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061008 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title I I] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 10, 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 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. -Closed Session of the City Council regarding Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, 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. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54959.9(c} to 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: 08-03 Resolution: 08-47 CALL TO ORDER: Mayor Mike Naggar Prelude Music: To be announced. Invocation: Pastor John Wagner of St. Catherine's of Alexandria Catholic Church Flag Salute: Council Member Ron Roberts ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar Certificate of Honor recognizing Lieutenant Colonel William G. Hall Proclamation far Howard Windsor 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 will 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 Minutes RECOMMENDATION: 2.1 Approve the minutes of April 22, 2008; 2.2 Approve the minutes of May 13, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS A5 SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of April 30, 2008 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of April 30, 2008. 5 Approval of Election Resolutions RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008 5.2 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES 6 Memorandum of Understanding (M.O.U.) 2008 RECOMMENDATION: 6.1 Approve the Memorandum of Understanding (M.O.U.) between the City and the represented employees of the California Teamsters Public, Professional, and Medical Employees Union Local 911. 7 Public Works Fiscal Year 2008-2009 Annual Maintenance Contracts RECOMMENDATION: 7.1 Approve the Annual Maintenance Contracts for Fiscal Year 2008-2009. 1. Becker Engineering $200,000.00 2. Del Rio Enterprises $ 50,000.00 3. Imperial Paving Co., Inc. $200,000.00 4. Monteleone Development $200,000.00 5. NPG Corporation $ 50,000.00 6. Pacific Striping, Inc. $100,000.00 7. Rene's Commercial Management $200,000.00 8. Road Works, Inc. $ 50,000.00 9. Strong's Painting $ 50,000.00 8 Third Amendment to Construction Contract for Fiscal Year 2008-2009 Citywide Street Striping Program -Project No. PW05-02 RECOMMENDATION: 8.1 Approve the Third Amendment to the Construction Contract with Pacific Striping, Inc. for Fiscal Year 2008-2009 Citywide Street Striping, Project No. PW05-02 for an amount of $275,000 and authorize the Mayor to execute the amendment. 9 Annual Purchase Agreement for Citywide Street Name Signs for Fiscal Year 2008-2009 RECOMMENDATION: 9.1 Approve an annual agreement with Main Street Signs for the purchase of Citywide street name signs, traffic control signs, replacements, and materials for repairs in the amount of Seventy-Five Thousand Dollars and Na Cents ($75,000) for Fiscal Year 2008-2009, and authorize the Mayor to execute the agreement. 10 Annual Purchase Agreement for FY 2008-2009 for the Purchase of Asphalt Products RECOMMENDATION: 10.1 Approve the purchase agreement for Fiscal Year 2008-2009 with CalMat (dba Vulcan Materials Company) for the purchase of Hot Mix Asphalt and SS1 H Emulsion Tack for street and pothole repairs in the amount of One Hundred Thousand Dollars and No Cents ($100,000} and authorize the Mayor to execute the agreement. 11 Annual Purchase Agreement for FY2008-2009 for the purchase of Traffic Control Materials for various Citywide Projects RECOMMENDATIONS: 11.1 Approve the purchase agreement for Fiscal Year 2008-2009 with Traffic Control Services for the purchase of traffic control materials for various Citywide projects, in the amount of Fifty Thousand Dollars and No Cents ($50,000) and authorize the Mayor to execute the agreement. 12 First Amendment to Contract with West Coast Arborists for Citywide Tree Maintenance Service RECOMMENDATION: 12.1 Approve the First Amendment to the Citywide Tree Trimming Maintenance Service Contract to West Coast Arborists, Inc., for $150,000 for Fiscal Year 2008-2009 and authorize the Mayor to execute the contract; 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,000, which is equal to 10% of the contract amount. 13 Authorize Temporary Street Closure for the Street Painting Festival in Old Town (Fourth Street between Murrieta Creek and Mercedes Street) RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CLOSURE OF A PORTION OF FOURTH STREET FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 14 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Old Town Infrastructure Project -Parking Structure, Office and Retail, Project No. PW06-07 (1 D) RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE PLANS AND SPECIFICATIONS FOR THE OLD TOWN INFRASTRUCTURE PROJECT (PARKING STRUCTURE, OFFICE AND RETAIL, P1N06-07) AND AUTHORIZING THE SOLICITATION OF CONSTRUCTION BIDS 15 Professional Engineering Services Agreement with Nolte Associates, Inc. for a Bridge Alignment Study. Temecula Creek Crossing; Project No. PW08-03 RECOMMENDATION: 15.1 Approve the Professional Engineering Services Agreement with Nolte Associates, Inc. for a Bridge Alignment Study for the Temecula Creek Crossing for access to Temecula Parkway, Project No. PW08-03, in the amount of $87,923, and authorize the Mayor to execute the agreement; 15.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $8,792, which is equal to 10% of the agreement amount. 16 First Amendment for Procurement of Computerized Maintenance Management Software RECOMMENDATION: 16.1 Approve an amendment to the agreement for the purchase of Computerized Maintenance Management System {CMMS) software from GBA Masters, Inc. in the annual amount of $34,500 commencing FY 2008-09 far a three year total of $103,500, and authorize the Mayor to execute the amendment. 17 Voter Approved Measure C Annual Special Tax Lew RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2008-2009 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS 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 an 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 18 Minutes RECOMMENDATION: 18.1 Approve the minutes of May 27, 2008. 19 First Amendment to the Roof Preventive Maintenance Services with Tremco/V1leatherproofing Technologies, Inc. for Fiscal Year 2008-2009 RECOMMENDATION: 19.1 Approve the First Amendment with TremcolWeatherproofing Technologies, Inc., for $29,800 to provide preventive roof maintenance services at the various locations and extend the Agreement to June 30, 2009. 20 Temecula Community Services District Fiscal Year 2008-2009 Annual Maintenance Agreements RECOMMENDATION: 20.1 Approve the minor annual maintenance and construction contracts for Fiscal Year 2008-2009 with: 1. Sean Malek for an amount not to exceed $100,000 2. Rizzo Construction, Inc. for an amount not to exceed $100,000 3. Moore Fence for an amount not to exceed $100,000 4. Park Specialties for an amount not to exceed $100,000 5. Alexander Pacific for an amount not to exceed $100,000 6. N.P.G. Inc. for an amount not to exceed $100,000 7. Imperial Paving Company, Inc. for an amount not to exceed $100,000 8. Strong Painting for an amount not to exceed $100,000 9. Craftsmen Plumbing for an amount not to exceed $ 50,000 10. Power Distributors, Inc. for an amount not to exceed $ 50,000 11. Monteleone Contractor's, Inc. for an amount not to exceed $50,000 12. Tiger Equipment, Inc. for an amount not to exceed $50,000 21 Agreement with Computer Alert Systems, Inc. RECOMMENDATION: 21.1 Approve a contract with Computer Alert Systems, Inc., for Alarm Monitoring, Inspection, and Repair Services in the amount of $37,700 for Fiscal Year 2008- 2009. 22 Contract for Production Equipment and Event Staging RECOMMENDATION: 22.1 Approve anon-exclusive Entertainment Agreement between the City of Temecula Community Services District and Timmy D' Productions in the amount of $55,000 for FY2008-2009. CSD PUBLIC HEARING Any person may submit written comments to the Community Services District 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 project{s) 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 23 Review and Adoption of the FY 2008-09 Annual Operating Budget (TCSD) RECOMMENDATION: 23.1 Adopt a resolution entitled: RESOLUTION NO. CSD 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FY 2008-09 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 24 TCSD Proposed Rates and Charges far FY2008-2009 RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. CSD 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B -RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C -PERIMETER LANDSCAPING AND SERVICE LEVEL D -REFUSE AND RECYCLING COLLECTION SERVICES FOR FISCAL YEAR 2008-2009 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" 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" farm 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 25 Minutes RECOMMENDATION: 25.1 Approve the minutes of May 27, 2008. RDA BUSINESS 26 Review and Adoption of the FY 2008-09 Annual Operating Budget (RDA} RECOMMENDATION: 26.1 Adopt a resolution entitled: RESOLUTION NO. RDA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2008-09 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 27 Review and Adoption of the FY 2009-13 Capital Improvement Budget for the Redevelopment Agency (RDA} RECOMMENDATION: 27.1 Adopt a resolutian entitled: RESOLUTION NO. RDA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2009-13 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2008-09 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 project(s) 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 CITY COUNCIL BUSINESS 28 Review and Adoption of the FY 2008-09 Annual Operating Budget RECOMMENDATION: 28.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2008-09 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 28.2 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 28.3 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2008-09 29 Review and Adoption of the FY 2009-13 Capital Improvement Program RECOMMENDATION: 10 29.1 Adopt a resolution entitled: RESOLUTION NO. 0$- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2009-13 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2008-09 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, June 24, 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. 11 PROCLAMATIONS AND PRESENTATIONS o O ~ ~ ° o ~ ~ ~ ~ -~ ~ U N ~ ~ U "" '~ ~ °' ~ ~~ ep U u ~ ~' ~ ~ ~ ~~ w z ~ ~ ~ ~ W~~ a~ ~ ~ ~ ~ ~ ~~ ~ U ~ _p ~ ~ p • .-~ ~ ~ ~ ~ J ~ zj ~ ~ ~ ~ ~~ ~ W .~ ~ ~ ~ ~~ ~ ~~ ~ a ~ ~ ~ ~ ~ ~ ~' ~v ~ ~ ~„ U N N ~ ~ ~ ~ ~ ~ ~ ~ © ~ H v ~ ~' ~ ° 'V ~ ~ ~ ~ ~ •~ ~ ~ 43 ~ rV ~ O ~ ~ ~ ~ ~ o '~ ~ ;~ ' ~ ~ ~ ~ ~ 41 ~ ~ ° ~ '~ _ ~ U ~ M w •~ ~ z" N O ~ ~ O ~ O ~ ~ O ~ ~ ~ ~' ' ~ ' ~--~ ~ t ~ ~ ~ ~ ~ O ~ q~ N • ~ • ~ +'~.~ ~ CONSENT CALENDAR ITEM RI~J. 1 ITEM RI~J. 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL APRIL 22, 2008 The City Council convened in Closed Session at 6:15 p.m. and its regular meeting commenced at 7:00 p.m. on Tuesday, April 22, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Roberts, Naggar Absent: Council Members: Washington PRELUDE MUSIC The prelude music was provided by Anthony Savitt. I NVOCATI O N The invocation was provided by Pastor Struikmans of Rancho Community Church PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Edwards Building Safety Week Proclamation On an ongoing effort to ensure that residents and individuals patronizing businesses within the City of Temecula are afforded the highest construction standards available, Mayor Naggar proclaimed the week of May 5t" through May 11t", 2008, to be Building and Safety Week in Temecula. Accepting the proclamation, Director of Building and Safety Harold thanked the City Council for its support. Mental Health Month Proclamation Mayor Naggar proclaimed the month of April, 2008, to be Mental Health month. For her continued dedication and support to the City of Temecula, the City Council in conjunction with Paul Price, presented Ms. Eve Craig with a portrait. With appreciation, Ms. Craig accepted the portrait and thanked Mr. Price and the City Council for the recognition. PUBLIC COMMENT A. Mr. Fred Hayes, De Luz, thanked the City Council for its efforts with regard to the annexation process and invited the public to attend the Living Sign Event at Patricia H. Birdsall Sports Park at 11:30 a.m. an Sunday, May 4, 2008. R:1Mi n utes1042208 B. Mr. Denny Miles, Temecula, relayed his disappointment with the wrongful articles that are being written in the newspapers and noted that his wife and he would be supportive of City Council decisions and its efforts to better the community. C. Mr. Phil Roy, Temecula, queried on the unmanned fire station on the Roripaugh Ranch Ashby development. Due to the complexity of the unmanned fire station on the Roripaugh Ranch Ashby development, Mayor Naggar advised Mr. Roy to contact the City Manager's office for a briefing of the project. With respect to a fire station in the easterly part of Temecula, Council Member Roberts advised of the upcoming brand new temporary fire station on Glen Oaks Road (south of Rancho California Road) in the next 18 months. D. Ms. Rebecca Weersing, Temecula, invited the public to attend the 94t'' Annual Rose and Arts Festival to be held on Saturday and Sunday, May 3-4, 2008. E. Ms. Susan Puma, Temecula, invited the public to attend the 23~' Annual Garden Show and Garden Fairon Saturday, April 26, 2008. F. Mr. Ron Walton, Temecula, thanked the City Council for its efforts in promoting Old Town and relayed his disappointment with the recent unfounded remarks expressed in the local newspapers. G. Mr. Ed Dool thanked the City Council and the Chamber of Commerce for the State of the City speech and encouraged the public to vote in the upcoming election. H. Mr. Steve Phillips, Temecula, reiterated his concern with the Conditions of Approval not being met by the developer at the Reserve at the Crown Hill Community. With respect to Mr. Phillips' concern, Mayor Naggar suggested that he contact Mayor Pro Tem Edwards for an update to the issue in question. I. Mr. Bob Mejia, Temecula, also spoke regarding the problems at the Reserve at Crown hill and requested an expeditious solution. CITY COUNCIL REPORTS A. Mayor Naggar informed the public at the State of the City speech may be viewed on the City's website. CONSENT CALENDAR 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. R:1Mi n utes1042208 2 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of March 25, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Rancho California Water District Easement within Margarita Park RECOMMENDATION: 4.1 Grant an Easement to Rancho California Water District for construction, operation, and maintenance of facilities within Margarita Park; 4.2 Authorize staff to proceed with the necessary actions to cause the Easement Deed to be recorded. 5 Resolution of Support for the District Attorney of the County of Riverside's Pursuit of Full Funding for additional Judicial Officers to serve Riverside Countv (at the request of Mayor Na ar RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 08-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE DISTRICT ATTORNEY OF THE COUNTY OF RIVERSIDE'S PURSUIT OF FULL FUNDING FOR ADDITIONAL JUDICIAL OFFICERS TO SERVE RIVERSIDE COUNTY R:1Mi n utes1042208 3 6 Award of Construction Contract to American Heavy Moving and Rigging, Inc. for the relocation of existing structures, Old Town Infrastructure Improvements -Project No. PW06-07 (1 A) RECOMMENDATION: 6.1 Award a construction contract for Project No. PW06-07(1A), Old Town Infrastructure Improvements -Relocation of Existing Structures to American Heavy Moving and Rigging, Inc. in the amount of $31,120 and authorize the Mayor to execute the contract; 6.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,112, which is equal to 10% of the contract amount. 7 Memorandum of Understanding and Service Agreement with Eastern Municipal Water District for sewer facilities associated with the Old Town Infrastructure Project -Mercedes and Main Street Improvements -Project Na. PW06-07(1 C) RECOMMENDATION: 7.1 Approve a Memorandum of Understanding (MOU), and Service Agreement with the Eastern Municipal Water District (EMWD) for sewer facilities associated with Old Town Infrastructure Project No. PW06-07(1 C) and authorize the City Manager to execute the MOU and Service Agreement on behalf of the City. 8 Reimbursement Agreements with Eastern Municipal Water District and Rancho California Water District associated with the Old Town Infrastructure Project -Mercedes and Main Street Improvements -Project No. PW06-07(1 C) RECOMMENDATION: 8.1 Approve a Reimbursement Agreement in the amount of $11,700 with the Eastern Municipal Water District (EMWD} for adjustment of various sewer facilities associated with the Old Town Infrastructure Project No. PW06-07(1 C) and authorize the City Manager to execute the Agreement on behalf of the City; 8.2 Approve a Reimbursement Agreement in the amount of $40,850 with the Rancho California Water District (RCWD) for adjustment of various water facilities associated with the Old Town Infrastructure Project No. PW06-07(1 C) and authorize the City Manager to execute the Agreement on behalf of the City. 9 Amendment to Agreement with EDAW for biological observation, and monitoring, Lang Cannon Detention Basin -Project No. PW01-05 RECOMMENDATION: 9.1 Approve the first amendment to the Agreement with EDAW, Inc. for Biological Observation and Monitoring for the Long Canyon Detention Basin, Project No. PW01-05, in the amount of $8,684 and authorize the Mayor to execute the amendment; 9.2 Approve a transfer of $8,684 from the Long Canyon Detention Basin Access Road project to the Environmental Habitat Long Term Maintenance project account. R:1Mi n utes1042208 10 Project Funding, Acceptance of Improvements and Notice of Completion for the Diaz Rd. Realignment Project, Phase II - Praiect No. PW95-27 RECOMMENDATION: 10.1 Approve an increase in contingency funds of $25,066.74 and authorize the City Manager to approve change orders nat to exceed the total contingency amount of $277,036.24; 10.2 Accept the Diaz Rd. Realignment Phase II, Project No. PW95-27, as complete; 10.3 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1} year Maintenance Bond in the amount of 10% of the contract amount; 10.4 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 11 Award a Construction Contract for the Pechanga Parkway Phase I I Street Improvements - Proiect No. PW99-11 RECOMMENDATION: 11.1 Award a construction contract for the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11; Federal Project No. PLHL-5459(014), to All American Asphalt in the amount of $8,131,964.98 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 $813,196.50 which is equal to 10% of the contract amount. 12 Reimbursement Agreement with Eastern Municipal Water District associated with the Pechanga Parkway Phase II Street Improvements -Project No. PW99-11 RECOMMENDATION: 12.1 Approve the Reimbursement Agreement in the amount of $20,910 between Eastern Municipal Water District (EMWD) and the City of Temecula for adjustment of various sewer facilities associated with the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11, in substantially the same form attached and authorize the City Manager to execute the Agreement on behalf of the City. R:1Mi n utes1042208 5 13 Agency Agreement, Water System Grant Deed and Water Svstem Construction Agreement with the Rancho California Water District for water facilities associated with the Old Town Infrastructure Project -Mercedes and Main Street Improvements -Project No. PW06- a7t1 c) RECOMMENDATION: 13.1 Approve an Agency Agreement with the Rancho California Water District pertaining to the seven specific parcels of land that compromise the official map of the Old Town Civic Center Properties (PW06-07), and authorize the City Manager to execute the Agreement; 13.2 Approve a Water System Grant Deed with the Rancho California Water District thereby transferring all rights, title, and interests in specific portions of the water system improvements to be constructed as part of the Old Town Infrastructure Project PW06-07(1 C) to the District, and authorize the City Manager to execute the Deed; 13.3 Approve a Water System Construction Agreement with the Rancho California Water District, and authorize the City Manager to execute the Agreement. 14 Cooperative Agreement with the County of Riverside to mitigate traffic impacts in Western Riverside County - 2008 Status Report (at the request of Mayor Naggar) RECOMMENDATION: 14.1 Receive and file a status report on the Cooperative Agreement between the City of Temecula and the County of Riverside to Mitigate Traffic Impacts in Western Riverside County. (Item No. 14 was pulled for separate discussion; see page 7). 15 Air Systems Cleaning Agreement RECOMMENDATION: 15.1 Approve an agreement with Air Cleaning Systems in the amount of $67,816.34 for a Plymovent diesel exhaust removal system to be installed at Fire Station 84; 15.2 Approve a 10% contingency and allow the City Manager to execute change orders. 16 Appointment of Mayor Pro Tem Edwards to represent the City of Temecula on the Riverside Countv Habitat Conservation Authority Board RECOMMENDATION: 16.1 Appoint Mayor Pro Tem Edwards to represent the City of Temecula on the Riverside County Habitat Conservation Agency Board. MOTION: Council Member Comerchero moved to approve the Consent Calendar, pulling Item No. 14 for separate discussion. Council Member Roberts seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who was absent. R:1Mi n utes1042208 14 Cooperative Agreement with the County of Riverside to mitigate traffic impacts in Western Riverside County - 2008 Status Report tat the request of Mayor Naggar) RECOMMENDATION: 14.2 Receive and file a status report on the Cooperative Agreement between the City of Temecula and the County of Riverside to Mitigate Traffic Impacts in Western Riverside County. By way of PowerPoint Presentation, Director of Public Works Hughes provided a staff report {of record} highlighting the following: Cooperative Agreement Background 0 1999 to 2002 Riverside County prepared Riverside County Integrated Plan {RCIP) 0 2002 & 2003 City raises objections to landuse and transportation issues in the RCIP o November 2003 City filed legal action against the RCIP 0 2004 & 2005 City and County held settlement conferences o April 2005 Cooperative Agreement approved Cooperative Agreement Objectives o Amend County General Plan creating the I-215 Policy Area {major roads to be completed concurrent with residential development ) o Identify priority transportation projects o Manage residential development ensuring that transportation funding is in place o Initiate a freeway Strategic Study to address our future freeway needs Priority 1 Roadway Improvements o Newport Road - Complete o Scott Road - CFD Formed/Construction 2008 o Clinton Keith Road - CFD Formed, Right of Way undennray, ready for construction pending bond sale In response to the Council's queries, Director of Public Works Hughes explained the Community Facilities District {CFD) process and noted the following: • That the development community would control the process, quickness, and delivery of a project • That Winchester Road would not be paid by the CFD, but rather TUMF funding, some Measure A and Highway Bridge and thoroughfare fees • That the City had no jurisdiction over which corridor would be built first • That it has always been the City's intent through the Cooperative Agreement that all the major corridors be built concurrently • That the Newport Road CFD was formed long before the RCIP lawsuit and was funded before the lawsuit was settled • That the freeway strategic study was identified to cost $12.5 billion which would include adding freeways lanes needed to serve the region, interchange improvements, and freeway-to-freeway connectors • That $4.5 to 5 billion has been identified over the next 30 years • That the Nexxus Study identified that all new homes constructed within the region would be responsible for funding one third of the process • That RCTC will be forming an ad-hoc committee to explore funding sources to complete the project R:1M i n utes1042208 • That the County was completing safety improvements along Winchester Road before the Cooperative Agreement occurred • That the City of Temecula had no jurisdiction over timing with respect to which roads would be built first Council Members Comerchero and Roberts discussed the execution of the Cooperative Agreement. A. Supervisor Stone relayed his experience working on the Temecula City Council from 1992 to 2005; thanked Pastor Struikmans for his many years of service to the City of Temecula; congratulated Eve Craig, and noted that on behalf of the County of Riverside, in her honor, will be donating $1,000 to the Temecula Valley Rose Society; noted his dismay with recent newspaper reportings; explained the process with respect to the improvements on the French Valley area, I-15, SR79, Newport Road, Winchester Road, Scott Road, Clinton Keith Road, 1- 215 Policy Area; Freeway Strategic Plan; advised of the near completion of the environmental work of Phase II that will connect Thompson Road to Domenigoni Parkway; noted that staff is in the process of completing the acquisition of the right-of-way and would be hopeful to be under construction in 12 to 18 months; and applauded the work of the City Council and encouraged the Council to move forward. B. Mr. Ron Walton, Temecula, relayed his distress with the articles in The Bugle, Valley News, and the Press Enterprise and challenged the writers to rebut the statements that have been addressed tonight. C. Mr. Ed Dool, Temecula, thanked staff for addressing the false statements that have been made by writers of The Bugle, Valley News, and the Press Enterprise. D. Mr. Chris Pedersen, Temecula, commended the City Council for its stellar job in running the City and relayed that the residents of Temecula will hold the press accountable. The City Council thanked Supervisor Stone and staff for their comments and clarification with respect to the Cooperative Agreement with the County of Riverside to mitigate traffic impacts. Representing the County of Riverside, Mr. Juan Perez commended Director of Public Works Hughes and the City Council for their hard work and dedication far its participation with respect to the Cooperative Agreement with the County of Riverside. Mayor Naggar relayed his part with respect to the Cooperative Agreement with the County of Riverside. MOTION: Council Member Comerchero moved to receive and file this report. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who was absent. At this time, the City Council took a 10-minute break. At 9:01 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 9:14 p.m., the City Council resumed with regular business. R:1Mi n utes1042208 8 CITY COUNCIL BUSINESS 24 Consideration of A.M. Emergency Advisory Radio System tat the request of Mayor Pro Tem Edwards and Council Member Comerchero) RECOMMENDATION: 24.1 Receive and provide direction. Director of Information Systems Thorson provided a brief staff report (of record) The City Council thanked Director of Information Systems Thorson and staff for their efforts in implementing this report and advised of a brief meeting with KVCR television and radio and discussed coverage with respect to future emergency situations. MOTION: Council Member Comerchero moved to receive and file this report. Mayor Pro Tem Edward seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who was absent. 25 Campaign Disclosure Ordinance (at the request of Council Member Comerchero RECOMMENDATION: 25.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 48-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10, CAMPAIGN DISCLOSURE REQUIREMENTS City Attorney Thorson provided a brief staff report (of record), relaying the following: • That State Law mandates that committees identification numbers be required on all submitting documents • That other cities in the State have adopted the proposed Ordinance • That the definition of the proposed Ordinance is directly taken from the State law's Ordinance • That once a committee has entered into an agreement to pay for services rendered 6 months beyond, would not exempt them from any payment of any accrued expenses and would be reported and would be covered in the definition of expenditures The following individuals spoke in favor of the proposed campaign disclosure requirements: A. Mr. Kassin Klein, Murrieta, relayed his full support of the proposed Ordinance and queried on the language in-kind donations. B. Mr. Barry Garren, Wine Country, strongly supported the proposed Ordinance but did express his concern with the language in the Ordinance violating an individual's freedom of speech. R:1Mi n utes1042208 9 C. Mr. Chris Pedersen, Temecula, also expressed his support of the Ordinance Noting his full support of the Ordinance, Council Member Comerchero thanked the City Attorney for implementing this type of proposed Ordinance in such a quick manner, but queried if it would be necessary to require a candidate's name and I.D. number on submittals. Also relaying his support of the proposed Ordinance, Council Member Roberts relayed his satisfaction with the language of the proposed Ordinance. Echoing comments made by City Council Members, Mayor Naggar expressed his support of the Ordinance and noted that it would be his opinion that the language in the proposed Ordinance would be appropriate and would not need to be revised in any way. City Attorney Thorson explained the definition in-kind service to the City Council as well explained the City Clerk's position with respect to campaign literature. MOTION: Council Member Roberts moved to approve staff recommendation. Mayor Naggar seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who was absent. Noting a slight change in the proposed Ordinance as provided, City Attorney Thorson introduced and read by title only Ordinance 08-02. DEPARTMENTAL REPORTS 26 Economic Development Department Monthly Report 27 City Council Travel/Conference Report -March 2008 28 Planning Department Monthly Report 29 Police Department Monthly Report CITY IUTANAGER REPORT No reports at this time. CITY ATTORNEY REPORT With respect to closed session, City Attorney Thorson advised that there was no formal action to report but noted that the City Council gave direction to staff with respect to a real estate matter that will be forwarded to the City Council at a future meeting, advising that Mayor Pro Tem Edwards abstained with regard to this matter. R:1Mi n utes1042208 10 ADJOURNMENT At 9:56 p.m. the City Council meeting was formally adjourned to Tuesday, May 13, 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. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:1Mi n utes1042208 11 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 13, 2008 The City Council convened in Closed Session at 6:15 p.m. and its regular meeting commenced at 7:00 p.m. on Tuesday, May 13, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Roberts, Washington, Naggar Absent: Council Members: None PRELUDE MUSIC The prelude music was provided by Niko Ayala I NVOCATIO N The invocation was provided by Pastor Mike Wallace of Crossroads Church PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Temecula Valley Young Marines Public Works Week Proclamation In recognition of the many contributions of the Public Works Department to the health, safety, comfort, and quality of life of this community, Mayor Naggar proclaimed May 18t" through 24t", 2008, to be National Public Works Week. On behalf of the Public Works Department, Deputy Public Works Director Butler thanked the City Council for the recognition. Certificates of Appreciation to Temecula Youth Employment Expo Committee Members In honor of their efforts in making this year's Youth Employment Expo a success, the City presented the following individuals with a Certificate of Appreciation: • Ms. Lynn Laing, Partners in Education Committee • Ms. Jennifer Malek, Temecula Valley Chamber of Commerce • Ms. Alice Sullivan, Temecula Valley Chamber of Commerce • Ms. Laura Turnbow, Temecula Valley Chamber of Commerce • Ms. Connie Harrick, Temecula Valley Unified School District • Ms. Tracy Hunter, Temecula Valley Unified School District • Dr. Carol Leighty, Temecula Valley Unified School District • Mr. Scott Schaufele, Temecula Valley Unified School District • Ms. Yolanda Guttierez, Riverside County Economic Development Agency R:1Mi n utes1051308 • Ms. Martha Ventura, Riverside Economic Development Agency • Ms. Corinna Coran, Partners in Education Committee • Ms. Karen Harr, Riverside County Office of Education On behalf of the committee, Ms. Sullivan thanked the City Council for its ongoing support Certificate of Appreciation to Bob Spaller Honoring along-time resident of Temecula that has been an icon in Old Town Temecula since the 1960x, Mayor Naggar, on behalf of the City of Temecula, presented Bob "the Barbe-'' Spaller with a Certificate of Appreciation. Reminiscing the past, Mr. Spaller thanked the City Council for the recognition. PUBLIC COMMENT A. Ms. Barbara Wilder, Temecula, highlighted the City Council's achievements and relayed her appreciation of all the new facilities the City has built, and requested that residents ignore the disgruntled residents attacking the Council for false and unproven innuendos and ignore the false accusations. B. By way of overheads, Mr. Doc Lain, Temecula, expressed his concern with an article in the Press Enterprise referencing the future Civic Center site area and its potential of underlying Indian artifacts, Mr. Lain queried on the archeological documentation of the Mitigated Negative Declaration. In response to Mr. Loin's query of the Mitigated Negative Declaration, Mayor Naggar advised that he contact the City Manager's office for clarification. C. Ms. Tracy Mackellar, Temecula, relayed her frustration with the developer of the Reserve at Crown Hill and the lack of fulfilling its Conditions of Approval as mandated by the City of Temecula and requested that the City Council hold the developer accountable for its responsibilities. D. Mr. Kevin Richards, Temecula, also relayed his dismay with the developer of the Reserve at Crown Hill and the lack of responsibilities to the residents. With respect to the Reserve at Crown Hill, City Manager Nelson advised that Mayor Pro Tem Edwards, staff, and he will be diligently working to resolve the issues of the community at the Reserve. E. Mr. Steve Phillips, Temecula, reiterated his concerns with the Reserve at Crown Hill and thanked staff for its efforts thus far. F. Mr. Michael Minniear, Temecula, relayed the issues at the Reserve at Crown Hill and requested the help of the City Council. G. Mr. Jon Billings, Temecula, echoed comments with respect to the concerns of the Reserve at Crown Hill. H. Mr. Bob Mejia, Reserve at Crown Hill, Temecula, thanked the City Council for its efforts but reiterated the importance of the Council and staff continuing its efforts to resolve the issue at hand. R:1Mi n utes1051308 2 I. By way of overheads, Mr. Otto Baron, Temecula, spoke regarding the Escallier House and Barn and relayed his dismay with the future spot for the building and the destruction of the historic character of the Escallier House and Barn, and requested that the City Council reconsider its plans far the Escallier House and Barn. J. By way of handout, Ms. Nancy Baran, Temecula, echoed comments by Mr. Baran. K. Ms. Kathleen Hamilton, De Luz, commented on the many reasons why individuals have chosen to reside in the City of Temecula and thanked the City Council for providing a safe and wonderful community for future generations to enjoy. L. Mr. Wayne Hall, Temecula, thanked the City Council for its efforts in addressing the abandoned home in his neighborhood and expressed his dismay with the Press Enterprise. M. Mr. Ed Dool, Temecula, congratulated the City of Temecula for receiving four awards of Excellence with respect to its Old Town Community Theater, The Parents Single Focus Group, The Temecula Library, and the Patricia H. Birdsall Sports Park; and advised the citizens of Temecula, that the City of Temecula was ranked 18th for the State of California for Automated Signal System which the City received $500,000 to mitigate traffic issues. N. Mr. Kassen Klein, Murrieta, commended the City Council and staff for its leadership and also gave kudos to the City for ranking 18th in the State of California with regard to funding for an Automated Signal System. O. Mr. Gary Thornhill, Temecula, spoke regarding erroneous statements made in the City's local newspaper articles, as well as speakers who speak regarding false tales; and commended the City Council and staff for its ongoing efforts to ensure quality of life and public safety for its residents. P. Mr. Chris Pedersen, Temecula, also relayed his dismay with the false innuendos made against the City of Temecula and County of Riverside. CITY COUNCIL REPORTS A. Referencing an article in the Press Enterprise regarding the recycling of soccer uniforms and equipment for less fortunate families, Council Member Comerchero invited the public to attend an event to collect gently used uniforms for kids which will be held on Saturday, May 17, 2008, at Ronald Reagan Sports Park, Pala Park, Patricia H. Birdsall Sports Park, and Harveston Community Park. B. Understanding the concerns of the residents of the Reserve at Crown Hill, Mayor Pro Tem Edwards advised that she will continue to work with regard to this matter to ensure the issues are resolved and noted that staff is working on an Ordinance with respect to foreclosures in the community. C. Council Member Roberts referenced a letter from the Mayor of Liedschendam-Voorburg honoring Ad and Elizabet Creemers of Temecula for all their efforts in establishing the Sister City Association. D. Council Member Washington relayed his disappointment with the City Council being accused of erroneous doings and questioning the integrity of his Council Members as well as himself by a few detractors. By way of overheads, he described the California Form 700 which all Council Members are required to fill out yearly; explained the mission statement of the Fair Political Practices Commission (FPPC); and relayed his past employment. R:1Mi n utes1051308 3 E. On behalf of the City Council and City of Temecula, Mayor Naggar honored Council Member Washington for receiving a distinguished Leadership Award from the American Planning Association and spoke regarding his prestigious position servicing as Chair on the Western Riverside Council of Governments {WRCOG). Mayor Naggar relayed that a Bob's Big Boy will be coming to Temecula as well as a Morton's Steak House andlor a Ruth's Chris Steak House. By way of overheads, Mayor Naggar spoke regarding Phase I of the construction of the future Civic Center and the testing of a horse-drawn trolley system for moving patrons around Old Town. CONSENT CALENDAR 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 Minutes RECOMMENDATION: 2.1 Approve the minutes of April 8, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of March 31, 2008 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of March 31, 2008. R:1Mi n utes1051308 4 5 Initiation of City Construction of Priority Public Improvements with Bond Proceeds (CFD 03- RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 08-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CONSTRUCTION OF VARIOUS PUBLIC IMPROVEMENTS RELATED TO DEVELOPMENT IN RORIPAUGH RANCH AND RELATED ACTIONS, AND AUTHORIZING AND DIRECTING VARIOUS ACTIONS WITH RESPECT TO THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) 6 Contract for Audit Services for the Fiscal Years Ended June 30, 2008, 2009, and 2010 RECOMMENDATION: 6.1 Approve an agreement with Lance, Sall and Lunghard, LLP, Certified Public Accountants, to serve as the City's auditors for the fiscal years ended June 30, 2008, 2009, and 2010, for annual contract amounts of $43,400, $44,610, and $45,860, respectively; 6.2 Approve a 10% contingency amount for the three year period; 6.3 Appoint the Mayor or his designee to meet with the auditors in order to comply with new auditing standards. 7 Acceptance of Improvements and Notice of Completion for Phase II of the Maintenance Facility Expansion Field Operations Center, Project No. PW03-06 RECOMMENDATION: 7.1 Accept Phase II of the Maintenance Facility Expansion Field Operations Center, Project No. PW03-06, as complete; 7.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 7.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. R:1Mi n utes1051308 5 8 All-Way Stop Control -Walcott Lane and Klarer Lane RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 08-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL-WAY STOP CONTROL AT THE INTERSECTION OF WALCOTT LANE AND KLARER LANE 9 Contractor Pre-Qualifications for Phase 2 of the Old Town Civic Center, Project No. PV1106- 07(Ph2) RECOMMENDATION: 9.1 Authorize the Department of Public Works to solicit and pre-qualify contractors to perform the work required for Phase 2 of the Old Town Civic Center Project, Project No. PW06-07{Ph2). 10 Professional Services Agreement for Geotechnical and Material Testing Services with Geocon Inland Empire, Inc., associated with the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11 RECOMMENDATION: 10.1 Approve an agreement with Geocon Inland Empire, Inc., in an amount not to exceed $125,589 to provide as needed geotechnical and material testing services for the Pechanga Parkway Phase I I Street Improvements, Project No. PW99-11, and authorize the Mayor to execute the agreement; 10.2 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $12,558.90, which is equal to 10% of the agreement amount. 11 Agreement for Consulting Services between the City of Temecula and Inland Planning and Design, Inc., for preparation of Design Guidelines for the Old Town Specific Plan RECOMMENDATION: 11.1 That the City Council approve a contract with Inland Planning & Design, Inc., for planning services in the amount of $45,000. {Considered under separate discussion; see page 7). Mayor Naggar relayed his enthusiasm with respect to Item No. 5 of the Consent Calendar, noting that these improvements will take 12 to 18 months to complete. R:1Mi n utes1051308 12 Second Reading of Ordinance No. 08-02- Continued to the meeting of May 27, 2008 RECOMMENDATION: 12.1 Adopt an Ordinance entitled: ORDINANCE NO. 08-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10 TO THE TEMECULA MUNICIPAL CODE PROVIDING FOR CAMPAIGN DISCLOSURE REQUIREMENTS A. Mr. Tom Rogers, Winchester, relayed his appreciation of the continuation of Item No. 12 in order to allow an opportunity to review Mr. Bell's comments and suggestions. B. Mr. AI Rattan, Temecula, thanked the City Council for extending Item Na. 12 for further review. Mr. Rattan also referenced an article by the Press Enterprise with regard to campaign disclosure requirements. C. Mr. Bob Kowell, Murrieta, relayed his opposition to the proposed campaign finance Ordinance. D. Mr. Ed Dool, Temecula, reiterated his support of the campaign disclosure requirements. E. Mr. Chris Pedersen, Temecula, also relayed his support of the campaign disclosure requirements. MOTION: Council Member Edwards moved to approve the Consent Calendar with the exception of Item No. 11 which was pulled for separate discussion and Item No. 12 which was continued to May 27, 2008. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who abstained on Item No. 2.1. CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION 11 Agreement for Consulting Services between the City of Temecula and Inland Planning and Design, Inc., for preparation of Design Guidelines for the Old Town Specific Plan RECOMMENDATION: 11. 1 That the City Council approve a contract with Inland Planning & Design, Inc., for Planning services in the amount of $45,OOQ. Assistant City Manager Johnson provided a staff report {of record). A. Relaying his full support, Mr. Kassen Klein, commended staff and the City Council for the proposed Design Guidelines for the Old Town Specific Plan. R:1Mi n utes1051308 7 MOTION: Council Member Comerchero moved to approve Item No. 11. Council Member Roberts seconded the motion and electronic vote reflected unanimous approval. At 8:37 p.m., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, and the Temecula Public Financing Authority. At 8:42 p.m., the City Council resumed with regular business. CITY COUNCIL BUSINESS 21 Request for Direction from City Council regarding Zoning for Public Charter Schools as reauested by Julian Charter School RECOMMENDATION 21.1 Provide direction to staff whether or not to proceed as recommended by the Planning Commission as follows: That an amendment to the Development Code be considered to provide that all schools be processed and reviewed in the same manner (except Temecula Valley Unified School District is exempt). That all schools require a Conditional Use Permit (CUP}, and not be outright permitted, so that the placement of schools and their relationship to surrounding uses, as well as CEQA impacts, can be analyzed on a case by case basis with each Conditional Use Permit application. By way of staff report, Junior Planner Lowrey addressed the Current Commercial Zoning requirements and as well commented on the Planning Commission's proposed recommendation In response to the City Council's queries, Ms. Lowrey noted the following: • That by law, Charter Schools have been identified as public schools • That Julian Charter Schools would receive its funding from the Temecula Valley Unified School District A. Ms. Jennifer Cauzza, representing Julian Charter 5chaol, made the following comments: • That Julian Charter School has been established for nine years and is sponsored by Julian Elementary School District in San Diego County • That Julian Charter School has 1,900 students all within the San Diego County, Orange County, and Riverside County • That there are five Julian Charter School facilities in operation • That the proposed Temecula facility would service students K-8 and would be considered anon-classroom based charter school • That Julian Charter School would comply with all required charter school laws and regulations • That funding received would be directly funded to Julian Charter School from the State • That the facility in question would currently have 117 students enrolled, noting that seven students would be from the City of Temecula • That students currently enrolled at the proposed facility currently serve students from Fallbrook, Escondido, Oceanside, Fallbrook, Sun City and the City of Temecula • That the applicant has completed all necessary requirements • That charter schools were opened to challenge traditional school methods R:1Mi n utes1051308 8 • That the primary goal of charter schools would be to personalize learning per student needs • That at this point in time, the proposed Julian Charter School would lease its site • That Julian Charter School does not offer athletics • That no more than 160 students would be able to attend the school at any given time • That Julian Charter School would be considered a public school and would be mandated to offer special education classes for its special needs students • That Julian Charter School IUP students are not referred out, noting that the school would comply with all State laws and regulations B. Ms. Sue Miller-Hurst, Director of the Innovation Center, relayed that legislation created charter schools to create competition for school districts so that positive change could happen; to create innovation and choices for parents; and that the public law for education would be a constitutional law for students. C. Dave Gallaher, representing the Temecula Valley School District, relayed that the school district would be in support staff's recommendation, as written; but would request that the CUP process require that future charter schools attempt to communicate with the district to better serve the students in the community. D. Mr. Larry Markham, representing Julian Charter School, noted his support with staff recommendation, as written and voiced no objection of notifying the Temecula Valley School District's notification process of any potential charter schools. E. Mr. Brian Frunk, representing M.S.S. Properties, relayed his support of the proposed facility. Noting his support of the proposed Julian Charter School, Council Member Washington suggested the formation of an ad hoc subcommittee comprised of himself and Mayor Pro Tem Edwards to meet with the City Attorney and staff to work on provisions of a Development Code Amendment regarding public charter schools. For the record, Director of Planning Ubnoske clarified that the Temecula Valley School District would be exempt from the provision; and requested that after provisions have been recommended by the City Attorney, staff, and subcommittee, the recommendation would require review by the Planning Commission prior to forwarding it to the City Council. MOTION: Council Member Comerchero moved to approve staff recommendation and authorize the formation of the ad hoc subcommittee to work with the City Attorney and staff and return to the City Council for a recommendation. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected unanimous approval. CITY MANAGER REPORT No reports at this time. CITY ATTORNEY REPORT With respect to closed session, City Attorney Thorson advised that with respect to the three real property matters, the City Council considered the price and terms and authorized staff to make R:1Mi n utes1051308 9 specific offers with respect to acquiring those properties; that with respect to the second item, Roripaugh Ranch, the City Council authorized the filing of a foreclosure action against Ashby, U.S.A. for the non-payment of special taxes. A. Mr. AI Rattan, Temecula, referenced a letter from the City Attorney to the Fair Political Practices Commission {FPPC) dated in March 2008; and requested that any Ordinance with respect to the Campaign Disclosure requirements include a section with regard to Rancon. Referencing the letter to the FPPC, as mentioned by Mr. Rattan, Council Member Washington relayed his resentment to Mr. Rattan's comments and clarified the letter in whole. The City Council relayed their resentment towards Mr. Rattan's false comments and noted that if he continues to make such, that he do his research the accuracy of them prior to presenting them to the Council. ADJOURNMENT At 9:31 p.m. the City Council meeting was formally adjourned to Tuesday, May 27, 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. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:IMinutes1051308 10 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: Jun 10, 2008 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Yonker, 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 $4,199,181.59. 