.00 1,000,000.00 5.000 4.932 5.000 1,672 09!28!2012 31331YSC5 01085 Federal Farm Credit Bank 02/06/2008 2,000,000.00 2,015,000.00 2,006,040.00 3.590 3.541 3.590 1,437 02/06!2012 31331YQX1 01086 Federal Farm Credit Bank 02/11!2008 2,000,000.00 2,008,760.00 2,000,000.60 3.000 2.959 3.000 712 02!11!2010 31331YTS9 01687 Federal Farm Credit Bank 62/14/2608 2,000,000.00 2,660,066.60 2,606,660.06 3.750 3.699 3.750 1,808 02/11/2613 3133XD3R0 01036 Federal Home Loan Bank 09/28!2005 2,000,000.00 2,002,500.00 2,000,000.00 4.500 4.438 4.500 27 03!28!2008 3133XKGD1 01663 Federal Home Loan Bank 04/25/2007 206,606.66 260,626.60 206,060.06 5.250 5.177 5.249 776 04/16/2010 3133XKGD1 01064 Federal Home Loan Bank 04/26!2007 1,000,000.00 1,003,130.00 1,000,000.00 5.250 5.177 5.249 776 04!16!2010 3133XL4P5 01666 Federal Home Loan Bank 06/04/2607 1,006,606.06 1,066,566.60 1,606,660.06 5.360 5.227 5.306 825 06/04/2010 3133XL6S7 01067 Federal Home Loan Bank 06/06!2007 1,000,000.00 1,009,060.00 1,000,000.00 6.000 5.918 6.000 1,558 06!06!2012 3133XLBS1 01668 Federal Home Loan Bank 07/19/2607 1,006,664.46 1,048,756.60 1,606,040.06 5.560 5.423 5.498 846 06/25!2010 3133XLS47 01069 Federal Home Loan Bank 07/30!2007 1,000,000.00 1,044,060.00 1,000,000.00 5.650 5.573 5.650 1,612 07!30!2012 3133XLXW6 01671 Federal Home Loan Bank 68/15/2607 1,006,606.06 1,613,136.60 1,606,660.06 5.560 5.425 5.566 1,628 08/15/2012 3133XK2N4 01072 Federal Home Loan Bank 08/24!2007 2,000,000.00 2,056,880.00 2,000,006.00 5.330 5.256 5.329 1,466 03!06!2012 3133XM5R6 01673 Federal Home Loan Bank 08/28/2007 1,006,644.06 1,638,446.60 1,606,060.06 5.680 5.611 5.080 1,273 68/26/2011 3133XM5E7 01074 Federal Home Loan Bank 08/28!2007 1,000,000.00 1,040,040.00 1,000,000.00 5.220 5.135 5.206 1,641 08!28!2012 3133XMDM0 01677 Federal Home Loan Bank 10/02/2607 1,006,606.06 1,614,696.60 1,606,660.06 5.360 5.227 5.306 1,676 10!02/2612 3133XMLM1 01079 Federal Home Loan Bank 10117!2007 1,000,000.00 1,015,310.00 1,000,000.00 5.000 4.930 4.999 1,325 16!17!2011 3133XMLG4 01686 Federal Home Loan Bank 16/18/2607 1,006,606.06 1,415,316.60 1,606,040.06 5.260 5.128 5.206 1,683 10109!2612 3133XKH24 1062 Federal Home Loan Bank 04/16!2007 1,000,000.00 1,030,630.00 1,000,000.00 5.250 5.178 5.250 1,507 04!16!2012 3126X6ML7 01676 Federal Home Loan Mtg Corp 10/01/2607 1,006,606.06 1,612,466.60 1,606,660.06 5.060 4.932 5.006 944 10/01/2610 3128XGMQ6 01081 Federal Home Loan Mtg Corp 10/18!2007 1,000,000.00 1,011,750.00 1,000,000.00 5.250 5.177 5.249 1,675 10!01!2012 3126X6RP3 01682 Federal Home Loan Mtg Corp 11/28/2607 1,406,606.06 1,411,606.60 1,406,060.06 4.660 4.537 4.600 1,600 11/26/2016 3128X6UL8 01083 Federal Home Loan Mtg Corp 01/63/2008 2,000,000.00 2,012,660.00 2,000,000.00 5.000 4.931 4.999 1,746 12!11!2012 3126X6L61 01684 Federal Home Loan Mtg Corp 02/04/2608 2,006,606.06 2,621,226.60 2,606,660.06 4.060 3.945 4.004 1,801 02/04/2013 31398ADF6 01070 Federal National Mtg Assn 08/09!2007 1,000,000.00 1,008,440.00 1,000,000.00 5.600 5.521 5.598 1,564 06/12/2012 3136F8TE5 01678 Federal National Mtg Assn 10/15/2607 1,006,666.06 1,414,386.60 1,606,040.06 5.062 4.936 5.005 1,231 07/15!2011 31398ABC5 1065 Federal National Mtg Assn 05/11!2007 1,000,000.00 1,018,750.00 1,060,000.00 5.300 5.227 5.300 1,528 05!07!2012 Subtotal and Average 31,462,068.97 33,600,000.00 34,072,792.00 33,600,000.00 4.732 4.798 1,325 Federal Agency Bullet Securities 31331XMQ2 01659 Federal Farm Credit Bank Subtotal and Average Run Date' C3126l2f~08- 1f~:f~3 01/26/2007 1,000,000.00 1,055,066.60 1,000,000.00 5.000 1,000, 000.00 1, 000,000.00 1, 055,000.00 1,000, 000.00 4.934 5.002 816 65/26/2616 4.934 5.002 816 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.2(126 City of Temecula, California Portfolio Management Portfolio Details -Investments February 29, 2aas Page 5 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Investment Contracts 94669906-1 03-1 RES A2 American International Group M 744727006-1 03-3 RESERV IXIS Funding Corp 95453518-1 86-12 GEN IM IXIS Funding Corp 95453516-1 88-12 RES 2 IXIS Funding Corp Subtotal and Average 5,066,488.76 04/28/2004 863,900.00 863,900.00 863,900.00 4.630 4.764 4.830 9,314 08/31/2033 07/28!2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 9,679 08!31!2034 07/24/1998 500,000.00 500,000.00 500,000.00 5.430 5.509 5.585 3,471 09/01!2017 07/24!1998 1,531,468.76 1,531,468.76 1,531,468.76 5.430 5.509 5.585 3,471 09!01!2017 5,066,488.76 5,066,488.76 5,066,488.76 4.289 4.349 7,128 Total and Average 214,858,897.85 Run Date: 03126(2008 - 10:03 212,282,025.48 212,854,866.72 212,282,025.48 4.160 4.218 388 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details -Cash February 29, 2048 Page 6 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Retention Escrow Account SYSBARNHART 1 BARN HART 1 California Bank & Trust 135,624.69 135,624.69 135,624.69 2.650 2.614 2.650 1 PFF BANK & TRUS PFF BANK PFF BANK & TRUST 0.00 0.00 0.00 1.736 1.712 1.736 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2007 2,710.00 2,710.00 2,710.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01!2007 6,337.50 6,337.50 G,337.50 0.000 0.000 1 SYSGen CkAcct Gen CkAcct Union Bank of California 07/01/2007 1,443,408.26 1,443,408.26 1,443,408.26 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01!2007 22,52G.50 22,526.50 22,52G.50 0.000 0.000 1 Average Balance 0.00 Accrued Interest at Purchase 10,873.06 10,873.06 y Subtotal 1,621,480.01 1,621,460.01 Total Cash and Investmentss 214,858,897.85 213,892,632.43 214,476,346.73 213,903,505.49 4.160 4.218 388 Run Date: 03126(2008 - 10:03 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.202a CASH AND INVESTMENTS REPORT CITY OF TEMECULA THROUGH FEBRUARY 2008 Fund Total 001 GENERAL FUND $ 51,774,241.51 100 STATE GAS TAX FUND 296,608.72 101 STATE TRANSPORTATION FUND 6,821.96 120 DEVELOPMENT IMPACT FUND 3,919,717.71 150 AB 2766 FUND 469,452.00 165 RDA DEV LOWiMOD 20% SET ASIDE 6,890,661.49 170 MEASURE A FUND 7,117,862.71 190 TEMECULA COMMUNITY SERVICES DIST 533,019.05 192 TCSD SERVICE LEVEL "B" STREET LIGHT 433.68 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SL 508,107.59 194 TCSD SERVICE LEVEL "D" REFUSE/RECYi 59,033.45 195 TCSD SERVICE LEVEL "R" STREET/ROAD 36,109.73 196 TCSD SERVICE LEVEL "L" LAKE PARK M~ 263,273.44 197 TEMECULA LIBRARY FUND 1,593,706.27 210 CAPITAL IMPROVEMENT PROJECT FUND 20,753,549.25 272 CFD Ol-2 HARVESTON A&B IMPROVEMEr 254,388.58 273 CFD 03-1 CROWNE HILL IMPROVEMENT F 5,173,300.57 275 CFD 03-3 WOLF CREEK IMPROVEMENT Fi 12,069,860.51 276 CFD 03-6 HARVESTON 2 IMPROVEMENT F 505,042.34 277 CFD-RORIPAUGH 43,493,653.43 280 REDEVELOPMENT AGENCY - CIP PROJEC 32,168,511.22 300 INSURANCE FUND 1,443,669.30 310 VEHICLES FUND 571,037.36 320 INFORMATION SYSTEMS 548,256.84 330 SUPPORT SERVICES 284,004.06 340 FACILITIES 85,648.14 380 RDA 2002 TABS DEBT SERVICE 7,105,156.58 390 TCSD 2001 COP'S DEBT SERVICE 7,885.64 460 CFD 88-12 DEBT SERVICE FUND 4,023,929.88 472 CFD Ol-2 HARVESTON A&B DEBT SERVIC 1,292,308.66 473 CFD 03-1 CROWNE HILL DEBT SERVICE F' 1,808,818,92 474 AD 03-4 JOHN WARNER ROAD DEBT SERA 203,930.78 475 CFD 03-3 WOLF CREEK DEBT SERVICE FL: 3,565,833.28 476 CFD 03-6 HARVESTON 2 DEBT SERVICE F' 513,811.12 477 CFD- RORIPAUGH 5,134,700.96 Grand Total: $ 214,476,346.73 ITEM RI~J. 4 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: April 8, 2008 SUBJECT: Purchase of two City vehicles PREPARED BY: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council approve the purchase of the following vehicles from Rancho Ford: One (1) 2008, 2WD, 1-Ton Utility Truck $28,367.34 One (1) 2008, 4WD, %2-Ton SUV Expedition EL $31,856.29 BACKGROUND: The adoption of the fiscal year 2007-08 Mid-Year Operating Budget included the funding for the purchase of two vehicles. These vehicles will be added to the City's fleet and utilized by the Temecula Community Services District and Fire Chief. On February 27, 2008, the Request for Proposals ("RFPs") were mailed to all the local dealerships for the purchase of two vehicles. Each dealership fleet manager was called and informed of the RFP. Proposals were received from two Temecula dealerships and based on historical vehicle purchasing data, the bids received are in line with previous year's purchase of the same type of vehicle. The purchase of these vehicles will satisfy the vehicle requirements forthe identified departments and as provided for in the 2007-08 Mid-Year Operating Budget. The TCSD vehicle is a replacement utility vehicle for the current City's fleet, and the Fire Chief's SUV vehicle is an addition to the current fleet. The following is the bid information by vehicle: Temecula Community Services District: One (1) 2008, 2WD, 1-Ton Utility Truck: Rancho Ford 2WD, 1-Ton, F-350 Utility Truck $28,367.34 Paradise Chevrolet 2WD, 1-Ton, Silverado Utility Truck $30,482.61 Fire Department: One (1) 2008, 4WD, %2-Ton SUV: Rancho Ford 4WD, %2-Ton SUV Expedition EL $31,856.29 Paradise Chevrolet 4WD, %2-Ton SUV Suburban 1500 $36,052.20 FISCAL IMPACT: Adequate funds are available in the Vehicle Internal Service Fund for these purchases. Adequate funds are also budgeted in the respective departments for depreciation expense related to these vehicles. ATTACHMENTS: Vehicle Vendor List CITY t}F TEMECULA VEHICLE VENDQR LIST ~o2i27ios~ 1. CARRIAGE MOTOR CO. ATTN: MATT BURKE P O BOX 892830 TEMECULA, CA 92589-2830 PHONE: 951-694-6060 2. DCH DODGE ATTN: AARON KING OR JOHN CAMPBELL 26845 YN EZ ROAD TEMECULA, CA 92591 PHONE: 951-699-3331 3. JOHN HINE TEMECULA MAZDA ATTN: RUSSELL CSONKA 42050 DEALER DRIVE TEMECULA, CA 92591 PHONE: 951-553-2000 4. PARADISE CHEVROLET ATTN: BECKY YOUNG P O BOX 9036 TEMECULA, CA 92589-9036 PHONE: 951-699-2699 5. QUALITY NISSAN OF TEMECULA ATTN: JIM PHELPS 41895 MOTOR CAR PKWY. TEMECULA, CA 92591 PHONE: 951-676-6601 6. RANCHO FORD ATTN: GORDON SCHOCK 26895 YN EZ ROAD TEMECULA, CA 92591 PHONE: 951-699-9346 7. SATURN OF TEMECULA ATTN: JOHN JOHNSON 27430 YN EZ ROAD TEMECULA, CA 92591 PHONE: 951-506-3000 8. TOYOTA OF TEMECULA ATTN:DAVY NAKAGAWA OR TIM GLEASON 26631 YN EZ ROAD TEMECULA, CA 92591 PHONE: 951-256-3108 ITEM RI~J. 5 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: April 8, 2008 SUBJECT: Approve 2008 Economic Development Event Sponsorship Agreements PREPARED BY: Gloria Wolnick, Marketing Coordinator RECOMMENDATION: That the City Council Approve the Event Sponsorship Agreement in the amount of $35,000 for the Temecula Valley Balloon & Wine Festival. In addition, the Festival requests that the City will provide temporary logistical support of traffic control signs and devices to assist with public safety during the Festival estimated at $3,076; 2. Approve the Event Sponsorship Agreement in the amount of $15,000 cash, and city- support costs in the amount up to $9,626 for the Temecula Valley International Jazz Festival; 3. Approve the Event Sponsorship Agreement in the amount of $60,000 for the Temecula Valley International Film and Music Festival. BACKGROUND: Staff has received sponsorship requests for the Temecula Valley Balloon & Wine Festival, Temecula Valley International Film and Music Festival, and the Temecula Valley I nternational Jazz Festival. The City of Temecula has previously sponsored these signature events. The City of Temecula hosts a wide array of special events year-round all adding to its rich quality of life. Residents and visitors look forward to attending these popular events each year and the events help make Temecula the unique community that it is. The events increase tourism revenue for the City's restaurants, hotels, shopping centers and wineries. Due to the fact that these special events promote tourism in Temecula, the funding would come from the Economic Development Department budget within the City's General Fund. In addition, City support services would come from the General Fund's budget. There will be no commissions, consultant fees and/or salaries paid to any party from the City of Temecula's sponsorship. TEMECULA VALLEY BALLOON & WINE FESTIVAL Staff has received a request from The Temecula Valley Balloon & Wine Festival Association to provide $35,000 for the 2008 Temecula Valley Balloon & Wine Festival. In addition, the Festival is requesting the City to provide temporary logistical support of traffic control signs and devices to assist with public safety during the event. The Festival will be celebrating its 25th year anniversary at Lake Skinner and will be held June 6 - 8, 2008. 2447 Festival Recap The 2007 Festival drew approximately 38,000 spectators for the three-day event. Headliner entertainment at the 2007 Festival included Five for Fighting, 10,000 Maniacs, Collective Soul, Survivor, Cherry Poppin Daddies, Craig Chaquico and Lao Tizer. There were 20 wineries that participated at the Festival. In addition to the live concerts, the Festival featured an Arts & Crafts Faire, Kids' Faire, dawn balloon ascensions and evening balloon glows. On Sundaythe Festival offered a special food and wine demonstration where five top chefs utilized locally farmed foods to prepare cuisine that was paired with Temecula wines. Also on Sunday, Xtremely Amped, a motocross stunt show featuring members of Metal Mulisha and other Moto X riders, appealed to the younger audience. The 2007 media outreach included newsletters, press kits (Beta electronic and hard copy), custom book marks, calendar notices, flyers, posters, print, radio, television, Internet, and cable. Advertising was purchased in The Los Angeles Times, Press-Enterprise, North County Times, The Californian, Home Gallery Magazine, on Time WarnerCable/Cross Channels in Southern California, on San Diego television, and on Los Angeles, Inland Empire, Orange and San Diego County radio stations. The Temecula Valley Balloon & Wine Festival received more media coverage and increased its print impressions three-fold while adding web links and web articles. They had over 92 million print impressions of the Festival in regional, national and local publications. Television coverage was on major networks KABC and KFMB in Los Angeles, as well as San Diego stations KGTV and KUSI. The 2007 Festival was covered on more web news sites, a-zines and national newspaper sites than previous years. The Festival website was linked with all media partners. Web Presence: The 2007 Festival was covered on mare web news sites, a-zines and national newspaper sites than previous years. The Festival website was linked with all broadcast media partners plus links with major television networks covering the event and included on photo album sites, MYSPACE.COM and YOUTUBE.COM. 2408 Temecula Valley Balloon & Wine Festival The 2008 Temecula Valley Balloon & W ine Festival event will maintain the same format as the 2007 Festival but has updated publicity and marketing methods to incorporate web communities and trends. On June 6th the Festival will kick-off with headline entertainment and a balloon glow. Saturday and Sunday offers a "Festival within a Festival," with top-name concerts, wine tasting in the Wine Gardens, Kids Faire, Arts & Crafts and Commercial exhibits and the food court. Headline entertainment will include Blake Shelton and John Waite for Friday, Kenny Loggins on Saturday, and Ambrosia on Sunday. On Sunday, the Festival's Main Stage will feature "a high-flying Super Mato "X" Rider stunt show. Alive band will perform as the riders perform their daring stunts. The 2008 marketing/advertising campaign will include advertising in newspapers. Commercials and promotions will be lined up with radio stations from Riverside, Orange County, Los Angeles to San Diego Counties: local cable television advertisements and collateral materials. An aggressive publicity campaign will target major television network news, network morning and feature news shows, West Coast magazines and major Southern California newspapers. In-store and other cooperative programs include outlet posters with Anheuser Busch, Vons Iron Man and ticket sales, Longs Drug Store ticket sales and radio packages with sponsorships and 15 second tags on selected stations. TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL Staff has received a request from the Musicians Workshop to sponsor the 2008 Temecula Valley International Jazz Festival in the amount of $15,000 cash plus city support costs. Staff estimates that City support costs for police, fire, community services and other staff support will be approximately $9,626. The event organizer will payfor all rental costs forthe Temecula Community Theater. The Temecula Valley International Jazz Festival organizers are The Musicians Workshop, a California Non-Profit 501 {c)(3) public benefit corporation. Attendance of over 12,000 people is expected. 2007 Temecula Valley International Jazz Festival Recap The 2007 International Jazz Festival was held July 12 - 15, 2007 in Old Town Temecula. Attendance for the event was estimated at 9,500 guests. The 2007 Jazz Festival began with a "Pre- Festival" Patrons Dinner and Concert at the Pechanga Theater Showroom with Big Bad Voodoo Daddy. Thirty-eight concerts {33 free concerts and 5 ticketed concerts held in the Community Theater) over four days at 7 locations in Old Town. Some of the international performers included: Legendary Louie Bellson, Monty Alexander, Legendary Jimmy Mulidore and the Saxophone Titans Tom Scott and Richie Cole, Llew Matthews, Dick Berk as well as other performers from around the world. The Musicians Workshop generated over $100,000 of sponsored media coverage including print, broadcast (television and radio) and Internet. Riverside County and the Temecula Valley Convention & Visitors Bureau were major sponsors and assisted in targeting key markets outside of the Temecula city limits. The Festival was supported with over 15 hours of combined airtime on six different radio stations that span the Los Angeles, Orange County, Inland Empire and San Diego markets among others. Participating radio stations included KSDS Jazz 88.3 FM and KPBS 88.5 FM. Television stations supporting the Jazz Festival included: CBS, KCAL, the CW and KZSW TV Channel 27. Over 13 print publications promoting the Festival included local trade and lifestyle magazines as well as nationally awarded jazz publications including Dawn Beat and All About Jazz Magazine. 2008 Temecula Valley International Jazz Festival The 5t" annual Temecula Valley International Jazz Festival will be held July 10 - 13, 2008. This event will be similar to the 2007 Festival. The Festival will feature celebrities, jazz music legends and icons Gerald Wilson and Herb Jefferies, who will perform as well as receiving Congressional Certificate of Lifetime Achievement awards. Additional performers will include: Richie Cole, Randy Brecker, Tom Scott, James Torme', Jimmy Mulidore, Theo Saunders, Dick Berk and various International and local groups to be announced including local youth groups. The Main Street Art Faire will be held on Saturday and will offer Craft booths that will not conflict with any other local Old Town vendor/store. There will be no food vendors. Music education and performance workshops and clinics will be offered throughout the week before the event at the Musicians Workshop building, as well as a week-long Summer Jazz Camp for Youths. This year the attendance is estimated at over 12,000 people. The Musicians Workshop and the Temecula Redevelopment Agency will coordinate some of the entertainment and promotion for the Jazz Festival and Old Town Hot Summer Nights programs. Saturday events will require the closure of Main Street and 3rd Street. Proceeds of the 2008 Jazz Festival are used to help provide Temecula youth with after school Performing Arts & Music programs and Performance events that would otherwise not be available, including Special Needs and Children at Risk program scholarships for Temecula residence. The Musician's Workshop will partner with the Temecula Valley Convention & Visitors Bureau to market the Festival, as well as the Temecula Valley Winegrowers Association, to establish a wine tasting, and Temecula Art League and Dorland Art Colony for the Main Street Art Faire. Other partnerships include All About Jazz, Travel Host magazine, KSZW 27TV and many more including DownBeat Magazine's regional, national, and international readership. The organizers expect past media to continue their sponsorship relationships while continuing to cultivate new ones. TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL Staff has received a request to sponsor the Temecula Valley International Film & Music Festival {TVIFF} in the amount of $60,000. This year the event will be held September 17 - 21, 2008, at the Movie Experience 10-plex at Tower Plaza in Temecula. The Festival's Awards Gala Night is planned to return to Pechanga Resort & Casino. The MusicFest component will be held at the courtyard at Tower Plaza. The Festival will be presented once again by Cinema Entertainment Alliance. Selected films will be limited to 100 with the primaryfocus on quality produced and directed comedy-genre films, films by women, and films by area filmmakers. Categories include full length features, shorts, animation, foreign and student films. The 2008 Festival Schedule of Events will be similarto previous festivals which will include: Opening Night Festivities, General Screenings, MusicFest, Black Tie Awards Gala, Classes, Workshops and Panels and Closing Day Festivities. The 2008 marketing strategy will seek tour groups and group sales. In 2007 the Film Festival formed a Ways & Means Committee to go after the Military and Senior Citizen market. The committee will call on Activity Directors of senior citizen communities in San Diego and Orange County. Last year, TVIFF launched the first and successful Summer Youth Film Camp which taught Temecula teens the Beginner's basic elements of writing, producing and directing films. Eleven of the Camp participants' short films were showcased at the 2007 TVIFF Young Filmmakers Showcase. For 2008, TVIFF will hold its second Summer Youth Film Camp on July 7 -18 and will offer intermediate and beginner level classes. The Young Filmmaker's Showcase component of the Festival will be programmed in collaboration with the City of Temecula's Youth Media Arts Festival. Screenings of the films will be at the Old Town Community Theater. IT'S ALL ABOUT STYLE, an upscale high fashion event fundraiser will be held at Wilson Creek Winery on May 24th. If successful, this could be a powerful luxury lifestyle marketing platform for TVIFF. With continued interest by mainstream high fashion entities, TVIFF has tentative plans to hold an IT's ALL ABOUT STYLE RUNWAY SHOW during the 2008 Festival week. A working partnership will continue with the Temecula Valley Convention & Visitors Bureau, MySpace.com, Music Connection and B-Side Communities. Current film and music alliances with the Rome Independent Film Festival, Toronto International Film Festival/Film Circuit Group, Television and Radio School, USC School of Cinema-Television, the American Film Institute, Music Connection, Songrunner Entertainment, KBH Entertainment, Chapman University and California Conservatory of the Arts are expected to continue on for the 2008 TVIFF. MusicFest in 2008 plans to expand music program categories to include classical, chamber and choir music. Initially, TVIFF will focus on areallocal participants. Potential honorees the Festival is working on far 2008 are: Jim Carrey, Actor, Career Achievement Ray Liotta, John Cusack and/or Vince Vaughn, Career Achievement Virginia Madsen, Diane Keaton and/ar Angelica Huston, Actress, Career Achievement Norman Jewison, Director, Lifetime Achievement Neil Diamond, Cher and/or Dolly Parton, Music Artists, Lifetime Achievement Peter Bart, Hollywood Reporter Editor and Peter Guber, Producer, Career Achievement Kodak or Panavision, Distinguished Institution Award Local Temecula Resident who has made significant contributions to TVIFF: The Festival will be honoring Terry Gilmore for his significant contributions to TVIFF and the arts/culture in the Temecula Valley. The Mayor's VisionaryAward is planned to be presented to two film industry icons, Peter Bart, the long time editor-in-chief of the Daily Variety and Peter Guber, producer of such films as Rainman, Batman, The Deep, Flashdance, Midnight Express and Batman Returns. Sampling of 2007 Festival Publicity and Highlights The 13~" annual Temecula Valley International Film & Music Festival opened with a vintage car parade and a Hollywood style red carpet welcome at the Tower Plaza's Movie Experience and wrapped up the week with a spectacular Black Tie Awards Gala at the Pechanga Resort & Casino Grand Ballroon. The Festival attendance was estimated at over 15,000. The 2007 Award Honorees included: Music Artist Smokey Robinson, Robert Rosen, Michael Madsen, ChristopherYoung, Kay Panabaker, and Eve Craig. The 2007 Festival selected and screened 177 films. The Music Competition selected 15 bands. Over 300 filmmakers, music artists, press, and industry professionals participated. Some of the cities and countries represented include: Germany, Mexico, Malaysia, France, Canada, Uruguay, Spain, England, Australia, Ireland, New York, San Francisco, Seattle, San Diego, Las Vegas and Orange County. The Young Filmmakers Showcase far the first time featured eleven (11) one minute shortfilms from the first TVI FF Summer Youth Film Camp composed primarily of Temecula teens. Also showcased were 4 short films from students of the California Conservatory of the Arts. Special film presentations included the premiere screenings of National Lampoon's Bag Bay; Sony Picture's remake of The Prince & The Pauper; the criticallyacclaimed French film, President and the world premiere of a Temecula based production romantic drama, April Moon. The screening of a Hatable documentary, The Journey To Palomar, was sponsored by CALTECH's Palomar Observatory. The Festival received widespread media coverage from local, regional and national print publications, local broadcast outlets, selected television affiliates and the Internet. A sampling of the Festival's publicity included: Daily Variety, Hollywood Reporter, Associated Press, MYSPACE.com, Music Connection Magazine, ABC/KG0-TV, Fox News, NBC and CBS affiliates, KATY Radio and KZSW. The Press-Enterprise, The Californian, North County Times, and Valley News ran numerous pre-festival articles, covered the festival in its entirety and produced post-festival stories. Other publications covering the festival included: San Diego Union Tribune, Neighbors Magazine, Temecula Valley Business Journal, Hollywood News Calendar, and the Los Angeles Times Calendar. Inland Empire Weekly was the 2007 Official Festival Supplement Program Sponsor, printing over 18,000 Festival Program Supplements which was distributed throughout Temecula and neighboring communities. MusicFest: This year's Music Critique Panelists included music industry professionals led by Art Ford, President of June St. Entertainment; Bernard Baur, Review Editor, A & R Reporter and Feature Writer of Music Connection Magazine; Music Supervisor, G. Mark Roswell; Creative Director Adam Wold; and Music Publishing Executive, Rhonda Bedikian. Film and TV Music Supervisor Masan Cooper of Songrunner Entertainment organized and moderated a very successful Speed Networking: one-on-one Meetings between music supervisors, composers, publishers and music licensing specialists with Filmmakers. The MusicFest introduced a headliner act targeted to area teens' demand for their kind of music. The headliner, A Static Lullaby, increased and brought in a younger crowd to the MusicFest. FISCAL IMPACT: The city-support costs for each event are included in the FY 2007-08 Operating Budget of the various support departments for the recommended sponsorship amounts. Adequate funds for the Temecula Valley International Jazz Festival have been included in the FY 2007-08 Operating Budget{Economic Development line item, account#001-111-999-5266)forthe recommended sponsorship amount of $15,000 cash. City support costs up to $9,626 for city support costs have been included in the FY 2007-08 Operating Budget of the various support departments. Adequate funds for the Temecula Valley Balloon & Wine Festival have been included in the FY 2007-08 Operating Budget{Economic Development line item, account#001-111-999-5266)forthe recommended sponsorship amount of $35,000. In addition, the logistical support costs are estimated at $3,076 and funds are available in the Public Works Budget. Adequate funds for the Temecula Valley International Film & Music Festival have been included in the FY 2007-08 Operating Budget {Economic Development line item, account#001-111-999-5266} far the recommended sponsorship amount of $60,000. The Economic Development Subcommittee of the City Council {Council Members Roberts and Washington) has recommended approval of these amounts. ATTACHMENTS: I. Temecula Valley Balloon & Wine Festival Attachment A - 2008 Sponsorship Benefits Attachment B - 2008 Event & Media Promotions Attachment C - 2008 Budget Attachment D - 2007 Temecula Valley Balloon & Wine Festival Recap & Financials Attachment E - 2008 Sponsorship Agreement II. Temecula Valley International Jazz Festival Attachment A - 2008 Sponsorship Benefits Attachment B - 2008 Estimated City Support Services and Costs Attachment C- 2008 Event & Media Promotions Attachment D -2008 Budget Attachment E - 2007 Temecula Valley International Jazz Festival Recap & Financials Attachment F - 2008 Sponsorship Agreement III. Temecula Valley International Film & Music Festival Attachment A - 2008 Sponsorship Benefits Attachment B - 2008 Event & Media Promotions Attachment C - 2008 Budget Attachment D - 2007 Temecula Valley I nt'I Film & Music Festival Recap & Financials Attachment E - 2008 Sponsorship Agreement I. TEMECULA VALLEY BALLOON & WINE FESTIVAL ATTACHMENT A - 2008 SPONSORSHIP BENEFITS 20081~'remierSponsor $3S, 000 ,dune 6, 7, 8, 2008 (Only one Premier Sponsorship available) 1. Identification as Premier Sponsor in all Festival materials 2. Exclusivity in Premier Sponsor's field 3. Full page, color ad in Festival program 4. Inclusion of logo in all Festival print advertising 5. Announcements in all Festival paid radio and newspaper advertising 6. Sponsor representative interviewed on projected radio remote broadcast 7. Right to use Festival logo on Premier Sponsor's materials (with Festival advance approval) 8. Representative introduced from stage and invited to speak several times during Festival 9. Four signs or banners on-site at event (Sponsor to provide) 10. Separate display tent in high-traffic area 11. Access to VIP Hospitality Tent for twenty guests 12. Linking of Premier sponsor's web. site to Festival site 13. Recognized in Festival newsletter 14. Recognized in at least ten. Festival news releases to general media 15. Sponsor's name in Festival brochure 16. Sixty adult Festival tickets 17. Thirty parking passes 18. Invitation to Sponsor Appreciation Dinner for twelve people 19. Thirty sets of Official Festival souvenir merchandise I. TEMECULA VALLEY BALLOON & WINE FESTIVAL ATTACHMENT B - 2008 EVENT & MEDIA PROMOTIONS QUESTIONS (FY 2007-2008) Application Page 3a Please respond to the following questions: Event 1. Provide information on your proposed event, goals, promotional program, budget, expected attendance, funding recipients, and location of event. If event venues area held at multiple locations, please list. Proposed Event: The Temecula Valley Balloon & Wine Festival has sunrise hot air balloon launches, evening balloon glows, two entertainment stages and a Kids Faire. The Festival also has food, arts and crafts and commercial product vendors, including local regional vendors. Over 20 Temecula wineries participate offering wine tasting. Goals: The mission of the Temecula Valley Balloon and Wine Festival Association is to enhance the charitable, cultural, educational and economic development of the region. That mission is supported throughout the year by the Festival Boazd Members and staff and most prominently at the annual Festival. It is important for the Festival's future to continually evolve by offering a high quality and more diverse entertainment program while increasing the attendance .and national recognition of the event. To do this, we must continue to provide a higher caliber of headline entertainment, improve our staging and sound technology. For 2008 these increased expenses will be budgeted, while focusing on increasing our sponsorship dollars by adding. a paid sponsorship salesperson. Promotional Prog am: Marketing for the 2008 Temecula Valley Balloon and Wine Festival will include advertising in newspapers (media kits that include CDs of press releases and photos, hard copies of press releases and contact sheets of photos.) Additionally, marketing will include commercials and promotions with radio stations from Riverside County, Orange County and Los Angeles to San Diego Counties; local cable television advertisements; collateral materials (flyers and posters); and an aggressive publicity campaign targeted for Riverside County, Orange County and Los Angeles to San Diego Counties; major television network news, network morning and feature news shows, West Coast magazines and Southern California ~l~ QUESTIONS (FY 2007-2008) Application Page 3b newspapers. In addition, the Festival maintains a website that carries event information and entertainment schedules which is linked to radio and television stations covering the Festival. Bud¢et: See attached. Expected Attendance: 36,000 ~1Q000 Fundine Recipients: In 2007 recipients included Chaparral High School Baseball Team, Great Oak High School Baseball Team and the Riverside County Volunteer Fire Department. Previous donations have also been made to the Temecula Valley and Murrieta High School Baseball teams, 4-H Club, Boy Scouts, Rotary Club, Temecula Valley Art League, Temecula Valley Wine Society, and the Riverside County Sheriffs Activity League Cops and Kids Program. Depending on the Festival revenues other organizations in the Temecula community are also considered as recipients of various awards. Souvenir baskets are donated to many Temecula Valley organizations for their fundraisers and various organizations utilize our equipment throughout the year. Location of Event: Lake Skinner 2. How will the event profits be utilized? Profits are retained to cover annual operating expenses for the eleven months between Festivals and start-up cash. The balance is then donated to community organizations. 3. Explain how your organization has worked well with the community to mitigate event impacts The Festival Board and Festival work year round with Riverside County Parks, ~ Riverside County Sheriff's Office and the City of Temecula. In addition, the ' Festival Public Safety Division meets once a month starting in March and coordinates with Riverside County Parks Department, Riverside County Sheriffs, i California Highway Patrol, County Transportation and the City of Temecula. TEMECULA VALLEY BALLOON & WINE FESTIVAL ATTACHMENT C - 2008 BUDGET 2:35 PM Temecula Valley Balloon & Wine Festival 03/27/06 Profit & Loss Budget Overview Accmal Basis July 2007 through June 2008 Jul'07 -Jun OB Ordinary IncemelF~cpense Income 4100 • Sponsor income 4110.Outside Sponsorship 160,000.00 Total 4100 • Sponsor income 160,000.00 4200 • Admissions Income 4220 • Office Ticket Sales 0.00 4230 • RV ticket Sales 38,600.00 4235 • Friday admissions 40,000.00 4240 • Saturday ticket sales 193,000.00 4250 • Sunday ticket sales 40,000.00 4260 • Vons Ticket Sales 55,000.00 4270 • Longs Ticket Sales 21,500.00 4275 • Click n Print 39,550.00 4276 • Gold Medal 20,000.00 4277 • Silver Medal 25,000.00 4278 • Viva, Vino Cucina 10,000.00 Total 4200 • Admissions income 482,650.00 4300 • Balloon Income 4320 • Corporate balloons 5,400.00 Total 4300 • Balloon income 5,400.00 4400 • Beverage income 4415 • BeerlWine 250,000.00 4430 ~ Ice 3,258.00 Total 4400 • Beverage inwme 253,258.00 4500 • Commercial court inwme 4510 • Entry fees 68,500.00 Tota14500 • Commercial court income 68,500.00 4600 • Food court income 4610 • Entry fees 51,580.00 Tota14600 • Food court income 51,580.00 4650 • Parking income 45,000.00 4655 • Kids Fare 4658 • Entry Fees 2,800.00 4660 • Percentage % 3,500.00 Total 4655 • Kids Fare - 6,300.00 4700 • Souvenir income 40,000.00 4710 • Entertainment income 500.00 4610 • RV Commission 1,970.00 4900 • Arts and crafts income 4910 • Entry fees 20,000.00 Total 4900 • Arts andaaffs income 20,000.00 Total Income 1,135,158.00 Expense 5000.Operating expense 5010 • Bank charges and fees 250.00 5072 • Credit Card Charges/Fees 4,433.00 5015 • Copy machine 5,000.00 5025 • Dues 3,000.00 5030 • Equipment repairs 800.00 5035 • Insurance-Ifabllity 40,800.00 .5045 • Lease /rent 21,600.00 5048 • Utilltes 4,000.00 5055 ~ Mileage 400.00 5060 • Postage 5,300.00 5065 • Printing 1,800.00 5070 • Seminars & travel 4,000.00 5072 • Travel Expenses 3,000.00 Page 1 2:35 PM Temecula Valley Balloon & Wine Festival o3/2noe Profit & Loss Budget Overview Accrual Basis July 2007 through June 2008 5000 • Supplies 5082 • Taxes 5085 • Telephone /office expense Total 5000 •Operating expense 5100 •Payroll expense 5110 • Wages 5115 • Bonus & Commisions 5120 • Payroll tax expense 5125 • Employee benefit 5130 • Workman's compensation 5135 • Temporary Staffing Total 5100 •Payroll expense 5200 • Board expense 5210 • Supplies 5220 • Meetings 5230 • Shirts 5240 • Boartl Gift 5250 • Chairman Shirts Total 5200 • Board expense 5300 • Donation expense 5315 • G.O.H.S. Baseball 5320 • Volunteer Fire Dept. 5330 • High SchoollTrash Detail Total 5300 • Donation expense 5400 • Command expense 5410 • Food & beverages 5430 • Radios 5440 • Supplies 5450 • Telephone Total 5400 • Command expense 5500 • Facilities 5515 • Fencing 5520 • Fuel 5525 • Eledriwl 5530 • Golf carts 5535 • Light towers 5550 • RV's & modulars 5555 • Signage 5550 • Equipment rental 5565 • Storage bins 5570 • Supplies 5575 • Tents 5560 • Toilets 5565 • Trash/Clean•Up Total 5500 • Facili5es 5700 • Marketing expense 5715 • FlyerslRack Cards 5722 • Media Kits 5730 • Marketing supplies 5732 • Postage 5735 • Print marketing 5740 • Program 5745• Radio 5750 • Marketing Firm 5757 • WebSfte 5760 • Video Production 5762 • Television 5765 • Assorted Services 5770 • Newsletters Total 5700 • Marketing expense Jul'07 • Jun OB 5,000.00 zz,aoo.oo 6,000.00 127,383.00 65,000.00 4,000.00 20,000.00 4,500.00 1,200.00 33,000:00 127,700.00 250.00 2,700.00 2so.oo 1,000.00 1,400.00 5,600.00 8,000.00 3,000.00 3,500.00 14,500.00 1,200.00 3,500.00 300.00 z,ooo.oo 7,000.00 13,000.00 6,000.00 30,000.00 18,100.00 1z,soo.oo 7,500.00 5,000.00 5,000.00 500.00 1,000.00 25,000.00 12,000.00 6.400.00 142,000.00 3,000.00 1,200.00 500.00 1,300.00 18,000.00 21,000.00 66,000.00 37,000.00 3,600.00 500.00 5,000.00 2,500.00 4,000.00 163,600.00 Page 2 2:35 PM Temecula Valley Balloon & Wine Festival 03/27/06 Profit & Loss Budget Overview Accrual Basis July 2007 through June 2008 Jul'07 -Jun OB 5800•Professional fees 5810 • Accounting 2,000.00 5620 • Auditing 7,000.00 5850 • Attorney 500.00 5860 • Sponsorship Commissions 0.00 Total 5800 • Professional fees 9,500.00 5900 • Public safety 5910 • Highway patrol 2,800.00 5920 • Security 32,000:00 5940 • Sheriffs 33,000.00 Total 5900 • Public safety 67,800.00 6000•Sponsor expense 6040 •Sponsor Awards 8,400.00 6045 •Sponsor NighflThank YOU 3,000.00 _ Total 6000 •Sponsor expense 11,400.00 6100 • Volunteer 6170 • Food 2,000.00 6120 • Tshirts 3,000.00 6130 • Printing 2,500.00 fi135 • Meeting Room (s) 25.00 Tota16100 • Volunteer 7,525.00 6200 • Admissions expense 6210 • Park District -parking 8,900.00 6215 • Park District -tickets 14,000.00 6270 • Ticket printing 2,400.00 Total 6200 • Admissions expense 25,300.00 6300 • Balloon expense 6310 ~ Accomodations 7,200.00 6320 • Show•up incentives 3,325.00 6340 • Fuel 6,900.00 6390 • Tethered balloons 3.000.00 Total 6300 ~ Balloon expense 20,425.00 6400 • Beverage expense 6410 • ABC license 100.00 6415 • Beer 20,000.00 6420 • Beverage supplies 50.00 6435 • Ice 4,000.00 Total 6400 • Beverage expense 24,150.00 6600 • Entertainment expense 6610 • Entertainment Backline 7,000.00 6620 • ProducerlBOOking Agent 6630 • Producer/Booking Agent 9,000.00 .Total 6620 • Producer/Booking Agent 9,000.00 6700 • Main backstagesupplies 6710 •Accommodations 14,000.00 6730 • Food 7,000.00 6770 • Sound & Lights 20,000.00 6780 • Stages 15,000.00 6785 • Back Stage Hands 5,000.00 Total 6700 • Main backstage supplies 61,000.00 6900 • Entertainer acts 6910 • Kids Faire 3,850.00 6920 • Main stage 182,000.00 6930 • Wine stage 5,000.00 6940 • BMI License Fee 2,700.00 Total 6900 • Entertainer acts 193,550.00 Page 3 2:35 PM Temecula Valley Balloon & Wine Festival o3/znos Profit & Loss Budget Overview accrual Basts July 2007 through June 2008 Jul'07 -Jun 08 Total 6600 • Entertainment expense 270,550.00 7300 • Food court expense 7340 • Health Permlt 1,700.00 Tota17300 • Food court expense 1,700.00 7500 • Parking 7510 • Supplies 500.00 7520 • Cones 400.00 7540 • Freeway Signs 5,600.00 Tota17500 • Parking 6,500.00 7600•Souvenir expense 7620 • Inventory purchases 20,000.00 7640 • Supplies 400.00 Tota17600 • Souvenir expense 20,400.00 7700 • VIP expense 7720 • Faod 1,000.00 7740 • Supplies 400.00 Total 7700 • VIP expense 1,400.00 7800 • Wine tasting venue expense 7810 • Glasses -plastic 425.00 7815 • Glasses -tasting 11,500.00 7860 • Tickets 1,300.00 7870 • Wlne 60,000.00 7880 • Supplies 600.00 Tota17800 • Wine tasting venue expense 73,825.00 7960 • Festival Event Supplies 7965 • Parking Passes 3,100.00 7970 • Credentialsllaminating 2,000.00 7975 • Vendor Passes 1,800.00 Total 7960 • Festival Event Supplies 6,900.00 Total Expense 1,135,158.00 Net Ordinary Income 0.00 Net Income 0.00 Page 4 I. TEMECULA VALLEY BALLOON & WINE FESTIVAL ATTACHMENT D - 2007 FESTIVAL RECAP & FINANCIALS '~ Ad Wo rKs, Inc. PDBIIC REIAiIINS AND MARNETIM6 Marketing Report Temecula Valley Balloon &Wine Festival July 2007 FESTIVAL MARKETING OVERVIEW Over recent years the Temecula Valley Balloon and Wine Festival has consistently experienced strong attendance on Friday and Saturday with a significant dip on Sunday. This year's marketing, publicity and Festival entertainment were designed to draw unique crowds from a more diverse demographic background, thereby increasing the overall attendance and media exposure. Additionally, intercept surveys and exit surveys showed that the Festival median attendee was 35-54 year old, high income, married with kids. These demographics were considered in the colortul collateral material, choice of entertainment and advertising partnerships. o ENHANCED WINERY EXPERIENCE: To enhance the winery experience a gourmet food and wine pairing, with Slow Food Chef demonstrations was added to the Sunday entertainment. o The Festival also adopted a new Icon to direct guests and readers and enhance the wine component of the event. "Vinnie" the caricature mascot is used throughout the marketing showing "We Got What You 're Cravin." o "Vinnie" was introduced this year to carry through our 25"' Anniversary next year. He is named after Vince Cilurzo, a founding winery owner who planted the first commercial vineyards in Temecula and helped to make Temecula's Wine Country famous by providing Temecula Wines at the Merv Griffin Show. Vince Cilurzo was the lighting director for the show. His wife Audry was the main lobbyist and organizer behind the Temecula Valley appellation. - o JAZZ AND WINE: Temecula Wine Country is known for their summer jazz concerts. To expand on this popularity the Festival booked jazz artist Craig Chaquico for the Sunday lineup. o FAMILY FUN: Families and locals had become the core of our Sunday Crowd. The Festival made a bold move by bringing Xtremely Amped, a super motocross stunf show to the stage for Sunday. i 21705 COMO STREET C~ WILDOMAR 6• CA C• 92595 (951) 678-1456 ~ (951) 252-5649 dF FAX (951) 678-5467 WEBSITE WWW.TEMECULACALIFORNIA.COM ~~ Ad Works, ~n~. POBLIC RELATIONS ANO MARMETIN6 PUBLICITY OVERVIEW: The 2007 Temecula Valley Balloon and Wine Festival publicity and marketing campaign began in October 2006. The process began with local publicity on vendors, volunteers, Board of Directors, donations and the Festival poster contest. Long lead publicity started in January with calendar notices, targeting over 100' entertainment, in-flight travel and regional publications, (Sunset, Westways, etc) as well as a list of travel writers. Target subject related magazines such as Wine Enthusiast, Vineyard and Winery Magazine and Tours and Tastings were sent press releases that focused on the wine tasting portion of our event, while entertainment magazines and travel magazines focused on the balloons and entertainment aspects of the Festival. Additionally media representatives were specifically targeted for three neW activities targeted to different markets: o Wine and Food Chefs/Connoisseurs, Food Art fans o Extreme Sports/Moto X Games o Smooth Jazz Fans Concert calendar listings were sent to all publications in January announcing Colfecfive Soul as the Festival 2007 Headliner. THEMED CAMPAIGN: A media blitz began in March with the theme Flight Plan. Invitations representing - "Boarding Papers" were sent to 60 targeted entertainment editors and anchors. The invitations stressed the unique careers required to put on the Temecula Valley'Balfbon ahd Wine Festival, from balloon chase crew to winery cellar rats. In April all news anchors, entertainment writers/editors and columnists received Media kits with the "Flight Plan" Theme. These included a paper lantern hot air balloon, assembly instructions on a notepad, bendable stick figures with likenesses of the anchors in the "face" area, a media kit with press releases and an electronic press kit with photos and all press releases. Print media received CDs. Broadcast journalists received B-roll footage with their kits. 21705 COMO STREET :• WILDOMAR B• CA >r 92595 (951) 678-1456 Z• (951) 252-5649 •S FAX (951) 678-5467 WEBSITE WWW.TEMECULACALIFORNIA.COIvi '~ Ad Wo rKs, Inc. PDBIIC REIAi1DNS ADD MABKETID6 RESULTS: The Festival had more coverage increased it's print impressions three fold this year while adding web links, and web articles. Over 92 million print impressions of the Temecula Valley Balloon and Wine Festival in regional, national and local publications publicized the Festival with stories and accompanying photos. *See attached circulation breakdown. This is equal to FOUR TIMES the amount of the 2006 Campaign Web links and web information sites increased in numbers this year also, and included all broadcast media partners, plus links with major television networks covering the event. o Web hits doubled over previous years o Festival Was Linked to Major Television and Radio o Festival had Streaming Audio Commercials on all 8 Los Angeles Clear Channel Stations o '/z PBS Curiosity Quest Children's Program on Balloon Pilot Careers o Sandra Mitchell CBS TV news coverage o KUSI News interview during festival on Wine Country and wine makers. WEB PRESENCE: ' The 2007 Temecula Valley Balloon and Wine Festival was covered on more web views' (~ sites, a-zines and national newspaper sites than previous years. The Festival website `~ www.tvbwf.com was also linked with all media partners and in some cases carried brief descriptions on home pages. This included photo album sites and MYSPACE:COM; YOUTUBE.COM. *See attached list i 21705 COMO STREET d• WILDOMAR ca CA ~ 92595 (951) 678-1456 •S (951) 252-5649 ~ FAX (951) 678-5467 WEBSITE WWW.TEMECULACALIFORNIA.COM 2007 Temecula Valley Balloon and Wine Festival PRINT IMPRESSIONS WEB SITE LINKSIFEATURES ~'~ CJ ~" MEDIA DATES CIRCULATION TOTAL Geographic __-____ _ -IMPRESSIONS - Reach _ _... -- PRINT ^ PRESS-ENTERPRISE 10/31/06, 11/60/06, ___ 3/6/07, 3/16/07, 13/15/07, 4/20/07, 4/22/07, 4124/07, Inland ' A/20/07, 4/22/07, 194,111 3299887 Empire/River '5/24/07, 5/25/07, side .5/28/07, 5/30/07, 5/31/07, 6/1/07, 6/3!07' LOS ANGELES TIMES Southern ~5/25I07, 5/27/07, Californian/L '5/31/07, 6/3/07, 6/5/07' 1,531,527 7657635',os Angeles !and Orange -- -- --- ---- Coun FRIDAY FLYER 10/27/06, 2/23/07, T 2/13/07, 5/11/07, 10,000', 50000 Canyon Lake _ __ ____ __6/1/07 THE CALIFORNIAN ________ ,11/3/06, 12/3/06 _ ______ _ ___ _ _ ____ _ 1/20/07, 3l2/, 3/4, :Southwest 3/10, 3/18, 3/17, 4/22, 16000 288000 Riverside !5/17, 5/18, 5/20, 5/24, ; County ;5/27, 5/31, 6/1, 6/6, NORTH COUNTY TIMES 11/08!06, 3!19/07, X253,961 Sunday .5!27/07, 5/28/07, 231,939 weekday 1413656iSan Diego 5/30/07,6/6/07 6/2/07 ; VALLEY NEWS/FALLBROOK 10/27/06, 1/ / / ~ Fallbrook/Te 1 12 06,3 2/07, 10000: 60000 VILLAGE NEWS I3/19/07, 5/25, 6/8, mecula Temecula Valley BUSINESS ~ 1/07 3/2107 4/07 ___ _ __________ ___ -- Southwest JOURNAL . , , . , 5/7 200001 80000, Riverside ` County. San Diego Union Tribune. _1_-Jun' ___ _ -_ 296331. _ -__ _____2.9__6.3_31'San Diego_ TEMECULA TODAY _ Temecula 7-Apr 1600,' 1600 Chamber of Commerce NEIGHBORS ' .Southwest ;4/07, 5/07, 6/07, 7/07 '~ 200001 80000iRiverside ~ ' ~Coun __ _______ BARSTOW DESERT ____ ~ --` .1/21/2007; __ 4573 -- -~ 45731 DISPATCH SAN BERNARDION SUN ~ ' 4/20 5 11 6/3 4 San , , / , 8 352] 253056; Bemardino INLAND DAILY BULLETIN '~ 'Pomona/Mon 5/11, 5/18, 6/1 100,000 300,000~~tclair/Clarem ----- -- ---~- ------- -- Mont Home Gallery iMayJune ~ 40,000! 40,000iRiverside/Sa ___ __ _ _ In Bernardino VICTORVILLE DAILY '1/21/07, 6/1/07 37091; 74182jUpperdesert PRESS Melodys Ad Works, Inc. - :Page 1 of 2 '~ Ad WorKs, Inc. ~~ PBBLIC REIATIBMSAND MBRKETINB TELEVISION: Broadcast News: Total Hits: 5 Audience reach: 514,311 Media Value: $5715 Local News KZSW TV 27 AND Verizon FIOS TV: Total Spots 252 (30 SECOND) Audience Reach 40,000 Value $12,600 CABLEITime Warner Total Spots 235 Audience Reach 40,000 Value $5,000 Additional coverage: Curiosity Quest PBS Children's Program, '/z show targeted towards youth and ballooning. KSBN Channel 3 Interview with Festival Board of Director KCBS-2 Los Angeles Calendar Notices/Vlleekend Event info through Anchor Sandra Mitchell 21705 COMO STREET ®WILDOMAR eo CA de 92595 (951) 878-1458 v (951) 252-5649 ~~ FAX (951) 678-5467 W EBSITE W W W.TEMECULACALIFORNIA.COM '~Ad WorKs,Inc. POBLIC REIATIBNS AND IRARREi1N6 Live Television Hits during Event 1. Eyewitness News a. KABC-TV (ABC) Los Angeles June 1, 2007 i. 6 a.m. news and 5:30 a.m. news 1, 16 second tease 2. 2'/z minute interview 2. Eyewitness News a. KABC-TV (ABC) Los Angeles June 1, 2007 i. 6 p.m. news ii. 24 second spot 3. KFMB (CBS) Channel 8 San Diego June 1, 2007 a. 11 p.m. evening news b. 1 minute 18 second news/b-roll 4. KUSI-TV Channel 51 June 1, 2007 a. (San Diego, 10 a.m. to 11 a.m. b. minute interview includes winery bios and interviews. 5. KZSWTV Interview (Channel 27) on Verizon Fios June 1, 2007 Live in studio interview, Coverage at the event for balloon launch, balloon glow 21705 COMO STREET ~ WILDOMAR C* CA 4 92595 (951) 678-1456 C• (951) 252-5649 •b FAX (951) 678-5467 WEBSITE WWW.TEMECULACALIFORNIA.COM 'o '~ Ad WorKs, lnc. t PBBLIC BEIAflCNS AMD MARKEiINC ADVERTISING SCHEDULE: see attached ~l .21705 COMO STREET •: WILDOMAR C• CA w 92595 (951) 678-1456 4 (951) 252-5649 e~ FAX (851) 678-5467 WEBSITE WWW.TEMECULACALIFORNIA.COM W 0 W U U' 2 W H W Q LL r ~3 O 0 N i~~~~ ~~~~~~~ m ~ t x-W . (xj m ? ~ ~ i Um: 5 O: KI .C ~~. I N O ~ Y ~ ~~ =~ yy Q W ~ M E Olvf x I~~i U:N ~X'Q ~ W ~ N V Y K. y F' U~W .'Q ~ y y :~ : ~yW/ ~, W~ ' C~ Z ~ yla ~ f I ! Y O a Q Q Q ,~Y Y Y . } a N N. y K 'a 'LL!~ ' Ei ~ 31 ,Q ~y yj K C ~l o'p ' Y• YIY Y ~ YY i Y ~Y' I F~ 'U 6a x~ __ ._..._. m f m m. ~ ~ i O 0 NI T: '. gg p ._.000 M M M .000 alm.M M ._._ y. ___•_ , i. - O m , O M __. _..__ ~ m Li o. .., m. ~ ~ c ~ ~ E ~ I~iU' a LL w : c' Q' ~ ' n E m ~'I~~'&''~ m e m o '.~ p ' ' .____ ..__ ~ dV1M.m N : ~ M N M'.M ~M -LL LL a 1~ l~ '. i.. ' ' N ~' I G N ~; 1 N ~ ~ C ~ • ~ ~' . ' ~ E 3' . E ry :diN ~ . . d N Ni m O~ l• i '.i0_ W ~ iNIN ~ ry m_U. U.(~ ~~Ad Works,~~~. PDBLIC REIAi1DNSARD RIARREiINR TEMECULA BALLOON AND WINE FESTIVAL MEDIA PARTNERS: NEWSPRINT: LOS ANGELES TIMES The Festival arranged a sponsorship with the Los Angeles Times for the first time in the history of the event. The sponsorship provided over $41,538 in advertising and publicity valued at over $111,000. Ads were run full circulation;inciuding several color advertisements. PRESS-ENTERPRISE The Festival sponsorship with the Press-Enterprise include $1..0,400 worth of in-kind advertising in three (3) 3x10" ads and (3) 3x6" advertisements in the newspaper May 18-June 1, 2007. ~~ CALIFORNIAN/NORTH COUNTY TIMES Tfie Californian and North County Times provided the Festival with a $7500 sponsorship resulting in twenty (20) 3x8" ads run from May 6 through June 1. TEMECULA VALLEY BUSINESS JOURNAL A full page color advertisement and full page story on the Festival was run for the month of May. HOME GALLERY A full page color advertisement was run for the last two weeks of May and first week of June. 21705 COMO STREET @+ WILDOMAR ee CA o~ 82595 (951) 678-1456 ee (951) 252-5649 4~ FAX (951) 678-5467.: WEBSITE WWW.TEMECULACALIFORNIA.COM ~~Ad WorKs,~n~. POBLIC RElAT18NS AND MARNETINS RADIO KLOS 95.5 Live mentions on the popular morning team show of Mark and Brian Live mentions on Noon Time Cynthia Fox Live appearance of Cynthia Fox on June 2 (Estimated added value $50,000) KOST 103.5 Give aways on Mark and Kim Morning Show Week of May 21. REWARDS PROGRAM- included 10 mentions/week for Web-Based Program and special contest. Direct Marketing Email promotion. with hyperlink to www.tvbwf.com (Estimated Promotional Value $42,500) Clear Channel Los Angeles The Festival's 30-second radio commercial played for the week of May 21-May 28 on the eight Los Angeles Clear Channel Stations streaming broadcast, with a hyper link to the website. A total of 336 commercials ran, (42) per station on 98.7 FM Star, KFI, Hot 92,Kiss FM, 104.3 Kbig, AM570, KOST 103.5 and KTLK. KATY 101.3 Package included a remote synchronized broadcast of the Balloon Glow both Friday and Saturday evenings at the Festival. Value $28,000. KCXX Package included sponsorship of the Xtremely Amped program with 32 promotional spots, six live call-ins on Sunday and $28,600 of promotional airtime value. KFROG Ticket giveaway and Grape Stomping event, with sponsors creating Three partners included Centex Homes, Lazy Boy, and Brookfield Homes. (Estimated added Value $22,500 in promotions, $15,000 in Tags) i 21705 COMO STREET o'~ WILDOMAR s CA w 92595 (951) 878-7458 E• (951) 252-5848 °e FAX (951) 878-5467 WEBSITE WWW.TEMECULACALIFORNIA.COM ~~ Ad WorKs, ~~~. PUBLIC REIATIDBSABD MARBEiIN6 KWAVE Ticket giveaway added 10 mentions to Festival Promotions Q103 Ticket giveaway and sponsorship with value of $2500 Sports lounge with additional on air spots, (168 total plus 70 mentions on sponsor ads) (Estimated promotional value $7500) 94.5 FM Ticket giveaway and sponsorship with value of $2500 KPRI FM A $15,250 package with a station targeted by headliner Collective Soul included two months of web exposure through their website plus 36 promotional spots in addition To a paid schedule of 40 spots perweek,garnering a 5.5 frequency. 21705 COMO STREET db WILDOMAR @ CA ~ 92595 (951) 678.1456 m (951) 252-5649 ~ FAX (951) 678-5467 WEBSITE WWW.TEMECULACALIFORNIA.COM '~ Ad WorKs, Inc. ~} PUBLIC AEIAiIUNS AND MARNETIN6 2007 TEMECULA VALLEY ~ BALLOON AND WINE FESTIVAL COUNTY PROFILE 2007 ATTENDANCE COUNTY PROFILE COUNTY PERCENT Los Angeles 16.5% Orange County 15% Riverside/ 43.5% (SW County 34%) San Bernardino 5% San Diego 17% Other 3% 2006 ATTENDANCE COUNTY PROFILE COUNTY PERCENT Los Angeles 15.0% Orange County 15.0% Riverside 24.0% Temecula/Murrieta(63%) San Diego County 15.0% San Bernardino 15.0% Other 16.0% 2005 ATTENDANCE COUNTY PROFILE COUNTY PERCENT Los Angeles 12.0% Orange County 7.3% Riverside/Inland Empire 58.7% San Diego County 13.0% Desert 1.0% Other 8.0% 3 21705 COMO STREET t• WILDOMAR ~o CA ~ 92595 (951) 678-1456 S• (951) 252-5649 ® FAX (951) 678-5467 WEBSITE WWW.TEMECULACALIFORNIA.COM QUESTIONS (FY 2007-2008) Application Page 3c 4. Please describe your financial reporting. The Festival Office works with a Certified Public Accountant year round and uses generally accepted accounting principles. All financial reporting is prepared on the accrual basis of accounting and reflects all significant receivables, payables and other liabilities. 5. If your organization received City of Temecula Funding in the previous year, please provide a brief recap of the event, attendance, accomplishments and its economic benefit to Temecula. Explain if the event, goals, marketing program, and attendance were consistent with what was proposed to the City. Marketing and Publicity: The 2007 Temecula Valley Balloon and Wine Festival was the 24 annual event and the publicity and marketing campaign began in October 2006 with local publicity on vendors, volunteers, Boazd of Directors donations and the Festival poster contest. Long lead publicity started in January with calendaz notices tazgeting over 100 entertainment, in-flight travel and regional publications, including Sunset and Westways. A media blitz began in Mazch, with the theme Flight Plan. Invitations representing "Boarding Papers" were sent to 60 targeted entertainment editors and anchors. In April all news anchors, entertainment writers/editors and columnists received Media kits with the "Flight Plan" Theme. Results: The Temecula Valley Balloon and Wine Festival had more coverage and increased its print impressions three fold in 2007 while adding web links and web articles. Over 92 million print impressions appeared in regional, national and local publications promoting the Festival with stories and accompany photos. This is equal to FOUR TIMES the amount of the 2006 Campaign. Web links and web information sites increased in numbers in 2007 also, and included all broadcast media partners, plus links with major television networks covering the event. In 2007, the Festival was covered on more web news sites, a-zines and national newspaper sited than previous years. The website: www.tvbwfcom was also linked with all media partners and in some cases carved brief descriptions on home pages. This also included photo album sites on MYSPACE.COM, and YOUTUBE.COM Intercept surveys and exit surveys showed that the Festival media attendee was 35-54 year old, high income, married with kids. These demographics were considered in the colorful collateral material, choice of entertainment and advertising partnerships. ` 4 ~~ QUESTIONS (FY 2007-2008) Application Page 3d Event Recap: Throughout the day, various entertainers provided music on the Wine Stage for the enjoyment of Festival guests. The Main Stage was rocking as several bands provided music in the afternoon and evenings. While strolling about the Festival grounds, guests enjoyed vendor booths including, arts and crafts, commercial exhibits and the opportunity to sample a variety of delicious foods. The Festival also featured a souvenir booth where guests could purchase a variety of items to memorialize their visit to the 24`h annual event. The children had their own venue with a Kid's Faire that featured train rides, inflatables and slides, jumpers, obstacles courses, a rock wall, game booths, kid's rides, a petting zoo and pony rides, a little gym and a children's rainforest exhibit. In addition to evening entertainment on the main and wine stages, Friday and Saturday nights featured the traditional evening Balloon Glow in the Wine Stage area where the tethered balloons with burners ignited, danced to the beat of the music amid a cheering crowd. Over twenty different wineries provided tasting in the wine venue in delightfully decorated booths. An excellent variety of wines were poured giving participants the opportunity to sample the best of the local wines. Among the winery booths, fine artists, offered beautiful paintings, photographs, art objects and other fine art items. In addition, a Gold Medal Lounge and a Silver Medal seating preference were introduced on Friday and Saturday and on Sunday, Viva, Viro and Cucina, a wine. country kitchen debuted featuring four-courses of slow-food, paired with wine and expertly prepared by wonderful guest chefs. To thank the military, Sunday was designated military day and all active military received 50% off their adult admission. Attendance Demographics: Please see attached. Accomplishments: Festival accomplishments have been integrated throughout the narrative in this document. QUESTIONS (FY 2007-2008) Application Page 3e Economic Benefzt to Citv of Temecula: The Festival provided key economic development activities for the City of Temecula and surrounding areas in the Temecula Valley. It prominently displayed the natural assets and resources of Temecula including it's: 1) tourism, 2) Retail operations, 3) potential for employment opportunities, 4) industrial & commercial locations and the fact that Temecula is a leading source of high tech job potential, excellent residential living and quality of life. The activities of the Balloon and Wine Festival generated substantial TOT tax to the city since all hotels/motels, campgrounds, and restaurants in the city were at maximum capacity during the three-day event. Ninety-two percent of Festival operating expenses continued to be spent at Temecula Valley businesses. M~~ ~ Ad WorKs, ~~~. ~"'~ PUBLIC REIATI®NS AND NIANNETINU 2007 TEMECULA VALLEY BALLOON AND WINE FESTIVAL COUNTY PROFILE 2007 ATTENDANCE COUNTY PROFILE COUNTY PERCENT Los Angeles 16.5% Orange County 15% Riverside/ 43.5% (SW County 34%) San Bernardino 5% San Diego 17% Other 3% 2006 ATTENDANCE COUNTY PROFILE COUNTY PERCENT Los Angeles 15.0% Orange County 15.0% Riverside 24.0% Temecula/M urrieta(63%) San Diego County 15.0% San Bernardino 15.0% Other 16.0% 2005 ATTENDANCE COUNTY PROFILE COUNTY PERCENT Los Angeles 12.0% Orange County 7.3% Riverside/Inland Empire 58.7% San Diego County 13.0% Desert 1.0% Other 8.0% 21705 COMO STREET A~ WILDOMAR +S CA ~ 92595 (951) 678.1456 Q~ (951) 252-5649 6 FAX (951) 678-5467 WEBSITE WWW.TEMECULACALIFORNIA.COM TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION FINANCIAL STATEMENTS JiJNE 30, 2007 PREPARED BY SIIAFER & MACRAE, CPAs CERTIFIED PUBLIC ACCOUNTANTS TEMECULA, CALIFORNIA Shafer :MacRae CE RTIPIED PUBLIC ACCOUNTANTS Richard A. Shafer Douglas C. MacRae 28780 Single Oak Drive • Suite 200 Temecula, CA 92590 (s5t) 296-0785 Fax: (957) 296-0789 To the Board of Directors Temecula Valley Balloon & Wine Festival Association Temecula, California We have reviewed the accompanying statement of financial position for Temecula Valley Balloon & Wine Festival Association (a non-profit organization) as of June 30, 2007, and the related statements of activities and cash flows for the year then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management of Temecula Valley Balloon & Wine Festival Association. A review consists principally of inquiries of Organization personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regazding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our review, we aze not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. March 26, 2008 TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION STATEMENT OF FINANCIAL POSITION JiINE 30.2007 ASSETS CURRENT ASSETS: Cash Accounts receivable, net of allowance Other receivable Inventory Prepaid expenses TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT, net TOTAL ASSETS LIABILITIES AND NET ASSETS CURRENT LIABILITIES: Accounts payable and accrued expenses TOTAL LIABILITIES NET ASSETS: Unrestricted TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS $ 566,358 137,530 863 10,848 13,019 728,618 9,01 S $ 737,633 $ 360,879 360,879 376,754 376,754 $ 737,633 See accompanying notes and accountants' review report. TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30, 2007 REVENUE Contributions Admissions Concessions and other support TOTAL REVENUE EXPENSES Fesfival costs General and administrative TOTAL EXPENSES DECREASE IN NET ASSETS NET ASSETS, beginning of year NET ASSETS, end of year $ 156,000 434,812 489,880 1,080,692 840,234 249,281 1,089,515 (8,823) 385,577 $ 376,754 See accompanying notes and accountants' review report. TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION STATEMENT OF CASH FLOWS FOR THE YEAR ENDED JUNE 30, 2007 CASH FLOWS FROM OPERATING ACTIVITIES: Decrease in net assets $ (8,823) Adjustments to reconcile change in net assets to net cash provided by operating activities: Depreciation 1,749 (Increase)/decrease in: Accounts receivable (3,063) Prepaid expenses 5,500 Inventory (2,230) Increase/(decrease)in: Accounts payable and accrued expenses 52,403 NET CASH PROVIDED BY OPERATING ACTIVITIES 45,536 CASH FLOWS FROM INVESTING ACTIVITIES Payments for property and equipment (4,402) NET CASH USED IN INVESTING ACTIVITIES (4,402) NET INCREASE IN CASH CASH, beginning of year CASH, end of year Interest expense 41,134 525,224 $ 566,358 $ - See accompanying notes and accountants' review report. TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION NOTES TO FINANCIAL STATEMENTS NOTE 1-Nature of Activities and Summary of Significant Accounting Policies Nature of Activities Temecula Valley Balloon & Wine Festival Association (the Association) was organized in 1991. The Association is a nonprofit organization and is dedicated to enhancing the charitable, cultural, educational and economic development of the region. The Association's support comes primarily from admission and concession fees related to the festival and from contributions. Basis ofAccountine The financial statements of the Association have been prepazed on the accrual basis of accounting and accordingly reflect all significant receivables, payables and other liabilities. Basis of Presentation Financial statement presentation follows the recommendations of the Financial Accounting Standards Board in its Statement of Financial Accounting Standazds (SFAS) No. 117, Financial Statements of Not for-Profit Organizations. Under SFAS No. 117, the Organization is required to report information regarding its financial position and activifies according to three classes of net assets: unrestricted net assets, temporarily restricted net assets and permanently restricted net assets. The Association has no permanently or temporarily restricted net assets. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Revenue Recoenition Contributions received are recorded as unrestricted, temporarily or permanently restricted net assets, depending on the nature of the restriction. When a restriction expires (that is, when a stipulated time restriction ends or purpose restriction is accomplished), temporarily restricted net assets are reclassified to umestricted net assets and reported in the statement of activities as net assets released from restrictions. The Association does not have any permanently restricted net assets at June 30, 2007. See accompanying accountants' review report. TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION NOTES TO FINANCIAL STATEMENTS NOTE I -Nature of Activities and Summary of Significant Accounting Policies (continued) Contributed Services The Association receives a substantial amount of donated services in carrying out the Association's purpose. Approximately 11,000 hours of donated services were received during the year ended June 30, 2007. These services were not recognized in the financial statements because they did not meet the criteria for recognition under SFAS No. 116. Income Taxes The Associafion is exempt $om federal taxes under Internal Revenue Code Section 501(c)(4). Cash and Cash Equivalents Cash and cash equivalents (when existing) include all monies in banks and highly liquid investments with maturity dates of less than three months. The carrying value of cash and cash equivalents approximates fair value because of the short maturities of those financial instruments. Inventory Valuation Inventories are stated at the lower of wst or market detemuned by the specific identification method. Pro e~rt ~~Equinment and Leasehold Imnrovements Acquisitions of property and equipment in excess of $1,000 are capitalized. Property, equipment and leasehold improvements are carried at cost if purchased fair value if donated to the Association. Depreciation is provided on method over the estimated useful lives of the individual assets. Equipment 7 years Furniture and fixtures 7 years Leasehold improvements 10 years Vehicles 5 years or at estimated the straight-line See accompanying accountants' review report. TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION NOTES TO FINANCIAL STATEMENTS NOTE 2 -Cash The total cash held by the Association at June 30, 2007 includes $473,498 in monies that are deposited at Union Bank of California and aze not covered by the FDIC. It is the opinion of management that the solvency of the referenced financial institution is not of particular concern at this time and that the monies in excess of $100,000 aze short-term in nature, pending payment of festival expenses. NOTE 3 -Property and Equipment Property and equipment at June 30, 2007, consisted of the following: Furniture and equipment $ 34,378 Leasehold improvements 2,800 Less: accumulated depreciation S 28,386) $ 8.792 Depreciation expense in the amount of $1,749 was recorded in the year ending June 30, 2007. NOTE 4 -Operating Lease Commitment The Association leases its office facilityunder anon-cancelable operating lease, which expired July 31, 2005 and continues month-to-month, with monthly rents in the amount of $1,800. Rent expense for the year ended June 30, 2007 was $21,758. -The Associafion currently leases a copier for its office. The copier is under afive-year lease that began on July 5, 2006. Future minimum rental payments are: For the year endinu June 30, 2007 2008 2009 2010 2011 and thereafter $ 3,086 3,086 3,086 3,086 $ 12.344 See accompanying accountants' review report. TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION NOTES TO FINAATCIAL STATEMENTS NOTE 5 -Contingencies The Association is currently in litigation relating to missing equipment that was rented for the June 2007 Festival: According to Management, any loss would be limited to the insurance deductible as provided in the Association's insurance policy. The potential loss is not material and has not been accrued on the Association's books. See accompanying accountants' review report. I. TEMECULA VALLEY BALLOON & WINE FESTIVAL ATTACHMENT E - 2008 SPONSORSHIP AGREEMENT SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION This Agreement is made and effective as of this 8th day of Aoril. 2008, by and between the CITY OF TEMECULA ("City"), and TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION (TVBWFA), a California nonprofit corporation. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: A. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: 1. TVBWFA shall operate the 25th annual "Temecula Valley Balloon & Wine Festival" on June 6 - 8, 2008. The Temecula Valley Balloon & Wine Festival ("Balloon & Wine Festival") is a special event held at Lake Skinner. The Balloon & Wine Festival shall offer approximately 50 hot air balloons, main stage entertainment, arts and crafts fair, tethered balloon rides and a wine venue featuring the Temecula Valley. On June 6~', the Festival will kick-off with headline entertainment and a balloon glow. Attendance in previous years has been approximately 30,000 - 40,000 people for the 3- day event. Attendance for the 2007 Balloon & Wine Festival was approximately 38,000 spectators. 2. The City of Temecula desires to be a "Premier Sponsor" of the 2008 Temecula Valley Balloon & Wine Festival. B. CONSIDERATION. In exchange for the City Sponsorship Payment of thirty-five thousand dollars ($35,000.00) and Temporary Logistical Support in an amount not to exceed $3,100, as provided in Exhibit B, for a total of thirty-eight thousand and one hundred dollars ($38,100.00), the City shall be designated as a "Premier Sponsor' of the 2008 Temecula Valley Balloon & Wine Festival. C. SPONSORSHIP BENEFITS. In exchange for being a Premier Sponsor, the City shall receive the benefits as listed in Exhibit A. D. SPONSORSHIP PAYMENT. The City Sponsorship Payment of thirty- five thousand dollars ($35,000) shall be used to promote the Balloon & Wine Festival, as provided in Exhibit C, and pay for the entertainment at those venues at the Balloon & Wine Festival. E. DISTRIBUTION OF PROCEEDS: The Temecula Valley Balloon & Wine Festival proceeds shall be utilized as follows: 1. Cover annual operating expenses for the eleven months between Balloon & Wine Festivals and start-up cash. 2. Balance is donated to community organizations. 11056/0001 /1044577-2 F. MARKETING AND PROMOTION 1. TVBWFA shall encourage overnight stays in the City through local room night bookings by including the Temecula Valley Convention & Visitors Bureau website booking site on all event advertising, press releases, posters, flyers, event programs and other promotional materials as soon as TVBWFA begins advertising the Balloon & Wine Festival. 2. TVBWFA shall support economies of the City of Temecula by promoting and utilizing local businesses (i.e., local food vendors, restaurants, wineries, crafters, etc.) first. 3. TVBWFA shall market and promote Temecula's tourist attractions (i. e., the City's Old Town, wineries, golf, hot air ballooning, etc.) by partnering with the Temecula Valley Convention & Visitors Bureau on scheduled media visits (i. e., media day, familiarization tours, etc.) as soon as TVBWFA begins promoting the Balloon & Wine Festival. G. BUDGET. TVBWFA shall submit the approved Balloon & Wine Festival budget to the Assistant City Manager once adopted by the Board of Directors. H. PERMITS. TVBWFA shall file a written request to the Assistant City Manager and the Director of Public Works for the use of any City owned light towers, cones, barricades, directional signs, flashing beacons, etc. no later than ninety (90) days prior to the first day of the Balloon & Wine Festival. The City retains its governmental jurisdiction to determine whether to approve the request. TVBWFA shall return the provided materials in the same condition as received. I. TICKETS/SOUVENIRS: TVBWFA shall submit -all event tickets, parking passes and official Festival souvenir merchandise to the Assistant City Manager no later than one full week proceeding the first day of the Balloon & Wine Festival. J. RECEIPT OF PAYMENT. After the Temporary Logistical Support request and insurance have been submitted and approved, and the event agreement has beeh executed in final form, TVBWFA shall receive the City Sponsorship Payment. and Temporary Logistical Support, as outlined in this Agreement. K. MEETING ATTENDANCE. City staff shall attend required TVBWFA pre- event Public/Safety meetings. L. WRITTEN REPORT. No later than ninety (90) days after the conclusion of the Balloon & Wine Festival, TVBWFA shall prepare and submit to the Assistant City Manager a written report evaluating the Balloon & Wine Festival event, its attendance, media coverage, and description of the materials in which the City was listed as a Premier Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Balloon & Wine Festival must be included in such written report. 2 11086/0001 /1044577-2 M. AUDIT. TVBWFA shall provide a financial audit by an independent certified public accountant of the Temecula Valley Balloon & Wine Festival. This audit shall be conducted to include'an audit of the 2008 Balloon & Wine Festival and should be completed and submitted to the City no later than December 1, 2008. The CPA firm must also perform a cash control audit which provides for a review of the internal controls for cash handling. N. INDEMNIFICATION. TVBWFA shall defend, indemnify and hold the City, and their elected officials, agents, and employees free and harmless from all claims for damage to persons or by reason of TVBWFA's acts or omissions or those of TVBWFA's employees, officers, agents, or invitees in connection with the Balloon & Wine Festival to the maximum extent allowed by law. O. INSURANCE. TVBWFA shall secure from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability in which the City is named insured or is named as an additional insured with the TVBWFA and shall furnish a Certificate of Liability by the City. The applicable evidence of insurance shall be submitted to the City not less than thirty (30) days prior to the first day of the Balloon & Wine Festival. TVBWFA acknowledges and agrees that City may terminate this Agreement and revoke the Temporary Logistic Support Request in the event that evidence of insurance complying with the requirements of this Section is not received on or before thirty (30) days prior to the first day of the Balloon & Wine Festival. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall include; Include the City as the insured or named as an additional insured covering all claims arising out of, or in connection with the Temecula Valley Balloon & Wine Festival. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with the Temecula Valley Balloon & Wine Festival. 3. Minimum Scope of Insurance. Coverage shall be at least as broad as: (A) Insurance Services Office Commercial General Liability coverage provided on ISO-CGL Form No. CG 00 01 11 85 or 88. 4. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (A) General Liability: Two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply 11086/0001/1044577-2 separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (B) Liquor Liability: One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. 5. The insurer shall agree to waive all rights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from the Balloon & Wine Festival. 6. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of any modification, expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. 7. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or TVBWFA shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. P. GOVERNING LAW. The City and TVBWFA understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the CourPs judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. O. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: CITY: CITY OF TEMECUTA P.O. Box 9033 Temecula, CA 92589-9033 Attention: Assistant City Manager Producer: Temecula Valley Balloon & Wine Festival Association P.O. Box 1254 Temecula, CA 92593 4 11086/0001 /1044577-2 R. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. S. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 11086/0001 /1044577-2 IN WITNESS WHEREOF, the parties. hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar Mayor ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION Bv: Name: Carol Popejoy-Davis Title: President By: Name: Jeff Gavitt Title: Secretary 6 11086/0001 /1044577-2 EXHIBIT A TEMECULA VALLEY BALLOON & WINE FESTIVAL SPONSORSHIP BENEFITS (Attached) 7 11086/0001 /1044577-2 20081~'remierSponsor $3S, 000 ,dune 6, 7, 8, 2008 (Only one Premier Sponsorship available) 1. 2. 3. 4. 5. 6 7 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Identification as Premier Sponsor in all Festival materials Exclusivity in Premier Sponsor's field Full page, color ad in Festival program Inclusion of logo in all Festival print advertising- Announcements in all Festival paid radio and newspaper advertising Sponsor representative interviewed on projected radio remote broadcast Right to use Festival logo on Premier Sponsor's materials (with Festival advance approval) Representative introduced from stage and invited to-speak several times during Festival Four signs or banners on-site at event (Sponsor to provide) Separate display tent in high-traffic area Access to VIP Hospitality Tent for twenty guests Linking of Premier sponsor's web site to Festival site Recognized in.Festival newsletter Recognized in at least ten Festival news releases to general media Sponsor's name in Festival brochure Sixty adult Festival tickets Thirty parking passes Invitation to Sponsor Appreciation Dinner for twelve people Thirty sets of Official Festival souvenir merchandise EXHIBIT B TEMECULA VALLEY BALLOON & WINE FESTIVAL TEMPORARY LOGISTICAL SUPPORT AND COST (Attached) Notwithstanding the above, in no event shall the City Support Costs exceed $3,100. 8 11086/0001 /1044577-2 ~~ TO: City of Temecula FROM: Temecula Valley Balloon & Wine Festival DATE: March 8, 2007 RE: FY2007--2008 Funding Application -Attachment Traffic Safety Signs and Devices for Temporary Use • 300 Traffic Cones ' • 150 A Frame Barricades • 6 Barricades with "Road Closed" signs • Portable Yellow Flashing Caution units. • 12 Stop signs • 4 hand-held stop/slow sign paddles • 2 portable light towers • Portable Red flashing caution units • Signs: 4 No Left, 2 No Right, 2 Merge, 12 No Parking, 6 Road Closed • Miscellaneous material: Caution tape, earplugs, gloves, etc. • Assistance in locating a vendor/contractor with portable traffic safety message boards EXHIBIT C 2008 TEMECULA VALLEY BALLOON & WINE FESTIVAL PROMOTION AND ENTERTAINMENT 9 11086/0001 / 1044577-2 M W O ,--i N 7 ~Y w a a 0 0 '~ IY1 v '~ 9 v E H O O N M 7 w 0 M N a ~Y h Q) w a 0 0 '~ U N GJ H 0 0 N M 7 w 0 N bD Qy U h 0 0 N M 0 7 N a '~ .~ w ~_ ~~ `9 L'. O O Q~ 4J N ctl U ~N C N H 0 0 N M V M w 0 N bq a "~' U CN R N H 0 0 N M M II. TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL ATTACHMENT A - 2008 SPONSORSHIP BENEFITS Sponsorship Levels & Benefits Main Stage Sponsor- $15,000 Opening Night Sponsor- $7,500 Workshop Sponsor- $2,500 25 Pre-Festival Party 1 Booth 250pening Night 1Canopy 26 Theater 1-8'table 25 VIP Passes 2 chairs 12 Pre-Festival Party 200pening Night 12 Theater 12 VIP Passes 4 Opening Night 4 Theater 4 VIP Passes Name & Logo on all Festival advertising, program, t-shirts, wine glasses. 2 Banners to displayed on main stage and 1 banner at festival will be provided by sponsor Name & Logo on all Festival Advertising and program. 1 Banner to be displayed at festival and 1 banner to be displayed at Opening Night Kick Off Party Name & Logo in program. 