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 10th day of Jun, 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 10th day of Jun, 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 05/22/2008 TOTAL CHECK RUN 05/29/2008 TOTAL CHECK RUN 05/29/2008 TOTAL PAYROLL RUN: $ 1,145,335.57 2,567,449.77 486,396.25 TOTAL LIST OF DEMANDS FOR 06/10/2008 COUNCIL MEETING: $ 4,199,181.59 DISBURSEMENTS BY FUND CHECKS: 001 GENERAL FUND $ 1,911,699.59 120 DEVELOPMENT IMPACT FUND 3,034.84 140 COMMUNITY DEV BLOCK GRANT 19,065.00 165 RDA LOW/MOD - 20% SET ASIDE 76,631.96 190 TEMECULA COMMUNITY SERVICES DISTRICT 217,771.98 192 TCSD SERVICE LEVEL B 53.87 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 22,968.01 194 TCSD SERVICE LEVEL D 921.51 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 9,272.26 197 TEMECULA LIBRARY FUND 1,594.50 210 CAPITAL IMPROVEMENT PROJECTS FUND 1,378,200.17 280 REDEVELOPMENT AGENCY -CIP PROJECT 4,740.91 300 INSURANCE FUND 4,758.67 320 INFORMATION SYSTEMS 20,193.86 330 SUPPORT SERVICES 4,859.76 340 FACILITIES 2,990.99 477 CFD- RORIPAUGH 34,027.46 $ 3,712,785.34 001 GENERAL FUND $ 317,813.64 165 RDA LOW/MOD - 20% SET ASIDE 5,640.54 190 TEMECULA COMMUNITY SERVICES DISTRICT 111,869.35 192 TCSD SERVICE LEVEL B 127.88 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,222.44 194 TCSD SERVICE LEVEL D 908.10 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 605.18 197 TEMECULA LIBRARY FUND 379.76 280 REDEVELOPMENT AGENCY -CIP PROJECT 2,290.70 300 INSURANCE FUND 1,222.86 320 INFORMATION SYSTEMS 28,780.29 330 SUPPORT SERVICES 3,883.89 340 FACILITIES 7,651.62 486,396.25 TOTAL BY FUND: $ 4,199,181.59 apChkLst 05122(2008 2:34:50PM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 123938 05/15/2008 000253 POSTMASTER postage:Sumlfall '08 broch tcsd 6,474.41 6,474.41 124065 05/19/2008 010046 TEMECULA VALLEY Mar'08 Bus. Imprv District Asmnts 48,950.83 48,950.83 CONVENTION & 124066 05/22/2008 004594 2 HOT ACTIVEWEAR uniforms:pd motors ofcrs 413.76 413.76 124067 05/2212008 011987 AJ BOYD CONSTRUCTION INC refund:eng deposit/40380 calle torcida 995.00 995.00 124068 05/2212008 001281 ALHAMBRA GROUP Idscp dsgn repro svc:pechanga ph2 18.00 18.00 124069 05/22/2008 OD0101 APPLE ONE INC temp help ppe 05103 d. morrison 574.52 574.52 124070 05/2212008 001323 ARROWHEAD WATER INC Bottled wtr svcs: PBSP 17.80 Bottled wtr svcs: Aquatics Prgm 6.45 Bottled wtr svcs: CRC 42.53 Bottled wtr svcs: City Hall 373.08 Bottled wtr svcs: West Wing 129.85 Bottled wtr svcs: Skate Park 8.61 Bottled wtr svcs: TCC 8.89 Bottled wtr svcs: C. Museum 23.32 Bottled wtr svcs: Library 36.51 Bottled wtr svcs: Theater 39.26 Bottled wtr svcs: FOC Bldg 128.76 815.06 124071 05!2212008 011989 BELL, TRACY refund:"Octopuses" 13.76 13.76 124072 05/2212008 005321 CALIF ASSOC OF CODE CACEO regis:code enf:MPIMC 5129 140.00 140.00 124073 05/2212008 005384 CALIF BAGEL BAKERY & DELI Refrshmnts:Travel Arts 107.75 Refreshments:CC Mtg 240.17 Rfrshmnts:Ping Commission Mtg 5/7 145.46 493.38 124074 05/2212008 006614 CALIF CITY MANAGEMENT CCMF mbrshp: Nelson, Shawn 400.00 400.00 124075 05/22/2008 006689 CALIF DEPT OF FORESTRY certs:fire prev:c.hernandez 130.DD 130.00 124076 05/2212008 004971 CANON FINANCIAL SERVICES, copier lease agrmnt:fire 182.55 INC May copier lease agrmnt 4,744.84 4,927.39 124077 05/22/2008 006114 CASEY. MARGIE reimb:blue tooth devices:council 165.45 165.45 Page:1 apChkLst Final Check List Page: 2 05122!2008 2:34:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 124078 05/22!2008 011724 CHARTHOUSE LEARNING CORP. Trgn:Exec Staff Retreat 1,500.00 1,500.00 124079 05/2?J2008 009791 CLARK, MISTY reimb:uniformJpk mgr util belt 83.94 83.94 124080 05/22!2008 003786 DENDY REAL ESTATE refund:pln depositlsales trailer 1,700.00 1,700.00 124081 05/2?J2008 003945 DIAMOND ENVIRONMENTAL Port Restrm:Comm clean up 79.78 79.78 SRVCS 124082 05/22!2008 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: Code Enforc 80.02 80.02 INC 124083 05/2?J2008 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Dr Ldscp 235.81 235.81 DIST 124084 05/2212008 008704 EDWARDS, MARYANN reimb:Mar & May Internet srvcs 61.65 61.65 Paget apChkLst Final Check List Page: 3 05/2212008 2:34:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 124085 D5/2212008 003347 FIRST BANKCARD CENTER U C REGENTS BJ credit:Lyceum Summit/B. Johnson -95.00 CLARITAS INC. AA demographic info reports:Econ Dev 249.00 CAFE DANIEL JM rfrshmnts:Old Town mtg 4110 45.00 CAFE DANIEL JM rfrshmnts:Old Town mtg 5101 43.OD HOLIDAY INN SJ HtI:CCAC Conf M.Ballreich:4/21-22 137.68 ABBEY PARTY RENTS SJ Tblclth rental:Bdgt wkshp 77.OD SAN DIEGO ZOO'S, WILD ANIMAL SJ city clk team bldg:4l29 326.40 PARK AMERICAN PUBLIC WORKS WH natl pw wk poster'08 44.00 ASSN. HYATT MH Htl:Grn Summit 417 249.31 ONTARIO AIRPORT MH prkg fees:ontario airport 419 34.00 HYATT MH HtI1MeaI:Green Summit:4/9 18.68 U C REGENTS MH UCR conf/event mgmt:4/11 95.00 TEAM BUILDERS PLUS INC MH B&S team bldg:4/8 637.50 U C REGENTS MH UCR conf/event mgmt:cancel -95.00 THE GOLD BUG TT Animap software:library 88.52 STAPLES BUSINESS TT equip:cmlcc ofcs 233.29 ADVANTAGE PAYPAL TT Verisign Payflow Pro Transaction 97.10 AMAZON.COM, INC TT Amazon IT Manual 12.95 YAHOO! FLICKR TT 1 yr Flickr Pro subscr 24.95 AT&T MOBILITY TT equipment:B.Johnsan 259.42 DATA CONNECTORS, LLC TT data connectors conf:T. Thorson 50.00 DATA CONNECTORS, LLC TT data connectors conf:T. Hafeli 50.00 CHUYS RESTAURANT TT stafftrng:IS dept:512 177.62 AT&T MOBILITY TT equipment:T. Thorson 32.31 AMERICAN PLANNING BJ Green bldg wkshp:D. West 2120 35.00 ASSOCIATION CONFERENCE MANAGER.COM BJ Conf call svc:Mercedes proj 68.16 CONFERENCE MANAGER.COM BJ Conf call svc:Water Park proj 18.40 U C REGENTS BJ Lyceum Summit: B. Johnson 4/25 95.00 Check Total Page:3 apChkLst Final Check List Page: 4 05122!2008 2:34:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor CONFERENCE MANAGER.COM AMERICAN PLANNING ASSOCIATION CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM U C REGENTS CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM 124086 05/2212008 011994 FOOTHILL ELEMENTARY (Continued) Description Amount Paid Check Total BJ Conf call svc:Annex EIR 28.16 BJ APA '07 Plan Law Review 92.00 BJ Conf call svc:Mercedes proj BJ Conf call svc:Water Park proj BJ Conf call svc:Mercedes proj BJ Lyceum Summit: D. West 4125 BJ Conf call svc:Annex EIR BJ Conf call svc:Water Park BJ Conf call svc:Mercedes proj BJ Conf call svc:Annexation BJ Conf call svc:Water Park BJ Conf call svc:Mercedes proj BJ Conf call svc:Water Park refund:grp field trip 518108 124087 05/2?J2008 011121 FORM BASED CODES INSTITUTE F.B.C. 101 Trng:PR,EJ,MP,DS 7115-17 124088 05/2212008 011967 FULL VALUE ENTERTAINMENT tckt sales:theater:Live @ the Merc 5/16 124089 05/2212008 009909 GOULD JR, WILLIAM JAMES 124090 05/2212008 008361 GRAPE STOMPERS SO DANCE CLUB Sound equip:Travel Art Carn:617 Sound equip:Travel Art Carn:6114 Sound equip:Travel Art Carn:6121 TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 31.36 8.64 0.16 110.00 7.52 5.28 12.00 12.32 6.24 34.08 7.20 49.00 2,60D.DD 346.50 400.00 400.00 400.00 24.50 24.50 31.50 28.00 25.20 12.60 42.00 21.00 35.00 28.00 35.OD 42.OD 3,364.25 49.00 2,600.00 346.50 1,200.00 349.30 Page:4 apChkLst Final Check List Page: 5 05/22/2008 2:34:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 124091 05/2212008 005311 H2O CERTIFIED POOL WATER Apr maint svcs:crc & tes pools 900.00 900.00 SPCL. 124092 05/2?J2008 DD3342 HABITAT FOR HUMANITY Rdhwk eng/Final striping-1st St curb 74,587.00 74,587.OD 124093 05/2212008 011993 HALVERSON, GERALD KENNETH Illusions of Elvis tckts:theater 5116108 9,228.85 9,228.85 124094 05/22/2008 OD1135 HEALTHPOINTE MEDICAL Emp Industrial Care:HR 45.OD 45.OD GROUPING 124095 05/2?J2008 011771 HOGLE IRELAND INC Consult svc:Plan ck insp 1,950.00 1,950.00 124096 05/22/2008 010428 IT'S A DOGS WORLD K 9 tcsd instructor earnings 875.OD 875.OD ACADEMY 124097 05/2?J2008 011988 JOHNSON, SUSIE refund:room rentallCRG 614 168.00 168.00 124098 05/2212008 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 200.90 TCSD instructor earnings 143.50 TCSD instructor earnings 287.00 TCSD instructor earnings 373.10 TCSD instructor earnings 487.90 TCSD instructor earnings 545.30 TCSD instructor earnings 172.20 TCSD instructor earnings 114.80 TCSD instructor earnings 4D1.80 TCSD instructor earnings 516.60 3,243.10 124099 05/22/2008 OD9388 LETS GET PERSONAL staff uniforms:B&S Dept 3,793.91 3,793.91 124100 05/2?J2008 OD0394 MAINTENANCE fy 08!09 mbrshp dues:B6/BH/RT/RW 195.OD 195.OD SUPERINTENDENTS 124101 05/22/2008 010819 MARGULIES CONSULTING shipping chrgs 3126 OSl:water slidelCRC 14.13 14.13 ENGINEERS 124102 05/2?J2008 DD0220 MAURICE PRINTERS INC printing/high country magazine:T. Mus. 3,388.74 3,388.74 124103 05/2212008 011972 MEDLEY, CARRIE A. & DARRIN L. refund:ovrpmt/fees:30894 bel monte ct 240.00 240.00 124104 05122/2008 011952 MELENDEZ, ANTONIO entertainment:camm srvs expo 5131 475.00 475.00 Pagea apChkLst Final Check List Page: 6 05122(2008 2:34:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 124105 05/2212008 006571 MELODY'S AD WORKS reimb expenses:chili cook off 162.00 162.00 124106 05/22/2008 OD4894 MICHAEL BRANDMAN Mar eng srvcs:pechanga pkwy II 784.OD 784.OD ASSOCIATES 124107 05/22/2008 OD7210 MIDORI GARDENS Apr Idscp maint: City Parks 72,326.86 72,326.86 124108 05/2?J2008 011440 MILLMORE'S WAX CREW City vehicles detailing svcs:PW Maint 125.00 125.OD 124109 05/2212008 OD1892 MOBILE MODULAR 1122-2120!08 lease pmt:The Pantry 1,033.33 1,033.33 124110 05/2212008 011889 MONTE R HAMMER CONSULTING Asphalt training:pw maint 3/24 & 412 1,087.30 1,087.30 124111 05/2212008 000883 MONTELEONE EXCAVATING Culvert & channel maint:De Portola 9,200.00 Culvert & channel maint:Margarita 33,900.00 43,100.00 124112 05/2?J2008 DD4586 MOORE FENCE COMPANY Fence repairs:var parks 157.61 157.61 124113 05/22/2008 OD7613 MORELLI, ANTHONY refund:sr excursionlseal harbor 418 28.00 28.00 124114 05/2?J2008 OD4490 MUSCO SPORTS LIGHTING INC light parts & suppiies:var park sites 2,945.67 2,945.67 124115 05/2212008 OD7096 MUSICIANS WORKSHOP 'OS Int'I Jazz Festival sponsorship 15,000.00 15,000.00 124116 05/2212008 002925 NAPA AUTO PARTS City veh. parts & misc supplies: Stn 92 72.62 Misc supplies:pw maint div 94.29 Misc supplies:pw maint div 20.45 187.36 124117 05/22/2008 OD3707 NAT'LASSN OF PURCHASING fy 08109 membership dues:M.Vollmuth 170.00 170.00 MGMT 124118 05/2?J2008 DD0727 NATIONAL FIRE PROTECTION var. publicaticns:fire prevention 2,123.19 ASSN add'I publications:fire prevention 272.99 2,396.18 124119 05/22/2008 DD8820 NEIGHBORS NEWSPAPER Mar display ad: Bluegrass Festival 25D.00 250.DD 124120 05/22/2008 OD8528 NICHOLS, MELBURG & ROSETTO Mar reimb expenses:civic center ph II 2,676.38 Mar eng srvcs:civic center ph II 439,403.87 Mar dsgn:old town infrastructure 1,692.76 443,773.01 Page6 apChkLst Final Check List Page: 7 05122(2008 2:34:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 124121 05/2212008 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies: CSD 33.78 33.78 DIV 124122 05/2?J2008 D02105 OLD TOWN TIRE & SERVICE Gity Vehicle Maint Svcs:PW Maint 756.18 City Vehicle Maint Svcs:PW Maint 87.50 City Vehicle Maint Svcs:PW Maint 263.99 1,107.67 124123 05/2?J2008 011012 PALM SPRINGS ART MUSEUM Exhibition Rental Fees:T.Museum 7,300.00 7,300.OD 124124 05/2212008 011660 PLANNET CONSULTING Apr consult srvcs: Civic Cntr Master 21,720.00 21,720.00 124125 05/2212008 000253 POSTMASTER Express Mail & Postal Svcs 49.00 49.00 124126 05/22/2008 000254 PRESS ENTERPRISE COMPANY Apr recruitment ads:human resources 1,086.63 1,086.63 INC 124127 05/2?J2008 ODZ012 R D O EQUIPMENT COMPANY trailer purchase:pw maint 8,255.81 8,255.81 124128 05/22/2008 002612 RADIO SHACK INC mist equipment:Library 27.11 27.11 124129 05/2212008 000262 RANCHO CALIF WATER DISTRICT Apr 01-OB-97000-2 Wolf Creek Dr 48.24 Apr 01-00-20007-1 Wolf Creek Dr 262.82 Apr 01-0&97100-2 Wolf Creek Dr 20.54 Apr Various Water Meters:TCSD 26,457.13 May Various Water Meters:PW 701.89 Apr Various Water Meters:Stn 84 471.70 Apr Various Water Meters:RDA 71.08 28,033.40 124130 05/2212008 000907 RANCHO TEMECULA CAR WASH Apr City veh. detail srvcs:Var. City 159.50 159.50 124131 05/22/2008 OD0271 RBFCONSULTING Marldscpdsgn:sr79corridor 1,360.20 1,360.20 124132 05/2212008 OD3591 RENES COMMERCIAL 2nd appUweed control:City lots 7,500.00 7,500.00 MANAGEMENT 124133 05/22/2008 OD4498 REPUBLIC INTELLIGENT Martraffic sig repair&maint:PW Maint 2,366.63 2,366.63 124134 05/2212008 OD2412 RICHARDS WATSON & GERSHON Mar 2008 legal services 110,069.27 110,069.27 124135 05/22/2008 010917 RICHARDSON, PATRICK reimb:Redevl.lnstitute 515-9108 167.39 167.39 Page:? apChkLst Final Check List 05/22/2008 2:34:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 124136 05/22!2008 010087 RIGGS &RIGGS INC Appraisal rpts:79S right turn lanes 124137 05/22/2008 OD0268 RIVERSIDE GO HABITAT Apr'OS K-Rat payment 124138 05/2212008 OD0406 RIVERSIDE CO SHERIFFS DEPT Bicycle patrol trng 5119-22 RElAS/KV 124139 05/22/2008 OD0277 S & S ARTS & CRAFTS INC mist supplies:parent & me pgrm 124140 05/2212008 003597 SAN DIEGO PADRES Excursion:SMARTggrm 7/9/08 124141 05/2212008 006176 SANTA ANA COLLEGE Fire Prev 3B 6/23-27 Lorri Larson 124142 05/22/2008 OD6176 SANTA ANA COLLEGE Fire Prev 3B 6123-27 Elsa Wigle 124143 05/22/2008 OD1736 SELBY DEVELOPMENT CORP. refund:permit fee1TPM 32924 124144 05/22/2008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 5115108 124145 05/2212008 011130 SIDHU, NANCY refund:eng deposit128830 via none 124146 05/2212008 003002 SMOOTHILL SPORTS Equipment: skate park DISTRIBUTORS 124147 05/2212008 000537 SO CALIF EDISON May 2-28-171-2620 PD Mall Stn 124148 05/2212008 000926 SO CALIF EDISON 124149 05122!2008 001212 SO CALIF GAS COMPANY May 2-02-351-5281 CRC Apr 2-29-657-2563 various mtrs May 2-28-331-4847 Pauba Rd May 2-28-397-1315 Rdhk Median May 2-30-099-3847 Ryecrest May 2-26-887-0789 Harveston Lake May 2-27-560-0625 Deerhollow Way May 2-25-393-4681 Moraga Rd Apr 2-00-397-5059 various mtrs May 2-29-479-2981 Temecula Pkwy line extension:TCC Expansion pw0605 May 015-575-0195-2 Stn 92 May 055-475-6169-5 pbsp Amount Paid 3,250.00 2,185.00 657.00 299.61 977.50 150.00 150.00 2,823.00 480.00 995.00 539.70 432.85 3,833.27 113.89 110.71 18.08 18.40 1,294.90 3,002.14 642.46 14,102.95 96.81 1,593.55 207.08 256.34 Page: 8 Check Total 3,250.00 2,185.OD 657.00 299.61 977.50 150.00 150.OD 2,823.00 480.OD 995.00 539.70 23,666.46 1,593.55 463.42 Page:B apChkLst Final Check List Page: 9 05/22/2008 2:34:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 124150 05/2212008 000519 SOUTH COUNTY PEST CONTROL pest control srvcs:Childrens Museum 94.00 INC pest control srvcs:Villages 84.00 178.00 124151 05/2212008 003840 STRONGS PAINTING Painting srvcs:Old Town 19,000.00 19,000.00 124152 05/2?J2008 000305 TARGET BANK BUS CARD SRVCS Hospitality supplies:Theater 62.95 62.95 124153 05/22/2008 010679 TEMECULA AUTO City veh repair & maint:fire prevention 1,171.74 1,171.74 REPAIRJRADIATOR 124154 05/2?J2008 DD0876 TEMECULA VALLEY BALLOON & 'OS balloon & wine festival sponsorship 35,ODO.DD 35,000.00 WINE 124155 05/2212008 000515 TEMECULA VALLEY CHAMBER State/City Address:B.G./S.C.4/17/08 80.00 80.00 OF 124156 05/22/2008 011992 TEMECULA WATERPARK refund:appl.feeslwaterpark prjt 5,515.50 5,515.50 124157 D512212008 010276 TIME WARNER CABLE May high speed Internet City Hall 183.38 May high speed Internet Stn 92 58.91 May high speed Internet T.C.C. 44.95 287.24 124158 05/2212008 009387 TOASTMAN INC entertainment:theater 6!1!08 5,580.00 5,580.00 124159 05/2212008 007433 TOVEY SHULTZ CONSTRUCTION Rel.Stp Ntc:Fire Stn 95116EW 31,906.20 31,906.20 INC 124160 05/22/2008 004759 TWIN GRAPHICS vehicle graphics:City police units 1,131.38 1,131.38 124161 05/2212008 007118 U S TELEPACIFIC CORPORATION May Intemet IP Addresses Block 1,566.11 1,566.11 124162 05/22/2008 004153 UNITED RENTALS NORTHWEST Genie Scissor Lift maint:Theater 166.89 166.89 INC Page9 apChkLst Final Check List Page: 10 05122(2008 2:34:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 124163 05/2212008 004261 VERIZON May xxx-1341 Theater 418.37 May xxx-6812 General usage 88.26 May xxx-23721Mf Grk Irrg Cntrl 33.72 May xxx-7562 irrigation controller 35.99 May xxx-4723 Police Storefront 69.58 Apr xxx-0049 general usage 45.42 May xxx-0682 Civic Center Camera 323.56 May xxx-8573 general usage 33.72 May xxx-3143 PD Overland Office 38.05 May xxx-1941 PTA CD TTACSD 67.80 May xxx-5072 general usage 4,802.88 May xxx-0073 general usage 256.56 May xxx-6084 general usage 32.66 May xxx-0074 general usage 290.64 May xxx-3984 M.Naggar 33.72 May xxx-0714 PD Mall Alarm 35.99 May xxx-5473 Moraga Rd 33.72 May xxx-3564 Alarm 67.45 6,708.09 124164 05/2212008 004848 VERIZON SELECT SERVICES INC May long distance phone Svcs 609.17 May long distance phone Svcs 17.69 626.86 124165 05/2212008 009101 VISION ONE INC Apr ShoWare software:theater 1,024.60 1,024.60 124166 05/22/2008 004624 VOLVO ROAD MACHINERY INC asphalt roller equip parts: pw maim 177.37 177.37 124167 05/2?J2008 000621 WESTERN RIVERSIDE GOUNGIL Apr'OS TUMF Payment 20,092.00 20,092.00 OF 124168 05/2212008 008402 WESTERN RIVERSIDE COUNTY Apr'OS MSHCP payment 27,675.21 27,675.21 124169 05/2?J2008 002109 WHITE CAP INDUSTRIES INC maim supplies: Fire Stn 84/PW Maint 998.74 998.74 124170 05/22/2008 011986 WICKWIRE, GINA refund:"corduroy'Y"dog who had kittens" 37.90 37.90 124171 05/2212008 010193 WOOLSTENHULME, LUCIA TCSD Instructor Earnings 90.30 90.30 Grand total for UNION BANK OF CALIFORNIA: 1,145,335.57 Page:10 apChkLst Final Check List Page: 11 05122J217Q8 2:34:50PM CITY OF TEMECIJLA 108 checks in this report. Grand Tatal All Checks: 1,145,335.57 Page:11 apChkLst Final Check List Page: 1 05129/2008 12:52:4 5PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1063 05/29/2008 000444 INSTATAX (EDD) State Disability Ins Payment 22,484.87 22,484.87 1064 05129!2008 000283 INSTATAX (IRS) FederallncomeTaxesPayment 89,029.77 89,029.77 1065 05129!2008 000389 NATIONWIDE RETIREMENT OBRA-Project Retirement Payment 3,522.27 3,522.27 SOLUTION 124172 05/2912008 005126 A E G SOLUTIONS autocad supplies:PVV CIP 135.12 135.12 124173 05129!2008 001700 A PLUS TEACHING MATERIALS misc supplies:parent & me pgrm 103.90 misc supplies:parent & me pgrm 15.13 119.03 124174 05/29!2008 009033 ALLEN, STEVEN L. Photography srvcs:Wolf Creek Dedication 300.00 300.00 124175 05/29/2008 003810 AMERICAN ASSOCIATION OF annual membership for museum mgr 236.OD 236.00 MUSEUM 124176 05129!2008 012003 BELLAMY, ROBERT & NYLA release claims agreement pmt 2,825.00 2,825.00 124177 05/29/2008 003138 CAL MAT PW patch track asphalt materials 868.19 PVV patch truck asphalt materials 785.86 PW patch truck asphalt materials 663.61 PW patch truck asphalt materials 585.82 PW patch truck asphalt materials 559.10 PVV patch truck asphalt materials 467.08 PW patch truck asphalt materials 461.17 PNV patch truck asphalt materials 459.20 PW patch truck asphalt materials 455.26 PW patch truck asphalt materials 281.23 PW patch truck asphalt materials 244.11 PW patch truck asphalt materials 241.38 PW patch truck asphalt materials 240.70 PW patch truck asphalt materials 222.31 PNV patch truck asphalt materials 181.77 PW patch truck asphalt materials 149.24 PW patch truck asphalt materials 139.77 PW patch truck asphalt materials 129.30 PVV patch truck asphalt materials 102.79 7,237.89 124178 05/29/2008 008644 CANTRELL, ROGER, AIA, AICP Apr guidelines consulting: Planning 4,120.00 4,120.00 124179 05/2912008 006114 CASEY, MARGIE reimb:treo chrgr:M.Edwards 53.86 53.86 Page:1 apChkLst Final Check List Page: 2 05/29/2008 12:52:4 5PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 124180 05/29!2008 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 98.00 98.00 124181 05/29/2008 004123 D L PHARES & ASSOCIATES Jun Ieaselmaint:pd old twn storefront 2,681.52 2,681.52 124182 05/29/2008 008100 DAVID MUSSER FINE ART perFormance:traveling arts carnival 6/7 150.00 150.00 124183 05/29/2008 004192 DOWNS COMMERCIAL FUELING fuel for Gity vehicles:pw 2,523.45 INC fuel for City vehicles:code enf 608.75 fuel for City vehicles:b&s 554.99 fuel for City vehicles:pw 416.07 fuel far City vehicles:var. city depts. 235.21 fuel for City vehicles:pw 111.28 fuel for City vehicles:tcsd 81.99 fuel for City vehicles:pw 74.68 fuel for City vehicles:pd 52.75 4,659.17 124184 05/29/2008 000523 EASTERN MUNICIPAL WATER May 19030402 Seraphina Rd 265.88 265.88 DIST 124185 05/29/2008 004592 ELITE BOBCAT SERVICE INC Const:Diaz Rd realign ph II 61,500.52 61,500.52 124186 05/29/2008 012004 EUROPEAN LIVING reimb:facade imprv prgmleuropean living 224.50 224.50 124187 05/29!2008 000165 FEDERAL EXPRESS INC 3125-412 Express mail services 263.76 419-22 Express mail services 256.98 520.74 124188 05/29!2008 003347 FIRST BANKCARD CENTER CASA GUADALAJARA DU staffltmg:team bldg 472.53 DU bank charges 46.03 PAT & OSCARS RESTAURANT DU prof mtg:mercedes proj 5119 40.37 558.93 124189 05/29/2008 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 Paget apChkLst Final Check List Page: 3 05/2912008 12:52:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 124190 05129/2008 000186 HANKS HARDWARE INC 124191 05/29!2008 012001 HAVENS, PAMELA (Continued) Description misc maint supplies:var pks/crc/sports misc supplies: Fire Stns/Paramedics misc equipment:b&s misc supplies:tcsd depts misc maint supplies:var pks misc maint supplies:var pks/crc misc supplies/tools:IS misc supplies:pw maint misc tools/equip:fire maint supplies: old town misc maint supplies:child museum misc maint supplies:foc misc maint supplies:child museum misc supplies/tools:IS misc supplies:pw maint maint supplies:west wing misc supplies:theater hardware supplies:tvm maint supplies:city hall maint supplies:city hall hardware supplies:mpsc misc equipment:b&s hardware supplies:library hardware supplies:tcc refund:prkg cite 59476 dismissed 124192 05/29!2008 010766 INLAND VALLEY SYMPHONY tix sales:theater:i.v.symphony 124193 05/29!2008 009393 J M DIAZ INC Dec-Apr design svcs:btrfld stage rd Nov-Apr design svcs:tem pkwy re-stripe Dec-Apr design svcs:meadows pkwy 124194 D512912008 OD3782 MAIN STREET SIGNS misc signs & supplies:pw maint div 124195 05129!2008 004307 MARINE BIOCHEMISTS May water maint srvcs:Harv/Duck Pand 124196 05/29!2008 004929 MARK FISHER COMPANY, THE 'OB balloon/wine fest.ad dsgn svc:Ec Dev 124197 05/29!2008 012002 MARTIN, WANDA Refund: Prkg Cite 51242 Reduced 124198 05/29/2008 007210 MIDORI GARDENS mainline repairs:Wolf Creek Park 4/4 mainline repairs:Vail Ranch Park 4!2 mainline repairs:Greek Park 4/9 Amount Paid 1,743.32 1,701.31 854.25 779.69 612.96 298.14 289.46 279.45 268.52 228.39 226.23 178.10 122.99 98.46 94.19 54.83 50.44 46.30 43.28 37.02 19.57 10.73 5.16 3.44 325.00 511.81 85.00 42.93 40.00 1,249.90 4,855.00 614.00 50.00 515.77 441.34 199.19 Check Total 8,046.23 325.00 511.81 167.93 1,249.90 4,855.00 614.00 50.00 1,156.30 Page3 apChkLst Final Check List Page: 4 05/29/2008 12:52:4 5PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 124199 05/29!2008 001384 MINUTEMAN PRESS misc printing:6&S dept 726.89 misc printing:6&S dept 173.42 900.31 124200 05/2912008 001892 MOBILE MODULAR 51310 8-611 10 8 modular Iease:TCC/OAC 832.40 832.40 124201 05/29!2008 005887 MOFFATT & NICHOL ENGINEERS 212-3129 consult srvc:Frnch Vly.off ramp 153,492.98 153,492.98 124202 05/29/2008 004490 MUSCO SPORTS LIGHTING INC May 08-May 09 cntrl link maint srvc fee 3,034.00 3,034.00 124203 05/29/2008 OD8820 NEIGHBORS NEWSPAPER May Advertising:Western Days'08 250.OD 250.00 124204 05/29!2008 010504 NEXTEL COMMUNICATIONS Mar 26 -Apr 25 cellular usage 1,582.13 Mar 26 -Apr 25 equipmentlPolice 75.41 1,657.54 124205 05129!2008 008528 NICHOLS, MELBURG & ROSETTO Apr dsgn srvs:Civic Center Phase II 653,651.84 653,651.84 124206 05129!2008 001171 ORIENTAL TRADING COMPANY Citywide Special Event Supplies:tcsd 470.00 INC Citywide Special Event Supplies:tcsd 306.96 Citywide Special Event Supplies:tcsd 237.50 Citywide Special Event Supplies:tcsd 230.20 Citywide Special Event Supplies:tcsd -39.75 1,204.91 124207 05129!2008 002256 P & D CONSULTANTS INC Apr pln ck review srvcs:6&S dept 11,325.00 11,325.00 124208 05/29!2008 002099 PASCOE MANAGEMENT LLP May restroom rental:Old Town 826.00 826.00 124209 05129!2008 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 124210 05129!2008 000249 PETTY CASH Petty Cash Reimbursement 531.09 531.09 124211 05/29/2008 011854 PIGKFORD, CAREY, JR. performance:juggling @arts carnival 6t7 100.D0 100.00 124212 05/29/2008 002612 RADIO SHACK INC Misc equipment:lnf SyslLibrary 319.81 319.81 124213 05/29!2008 000262 RANCHO CALIF WATER DISTRICT TCSD Various Water Meters 32,458.17 Fire Stn 84 Various Water Meters 311.45 PW Various Water Meters 278.53 RDA Various Water Meters 6.75 33,054.90 Page:4 apChkLst 05/29/2008 12:52:45PM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 124214 05/29/2008 004584 REGENCY LIGHTING Final Check List CITY OF TEMECULA (Continued) Description electrical supplies:theater electrical supplies:crc electrical supplies:historyrnuseum 124215 05/29/2008 002110 RENTAL SERVICE equip rental:PW mntc CORPORATION 124216 05/29/2008 004498 REPUBLIC INTELLIGENT Traffic sig repair&maint: PW 1117108 credit:amount exceeds agreement 124217 05/29!2008 010777 RIVERSIDE CO EXECUTIVE Redhawk sales tax agreement pmt OFFICE 124218 05/29!2008 000406 RIVERSIDE CO SHERIFFS DEPT SRO trng 6/23-27108 Dep AdnerlSalas 124219 05/29!2008 003587 RIZZO CONSTRUCTION INC 124220 05/29!2008 005329 SAFE ALTERNATIVE FOR EVERYONE 124221 05/29!2008 005329 SAFE ALTERNATIVE FOR EVERYONE 124222 05129/2008 009100 SAN DIEGO GUILD Door repair:mpsc FY 07!08 safe prgm/CDBG FY 07!08 council community srvc funding entertainment:Traveling Art Carnival 617 124223 05/29!2008 011829 SHELDRAKE, RICHARD SEAN entertainment:Traveling Art Carnival 617 124224 05/29/2008 008529 SHERIFF'S CIVIL DIV-CENTRAL Support Pmt LO File#2007052618 124225 D5129/2008 000537 SO CALIF EDISON May 2-21-981-4720 Tem.Pkwy 124226 05/29/2008 001212 SO CALIF GAS COMPANY May 125-244-2108-3 Library May 095-167-7907-2 Fire Stn 84 May 101-525-0950-0 TCC May 133-040-7373-0 West Wing 124227 05129!2008 005724 SOUTHWEST FAMILY YMCA FY 07!08 swim lessonslday camp:cdbg 124228 05/29/2008 002015 STAR WAY PRODUCTIONS Sound sys maint:old town 3127108 124229 05129!2008 010924 T & D COMMUNICATIONS, INC. Cabling Srvcs:FOC Bldg Amount Paid 228.60 91.91 80.81 17.50 2,053.77 -873.75 1,455,890.75 210.00 1,324.00 11,245.00 1,000.00 525.00 300.00 100.00 56.82 430.75 208.60 85.33 56.95 7,820.00 120.00 577.16 Page: 5 Check Total 401.32 17.50 1,180.02 1,455,890.75 210.00 1,324.00 11,245.00 1,000.00 525.00 300.00 100.00 56.82 781.63 7,820.00 120.00 577.16 Pagea apChkLst 05/29/2008 12:52:45PM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 124230 05/29!2008 010276 TIME WARNER CABLE 124231 05/29/2008 012000 TRANSAMERICA AUTO 124232 05/29/2008 010526 TUCKER, DON 124233 05129!2008 000325 UNITED WAY 124234 05/29!2008 011550 WRSJG, LLC 124235 05/29!2008 000348 ZIGLER, GAIL Final Check List CITY OF TEMECULA Page: 6 (Continued) Description Amount Paid Check Total May high speed Internet mpsc 44.95 44.95 nerFbarvehdamage:firemarshall 605.03 605.03 5117-23 trolley service:old town 1,157.00 5!2430 trolley service:old town 1,157.00 2,314.00 United Way Charities Payment 69.00 69.00 DIF Reimbursement 3,034.84 3,034.84 reimb:supplies/park tour & press conf 500.19 500.19 Grand total for UNION BANK OF CALIFORNIA: 2,567,449.77 Page6 apChkLst Final Check List Page: 7 05129J217Q8 12:52:45PM CITY OF TEMECIJLA 67 checks in this report. Grand Tatal All Checks: 2,567,449.77 Page:? 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: June 10, 2008 SUBJECT: City Treasurer's Report as of April 30, 2008 PREPARED BY: Rudy Graciano, Revenue Manager Shannon Buckley, Accountant RECOMMENDATION: Approve and file the City Treasurer's Report as of April 30, 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 April 30, 2008. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of April 30, 2008 City of Temecula, California Portfolio Management Portfolio Summary April 30, Zoos City of Temecula 43200 Business Park Drive P-O- BaX 9033 Temecula, CA. 92590 (951)694-6430 Investments Par Value Market Value Book Value a/o of Portfolio Term Days to Maturity YTM 360 Equiv. YTM 365 Equiv. Certificates of Deposit -Bank 873,983.53 873,983.53 873,983.53 0.37 1,177 853 5.saa 5.678 Managed Pool Accounts 107,759,701.25 107,759,701.25 107,759,701.25 45.45 1 1 3.473 3.521 LetterafCredit 3.00 3.00 3.00 a.aa 1 1 a.aoa a.aaa Local Agencylnv~tment Funds 77,102,x59.57 77,208,114.45 77,102,x59.57 32.52 1 1 3.353 3.x00 Commercial Paper-Inter~tBearing 5,889,31x.00 5,889,31x.00 5,889,31a.a0 2.x8 163 12a 2.279 2.310 FederalAgencyCallableSecurities 37,x00,000.00 37,832,186.00 37,400,0OO.Oa 15.77 1,544 1,377 4.522 4.585 FederalAgencyBulletSecurities 3,000,000.00 3,009,680.00 2,993,700.00 1.26 1,135 975 3.448 3.496 Investment Contracts 5,066,x88.76 5,066,x88.76 5,066,x88.76 2.14 9,336 7,067 4.289 4.3x9 237,091,950.11 237,639,470.99 237,085,650.11 100.00% 467 388 3.595 3.645 Investments Cash and Accrued Interest PassbooklChecking 2,232,x56.31 2,232,x56.31 2,232,x56.31 1 1 a.aaa a.aaa (not included in yield calculations) Accrued Interest at Purchase 7,x93.89 7,x93.89 SUbt6tal 2,239,150.20 2,239,150.20 Total Cash and Investments 239,324,006.42 239,878,621.19 239,324,800.31 467 388 3.595 3.645 Total Earnings April 30 Month Ending Fiscal Year Ta Date Current Year 752,993-99 9,764,643-55 Average Daily Balance 239,039,230.66 210,513,557.06 Effective Rate of Return 3.83:0 5.55% Reporting period 04!01!2008-04!30!2008 Portfolio TEME CP Run Date: 0&+02!2008 -11:03 PM (PRF_PM1) SymRept &.41.202a Report Ver. 5.00 City of Temecula, California Portfolio Management Portfolio Details -Investments April 30, 2408 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 95453518-2 86-12 GENIM2 USBANK 06/12/2007 873,983.53 673,983.53 873,983.53 5.600 Subtotal and Average 873,983.53 873,983.53 873,983.53 873,983.53 Managed Pool Accounts 122216003-2 CITY COP RE2 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 BOND 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 122216009 CITY COP COS 122216003 CITY COP RES 107886000 RDA 06 A INT Run Date: 06102!2008 - 11:03 5.600 5.G78 853 09.101!2010 5.600 5.678 853 ASSURED GUARANTY 03/13/2008 1.00 1.00 1.00 1.000 0.986 1.000 1 First American Treasury 255,090.88 255,090.88 255,090.88 1.590 1.568 1.590 1 First American Treasury 400.46 400.46 400.46 1.580 1.558 1.580 1 First American Treasury 189.27 189.27 189.27 1.580 1.558 1.580 1 First American Treasury 128.09 128.09 128.09 1.580 1.558 1.580 1 First American Treasury 4,238.21 4,238.21 4,238.21 1.580 1.558 1.580 1 First American Treasury 14,991.40 14,991.40 14,991.40 1.580 1.558 1.580 1 Firsk American Treasury 0.34 0.34 0.34 2.940 2.900 2.940 1 First American Treasury 204.89 204.89 204.89 1.580 1.558 1.580 1 First American Treasury 213.00 213.00 213.00 1.580 1.558 1.580 1 First American Treasury 91,290.10 91,290.10 91,290.10 1.580 1.558 1.580 1 First American Treasury 4,195.39 4,195.39 4,195.39 1.580 1.558 1.580 1 First American Treasury 3,414.14 3,414.14 3,414.14 1.580 1.558 1.580 1 First American Treasury 2,550.51 2,550.51 2,550.51 1.580 1.558 1.580 1 First American Treasury 364.60 364.60 364.60 1.580 1.558 1.580 1 Firsk American Treasury 358.58 358.58 358.58 1.580 1.558 1.580 1 First American Treasury 9,019.78 9,019.78 9,019.78 1.580 1.558 1.580 1 First American Treasury 0.51 0.51 0.51 1.960 1.933 1.960 1 First American Treasury 1,739.23 1,739.23 1,739.23 1.580 1.558 1.580 1 First American Treasury 1,436.01 1,436.01 1,436.01 1.580 1.558 1.580 1 First American Treasury 258.22 256.22 258.22 1.580 1.558 1.580 1 First American Treasury 17,741.85 17,741.85 17,741.85 1.580 1.558 1.580 1 First American Treasury 4,038.70 4,036.70 4,038.70 1.580 1.558 1.580 1 Firsk American Treasury 50,820.15 50,820.15 50,820.15 2.150 2.121 2.150 1 First American Treasury 87.72 67.72 67.72 2.150 2.121 2.150 1 First American Treasury 0.02 0.02 0.02 4.740 4.675 4.740 1 First American Treasury 18.03 16.03 18.03 1.580 1.558 1.580 1 First American Treasury 306.34 306.34 306.34 1.580 1.558 1.580 1 First American Treasury 18.65 16.65 18.65 1.580 1.558 1.580 1 First American Treasury 2,919.64 2,919.64 2,919.64 1.580 1.558 1.580 1 First American Treasury 07/01/2007 24.01 24.01 24.01 1.580 1.558 1.580 1 First American Treasury 03/13!2008 40,480.29 40,480.29 40,480.29 1.580 1.558 1.580 1 First American Treasury 03/13/2008 537.75 537.75 537.75 1.590 1.568 1.590 1 First American Treasury 200.26 200.26 200.26 1.590 1.568 1.590 1 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.202a Report Ver. 5.00 City of Temecula, California Portfolio Management Portfolio Details -Investments April 30, 2408 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 107886010 RDA 06 B INT First American Treasury 28. 54 28.54 28.54 1.580 1.558 1.580 1 107886008 RDA 06 CIP A First American Treasury 113. 72 113.72 113.72 1.580 1.558 1.580 1 10788601 B RDA 06 CIP B First American Treasury 6,769. 94 6,769.94 6,769.94 1.580 1.558 1.580 1 107886016 RDA 06 RES B First American Treasury 207,418. 32 207,418.32 207,418.32 1.580 1.558 1.580 1 107686030 RDA 07 CAP I First American Treasury 11/01/2007 66. 62 66.62 66.62 1.580 1.558 1.580 1 107886029 RDA 07 COI First American Treasury 11/01!2007 15,567. 12 15,567.12 15,567.12 1.580 1.558 1.580 1 107886027 RDA 07 ESCRO First American Treasury 11/01/2007 451. 16 451.16 451.16 1.580 1.558 1.580 1 107886028 RDA 07PROJE First American Treasury 11/01!2007 1,593. 75 1,593.75 1,593.75 1.580 1.558 1.580 1 107886026 RDA 07 RESER First American Treasury 11/01/2007 90. 73 90.73 90.73 1.580 1.558 1.580 1 94434160 RDA TABS INT First American Treasury 744. 39 744.39 744.39 1.580 1.558 1.580 1 94432360 TCSD COPS IN First American Treasury 22. 53 22.53 22.53 1.580 1.558 1.580 1 793593011-1 03-2-1 AC4UI CA Local Agency Investment Fun 07/01!2007 41,179,812. 61 41,179,812.61 41,179,812.61 3.400 3.353 3.400 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 07/01/2007 1,506,225. 49 1,506,225.49 1,506,225.49 3.400 3.353 3.400 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 07/01!2007 1,158,873. 59 1,158,873.59 1,158,873.59 3.400 3.353 3.400 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 07/01/2007 692,690. 54 692,690.54 692,690.54 3.400 3.353 3.400 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 07/01!2007 3,757,810. 42 3,757,810.42 3,757,810.42 3.400 3.353 3.400 1 122216008 CITY COP CIP CA Local Agency Investment Fun 03/13/2008 22,546,795. 36 22,548,795.38 22,548,795.38 3.778 3.726 3.778 1 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 03/13!2008 792,715. 43 792,715.43 792,715.43 3.400 3.353 3.400 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 16,941,202. 09 16,941,202.09 16,941,202.09 3.400 3.353 3.400 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 2,955,842. 48 2,955,842.48 2,955,842.48 3.400 3.353 3.400 1 107686030-1 RDA 07 CAP-1 CA Local Agency Investment Fun 11101!2007 607,699. 24 607,699.24 607,699.24 3.777 3.725 3.777 1 107886027-1 RDA 07 ESC-1 CA Local Agency Investment Fun 11/01!2007 4,115,635. 09 4,115,635.09 4,115,635.09 3.777 3.725 3.777 1 107886026-1 RDA 07 PRO-1 CA Local Agency Investment Fun 11/01/2407 9,934,591. 73 9,934,591.73 9,934,591.73 3.777 3.725 3.777 1 107886026-1 RDA 07 RES-1 CA Local Agency Investment Fun 11/01!2007 827,660. 32 827,660.32 827,660.32 3.777 3.725 3.777 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 Subto tal and Average 107,193,063.16 107,759,701 .25 107,759,701.25 107,759,701.25 3.473 3.521 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 Subto tal and Average 3.00 3 .00 3.00 3.00 0.000 0.000 1 Local Agency In vestment Funds 94669911-1 03-1 ACQ A2 CA Local AgencylnvestmentFun 1,463,985. 72 1,463,985.72 1,463,985.72 3.400 3.353 3.400 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 3,743,619. 69 3,743,619.69 3,743,619.69 3.400 3.353 3.400 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 9,045,390. 52 9,045,390.52 9,045,390.52 3.400 3.353 3.400 1 PortfolioTEME GP Run Date: 06102(2008 - 11:03 PM (PRF_P M2} SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details -Investments April 30, 2408 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 Local Agency Investment Funds 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 2,417,860.59 2,417,860.59 2,417,860.59 3.400 3.353 3.400 1 744727009-1 03-3 EMW D 2 CA Local Agency Investment Fun 435,840.09 435,840.09 435,840.09 3.400 3.353 3.400 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 510,260.06 510,260.06 510,260.06 3.400 3.353 3.400 1 SYSCITY CITY CA Local Agency Investment Fun 21,846,029.57 21,884,831.29 21,846,029.57 3.400 3.353 3.400 1 SYSRDA RDA CA Local Agency Investment Fun 22,134,435.99 22,173,749.96 22,134,435.99 3.400 3.353 3.400 1 SYSTCSD TCSD CA Local Agency Investment Fun 15,505,037.34 15,532,576.53 15,505,037.34 3.400 3.353 3.400 1 Subtotal and Average 78,391,079.25 77,102,459.57 77,208,114.45 77,102,459.57 3.353 3.400 1 Commercial Paper -Interest Bearing 104348006-2 01-2RESA1 USBANK 03/18!2008 441,166.18 441,166.18 441,1GG.18 2.150 2.150 2.180 124 09!02!2008 104348016-1 01-2 RES B 1 USBANK 03/18!2008 202,728.75 202,728.75 202,728.75 2.150 2.150 2.180 124 09!02!2008 104348000-1 01-2 SP TX 1 USBANK 03/24!2008 44,698.49 44,698.49 44,G98.49 2.200 2.200 2.231 124 09!02!2008 104348000-2 01-2 SP TX2 USBANK 03/18!2008 120,570.24 120,570.24 120,570.24 2.150 2.150 2.180 124 09!02!2008 94G6991 G-1 03-1 RES B 1 USBANK 03/18!2008 223,360.03 223,3G0.03 223,360.03 2.150 2.150 2.180 124 09!02!2008 94669900-1 03-1 SP TX 1 USBANK 03/24!2008 48,423.78 48,423.78 48,423.78 2.200 2.200 2.231 124 09!02!2006 94669900-2 03-1 SP TX2 USBANK 03/18!2008 209,621.44 209,621.44 209,621.44 2.150 2.150 2.180 124 09!02!2008 793593016 03-2 LOC USBANK 03/27!2008 3,412,374.62 3,412,374.62 3,412,374.62 2.370 2.370 2.403 124 09!02!2006 793593000-1 03-2 SP TX 1 USBANK 03/18!2008 418,562.66 418,562.66 418,562.66 2.150 2.150 2.180 124 09!02!2008 744727000-1 03-3 SP TX 1 USBANK 03/18!2008 226,362.05 226,362.05 226,362.05 2.150 2.150 2.180 124 09!0212008 744727000-2 03-3 SP TX 2 USBANK 03/18!2008 56,681.63 56,681.63 56,G81.G3 2.200 2.200 2.231 124 09!02!2008 SYS03-4 RESER-2 03-4 RESER-2 USBANK 03/03!2008 96,467.50 96,467.50 96,467.50 2.150 2.150 2.180 124 09!02!2006 786776006-1 03-G RES-1 USBANK 03/18!2008 338,657.38 338,657.38 338,657.38 2.150 2.150 2.180 124 09!02!2008 786776000-1 03-6 SP TX-1 USBANK 03/18!2008 11,420.22 11,420.22 11,420.22 2.150 2.150 2.180 124 09!02!2008 786776000-2 03-G SP TX-2 USBANK 03/24!2008 10,581.77 10,581.77 10,581.77 2.200 2.200 2.231 124 09!02!2008 95453518-3 88-12 G I ~ USBANK 03118!2008 27,637.26 27,637.26 27,637.26 2.150 2.150 2.180 124 09!02!2008 Subtotal and Average 5,889,314.00 5,889,314.00 5,889,314.00 5,889,314.00 2.279 2.310 124 Federal Agency Callable Securities 3133X4M1 01075 Federal Farm Credit Bank 09/28!2007 1,000,000.00 1,034,690.00 1,000,000.00 5.000 4.932 5.000 1,611 09!28!2012 31331YSC5 01085 Federal Farm Credit Bank 02/06!2008 2,000,000.00 2,001,260.00 2,000,000.00 3.590 3.541 3.590 1,376 02!06!2012 31331YOX1 01086 Federal Farm Credit Bank 02/11!2008 2,000,000.00 2,005,000.00 2,000,000.00 3.000 2.959 3.000 651 02!11!2010 31331YTS9 01087 Federal Farm Credit Bank 02/14!2008 2,000,000.00 2,003,760.00 2,000,000.00 3.750 3.699 3.750 1,747 02/11!2013 31331WR5 01091 Federal Farm Credit Bank 03/24!2008 1,000,000.00 997,500.00 1,000,000.00 3.150 3.107 3.150 1,057 03!24!2011 3133XL4P5 01066 Federal Home Loan Bank 06104!2007 1,000,000.00 1,002,810.00 1,000,000.00 5.300 5.227 5.300 764 OG/04/2610 3133XL6S7 01067 Federal Home Loan Bank 06/06!2007 1,000,000.00 1,003,750.00 1,000,000.00 6.000 5.918 6.000 1,497 06!06!2012 3133XLBS1 01068 Federal Home Loan Bank 07/19!2007 1,000,000.00 1,005,000.00 1,000,000.00 5.500 5.423 5.498 785 06!25!2010 3133XLSO7 01069 Federal Home Loan Bank 07/30!2007 1,000,000.00 1,042,190.00 1,000,000.00 5.650 5.573 5.650 1,551 07!30!2012 3133XLXW6 01071 Federal Home Loan Bank 08/15!2007 1,000,000.00 1,410,000.00 1,000,000.00 5.500 5.425 5.500 1,567 08!15!2012 Run Date: 06102!2008 - 11:03 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details -Investments April 30, 2408 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 Federal Agency Callable Securities 3133XK2N4 01072 Federal Home Loan Bank 08/24/2007 2,000,000.00 2,056,260.00 2,000,000.00 5.330 5.256 5.329 1,405 03/06/2012 3133XM5R8 01073 Federal Home Loan Bank 08/28!2007 1,000,000.00 1,034,060.00 1,000,000.00 5.080 5.011 5.080 1,212 08!26!2011 3133XM5E7 01074 Federal Home Loan Bank 08/28/2007 1,000,000.00 1,037,500.00 1,000,000.00 5.220 5.135 5.206 1,580 08/28/2012 3133XMDM0 01077 Federal Home Loan Bank 10102!2007 1,000,000.00 1,012,810.00 1,000,000.00 5.300 5.227 5.300 1,615 10!02!2012 3133XMLM1 01079 Federal Home Loan Bank 10/17/2007 1,000,000.00 1,013,130.00 1,000,000.00 5.000 4.930 4.999 1,264 10/17/2011 3133XMLG4 01080 Federal Home Loan Bank 10/18!2007 1,000,000.00 1,013,444.00 1,000,000.00 5.200 5.128 5.200 1,622 10!09!2012 3133XC]EF5 01089 Federal Home Loan Bank 04/02!2008 1,000,000.00 1,009,690.00 1,000,000.00 3.800 3.748 3.800 1,432 04/02/2012 3133X4Y48 01093 Federal Home Loan Bank 04/28!2008 1,000,000.00 1,010,000.00 1,000,000.00 3.600 3.551 3.600 1,275 10!28!2011 3133XKH24 1062 Federal Home Loan Bank 04/16/2007 1,000,000.00 1,030,310.00 1,000,000.00 5.250 5.178 5.250 1,446 04116!2012 3128XGML7 01076 Federal Home Loan Mtg Corp 10/01!2007 1,000,000.00 1,011,280.00 1,000,000.00 5.000 4.932 5.000 883 10!01!2010 3126X6MQ6 01081 Federal Home Loan Mtg Corp 10/18/2007 1,000,000.00 1,410,490.00 1,000,000.00 5.250 5.177 5.249 1,614 10/01!2012 3128X6RP3 01082 Federal Home Loan Mtg Corp 11/28!2007 1,400,000.00 1,413,832.00 1,400,000.00 4.600 4.537 4.G00 939 11!26!2010 3126X6UL8 01083 Federal Home Loan Mtg Corp 01/03/2008 2,000,000.00 2,006,420.00 2,000,000.00 5.000 4.931 4.999 1,685 12/11/2012 3128XGL61 01084 Federal Home Loan Mtg Corp 02/04!2008 2,000,000.00 2,017,940.00 2,000,000.00 4.000 3.945 4.000 1,740 02!04!2013 31398ADF6 01070 Federal National Mtg Assn 08/09/2007 1,000,000.00 1,004,060.00 1,000,000.00 5.600 5.521 5.598 1,503 06!1212012 3136F8TE5 01078 Federal National Mtg Assn 10/15!2007 1,000,000.00 1,012,190.00 1,000,000.00 5.002 4.93G 5.005 1,170 07!15!2011 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,010,000.00 2,000,000.00 4.000 3.945 4.006 1,775 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27!2008 1,000,000.00 1,002,500.00 1,000,000.00 4.000 3.945 4.000 1,791 03!27!2013 3136F9MU4 01094 Federal National Mtg Assn 04/30/2008 1,000,000.00 1,003,750.00 1,000,000.00 3.000 2.959 3.000 729 04/30/2010 31398ABC5 1065 Federal NationalMtgAssn 05/11!2007 1,000,000.00 1,016,560.00 1,000,000.00 5.300 5.227 5.300 1,467 05!07!2012 Subtotal and Average 36,100,000.00 37,400,000.00 37,832,186.00 37,400,000.00 4.522 4.585 1,377 Federal Agency Bullet Securities 31331XMQ2 01059 Federal Farm Credit Bank 01/26/2007 1,000,000.00 1,044,060.00 1,000,000.00 5.000 4.934 5.002 755 05!26!2010 31331YG46 01092 Federal Farm Credit Bank 04/21/2008 2,000,000.00 1,965,620.00 1,993,700.00 2.630 2.703 2.740 1,085 04/21/2011 Subtotal and Average 1,664,566.67 Investment Contracts 94669906-1 03-1 RES A2 American International Group M 744727006-1 03-3 RESERV IXIS Funding Corp 95453518-1 88-12 GEN IM IXIS Funding Corp 95453516-1 86-12 RES 2 IXIS Funding Corp Subtotal and Average 5,066,488.76 Run Date: 06102!2008 - 11:03 3,000,000.00 3,009,680.00 2,993,700.00 3.448 3.496 975 04/28!2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 9,253 08!31!2033 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 9,618 08/31!2034 07/24!1998 500,000.00 500,000.00 500,000.00 5.430 5.509 5.585 3,410 09!01!2017 07/24/1998 1,531,468.76 1,531,466.76 1,531,468.76 5.430 5.509 5.585 3,410 09/01/2017 5,066,488.76 5,066,488.76 5,066,488.76 4.289 4.349 7,067 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.2020 City of Temecula, California Portfolio Management Portfolio Details -Investments April 30, 2408 Page 6 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Baok Value Rate 360 365 Maturity Total and Average 239,039,230.66 237,091,950.11 237,639,470.99 237,085,650.11 3.595 3.645 388 Run Date: 06102!2008 - 1 7 03 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details -Cash April 30, 2aas Page 7 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 182.08 182.08 182.08 2.250 2.219 2.250 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 SYSFIexCkAcct FlexCkAcct Union Bank of California 07/01/2007 11,915.36 11,915.36 11,915.36 0.000 0.000 1 SYSGen CkAcct Gen CkAcct Union Bank of California 07/01!2007 2,198,301.87 2,198,301.87 2,198,301.87 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2007 18,947.00 18,947.00 18,947.00 0.000 0.000 1 Average Balance 0.00 Accrued Interest at Purchase 7,093.69 7,093.89 1 Subtotal 2,239,150.20 2,239,150.20 Total Cash and Investments 239,039,230.66 239,324,006.42 239,878,621.19 239,324,800.31 3.595 3.645 388 Run Date: 06102!2008 - 11:03 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.202a CASH AND INVESTMENTS REPORT CITY OF TEMECULA AS OF APRIL 30, 2008 GENERAL FUND STATE GAS TAX FUND DEVELOPMENT IMPACT FUND COMMUNITY DEV BLOCK GRANT AB 2766 FUND RDA DEV LOW/MOD 20% SET ASIDE MEASURE A FUND TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL "B" STREET LIGHTS TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL "D" TCSD SERVICE LEVEL "R" STREET/ROAD TCSD SERVICE LEVEL "L" LAKE PARK MAINT. TEMECULA LIBRARY FUND CAPITAL IMPROVEMENT PROJECT FUND CFD 01-2 HARVESTON A&B IMPROVEMENT CFD 03-1 CROWNE HILL IMPROVEMENT FUND CFD 03-3 WOLF CREEK IMPROVEMENT FUND CFD 03-6 HARVESTON 2 IMPROVEMENT FUND CFD-RORIPAUGH REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND VEHICLES FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES CITY 2008 COP'S DEBT SERVICE RDA 2002 TABS DEBT SERVICE TCSD 2001 COP'S DEBT SERVICE CFD 88-12 DEBT SERVICE FUND CFD 01-2 HARVESTON A&B DEBT SERVICE CFD 03-1 CROWNE HILL DEBT SERVICE FUND AD 03-4 JOHN WARNER ROAD DEBT SERVICE CFD 03-3 WOLF CREEK DEBT SERVICE FUND CFD 03-6 HARVESTON 2 DEBT SERVICE FUND CFD- RORIPAUGH Grand Total: Fund Total 51, 207, 786.39 0.04 3, 940,126.79 19,065.00 473, 756.22 7, 356, 858.06 7, 476, 072.66 249, 867.03 785.38 179, 016.87 62, 043.62 34,861.25 236, 645.90 1, 754, 078.98 41, 675, 548.08 255, 090.88 5, 226, 835.02 11, 911, 286.22 510,278.09 43, 943, 811.32 24, 929, 361.61 1, 366,164.42 654, 669.84 790, 262.31 330, 220.28 150, 396.77 833, 734.47 14, 567, 423.63 12, 612.20 3, 762,151.42 903, 553.90 1, 412, 618.47 181,394.78 2, 532, 903.24 387, 291.67 10, 550, 048.38 $ 289,878,621.19 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: Susan W. Jones, City Clerk/Director of Support Services DATE: June 10, 2008 SUBJECT: Approval of Election Resolutions RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BEHELD ON TUESDAY, NOVEMBER 4, 2008 2. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES BACKGROUND: Pursuant to the Elections Code, a municipality may request of the County of Registrar of Voters to consolidate with the General Election, to conduct the Municipal Election, to canvass the returns of the General Municipal Election, and to hold the election in all respects as if there were only one election. This request must be made in the form of a resolution, which delegates the powers and duties of the Election Officer for the city of Temecula to the County Elections Department. This delegation does not include services routinely conducted by the City Clerk, such as advertising requirements for filing periods and all campaign filings including nomination papers and campaign statement. The second resolution that the Council is being asked to adopt is the formal resolution calling and giving notice of the election. This is a requirement of the State of California Election Code relating to General Law Cities. It also authorizes the City Clerk to give notice of the election in the time, form and manner required by the Elections Code. FISCAL IMPACT: The estimated election costs for the Riverside County Registrar of Voters to consolidate the City Council election is estimated $90,000. ATTACHMENTS: Resolution No. 08- Request the Services of the Registrar Resolution No. 08- Calling the Election RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Cauncil of the City of Temecula, California, has called a General Municipal Election to be held on Tuesday, November 4, 2008, for the purpose of the election of two (2) members of the City Council. Section 2. It is desirable that the General Municipal Election be conducted by the County Registrar of Voters on November 4, 2008 within the City establishing the precincts, palling places and election officers, and that the Registrar of Voters of the County of Riverside canvass the returns of the General Municipal Election. Section 3. Pursuant to Sections 10002 and 10403 of the Elections Code of the State of California, the Registrar of Voters of the County of Riverside is hereby requested to conduct the General Municipal Election on Tuesday, November 4, 2008, for the purpose of the election of two {2) Members of the City Council of the City of Temecula currently held by Mike Naggar and Chuck Washington. Section 4. Except for those services routinely conducted by the City Clerk, delegation is hereby made to the county elections department of the powers and duties of the elections officer for the City of Temecula to conduct said election in accordance with all applicable laws and procedures. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used for each of the two {2) affected Council positions. Section 5. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City. Section 6. The City of Temecula recognizes that additional costs will be incurred by the County, by reason of this consolidation, and agrees to reimburse the County for such additional costs Section 7. The Registrar of Voters of the County of Riverside is hereby authorized, instructed and directed to give such further or additional notice of said election, in time form and manner as required. Section 8. The Registrar of Voters is hereby authorized to canvass the returns of said General Municipal Election. Section 9. The City Clerk is hereby directed to file a certified copy of this Resolution with the Registrar of Voters of the County of Riverside. Section 10. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2448. Michael S. 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. 48- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2448, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Under the provisions of the laws relating to general law cities in the State of California a General Municipal Election shall be held on November 4, 2008, for the election of Municipal Officers. Section 2. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Temecula, California, on Tuesday, November 4, 2008, a General Municipal Election for the purpose of electing two {2) Members of the City Council for the full term of four years. Section 3. That the ballots to be used at the election shall be in the form and content required by law. Section 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 5. That the polls for the election shall be open at seven o'clock a.m. on the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Section 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 8. That the City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2448. Michael S. 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. 48- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2448, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 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: Shawn Nelson, City Manager DATE: June 10, 2008 SUBJECT: Memorandum of Understanding PREPARED BY: Beth Gutierrez, Human Resources Analyst RECOMMENDATION: That the City Council approve the Memorandum of Understanding (M.O.U.) between the City and the represented employees of the California Teamsters Public, Professional,and Medical Employees Union Local 911. BACKGROUND: City staff and the General employees represented by the California Teamsters Public, Professional, and Medical Employees Union Local 911 have reached an agreement of a three (3) year M.O.U. This M.O.U. includes a 4% general employee salary increase as of July 1, 2008, a 3% general employee salary increase on July 1, 2009, and a 2% general employee salary increase on July 1, 2010. This three (3) year M.O.U. will provide a positive working environment for our employees, which translates to a higher level of public services being provided to our City residents. This contract also provides a retirement formula enhancement of 2.7% @ 55 effective July 1, 2010 (the third year of this agreement). Providing this retirement formula enhancement to the City of Temecula employees will bring the City of Temecula in line with the retirement formulas of other cities in our market. FISCAL IMPACT: These costs will be included in the upcoming FY 2008-09 Operating Budget. ATTACHMENTS: Memorandum of Understanding MEMGRANDUM GF UNDERSTANDING (M.G.U) Between the City of Temecula and the General Employees of the City of Temecula Effective July 1, 2008 Memorandum of Understanding {MOU) - 711108 - TABLE OF CONTENTS - General Page Forward i Preamble ii Article 1 Recognition ...................................................... ............................... 4 Article 2 Implementation ................................................. ............................... 4 Article 3 Term ................................................................. ............................... 4 Article 4 Authorized Agents ............................................ ............................... 4-5 Article 5 City Rights ........................................................ ............................... 5 Article 6 Employee Rights .............................................. ............................... 5 Article 7 Union Rights ..................................................... ............................... 5-8 Article 8 Personnel Files ................................................ ............................... 8-9 Article 9 Seniority ........................................................... ............................... 9 Compensation Article 10 Compensation Adjustments ............................. ............................... 9 10.4 Longevity ............................................. ...............................9-10 10.5 Special Merit Pay ................................ ............................. 10 10.6 Bilingual Pay ...................................... ............................. 10 10.7 Notary Pay .......................................... ............................. 10 Article 11 Holiday Pay ...................................................... ............................. 10-11 Article 12 City Holidays .................................................... ............................. 11-12 Article 13 Overtime ........................................................... ............................. 12-13 Article 14 Overtime Authorization ..................................... ............................. 13 Article 15 Compensatory Time ......................................... ............................. 13 Article 16 Call-Out Pay ..................................................... ............................. 13-14 Article 17 Stand-By Pay ................................................... ............................. 14-15 Article 18 Shift Differential Pay ......................................... ............................. 15 Article 19 Clothing Allowance .......................................... ............................. 15-16 Article 20 Temporary Upgrade ......................................... ............................. 16-17 Employment Article 21 Probationary Periods ........................................ ............................. 17 Article 22 Eligibility far Merit Increases ............................ ............................. 17-18 22.1 Overdue Evaluations ......................... ............................. 18 Special Programs Article 23 Tuition Reimbursement ........................................................ ......... 18-19 Article 24 VlJellness Reimbursement .................................................... ........ 19 Article 25 Employee Computer Purchase ............................................ ........ 19 Article 26 Safety Programs .................................................................. ........ 20 26.1 Safe Driving Program .............................................. ......... 20 26.2 Injury and Illness Prevention Program {IIPP) ......... ......... 20 Article 27 Driver's License Renewal .................................................... ......... 20 2 Leaves Article 28 Article 29 Article 30 Article 31 Article 32 Article 33 Benefits Article 34 Article 35 Article 36 Article 37 Service Article 38 Article 39 Article 40 Article 41 Article 42 Article 43 Article 44 Article 45 Article 46 Article 47 Article 48 Article 49 Article 50 Comprehensive Annual Leave (CAL} Policy ........................... 28.1 Catastrophic Leave ...................................................... 28.2 CAL Time Cash Out ..................................................... Bereavement Leave ................................................................. Family Care and Medical Leave .............................................. 30.1 Pregnancy Leave ......................................................... Jury Duty .................................................................................. Military Leave ........................................................................... Leaves of Absence Without Pay .............................................. Cafeteria Plan .............................. 34.1 Health Coverage ............... 34.2 Dental Coverage .............. 34.3 Vision Coverage ............... 34.4 Disability Insurance.......... 34.5 Flexible Benefits Program 34.6 Retiree Health Benefits.... Life Insurance ............................... Retirement .................................... Deferred Compensation ............... 21-23 23 23 23-24 24-31 31 32-33 33 33-34 34-36 35 35 35 35 35-36 36-37 37 37 38 Late Starts ................................................................ ..................... 38 Rest Periods ............................................................. ..................... 38 Hours of Work .......................................................... ..................... 38-39 Grievance Procedure ............................................... ..................... 39-40 Discipline .................................................................. ..................... 40-45 Alcohol and Drug Policy ........................................... ..................... 45 Reduction of Workfarce ........................................... ..................... 45-46 Job Actions ............................................................... ..................... 46 Americans with Disabilities Act (ADA) ..................... ..................... 46-47 Classification Studies ............................................... ..................... 47 Performing Arts/Theater Staff ............................ ..................47 Posting of Vacancies ............................................... ..................... 47 Separability ............................................................... ..................... 48 Posting of Agreement ..................................................................................................... 49 Appendix A ......................................................................................................A-1 3 Foreword The Memorandum of Understanding is made and entered into between the City of Temecula (hereinafter referred to as the "City"), and the designated representatives {hereinafter referred to as the "representative") of General Employee Unit of the City of Temecula. Preamble It is the purpose of this Memorandum of Understanding (hereinafter referred to as "Memorandum") to promote and provide for harmonious relations, cooperation, and understanding between the City Management representatives and the General employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum. This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code 3500 et. Seq.) and has been jointly prepared by the parties. Article 1 Recognition The City recognizes California Teamsters Public, Professional, and Medical Employees Union Local 911 {hereinafter referred to as the Union) as the exclusively recognized labor organization representing employees assigned to job classifications as set forth in Appendix "A" of agreement. Article 2 Implementation This Memorandum constitutes a recommendation to be submitted to the City Council subsequentto the ratification meeting by Union members. It is agreed that this Memorandum shall not be binding upon the parties either in whole ar in part unless and until: The City Council formally acts, by majority vote, to approve and adopt said Memorandum. Article 3 Term The term of this Memorandum shall commence at 12:01 a.m., July 1, 2008, except as expressly provided otherwise in this agreement, when the terms and conditions for its effectiveness, as set forth in Article 2 I mplementation, are fully met. This Memorandum shall expire and otherwise be fully terminated at 11:59 p.m., June 30, 2011. Current terms and conditions of work shall remain in full force and effect until such time a successor can be reached or imposed (per Government Code 3500 et. seq.). Article 4 Authorized Agents For the purpose of administering the terms and provisions of this Memorandum: 4.1 City's principal authorized agent shall be the City Manager or a duly authorized representative (Address: P.O. Box 9033, Temecula, CA 92589-9033, {951) 506-5100 except where a particular City representative is specifically designated in connection with the 4 performance of a specific function or obligation set forth herein. 4.2 General employees authorized representative or the California Teamsters Public, Professional, and Medical Employees Union Local 911 shall be the duly authorized staff representative {Address: 3888 Cherry Ave., Long Beach, CA 90807, {562) 595-4518. Article 5 City Rights The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions, committees, and boards; set standards of service; to manage the City, schedule working hours; establish, modify or change work schedules or standards; determine the procedures and standards of selection for action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, means and personnel bywhich operations are to be conducted; determine the content of job classifications; take all necessaryactions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Article 6 Employee Rights Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer- employee relations, including but not limited to wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against bythe Cityor byanyemployee organization because of their exercise of these rights. Article 7 Union Rights 7.1 Agency Shop The City of Temecula {City) and Teamsters Local 911, General Employees Bargaining Unit (Union) mutually understand and agree that in accordance with State of California law, per adoption of SB 739, and the Agency Shop election held on January 31, 2002, a majority of the full time, regular employees in classifications represented by the Union voted to be covered by an Agency Shop agreement. As a result of the Agency Shop election, as a condition of continued employment, this Agency Shop agreement hereby requires that all bargaining unit employees: Elect to join the Union and pay union dues, or Pay an agency fee for representation, or With a religious exemption, pay a fee equal to the agency fee to be donated to selected charities. Union Dues/Agency Fee Collection 5 Effective with the pay period beginning March 25, 2002, the Finance Department shall deduct union dues, agency fee and religious exemption fees from all employees who have signed a written authorization and a copy of that authorization has been provided to the Finance Department. Employees on disability leave without pay, or employees who earn a salary less than the union deduction shall not have a union dues or agencyfee deduction for that pay period. The City will notify the Chief Shop Steward, on a monthly basis, of any status changes in the bargaining unit. The Union shall notify the City of any agency fee payer who elects to only pay fair share fees, the fee equal to direct representation costs as determined by the Union's certified financial report. The Union shall notify the City of the amount of the fair share fee to be deducted from the fair share fee payer's paycheck. New Hire Notification Effective April 1, 2002, all new hires in the Temecula General Employees Bargaining Unit shall be informed by Human Resources, at the time of hire, which an Agency Shop agreement is in effect fortheir classification. The employee shall be provided a copy of this agreement, the Memorandum of Understanding and a form, mutually developed between the City and the Union that outlines the employee's choices under the Agency Shop agreement. The employee shall be provided 30 calendar days from the date of hire to elect their choice and provide a signed copy of that choice to the Finance Department. The Union may request to meet with new hires at a time and place mutually agreed upon between the Department Head and the Union. Failure to Pay Dues/Fees Should an employee fail to make an election and provide the City a signed copy of the Agency Shop employee election form, the Union shall notify the City, requesting the employee be terminated from employment for failure to make an election. Within seven (7) working days of each new hire in the bargaining unit, the City shall notifythe Union of all new hires, providing the Union the employee's name, classification and date of hire. Union Dues Process Human Resources will schedule a new hire orientation, which will include a meeting with a union shop steward. The Union Steward will instruct the new hire to fill out the Agency Fee Election Form and return it to Human Resources within 30 days of their hire date. If, after 30 days, an employee fails to make an election and provide the city a signed copy of the Agency shop employee election form, Human Resources will notify the Chief Union Steward and the City shall, by default, designate the employee as an agency fee payer. Once defaulted, the City then notifies the Union. The Union then mails the employee their "Hudson Rights". Religious Exemption An employee who is a member of a bona fide religion, body or sect that has historically held 6 conscientious objections to joining or financially supporting a union shall not be required, as a condition of employment, to join the union and pay union dues or pay an agency fee for representation. City understands that the Union claims it is entitled to require employees to show proof of entitlement to religious exemption status. In lieu of union dues or agency fee, the employee claiming religious exemption shall be required to pay a fee equal to the Agency Fee, and those fees shall be remitted by the City, at the choice of the employee, to one of the following non-labor, non-religious charitable organizations: • United Way • Combined Health Agencies {CHA) • Specific charities that are supported by United Way/CHA Records On an annual basis, the Union shall provide the Finance Department a copy of the Union's certified financial report as required by Government Code Section 3502.5 {f). The City shall provide the Union a list of all unit members and dues paying status with each union dues check remitted to the Union. Rescission of Agreement The Agency Shop agreement may be rescinded at any time during the term of the Memorandum of Understanding by a majority vote of all the employees in the bargaining unit. A request for such vote must be supported by a petition containing the signatures of at least thirty (30) percent of the employees in the unit. The election shall be by secret ballot and conducted by California State Mediation and Conciliation and in accordance with state law. Indemnification The Union shall indemnify, defend and hold the City harmless from and against all claims, demands and liabilities and other actions relating to the City's implementation and compliance with this agreement. 7.2 Bulletin Boards The Union shall be provided suitable and adequate space on designated City bulletin boards at reasonable work locations for posting information concerning official Union business and activities. All postings shall contain the date of the posting and the identification of the document as a Union sponsored publication. All postings shall be done by an authorized Union representative after the following procedure is followed. Procedure 7 A. All posted materials must be approved by Human Resources. B. Unauthorized materials may not be posted on City bulletin boards. C. Posted materials must be dated by Human Resources and may be removed by Human Resources andlor the Union after ten (10) calendar days. D. The Union may utilize the City's a-mail for bargaining unit communication with prior Human Resources approval. 