1 banner to be displayed at festival and one banner to be displayed at Workshops provided by sponsor Name & Logo displayed on Festival website with link to sponsor website Name displayed on Festival website with link to sponsor website Name displayed on Festival website with link to sponsor website * Tickets are by RSVP before July 9, 2008 Tickets On-Site Advertisine Website *Musician's Workshop is open to customizing sponsorship packages to meet your needs. For more information, please contact Kristi Reedy at PEAR Marketing & Public Relations at (951) 704-6896 II. TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL ATTACHMENT B - 2008 ESTIMATED CITY SUPPORT SERVICES AND COSTS ATTACHMENT B TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL ESTIMATED CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the 2008 Temecula Valley International Jazz Festival. The following expenses can be anticipated for this event: Police: $1,696 Fire: $1,000 Public Works: $1,000 Community Services: $5,450 Code Enforcement: 480 TOTAL: $9,626 II. TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL ATTACHMENT C -EVENT & MEDIA PROMOTIONS mc"t~~~~ai \k~ ~•.,, eons 2008 will feature Celebrities, Jazz Music Legends and Icons Gerald Wilson and Herb Jefferies, who will perform as well as receiving Congressional Certificate of Lifetime Achievement awards. Thursday, July 10 -Opening Night • 5:30pm Sponsor Appreciation Dinner at Baily's Front St. Bar & Grill with entertainment by the Festival All-Stazs • 7:30pm Concert in Old Town Community Theater with James Torme' son of Jazz Icon Mel Torme' Friday, July 11 • North & South Front St. Stages from Spm - Spm -free admission -entertainment • Front St. Bar & Grill with Hart & Soul 6pm - l Opm - no cover charge • Sponsor Reception in Courtyard of Old Town Community Theater - 6:30pm • Concert in Old Town Community Theater with AI Williams 7:30pm • Concert in Old Town Community Theater with Saxophone Titans Richie Cole & Jimmy Mulidore 8:45pm Saturday, July 12 • PBS Ken Burns Jazz & Blues Series in the Merc llam-Spm -free admission -educational • North Stage from lpm -Spm -free admission -entertainment • MAIN STREET ART FAIRE -Spm - lOpm -Main St. Street closure Gam-midnight (for cleanup) • MAIN STREET SATATURDAY NIGHT STAGE including the Chuck Niles Jazz Singer & Be-Bop finalists Competition 3:30pm - IOpm. -free admission -entertainment • Front St. Bar & Grill Spm - l Opm - no cover chazge -entertainment • Concert in Old Town Community Theater with Henry "Skipper" Franklin Quintet 7:30pm • Concert in Old Town Community Theater with Herb Jefferies with Gerald Wilson Big Band Orchestra 8:45pm Sunday, July 13 • PBS Ken Bums Jazz & Blues Series in Merc llam-3pm -free admission -education • North Front St. Stages from lpm -Spm -free admission -entertainment • Front St. Bar & Gri113pm - I Opm - no cover charge • Possible concert in Old Town Temecula Community Theater 2pm -Spm • "Wrap Party" Festival Jazz Jam in the Eagles Nest 7pm - l lpm o Total weekend attendance est. 12,000 with Sat. the biggest day. o Stage/Sound/Power provided by Starway Productions -same as last year in all aspects or we will Go Green with a complete Solar Powered stage/lighting/sound company. o Police & Public works will only be required for Main Street Closure Sat. July 12, Gam -midnight (for st. cleanup) o Craft booths will only be invited if their product does NOT conflict with any other local Old Town vender/store o Old Town Stores will again be invited to participate by bringing their products in the street, joining our Art Faire at no chazge to them, and by staying open late. • Craft booths will only be invited during the MAIN STREET ART FAIRE - 3pm - IOpm -Main St. Street closure 6am- midnight (for cleanup) Music education and performance workshops and clinics will be offered throughout the week before the event at the Musicians Workshop building, as well as a week-long Summer Jazz Camp for Youths. This yeaz we expect attendance of over 12,000 people. ,~~~°; ~~~~~ °.;~ 2008 ALL OF THE CITY OF TEMECULA GRANT MONEY WILL BE USED EXCLUSIVELY TOWARDS PRODUCING THE "FREE TO THE PUBLIC" ASPECTS OF THE EVENTS, AND TO MAKE POSSIBLE THE ENTERTAINMENT- SOUND/STAGE/LIGHTING ON THOSE STAGES AS FREE AND OPEN TO THE PUBLIC. As anon-profit organization, Musicians Workshop will generate over $100,000 of sponsored media coverage over several different medians including print, broadcast (television and radio) and Internet. A strategic marketing and advertising plan is in place to generate interest and awarenessofthe Temecula Valley International Jazz Festival. In addition, the Temecula Convention & Visitor's Bureau aze major sponsors and assist in tazgeting key mazkets. - MEDIA OUTREACH The Temecula Valley International Jazz Festival is typically supported with over I S hours of combined airtime on six different radio stations that span the Los Angeles, Orange County, Inland Empire and San Diego markets among others. We also enjoyed support by television stations both in the Temecula Valley and San Diego. Over 13 print publications also ran half and full page advertisements promoting the festival. These print publications included The Press Enterprise, The Californian, LA Times and the Inland Empire Magazine. We expect to exceed our sponsorship agreements with all existing media sponsors and hope to add publications and radio stations outside the regional azea. In addition to conventional advertising methods, the Temecula Valley International Jazz Festival promoters will display over 500 event posters throughout the Inland Empire and over 250 double sided stickers will be found at our sponsors places of business. The Temecula Valley International Jazz Festival runs a website year round that generates approximately 6,500 unique hits during the months prior to the festival. All sponsors will be listed on the website. Lastly, official festival programs will be available in the weeks prior to, and at the event at participating stores and business. Private sector fundingfor 2008 is already, almost fully funded with over. There are over 60 sponsors including In-Kind trade - over 4/5th of the budget is sponsored by in-kind trade, Please also note that the musicians are donating up to 75% of their usual fees. Summerv: As well as offering the residence of Temecula a better quality of life, by bringing a diversity of cultural events from around the world, and International Celebrities and musicians for a week of Summer Jazz Camps, Clinics, Workshops before the event even begins, The Temecula Valley Intemational Jazz Festival will continue to attract people who have perhaps never been to Temecula from our surrounding areas including: Los Angeles County, Riverside County, San Bernadino, San Diego and Palm Springs, as well as nationally and internationally, and will positively add to making Temecula a destination point of interest. Proceeds benefit Temecula residence directly through scholarships for Children's After School Performing Arts & Music programs and City of Temecula performances. •~"sa~,"enai ~~~~ 19dY 2008 - Proceeds Benefit Temecula residence and the quality of life in Temecula • Proceeds of the 2008 Temecula Valley International Jazz Festival are used to help provide City of Temecula residents children withafter school performing arts and music programs and performance events that would otherwise not be available, including special needs and "at risk kids" programs. • Our partnership with the Temecula Valley Convention & Visitors Bureau to mazket the festival to help increase festival- awareness and attendance, as well as the Winegrowers Association, to establish a wine tasting, and Temecula Art League & Dorland Art Colony for our Main St. Art Faire. o With partnerships with All About Jazz, Travel Host magazine, KSZW 27TV and many more including DownBeat Magazine's regional, national, and international readership, and the partnership with the TVCVB, we are promoting Temecula as a destination to a specific market of people who love Jazz and Wine as -THE PLACE YOU WANT TO VACATION. Note: The City Sponsor is invited to speak at the Media Launch and during the festival from the main stage at The Main Street Saturday Night Stage. Also as City Sponsor, you are acknowledged at the Media Launch and during the Festival. We request the Mayor to be available at the opening night event as a speaker Event Overview As the sun sets over the Temecula Valley, the "who's who" of this spectacular wine country don theirfinest outfits and dancing shoes and prepare for a weekend of incredible food, wine and jazz. Thousands have anticipated this great adventure all year and eagerly await the arrival of their Official Festival Guide to plan their fun-filled weekend. The center of the jazz world turns to Old Town Temecula and the International spotlight is on. Thousands of jazz enthusiasts and wine connoisseurs will be treated to free performances by legendary artists including US Congressional Certificate of Recognition of Lifetime Achievement recipient Gerald Wilson, The Chuck Niles Jazz Music competition and Award presentation and music legends like Ritchie Cole, Dick Berk, Jimmy Mulidore, James Torme, Theo Saunders, Gunner Biggs, Herb Jeffries, AI Williams Jazz Society, Jazz 88 All-Stars, and much more. Attendees will experience a new Old Town Temecula with multiple stages lining Front & Main Streets, clinics, workshops and an opening night kick-off party at the Old Town Community Theater. As melodic jazz riffs soar through the valley, the presentation unfolds before them. Past performers and honorees include Cybill Shepherd, Horace Silver, Sammy Nestico, Louie Bellson, Monty Alexander, Brian Auger, Ernestine Anderson, Mose Allison, Richie Cole, Holly Hofmann, Mike Wofford, Jeff Hamilton,lulio Figueroa, Paula West, Ranee Lee, Tad Weed, Marshall Hawkins, Llew Matthews, Jennifer Scott, John Worley and hundreds of others. As a sponsor of the 2008 Temecula Valley International Jazz Festival, you will help maintain the sophisticated image that the Temecula Valley offers and expose the local flair of music, wine, golf, gaming and a flourishing bedroom community. Because of your support, the 10,000+ music and wine lovers who attend this festival are directly supporting the Temecula Valley Cultural Arts & Music Center- Home of the Chuck Niles Memorial Library. The center is run by Musicians Workshop, a local non-profit that offers cultural and musical education to kids imthe Temecula Valley with after school performing arts and music education. Finally, the emphasis on international artists provide access to populations that travel from abroad. Specifically, the festival is well received and attended by many in the Canadian and Latin Jazz communities as well as jazz lovers across the United States. Most importantly, your sponsorship promotes a vital economic event in the community for both local residents and visitors from around the world. Page 1 of 2 Gloria Wolnick From: Jon Laskin [email@musiciansworkshop.org] Sent: Sunday, March 30, 2008 1:10 PM To: Gloria Wolnick Subject: International Jazz Festival Bands: Importance: High Hi Gloria, I thought we might include a list of International Jazz Festival Bands: Adrianne Nimms AI Williams Alex Ligertwood Andrea Miller Bandidos De Amor Bill Lavin Billy Ross Bomani Ensemble Bradley Young Brian Auger Christoph Luty CJS Quintet Common Sense Cuchata Cybill Shepherd Dario Dick Berk Don Howze Ed Johnson and Novo Tempo Edmund Velasco Elliott Caine Ernestine Anderson Ernie Andrews Frank Wilson George Lisew Gil Alcantar Gil Bernal Greggory Colina Holly Hofmann Imre James Janisse James Torme JAZZ 88 All-Stars Jeff Hamilton Jennifer Hart Jennifer Scott Jesus Mondragon Jimmy Mulidore Joe Baione/Bro. Joe Baione Jazz John Mitthaure Johnny Blass Jon Laskin Judy Chamberlain Judy Wexler Julio Figueroa & Kyrios 3/31/2008 Page 2 of 2 Kazimierz Jonkisz Keith Droste Ken Garcia Band Kyros Les Brown's Band of Renown Llew Matthews Louie Bellson M.S.J.C.C.Jazz Ensemble Marcus Johnson Marshal Hawkins Matt Zebley -Horns Menifee Jazz Ensemble Mike Wofford Monty Alexander Mose Allison Musicians Workshop Blues Revue Musicians Workshop Jazz Band Nathan Elkund Pamela York Paula West Piotr Rodowicz Powder Blues -Tom Lavin Ranee Lee Rene Worst Richard Ring Richard Simon Richie Cole Rick Stepton Rodena Preston & GMWA Ron Mtume Sammy Nestico Savio Scarlet Rivera Scott Martin Shannon Kennedy Sherry Williams Sherwood Sledge Soulr The Elliott Caine Sextet The Sounds of Jazz Qunitet Theo Saunders Tom Adams Tom Scott Vicki Von Eps & Tony Inzalaco Jon Laskin founder /CEO Musicians Workshop Cultural Arts & Music Center Temecula Valley Int'I Jazz Festival In-Home Concert Series www. MusiaansWorkshop.org www.TemeculaJazzFest.com www.JonLaskin.com t(951)678-2517 f(928)222-3009 3/31/2008 Event Details Dates & Times: July 10 7pm-10pm July 11, 12 5pm -10-pm July 13 11am-6pm Locations: Old Town Temecula Front Street Old Town Temecula Main Street Old Town Temecula Community Theater Pechanga Resort & Casino Attendees: 10,000 -12,000 Target Demographics: Adults 25 - 45 years of age with annual income range of $40,000 to $250,000. This market has mid to high levels of discretionary income (average household income of $76,892) and actively engages in an upscale lifestyle. See demographics research below. Cost: Admission to all events are free, with the exception of performances in the Old Town Temecula Community Theater. Tickets for theater performances are $35. Parking & Transportation: There are approximately 12,000 parking spots in and around the Old Town area. In addition, a free shuttle bus has been arranged forservice up and down. Old Town Front Street. Marketing/Advertising Benefits Target Audience Based on audience research, our media and promotional campaign is aimed directly at the following demographic and psychographic groups: • Men and women between the ages of 25 and 54 years of age from the local, national and international markets. Professionals and business owners seeking networking opportunities. Individuals and families seeking inexpensive but upscale entertainment. Media Exposure As anon-profit organization, Musicians Workshop will generate over $100,000 of sponsored media coverage over several different medians including print, broadcast (television and radio) and internet. A strategic marketing and advertising plan is in place to generate interest and awareness of the Temecula Valley International Jazz Festival. In addition, Riverside County and the Temecula Convention & Visitor's Bureau are major sponsors and assist in targeting key Markets outside of the Temecula city limits. Media Outreach In 2007, the Temecula Valley International Jazz Festival was supported with over 15 hours of combined airtime on six different radio stations that span the Los Angeles, Orange County, Inland Empire and San Diego markets among others. Participating radio stations included KSDS Jazz 88.3 FM and KPBS 88.5 FM. We also enjoyed support by television stations in the Temecula Valley, San Diego and Los Angeles including CBS, KCAL, the CW and KZSW TV Channel 27. Over 13 print publications also ran half and full page advertisements promoting the festival. These print publications included local trade and lifestyle magazines as well as nationally awarded jazz publications including Down Beat and All About Jazz Magazine. We expect to exceed our sponsorship agreements with all existing media sponsors and hope to add publications and radio stations outside the regional area. A complete listing of the 2007. Media Sponsors is available upon request In addition to conventional advertising methods, the Temecula Valley International Jazz Festival promoters will display over 500 event posters throughout the Inland Empire and over 250 double sided stickers will be found at our sponsors places of business. The Temecula Valley International Jazz Festival runs a website year round that generates approximately 6,500 unique hits during the months prior to the festival. All sponsors will be listed on the website: Lastly, official festival programs will be available in the weeks prior to, and at the event. Festival Details Thursday, July 10, 7pm -PRESENTING SPONSOR DINNER & CONCERT To kick off the weekend festival, the Presenting Sponsors will be treated to an elegant night of food and wine with a special performance by James Torme. Friday, July 11, Spm -OPENING NIGHT KICK OFF PARTY Presenting, Main Stage and Premier Sponsors will get a chance to mingle with festival entertainers, VIPs, Celebrities and Dignitaries while enjoying a private concert, meet and great and autograph signing and performances. Saturday, July 12, Spm The Temecula Valley International Jazz Festival continues with the Gerald Wilson Orchestra and the Congressional Lifetime Achievement Award will be presented to Gerald Wilson. Additional entertainment includes Herb Jeffries and more to be announced. Sunday, July 13, f pm Jazz Legend Jimmy Mulidore and the Saxophone Titans and Richie Cole take the stage to complete our International Festival. The Chuck Niles Competition also comes to a close. Additional entertainment includes Herb Jeffries and more to be announced. Festival Emcees: Claudia Russell & James Janisse Weekend House Band: Jazz Legend Jimmy Mulidore & the Saxophone Titans, Richie Cole, Theo Saunders, Dick Berk & Gunner Biggs. *Additional pre-festival events will be scheduled for sponsors and announced at a later date. II. TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL ATTACHMENT D - 2008 BUDGET Budget for International Jam Festival 2008 Estimated Actual otal Revenue** $197,375.00 $0.00 otalEx enses $189,475.00 $0.00 Revenue - Ex enses** $7,900.00 $0.00 Expenses Site Estimated Theater Fees $6,225.00 Insurance/Permi}s/Fees $750.00 Popup/Tables etc $3,350.00 Security $1,050.00 Resirooms $850.00 $12,225.00 Refreshments Food $200.00 Refreshments $250.00 Linens $0.00 Ice $150.00 $600.00 Publicity Appriciation Plates $1,000.00 Banners Posters .$1.000.00 Otfice Supplies $1,000.00 $3,000.00 Llght/stage/Sound Piano Rental $500.00 Piano Tuning $150.00 Stage Man/Security $3.500.00 Sound Recording $1,000.00 Total Package - $5,000.00 $10,750.00 Advedising Official Fes}ival Guide $2,500.00 Print Media $4,000.00 Radio Media $1,500.00 Pacific Sons -glasses etc 2000 In-Kind Media $100,000.00 $770,000.00 Pre•Festival TASTE OF THE FESTIVAL $2,000.00 Thur & Fri Kick off $2.500.00 $4,500.00 Enferfainmenf All events including 2 days of "free concerts" $35,000.00 Chuck Niles Musicians $2,000.00 Flights /travel $1,000.00 Hotels $2,500.00 Clinics/Workshops $500.00 Hammond Rental $500.00 Produc}ion Fees $7.500.00 $49,000.00 Actual $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $o.oo So.oo $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Expenses $789,475.00 $0.00 Revenue: Admfsslons Estimated Actual 200 Thursday 200 Friday 200 Saturday 600 City & Corporate Sponsors City of Temecula Paul & Diane Gane}t In-Kind Media Co Sponsor Abbo}} Temecula Valley Bank Kirby Foundation FDA Funding Merchandise Estimated $35.00 $7,000.00 $35.00 $7,000.00 $35.00 $7,000.00 $27,000.00 Actual 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Level Total 1 $15,000.00 $15,000.00 1 $20,000.00 $20,000.00 1 $10,000.00 $10,000.00 1 $10,000.00 $10,000.00 $100,000.00 $155,000.00 1 1 1 2 1 25 T-Shirts 30 Glasses 25 Pins Silent Auction Boofh Fees 50 Chuck Niles Co Total $0.00 $0.00 $0.00 $0.00 $0.00 $5,000.00 $5,000.00 $0.00 $3,000.00 $3,000.00 $0.00 $2,500.00 $2,500.00 $0.00 $1,000.00 $2,000.00 $0.00 $0.00 $0.00 $2,250.00 $2,250.00 $0.00 $14,750.00 $0.00 $10.00 $250.00 $0.00 $10.00 $300.00 $0.00 $5.00 $125.00 $0.00 $54.00 $1,200.00 $0.00 $3,500.00 $0.00 $25.00 $1,250.00 $0.00 $6,625.00 $0.00 Total Revenue $797,375.00 $0.00 Total Sponsor Only $769,750:00 " Procedes }o support Musicians Workshop and Temecula Valley Cultural Arfs and Music Censer Building II. TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL ATTACHMENT E - 2007 FESTIVAL RECAP & FINANCIALS Temecula Valley International Jazz Festival 2007 Recap • Local Youth studied and performed with world class musicians. • Estimated 9,500 in Total Attendance with 1,400 pre-festival Concerts, 600 Thursday July 12, 1,800 Friday July 13, 4,400 Saturday July 14, 1,300 Sunday July 15. • 38 Concerts over four days at 7 locations, 33 Free Concerts, 5 Ticketed in the Theater • Celebration of the one true American Art form beloved around the world • Exposure to over 2.5 million people via radio, newspapers, magazines and cable TV • Hundreds of Ads on both FM and AM radio stations and print ads & TV (over $100,000 donated In-Kind Trade in Advertising -see attached) • Television news and interview coverage including KZSW 27 & CW 5 • Over 2,500 related phone calls received • Over 42,000 - 2007 year to date website visits from over 100 different countries • Over 6,800 website. hits in July 2007 alone • Many Old Town Merchants again reported "Record Sales" -with many staying open late nights International Stars Legendary Louie Bellson, Monty Alexander, the Legendary Jimmy Mulidore and the Saxophone Titans Tom Scott and Richie Cole, Llew Matthews, Dick Berk, Marshall Hawkins, Theo Saunders, and hundreds of others from around the world, including Gregory Colina & CoCoGreGre Latin Jazz Ensemble from Curacao. The 2007 Temecula Valley International Jazz Festival began with a "Pre- Festival" Patrons Dinner and Concert at the Pechanga Theater Showroom with Big Bad Voodoo Daddy. Local Economic Impact Many Old Town merchants reported record sales, vast majority of Old Town merchants very pleased with event and related customer base, one of the highest rated Old Town events in a recent City poll, some out of town guests reported being unable to find accommodations, successful in the process of putting Temecula on the world map as a place. to vacation through international marketing. Media Exposure As anon-profit organization, Musicians Workshop was able to generate over $100,000 of sponsored media coverage over several different medians including print, broadcast (television and radio) and Internet A strategic marketing and advertising plan is in place to generate interest and Internet. awareness of the Temecula Valley International Jazz Festival. In addition, Riverside County and the Temecula Convention & Visitor's Bureau are major sponsors and assist in targeting key Markets outside of the Temecula city limits. Media Outreach In 2007 the Temecula Valley International Jazz Festival was supported media continued to grow over previous years with over 15 hours of combined airtime on six different radio stations that span the Los Angeles, Orange County, Inland Empire and San Diego markets among others. Participating radio stations included KSDS Jazz 88.3 FM and KPBS 88.5 FM. We also enjoyed support by television stations in the Temecula Valley, San Diego and Los Angeles including CBS, KCAL, the CW and KZSW TV Channel 27. TV personality Hal Eisner enjoyed the event and looks forward to being Grand Marshall of the 2008 "Tribute to New Orleans" parade on Main St. Sat. July 12, 3pm. Over 13 print publications also ran half and full page advertisements promoting the festival. These print publications included local trade and lifestyle magazines as well as nationally awarded jazz publications including Down Beat and All About Jazz Magazine. We expect to exceed our sponsorship agreements with all existing media sponsors and hope to add publications and radio stations outside the regional area. A complete listing of the 2007 Media Sponsors is available in attachment f. Print: All About Jazz Magazine, DownBeat Magazine, Urban Magazine, The Californian, North County Times, Inland Empire Weekly, Valley Business Journal, Country Review Magazine, Under the Sun, Valley News, Neighbors Newspaper, Valley Living Magazine, All About Jazz LA Edition, All About Jazz Bay Edition, All About Jazz Chicago Edition Broadcast (Television): The CW Channel 5, KZSW TV Channel 27, CBS-2, KCAL-9 Broadcast (Radio): KSDS Jazz 88.3 FM, KPBS 88.5 FM, KATY 101.3 FM Internet: Over 60,000 hits from over 120 countries, the only local featured event on Festivals.com, featured event on Downbeat email blasts, Sonicbids email blasts, JazzPolice.com, LAJAZZ.com and much more. Proceeds Benefit Temecula residence and the quality of life in Temecula Proceeds of the 2008 Temecula Valley International Jazz Festival are used to help provide City of Temecula residents children with after school performing arts and music programs and performance events that would otherwise not be available, including special needs and "at risk kids" programs. Our partnership with the Temecula Valley Convention & Visitors Bureau to market the festival to held increase festival awareness and attendance, as well as the Winegrowers Association, to establish a wine tasting, and Temecula Art League & Dorland Art Colony for our Main St. Art Faire. With partnerships with All About Jazz, Travel Host magazine, KSZW 27TV and many more including DownBeat Magazine's regional, national, and international readership, and the partnership with the TVCVB, we are promoting Temecula as a destination to a specific market of people who love Jazz and Wine as -THE PLACE YOU WANT TO VACATION. Actual Budget for International Jazz Festival 2007 Esfima~etl s.`Actua l'Bud et Actual otal Revenue** otalEx enses $99,375.00 $95,611.00 Revenue - Ex enses** $3,764.00 Expenses Stte Actual Theater fees $6,224.00 Insurance/Permits/Fees $715.00 Popup/Tables etc $3,361.00 Security - $1,040.00 Restrooms $850.00 $72,190.00 Refreshments Food $200.00 Refreshments $250.00 Linens Ice $150.00 $600.00 Publlciy Ann York Banners Posters $983.00 Office Supplies $1,006.00 $7,989.00 Light/stage/Sound Piano Rental $500.00 Piano Tuning $135.00 Stage Man/Security $3,100.00 Sound Recording $1,000.00 Total Package $8,600.00 $13,335.00 Advedlsing Official Fes}ival Guide $2,478.00 Prin} Media $3,570.00 Radio Media $0.00 Pacific Sons -glasses etc $2,000.00 _ $8,048.00 Pre-Fesffval TASTE OF THE FESTIVAL $2,000.00 Thur& Fri Kick off $2,300.00 $4,300.00 Entertainment All events including 2 days of "free concerts" $42,025.00 Chuck Niles Musicians - $1,500.00 Flights /travel $790.00 Hotels $2,334.00 Clinics/Workshops $500.00 Hammond Rental $500.00 Produc}ion Fees $7,500.00 $55,749.00 Total Expenses $95,611.00 Revenue: Admissions Actual Thursday $25.00 $1.400.00 Friday $35.00 $1,505.00 Sunday $15.00 $390.00 Package $25.00 $125.00 Package $85.00 $680.00 $4,100.00 City 8 Corporate Sponsors Level Total City of Temecula i $15,000.00 $15,000.00 Paradise Cadillac t $5,000.00 $5,000.00 3rd District Jeff Stone 1 $72,500.00 $12,500.00 Paul & Diane Gane}t 1 $70,000.00 $10,000.00 Altura Credit Union 1 $70,000.00 $10,000.00 ReniMunieta 1 $10,000.00 $10,000.00 CAA 1 $7,500.00 $7,500.00 $70,000.00 Co Sponsor Abbott 1 $5,000.00 $5,000.00 Wahcovia 1 $5,000.00 $5,000.00 Temecula Valley Bank 1 $3,000.00 $3,000.00 Nissan 1 $2,500.00 $2,500.00 Rancon, Pat Whitney 2 $1,000.0.0 $2,000.00 Community Gran} funding $850.00 FDA Funding - 1 $2,250.00 $3,150.00 $21,500.00 Merchandise T-Shirts $10.00 $0.00 Glasses $10.00. $0.00 Pins $5.00 $0.00 Silent Auction $54.00 $0.00 Booth Fees $75.00 $2,775.00 Chuck Niles Co $25.00 $7,000.00 $3,775.00 Total Revenue $99,375.00 Total Sponsor Onty $91,500.00 *' Procedes to support Musicians Workshop and Temecula Valley Cultural Arts and Music Center Building il. TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL ATTACHMENT F - 2008 SPONSORSHIP AGREEMENT SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE MUSICIANS WORKSHOP This Agreement is made and effective as of this 8th day of April. 2008, by and between the CITY OF TEMECULA ("City"), and MUSICIANS WORKSHOP, a California nonprofit corporation. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: A. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: 1. MUSICIANS WORKSHOP shall operate the fifth annual "Temecula Valley International Jazz Festival" on July 10 - 13, 2008. The Temecula Valley International Jazz Festival ("Jazz Festival") is a special event held at various locations within Old Town Temecula. The Jazz Festival shall offer free concerts, an art fair, music and rhythm workshops and clinics with the performers. 2. The City of Temecula desires to be a "Presenting Sponsor" of the 2008 Temecula Valley International Jazz Festival. B. CONSIDERATION. In exchange for the City Sponsorship Payment of fifteen thousand dollars ($15,000.00) and City Support Costs in an amount not to exceed $10,000, as provided in Exhibit B, .fora total of twenty five thousand dollars ($25,000.00), the City shall be designated as a "Presenting Sponsor' of the 2008 Temecula Valley International Jazz Festival C. RENTAL COSTS. MUSICIANS WORKSHOP shalt pay for all rental costs for the Temecula Community Theater. D. SPONSORSHIP BENEFITS. In exchange for being a Presenting Sponsor, the City shall receive the benefits as listed in Exhibit A. E. SPONSORSHIP PAYMENT. The City Sponsorship Payment of fifteen thousand dollars ($15,000) shall be used to produce the "free to the public events", as provided in Exhibit C, and pay for the entertainment at those venues at the Temecula Valley International Jazz Festival F. DISTRIBUTION OF PROCEEDS: The Temecula Valley International Jazz Festival proceeds shall be distributed as follows: 1. 50% to MUSICIANS WORKSHOP; and 2. 50% to The Temecula Valley Cultural Arts & Music Education Center Building Fund. G. MARKETING AND PROMOTION 1. MUSICIANS WORKSHOP shall encourage overnight stays in the City through local room night bookings by including the Temecula Valley Convention & Visitors Bureau website booking site on all event advertising, press releases, posters, 11086/0001 / 1044577-2 flyers, event programs and other promotional materials as soon as MUSICIANS WORKSHOP begins advertising the Jazz Festival. 2. MUSICIANS WORKSHOP shall support economies of the City of Temecula by promoting and utilizing local businesses (i. e., local food vendors, restaurants, wineries, crafters, etc.) first. 3. MUSICIANS WORKSHOP shall market and promote Temecula's tourist attractions (i. e., the City's Old Town, wineries, golf, hot air ballooning, etc.) by partnering. with the Temecula Valley Convention & Visitors Bureau on scheduled media visits (i.e., media day, familiarization tours, etc.) as soon as MUSICIANS WORKSHOP begins promoting the Jazz Festival. H. BUDGET. MUSICIANS WORKSHOP shall submit the approved Jazz Festival budgef to the Assistant City Manager no later than sixty (60) days prior to the first day of the Jazz Festival. I. PERMITS. MUSICIANS WORKSHOP shall file applications for a Temporary Use Permit and a Special Event Permit with the City no later than ninety (90) days prior to the first day of the Jazz Festival. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of conditions of approval. MUSICIANS WORKSHOP shall comply with all conditions of approval of the permits. J. RECEIPT OF PAYMENT. After the Temporary Use Permit and Special Event Permit applications and insurance have been submitted and approved, the permit conditions agreed to in writing, and the event agreement has been executed in final form, MUSICIANS WORKSHOP shall receive the City Sponsorship Payment and City Support Costs, as outlined in this Agreement. K. MEETING ATTENDANCE. MUSICIANS WORKSHOP shall attend all City pre-event planning meetings and event recap meetings. L. WRITTEN REPORT. No later than ninety (90) days after the conclusion of the Jazz Festival, MUSICIANS WORKSHOP shall prepare and submit to the Assistant City Manager a written report evaluating the Jazz Festival event, its attendance, media coverage, and description of the materials in which the City was listed as a Presenting Sponsor. The report shall also include samples of media,. press clippings, flyers, pamphlets, etc. in a presentation notebook format: In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Jazz Festival must be included in such written report. M. FINANCIAL REVIEW. MUSICIANS WORKSHOP shall provide a financial review by an independent certified public accountant of the Musicians Workshop. This financial review shall be conducted to include a review of the 2008 Jazz Festival and should be completed and submitted to the City no later than December 1, 2008. N. INDEMNIFICATION. MUSICIANS WORKSHOP shall defend, indemnify and hold the .City, the Redevelopment Agency of the City and their elected officials, 2 11086/0001 /1044577-2 agents, and employees free and harmless from all claims for damage to persons or by reason of MUSICIANS WORKSHOP'S acts or omissions or those of MUSICIANS WORKSHOP'S employees, officers, agents, or invitees in connection with the Jazz Festival to the maximum extent allowed by law. O. INSURANCE. MUSICIANS WORKSHOP shall secure from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability in which the City and the Temecula Redevelopment Agency is named insured or is named as an additional insured with the MUSICIANS WORKSHOP and shall furnish a Certificate of Liability by the City. The applicable evidence of insurance shall be submitted to the City not less than thirty (30) days prior to the first day of the Jazz Festival. MUSICIANS WORKSHOP acknowledges and agrees that City may terminate this Agreement. and revoke the Temporary Use Permit and Special Event Permit in the event that evidence of insurance complying with the requirements of this Section is not received on or before thirty (30) days prior to the first day of the Jazz Festival. .Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall include; 1. Include the City and the Temecula Redevelopment Agency as the insured or named as an additional insured covering all claims arising out of, or in connection with the Temecula Valley .International Jazz Festival 2. Include the City and the Temecula Redevelopment Agency, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with the Temecula Valley International Jazz Festival. 3. Minimum Scope of Insurance. Coverage shall be at least as broad as: (A) Insurance Services Office Commercial General Liability coverage provided on ISO-CGL Form No. CG 00 01 11 85 or 88. 4. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (A) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (B) Liquor Liability: One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. 1 1 0 86/0 0 01 /1 04 4 57 7-2 5. The insurer shall agree to waive all rights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from the Jazz Festival. 6. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of any modification, expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. 7. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or MUSICIANS WORKSHOP shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. P. GOVERNING LAW. The City and MUSICIANS WORKSHOP understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. Q. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: CITY: CITY OF TEMECULA P.O. Box 9033 Temecula, CA 92589-9033 Attention: Assistant City Manager MUSICIANS WORKSHOP: MUSICIANS WORKSHOP 22727 Blueberry Lane Wildomar, CA 92595 R. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. -All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based 4 1 1 0 8 6/0 0 01 /104457 7-2 solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. S. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar Mayor ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney MUSICIANS WORKSHOP By: Name: Jon Laskin Title: CEO/President By: Name: Melody Brunsting Title: Treasurer 5 11056/0001 / 1044577-2 EXHIBIT A TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL SPONSORSHIP BENEFITS (attached) 6 11086/0001 /1044577-2 Sponsorship Levels & Benefits * Tickets are by RSVP before July 9, 2008 Tickets On-Site Advertisine Website Main Stage Sponsor- $15,000 Opening .Night Sponsor- $7,500 Workshop .Sponsor- $2,500 25 Pre-Festival Party 250pening Night 25 Theater 25 VIP Passes 12 Pre-Festival Party 200pening Night 12 Theater 12 VIP Passes 4 Opening Night 4 Theater 4 VIP Passes 1 Booth 1 Canopy i-8'table 2 chairs Name & Logo on all Festival advertising, program, t-shirts, wine glasses. 2 Banners to displayed on main stage and 1 banner at festival will be provided by sponsor Name & Logo on all Festival Advertising and program. 1 Banner to be displayed atfestival and 1 bannerto be displayed at Opening Night Kick Off Party Name & Logo in program. 1 bannerto be displayed at festival and one bannerto be displayed at Workshops provided by sponsor Name & Logo displayed on Festival website with Zink to sponsorwebsite Name displayed on Festival website with link to sponsor website Name displayed on Festival website with link to sponsor website Festival Programs X ~( X ~( X ~ ~( Banners 4 3 2 2 2 2 ~'''*'``f .a ~ > v.. r r~s~eWt~~~~~~~'~t ~ ~ $s `v a M. "Y ?vs Booth 2 1 1 ~~nn '~I~iP~ d ~ `~ ' 1 ~ - ~ 2~ ~ ~ ~ ~.~t~ , ~. `~ '~ ~~ ~ ~ -~ d H W f 5 ~?cu 37v53 ~ ih ~ ~- ~ ~~, r ~ , ,~r~ . > A ~n , ~ .~'~~~ Opening Night 30 30 20 12 8 4 2 Tickets. 'fl~sat~lclfe1~ ,~ , ~ , ~ ~ ' ` „;~ ; ,~,~_-mss, ~. ;... '..,. _ _ ~ ~.,.es ~. ~ .a. ~u~,> ~. p ~. _ . vip Passes 30 25 20 12 8 4 2 *Musician's Workshop is open to customizing sponsorship packages to meet your needs. For more information, please contact Kristi Reedy at PEAR Marketing & Public Relations at (951) 704-6896 ATTACHMENT B TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL ESTIMATED CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the 2008 Temecula Valley International Jazz Festival. The following expenses can be anticipated for this event: Police: Fire: Public Works: .Community Services: Code Enforcement: TOTAL: $1,696 $1,000 $1,000 $5,450 480 $9,626 EXHIBIT B TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL ESTIMATED CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the 2008 Temecula Valley. International Jazz Festival. The following expenses are anticipated for this event: Police: $9,696 Fire: $1,000 Public Works: $1,000 Community Services: $5,450 Code Enforcement: $ 480 TOTAL: $9,626 Notwithstanding the above, in no event shall the City Support Costs exceed $10,000. 7 11086/0001/1044577-2 EXHIBIT C TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL FREE TO THE PUBLIC EVENTS 8 11086/0001 / 1044577-2 pp,0ffiGt ~~~ fa~fs 2OD8 2008 Temecula Valley International Jazz Festival FREE TO THE PUBLIC EVENTS Friday, July 11 • North Front St. Stage from Spm - Spm -free admission -entertainment • Front St. Bar & Grill with Hart & Soul 6pm - lOpm -free admission • Courtyazd of Old Town Community Theater - 6:30 - 7:30pm -free admission Saturday, July 12 • PBS Ken Bums Jazz & Blues Series in the Merc llam-Spm -free admission -educational • North Stage from lpm -Spm -free admission -entertainment • MAIN STREET ART FAIRE -Spm - lOpm -Main St. Street closure Gam-midnight (for cleanup) • MAIN STREET SATATURDAY NIGHT STAGE including the Chuck Niles Jazz Singer & Be-Bop finalists Competition 3:30pm - l Opm. -free admission -entertainment • Clock Tower Stage 3:30pm - lOpm • Front St. Baz & Grill Spm - lOpm -free admission -entertainment Sunday, July 13 • PBS Ken Burns Jazz & Blues Series in Merc llam-3pm -free admission -education • North Front St. Stages from lpm -Spm -free admission -entertainment • Front St. Bar & Grill Spm - lOpm -free admission There will also be Artist Clinics and Workshops -time and dates to be announced ''a ,l 'S V ,t ~~ III. TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL ATTACHMENT A - 2008 SPONSORSHIP BENEFITS ... -EMECULA A L L E V SPONSORSHIP BENEFITS FOR CITY OF TEMECULA Theater/Festival Venue Exposure • Logo and / or name featured in the Festival's promotional trailer that will be screened on rotational basis during theater seating prior to film screenings during the entire 5-day run of the festival. Minimum exposure, 3x daily for 5 days in 5 theaters • Acknowledgment on the Festival thank-you boards displayed in the Movie Experience theater Awards Gala Night • Official Welcome of Festival participants and Award Recipients by Mayor of Temecula or City representative • 20 (2 tables) Awards Gala VIP tickets FESTIVAL -WIDE EXPOSURE Printl0utdoor Media: • One full page advertisement in the Festival Program Souvenir Guide (inside cover page) • Logo and / or name featured in the Festival's supplement program guide • Logo and / or name featured in the Festival Poster and Festival promotional one-sheets • Logo and or /name featured in Festival Banners and promotional signage Media • Extensive participation in the Festival media campaign, including print media, broadcast PSA's and on line promotions. • Acknowledgment on pre-Festival press releases announcing upcoming films, celebrities and events, distributed to over 2,500 media outlets worldwide. • Acknowledgment of sponsorship at Press Launch, Pre-festival promo events, Opening Night, Awards and Closing Night On Line Recognition • Logo and /or Name with hyperiink prominently featured on the festival official site, www.tviff.com, Direct Marketing • Opportunity to distribute promotional materials to over 15,000 festival attendees and at special festival events throughout the year • Opportunity for the City to provide collateral, promotional items and samples in the gift bags distributed to festival participants and special guests. • Opportuntiy for the City to have an Information Kiosk at Hospitality Suite or at the Theater Venue. Direct Participation • 20 VIP Tickets to Opening Night Festivities, 20 VIP Tickets to Closing Night festivities, • 50 tickets to screenings and workshops • Official Welcome of Filmmakers and Musicians during Opening Night Ceremony by Mayor - • Opportunity for City management and/or staff to be presenters at, festival screenings • Meet and Greet Opportunities with celebrity guests, whenever feasible. As Host City, the City of Temecula will always be acknowledged as a cooperative entity in the event titling regardless of who, if any, the eventual corporate Presenting or Title sponsor will be. III. TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL ATTACHMENT B - 2008 EVENT & MEDIA PROMOTIONS ~~ --... TEMECULA V A L L E Y 2008 Festival Schedule of Events Sept.10.14, 2008 Opening Night Festivities Wednesday, Sept. 10. Movie Experience at Tower Plaza An All-Star Mini Parade, A Movie Premiere, A Music Performance and a Post Screening Party will usher in the 2008 event. General Screenings Thursday, Sept.11-.Sunday, Sept.14, Movie Experience at Tower Plaza,11AM-11pm Four (4) days of screening contemporary feature length films, short films, student films, documentaries and animation. MusicFest Friday, Sept. 12 and Saturday, Sept. 13, Courtyard @ Tower Plaza ~ 1 An all day showcase of the top music artists of the 2008 TVIFF ~ J Up and coming, unsigned Music Artists representing all genres of music are showcased before an intemationai audience of music industry professionals and music loving fans. The Black Tie Awards Gala Saturday, Sept. 13, 2008, TBA Lifetime and Career Achievement Awards an: presented to film and music artists who have achieved and made significant contributions to the film and music industry. 2006 recipients, TBA. Master Classes, Workshops and Panels Film and Music producers, directors, writers share their knowledge and expertise with festival attendees on various subjects such as Writing, Directing, Producing, Marketing and Distribution Closing Day Festivities Sunday, Sept. 14, Movie Experience at Tower Plaza Special Screenings of 'Best of the Fest' selections. Jury and Audience Chace Awards are announced at the Festival's Wrap Party. Special Receptions during the 5-day event at various Temecula locations, TBA Cinema Entertainment Alliance • Temecula Valley intemationai Film & Music Festival 27393 Ynez Road, Suite 262, Temecula, CA 92591 • (951) 699-5514 • FAX (951) 699-5503 ... TEMECULA V A L L E Y PROGRAMMING & MARKETING STRATEGIES FOR 2008 TVIFF The goal for the 2008 Temecula Valley International Film and Music Festival is the same as it has always been: to do the best festival ever. Given current economic conditions, TVIFF will focus heavily on the global power of Web marketing instead of the traditional means of print or broadcast advertising. Same concentration will apply towards finding diverse films and music artists for a standout film & music program for 200814m Annual Temecula Valley Int'I Film and Music Festival. Tour Groups and Group Sales Different tour groups within Southern California and Activity Directors of several senior citizen communities in Temecula, Murrieta, Menifee, and neighbor cities of Hemet, Fallbrook and Escondido will be solicited and encouraged to include the Temecula Valley International Film Festival as part of their 2008 tour and activity schedule. Additionally, as in 2007, we will again work with the Military where all family members of Active Duty military personnel get to attend the screenings at 50% discount, Saturday and Sunday. MySpace.com and Music Connection Magazine The partnership with both MySpace.com and Music Connection Magazine will tie re-negotiated. Both entities contributed to an unprecedented event awareness exposure for 2006 TVIFF. Publicity- PR Media Relations Publicity and Media relations will focus on elevating and broadening awareness and perception of TVIFF not simply as a film and music event as the event name suggests, but as a world class film and music experience as well as a travel experience for hospitality and travel media. Special emphasis will be given to massive Internet marketing. Temecula Valley Convention and Visitor's Bureau We are going to continue working in tandem with the TVCVB for a stronger, aggressive and wider marketing reach. TVCVB sponsored a special screening with post screening reception at Embassy Suites, with film festival participants in attendance. Film Program, MusicFest, Awards Gala Honorees Current film and music alliances with the Rome Independent Film Festival, Toronto International Film Festival /Film Circuit Group, the Australia Film, Television and Radio School, USC School of Cinema-Television; the American Film Institute, Music Connection, KBH Entertainment; Chapman University and California Conservatory of the Arts are expected to continue on for 2008 TVIFF: Potential honorees we are working on for 2008 are: Jim Carrey, Actor, Outstanding Career Achievement Helen Mirren, Sandra Bullock, Julia Stiles, Actress, Career and Lifetime Achievement Kodak or Panavision, Distinguished Institution Award Taylor Rockford; Director, Outstanding Achievement Cher, Dolly Parton or Neil Diamond, Music Artist, Lifetime Achievement PAGE 26 Neighbors NEWSPAPER APRIL 2008 it's all ,~ t CHE..aWLTIMATE Ht CQII ,bYTrina Turk oe5~gl,e~ about g `(Jr ]~N. III.. TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL ATTACHMENT C - 2008 BUDGET ... TEMECULA V A L L E Y 2008 TVIFF BUDGET EXPENSES Festival Marketing Printing $ 6,000 Graphics Design $ 6,000 Promo Trailer $1,000* Signage $ 3,500 Merchandise $1,000 MusicFest CD Production and Replication $ 500 PR/Media RelationslMarketing (LA & Beyond) $15,000 Festival Program Writer/Editor $5,000 Publicity/Advertising $12,000* *TVIFF will secure in-kind sponsorships to coveradd'1 costs. Festival Operations Office Rent $8,000 Theater Rental $7.000 Video Projection Equipment Rental $5,000 Transportation Limousines $5,000* Cargo VanlTruck $500 SoundlLighting Systems Rental $3,500 Party Equipment Rentals $3,500 Mailing/Shipping/Film Print Freight $2,000* Office Supplies/ComputerlCopying Expenses $3,000 Accommodations $5,000* Security $2,000 Telephone $5,000 Website Hosting/Maintenance $1,000. Trophies/Plaques/Certificates $2,500* Insurance $2,500 Hospitality Suite $1,500* *TVIFF will secure in kind sponsorships to cover add'1 costs. Sub Total: $50,000.00 Sub Total: $57,000.00 2008 TVIFF Budget, page 2 Special Events Opening Night $1,000* Awards Gala Night $20,000* Media Day $1,000* Talent/Performance Fees $3,000* Sub Total: $25,000 "TVIFF secures sponsors to pay for major cash outlay required by these special events. Pechanga has committed to sponsor major expense requirement of the Awards Gala dinner and production costs. Festival StafflAdministrative Expenses Festival Director $25,000 Film Programming Director $6,000 MusicFest Director $3,500 Special Events Coordinator $3,500 Technical Operations Director $2,500 Projectionist $2,000 Office Asst.Nolunteers Coord. $1,500 Bookeeping Services $1,000 Scholarships $2,000 Miscellaneous/Contingency $5,000 DirectorlLoan Reimbursements $10,000* Sub Total: $62,000. *Montal and Moulton agree to receive less reimbursements for2008 should sponsorships or ticket sales do not reach projected amounts. Total Festival Expense Budget: $194,000 ... TEMECULA V A L L E V 2008 TVIFF BUDGET Projected Income Sponsorships (cash) Ticket Sales Entry Fees (film 1 Music: 300 paid @ $251100 @ $10-student entry) Merchandise (T-shirtslMugslhatslPrograms) Total Projected Cash Sponsorships and Sales: Less Event Expenses: $175,000* 35,000 $ 7,000 $ 3,000 $220,000.00 $194,000.00 .PROJECTED NET PROCEEDS: In -Kind Sponsorship is projected at approximately $240,000 worth of goods, services and trade. $26, 000.00 III. TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL ATTACHMENT D - 2007 FESTIVAL RECAP & FINANCIALS .~ •.. TEMECU LA V A L L E Y 13th Annual Temecula Valley International Film & Music .Festival September 12-16, 2007 Wrap Up Report Submitted by: Jo Moulton Executive Director Cinema Entertainment Alliance / Temecula Valley International Film & Music Festival Office (951) 699-5514 -Cell (951) 265-8130 -Fax (951) 265-8130 - www.tviff.com By all accounts, the 13~ year edition of the Temecula Valley International Film & Music Festival last September 12-16, 2007 was a great success. The Festival opened with an all star vintage car parade and a Hollywood style red carpet welcome at the Tower Plaza's Movie Experience and wrapped up the week with a glitry and spectacular Black Tie Awards Gala at the Pechanga Resort & Casino Grand Ballroom Here are some of the festival highlights and figures: 177 films, 15 bands and over 300 filmmakers, music artists, Press, Industry professionals participated. 21,000 Audience Award ballots were printed. 18,000 were returned. Taking into account, human error in manual ballot counting, it is safe to assume we had approximately over 15,000 in attendance, Hotel stay by festival participants averaged 3 nights, with minimum daily spending average of $200 for food, accommodations, gas. This does not include entertainment or recreational activity spending such as golf, wine tastings, balloon rides or shopping in Old Town or the Promenade Mall or playing the slot machines, blackjack or poker at Pechanga Resort & Casino. Cities and countries represented include: Germany, Mexico, Malaysia, Antibes, France; Canada, Uruguay, Spain, England, Australia, Ireland, Italy; Paris, France; Toronto, Portland, Dallas, Durham, North Carolina; New York, Chicago, Los Angeles, Rhode Island, San Francisco, Seattle, San Diego, Hemet, Fallbrook, Las Vegas, Orange County (CA) and more. Film Showcases included Films from Uruguay, the Basque area of Spain (San Sebastian), the Toronto International Film Festival (Film Circuit Group, from the Australia Radio Film and Television School, from the Rome Independent Film Festival and from the Basque area of Spain (San Sebastian) and Madrid, Spain. Our Young Filmmakers Showcase for the first time featured eleven (11) one minute short films from the first-ever TVIFF Summer Youth Film Camp composed primarily of Temecula teens. We also showcased 4 short films from students of the California Conservatory of the Arts. To complement TVIFF Music Component, we programmed two critically acclaimed documentaries, Julien Temple's Joe Strummer: The Futwe is Unwritten and Susan Dynner's Punk's Not Dead. Special film presentations include the premiere screenings of National Lampoon's Bag Boy; Sony Picture's remake of The Prince & The Pauper; the cdtically acclaimed French film, PRESIDENT and the wodd premiere of a Temecula based production romantic drama, April Moon. One stand-cut documentary offering this year include: THE JOURNEY TO PALOMAR, the screening of which was sponsored by CALTECH's Palomar Observatory. This documentary was sold out in both its scheduled screenings. 2 Workshops and Panels on Screenwriting, Producing, Film Finance/Distribution and the art, craft and business of Music were presented by film and music industry experts. Anew addition to the workshop series was the Music Networking Session where Filmmakers and Music Artists had one- on-onesessions of 15 minutes each with music supervisors, composers, publishers and licensing specialists. MusicFest This year's Music Critique Panelists include an impressive roster of music industry professionals led by Art Ford, President, June St. Entertainment and former BMG Music Publishing film and television music marketing VP; Bernard Baur Review Editor, A&R Reporter and Feature Writer of Music Connection Magazine; Music Supervisor, G. Mark Roswell; Creative Director Adam Wolf; Music Publishing Executive, Rhonda Bedikian. The featured music artists include: MIGGS(San Francisco) , Kandace Ferrell (Ontario, CA), Michael Tiernan (San Diego), Second Movement (New York), The Cons (San Francisco), The Divine Madness (Los Angeles), Shannon Curtis (Los Angeles), Tim Miller (Dallas), GHOST (Los Angeles) , Mr. Majestic (Florida) ,Lemon Sun,(Los Angeles) ,David Thiele (Los Angeles) After Midnight Project (Los Angeles) and Jupiter (Temecula). A new approach to MusicFest was the introduction of a headliner act specifically to attract and cater to azea teens' demand for their kind of music. The headliner, A STATIC LULLABY definitely increased and brought in a much younger crowd to MusicFest. AWARD HONOREES: Technicolor, Distinguished Institution Award Smokey Robinson, Pechanga Maverick Star'Award/Music Artist, Lifetime Achievement; Robert Rosen, Founder's Award/ Educator & Archivist, Lifetime Achievement; Michael Madsen, Terry Gilmore Award of Excellence, /Actor, Outstanding Career Achievement Christopher Young, Mayor's Visionary Award/ Film Composer Kay Panabaker, HonoreelRising Star Award Eve Craig, Daniel Stephenson Humanitarian Award, for Lifetime Patronage of the Arts Award presenters include Mayor Chuck Washington, Tribal Councilmember Donna Baron, Councilmember Maryann Edwards, Jim Meyler, Stephanie Reibei and Sharon Case. Awards Gala Host: Schae Harrison Film Competition Award Winners JURY CHOICE: Best Feature Film - BILLO, LE GRAND DAKHAAR ,ITALY AUDIENCE CHOICE: Best Feature Film: HEBER HOLIDAY ,UTAH, USA Special Jury Pdze (for directing) -Jess Manafort of The Beautiful Ordinary, NEW YORK, USA Special Jury Prize (acting) - Pascal Zullino for II_Rabdomante (THE WATER DIVINER), ITALY Special Jury Pdze (acting) -Douglas Smith for Citizen Duane, CANADA JURY CHOICE: Best Short Film: A LITTLE LIGHT ,USA AUDIENCE CHOICE: Best Short Film: ITSY BITSY , CHAPMAN UNIVERSITY JURY CHOICE: Best Animated Film: ONE RAT SHORT, NEW YORK, USA AUDIENCE CHOICE: Best Animated Film: EXACT CHANGE ONLY, LOS ANGELES, USA Special Jury Pdze: THE DESCENDENT , CHAPMAN UNIVERSITY Special Jury Pdze: ANTES Y DESPUES DE BESAR A MARIA (Before and After Kissing Maria), SPAIN Special Jury Prize: POP FOUL ,COLUMBIA UNIVERSITY, NEW YORK, USA JURY CHOICE: Best Documentary Film: UNSETTLED ,NEW YORK, USA AUDIENCE CHOICE: Best Documentary: THE JOURNEY TO PALOMAR, LOS ANGELES, USA Special Jury Pdze: Gulf War Syndrome GULF WAR SYNDROME -KILLING OUR OWN, NEW YORK, USA Honorable Mention: DAMNED TO HEAVEN ,LOS ANGELES, USA OFFICIAL JURY MEMBERS: Feature Films: Jeff Bens, Manhattanville College, New York ; Thierry Wong and Pierre Forette, ,Producers, Cine Nomine, Paris, France Documentaries and Short Films: Nica Ferguson, La Jolla, Ca. Filmmaker; Duane Trammell, Atomic Toast Productions; Markus and Mason Canter, Flying Canter Bros. Productions; Najla Zaidi, Los Angeles Filmmaker; Kara Kelly, San Diego Filmmaker; Tunisha Singleton, San Diego Filmmaker ;Mario Teruel & Terri Farley-Teruel, ProducedDirector, Thunder Canyon Productions COMMUNITY SUPPORT: Strong support came from the Temecula Valley Woman's Club, the Temecula Valley Convention and Visitors Bureau, and area businesses which include Pechanga Resort & Casino, Outdoor Channel (BetaSP dubs of films); KATY-101.3 FM Radio, KZSW-TV (video projection assist); Miramonte Winery (Sneak Previews), the Garrett Group, The Movie Expedence, the Tower Plaza Shopping Center (CRG Group), Guitar Center, Johnson Cat Rental, Inland Empire Weekly, Neighbors Newspaper, Embassy Suites, Holiday Inn, Presto's, Scarcella's, Callaway Vineyards & Winery, Wilson Creek Winery, Wiens Cellars, Mount Palomar Winery, Rosa's Cantina, Rosa's Cafe, Starbucks, BJ's Restaurant; Califomia Pizza Kitchen, Murrieta Day Spa, OmniTech TV, Valley Events, Timmy D Productions, StarWay Productions, Federal Express, FedExlKinko's, Ranson Group, Paradise Chevrolet, Temecula Valley High School and Chaparral High School FILM PARTNERS AND ALLIANCES: American Film Institute •USC School of Cinema- Television •Califomia Conservatory of the Arts Toronto International Film Festival Group /Film Circuit • Australia Film Television Radio School •USC School of Cinema -Television 4 TEMECULF V A L L E' 2007 MIFF Media Coverage and Impressions The festival enjoyed widespread coverage from local, regional and national print publications, local broadcast outlets; selected television affiliates and the intemet. Inland Empire Weekly came in as our 2007 Official Festival Supplement Program Sponsor, printing over 18,000 glossy Festival Program Supplement which the Festival promptly distributed all over Temecula and neighboring communities Associated Press picked up several press releases and feature articles on the 2007 Festival's special screening of National Lampoon's Bag Boy. The story was broadcast on several ABC, NBC and CBS affiliate stations which include: CBS 44 WEVV, Evansville, Indiana; NBC Newscenter 23, New Mexico; FOX NewsIFOX 51, Tyler, Texas, ABC71KG0-TV,San Francisco/Oakland and San Jose; NBC / KVEQ: TV, Brownsville, Texas. ONLINE coverage included: MySpace.com- as part of their sponsorship, gave TVIFF banner presence on their main page (MySpace Specials, 40 million log-ins115 milion unique visitors per day) on rotation. They also gave TVIFF banner presence on their MySpace Focusl Film Festival page, which when clicked, opens up a TVIFF home page. Several Film Festival participants (filmmakers, music artists, workshop panelists featured the festival in their websites, MySpace sites and blogs. Several film, music industry, sciencelastronomy and motorsports print and on line sites ran TVIFF announcements from July, August and September 2007. Music related intemet sites featured articles on Film Composer Honoree, Christopher Young. UCLA print and on-line publication featured articles on Film Historian/Archivist Honoree, UCLA Dean Robert Rosen. CalTech, Palomar Observatory and various science and astronomy groups issued releases on the documentary JOURNEY TO PALOMAR. Music Connection Magazine - as media partner of the festival, Music Connection provided editorial coverage and advertising months prior, leading up to and after the festival. KATY -101.3 FM, covered the entirety of TVIFF, including interviews with filmmakers, musicians, etc, KATY DJ's also hosted Opening Night's pre Vintage Car Parade interviews with filmmakers, music artists and sponsors of TVIFF. KZSW, Channel 27(Temecula), covered the entirety of TVIFF including pre-interviews with Festival organizers; red carpet coverage of Opening Night; interviews with artists and panelists of MusicFest; and interviews with celebrity honorees and guests at the Awards Gala. The Press Enterprise, The Californian, North County Times, Valley News ran numerous pre- festivalarticles, covered fhe festival in its entirety and did post-festival stories. San Diego Union Tribune ran a story on the screening of the Documentary, Journey to Palomar at TVIFF (FILM TAKES A LOOK AT ASTRONOMER NEHIND TELESCOPE ATOP PALOMAR by J. HARRY JONES) , 8129107. San Diego Union Tribune's film critic, David Elliott wrote a brief on the event, TEMECULA VALLEY FESTIVAL: SET THE GPS FOR NORTH AND FUN, 9113107 Neighbors Publicationlln Motion did special in depth articles on the Motorsports Film Showcase in addition to special feature stories on films, festival honorees, workshops, etc. on their July, August and September issues. Temecula Valley Business Journal -featured film festival news releases months prior to and leading into the Festival dates. Under the Sun -Calendar: Temecula Valley International Film and Music Festival (Sept. 2007) HOLLYWOOD NEWS CALENDAR • listed the Festival for 2 weeks leading up to start date, 9/12. LOS ANGELES TIMES CALENDARIive.com -headlined with TEMECULA FILM FESTIVAL invites local artists and businesses to participate in marketplace Various print and a-zine publications listed, mentioned or featured the festival, weeks leading to festival start date and during, included: Variety, Hollywood Reporter, Los Angeles Daily News, Orange County Register, Daily Bulletin The Reader, The Black Voice News, OC METRO Magazine, Pechanga Player's Magazine, Withersin Magazine, Anaheim Getaway, The Fallbrook / Bonsall Village News, UCLA's Faculty and Staff Newspaper, SignOn San Diego, FilmThreat.com; Indiewire, FilmFestivalToday.com, ScoreTrack.net; SoundTrack.net, Festival Focus, AOL. NEWS, Songwriters Notes; Oceanside Photo and Telescope, Finding Kraftland.com, Canyon News, CNNMOney.com, Daily Bulletin.com[ Hollywood News, FiilmMusicmag.com, Idyllwild Town Crier, Inland Arts.com, SuperCrossKing.com, ASoundtrack Collector, Yahoo! Finance, to name a few. 8 __, Temecula Valley International Film ~ Music Festival (A NONPROFIT ORGANIZATION) FINANCIAL STATEMENTS December 31, 2007 and 2006 Submitted by: Jo Moulton Executive Director Cinema Entertainment Alliance Temecula Valley International Film & Music Festival 31468 Corte Montiel, Temecula, CA 92592 (951)699.5514, office I (951) 265.8130, mobile Reconciled and Prepared by: Kuebler, Prudhomme & Co. Certified Public Accountants 43500 Ridge Park Dr., Suite 104, Temecula, Ca 92590 (951)676.3013 TEMECULA VALLEY INTERNATIONAL FII.,M & MUSIC FESTIVAL (ANON-PROFTT ORGANIZATION) STATEMENTS OF FINANCIAL POSITION DECEMBER 31.2007 AND 2006 ASSETS 2007 CURRENT ASSETS: Cash TOTAL CURRENT ASSETS $ 1,278 $ 1,278 LIABILITIES AND NET ASSETS 2006 LIABILITIES: Accounts payable - 1,364 Advances from board members 19,000 21,000 TOTAL CURRENT LIABILITIES 19,000 22,364 NET ASSETS: - Unrestricted TOTAL LIABILITIES AND NET ASSETS (17,722) (22,364) $ 1,278 $ - TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL (ANON-PROFIT ORGANIZATION) STATEMENTS OF ACTIVITIES YEARS ENDED DECEMBER 31.2007 AND 2006 2007 2006 UNRESTRICTED NET ASSETS: Support: Entry fees $ 5,963 $ 4,934 In-kind 288,600 287,700 Ticket sales 29,414 25,463 Sponsorships 123,500 125,800 TOTAL SUPPORT 447,477 443,897 Festival expenses: Accommodations 67,193 54,578 Photography 1,200 3,558 Production fees 12,826 7,850 Profesional fees 49,143 38,000 Rentals 14,026 11,269 Special events 159,997 164,973 Total Fesival Expenses 304,385 280,228 Administrative expenses: j Accounting 3,015 3,500 Advertising 80,598 82,784 Computer/website 8,829 2,423 Dues 385 250 Education/Scholazships - 2,000 Insurance 1,216 1,216 Office expense 23,948 22,902 Office rent & storage 7,728 8,378 Permit fees 173 200 Recognition 5,102 2,357 Security 1,275 1,500 Travel 2,669 4,314 Utilities 3,512 3,973 Total Administrative Expenses 138,450 135,797 TOTAL EXPENSES 442,835 416,025 INCREASE IN UNRESTRICTED NET ASSETS 4,642 27,872 UNRESTRICTED NET ASSETS ,BEGINNING (22,364) (236) PRIOR PERIOD ADJUSTMENT - (50,000) UNRESTRICTED NET ASSETS, ENDING $ (17,722) (22,364) 2007 Temecula Valley International Film & Music Festival Supporting Documents .. -EMECU L~ 2007 TVIFF BUDGET EXPENSES Festival Marketing Printing $ 6,000 Graphics Design $ 3,500 Promo Trailer $ 2,500 Signage $ 2,000 Merchandise $1,000 MusicFest CD Production and Replication $1,000 PRIMedia Relations/Marketing (LA & Beyond) $15,000 Festival Program Writer/Editor $5,000 PublicitylAdvertising* $20,000" Sub Total: $56,000 *Festival will make every effort to have this underwritten) Festival Operations Office Rent $7,800 Theater Renta- $7,500 Video Projection Equipment Rental $6,000 Transportation Limousines $3,500 Cargo Vanlfruck $500 Sound/Lighting Systems Rental $5,500 Party Equipment Rentals $5,500 Mailing/Shipping/Film Print Freight $5,500 Office Supplies/Computer/Copying Expenses $2,000 Accommodations $3,500 Security $2,000 Telephone $5,000 Website Hosting/Maintenance $1,000 TrophieslPlaques/Cert~cetes $1,000 Insurance $3,000 Hospi#ality Suite $1,000 Sub Total: 560,300.00 Special Events Opening Night $1,500* Awards Gala Night $50,000* Closing Wrap Party $1,500* Media Day $1,500* Talent/Performance Fees $3,000* Sub Total: 57,500 *Festival will make every eJJ`ort to have these special events underwritten Festival Staff/Administrative Expenses Festival Director $25,000 Film Programming Director $5,000 Sponsorship Dev. & Benefits Fulfillment $3,500 Technical Operations Director $2,500 MusicFest Director $2,500 Special Events Coordinator $2,500 Projectionist $2,000 Film Printl'fraffic Coordination $1,000 Office Asst.NolunteersCoord. $1,500 Bookeeping Services $1,000 Scholarships/Film Camp $2,000 Miscellaneous/Contingency $5,000 Loan Reimbursements $17,000 Sub Total; $70,500 Total Festival Expense Budget: $244, 300.00 .. TEMECULA V A L L E Y 2007 TVlFF BUDGET INCOME SPONSORSHIP- (GASH) SPONSORSHIP- (IN-KIND} ENTRY FEES TICKET SALES $150,000 $250,000 $5,000.00 $30,000 TOTAL CASH INCOME TOTAL IN•KIND SUPPORT GRAND TOTAL CASH AND IN-KIND $185,000.00 $250,000.00 $435,000.00 2007 TVIFF Cash and In-Kind Sponsors SPONSORS CASH IN-KIND City of Temecula $60,000.00 Paradise Chevrolet Cadillac $10,000.00 Ranson Real Estate $5,000.00 TV Conventions and Visitors Bureau $5,000.00 Harold Matzner $5,000.00 Abbott Laboratories $5,000.00 The Outdoor Channel $5,000.00 The Garrett Group $5,000.00 Hansen's (Monster Energy Drink) $5,000.00 Murrieta Day Spa $3,500.00 Pacific Marine Credit Union $2,500.00 Impact Video $2,500.00 River Rock Property Group $2,000.00 Keubler Prudhomme $1,500.00 Chipole's $1,500.00 Pacific Trust Bank $1,000.00 Eve Craig $3,000.00 Cal Tech $1,000.00 SUB TOTAL $123,500.00 IN-KIND DESCRIPTION VALUE Pechanga Resort & Casino Hotel rooms, Awards $80,000.00 Gala Catering and Show MySpace.com Internet Site $10,000.00 Marketing California Pizza Kitchen Opening Night; $10,000.00 Hospitality Suite catering Presto's Gourmet Opening Night, $10,000.00 Sneak Previews Catering Inland Empire Weekly 18,000 Program $10,000.00 Supplements BJ's MusicFest Catering $10,000.00 Music Connection Internet Marketing $10,000.00 Monty Seward/OmniTech Film Trailer and $7,50D.00 Awards Gala production Innovative Document Solutions CanonColor Copier $5,000.00 Guitar Center MusicFest equipment $5,000.00 Scarcella's Opening Night $5,000.00 catering Tommy Bahama Rum MusicFest, $5,000.00 Hospitality Suite alcoholic drinks Stella Artois Beer- Hosp. Suite $5,OOD.00 7 The Garrett Group Office and Courtyard $5,000.00 Tower Plaza/River Rock Property Group Hospitality Suite and $5,000.00 Shopping center use Sanborn Theaters Theater screens $5,000.00 The Californian Print Advertising $5,000.00 KATY Radio Radio ads, hosting $5,000.00 KZSW-N Film dubs; ads $5,000.00 Embassy Suites Hotel rooms $5,000.00 Heyday Records MusicFest DVD's, $2,500.00 Sound System, etc Rancon Real Estate Mail, Copying, film $5,000.00 print traffic support Keubler Prudhomme MusicFest, accounting $2,500.00 support B-Side Communities Internet marketing $2,500.00 WithoutaBox.com On line Submission $2,500.00 system Sonicbids.com On Line Submission $2,500.00 Miramonte Winery Community Sneak $2,500.00 Preview Host Valley Events Special Events word $3,750.00 Karl Strauss Beer for Special $2,500.00 events; hosp. suite 7-UP Soda for special $2,500.00 events; hosp. suite RC Cola Soda for special $2,500.00 events; hosp. suite Temecula Valley Business Journal Print advertising $2,500.00 Neighbors Newspaper Print advertising $2,500.00 Temecula Creek Inn Media Day Host $2,500.00 Power House Graphics Graphics Designj $2,500.00 Simpli Creative Graphics & Web $2,500.00 Design Caucho Technology Film Program $2,500.00 Support Potamus Press Printing of flyers, etc. $2,500.00 Snell Family Chocolate Opening Night $2,500.00 Johnson Car Rental Generator-MusicFest $2,500.00 Timmy D Productions PA systems, Host $3,750.00 The Byron Family MusicFest Fencing $2,500.00 Class Act Tuxedos $1,000.00 Hampton Inn 8 Suites Hotel rooms $1,000.00 Holiday Inn Hotel rooms $1,000.00 Eagle's Mark Discount on Trophies $1,000.00 EXTRA Storage Discount on Storage $500.00 Hollywood Video Marketing Support $1,000.00 Comfort Inn Hotel rooms $1,000.00 Haynes Chauffeuring Opening Night Cars $1,000.00 Starbucks Coffee-Hosp. Suite $1,000.00 Carl's Jr. Food-Hosp. Suite $5D0.00 8 __~ IN-KIND DESCRIPTION VALUE QDOBA Food for Hosp. Suite $500.00 Churon Winery Wine $500.00 South Coast Resort & Winery Wine $500.00 Rosa's CafA & Tortilla Factory Food for Hosp. Suite $500.00 Daphne's Greek Cafe Food -Sneak Preview $500.00 Wiens Family Cellars Wine $500.00 Mount Palomar Winery Wine $50D.00 Pick Up Stix Food-Hosp. Suite $500.00 Pita Pit Food-Hosp. Suite $3D0.00 Rosa's Cantina Food-Hosp. Suite $300.00 Romano's Macaroni Grill Food -Hosp. Suite $300.00 KFC Food- Hosp. Suite $300.00 Golden Spoon Food-Hosp. Suite $20D.00 Domino's Pizza Food-Hosp. Suite $200.00 Walmart Paper Goods $100.00 Albertson's Paper Goods $100.00 Food 4 Less Paper Goods $100.00 Photography (Zelasko, Snider) Photo Services $1,20D.00 SUB TOTAL $288, 600.00 TOTAL: CASH AND IN KIND $412,100.00 SPONSORSHIPS ENTRY FEES $5,963.00 TICKET SALES $29, 414.00 TOTAL: ENTRY FEES & TICKET SALES $35, 377.00 TOTAL: CASH SPONSOR, ENTRY FEES $158, 877.00 AND TICKET SALES GRAND TOTAL CASH AND IN- KIND $447.477.00 9 Temecula Valley International Film & Music Festival Profit & Loss January through December 2007 Cash Accrual Basis Jan -Dec 07 Ordinary Income/Expense Income Sponsorship Income 123, 500.00 Entry fees/Ticket Sales 35.099.50 Total Income 158, 599.50 Expense Publicity/Advertising/Marketing 17, 982.78 Graphics Design 5,243.25 Printing 8 Reproduction 7, 355.77 Awards/Trophies 8 Plaques 1,574.31 Contract Labor Commissions 1,250.00 Festival 8 Operations 81,540.55 Total Contract Labor 82,790.55 Facilities and Equipment -Rent Theater Office Storage Unit Special Events-Party Rentals Projection Equipment Rental Walkie-Talkie Rentals Sound 8 Lighting Equipment Rental 7,000.00 7,798.00 80.00 2,046.42 3,555.75 351.00 980.00 Total Facilities and Equipment 21, 811.17 Insurance 1,216.00 Security 1,275.00 Telephone 3,416.92 Transportation -Limousines 3,500.00 Bank /Credit card charges 885.73 Dues and Fees 846.40 Miscellaneous-office supplies, postage, etc. 6.059.62 Total Expense 153. 957.50 Net Ordinary Income 4. 642.00 Net Income 4.642.00 NOTE: TVIFF secured non cash-in kind contributions total of $288,600.00, which helped subsidize the festival ~~-- - III. TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL ATTACHMENT E -2008 SPONSORSHIP AGREEMENT ADVERTISING AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL This Agreement is made and effective as of this 8th day of April, 2008, by and between the CITY OF TEMECULA ("City"), and TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL (TVIFMF), a California nonprofit corporation. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: A. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: 1. TVIFMF shall operate the 14th annual "Temecula Valley International Film & Music Festival" on September 17 - 21, 2008. The Temecula Valley International Film & Music Festival ("Film & Music Festival") is a special event held at the Movie Experience 10-plex at Tower Plaza in Temecula. The Film & Music Festival's Awards Gala Night is planned for Pechanga Resort & Casino. The MusicFest component will be held at the courtyard at Tower Plaza. If additional subsequent event venues are held outside the City of Temecula they will be subject to the written approval of the City of Temecula. Attendance at last year's event was estimated at over 15,000 people. 2. The City of Temecula desires to be a "Major Sponsor" of the 2008 Temecula Valley International Film & Music Festival. B. CONSIDERATION. In exchange for the City Sponsorship Payment of sixty thousand dollars ($60,000.00), the City shall be designated as a "Major Sponsor" of the 2008 Temecula Valley International Film & Music Festival. C. SPONSORSHIP BENEFITS. In exchange for being a Major Sponsor, the City shall receive the benefits as listed in Exhibit A. D. SPONSORSHIP PAYMENT. The City Sponsorship Payment of sixty thousand dollars ($60,000) shall be used primarily for all marketing related costs as well as items required for other film and music program expenses as outlined in Exhibit B. E. DISTRIBUTION OF PROCEEDS: The TVIFMF proceeds shall be put back into the operating expenses for the 2009 Film & Music Festival. F. MARKETING AND PROMOTION 1. TVIFMF shall encourage overnight stays in the City through local room night bookings by including the Temecula Valley Convention & Visitors Bureau website booking site on all event advertising, press releases, posters, flyers, event programs and other promotional materials as soon as TVIFMF begins advertising the Film & Music Festival. 11086/0001/1044577-2 2. TVIFMF shall support economies of the City of Temecula by promoting and utilizing local businesses (i. e., local food vendors, restaurants, wineries, crafters, etc.) first. 3. TVIFMF shall market and promote Temecula's tourist attractions (i.e., the City's Old Town, wineries, golf, hot air ballooning, etc.) by partnering with the Temecula Valley Convention & Visitors Bureau on scheduled media visits (i.e., media day, familiarization tours, etc.) as soon as TVIFMF begins promoting the Film & Music Festival. G. BUDGET. TVIFMF shall submit the approved Film & Music Festival budget to the Assistant City Manager no later than sixty (60) days prior to the first day of the Film & Music Festival. H. PERMITS. TVIFMF shall file applications for a Temporary Use Permit and a Special Event Permit with the City no later than ninety (90) days prior to the first day of the Film & Music Festival. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of conditions of approval. TVIFMF shall comply with all conditions of approval of the permits. I. RECEIPT OF PAYMENT. After the Temporary Use Permit and Special Event Permit applications and insurance have been submitted and approved, the permit conditions agreed to in writing, and the event agreement has been executed in final form, TVIFMF shall receive the City Sponsorship Payment and City Support Costs, as outlined to this Agreement. J. MEETING ATTENDANCE. TVIFMF shall attend all City pre-event planning meetings and event recap meetings. K. WRITTEN REPORT. No later than ninety (90) days after the conclusion of the Film & Music Festival, TVIFMF shall prepare and submit to the Assistant City Manager a written report evaluating the Film & Music Festival event, its attendance, media coverage, and description of the materials in which the City was listed as a Major Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Film & Music Festival must be included in such written report. L. FINANCIAL AUDIT. TVIFMF shall provide a financial audit by an independent certified public accountant of the Film & Music Festival. This financial audit shall be conducted to include an audit of the 2008 Film & Music Festival and should be completed and submitted to the City no later than December 1, 2008. M. INDEMNIFICATION. TVIFMF shall defend, indemnify and hold the City, the Redevelopment Agency of the City and their elected officials, agents, and employees free and harmless from all claims for damage to persons or by reason of TVIFMF's acts or omissions or those of TVIFMF's employees, officers, agents, or invitees in connection with the Film & Music Festival to the maximum extent allowed by law. 11086/0001 / 1044577-2 N. INSURANCE. TVIFMF shall secure from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability in which the City is named insured or is named as an additional insured with the TVIFMF and shall furnish a Certificate of Liability by the City. The applicable evidence of insurance shall be submitted to the City not less than thirty (30) days prior to the first day of the Film & Music Festival. TVIFMF acknowledges and agrees that City may terminate. this Agreement and revoke the Temporary Use Permit and Special Event Permit in the event that evidence of insurance complying with the requirements of this Section is not received on or before thirty (30) days prior to the first day of the Film & Music Festival. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall include; Include the City as the insured or named as an additional insured covering all claims arising out of, or 'in connection with the Temecula Valley International Film & Music Festival. 2. Include the City and its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with the Temecula Valley International Film & Music Festival. 3. Minimum .Scope of.Insurance. Coverage shall be at least as broad as: (A) Insurance Services Office Commercial General Liability coverage provided on ISO-CGL Form No. CG 00 01 11 85 or 88. 4. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (A) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate .limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (B) Liquor Liability: One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. 5. The insurer shall agree to waive all rights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from the Film & Music Festival. 6. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of any modification, expiration or proposed cancellation of such policy for any reason whatsoever, 11086/0001 /1044577-2 the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or TVIFMF shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. O. GOVERNING LAW. The City and TVIFMF understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. P. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as-but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: CITY: CITY OF TEMECULA P.O. Box 9033 Temecula, CA 92589-9033 Attention: Assistant. City Manager PRODUCER: TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL 31468 Corte Montiel Temecula, CA 92592 Q. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. R. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 4 11056/0001 /1044577-2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above. written. CITY OF TEMECULA ~ Michael S. Naggar Mayor ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL By: Name: Jo Moulton Title: Executive Director Bv: Name: Sunny Thomas Title: Treasurer 5 11086/0001 /1044577-2 EXHIBIT A TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL SPONSORSHIP BENEFITS (Attached) 6 11056/0001 / 1044577-2 -EMECU LF A L L E ' SPONSORSHIP BENEFITS FOR CITY OF TEMECULA Theater/Festival Venue Exposure • Logo and I or name featured in the Festival's promotional trailer that will be screened on rotational basis during theater seating prior to film screenings during the entire 5-day run of the festival. Minimum exposure, 3x daily for 5 days in 5 theaters • Acknowledgment on the Festival thank-you boards displayed in the Movie Experience theater Awards Gala Night • Official Welcome of Festival participants and Award Recipients by Mayor of Temecula or City representative • 20 (2 tables)- Awards Gala VIP tickets FESTIVAL-WIDE EXPOSURE Print/0utdoor Media: • One full page advertisement in the Festival Program Souvenir Guide (inside cover page) • Logo and / or name featured in the Festival's supplement program guide • Logo and I or name featured in the Festival Poster and Festival promotional one-sheets • Logo and or /name featured in Festival Banners and promotional signage Media • Extensive participation in the Festival media campaign, including print media, broadcast PSA's and online promotions. • Acknowledgment on pre-Festival press releases announcing upcoming films, celebrities and events, distributed to over 2,500 media outlets worldwide. • Acknowledgment of sponsorship at Press Launch, Pre-festival promo events, Opening Night, Awards and Closing Night On Line Recognition • Logo and /or Name with hyperlink prominently featured on the festival official site, www.tviff.com, Direct Marketing • Opportunity to distribute promotional materials to over 15,000 festival attendees and at special festival events throughout the year • Opportunity for the City to provide collateral, promotional items and samples in the gift bags distributed to festival participants and special guests. • Opportuntiy for the City to have an Information Kiosk at Hospitality Suite or at the Theater Venue. Direct Participation • 20 VIP Tickets to Opening Night Festivities, 20 VIP Tickets to Closing Night festivities, • 50 tickets to screenings and workshops • Official Welcome of Filmmakers and Musicians during Opening Night Ceremony by Mayor • Opportunity for City management and/or staff to be presenters at, festival screenings • Meet and Greet Opportunities with celebrity guests, whenever feasible. As Host City, the City of Temecula will always be acknowledged as a cooperative entity in the event titling regardless of who, if any, the eventual corporate Presenting or Title sponsor will be. EXHIBIT B TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL SPONSORSHIP PAYMENT City funds will be used primarily to pay for Marketing, which includes Publicity Services, Creative Services (for marketing collaterals), Special Events Services (Party Equipment rentals, Catering); Hospitality Services (hotel, airfare, limousines, security requirements of festival participants) and for Film & Music Festival expenses which would include theater facility rental, film and video projection equipment rental, sound and lighting equipment rental. 11056/0001 /1044577-2 PROGRAMMING & MARKETING STRATEGIES FOR 2008 TVIFF The goal for the 2008 Temecula Valley Intemational Film and Music Festival is the same as it has always been: to do the best festival ever. Given current economic conditions, TVIFF will focus heavily on the global power of Web marketing instead of the traditional means of print or broadcast advertising. Same concentration will apply towards finding diverse films and music artists for a standout film & music program for 200814 Annual Temecula Valley Int'I Film and Music Festival. Tour Groups and Group Sales Different tour groups within Southern California and Activity Directors of several senior citizen communities in Temecula, Mumeta, Menifee, and neighbor cities of Hemet, Fallbrook and Escondido will be solicited and encouraged to include the Temecula Valley Intemational Film Festival as part of their 2008 tour and activity schedule. Additionally, as in 2007, we will again work with the Military where all family members of Active Duty military personnel get to attend the screenings at 50% discount, Saturday and Sunday. MySpace.com and Music Connection Magazine The partnership with both MySpace.com and Music Connection Magazine will be re-negotiated. Both entities contributed to an unprecedented event awareness exposure for 2006 TVIFF. Publicity- PR Media Relations Publicity and Media relations will focus on elevating and broadening awareness and perception of TVIFF not simply as a film and music event as the event name suggests, but as a world class film and music experience as well as a travel experience for hospitality and travel media. Special emphasis will be given to massive Internet marketing. Temecula Valley Convention and Visitor's Bureau We are going to continue working in tandem with the TVCVB for a stronger, aggressive and wider marketing reach. TVCVB sponsored a special screening with post screening reception at Embassy Suites, with film festival participants in attendance. Film Program, MusicFest, Awards Gala Honorees Current film and music alliances with the Rome Independent Film Festival, Toronto International Film Festival /Film Circuit Group, the Australia Film, Television and Radio School, USC School of Cinema-Television, the American Film Institute, Music Connection, KBH Entertainment, Chapman University and California Conservatory of the Arts are expected to continue on for 2008 TVIFF. Potential honorees we are working on for 2008 are: Jim Carrey, Actor, Outstanding Career Achievement Helen Mirren, Sandra Bullock, Julia Stiles, Actress, Career and Lifetime Achievement Kodak or Panavision, Distinguished Institution Award Taylor Hackford, Director, Outstanding Achievement Cher, Dolly Parton or Neil Diamond, Music Artist, Lifetime Achievement ITEM RI~J. 6 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: April 8, 2008 SUBJECT: Ninth Amendment to the Joint Exercise of Powers Agreement Creating the Riverside County Habitat Conservation Agency PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: That the City Council approve the Ninth Amendment to the Joint Exercise of Powers Agreement Creating the Riverside County Habitat Conservation Agency. BACKGROUND: The Riverside County Habitat Conservation Authority (RCHCA) was formed as a single species habitat conservation plan to ensure the survival of the Stephens' Kangaroo Rat in western Riverside County. The City of Temecula is a member of this Board. The RCHCA Board approved the Ninth Amendment to its Joint Exercise of Powers Agreement at its February 21, 2008 meeting. The amendment provides for the authority of the RCHCA General Manager to enter into agreements that do not exceed $25,000 and to enter into non-substantive amendments that do not change the scope of work or the maximum reimbursable amount of the agreement. Further, the amendment stipulates that RCHCA Board members must be elected officials and lastly, the JPA has been prepared in a consolidated format that includes all previous amendments. FISCAL IMPACT: None ATTACHMENTS: Joint Exercise of Powers Agreement Creating Riverside County Habitat Conservation Agency with signature pages JOINT EXERCISE OF POWERS AGREEMENT CREATING RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY 1. PARTIES AND DATE This Agreement is made by and between THE COUNTY OF RIVERSIDE, THE CITY OF CORONA, THE CITY OF HEMET, THE CITY LAKE ELSINORE, THE CITY OF MORENO VALLEY, THE CITY OF MURRIETA, THE CITY OF PERRIS, THE CITY OF TEMECULA, and THE CITY OF RIVERSIDE, (hereinafter collectively called the "Member Agencies"), for the acquisition, administration, operation and maintenance of land and facilities for ecosystem conservation and habitat reserves for the Stephens' kangaroo rat and other species which have been listed as threatened or endangered or which aze candidates for such listing pursuant to the laws of the United States or the State of California. 2. RECITALS AND DEFINITIONS 2.1 Parties. Each of the parties hereto is a public agency authorized and empowered to contract for the joint exercise of powers under the Government Code of the State of California. 2.2 Power. Each of the Member Agencies has the authority and power to purchase and maintain real property and to establish ecosystem conservation plans, and to design and implement habitat conservation plans for the protection of the Stephens' kangaroo rat and other listed or candidate threatened or endangered species. 2.3 Need. The United States Fish and Wildlife Service (the "Service") has listed the Stephens' kangaroo rat as an endangered species. The California Department of Fish and Game has recommended changing the Stephens' kangaroo rat's status to endangered. In order for the Member Agencies to obtain permits for incidental takings of the Stephens' kangaroo rat and its habitat, the Member Agencies must develop a program for the protection of habitat occupied by the species. This Agreement implements that program and provides for development of a program to protect other listed or candidate threatened or endangered species, and for the establishment and operation of programs to protect habitat required to maintain ecosystems essential for the preservation of species of plants and animals. Amended 2/21/08 dvu Amendment #9 -Consolidated JPA 1 3. TERMS 3.1 Creation of Aeenc~ There is hereby created a public agency known as the Riverside County Habitat Conservation Agency, herein called the "Agency". The Agency is formed by this Agreement pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California relating to the joint exercise of powers common to public agencies. For the purposes of this Agreement, the Agency is a public agency separate from the parties hereto and shall be the agency to administer and execute this Agreement. 3.2 Puroose. The purpose of this Agreement is to create a public agency to plan for, acquire, administer, operate, and maintain land and facilities for ecosystem conservation and habitat reserves to implement a habitat conservation plan for the Stephens' kangaroo rat and other listed or candidate threatened and endangered species. 3.3 Powers. In carrying out the purpose of this Agreement, the Agency shall have the following powers: 3.3.1 To make and enter into contracts; 3.3.2 To employ agents, consultants, attorneys and employees; 3.3.3 To acquire property, and any interest in property, both real and personal by purchase, gift, lease, option, grant, bequest, devise or otherwise, and to hold and dispose of such property; 3.3.4 To acquire real property by eminent domain and to delegate its authority to acquire real property by eminent domain to individual Member Agencies; 3.3.5 To conduct and direct studies and to develop and implement plans to complement, modify or supplement the "Short-Term Habitat Conservation Plan for the Stephens' kangaroo rat" and to develop and implement plans for along-term habitat conservation plan for the Stephens' kangaroo rat; 3.3.6 To undertake programs to protect other listed or candidate threatened or endangered species and for ecosystem conservation; 3.3.7 To incur debts, liabilities, and obligations; 3.3.8 To sue and be sued in its own name; Amended 2/21/08 tfw Amendment#9-Consolidated JPA 2 3.3.9 To employ personnel to operate, maintain, and administer habitat and ecosystem reserves; 3.3.10 To be an applicant, make applications for, and receive grants from governmental and private entities and to participate in State bond issues; 3.3.11 To prepaze project reports and applications, to qualify for grants, and to enter into grant contracts and to do all other things necessazy to comply with State and Federal laws and regulations with respect to grants; 3.3.12 To borrow or receive advances of funds from the Member Agencies or from such other sources as may be permitted by law; 3.3.13 To contract with the Member Agencies and other pazties who operate or will operate ecosystem or habitat conservation reserves; 3.3.14 To issue bonds, notes, warrants and other evidences of indebtedness to finance costs and expenses to carry out the powers of the Agency; 3.3.15 To acquire, hold, and dispose of equipment; and 3.3.16 To exercise all other powers common to the Member Agencies not specifically mentioned above which may be necessazy to carry out the purposes of this Agreement. 