7.3 The Union shall provide and maintain, with the City, a current list of the names and all authorized representatives of the General Employee Unit. 7.4 Four (4) shop stewards, along with three {3) alternate shop stewards, will be allowed reasonable release time from regularly scheduled duties to attend meet and confer sessions as designated by City Management. Because of the potential impact on the operation of an individual department, the four (4) shop stewards, along with three (3) alternate shop stewards, shall not have mare than two (2) absent atone time from the same department. Employee representatives shall receive reasonable release time to investigate and present grievances; and attend Union sponsored training with prior approval from Human Resources (training not to exceed more than 2 times per year). The Union is to meet with the City Manager at least two (2) times per year during the life of this agreement. 7.5 Dues Check offs The City shall deduct from the first paycheck of each month and remit to the Union for the duration of this Agreement no later than approximately the 20th of the month. All such monies that employees individually authorized in writing, such authorizations will complywith appropriate laws and regulations. The Union agrees to indemnify and hold the City harmless against any and all suits, claims, demands and liabilities that may arise out of, or by reason of, any action that shall be taken by the City for the purpose of complying with this Article. Article $ Personnel Files The official personnel file of each employee shall be maintained in the Human Resources Department. A unit member and/or a Union representative authorized by the member, in writing, may review or obtain copies of material from the employee's file with the exception of material that includes ratings, reports or records which are obtained prior to the employment of the employee involved. 8.1 Derogatory written materials (generally written reprimands and disciplinary suspension, excluding performance evaluation) shall be removed from an employee's official file in the Human Resources Department, providing there have been no further occurrences of documented violations, at the employee's request. Written reprimands are eligible to be removed, after two {2) years and disciplinary suspension after three (3) years if above 8 criteria have been met. In orderforthe derogatorywritten materials to be removed, Human Resources must receive a formal written request from the employee to remove such materials. 8.2 Employees shall be provided a copy of any derogatory material that is to be placed in their official file. 8.3 All customer or citizen letters of a positive nature andlor any City commendations, letters of achievements and recognition will be placed in the employee's personnel file, at the employee's request. Article 9 Seniority Far the purpose of this Memorandum, "seniority" shall mean a bargaining unit member's total continuous length of employment with the City in a regular, allocated position, based on the employee's most recent hire date. Continuous length of employment shall include actual time worked, authorized leave of absence with or without pay, military leave, family leave and injury leave without pay not to exceed one (1) year. Exceptfor military leave, a single injury leave above one (1) yearwill not be counted for purposes of calculating seniority. Article 10 Compensation Adjustments 10.1 A four percent (4%) general salary increase, across the board, will be provided within the pay-period that includes July 1 ~ with the increase being effective on July 1St of 2008. Those employees who have an evaluation date of July 1, 2008 will be given their merit increase first if applicable and then the general salary increase will be applied to that new rate. 10.2 A three percent (3%) general salary increase, across the board, will be provided within the pay-period that includes July 1 St with the increase being effective an July 1 St of 2009. Those employees who have an evaluation date of July 1, 2009 will be given their merit increase first, if applicable, and the general salary increase will then be applied to that new rate. 10.3 A two percent (2%) general salary increase, across the board, will be provided within the pay-period that includes July 1 St with the increase being effective on July 1St of 2010. Those employees who have an evaluation date of July 1, 2010 will be given their merit increase first, if applicable, and the general salary increase will then be applied to that new rate. 10.4 Longevity Compensation Upon completion of ten (10) years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $350. Upon completion of 15 years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $500. 9 Upon completion of 20 years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $750. 10.5 Special Merit Pay In an effort to recognize and reward sustained superior performance, the City will provide a Special Merit Pay Program to eligible employees. Beginning on July 1, 2008, all employees will be eligible for $450 in Special Merit Pay, on their service anniversary date, if they have completed five (5)+ years of service with the City and have a rating of "commendable or outstanding" on three (3) out of their last five (5) annual evaluations. The overall rating category will be used to determine eligibility. The overall rating needs to be commendable or outstanding including + ar- in these categories. Combination ratings such as Typically Meets/Commendable (T/C) will not be counted as an eligible rating but a combination of CommendablelOutstanding will qualify. If an employee's annual evaluation is 90 days overdue and they are eligible for Special Merit Pay, a rating of "commendable or outstanding" will be required on only two (2) out of the employee's lastfour (4) annual evaluations. The Special Merit Paywill be paid to an eligible employee as soon as practicable following the 90 day period. 10.6 Bilingual Pay Employees wha have demonstrated the ability, by passing an annual City administered test, to translate both written and spoken Spanish, will receive $50 per pay period for bilingual compensation. This bilingual compensation is provided as an incentive to recruit and retain bilingual employees in order to ensure that the City provides quality customer service to residents. Far the purpose of this policy, the City will provide bilingual compensation to a maximum of two (2) employees in each operating department. If more than two (2) employees are eligible, actual compensation will be awarded based on the two (2) highest scares on the annual City administered test. Based on service level needs, the number of eligible employees can be modified by the City Manager or designee, to meet the City's needs. 10.7 Notary Pay Effective the first full pay period in July 2008 the City will provide $25.00 per pay period to employees who maintain a public notary and who are designated by the City as a Public Notary. Article 11 Holiday Pay 11.1 Based upon the eligible employee's assigned schedule, they will receive holiday pay for eight (8) or nine (9) hours on the applicable City observed holiday, 11.2 Regular part-time employees receive holiday pay an apro-rated basis based on the number 10 of hours worked. 11.3 Work on a holiday: if a Regular Non-exempt Employee is required to work on a holiday, then that employee will be paid for the actual hours of work at the rate of one and one half times that employee's regular rate. In addition, the employee will be paid holiday pay in accordance with the above plus shift differential (Article 18). Those employees on stand-by status, who work on a City holiday, should be compensated as outlined in Article 17 (Stand By Pay). 11.4 9/80 Work Plan -Holiday on Employee's Scheduled Day Off: If a holiday occurs on an employee's scheduled day off, the employee will receive an eight {8} or nine (9) hour day off immediately prior to the holiday. 11.5 Either an eight (8) or nine {9) hour floating holiday is provided atthe beginning of each fiscal year. The floating holiday hours will be pro-rated at the time of hire. When using a floating holiday, employee must use the hours in one block. The floating holiday cannot be used to make up time for being short time during a regular workday. The floating holiday needs to be treated as a regular City observed holiday. Article 12 City Holidays Represented employees receive a total of 12 City holidays each calendar year. The City observes the following 11 fixed holidays: New Year's Day Martin Luther King, Jr. Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Day '/ day- Christmas Eve Afternoon Christmas Day '/ day -New Year's Eve Afternoon One {1} floating holiday is provided in each of the years during the life of this agreement. This floating holiday may not be carried over year to year. Holidays must be scheduled in advance. Employees will submit, to their supervisor/department director, a first and second request of preference. If denied, employees are allowed to take the holiday at a mutually agreed to later date. Observance: holidays which fall on a Saturdaywill normally be observed on the preceding Friday, holidays which fall on a Sunday will normally be observed on the following Monday. The City Manager will determine the actual dates an which holidays will be observed each year. In the case of the '/ day holiday observances, City facilities will be closed to the public at noon. Eligibility: regular employees who are on paid status for their entire regular work shifts immediately 11 prior to and immediately following the holiday will be paid for the holiday Article 13 Overtime All employees required to perform in excess of 40 hours in a work week, as defined in Sections 13.1 and 13.2, shall receive compensation at the rate of time and one-half of the employee's regular rate of pay for hours worked in excess of 40 hours. All employees required to perform in excess of 12 hours in a workday shall receive compensation at the rate of double the time of the employee's regular rate of pay for those hours in excess of 12 hours. (Note: Performing Arts/Theater Staff should refer to Article 48 for additional information regarding theater overtime scheduling.) In determining an employee's eligibility for overtime, paid and unpaid leaves of absences shall be excluded from the total hours worked. Also excluded are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. Paid leave of absences include, but are not limited to, the following: A. Unscheduled Comprehensive Annual Leave B. Unscheduled Compensatory Time C. Administrative Leave D. Jury Duty E. Bereavement Leave F. Military Leave There shall be na pyramiding of overtime, except for shift differential pay, as outlined in Article 18. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. Time worked shall be computed by rounding to the nearest 15 minute increment. As defined, if less than 7 minutes are worked then time worked will be rounded down and if the employee works between 7 and 15 minutes, then time worked will be rounded up. Employees may elect to receive compensation or bank the overtime hours in accordance with Article 15, Compensatory Time. In addition the following provisions apply, 13.1 Work week defined: for the purpose of computing overtime, the workweek for employees who work the regular schedule is a seven (7) day period beginning at 12:01 a.m. on each Saturday and ending at midnight on each Friday. 13.2 9180 work week defined: for the purpose of computing overtime, the work week for employees who work the 9180 Plan is a seven {7) day period beginning at 12:01 p.m. on each Friday and ending 12:00 noon on the fallowing Friday. 13.3 Time worked: for purposes of this policy, hours worked include onlythose hours in which the employee performs services authorized by the City. 13.4 An employee who is called back to work following the end of their regularly scheduled work shift and proceeds to work more than five (5} consecutive overtime hours shall then be entitled to an eight (8) hour rest period without compensation, upon completion of the assignment and upon leaving the duty station. 12 If the eight (8) hour rest period extends into the employee's next regularly scheduled work shift, the employee shall suffer no loss of pay or accrued leave as a result thereof. As is practical, employees who have earned a rest period shall be relieved at the start of their regular work shift in order to take such rest period. 13.5 Overtime assignments will be offered through an equitable process. Assignments for scheduled events will first be offered to volunteer(s). Assignments for unscheduled events will be issued based upon qualifications, experience, and resources needed. Article 14 Overtime Authorization No employee shall work overtime unless the working of overtime hours has been specifically authorized in advance, if possible, by the employee's supervisor. Violations of this article can result in disciplinary actions pursuant to Article 42 and the City's Disciplinary Policy. Article 15 Compensatory Time In lieu of receiving overtime pay pursuant to Article 13 (Overtime) and Article 14 (Overtime Authorization) an employee may elect, to receive compensatory time off on a time and one-half basis for each hour worked. Compensatory Time Off is considered permissive leave and, subjectto department approval, is consistent with Article 28 (Comprehensive Annual Leave). In addition, the following shall apply regulating the usage of compensatory time off: 15.1 No employee shall accrue more than 80 hours of compensatory time. 15.2 Compensatory Time maybe used for leave subject to scheduling in accordance with Article 28 (Comprehensive Annual Leave) of this M.O.U. 15.3 All compensatory time that is available to an employee as of the first day of December, will be cashed out, at full value, and given to the employee within the pay-period that includes December 1St. The compensatorytime cash outwill be paid out on a separate check. Under sole discretion of the City Manager, employees may carryover a portion of Compensatory Time that would need to be used within 60 days. Article 16 Call-Out Policy Call-out duty applies to all employees and occurs when any City employee is required to perform services not in conjunction with a regularly scheduled work shift. For the purpose of this policy, there are two types of call-out. The first is when an employee is required to physically leave their residence and report to duty. This is termed, a response call-out. The second type of call-out is termed anon-response call-out and occurs when an employee is telephoned and/or paged and can resolve the problem without having to physically leave their residence and report to work. Employees who are designated as onstand-by status when called out will be compensated from the time they leave their residence to the time that they return to their residence. Employees who are not designated on stand-by status and are called out will receive compensation for the time they 13 leave their residence to the time that they leave the duty station Employees who have a response call-out will be credited with all hours worked with a minimum of three (3) hours. Any hours worked in excess of the three (3) hours, which includes travel time, will be credited atone and one-half times regular {non-overtime} rate of pay. In addition, Call Out Pay will be paid to employees and can not be included in any Comp Time bank. Employees who have anon-response call-outwill be compensated atone (1) hour of time and one- half, if the non-response call-out occurs between 6:31 a.m. and 12 midnight. If the non-response call-out occurs between 12:01 a.m. and 6:30 a.m., the employee will be compensated at two {2~ hours of one and one-half times regular {non-overtime) rate of pay. If applicable, employees are subject to the provisions of Article 13.4 (Overtime) regarding rest periods during call-out situations. Article 17 Stand-bv Pa Effective July 1 ~ 2008, in any situation where an employee has been in a designated "stand-by" status and is to remain on-call, the employee shall be compensated at the rate of $210 for each seven {7} day stand-by period. Employees who are designated as on stand-by status when called out will be compensated from the time they leave their residence to the time that they return to their residence. Effective July 1St 2010, the stand-by weekly rate will increase to $230 for each seven (7} day stand-by period. Employees may also be designated instand-by status for individual days and stand-by status can be applied to any City of Temecula employees. Compensation for daily stand-by pay will be computed at 1/7 of the weekly amount described above. Assignments for standby duty will be scheduled on a rotational basis. This 7-day standby period includes "Friday's off" (pursuant to the 9180 work schedule}, as well as weekends and holidays. If applicable, employees are subject to the provisions of Article 13.4 (Overtime) regarding rest periods during stand-by situations. Employees on a "stand by" status shall be required, at all times, to carry a functioning, City provided pager and be able to respond to the page within 15 minutes of being paged. Upon responding to the page, the employee must give an estimated response time to the caller. In addition, employees are expected to maintain a level of fitness for duty that is required for your normal work schedule. Employees officially designated as on stand-by on an officially recognized City holiday will receive an additional $50 for that day. A: Substitution of Standby Duty: Your supervisor must approve all substitutions. There are two (2) types of substitutions related to Standby Duty, as follows: 1. Straight Substitution: You may request that another employee substitute for you, subject to the approval of your supervisor, with at least 48 hours prior notice. Substitutions shall not be assigned between employees. In this instance, the supervisor will, to the extent possible, solicit and assign volunteers through the hat- pick lottery. Emergency Substitution: In an emergency situation (employee or City related), or with less than 48 hours prior notice, your supervisor shall assign a qualified substitute, {including additional employees) to provide standby coverage. 14 In both instances above the substituting employee will receive the appropriate daily rate of 117 of weekly amount described above for each standby duty day. 17.1 Rotation of Storm-Watch Crews As employees of the public sector, all City employees are designated as Disaster Service Workers by the California Government Code. In association with this designation, the Public Works Maintenance Superintendent, or their designee, may implement aStorm-Watch Schedule to protect public interests in the event that existing or impending weather conditions and/or reports indicate the potential for flooding or other severe storm related problems exist. Please refer to the Public Works Maintenance Division Handbook for a step-by-step procedure when aStorm-Watch Schedule is warranted. 17.2 Rotation of Banner InstallationlRemoval Crews Pursuant to a quarterly schedule prepared by the Maintenance Superintendent, the Public Works Maintenance Division employees may be assigned to Banner InstallationlRemoval Crews for special event purposes throughout the year. Please refer to the Public Works Maintenance Division Handbook for a step-by-step procedure when a Banner Installation/Removal Schedule is warranted. Article 18 Shift Differential Pa Employees are eligible to receive a 5°~ shift differential {above their appropriate rate of pay) far all hours worked on Sundays, holidays along with the hours worked between 10 p.m. and 6 a.m. Any overtime worked on Sundays, holidays and the hours between 10 p.m. and 6 a.m. will be based on the shift differential overtime rate. During the term of this agreement, shift differential will be provided to traffic signal staff for all work conducted on Saturdays. The City reserves the right to change how responses are handled relative to traffic signal service needs on weekends. Article 19 Clothing Allowance City uniforms provide easy identification for customers and the public, a professional appearance, and a convenience far City employees. Each field employee, in Public Works and Community Services, is responsible for wearing a City furnished uniform at all times while performing City-related work. 19.1 The City shall provide designated field employees with uniforms. The uniforms consist of shirts and pants. The City shall provide laundry service for the uniforms. Departments will annually provide a minimum of five {5) City staff shirts {style determined by individual departments} to field employees in Building and Safety, Code Enforcement, Public Works, TCSD, Signal Technicians and Park Rangers. Department Directors may authorize additional City provided shirts based upon operational needs. In lieu of uniform pants and at the employee's request, jeans will be provided to field employees through the City's uniform company. 19.2 Each field employee shall take proper care of uniforms and maintain high standards of 15 personal grooming and neatness. Hair, jewelry and accessories must not impede the safe and efficient execution of their duties. 19.3 A uniform, or any part of it, shall be worn only during working hours and while traveling between work and home. City uniforms shall not be worn outside of working hours unless authorized by their department. 19.4 The City will determine the need for and timing of uniform replacement. 19.5 The City provides each field employee with appropriate safety equipment, as determined by each supervisor. 19.6 Safety boots or shoes as determined by the City shall be warn with the uniform. Ordinarily tennis shoes, sandals, etc., are not permitted without specific department approval for safety reasons. This allowance is $175. The boot allowance will be paid in the first full pay period of July. Employees receiving the boot allowance must wear boots that are appropriate far their duties and said boats must be maintained in a good/safe condition. 19.7 Employees in the classification of Building Inspectors, Landscape Inspectors, Public Works Inspectors, and Code Enforcement Officers are eligible for an annual clothing allowance of $125. This allowance is intended to cover the cost of replacing clothes due to field hazards and normal wear and tear. In addition, all field employees are required to wear collared shirts, presentable work pants and applicable safety shoes. The clothing allowance will be given in the first full pay period of July. 19.8 Effective July 1, 2008, if field staff requires specialized boots or have unusual wear and tear because of work functions (special needs shall be supported with a formal request and appropriate documentation to the supervisor for approval} additional boot allowance maybe provided. Article 20 Temporary Upgrade As a result of vacancies, leave of absences or other reasons, it may be necessary to temporarily reassign the duties of an authorized position to another employee. When such assignments require the employee to assume significant additional duties, which are outside the scope of the employee's regular assignment, it is appropriate to adjust the employee's salary to reflect the interim changes. This policy allows the City to temporarily upgrade the affected employee. It shall be the responsibility of the Department Supervisorto notify Human Resources, in writing, to implementthe temporary upgrade for any affected employee. Human Resources will, in turn, notify the union when a temporary upgrade is initiated and/or terminated. Approval required: with the approval of the City Manager, an employee may be temporarily appointed to a higher level classification to perform additional duties on an interim basis provided that: A. The higher level position is vacant and is approved bythe City Managerfor new or continued staffing, 16 B. the duties of the higher level position are outside of the scope of the employee's current classification as determined by the City Manager, or a designee, C. the vacancy is expected to continue for at least 15 business days, but not longer than one (1) calendar year, and, D. the employee possesses the minimum qualifications to perform the work of the higher classification. Salary: the salary of an employee in a Temporary Upgrade Assignment shall be adjusted by approximately 5°~ or to the minimum rate of the temporary classification, whichever is greater, for the period of the temporary assignment. Effective Dates: the City Manager, or a designee, shall establish the effective dates of a Temporary Upgrade Assignment. In addition, the employee assigned to perform the duties of a higher classification shall not serve for more than 180 calendar days in a higher classification unless the vacancy is created by extended leave approved by the City Manager pursuant to Article 33 {Leaves of Absence without Pay) of this M.Q.U. Article 21 Probationary Periods All appointments, excluding promotional appointments, shall be subject to a probationary period of not less than one (1) year of full time employment in the position. An employee on their original probation shall receive an evaluation at three (3) months, six {6) months and nine {9) months. The City can extend probation for a maximum of six (6) months. Employees will successfully pass probation if no extension is implemented and if no evaluation is provided by the last day of the probationary period. Passing probation is also not contingent on an employee receiving a probationary evaluation on time. 21.1 Promotional Probation Promotional probationary appointments shall be subject to a probationary period of not less than six {6}months of full time employment in the position. During the probation period, the employee maybe rejected at any time regardless of service without the right of a hearing or appeal. Any employee rejected during a promotional probation to which they have been promoted shall be reinstated to a position in the class from which theywere promoted unless they were discharged for cause from the City. Article 22 Eligibility for Merit Increases Each probationary or regular employee will be considered for, but is not guaranteed, a merit adjustment annually at their regular or adjusted anniversary date. Merit adjustments {based upon performance and the policy as stated in the Performance Evaluation and Compensation System- PEACS) may be denied, deferred for future consideration, or granted at .5, 1, or 1.5 step intervals, at the Department Director's discretion and subject to City Manager's approval. In addition, it is agreed that during the life of this agreement, supervisors and managers agree to conduct annual evaluation meetings within 30 days of the employee's anniversary date. 17 Regular and Promotional Probationary employees are eligible for merit adjustments at or near the completion of their one (1}year of continuous service and at the employee's annual anniversary date thereafter, provided that the employee is not a Y-Rated employee or at the maximum rate for their salary range. Approved merit adjustments will be retro-active to the official evaluation due date. 22.1 Overdue Evaluations An overdue evaluation report will be given to the Union Chief Steward, by Human Resources, on a mutually agreed upon schedule. Human Resources and the Union will work cooperatively to ensure the timely receipt of annual evaluations. At 60 days past the official evaluation due date, the Director of Human Resources will meet with the appropriate Department Director, of the affected employee, at which time a date will be determined to give the evaluation. If an annual evaluation becomes 90 days overdue, an automatic step increase will be given {if applicable). The Union can initiate payment by contacting Human Resources. If an extenuating circumstance exists, the manager will discuss this with the affected employee and will come to a mutually agreed upon extension. If any evaluation becomes 120 days overdue, it may be subject to the Union filing a grievance. Article 23 Tuition Reimbursement When an employee is ready to enroll in classes thattheywould like to receive tuition reimbursement for, they must first submit a tuition reimbursement pre-approval form to theirsupervisor. If approved, the supervisor, in turn, would submit the pre-approval farm to Human Resources for consideration. As a condition of being reimbursed, the employee agrees to continue employmentwith the Cityfor one (1) year past the date of the receipt of the reimbursement. If the employee leaves the City, the amount of the reimbursement will be due to the City. Reimbursement is limited to no more than $1,200 for training or educational expenses in any one (1) fiscal year. Additional funds may be approved on appeal to the City Manager. 23.1 Any educational or training course that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City. Any other educational or training course that is job related shall, if prior approval for reimbursement is given by the City Manager or a designee, be reimbursed 100% after successful completion. All college or other graded classes shall require a minimum grade of a "C" in order to receive such reimbursement. Books or other materials shall only be paid for if some defined benefit can be shown to the City (i.e. books become part of the City reference library}. Once the employee has received their official course grade, theythen attach appropriate receipts and proof of grades to the City's Tuition Reimbursement form, complete the employee portion, have their Supervisor/Department Director complete their portion and submitthe completed packet to Human Resources. Once reviewed and approved by Human Resources, the approved packet is submitted to the Department of Finance for processing. The employee will receive their approved tuition reimbursement amount on the next payroll cycle. 23.2 In general, training time during working hours shall be considered part of the job. Non- mandatorytrainingafter hours shall be considered voluntary, and no additional pay, overtime or compensatorytime shall be given by the City, unless advanced special written approval is 18 granted. Study time shall be considered completely voluntary. 23.3 Although the City applauds employees for their efforts in pursuit of additional education, the City shall not pay for educational degrees or for education in general, but will only reimburse employees for required orjob-related classes and training. No reimbursement shall occur if an educational class does not provide a benefitto the City. The only exception to this is, the City will reimburse employees for three (3) general education classes, over the life of this agreement, as long as the classes are a part of a degree or certificate program. These three (3) classes must be approved, in advance, as required by this policy. There is no mileage reimbursement for travel to and from educational classes. Required forms must be completed and necessary documentation (receipts and grades) must be provided, in orderto receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be made by the City Manager after review of the request and recommendations by the Department Director and the Human Resources Administrator. Article 24 Wellness Reimbursement Proaram Beginning July 1, 2008, employees will be allowed up to a $400 per fiscal year stipend to be reimbursed for annual physicals, body scans, gym membership orstationary-type fitness equipment (excluding recreational sporting equipment and apparel). See Wellness Reimbursement Program form for detailed criteria of eligiblelineligible wellness expenses. Any unused benefit will not be carried over to the following fiscal year. Article 25 Employee Computer Purchase Program This program allows employees to borrow, at no interest, up to $2,000 to purchase a personal computer with a loan repayment up to 24 months. To qualify far the program, employees must be regular, full-timelpart-time employees and have successfully passed their one {1) year probationary period. Employees must also elect to purchase a computer/equipment system that is capable of running Microsoft Office Suite, (i.e. Word, Excel, PowerPoint etc.) Loans can be received by either Reimbursement of Costs or Direct Payment to Vendor (see Employee Computer Purchase Program Administrative Guideline for further details). Repayment will be made through equal biweekly payroll deductions over a maximum period of up to 24 months. At the time of submittal, employees have the option to request a 12 month loan. Repayment in full will be accepted at any time, without penalty to the employee. Loan repayment shall commence within two to four weeks of receiving disbursement. In the event of termination of employment for any reason, the entire unpaid balance shall immediately be due and payable, without notice. Any remaining unpaid balance shall first be deducted from the final paycheck. In the event the final paycheck is not sufficient to payoff the principal sum, then any resultant balance must be paid, in full, with other resources of the borrower. 19 Article 26 Safety Programs 26.1 Safe Driving Program Full-time benefited employees, who are assigned to a to a City vehicle, are eligible to participate in the Safe Driving Award Program. Employees assigned to pool vehicles do not qualify. Eligible employees must not have been in any"preventable" vehicle accidents during any given full fiscal year. An accident is defined as: any event involving a City vehicle resulting in or causing personal injury or damage to any person, object, or property in an amount exceeding $150 in total damages. The City Safety Committee will determine whether the accident was "preventable" or "non-preventable". Preventable -the driver failed to do everything passible to prevent the accident, including anticipating the hazard and applying the appropriate defensive driving procedures. Non-Preventable -the driver did everything passible to prevent the accident, including anticipating the hazard and applying the appropriate defensive driving procedures. Qualifying employees are recognized and receive awards after one (1) year and then in five (5) year increments thereafter. When an employee is notified by the Department of Motor Vehicles that their Class driver's license is about to expire, the employee needs to follow the DMV instruction for Class A renewals. Once the renewal process is completed, proof of the renewal (Medical Examiner Certificate) needs to be submitted to Human Resources for verification purposes. 26.2 Injury and Illness Prevention Plan {IIPP) It is the intention of the City of Temecula to maintain a safe and healthy work environment for all employees. This Injuryand Illness Prevention Plan (I IPP) was designed to promote a safe work environment. To meet this goal, it shall be the policy of the City of Temecula to give precedence to safety above expediency of any operation and to comply with established state laws and City ordinances and standards. Continued efforts in safety education, field operational review, working condition safety and accident prevention analysis, in conjunction with active participation by supervisors and employees, will ensure a successful Injury and Illness Prevention Plan {IIPP). Article 27 Driver's License Renewal It is the employee's responsibility to carry a valid driver's license when driving a City vehicle or on City business. For California Commercial driver's licenses (A & B), renewal requirements, DMV fees, physicals and training are to be paid by the City. A.. Release Time: For the purposes of obtaining and/or renewing a Class A Driver's Licenses, pursuant to the scope of responsibilities within their classification specification and upon supervisory approval, employees are provided release time to process paperwork at the DMV. 20 Article 28 Comprehensive Annual Leave Polic The intent of this policy is to ensure that all employees have an adequate amount of time off each year far rest and relaxation, personal business or personaVfamily illness. Regular employees earn Comprehensive Annual Leave from the date of hire. Employees who are paid for less than 80 hours in a pay period will earn Comprehensive Annual Leave credits on apro-rated basis for that pay period. The accrual rate far non-exempt (hourlyl employees is as follows: Annual Hours of Biweeklv Maximum Increment Annual Leave Accrual Rate Accumulation Hire date 152 5.846 304 hours 2-4 years 168 6.462 336 hours 4-6 years 208 8.000 416 hours 6-8 years 224 8.615 448 hours 8-10 years 240 9.231 480 hours 10+ years 264 10.154 528 hours 15+ years 264 10.154 640 hours The accrual rate for exempt employees is as follows: Annual Hours of Biweeklv Maximum Increment Annual Leave Accrual Rate Accumulation Hire date 168 6.462 336 hours 2-4 years 184 7.077 368 hours 4-6 years 224 8.615 448 hours 6-8 years 240 9.231 480 hours 8-10 years 256 9.846 512 hours 10+ years 280 10.769 560 hours 15+ years 280 10.769 640 hours Annual leave accrual: annual leave will be earned on a prorated rate each pay period. Maximum balance: the maximum accrued unused Comprehensive Annual Leave accumulation, which an employee may have at any one time, is two {2) times the employee's annual accrual. However, the City Manager may grant an employee, on a case by case basis, the ability to accrue annual leave above two {2) times the annual accrual limit for good cause shown. Requesting time off: a leave request form is to be submitted bythe employee and approved by the employee's supervisor prior to the leave commencing. In the event of an unforeseen absence, the employee shall contacttheir immediate supervisor or representative as directed bythe Department Director within 30 minutes of the start of their normal scheduled shift. Scheduling: the scheduling of Comprehensive Annual Leave shall be determined bythe employee's 21 supervisor based upon: first, the needs of the City; second, the employee's request; and then seniority. Departments will determine a schedule as to when they will route their departmental vacation calendar. Employees with greater seniority, within the department, will be given the first opportunity to select their vacation. If after the needs of the City and the employee's request have been taken into consideration, and two {2) employees have requested the same period of time off, which will cause a staffing conflict within the same job area or function, senioritywill be used as the determining factor as to who will receive the requested time off. However, if the same staffing conflict arises the following year, and senioritywas used as the basis for resolving that conflict in the previous year, the employee granted that time off in question the previous year will not be granted the same period of time off in the subsequent year only. A leave request form needs to be submitted by the employee and approved by the employee's supervisor prior to the leave commencing. Scheduled CAL Leave needs to be approved 48 hours in advance by the employee's supervisor. If a CAL Leave request is submitted less than 48 hours in advance, the supervisor is under no obligation to approve the CAL Leave request. Supervisors shall return the time off request form to the employee, with their signature approval, within a reasonable time which is outlined in the policy below. The supervisor is encouraged to make their decision within 24 hours of the request; however, in the event that additional time is needed, this decision should be generally made within five (5) business days. If the request is submitted less than 48 hours prior to the specified time off, the supervisor will be under no compulsion to approve the request based on the MOU language. The above noted turn around time for this approval is also important when considering an employee's request for multiple time-off requests over the course of a year. This can become important in light of the seniority clause in Article 9 of the MOU. The MOU and current City policy do not require an employee to have a designated number of CAL hours available in order to take scheduled time off. However, the employee must have enough hours in their CAL Leave bank, to cover their leave request, before the scheduled leave commences. If there are insufficient CAL hours in the employee's bank when the scheduled time off is about to commence, the supervisor may use their authority to cancel the abovementioned scheduled time off. If the requested leave is relating to a personal issue, the employee has the option of stating personal for the reason and the supervisor need not ask for a more detailed explanation. The supervisor can offer the City's Employee Assistance Program (EAP) if deemed appropriate. Management can only strongly encourage that an employee keep a "safe" number of hours on the books in the case of unforeseen needs or to satisfy the time needed to get through a disability elimination period, illness or personal leave. Legitimate leave of absences such as workers' compensation, disability, or extended illness should not be factored in when approvingJdisapproving time-off requests. In addition, the City encourages communication between employees and their supervisor and it is acceptable for the employee and the supervisor to agree on a conditional approval of vacation time and that the terms of this conditional approval are documented on the Leave Form. In lieu of a Grievance Procedure {Article 41), any disputes that arise out of the scheduling of CAL time, will be handled by Human Resources. The determination of Human Resources will be final 22 and no formal grievance may be filed in CAL scheduling. Holidays during Comprehensive Annual Leave: City holidays which occur during an employee's Comprehensive Annual Leave are not deducted from Comprehensive Annual Leave balance. Separation of employment: upon separation from employment with the City, an employee shall be entitled to cash out their remaining Comprehensive Annual Leave balance at their regular, non- overtime rate of pay. 28.1 Catastrophic Leave -Upon approval by the City Manager, or designee, employees may donate a maximum of 16 hours {if 120 hours remain in donating employee's CAL bank} to a fellow employee in the event of a medical emergency to the employee or an immediate family member of the employee. (Refer to Article 29, Bereavement Leave, for definition of family member.} A "medical emergency" is defined as a serious medical condition that would require the prolonged absence of the employee from duty and would result in a substantial loss of income to the employee because the employee would have and would be required to exhaust all of their available paid leave. In addition, the City has the right to request a doctor's note to verify the medical emergency. The City will pool all hours that are donated and employees, who are eligible for the donation, will receive said donation from the pool. The maximum donation to individual employees is 160 hours per fiscal year. 28.2 CAL Time Cash Out - In June, employees may cash out CAL Time under the following criteria: A. May cash out up to a maximum of 120 hours effective June 2008. B. Must maintain a balance of 120 hours after cash out is taken. C. Must have taken at least 80 hours of CAL Time during the fiscal year. The CAL Time Cash Out will be provided by the end of the fiscal year on a separate check. The CAL Time Cash Out pay period will be determined by the City's Finance Department, in accordance with the ending of the fiscal year. Article 29 Bereavement Leave The City recognizes the importance of providing employees time off to mourn and take care of any details relating to the death of a member of their immediate family. Employees may also use CAL time in conjunction with bereavement leave. Employees may receive a maximum of three (3) business days for bereavement of an individual who is a member of the employee's immediate family or of other similar relation as determined by the City Manager. If an employee must travel more than 500 miles, one way, to attend a funeral, the employee is eligible for five (5) business days of bereavement leave. 23 A. For the purposes of this policy, immediate family (including natural, step or in-laws) shall be defined as spouse, mother, father, sister, brother, daughter, son and grandparents. B. A leave request form must be completed bythe employee and approved bytheir supervisor. Depending upon circumstances, employees can submit bereavement leave and Comprehensive Annual Leave (CAL) requests after the employee returns to work. In addition, the supervisor may require verification that bereavement leave was warranted. Article 30 Family Care and Medical Leave N[ OTE: The New FMLA Family Military Leave Laws Noted In This Policy May Be Affected By Forthcoming DOL Regulations in MidtLate 2008] Statement of Policy To the extent not already provided for under current leave policies and provisions, the City will provide family and medical care leave for eligible employees as required by state and federal law. The following provisions set forth certain rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ("FMLA"), and the regulations of the California Family Rights Act ("CFRA"). Unless otherwise provided by this article, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA. II. Definitions A. "12-Month Period" means a rolling 12-month period measured backward from the date leave is taken. B. "Child" means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility far care and includes, a biological, adopted, foster orstep-child. A child is "incapable of self care" if he/she requires active assistance or supervision to provide daily self care in three or more of the activities of daily living or instrumental activities of daily living-such as, caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, etc. C. "Parent" means the biological parent of an employee or an individual who stands or stood in place of a parent to an employee when the employee was a child. This term does not include parents-in-law. D. "Spouse" means a husband or wife as defined or recognized under California State law for purposes of marriage. E. "Registered Domestic Partner," shall have the same meaning as "Spouse" for purposes of leave policy. 24 F. "Serious health condition" means an illness, injury impairment, or physical or mental condition that involves: 1. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery there from); or 2. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following: a) A period of incapacity (i.e., inability to work, or perform other regular daily activities) due to serious health condition of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves: 1. Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision by a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider; or 2. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. b) Any period of incapacity due to pregnancy or for prenatal care. (This entitles the employee to FMLA leave, but not CFRA leave. Under California law, an employee disabled by pregnancy is entitled to pregnancy disability leave.} c) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which: Requires periodic visits for treatment by a health care provider, ar by a nurse or physician's assistant under direct supervision of a health care provider; Continues over an extended period of time (including recurring episodes of a single underlying condition}; and May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day. d) A period of incapacity which is permanent or long term due to a condition for which treatment may not be effective. The employee 25 or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. e) Any period of absence to receive multiple treatments (including any period of recovery) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment. G. "Health Care Provider" means: 1. A doctor of medicine or osteopathy who is licensed to practice medicine or surgery by the State of California; 2. Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, who directly treats or supervises treatment of a serious health condition; 3. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated to exist by) authorized to practice in California and performing within the scope of their practice as defined under California State law; 4. Nurse practitioners and nurse-midwives and clinical social workers who are authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law; 5. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and 6. Any health care provider from wham an employer or group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits. H. "Active Duty' means a duty under a call to order of active, retired, reserves, or National Guard members of the United States Armed Forces by law or any other provision of law during a war or national emergency declared by the President or Congress. I. "Contingency Operation" means a military operation that is (1) designated by the Secretary of Defense as an operation in which members of the United States Armed Forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or (2) that results in the call to order of active duty members of the United States Armed Forces by law or any other 26 provision of law during a war or national emergency declared by the President or Congress. J. "Covered Service member" means a member of the United States Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, in otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. K. "Outpatient Status" means the status of a member of the United States Armed Forces assigned to: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. L. "Next of Kin" means the nearest blood relative of an injured service member. M. "Serious Injury or Illness" means an injury or illness incurred by a member of the Armed Forces in the line of duty on active duty that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating. III. Reasons for Leave Leave is only permitted for the following reasons: 1. The birth of a child or to care for a newborn of an employee; 2. The placement of a child with an employee in connection with the adoption or foster care of a child; 3. Leave to care for a child, parent, spouse, or registered domestic partner who has a serious health condition; 4. Leave because of a serious health condition that makes the employee unable to perform the functions of hislher position; 5. Leave fora "qualifying need" may be taken arising out of the fact that an employee's spouse, registered domestic partner, son, daughter, or parent is on active military duty or has been notified of an impending call or order to active duty in support of a contingency operation involving the United States Armed Forces; or 6. Leave to care for a spouse, registered domestic partner, son, daughter, parent, or "next of kin" service member of the United States Armed Forces wha has a serious injury or illness incurred in the line of duty while on active military duty (this leave can run up to 26 weeks of unpaid leave during an employee's 12-month period}. IV. Employees Eligible for Leave An employee is eligible for leave if the employee: 27 1. Has been employed for at least 12 months; and 2. Has worked for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave. V. Amount of Leave Eligible employees are entitled to a total of 12 workweeks {or 26 weeks to care for an injured service member) of leave during any 12-month period. A. Minimum Duration of Leave If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes {e.g., bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions. If leave is requested to care for a child, parent, spouse or the employee him/herself with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with. B. Spouses Both Employed By The City of Temecula In any case in which a husband and wife both employed by the City are entitled to leave, the combined number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12-month period if leave is taken for the birth or placement for adoption or faster care of the employees' child {i.e., banding leave}. In any case in which a husband and wife both employed by the City are entitled to leave, the combined number of workweeks of leave to which both may be entitled may be limited to 26 workweeks during any 12-month period if leave is taken to care far an injured service member. Except as noted above, this limitation does not apply to any other type of leave under this policy. VI. Employee Benefits While on Leave Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City of Temecula group health insurance to the same extent that coverage is provided while the employee is on the job. Employees shall be responsible for the continuation of City of Temecula provided health care insurance premiums if on a Leave for more than the 12 weeks specified by the law. 28 Employees will not be required, but may use at their option, all accrued Comprehensive Annual Leave time for Leave while under the care of a health care provider or if taken to care for an injured service member. Employees shall retain the status of employee while on Leave. However, a Leave used in conjunction with any other unpaid leave of absence, which exceeds 24 weeks, shall result in an adjustment to the employee's Comprehensive Annual Leave and salary review date. VII. Medical Certification Nf OTE: An Agency can require certification to verify an employee's request for family leave relating to a "qualifying need" involving the employee's child, spouse, registered domestic partner, or parent's active duty in the military for a contingency operation. However, the DOL has not yet issued regulations outlining the parameters of such certification and regulations are not expected to be issued until mid/late 2008] Employees who request leave far their own serious health condition or to care for a child, parent, registered domestic partner, or a spouse who has a serious health condition must provide written certification from the health care provider of the individual requiring care if requested by the City of Temecula. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of hislher position. Employees who request leave to care for an injured service member who is a child, spouse, registered domestic partner, parent, or "next of kin" of the employee must provide written certification from a health care provider regarding the injured service member's serious injury or illness. A. Time to Provide A Certification When an employee's leave is foreseeable and at least 30 days notice has been provided, if a medical certification is requested, the employee must provide it before the leave begins. When this is not possible, the employee must provide the requested certification to the City within the time frame requested by the City {which must allow at least 15 calendar days after the employer's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. B. Consequences for Failure to Provide an Adequate or Timely Certification If an employee provides an incomplete medical certification the employee will be given a reasonable opportunity to cure any such deficiency. C. Recertification 29 If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinions when there is a recertification. D. Intermittent Leave or Leave On A Reduced Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary' means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. VIII. Employee Notice of Leave Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days' notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child ar to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. Such notice may be orally given. If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion; adequately cover the position with a substitute. IX. Reinstatement upon Return From Leave A. Right to Reinstatement Upon expiration of leave (na more than 12 weeks or 26 weeks for military situations), an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period. If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and City the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return. B. Employee's Obligation to Report Periodically On HislHer Condition 30 Employees maybe required to periodically report an their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. C. Return to Work Certification As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform his/her, job, the employee must obtain and present a certification from their health care provider that the employee is able to resume work. X. Required Forms Employees must fill out the following applicable forms in connection with leave under this policy: 1. "Request for Family or Medical Leave Form" prepared by the City to be eligible for leave. 2. Medical certification-either for the employee's own serious health condition or for the serious health condition of a child, parent, spouse or registered domestic partner. 3. Authorization for payroll deductions for benefit plan coverage continuation; and 4. Certification to return work from appropriate health care provider. 30.1 Pregnancy Leave A pregnant employee shall be entitled to a leave of absence without pay for up to four {4) months so long as the employee's attending physician certifies that she is physically unable to work due to pregnancy, childbirth or related medical condition. During said leave of absence without pay, the employee has the option of using CAL time. In addition, employees who are out on Pregnancy Leave will also be placed on FMLA. Their Pregnancy and FMLA Leaves will run concurrently. Upon expiration of the approved leave, the employee shall be reinstated to her former position orta a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. The comparable position is one having similar terms of pay, location, job content and promotional opportunities. Prior to the employee being reinstated, the department director may require a statement from the attending physician thatthe employee is physically capable of resuming the regular duties of her position. Failure to return to work after the authorized four (4) month leave period causes the employee to have no reinstatement rights. An employee who plans to take such a leave should give reasonable notice of the date the leave shall commence and the estimated duration of the leave. Female employees shall be reasonably accommodated far conditions related to pregnancy, childbirth or related medical conditions if the employee requests an accommodation with the advice of her healthcare provider. 31 Article 31 Jurv Dut The City encourages employees to serve as jurors when called upon to do so. When an employee serves on jury duty or is called to testify on a case involving official City business, the employee receives full pay from the City (Government Code Section 1230). However, if an employee is testifying on a civillcriminal case that does not involve official City business, then the employee is required to utilize any accrued Comprehensive Annual Leave {CAL) time that the employee has available. Employees are not required to submit, to the City, any compensation received from the court for serving as a juror. If an employee is called to report to jury duty, the employee shall obtain a "Jury Attendance Certification" form from the court upon dismissal by the judge. The "Jury Duty Certification" form must be attached to the employee's timesheet for verification of jury duty attendance by payroll. Because the time on the "Jury Attendance Certification" form provided by the court and the actual time the employee is released from the jury pool and/or leaves the courthouse may differ, the employee must handwrite the actual time of release on the form. The time should be noted upon instruction from their supervisor or designee to either return to work or be released from work. Jury Duty attendance shall be recorded on the timesheet under the code for jury duty regardless of whether the employee is instructed to return to work or not. When an employee receives an initial summons to report for jury duty, the employee must provide a copy of the summons to his or her supervisor immediately upon receipt, regardless of whether s/he is called to serve. It is the responsibility of each supervisor to record the employee's absence for jury duty in a manner similar to that used to record the employee absences (i.e. department calendar, weekly staff agenda). If an employee needs to appear in court regarding a personal situation or is summoned to report to the court for a civil or criminal case that does not involve official City business then the employee is required to utilize available Comprehensive Annual Leave (CAL) time. A leave request form must be submitted and approved by the supervisor prior to the leave commencing. Approved personal leave {CAL) time shall be recorded on the timesheet under the code for CAL time. Defining "Practical" Return to Full Duty When released early, which is defined as more than two hours remaining in the business day, from any day of jury duty, the employee shall contact his/her supervisor, or designee, to determine if it is practical to return to full duty. In determining whether an employee shall return to workfollowing the completion of jury duty for that day, reasonable consideration shall be given to such factors as: courthouse delays, parking conditions, travel time, and a rest period. If two {2) hours or less are remaining in the City's standard business day (8 a.m. to 5 p.m.), the employee does not need to contact their supervisor or return to work. Employees are not required to report to work at the City each day prior to reporting to the court for jury duty unless the report time after 12 noon is ordered. Supervisor Determination If upon discussion with the supervisor or designee it is determined that it is NOT practical for an 32 employee to return to full duty that day, the supervisor's written release stating "not practical to return to full duty', along with the supervisor's initials and date, must be noted on the employees "Jury Attendance Certification" form and attached to their timesheet. Article 32 Military Leave The City recognizes the importance of allowing employees time off to serve in the U.S. Armed Forces. This policy allows far employees to take time necessary for the defense of our country. Military leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose shall provide their department director and Human Resources, whenever possible, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the department director may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave. Upon completion of military service, the employee will be reinstated with full seniorityto the theirformer position orto a comparable position, if application for reemployment is made within 90 calendar days of release from the service or related hospitalization. An employee who is a member of the National Guard or of a reserve component of the U.S. Armed Farces shall, upon furnishing a copy of the official orders or instructions, be granted a military training leave. Training leaves will not, except in an emergency, or in the event of extenuating circumstances, exceed two {2) weeks per year, plus reasonable travel time. Upon presentation of a military pay voucher or endorsed orders, employees will receive full pay for up to 30 calendar days within one {1) fiscal year. If the leave is greater than 30 days, then the employee may utilize accrued Comprehensive Annual Leave time. If the employee is placed on active duty, the City is required, by law, to return the employee to the same classification, upon the employee's return to City service. The military leave policy has been extended, for those employee's called to active duty as follows: A. With appropriate documentation, the City will pay the difference between the City employee's salary and the employee's military pay, and; B. The difference in salary will be paid for the entire duration of active duty. Article 33 Leaves of Absence Without Pay This provision applies to leaves, which are not covered by other provisions within the MOU. Leave of Absence Without Pay is to be used far the purpose of unforeseen circumstances or other situations where leave is requested by the employee. In all cases, Leaves Without Pay must be approved by the City Manager or designee, and do not continue accrual of benefits. Employees should refer to Human Resources for specific details. 33.1 Procedure for Requesting Leave of Absence Without Pay The Department Director, subject to the approval of the City Manager, may grant requests 33 for Leave of Absence Without Pay. Employees generally provide a minimum of two {2) weeks notice, in writing, to request a Leave of Absence Without Pay. Employees must give reasonable notice, to their Department Director, before returning to work. The maximum leave which may be taken is six {6) months at the sole discretion of the City Manager. In extreme cases, and at City Manager's approval, the maximum leave may be extended beyond six months. Employees shall not accrue Comprehensive Annual Leave time if on a Leave of Absence Without Pay in excess of five (5) business days. Employees may be required to exhaust their Comprehensive Annual Leave prior to commencing Leave of Absence Without Pay status, except as provided in the Family Care Leave Policy and Holiday Pay Policy. Employees shall be responsible for the continuation of City provided health care insurance premiums if on Leave of Absence Without Pay for more than two (2) monthly premium payment periods. Employees shall retain the status of employee while on Leave of Absence Without Pay. However, a Leave Without Pay which exceeds 30 days shall result in an adjustment to the employee's salary and Comprehensive Annual Leave accrual review dates. 33.2 Procedure for Unforeseen Circumstances Requests for Leave of Absence Without Pay may be granted, at the discretion of the City Manager, for prolonged illness or personal reasons, including disabilities not related to worker's compensation. The above procedures will applyto a requested Leave of Absence Without Pay with the exception of providing a two (2) week minimum notice. Employees who request a Leave of Absence Without Pay for illness or personal reasons must provide a written notice of such leave as far in advance as possible. In addition, the City may require a doctor's certification or other official documents in orderto verify legitimacy of the employee's request. Article 34 Cafeteria Plan The City agrees to continue contributing a $850 allotment per month for benefit utilization by each represented employee during the first six {6) month of this agreement. This amount shall be increased to the following amounts: January 1, 2009 = $900 per month January 1, 2010 = $920 per month January 1, 2011 = $940 per month This allotment must be applied to all mandatory benefits as determined by the City. The first day of the month following the date of hire an employee, upon proper application and acceptance, shall be 34 covered under mandatary benefits as set forth in the contract between the City and the carrier(s). The employee can then apply the remainder to optional benefits as described below or take the remainder in cash. The Union agrees to meet and confer with the City over any state or federally mandated changes in benefits that occur during the term of this agreement. In addition, City agrees to include two (2) shop stewards as part of the formal Benefit Committee that meets to discuss annual changes in any health and welfare benefit proposal for the next plan year. The benefit committee will meet at least six (6) months prior to the start of the open enrollment period to educate employees on benefits provided during the upcoming plan year. 34.1 Health Coverage During the life of this agreement, the City agrees to continue offering the PERS Health Plan. Employees can opt out of the City provided medical plan if proof of outside medical coverage is provided. The City agrees to meet with the Benefit Committee to discuss any changes in the PERS Health Plan prior to open enrollment. 34.2 Dental Coverage During the life of this agreement, the City agrees to continue to offer dental coverage to represented employees. The City agrees to meet with the Benefit Committee, comprised of representatives from each unit, prior to selection of the dental plan for the respective Plan Year. 34.3 Vision Coverage During the life of this agreement, the City agrees to continue to offer vision coverage to represented employees. The City agrees to meet with the Benefit Committee prior to selection of the vision care plan for the respective Plan Year. 34.4 Disability Insurance The City will offer short-term and long-term disability insurance to represented employees. The City agrees to meet with the Benefit Committee prior to selection of short-term and long- term disability insurance. The STD disability insurance elimination period of 0 - 7 calendar days for accident(in-patient hospitalization; and the STD disability insurance elimination period of 7 -14 calendar days for illness and outpatient procedures. Employees should refer to Human Resources regarding specific details on short term and long term disability coverages. 34.5 Flexible Benefits Program The City will continue to offer, as long as lawfully permitted, a Flexible Benefits Program during the term of this agreement in accordance with applicable IRS statutes in order to provide employees the greatest possible tax benefit. Included in the Flexible Benefits Program are reimbursement accounts for medical, dental 35 and vision plan deductibles and co-payments; and other health care expenses not covered by existing medical and dental vision coverage. An additional element of the program includes reimbursement of childldependentcare. 34.6 Retiree Medical, Dental and Vision Premium Reimbursement The City will provide medical, dental and vision benefits, for eligible employees and their spouse, upon retirement from the City of Temecula, as follows: A. Eligible retired employees are those employees that were hired or rehired on or before June 30, 2005 and have, upon retirement, completed a minimum of 12 years of cumulative service to the City of Temecula in a regular, benefited position status; who retire from the City of Temecula on or after July 1, 2003; and who have health coverage under the City's medical plans as provided in Sections 34.1, 34.2 and 34.3 of this agreement, at time of retirement, also in accordance with CaIPERS standards. Part- time, regular, benefited employees shall also be eligible provided that total service in Temecula, as defined by PERS, meets the required minimum forthis benefit and if they meet the other criteria set forth in this article. If a retired Temecula employee reinstates to a regular benefited position with any PERS Agency, including the City of Temecula, this benefit will be discontinued and will not be reinstated. The only exception to this rule shall be in the event of a Reduction in Workforce and the employee had been re-employed by the City of Temecula pursuantto Article 44 of this M.O.U. B. Retirement from the City of Temecula shall be defined as a PERS service or industrial disability retirement, and employee must be eligible for such retirement at the time of or within 120 days of separation from City service. The date of eligibility shall be the employee's official CaIPERS retirement date. C. Employees who have retired prior to the effective date of this M.O.U. will be eligible for this benefit in accordance with the terms of the agreement at time of retirement. D. Eligible City of Temecula employees {as defined above}, who retire during the term of this M.O.U. will be eligible for a reimbursement, for premiums (not including co- payments, prescriptions, and other non-premium expenses) purchased and paid far by them, of up to $800 per month, for continued medical, dental and vision coverage as provided for in sections 34.1, 34.2 and 34.3 of this agreement. Beginning July 1, 2010, the monthly reimbursement will increase to equal the monthly cafeteria plan allotment. This payment will begin within 30 days of the employees PERS retirement, and upon written notice from the employee and verification of current payment amounts and will continue through the term of this agreement. E. The amount of actual payment will be based on proof of continued medical, dental or vision insurance and verification of the payment amount. In addition, the maximum amount of payment will include any mandatory medical payments made by the City. If employee moves from PERS service area, and coverage under the City's medical, dental, and/or vision plans is not available, employee may request that an alternate 36 medical, dental, and/or vision plans be approved bythe City, if allowed bylaw. Coverage is limited to employee, and if applicable, to spouse. The medical, dental, and/or vision insurance benefits will continue for eligible employees, even afterthe employee qualifies for Medicare coverage. Medicare supplemental coverage and related premiums will be set in accordance with CaIPERS benefit standards. The existing Dental and Vision benefit plans only allow continuation of coverage for retirees for 18 months, after retirement. Following this time period, it is the retiree's responsibilityto enroll in dental and vision coverage of their choice. I n order to receive reimbursement (not to exceed the monthly allotment), the retiree needs to submit proof of coverage annually to the City's Director of Human Resources.- By January 31St of each year, for all coverages which are outside the PERS medical plan service area, eligible retired employees, or their authorized legal representative, must submit, to the City's Director of Human Resources, proof of coverage and the premium amountforthe upcoming year. If this request is not received by January 31St, payments will not be made until the request is received, for that year. Retroactive payments will not be made if the employee fails to submit this information on a timely basis. It is the responsibility of the retired employee to notify the Director of Human Resources of any changes in premium amounts or change in status. This benefit will discontinue upon the death of the retired City employee. Article 35 Life Insurance The first day of the month following date of hire an employee, upon proper application and acceptance by the insurance carrier, shall be covered under a group life insurance plan for the amount of $50,000. Voluntary Life Insurance will be available to employees (outside the City's Section 125 Cafeteria Plan) at no cast to the City. Article 36 Retirement The City's PERS retirementformula,fnr the first two (2) years of this agreement, is 2.5°l0 @ 55. The City agrees to continue to pay the employer's contribution rate required by the Public Employee's Retirement System to maintain the current level of benefits for employees covered by this Memorandum during the term of this agreement. Effective July 1, 2010, the City will modify the PERS contract to reflect the 2.7°~ @ 55 retirement formula. The City will continue to pay a contribution to the Public Employees Retirement System, an amount not to exceed 8% of each represented employee's gross compensation to the extent allowable by law. Survivor Benefits: The City of Temecula's PERS 1959 Survivor Benefit coverage (Government Code section 21574) is a higher level of cash benefit paid to survivors of an employee who dies prior to retirement. The City provides Level 4 of PERS' Survivor Benefit. 37 Article 37 Deferred Compensation The City shall provide for a Deferred Compensation Plan which may be utilized by anyemployee on an optional basis. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the City. Article 38 Late Starts An employee who is tardy to work or upon returning from break or lunch, shall be docked pay at the discretion of the Department Director or designees}. Such docking shall be rounded to the nearest 15 minute increment. However, if the employee is tardy for a period of less than 7'/ minutes, then no docking of pay shall occur. If the employee is tardy between 7'/ and 15 minutes, then a full 15 minutes shall be docked. The employee may not utilize a shortened break period or lunch period to make up the time. However, if an employee is late due to extenuating circumstances, then the Department Director or designee{s}, at the employee's request, may allow the employee to make up the time at some point during the same work period in which the late start occurred. In addition, no provisions of this article are subject to the grievance procedure. Finally, an employee may be disciplined for continued late starts. Article 39 Rest Periods All represented employees may take, for each full eight (8) or nine (9) hour shift worked at the direction of the respective department, a 15 minute break each four or 4'/ -hour period. Rest and lunch periods must be arranged with your supervisor and are intended to be uninterrupted time. Employees working in the field shall take, atthe direction of the department, rest periods nearbythe work site. Rest periods/meals are for the good of the employee, but periods cannot be used to make up for other lost time or to arrive at work late ar leave work early. Exceptions to this rule must be with supervisory approval. Rest periods are not cumulative. I n the event the employee is called off their lunch break because of an emergency or if the department schedules ahands-an mandatory lunch meeting, the employee is entitled to be compensated for this time. Article 40 Hours of Work The City has an absolute right to assign work schedules for City employees. If the City proposes to change the work schedule of a classification or an employee in a classification, represented by the Union, the City will provide the employee and Union with a written notice which will include the valid business need for the schedule modification. Such written notice will be provided at least ten (10} business days in advance of any change. During the term of this agreement, the City will continue to offer the 9/80-work schedule as defined below: A 9180 Work Plan is a work schedule whereby employees work 80 hours in a nine (9) day rather than the traditional ten {10) day period. 40.1 Participation in the plan is on a Citywide basis. Employees have the option of participating in the 9180 Work Plan if the Department Director has agreed and the affected classification 38 is eligible based upon the scheduling and service needs of the department. Upon Department Director approval, employees may change from a 9180 or traditional schedule status to the alternate work schedule on a temporary or on-going basis. 40.2 The work period, for FLSA and overtime purposes, begins on each Friday at 12:01 p.m. and ends at 12:00 noon on the following Friday. 40.3 Under the 9/80 Work Plan, employees receive one {1) day off every two {2) weeks. 40.4 Fridaywill be the onlyalternating dayoff during the week unless modified bythe department. Article 41 Grievance Procedure The purpose of this article is to promote improved employer-employee relationships by establishing procedures for appealing management actions. Ta afford employees, individually or through representation, asystematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussion. This process is intended to provide settlement of grievances as near as practicable to the point of origin. 41.1 A grievance is any alleged violation as to the interpretation or application of personnel policies and practices or the application of any negotiated agreement or any law, rule or regulation governing personnel matters for which there is not another administrative appeal process. 41.2 An employee is entitled to representation in the preparation and presentation of a grievance at anystep in the grievance procedure. The grievant is entitled to be released from work for a reasonable period of time in order to present the grievance. 41.3 An employee or employee representative will be unimpeded and free from restraint, discrimination, interference, or reprisal in seeking appropriate adjustment of a grievance provided, however, that an employee's representative may not participate in an informal discussion with the supervisor as required prior to the filing of a formal written grievance. 41.4 A grievance is not reviewable under this procedure if it is a matter which would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure andlor rules of the City, such as: A. Employee requested applications for changes in title, job classification or salary. B. Appeals from formal disciplinary action. C. Appeals from work performance evaluations. 41.5 In order for an employee to file a grievance, the employee must raise the issue with the immediate supervisor or Department Director, in writing, within 15 business days after the employee knew or, by reasonable diligence, should have known of the circumstances giving rise to the grievance and should be subject to all processing set forth herein. 41.6 The time limits set forth in the grievance procedure may be extended by mutual consent of 39 both parties Step 1 An employee, before reducing the grievance to writing, will take the matter up with their immediate supervisor in an informal conference. The employee and the supervisor are each entitled to the presence of a silent observer. The silent observerfor the grievant must be the shop steward forthe grievant's appropriate group. An observerthat interrupts or participates in the discussion may be excluded from the discussion by either the employee or the supervisor. The supervisor will have five (5) business days to render a decision in writing. Failure of the supervisor to render a decision in writing within five (5) business days, entitles the employee to move the grievance to the next step. Step 2 If the grievance is not settled in Step 1, the employee and their representative, if any, shall within five (5) business days appeal, in writing, to the employee's Department Director. The Department Director shall schedule a meeting, to hear the grievance, which will take place within ten {10) business days from the date the grievance is referred to Step 2. The Department Director shall issue a decision within ten (10) business days. The employee maywithin five (5) business days move the grievance to Step 3. Failure bythe employee to raise the issue to the next level will result in the grievance procedure ending. Final Step If the grievance is not settled in Step 2, the employee and their representative, if any, shall within five (5) business days appeal, in writing, to the City Manager. The City Manager or, if designated, the Assistant City Manager shall schedule a meeting to take place within 15 business days. The City Manager or Assistant City Manager shall have 15 business days to render a decision which will be final and binding. Article 42 Discia~line General Statement of Policy: It is the City's belief that rules of conduct are most effective when they are written and communicated to employees and supervisors, consistently enforced, and the difference between major and minor forms of misconduct recognized. The City's goal is to administer discipline on an equitable and corrective basis. Effective discipline reinforces training by identifying rules and their reasons, correcting misconduct ar improving job performance, serving as a deterrent through enforcement, and penalizing in relation to the severity of the offense and the employee's past record. In general, the City will not use supporting documents older than three (3) years when considering a disciplinary action. At the request of the employee, Union representation will be provided during investigative conferences that may result in formal discipline. Formal discipline is defined as a minimum of a written reprimand. If the supervisor anticipates that discipline, resulting in a written reprimand or greater discipline will result, the supervisor shall notify the employee that they have a right to request Union representation prior to further discussion of the issue. 40 Definition of Disciplinary Action: "Disciplinary Action" means action taken by the Department Director or designee for disciplinary reasons, pursuant to the City of Temecula Discipline Policy. Such disciplinary actions include: 1) a formal warning, 2) a written reprimand, 3) disciplinary suspension, 4) reduction in pay, 5) demotion, 6) dismissal, or 7) any other action taken for disciplinary purposes. Informal Discussion: Though not a disciplinary action, when a minor job performance problem develops, an informal discussion shall usually occur to assist the employee in clarifying and remedying the problem. An informal discussion is designed to clarify standards, policies and procedures or rules and regulations so that problems are resolved early and thus, the need to utilize disciplinary action may be avoided. Formal Warning: The formal warning shall be given in response to minor misconduct. The warning should be prompt, calm, and constructive, and every effort shall be made for the formal warning to be given in private. The supervisor/department director shall include in the formal warning a review of appropriate department standards and policies, employee performance expected in the future and consequences for failure to correct performance or behavior. A formal warning will be documented in memorandum format by the supervisor/department director and a copy of the formal warning memorandum to the employee. This memorandum does not go into the employee's central personnel file. In addition, the employee may request that a Union representative be present during this process. Written Reprimand: The written reprimand shall be given by the Department Director or designated authority when a formal warning has not succeeded in stopping the misconduct or when the misconduct is considered too serious to warrant a formal warning. Misconduct includes failure to meet City performance standards. The Department Director should first counsel the employee about the misconduct, as if giving a formal warning. At the end of the discussion, if no extenuating circumstances are discovered, the Department Director shall inform the employee that a letter of reprimand shall follow and shall be placed in their central personnel file located in the Human Resources Department. The written reprimand shall include a full, accurate and factual statement of the reason for the reprimand, if applicable, appropriate department standards and policies, employee performance expected in the future, and consequences forfailure to correct performance or behavior. The employee and/or their representative has the right to request a meeting with Human Resources to discuss the content of the written reprimand prior to it being placed in the employee's central personnel file. Finally, the employee has the right to attach a written response to the written reprimand to be placed in the employee's central personnel file. Disciplinary Suspension: Disciplinary suspensions without pay are actions which generallydeprive an employee of pay for any period up to 30 business days and are usually given when serious misconduct or repetition of past problems for which the employee has been reprimanded require a strong management response. The nature of the offense, its severity and the circumstances dictate the length of suspension. Recurrence of the same or similar offenses can result in a second orthird disciplinary suspension of progressively increased duration ar in a dismissal. A disciplinary suspension is given an employee when formal warnings or written reprimands have not been effective, or when the misconduct warrants more than a written reprimand. The City distinguishes between minor disciplinary suspension as one {1) to five {5) business days and major disciplinary suspensions as six (6) to 30 business days. Minor suspensions can be used 41 as steps in progressive discipline. Major suspensions are used as steps in progressive discipline. Major suspensions are used as a more severe step in progressive discipline or where the act of misconduct does not warrant dismissal. Department Directors shall institute disciplinary suspensions only after Human Resources and City Manager approval. Reduction in Pay: The reduction of an employee's base pay through the loss of a grade or step is the action given when a disciplinary suspension has not been effective, or when the misconduct is too serious for disciplinary suspension alone. Department Directors shall institute a reduction in an employee's base pay only after Human Resources and City Manager approval. Demotion: The Department Director may demote an employee for disciplinary reasons or because the employee's abilityto perform the required duties falls below standards forthat position, provided that the employee has been given a reasonable time to improve. Upon request of the employee, and with the consent of the appointing authority, demotion may be made to a vacant position. No employee shall be demoted to a position unless they possess the minimum qualifications for such a position. Department Directors shall institute a demotion only after Human Resources and City Manager approval. Dismissal: Dismissal or involuntary separation of an employee from City employment shall be imposed onlywhen all other disciplinary measures have failed and the employee is deemed beyond rehabilitation or when an act of misconduct is deemed very serious. A career employee may be dismissed by the Department Director for just cause as outlined in these rules. Resignation: An alternative to Disciplinary Action: At times, an employee may offer to resign instead of facing disciplinary action. By doing so, the employee loses the right to appeal. A resignation must be completely voluntary. If the action taken is a written reprimand, disciplinary probation, a disciplinary suspension, a reduction in pay, a demotion, or a dismissal, documentation shall be in accordance with this policy. A copy of all such disciplinary documents shall be placed in the employee's central personnel file located in the Human Resources Department. The employee shall sign and receive a copy of such disciplinary documents. If the employee refuses to sign the statement, that fact should be noted in writing by the supervisor. Actions that are not Appealable: Denial of merit or pay increases, performance evaluations, informal discussions, oral counselings, and formal warnings. Disciplinary Action Subject to Skelly Procedure: Prior to a disciplinary suspension, a reduction in pay, a demotion, or a dismissal of a career employee for disciplinary purposes, the procedure set forth in this section shall be complied with. 42 Administrative Suspensions with Pay: Pending investigation of an accusation against an employee, the City Manager may approve the temporary suspension of an employee with pay, pending the undertaking or completion of an investigation or opportunity to respond as may be required to determine if any disciplinary action shall be taken. Skelly Procedure: A. Written Notice: The Department Director or designated authority shall give the employee a written notice of the proposed disciplinary action at least ten (10) business days prior to the effective date. The written notice shall be personally delivered to the employee or sent by certified mail to the employee's last known address. The notice should include the following information: 1. A description of the proposed action to be taken and its proposed effective date or dates; 2. The specific grounds and particular facts upon which the action is proposed to be taken; 3. The employee's right to receive a copy of the written materials alleged to suppartthe proposed action; and 4. A statement advising the employee of the right to respond, orally or in writing, and the time period in which to do so. B. Employee Review and Response: The employee shall be given an opportunityta review the documents or materials upon which the proposed disciplinary action is based. Within ten (10) business days after receipt of the written notice, the employee shall have the right to respond to the Department Director, orally or in writing, concerning the proposed action. Failure to respond within the time specified may result in the employee's waiver of their pre- disciplinary procedural rights. By mutual agreement, the specified time period may be extended. C. Department Director Decision: The Department Director ar designee shall, within ten (10) business days, provide a written decision to the employee after reviewing the employee's response, if any. The decision shall be personally delivered to the employee or sent by certified mail to the employee's last known address. The decision shall acknowledge the employee's response and shall be dated and signed by the Department Director. If disciplinary action is to betaken, the written response shall include a statement informing the employee of the right to appeal and the time period within which the appeal must be made. If mutually agreed upon, the effective date of any proposed disciplinary action may be postponed to allow the Department Director enough time to adequately review the employee's response before making a decision. D. Appeal of Department Director's Decision: An employee may appeal a Department Director's decision within ten (10} business days of receiving the decision. An appeal shall be accompanied by a copy of the written notice of disciplinary action served on the 43 employee, the Department Director's written decision, a brief statement of the facts and reasons for the appeal and a brief statement of the relief requested. If, within the ten (10) day appeal period, the employee involved does not file an appeal, unless good cause for the failure is shown, the action of the Department Director or designee shall be conclusive. If an employee withdraws the appeal, the employee waives the right to further review. Appeals filed within the ten (10} day requirement shall be handled in accordance with the following provisions: E. Minor Disciplinary Suspension, Reduction in Payand Demotion: An employee mayappeal a disciplinary suspension of five {5) days or less, or a reduction in pay of 5°~ or less annualized by submitting a written response to Human Resources within ten (10) business days after the employee has received the Department Director's decision. Such an appeal and decision of the matter is based only upon the written record. Human Resources shall render a written decision within ten (10) business days after receipt of the appeal. The City Manager may modify the disciplinary action, but in no event shall have the authority to increase the disciplinary action. The City Manager's written decision is the final and conclusive administrative review. F. Major Disciplinary Suspension, Reduction in Pay. Demotion and Dismissal: Disciplinary suspensions of greaterthan five (5) days, reductions in pay greater than 5% annualized any demotions from class to class, or a dismissal may be appealed to the City Manager. The City Manager may designate the Assistant City Manager or another person mutually agreed to by the City Manager and the Union, to serve as Hearing Officer who shall determine the hearing procedure. The hearing need not be conducted according to technical rules relating to evidence and witnesses. However, the Hearing Officer shall ensure that the matter before them can be fairly determined on reliable evidence. The Hearing Officer, shall render a written record of their findings, conclusion and decision as soon after the conclusion of the hearing as possible and in no event later than 20 business days after conducting the hearing, unless the parties otherwise agree. The Hearing Officer may modify the disciplinaryaction, but in no event shall have the authority to increase the disciplinary action. The Hearing Officer's decision on the appeal is final and conclusive administrative review. However, if an employee reports directly to the City Manager, then a hearing officer may be called in, to act as the final level of administrative review. G. Amended Notice of Disciplinary Action: At anytime an appeal is submitted for decision, the Department Director or designated authority may, with the consent of the City Manager, amend the disciplinary action or provide a supplemental notice of disciplinary action. A decision not to impose any disciplinary action should be accompanied by a directive from the Department Director to delete all references to the pending action from the employee's personnel file{s). Failure by the Department Director to make further investigations or to provide an additional written answer shall not affect the ability of the City to impose disciplinary action. 44 If the amended or supplemental notice of disciplinary action presents new causes or allegations, the employee shall be afforded a reasonable apportunityto prepare a response, but the employee shall not be required to file a further appeal. Any objections to the amended or supplemental causes or allegations may be made verbally or in writing during the appeal interview. Article 43 Alcohol and Drua Polic It is the policy of the City of Temecula to have a work environment free from the effects of drugs and alcohol. To accomplish this objective, represented employees agree to abide by the City of Temecula Alcohol and Drug Policy aver the life of this agreement. Article 44 Reduction of Workforce The City may separate any employee or class of positions without prejudice, because of financial or economic condition of the City, reduction of work, or abandonment of activities. The City shall give such employees not less than two (2) weeks advance notice of separation and the reason therefore. However, no permanent full-time employee shall be separated from a department while emergency, project, probationary, part-time, or temporary employees are employed and serving in the same positions in the department. The order of layoff shall be as follows: Order of Layoff: The order of layoff of career employees shall be made in accordance with a system, which favors retention of the more meritorious employees, based upon evaluation of the following factors in the listed order of importance: A. The three (3) most recent performance evaluation records once finalized and filed in Human Resources. The overall evaluation rating will be utilized for purposes of determining performance. If the overall evaluation rating category includes a combination rating such as Commendable/Outstanding (C/O), the rating will be combined to determine overall performance. Those employees with the lowest overall ratings will be further evaluated in Section B and C, detailed below. B. Documented disciplinary actions above the written reprimand level during the preceding 12 months C. Seniority {as defined in Article 9) in relation to the following categories: in the City in the classification in the department. In exceptional circumstances, the City may determine that it is not cost effective to replace specific employees, within a classification, who have received specialized training to perform duties or carry out responsibilities related to a specific department. Re-employment List: The name of every regular employee who is laid off, for longer than one (1) pay period due to areduction-in-force, shall be placed on the Re-employment List, in order of layoff. Vacancies to be filled within a department shall be offered, first in reverse order of layoff {last 45 employee reduced is first rehired), to individuals named an the Re-employment List who at the time of the reduction-in-force, held a position in the same job classification. The City may also offer voluntary layoff packages to employees. These packages, at the discretion of the City Manager, may provide 90 days of compensation for employees who volunteer to participate in a voluntary reduction of workforce process. Individual names may be removed from the Re-employment List for any of the following reasons: A. The expiration of 12 months from the date of placement on the list. B. Re-employment with the City in a regular full-time position. C. Request in writing to be removed from the list. Status on Re-employment: A regular employee who has been laid off or terminates in lieu of reassignment and is re-employed in a regular position within 12 months from the date of their layoff or termination shall be entitled to: A. Restoration of seniority accrued prior to layoff B. Credit for all service prior to layoff for the purpose of determining the rate of accrual of Comprehensive Annual Leave {CAL}. C. Placement in the salary range as if the employee had been on a leave of absence without pay if they are reinstated to the same job classification. In addition, the City agrees that there will be no layoffs of represented employees during the first year of this agreement. Article 45 Job Actions The Union agrees not to strike or otherwise engage in withholding services or concerted action during the term of this agreement. Also, the City agrees not to lock out the employees. Article 46 Americans with Disabilities Act {ADA) Because the Americans with Disabilities Act (ADA) requires reasonable accommodations for individuals protected under the Act, and because these reasonable accommodations must be determined on an individual case-by-case basis, the parties agree that the provisions of this agreement may be disregarded in order for the City to avoid discrimination relative to hiring, promotions, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, jab and duty classification, seniority, leave, fringe benefits, training opportunities, hours of work, or other terms and privileges of employment. The bargaining unit recognizes that the City has the legal obligation to meet with the individual employee to be reasonably accommodated before any adjustment is made in working conditions. The employee's bargaining unit will be notified of these proposed reasonable accommodations prior to implementation by the City. Any reasonable accommodation provided to an individual protected by the ADA shall not establish a 46 past practice, nor shall it be cited or used as evidence of a past practice in the Grievance/Arbitration procedure. Prior to disregarding any provision of this agreement in order to undertake required reasonable accommodations for an individual protected by the Act, the City will provide the business representative of the bargaining unit with written notice of its intentto disregard the provision, and if requested will allow the business representative of the bargaining unit the opportunity to discuss options to disregarding the agreement. Article 47 Classification Studies The City agrees to create a committee comprised of management and union representatives to study job classes. The process shall begin no later than September of each year, during the term of this agreement, with a final recommendation to be submitted to the City Manager bymid-February in order to share with the City Council and be included for consideration in the annual operating budget. Individual reclassification requests will be suspended during the term of this agreement while the classification study is conducted. The classification studies will be conducted as follows: September 2008: Engineering, Planning and Finance job classes. September 2009: Public Works and TCSD field & maintenance, Recreation and Information Systems job classes. September 2010: Administrative and remaining job classes. With mutual agreement, the City will consider reviewing requests for special circumstances. Article 48 Performing Arts/ Theater Staff Represented City employees who work at the City of Temecula Old Tawn Temecula Community Theater are provided benefits in accordance with the M.O.U. A. Employees are provided Shift Differential in accordance with Article 18 of the M.O.U. B. Employees who do not receive a meal break after the 5th hour shall be compensated at 1.5 times their hourly rate of pay until a meal break is provided, in accordance with Article 40. The City utilizes outside production companies therefore if a meal penalty occurs, employees will be compensated at time and a half by the production company, in accordance with the M.O.U. C. With regards to overtime, all employees shall be compensated in compliance with Article 13 {Overtime) of the M.O.U. D. Employees shall receive an 8 hour rest period between work periods, as outlined in Article 13.4 {Overtime). Article 49 Posting of Vacancies The City agrees to conduct a competitive process for any bargaining unit open position, including promotions, during the life of this agreement. This competitive process does not apply to the classification studies. 47 Article 50 Separability If any provision of this agreement shall be declared void or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall remain in full force and effect, except that either party to the agreement may request the other party to meet and confer in regard to amending the agreement to replace the provisions declared void or unenforceable. However, there will be no obligation on either party to agree on a replacement provision. 48 Posting of Agreement A copy of this agreement will be initially distributed to all represented employees and given to all new employees hired into the unit after date of adoption. The undersigned, representing the City and the Representatives do hereby adopt the terms and conditions set forth herein, and recommend the City Council and members of the Unit approve it. For the City: Grant M. Yates Deputy City Manager Aaron Adams Assistant City Manager Herman Parker Directar of Community Services Dan York City Engineer/Deputy Director, Public Works Denise Lanier Sr. Human Resources Analyst Beth Gutierrez Human Resources Analyst ATTEST Susan W. Jones, MMC City Clerk For the Representatives: Chester Mordasini President. Teamsters Local 911 Mary Vollmuth Employee Organization Representative Juan Jaime Employee Organization Representative Jerry Gonzalez Employee Organization Representative Maria Hilton Employee Organization Representative 49 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: William G. Hughes, Director of Public Works DATE: June 10, 2008 SUBJECT: Public Works Fiscal Year 2008-2009 Annual Maintenance Contracts PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the Annual Maintenance Contracts for Fiscal Year 2008-2009. 1. Becker Engineering $200,000.00 2. Del Rio Enterprises $ 50,000.00 3. Imperial Paving Co., Inc. $200,000.00 4. Monteleone Development $200,000.00 5. NPG Corporation $ 50,000.00 6. Pacific Striping, Inc. $100,000.00 7. Rene's Commercial Management $200,000,00 8. Road Works, Inc. $ 50,000.00 9. Strong's Painting $ 50,000.00 BACKGROUND: Each year the City enters into numerous Citywide routine street and storm drain maintenance contracts with various contractors that perform minor (small jobs) maintenance work throughout the City. These jobs usually range in cost from over $1,000.00 to under $25,000.00 and involve miscellaneous repairs to roadways, drainage areas, sidewalks, curbs, gutters, storm drains, including excavation and emergency call-out. Nevertheless, each requires a contract between the City and contractor. In an effort to streamline these contractual requirements, staff has taken measures to place under contract nine (9) contractors that are very capable of performing routine jobs and emergency repairs with little notice. FISCAL IMPACT: Adequate funds are currently programmed in the Fiscal Year 2008- 2009Operating Budget for the Public Works Department, Maintenance Division Operating Budget for; Drainage Facilities Maintenance; Routine Street Maintenance; Old Town Repair & Maintenance; and other Outside Services. ATTACHMENTS: Contracts CONTRACT FOR MINOR MAINTENANCE SERVICES BETWEEN THE CITY OF TEMECULA AND BECKER ENGINEERING FOR FUTURE REPAIR, IMPROVEMENT AND MAINTENANCE UPON REAL AND PERSONAL PROPERTY OF THE CITY OF TEMECULA THIS MAINTENANCE CONTRACT, made and entered into as of June 10, 2008, by and between the City of Temecula ("City"}, a municipal corporation, and Becker Engineering { "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Contract. The City may, upon mutual agreement, extend the contract for three (3} years additional term(s). In no event shall the contract be extended beyond three (3) years. 2. SCOPE OF WORK. Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"} and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A 3. PAYMENT. a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) for the total term of the Contract, unless additional payment is approved as provided in this Contract. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Contract which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 4. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons 1 engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Contract. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Contract with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages, and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http:l/www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 $50.00 far 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. 8. SUSPENSION OR TERMINATION OF CONTRACT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Contract, or any portion hereof, by serving upon the Contractor, at least ten (10) days prior, written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Contract, unless the notice provides otherwise. If the City suspends or terminates a portion of this Contract, such suspension or termination shall not make void or invalidate the remainder of this Contract. b. In the event this Contract is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Contract pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section 3 above. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Contract shall constitute a default. In the event that Contractor is in default for cause under the terms of this Contract, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Contract immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. 2 b. If the City Manager, or his delegate, determines that the Contractor is in default in the performance of any of the terms or conditions of this Contract, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Contract, to terminate this Contract without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Contract. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, andlor District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, Agency, andlor District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, andlor District. 11. INSURANCE REQUIRMENTS. Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, ar 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 ar 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3) Workers' Compensation Insurance as required by the State of California, and Employer's Liability Insurance. If the Contractor has no employees while performing under this Contractor, Workers' Compensation Insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3 3) Workers Compensation: as required by the State of California Employers Liability: One million ($1,000,000) per accident for bodily injury or disease. 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 or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor 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, ar be endorsed to contain, the following provisions: 1) The City, 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 Contractor; products and completed operations of the Contractor; premises awned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this Contract shall be endorsed to state: Should the policy be canceled before the expiration date, the issuing insurer will endeavor to mail thirty {30} days prior written notice to the City. 6) If insurance coverage is canceled ar reduced in coverage ar in limits, the Contractor shall within two (2) business days of notice from insurer phone, fax, andlor 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. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Contract, hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Contract on behalf of Contractor, shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Contract. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Contract. Except for the fees paid to Contractor as provided in the Contract, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor far injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Contract. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis far any claims whatsoever for extra compensation ar for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been 5 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. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Contract, the proceeds thereof, the Contractor, ar 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 Contract. 18. 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. 19. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION. [Select] 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. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Contract must be in writing and may be given either by (i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. TO Clty: Ma!!!nn Address: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager -or- Fhyslca! Address: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Becker Engineering P.O. Box 890365 Temecula, California 92589-0365 {951) 712-2341 Attention: Walter K. Becker 23. ASSIGNMENT. The Contractor shall not assign the performance of this Contract nor any part thereof, nor any monies due hereunder, without prior written consent of the City Upon termination of this Contract, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination ar as may be otherwise agreed to in writing between the City and the Contractor. 24. LICENSES. At all times during the term of this Contract, Contractor shall have in full force and effect, all licenses required of it by law far the performance of the services described in this Contract. 25. 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 such litigation is filed by one party against the other to enforce its rights under this Contract, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE CONTRACT. This Contract contains the entire understanding between the parties relating to the obligations of the parties described in this Contract. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Contract and shall be of no further force or effect. Each party is entering into this Contract based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS CONTRACT. The person or persons executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR BY: (Signature) NAME: (Printed Named) TITLE: BY: (Signature) NAME: (Printed Named) Name of Contact Person at C Mailing Address of Company: Telephone No. of Company:_ Facsimile No. of Company:_ 8 EXHIBIT A SCOPE 4F W4RK The specific elements (scope of work) of this service include: EXHIBIT B PAYMENT RATES AND SCHEDULE 10 ENGINEERING RECENEQ MAY 0 G 2008 clrT op TEttECUu ENGINEEflN70 DEPARTMENT py-)i-08A08:20 RCV P:O. Box 890365 CA License # 683396-A Temecula. Ca 92589 General Engineering • Construction Proposal & Contro,et Owner /Contractor _ Cn'Y~OF TEMECUI:A PUBLIC WORKS Phone: 951-694-b411 Date: MAY 5, 2008 -.__. ___ .. .. _.. ... _.. _ _. Name: BRAD BURON begat Job Location: Street: 43200 BUSINESS PARK DR.. Street: VARIOUS LOCATIONS City: TEMECULA State: CALIFORNIA City: TEMECULA State: CALIFORNIA we propose m rurmsn an egmpment ana penorm au hlbor necessary m complete the touowmg: SEE PAGE 2 This contmctdoes net include any damage or repairs to underground facilities not visible from the surface or otherwise designated by owner / contractor and stated in this agreement. Any exha work or delays will result in contract reverting to Time 8: Material. All of the above work to be completed in a substantial and workmarl;ke manner according to standard practices for the sum of DOLLARS Terms of Payment STANDARD CITY PROCEDURES Any alteration or deviation from the above specifications involvitlg extra cost of materials or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in this contract All agreements must be made in writing. I It isfurther understood and agreed that Workmen's Compensation and Public Liability Insurance will be provided, however, coverage applies onty to work actually performed by Becker Engineering in accordance with terms and conditions of this contract. Certificates of Insurance will be furnished upon request - THIS PROPOSAL IS VALID R 30 DAYS FROM THE ABOVE DATE. Authorized Signature: v--_.-.. ~~ ACCEPTARCE OF PROPOSAL In the ev®t Mcustoma failure to Pay malract Price. customer ogees in pay in addition to said contract Price. reasonable httomey's fees, and interest for callectimv You are hereby authorized to furvish all equipment and Lilmr to complete the work mentioned in the above proposal -for wltich.. - - ~geetn Pay-the emoonY meatiovttlin-se;dproposal and aceording to the termsthereoL COMPANY: Authorized Signature: Date Accepted: Under the Mechavic's Lien Law (California Code of (.Soil Procedure, Section 1151 et seq.) aoy oontracror, sub-contactor, laborer, supplier, or other person who helps Tn improve }oar property but is not paid for his work or supplies, has the right to enforce a claim againatyaur property..'lhismeans that, a{rer a rnurthearimg, }roar Property could be sold by a court officer and the proceeds oTfhe sale used to satisfy the indebtedness. This rea happen even ifyou have paid your own contractor in Cull, ff the sub-contractor, laborer or supplier remains uvpaid. H+COHTACTACCEPTABLE,PLEABE SIGA AHD HETORHTO HECHER (bHSTRIICTIOH SERVICES ENGINEERING P.O. Box 890365 CA License # 683396-A Temecula. Ca 92589 General Engineering • Construction Proposal & Contract Page 2 LABOR RATES S.T.. O.T. SUPERINTENDENT WITH 1 TON TRUCK $ 76.25 $114.85 FOREMAN WIT'fI t TON TRUCK $ 71.50 $ 104.00 GENERAL LABORER $ 59.25 $ 84.75 NOTE: TAESE LABOR RATES REFLECT LATEST RAISES IN P.W. SCALE. BARE EQUIPMENT 140 EXCAVATOR $ 97.15 PER HOUR 545 EXCAVATOR $ 82.84 PER HOUR 331.BOBCAT EXCAVATOR $ 72.30 PER HOUR 450 DOZER $ .72.30 PER HOUR SKIl'LOADER $ 54.30 PER HOUR 310 BACKHOE $ 72.30 PER HOUR 763 BOBCAT $ 57.60 PER HOUR 763 BOBCAT W! BREAKER $ 90.00 PER HOUR 5-250 BOBCAT $ 72.30 PER HOUR 5-250 BOBCAT W/ BREAKER $101.05 PER HOUR BOBTAIL DUMP $ 72.30 PER HOUR 1 TO 3 TON ROLLER $ 37.80 PER HOUR 3 TO 5 TON ROLLER $ 54.30 PER HOUR VIBRATORY PLATE $ 30.80 PER HOUR WACKER TAMP $ 30.80 PER HOUR WATER TRUCK $ 77.35 PER HOUR D~ DOZER $173.00 PER HOUR D-5 DOZER $185.85 PER HOUR D-6 DOZER $227.00 PER HOUR D-8 DOZER $261.50 PER HOUR 12 G BLADE $272.50 PER HOUR 14 G BLADE $31 L50 PER HOUR SWEEPER ATTACHMENT $ 37.80 PER HOUR AREA MOVE INS $120.00 rR/SEINPRICING DUETO2~% PRICERVCREASElNDlESEL Ff/EL FROMl.ASTCON!'RACT. ALL MATERIALS AND RATES AT A.P.W. STANDARDS BOOK RATES Onder the Mechanic's Lien Iaw (Caldotnia Code of (Sad i'rocMvre, 3ectian 1181 et seq.) auY cwn~acim~, suh<outmetor, laborer, supplier, w other persar<who helps m improve yourpioperiy but is not paid for his work w supplies, bas the right to enforce a claim against your property. this means dat. attEr a court hewing, your property could tie sold by a court offiar and the proceeds of the sale used to satisfy fhe indebtedness. 