3.4 Effective Date. This Agreement shall become effective and the Agency shall be created on the first day following the execution of this Agreement by the last of the Member Agencies. 3.5 Additional Members. In connection with the admission of any additional public agency after formation of the Agency, each of the existing members and the prospective member or members shall execute a memorandum of understanding specifying the obligations of the prospective member for contributions toward past or present Agency expenditures and assets. 3.6 Boazd of Directors. This Agreement and the Agency created hereby shall be administered by the governing body of the Agency which shall be known as the "Board of Directors of the Riverside County Habitat Conservation Agency" herein called the "Board". The Boazd shall be composed of one Elected Official from each Member Agency. Each Member Agency shall appoint one Elected Official to serve as the regular representative and shall also appoint an Elected Official to serve as an alternate representative of such Agency Amended 2/21/08 tlnu Amendment tF9 -Consolidated JPA 3 to the Boazd. In the absence of the regular representative of a Member Agency, the alternate representative of such Agency shall, if present, participate in a meeting of the Board the same as if the alternate representative were the regular representative. Members of the Board and their alternates shall be appointed by and shall serve at the pleasure of their appointing body. All voting powers shall reside in the Board. Alternate representatives of Member Agencies may participate in all meetings of the Board except that the Agency's alternate representatives may vote only in the absence of the regular representative of such Agency. Members of the Board and their alternates shall be entitled to compensation in the amount of One Hundred Dollars ($100.00) per meeting and mileage for attendance at and participation in regular and special meetings of the Boazd. Except as hereinabove expressly provided, members of the Board and their alternates shall not be entitled to any other salary or compensation for attendance at or participation in meetings of the Board or for any similar services rendered on behalf of the Agency. 3.7 Meetings of the Board of Directors. 3.7.1 Regulaz Meetings. The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting per month. The dates, hour, and place of the regular meeting shall be fixed by resolution, and a copy of such resolution shall be furnished to each Member Agency. 3.7.2 Ralph M. Brown Act. All meetings of the Board, including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code). 3.7.3 Minutes. The Secretary of the Agency shall cause to be kept minutes of all meetings of the Board, shall cause the minutes of all meetings to be ratified by the Board, and shall cause a copy of the ratified minutes to be forwarded to each member of the Board and to each of the parties hereto. 3.7.4 Voting and Quorum. The total voting power of all seats of the Board shall be 100%. Each regular representative shall have a percentage of the vote equal to the percentage of his or her Member Agency's overall contribution or deemed contribution to the a Agency as calculated pursuant to Sections 3.10.1 and 3.10.2 below. "A Member Agency's overall contribution to the Agency shall be calculated monthly or on such other periodic basis Amended 2/21/08 thru Amendment#9-Consolidated JPA 4 as the Board may approve. The majority of the number of Directors of the Board shall constitute a quortun of the Boazd for the transaction of business; provided, however, that in the absence of a quorum, the majority of the Directors present at any Board meeting may adjourn until the time fixed for the next regular meeting of the Boazd. The affirmative vote of at least three Directors constituting more than 50% of the voting strength of the Board as represented in the quorum which is present at that time shall be required for the approval of any actions; provided however, that a numerical majority of the Directors as represented in any such quorum may approve any action unless three Directors constituting more than 50% of the voting strength of the Board as represented in such quorum vote to disapprove any such action. Member Agency representation at meetings of the Board, constituting fifty-one percent (51%) or more of the voting power of the Board constitutes a quomm for the transaction of business; except that less than a quorum may adjourn from time to time. The affirmative vote of Directors constituting more that 50% of the voting strength of the Board as represented in the quorum which is present at that time shall be required for the approval of any action. 3.8 Officers. The Board shall elect its own officers, which shall include a chairperson, vice-chairperson, secretary, treasurer, and auditor. The chairperson and vice- chairperson shall be members of the Boazd and the secretary may, but need not, be a member of the Board. 3.8.1 Treasurer. The treasurer of the Agency shall be the treasurer of the County of Riverside, who shall be the depositary and have custody of all money of the Agency from whatever sources. 3.8.2 Auditor. The auditor of the Agency shall be the Auditor/Controller of the County of Riverside and shall draw all warrants to pay demands against the Agency approved by the Board. 3.8.3 Other Officers. The Board may appoint a general manager and an attorney for the Agency. The Agency may contract with Member Agencies for the use of employees of the Member Agencies on mutually agreeable terms and conditions. The public officer, officers or persons who have charge of, handle, or have access to any property of the Agency shall file an official bond in an amount to be fixed by the Board. Amended 2/21/08 thm Amendment#9-Consolidated JPA 5 3.8.4 General Manager. The general manager, if appointed, or such other officer or employee of the Agency to whom the Boazd delegates such authority, shall have the power to appoint, promote, demote and remove employees of the Agency subject to the provisions of the Agency's approved budget, and subject to such personnel policies as may have been adopted by the Board. The General Manager shall also have the power to enter into Agreements in an amount not to exceed Twenty-Five Thousand dollars ($25,000) and enter into non-substantive Amendments to such Agreements where there is no change to the maximum obligation amount or the scope of work in the Agreement in accordance with the Riverside Count? Purchasing Depaztment guidelines. 3.9 Rules and Govenune Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. The laws of the State of California applicable to the general law City of Moreno Valley shall govern the Agency in the manner of exercising its powers, subject, however, to such restrictions as are applicable to said city in the manner of exercising such powers, as required by Government Code Section 6509. Should the City of Moreno Valley not be a Member Agency, the laws applicable to the County of Riverside shall be used for purposes of Section 6509. The Board, at its first meeting or as soon thereafter as may be possible, shall adopt such rules and regulations as the Board may deem necessary for the conduct of the Agency's affairs. Among these rules shall be a conflict of interest code and a purchasing ordinance. The Board may, as it deems appropriate, review and revise these rules and regulations. 3.10 Contributions/Estimated Budeet. 3.10.1 Contribution of Mitigation Fees. The Member Agencies have imposed a mitigation fee on certain types of development within their jurisdictions to implement the initial habitat conservation program for the Stephens' kangaroo rat. All mitigation fees for the Stephens' kangaroo rat collected by the Member Agencies prior to the effective date of this Agreement, less monies expended by the County for consultants' services and land acquisition, shall be deposited into the treasury of the Agency within sixty (60) days of such effective date. Monies expended by the County for consultants' services and land acquisition for the benefit of the SKR shall be included in the County's overall contribution to the Agency for purposes of calculating the County's percentage vote under Section 3.7.4 above. All mitigation fees collected for the Stephens' kangaroo rat shall be forwarded to the Agency Amended 2/21/08 thm Amendment #9 -Consolidated JPA 6 for the period of April 1 through June 30 before July 31, for the period of July 1 through September 30 before October 31, for the period of October 1 through December 31 before January 31 and for the period January 1 through March 31 before April 30 of each fiscal year. 3.10.2 No Withholding. The County and the Cities may not recover the costs of administering the provisions of their SKR Mitigation Fee ordinance using the Local Development Mitigation Fee revenues generated by them through said ordinance. 3.10.3 Audit. Pursuant to Section 19.A of the JPA, the County and Cities shall maintain complete and accurate record with respect to all Local Development Mitigation Fees collected under their Local Development Mitigation Fee ordinance. All such records shall be clearly identifiable. The County and Cities shall allow a representative of the Authority during normal business hours to examine, audit, and make transcripts of copies of such records. 3.10.4 Breach of Obligations. If the County or the Cities fail to remit on at least a quarterly basis as required in Section 3.10.1, above, within 30 days of the due dates as set forth herein, any delinquent amounts will be assessed interest at the rate of RCHCA's prevailing rate for invested funds. 3.10.5 Process for Notification of Delinquency. The following guide for notification of delinquency is established: RCHCA staff will notify, in writing, the City Manager of any jurisdiction within 15 days of not receiving a remittance fee within the time period set forth in Section 3.10.1, above. After an additional 30 days, RCHCA staff will notify the jurisdiction again with an accompanying invoice for the approximate amount owed plus interest and penalties; RCHCA staff will continue this notification until the 90 day mark, at which time RCHCA will determine if an audit of the jurisdictions' SI{It Mitigation Fee account, general ledger and any other financial data is necessary to determine the amount owed, the cause of the delay, and to make any recommendations to resolve the issue; and If an audit is required due to irregularities in reporting and remittance the jurisdiction will incur the cost of the audit. 3.10.6 Non-Mitigation Fee Contributions. The Board may accept contributions of property from Member Agencies in lieu of mitigation fees, or with the approval of the Board, a Member Agency may hold and maintain its own property as a contribution to the Amended 2/21/08 thru AmendmentN9-Consolidated JPA 7 reserve program. Such property shall count toward a Member Agency's overall contribution for purposes of calculating the Member Agency's percentage vote under Section 3.7.4 above only if approved by the Board and only if held and maintained in accordance with the Agency's rules and regulations for maintenance and operation of reserves. The value of such contributions shall be calculated based upon the agreement of two-thirds of the governing bodies of the Member Agencies or by the Board subject to an independent appraisal ordered by the Board. Funds received from state and federal grants, special assessments, or any other third-party sources also shall be deemed to be contributions of the Member Agencies and shall be used in calculating each Member Agency's percentage vote based on each Member Agency's pro rata share of the approved allocation of take arising from such third-party sources as of the date the fends aze received. 3.10.7 Use of Contributions. When approved by the Board, revenues received by the Boazd, including without limitation, fees and other contributions, may be used to further any of the purposes of the Agency. 3.10.8 Budget. No later that May 31 of each year, the Board shall prepare and approve an estimated budget of the amount of money required to implement the habitat reserve program during the ensuing fiscal year. Such estimates shall be based, as nearly as is practicable, on the total land acquisition, land improvement, maintenance, administration, and operation costs during the current fiscal year as such costs are set forth in the then current approved budget for the Agency. The estimated budget of the Agency prepared and approved by the Board shall be forwarded to the governing bodies of the Member Agencies for consideration and approval. The Board's estimated budget shall be deemed the final budget of the Agency upon receipt by the Agency of certified copies of approving resolutions or minute orders from the governing body of each of the Member Agencies. Until such time as formal approval has been received from each Member Agency, the estimated budget shall constitute merely a proposed budget, subject to reconsideration or revisions. If a final budget has not been approved for the Agency by July 1 of each year, the budget for the previous year shall serve as the Agency's working budget for the ensuing fiscal year until a new budget is approved. 3.11 Consultant Contracts. The Agency shall, upon request of the County, accept assignment of all consultant contracts which the County has entered into for the preparation Amended 2/21/08 thm Amendment#9-Consolidated JPA g and implementation of the Short-Term and Long-Term Habitat Conservation Plans for the Stephens' kangaroo rat. 3.12 Accountin¢ and Audits. 3.12.1 Fiscal Year. The fiscal year of the Agency shall be from July 1 through the following June 30. 3.12.2 Accounting Procedures and Audit. Full books and accounts shall be maintained for the Agency in accordance with practices established by or consistent with those utilized by the Controller of the State of California for like public agencies. The Auditor of the Agency shall either make, or contract with a certified public accountant to make an annual audit of the account and records of the Agency. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the California Governrnent Code and shall conform to generally accepted auditing standards. A report of the audit shall be filed as a public record with each of the Member Agencies and with the Riverside County Auditor within 30 days of its completion. Such report shall be filed within 12 months of the end of the fiscal year under examination. 3.13 Expulsion. Any member agency may withdraw from the Agency by giving the Agency written notice of its withdrawl. Upon withdrawl of any Member Agency from the Agency, the withdrawing member shall not receive any distribution partial or otherwise, of any cash or other assets of the Agency. 3.14 Withdrawal. Any Member Agency may withdraw from the Agency by giving the Agency written notice of its withdrawal. Upon withdrawal of any Member Agency from the Agency, the withdrawing member shall not receive any distribution, partial or otherwise, of any cash or other assets of the Agency. 3.15 Dissolution. Upon dissolution of the Agency pursuant to Section 3.18, the assets of the Agency may be distributed in kind or assets may be sold and the proceeds thereof distributed to the members at the time of dissolution; provided, however, that nay distribution of assets shall be subject to the prior discharge of enforceable liability incurred by the Agency. Subject to the foregoing, upon dissolution of the Agency, each member shall receive its proportionate share of the assets of the Agency as the same appear on the books of the Agency. Each member's proportionate share shall be based upon such member's contributions to the Agency calculated in accordance with Section 3.10 above. Amended 2/21/08thru Amendment tl9-Consolidated JPA 9 3.16 Liabilities. Except as provided hereinabove, the debts, liabilities and obligations of the Agency shall be the debts, liabilities and obligations of the Agency alone and not of the parties to this Agreement. 3.1'7 Indemnification of Member A eg ncies. Provided that a Member Agency has acted in good faith and in accordance with this Agreement and the Short-Term Habitat Conservation Plan for the Stephens' kangazoo rat, the Agency shall defend, indemnify and hold such Member Agency free and harmless from any loss, liability or damage incurred or suffered by such Member Agency by reason of litigation arising from or as a result of any of the following: the Member Agency's impact mitigation fee ordinance; the Member Agency's participation in the Agency; actions taken to implement the Short- or Long-Term Habitat Conservation Plans for the preservation of the Stephens' kangaroo rat; claims of inverse condemnation or unconstitutional takings against a Member Agency; or any other act preformed or to be performed by the Member Agency pursuant to this Agreement, the Short- Term Habitat Conservation Plan for the Stephens' kangazoo rat, or the implementing agreements; provided, however, that such indemnification or agreement to hold harmless pursuant to this Section shall be recoverable only out of Agency assets and not from other Member Agencies. 3.18 Rescission or Termination. 3.18.1 Term. The Agency shall continue until this Agreement is rescinded or terminated as herein provided or until the duties of the Agency aze assumed by a state or regional governmental agency. 3.18.2 Rescission or Termination. This Agreement may be rescinded and the Agency terminated by written consent of all of the Member Agencies evidenced by a certified copy of a resolution of their governing bodies. 3.19 Notices. All notices, statements, demands, requests, consents, approvals, authorizations, agreements, appointments or designations hereunder shall be given in writing and addressed to the principal office of the Agency. 3.20 Validity. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall by any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the Amended 2/21/08 thru Amendment!!9-Consolidated JPA 10 remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 3.21 Amendment. This Agreement contains all of the terms and conditions agreed to by and between the parties hereto and shall not be amended except by an agreement in writing signed by not less than two-thirds (2/3J of the total number of Member Agencies comprising at least fifty percent (50%) of the total voting strength of the Board of Directors 3.22 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. 3.23 Assignment. The parties hereto shall not assign any rights or obligations under this Agreement without the written consent of all other parties. 3.24 Additional Documents. The parties hereto agree upon request to execute, acknowledge and deliver all additional papers and documents necessary or desirable to carry out the intent of this Agreement. /// Original JPA 05/15/90 Amendment # 1 08/20/90 Amendment #2 11/06/90 Amendment #3 04/30/91 Amendment #5 Unapproved Amendment #6 08/01/95 Unnumbered 06/03/07 Amendment#7 02/11/03 Amendment #8 02/28/06 Amendment #9 02/21/08 Amended 2/2l/08 thru Amendment #9 -Consolidated JPA 11 RCHCA ]PA Si~ature Page Dated: Attest: Clerk of [he Board Riverside County Counsel Dated: Attest: City Clerk Amended 2/21/08t1uv Amendment#9-Consolidated JPA I3 COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors CITY OF TEMECULA By: Mayor RCHCA JPA Signature Page Dated: COUNTY OF RIVERSIDE Attest: By: Clerk of the Board Chairman, Board of Supervisors Riverside County Counsel Dated: Attest: CITY OF TEMECULA By: City Clerk Amended 2/21/08 tluu Amendment #9 - Consolidated lPA 13 RCHCA JPA Signature Page Dated: Attest: COUNTY OF RIVERSIDE By: Clerk of the Board Riverside County Counsel Dated: Attest: City Clerk Chairman, Board of Supervisors CITY OF TEMECULA By: Amended 2/21/081hru Amendment #9 -Consolidated JPA 13 RCHCA 7PA Signatare Page Dated: COUNTY OF RIVERSIDE Attest: By: Clerk of the Board Chairman, Board of Supervisors Riverside County Counsel Dated: CITY OF TEMECULA Attest: By: City Clerk Mayor Amended 2/21/08 iluu Amendment #9 -Consolidated ]PA 13 RCACA JPA Signature Page Dated: Attest: of the Boazd Riverside CamTy Counsel Dated: Attest: Amended 2/21/08 [hru Amendment #9 -Consolidated JPA 13 COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors CITY OF TEMECULA By: Mayor RCACA JPA Signature Page Dated: Attest: COUNTY OF RIVERSIDE By: Clerk of the Board Chairman, Board of Supervisors Riverside County Counsel Dated: Attest: CITY OF TEMECULA By: City Clerk Amended 221/08 dnu Amendment #9 -Consolidated JPA I3 RCHCA JPA Signature Page Dated: Attest: Clerk of the Board Riverside County Counsel Dated: Attest: Amended 2/21/08 tluu Amendment #9 -Consolidated JPA 13 COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors CITY OF TEMECULA By: Mayor RCHCA 1PA Signature Page Dated: Attest: of the Boazd Riverside County Counsel Dated: Attest: Amended 2/21/08 [hm Amendment #9 -Consolidated lPA 13 COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors CITY OF TEMECULA By: Mayor RCHCA 1PA Signature Page Dated: Attest: of the Board Riverside County Counsel Dated: Attest: Amended 2/21/08 duu Amendment #9 -Consolidated 1PA 13 COUNTY OF RIVERSIDE By: Chairman, Boazd of Supervisors CITY OF TEMECULA By: Mayor RCHCA JPA Signature Page Dated: Attest: Clerk of the Board Riverside County Counsel Dated: Attest: City Clerk Amended 2/21/08 thru Amendment #9 -Consolidated JPA 13 COUNTY OF RIVERSIDE By: Cfiainnan, Board of Supervisors CITY OF TEMECULA By: Mayor ITEM RI~J. 7 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: April 8, 2008 SUBJECT: Response Letter-Liberty Quarry (At the request of Mayor Naggar) RECOMMENDATION: Review response letter and approve for transmission. BACKGROUND: In a letter dated February 29, 2008, Aggregate Resource Development Manager for Liberty Quarry, Mr. Gary Johnson, submitted a letter (attached) making several statements that warrant a response and clarification relating to the annexation effort of the Santa Margarita area by the City of Temecula. At the request of Mayor Naggar, the attached letter has been drafted as a response to Mr. Johnson in an effort to clarify a number of points on behalf of the Temecula City Council. FISCAL IMPACT: None. ATTACHMENT: Draft Response Letter dated March 26, 2008 Liberty Quarry Letter received dated February 29, 2008 City of Temecula 43200 Business Park Drive • Temecula, CA92590 ^ MailingAddress: P.O. Box 9033 ^ Temecula, CA 92589-9033 (951 ~ 506-5100 ^ Fax (951 ~ 694-6499 ^ vvww.ciryoftemecula.org Michael S. Naggar April 8, 2008 Mayor Maryann Edwards Mayor Pro-Tem Mr. Gary W. Johnson, P.E. Jeff Comerchero Granite Construction Company Council Member Aggregate Resource, Development Manager Ronald H. Roberts 38000 Monroe Street Council Member Indio, CA 92203 Chuck Washington Dear Mr. Johnson: Council Member 951-506-5100 In response to your letter of February 29, 2008, I would like to make the FAX 951-694-6499 following comments on behalf of the Temecula City Council. The City of Temecula adopted its first General Plan in November of 1993 which identified land use and policy recommendations for the orderly development of our City. Policy 5.1 of the Open Space and Conservation Element states that one of the main priorities includes the preservation of open space. In particular, this element references the Santa Margarita Watershed as a pristine, natural habitat that must be preserved. So vital was this watershed that the City was a stakeholder that participated in a study to develop and implement conservation and preservation strategies for this vital City resource. The proposed current annexation of the Santa Margarita area, which includes this watershed, would be consistent with the City's previously expressed intention of preserving this important, natural habitat in perpetuity. This policy was reiterated in the 2005 update to the General Plan. Furthermore, the General Plan has a policy to "Retain critical escarpment and major hillside areas to preserve open space on the west and south edges of the City." The statement in your letter that "This annexation contradicts Temecula's own General Plan recently updated in 2005..." is not correct. Please note that the City's current and past General Plan Land Use Maps clearly show the proposed Santa Margarita area within our sphere is designated as either open space and/or hillside residential with aten-acre minimum lot size. The City's General Plan ® Printed on Recycled Paper Mr. Gary W. Johnson, P.E. April 8, 2008 Page 2 and prior General Plans have always supported the City's intent to preserve open space surrounding the City through annexation. In addition, the City has, since incorporation, been actively pursuing acquisition of open space including the following: ^ The Trails Master Plan was adopted in January 2002 which established a long range plan for the development of trails, bike paths, and open space throughout the City and surrounding communities. ^ In July 2003 the City purchased two hundred acres of open space within the Roripaugh Ranch Specific Plan on the City's northern limits. ^ As a commitment to monitoring and protection of the City's many open space areas, a Park Ranger Program was funded in 2006 which resulted in the hiring of two full-time Park Rangers. • The City has engaged the professional services of the Riverside Land Conservancy and the Dangermond Group to assist the City prepare a strategy for acquisition of the escarpment west of the City. Your statement that the City of Temecula will have to expend "vital City resources to cover anon-revenue land mass" is erroneous. The City completed a thorough fiscal analysis of the proposed Santa Margarita annexation area. This fiscal analysis determined that a $185,997 annual surplus would be created after services to the area are provided if this annexation is approved. In other words, there would be more than enough revenue generated from the annexation area to supporC the required public services while preserving this vital, natural open space if the annexation is approved. Your letter also states that "preventing the quarry would do a major disservice to the region as traffic and pollution will become and continue to get worse as more and more aggregate is trucked through the area." The Draft EIR for the proposed annexation now circulating reached exactly the opposite conclusion. It found that a quarry in the proposed annexation area would adversely affect pollution, biological resources and agricultural resources and would increase truck traffic and increase wear and tear on roads. We look forward to your review and comments on this aspect of the Draft EIR. Finally, the City Council believes in the fundamental principle that local control is at the heart of any incorporated City. This is why Temecula and other new cities have incorporated. It is extremely important to our Temecula citizens that Mr. Gary W. Johnson, P.E. April 8, 2008 Page 3 our City Council have the ability to determine how land uses will be either preserved or developed that are within our Sphere of Influence. In conclusion, this proposed annexation of the Santa Margarita area would be for the express purpose of preserving open space; a fundamental component of our City's General Plan and would be completely consistent with LAFCO's annexation policies. As you know, the City Council will hold a public hearing later this year to review the EIR, proposed General Plan designations, proposed zoning and other issues related to the proposed Annexation. The Council will then decide whether to proceed with the Annexation. We look forward to hearing your comments and those of other members of the public on the important issues surrounding the proposed Annexation at the public hearing. Sincerely, CITY OF TEMECULA Michael S. Naggar Mayor cc: Temecula City Council LAFCO Commission Members ~E~;~~1/~~D r ~ .~ ~,~ ~ ,3 ~~~~ pg-aapp:-~p~q p ~q r~ ~a ~~~ G~ February 29, 2008 Received by: Council Mayor Mike Naggar S. Nelson 43200 Business Park Drive cc: B. Johnson Temecula, CA 92590 Subject: Proposed Temecula Annexation Dear Mayor Naggar, As you may be aware, last week the City of Temecula completed a Draft Environmental Impact Report (EIR) as part of their attempt to annex 4900 acres of land that includes the site of the proposed Liberty Quarry. This annexation contradicts Temecula's own general plan, recently updated in 2005, and clearly shows the proposed annexation area as neither a future Growth area nor even a planning area. Thus, the annexation fulfills no identified land use planning purpose and instead is a blatant attempt by the City to prevent a local aggregate source from benefiting our region. Ironically, one of the most significant 1?enefits that would be derailed by such an amlexation and denial of Liberty Quarry would be the significant reduction in truck traffic traveling south on I-15 and. through the City itself. In pursuing this annexation, the city is failing not only its own residents, but the all of the residents of Riverside County. This annexation will thinly stretch valuable city resources to cover anon-revenue generating land mass while the city deals with the repercussions of a $14 billion state budget deficit and a downturn in the local economy. Temecula taxpayers will be responsible for the cost of overextended police and fire services while continuing to pay more for building materials imported from distant sources to the north while a high quality local sow~ce of aggregate sits untouched. The proposed Liberty Quarry site has been classified by the California State Mining and Geology r'uoaru as a significant minerai resource. Preventing Liberty Quarry will do a major disservice to the region as traffic and air pollution will continue to bet worse as more and more aggre~~ate is trucked into and through the area from ever more distant sources. Without Liberty Quarry, there will continue to be hundreds of trucks per day carrying aggregate south through Corona, Lake Elsinore, Hemet, San Jacinto, Banning and Beaumont. Additionally, a local source of aggregate would provide for the new and improved infrastructw-e needed to meet population growth and stem the tide of the rising cost of much needed building materials that are in high demand to maintain local quality of life. The decision making venue for the Liberty Quarry is already properly before the Riverside County Board of Supervisors. It is our belief that Temecula will have a very hard time justifying this annexation to LAFCO. All of the policies governing LAFCO and the annexation process are intended to promote good urban planning. No LAFCO policy supports the use of the annexation process in order to reach far across jtn'isdictional boundaries to stop a particular project. The EIR process for the proposed annexation takes into account public comments and your voice needs to be heard to ensure that the deciding officials are aware of the concerns of affected taxpayers. We encourage you to share your concerns regarding this annexation with the City and LAFCO. As the EIR enters its 45 day review period, we will keep you up to date ~~ith its progress and the Steps that you can be taking to encourage LAFCO and city officials to consider the needs of the region over the unfounded concerns of a small special interest group. Sincerely, r ~. Gary W. Johnson Aggregate Resource Development Manager ITEM RI~J. S Approvals ~Q City Attorney Sv Director of Finance City (~( /) Manager ~~~CC../// CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: April 8, 2008 SUBJECT: Approval of FY 2007-2008 Cost-Sharing Reimbursement for Regional Costs associated with the City's Municipal Stormwater Permit. PREPARED BY: Aldo Licitra, Associate Engineer/NPDES Daniel A. York, Deputy Director/City Engineer RECOMMENDATION: That the City Council approve payment to the Riverside County Flood Control District in the sum of $140, 248.84 as the City's portion of the cost- sharing reimbursement pursuant to the Implementation Agreement between the Santa Margarita Watershed Permittees approved by the City Council in January 2005. BACKGROUND: On January 26, 2005, the City of Temecula executed a National Pollutant Discharge Elimination System (NPDES) Implementation Agreement (IA) with the Riverside County Flood Control District (RCFCD). The IA manages the regional components of the City's NPDES Order (No. R9-2004-001) and establishes proportional cost shares for each permittee based on acost-sharing formula. The RCFCD administers the IA, the regional components, and associated costs. The regional components of the City's NPDES Order that are covered by the agreement include water sampling programs, the Watershed Stormwater Management Plan (SWMP), municipal staff training, Watershed Annual Reports, business inspections, Receiving Water Monitoring Reports, education programs, and Reports of Waste Discharge (ROWDs). The cost for Temecula's share, based on the formula in the agreement, is $140,248.84 for fiscal year 2007-08. FISCAL IMPACT: $140,248.84 has been budgeted in the NPDES Operating Budget to pay for Temecula's share associated with the IA for Fiscal Year 2007-08. ATTACHMENTS: FY 2007-08 Cost-Sharing Reimbursement Invoice Executed Agreement ~~~~~' I1lL~ (i~nrr:+f ~4anagrr-('hire Enainccr rya 1 3 2UG3 . CI'(Y OE TEMECULA `~L+`~LIC `NORKS DENARTMENT RIVERSIDE COUNTY FLOOD C ONTROL AND WATER CONSERVATION DISTRICT February ~, 2008 Mr. Shawn Nelson, City Manager City of Temecula Post Off ice Box 9033 'Temecula, CA 92589-9033 Dear Mr. Nelson: KIV'ERSIDL. C'r~ 9''x(11 ~~; I ,~);. I Vitro F.~\ y;1.7~~.996~ ~~ w~~.tloodcontrol.co.ri~ rrsi~ir.ra.u~ 117813 :~. FEB 1 ~ ?008 ~.1TY M:iNAuER'~ OFf"ICE Re: FY 2007-08 Cost Sharing Reimbursement Regional Costs for Santa Margarita NPDES Municipal Stormwater Permit In compliance with the Santa Margarita River Watershed NPDES Permit adopted by the San Diego Regional Water Quality Control Board on July 14, 2004 as Order No. R9-2004-001 (NPDES No. CAS0108766) and the Implementation Agreement (IA) adopted by the County, District, and Cities of Murrieta and Temecula (Permittees) on March 1, 2005, a cost sharing provision berivicen the Permittees was established. Per the IA, Item 3 "Shared Costs" provides for annual cost sharing of estimated regional program costs ("Estimated Costs"), with the "Combined Contribution" from the County and Cities not to exceed $500,000 annuall}'. Although Item 3 also notes that the District shall im~oice the County and Cities for their "Individual Contribution" to the total "Combined Contribution" in two installments (50% each installment), it has been verbally agreed by all Permittees that this year the District will invoice the County and Cities for their contribution of the Fiscal Year 2007-08 "Estimated Costs" in one installment (100% contribution). The District has determined the "Estimated Costs" for the period of July 2007 through June 2UU8 to be 8406,830.00 with a "Combined Contribution" total of $468,860.00. Attached for your review is a breakdown of the costs including the Past Fiscal Year Actuals (FY 2006-07) the Current Fiscal Year Budget (FY 2007-08) and the Corrected FY 2007-08 "Individual Contribution" due for each agency. Per the calculations shown, your Agency's contribution is 8140,248.84. Therefore, per the attached Invoice No. F000000091_51, please remit 8140,248.84 as payment for the full amount and mail to the following address. Please note that payment is due within 60 days of receipt of invoice. Riverside County Flood Control & Water Conservation District 1995 Market Street Riverside, California 92501-1770 Attention: Accounts Receivable Re: FY 2007-2008 Cost Sharing Reimbursement Regional Program Costs for Santa Margarita NPDES Permit The District appreciates your continued cooperation and prompt response to this request. If you have any questions concerning this matter, please feel free to call Jason Uhley at 95 ] .95.1273 or Tina Tucson at 951.9».8602. Very truly yours, ~- F'~c=- WARREN D. WILLIAMS General Manager-Chief Engineer Attachments: Cost Breakdown Invoice c: Santa Margarita NPDES Permit Representatives (via c-mail) NPDES File PLN:cw MAKE CHECK PAYABLE TO: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRIC i 1995 MARKET STREET RIVERSIDE, CA 92501 CITY OF TEMECULA P.O. BOX 9033 TEMECULA CA 92589-9033 County of Riverside INVOICE Page: Invoice No: Invoice Date: Customer Number: Payment Terms: Due Date: Contact Person: Inquiry Number: 1 F00000009151 01 /30/2008 FC-000576 30 Days 02/29/2008 Flood Control Accounts Receiva 951-955-1245 For biiiinq quesiions,_piease cafi 95 i-955-i25 Line Adi Identifier Description Quantity UOM Unit Amt Net Amount 1 FY 07-08 COST SHARING REIMB 1.00 EA 140,248.84 140,248.84 CUSTOMER NOTE: REGIONAL COSTS FOR SANTA MARGARITA NPDES MUNICIPAL STORMWATER PERMIT 67989922/8900980 SUBTOTAL: 140,248.84 TOTAL AMOUNT DUE :_ i4o 248.84 Please Remit To: Invoice No: Flood-Accounting-Rvrsd Invoice Date: Requestor Customer Number: Flood Control Accounting 1995 Market St AMOUNT DUE: Riverside CA 92501 United States Enclosed: ATTN: FC-AIR STANDARD F00000009151 01/30/2008 FC-000576 140,248.84 O_igina7 ii7~i. SANTA MARGARITA RIVER WATERSHED CO-PERMITTEE COST SHARING FOR REpONAL NPDES PROGRAM COSTS FISCAL YEAR 2007 2008 Past Fiscal Year Actual s Currert Fiscal Year Budget Regional Program "Estimated Costs" for Fiscal Year 2007-08: S219,325 S406,830 District "Internal Casts" for Administerin Local and R Tonal Services: 5342,884 S412,030 Assessment F~venue Reserve u to 20° o r A reement 535,000 535.000 Total NPDES Program Costs: 5597,208 5853,860 "Assessment Revenues": $384,028 5385,000 "Internal Costs" -5377,884 5447,030 Additional "District Contribution" to Regional Programs: $6,144 v~62,030 "Estimated Costs": $219,325 5406,830 Additional "District Contribution": -$6,144 562,030 "Combined Cortribution" (County and Cities): S213,181 5468,860 AGENCY Weight Weight Coun 20.90% 27.23% Murrieta 38.03% 33.86% Temecula 41.07% 38.92% Totals: 100.00°/ 100.00°/ AGENCY Cast Share Cost Share Coun $44,553 S127,652 Murrieta 581,082 5158,736 Temectla S87,546 S182,472 Totals: 5213,181 S-'168.850 Source: State of Cal iforria, Department of Finance, E 1 City/Courty Fbpulation Estimates with Amual Percent Change. January 1, 2006 and 2007. Sacramento, Calrfornia May 2007. FY Ofi~07 FY 06/07 FY 06/07 FY 07/08 Corrected AGENCY Payments Aduals Correction &~dget FY 07/08 County Murrieta $66,090.85 $120,393.01 544,552.76 $81,081.79 S21,538.09 $39,311.22 $127,651.58 S158,736.48 $106,113.49 $119,425.26 Temecula $129,769.35 $87,54625 $42,223.10 5182,471.94 $140,248.84 Totals: 5316,253.21 5213,180.80 $103,07241 5468,860.00 $365,787.59 AGENCY ~ ~ FY 07-08 County 5106,113.49 Murrieta $119,425.26 Terrtecula 5140,248.84 Totals: 5:165,787.59 /j _.... : ' _ r '1 ' 91463.1 1 AGREEMENT - 2 National Pollutant Discharge Elimination System Stormwater Discharge Permit 3 Implementation Agreement San Diego Region 4 (Santa Margarita Drainage Area) 5 6 This Agreement, entered into by the RIVERSIDE COUNTY FLOOD CONTROL 7 AND WATER CONSERVATION DISTRICT (the "DISTRICT"), the COUNTY OF RIVERSIDE g (the "COUNTY"), and the CITIES OF MURRIETA and TEMECULA (the "CITIES"), establishes 9 the responsibilities of each party concerning compliance with the National Pollutant Discharge 10 Elimination System ("NPDES'~ Municipal Sepazate Storm Sewer System ("MS4") Dischazge Permit 11 (the "NPDES Permit") issued by the California Regional Water Quality Control Boazd -San Diego 12 Region (CRWQCB-SDR) pursuant to Order No. R9-2004-001. 13 RECITALS ` ~: 14 i WHEREAS, Congress in 1987 added Secfion 402(p) to the Federal Clean Water Act 15 (CWA) (33 U.S.C.§1342(p)); and ' 16 WHEREAS, Section 402(p) of the CWA requires certain municipalities to obtain 17 NPDES Permits in order to discharge storm water from MS4s to waters of the United States; and 18 WHEREAS, Section 402(p) of the CWA requires operators of certain industrial 19 facilities to obtain NPDES Permits for storm water dischazges associated with designated industrial 20 activifies, including construction activities; and I 21 WHEREAS, Section 402(p) further requires the United States Environmental 22 Protection Agency (EPA) to promulgate regulations for NPDES Permit applications; and 23 WHEREAS, EPA ado ted such re p gulations in November 1990; and 24 WHEREAS,. EPA delegated authority to the Califon3ia State Water Resources 25 Control Board ("SWRCB") to administer the NPDES Permit process within the boundaries of the 26 _ State of California; and ~ 27 WHEREAS, SWRCB has in turn delegated its NPDES permitting authority to the 28 California Regional Water Quality Control Boards to administer the NPDES Permit process within the boundaries of their respective regions; and -1- MAR - 12005 I1.~ . __ __ 91463.1 WHEREAS, the jurisdiction of the California Regional Water Quality Control Board-San Diego Region ("CRWQCB-SDR") includes that portion of Riverside County known as the Santa Margarita Region; and WHEREAS, DISTRICT was created to provide for the control of flood and storm 5, 6' 7' 8I, 91~I 10~ 111 12 13 14 15. 16~ 17 18 19 20 21 22 23 24 25 26 a 27 28 waters within the County of Riverside and is empowered to investigate, examine, measure, analyze, study and inspect matters pertaining to flood and storm waters; and WHEREAS, on May 30, 2003, DISTRICT, COUNTY and CITIES submitted a Report of Waste Discharge as an application to renew NPDES Permit No. CAS0108766; and WHEREAS, the application for renewal of the NPDES Permit was submitted in accordance with the provisions of the previous NPDES Permit (Order No. R9-98-02, NPDES No. CAS0108766) which expired on November 8, 2003; and WHEREAS, on July 14, 2004, CRWQCB-SDR adopted Order No. R9-2004-001 to serve as Waste Discharge Requirements in accordance with Section 13263(a) of the Califomia Water Code and as an NPDES Permit pursuant to Section 402(p) of the CWA; and WHEREAS, the NPDES Permit issued pursuant to Order No. R9-2004-001 meets both the requirements of Section 402(p)(3)(B) of the CWA and those requirements issued under CRWQCB-SDR discretionary authority in accordance with Section 402(a)(1)(B) of the CWA; and WHEREAS, the NPDES Permit designates DLSTRICT as "PRINCIPAL PERMTTTEE" and DISTRICT, COUNTY and CITIES as "PERMTTTEES"; and WHEREAS, cooperation between PERMITTEES in the administration and implementation of the NPDES Permit is in the best interest of PERMITTEES; and WHEREAS, DISTRICT is willing to utilize its staff to coordinate the activities of PERMTTTEES to facilitate compliance with the NPDES Permit and CWA requirements; and WHEREAS, DISTRICT established the Santa Margarita Watershed Benefit Assessment Area (the "BENEFIT ASSESSMENT") pursuant to District Ordinance 14 on May 14, 1991 to offset the DISTRICT's program and administrative costs associated with the development, implementation and management of the federally-mandated NPDES Program and DISTRICT is willing to use the BENEFIT ASSESSMENT funds to support DISTRICT'S role as PRINCIPAL -2- t ` • s 91463.1 " "'+i 1 PERMITTEE and to support regional program costs to the extent that BENEFIT ASSESSMENT 2 funds aze available; and 3 WHEREAS, PERMITTEES aze to perform and/or execute certain activities 4 prescribed in the NPDES Permit that will benefit all parties. 