7tis can haQpen evm ifyou have paid your own contactor to full, if the snbcontracror, laborer or supplierremeivs unpaid IF COFTACT ACCEPTABLE, PLE96E BIGPAFD RSTIIRB TO BECB&R COHBTRIICTIOB SERVICES from: JaMray Booo AI- Marc Maddodra 6 ~saoda4a FuAD'. To' Julia Davx Dale Y2KN0+ 01:1[ PM Paps' 2 of ~ CERTIFICATE OF LIABILITY IN8URANCE °""""°°""' g~QBQ . mss. tdddo[t. ~ u.ooitut ow~ru~ocoMratMOaoxrturoM oa7rAOan 91t2s9 ' ~ 1e ~°"~°~ NOri ~~ o ~ ~ i2io et ei:: oi x i u w, 7x ro ovauoa. . s v i i Grlebad G .lOOt ~poae:7t0-~04-0102 hx:760-t04-0942 MIWMa1M1090M000VttUWt aNCt waw[w Mavi atwe aataxaow Co aela[as: lMsa =ataxaow 27661 ~~QQ 0Y0 kq plaaalt: ~Si ~ ~p x t9-0166 tl1a . [ma[[a+ CONaRIIdEt elia:eudF WmNIKLeIWiaoxaWle ![NaaeomneimaEOw+eoaedYt-O[TllalCYIIWODMY'A~W.IgM~I1NIrMDNp le1Y~6,ENT. WIOIICOIn1t10e0FN:YO7 NIWC1 p101Ka00lUaM:1YIOIIGiPfCTmYMg10Y0tOFgAit WY EalalEDOa WYf9IGYlM e[ImY1CL NFpaLD9Y11lP QICf80[IG1aLDl[[llNa W0.lttmMl [[1MO.D7a1nIpW NOOp101IaW OF[UCN ~ougee.realEONE ueTi a+oea Wrnrye [c a aawcwervNSnrra. ~[~ FalldYMaeM oaaewuamm. uaooawleipe 11000000 A X ae~aEaaucExEpawaElrv aEl7EOgIL 0! @OLICY 01/26/00 01/26/09 [ sumo, 160000 ,,,~,,~,,,,E ~~,,, aeowvw.+ww isooo bt'OtC~00073101 ~ re:aoaa+fWEMaY iatooooo p~a..aaEOaE i2oooo00 OBIL MOIEW1Ela/fM4lEtT6t iaasu:u•aowAP+se iaootooo PawY ~£r :oc s x Nn:uro Acsso2ttst ss/2s/o7 a/ss/ot x ruowrwru:os tc~u®artos ~~war i HtmwVros MN WrtEOIUTOS ~Y p ' 6wME ' i xxda~U i OAIMOEUIeE11Y Nf00N.Y•EAIOCnEef i µrwro fAIOG ° ~ i Krt oai~ goo i E[cEeT+aePE<u lMBam ~ i otc+1+ ~QNMS rvnE fGdiEOAIE i i OEOUCfIBIE i REIOlfION i i YYO[N9e COMR7M7pNNA T m11C0Y[Ra`LM[M1r1Y E.~FHNKCnF10 i im FaoFaaYawP~mmNEwFxFC~rrvE oFFI[ERTEMeEnExawEm E.L.OIEFIEE•EAEMKnYEE i ~~~ ~6~, EA. DI6FApE•POIICYLMT i OTHER Csrtitiaate holder it gamed additional iatnred per aE!-Et 048 6/2004 ac ssspeota general 11abi1ity. +10 day notice of eanaellation !or nonpayment of premium. Tax. e61-894-4476. 'I City of Taaeoula Attn: Julie Daver 49200 enaineaa.Park Drive Temeeuia G 82699 TBI~CUL I .~ ~.r.R .R.e,..-.,w.M~.,....,.F. _. _...~_ __ _._ .._ _._.. _._.. o+tEnmaEOgTNEapusiclNeuaeaYmEaaEevertan:w. +90 o~"vmmE++ NoTICEm71e cenT[Mwre NdtdHtwlaDmrM:L&Y,/tll'!!ltlleTYeeaeeMM. Fran: JOmW 9om Af Merrc MaOdodu: a AscodcLC fexlD'. 70: Junta Dcvar ~ - Ode: 1242DOB 0738 PM Pcpe~ 7 or 3 BLANKET ADDITIONAL INSU.RED8- OWN ERB, LE88EE8 OR CONTRACTORS Thu endorNntenl modlAea Inauretap providetl under the lolbwing; CIDINAEI~IAL r3EIJERN.11A8111TY CG~ERftGE PARE lONEDULE NerrM d Parson or OtbattkNbn: My ppesrrosoant or wpsnizMbn tltel the nwnad inwred N obligated by tArwe M e wrll6aen t»nireot or epreentertl to prwtdalnwnnca such as b eflotded by Yds.' (w apPelfry ep~ ~~ ~6~m~lon requlrod to dompWte this endorsement xAa be shown in Ins Decrartnwne A Beegotr 11-tNho le M Irareed 4 enlertded to include ale en heeured the person or trrpstklakm grotm h the t3cheduN, but ony b the ertHM tluk the person a agttnketlon shown h the ttchedule N held Ybk for you acts or tkttlttbm ItrleNg twl of your engokrg operekona perfdmted far that Inwrod. . A. yNlh respect to the kuurence afladed to Iheee addYlond kuureds, the foAowing exclusion b added: 2 Eadusione This Maurenoe does nol apply t0 Vodliy Maury" or'property dernega occurrihp after: (1) NI work, Ndudklg rtrateriais. parts or equpment fumkhed in aohntedbn wkh woh work. on the protect (othtxthen aertAce, makderttlrtoe or repairs) b 6e perfomred by or on behalf of the additiond hwred(s) d the eke of the covered operatons has Dwn ~; err (2) Thal portlon of your work" out of whk:h the injury or damage arises has bean pal to As intended use by any person or orpenizabon other than another contractor or subcontractor engaged In perlorn~rlg oparatons for a prindpal ass part of the same praecL C. The worts you" end your" refer to lha Named Insured shown in the Declarations. b. "Your work" means work or operations performed by you or on your behel(; and materials, parts or equipment famished in conneotion with such work or aperaliona. Prlmarv tNordind If required by wrkten conlracl err egteerrlerlL' Such Insurance ds Is afforded by this polioy ahdl be prinrery kteurenoe, and any insurance err aelFktwrance meYtlalned Dy the above addtionel lntnaed(c) shell be access of the insurance afforded ib the tleened Insured and shell not contribute to Y. IN~Y~ of Submoalbn . If required by wdlteit contract or egrtrerrterrt: 5Ne waive •luty right of rtscoyttry rrra may have against en entity Ytal fs an additional insured per the lerma otthis endorsement beoeuee of . • paytrrents w;3 make tor.Injury or drenRgtr arising oaf of'your work" drmesunder a contraDt with that person of organkedon. ANF-ES U43 (6I200t3y Fcomuvr CoVr From: ,Nprey Born AI' derte Maedeokc B A{cod+tac faxiD'. To'. Ju4e D+var Dele: t2e2DOB 0/'72 AM Pepe 2 ot2 CERTHOLOER COPY ~1'ATE P.O. BOX 420807, SAN FRANCI8CO,GA 94142-0807 !^NfAiION ~'eVw~~ CERTIFICATE OF WORKERS' COMPENSATION IN8UR11NC£ IfSUE DATE: 11.01-4007 ~~' OOOOM FOI,ICY NUMBER: 00lBOSB•ta CERTIFICATE ID:' 6 CERTIFICATE EXPNES: 11-OtR001 11-01-!007/11-01•lOOS tsETr w TaEtouLA to E~ cKi:sio~ ~ SK fK JAN 2 4 2008 Glif Iorni~Mwr~Ie~ Commilon+r todOvVelemWoYakeivrmd Wlow+fa the Pot Period IMtdludd. proved by the 7Ne policy k not eubleet to earx;eRatlan W the f+nd sxcepl upon f0 tYYe edvenee written notloe to M employer. We wRl Mw /fve Ya 10 deYS edvelee notke ehoWd Ihl+ p0110Y be cneelled prior b Re normal expkrtlon 7He ur0liub of Inaurxwe i+ not n Inwranw policy end does not emend. extend or alter the coverapa atfordetl by the pofiey listed, herein. Nolwilheundinp e,y rsquiremenL term or condldon of .nY contact or other document With rsspeot W wMch dAC esrtiticrte of msuranee may be loved or to which it meY Peden, the Insurance afforded by die PolieY deetxlbed herein ie~+ubket to +111/h~e~y~t'e'r~~m•~`~~~'exclusiorre, and conditfans, of ouch policy. (J lxtIZLTJ REPRE5ENTATI PRESIDENT UNLESS INDICTED OTHERNISE BY ENDORSEIENT, COVEMOE UNDER THIS POLICY EXCLUDES THE FOLLOMIND: E1~lL,pYESECOYEREDEON AICOMPREHENSIVE PERSONALILIABILITY INSIIRYMICE POLICYSALSO ~FORDINOEMPLOYER; CANpEONSATION IAN~S~ COMPENSATION BENEFITS; EMPLOYEES E%CLUDED UNDER CALIFORNIA MORKERS' EMPLOYERrS LIABILITY LIMIT INCLUDING DEFENSE COSTS: (1,000,000 PER OCCURRENCE. HdPLOYEfl NALTER K, BECICER Po eox eaoaas .TEMEpILA CA 84688 IREV.$•DEII SK ~815,8OJ PRINTED Ot-24-20DB CONTRACT FOR MINOR MAINTENANCE SERVICES BETWEEN THE CITY OF TEMECULA AND DEL RIO ENTERPRISES FOR FUTURE REPAIR, IMPROVEMENT AND MAINTENANCE UPON REAL AND PERSONAL PROPERTY OF THE CITY OF TEMECULA THIS MAINTENANCE CONTRACT, made and entered into as of June 10, 2008, by and between the City of Temecula ("City"), a municipal corporation, and Del Rio Enterprises { "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Contract. The City may, upon mutual agreement, extend the contract for three (3} years additional term(s). In no event shall the contract be extended beyond three (3) years. 2. SCOPE OF WORK. Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"} and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A 3. PAYMENT. a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for the total term of the Contract, unless additional payment is approved as provided in this Contract. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Contract which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 4. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons 1 engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Contract. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Contract with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages, and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http:l/www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 $50.00 far 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. 8. SUSPENSION OR TERMINATION OF CONTRACT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Contract, or any portion hereof, by serving upon the Contractor, at least ten (10) days prior, written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Contract, unless the notice provides otherwise. If the City suspends or terminates a portion of this Contract, such suspension or termination shall not make void or invalidate the remainder of this Contract. b. In the event this Contract is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Contract pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section 3 above. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Contract shall constitute a default. In the event that Contractor is in default for cause under the terms of this Contract, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Contract immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. 2 b. If the City Manager, or his delegate, determines that the Contractor is in default in the performance of any of the terms or conditions of this Contract, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Contract, to terminate this Contract without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Contract. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, andlor District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, Agency, andlor District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, andlor District. 11. INSURANCE REQUIRMENTS. Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, ar 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 ar 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3) Workers' Compensation Insurance as required by the State of California, and Employer's Liability Insurance. If the Contractor has no employees while performing under this Contractor, Workers' Compensation Insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3 3) Workers Compensation: as required by the State of California Employers Liability: One million ($1,000,000) per accident for bodily injury or disease. 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 or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor 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, ar be endorsed to contain, the following provisions: 1) The City, 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 Contractor; products and completed operations of the Contractor; premises awned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this Contract shall be endorsed to state: Should the policy be canceled before the expiration date, the issuing insurer will endeavor to mail thirty {30} days prior written notice to the City. 6) If insurance coverage is canceled ar reduced in coverage ar in limits, the Contractor shall within two (2) business days of notice from insurer phone, fax, andlor 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. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Contract, hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Contract on behalf of Contractor, shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Contract. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Contract. Except for the fees paid to Contractor as provided in the Contract, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor far injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Contract. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis far any claims whatsoever for extra compensation ar for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been 5 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. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Contract, the proceeds thereof, the Contractor, ar 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 Contract. 18. 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. 19. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION. [Select] 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. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Contract must be in writing and may be given either by (i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. TO Clty: Ma!!!nn Address: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager -or- Fhyslca! Address: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Del Rio Enterprise 42181 Avenida Alvarado Temecula, California 92590 {951) 676-4550 Attention: Mike Mullins. Owner 23. ASSIGNMENT. The Contractor shall not assign the performance of this Contract nor any part thereof, nor any monies due hereunder, without prior written consent of the City Upon termination of this Contract, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination ar as may be otherwise agreed to in writing between the City and the Contractor. 24. LICENSES. At all times during the term of this Contract, Contractor shall have in full force and effect, all licenses required of it by law far the performance of the services described in this Contract. 25. 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 such litigation is filed by one party against the other to enforce its rights under this Contract, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE CONTRACT. This Contract contains the entire understanding between the parties relating to the obligations of the parties described in this Contract. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Contract and shall be of no further force or effect. Each party is entering into this Contract based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS CONTRACT. The person or persons executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR BY: (Signature) NAME: (Printed Named) TITLE: BY: (Signature) NAME: (Printed Named) Name of Contact Person at C Mailing Address of Company: Telephone No. of Company:_ Facsimile No. of Company:_ 8 EXHIBIT A SCOPE 4F W4RK The specific elements (scope of work) of this service include: EXHIBIT B PAYMENT RATES AND SCHEDULE 10 (SAY 0 7 2008 Apri128, 2008 City of Temecula Public Works Department 43200 Business Park Drive Temecula, CA 92590 Re: Updated Time & Material Sheet Mr. Brad Buron, Thank you for giving us the opportunity to be a part of your team. I have enclosed the following: cm of rEMECUW 1. Updated Time & Equipment Price List 2. Certificate of Insurances: A. Workers Compensation Insurance B. General Liability Insurance (renews this month, will send new one as soon as we get it) C. Auto Liability Insurance 3. Scope of work List 4. Corrugated Metal Pipe Price List When we execute an agreement we will provide all proof of State Department of Industrial Relations Prevailing Wage and Certified Payroll Documentation. If you should have any addifional information or any further questions please contact me at (951) 676-4550. Sincerely Mil ullins Owner TIME & EQUIPMENT RATES As of January 29, 2008 Title Hourly Overtime Double time Nig ht Time Operator 55.00 82.50 110.00 135.00 Labor 55.00 82.50 110.00 135.00 Foreman 61.00 91.50 122.00 147.00 J.D. Skip loader 4X4 w/ Gannon 110.00 165.00 220.00 245.00 J.D. Skip loader w/spreader bar 115.00 172.50 230.00 255.00 Cat 426 Backhoe 110.00 165.00 220.00 245.00 18" compactor wheel 25.00 37.50 50.00 75.00 140G Blade 135.00 202.50 270.00 295.00 Laser per day 140.00 210.00 280.00 305.00 Field Laser per day 55.00 82.50 110.00 135.00 Cat 246 Skid Steer w/bucket 103.00 154.50 206.00 231.00 Cat 246 Skid Steer w/breaker 108.00 162.00 216.00 241.00 Cat 246 Skid Steer w/ sweeper 108.00 162.00 216.00 241.00 966 Loader w/ smooth bucket 115.00 172.50 230.00 255.00 980 Loader w/ teeth 135.00 202.50 270.00 295.00 Rock Bucket 15.00 22.50 30.00 '55.00 Smooth edge attachment for 980 15.00 22.50 30.00 55.00 Cat 613 Scraper 125.00 187.50 250.00 275.00 Low Bed 103.00 154.50 206.00 231.00 10 Wheel dump truck 10 CY 85.00 127.50 170.00 195.00 Bobtail dump truck 6 CY 75.00 112.50 150.00 175.00 2,500 gal. Water Truck 75.00 112.50 150.00 175.00 4,000 gal. Water Truck 85.00 127.50 170.00 195.00 Wacker daily 65.00 97.50 130.00 155.00 Vibraplate daily 65.00 97.50 130.00 155.00 Demo saw daily 80.00 120.00 160.00 185.00 Saw & Truck 135.00 202.50 270.00 295.00 3/5 Ton Roller 105.00 157.50 210.00 235.00 8/10 Ton Roller 115.00 172.50 230.00 255.00 Ford LN 7,000 20' flatbed 75.00 112.50 150.00 175.00 Tool Truck 85.00 127.50 170.00 195.00 Form Truck 155.00 232.50 310.00 335.00 Water Meter 50.00 75.00 100.00 125.00 Water Cost 2,500 gal. 13.00 19.50 26.00 51.00 Water Cost 4,000 gal. 20.00 30.00 40.00 65.00 Dump Trailer 35.00 52.50 70.00 95.00 2050 Mustang Skid Steer 105.00 157.50 210.00 235.00 U35 Zero Tail Kubota Excavator 115.00 172.50 230.00 255.00 All time & materials are to be billed at invoice price plus 20% overhead and profit. Scope of Work Rough Grading Fine Grading Excavation Demolition Saw-cut Import & Export Erosion Control Rip-Rap Flood Repair Flood Control Corrugated Metal Pipe Installation Underground Storm Drain Corrugated Metal Pipe Retailer Asphalt Paving Concrete Paving Curb & Gutter Ribbon Gutter Spandrel & Cross Gutter Drive Approach V-Ditch Grinding & Overlay Medians Sidewalk AC Berm Remove & Repair Concrete Corrugated Metal Pipe Price List As of Apri12007 Size Metric 16 Gage 14 Gage 12 Gage Bands Galt'. A.C Galt'. A.C. Galt'. A.C. Galt'. A.C. 12" 300mm 11.24 16.29 14.26 20.66 19.70 26.89 23.27 27.91 15" 375mm 14.18 20.54 17.45 25.32 24.63 33.63 25.56 30.68 18" 450mm 16.59 24.06 20.98 28.97 28.70 37.32 28.04 33.64 21" 19.31 28.00 24.19 33.41 29.66 24" 600mm 22.36 32.41 27.71 37.27 38.62 50.21 32.48 38.97 30" 750mm 27.80 40.32 34.43 47.55 49.74 64.66 37.69 44.88 36" 900mm 32.78 47.52 44.76 61.82 53.64 69.74 42.34 50.81 42" 1O50mm 37.73 54.74 50.43 69.65 67.10 87.22 47.46 56.95 48" 1200mm 44.38 64.35 56.47 77.97 76.45 99.38 52.41 62.87 All items in bold are stock items, all other items are special order items (lead time may take up to 10 business days). ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID BMH DATE (MM/DD/VVYV) DELRI-1 01/09/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Cornerstone Surety & Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 43391 Business Park Dr Ste C-6 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Temecula CA 92590 Phone: 951-296-6800 Fax:951-296-6808 INSURERS AFFORDING COVERAGE NAIC# INSUflED INSURER A: ~8~0Bt iC IAanlanCe Company INSURER B: Naviyatore Specialty xaeazenee ' Del Rio Enterprise INSURER C: AmerlCan $tat08/SafeCO 24740 42181 Avenida Alvarado INSURER D: H8rtfOrd InsnraaCe Company Temecula CA 92590 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACTOR OTHER DOCUMENT WITH RESPECT TO W HICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBEfl POLICY EFFE T DATE MMIDD CY E%PIRATI N GATE MIWD LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 B X COMMERCIAL GENERAL LIABILITY OC07CGL00811800 04/29/07 04/29/08 PREMISES (Ea ocwrence) $ 100000 CLAIMS MADE ~ OCCUR MEO EXP (Any ane person) $ 5000 PERSONALSAOV INJURY $1000000 GENERAL AGGREGATE $ IOOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: - PRODUCTS-COMP/OP AGG $2000000 POLICY X JECT LOC AIR OMOBILE LIABILT' COMBINED SINGLE LIMIT $ 1000000 C X ANVAUro 02CE17423510 07/16/07 07/16/08 (Eaaccitlenq ALL OW NED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per acdtlent) PROPERTY DAMAGE $ (Per acdtlenq GAflAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AU70 OTHER THAN EA ACC $ AUTO ONLY: qGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WOflKERS COMPENSATION AND X TORY LIMITS ER A EMPLOYERS'LUIBILITY TNER/EXECUTIVE O / 020070367202 O1/O1/OS O1/O1/O9 E.L. EACH ACCIDENT $1000000 ANY PROPRIET R PAR OFFICER/MEMBER EXCLUDED? E. L. DISEASE-EA EMPLOYEE $ SOOO OOO If yes, describe untler SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ 1000000 OTHER D Sched Equip 57UUM10223 07/12/07 07/12/08 Ded $1000 $881,557 D Rent/leased Equip 57IIUM10223 07/12/07 07/12/08 Ded $1000 $300,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Certificate holder is named as additional insured *Except eon pay then 10 days CFOTIFICATF NTII f1FG CANCF_LlATION CITYTEl SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSUBER WILL ENDEAVOR TO MAIL *30 DAYS WNffTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUi FAILURE TO DO BO SHALL City Of TemeCUl8 IMPOSE NO OBLIGATION OR LU181LITY OF ANY KIND UPON THE INSURER, RS AGENTS OR PO BOX 9033 REPRESENTATN Temecula CA 92589 AUI'HORRED E ESENT E 1 ACORD 25 (2001/08 " CO ACOHD CORPORATION 7988 -----....... -- z n 8572985608 CORNERSTONE SURET CORNERSTONE SURETY 95729886D8 01:25:07 p.m. 06062007 iNISF.i1DORITCItANf~STHEPOI~;R{RA9bi~J1DRCANEflILLY. FYAMV!T ~61 7A1~ llmadll66 eepR~ed widalrye9; ,,, ~ALGENFF~I, WIBYJT'Y'°coyERptie noprtiowu.oieutaeo. ~r~ l~ ~ c~Oau101i ~s :Pl~6fpo~grO~q ~~ ~u4'.ea!ennarutl9an~fonll~te~er:kWuied:isabiq~a~alyv4h~e6tA 61`dm1@fi111911t14 ~1dRNOWefltbtedRp~J6+~eA.byff~Ig er . PM9t3ej{YB appli:m ~' ~ ~ i» l~sut@d:' by die poi &. ,. '~`-. 9i 9ia ~Odi~ ptoNdgtl. kY:tliia fi6N~tinee po~F.jr ~ eis' 8 0€ ~08fi~1; . fni9Uretld~aeY'e[~~ire6ee~pf9ras~enep6p.~iesnfiny:addp-on~ 4. Tli~sdndms~edtid666~q.1fppfY46.atyWak~TV6M0ip61'lelelepl'kiP~bDhle~kled ~va~iwtl ~IdSn~-~.~ryypdpocw~,gq~aeeY.(~iei`frkieparp~nyB~ '9in-nrdsiycy%~ "Ywd'-~mAie'tJ~ ~Ad.~drlsni'A ne talons. ~~a" Wdrli aahs Pe~4iirya ayyo~aPoRyag.4 ap malmtala.), ~a 6~4iirwlbil~'Naslc aF~indidia. ;~~o~~ CONTRACT FOR MINOR MAINTENANCE SERVICES BETWEEN THE CITY OF TEMECULA AND IMPERIAL PAVING COMPANY FOR FUTURE REPAIR, IMPROVEMENT AND MAINTENANCE UPON REAL AND PERSONAL PROPERTY OF THE CITY OF TEMECULA THIS MAINTENANCE CONTRACT, made and entered into as of June 10, 2008, by and between the City of Temecula ("City"), a municipal corporation, and Imperial Paving Company {"Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Contract. The City may, upon mutual agreement, extend the contract for three (3) years additional term(s). In no event shall the contract be extended beyond three (3) years. 2. SCOPE OF WORK. Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A 3. PAYMENT. a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent an the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) for the total term of the Contract, unless additional payment is approved as provided in this Contract. b. Contractor shall not be compensated far any services rendered in connection with its performance of this Contract which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 4. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor 1 shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Contract. v. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Contract with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages, and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor 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, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, ar 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. 8. SUSPENSION OR TERMINATION OF CONTRACT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Contract, or any portion hereof, by serving upon the Contractor, at least ten (10) days prior, written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Contract, unless the notice provides otherwise. If the City suspends or terminates a portion of this Contract, such suspension or termination shall not make void ar invalidate the remainder of this Contract. b. In the event this Contract is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Contract pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section 3 above. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Contract shall constitute a default. In the event that Contractor is in default for cause under the terms of this Contract, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Contract immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. 2 b. If the City Manager, or his delegate, determines that the Contractor is in default in the performance of any of the terms or conditions of this Contract, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Contract, to terminate this Contract without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Contract. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, andlor District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, Agency, andlor District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, andlor District. 11. INSURANCE REQUIRMENTS. Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, ar 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 ar 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3) Workers' Compensation Insurance as required by the State of California, and Employer's Liability Insurance. If the Contractor has no employees while performing under this Contractor, Workers' Compensation Insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3 3) Workers Compensation: as required by the State of California Employers Liability: One million ($1,000,000) per accident for bodily injury or disease. 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 or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor 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, ar be endorsed to contain, the following provisions: 1) The City, 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 Contractor; products and completed operations of the Contractor; premises awned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this Contract shall be endorsed to state: Should the policy be canceled before the expiration date, the issuing insurer will endeavor to mail thirty {30} days prior written notice to the City. 6) If insurance coverage is canceled ar reduced in coverage ar in limits, the Contractor shall within two (2) business days of notice from insurer phone, fax, andlor 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. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Contract, hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Contract on behalf of Contractor, shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Contract. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Contract. Except for the fees paid to Contractor as provided in the Contract, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor far injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Contract. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis far any claims whatsoever for extra compensation ar for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been 5 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. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Contract, the proceeds thereof, the Contractor, ar 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 Contract. 18. 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. 19. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION. [Select] 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. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Contract must be in writing and may be given either by (i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. TO Clty: Ma!!!nn Address: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager -or- Fhyslca! Address: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Imperial Paving Company 13555 E. Imperial Highway Whittier, California 90605 {951) 523-0975 Attention: Fritz Coy, SecretarylTreasurer 23. ASSIGNMENT. The Contractor shall not assign the performance of this Contract nor any part thereof, nor any monies due hereunder, without prior written consent of the City Upon termination of this Contract, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination ar as may be otherwise agreed to in writing between the City and the Contractor. 24. LICENSES. At all times during the term of this Contract, Contractor shall have in full force and effect, all licenses required of it by law far the performance of the services described in this Contract. 25. 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 such litigation is filed by one party against the other to enforce its rights under this Contract, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE CONTRACT. This Contract contains the entire understanding between the parties relating to the obligations of the parties described in this Contract. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Contract and shall be of no further force or effect. Each party is entering into this Contract based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS CONTRACT. The person or persons executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR BY: (Signature) NAME: (Printed Named) TITLE: BY: (Signature) NAME: (Printed Named) Name of Contact Person at C Mailing Address of Company: Telephone No. of Company:_ Facsimile No. of Company:_ 8 EXHIBIT A SCOPE 4F W4RK The specific elements (scope of work) of this service include: EXHIBIT B PAYMENT RATES AND SCHEDULE 10 ASR ~ 4 70~~ :;i7Y G- ~ ~ioG=L;G± A PUBLIC WO(~i<S C~I~AHI'MEN'Y April 21, 2008 City of Temecula Public Works Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Brad Buron Re: Time & Material Price Sheet Dear Mr. Buron: Thank you for your interest and request for Imperial Paving Company's °Time & Material Price Sheet". I have submitted our current Time & Material Price Sheet along with our proof of insurance for Auto Liability, Commercial General Liability (1,000,000 per Occurrence) naming the City of Temecula as additionally insured, and a Certificate of Worker's Compensation Insurance. If I can be of further assistance, or if you need additional information, please contact me at my office. Respectfully submitted, "-~7 r Fritz Coy Vice President -Sales Imperial Paving Company, Inc. (562) 944-0975 (714) 523-4492 • (800) 634-3923 Fax (562) 944-0984 10715 Bloomfield Avenue, Santa Fe Springs, CA 90670 LABOR BREAKDOWN Alt Labor $ 55.00 Per Hour Overtime I Yz Time (After 8hrs/Saturdays) $ 82.50 Per Hour Double Time 2 Time (Sunday/Holidays) $ 110.00 Per Hour EQUIPMENT BREAKDOWN (DOES NOT INCLUDE LABORI Flatbed Truck with Compressor Mount $ 325.00 Per Day Bob Tail Truck 9 - 11 Yards $ 315.00 Per Day Concrete Flatbed Truck $ 300.00 Per Day Dump Truck & Pup Trailer $ 390.00 Per Day Air Compressor $ 150.00 Per Day Water Truck $ 275.00 Per Day Flatbed Truck with 3 - 5 Tons Roller Combo (Minimum) $ 505.00 Per Day Dump Truck with Skiploader 8, Trailer Combo $ 505.00 Per Day 10 - 12 Ton Roller including Trailer $ 250.00 Per Day 3 - 5 Ton Roller Including Trailer $ 245.00 Per Day Berm Machine Minimum Charge $ 150.00 Per Day Bobcat with Bucket $ 500.00 Per Day Bobcat with Grinder $ 550.00 Per Day Arrow Board with Truck $ 250.00 Per Day STANDARD SET (COMMON REPAIR CREWI Four Man Crew Skiploader Dump Truck 3 - 5 Ton Roller Flatbed with Compressor i~ Tools $ 3,100.00 Per Day Less than 8hrs. (4hr minimum) $ 1,600.00 Per Day MATERIALS Asphalt $ 85.00 Per Ton Asphalt Plant Opening on Saturdays $ 1,500.00 Base Rock Class II $ 18.00 Per Ton Tack Material $ 4.00 Per Gal Concrete $ 650.00 Min. Load Concrete after 4 Yards $ 150.00 Per Yard (562) 944-0975 • (714) 523-4492 (800) 634-3923 Fax (562) 944-0984 10715 Bloomfield Avenue, Santa Fe Springs, CA 90670 PUBLIC WORKS DEPARTMENT P.O. Box 9033 Temecula, CA 92589-9033 Attn: Brad Buron Re: Time and Material Sheet NOTE: SUBJECT TO MATERIAL AVAILABILITY AND OIL FLUCTUATIONS. NOTE: IMPERIAL PAVING PROVIDES THE FOLLOWING SERVICES: EXCAVATION, GRADING, PAVING, CONCRETE, SEAL COATING AND STRIPING. (562) 944-0975 • (714) 523-4492 • (800) 634-3923 • Fax (562) 944-0984 10715 Bloomfield Avenue, Santa Fe Springs, CA 90670 ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DO/YY) 06/27/2007 PRODUCER (349) 857-4500 FAX (949)$57-4800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Millennium Risk Management & Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License # OCI3480 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 5530 Trabuco Road '^vine, CA 92620 INSURERS AFFORDING COVERAGE '-'" wsuRERA: Travelers P & C Company of Imperial Paving Company Inc. INSURERe PO Box 4OO$ INSURER C: Whittier, CA 90605 wsuRER D: INSURER E COVERAGES ~~ ~.,~~~.~~~ ..~ ~~.~.,nr~. c uo ~ cu newvu ngvt BttN ISSUm f0 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CI AIMS INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION GATE MMIDpIYY PATE MMIDD/YY LIMITS GENERAL LIABILITY X C EACH OCCURRENCE § I, OOO, OOO COMMERCIAL GENERAL LIABILITY 06525C489TOL07 U7/UI/2UU7 U7/OI/ZOO$ FIRE DAMAGE A ~ ( ny one (re) § 50 ODU A CLAIMS MADE OCCUR MED EXP (Any one person) $ IO, ODU PERSONALBAOV IN R JU Y $ I, DUD, ODD GENERAL AGGREGATE $ Z , OOO, OOO GEML AGGREGATE LIMIT APPLIES PER: jE~ PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY LOC AU TOMOBILE LIABILITY X ANV AUTO 8306525C489TOL07 O7/UI/ZOO] O7/UI/2UU$ (EGae cideO SINGLE LIMIT $ 1,000,000 ALL OW NED AUTOS BODILY INJURY A SCHEDULED AUTOS (Per person) $ HIRED AUTOS NON-OW NED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per acdtleni) S :AR AGE LIABILITY AUTO ONLY-E4 ACCIDENT 5 ANV AUTO OTHER THAN Eq ACC $ AUTO ONLY: qGG $ EXCESS LIABILITY EACH OCCURRENCE g OCCUR ~ CLAIMS MADE AGGREGATE $ § DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X i EMPLOYERS'UABILITY TORY IMI S ER B DM6652 SG4$9TILU7 U7/UI/2OU7 O7/UI/2UU$ E L EACH C . . A CIDENT 5 I, 000, 000 E.L. DISEASE-EA EMPLOYE $ I, OOO.OOO E.L. DISEASE -POLICY LIMIT $ I, OOO OOO OTHER , _.____._.__.__.._...____._,.___.,..,..., ~.,.,.... ... ~~... n+~rvi~i.~urc~w~rn~naiuNs zrtificate Holder is named Additional Insured/Primary as respects General Liability per endorsement ttached. LO day notice of cancellation in the event of non-payment of premium. ERTIFICATE HOLDER ~ ~ ADDinoNAL wsuRED~ wsuRER LETTER: CANCELLATION City of Temecula 43200 Business Park Drive Temecula, CA 92590 SHOULD ANY OF THE ABOVE DESCRIBEp POLICIES BE CANCELLED BEFORE THE EXPIRATION pgTE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL '~ 3O GAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANV KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES HORI2ED REPRESENTATIVE IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this farm does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. COMMERCIAL GENERAL LIABILITY PLEASE REA® IT CAV~EFIILLY BL~4NKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1, WHO IS AN INSURED - (Section II) is amended to include any person or organization that. you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal Injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or you[ ubcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization a) b) TbIS ~N®®RSEMENT ~kiANGES Tk1E ~®LICY The insurance provided to the additional insured bythis endorsement is limited as follows: In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits df liability re- gyired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section Ill -Limits Of Insurance. The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. .The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard". 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured far a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary bass or a primary ahd non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person.dr organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: i. How, when and where the "occurrence" or offense took place; ii. .The names and addfesses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. C~ ®2 4fi 0r3 ®5 ©2005 The St. Paul Travelers Companies, Ina Page 1 of 2 COMMERCIAL GENERAL LIABILITY b} If a claim is made or "suit" is brought against th'e additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additionaF insured must see to it that we receive written notice of the claim or "suit" as soon as practicable, c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under th(s endorsement. However, this condition does not affect whether the insur- once provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers tha4 person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a, After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and o. Before the end of the policy period. Page 2 of 2 ©?_005 The St. Paul Travelers Companies, Inc. C~ ®~ 4g ®~ 05 CONTRACT FOR MINOR MAINTENANCE SERVICES BETWEEN THE CITY OF TEMECULA AND MONTELEONE CONTRACTORS FOR FUTURE REPAIR, IMPROVEMENT AND MAINTENANCE UPON REAL AND PERSONAL PROPERTY OF THE CITY OF TEMECULA THIS MAINTENANCE CONTRACT, made and entered into as of June 10, 2008, by and between the City of Temecula ("City"), a municipal corporation, and Monteleone Contractors "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Contract. The City may, upon mutual agreement, extend the contract for three (3) years additional term(s). In no event shall the contract be extended beyond three (3) years. 2. SCOPE OF WORK. Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A 3. PAYMENT. a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent an the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) for the total term of the Contract, unless additional payment is approved as provided in this Contract. b. Contractor shall not be compensated far any services rendered in connection with its performance of this Contract which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 4. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor 1 shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Contract. v. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Contract with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages, and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor 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, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, ar 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. 8. SUSPENSION OR TERMINATION OF CONTRACT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Contract, or any portion hereof, by serving upon the Contractor, at least ten (10) days prior, written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Contract, unless the notice provides otherwise. If the City suspends or terminates a portion of this Contract, such suspension or termination shall not make void ar invalidate the remainder of this Contract. b. In the event this Contract is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Contract pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section 3 above. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Contract shall constitute a default. In the event that Contractor is in default for cause under the terms of this Contract, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Contract immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. 2 b. If the City Manager, or his delegate, determines that the Contractor is in default in the performance of any of the terms or conditions of this Contract, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Contract, to terminate this Contract without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Contract. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, andlor District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, Agency, andlor District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, andlor District. 11. INSURANCE REQUIRMENTS. Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, ar 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 ar 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3) Workers' Compensation Insurance as required by the State of California, and Employer's Liability Insurance. If the Contractor has no employees while performing under this Contractor, Workers' Compensation Insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3 3) Workers Compensation: as required by the State of California Employers Liability: One million ($1,000,000) per accident for bodily injury or disease. 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 or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor 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, ar be endorsed to contain, the following provisions: 1) The City, 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 Contractor; products and completed operations of the Contractor; premises awned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this Contract shall be endorsed to state: Should the policy be canceled before the expiration date, the issuing insurer will endeavor to mail thirty {30} days prior written notice to the City. 6) If insurance coverage is canceled ar reduced in coverage ar in limits, the Contractor shall within two (2) business days of notice from insurer phone, fax, andlor 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. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Contract, hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Contract on behalf of Contractor, shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Contract. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Contract. Except for the fees paid to Contractor as provided in the Contract, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor far injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Contract. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis far any claims whatsoever for extra compensation ar for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been 5 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. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Contract, the proceeds thereof, the Contractor, ar 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 Contract. 18. 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. 19. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION. [Select] 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. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Contract must be in writing and may be given either by (i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. TO Clty: Ma!!!nn Address: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager -or- Fhyslca! Address: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Monteleone Contractors 39054 Camino Hermosa Murrieta, California 92583 {951) 538-6537 Attention: Ryan Monteleone 23. ASSIGNMENT. The Contractor shall not assign the performance of this Contract nor any part thereof, nor any monies due hereunder, without prior written consent of the City Upon termination of this Contract, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination ar as may be otherwise agreed to in writing between the City and the Contractor. 24. LICENSES. At all times during the term of this Contract, Contractor shall have in full force and effect, all licenses required of it by law far the performance of the services described in this Contract. 25. 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 such litigation is filed by one party against the other to enforce its rights under this Contract, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE CONTRACT. This Contract contains the entire understanding between the parties relating to the obligations of the parties described in this Contract. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Contract and shall be of no further force or effect. Each party is entering into this Contract based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS CONTRACT. The person or persons executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR BY: (Signature) NAME: (Printed Named) TITLE: BY: (Signature) NAME: (Printed Named) Name of Contact Person at C Mailing Address of Company: Telephone No. of Company:_ Facsimile No. of Company:_ 8 EXHIBIT A SCOPE 4F W4RK The specific elements (scope of work) of this service include: EXHIBIT B PAYMENT RATES AND SCHEDULE 10 ~~~~°~ MAY 5 2008 Monteleone Excavating clTVOP ~LMECULA Office: (951) 677-8308 28228 WO1COtt CT PUBLIC WORKS DEPARTMENT Cell: (951) 538-6537 Wildomar, CA 92595 Fax: (951) 304-1469 24 hour Hager (951) 694 -7028 Operated & Fuel Time and equipment rate for 2008 - 2009 Equipment Rate per Hour Saturday/+8 Hrs. Holiday/Sunday (Regular Rate) (*Per Hour Overtime) (Overtime Rate) 450 Dozer $125.00 D6LGP $160.00 `D6H $160.00 D6R XL W-slope $175.00 824 Dozer $160.00 D8K Dozer $180.00 D8N Dozer $185.00 <D8R Dozer $185.00 D10 Dozer $245.00 D9H Dozer $225.00 650 Excavator $280.00 400 Excavator $183.00 350 Excavator $165.00 220 Excavator $145.00 446 Backhoe $121.00 30 MF Skip/Mower $87.50 450 C Loader $165.00 950 Loader $165.00 977 Loader $180.00 973 Track Loader $175.00 963 Track Loader $165.00 12 G Motor Grader $165.00 140 Motor grader $165.00 623 Scraper $165.00 860 Scraper $140.00 613 scraper $135.00 657 Push Pull $285.00 637 E Push Pull $265.00 627 Push pull Scraper $235.00 10 Wheel Dump/Pup $95.00 Hi-Side Semi $95.00 4,000 Gal/W Truck $85.00 2500 Gal W-Truck $65.00 6X6 Off-Road dumpTruck $165.00 26 Wheel Lowbed Truck $110.00 $140.50 $175.50 $175.50 $190.50 $185.50 $195.50 $200.50 $200.50 $260.50 $240.50 $295.50 $198.50 $180.50 $160.50 $136.50 $103.00 $180.50 $180.50 $195.50 $190.50 $180.50 $180.50 $180.50 $180.50 $155.50 $150.00 $300.50 $280.50 $250.50 $111.00 $111.50 $100.50 $80.50 $180.50 $125.50 $156.00 $191.00 $191.00 $206.00 $191.00 $211.00 $216.00 $216.00 $276.00 $256.00 $311.00 $214.00 $196.00 $176.00 $152.00 $118.50 $196.00 $196.00 $211.00 $206.00 $196.00 $196.00 $196.50 $196.00 $171.00 $166.00 $316.00 $296.00 $266.00 $126.50 $126.00 $116.00 $96.00 $196.00 $141.00 Foreman $66.00 Pick-Up $46.00 Grade Checker $54.00 Laborer $46.00 $81.50 $97.00 $46.00 $46.00 $69.50 $85.00 $61.50 $77.00 *Note Overtime Wages Begin After 3:00 P.M. With A 6:00 A.M. Starting Time. Rate used beyond 8 hours on weekdays and all hours on Saturday. Any city work will be under 2003 prevailing wage rates. ACORD CERTIFICATE OF LIABtLiTY INSURANCE ~,,,b,E'°"'°°"YY"' ~ (16013/b2k60 CA LK~OC4E89D CRANiDAUfiARDINSURANCEBROKERS A4100 MONTEREY AVE 8TE/208 MONTELEONECONTRACTOR8INC. 26226 WOLCOTT COURT WILDOMAR CA A2595 COVERAGE I NAIC k THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 168UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWRHBTANDINO I ANY REOUIREMEM, TERM OR CONDITION OF ANY COMRACT OR OTHER DOCUMEM WITH RESPECT TO WHICH TH16 CERTIFICATE MAY BE 186UED OR MIRY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 16 SUBJECT TO ALL THE TERMS, EKCLUBIONB AND CONDITIONS OF SUCH POLICIE¢. AGGREGATE IIMRS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ POLICY NUMBER PO Y !C IJCY EK T N LYNTS OlNERAL L111BILRY FACN OCCURRENCE ~ ODD OOO A X COMMERCNL GENERAL LIABILRY GL-CA007755 ~O~OBIO] 'IOIO5IO5 DAMA ETO RENTED SQ DOD IXAIM6 MADE ~ OCCUR MED EXP M one nen S OOO PERSONAL 6ADV NJURY 1000000 OENERALAOORE TE 1000000 A 611TELIMBAPPLIESPER PRODUCTS •C MP PAGG 1000000 X POLICY PRO LOC AUT ONOYILE L4INILRY COMBINED SINGLE LIMB =1,000,000 B ANYADTD 05549368-0 12101107 12101ro8 IE. ecdaenD ALL OWNED AUTOS BODILY INJURY i X SCHEDULED AUTOS - (Per person) HIRED AUTOS BODILY INJURY S NON-0WNEO AUTOS (Per acdtlem) PROPERTY DAMAGE i (Per aaidsnq GARAGE LVIBILRY AUTO ONLY-EAACCIDEM i ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG S EXCEBSJUMBRELLA LIABILRY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S S DEDUCTIBLE RETENTION S WORKER8 COMPENSATION AND WC STATU- OTH- ENPLOYERB'LWBIUTY EL EACH ACCIDENT S ANYPROPRIETORIPARTNER/FXECUTIVE OFFDER/MEMBER E%CLUDED7 E.L. DISEASE-EA EMPLOYE S N udecetlbe antler 1 bolo EL DISEASE-POLICY UMR S OTHER OEBCRIPTR)N OF OPERATION8 /LOCATION8I VEHICLES / E%CLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER ATTACHED COMPANY ENDORSEMENT PROJECT LOCATION: TEMECULA, CA PROJECT DESCRIPTION: VARIOUS JOBS THROUGHOUT TEMECULA, CA e10 DAY NOTICE OF CANCELLATION FOR NON PAYMENT OF PREMIUM CITY OF TEMECULA-PUBLIC WORKS ATTN: COMMUNITY SERVICES DEPT. 43200 BUSNIESS PARK DR. TENIECULA, CA 92590 SHOULD ANYOFTNEABOVEDESCRIBEO POLICIEEEECANCELLEOEEFORETHEE%PIRATION DATE THEREOF; TNE.ISSUIN6 HISURER WILL ENDEAVOR TO NAIL ~ DAYS WRRTEN NO7N:E TO THE CERTIflCATE HOLDER NAMED TO THE LEFT, BUT FARJIRE ro DO80 SHALL IMPOSE NC OBLIGATION OR LIABILRY OF ANY KING UPON THE INSURER, RS AGENTS OR AUTHORIZED REPRESENTATNE <MD> Apr 11 08 12;48p Ryan Monteleone (951) 304-1489 p.1 Ou/11/2008 07:G5 FAR 9093726791 CANON ¢J 001/001 <iC~D_ CERTIFICATE OF LIABILITY INSURANCE DFID DATEIMNparyWV) PROOVefR ldON100A Od 11 OB Riley, Garrison E. Aeeoc., lnc. 7FiW CERTFICATE l8188UE0 A$AMATTEq pFINFORMATION Aa Iaeurance Brokerage HOLDER. TRW CfERi1FICATE DOES NOT AMEND EI%TEND OR 2522e Hancock Are. , 1F900 ALTER T11E COVERAGE AFpORDEO BY THE POLICIES BELOW. Murriet^ CA 92562 PAonar951.373-8790 Baxs951-373-8741 iNBURERBAFFORDINGCOVERAGE w3oREO -, NAIL K >NOnteleone Contractors, lac. Ryan Moo teleene 25225 Nolcott CE Nildo9Der CA 92595 THE POItIES OF IN6UML ANYRWUNIEMENT. TERM uAY PERTAIN. THE INSIIRP POLICIES wGGREGATE LW THE LT I I N8R TYPE OF WSURANCE pOUOY NUMBER OAT D OA E OOM µ ^•~•••V--- GENERALUABILm UNRS EACN OCCURgENCE ! COMMENCWLGENERAL UAERm ClAIM9 MADE ^OCOVR PREM)6E6 EP xmPACSI F MED F%D IARYmPpaaa^) S -_ _ PER90NAL 6ADVIN.VRY E GE NL AGGREGATE LWIIi APPLIES PER GENERAL AGGREGATE S : RRpp POLICY J ' LOC PROpUCT6•COMNOp AGC E EC1 AUTOM091LE LL1&UTY ANY AUTO cOMaNEOSWGLE LeIrt (FSau/doml L ALLOwNF0 AUT09 $CNEOULED AUT03 BOOlLY1NJVRv S )PtlPLOPA) NIRED AVTO! _ NON-ON^iEO AUTO6 IPOPCBLFYr 1ANNRY .... f ... , ANnGE ~ 1 ~ Pe/Jda^I ! GRR AGE UABam ANYAtrtD AUi00NLY-EA ACGOENi E OTNERTIMN fA ACC S e%CElSNMORELN LUIBIUTY AUTO ONLY AGG S OCCVft cLAiMS MAOE EACN OCCURRENCE 3 AGGREGATE S OEWCTIBLE .~~___... ... „_ .. ~ _ RETENIiON 9 .-.. , YA]ANER! COLWENl11TIDN AND S A EMPLOTER!'LUlalm x ORY LMITfi E0. ANY PRDPRFTOARAPTNEWE%fCUTNE DFFICGRIMEMBER E%CWDEDT 9fC5S 61129 03/15/OB 03/15/09 E.L. FACNAGCIDFM 9S000OQO Nye!.lDNACP^DU SDFCIAL PROVISIONS Pe1Dx E. L.0;4EASE-EA EMPLOYEE f lOOOOOO OTNER E.L. OlSEw9f-POLICYLNAR 91000000 OFSCR IPTON OPOPERATDNbI LOCATR)NSI VE/lCL FS/E%CLW IONSAODED iYFNDppEEM ENfr 9PE[IAI Pemn n,.u. --^--..o.... v., vv a.AnuZHACO Ra: Grading /City of Temecula •10 Bays notice AE cancellation Eor non-paymenC o! premium, City o£ Temecula Attn: Brad 8uroa 93200 Bueiaese Park Drive Temecula CA 93590 SNDULD Am OFTME ABOVE DE6CIBaEp PGLICESBE CANCELLED BEFORE TM! !R%MT10 DATE TNFgEDF,THE 199lNNG N19URER YRLL lNOEAVOgTO NAIL .301 DAYS LYNITTEN NOTCE TO Tt1E CEATUICATE NOLDFR NAMED i0 THE LEFT. BUT FAIIVRE TO 0030 ENALL IMP0.9E ND OBLIGATION OR LUBILITTOi ANYRINO UPON THE IN6URER, IT9 AGENT] OR 9 CONTRACT FOR MINOR MAINTENANCE SERVICES BETWEEN THE CITY OF TEMECULA AND NPG CORPORATION FOR FUTURE REPAIR, IMPROVEMENT AND MAINTENANCE UPON REAL AND PERSONAL PROPERTY OF THE CITY OF TEMECULA THIS MAINTENANCE CONTRACT, made and entered into as of June 10, 2008, by and between the City of Temecula {"City"}, a municipal corporation, and NPG Corporation { "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Contract. The City may, upon mutual agreement, extend the contract for three (3} years additional term(s). In no event shall the contract be extended beyond three (3) years. 2. SCOPE OF WORK. Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"} and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A 3. PAYMENT. a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for the total term of the Contract, unless additional payment is approved as provided in this Contract. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Contract which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 4. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons 1 engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Contract. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Contract with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages, and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http:l/www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 $50.00 far 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. 8. SUSPENSION OR TERMINATION OF CONTRACT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Contract, or any portion hereof, by serving upon the Contractor, at least ten (10) days prior, written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Contract, unless the notice provides otherwise. If the City suspends or terminates a portion of this Contract, such suspension or termination shall not make void or invalidate the remainder of this Contract. b. In the event this Contract is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Contract pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section 3 above. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Contract shall constitute a default. In the event that Contractor is in default for cause under the terms of this Contract, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Contract immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. 2 b. If the City Manager, or his delegate, determines that the Contractor is in default in the performance of any of the terms or conditions of this Contract, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Contract, to terminate this Contract without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Contract. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, andlor District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, Agency, andlor District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, andlor District. 11. INSURANCE REQUIRMENTS. Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, ar 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 ar 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3) Workers' Compensation Insurance as required by the State of California, and Employer's Liability Insurance. If the Contractor has no employees while performing under this Contractor, Workers' Compensation Insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3 3) Workers Compensation: as required by the State of California Employers Liability: One million ($1,000,000) per accident for bodily injury or disease. 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 or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor 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, ar be endorsed to contain, the following provisions: 1) The City, 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 Contractor; products and completed operations of the Contractor; premises awned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this Contract shall be endorsed to state: Should the policy be canceled before the expiration date, the issuing insurer will endeavor to mail thirty {30} days prior written notice to the City. 6) If insurance coverage is canceled ar reduced in coverage ar in limits, the Contractor shall within two (2) business days of notice from insurer phone, fax, andlor 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. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Contract, hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Contract on behalf of Contractor, shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Contract. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Contract. Except for the fees paid to Contractor as provided in the Contract, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor far injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Contract. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis far any claims whatsoever for extra compensation ar for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been 5 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. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Contract, the proceeds thereof, the Contractor, ar 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 Contract. 18. 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. 19. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION. [Select] 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. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Contract must be in writing and may be given either by (i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. TO Clty: Ma!!!nn Address: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager -or- Fhyslca! Address: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: NPG Corporation Post Office Box 1515 Perris, California 92572 {951 } 940-0200 Attention: Jeff Nelson 23. ASSIGNMENT. The Contractor shall not assign the performance of this Contract nor any part thereof, nor any monies due hereunder, without prior written consent of the City Upon termination of this Contract, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination ar as may be otherwise agreed to in writing between the City and the Contractor. 24. LICENSES. At all times during the term of this Contract, Contractor shall have in full force and effect, all licenses required of it by law far the performance of the services described in this Contract. 25. 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 such litigation is filed by one party against the other to enforce its rights under this Contract, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE CONTRACT. This Contract contains the entire understanding between the parties relating to the obligations of the parties described in this Contract. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Contract and shall be of no further force or effect. Each party is entering into this Contract based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS CONTRACT. The person or persons executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR BY: (Signature) NAME: (Printed Named) TITLE: BY: (Signature) NAME: (Printed Named) Name of Contact Person at C Mailing Address of Company: Telephone No. of Company:_ Facsimile No. of Company:_ 8 EXHIBIT A SCOPE 4F W4RK The specific elements (scope of work) of this service include: EXHIBIT B PAYMENT RATES AND SCHEDULE 10 04/25/2008 15:02 9519409192 NPG GOLDSTAR PAGE 04/06 PG r„~ Paving 8t Grading Equipment /Labor Rental Rates GENERAL LABOR Foreman STANDARD OVEN DOUBLE TIME Rake /Laborer 68.00 102.OD 136.00 PCC /Form Setter 63.00 94.50 126.OD 63.00 94.50 126.00 OPERATORS Travel Time Pavln9 Machine /Screed Man 45.00 Roller Man 66.00 102.00 136.00 Dump Truck 68.00 102.00 136.00 Not Crack Fill Metter 66.00 102.00 136.00 Seal BUggy 68,00 102.00 136.00 "Add 1/2 Hour Overtime for Paving Machine O 68.00 102.00 136.00 perator Fire U p PAVING EQUIPME~ 02' 81aw Knox PF78D Paving Machine (Rubber Tire) 10' -16' HOUR RATE DAY RATE OS' Cedar Rapids 361 Paving Machine (Rubber Tire) 8' -16' ' 150.00 150 00 OS Cedar Rapids 561 Paving Machine (Track Paver) 1D'-21' . NEW 07' LeeBoy 5000LD Pafh Master (Track Paver) 5'-9' 160.00 NEW 06' Oil Spreader Truck 150.OD "' Automatics Price Upon Request Crew Truck /Form Truck 200.OD Asphalt Berm Machine - 270.00 200 Gallon Tack Rig 350.00 Asphalt Roller DD24 & OD28 (3-5 ton) 250.00 Asphalt Roller DD66 (5-8 Ion) 300.00 Asphalt Roller Cat CB22 (10.12 ton) 400,00 475.OD HEAW EQUIPMENT D5' John Deere Skip Loader HOUR RATE DAY RATE Operated 05' John Deere 3 Yard Loader Operated ' 95,00 125 00 05 John Deere 770 Blade Operated . 130 00 860A Scraper Operated . 130 00 863 Bobcat w/Attachments Operated . 225 00 2000 Gallon Water Truck Operated . 85 00 End Dump Operated . 85 00 Compressor Bare wl90 Ib Hammer . Traffic Control Arrow Board 250.00 150.00 CRACK FILL EQUIPMENT OJK 250 Mel[er HOUR RATE DAY RATE EZ Pour 50 375.00 Pour Pot / Kel[le 100.00 25.00 SEAL COAT EOUIPMENT DA350 Seal Buggy HOUR RATE DAY RATE ST550 Seal Tank Trailer 400.00 ST2500 Tanker w/12' Hyd Spreader Operated '" 250.00 1s[ hr 100.00 1 He Clean Up Charge 185.OD there after ST25D0 Tanker Operated 150.00 EQUIPMENT MOVES FLAT RATE Paving Machine /Loader! Blade 600.00 In/Out Roller 350.00 In/Out "' Any Moves Outside A 4D Mile Radius From Our Location Will Be Billed A Hou " rly Rate of $95.00 Per Hr Portal-to-Po fal + p i AIf T&M Rentals Will Be Charged A $150.00 Fuel Surcharge Per Rental Day. r erm ts ~ 4Huur Minimum Charge On alt Equipm¢nl ana LabOr'All equipment subject tD move charge'2 Hr Show Up Tlme .-.' Time woMetl over B hrs is charge0 al OT rated, OT rates a(ler 12 hrs vl wwX ~ $alurtley workwlll he chargetl al OT rates rorthe grsl 12 horns, DT after.._$un0ay xrork chargetl al DT ..r Prevailing rfage/cerllrietl Dayr011'2D°/. meMUp On all laboNOpCralor ates __. All lahOr anO Opefaletlegvipmenl roles la be chargetl portal-lq-pvrlal .y Equipm¢n(Renlal Agleemenf form must be signetl al entl of each work tlay by acting superinlen0enl __' All lnvvlces to p¢paitl upon completion Dr as agreetl uppn'All ndfes Sbbiact to Change wilheut Notice Post Office Box 1515 "Perris, CA 92571 Phone: (951)940-0200 Fax: (951)940-9192 04/25/2008 15:02 9519409192 NPG GOLDSTAR PAGE 05/06 ~NPG CORPORATION ' Pas! Office Box 1575 `Perr7s, CA 92572 DATE OF RENTAL 95i-940-0200 FAX 951340-9192 W W W nDOCOfD COm RENTAL CONFIRMATION /AGREEMENT MUST BE COMPLETED IN FULL PLEASE PROVIDE RENTAL INFORMATION AND FAX BACK FOR SCHEDULING INDICATE EQUIPMENT AND MAN POWER NEEDED COMPANY NAME: BILLING ADDRESS: PHONE#: CERTIFIED PAYROLL: YES_ NO Job Job JOB#/PO#: INITIALS REQUIRED Cellular # ""y~ County: Map page: Grid Start Date: Start Time: Note Tonnage: Rate Per Hr.: HOId At - i A Y ~~ ~~~ ` ITEM NO. 1 QTY. DESCRIPTI Cedar Ra ids 561 Track ON ~ UNIT UNIT PRICE ~~~~ TOTAL 2 10 21 Screed HR 160.00 Blaw Knox PF180 Paver 10'-16' Screed HR 150 00 3 Cetlar Ra ids 361 Paver 8'-16' Screed HR . 