5 NOW, THEREFORE, the parties hereto do mutually agree as follows: 6 1. Incorporation of the NPDES Permit. The NPDES Permit issued to ~ PERMITTEES by CRWQCB-SDR pursuant to Order No. R9-2004-001 is attached to this 8 Agreement as Exhibit "A" and is hereby incorporated by reference in its entirety and made a part of 9 this Agreement. 10 2. Dele¢ation of Responsibilities. The responsibilities of each of the parties shall 11 be as described in the NPDES Permit and reiterated as follows: 12 a. DISTRICT shall assume the responsibilities and meet the 13 requirements of the NPDES Permit by: 14 (1) Complying with Section M (Principal Pemuttee IS Responsibilities), including providing COUNTY and CLTIES 16 an opportunity to review and comment on the Watershed 17 Storm Water Management Plan (SWMP), Watershed SWMP 18 Annual Report and any other reports prepared by the District 19 for the Permittees. 20 (2) Complying with Sections A through N (Prohibitions, Non- 21 Storm Water Discharges, Receiving Water Limitations, Legal 22 Authority, SWMP, Development Planning, Construction, 23 Exisfing Development, Education, Illicit Discharge Detection 24 and Elimination Program, Watershed-Based Activities, 25 Monitoring and Reporting Program, and Standard Provisions, 26 i 27 respectively), as they pertain to DISTRICT facilities and 28 operations, at no cost to COUNTY and CI'T'IES. (3) Coordinating watershed efforts specified in Provision K. 3 91463.1 "' 1 b. COUNTY and CITIES shall, at no cost to DISTRICT, assume the 2 responsibilities and meet the requirements of the NPDES Permit for 3 land azea within their individual jurisdictions by: 4 (1) Complying with Sections A through N (Prohibitions, Non- 5 Storm Water Discharges, Receiving Water Limitations, Legal 6 Authority, SWMP, Development Planning, Construction, ~ Existing Development, Education, Illicit Discharge Detection 8 and Elimination Program, Watershed-Based Activities, 9 Monitoring and Reporting Program, and Standazd Provisions, 10 respectively), as they pertain to COUNTY and CITIES 11 facilities and operations. 12 (2) Demonstrating compliance with NPDES Pernut requirements 13 through timely implementation of the approved Individual \ 14 ~' and Watershed SWMPs and any approved modifications, 15 revisions or amendments thereto. 16 (3) Providing to DISTRICT (on DISTRICT provided forms) 17 information needed to satisfy the reporting requirements as 18 described in the Provisions E, L and K or to respond to 19 information requests from the CRWQCB-SDR. COUNTY 20 and CITIES shall specifically: 21 (a) Submit their Individual S WMPs and data necessary to 22 prepare the Watershed SWMP and Receiving Waters 23 Monitoring Reports no later than September 15 of 24 each year. 25 (b) Provide information on existing MS4 facilities and/or 26 '~ i 27 other data as it pertains to COUNTY or CITIES 28 facilities when requested by DISTRICT. a Public Education Program. On behalf of PERMITTEES, DISTRICT 4 - ~ 91463.1 1 '~~ shall conduct public education activities on a regional basis that focus 2 on reducing pollution of Urban Runoff within the Santa Margarita 3 Region, including radio and print advertising, developing brochures, 4 and attending public events. DISTRICT shall also develop and 5 implement mechanisms to determine the effectiveness of the regional 6 public education program. The COUNTY and CTI'IES shall be 7 individually responsible for developing and implementing public 8 education programs targeted at individual communities or 9 stakeholders within their respective jurisdictions. 10 d. Monitoring Program. DISTRICT shall perform sampling of surface 11 water and urban runoff in accordance with the provisions of the 12 NPDES Permit Monitoring and Reporting Program (M&RP), 13 Provision II,A. The location of the sampling sites shall be detemuned 14 . by PERMTfTEES, subject to approval by CRWQCB-SDR. The IS PERMTTTEES shall be individually responsible for complying with 16 Provision II.B of the M&RP. The DISTRICT shall also enter into a 17 contract with a local lab to provide analysis of water quality samples 18 collected under the M&RP for PERMITTEES. The contract shall be 19 used strictly for water quality samples collected to comply with 20 Provision II of the M&RP. 21 e. Consultant's Services. In the event DISTRICT requires the services 22 23 of a consultant or consultants to assist in preparing manuals, developing programs or performing studies relevant to the entire 24 Santa Margarita Region, the cost of said consultant services shall be 25 26 shared by PERMITTEES in accordance with the cost sharing '. '1 l 27 provisions set forth in Section 3 of this Agreement. COUNTY and ~ 28 CTTIES shall be notified in writing of DISTRICT'S request for proposals from consultants, selection of a consultant, consultant's fee, -g- 91463.1 _;'l 1 contract timetable and payment schedule, and be allowed the 2 opportunity to participate indecisions related to consultant's services. 3 f. Support for Regional Programs. The PERMITTEES shall jointly 4 provide funding for certain regional efforts that benefit the Santa 5 Margarita Region, including but not limited to: County 6 Environmental Health's Compliance Assistance Program; the County 7 Fire Department's Hazazdous Materials Team; County Environmental 8 Health's Household Hazardous Waste and Antifreeze, Batteries, Oil 9 and Paint collection program; the DISTRICT'S membership with the 10 California Stormwater Quality Association (CASQA) on behalf of 11 PERMITTEES; the DISTRICT'S administration of Principal 12 Pennittee duties, and other NPDES support activities as needed. 13 Where these programs aze implemented countywide in support of 14 other NPDES permit regions, the DISTRICT shall estimate the 15 portion of the total cost of these regional programs that benefits the 16 Santa Margarita Region. 17 g. Regulation and Enforcement. COUNTY and CITIES shall be 18 responsible for the regulation and enforcement of local ordinances 19 and regulations within their respective jurisdictions to ensure 20 compliance with the NPDES Permit. This includes the exercise of 21 land use controls, the exercise of police powers and the enforcement 22 of ordmances that COLINTY or CTI'IES presentlyhave adopted or 23 will adopt in the future: 24 3. Shared Costs. Costs for services to be performed in accordance with Sections 25 2.c., 2.d., 2.e. and 2.f. of this Agreement shall be shared by the PERMITTEES in accordance with 26 ~ the procedure specified below. 27 In December of each year of this Agreement the DISTRICT shall: 28 a. Estimate the costs of services specified in Sections 2.c., 2.d., 2.e. and -6- :, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ', 18 19 20 21 22 23 24 25 26 27 28 I 91463.1 2.f. for the upcoming fiscal year (ESTIMATED COSTS); b. Estimate the DISTRICT'S internal costs for developing, implemen$ng and administering the NPDES program in the Santa Margarita Region as specified in 2.a. (INTERNAL COSTS); and c. Estimate the revenues expected from the BENEFIT ASSESSMENT program (the "ASSESSMENT REVENUES"). d. Determine actual costs for NPDES programs administered in the previous fiscal year. e. Determine Credits or Debits (the "CREDITS" or "DEBITS") due to COUNTY and CITIES based on the difference of the actual contributions from the previous fiscal yeaz with the actual contributions provided by the COUNTY and CITIES for that fiscal year. By February 1 of each year of this Agreement, the DISTRICT, CITIES and COUNTY, through a NPDES representative assigned by the General Manager-Chief Engineer, City Managers, and County Executive Office, respectively, shall approve, by majority vote, ESTIMATED COSTS for the upcoming fiscal year. 3.1 DISTRICT Contribution The DISTRICT contribution (the "DISTRICT CONTRIBUTION") to programs specified in Sections 2.c., 2.d., 2.e., and 2.f. for the upcoming fiscal year shall be determined using the following formula: DISTRICT CONTRIBUTION =ASSESSMENT REVENUES -INTERNAL'. COSTS - 20% ASSESSMENT REVENUE. 1 If the calculation yields a negative result, the DISTRICT shall have no contribution for the upcoming fiscal year other than the INTERNAL COSTS it has incurred. 3.2 COUNTY and CITIES Contribution i District retains 208 of assessment revenue as a reserve for District's administrative and program costs associated with the NPDES Permit pursuant to RCFC&WCD Ordinance No. 14. _ ]_ - ~~ 91463.! 1 The total shared COUNTY and CITIES contribution (the "COMBINED 2 CONTRIBUTION") shall be determined using the following formula: 3 COMBINED CONTRIBUTION = ESTIMATED COSTS - DISTRICT' 4 CONTRIBUTION 5 The COUNTY and individual CITIES respective pro rata share of the COMBINED 6 CONTRIBUTION (the "INDIVIDUAL CONTRIBUTION) shall be determined on the basis of an 7 equally weighted average of population and Benefit Assessment Units within the Santa Margarita 8 Region of Riverside County. More specifically, such percentage contribution shall be calculated as 9 the equally weighted average of: 10 a) the population of COUNTY or individual CITIES within the Santa Mazgarita 11 Region, divided by the total population of the COUNTY and CITIES in the Santa 12 Margarita Region and; 13 b) the calculated number of Benefit Assessment Units (BAU) for COUNTY or 14 individual CITIES, divided by the total BAU for COUNTY and individual 15 CITIES. 16 The INDIVIDUAL CONTRIBUTION shall be fiuther adjusted by any CREDITS or DEBITS due 17 from the previous fiscal year. 18 The population of CITIES shall be determined by the latest California State 19 Department of Finance population figures issued in May of each year. COUNTY population shall 20 be based on the most current Tax Rate Area (IRA) information best fitting the NPDES PERMIT 21 area. 22 The BAU count of COUNTY and CITIES shall be estimated by comparing the most 23 current TRA information best fitting the NPDES PERMIT azea with the Assessment Rolls from the 24 current fiscal year's BENEFIT ASSESSMENT Engineer's Report. 25 COUNTY and CITIES may generate credits toward payments due by providing labor 26 or services in lieu of cash payments. DISTRICT shall determine value of labor or services based on 27 ESTIMATED COSTS for the fiscal year. 28 Starting in Fiscal Year 2004-2005, DISTRICT shall invoice COUNTY and CITIES 8 91463.1 '~~ 1 for INDNIDUAL CONTRIBUTION in two installments. The first installment, for 50% of 2 INDNIDUAL CONTRIBUTION, shall be prepazed upon approval of this ageement, or after Fiscal 3 Yeaz 2004-2005, at the beginning of the fiscal year, by DISTRICT and paid within 60 days of receipt 4 of invoice from DISTRICT. The second installment, due for the balance of INDNIDUAL 5 CONTRIBUTION, will be invoiced after January 1 of the current fiscal year and shall be paid by 6 Apri130 or within 60 days of invoice from DISTRICT if received after March 1. The COMBINED 7 CONTRIBUTION for COUNTY and CTI'IES shall not exceed $500,000 annually under this 8 Ageement. 9 4. Term of the Agreement. The term of this Ageement shall commence on the date 10 of execution by the last duly authorized representative of the PERMITTEES. The term of the 11 Ageement shall be indefinite or as long as required for compliance with the CWA, unless each of 12 the pazties withdraws in accordance with the terms of this Ageement. 13 5. Additional Parties. Any City which incorporates after the date of issuance of the ,,, 14 NPDES Permit and/or after the date of execution of this Ageement may file a written request with 15 DISTRICT asking to be added as a party. Upon receipt of such a request, DISTRICT shall solicit 16 the approval or denial of PERMITTEES. If a maj ority of the PERMITTEES, each having one, co- 17 equal vote, approves the addition of the City, DISTRICT, on behalf of the PERMITTEES, will ask 18 CRWQCB-SDR to add the City to the NPDES Permit as an additional Permittee. Once the City is 19 made an additional PERMTfTEE to the NPDES Permit, this Ageement shall be amended to reflect 20 the addition, and the City shall, thereafter, comply with all provisions of the NPDES Permit and this 21 Agreement. Upon execution of the amended Ageement, the City shall be responsible for the shazed 22 costs discussed in Section 3 of this Ageement for the current and any subsequent budget yeaz. 23 6. Withdrawal from the Ageement. Any party may withdraw from this Ageement 24 60 days after giving written notice to DISTRICT and CRWQCB-SDR. The withdrawing party shall 25 agee in such notice to file fora separate NPDES Permit and to comply with all of the requirements 26 ~ 27 established by CRWQCB-SDR. In addition, withdrawal shall constitute forfeiture of all of the withdrawing party's share of the costs paid as described in Section 3. The withdrawing party shall 28 be responsible for all lawfully assessed penalties as a consequence of its withdrawal. The cost 9 91463.1 1 allocations to the remaining parties shall be recalculated in the following budget year. 2 7. Non-compliance with Permit Requirements. Any party found to be in non- 3 compliance with the conditions of the NPDES Permit within its jurisdictional boundaries shall be 4 solely liable for any lawfully assessed penalties. Common or joint penalties shall be calculated and 5 allocated between the affected parties in equal shazes. 6 8. Amendments to the A Bement. Except as provided in Section 5, this Agreement 7 may only be amended by consent of all parties to this Agreement. No amendment to this Agreement 8 shall be effective unless it is in writing and signed by the duly authorized representatives of all 9 parties to the Agreement. 10 9. Authorized Si atories. The General Manager-Chief Engineer of DLSTRICT, the 11 Chief Executive Officer of COUNTY and the City Managers of CITIES (or their designees) shall 12 be authorized to execute all documents and take all other procedural steps necessary to file for and 13 obtain an NPDES Permit(s) or amendments thereto. ,, 14 10. Notices. All notices shall be deemed duly given when delivered by hand; or three 15 (3) days after deposit in the U.S. Mail, postage prepaid. 16 11. Governine Law. This Agreement shall be governed and construed in accordance 17 with the laws of the State of California. If any provision or provisions of this Agreement shall be 18 determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the 19 remaining provisions shall not in any way be affected or impaired hereby. 20 12. Consent to Waiver and Breach. No term or provision hereof shall be deemed 21 waived and no breach excused, unless the waiver or breach is consented to in writing, and signed by 22 the pazty or parties affected. Consent by any party to a waiver or breach by any other party shall not 23 constitute consent to any different or subsequent waiver or breach. 24 25 13. Applicability of Prior Agreements. This Agreement and the exhibits attached hereto constitute the entire Agreement between the parties with respect to the subject matter; all prior 26 ~ 27 agreements, representations, statements, negotiations and undertakings are superseded hereby. 28 14. Execution in Counter. This Agreement maybe executed and delivered in any number of counterparts or copies (counterparts) by the parties hereto. When each party has -10- '~i 91463.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '. 23 24 25 26 27 28 signed and delivered at least one counterpart to the other parties hereto, each counterpart shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the parties hereto. /// -11- 91463.1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date the last duly authorized representative executed it. This Agreement will only become effective when fully executed by each of the parties hereto. VERSIDE COUNTY FLOOD CONTROL B COMMENDE ~PROVAL: B D WATER CONSERVATION DISTRICT Y Y ~^? WARREN D. WILLIAMS MARIONTLEY, Chaii an General Manager-Chief Engineer District Board of Supervisors Dated: 2~ 7/~ ~ ~~ APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel By DAVID H. K. HUFF, Deputy ATTEST: NANCY ROMERO By rk to th~~t~~~~'~' ~ / n s~-~ Deputy (SEAL) iC0 NDE O PR VAL: COU~NjTY~O~F RIVERSIDE L S MARIO ASHLEY, Chairman County Executive Officer Riverside County Board of Supervisors ATTEST: Dated: ,.~-~ /(p -0}' 23 24 25 JU:MHW:bIj 26 01/03/05 \ 27 28 NANCY ROMERO Clerk to the Board By ~ _ Deputy (SEAL) -12- ` ~~~ e ~ 2UU5 ~ 1 )r 91463.1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date the last duly authorized representative executed it. This Agreement will only become effeFtive when fully executed by each of the parties hereto. FOR APPROVAL: By ARREN D. WILLIAMS :neral Manager-Chief Engineer verside County Flood Control d Water Conservation SIDE COUNTY FLOOD CONTROL AND WA NSERVATION DISTRICT By JAMES A. VENABLE, Chairman District Boazd of Supervisors APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN C ounsel `n / / By v~k~/ ~'T'(~ ~ _ VID H. K. HUFF, Deputy Dated: ~ Z~ Z Z~ C~ y ATTEST: Y ROMERO Clerk to the By Deputy (SEAL) NDED FOR APPROVAL: Y OF RIVERSIDE By By LARRY PARRISH ROY WILSON, Chairman County Executive Officer Riverside County Board of Supervisors Dated: ATTEST: 7U:I~IHW:bIj 11/16/04 Y ROMERO Clerk to the By Deputy (SEAL) -13- 91463.1 APPROVED AS TO FORM: „\ B City Attorney ATTEST: By Dated: ~ - ~o ' OS City Clerk 1 -14- CITY OF MURRIETA APPROVED AS TO FORM: ~' BY Cltyt~tt0 ey peter M. Thorson A ;j 91463.1 -14- Dated: ~ /7-d /~ ITEM RI~J. 9 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: April 8, 2008 SUBJECT: Geotechnical and Material Testing Professional Service Agreement for the Old Town Infrastructure Projects PW06-07 (C & E) PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP David McBride, Senior Engineer RECOMMENDATION: That the City Council: Award an Agreement with Leighton Consulting, Inc. to provide professional geotechnical & material testing services associated with the Old Town Infrastructure Projects PW06-07 (C & E), in the amount of $50,130.00 and authorize the Mayor to execute the Agreement. 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $5,013.00, which is equal to 10% of the Agreement. BACKGROUND: On March 18, 2008, City Council award a construction contract for Old Town Infrastructure Improvement Projects involving construction of a new Town Square and improvement of the utilities and streets adjoining the proposed Civic Center. The purpose of this Professional Service Agreement is to provide the necessary soil and testing material testing needed for these infrastructure projects. The Public Works Department requested proposals from six (6) different firms with extensive experience in geotechnical & material testing of similar projects. Five (5) firms responded to the proposal and they all have prior experience working with the City except one firm. Staff rated Leighton Consulting, Inc. as the firm providing the most qualified and cost effective proposal and they have extensive experience with similar projects. Leighton will provide all the geotechnical & material testing services shown in Exhibit "A" of the attached agreement. FISCAL IMPACT: The Old Town Infrastructure Projects (Town Square & Mercedes and Main Street Improvements) PW06-07 (C & E) are funded with Redevelopment Agency Bond Proceeds. Adequate funds are available within project accounts No. 210-165-636-5805 and 210- 165-643-5805 for this $55,143.00 request, which includes the $50,130.00 contract plus a $5,013.00 contingency. ATTACHMENTS: Professional Service Agreement with Leighton Consulting, Inc. AGREEMENT FOR PROFESSIONAL GEOTECHNICAL & MATERIAL TESTING SERVICES BETWEEN THE CITY OF TEMECULA and LEIGHTON CONSULTING, INC. Old Town Infrastructure Projects (Streets & Town Square Improvements) PW06-07 (1 C and 1 E) THIS AGREEMENT is made and effective as of April 8, 2008, between the City of Temecula, a municipal corporation {"City") and Leighton Consulting, Inc. {"Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on April 8, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than March 31, 2009, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, ar mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. A. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A other than the payment rates and schedule of payment are null and void. This amount shall not exceed FIFTY THOUSAND ONE HUNDRED THIRTY DOLLARS and NO CENTS ($50,130.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. CiProgram Files (x88)SNeevia.COmSDOCUmerrt Corroer[er5tem p\875799DOC B. Cansultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement but in no event shall the total sum of the agreement exceed the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty {30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5. 7. DEFAULT OF CONSULTANT. A. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. B. If the City Manager or his delegate determines that the Cansultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Cansultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. z C:SProgram Files (x86)SNeevia.COmSDOCUmerrt Corroer[er5tem p\875799DOC 8. OWNERSHIP OF DOCUMENTS. A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three {3) years after receipt of final payment. B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. A. Indemnity for Professional Services. In the connection with its professional services, Consultant shall defend, hold harmless and indemnify City, District, and/or Agency and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City or Agency officials, {collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub-consultants, or agents in the performance of its professional services under this Agreement. Consultant shall defend the Indemnities in any action or actions filed in connection with any such claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. B. Other Indemnities. In connection with all claims not covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the City, District and/or Agency and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to Consultant's performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 3 C:SProgram Files (x86)SNeevia.COmSDOCUmerrt Corroer[er5tem p\875799DOC 10. INSURANCE REQUIREIUIENTS. Consultant shall procure and maintain far the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the City, District, and/or Agency, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: C:SProgram Files (x86)SNeevia.COmSDOCUmerrt Corroer[er5tem p\875799DOC 1) The City, District, and/or Agency its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, District, and/or Agency its officers, officials, employees or volunteers. 2.) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, District, and/or Agency its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, District, and/or Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, District, and/or Agency its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty {3Q) days' prior written notice to the City. 6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer, phone, fax and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. F. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. C:SProgram Files (x86)SNeevia.COmSDOCUmerrt Corroer[er5tem p\875799DOC Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, ar other compensation to Consultant for performing services hereunder for City. City shall not be liable far compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena ar court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant andlor be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. 6 C:SProgram Files (x86)SNeevia.COmSDOCUmerrt Corroer[er5tem p\875799DOC To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Leighton Consulting, Inc. 41715 Enterprise Circle Morth, Suite 103 Temecula, CA 92590-5661 Attention: Arasan Singanayaham, Project Engineer 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses far the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19 ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 2Q. AUTHORITY TO EXECUTE THIS AGREEMENT. The person ar persons executing this Agreement on behalf of Consultant warrants and represents that he or she has 7 CiProgram Files (x88)SNeevia.COmSDOCUmerrt Corroer[er5tem p\875799DOC the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney Leighton Consulting, Inc. 41715 Enterprise Circle North, Suite 103 Temecula, CA 92590-5661 Phone: (951} 296-0530 Fax: (951 } 296-0534 Name: Title: By: Name: Title: [Signatures of Two Corporate Officers Required] 8 CiProgram Files (x88)SNeevia.COmSDOCUmerrt Corroer[er5tem p\875799DOC EXHIBIT A TASKS TO BE PERFORMED & PAYMENT RATES C:SProgram Files (x86)SNeevia.COmSDOCUmerrt Corroer[er5tem p\875799DOC Tasks Staffing Estimated Estimated Total Task Duratiai hrs per Hoursl Estimated (weeks} week Quantities Fee Rate Cast Geotechnical Services Review of project plans & specification with emphasis on geotechnical and material testing services and attend oreconstruction and oroaress meetings. as required Plans and Soecifcation Review Eng d En - - 3 _ _ ~ $145 $435.00 $170 $170.00 $145 $580.00 $75 $300.00 $10 $80.00 $1,565.00 Vehicle Charges 8 Suh Total Geotechnical Observation and Testing During Grading of Town Square (Estimated 2 weeks total duration $75 $6,000.00 $145 $580.00 $10 $840.00 $7,420.00 Field Observation and Testing During Street Grading, Subgrade Compaction and Aggregate Base Compaction Pavements, curb and gutter and Sidewalk: Mercedes Street and Main Street (Assumed 5 weeks total duration, part-timelon-call as needed basis} Field Observation and Testing During Improvements Associated with Town Square, Subgrade and aggregate base compaction testing far Concrete Pavers, Side Walk, Minor Retaining wall, Fountain Structure, Foundation Excavation Observation etc. [Estimated 4 weeks part-timelon call as needed basis Field Observation and Field Technician -Chris/Ben 5 20 100 5 1 5 105 Sub Total 4 10 40 4 1 4 44 Sub Total $75 $3,000.00 $75 $3,000.00 $75 $6,000.00 $75 $1,500.00 $145 $725.00 $10 $1,850.00 $16,075.00 $75 $7,500.00 $145 $725.00 $10 $1,050.00 $75 $3,000.00 $145 $580.00 $10 $440.00 $4,020.00 Geotechnical Observation and Testing During Utility Trench Backfill (Estimated 2 weeks sewer, 2 weeks water, 4 weeks storm drain and -Full time and on-call as needed basis observation and testinal Geotechnical Laboratory Testing Maximum Dry Density and Optimum Moisture .. Soil Laboratory Technician . ... ... .... .... ... ...s.... . .... ... ... . ~ 4 .... ... ... .... . ...~ $182 $728.00 ..... Gradation ...... y ... .. ... .. ... .. ... . . .. ... ..... .. Soil Laborator Technician € .. ... .. . . . ~ ............... 2 $175 $350.00 Sand Equivalent Soil Laboratory Technician 3 $105 $315.00 R-value (Aggregate Base) Soil Laboratory Technician € € 3 $310 $930.00 Durability Soil Laboratory Technician € 3 $120 $360.00 Expansion Index ................................................... Soil Laboratory Technician .... ......................................;,............................. 2 .................,..,.....,:...., $131 $262.00 Sub To tal $2,945.00 Materials Inspection and Testing {If Required) ,,...Structural.Steel,Field„Inspection„(As.stated on Fountain Structural Detail, Sheet F1.4, Note 2, in Structural Steel) ...................................... ............................................................................................................................................... ......... .......................................................4........ ......... $75 $300.00 Vehicle Charges 4 $10 $40.00 Sub Total $340.00 personn anticipated Geotechnical Conditions. Final Compaction reports {Three trench backfill compaction letters and one Compaction report for grading and pavement Provide summary of field activities documenting field observation and testing services. Provide recommendations ager Engineer- Arasan/Kandee 10 $145 $1,450.00 10 $145 $1,450.00 rl $2,900.00 25 $145 $3,625.00 4 $170 $680. 00 5 $65 $325. 00 4 $110 $440. 00 8 $65 $520. 00 ial $5,590. 00 Total Estimated Cost $5n,13o.nn Leighton Consulting, Inc. n rsro~rroN cnouP comP.:nV P611-00433 2008 PROFESSIONAL FEE SCHEDULE* CITY OF TEMECULA -OLD TOWN INFRASTRUC TURE PROJECT Town Square and Mercedes & Main Street Improvements Project No. PW06-07 PROFESSIONAL SERVICES Technical Staff Hourly Rate Soil/Field Technician (Prevailing Wage) " ................................ ... ....................._...____$346 $75 Special Inspection, Structural Steel (Prevailing Wage)" ............... .._.._................................80 75 Staff Engineer/GeologisUSCientisUFiold Supervisor ........................ ......................................323 115 Senior Staff Engineer/GeologisUScientist ....................................... ......................................138 Operations ManagerlEquipment Operator ...................................... ......................................360 145 Project EngineerlGeologisUSdentist ............................................... ......................................360 145 Senor Project EnginoerlGeologlsUScientist ................................... ......................................376 160 Associate .. ......... ............. ........_.......................................... ......................................108 170 Principal __. ... .._.. -........._ ...................................._.................... ........................ -___235 170 Technical Support Staff Hourly Rate Administrative AssistanUWord Processor._.......~ ............................ _.....,.................-__...__.$78 65 CAD OperatodTechnical Illustrator/GIS Specialist ............... . ..........-. -- .-. - --- -110 Engineering Equipment Unit Rates Vehicle usage _.,.,.. .....__.,__. _ .............__........ .,_.,...,.,., _......_..-.. $12 10 per hour Nuclear density gauge _ .. ................................._......_.............. .... NO CHARGE 88 per day Olhcr cyuiprnenL ............................................................................ ..........Quoted upon request TERMS AND CONDITIONS Overtime far field personnel (technician and field staff level) will be charged at 3-b 1.2 times basic hourly rate listed above up to 12 hours per 24 hour interval, and 2 1.5 times basic hourly rates when exceeding 12 hours in 24 hours, and/or during Sundays and holidays. Expert witness testimony will be charged at 2.0 times the above rates. with a minimum charge of four hours per day. Invoices are rendered monthly, payablo upon roceipt. Proposals are valid for minimum of d0 90 days, unless otherwise stated in the proposal. Heavy equipment, subcontractor fees and exponses, supplemental insurance, travel, shipping, reproduction, and other reimbursable expenses will bo invoiced at cost plus 20%, unless billed directly to, and paid by client. Cllenl agrees to provide all information in Clienlb possession about actual or possible prosatcc of buried utilities and hazardous materials on tho site, and agrees to reimburse Leighton Consulting, Inc. for all costs related to their unanticipatod discovery. These rates are predicated on standard insurance coverage and a limit of liability to our fees for the project. For "paid when paid" contracted work, Leighton Consulting. Inc. shall receive paymont within 10 calendar days from when our Client receives paymont for our services. Minimum Hourly Charges for Field Technicians: 1. Monday-Friday ................ NONE 2-hc+tusa+inimrxn 2. Saturday and Sunday...... NONE 4 ttoursminimum Effective through Dacember 31, 2008, after which remaining work will be billed at then-currant rates. Subject to change based upon project advertised date and changes in California prevailing wage rates. ':n~~~;i:~ +v. - r '~.~e~ _~ci 4~ 715 FNerpnso Circle N, Suite 103 I Temocula, CA 92590 p 1866-Leighton / 1951-296-0534 Leighton Consulting, Inc. ~ 2008 Fee Schedule Identification and Index Properties .................. Unit Rate Moisture Content ........................................................... $20 Moisture and Density (ring samples) ...............................30 Moisture and Density (chunk samples) ...........................58 Moisture Content & Density (Shelby tube/cutting )..... ...40 Atterbery Limits (3 moisture points) ............................... 150 Atterberq Limits (organic)~~~~~~~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ .182 Visual classification of point as nomplastic .............. .......11 Particle Size: Sieve (passing 1 Y,-inch to -!1200)...... .....110 Sieve (passing 6-inch to - #200) ............................... .....175 Hydrometer only ....................................................... .....110 Siovo and Hydrometer (1'/cinch) ............................. .....185 Dispersive Characteristics of Clay Soil (double Coarse (retained on J!4) .. _ ...................................._...... 100 Total Porosity - On Shelby tube sample -calculation only ..................................................... .................. 137 Total Porosity - On other sample -calculation only.... 105 Photograph of sample ................................................... ..11 Shrinkage Limits (wax method) ..................................... 126 Pinhole Dispersion ........................................................ 210 Sand Equivalent (SE. CTM 217) ................................... 105 Percent Passing ft200 Sieve, wash sieve, only (ASTM D 1140) ...................................................... ..70 Organic Matter Content (ASTM D 2974) ....................... ..63 Soil Chemistry pH ............._................................................................ ..42 Electrical Resislivily -single point - as-received moistu re42 Minimum Resistivity (minimum of 3 moisture points)..... ..89 pH and Minimum Resislivily ......................................... 131 Sulfate Content - Gravimetric ..................................... ..68 Sulfate Screen .............................................................. ..32 Chloride Content ........................................................... ..68 Corrosion Suite: pH, chloride. minimum resistivity and sulfate (gravimetric) ................................................ 245 Compaction (moisture and density curves) Standard Proctor (ASTM D 698) Compaction - 4 polnls 4 inch diameter mold ........................................._.......... 182 Modified Proctor (ASTM D 1557) - 4 points 4 inch diameter mold .....................................................220 Check Point ............................................................... ....65 Relative Density (0.1 cubic foot mold) ......................... ..236 Caltrans Wet Density Compaction Curve (CTM 216).. ..250 California Bearing Ratio (CBR) - 3 points " ............... ..500 - 1 point ' .................................................................... ..184 Shear Strength .................................................. Unit Rate Pocket Penetcometer ...................................................... 16 3 Load Direct Shear, Consolidated Undrained 3 Load Direct Shear, Consolidated Drained (<0.05 inlmin.)_.........._ ............................_....__....345 Remolding or Hand Trimming of specimens (3 points) ... 90 Residual Shear -price per additional one-way pass per Oriented or Block Hand Trimming...._ .............................58 Static Uniaxial and Triaxial Strength Tests Unconfined Compression (with stresslslrain plot)......... 135 UU Test - UnconsolidatedlUndrained (per stress)........I68 Consolidated Undrained (CU,R) (per svess) ................ 375 Three Stage Triaxial Tests ............................................608 Consolidation and Swell Tests Consolidation (wlone lime deformation curve) .............195 Each Additional Time Deformation Curve ......................45 Each additional load/unload w!o Tlme Deformation Curve42 Expansion Index (EI, ASTM D 4829-03) ....................... 131 Expansion Index (UBC 16-12) ......................................160 SwelllCdlapse Tesl (A) 10 normal load/unloads wlo time curves ....,.. _ ........................................................... 289 Single Load Swell/Collapse Test (B) Seat, load, and inundate ................................................................105 Collapse Potential of Soils (ASTM D 5333-03) .............220 Laboratory Permeability Tests Penneabilily (Hydraulic Conductivity) - Undisturbed driven tube sample ................................194 - Remolded spedmen ..................................................236 Triaxial Permeability (al one effective slress) ................3I0 - Each Additional Effective Stress .................................121 - Hand Trimming for Horizontal K .................................... 58 - Daily charge for Long Term Tests (> 7 days) ................ 47 Remolding of Tesl Specimens ........................................ 58 Air Permeability (includes moisture & density) .............. 100 Air Permeability (modified for soils) ............................... 173 Caltrans Pavement Subyrade R-values R-value, unVealed soils (CTM 301, 3/2000) ................. 310 R-value, lime a cement treated soils (57% additive).... 338 Sampling Equipment Charges Box of Sample Rings (28 samples per box)......... $125/box Daily Ring-Lined Drive Sampler Equipment Usage.. 371day All soil samples should be frce of hazardous materials. Standard turn-around time fa test results is 10 working days. Samples will be stored for 2 months after which they will be discarded. Prior notification is required if samples need to be stored for a longer time. A monthly storage foe of $10 per bag and $5 per sleeve will be applied. p ~ 866-Leighton f ~ 951-296-0534 page 2 ~ 2 s0eo 302 - t-oe LCI Leighton ITEM N~}. 1a Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: April 8, 2008 SUBJECT: Award a Construction Contract for Citywide Concrete Repairs - FY2007-08, Project No. PW08-01 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP David McBride, Senior Engineer RECOMMENDATION: That the City Council: Award a construction contract for Project No. PW08-01, the Citywide Concrete Repairs FY2007-08, to International Pavement Solutions, Inc. in the amount of $82,969.00 and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $8,296.90 which is equal to 10% of the contract amount. BACKGROUND: This is an annual project which repairs various concrete facilities maintained by the City. The Public Works Maintenance Division has surveyed the City and compiled a list of improvements in need of repair. Damaged curb & gutter, sidewalk, drive approaches, under sidewalk drains, cross gutters, ADA ramps, and spandrels at various locations will be removed and replaced by the project. On February 26, 2008, City Council approved the plans and specifications for the project and authorized staff to solicit construction bids. On Monday, March 24, 2008, ten (10) bids were opened and publicly read aloud. The Engineer's Estimate for the work was $160,000. The results were as follows: 1. International Pavement Solutions, Inc. $ 82,969.00 2. Victor Concrete $ 104,300.00 3. Primo Construction $ 109,386.75 4. Fata Construction & Development $ 127,454.60 5. Elite Bobcat Services, Inc. $ 143,000.00 6. D.G. Yeager Construction Company $ 144,228.51 7. Murrieta Development Company, Inc. $ 144,588.77 8. Dessero Construction $ 158,484.00 9. Del Rio Enterprise, I nc. $ 161,463.70 10. S. Parker Engineering, Inc. $ 193,940.00 The specifications allow for construction duration of twenty five (25) working days or five weeks. Staff has reviewed the bid proposals and found International Pavement Solutions, Inc. to be the lowest responsible bidder. International Pavement Systems has public contracting experience and has successfully undertaken similar projects for the City and other public agencies in Southern California. FISCAL IMPACT: The FY2007-08 Citywide Concrete Repair Project is funded with Public Works Maintenance Budget for routine street maintenance. Adequate funds are available within project account No. 001-164-601-5402 for this $91,265.59 request, which includes the $82,969.00 contract plus an $8,296.90 contingency. ATTACHMENTS: 1. Concrete Repair List (6 pages) 2. Contract City of Temecula ~ra7ias Department of Public Warks Concrete Repair List Project No. PW08-01 LOCATION Item SCOPE OF WORK L W C&G (LF) Sidewalk or Access Ramp iSF) Cross Gutter (SF) Com. Drive Approach (SF} Res. Drive Approach (SFJ Spandrel (SFJ UnderSidewalk Drain (EAJ a 1;15 Busui s ParkDii driest ;Mandrel P ~ F spandrel 14 4 56 43195 Business Park Drive West Sidewalk R & R Sidewalk and Access Ramp 21 6 '126 45320 &45332 Tournament Lane Curb & Gutter R & R Curb & Gutter 51 51 Tournament Lane ®Clubhouse Drive (two locations- 16x6 and 8x6) Cross Gutter R & R Cross Gutter 24 6 144 Southwest corner of Diaz Road and Rancho Way Curb & Gutter R & R Curb & Gutter 37 37 Southwest corner of Diaz Road and Rancho Way Spandrel R & R Spandrel 21 5 105 Southwest corner of Diaz Road and Rancho Way Spandrel R & R Spandrel 20 16 320 Southwest corner of Diaz Road and Rancho Way Spandrel R & R Spandrel 23 5 115 Southwest corner of Diaz Road and Rancho Way Sidewalk R & R Sidewalk 18 6 108 Southwest corner of Diaz Road and Rancho Way Curb & Gutter R & R Curb & Gutter 10 10 Rancho Way Q Diaz Cross Gutter R & R Cross Gutter 54 6 324 Northwest corner of Diaz Road and Rancho Way Spandrel R & R Spandrel 18 17 306 31045 Ruitlosa Sheet Curb &Gulter R & R Curb & Gutter 38 38 Entl of Uia Gilberto -5 feet from Guard Rail Sidewalk R & R Sidewalk 4 6 24 End of Cul-de-Sac on Corle.Anacapa (lwo Locations) Sidewalk R & R Sidewalk & Root Prune 32 6 192 45738 Creekside Sidewalk R & R Sidewalk 11 6 66 28075 Jefferson Avenue (eastside -2 locations both 10x6) Sidewalk R & R Sidewalk 20 6 120 28790 Las Haciendas -east of drive approach Sidewalk R & R Sidewalk 6 42 41900 Moreno Roatl (motel 6) bywest drive approach Curb & Gutter R & R Curb & Gutter 40 40 41900 Moreno Roatl (motor 6) by west drive approach Sidewalk R & R Sidewalk 15 6 90 41900 Moreno Road (motor 6) by east drive approach Curb & Gutter R & R Curb & Gutter 72 72 Pdloreno Roatl southside 100 (eet west of motel 6 Sidewalk R ~ R Sidewalk 45 6 270 Page 1 Of 6 r:lciplprojecis1pw081pwo8-Oi citywide pcc repairs1fy07-Q8 repair listxls City of Temecula ~ra7ias Department of Public Warks Concrete Repair List Project No. PW08-01 LOCATION Item SCOPE OF WORK L W C&G (LF) Sidewalk or Access Ramp iSF) Cross Gutter (SF) Com. Drive Approach (SF} Res. Urive Approach (SFJ Spandrel (SFJ UnderSidewalk Drain (EAJ fil ienoRc J ~utli idellint Pt~~a~t tindel6 Curl~~G'utter P&ROurb&Gutter 30 30 Southeast Corner Front Street ®Moreno Road Sidewalk R & R Sidewalk 13 I'I 143 Southeast Corner Front Street ®fe9oreno Road Curb &Gutter R & R Curb &Gutter 25 25 45683 Masters Drive Sidewalk R & R Sidewalk 15 6 90 45715 Clubhouse Drive Cross Gutter R & R Cross Gutter 18 6 108 45715 Clubhouse Drive Spandrel R & R Spandrel 12 7 84 .Across from 31085 Via Gilberto Sidewalk R & R Sidewalk 11 6 66 Across from 31085 Via Gilbeilo Curb &Gutter R & R Cross Gutter 12 12 Across from 31117 Lahontan Street Sidewalk R & R Sidewalk 30 6 180 Across from 31117 Lahontan Streel Curb &Gutter R & R Cross Gutter 30 30 Easiside o(Pujol 100 feet south of Main Street Sidewalk R & R Sidewalk & Root Prune 14 6 84 Easiside of Pujol 200 feet south of Main Street Sidewalk R & R Sidewalk 5 6 30 Across the street from 28465 Felix Valdez -two locations both 10 x 6. Sidewalk R & R Sidewalk & Root Prune 10 12 120 SUBTOTALS-AREA1 345 1,751 576 0 0 986 0 Page 2 of 6 r:lciplprojecis1pw081pwf38-Oi citywide pcc repairs1fy07-Q8 repair listxls City of Temecula ~ra7ias Department of Public Warks Concrete Repair List Project No. PW08-01 Sidewalk or LOCATION Item SCOPE OF WORK L W C&G Access Ramp Cross Gutter Com. Drive Res. Urive Spandrel UnderSidewalk (LF) (SF) Approach (SF} Approach (SF) (SFJ Drain (EAJ iSF) 9t5r_.,,it ~:~pa r5urh~~utt~r P~F.uurLKGutter 28 ?;` R&RSidewalk&Root CorleAnacapa-end of theCul-de-Sac Sidewalk 17 6 '102 Prune R&RSidewalk&Root CorleAnacapa-end of theCul-de-Sac Sidewalk 20 6 120 Prune R &RSidewalk & Root 31045 Corte Anacapa Sidewalk 6 6 36 Prune R&RSidewalk&Root 41955Kaifirboom Sidewalk 22 6 132 Prune R &RSidewalk & Root 29645 Via Los Colinas- Between both drive approaches Sidewalk g3 6 558 Prune R &RSidewalk & Root X9645 Via Los Colinas -Between both drive approaches - Sidewalk 14 6 84 Prune R &RSidewalk & Root 29645 Via Los Colinas-west of westerly drive approach Sidewalk 50 6 300 Prune s Via Los Colinas-50 feet east of Rancho California &RSidewalk & Root Sidewalk P 15 6 90 Road r 29645 Via Los Colinas - westside of street 75 feet east of R &RSidewalk & Root Sidewalk 34 6 204 Rancho California Road Prune 29645 Via Los Colinas -Southwest corner of Via Las R &RSidewalk & Root Sidewalk 27 6 162 Colinas Prune iaLosColinas-Southwestcornero(ViaLas RSidewalk&Access o Sidewalk R& 40 19 760 C inas n p R &RSidewalk & Root Southside of Solana Way 500 feel west of Del Rey Road Sidewalk 30 6 180 Prune Southside o(Rancho Vista Road -100 feet east of R &RSidewalk & Root Sidewalk 11 6 66 Camino Romo Prune Eastside of Meadows Parkway -100 Feet north of R &RSidewalk & Root Rancho Vista Road Sidewalk Prune 17 6 102 R &RSidewalk & Root Norihside of La Serena - 60 feet west of Via Puerta Sidewalk 11 6 66 Prune Norlhside of La Serena - 60 feet west of Via Puerta Curb & Gutter R & R Curb & Gutter 66 66 SUBTOTALS-AREA2 94 2,962 0 0 0 0 0 Page 3 of 6 r:lciplprojecis1pw081pwf38-Oi citywide pcc repairs1fy07-Q8 repair listxls City of Temecula ~ra7ias Department of Public Warks Concrete Repair List Project No. PW08-01 Sidewalk or LOCATION Item SCOPE OF WORK L W C&G Access Ramp Cross Gutter Com. Drive Res. Urive Spandrel UnderSidewalk LF ~ 1 SF ( ) A roach SF pP ~ 1 A roach SF pp ( ) SF ( 1 Drain EA ~ (SFJ PI nth end ~ f tli~ Erdge C .I~ ~n hJorili '~neral K eme~r Toad fott f~licolaa Roadt nn tl-ie Past an I est sides- ~idPO?