150 00 4 LeeBo SODOLD Track Paver 5'-9' Screed HR . 150 00 5 6 Aulornatics DAY . 200.00 3-5 Vibratory Roller DAY 300 00 7 8 5-8 Roller DAY . 400.00 9 10-12 Roller DAY 475.00 4WD Skip Loatler Operated HR 95 00 10 3 Yard Loader Operated HR . 125 00 11 660A Scra er O rated HR . 130 00 12 John Deere 770 Blade O grated HR . 130 00 13 863 Bobcat W/Attachment Ope2ted HR . 225 00 14 2000 Gallon Water Truck Operated HR . 85 00 15 End Dump Operated HR . 85 00 16 Crew Truck /Tools DAY . 270 00 17 Tack Rig 200 gallon DAY . 18 Berm Machine DAY 250.00 19 Arrow Board 350.00 20 Operator DAY 150.00 21 Screed Operator HR 68.00 22 Roller Operator HR 68.00 23 Raker HR 68.00 24 Laborer HR 63.00 25 Foreman W/Truck HR 63.00 28 O erator Travel Time HR 6B.OD 27 TruckStand6 Time HR 45.00 28 Low Bed Service HR 70:00 29 Equipment Move Paver ~ HR 95.00 30 E ulpment Move Roller HR 600.OD 31 SS1 H Tack Material HR 350.00 GALLON 4.15 All T&M Rentals WIII Be Charged A 5150.00 Fuel Surcharge Per Rentat Day "Prevailing Wage Jobs 20 % Markup Will Apply To Operator r Laborer Rates Upon acceptance of Rentat Agreement, Preliminary information must he provided. All invoices to he paid upon completion. 4 Hour Min. Charge on all Equipment and Lahor Rates, Operator Pald Travel Time. Rates above are sVaight time rates, Overtime after B, Douole-Tjme after 12 . (All rates are subject to change without nollce). Saturday work billetl at Ovenime Rates ! Sunday vrork billed al Dou61e-Time Rates. Client AcceOtance: .._._. 04/25/2006 15:02 9519409192 ~NPG CORPORAT/ON Post Office Box 1515' Penis, CA 92572 957-940-0200 FAX 951-940-9192 WWW nD4C0fD COm DATE OF RENTAL RENTAL CONFIRMATION /AGREEMENT MUST BE COMPLETED IN FULL PLEASE PROVIDE RENTAL INFORMATION AND FAX BACK FOR SCHEDULING INDICATE EQUIPMENT AND MAN POWER NEEDED COMPANY BILLING AC PHONE CERTIFIED PAYROLL: YES_ NO Job Job JOB#/PO#: INITIALS REQUIRED Cellular # ~'ry County: Map Page: Start Date: Start Time:_ Tonnage: Rate Per Hr.: Hold At: NPG GOLDSTAR PAGE 06/06 Grid #: Notes: ~ i a ~ ~ ITEM NO. QTV. DESCRIPTI ON ~~~~~~~ '~~ ~~~ 1 OJ UNIT UNIT PRICE TOTAL K 250 Metter DAV 2 EZ Pour 50 W/ Por Pot 375.00 3 SCM3D0 Seal Machine Bu gy) 300 al DAY 125.00 4 ST-550 Seal Tank Trailer SDD l DAY 400.00 5 ST-2500 Tanker a Operated DAY HR 100.00 6 Crew Truck /Tools 150.00 7 Foreman W/Truck DAY 270.00 8 Meker Operator HR 68.00 9 Seal Bu gy Operator HR 68.00 10 Laborer HR 68.00 11 O erator Travel Time HR 63.00 12 #310 GoldCoat Slurry Seal HR 45.00 13 Duro Flex Hot Crack Fill 35 Ib Boxes GALLON EA 1.65 14 Loop Sealant Hot Crack Fill 35 Ib Boxe 25.00 s EA 27.75 `" All T&M Rentals Will Be Charged A 8150.00 Fuel Surcharge Per Rental Day "" Prevailing Wage Jobs 20°k Markup Will Apply To Operator! Laborer Rates Uppn acceptance of Rental Agreement, Preliminary infopnallon must be provided. All (nvolces to be paid upon completion. 4 Haur Min. Charge on all Equipment and Labor Roles, Operator Paid Travel Time. Rates above are straight time rates. Ovedime after 8. Double-Time after 12 . (All rates are suhjecl to change without notice). Saturtlay work billed al Overtime Roles/Sunday work Billed of Double-Time Roles. Client Acceptance: _ _ _ _ _ 04/25/2008 15:02 9519409192 NPG GOLDSTAR PAGE 02!06 °RJZRJZUUa ur: 13 FAX 2215210 Crosby Insurance ,Inc. (~ OOZ/003 TM ACORD CERTII=KATE OF LIABILITY INSURANCE oATE cNMIDDmYY) PRODUCER I 0412y2009 I90USE SHEFFIElO INSURANCE f ~RVICES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORNA7IDN P.O. BOX 31160 HOLDER. THI6NCERTIF LATE OE3 N07 AMEND, F~LIFITENq OR ANAHEIM CA 82509-0243 ALTER THE COVERApE AFFORDED BYTE OUGES ELOW. A9EOI y I~cIF: 0073881 INSURERS AFFORDING COVERAGE I NAIC p INSURED N P G GORPOI7ATIDN INSURER Ai ~~~1NTER9fAlE FIRE ANO CASUALTY P D BOX 1575 _ _ INSURER a: AMERICAN ECONOMY INS Cp I PERRIS CA 92672 IIN9URER C; STATE COMP INS FUND ' .INSURER D' 9AFEC0INSURANCE "' INSURER E " COVERAGES TXE POLICIES OF INSURANCE LIBTED BEL ~W LIVE BEEN ISSUED TD THE IN9LTiE0 NAMED ABOVE GDR THE Ppl10YPERfpO INDICATED NOTW1TH8igNDING RNY REQUIREMENT, TERM OR CONDITON 7F aNY CONTRACT OR OMER 9000MENT WITH RESPECT Tp WHICH THIS CERTIfICA7E MAY RE 193VE0 OR MAY PERTAIN ME IN$UpANCE AFFORDEI BY THE PDUCU:S DESCRIBED HEREIN IS SUBJECT TD ALL ME TERMS E%ClU$IONS ANO COND POLICIES. AGGREGATE IINVT6 SHOWN MA` HAVE BE EN gfiDUCEO eY PAID DWM9 mONS OF 9UCN IWRInDO LTR W° ._-.-__. T'PE Of M9U1GNCE POLICY NUNBEit M1,4YE/!lClNI peyCY FJFIIMR°N _._._.. _._..-. _~._._.. . ..__.~..--_... GENERAL LIA&Lm! -'- ~ 3G1 10000097 °A~ NCO LIMITS X i COMMERCW. GENERA! LV1B .ITY . 11116/07 ~ 11115/08 EACH DG URRENCE ---~~-- ~-.-.__ S ___. 1,000,000 CIABAS MADE'X OO DR. MEM4ES IEe pcM~~Ne) $ 50,DDD A MED. E%p (Any orN pere°nl a EXLCUDED 1 PER$ONALBADy INJU0.V IS 1,000,000 ~ IGEN'LAGQREGATE LUAITAPPLIE$'ER IOENEMLAOORE(igTE :S__ _2,000_OOO I POLICY IMC I I PRODUCTS-COMP/OP AGG S 2 000 D00 T OC I , , ADTDRDeaE WIeIUTY 24-CC•206764-10 71NE10T 11115105 X jANYAUTO ~ COMBINE091NGLELIMIT ' ~ , ~ (Ee EW°mtl a 7,000,000 ALL OWNED AU708 I SCHEDULEOAUT09 + ! --~--~--- AODILY INVUAY (P.rvetsvn) B { 9 i X I HIRED AUTp$ _ ____. f I X NON.OWNED AU709 BDDIIY INJURY I I 6 P I I ~ I ( er aoatlenq _ ' PROFERTY DAMAGE g ~OARAGE DABILRY PpicciBlpD , ANY AUTO ~ i AUTp ONLY-EA ACCIDENT F ..I (OTHER THAN ~F 1AOC $ ~ .,..-_ .. AUTO ONLY: AGG S I E%CL~$JOMBRELIA LUBIUTY PFX1004010 ' X OCCUR j I ClA1M6 MJ 7E I 17/15107 11/15109 EACH OCCURRENCE f 3,000,000 I A : " ' I ADOREOATE ~$ 3,000,000 _-. ... DEDUCTIBLE I L _-_..._..._.._~_.- L . _-__..._ = X RETEMIDN S ~ ~ y I I ~ iENPLOYER$'LMBIMIY ,rn ~~ 046TO6ti7-08 C iIM'PROPRIETOMiexTNER,F1tECUhV! ~ MIICEAi11lMBER EkcWDEDi nyu,°ucrr vnrr fIPECIALPFwulam eHU, :OTHER: COMR4CTDR9 RENTEp 02-CE-N6452• B IEOUIPMSN7 DESCRIPTION OFOPERATION$fLt CATIONSNEHICIE$A SEE SUPPLEMENTAL CERTIFICAT : INFORMA710N CITY OF TEMECULA P,O. BOX 9033 4320D BUSINESS PARK URryE TEMEMCULA, CA 92t:B9-9033 Attention: 957594-tW13 07/07/05 ~ 01/01109 IT'^yoRVTUnilrs orlrrA E.L FACHACCIDFNi S 7,000,000 E.L DISEASE•6A EMPLOYEE $ 7,DOO,DOO El DISEASE-v04CYLINI7 le 1000,000 17775107 I 7913105 '5309,000 LIMIT-NO PER ITEM MAX LIMIT DEDUCTIBLE: SZ,6D0. ACORO 25 (2001 NB) COJYfiCAte # 8192 4NY OF THE ABOVE OE6CRIBEO PODGIER BE CAHCEUED, DR I BEFOREMEE%PIRATION DATE THEREOF, THfi ISSUING IN9U BAYS WRITTEN NOTCE TO THE CERTIFICATE NOLDE0. NAMED ~ ACORD CORPORA710N 1989 04/25/2008 15:02 9519409192 NPG GOLDSTAR PAGE 03/06 vY1 LY/LVUp ur: is rnx 'L215210 Crosby Insurance ,Inc. (d,J 003/003 SUPPLEMENT TO CERTIFICATE OF LIABILITY INS #8192 DATE DESCRIPTION OF OPERATIC Ns/LOCAT10NS/VEHICLES/SPECIAL ITEMS APR 22 06 7F CANCELLED FOR kON-PAYMEI T DF PREMIUM. CANCELLATION NOTICE WILL BE 10 DAYS, THE CRY OF TEMECULA IS NgME[ ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY ONLY, AS PER ENDORSEMENT ON FILE WITH COMPANY. BUT ONLY AS RE iPECTS PROJECT SHOWN BELOW: JOB DESCRIPTON; Cl7y OF 7EMI CULA Jog Ag pER CONTpgCT JOB LOCATION: VARIOUS LO :ATIONS, TEMECULA, CA CBrti6cete# gi92 CONTRACT FOR MINOR MAINTENANCE SERVICES BETWEEN THE CITY OF TEMECULA AND PACIFIC STRIPING, INC. FOR FUTURE REPAIR, IMPROVEMENT AND MAINTENANCE UPON REAL AND PERSONAL PROPERTY OF THE CITY OF TEMECULA THIS MAINTENANCE CONTRACT, made and entered into as of June 10, 2008, by and between the City of Temecula ("City"), a municipal corporation, and Pacific Striping, Inc. "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Contract. The City may, upon mutual agreement, extend the contract for three (3) years additional term(s). In no event shall the contract be extended beyond three (3) years. 2. SCOPE OF WORK. Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A 3. PAYMENT. a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent an the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) for the total term of the Contract, unless additional payment is approved as provided in this Contract. b. Contractor shall not be compensated far any services rendered in connection with its performance of this Contract which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 4. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor 1 shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Contract. v. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Contract with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages, and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor 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, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, ar 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. 8. SUSPENSION OR TERMINATION OF CONTRACT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Contract, or any portion hereof, by serving upon the Contractor, at least ten (10) days prior, written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Contract, unless the notice provides otherwise. If the City suspends or terminates a portion of this Contract, such suspension or termination shall not make void ar invalidate the remainder of this Contract. b. In the event this Contract is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Contract pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section 3 above. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Contract shall constitute a default. In the event that Contractor is in default for cause under the terms of this Contract, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Contract immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. 2 b. If the City Manager, or his delegate, determines that the Contractor is in default in the performance of any of the terms or conditions of this Contract, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Contract, to terminate this Contract without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Contract. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, andlor District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, Agency, andlor District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, andlor District. 11. INSURANCE REQUIRMENTS. Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, ar 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 ar 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3) Workers' Compensation Insurance as required by the State of California, and Employer's Liability Insurance. If the Contractor has no employees while performing under this Contractor, Workers' Compensation Insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3 3) Workers Compensation: as required by the State of California Employers Liability: One million ($1,000,000) per accident for bodily injury or disease. 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 or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor 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, ar be endorsed to contain, the following provisions: 1) The City, 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 Contractor; products and completed operations of the Contractor; premises awned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this Contract shall be endorsed to state: Should the policy be canceled before the expiration date, the issuing insurer will endeavor to mail thirty {30} days prior written notice to the City. 6) If insurance coverage is canceled ar reduced in coverage ar in limits, the Contractor shall within two (2) business days of notice from insurer phone, fax, andlor 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. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Contract, hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Contract on behalf of Contractor, shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Contract. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Contract. Except for the fees paid to Contractor as provided in the Contract, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor far injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Contract. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis far any claims whatsoever for extra compensation ar for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been 5 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. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Contract, the proceeds thereof, the Contractor, ar 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 Contract. 18. 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. 19. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION. [Select] 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. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Contract must be in writing and may be given either by (i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. TO Clty: Ma!!!nn Address: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager -or- Fhyslca! Address: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Pacific Striping, Inc. P.O. Box 1691 Whittier, California 90609 {562) 945-7805 Attention: Scott Fisher 23. ASSIGNMENT. The Contractor shall not assign the performance of this Contract nor any part thereof, nor any monies due hereunder, without prior written consent of the City Upon termination of this Contract, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination ar as may be otherwise agreed to in writing between the City and the Contractor. 24. LICENSES. At all times during the term of this Contract, Contractor shall have in full force and effect, all licenses required of it by law far the performance of the services described in this Contract. 25. 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 such litigation is filed by one party against the other to enforce its rights under this Contract, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE CONTRACT. This Contract contains the entire understanding between the parties relating to the obligations of the parties described in this Contract. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Contract and shall be of no further force or effect. Each party is entering into this Contract based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS CONTRACT. The person or persons executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR BY: (Signature) NAME: (Printed Named) TITLE: BY: (Signature) NAME: (Printed Named) Name of Contact Person at C Mailing Address of Company: Telephone No. of Company:_ Facsimile No. of Company:_ 8 EXHIBIT A SCOPE 4F W4RK The specific elements (scope of work) of this service include: EXHIBIT B PAYMENT RATES AND SCHEDULE 10 Padfic Striping Inc PO. Box 1691 WhilNe4 CA 90609 Lic. M485696 pacific strioino(~verizon net 562A45-7605 TIME AND MATERIALS SPREADSHEET ONMER/CONTRACTOR: WORKAUTHORIZED BY: PROJECT DESCRIPTION: START DATE: FINISH DATE: COMPLETION STATUS: 330 GALLON CAP. STRIPINGTRUCK_ STAKE BED 1 TON • $250.00 $150.00 $0.00 $O.OD OKNER OPERATOR $75.00 $65.00 - $77250 $97.50 $0.00 $D.00 STENCILING TRUCK 1 TON $175.00 $D.00 LABORER $50.00 $75.00 $0.00 STENCILING TRUCK 1/2 TON $725.00 $0.00 DRIVER $75.00 $67.50 $0.00 PAVEMENT MARI4=RAPP. TRUCK $2W.00 $0.00 _, - $D'DD SHADOW TRUCK $725.00 E0.00 $0.00 THERMOAPP TRUCK $250.00 $0.00 $D.00 SANDBLASTING RIG $200.00 $0.00 _ $0.00 CRASH TRUCK SURVEY VICHICLE $250.OD $125.00 $0.00 $D.00 TOTAL $0.00 $0.00 CONSTRUCTION SIGNS HR $1.75 $0.00 $0.00 CONES HR _ $025 $0.00 -- $0.00 BARICAOES HR $5.00 $D.00 _ __ $0.00 TRASH BARRELS HR _ $3.00 $0.00 $0.00 SLIDE HAMMER -__ HR- $5.00 $O.OD $0.00 ARROWHOARD HR _ $50.00 $0.00 _ _ $0.00 MESSAGE BOARD HR $75.00 $0.00 $0.00 CLEAN UPTOOLS HR - - $O.OD _ gO,Op $0.00 TOTSAL $0.00 $0.00 -~ _ $O.OD $0.00 PAC~IC $0.00 (MeAwp InGuded) PAINT TOTAL - GAL $o.OD • $0.00 .Sub-Tod/: • - , __ $OAO $0.00 BEADS LBS $0.00 __ $O.OD BTfUM10US __ EA $0.00 -__ _-_ $0.00 REFLECTVE MARKERS EA _ $0.00 _ _ ____ $0.00 NON REFLECTIVE MARKERS EA $0.00 $O.OD SIGNS LBS $0.00 _ $0.00 THERMOPLASTIC $0.00 _ $0.00 $0.00 __ -___ $0.00 $0.00 $0.00 __ $0.00 _ $0.00 $0.00 __ .__ $O.OD $0.00 ~ _ $0.00 Tom/Memdals: $0.00 Total Trucking: $0.00 • - • $OAO $0.00 $0.00 $0.00 Total Rerrml EqulPmerrt $0.00 • •- $0.00 Material, Trucking, RerRal, 8 Subs: $0.00 _ $0.00 SubSubTOdL• $0.00 __ $0.00 Markup (%arW S): 15% $0.00 Total Subcorrbeotors: $0.00 SubTOpl: $0.00 GRAND TOTALS: ` PACIFlCREPRESENfIVE GATE Todl Cost7v/Markup: Bond Fee (%andS): TOTAL EXlRAWORIC l0 +03 -OAB% $(1.00 $0.00 $0.00 OWNERS REPRESENTATIVE Adm DATE '3 02/01/2006 17:04 3105148688 INSURANCE OFFICES PAGE 01/02 DATE (MMfDDrvv7 ACORD„ CERTIFICATE OP LIABILITY INSURANCE D2,o,noo9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER $BfiBl # ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOE5 NOT AMEND, EXTEND OR MARRON INSURANCE SERVICES 1991 NORTH GAFFEY STREET, SURE 278 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SAN PEDRO, CA 90731 INSURERS AFFORDING COVERAGE NAICTf 710-E1d•5425 m9uNER A: NAVIGATORS INSURANCE COMPANY IN9UR@0 PACIFIC STRIPING INC. INSURER B: THE HARTFORD PO BOX 1691 INSURER C: WHITTIER, CA 80609 IufURER O: IN6URER E: COY RAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING R OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV 0E ISSUED OR ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT O FFORDED BY THE POLICES DESCRIBED HBREIN IS SVBJEC7 TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTNN, THE INSURANCE A AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ' P ICIES , OL POLICY EFFECT Pp~G\'E% Y~N 4MI79 IN H~'L TYPE OFINSUMNCE POLICY NUMOFR p MrUD F M 000 1 000 E ~~ , . EACH OCCVRRENG f OENERAL LIABILITY 0 MA FTO RENTED ODD A X COMMERCMLGENEMLLIADIUTY GAN14936 ~ 02IOU2006 02,O1I2009 eE E once 9 50, ClAIM6 MADB ~ OCCUR MED E%P (An Ane efdOn) f S,ODD PEP90NALAAOV INJURY f 1.000rODO GENERAL aGOREOATE S 2,000 OOO GEN'LAGGREOATE LIMIT APPlIE6 PER: PRODUCTS•COMPIOP AGG f 2,000,000 POLICY J U- L C 4UTOMOBILE LIABILITY 72UECUS0295 02,Q1,2DD6 D2/D1,2D09 COMBINED 9INOIE LIMIT f 1~000~DDD IEP P<ddenq B ANY AUTO AILOWNED AUi09 BOOIIV INJURY f IPer pcr:Pn) X 90HEDVLEDAVr03 X HIRED AUTOS BODILY INJURY f lau ialE enll X NON•OWNED AUT09 }} (Pe~acgRden DAMAGE f AUTO ONLY•EA ACWOENT $ GAR AGE LIABILITY OTHFR THAN EP ACC f 4NY AUTO AVTd ONLY: AGO S LIT EACH OCCURRENCE f Y E%CE65NMBRELIP LIABI UR ~ClAIM3 MADE AGGREGATE f OCC x DEDUCTIBLE f RETENTION 6 f ' ~v TIMIT9 OTH- 9 COMPENSATION ANO WOR%ER EMPLDYER9'LIABILITY EI EACH ACCIDC-Ni S QFFICER/MC-MBER E%ClUDE09 ~UTIVE E1016E49B-EA EMPLOYEE f If yyeee, daFCtlba untlb 6PECIA ROVI610N9 DeloW EI, DISEa9E-POLICY LIMIT f OTHER DESCRIPTION OF OPERATIONS/LOCA710N9NEHICLE91E%CLU910NSAODED BY ENOOR9EMENT/SPEC1Al PROV1910N5 CITY OF TEMECULA ARE NAMED AS ADDITIONAL INSURED PER ATTACHED ENDORSEMENT. "10 DAY NOTICE WILL APPLY FOR NON PAYMENT OF PREMIUM" CERTIFICATE HOLDER CANCELLATION SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIMTIOrv DATE THEREOF. THE ISSUING INSURER W0.I. ENDEAVOR TO MAIL 3D DAYS WRITTEN CITY OF TEMECULA NOTICE TO THE CERTIFICATE HOLOF-R NAMED TO THE LEFT, BuT FNLVRE TO 00 90 SHALL ATTN:ANITA IMP03EN000LIGATIONORLIABIIITVOFANVKINDUPON7HEINEURER,IT9AGENT30R 43200BUSINES$PARF(D IVE bENTATNES. TEMECULA, CA 82589 _~ Imo, ~~ gg ~ ~. ,y ~G~ UTH RI E L•SENTATIV 6.1 Y ~.. ~Jlti li..~ Q•i1~1 ACORD 25 (2001,OB) FEB O4 ZOO6 6rAGVKV GVKYVPW IIVN TtleR CITYOFItMECULA PUBLIC WORKS DEPARTMENT ^ ~'02/~1/2008 17:04 3105148698 INSURANCE OFFICES PAGE 02/02 .~ BLANKET ADDITIONAL INSUREDS- OWNERS, LESSEES OR CONTRACTORS This endorsement modifies Insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Number: GAN14836 Endorsement Erfective: ~~ a.m. _ Named Insured Countersigned ey: PACIFIC STRIPING, INC ~~~~ - Noma of Person or Organizatia CITY OF TEMECUI.A 43200 BUSINESS PARK DRIVE TEMECULA, CA 92589 STRIPING OF A PARKING LOT FOR A COMMERCIAL OFFICE BUILDING LOCATED Q43200 (If no entry appears above, information requirecl to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, buE only to the extent that the person or organization shown in the Schedule is held liable Ier your acts or omissions arising out of your ongoing operations performed for that insr7red, B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exeluslons This insurance does not apply to "bodily injury' or "property damage" occurring otter: (1) All work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(5) at [he site of the covered operations has been completed; or (2) That portion of "your work" out Of which the injury of damagr; arises has been put t0 itS Intended use by any person or otganlZation other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The words "you' and "your" refer to the Named Insured shown in the Declarations. D. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. Primerv Wording If required by written contract or agrooment: Such insurance as Is afforded by this policy shall be primary insurance, and anylnsuronce or self.insuranco maintained by the above additional in5uretl(s) shall be excess of the Insurance afforded to the named insured and shall not contribute to il. - Waivor of Subrooation If requit¢d by written oontraot or agreement: We waive any right of recovery we may have Sgainst anen:ity that is an additional insured per the terms of this endorsement because of payments we make For injury or damage arising out of "your work" done under a contract with that person or organlzetion. ANF• ES 043 (5/200fi) CONTRACT FOR MINOR MAINTENANCE SERVICES BETWEEN THE CITY OF TEMECULA AND RENE'S COMMERCIAL MANAGEMENT FOR FUTURE REPAIR, IMPROVEMENT AND MAINTENANCE UPON REAL AND PERSONAL PROPERTY OF THE CITY OF TEMECULA THIS MAINTENANCE CONTRACT, made and entered into as of June 10, 2008, by and between the City of Temecula ("City"), a municipal corporation, and Rene's Commerical Management ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Contract. The City may, upon mutual agreement, extend the contract for three (3) years additional term(s). In no event shall the contract be extended beyond three (3) years. 2. SCOPE OF WORK. Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A 3. PAYMENT. a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent an the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) for the total term of the Contract, unless additional payment is approved as provided in this Contract. b. Contractor shall not be compensated far any services rendered in connection with its performance of this Contract which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 4. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor 1 shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Contract. v. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Contract with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages, and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor 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, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, ar 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. 8. SUSPENSION OR TERMINATION OF CONTRACT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Contract, or any portion hereof, by serving upon the Contractor, at least ten (10) days prior, written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Contract, unless the notice provides otherwise. If the City suspends or terminates a portion of this Contract, such suspension or termination shall not make void ar invalidate the remainder of this Contract. b. In the event this Contract is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Contract pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section 3 above. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Contract shall constitute a default. In the event that Contractor is in default for cause under the terms of this Contract, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Contract immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. 2 b. If the City Manager, or his delegate, determines that the Contractor is in default in the performance of any of the terms or conditions of this Contract, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Contract, to terminate this Contract without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Contract. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, andlor District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, Agency, andlor District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, andlor District. 11. INSURANCE REQUIRMENTS. Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, ar 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 ar 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3) Workers' Compensation Insurance as required by the State of California, and Employer's Liability Insurance. If the Contractor has no employees while performing under this Contractor, Workers' Compensation Insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3 3) Workers Compensation: as required by the State of California Employers Liability: One million ($1,000,000) per accident for bodily injury or disease. 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 or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor 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, ar be endorsed to contain, the following provisions: 1) The City, 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 Contractor; products and completed operations of the Contractor; premises awned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this Contract shall be endorsed to state: Should the policy be canceled before the expiration date, the issuing insurer will endeavor to mail thirty {30} days prior written notice to the City. 6) If insurance coverage is canceled ar reduced in coverage ar in limits, the Contractor shall within two (2) business days of notice from insurer phone, fax, andlor 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. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Contract, hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Contract on behalf of Contractor, shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Contract. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Contract. Except for the fees paid to Contractor as provided in the Contract, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor far injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Contract. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis far any claims whatsoever for extra compensation ar for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been 5 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. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Contract, the proceeds thereof, the Contractor, ar 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 Contract. 18. 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. 19. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION. [Select] 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. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Contract must be in writing and may be given either by (i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. TO Clty: Ma!!!nn Address: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager -or- Fhyslca! Address: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Rene's Commerical Management 1002 Luna Way San Jacinto, California 92583 {951) 487-0247 Attention: Rene Martinez 23. ASSIGNMENT. The Contractor shall not assign the performance of this Contract nor any part thereof, nor any monies due hereunder, without prior written consent of the City Upon termination of this Contract, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination ar as may be otherwise agreed to in writing between the City and the Contractor. 24. LICENSES. At all times during the term of this Contract, Contractor shall have in full force and effect, all licenses required of it by law far the performance of the services described in this Contract. 25. 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 such litigation is filed by one party against the other to enforce its rights under this Contract, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE CONTRACT. This Contract contains the entire understanding between the parties relating to the obligations of the parties described in this Contract. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Contract and shall be of no further force or effect. Each party is entering into this Contract based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS CONTRACT. The person or persons executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR BY: (Signature) NAME: (Printed Named) TITLE: BY: (Signature) NAME: (Printed Named) Name of Contact Person at C Mailing Address of Company: Telephone No. of Company:_ Facsimile No. of Company:_ 8 EXHIBIT A SCOPE 4F W4RK The specific elements (scope of work) of this service include: EXHIBIT B PAYMENT RATES AND SCHEDULE 10 ~~~~ MAY 5 2006 CITY OF l t PUBLIC WORKS e's CommeYCial Management 1002 Luna Way * San Jacinto, CA 92583 * Tel. (951) 487-0297 * Fax (951) 487-0479 CLIENT: City of Temecula, CA DATE: May 5, 2008 TIME & MATERIAL RATES FOR JULY 2008 / 2009 WEED SPRAYING: 1) Pre-emer eg nt Applications: a) Sensitive Areas (Landscape areas): b) Non-sensitive Areas (Roadsides): 2) Post-emer eg nt Applications; (Older, larger weeds, higher rates) NOTE: (1 mile = 5,280 ft. x 8 ft. wide =about 1 acre) MECHANICAL WEED ABATEMENT: Per Hour Overtime Rate Forman & Pick-up $40.30 $42.55 Man /Equipment $32.50 $37.00 GENERAL LABOR TRASH PICK-UP, HAULING, ETC: Per Hour Overtime Rate Foreman & Pick-up $38.00 $42.55 Per Man Hour $30.50 $37.00 TRACTOR /MOWING: $287.50/Ac $264.50/Ac $201.25 - $224.25/Ac Emer¢ency Response Rate $46.00 $42.55 Emer¢ency Resuonse Rate $46.00 $34.75 Equipment with Operator: $85.00 /Hr. (Minimum 4 Hours Charge) (Rate includes transportation cost) All of these rates reflect current "Prevailing Wage and Certified Payroll': Rene B. Martinez. Sr. -Cellular Phone: (951) 830-0239 - 24 Hours MONSANTO ttn~~trtex .March 7, 2008 .Dear Public Bid Representative: Monsanto Company 800 Noah Lindhergh Btvd. St. Louis, Mismurifi31fi7 Phone (314)694-1000 As you are aware, an increase in demand for glyphosate products has caused a tightening of the supply/demand balance in the industry which translates into increasing prices across the country and around the world. Monsanto Company is continually monitoring the market pricing for glyphosate and adjusting prices an a number of glyphosate based herbiade brands when necessary. As of 7:00 pm on February 12, 2008, Monsanto increased Rs pricing on the following Roundup® branded products used in your markets: • Roundup PRO®(2.5, 30 and-150 gallon containers) +8% • Roundup PRO Concentrete® (2.5 gallon container) +40% • Roundup PRO Concentrate® (30 and 150 gallon containers) +41% • Aquamastere (2.5 and 30 gallon containers) +28% • Aquamaster® (150 gallon containers) +30% • Ranger PRO® (2.5 gallon container) +38% • Ranger PRO® (30 gallon container) +40°k .Monsanto Company. is committed to providing a reliable supply to its distributors and continuing to deliver products wfth outstanding performance, warranty support and manufacturing quality. Please contact your local distributor iF you have any questions. Sincerely, J J.C. Buitrag Industnal Turf & Ornamental -Trees Nuts and Vines Business Lead Vt~6~ Curt Uebele Industrial Turf & Ornamental -Trees Nuts and Vines Marketing Manager ACORD CERTIFICATE OF LIABILITY INSURANCE oArEIMMroOrcrvrl ,~ 2 14 2008 PRODUDER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION van afurdsn inf. asrv. xnc. - Xingsburg ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Sox 67, 1600 Draper street HOLDER. THIS CERTIFICATE DOES NOT AMEND: EXTEND OR - ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. XSDgebur9 cA 93631 (559) 897.2975 INSURERS AFFORDING COVERAGE NAIC # INSURED IN6URER A: Llo df Of Loa Oa Raaa 8. Martinaa DBA: INSURER B: Raaa'f Commaseial HanaB~msat WBURER C: 1002 Luna Nay iato CA 92583-6816 Ban J WSURER D: ao BIBURER E: RAVCCARPM uw w-~:wiwf[~e•~K 1 THE PO ANY RE MAY PE POLICI LICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE G QUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR RTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MISR POLICY NUMBER Y f T N UMRB GENERAL LUIBNJTY EACN OCCURRENCE E A X X COMMERCUV GENERAL Lh101LITY NAC141507313 2/14/2008 2/1{/2009 EB ~E i 50,000 X CLAIMS MADE ^ OCCUR MED E%P M ens elfin i 5,000 X PH!/Herb. 8adt. PERSONALBADV DUURY f 1.000.000 X BI/PD Dad: 51000/OCa GENERAL AOGIIEOATE f 2 000,000 OENL AGGREGATE LIMfTAPPLIES PER: PROWCTS•COMPAP KiO S 1,000,000 X POLICY LOC AUT dAOBILE LIABILRY ANY AUTO - COMBINED SINGLE UMR (Ea acddM:p f ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (P«~~) MIRED AUTOS ~ NON-0WNEDAUTOS BODU.V INJURY O~xarddeM) f PROPERTY DAMAGE (Perfeddenp f GARAGE LUIBILITY AUTO ONLY-EA ACCIDENT S ANY AUTO 07HER THAN EA ACC S AUTO ONLY: AGG f EXCES8NMBRELVI LUIBIVTY EACH OCCURRENCE (- OCCUR ~ CLAIMS MADE AGGREGATE f S DEDUCTIBLE ~ 8 RETENTION f f WORNERS COMPEN8Al10N AND WC STATU- OTH- EMPLOYERS LUUlILfTY E.L EACH ACCIDENT E PNY PROPRIETOR/PARTNERIE%ECUTIVE OFFICER/MEMBER EXCLUDEOT - E.L. DISEASE-EA EMPLOYE f Nyee desalbe under SPEGIUIL PROVISIONS baow E.L. DISEASE-POLICY LIMff f O1NER DEeCPoPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCWSIONS ADDED BY ENDORSEMENT IBPEdAL PROVISIONS Hxcept 10 days for eon-payment of premium. CerCifioate Holder ie aemed ae Additional Insured as par the attachefl CG2030 (30/93) enfloreament. City of Temecula; Public Norke Dept. Attn: Brad eu 83200 evfineae Park Drive Temecula CA 92590-0000 e rnon oc /onna mRt SHOULD ANYOFTHEABOVE DESCRIBED POUdES BECANCELLED BEFORE THE E%PIRATION DATE THEREOF, THE ISSUING INSURER 4NLL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFlCATE HOLDER NAMED TO THE LEFTS BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGA710N OR LIABID7Y OF ANY KIND UPON THE INSURER, RS AGENTS OR REPRESENTAi1VE ~ / /j_ „~,„4 ArnRn IMPORTANT if the ceNflcate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the cartiNcete holder in Ileu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and wnditlons of the policy, certain polides may require an endorsement. A statement on this certifcate does not confer rights to the certificate holder in Ileu of such endorsement(s). DISCLAIMER The CeNflcate of Insurance on the reverse side of this form does not constltute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It atflrmaflvely or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25(2001!081 POLICY NUMBER: NAC141S07313 COMMERCIAL GENERAL LIABILITY Rene's Commercial Management CG 201010 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: City of Temecula 43200 Business Park Drive Temecula, CA 92590 SCHEDULE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. CG 201010 93 Copydght, Insurance Services Office, Inc., 1992 ^ CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPlNfATION INSURANC! FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-90-2008 GROUP: 000!38 POLICY NUMBER: 0004134-1007 CERTIFICATE ID: 28 CERTIFICATE EXPIRES:01-01-!008 Ot-01-l009/Ot-Ot-!009 THIS CERTIFICATE SUPERSlDES AND CORRECTS CERTIFICATE M 2 DATED 01-01-200! CITY OP TENECULA SK DEPARTMENT OF PUBLIC WORKS PO BOX 9083 TEMECULA CA 82699-9039 This Is to certify that we have issued a valid Workers' Compensation Insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation 6y the Wnd except upon 30 days advance written notice to the employer. We will also give You 30 days advance notice should this policy be cancelled prior to its normal expiration. This ceniflcate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwlihstandin~ any requirement, term or condition of any contract or other document wnh respect to whwh this certificate of insurance may be issued or to which it may pertain, the Insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. THORIZED REPRESENTATI ~!~ PRESIDENT UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COYERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'5LIABILITY LIMIT INCLUDING DEFENSE COSTS: 51,000,000 PER OCCURRENCE. ENDORSEMENT N2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2009 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. SK RECEI FEB 0 4 2000 EMPLOYER RENE'S fXI8S4ERCIAL MANAGEMENT 1002 WNA WAY SAN JACINTO CA 92683 [BDS,CN] SK iRev.z•osl PRINTED 01-30-20011 CERTHOLDER COPY SK STATE P.O. BOX 420607, SAN FRANCISCO,CA 94142-0807 COMPfNfAT10N INfURANC^ FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE RECEIVE I88UE DATF: 01-30-4008 p01.ICY NUMBER: 0004134-4 7 FEB 0 4 2008 CERTIFICATE ID: 47 CERTIFICATE EXPIRES:Ot-01-200 n,rvr,e~,~..ert,,, THIS CERTIFICATE SUPERSEDES tA}I~iil{RYtI CERTIFICATE M 4/ DATED 01-01.4008 CITY OP TEMECULA SK DEPT OP PUBLIC WORKS 19400 BUSINESS PARK OR TEMECULA CA 12880-9880 This is to certify that we have issued a valid Workers'Compensation Insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period Indicated Thla policy Is not subject to cancellagon by the fund except upon 90 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration This certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein NotwithsmndinV any requirement, term or condition of any contract or, other document wrth respect to which this certificate of insurance may be issued or to which it may pertain the insurance -. afforded by the policy described herein is subject to ali the terms, exclusions, and conditions, of such policy. HORIZED REPRESENTATI PRESIDENT UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE .UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 5 1,000,000 PER OCWRRENCE. ENDORSEMENT N2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2008 IS ATTACHED TO ANO FORMS A PART OF THIS POLICY.. EMPLOYER NARTINEZ, RENE OBA: RENE'S COMMERCIAL SK IUWAOEMENT 1002 LUNA WAY SAN JACINTO CA 82683 [BDS,CN) IREV.2-osl PRINTED 01-30-2008 CERTHDLDER COPY ~ATIE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 tNSURANC^ FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-01-2008 GROUP: POLICY NUMBER: 3014443-2008 CERTIFICATE ID: 41 CERTIFICATE EXPIRES: Ot-Ot-2008 01-Ot-R008/01-01-2008. CITY OF TEMECULA SK DEPT OF PUBLIC WORKS 18200 BUSINESS PARK DR TEMECULA CA 92680-3860 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the Glifornia Insurance Commissioner to the employer named below for the policy period indicated. Thispolicy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all th~e~te_r_ms~,v'ex~lusions, and conditions, of such policy. V ` HORIZED REPRESENTATI C.l PRESIDENT UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSD AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAM. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 51,000,000 PER OCCURRENCE. EMPLOYER MARTINEZ, RENE AND MARTINEZ, CYNTHIA SK 1002 LUNA WAY SAN JACINTO CA 82563 (REV.2-051 SK M0406 PRINTED 12-19-2007 CERTHDLOER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 t~"N°suwwHCi FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: Ot-01-2008 GROUP: POLICY NUMBER: 301443-2008 CERTIFICATE ID: ~ 3 ' CERTIFICATE EXPIRES: 01-01-200Y Ot-01-2008/01-01-2005 CITY OF TEMEgJLA SK DEPARTMENT OF PUBLIC WORKS P 0 BOX 5089 TEMECULA CALIPORNIA 52685-5039 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We wail also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. NotwithstandinS any requirement, term or condition of any contract or other document with respect to which this certificate of msuranee may be issued or to whii:h it may pertain, the insurance _ afforded by the policy described herein is subject to all the terms. exclusions, and conditions, of such policy. ` / -^v - ORIZED REPRESENTATI PRESIDENT UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES E%CLUDEO UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: E1,000,000 PER OCCURRENCE. EMPLOYER RENE'S COMMERCIAL MANAGEMENT 1002 LUNA WAY SAN JACINTO CA 82683 (REV.2-05) SK M0409 PRINTED 12-19-2007 SK CONTRACT FOR MINOR MAINTENANCE SERVICES BETWEEN THE CITY OF TEMECULA AND ROAD WORKS, INC. FOR FUTURE REPAIR, IMPROVEMENT AND MAINTENANCE UPON REAL AND PERSONAL PROPERTY OF THE CITY OF TEMECULA THIS MAINTENANCE CONTRACT, made and entered into as of June 10, 2008, by and between the City of Temecula ("City"), a municipal corporation, and Road Works, Inc. { "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Contract. The City may, upon mutual agreement, extend the contract for three (3} years additional term(s). In no event shall the contract be extended beyond three (3) years. 2. SCOPE OF WORK. Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"} and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A 3. PAYMENT. a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents {$50,000.00) for the total term of the Contract, unless additional payment is approved as provided in this Contract. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Contract which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 4. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons 1 engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Contract. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Contract with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages, and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http:l/www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 $50.00 far 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. 8. SUSPENSION OR TERMINATION OF CONTRACT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Contract, or any portion hereof, by serving upon the Contractor, at least ten (10) days prior, written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Contract, unless the notice provides otherwise. If the City suspends or terminates a portion of this Contract, such suspension or termination shall not make void or invalidate the remainder of this Contract. b. In the event this Contract is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Contract pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section 3 above. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Contract shall constitute a default. In the event that Contractor is in default for cause under the terms of this Contract, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Contract immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. 2 b. If the City Manager, or his delegate, determines that the Contractor is in default in the performance of any of the terms or conditions of this Contract, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Contract, to terminate this Contract without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Contract. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, andlor District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, Agency, andlor District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, andlor District. 11. INSURANCE REQUIRMENTS. Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, ar 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 ar 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3) Workers' Compensation Insurance as required by the State of California, and Employer's Liability Insurance. If the Contractor has no employees while performing under this Contractor, Workers' Compensation Insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3 3) Workers Compensation: as required by the State of California Employers Liability: One million ($1,000,000) per accident for bodily injury or disease. 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 or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor 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, ar be endorsed to contain, the following provisions: 1) The City, 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 Contractor; products and completed operations of the Contractor; premises awned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this Contract shall be endorsed to state: Should the policy be canceled before the expiration date, the issuing insurer will endeavor to mail thirty {30} days prior written notice to the City. 6) If insurance coverage is canceled ar reduced in coverage ar in limits, the Contractor shall within two (2) business days of notice from insurer phone, fax, andlor 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. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Contract, hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Contract on behalf of Contractor, shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Contract. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Contract. Except for the fees paid to Contractor as provided in the Contract, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor far injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Contract. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis far any claims whatsoever for extra compensation ar for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been 5 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. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Contract, the proceeds thereof, the Contractor, ar 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 Contract. 18. 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. 19. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION. [Select] 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. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Contract must be in writing and may be given either by (i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. TO Clty: Ma!!!nn Address: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager -or- Fhyslca! Address: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Road Works, Inc. 303 Short Street Pomona, California 91768 (909) 469-5101 Attention: Terry Blocker 23. ASSIGNMENT. The Contractor shall not assign the performance of this Contract nor any part thereof, nor any monies due hereunder, without prior written consent of the City Upon termination of this Contract, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination ar as may be otherwise agreed to in writing between the City and the Contractor. 24. LICENSES. At all times during the term of this Contract, Contractor shall have in full force and effect, all licenses required of it by law far the performance of the services described in this Contract. 25. 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 such litigation is filed by one party against the other to enforce its rights under this Contract, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE CONTRACT. This Contract contains the entire understanding between the parties relating to the obligations of the parties described in this Contract. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Contract and shall be of no further force or effect. Each party is entering into this Contract based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS CONTRACT. The person or persons executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR BY: (Signature) NAME: (Printed Named) TITLE: BY: (Signature) NAME: (Printed Named) Name of Contact Person at C Mailing Address of Company: Telephone No. of Company:_ Facsimile No. of Company:_ 8 EXHIBIT A SCOPE 4F W4RK The specific elements (scope of work) of this service include: EXHIBIT B PAYMENT RATES AND SCHEDULE 10 Sent ey: ; Road Works, Inc. 309 3horl St. Pomona, CA 81768 Phone:(808-488-5101 State Lic #561431 To: CITYOFTEMECUIJ4 Attn. BRAD BORON PO Box 8039 909 489 5712 Apr~25-07 13:731 Page 2f2 PROP05AL 07D074SC Temecula CA 82388 Phone (ARt) 804-8417. Oats 25128(17 Joh Name/LOCatbn ._-_.-.._. VARIOUS STREETS YARIOUS SiREE7S TEMECULA Jab Number Job phone Wa hereby eubm7l apeel8cetiona and estimates for: Re: Ctaek Sealing Road. SCOPE OF WORK: All racks In Road,1/8" to 1" in width, to sealed PREPARATION: Cracks to be deaned of dust and debris e t Depth to Width Ratio no greater than one to one prier to application of sealant using high pr ssure air system (110 psi). APPLICATION: Product to be applied in prepared sack at temperature of approximatety 380°F. PRODUCT: ROAD WORKS 306 Road sealant, 1 part t applietl elastically modified self leveiing asphalt composition sealeM for asphalt creeks, PNcels based on a 4-men Drew par 8-hour day. TERMS: Due Upon Comp. QUOTED 8Y: TERRY BLOCKER $7,SD0,00 We Pmpbse hereby fo kxniah material and IabOr -complete in aaordar WI mabrial is guarhntead b ha ae speci0ed.- Alt work k be completed b 9 ^ vrodrmanllka manner aocertgng to e~nderd pracgees: Any alteretbn Or deviedon 6om abo4A speci0eatlons Invofving aldra matswrli be executed only upon valitsn adera, and will become an extra charge over and ehovelhe ealimate. AN agre¢ments conOngeM Upon strikes. accidents br delays beypnd our contd. Owner to carry rrre, lomado and ether neoesaery inataenca. Our wetkefd ~racNellyQL~evered by Werkman'a t:omponsalbn Itlsurance. e, rrns andnCOntliebaa0pS0eEi6varaeslde are agev~etp~C6a, epe01flG3tlons, ( ) oryandarehereby eccepletl. You are aulhalzed to do the work as wedged. Paymanlvriil be made as outlines above. the above speG8ca8ons, torthe sum ot: 57,880,00 Aufiorized 91gneWre:.._. Note: TAIs proposal moy be vrilhdrawn aY ua it rot eccaplml xiRhin 45 days. Slgneture SignaWre .,. Oats Ol Aooepbrxs: ~~- I' I Sent -By: ROAD WORKS INC.; 909 469 5112 ; May-9-OB 2:27PM; Page 2/3 ACOR ,. nL,"° OH wLOOUCea CERTIFICATE OF LIABILITY INSURANCE Hllb RDgal ffi. ^bbs Insurance THIS CERTIFICATE 131$SVED AS A MATTER ONLY AND CONFERS NO RIGHTS UPON THE Services o(C Inc. ft0511288 HOI.pER. THIS CERTIFICATE DOE8 No7 qME 1045 WBBI Ka , Suite 300 ALTER THE COVERgGE_AFFORDED RY THE I Orange, CA 8 8 . ,,,_„___ ...: _. INSURERS AFFORDING rnvcuer_c R d W ks, InC. Inland Equipment arlne, LC Wllmar nduatrles, LLG 30 Short set P one, CA 1786 CGVERAGFR . DATE tawoormYf 08124!07 NAIC THE pCLICIES O ANV REO I R INSURANCE LI ED BELOW MAVE RFEN ISSUED TD THE IN$VRED NAMED ABOVE FOR THG POLICY PERIOD INDIC ' ' L I EM MAY ATED. NOTWITHS 1 ANUING NT, TERM OR CO ITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH YHIS CERTIF C T PERTAIN, 7 P I A E MAY aE ISSUED DR E INSURANCE AF RDED BY THE PGLIL'IES DESCRIBED YIEREIN IS SUBJECT TO ALL 711E TERMS E%CLUS OLICIES. AGG , ION9 AND CONDITIONS OF gUCM GATE LIMITR SHO MAV NAVE BEEN REDUCE06Y PAID CLAIMS. N R 1 PE OF WEUMNCE POLICY NUMBER POLICY EF NE POLICY IXPIpATI A X DF NERA uADILm CBP9314fj86 08118/07 08/18/OB LINn EacN OCCURNencE 3 11000 x CU ERGUL GENEWV. ugxILNY DAMAGE IV xBNTEO 'LAIMS MA O E OOp DE OCCUR MEO EXP LAIry one ermn) fS Opp. ' P x E0.aONALBADV INJUgv .. 81 OBO 00 o GENERAL 4DDNEGgTE $2 O GE NLA gE(tATE LMIIT APPLIEb PEN: PxD. PRODUCTS-COMP/DP ADD 32000000 PG V Ef LOL _ G AU YONO ILE LIABILITY BA8302511 08/18/07 08/18/08 x ANV ULO DDmaMEO SINCIE LIMIT (Ee+cNenl) 31,OOp,p00 ALL, WNEO AVTO$ $CN DDLEDAUTOS BDDIIY INJUHv (Per perm) - _ x IIIR AUIU$ x NON .wNEDAUT08 BODILY INJI/NY IPele¢idenl) 8 PNOPERTY OtwnnE 3 IPAr ercdenp DARADE IgBILnV AUTO ONLV.FA ACCIDENT >: ANY 1110 OTHER THAN EA ACC t ~~ AUTO ONLY: AGO t B ENCEb BRELLA LIABILITY CU955p59O /i BID7 08118!08 EACH OCCURRENCE S4 OOO Opp. OCC R ~LLAIM9 MODE AGGREGATE l4 OOO O00 $ OED CrIBLE , __ 3 x RFT TION L O t WORKEp6 GDM EN9APON AND WC STATW OTX. ENPLDYERa' BIIIIY M1NV YROPflIE H,PPRTNF.R'E%F.GIITNC E.L, EACN PCCIDF.NT E OFRCEP/MEND RENCLWF:DT II ee UeeniWu e EL DISEASE.EA EMPLOYE@ P , W E.1. DIRF,ARF- POIICYIIMIT b A °TMEp Ineln Marine CBP8514B86 08116107 08h B PER SCHEDULE ON FILE DEECRIPTIDN OF DPF ATIGNFILOCATIDNS/VEHICLESIERCLUBIONS ADDED aY ENDORBENENTI9PECLAL PNnv1310NS RE: On Going peratlona for Street Maintenance City of Temecu ,Public Works, Maintenance Olvlalon, its officers, officials, emplD ees and volunteers are named additlDnal Insured with respects to ge rat liability and Insurance Is PRIMARY per attached (See Attached ascrlptlDnO) CI of Temecula P 0 0ox 9833 Te, ecula, GA 82589 LO ANY OF THE ABOVE DESCRIBED PDLICIEB BE to LLED BEiORE THE E%PIRAnON THEgEDF, TNEIBNINO INSUgER WILL ENBEAYOR TOM gyp! DAYe WpIREN 6 TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT ANLVRE TO DO 90 SHALL i ND DSUBgTON DR LIA01LrrY OF ANy KIND VPON TXE INSU0.EIE ITS AGENTS DR :afiNTATNEI. AcoaD ze I2ootr~pll of 3 aMS481pa - 2JMEN o _ _ Sent 'By: ROAD WORKS INC.; 909 489 5112 ; Mey-9-OB 2:2BPM; Pege 3/3 -~~-~ ~ ~~ "°"" DBIe: 11/5A7 16:92 AM Page' 7 b! t4 4~ ~ CERTIFICATE OF LIABILITY IN PRDpDG SURANCE Parsee surance Assoc. ,Zne THIS CERTIFICATE 191ssUED A& G1C~nse . 0786033 ONLY ANO CONFER$NO RIGMT8 584 S. and Avenge HOLDER. THIS CERTIFICATE OOE Covina ~ 91729-3409 ALTER TNECOVERAGEAFFORO! Prione: 6' " 6-966-1791 Pax: 626-331-8132 LlsunED ~" - ~~ ~-~~~-~ _ ._, INSURERS AFFORDINGC0VERAGE ~ ' iNSURHR n' ..,. .aoa•n :n. u.• rei INSURER H' Oad WOIkE InC IN.tiVRERC omona CA 91768 IwuRtRD: ..-.. _ IN.M1. IRfRY ..-..- C8R R1C DATE IMMNDnyyyl ROAOW-1 12/05 07 NATTER OF INFORMATION 'ON THE CERTIFICATE N07 AMENO, E%TEND OR BY 7HE POLICIES BELOW. NAIC N -...-.. -IE POLICIES FINSUWW;E LISPED gcLOW INvF BEEN IS'BUEO TOIHF INSUREDNAhEO AR qNV HEUVVIE NAV PERTAIN. . WEPOR TNN nOUCV PemOD INDICgrED. 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TNEIi%UWGINeupERN1LL ENOEPVOR TO M4L 3D• pAYi WRITTEN C~' y Of TEm1eCU la ~ NOTICE TO THE CEPTIFICATE MOLOEp NPMBP Tn THE LEPT. our FAILURE TO DO Y0 Y41ALL At n: 9teVe IMPOEE NO OBLIGATION Oq UPtlILMY OF ANY HIND VPON THE INBIIRER. RS AGEMY OR 93 OD BuEi nltS park Driva gEPgEiEMATNEe. T ecula CJ1 92590 AVTNO PgEYENTATI ACORD 21(3001 8) wnwnv L.VRNRAIIVR IYtltl CONTRACT FOR MINOR MAINTENANCE SERVICES BETWEEN THE CITY OF TEMECULA AND STRONG'S PAINTING FOR FUTURE REPAIR, IMPROVEMENT AND MAINTENANCE UPON REAL AND PERSONAL PROPERTY OF THE CITY OF TEMECULA THIS MAINTENANCE CONTRACT, made and entered into as of June 10, 2008, by and between the City of Temecula ("City"), a municipal corporation, and Strong's Painting { "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Contract. The City may, upon mutual agreement, extend the contract for three (3} years additional term(s). In no event shall the contract be extended beyond three (3) years. 2. SCOPE OF WORK. Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"} and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A 3. PAYMENT. a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents {$50,000.00) for the total term of the Contract, unless additional payment is approved as provided in this Contract. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Contract which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 4. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons 1 engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Contract. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Contract with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages, and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http:l/www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 $50.00 far 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. 8. SUSPENSION OR TERMINATION OF CONTRACT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Contract, or any portion hereof, by serving upon the Contractor, at least ten (10) days prior, written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Contract, unless the notice provides otherwise. If the City suspends or terminates a portion of this Contract, such suspension or termination shall not make void or invalidate the remainder of this Contract. b. In the event this Contract is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Contract pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section 3 above. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Contract shall constitute a default. In the event that Contractor is in default for cause under the terms of this Contract, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Contract immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. 2 b. If the City Manager, or his delegate, determines that the Contractor is in default in the performance of any of the terms or conditions of this Contract, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Contract, to terminate this Contract without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Contract. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, andlor District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, Agency, andlor District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, andlor District. 11. INSURANCE REQUIRMENTS. Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, ar 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 ar 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3) Workers' Compensation Insurance as required by the State of California, and Employer's Liability Insurance. If the Contractor has no employees while performing under this Contractor, Workers' Compensation Insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3 3) Workers Compensation: as required by the State of California Employers Liability: One million ($1,000,000) per accident for bodily injury or disease. 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 or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor 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, ar be endorsed to contain, the following provisions: 1) The City, 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 Contractor; products and completed operations of the Contractor; premises awned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this Contract shall be endorsed to state: Should the policy be canceled before the expiration date, the issuing insurer will endeavor to mail thirty {30} days prior written notice to the City. 6) If insurance coverage is canceled ar reduced in coverage ar in limits, the Contractor shall within two (2) business days of notice from insurer phone, fax, andlor 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. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Contract, hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Contract on behalf of Contractor, shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Contract. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Contract. Except for the fees paid to Contractor as provided in the Contract, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor far injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Contract. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis far any claims whatsoever for extra compensation ar for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been 5 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. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Contract, the proceeds thereof, the Contractor, ar 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 Contract. 18. 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. 19. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION. [Select] 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. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Contract must be in writing and may be given either by (i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. TO Clty: Ma!!!nn Address: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager -or- Fhyslca! Address: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Strong's Painting 31265 Saddleback Lane Menifee, California 92584 {951) 679-4554 Attention: Gary Strong 23. ASSIGNMENT. The Contractor shall not assign the performance of this Contract nor any part thereof, nor any monies due hereunder, without prior written consent of the City Upon termination of this Contract, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination ar as may be otherwise agreed to in writing between the City and the Contractor. 24. LICENSES. At all times during the term of this Contract, Contractor shall have in full force and effect, all licenses required of it by law far the performance of the services described in this Contract. 25. 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 such litigation is filed by one party against the other to enforce its rights under this Contract, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE CONTRACT. This Contract contains the entire understanding between the parties relating to the obligations of the parties described in this Contract. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Contract and shall be of no further force or effect. Each party is entering into this Contract based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS CONTRACT. The person or persons executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR BY: (Signature) NAME: (Printed Named) TITLE: BY: (Signature) NAME: (Printed Named) Name of Contact Person at C Mailing Address of Company: Telephone No. of Company:_ Facsimile No. of Company:_ 8 EXHIBIT A SCOPE 4F W4RK The specific elements (scope of work) of this service include: EXHIBIT B PAYMENT RATES AND SCHEDULE 10 MAY 0 6 298 ~~ ~, ,t~ ,, K ~~ ,< ~M~cuu License ~ 68'~2"15~ 5 A ~ `~ ~ ? ~ R C V D STRONG'S PAINTING 31265 SADDLEBACK LANE MENII'EE, CA 92584 (951) 679-4554 FAX (951)679-4554*51 May 5 2008 City of Temecula P.O. Box 9033 Temecula, Ca. 92589-9033 Attn: Brad Buron Department Public Works Re: Time and Material Sheet Strong's Painting has been in business for 30 years and is family owned and operated. We specialize in interior/exterior painting, small drywall repair, texturing, stucco repair, power washing, wallpaper removal and hanging and light maintenance work. We currently carry a $1,000.000.00 per occurrence policy naming the City of Temecula as an additional insured and will send upon request. We are also members of the Better Business Bureau and hold a state contractors license. Hourly rate: $40.00 per hour Holiday and weekend rate: $55.00 per hour Markup on parts, materials and equipment is not more than 12% Thank you, Gary Strong Strong's Painting ITEM RI~J. S 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: June 10, 2008 SUBJECT: Third Amendment to Construction Contract for Fiscal Year 2008-2009 Citywide Street Striping Program -Project No. PW05-02 PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the Third Amendment to the Construction Contract with Pacific Striping, Inc. for Fiscal Year 2008-2009 Citywide Street Striping, Project No. PW05-02 for an amount of $275,000.00 and authorize the Mayor to execute the amendment. BACKGROUND: On June 28, 2005 the City Council approved the annual FY2005-2006 Street Striping Program in the amount of $99,555.00. The Street Striping Program arranges for Citywide re-painting of street striping and pavement markings twice per year for maintenance. The work may also include the removal of existing stripes and the placement of new traffic stripes and pavement markings as directed by the engineer in the field. The construction schedule is a yearly contract, which began July 1, 2005. This contract does contain a provision that allows the contract to be extended on a yearly basis by mutual agreement of both parties. Additionally, City Staff may extend this contract in one year increments for each of the following three (3) fiscal years beginning July 1 and ending June. 30. The quantities of work and individual unit prices shall be negotiated with the contractor at the time of extension. Renegotiated unit prices shall be valid for that fiscal year. In no event shall the contract be extended beyond June 30, 2009. The First amendment for an amount not to exceed $250,000.00 was necessary due to additional requests from the Public Works Traffic Division and various Capital Improvement Projects and the annexation of the Redhawk area and additional roads that have been accepted into the City's Maintained Street System. The Second Amendment for Fiscal Year 2007-2008 extended the contract term through June 30, 2008 for an amount not to exceed $250,000.00 for additional street striping requests for the Public Works Traffic Division and various Capital Improvement Projects plus additional roads that have been accepted into the City's Maintained Street System. This Third Amendment for Fiscal Year 2008-2009 for an amount not to exceed $275,000.00 is necessary due to additional requests from the Public Works Traffic Division and various Capital Improvement Projects and the additional roads that have been accepted into the City's Maintained Street System. FISCAL IMPACT: This Third Amendment amount of $275,000.00 plus the Second Amendment amount of $250,000.00 plus the First Amendment amount of $250,000.00 and original contract amount of $99,555.00 for a total contract amount of $874,555.00. Adequate funds are available for Fiscal Year 2008-2009 for Public Works Maintenance Division and Traffic Division Qperating Budgets. ATTACHMENTS: Amendment No. 3 THIRD AMENDMENT TO CONTRACT BETWEEN CITY OF TEMECULA AND PACIFIC STRIPING, INC. FISCAL YEAR 2008-2009 STREET STRIPING PROGRAM PROJECT NO. PW05-02 THIS THIRD AMENDMENT is made and entered into as of June 10, 2008, by and between the City of Temecula, a municipal corporation ("City") and Pacific Striping, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On June 28, 2005 the City and Consultant entered into that certain agreement entitled "City of Temecula Contract for the Citywide Street Striping Program, Project No. PW05-02 ("Contract") in the amount of Ninety Nine Thousand Five Hundred Fifty Five Dollars and No Cents ($99,555.00) with a three (3) year option to renew the term of the contract. B. The Contract was amended on June 26, 2007 for additional Citywide Street Striping Services in the amount of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00) as well as extend the term of the contract to June 30, 2008; and again on June 13, 2006 for Citywide Street Striping Services in the amount of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00) as well as extend the term of the contract to June 30, 2007.. C. The parties now desire to increase the payment for additional Citywide Street Striping Services in the amount of Two Hundred Seventy Five Thousand Dollars and No Cents {$275,000.00) as well as extend the term of the contract to June 30, 2009 and amend the Contract as set forth in this Amendment. 2. Section 4a. Contract Amount and Schedule of the Contract is hereby amended to read as follows: "a. The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The Third Amendment shall not exceed Two Hundred Seventy Five Thousand Dollars and No Cents ($275,000.00) for additional Citywide Street Striping, Project Na. PW05-02 for a total contract amount of Eight Hundred Seventy Four Thousand Five Hundred Fifty Five Dollars and No Cents ($874,555.00)." 3. Section 5. Term of the Contract is herby amended to read as follows: "The work to be performed shall be completed within the fiscal year July 1, 2008 to June 30, 2009 unless terminated or extended as provided herein. Work shall begin after execution of the contract and a Notice to Proceed as been issued. The City reserves the right to extend this contract in one year increments for each of the following three (3) fiscal years beginning July 1, 2006. The quantities of work and individual unit prices shall be negotiated with the contractor at the time of extension. Renegotiation unit prices shall be valid for that fiscal year. In no event shall the Contract extended beyond June 30, 2009." i C: IPROGRAM FILES (X86)INEE~L4.COMI DOCUMENT CON~ERTERITEMPI882854.DOC 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full farce and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Michael S. Naggar, Mayar ATTEST: BY: Susan W. Jones, MMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONSULTANT BY: NAME: Scott Fisher TITLE: Owner BY: NAME: TITLE: (Two Signatures Required For Corporations) z C: IPROGRAM FILES (X86) IIJEE ALA. r ~OMI DOCUMENT CON~ERTEft I TEMPI882854. DOC 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 DATE: June 10, 2008 SUBJECT: Annual Purchase Agreement for Citywide Street Name Signs, for Fiscal Year 2008-2009 PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve an annual agreementwith Main Street Signs for the purchase of Citywide street name signs, traffic control signs, replacements and materials for repairs in the amount of Seventy Five Thousand Dollars and No Cents ($75,000.00) for Fiscal Year 2008-2009 and authorize the Mayor to execute the agreement. BACKGROUND: The Public Works Maintenance Division requested quotes from three (3) sign manufacturing vendors for the purchase of Citywide street name signs, traffic control signs, and hardware for sign replacements and repairs. Main Street Signs provided the lowest quote for the Citywide signs and necessary hardware for new installations, replacement, repair and related hardware. Main Street Signs has been providing all City street name signs and repair hardware for 14 years. In obtaining price quotes from various vendors, Main Street Signs has consistently been the lowest and most responsible bidder in providing the City with exceptional; and reliable service for the past 14 years. Now that the City has grown, our needs for street name signs and repair hardware has increased resulting in costs exceeding $60,000.00. In order to remain consistent with the City's current street name sign stock, and to maintain the ability to provide signs and hardware within 24 to 48 hours from the vendor for sign installations and repairs we are requesting approval to enter into a contract with Main Street Signs for these services. FISCAL IMPACT: Adequate funds are programmed in the Fiscal Year 2008-2009 Operating Budget for the Public Works Department, Maintenance Division and Public Works Traffic Division Signs Account. ATTACHMENTS: Contract Quotes NON-EXCLUSIVE COMMODITY AGREEMENT PUBLIC WORKS MAINTENANCE DIVISION CITY STREET NAME SIGNS ANNUAL AGREEMENT FY08-09 CITY OF TEMECULA 43200 Business Park Drive Temecula. California 92590 THIS AGREEMENT is made and entered into as of June 10, 2008, by and between the City of Temecula, a municipal corporation and Main Street Signs (Vendor}. In consideration of the promises and mutual agreements herein contained, the parties hereto agree as follows: 1. Purchase of Goods. Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for the non- exclusive procurement of retail goods as specified on Exhibit A, attached hereto and incorporated herein as though set forth in full. The Vendor understands this Agreement is non- exclusive and the City reserves the right to purchase similar goods from other vendors. 2. Term of Agreement. This Agreement shall commence on July 1, 2008 and shall terminate as of June 30, 2009. 3. Payment. The City agrees to pay the Vendor for merchandise ordered and received with an annual not to exceed amount of Seventy Five Thousand Dollars and No Cents ($75,000.00) for the total term of the Agreement. Vendor will submit invoices monthly for actual merchandise ordered and received. Invoices shall be submitted between the first and fifteenth day of each month for merchandise delivered and accepted. Payment will be made within thirty {30} business days following the receipt of invoice as to all non-disputed fees. The not to exceed purchase amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases. 4. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery, and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute legal, valid, and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Operating Condition. Vendor has good and marketable title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions, and restrictions except for such as may be created or granted by City. All of the merchandise is in good condition, free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Vendor's catalog, website, retail store, quote or in the Contract Documents that may be attached hereto or incorporated herein. r:\Maintain\annual agreements\contract masters\2008-2009\Main Street Signs 06-07 Agrmt c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. Time and Place of Delivery. The date and time of delivery of the merchandise shall be stated at time of order. The merchandise shall be delivered to the City location as stated on the purchase order or at time of merchandise order. 6. Risk of Loss. Risk of loss, damage and destruction of the merchandise shall remain with the Vendor until after inspection and acceptance of the merchandise by City. 7. Inspection and Acceptance. City shall inspect the merchandise at the time and place of delivery. Such inspection may include reasonable review by City. If in the determination of the City, the merchandise fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise shall be deemed accepted by City as of the date of receipt. 8. Rejection. In the event of such notice of non-conformity by City pursuant to Section 7, City may, at its option (1) reject whole of the merchandise, (2) accept the whole of the merchandise, or (3} accept any commercial unit or units/portions of the merchandise and reject the remainder. The exercise of any of the above options shall be "without prejudice" and will full reservation of any rights and remedies of City attendant upon breach. In the event of such notice and election by City, the City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions Vendor shall indemnify in full for such expenses. 9. No Replacement of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the merchandise tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the merchandise or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 10. Non-Assignability. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. Independent Contractor. The Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Work under this Agreement an behalf of the ContractorlVendor shall at all times be under Contractor's/Vendor's exclusive direction and control. 12. Legal Responsibilities. The Vendor shall keep itself informed of all local, State, and Federal ordinances, laws, regulations, and procedures which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Vendor shall at all times observe and comply with all such ordinances, laws, regulations and procedures. The City, and its officers, agents, employees, and volunteers shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 13. Indemnification. The Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, z r:\Maintain\annual agreements\contract masters\2008-2009\Main Street Signs 06-07 Agrmt demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 14. Termination or Suspension. This Agreement may be terminated or suspended at any time, for any reason, with or without cause at the sole and exclusive discretion of the City Manager, without default or breach of this Agreement by the City. 15. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, and performance of this Agreement. 16. Remedies. The remedies and rights conferred on the City by this Agreement are in addition to and cumulative of all other remedies and rights accorded the City under law or equity. 17. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties 18. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. 19. Entire Agreement. This is the entire agreement between the parties regarding the commodities purchased by this Agreement. Any modification or amendment of this Agreement shall not be effective unless in writing and assigned by the parties to this Agreement. 3 r:\Maintain\annual agreements\contract masters\2008-2009\Main Street Signs 06-07 Agrmt IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date 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 Vendor: Main Street Signs 1211 W. Brooks St., #A Ontario, CA 91762 Phone: {909} 391-0988 FAX: {909} 391-0249 Chuck Atha, Owner 4 r:\Maintain\annual agreements\contract masters\2008-2009\Main Street Signs 06-07 Agrmt Exhibit A Description and Price List of Merchandise r:\Maintain\annual agreements\contract masters\2008-2009\Main Street Signs 06-07 Agrmt 04/28/2008 22:59 9093910249 Apr 22 2008 2:43 City cf Temecula PAGE 02/02 908-694-6475 p.l CITY OF TEMECULA Quo#e TO: /17q~,,, S~'R,~ S b•o S ~ cffr~cc% .4'Th~A•~ FROM: ,~1~-.~F•fl 73u2o~ • DATE: H-2~~0~ FAX: 4S/- (a P`~- 6</7 S 'SIGN DESCRIPTION QTY. UNit TOTAL R1-1 STOP SIGN 30" HI; INT. 1160 ~ ;35. ©O R2-1.25 SPEED LIMIT (25) 24 x 30 1 \ lo. y b , q4-7 KEEP RIGHTSXMBOL 24 X 30 1 (b. yb W55 FLOODED 30" 1 ZD•Slo W5 CURVE (ARROW) 36" 1 Z°1•~ ~ C1N ROAD CONSTRUCTION AHEAD 36" 1 Z°\ •le\ R26 NO PARKING ANY TIME 12 X 1B 1 S• pp C5 DETOUR W/ARROW .36 X 12 1 \d,p'~ 'We-1 STOP' AHEAD 36" 1 Z~ b ` W3-3 SIGNAL AHEAD 36" 1 zo~•~p\ . S1 r1 SCHOOL XINO 36" 1 Z oL ~ 1 W1B•iP SCHOOL ARROW 24".X 12" 1 \~ Ol RT•4 ALL WAY 6" X 12" 1 ~~.5'O a,~6. i 7' Ti7X o?a , 63; • TQTAL a : $ FROM - (TUE>APR 29 2009 13: 60 /Si. 13: 49/NO. 0600000966 P 1 CITY OF TEMECULA Quote T0. Zu~z4,2 ~j,z,~,~ (,-usT~F'aon~ FROM: B~tD 13u2~ ~ DarE: y-2~'-aF~ ZUMAR INDUSTRIES, INC. 9719 SANTA FE SPRINGS RD. FAX; ~j$'/- G ~~/-(, ~/?Sr SANTA FE SPRINGS, CA 90670 SIGN DESCRIPTION QTY. UNIT TOTAL R7-1 STOP S1GN 30" HI -INT. 1160 .. IJ ga ~~ 1 3 C.rz , So R2-1-25 SPEED LIMIT(25) 24.x30 .,OSo ~E6 1 ~ L.¢. ~ LQ R4-7 KEEP RIGHT SYMBOL 24 X 30 1 ~ ~ , 53Cy W55 FLOODED 30" 1 a. ~ 5 i~ W5 CURVE (ARROW) 36" 1 30, '~ Ut, C18 ROAD CONSTRUCTION AHEAD 36" 1 3 p. '] (s- R26 NO PARKING ANY TIME 12 X 18 1 ~ . J C C5 DETOUR WlARROW 36 X 12 1 //, ~ O ( W3-1 STOP AHEAD 36" 1 ~S 37 W3-3 SIGNAL AHEAD 36" 1 3S 37 51-1 SCHOOL XING 36" 1 3p, 7 (~ W16-7P SCHOOL ARROW 24" X 12" 1 ~ ~ d R1.4 ALL WAY 6" X 12" 1 Zed l .!~ T4?( Z. 1 4S 3 TOTAL $ 303 , ~ L ~ ..n nfiT nrn~n nm~ ~n F. ..n~a..n ..u~ ~.. ,...... .n~i.... FROM (TUE)APR 29 2008 10:09/ST.10;09/No,6815556675 P 1 APR 2 9 2008 CITY 4F TEMEGULA Quote ~~ ~Es'~xn/ 1fidA~L~Y,4y ~Qo~usTS -:`•'~t r:,~:4.:~~~.s ~~M: L~aA-o F3 k ae.~G w B : s-rh N'~v r1 ' DATe: c.l•-2 Q_ ~^ ~-' F~F1G+~~ ;. t'~ /Av0 lI '~1i.MS ', ff~'r "30 pax: ~;,5-/ - 6 9 ~./.. E 4i -; r' i-atvnM~.: S-7 wKe. aay s I pl-'~ ~ 970P SIGN 30" HI - IfvT. 1160 i ~ 63 • 00 ~~00 I R2-t,~5 ! SPEED Llhtt7 (26i 2~F>t 3b ~ 1 3 I ,q 5 j(- q5 ~ Ra-% ~ KEEP RIGHT SYPdB04 2a X 30 ' 1 3 1 • q 5 ~ 3i , q a W'S3 ~ F1,DODE0 30" t ~ ~ $• (00 ,j`h • ~iO j WO I CURVE (ARRUWj 36" I 1 35 s) ~~ f ~~ , . G"t~ j ROAD CON6TRU4'TIOk AIiEAD 36" ~ 1 Jr ~ , 9J 5 i 5~. 35 f A28 ; NG PARKING ANY TIME t 2 N ; g ~ 1 ~ I . 2(7 i I (~ C5 ~ DE7QLip W/ARROW 3F X is j 1 ~.0~, rJ ~ ~y~~~ i .N3-i ~ STUP AHEAp 9B" 1 $rj , I C7 ~ J`~`J ~ I (~ I • i~V3-3 - + SI(i,NAL ANEAp~30" ~ j , ~ ~ $5'. , a 55• to S1-t i SCHOGL XING 3R" ~ i ! ,`" S~ ~ 35~ h~ ,j' • ~ 5 W1G-7P , SCIHUOL appOW 2d" X ??^'~ ~ 1 i j ~i + ~O~ j p~ ~ ~c r~0O Ri~4 ~ALLWAYB"J(+Q'• I 1 IOr~O' ~(7~C7~ tl . j I ---_..._.- ~----_..___.,_...._._.,_ i I --- ~U o'r`~"i~ CG . EuGt=(~l FG-2- YT~M ONES IF ~TNE Sc S ((71~ ~ ~ RE R~c<~UI(Cr;~ DG-3 VL-VOP.E5C,~'f El~l.cW~b6~rl~ PR ILA r.1 G i S •(~ `~3•SU Ftn,D~25~ to RES~~G'1-i~~--r_y , ITEM N~}. 1d 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: June 10, 2008 SUBJECT: Annual Purchase Agreement for FY2008-2009 for the Purchase of Asphalt Products PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the purchase agreement for Fiscal Year 2008-2009 with CalMat (dba Vulcan Materials Company) for the purchase of Hot MixAsphaltand SS1 H Emulsion Tack for street and pothole repairs in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00) and authorize the Mayor to execute the agreement. BACKGROUND: Due to additional streets that have been annexed into the City and streets that have been accepted into the City's street maintenance system, the Public Works Maintenance Division has experienced an increase in the number of streets and potholes that require repairs. This results in an increase in the quantity of hot mix asphalt and SS1 H tack needed to provide street maintenance and repairs for the Fiscal Year 2008-2009. Therefore we are requesting that the City Council approve the purchase agreement with CalMat, for Fiscal Year2008- 2009. CalMat is currently a sole source vendor in the Southwest Riverside County for the purchase of hot mix asphalt and SS1 H emulsion tack which can only be purchased at two (2) plant locations in Romoland and Corona. FISCAL IMPACT: Adequate funds are currently programmed in the Fiscal Year 2008- 2009Operating Budget for the Public Works Department, Maintenance Division for Routine Street Maintenance. ATTACHMENTS: Purchase Agreement NON-EXCLUSIVE COMMODITY AGREEMENT PUBLIC WORKS MAINTENANCE DIVISION HOT MIX ASPHALT and SS1 H EMULSION TACK ANNUAL AGREEMENT FY 2008-2009 CITY OF TEMECULA THIS AGREEMENT is made and entered into as of June 10, 2008, by and between the City of Temecula, a municipal corporation and CalMat (dba Vulcan Materials Company) (Vendor). In consideration of the promises and mutual agreements herein contained, the parties hereto agree as follows: 1. Purchase of Goods Intent of Parties. Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for the non-exclusive procurement of hot mix asphalt and emulsion as specified on Exhibit A, attached hereto and incorporated herein as though set forth in full. The Vendor understands this Agreement is non-exclusive and the City reserves the right to purchase similar goods from other vendors. 2. Term of Agreement. This Agreement shall commence on July 1, 2008 and shall terminate as of June 30, 2009. 3. Payment. The City agrees to pay the Vendor for actual material ordered and received with an annual amount not to exceed One Hundred Thousand Dollars and No Cents ($100,000.00). City acknowledges that the cost of the materials is variable and can rise or lower depending on market place variable. The City may purchase up to the maximum value specified herein. Vendor will submit invoices monthly for actual merchandise ordered and received by City. Invoices shall be submitted between the first and fifteenth day of each month for merchandise purchased and accepted. Payment will be made within thirty (30} business days following the receipt of invoice as to all non-disputed fees. The not to exceed purchase amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases. 4. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery, and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute legal, valid, and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Operating Condition. Vendor has good and marketable title to all of the material. All of the material is free and clear of any restrictions on or mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions, and restrictions except for such as may be created or granted by City. Vendor warrants to the City, only that the materials sold hereunder shall be of the quality specified in this Agreement. Vendor warrants to the City r:lMaintain\annual agreements\contract masters\2008-2009\Cal Mat Agrmt 08-09 only that for a period of one (1) year from the date of delivery that the materials sold hereunder substantially comply with City's specifications for said materials. Seller hereby excludes all warranties of merchantability and fitness for any purpose, and all other warranties expressed or implied, of the materials sold hereunder, other than express warranty stated above. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. Time and Place of Purchase of Material The date and time of delivery of the material shall be at a mutually agreed upon schedule. City is to give Vendor a proposed schedule for delivery and a reasonable time before delivery is to be made. The material shall be picked up by the City at one of the business locations as stated on the purchase order or at time of material order. Vendor's obligation to deliver is subject to Vendor's prior express agreement regarding proposed schedule, and is further subject to the availability of transportation and the availability of material. 6. Inspection and Acceptance. City shall inspect the material at the time and place of purchase. Such inspection may include reasonable review by City. If in the determination of the City, the material fails to conform to the composition required for usage, City shall so notify Vendor at the time of pick-up of material by City. Failing such notice, the material shall be deemed accepted by City as of the date of receipt. 7. Rejection. In the event of such notice of non-conformity by City pursuant to Section 7, City may, at its option (1) reject whole of the material, (2) accept the whole of the material, or (3) accept any commercial unit or units/portions of the material and reject the remainder. The exercise of any of the above options shall be "without prejudice" and will full reservation of any rights and remedies of City attendant upon breach. In the event of such notice and election by City, the City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions Vendor shall be responsible for reasonable expenses incurred. 8. No Replacement of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the material tendered and the tender itself will conform fully to the terms and conditions of the Agreement an the original tender. In the event of rejection by City of the whole of the material or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor ar engage in subsequent efforts to effect a cure of the original tender by Vendor. 9. Non-Assignability. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 10. Independent Contractor. The Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Work under this Agreement on behalf of the Contractor/Vendor shall at all times be under Contractor's/Vendor's exclusive direction and control. 11. Legal Responsibilities. The Vendor shall keep itself informed of all local, State, and Federal ordinances, laws, regulations, and procedures which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Vendor shall at all times observe and comply with all such ordinances, laws, regulations and z r:lMaintain\annual agreements\contract masters\2008-2009\Cal Mat Agrmt 08-09 procedures. The City, and its officers, agents, employees, and volunteers shall not be liable at law or in eauity occasioned by failure of the Vendor to comply with this section. 12. Indemnification. The Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including reasonable, actual attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, ar damage to property arising out of negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. Vendor, however, shall not be obligated under this Agreement to indemnify City for the negligence or willful misconduct of City or its agents or employees. 13. Termination or Suspension. This Agreement may be terminated or suspended at any time, for any reason, with or without cause at the sole and exclusive discretion of the City Manager, without default or breach of this Agreement by the City. At such time of termination ar suspension, Vendor shall be entitled to payment for outstanding amount due Vendor for deliveries shipped prior to City's termination or suspension of this Agreement. 14. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, and performance of this Agreement. 15. Remedies. The remedies and rights conferred on the City by this Agreement are in addition to and cumulative of all other remedies and rights accorded the City under law ar equity. 16. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties 17. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. 18. Entire Agreement. This is the entire agreement between the parties regarding the commodities purchased by this Agreement. Any modification ar amendment of this Agreement shall not be effective unless in writing and assigned by the parties to this Agreement. 3 r:lMaintain\annual agreements\contract masters\2008-2009\Cal Mat Agrmt 08-09 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date 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 Vendor: CalMat (dba) Vulcan Materials Company 2400 W. Highland Ave. San Bernardino, CA 92407 Phone: (909) 421-4162 Don Luna, District Sales Manager John Gasparo, Area Sales Manager 4 r:lMaintain\annual agreements\contract masters\2008-2009\Cal Mat Agrmt 08-09 Exhibit A Annual Purchase of Hot Mix Asphalt and SS1 H Emulsion Tack for Street and Pot Hole Repairs at market pricing to exceed amount for non-exclusive purchase of hot mix asphalt and SS1 H emulsion tack is $100,000.00. This purchase amount listed herein is an estimated expenditure and this agreement attached hereto as though set forth in full does not guarantee vendor this amount in purchases. r:lMaintain\annual agreements\contract masters\2008-2009\Cal Mat Agrmt 08-09 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: June 10, 2008 SUBJECT: Annual Purchase Agreement for FY2008-2009 for the Purchase of Traffic Control Materials for Various City Wide Projects PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the purchase agreement for Fiscal Year 2008-2009 with Traffic Control Services for the purchase of traffic control materials for various city wide project in the amount of Fifty Thousand Dollars and No Cents ($50,000.00) and authorize the mayor to execute the agreement. BACKGROUND: Due to additional streets that have been annexed into the City and streets that have been accepted into the City's Street Maintenance System, the Public Works Maintenance Division has experienced an increase in the number of street and curbs requiring re- painting and new stencil/legends. This results in an increase in the quantity of street stencil paint and materials needed to provide street maintenance and repairs for the Fiscal Year 2008-2009. Therefore we are requesting that the City Council approve the purchase agreement with Traffic Control Services, for Fiscal Year 2008-2009. Traffic Control Services is currently the low bidder vendor in the Riverside and San Diego Counties for the purchase of Caltrans approved street stenciling paint. FISCAL IMPACT: Adequate funds are currently programmed in the Fiscal Year 2008- 2009Operating Budget for the Public Works Department, Maintenance Division for Routine Street Maintenance. ATTACHMENTS: Purchase Agreement Quotes NON-EXCLUSIVE PURCHASE AGREEMENT BETWEEN THE CITY OF TEMECULA AND TRAFFIC CONTROL SERVICE, INC. FOR TRAFFIC CONTROL MATERIALS FOR VARIOUS CITY WIDE PROJECTS This Purchase Agreement {"Agreement"} is made as of June 10, 2008 by and between the City of Temecula ("City"), a municipal corporation, and Traffic Control Services ("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purchase and Sale of Merchandise. On and subject to the terms and conditions set forth in this Agreement and the Contract Documents, Vendor agrees to sell and deliver to City merchandise as more particularly described in Exhibit A, Description of Merchandise, attached hereto and incorporated herein as though set forth in full {hereafter "Merchandise"). This is anon-exclusive agreement between the City and Vendor and no guarantee of purchase or total purchase price as outlined in section 2 is given or implied. This agreement shall remain and continue in effect unless terminated pursuant to the provisions of this Agreement. 2. Purchase Price. The Purchase Price, which City agrees to pay to Vendor for the merchandise, will be as quoted in Exhibit A, Description of Merchandise, with an annual not to exceed amount of Fifty Thousand Dollars and No Cents {$50,000.00) for the total term of the agreement. Vendor will submit invoices monthly for actual merchandise ordered and received. Invoices shall be submitted between the first and fifteenth day of each month far merchandise delivered and received. Payment shall be made within thirty {30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Vendor's fees, it shall give written notice to the Vendor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. The not to exceed purchase amount listed herein is an estimated expenditure and this agreement does not guarantee Vendor this amount in purchases. 3. Representations and Warranties of Vendor. Vendor makes the fallowing representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid, and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Operating Condition. Vendor has good and marketable title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire the merchandise free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the merchandise is in good condition, free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Contract Documents. L\Program Files (x86}W eevia.ComlDocument Converterltemp1882860.doc c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 4. Time of Delivery. The date and time of delivery of the merchandise shall be as stated at time of order. 5. Place of Delivery. The merchandise shall be delivered to the City location as stated on the purchase order or at time of merchandise order. 6. Risk of Loss. Risk of loss, damage and destruction of the merchandise shall remain with the Vendor until after inspection and acceptance of the merchandise by City. 7. Inspection and Acceptance. City shall inspect the merchandise at the time and place of delivery. Such inspection may include reasonable review by City. If, in the determination of City, the merchandise fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise shall be deemed accepted by City as of the date of receipt. 8. Resection. In the event of such notice of non-conformity by City pursuant to Section 7, City may, at its option, (1) reject the whole of the merchandise, (2) accept the whole of the merchandise, or (3) accept any commercial unit or units of the merchandise and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 9. No Replacements of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the merchandise tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the merchandise or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 10. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the City, District and/or Agency its officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, damages, defense costs, expenses and liability of any kind or nature which the City, its officers, officials, employees, agents or volunteers may sustain ar incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of or from the performance of providing the merchandise, excepting only liability arising out of the sole negligence of the City. 11. Contract Documents. a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: (1) Vendor's price list for merchandise. b. In the event any term or condition of the Contract Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. z C1Program Files (x86}Weevia.ComlDocument Converterltemp1882860.doc c. In the event of a conflict in terms between this Agreement, and a Vendor quote the prices list as attached hereto and incorporated herein prevail over the Vendor's quote. 12. Remedies. The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 13. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 14. Legal Responsibilities. The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 15. Assignment. The Vendor may not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. This Agreement shall be binding on, and shall inure to benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns. Upon termination of the Agreement, Vendor's sole compensation shall be payment for actual merchandise ordered and received. 16. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 17. Suspension or Temination of Agreement Without Cause. 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 Vendor at least ten (10) days prior written notice. Upon receipt of said notice, the Vendor 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. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Vendor the actual value of the merchandise produced up to the time of termination, provided the merchandise was ordered by the City prior to termination of the Agreement. Upon termination of the Agreement pursuant to this Section, the Vendor will submit an invoice to the City pursuant to Section 2. 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 Vendor, or Vendor's sub-Vendors for this project, during his/her tenure or for one year thereafter. The Vendor 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 Vendor or Vendor's sub-Vendors on this project. Photographer 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. 3 C1Program Files (x86}Weevia.ComlDocument Converterltemp1882860.doc 19. Entire Agreement; Modification; Waiver. This Agreement, constitutes the entire agreement between the parties pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether oral or written. No supplement, modification or amendment of this Agreement or the Contract Documents shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement or the Contract Documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 20. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third business day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, or on the first business day after being deposited with an overnight carrier for delivery the next business day, and properly addressed as follows: To City via U.S. Mail: City of Temecula P O Box 9033 Temecula, CA 92589-9033 Attn: City Manager To City via Courier Service: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn: City Manager To Vendor: Traffic Control Services 9955 W. La Cadena Drive Riverside, CA 92502 Attn: 21. Effects of Headings. The subject headings of the sections and subsections of this Agreement are included for convenience only and shall not affect or be considered in the construction or interpretation of any of its provisions. 22. Governing Law. The City and Vendor 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. 23. AUTHORITY TO EXCECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. 4 C1Program Files (x86}Weevia.ComlDocument Converterltemp1882860.doc IN WITNESS WHEREOF, the parties to this Agreement have duly 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 Vendor Traffic Control Services 9955 W. La Cadena Drive Riverside, CA 925D2 Attn: Name Title Signature Name Title Signature Two Signatures Required for Corporations C1Program Files (x86}Weevia.ComlDocument Converterltemp1882860.doc EXHIBIT A DESCRIPTION and PRICE LIST OF MERCHANDISE L\Program Files (x86}W eevia.ComlDocument Converteritemp1882860.doc EXHIBIT "B" PAYMENT RATES AND SCHEDULE L\Program Files (x86}W eevia.ComlDocument Converteritemp1882860.doc 'Apr U/ UB O1i:51p TCS SALES 174 5269520 p.t ~ ~a ~,,~~~.~' r ` ;~ . TRAFFIC CONTROL SERVICE, INC. D~ / ~~ ~' .' ~ RENTAL 8 SALES OF SAFETY EQUIPMENT inc ~ / ~~ l 6.:. aP~ ~ ~ooe Att: Randy West City of Temecula Randy Thanks for the opportunity to quote the Gty of Temecula. your business is very important to us. Traffic Control Service has geared up to stock enough materials. to support your striping and signing needs. PrOdUCt # Color Prnduch pesr•rinYinn giro A1180p5 White Pro-Plus Rapid Dry Premix 10.25 per Gal Premix Waterbome White 51.25 per Pail A3181ip5 Yellow Pro-Plus Rapid Dry.Premix 10.15 per Gal Premix Waterborne Yellow 50.75 per Pail A1181p5 Red Pro-Plus Premium Red 13.90 per Gal 69.50 per Pail Bead #1 Clear Type 1 AC-110 MZ47 .37 per Ib New pncing as or uzj~ts/us Thanks, MJ Loomis T.C.S.I. Sales Rep. Cell# 714-345-1200 • FulJerion • EC CAJON • ESCOND100 • LAS VEGAS • NEWHALL • PHOENIX • RENOBPARKS • SAC(iAMENTO 1818 Orangelhorpe • Fullerton, CA 92531.5324 • Phone 714528.850D • Fax 714!840-0513 - In Soulhem Cal'rfornia 8001222-TCSI • In Northern Calffomla 8001844-TCSI • In Nevada 888/888-TCSI- - CA CONTRACTORS LICENSE C31 #755790 ITEM N~}. 12 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: June 10, 2008 SUBJECT: First Amendment to Contract with West Coast Arborists for Citywide Tree Maintenance Service PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: 1. Award the First Amendment to the Citywide Tree Trimming Maintenance Service Contract to West Coast Arborists, Inc. for $150,000.00 for Fiscal Year 2008-2009; and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,000.00 which is equal to 10% of the contract amount. BACKGROUND: On May 22, 2007 the City Council approved the Fiscal Year 2007- 2008 Contract with West Coast Arborists in the amount of Two Hundred Thousand Dollars and No Cents ($200,000.00). In March, 2008 Requests for Proposals (RFP) and specifications for the Citywide Tree Trimming Maintenance Contract were sent to twenty (20) trimming contractors. On April 18, 2008 seven (7) proposals were received for Public Works right-of-way tree trimming maintenance. The following proposals were submitted. 1. West Coast Arborists, Inc. 2. Tree Elements, Inc. 3. Great Scott Tree Service, Inc. 4. TrueGreen Landcare 5. Tree Pros, Inc. 6. California Tree Service, Inc. 7. United Pacific Services, Inc. The firms were ranked as shown. Staff has determined that West Coast Arborists, Inc. was the highest ranked firm based on their submittal and specific unit prices. The work to be performed includes Class I tree trimming, tree and stump removals, root pruning, tree planting and emergency call-out work. This work is necessaryto maintain approximately 7,500 right-of-way trees known as the City's Urban Forest. The contractor will inventory all right-of-way trees by name, size and locations. Staff has reviewed the bid proposal from West Coast Arbarists, Inc. West Coast Arborists, Inc. has performed work for the City of Temecula in the past, and we have found their work to be satisfactory. A copy of the proposal is attached {Exhibit "A") for review. FISCAL IMPACT: Funds will be available in the FY08-09 Public Works Routine Street Maintenance Account. The total project amount is $165,000.00 which includes the contract amount of $150,000.00 plus the 10% contingency of $15,000.00. ATTACHMENTS First Amendment Quotes WCA Proposal Original Contract Agreement FIRST AMENDMENT TO CONTRACT BETWEEN CITY OF TEMECULA AND WEST COAST ARBORISTS, INC. CITYWIDE TREE MAINTENACE SERVICES FISCAL YEAR 2008-2009 THIS FIRST AMENDMENT is made and entered into as of June 10, 2008, by and between the City of Temecula, a municipal corporation ("City") and West Coast Arborists, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On May 22, 2007, the City and Contractor entered into that certain Contract entitled "City of Temecula Contract for Construction" ("Contract"), in the amount of Two Hundred Thousand Dollars and No Center ($200,000.00) to provide Citywide tree maintenance services. B. The parties now desire to amend the Contract as set forth in this First Amendment for an amount not to exceed One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) for Fiscal Year 2008-2009 for Citywide Tree Maintenance Services. 2. Section 4 of the Contract is hereby amended to read as follows: "4. CONTRACT AMOUNT AND SCHEDULE. The City agrees to pay, and CONTRACTOR agrees to accept, in full payment for the Citywide Tree Maintenance Services as agreed to be done, and described in this First Amendment for Fiscal Year 2008-2009 the sum of: One Hundred Fifty Thousand Dollars and No Cents ($150,000.00), fora total contract amount of Three Hundred Fifty Thousand Dollars and No Cents ($350,000.00.)" "TERM: The term of the contract shall commence on July 1, 2008 and continue through June 30, 2009. The City reserves the option to extend the contract(s) for an additional two (2) years. No price adjustments will occur during the first thirty-six (36) months of this agreement. Upon request of the Contractor and agreement by the City, the item prices may be adjusted by the amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bernardino ALL Urban Consumers Index to determine the percentage of increase or decrease, the term "previous twelve months" shall be the 12 month period ending June 30tH of that year, or if not available, the prior month." "CONTRACTOR agrees to complete the work in a period not to exceed thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. " 3. Exceptforthe changes specifically set forth herein, all otherterms and conditions of the Agreement shall remain in full force and effect. i C: IPROGRAM FILES (X86)INEE~L4.COMI DOCUMENT CON~ERTERITEMPI883177.DOC IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR West Coast Arborists, Inc. 220 E. Via Burton St. Anaheim, CA 92806 (714) 991-1900 Patrick O. Mahoney, President BY: NAME: TITLE: (Signatures of two corporate officers required for Corporations) z C: IPROGRAM FILES (X86)INEE~L4.COMI DOCUMENT CON~ERTERITEMPI883177.DOC Thee Care Professionals Serving Communities Who Care About TYees www.WCA1NC.cn City of Temecula. Price Schedule for Fiscal Year 2006-2007 Tree Maintenance Services Item Descri tion 1 Street Tree Trimming -Clearance Trim 2 Street Tree Aesthetic Trimming -Full Trim 3 Palm Trimming 4 Tree and Stump Removal 5 Stump Only Removal 6 Root Pruning w/o RB 7 Root Pruning w/ RB 8 Plant 15 gai tree with RB 9 Plant 15 gai tree w/o RB 10 Plant 24" Box tree with RB 11 Plant 24" Box tree w/o RB 12 Tree Watering 13 Crew Rental - 3 man crew 14 Crew Rental - 2 man crew 15 Crew Rental - 1 man crew 16 Emergency Crew Rental Current FY06.07 Unit Prices Prices Each $ 19.50 $ 20.50 Each $ 30.00 $ 31.50 Each $ 19.50 $ 20.50 Inch $ 14.50 $ .15.25 Inch $ 4.50 $ 4.75 Each $ 50.00. $ 52.50 Each $ 100.00 $ 105.00 Each $ 100.00 $ 105.00 Each $ 85.00 $ 89.00 Each $ 200.00 $ 210.00 Each $ 185.00 $ 194.50 Day $ 395.00 . $ 415.00 Hour $ 105.00 $ 110.25 Hour $ 70.00 $ 73.50 Hour $ 35.00 $ 36.75 Hour $ 214.00 $ 225.00 The latest Consumer Price Index for All Urban Consumers in the Los Angeles-Orange County areas is 5.1% as established by the US Labor Department. Each line item has been rounded to the nearest tenth of a dollar. .. $ureaii of Labot Statistics Data U.S. Department of Labor Bureau of Labor Statistics ^Include graphs ~ More Formatting Ootlonsay Data extracted on: April 13, 2006 (2:14:24 PM) Page 1 of Conswner Price Index - All Urban Consumers ee Yds CWRA421SA0 Seas~*+ ~?r ndjuated . Los Angeles-Riverside-Orange County, CA All items .Period: 1982-84=100 t 1 t 167.9 169.3 170.7 • • 170.6 171.1 171.0 171.7 • 172.2 173.3 • 173.8 . 173.5 f . 173.5 171.6 170.1 173.0 I t 174.2 175.4 176.2 176.6 177.5 178.9 178.3 178.4 178.8 178.3 178.1 177.1 177.3 176.5 178.2 tl 178.9 180.1 181.1 182.2 182.6 181.9 182.2 183.0 183.4 183.7 184.0 183.7 182.2 181.1 183.3 1 185:2 186.5 188.2 187.6 186.4 186.3 186.3 186.9 188.2 187.8 187.1 187.0 187.0 186.7 187.2 tl• 188.5 190.1 141.5 191.9 193.3 193.7 193.4 193.1 194..5 196.3 196.9 195.2 193.2 191.5 194.9 ~1 195.4 197.4 199.2 201.1 201.5 200.7 201.4 203.1 205.8 206.9 205.6 203.9 201.8 199.2 204.5 tl. 206.0 207.5 12 Months Percent Change Series Id: CUURA421SA0 Not Seasonally Adjusted Area: Los Angeles-Riverside-Orange 'County, CA Item: A11 items Sase Period: 1962-84=100 ... ~ ~ r 11 2.3 2.9 3.5 2.4 2.9 3.4 3.6 3.5 3:6 3.9 3.8 3.7 3.3 2.9 3.7 i 3.8 3.6 3,2 3.5 3.7 4.6 3.8 3.6 3:2 2.6' '2:7 2.1 3.3 3.8 3.G 1 2.7 2.7 2.8 3:2 2.9 1.7 2.2 2.6 2.6 3.0 3.3 3.7 2.8 2.6 2.9 1 3.5 3,6 3.9 3.0 2.1 2.4 2.3 2r1 2.6 2.z 1.7 '1,8 2'.6 3.1 2.1 1' 1.8 1.9 1.8 2.3 3.7 4.0 3.8 3.3 3.3 4:5 5.2 4.4 3.3 2.6 4.1 t1 3.7 3.8 4.11 4.8 4.2 3.6 4:1 5,2 5.$ 5:4 4.4. 4.5. 4.5 4:0 4.9 t l . 5.4 5.1 Change Output From: 2000 : to: 2008 Options: ITEM N~}. 13 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: June 10, 2008 SUBJECT: Authorize Temporary Street Closure for the Street Painting Festival in Old Town (Fourth Street between Murrieta Creek and Mercedes Street) PREPARED BY: Daniel York, Deputy Director of Public Works/City Engineer Steve Charette, Associate 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 AUTHORIZING THE CLOSURE OF A PORTION OF FOURTH STREET FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT BACKGROUND: The Annual Street Painting Festival scheduled for June 28th and 29th of this year necessitates the physical closure of Fourth Street between Murrieta Creek and Mercedes Street, and related detouring, as this street will serve as the canvas on which artists will paint. The street closure will also serve to accommodate and provide the free movement of pedestrian traffic by minimizing potential vehicular-pedestrian conflicts. Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. The recommended resolution delegates the authority to approve temporary street closures for the Street Painting Festival sponsored by the City of Temecula. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures, construction related closures, etc., remain subject to the approval of the City Council subject to rules and regulations established bythe City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. This year's Street Painting Festival requires the closure of a portion of Fourth Street. The limits of the closure for Fourth Street are Murrieta Creek to Mercedes Street from 6:00 AM on Saturday June 28t" 2008 to 5:00 PM on Sunday June 29t", 2008. This portion of Fourth Street will remain closed through Saturday night. Old Town Front Street and Mercedes Street shall remain open to through traffic at all times. FISCAL IMPACT: The costs of police and for provision, placement, and retrieval of necessarywarningond advisorydevices bythe Temecula Community Services Department and the City Public Works Maintenance Division are included in budgetary items. ATTACHMENTS: 1. Resolution No. 2008- 2. Location Map RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CLOSURE OF A PORTION OF FOURTH STREET FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temparary closure of public streets in the interest of promoting safety and protection; and, WHEREAS, the City of Temecula desires to authorize the closure of public streets for the Street Painting Festival sponsored by the City of Temecula, for which such temporary street closures promote the safety and protection of persons using or proposing to use those streets for this special event; and, WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets, specifically Fourth Street between the Murrieta Creek and Mercedes Street for the Street Painting Festival; and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary street closures for the Street Painting Festival sponsored by the City of Temecula, and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the City Engineer to permit temparary street closures for the Street Painting Festival scheduled from 6:00 AM Saturday June 28th, 2008 to 5:00 PM Sunday June 29th, 2008 and establishes the general rule that all other temparary public street closures shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2448. Michael S. 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. 48- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2448, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk w Fourth St. Street Closure 0 3].a ]5 1W Fee[ 2 Aerial Data-March 207 . ~ ___ ._..._ ____ FiFm sr _._.. y F O C z z 3 O F O O F Yj, w' c UI C'. E. ~ ____. __ -__.'. _ ... HST __ _ FO MNN ST LOCATION MAP -STREET PAINTING FESTIVAL ITEM N~}. 14 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: June 10, 2008 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Old Town Infrastructure Project -Parking Structure, Office and Retail, Project No. PW06-07 (1 D) PREPARED BY: Greg Butler, Deputy Director of Public Works, CIP Mayra De La Torre, Senior Engineer, CIP RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE PLANS AND SPECIFICATIONS FOR THE OLD TOWN INFRASTRUCTURE PROJECT (PARKING STRUCTURE, OFFICE AND RETAIL, PW06-07) AND AUTHORIZING THE SOLICITATION OF CONSTRUCTION BIDS BACKGROUND: On June 27, 2006 the City Council approved the master plan for Phase 1 of the Old Town Civic Center, which among other things includes the construction of a parking structure on Mercedes Street, within the area of the proposed Civic Center. The work includes, but is not limited to the construction of a 3-story parking structure and adjoining facilities. The parking structure will have a basement parking level in addition to levels 1, 2 and 3, approximately 8,400 sf of office space (on 2 floors) on the most northwesterly side of the structure which is programmed to be the permanent home of the Old Town Police substation. More specifically, the project will include construction of: wet and dry utilities, precise grading, site drainage systems, erosion control, foundation system to include a basement level, retaining wall systems, a new 3-story parking structure with 462 parking stalls, an adjacent asphalt concrete access road around the perimeter of the parking structure and the future Civic Hall, an asphalt concrete parking lot with 15 parking stalls, trash enclosure, site walkways and hardscape improvements, site landscaping and site concrete unit masonrywalls. There is also an additive bid on this project for a photovoltaic system. The grading and retaining walls on the adjacent Civic Hall parcel will be performed under this project. The plans and specifications have been completed and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Work's office. The Engineer's Construction Estimate far this project is $17,400,000 which includes $1,300,000 in grading and retaining walls for the future Civic Center property. FISCAL IMPACT: The project is included in the FY08-12 and the FY09-13 CIP Budget as the Old Town Infrastructure Projects -Parking Structure, Office and Retail and is funded with Redevelopment Agency Bonds, DIF -Police Facilities, and Capital Project Reserves. Adequate Funds are be available in Project Account No. 210-165-644-5804 for the Parking Structure work, and once the FY09-13 CIP Budget is adopted adequate funds for the work planned for the Civic Center property. ATTACHMENTS: 1. Resolution 2. Location Map 3. Project Description RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE PLANS AND SPECIFICATIONS FOR THE OLD TOWN INFRASTRUCTURE PROJECT {PARKING STRUCTURE, OFFICE AND RETAIL, PW06-07) AND AUTHORIZING THE SOLICITATION OF CONSTRUCTION BIDS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: 1. The City Council hereby approves the plans and specifications in substantially the form on file in the office of the Director of Public Works for the Parking Structure, Office and Retail Plans for the Old Town Infrastructure Project (PW06-07} in accordance with the Civic Center Master Plan. 2. The City Council further authorizes the Department of Public Works to solicit construction bids for the Old Town Infrastructure Project {Parking Structure, Office and Retail, PW06-07}. 3. As part of the approvals set forth in this Resolution, the City Council hereby finds, determines and declares that: A. The Old Town Civic Center Master Plan is specifically described in the Initial Study prepared for the Old Town Civic Center Master Plan and is comprised of three major components that will be constructed in phases on a 6.75-acre site at the corner of Mercedes Street and Main Street. Phase one is described as the construction of a multiple level parking structure that will accommodate, a maximum of 480 vehicles and approximately 12,000 square feet of office space, the construction of a civic plaza on not more than one acre and improvements to 1,800 feet to both sides of Mercedes Street (intersections, streetscape and undergrounding of utilities}. The second phase is described as the construction of an approximately 93,500 square foot city hall and civic center. A final phase is described as the construction {by others) of approximately 52,000 square feet of retail office space. The retail component is purposely overstated to account for the maximum potential impacts of the project. A portion {approximately 50%) of the retail component is more likely to accommodate office type uses. B. On June 26, 2006, the City Council held a duly noticed public hearing on the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Plan and the Old Town Civic Center Master Plan at which time all persons interested in the Mitigated Negative Declaration, Mitigation Monitoring Program and Old Tawn Civic Center Master Plan had the opportunity to and did address the City Council on these matters. C. On June 26, 2006, the City Council adopted Resolution No. 06-58 approving the Mitigated Negative Declaration for the Old Town Civic Center Master Plan {"Mitigated Negative Declaration"}. In adopting Resolution No. 06-58 the Council made the following findings: 1) Pursuant to California Environmental Quality Act {"CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the approval of the Civic Center Master Plan as described in the Initial Study {the "Project"). Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the Project could have a significant effect an the environment and a Mitigated Negative Declaration was prepared. 2) Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on May [17], 2006 and expired an June [26], 2006. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 43200 Business Park Drive, Temecula, California 92589. 3) One written comment was received prior to the public hearing and a response to all of the comments made therein was prepared, submitted to the Council and incorporated into the administrative record of the proceedings. 4) The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Negative Declaration prior to and at the June 26, 2006 public hearing, and based on the whole record before it, finds that: (1 } the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and {3} the Negative Declaration reflects the independent judgment and analysis of the City Council. D. A Notice of Determination was filed with the County Clerk of Riverside County on June 27, 2006 as required by law. E. On April 10, 2007 the Council approved the Old Town Civic Center Phase II Master Plan in reliance on the Initial Study and Mitigated Negative Declaration approved for the Old Town Civic Center Master Plan an June 26, 2006 by Resolution No. 06-58. F. The improvements described in the plans and specifications far the Old Town Infrastructure Project (Parking Structure, Office and Retail, PW06-07} are a part of the Old Town Civic Center Master Plan and were all considered and studied in the Initial Study and Mitigated Negative Declaration. The Old Town Civic Center Master Plan described in the Mitigated Negative Declaration has not changed since its adoption. There are no new significant effects that will be caused by construction of the improvements described in the plans and specifications for the Old Town Infrastructure Project (Parking Structure, Office and Retail, PW06-07). Nor will the construction of said improvements increase the severity of any previously identified impacts. The impacts will remain the same as analyzed in the Mitigated Negative Declaration. G. No new circumstances exist that could introduce new significant effects or increase the severity of previously identified impacts of the Old Town Civic Center Master Plan or the plans and specifications for the Old Town Infrastructure Project (Parking Structure, Office and Retail, PW06-07} analyzed in the Mitigated Negative Declaration. -2- H. No new information exists that suggests new significant effects or that increases in the severity of previously identified effects analyzed in the Mitigated Negative Declaration. Nor does any new information exist that suggests new mitigation measures or suggests that mitigation measures previously identified as infeasible are in fact feasible. I. Therefore, because there are no significant effects, no increase in the severity of previously identified effects, no new mitigation measures and no change in the mitigation measures previously discussed, the City Council finds pursuant to Sections 15162 and 15163 of the California Environmental Quality Act Guildelines (14 Cal. Cade Regs §§ 15000 et seq.) that a supplemental or subsequent EIR need not be prepared, and that the City may rely on the Mitigated Negative Declaration to approve the construction of the improvements described in the plans and specifications for the Old Town Infrastructure Project (Parking Structure, Office and Retail, PW06-07}. 4. The City Clerk shall certify the adoption if this Resolution in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this ,day of , 2048. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] -3- 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 10t" day of June, 2008, by the fallowing vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. 