+:alk P ~ F ;idom,:,lk 13 5 IYi two locations (10x5 and 5x3) North end of the Bridge Deck on North General Kearney Curb & Gutter R & R Curb & Gutter 11 11 Road (o(( Nicolas Road)- on the east and west sides. North end of the Bridge Deck on North General Kearney Driveway R & R Drive.Approach 10 10 100 Road (o(f Nicolas Road)- on the east and west sides. Approach South end of the Bridge Deck on North General Kearney Road (o(f Nicolas Road)- on the east and west sides. Sidewalk R & R Sidewalk 5 35 South end of the Bridge Deck on North General Kearney Road (o(f Nicolas Road)- on the east and west sides. Curb & Gutter R & R Curb & Gutter 51 51 Two Locations 30 LF and 20 LF 41762 Riesling Court Sidewalk R & R Sidewalk 7 6 42 Under R & R Under Sidewalk 32075 Pinot Blanc 1 Sidewalk Drain Drain SUBTOTALS-AREA3 62 '142 0 0 100 0 1 Page 4 of 6 r:lciplprojecis1pw081pwf38-Oi citywide pcc repairs1fy07-Q8 repair list xls City of Temecula ~ra7ias Department of Public Warks Concrete Repair List Project No. PWO8-01 39195 Rising Hill Drive Sidewalk R & R Sidewalk 12 6 72 Noilhside of Winchester Road Q9N) northwest corner into Pep Boys Curb & Gutter R & R Curb & Gutter 10 10 Westside of Ynez Road 100 north of Winchester Road Sidewalk R & R Sidewalk 4 6 24 (19N) Eastside of Ynez Road Q Solana Way- Easl and Nlest Sides of Catch Basin Curb & Gutter R & R Curb & Gutter 23 23 Noilheast Corner of Winchester Road (79NJ ®Nicolas Road Sidewalk R & R Sidewalk 14 5 70 R&RSide+malk&Root 26201 Ynez Road Sidewalk 25 6 150 Prune SUBTOTALS-AREA4 33 316 0 0 0 0 0 Page 5 of 6 r:lciplprojecis1pw081pwf38-Oi citywide pcc repairs1fy07-Q8 repair listxls City of Temecula ~ra7ias Department of Public Warks Concrete Repair List Project No. PW08-01 32211 Wolf Creek Drive ®Fire Station Sidewalk R & R Sidewalk 20 10 200 Vail Ranch Parkway (northside of street) Between R & R Sidewalk & Root Terzich Drive and Overland Trail Sidewalk Prune 21 6 126 Vail Ranch Parkwaynorihside-300 feet west of Camino R&RSidewalk&Root Piedra Sidewalk Prune 36 6 216 SUBTOTALS-AREAS 0 542 0 0 0 0 0 GRAND TOTALS 534 5,713 576 D 100 98& 1 Page 6 of 6 r:lciplprojecis1pw081pwf38-Oi citywide pcc repairs1fy07-Q8 repair listxls CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FO R PROJECT NO. PW08-07 CITYWIDE CONCRETE REPAIRS - FY 2007-08 THIS CONTRACT, made and entered into the 8T" day of April, 2008, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and International Pavement Solutions, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW08-01, CITYWIDE CONCRETE REPAIRS - FY 2007-08, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW08-01, CITYWIDE CONCRETE REPAIRS - FY 2007-08. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW07-06, CITYWIDE CONCRETE REPAIRS - FY 2007-08. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT C - 1 C1Program Files (x86)Weevia.Com\Document Converterltemp1875804.doc The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW07-06, CITYWIDE CONCRETE REPAIRS - FY 2007-08 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: EIGHTY TWO THOUSAND NINE HUNDRED SIXTY NINE DOLLARS and NO CENTS {$88,969.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed twenty-five (25) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth {30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be CONTRACT C - 2 C1Program Files (x86)Weevia Com\Document Converterltemp1875804 doc made sixty {60) days after acceptance of final payment and the CONTRACTOR filing aone-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30} days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES -EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars {$1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10} calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty {30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request far payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http:/lvwvw.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the CONTRACT C - 3 C1Program Files (x86)Weevia.Com\Document Converterltemp1875804.doc adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. CONTRACT C - 4 C1Program Files (x86)Weevia.Com\Document Converterltemp1875804.doc 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during hislher tenure or for one year thereafter. Furthermore, the contractorlconsultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party ar parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: CONTRACT C - $ C1Program Files (x86)Weevia Com\Document Converterltemp1875804 doc Mailing Address: Street Address: Greg Butler Greg Butler Deputy Director of Public Works Deputy Director of Public Works City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Temecula, CA 92594-3606 CONTRACT C - 6 C1Program Files (x86)Weevia.Com\Document Converterltemp1875804.doc IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: International Pavement Solutions, Inc. P.O. Box 10458 San Bernardino, CA 92423 (909) 794-2101 By: Print or type NAME Print or type TITLE By: Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Michael S. Naggar, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk CONTRACT C - 7 C1Program Files (x86)Weevia Com\Document Converterltemp1875804 doc ITEM N~}. 11 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: April 8, 2008 SUBJECT: Award a Construction Contract for the Slurry Seal Project FY2007-08, Paloma del Sol Area, Project No. PW08-02 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP David McBride, Senior Engineer RECOMMENDATION: That the City Council: Award a construction contract for Project No. PW08-02, the Slurry Seal Project FY2007-08, Paloma del Sol area, to All American Asphalt in the amount of $361,199.88 and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $36,119.98 which is equal to 10% of the contract amount. BACKGROUND: The Citywide Slurry Seal Project FY2007-2008, is an annual project that will utilize a Rubberized Emulsion Aggregate Slurry (REAS) to seal the project roadways against water intrusion and deterioration of asphalt concrete pavement wearing surface. Ideally slurry seal is applied every five to seven years as it prolongs pavement life thereby delaying more costly rehabilitation measures such as asphalt concrete overlays or removal and reconstruction. Slurry sealing involves cleaning and crack sealing the existing roadway surface, applying the REAS and restoration of pavement delineation. On February 26, 2008, City Council approved the plans and specifications for the project and authorized staff to solicit construction bids. On Monday, March 24, 2008, four bids were opened and publicly read aloud. The Engineer's Estimate for the work was $450,000. The results were as follows: 1. All American Asphalt $ 361,199.88 2. American Asphalt South $ 364,667.86 3. Pavement Coatings Company $ 379,867.69 4. Bond Blacktop $ 410,783.60 The specifications allow for construction duration of twenty five (25} working days ar five weeks Staff has reviewed the bid proposals and found All American Asphalt to be the lowest responsible bidder. All American has public contracting experience and has successfully undertaken similar projects for the City and other public agencies in Southern California. FISCAL IMPACT: The FY2007-08 Slurry Seal Project is funded with Public Works Maintenance Budget for routine street maintenance. Adequate funds are available within project account No. 001-164-601-5402 for this $397,319.76 request, which includes the $361,199.88 contract plus a $36,119.98 contingency. ATTACHMENTS 1. Slurry Seal List (2 pages) 2. Contract PW08-02 Citywide Slurry Seal Street Name Length Width Paving Area {SF} Street Type Amarita Way 5,711 40 228,459 Collector Cala Carrasco 1,357 36 48,870 Local Cala Rosso 450 36 16,217 Local Calle Ballentine 2,238 36 80,558 Local Calle Barcaldo 848 36 30,524 Local Calle Espinosa 1,233 36 44,373 Local Calle Espirito 205 36 7,366 Local Calle Jeminez 778 36 27,990 Local Calle Novelda 1,763 36 63,463 Local Calle Veronica 519 36 18,695 Local Calle Casillas 1,004 36 36,141 Local Corte Abanilla 567 36 20,405 Local Comte Albano 617 36 22,202 Local Corte Algete 995 36 35,820 Local Corte Almeria 2,014 36 72,489 Local CorteAlmonte 1,419 36 51,077 Local Comte Avalina 433 36 15,588 Local Corte Ayala 261 36 9,403 Local Corte Benavente 1,310 36 47,177 Local Corte Benisa 255 36 9,171 Local Corte Benitez 427 36 15,362 Local Cote Cabello 412 36 14,835 Local Corte Cabrera 1,787 36 64,321 Local Corte Calanda 791 36 28,469 Local Corte Cardin 314 36 11,308 Local Corte Colucci 244 36 8,771 Local Cote Landeras 373 36 13,443 Local Corte Logrono 574 36 20,660 Local Corte Montilla 555 36 19,976 Local Corte Pollensa 1,125 36 40,486 Local Corte Priego 559 36 20,130 Local Corte Rimola 759 36 27,337 Local Corte Salamanca 948 36 34,136 Local Corte Siero 337 36 12,138 Local Corte Tolosa 669 36 24,098 Local Montelegro Way 3,849 44 169,335 Collector Santiago Road 1,197 78 93,347 Arterial Via Barraza 736 36 26,513 Local Via Campanario 1,254 36 45,142 Local Via Caro 277 36 9,967 Local Via Cerda 206 36 7,412 Local Via Denzo 196 36 7,065 Local Via Gandia 429 36 15,427 Local Via Guerro 210 36 7,547 Local Via Nanzo 288 36 10,367 Local Via Rami 905 44 39,809 Collector Via Raya 184 36 6,623 Local Via Ricci 248 36 8,915 Local Via Rivas 182 36 6,536 Local Page 1 of 2 PW08-02 Citywide Slurry Seal Street Name Length Width Paying Area {SF} Street Type Via Ra'as 491 36 17,690 Local Via Las Colinas 1,280 38 48,640 Commercial Calle Empleado 600 53 31,800 Commercial (Total 1,793,593 Square Feet I Page 2 of 2 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FO R PROJECT NO. PW08-02 CITYWIDE SLURRY SEAL PROJECT FY 2f107-2008 THIS CONTRACT, made and entered into the 8T" day of April, 2008 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and All American Asphalt, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW08-02, CITYWIDE SLURRY SEAL PROJECT FY 2007-2008, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW08-02, CITYWIDE SLURRY SEAL PROJECT FY 2007-2008. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW08-02, CITYWIDE SLURRY SEAL PROJECT FY 2007-2008. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT C - 1 C'iProgram Files (x86)\N eevia Com\~ocumerrt Corrvertehtem p5875807 do[ The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW08-02, CITYWIDE SLURRY SEAL PROJECT FY 2007-2008 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment far, the work agreed to be done, the sum of: THREE HUNDRED SIXTY ONE THOUSAND ONE HUNDRED NINETY NINE DOLLARS and EIGHTY EIGHT CENTS {$ 361,199.88 ), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Twenty Five (25} working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. CONTRACT C - 2 C \Program Files (x86)\N eevia Com\~ocument CorNer[er<tem p58758g7 doc The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing aone-year Warranty and an Affidavit of Final Release with the CITY on farms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES -EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10} calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACT C - 3 C \Program Files (x86)\N eevia Cgm\~ocumerrt CgrNer[ehtem p58758g7 doc CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Cade. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence ar sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract ar securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is nat in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. CONTRACT C - 4 C'iProgram Files (x86)\N eevia Com\~ocumerrt Corrvertehtem p5875807 do[ 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during hislher tenure or for one year thereafter. Furthermore, the contractorlconsultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party ar parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: CONTRACT C - ~ C \Program Files (x86)\N eevia Com\NOCUment CorNer[er<tem p58758g7 doc Mailing Address: Street Address: Greg Butler Greg Butler Deputy Director of Public Works Deputy Director of Public Works City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Temecula, CA 92590-3606 CONTRACT C - 6 C \Program Files (x86)\N eevia Cgm\~ocumerrt CgrNer[ehtem p58758g7 doc IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: All American Asphalt P.O. Box 2229 Corona, CA 92878-2229 (951) 736-7600 By: Print or type NAME Print or type TITLE By: Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Michael S. Nagger, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk CONTRACT C - 7 C \Program Files (x86)\N eevia Com\~ocument CorNer[er<tem p58758g7 doc TEMECULA COMMUNITY SERVICES DISTRICT ITEM N~}. 12 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT MARCH 2v, 2008 A regular meeting of the City of Temecula Community Services District was called to order at 7:50 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: ABSENT: 0 DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 8 Minutes RECOMMENDATION: 8.1 Approve the minutes of March 18, 2008. MOTION: Director Washington maned to approve the Consent Calendar. Director Edwards seconded the motion and electronic reflected approval with the exception of Director Naggar who abstained. CSD DEPARTMENTAL REPORT No additional comment. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No report at this time. CSD GENERAL MANAGERS REPORT No report at this time. CSD BOARD OF DIRECTORS REPORTS No additional comments. R:\Minutes\032508 CSD ADJOURNMENT At 7:51 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, April 8, 2008, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero. President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] R:\Minutes\032508 ITEM N~}. 13 Approvals ~Q City Attorney s~~~ Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: April 8, 2008 SUBJECT: Award a Construction Contract for the Temecula Community Center Expansion Grading, Project No. PW06-05 Phase 1 PREPARED BY: William G. Hughes, Director of Public Works Greg Butler, Deputy Director of Public Works - CIP Bill McAteer, Construction Manger RECOMMENDATION: That the Board of Directors; Award a construction contract for the Temecula Community Center Expansion Grading, Project No. PW06-05, to Addison Equipment Rental in the amount of $49,995.00 and authorize the President to execute the contract. 2. Authorize the General Manager to approve change orders not to exceed the contingency amount of $4,999.50, which is equal to 10% of the contract amount. BACKGROUND: The Community Center Expansion involves construction of a new structure (S.A.F.E.) and it will provide space for relocation of the Escallier House and Barn. In order to meet the timeline for relocation of the Escallier structures the project was split into two phases with the first being grading and the second being building construction. This phase of the project includes clearing and grubbing, demolition of AC paving, AC berms and curb and gutter, tree removal, erosion control and rough and precise grading of the site. On February 12, 2008, the Board of Directors approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids. On March 18, 2008, Fifteen (15) bids were received and publicly read aloud. The results were as follows: 1. Addison Equipment Rental $ 49,995.00 2 ~-on~L 4~ng~ I'lomnli#inn ~,,,. $ ~2~24~~ (Deemed Non-Responsive) 3. Grand Pacific Contractors, Inc. $ 52,325.75 4. Primo Construction $ 55,500.00 5. Yakar $ 57,088.00 6. Tiger Equipment Co., Inc. $ 57,138.65 7. Rentex Construction, Inc. $ 61,500.00 8. Sean Malek Engineering $ 63,800.00 Engineers Estimate $ 65,000.00 9. Dependable Grading $ 67,742.00 10. Krider Engineering $ 69,400.00 11. Husker Engineering, Inc. $ 73,700.00 12. Del Rio Enterprise $ 77,664.00 13. Empire Excavating, Inc. $ 79,000.00 14. EBS, Inc. $ 120, 000.00 15. Superior Demolition, Inc. $ 135,824.00 Wreck Age Demolition, I nc.'s bid was deemed non-responsive for their failure to fully execute the all the required bid documents (e.g. Non Collusion Affidavit). The specifications allow for construction duration of twenty (20} working days or one month. Staff has reviewed the bid proposals and found Addison Equipment Rental (Fontana, CA) to be the lowest responsible bidder. Based on the documentation submitted with their bid, Addison Equipment Rental has done similar work far other agencies. FISCAL IMPACT: The Temecula Community Center Expansion project is funded through Community Development Block Grant {CDBG}, and Development Impact Fees (Quimby) funds. Adequate funds are available within project account 210-190-197-5803 far this $54,990.50 request, which includes the $49,995.00 contract plus a $4,999.50 contingency. ATTACHMENTS: Project Location Project Description Contract -1 d F 0 z O .. Cry W Nr W H W r r G i C.i U v y t .~ O a u •. a o ,:: A ~ U b m a °~ ~¢ u v ~ ~ m ~0 ~ O n ~ L v n ~ u D D Q v. C~ O O M O O N C .d. v~ 0 0 0 0 0 ~O ,r y t~ O O h 0 0 K G~ O~ C -- O O ~- C ~ N ~ ~ ~ N O~ ~l V v .--. - N fn ~ V} Vi V? 1f) V= N ti N .~ .~ C N 0 0 o~ O O 0 N O~ O O t~l C C N V1 O O C O O ~O ~hoohcc~r O N N ~D G~ N O N o -- ~ -- -~ N N ~ w ~ ~ ~ ~ ~ h o0 n y N N H q R ~ b w A N N w to f/i 69 OQq q N q a 6n .~ o W ~~ 0 0 ~ti.~~3~ ~~~ ~oN 0 0 ~.^.Y a QUUC]wcnF- 8I8 ~I~I n vilvi p 8 w p N q 7 O L'. .~. N p Q F" TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FO R PROJECT NO. PIN06-05 PHASE 7 TEMECULA COMMUNITY CENTER DCPANSlON GRADING THIS CONTRACT, made and entered into the 8th day of April 2008, by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "DISTRICT", and Addison Equipment Rental, hereinafter referred to as "CONTRACTOR." WITNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW06-05 PHASE 1, TEMECULA COMMUNITY CENTER EXPANSION GRADING, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications (latest edition), issued by the California Department of Transportation where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW06-05 PHASE 1, TEMECULA COMMUNITY CENTER EXPANSION GRADING. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW06-05 PHASE 1, TEMECULA COMMUNITY CENTER EXPANSION GRADING. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed CONTRACT Ci-~ C Rogam Fles (x86)YNeevia ComYDocumenl ConverterUempY875794 doc and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW06-05 PHASE 1, TEMECULA COMMUNITY CENTER EXPANSION GRADING All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by DISTRICT. 3. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of DISTRICT or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: FORTY NINE THOUSAND NINE HUNDRED NINETY NINE DOLLARS and NO CENTS {$ 49,995.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Twenty (20,~ working days, commencing with delivery of a Notice to Proceed by DISTRICT. Construction shall not commence until bonds and insurance are approved by DISTRICT. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS LUMP SUM BID SCHEDULE: A. Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: CONTRACT Ci-2 C Rogam Fles (x86)YNeevia ComYDocumenl ConverterUempY875794 doc B. Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the DISTRICT, the CONTRACTOR shall be paid a sum equal to ninety percent (90°to) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing aone-year Warranty and an Affidavit of Final Release with the DISTRICT on forms provided by the DISTRICT. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the General Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The District hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES -EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to DISTRICT the sum of one thousand dollars {$1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by DISTRICT. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty {30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request far payment under Paragraph 6 above, CONTRACTOR shall submit to DISTRICT, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the DISTRICT related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. CONTRACT Ci-3 C Rogam Fles (x86)YNeevia ComYDocumenl ConverterUempY875794 doc 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend DISTRICT, CITY, andlor AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons {CONTRACTOR'S employees included} and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the DISTRICT. The CONTRACTOR shall indemnify and be responsible for reimbursing the DISTRICT for any and all costs incurred by the DISTRICT as a result of Stop Notices filed against the project. The DISTRICT shall deduct such costs from Progress Payments or final payments due to the DISTRICT. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to DISTRICT's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any District officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the DISTRICT within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the General Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an CONTRACT Cr-4 C Rogam Fles (x86)YNeevia ComYDommerA ConverterUempY87579-0doc affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, office or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. CONTRACT Ci-5 C Rogam Fles (x86)YNeevia ComYDocumenl ConverterUempY875794 doc 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Street Address: Greg Butler Greg Butler Deputy Director of Public Works Deputy Director of Public Works City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula. CA 92589-9033 Temecula. CA 92590 CONTRACT Ci-6 C Rogam Fles (x86)YNeevia ComYDocumenl ConverterUempY875794 doc IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: Addison Equipment Rental 10206 Elm Avenue Fontana, CA 92335 (909) 822-8282 By: Print or type NAME Print or type TITLE By: Print or type NAME Print or type Title (Signatures of two corporate officers required for Corporations) DATED: ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CITY OF TEMECULA COMMUNITY SERVICES DISTRICT By: Jeff Comerchero, President CONTRACT Ci-~ C Rogam Fles (x86)YNeevia ComYDocumenl ConverterUempY875794 doc ITEM N~}. 14 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: April 8, 2008 SUBJECT: Award a Construction Contract for the Roller Hockey Rink Dasher Board System, Project No. PW07-12 PREPARED BY: William G. Hughes, Director of Public Works Greg Butler, Deputy Director of Public Works - CIP Bill McAteer, Construction Manger RECOMMENDATION: That the Board of Directors; Award a construction contract for the Roller Hockey Rink Dasher Board System, Project No. PW07-12, to YAKAR in the amount of $178,350.00 and authorize the President to execute the contract. 2. Authorize the General Manager to approve change orders not to exceed the contingency amount of $17,835.00, which is equal to 10% of the contract amount. BACKGROUND: This project includes the demolition and removal of the existing roller hockey rink dasher board system components and the procurement and installation of an entirely new aluminum frame and composite dasher board system including: penalty, player and scorer boxes, benches, professional goals and protective netting. On February 12, 2008, the Board of Directors approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids. On March 20, 2008, two (2) bids were received and publicly read aloud. The Engineer's estimate for this project was $175,000. The results were as follows: 1. YAKAR 2. Premier Rinks, Inc. $178,350.00 Non Responsive Premier Rinks, Inc.'s bid was deemed non responsive for their failure to submit the proper bid documents (incorrect bid bond amount) and because they qualified their bid stating that they would not comply with a number of specific terms of the contract (e.g., project bonds, liquidated damages, or allowable working days). The specifications allow for a demolition and installation duration of the twenty (25) working days or five weeks excluding the fabrication period for the new dasher system which is anticipated to be six (6) weeks. Staff has reviewed the bid proposals and found YAKAR of Glendora, CA to be the lowest responsible bidder for this project. Based on the documentation submitted with their bid, YAKAR has done similar work for other agencies. FISCAL IMPACT: The Roller Hockey Rink Dasher Board Replacement Project is funded by Parks and Recreation Development Impact Fees. Adequate funds are available within project account 210-190-137-5804 for this $196,185.00 request, which includes the $178,350.00 contract plus a $17,835.00 contingency. ATTACHMENTS Project Location Project Description Contract Z d o 0 o c o a o 0 0 0 F., ~ o 0 o c Q M --~,r- V o N ~~ U vi u! `n v; N ...i H ..i O N ..i O N N C n O O N O 00 O O N C y M ~ ~ p p ~ ~ () ~ ~ O O O ~ O U O , r 0 W ;~ [~ 4 vi O ~D l,l N N --~ N. N U ~ O b N f/1 N VI V1 Q .~.I/ W ~ U N y ~ v^ O W U O ~ ~ ~ OO "' N ~ ~ W 0~0 W ~r'71 vv~~ Xi y iV a p ~ ~ ~ O 7 A rv a. O ° O~ O~ O ~ a a v o x u c a, "' ~, » ' ~ w C rJ O q in ° N w a ~ +. .. a ~ o ;: ~ h o b OU o a a: o A~ ca N d v A [-- TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FO R PROJECT NO. PW07-72 ROLLER HOCKEY RINK DASHER BOARD SYSTEM THIS CONTRACT, made and entered into the 8th day of April, 2008, by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "DISTRICT", and YAKAR, hereinafter referred to as "CONTRACTOR." WITNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW07- 12, ROLLER HOCKEY RINK DASHER BOARD SYSTEM, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, {latest edition), issued by the California Department of Transportation where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc {hereinafter, "Standard Specifications"} as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW07-12, ROLLER HOCKEY RINK DASHER BOARD SYSTEM. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 {714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW07- 12, ROLLER HOCKEY RINK DASHER BOARD SYSTEM. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise CONTRACT G - ~ C1Program Files (~6)1Neevia ComlDocumenl Converterltemp1875865 doc specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW07-12, ROLLER HOCKEY RINK DASHER BOARD SYSTEM All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by DISTRICT. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of DISTRICT or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED SEVENTY EIGHT THOUSAND THREE HUNDRED FIFTY DOLLARS and NO CENTS ($ 178,350.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed TWENTY FIVE (25) working days, commencing with delivery of a Notice to Proceed by DISTRICT. Construction shall not commence until bonds and insurance are approved by DISTRICT. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS LUMP SUM BID SCHEDULE: A. Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such farm and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: B. Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the DISTRICT, the CONTRACTOR shall be paid a sum equal to ninety percent {90%} of the value of the work completed CONTRACT C - 2 C1Program Films (x86)1Neevia ComlDocument Converterltemp1875865 doc according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing aone-year Warranty and an Affidavit of Final Release with the DISTRICT on forms provided by the DISTRICT. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the General Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30} days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The District hereby delegates its authority to reduce the retention to the Engineer. LIQUIDATED DAMAGES -EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to DISTRICT the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by DISTRICT. Within ten (10} calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to DISTRICT, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the DISTRICT related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each CONTRACT C - $ C1Program Films (x86)1Neevia ComlDocument Converterltemp1875865 doc craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Cade, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend DISTRICT, CITY, and/or AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons {CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the DISTRICT. The CONTRACTOR shall indemnify and be responsible for reimbursing the DISTRICT for any and all costs incurred by the DISTRICT as a result of Stop Notices filed against the project. The DISTRICT shall deduct such costs from Progress Payments or final payments due to the DISTRICT. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to DISTRICT's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any District officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the DISTRICT within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the General Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely CONTRACT C - 4 C1Program Films (x86)1Neevia ComlDocument Converterltemp1875865 doc performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during histher tenure or for one year thereafter. Furthermore, the contractorlconsultant covenants and agrees to their knowledge that no board member, office or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. CONTRACT C - S C1Program Films (x86)1Neevia ComlDocument Converterltemp1875865 doc 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Street Address: Gregory J. Butler Gregory J. Butler Deputy Director of Public Works Deputy Director of Public Works City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula. CA 92589-9033 Temecula. CA 92590 CONTRACT C - 6 C1Program Films (x86)1Neevia ComlDocument Converterltemp1875865 doc IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: YAKAR 1440 Hunter's Trail Glendora, CA 91740 (626) 513-1575 By: Print or type NAME Print or type TITLE By: Print or type NAME Print or type Title (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA COMMUNITY SERVICES DISTRICT By: Jeff Comerchero, President ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACT C - 7 C1Program Films (x86)1Neevia ComlDocument Converterltemp1875865 doc REDEVELOPMENT AGENCY ITEM N~}. 15 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MARCH 25, 2008 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:36 p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Edwards, Naggar Washington, Roberts ABSENT: 0 AGENCY MEMBERS: Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS None. RDA CONSENT CALENDAR 10 Minutes RECOMMENDATION: 10.1 Approve the minutes of March 1$, 2008. MOTION: Agency Member Comerchero moved to approve the Consent Calendar. Agency Member Washington seconded the motion with the exception of Agency Member Naggar who abstained. RDA DEPARTMENTAL REPORT No additional comment. RDA EXECUTIVE DIRECTORS REPORT No report at this time. RDA AGENCY MEMBERS REPORTS No reports at this time. R:\Minutes1032508 RDA ADJOURNMENT At 7:52 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, April 8, 2008, at 5:30 p.m. for Closed Session, with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes1032508 PUBLIC HEARING ITEM N~}. 1G Approvals ~Q/J City Attorney 5~,~ "" Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: April 8, 2008 SUBJECT: Resolution Ordering Conditional Vacation of Portions of Ynez Road (Abbott Cardiovascular Systems, Inc., Applicant). PREPARED BY: Daniel A. York, Deputy Director of Public Works Chris White, Assistant Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONDITIONALLY ORDERING THE VACATION OF PORTIONS OF YNEZ ROAD (ABBOTT CARDIOVASCULAR SYSTEMS, INC., APPLICANT) BACKGROUND: On March 18, 2008, the City Council adopted Resolution No. 08-31, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO CONDITIONALLY VACATE PORTIONS OF YNEZ ROAD AND SETTING A PUBLIC HEARING THEREON (ABBOTT CARDIOVASCULAR SYSTEMS, INC., APPLICANT). Pursuant to Resolution No. 08-31, the City Council set a public hearing on April 8, 2008, at 7:00 p.m. in the Council Chambers ofthe Temecula City Hall. At the public hearing, any and all interested persons may present evidence or object to the proposed conditional vacation of portions of Ynez Road. Resolution No. 08-31 also directed the City Clerk to publish, mail and post notices of the hearing at least two (2) successive weeks before the scheduled hearing, all in conformity with and in the manner provided by California Streets and Highway Code Sections 8320, 8322 and 8323. The City Clerk published and mailed said notices in accordance with said requirements. Further, the notices were posted no more than 300 feet apart and at least three such notices were posted in the manner set forth in Streets & Highways Code Section 8320 et seq. Accordingly, the City complied with all legal prerequisites for the conditional vacation of portions of Ynez Road. Specifically, the City Council intends to conditionally vacate the portions of the public street easement on Ynez Road described as Parcel 1 comprising the air space rights, the portions of the public street easement an Ynez Road described as Parcel 2 comprising the vacation of portions needed for the pedestrian bridge pier, and the portions of the public street easement on Ynez Road described as Parcel 3 comprising the portions needed for the pedestrian bridge footing which are described collectively on Exhibit "A" to the attached Resolution and depicted respectively on Exhibits "B", "C"and "D" to the Resolution. Exhibit "E" contains proposed conditions of approval. FISCAL IMPACT: None. ATTACHMENTS: Resolution No. 08 - with Exhibits "A", "B", "C" , "D", "E"and staff report 3-18-08 council meeting, Inclusive RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONDITIONALLY ORDERING THE VACATION OF PORTIONS OF YNEZ ROAD (ABBOTT CARDIOVASCULAR SYSTEMS, INC., APPLICANT} THE CITY COUNCIL OF THE CITYOF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, on October 22, 2002, the City of Temecula and Advanced Cardiovascular Systems, Inc., now known as Abbott Cardiovascular Systems, Inc. ("ACS"), entered into that certain Development Agreement for the development of approximately 27 acres of real property in the vicinity of Ynez Road, Motor Car Parkway, Margarita Road and Solana Way ("Development Agreement"). The Development Agreement was approved by the City Council by its adoption of Ordinance No. 02-10 and was recorded on February 7, 2003 as Document Number 2003-092775 of Official Records of the County of Riverside. Section 2.13 of the Development Agreement provides that in order to accommodate traffic and to minimize the interruption of vehicular traffic on Ynez Road due to the existing surface pedestrian crossing, the parties wish to provide for the construction by ACS of a private pedestrian bridge across Ynez Road. Section 2.13.3 of the Development Agreement further provides that the City shall convey to ACS sufficient real property interests and shall carry out necessary vacation proceedings in order to accommodate the bridge. The terms and conditions of the Development Agreement and the Council's authority to act in connection therewith were validated by judgment of the Superior Court of the State of California, County of Riverside, entered on August 15, 2003, in Case No. RIC 387405; and WHEREAS, ACS has determined to proceed with development and construction of the pedestrian bridge. Consistent with Section 2.13.3 of the Development Agreement, ACS has requested the City to conduct vacation proceedings under California $TREE~S AND HIGHWAYS CODE Section 8320, et seq. for the vacation of certain portions of Ynez Raad in the vicinity of Motor Car Parkway. The purpose of the proposed vacation is to facilitate the construction of the private pedestrian bridge across Ynez Road that will join ACS facilities on either side of such road. ACS owns the underlying fee interest in Ynez Road. Vacation of a portion of the airspace above the road and on and under the surface of a small portion of the median will allow ACS to construct the bridge and obtain satisfactory title insurance; and WHEREAS, on February 20, 2008, the Planning Commission of the City of Temecula reviewed the proposed conditional vacation of portions of Ynez Road, and determined that said conditional vacation is in conformance with the General Plan of the City of Temecula and adopted Resolution No. PC 08-11; and WHEREAS, on March 18, 2008, the City Council adopted Resolution No. 0$-31, declaring its intention to consider the conditional vacation of Ynez Road, and setting the time and place for a public hearing an the matter; and WHEREAS, notice of the public hearing was posted and published in the manner required by law {STREETS AND HIGHWAYS CODE Sections 8320{b), 8322{a} and 8323). The City Council has 1028039-1 conducted the public hearing at the time and place specified in the notice of hearing and has heard any and all evidence offered by persons interested. NOW, THEREFORE, BE IT RESOLVED: 1. Notice of the public hearing was posted and published in the manner required by law {STREETS AND HIGHWAYS CODE Sections 8320, 8322 and 8323}. Notices of the conditional vacation were conspicuously posted along Ynez Road in the areas proposed for vacation at least two weeks prior to April 8, 2008. At least three (3} notices were posted not more than 300 feet apart in compliance with STREETS AND HIGHWAYS CODE Section 8323. 2. In accordance with the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), and the CEQA Guidelines, 14 Cal. Code Regs. § 15000 et seq. ("CEQA Guidelines"), and the City's local CEQA Guidelines, the City Council has considered the proposed vacation of portions of the public street easement on Ynez Road as described in this Resolution. The City Council has also reviewed and considered the Mitigated Negative Declaration for the Development Agreement approved by the City Council on October 22, 2002, including the impacts and mitigation measures identified therein. Based on that review, the City Council finds that the proposed vacation does not require the preparation of a subsequent Environmental Impact Report or Mitigated Negative Declaration as none of the conditions described in Section 15162 of the CEQA Guidelines [14 Cal. Code Regs. 15162] exist. Specifically, the City Council finds that the proposed vacation does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the proposed vacation will have one or more significant effects not previously discussed in the Mitigated Negative Declaration. Accordingly, no further environmental review is required pursuant to Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code. 3 The City Council of the City of Temecula finds that the proposed conditional vacation conforms to the General Plan. Section 2.13 of the Development Agreement provides that in order to accommodate traffic and to minimize the interruption of vehicular traffic on Ynez Road due to the existing surface pedestrian crossing, the parties wish to provide for the construction by ACS of a private pedestrian bridge across Ynez Road. Section 2.13.3 of the Development Agreement further provides that the City shall convey to ACS sufficient real property interests and shall carry out necessary vacation proceedings in order to accommodate the bridge. In approving the Development Agreement, the City Council found that the Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for industrial, commercial and residential component. The Development Agreement complies with the goals and objectives of the Circulation Element of the General Plan and the traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed. The City Council also finds that the pedestrian bridge supports and serves the project described in the Development Agreement, which project furthers Goal 1 of the Land Use Element of the General Plan, to achieve a diverse and integrated mix of residential, commercial, industrial, recreational, public and open space land uses, and Policy 1.4, "Support development of light industrial, clean manufacturing, technology, biomedical, research and development, and office uses to diversity Temecula's economic base." As an important component of the project contemplated under the 1028039-1 Development Agreement, the pedestrian bridge assists in implementing Policy 1.4. The City Council further finds that Goal 6 of the Circulation Element of the General Plan seeks enhanced traffic safety on City streets. Policy 6.3 states, "Require that vehicular, pedestrian and bicycle traffic be separated to the maximum extent feasible, especially in areas with high traffic volumes." Ynez Road is a "Principal Arterial" under the Roadway Plan set forth as Figure C-2 in the Circulation Element. The area of Ynez Road in the vicinity of the pedestrian bridge experiences high traffic volumes, and traffic safety is an important issue in particular given the large number of ACS employees who must cross Ynez Road going to and from work. The pedestrian bridge will help separate vehicular and pedestrian traffic in an area with high traffic volumes, thus implementing Goal 6 of the Circulation Element. Further, Section C-17 of the Circulation Element Implementation Program seeks to allow for safe movement of vehicles, bicycles and pedestrians and minimize accidents by implementing such measures as developing safe passage routes and alternatives to crossing busy highways within the City, and constructing pedestrian crossings over arterial roadways with heavy traffic volumes. The City Council finds that the pedestrian bridge in this area of heavy traffic volumes is directly consistent with the Circulation Element Implementation Program. 4 The City Council of the City of Temecula finds, from all the evidence submitted, that portions of the public street easement on Ynez Road adjacent to ACS properties on either side of Ynez, south of Overland Drive and north of Motor Car Parkway are unnecessary for present or prospective public use. Specifically, the City Council of the City of Temecula finds that the portions of the public street easement described as Parcel 1 comprising the air space rights, the portions of the public street easement described as Parcel 2 comprising the vacation of portions needed for the pedestrian bridge pier, and the portions of the public street easement described as Parcel 3 comprising the portions needed for the pedestrian bridge footing which are described collectively on Exhibit "A" and depicted on Exhibits "B", "C"and "D", respectively, are unnecessary for present or prospective public use. Exhibits "A" through "D" are incorporated herein by this reference. These portions of the public street easement described on Exhibits "A" through "D"are referred to collectively below as the "Vacation Area". These portions of the public street easement on Ynez Road are not useful for non-motorized transportation facilities. The City Council further finds that significant benefit to the community will result from vacation of the Vacation Area, for the reasons set forth in this resolution, and that such vacation is thus in the public interest. The City Council hereby orders the vacation of the Vacation Area, subject to the conditions of approval attached as Exhibit "E", which is incorporated herein by this reference. 5. The conditions of approval provide for certain rights in the City of Temecula in the event of an extended, uncured period of non-use of the pedestrian bridge by ACS or its successors. Such rights include a power of termination under specified circumstances, under which the City could take steps to have title to the Vacation Area revert to the City. The power of termination constitutes an interest in real property, to be the subject of reasonably satisfactory title insurance. The City Council finds that an extended period of non-use could result in the need for the City to take the steps described in the referenced conditions of approval in order to protect the public health, safety and general welfare. The City Council's determination that the Vacation Area is unnecessary far present or prospective public use is based, in part, upon the City's reversionary interest in the event of non-use of the pedestrian bridge. In such circumstances, the Vacation Area would remain unnecessary for public use, but the City Council finds that the public interest is best served by the City's reservation of the right to exercise the power of termination in order to address circumstances that could otherwise constitute blight or a public nuisance. 1028039-1 6. The vacation ordered herein shall occur upon completion of the conditions of approval set forth in Exhibit "E", excepting those conditions which are identified for completion or applicability at a later time. 7. The City Clerk is authorized and directed to certify the adoption of this resolution and to cause a certified copy hereof to be recorded in the official records of Riverside County, California, upon written confirmation from the City's Director of Public WorkslCity Engineer that all conditions of approval required to be completed before recordation have been met. 8. In the event the conditions required to be completed before recordation have not been met within two years after the date of adoption hereof, this resolution shall be automatically terminated and be of no further force or effect. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of April 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 1028039-1 STATE OF CALIFORNIA, COUNTY OF RIVERSIDE CITY OF TEMECULA I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 08- was duly and regularly adapted by the City Council of the City of Temecula at a meeting thereof held on the _th day of , 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC, City Clerk 1028039-1 EXHIBITS A THROUGH D LEGAL DESCRIPTIONS AND PLAT MAPS 1028039-1 EXHIBIT "E" CONDITIONS OF APPROVAL ACS shall have the exclusive use of the pedestrian bridge, and shall have the right to restrict access to authorized persons. ACS shall own the bridge, and City shall have no ownership interest therein. ACS shall indemnify City as to the construction and operation of the bridge, consistent with the terms of an operating memorandum under Section 6.2 of the Development Agreement in a farm mutually agreeable to the City and ACS and in a form satisfactory to the City Attorney. 3. ACS shall be responsible for all costs for design and construction of the bridge (including relocation of utilities, as necessary). 4. ACS shall protect any public utilities in the vicinity of the Vacation Area during construction of the piers, bridge abutments and similar supporting structures. Any damage to existing utilities shall be repaired or reconstructed, and any necessary temporary or permanent relocation shall be conducted, in a manner satisfactory to the affected utility at ACS's sole cost and expense. 5. The vacation shall not impede Fire Department access to the pedestrian bridge or its appurtenant structures. 6. ACS shall be responsible for all costs for maintenance of the bridge and for removal upon cessation of use. 7. The City of Temecula reserves a power of termination as set forth in this condition of approval. After a period of three (3} years of continuous non-use of the pedestrian bridge constructed in the Vacation Area, the City may {but is not required to) take the steps set forth in this condition, within the time allowed by law. As used here, "continuous non-use" means that the pedestrian bridge has not been used to access or provide utility or other services to the real property on either end of the bridge during the period in question. If the City determines that there have been three (3) years of continuous non-use and wishes to proceed under this condition, it shall provide ACS with written notice of its determination and an opportunity to cure the alleged non-use. If ACS is no longer the record owner of the property on each side of the bridge at that time, the City shall provide notice to the then-record owner(s). Such notice shall provide ACS a ninety {90) day period within which to make use of the bridge. Notice shall be given, and days hereunder shall be counted, in the manner set forth in the Development Agreement. 1028039-1 c. If the City determines that ACS has not made reasonably frequent use of the bridge within the ninety {90) day period, the City Council shall consider the matter at a public meeting, and shall provide written notice to ACS (or the then-current owner(s)) at least thirty (30) days in advance of such consideration. If at the conclusion of its consideration the City Council determines that (a) there has been a three (3) year period of continuous non-use, and (b) that no reasonably frequent use was made during the ninety {90) day cure period, then the Council may adopt a resolution authorizing the exercise of the City's power of termination. The provisions of Development Agreement Section 12, Judicial Review, shall apply to the exercise or attempted exercise of the City's power of termination hereunder, or as to any other dispute under these conditions of approval, including (without limitation) resolution of claims through a general reference in accordance with Code of Civil Procedure Sections 638 through 645.1 or any successor statutes, and the right of the prevailing party to attorneys' fees and costs. In any reference or proceeding, the City shall have the burden of proof to demonstrate the fact of continuous non-use of the pedestrian bridge. Nothing in this Resolution or conditions of approval shall affect the City's jurisdiction to take appropriate action to abate a public nuisance for disrepair of the bridge or for any other matter, as authorized by applicable law. To the extent permitted by law, the provisions of this Resolution, including these conditions of approval, shall constitute covenants that shall run with the land for the benefit thereof, and the benefits and burdens of this Resolution and conditions of approval shall bind and inure to the benefit of the City and ACS and their respective successors in interest. As used in these conditions of approval, "ACS" shall mean the owner(s) of the real property on either end of the bridge, adjacent to Ynez Road. If such property is at any time under the ownership of more than one person, then the obligations of such owners hereunder shall be joint and several. Condition 2 (as to execution of the required operating memorandum} shall be completed prior to recordation. The remaining conditions are long-term in nature and shall apply beyond retardation. 1028039-1 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 FOR STREET VACATION OF AIR SPACE RIGHTS FOR PEDESTRIAN BRIDGE PURPOSES A VOLUME OF AIItSPACE OVER THAT PORTION OF TRACT N0.3334 RECORDED IN BOOK 54 OF MAPS AT PAGES 25 - 30 AND THAT PORTION OF THE GRANT OF EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES, RECORDED FEBRUARY 9, 1993 AS DOCUMENT NO. 50724 OF OFFICIAL RECORDS, IN THE OFFICES OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LYING BELOW AN ELEVATION OF 1089.00 FEET AND ABOVE AN ELEVATION OF 1071.50 FEET PER THE RIVERSIDE COUNTY BENCH MARK DESIGNATED AS "T-46-81 RESET 1997", HAVING AN ELEVATION OF 1097.163, ESTABLISHED ON NNE 12, 1997, ON FILE WITH THE COUNTY OF RIVERSIDE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND MORE CLEARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF: COMMENCING AT THE CENTERLINE INTERSECTION OF YNEZ ROAD (134.00 FEET WIDE) AND MOTOR CAR PARKWAY (60.00 FEET WIDE PRIVATE ROAD AND UTILITIES EASEMENT) AS SHOWN ON PARCEL MAP 23354 RECORDED IN BOOK 152 OF PARCEL MAPS AT PAGES 74 - 76 IN THE OFFICES OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE NORTHERLY ALONG THE CENTERLINE OF SAID YNEZ ROAD NORTH 10°12'45" WEST A DISTANCE OF 64.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE OF YNEZ ROAD SOUTH 79°47'54" WEST A DISTANCE OF 67.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF SAID YNEZ ROAD AS SHOWN ON SAID DOCUMENT N0.50724; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY NORTH 10°12'45" WEST A DISTANCE OF 13.50 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY NORTH 79°47'54" EAST A DISTANCE OF 134.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF SAID YNEZ ROAD AS SHOWN ON THE GRANT OF EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES, RECORDED FEBRUARY 9, 1993 AS DOCUMENT NO. 50718 OF OFFICIAL RECORDS, IN THE OFFICES OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY SOUTH 10°12'45" EAST A DISTANCE OF 13.50 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY SOUTH 79°47'54" WEST A DISTANCE OF 67.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2 FOR STREET VACATION OF AIR SPACE RIGHTS FOR PEDESTRIAN BRIDGE PIER A VOLUME OF AIRSPACE OVER THAT PORTION OF LOT "H" OF TRACT NO. 3334, RECORDED IN BOOK 54 OF MAPS AT PAGES 25 - 30 IN THE OFFICES OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LYING BELOW AN ELEVATION OF 1071.50 FEET AND ABOVE AN ELEVATION OF 1053.00 FEET PER THE RIVERSIDE COUNTY BENCH MARK DESIGNATED AS "T-46- 81 RESET 1997", HAVING AN ELEVATION OF 1097.163, ESTABLISHED ON JUNE 12, 1997, ON FILE WITH THE COUNTY OF RIVERSIDE, THE TOP OF SAID PORTION BEING RECTANGULAR AND THE BOTTOM OF SAID PORTION BEING CIRCULAR, THE SIDES OF SAID PORTION BEING IN A STRAIGHT LINE BETWEEN THE TOP AND BOTTOM EDGES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND MORE CLEARLY SHOWN ON EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF: BOTTOM DESCRIPTION (at elevation 1053.00): COMMENCING AT THE CENTERLINE INTERSECTION OF YNEZ ROAD AND MOTOR CAR PARKWAY AS SHOWN ON PARCEL MAP NO. 23354 RECORDED IN BOOK 152 OF PARCEL MAPS AT PAGES 74 - 76 IN THE OFFICES OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE; THENCE NORTHERLY ALONG THE CENTERLINE OF SAID YNEZ ROAD NORTH 10°12'45" WEST A DISTANCE OF 71.87 FEET; THENCE LEAVING SAID CENTERLINE NORTH 79°47' 15" EAST A DISTANCE OF 6.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING THE CENTER OF A 3.00 FOOT RADIUS EASEMENT. TOP DESCRIPTION (at elevation 1071.50): COMMENCING AT THE CENTERLINE INTERSECTION OF YNEZ ROAD AND MOTOR CAR PARKWAY AS SHOWN ON PARCEL MAP NO. 23354 RECORDED IN BOOK 152 OF PARCEL MAPS AT PAGES 74 - 76 IN THE OFFICES OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE; THENCE NORTHERLY ALONG THE CENTERLINE OF SAID YNEZ ROAD NORTH 10°12'45" WEST A DISTANCE OF 65.12 FEET; THENCE LEAVING SAID CENTERLINE OF YNEZ ROAD NORTH 79°4T 15" .EAST A DISTANCE OF 2.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 79°47'54" EAST A DISTANCE OF 7.00 FEET; THENCE NORTH 10°12'06" WEST A DISTANCE OF 13.00 FEET; 2 THENCE SOUTH 79°47'54" WEST A DISTANCE OF 7.00 FEET; THENCE SOUTH 10°12'06" EAST A DISTANCE OF 13.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3 FOR STREET VACATION OF RIGHTS FOR PEDESTRIAN BRIDGE FOOTING A VOLUME OF SPACE UNDER THAT PORTION OF LOT "H" OF TRACT NO. 3334, RECORDED IN BOOK 54 OF MAPS AT PAGES 25 - 30 IN THE OFFICES OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LYING BELOW AN ELEVATION OF 1053.00 FEET AND ABOVE AN ELEVATION OF 953.00 FEET PER THE RIVERSIDE COUNTY BENCH MARK DESIGNATED AS "T-46-81 RESET 1997", HAVING AN ELEVATION OF 1097.163, ESTABLISHED ON JUNE 12, 1997, ON FILE WITH THE COUNTY OF RIVERSIDE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND MORE CLEARLY SHOWN ON EXHIBIT "D" ATTACHED HERETO AND MADE A PART HEREOF: COMMENCING AT THE CENTERLINE INTERSECTION OF YNEZ ROAD AND MOTOR CAR PARKWAY AS SHOWN ON PARCEL MAP NO. 23354 RECORDED IN BOOK 152 OF PARCEL MAPS AT PAGES 74 - 76 IN THE OFFICES OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE; THENCE NORTHERLY ALONG THE CENTERLINE OF SAID YNEZ ROAD NORTH 10° 12'45" WEST A DISTANCE OF 71.87 FEET; THENCE LEAVING SAID CENTERLINE NORTH 79°47' I S" EAST A DISTANCE OF 6.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING THE CENTER OF A 3.00 FOOT RADIUS EASEMENT. EXHIBIT "B" ~e~r 1 I OED/CA ~1 AND ~ CCEPIf0 J~1 - - If PER MB 52/25-30 1 44.00 --~ ,~ oO Sa.oo' I SCALE 1 =,30' 1 ~ I 1 N ~ I -.23.00~~ N7_9. ~~4~E ~34~~ 0 ro 0 ~fonue~ o. ~ Exp. 6-30-0 1 ~ GJQANT OF EASEMENT PER DOG: NO. 50718 REC. ?/9/9J ~ s.oo1 1 DED/GATED AND AGL^EP1E0 PER PMB 152/74-76 ~~ ~~~~~~ 1 1 _ ~~,~ -~~~~ ~~d ~ ~ S1072'/5 E 1,350' / / S79'4~4~w 1 1 \ 6'00'' 1 I _ IS79%f754 W a _ _ TRUE PG~NT GF ~, ~~ II ~ 1 BEG/NN/NG ~ ~ 1 ~~ ~ II o ~ 11 I ~ _ -~ _ MoT~Rw ~ GWANTGF'EASEMENTPER 1 1 Pri+"~ DOL: NO. 50724 REC. 2/9/9.3 PG%NT OF G'pyMENr.~FNr e ~~~ 1 ~ °° s 1 ~~ b 1 ~~ - 6 ~ ~ ~~ 4 EXGLrL EAG7Al~ER11G I ~' NLYN/TY A/AP 440 STATE" PLACE I NOT TO SCALE L~L^OYBlll2 CA 529 P1'igllr 17601745-BIlB 0 30 60 EXHIBIT "C" 1 ~ 1 1 1 1 __S79 _----""~- N7947'15"E 6.00' 51072'06'E 1,00' N79 47'15"E 2.50' -"" ,\ 1 SCALE 1 =10' Michael D. Levin Fxp, 6-30-09 EXGL~L EhCilAt'ERIAG 440 STATE PLALlr E,SGL7VDIAZ CA 9c'3~29 FKgllr 17601 745 9118 p 10 20 ~ ~ p,~~~~~ ~~ '47$4"IY 7.~' - - N7947:54'E 7.00' TRUE PLBNT C~ BEGYNN/NG TOP N 1 °~ ~ d° z o °~ ~'`' R,~ ~~ ~ 1~ ~ ~ ~ ~, a ~ ~N V 1~ p 1 /SOMETR/C IAEW NOT TO SCALE ~b~ CAR 1 Mo~R wAY pARK PO/NT OF COMMENCEMENT 1RUE PGyNT ~ BEQ'NN/NG BOTTOM R=3.00' ---'"" `-- N>07206'{Y 1300' -____ I EXHIBIT ee~xu I III' __,_ ---'"-"" N7947'15"E 6.00' „p~~ TRUE PO/NT Gig BEGYNN/NC R=3.00' ___---- ~' ~~ O e N ~ ~ ~ dq I ~ ~ ~3 ~~ ~ ~ ~° Oo ~ SCALE 1=10' ~'~ ~ `~ d ~ SAND ~~~naei o. ~h~ Exp. 6-w-09 * ' M~ Tp R CAR No. 6896 - PARKWAY 0 CA~~E r PO/NT OF COMMENCEMENT EXLEL EJIGIAL~ERIAG MHO STATE PLACE EJLQYDIAZ CA f~9 PfiplE <760I 755' 8118 0 10 20 EXHIBIT "E" CONDITIONS OF APPROVAL ACS shall have the exclusive use of the pedestrian bridge, and shall have the right to restrict access to authorized persons. ACS shall own the bridge, and City shall have no ownership interest therein. 2. ACS shall indemnify City as to the construction and operation of the bridge, consistent with the terms of an operating memorandum under Section 6.2 of the Development Agreement in a form mutually agreeable to the City and ACS and in a form satisfactory to the City Attorney. 3. ACS shall be responsible for all costs for design and construction of the bridge (including relocation of utilities, as necessary). 4. ACS shall protect any public utilities in the vicinity of the Vacation Area during construction of the piers, bridge abutments and similar supporting structures. Any damage to existing utilities shall be repaired or reconstructed, and any necessary temporary or permanent relocation shall be conducted, in a manner satisfactory to the affected utility at Abbott's sole cost and expense. 5. The vacation shall not impede Fire Department access to the pedestrian bridge or its appurtenant structures. 6. ACS shall be responsible for all costs for maintenance of the bridge and for removal upon cessation of use. 7. The City of Temecula reserves a power of termination as set forth in this condition of approval. a. After a period of three (3) years of continuous non-use of the pedestrian bridge constructed in the Vacation Area, the City may (but is not required to) take the steps set forth in this condition, within the time allowed by law. As used here, "continuous non-use" means that the pedestrian bridge has not been used to access or provide utility or other services to the real property on either end of the bridge during the period in question. b. If the City determines that there have been three (3) years of continuous non-use and wishes to proceed under this condition, it shall provide ACS with written notice of its determination and an opportunity to cure the alleged non-use. If ACS is no longer the record owner of the property on each side of the bridge at that time, the City shall provide notice to the then-record owner(s). Such notice shall provide ACS a ninety (90) day period within which to make use of the bridge. Notice shall be given, and days hereunder shall be counted, in the manner set forth in the Development Agreement. 1013349-1 c. If the City determines that ACS has not made reasonably frequent use of the bridge within the ninety (90) day period, the City Council shall consider the matter at a public meeting, and shall provide written notice to ACS (or the then-current owner(s)) at least thirty (30) days in advance of such consideration. If at the conclusion of its consideration the City Council determines that (a) there has been a three (3) year period of continuous non-use, and (b) that no reasonably frequent use was made during the ninety (90) day cure period, then the Council may adopt a resolution authorizing the exercise of the City's power of termination. The provisions of Development Agreement Section 12, Judicial Review, shall apply to the exercise or attempted exercise of the City's power of termination hereunder, or as to any other dispute under these conditions of approval, including (without limitation) resolution of claims through a general reference in accordance with Code of Civil Procedure Sections 638 through 645.1 or any successor statutes, and the right of the prevailing party to attorneys' fees and costs. In any reference or proceeding, the City shall have the burden of proof to demonstrate the fact of continuous non-use of the pedestrian bridge. 8. Nothing in this Resolution or conditions of approval shall affect the City's jurisdiction to take appropriate action to abate a public nuisance for disrepair of the bridge or for any other matter, as authorized by applicable law. 9. To the extent permitted by law, the provisions of this Resolution, including these conditions of approval, shall constitute covenants that shall run with the land for the .benefit thereof, and the benefits and burdens of this Resolution and conditions of .approval shall bind and inure to the benefit of the City and ACS and their respective .successors in interest. As used in these conditions of approval, "ACS" shall mean the owner(s) of the real property on either end of the bridge, adjacent to Ynez Road. If such property is at any time under the ownership of more than one person, then the obligations of such owners hereunder shall be joint and several. Condition 2 (as to execution of the required operating memorandum) shall be completed prior to recordation. The remaining conditions are long-term in nature and shall apply beyond recordation. 1013349-1 COUNCIL BUSINESS ITEM N~}. 17 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: April 8, 2008 SUBJECT: Higher Education Foundation Creation-California State University San Marcos (At the request of Mayor Naggar & Council Member Washington) RECOMMENDATION: Provide the City Manager authority to execute necessary contracts associated with the formation of a Higher Education Foundation (501c3) BACKGROUND: For over a year, the City of Temecula has made a concerted and dedicated effort to attract higher education institutions. With an educated work force residing in the City of Temecula, the City clearly understands the value placed on higher education opportunities and the asset it becomes to our existing and future businesses. In 2007 the City Council formed a Higher Education Subcommittee composed of Mayor Naggar and Council Member Washington. The mission of this subcommittee is to encourage the growth opportunities for community colleges, public universities and private colleges in Temecula. Since this time, Mt. San Jacinto Community College has made a business decision and commitment to occupy 28,000 sq ft on Enterprise Circle South. They have signed a 3-year lease and are set to offer courses as early as summer 2008. Concordia University, a private institution renewed their commitment to Temecula by signing a 10-year lease occupying 9,500 sq ft on Single Oak Drive. The University of Redlands located on Madison Avenue continues to offer undergraduate programs in Business and Masters Programs in both Business and Management. In addition, to these established schools, strong interest is being pursued by both Chapman University and California State University San Marcos (CSUSM) to locate in Temecula. Based on several meetings over the last year with CSUSM President Dr. Haynes and her staff, the Subcommittee clearly now understands the mechanics of what is required for CSUSM to essentially open for business on a short term basis with an eye toward the establishment of a major facility presence. It is also abundantly clear that CSUSM is interested in Temecula and sees themselves here based on the demographics of the region and forecasted studies. The attached commitment letter reinforces this desire. In an effort to coordinate these objectives, the subcommittee and staff must identify acceptable classroom sites for consideration by April 30. Both the City and CSUSM have committed to establish a permanent presence for CSUSM in Temecula, therefore the Higher Education Subcommittee would like to introduce the following actions. These actions are necessary for CSUSM to begin course offerings in September 2008 with a focus an skilled nursing and teacher credentialing Concurrently with this site selection process, Subcommittee and staff must begin the formation of a 501 c{3) non-profit "Higher Education Foundation". Once formed, this Foundation primary focus will be capital fund raising for supporting Higher Education, specifically CSUSM facility costs bath in the short term and long term. A Foundation Board will need to be identified in conjunction with the creation of by-laws and the articles of incorporation. The Foundatian will operate completely independent of any City operating budgets and can be initially supported by City staff. Subcommittee and staff will also be communicating with Universal Health Care Systems {UHS) as the pending development of a new hospital should be a major factor and consideration in offering skilled nursing curriculum as proposed by CSUSM. The subcommittee is seeking approval to begin the formation of the Higher Education 501 c3 Foundation providing the City Manager authority to sign necessary contracts within his authority At a subsequent time, staff is prepared to bring back to the full City Council for discussion, the Foundation Board structure and details associated with the Board of Directors. FISCAL IMPACT: Initial costs to create a 501 c3 Foundation are estimated at $10,000 plus necessary staff time. Appropriate funding is identified in an Economic Development line item 001-999-111-5248. Attachment: CSUSM letter-Dr. Haynes, President ~~_ California State University SAN MARCOS January 4, 2008 Honorable Mayor Mike Naggar City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589 Dear Mayor Naggar: Office of the President CITY COUNCIL For Your Information California State University San Marcos San Marcos, California 91096-0001 US4 Te/: (760) 750-4040; Faz: (760) 750-4033 Ares@csusm.edu www.csusm.edu -,~~se=® ~~ ~ 2 2008 ~1iriNr'SGER'S C/FFICE California State University San Marcos has a continued interest in establishing a presence in the southwest Riverside County area. We aze encouraged by the discussions we have recently had with you and your management team and believe a viable partnership can be formed to extend the University to the City of Temecula and the region. As you know, a growing number of our incoming students - nearlyl3% in Fa112007 -originate from the southwest Riverside region. Our data show increasing numbers of alumni, and your future leaders, are employed in the region in business, biotech, government and social services, education and nursing. Cal State San Marcos offers an interactive and applied learning experience, astudent-centered environment and outstanding lifelong learning opportunities. Through a sustained partnership, we can provide affordable access to a quality public university in southwest Riverside County and, work towards our common goal - to raise the level of educational attainment and continue economic and social development in the region. I have asked Matthew Ceppi, Chief of Staff and Director, Institutional Planning & Analysis, to take the lead on this project. Mr. Ceppi will identify best practices in the CSU and work with your team, system and campus officials to explore sustainable and successful models for a center. He can be reached at (760) 750-4040 or mceppi~csusm.edu. Thank you for your interest in Cal State San Marcos. I look forward to furthering our discussion. Sineerety, ~~ -_~ -„. az~ynes, Ph.D. President KSH:mjc:kc cc: Chuck Washington, Council Member, City of Temecula Emily Cutrer, Provost and Vice President, Academic Affairs Jan Jackson, Dean of Extended Studies and Associate Vice President Community Engagement /Matthew Ceppi, Chief of Staff and Director, Institutional Planning & Analysis The Calitornia State University Bakersfield • Charnel Islands • Chico • Dominguez Hilis • East Bay • Fresno • Fullerto¢ • Humboldt • Long Beach • Los Angeles • Maritime Academy • Monterey Bay •. Northridge • Pomona •~Sacramento • San Bernardino • San Diego • San Francisco • San Jose • Sao Luis Obispo • $au Marws • Sonoma • Stanislaus DOCUMENTS SUBMITTED FOR THE RECORD '/ Y T ( R�Ell/,El U J�J 0 L rp' p I , E-R�VA-�TION D I - Sz`: )/ TI nl`� I C,a'T' -7 Pujol Street Preservation District One of the findings of the Keyser Marston study of Temecula's Old Town was the need to preserve historic buildings. Another recommendation was looking at Pujol Street as a place for the relocation of historic buildings. Pujol Street has been a part of Temecula, ever since the town was plotted out in the early 1880's. It also has historic buildings dating back to the early settlement of the town along the creek. These buildings are all currently located north of the 1 St Street Bridge, to just beyond Main Street. With the revitalization of Old town east of Murrieta creek, this puts this area of historic buildings parallel to the area between the gates on Front Street. Since a recommendation was made to look at Pujol Street as a place to relocate historic buildings, perhaps it's time to examine what is currently on Pujol Street. South of the recently constructed Main Street Bridge, Pujol is a dead end street. History is a strong tourist draw for Old Town, but there is little to recommend this part of Pujol Street to the tourist. Placing the community pantry there actually would undermine this part of Pujol Street as a tourist resource. If improvements to the creek take place, it may be possible then to encourage tourism to this part of Pujol St., but improvements to the creek are perhaps years off, especially when one considers the Federal Governments refusal to provide needed funds for improvements to the creek. There will also be a high concentration of housing constructed across the street from the community center, and that would also diminish the possibility of this stretch Pujol Street being a tourist draw for the foreseeable future. From the First Street Bridge, Pujol Street runs northward to Sixth Street. Although the northern portion of Pujol is a dense housing area, things change dramatically once you reach the 1936 Nienke house. Next is the McConville house. This may be the oldest existing residence in Old Town, and is a fine example of a Victorian residence. Continuing south on Pujol, until the First St. Bridge, you have an old fashioned residential area on the west side of the street. The concentration of historic buildings have been increased with the relocation of the Arviso house, which will be open to the public as the principle component of the "Heritage Ranch" history park. The Burnham home, the Albert Nienke House, and the Al Otto house, are also located on this part of Pujol. Since this portion of Pujol is largely between the two bridges, there is excellent traffic circulation for history minded individuals, who wish to see where the pioneers who built Temecula once lived. Although this part of Pujol St. has great potential to be an asset to Temecula, change is an ever- present component of Temecula. Some changes are possible that could undermine the potential for Pujol Street being a first class historic area. Reexamining Historic Resources Moving the community pantry and providing a place for the CRASH unit to Pujol Street near the community center is a good idea. Using the Escallier buildings to house the pantry is not. It would be better, and possibly less expensive to build new buildings which are given a period flair for this purpose, and which could be designed for the needs of the pantry. The Escallier buildings would have to be so remodeled to be put for a use they were never intended, they would in effect be lost as an historic resource. If the city is truly concerned with creating a link to it's rich history, then why use these historic resources in a manner which makes them inaccessible to the public, and why move them to the part of Pujol St. which where visitors to Old Town simply aren't venturing? Perhaps it's time city considered the west side of Pujol St. north of the First St. Bridge as an historic resource. Carroll Ave. in Los Angeles, without any commercial activity, is a popular tourist spot. Heritage Square, also in Los Angeles, receives many who wish to see some historic homes that were relocated to a stretch of city owned land along the 110 Freeway. Brinkerhoff Avenue in Santa Barbara is a popular residential street, featuring Victorian Homes, and commercial activity is permitted in them. There are people traveling to Redlands to see its historic homes. Pujol Street, with its historic residences, could be such a point of interest. We are past the point that Pujol Street is nothing more then just a place to 3 remove the past, in order to build affordable housing. With the two bridges, there is even greater traffic flow, then in the past when the Main Street Bridge was the only access available to Pujol Street. Increased tourist traffic would not be such a problem either. With the completion of the Western Bypass, commuter traffic will be reduced. The Pujol Street Renaissance Ten years ago, Pujol Street was considered a depressed area that was best forgotten. Early residences were torn down, and replaced with high- density low-income housing. That is no longer the case. The first historic property purchased as more then just another site for apartments, was by Roger Sannipoli when he purchased the McConville home. One party had up till then been making an effort to relocate the historic buildings at that site out of Old Town. Roger Sannipoli followed this up by purchasing, and renovating the Albert Nienke house built in the early 1920's. This was followed by the relocation of the Arviso House to Pujol Street. Although most of the housing built on Pujol Street since 1980 used to be in the form of apartment buildings, there has been an increasing number of detached single family houses built on Pujol St. recently. Between a 1936 bungalow house at 28575 Pujol to the north, and the Habitat for Humanity houses to the south, the west side of Pujol Street is an uninterrupted area of detached single-family houses. This part of Pujol Street to this day feels 4 like an old fashioned neighborhood, and with assistance from the city, could remain so. There should be some concern whether this historic oasis can survive into the future. A large lot at 28701 Pujol St., occupied by a single house, could eventually become the site of a large residential project. The site of the McConville house could eventually become another site of a large residential project. This could create a situation where you have high density housing the entire length of Pujol Street, with an occasional historic site sandwiched between large residential projects. This would in effect undermine Pujol Street as remaining a part of Old Town, and would make Pujol a street of only marginal interest to visitors. Do we want Old Town limited to the area between Murrieta creek and Interstate 15, or should the city consider the importance of maintaining Old Town to the hills which lie to the west? What Price Preservation? Temecula can easily have what so many other cities have, a historic residential area, by taking some action. An ideal place to relocate Historic buildings could be found at 28701 Pujol Street. This will be exactly 50 feet south of the Heritage Ranch Project, and in a more visible location then next to the community center on a dead end street. If the city can acquire this land, rather then allowing yet another condominium project being built at this site, there could be historic buildings here. This would make Old Town even more attractive to history minded s individuals. With this site being centrally located between First and Main Street, the bridges would insure good traffic circulation. The city can also benefit from any public attention being directed to Heritage Ranch; as the sites are close. Regarding the Escallier Buildings; it would also make sense to build new buildings with a period flavor for the community Pantry and Crash near the community center, and move the Escallier Buildings to this location north of the First Street Bridge. This would insure that visitors to Old Town would have more access to the buildings. The operation of this historic site could be handed over to the Temecula Valley Historical Society, which has been in real need of a space to maintain archives, as well as the need to have a greater public presence. The lot is large enough to accommodate not just the Escallier Buildings, but some additional buildings as well. There could be a need for this if a developer purchases the land where the McConville House is located. Finally, if this property became an historic site, there could be a day when Heritage Ranch could be added, as a way to insure that site remains open to the public as an historic environment. Heritage Square, Temecula The Property at 28701 Pujol Street is a large lot, occupied by a single house with attached garage toward the rear. This leaves a nice relatively flat space toward Pujol Street. Because of the size, two driveways serve the lot. In front of the lot is an RTA c bus stop, which shows the property is easily reached using public transit. The existing residence is of no architectural significance, but would make an ideal spot for caretakers to live on the property, and is located toward the rear of the property to minimize the space it occupies. The old Vail Ranch buildings have suffered vandalism, due to the inability to have anyone living on the site, and so the value of having an on-site guardian cannot be overstated. This additional building would also eliminate the need to provide living quarters within any historic building relocated to this property. The Escallier residence dates to the twenties, was one of the finest homes built in this period of Temecula's history, and could be easily turned into a residential environment representing the time when the Hollywood elite came to Temecula to "get away from it all". While the residence would make a fine museum home, the barn would be perfect for holding meetings and the presentation of films and other media focusing on Temecula's rich history and lore. The barn could also be a place where the historic society could maintain an archive for the preservation of historic materials. As long as the Escallier buildings, and existing residence, are the only structures to be sited on the property; there could be ample room for parking. If the Escallier buildings were given a minimum setback from the street, this would reduce the parking presence from the street. The need to keep parking unobtrusive was made quite clear over discussions regarding Heritage Ranch; and the two driveways there would provide ease for traffic control as patrons enter and exit the site. This parking could also be helpful when the Rod Run, and 4th of July creates a need for parking for patrons wishing to attend that event. Preserving the past to assure its future. Old Town has long been popular with visitors as a place of history, and even though new buildings in Old Town are being made to look old fashioned, Old Town could become a place with as much in common with the history of the area it exists, as New Orleans Square in Disneyland has with the traditions and history of Anaheim. By taking measures to acquire the property at 28701 Pujol Street, the city could insure not just buildings, but the flavor of a portion of Old Town would be preserved. An area highly visible from the new Main St. Bridge planned for Old Town, which would be a huge boost to Temecula's claim of being an historic area. It's true Old Town has historic buildings, but their placement among three and four story buildings, is creating an "Old Town" which wouldn't be recognized by the people who lived here a century ago. Pujol Street, nestled against the hills, with the tallest buildings being two stories, and having some of our city's oldest buildings, could be the one place in Temecula, which would truly preserve the flavor and scale of the Temecula that many have come to love, and many would like to see preserved. I I Bridging Puj of Street with the Rest of Old Town 1 M.x .tea a '. •" w � .. Artist concept of new Main Street Bridge. Thanks to the efforts of Roger Sannipoli, and the Cruz family (who maintain the Burnham home), you have two historic buildings flanking Main Street, just on the other side of the new multi million dollar main Street Bridge. 1884 Plat 1884 Map of Temecula U 10 Sites of Pujol Street Historic Buildings North of First St., there are six historic sites listed. This is the highest concentration of Historic sites in all Temecula. Placing the Escallier buildings at 28701 could cause Pujol St. to rival other cities in Southern California for having a fully developed historic neighbor- hood, which preserves the actual old western flavor of early Temecula between the two bridges which connect Pujol St. with the rest of Old Town. 1. Nienke House (1936) 28575 Pujol. St. 2. McConville House (1880's) 28585 Pujol St. 3. Albert Nienke House (1920) 28649 Pujol St. 4. G.A.Burnham House (1880's) 28653 Pujol St. 5. Arviso House (1910) 28673 Pujol St. 6. Al Otto House (1880's) 28717 Pujol St. Pujol Street Historic Buildings. ..._ p"YT .. ...r..--•,J�--✓ '" ms.-µ _ ._ -' Nienke House 28575 Pujol McConville House 28585 Pujol Al Nienke House 28649 Pujol Burnham House 28653 Pujol Arviso House 28673 Pujol Al Otto House 28717 Pujol 11 Recommendation of the Keyster Marsten Study Recommendation 1: Historic Core Goal: Preserve and respect the historic buildings. Recommendation: Protect and preserve designated historic buildings. What is more respectful to the buildings of Temecula's first winery? Using these historic buildings for the community pantry, or relocating them to this largely vacant lot at 28701 Pujol Street, and using them for a museum? Large lot at 28701 Pujol St. 12 A Better home for the community Pantry Many of the buildings in present day Old Town were designed by Dick Gibbo. This is an example of his work, at 41915 2nd Street. Here, a manufactured building was given a western style facade by the noted local architect. This Facade treatment could easily be placed on all four sides of the building. This building will be in the way of a newer building planned for the same site. Relocated near the community center; this would be a much better building for the Pantry's needs, and easier to adapt to the specific needs of that organization. 13