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Hughes, Director of Public Works DATE: June 10, 2008 SUBJECT: Professional Engineering Services Agreement with Nolte Associates, Inc. for a Bridge Alignment Study, Temecula Creek Crossing; Project No. PW08-03 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP Kendra Hannah-Meistrell, Assistant Engineer RECOMMENDATION: That the City Council: 1. Approve the Professional Engineering Services Agreement with Nolte Associates, Inc. for a Bridge Alignment Study for the Temecula Creek Crossing for Access to Temecula Parkway, Project No. PW08-03, in the amount of $87,923.00, 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 $8,792.00, which is equal to 10% of the agreement amount. BACKGROUND: The purpose of the project is to design and construct a new bridge to connect Temecula Parkway to Loma Linda Road crossing the Temecula Creek at Avenida de Missions. When completed the Temecula Creek crossing will provide a two (2) lane undivided collector as identified in the Circulation Element of the Temecula General Plan. The bridge will provide citizens with a fourth crossing over the Temecula Creek within the City of Temecula. The Bridge Alignment Study will include studying a suitable location for a new crossing, preliminary environmental studies, and identifying mitigation and right-of-way acquisition necessary to proceed with a new approach roadway and bridge. The Consultant will review and provide comments and recommendations on three (3) bridge alignment alternatives. The Consultant will also provide Preliminary Engineer's Cost Estimates for each alternative. The cost estimates will include, but are not limited to, the following: design, preliminary environmental assessment, right-of-way impacts, and construction. Finally, the Consultant will provide a report to the City with comments on all alignments and recommend a "preferred alignment". The report will contain justification/rational for the "preferred alignment" and for not choosing the other alternatives. The Consultant will also provide the City with a complete set of 40 scaled street plans showing both horizontal and vertical alignments for the each of the three (3) alignments. FISCAL IMPACT: The Temecula Creek Crossing for Access to Temecula Parkway, Project No. PW08-03, is a Capital Improvement project funded with Development Impact Fees - Street Improvements. Sufficient funds are available in the project account (Account No. 210-165- 677-5802) for the total cost of $96,715.00, which equals the agreement amount of $87,923.00 and the 10% contingency of $8,792.00. ATTACHMENTS: Location Map Project Description Professional Engineer Services Agreement H ~ W F v O a a ~~~ o~~~ ~~~ ~~ ~~ ~ -~ ~ ~ ~~, ~ ~ c ~ ~ M ~~ ~~ ~~b \~y~0 i ~ S ~ Zi _ ~ _ ~~~ o ~-'~ ~ M~ggCO yo __ ~/ Oa, a PvEN P ~d6 _~~ y ~~S o r 02 ~ /~ i ~i b p~O~r °~' ~~j \ ~ j YQ ~ ~ ~ _ ~_ ~~, ~' ~- -~~_ ~ ~ s r v ~ Q2J HLWS HVI 343f t~,G~P~~ /~ i Q ~_~ T a~ -T--~ ~ ~- N O ~J __f-i._~ ~~ ~ ~ M~849y~~/~_~_~ ~~ // ~~ ~~`s~~ ~~NHS / ~ \ eb'LJ N (\ i _~ J ~~ SOWN F~oNj SS ~J i~~ Z h ti U W A U 0.1 G ~O LG 0.i F a.i u U .~ a 0 .y U ¢ 7 U y d •L u A ~ 0 0 0 0 0 0 0 0 f 0 0 0 0 0 0 0 0 3 o 0 0 0 0 0 0 0 0 w H = ~ o o o o ~ oo a ., G t` O o 0 0 ~ 'n o E' N V'1 Vl N Vl ~- M vl .~ O 4 U U ~ o; sa ~ ~ ~,n ss s9 sv Fa _o ro ~q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O O O O O O O O "~ 0 0 0 0 0 0 0 0 ~ ti `/~ O O O O N vl Vt U 'y N ~/1 Vl N d' M M 'O ~ N ~ ~' y ~ ~ ,n 69 69 69 'A 69 EA fH (H ~ ~ .^. T r'~ <'S O O O - ~~ O O O T _ ti O O O R ~ '. 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PW08-03 THIS AGREEMENT is made and effective as of June 10, 2008, between the City of Temecula {"City"), a municipal corporation, and Consultant. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on June 10, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 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 far each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. 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 Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 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 B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Eighty Seven Thousand Nine Hundred Twenty Three Dollars and No Cents ($87,923.00) for the total term of the Agreement, unless additional payment is approved as provided in this Agreement. 1 b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated far 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 Consulant for the performance of said services. c. 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 thirty thousand dollars and no cents, {$3Q,000.00), or the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. d. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, far 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 Consulant within thirty {3Q) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts for all reimbursable expenses in excess of fifty dollars {$50) in such form as approved by the Director of Finance. 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 ar termination shall not make void ar 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 above. 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 Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity ar under this Agreement. 2 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 the 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 the 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 ar 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, District, or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death ar injury to any person and injury to any property, arising out of, pertaining to, or relating to, and to the extent caused by 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, District and/or Agency'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, District 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 Consultant's performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such 3 claims with counsel of City, District and/or Agency's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the Agreement, 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. 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, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3) Workers' 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, Workers' 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 profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this prajectllocatian ar the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident far bodily injury and property damage. 3) Workers' Compensation as required by the State of California; Employer's Liability: One million dollars {$1,000,000) per accident for bodily injury ar 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 or self-insured retentions as respects the City, 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: 4 1) The City, 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, 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, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the 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, 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 canceled before the expiration date, the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City." 6) If insurance coverage is canceled or reduced in coverage or in limits, the Consultant shall within two (2) business days of notice from insurer phone, fax, andlor 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 5 officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 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 or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by {i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or {iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day fallowing deposit with the document delivery service or United States Mail as provided above. TO Clty: Ma!!!nn Address: City of Temecula P.O. Box 9033 6 Temecula, California 92589-9033 Attention: City Manager -or- Physical Address: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Nolte Associates, Inc. 15070 Avenue of Science, Suite 100 San Diego, CA 92128-3412 Jack Abcarius, P.E. 15. ASSIGNIUIENT. 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 far the performance of the services described in this Agreement. 17. GOVERNING LAVN. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub-contractors for this project, during his/her tenure, or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant's sub-contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has 7 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. 8 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: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: BY: BY: Nolte Associates, Inc. (Signature) NAME: John A Dallen, Jr. TITLE: Chief Financial Officer (Signature) NAME: Bill Miller TITLE: Senior Vice President Name of Contact Person at Company: Jack Abcarius, P.E. Mailing Address of Company:15070 Avenue of Science, Suite 100, San Diego, CA 92128-3412 Telephone No. of Company: 1858) 385-0500 Facsimile No. of Company: 1858) 385-0400 9 EXHIBIT A TASKS T4 BE PERFORMED The specific elements (scope of work) of this service include: TEMECULA CREEK CROSSING FGR ACCESS TO TEMECULA PARKV1lAY PROJECT NO. PW08-03 10 EXHIBIT B PAYMENT RATES AND SCHEDULE 11 :\pril 23, 2008 i\Ir. Dacid ~Ich3ride, P.L.. O[ Y O N D C N G I N G C Ft I N G Senior Engineer, Capital Projects Cin• of Temecula -I3200 Business Park Drive '1'emccula, C.\ 9289-9033 Subject: Proposal for RFP No. 160 Bridge Alignment Study -Avenida de Missiones over Temecula Creek Dear ~[r. A4cBride: Nolte _\ssociatcs, Inc. (Nolte) is very excited about the opporturin= to submit our proposal for professional civil and stnicritral engineering design services for bridge, road and related civil improvements necessary to complete ar3 alignment study for a proposed crossing of Temecula Creek at ~\venicia de ~lissiorres. Nolte has provided sin3ilar services to tnam• of our clients includurg the County- of San Diego for Lvhom we have recently completed Prelin3urarv Engineering Reports for I~allbrook Extension .\ligrunent Sriuiy, Cole Grade Road .\lignmcnt Sriuly, anti Bear Valley Parkway \C'idcrru3g z\lignment Srirdy. \~'c arc tnrh= a service oriented firm with dedicated engineers anti technicians that pursue all n-pes of Lvork, large and small Lvithout discru3inating as to the size of projects. \Ve have recently completed a major freeway alignment sri3dv for the I-80/I-G80/SR-12, a project Lvidr a constn3ction price tag of over S2 billion. \~'c also completed a design for banner pole foundations for the Cin~ of Vista, and the Bridge fencing project for the Cir<• of'l'emecula. No job is too small or too large. I?very project is unportant for us, because it is important for our clients. .\s the project's Project Director, my role Lvill be to ensure that all necessary resources arc allocated to complete tour project efficiently and successfully. In the course of my 35 years as a professional engineer and manager, I have developed an extensive list of projects that pertain to the tl•pes of services you require for this solicitation. Nolte is committing Darab Bouzarjomehri, PE to the role of Project i\(arrager. Darab is an Engineering Manager with the tlrm responsible for Nolte's Public \~'orks Section. Duru3g Darab's 2=1 years of engineering experience, including 15 years working for the ti(innesota Departn3ent of Transportation, 1 rear Lvttlr rite t/ mttecl Port of San Diego, and 8 yC1rS W3t11 anotlrCr lrrITl, he has developed a strong understar3dulg of our public Lvorks clients' expectations and acquired great management skills. 'the combustion of his private and public experience, ability to manage highh~ competent design teams, makes Darab the ideal candidate to lead this project. \~'e hope you Lvill agree that the Nolte team brings the necessart• people, expertise, experience and resources together to provide the optimal choice for the Cih-. AV'e will work with all the stakeholders for the greatest benefit to the Cin=. If you have any questions about this submittal, please contact us duecdy. \Vc look forLVard to the continuation of our successful and professional relationship we have built together by getting selected for dais proposal. Sincerely, NOLTE ASSOCIATES, INC. Bill [\(iller, P.1 . Senior Vice-President /Project Director NOLTE ASSOCIATES. INC. .50.D A:EFIUE OF SCIEFJCE. SUITE 100 S~f) GIEGO. C%• ~II:B-3~t12 e59 385 0500 TEL 858 385 Oa 00 FAX w:~w PIOLTE COM Q• -•a.a~u.~e~:vaxuiq is KT•edee ND~•~mte of T~cuu~ _ i , it ~ - - ->,: _ ,~ Project Understanding and Approach Project Understanding The cin• requires that the study of each alignment alternative, as a nlmtmum, include: PCC11aIlga Palk~yaV and Rcclha~vk l~aIk\vay are t\y0 of the three major crossings south of highway 79 " •~• ROadway~bridge centerlulC gCOIriCtr~' C~ TCn1CCllla Crcck. that aCCOnlmOdatC aCCCSS O\'Cr ' • stationing I he increased traffic demand from a number of ''• Stght distance analysis nC\V dCyCl0ptTlCiltS In t111S area, coupled with the CxlSting rCSIdCnC1aI aIld COn1mCfC1aI CrafE-lc llati ••• Rlght-Of-\Va~~ record research, pOCCflClal signilicanrly impacted the capacth' Ot t11C5C aCqulSltlOnS need, required pertnatnent crossings. An additional route is needed to slope and temporary construction alleviate dlis siatation and provide a safe and casements direct access for the driving public. • Identification of environmentally sensitive :~~uuua uc Missions is a four lane undivided ;:; . " } roadway, located 'L ~. _ approximately. half way between the aforementioned parkways. [t extends south from Highway 79 Soudl to Via Rio '1'enlecula Road, a roadwa~* along the north edge of"1'cmccula Crcck, where it terminates. The City plans to conduct a prelinninary alignment study, exploring a minimum of three (3) alternatives, for the extension of .\venida de Missions southerly across 'Temecula Creek connecting to Coma I.incla Road and Via I~cl Coronado. 'Phis extension will be a combination of a bridge stntcture across Tctnccula Crcck, and an approach roadway Crom the proposed south abutment at southerly edge of the creek through an existing 1.-13 acres dedicated lot located between "I-ract #23267-3 and tract # 31946. Since all potential funding socuces arc unknown at this time, the project is assumed to be federally funded. habitats under CEQ:\ and NI;P.\ • Investigation of required resource agency pcrtnits •:• Preliminary I :nginrer's T:stitnate including dcsigtl, cn~-ironmental permitting, mitigation, right-Of-wa~• and construction • Project CPI Schedule to include all tasks related to design, environmental clearances and permitting, right-of-~vav acquisition, and construction :\nd the I+inal Report as a nninitntun to include: • Analysis of various alternatives, cwt estitnaccs, schedule exhibits (I1" xl7"), preliminan• Plans (11 "x l "') •:• Rcconuncndcd Preferred :\]tcrnative including justification and basis for selection as well as rationale for snot selecting the other alternatives "The project also requires reyie~v of existing infrastntcture data, preparation of aerial photo, topographic mappiclg, held reviews and field SUCVCy. Additionally, based on our review of the RIiI), project site visit, discussions with City staff, discussion with the "Temecula Lane" real estate agent, and our past experience with sittlilar projects, we have identihcd the follo~ying items that ncecl to be addressed during the preliminary alternative selection phase of this project • Per the plans for the Vesting Tentative 'tract No. 31946, an existing lot (lot No. 10~) which is located at the southerh_' terminus of the proposed alignment CtrYOFTErttECUtn . .,~ ,_ Qi behveen the new Tract No. 319-16 ~: s'!' ,~, .. Lane" can ;'~• 4i;'., +`I'r~P the west. '.. ,~;; ~Y' -~ t . and the ~•, w, existing track No. 23267-3 on the cast, is dedicated as future street (~'ia Del Coronado}. "Phis proposed street section has aright-oE-way width of GG-feet \vhich corresponds to the Cit}~ of Temecula Standard for Kcsidcntial Collector (Standard No. I (13A). Per our conversation \vith Citt• staff, it is the City's desire to have this standard applied to the entire alignnlcnt for this project. The elevation of this entire l.ot is approximatelt• 10-feet lover than the Loma Linda Street elevation at the intersection \\nth the loC. Due to this differential in elevation, this segment of the proposal road trust be corlstntctcd on fill to match t11e road surface elevau«n of Loma I_,inda Road. Duc to the narrow configuration of this lot and the constraints or1 the east and \vest sides, the fill will impact the adjacent properties on the west, wllerc a decomposed granite (DC;) path, a landscape strip, and ,~~~'~`,_ ~ .• .. ' j;~~.~.~~ .. ry. ~,•dC~~Z .~ys,'" ... ~s. back, and block \vall~ (fences) exist. ~-1n additional parallel \vall would be rcquircci to maintain the existing improvements, and serve as a noise barrier for the neighboring properties. 'T'his \vould ccrtainh urpact the existing vie\v of each adjacent property owner from their backyard. • The cxistulg 66-foot right-of-\vat• \vidth dedicated for the southerh• tcrtninus of this extension as described above does not align with the existing right-of-\va\- width for ~'ia Del Coronado. 'Therefore, additional right-of-wat~ must be acquired from the Earl Stanley Gardener i\fiddlc School property, south of Loma Linda Road and west of Via Uel Coronado, for rcaligmment of the existing uirersection u1 order to create a - ~~_~ ~' ~' ;afc conncctic~n. ~C'c :ulticipatc rhi~ connccnun to become a -1-legged stop controlled intersection. • Duc to the realigrunent of the existing intersection as statccl abo\•c, dry utilities, signagc, light posts, and drainage facilities will require relocation. 1 n addition there will be a significant loss of parking at the school site, and fire retraining lot circulation \vill have to be evaluated and rcdcsigrlcd for proper funetionalin'. • The Intersection of the wenida de Missions \vith Via Rio'Tenlccula Road must be modified ro accornrnodatc proper 1110\'Cn1CnC Of ~ ~ _ ~'. is . X'~~ traffic onto all - ~";~ '°"~ tiay'~... legs of this intersection, including the nevv two lane bridge. Left turn pockets are required on Via cic Missions southbound and Via Rio 1l'Itll'Cl1Ia RoaCI \\'CSLbound at the intersection of the two streets for safe and smooth llo\v of traffic. ~t'e anticipate a stop control ultcrscction, with the ~lvcnida Dc Dissions and its cxtcrlsion as t11c pritnan• route, and Via 1Zio "I'etllecula Road as the sccondarp route. Project Approach The following outlines and discusses major tasks u1 our approach to conductitlg the altcrnativc alignment studies for extension of .lvenida do Ctrv OF TEMECUtA ~[issions ovcr'l•cmccula Creek. TASK 1.0 -COLLECT AND REVIEW EXISTING DATA 1.1 Kickoff Mccting - 11cct with the City project Manager and other staff members to discuss the project scope, schedule, design guiclclites, environmental, technical and other pertinent issttcs. 1? Data Collection -Collect and review available as-built records of existing streets, adjacent grading, drainage improvements, utilities, current and build out traffic volumes. 1.3 Site Review - Conduct a thorough site review to identify possible constraints, determine existing field conditions, gradutg, and verify the esistitg utility locations visuall}- or b~• potholing ~vitltit the area of proposed extension. In case existing records are not available, Eield locate facilities horizontally ro 0.1± feet. 1.-1 Research Right-of--Way and Survey Records -Research county map records for existing tract maps, parcel maps, records of curvet' anti right-of-~va~• maps for propert<~ boundaries and rights-of-way. Based on a boundary ficW survey tyitg in monuntcnts from the researched maps office survey anah•sts will create property boundaries, lot lints, centerlines and rights-of-way for the design engineers. 15 Control Research Records -Obtain horizontal and vertical control data for the project area. Lsira care kill be taken to insure that the data is homogeneous with regards to datum and epoch. Primary sources for horizontal and vertical control information will be die National Geodetic Survey (NGS), the California Spatial Reference Center (CSRC), and County records. potential multi-path sources, etc.), access information (including a^}- special conditions imposed by landowners or surrounding land use), mornuncnt type and condition, suitability as an RTK base, etc. -all factors it conducting an accurate, safe, and efficient observing mission..ldditionalh~ a sufficient number of digital photographs will be taken of the monument and its surroundings to aid in fitnrre mark recovery for both the duration of the project and for post-project efforts by others. 2.2 Aerial Photography -Nolte gill provide aerial topographic mapping over the proposed pcojcct. ~1n atrial sub-consultant gill conduct pre- flight planning by determining the flight line layouts, stereo model layout and then configure and deliver to Nolte the ground control panel layout. •Tlte monutncnt/aerial panel locations will be located, assessed, set, and positioned all in tine pass. K"I'I< will be used to navigate to the panel position as provided by our atrial sub-consultant, and aeijustment in the location will be made to facilitate visibility; the panel will be set, and the position will be tied with RTK. 'T'hese aerial control panels will serve as tcntporary benchmarks. 1•Itis approach is extremel}- cost- effective it that the travel time associated with a multiple-pass method is clininatcd -and the result is a significant cost cavitgs. 'Cypicall}', the aerial photogrammctry includes all planinctric features, topographic fcatttres and contours. The mappitg will conform to 1-inch - =l0-foot scale with 1-foot contours. Photography will be collected at 1400-feet above mean average terrain, resulting in 1-inch=300-feet negative scale photography. Fital topographic (plattimctcric and contour) mapping will be delivered in ~1utoCAll 200?. TASK 2.0 -SURVEY AND MAPPING & RIGHT-OF-WAY ENGINEERING 2.1 Existing Control 1~lonttment Search and Recovery- Utilizing the researched control data, Nolte will create a "control points" database which will be loaded iuo a GPS system ancl, usitg Real 'l'ime Kinematic (R"L'K) techniques, which kill expedite the search and recovery effort. Upon successful recovery of the targeted control point, a recovery fortn will be completed that will include itforntation such as a field sketch of tnonuntent location, GPS visibility concerns (obstructions, It[ap Accuracy Check Survey -Nolte will ttsc RTK GPS eyuiprnent to verify the ground elevations shown on the topographic survey and will follow the published guidelines per NSDI Geospatial Positioning ~\ccuract• Standards, Part 3, of the National Standard for Spatial Accuracy. • [f generated, one set of pugged C11:1pOSltlt'CS. • Latest camera calibration report. 2.3 Landnet Rettacemcnt Survey - ~1 CITY OF TEMEGULA boundan•/cadastral curve}~ will be conducted it order to locate cadastral and boundan- Illontunentation.:\ sufficient number of key monuments will be recovered and sun•eved to allow for preparation of the accurate right of way appraisal /acquisition maps/plats and for preparation of legal descriptions for grant and easement deeds. "l'he raw surves~ data (C'TPS and COIIVCI7[IOIlal) and field IIOCCS alld S1i000hCS will document the areas searched and evidence Cound. The parcel retracenlent sun~ey will utilize RTK GI'S techniques. l: sing RTK, the Geld crew can navigate to the search coordinates of the record pIOpCrt}• COTI1Cr 3214 In OI1C visit, tic tilt recovered corner point Nolte will use conventional nncasurilg equipment svllcn overhead obstnutions or excessive multi-path precludes the use of CTYS. In all casts, final positions for found and established cadastral corners will be based upon two or more GPS observations and tied and adjusted to the Control network. aligntncilt, which is presumed to be less than five acres, to create a baseline biological resources map with vegetation conunullities and conspicuous sensitive species locations. Vegetation communities will be mapped according to Holland nomenclature, where feasible. During the field survey, a general im•entory of plant and arlinlal species detected by sight, calls, tracks, scat, or other signs will bC COInlplled 1S \VCII ;1S ;1 determination of potential sensitive species wllicll could occur on the project site Observable sensitive resources including perennial plants and conspicuous wildlife (i.e., birds and some reptiles) commonly accepted as regionally sensitive by the California Native Plant 5ociett• (GNPs), the California Dcparttnent of l~isln anti Gamc (CD~G), file U.S. lash anti \~'ilcllifc Scn•icc (USE l\%S), and the \\'estern Riverside County's itdSl ICP will be recorded and later digitised into a Gcograpllic Information System (CGIS) format and added to the Biological Resources tap. 2.4 Boundary Analysis and Determination - Using the data recovered anti adjusted in 2.3, Nolte surveyors will use accepted legal principals in anal}zing the field evidence collected and comparing it with record map and deed information in order to resolve and cictenlline the location Of key boundary lines, centerlines and rights-of-way.: • 2.5 Easement and Encumbrance Plotting - :\fter final resolution of tilt kcs• boundary lines, Nohe will plot the title cncunnbranccs listed and denoted in the preliminary title reports provided by the City. i\ table describing the type of casement, the benetited party and the recording data will be compiled and made a part of file parcel data base and drawing file. 2.G Preliminary Right of way Base Files - Once the proposed alignment has been imported into the clcctronic topographical and boundary survet• Files and a base map file created, it shall be plotted and made available as a hard copy and clcctronic File to all Project consultants. Upon dcliven• ro the project team, the alignment shall be reviewed. TASK 3.0 -ENVIRONMENTAL 3.1 General Biological Reconnaissance Survey - Dudek staff will conduct a general biological reconnaissance sun-ey of the entire project Concurrent with the biological reconnaissance survet• Dudek will conduct delineation for land under tilt following resource agencies: • \~-ctlands under the jurisdiction of CDI~G, pursuant to Section 1602 of the California Fish and Game Code; • \~'aters of the U.S., including wetlands, under the jurisdiction of file ACO1~ pursuant to Section -104 of the federal Clean plater :\ct; • \'ctlands under the jurisdiction of the R\C'(~CB pursuant to Section -401 of the Clean \ti'ater Act and the Porter-Cologne Act; and, • \t%ctlands under the jurisdiction of the Counh~ of Riverside (Counts-) i\ISI ICP. The ACOE and R\\'LCB wetlands delineation will be pcrfonncd it accordance with the l •erlercr/ ~~lalma/ Jor Identr[yilrg and De/irreatin~ JIf)7.iChCIlU11U/ 16~e!laiuli (1'R Y-81- l). In addition to the 1987 manual, lltulck will consult the ACOI? Iatelrnr Arid I [" e it Re3iauu! Slrpp/elnelrt to !Le II'et/and Delirrecrliou Alanrrcr/ (December 2006) when identifying wetland and non-wetland waters of the U.S. onsite. federal wetlands delineation consists of the Field identilicarion of jurisdictional wetlands using the three paran)eters described it the. 198? \COE manual: ll~•dric soils, hydrology anti t:.t7Y of TEMt-cutA - .. - - - - - ..... h~•drophytic \•egetation. t1 predotninancc of {t~•droph}~tic vegetation, where associated with a stream channel, will be used to determine CDPG- regtdated \vetlands. Pollowutg completion of the field \vork, all 1llIlsdlcllOIta1 pOlygonS \\'ill be digitized or do\vnloaded into an :\utoC~\D drawing and, using :\rcVic\\- or ;\rctnfo, and a GIS co\-eragc \vill be created. Once ut 1\rcVic\v or ;1rc[rtfo, acreages of each jurisdictionai area will be determined. =1.2 Brain Storming Workshop - ,tileet and consult with Cin• staff to develop a list of possible alternatives for detailed sntdy. =1.3 Preliminary Exhibit - Prepare a preliminary exhibit for cash do\•eloped alternative plotted on the base map. On the exhibit utchldc each alternative designation, and cluucnsions (tangent lengths, cur\•e radii, n•pical sections, propern~ lines and proposed right-of-wac luics). r\ll mapping \vill be done in the field dircctlti~ onto a 100- or 300-scale (1-inch=100-feet or 200-feet) topographic or aerial photographic base and later digitized into GIS format usutg AutoCt\D or :\rcVie\v. ~~'ltere feasible and necessary, vegetation boundaries \vill be cielincatecl using a Global Positioning System (GPS) unit with sub-meter accuracy and later downloaded into ,\rc~~ie\v. Once the biological reconnaissance survey_ is complete, Dudek will notify the Cin• and Nolte of the preliminary biological constraints, namely \vhcdtcr or trot focused surveys for sensitive plant and \vildlife surveys should be conducted witltut the project study area. 3.2 Alternative Alignment Study -Under this task, Dudek \\-ill identify tlu biological constraints, uncluding the anticipated project impacts, and regulatory permitting rcyuiremcnts for up to three (3) roadway alignments and prepare afollow-up technical memorandum sutmnarizing the results of the preliminary assessment. Under tlus task, Dudek will attend up to tvvo (2) meetings at Cih~ offices to discuss the project alternatives \vith the project team and update the team on the prelirninari biological cottstrautts within the prescribed study area. I'OI budgeting purposes, it is assumed that each meeting will be attended by an Environmental Scientist It' and that each ntectutg will not exceed one hour. TASK 4.0 -ALIGNMENT ALTERNATIVES SELECTION -1.1 Design Parameters - Dctcrtninc the design standards for application to various alternatives. 'I-hose design parameters \vill include, but not limited to: recommended design speed, roadway and right-of-way widths, minimum cu-vc radii, design water surface clevaiion, freeboard distension, etc. X1.4 Preliminary Letter Report - Prepare a letter report, comparing each alternative in terms of compliance with dte adopted road\vay standards, constntctability, effectiveness of the proposed alignment to accomplish the project goals, Potential environmental impact and cost. Include recommendations for three alternatives to be included ui the detailed snuly phase. 4.5 Presentation Meeting - hlcct \vith Cit\' staff to rc\-ic\v the report and present the recotruncncled alternatives. TASK 5.0 -STUDY ALTERNATIVES AND FINAL ALIGNMENT REPOPRT 5.1 Detailed Geometry - Dcvclop detailed horizontal and vertical aligrunents for an estimated three (3) a1tCT[tatl\'CS for the proposed extension (15° o design). Proposed alternative alignments will be designee( to minimize environmental uupacts, to facilitate traffic crossing from one sicic of Temecula Creek to the other, to ntirtintize unpacts to adjacent properties, to ntutiutizc unpact to 'Temecula Creclc \rater surface ele\•ation, to minimize costs associated with construction of the project, including euvirotunental mitigation costs and right-of--\vay costs. 5.2 Design Documents (15% Plans) - Prcparc a plan and profile for each of the alternatives utilizutg the data from task 5.1 above, showing the proposed roadway/bridge \vidth, right-of-\vay widths, centerline stationing to accuracy of 0.1- foot, gradutg lutists, preliminary drainage, and identifying potential utilit~• issues and/or contlicts. Perform site distance :trial\"sIS alOftg C1Ch alternative and at intersections. Perform right-of- research Eor each selected alignment, and idcntifi• rcyuircd areas for neeciecl acquisitions, slope easements, and temporary construction easenten[s. CnY OF TEMECUTA Cshibits shall be prepared on 11-inch x 1%-uich shccts on a Ciri• title block for inclusion into the final aligntncnr study report. ~3 Fina1 Alignment Study Report -Prepare and submit a Final Aligtuncnt Studt• Report. The result of the following tasks as well as cshibits, CPLVI schedules, plans of each alternative, rcconuttcndations, and justification for selected/rejected alternative will be inchtded in the final report. • Analyze and quantift• each alternative's abilitl- to meet the established design criteria, and project goals. • :1nah•ze and yuantif~• potential environmental impact for each alternative. TASK 6.0 -PROJECT MANAGEMENT AND QA/QC 6.1 Project Management -This task uichtdcs overall managcmctu of the project, coorduialion with the design team, sub-consultants, city staEE and utility companies. It also includes preparation of meeting minutes, progress reports, and tt]VV1CC5. G.2 QA/QC- This task includes uiclependent review of documents (plans, reports, quantities, and cost estimates) prior to each submittal to control the qualiri• of the product, and assure drat the client's eepectation is fully met. • Identify- potential constraints Eor constructing each alternative. • Identif~• potential right-of-way issues associated with constructing each alternative. • Identif~~ design, cnvironmcntal permitting, mitigation, right-of-~vay- and constntction costs for each alternative. • One pruiteci bound paper copy of the "final :\lignment Snufv Report" with one electronic cop}• in ~1S \~'ord format will be subnuttcd to the City for their review and continents. All included exhibits will be provided on an l 1-inch ~ 17-inch bond shccts 5.4 Comment Review Meeting - `leer with Cit}• staff to review their comments and discuss final rettnements. ~.5 Prepare & Submit Final Documents - :lddress City staffs comments, revise and subnut a final signed bounded paper copy of the Final :1lignment Study ltcport with one electronic cop}- in t~1S \\'ord format Additionally, if rcducstcd, submit one (1) set of vet signed and stamped ll- size 2=1-inch s 3(i-inch mylars with electronic files (auto(:.\D 2008 format) of the project design files. ~ t.`-..._ .. - ~' 4! r PR~1[zOSAL FOR TEMECUU- CREEK CROSSING FOR ACCESS TO TEMECULA PARKWAY t ~' w . _c Project Suggestions Based on the content of the RI•P and our project site visit, w•e offer the follo\ving suggestions drat nught meet all clcsirccl objectives, and could potentially reduce the cost of this project for both, the stud-/design phase and die construction phase. • "The Citt• should consider using available GIS base mapping \vidt 2-foot contours for the preliminary alignment sttuiics. :• Pcr our initial uispcction of die site and rc\•ic\v of the surrounduig roadways, \vc believe that there arc several other alternatives u-hich may fulfill the goals of this project, result in a shorter and more direct route, and consequently reduce the constnuction cost and impact to tltc surrounduig properties and environment. :\s an example, the Country- Glen ~Vay would be a viable alternative, given the existing connection to State Route ?9 south, the potcrttial direct pads to Loma i,inda Road, and shorter length of crossing. Other options \vould im=oh~e extension oF.\vcnida do ~~Iissions southerly across the 'Temecula creek to connect to Loma Linda Road via the existing Corte Sierra or Corte Casa. all these options \vill require property acquisition and relocation, which could turn out to be a less expensive option. Thcsc and other alternatives will also be cxantincd during the ~\lignment ;1lternatives Selection phase of this project. Assumptions and Exclusions 1. Right-of-~~'ay Acquisition Services are not uicludcd. 2. llrainage .-lnalysis and Report is not included. 3. I Iy-draulics .lrtalysis of Temecula Creek is not included. =4. Sl\~PPP and ~VQ'I'R are not reyuireci and therefore not included. 5. Environmental studies arc not uicludcd. 6. 'T'raffic anah•sis or studies arc not included. ?. ~lgcrtcy fcc, if any, is not uicltuicd. 8. Geotechnical Study and Reports arc not included. 9. Preparation of a full biological resources tcclttucal report is not uicludcd. 10. Preparation and processing of en\-ironmental permits from the :1COE, R\~'QCB, and CT)I~G is noc incluclcd. 1 1. Preparation of a conceptual \vetlands mitigation and monitoring plan identifying cotnpensatory• mitigation for potential project unpacts is not inchtdcd. 1?. Processing of a Section ?Consultation with the C,`SF1~/S; consultation and coordination with dtc Resource Conscn•ation .-lutltority (RC;1) pursuant to the ~~'cstcrn Riverside Counh- 1\ISHCP is not included. 13. Foatscd plant and \vildlifc surveys within the study area are not included. 1~}. Preparation of an environmental document pursuant to the California Environmental Qualit~• .pct (CEQ11) and National Environmental Pohc\• .\ct (~IEP~I) is not incluclcd. 1 ~. Bridge ~\dvance Planning Studies arc not included. ~ N .O M P ' N N P O ti N 1~ W C~ f N N N N N VI N qy N _ O e Y~ ~ - - - ., _ a Y j{`~ Y [ ~ N 3 y~ ~g F x M 4 i _ ~ __ _ _ a • ~ J O - _ _ _ O ~ NH _ d - - 0 P i ~) P _ _ _ S n ~_ I H _ _ _ _ O e ~ e e O M N N ' ~ n n ~~ a ~ ~ ~ ~ ~ h ~ F i C ' - r. a _ _ L i . ~. - _ _ _ Y ~ c C ~ c F ; ,. r ,t x S ~ S t n ~ 4 < C pC -_ S t z _ z ` ~ _ _ ~ _ _ - ~ - ~ _ +~ _ ~ y ~ z Y _ _ E c < ; a .? ~ ~ p ~ 5 a _ a _ gp J '~ Z . INLAND AERIAL SURVEYS, INC. 71 17 Arlington Ave., Suite A Riverside, Ca 92503 Phone 951-687-4252 Fax 951-G87-4120 Name /Address Attn: Scott Ilanrm Nolte Associmcs 15070 Avenue of Science, Stc. 100 Smt Diego, CA 9212R IEFFREY SAFFORD Fax: BSR-3NS~I1S0t1 Estimate Dale Estimate # 5!2972008 999fi158 Project: 999.6156 • Avc. Dc Missions Bridge Description Total I . Fly A pFbtograph -famish I set of Blxk & White contact prim. 3,000.00 2. Compile arts as E-Mailed - 1" = 40' with a I' conbur intersal. 3. Famish digital data, ACAD.dwg fik 4. Pmvidc wlor photo Bight and prepare digital color only-plow w overlay ACAD Filc Should you decide to utilize the services of Inland Aerial Surveys, Inc. sign bebw and fax back b 951-687-4120. Pka+e call our office fur a currrnt schodule for this pmjcct. Plwse do mK hesitate w cal l should you have any questions. Thank you, Accepted by: VIA I'DF EMAIL Ucrck C Hail, PLS Namc: President, Inland Aerial Surveys, Inc. Work can be completed within 5 to 10 Business days fmm the time of receipt of contml and phobgraphy. Please be advised that the actual schedule will be based upon our current work Inad at the time of the notice to proceed. This Estimate is valid for 120 days All imoiccs are due 30 days lium the date on the invoice. Sales Tax (7.75%) so.oo Total t Rt s3,ooo. u~ 0 0 4(J H N N n N T 7 a+ N a+ C d C d Q R ~ E _O N N W H .. ~ ~ m O ~ U ~ v v °' 'c '~° > mQ ~ ~ u m E m H w 0 U T 9 "J y C C ~_ Q d .C .~ N ~ ~ C 61 d NOLTE ASSOCIATES, INC. Southern California 2008 Prevailing Wage Charge Rates Schedule 011ice: Ttachninl Siertifces ISnginccring :\ide./Planning Aide ..................................................... ....................._............_....... 3?0.00/hour Project :\ssistanL ................................................................................. ............................................ 596.110/hour Pro~eculdministrator ......................................................................... .......................................... 312o.uo/hour (:ADD "I'cchnician 1 ........................................................................... .......................................... 3105.00/hour G\DD "I'trhnician I1 ......................................................................... .......................................... 3130.1)0/hour CADD'Cechnieian I11 ........................................................................ .......................................... 3136.00/hour Senior C:\DD'I'echntcian/l)esigner ............................................... .......................................... 5145.00/hour Design Suprrvisor ............................................................................... .......................................... 51%0.110/hour Prolessbnal Junior 1?n6dneer/Planner/Survcyor ................................................. .......................................... 5125.00/hour :\ssistant ISnginccr/Planner/Survcyur ............................................ .......................................... SI45.00/hour Assocmtc b:nginecr/Planner/Survcyor ........................................... .......................................... SIGS.UU/hour Senior h.nginecr/I'lanncr/Surveyor ................................................. .......................................... SI?6.110/hour htattagcr ................................................................................................ .......................................... $197.00/Itcrur Stnirnual F:nginccr ............................................................................. .......................................... SI7G.U(1/hour \,..~ „ ciic ......................................................................................... .......................................... 5221.0(1/hour I'r i n n n ~i l _ ........................................................................................ .......................................... 5255.00/hour Field Junior hind I'.nginccr ............................................................. ...................................................... 5141.1111/hutu :\ssistant hiaJd h:nginccr ........................................................ ...................................................... S16GAU/hour Associate hicld 1?nginrer ....................................................... ...................................................... $183.1111/hour Senior hicld F.ngincer ............................................................. ...................................................... 5173.00/hour Construction i\lanagcr ............................................................ ...................................................... 5178.(A)/hour -Person Survr)' Crcw ((iPS)(Rnbntic) ..................................................................................... 5170.1)0/hour -I'crson Survcv Crc\v .................................................................................................................. 5143.1X1/hour 2-Person SurveyCrew .................................................................................................................. S2?2.00/hour 3-Person Survcv Crcev .................................................................................................................. S3fS4.fN)/hour Survey Manager ............................................................................................................................. 3222.fA)/hour Expenses: Plottvtg and In-hottse Reproduction .............................................................................................. 1.15 x Cost Subsistcttcc .......................................................................................................................................... 1.15 x (:ost Other }?spenscs -Including Subconsultants & Pttrchased Services through Subcontracts.. 1.15 x Cost b(ilcagr -Outside heal area ...................................................._................................._.. Per accepted IRS rate Rates are effective through October 02, 2008. If contract assignmrnt extends beyond that date, a new rate schedule will be added to the contract. Litigation support will be billed at 3300.0(1 per hour. Rates bas«l on "Prevailing \C'agc" for Construction Management and Surveying will be detcnnincd I>y Project and County per California law. F:1(ectivc 9/^_N/07 ITEM N~}. 1G Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems DATE: June 10, 2008 SUBJECT: First Amendment for Procurement of Computerized Maintenance Management Software RECOMMENDATION: That the City Council approve an amendment to the agreement for the purchase of Computerized Maintenance Management System (CMMS) software from GBA Masters, Inc. in the annual amount of $34,500.00 commencing FY 2008-09 for a three year total of $103,500 and authorize the Mayor to execute the amendment. BACKGROUND: On August 2007 the City Council approved a contract for $53,895.00 to implement an efficient method for scheduling and tracking maintenance resources. The City completed a Request for Qualification (RFQ) for the purpose of selecting the best software application to automate the service order request and maintenance management processes in the city. Licenses were purchased for the Public Works Traffic Division and Community Services Facilities Division. The success of this application has established the need to purchase additional licenses to go city wide with the Citizen Request Portal. This capability will allow residents to make requests in person or on the City's website and track the completion status of these items in a database with a work flow scheme to develop service orders for pot holes, traffic signal issues, graffiti, and other citizen requests that affect all City Departments. These licenses will be purchased over a three year period as individual City Departments are brought on line. FISCAL IMPACT: Adequate funds are programmed in the fiscal year 2008-2009 annual operating budget for the purchase of Computerized Maintenance Management System (CMMS) software in the amount of $34,500. Attachment: Amendment Agreement with GBA Masters, Inc. FIRST AMENDMENT TO THE SOFTWARE, LICENSING AND MAINTENANCE AGREEMENT BETWEEN CITY OF TEMECULA AND GBA MASTERS SERIES INC. THIS FIRST AMENDMENT is made and entered into as of June 10, 2008 by and between the City of Temecula, a municipal corporation ("Agency") and GBA Masters Series Inc ("gbaMS"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On August 14, 2007 the City and GBA Masters Series Inc entered into that certain agreement entitled "Software Licensing and Maintenance Between the City of Temecula and GBA Masters Series Inc for Licensing and maintenance {"Agreement") in the amount of $53,895.00. B. The parties now desire to amend the Agreement in order to extend the term of the agreement to June 30, 2012, add scope of work, additional Software Licensing and Maintenance, and increase the payment for services in the amount of One Hundred Three Thousand Five Hundred Dollars and No Cents ($103,500.00), and amend the Agreement as set forth in this Amendment. 2. Section 5.a. Payment of the Agreement is hereby amended to read as follows "The Purchase and Installation price which City agrees to pay to gbaMS for additional Software Licensing and Maintenance service is One Hundred Three Thousand Five Hundred Dollars and No Cents ($103,500.00) for a total agreement amount of One Hundred Fifty Seven Thousand Three Hundred Ninety Five Dollars and No Cents, ($157,395.00). The Purchase price is final and shall be paid by the City to gbaMS upon completion of the installation." 3. "Exhibit "A" to the Agreement is hereby amended by adding the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full." 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. C1Program Files (x86}Weevia.ComlDocument Converterltemp1882739.doc IN WITNESS WHEREOF, the parties hereto have caused this Amendment 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 CONSULTANT: GBA Master Series Inc 10561 Barkley Suite 500 Overland Park, KS 66212 (800) 492-2488 Phone (913) 341-3128 Fax (Two Signatures Required For Corporations) z C1Program Files (x86}Weevia.ComlDocument Converterltemp1882739.doc ATTACHMENT "A" DESCRIPTION OF SOFTWARE, LICENSING AND MAINTENANCE I SCOPE OF WORK C1Program Files (x86}Weevia.ComlDocument Converteritemp1882739.doc May 2S, 2008 City of Temecula, CA Jessica Ross Agba S SOFTWARE COST QUOTATION (SQL Server Database Platform) Quote # 82339 IGBA Work Master I $80.000 I Site License I $80,0001 Annual Support & Maint. Package (20% of license Credit for 7 Work Master Licenses currently owl Credit for ASM on 7 Work Master -icenses currently ow Sub To Additiona! License Fee for Upgrade to Work Master Site License Total $56,800.00 Additiona- Annual Support/Maintenance Fee for Upgrade to Work Master Site License Tota- $11,360.00 Tax (7.75%) $5,282.40 Total Additional Cost $73,442.40 Does not include product training or data conversion. irchaseTerms (as applicable) Above quoted prices are good for sixty (60) days from date of quote. Please address questions and concerns Above prices are standard license fees for Microsoft SQL Server or Oracle database platform. GBA Master Series, I Above prices are in U.S. dollars. Taxes not included. c!o Allison Tuttle, F GBA GIS Manager and GBA GIS Analyst for Desktop are licensed on a concurrent user basis. License fees do not :lude ArcGIS by ESRI. 10561 Barkley, Suite Invoice terms are net due upon receipt. Finance charges at the maximum allowable rate will be incurred 30 days Overland Park, KS 66: m invoice date. Shipping and Handling is included. (800)492-2~ Products that are priced "per device" do not include the cost of the device or any further software that may be Fax: (913) 341-3 luired to run the gbaMS program. U+71ess otherwise noted a!lprogramsare reyiste+ec+t+ac+emarks ofGBA Master Series lnc. ITEM N~}. 17 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: June 10, 2008 SUBJECT: Voter Approved Measure C Annual Special Tax Levy PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2008-2009 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS BACKGROUND: Beginning Fiscal Year 1997-1998, the Community Services, Parks and Recreation and Arterial Street Lights Rates and Charges previously levied by the Temecula Community Services District (TCSD) were replaced by the City of Temecula's Parks/Lighting Services special tax approved by the voters as Measure C on March 4, 1997. The purpose of the Parks/Lighting Services Special Tax is to provide for the ongoing operations, maintenance and servicing of the City's public parks and recreation and cultural facilities, recreational and human services programs, median landscaping, arterial street lights and traffic signals. The Parks/Street Lighting Services Special Tax is levied in the same manner, at the same time as the TCSD Rates and Charges, and collected on the annual property tax bill for Fiscal Year 2008- 2009. The maximum annual tax has been established at $74.44 per single-family residential dwelling unit, $55.84 per multi-family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in anon-residential zone, $446.64 per acre of non-residential improved property, $148.88 per acre of golf course property and $37.22 per acre for agricultural uses. For Fiscal Year 2008-2009, the total proposed operating budget for parks; recreational programs; recreational and cultural facilities; landscaped medians; arterial street lighting and traffic signal services is $11,448,995. As per the budget the anticipated revenue based on the assessed rate from all taxable parcels within the City for Fiscal Year 2008-2009 is $3,710,806. The difference in operating costs over levy revenue is offset by recreational revenues, user fees and REST Program contributions. Pursuant to City Ordinance 96-21, the City Council is also empowered to establish the amount of the tax levy each fiscal year. As a result, it is recommended that the amounts to be levied for Fiscal Year 2008-2009 shall be the maximum tax rate approved by voters within the following categories: $ 74.44 per single family residential dwelling unit $ 55.84 per multi-family residential dwelling unit $ 148.88 per acre of vacant property in a residential zone $ 297.76 per acre of vacant property in anon-residential zone $ 446.64 per acre of non residential improved property $ 148.88 per acre of golf course property $ 37.22 per acre of agricultural property This will be the twelfth (12t") consecutive year that the Revenue Excess Sharing in Temecula (REST) program has contributed to the funding of the parks, programs, facilities and services provided by the TCSD. FISCAL IMPACT: The Special Tax levy at the proposed rates will generate $3,710,806. The remaining funds necessary to complete the ParklLighting Services budget will be derived from recreation revenue, user fees, and general fund contributions. ATTACHMENTS: 1. Resolution to Levy the ParkslLighting Special Tax RESOLUTION NO. 2aas- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2aa8-2aa9 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to the authority of Article XI, Section 7 of the California Constitution, Government Cade Section 37100.5, and other applicable law, the City Council adopted, and the voters of the City of Temecula approved, Ordinance No. 96- 21, levying and assessing a special tax on each parcel of property in the City of Temecula for each fiscal year, commencing with fiscal year 1997-1998. Section 2. The maximum amount of said special tax far each fiscal year as established by Ordinance No. 96-21 is $74.44 per single-family residential dwelling unit, $55.84 per multi-family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in anon-residential zone, $446.64 per acre of non-residential improved property, $148.88 per acre of golf course property and $37.22 per acre for agricultural uses. Section 3. Pursuant to Ordinance No. 96-21 the City Council is empowered to establish the amount of the special tax levy annually each fiscal year, in amounts not to exceed the maximum amounts specified in Section 2 of this Resolution, as is required to provide an adequate level of service in accordance with the purposes set forth in the Ordinance. Section 4. The City Council hereby determines that the maximum rates will be required in order to provide an adequate level of service in accordance with the purposes set forth in Ordinance No. 96-21, and hereby establishes the following amounts to be levied as a special tax for Fiscal Year 2008-2009, which amounts are the maximum amounts established by Ordinance No. 96-21 and approved by voters: $ 74.44 per single-family residential dwelling unit $ 55.84 per multi-family residential dwelling unit $148.88 per acre of vacant property in a residential zone $297.76 per acre of vacant property in anon-residential zone $446.64 per acre of non-residential improved property $148.88 per acre of golf course property $ 37.22 per acre of agricultural property Section 5. The special tax shall be collected in the same manner, on the same dates, and shall be subject to the same penalties and interest as other charges and taxes fixed and collected by the County of Riverside on behalf of the City of Temecula. Said special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and said special tax, together with all penalties and interest thereon, shall until paid, constitute a personal obligation of the City of Temecula by the persons who own the parcel on the date the tax is due. All laws applicable to the levy, collection and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to the special tax, except far California Revenue and Taxation Code Section 4831. Section 6. The revenue raised by the special tax shall be placed in a special fund to be used only for the purposes of financing recreational and human services programs and the operation, maintenance and servicing of public parks and recreational facilities, median landscaping, arterial street lights and traffic signals throughout the City of Temecula and administrative expenses incurred by the City in connection therewith. Section 7. The special tax shall not be imposed upon a federal or state governmental agency or another local governmental agency or upon any parcel of property that is exempt from the special tax imposed by this ordinance pursuant to any provision of the Constitution or any paramount law. Section 8. The City Clerk is hereby ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California before August 10, 2008, the property tax roll with the special tax enumerated for each parcel not exempt therefrom; and the County Auditor is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of such special tax as shown on that roll and to perform any and all duties necessary therefor. Section 9. If a property owner subject to the special tax challenges or questions the levy of the special tax against such property owners' property, such property owner must appeal the levy by filing an appeal with the City Clerk before 5:00 p.m. on December 1, 2008, pursuant to procedures established by the City. Section 10. If a property owner subject to the special tax believes that payment of the special tax for fiscal year 2008-2009 would create a hardship for that property owner during that fiscal year, such property owner must appeal the levy by filing a hardship appeal with the City Clerk before 5:00 p.m. on December 1, 2008, pursuant to the procedures established by the City, in order to be considered under the hardship appeal program. Section 11. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provision of this Resolution are declared to be serverable. The City Council does hereby declare that it would have adopted this Resolution and each section, subsection, sentence, clause, phrases, parts or portions hereof are declared invalid or unconstitutional. Section 12. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2448. Michael S. 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. 48- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2448, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk TEMECULA COMMUNITY SERVICES DISTRICT ITEM N~}. 18 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT MAY 27, 2008 A regular meeting of the City of Temecula Community Services District was called to order at 7:34 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 DIRECTORS: Edwards, Naggar, Roberts, Washington, ABSENT: 1 DIRECTORS: Comerchero Also present were City Manager Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 16 Minutes RECOMMENDATION: 16.1 Approve the minutes of May 13, 2008. 17 Financial Statements far the Nine Months Ended March 31.2008 RECOMMENDATION: 17.1 Receive and file the Financial Statements for the nine months ended March 31, 2aos. 18 Second Amendment to Prudential Overall Supply Agreement RECOMMENDATION: 18.1 Approve the Second Amendment with Prudential Overall Supply in the amount of $25,000.00 for Uniform, Floor Mat, Dust Mop and Towel Cleaning/Rental Service for Fiscal Year 2008-2009. R:\Minutes\052708 19 First Amendment to the Janitorial Services Agreement for Park Restrooms and Picnic Shelters with Environmental Cleaning Solutions & Services, Inc. or Fiscal Year 2008-2009 RECOMMENDATION: 19.1 Approve the First Amendment with Environmental Cleaning Solutions & Services Inc, for $63,780.00 to provide Janitorial Services for Park Restrooms and Picnic Shelters and extend the agreement to June 30, 2009; 19.2 Authorize the General Manager to approve additional work not to exceed the contingency amount of $6,378.00 which is equal to 10°to of the Amendment. 20 Second Amendment to T & T Janitorial Agreement for City Facility Janitorial Services RECOMMENDATION: 20.1 Approve the Second Amendment with T and T Janitorial in the amount of $123,625.44 for Janitorial Maintenance Services at the various locations and extend the agreement to June 30, 2009. 21 First Amendment to the Elevator Services and Monitoring Agreement with ThyssenKrupp Elevator for Fiscal Year 2008-2009 RECOMMENDATION: 21.1 Approve the First Amendment with ThyssenKrupp Elevator in the amount of $25,000.00 for Elevator Services and Monitoring for Fiscal Year 2008-2009. 22 First Amendment to the Tree Trimming Maintenance Services Agreement with West Coast Arborist, Inc. for Fiscal Year 2008-2009 RECOMMENDATION: 22.1 Approve the First Amendment with West Coast Arborist, Inc. in the amount of $50,000.00 for Tree Trimming Maintenance Services for Fiscal Year 2008-2009. 23 Whitney Vail Wilkinson Collection (at the request of Mayor Naggar) RECOMMENDATION: 23.1 Approve the agreement to accept the donation of the Whitney Vail Wilkinson Collection and transfer the collection to the Temecula Valley Museum. R:\Minutes\052708 24 Agreement with Central Security Services, Inc. pulled off the agenda at the request of staff RECOMMENDATION: 24.1 Award contract to Central Security Services, Inc. for Alarm Monitoring, Inspection, and Repair Services in the amount of $34,844.00 for Fiscal Year 2008-2009. 25 Agreement with Richardson Technologies Inc. far Heating and Air Conditioning Services RECOMMENDATION: 25.1 Award contract to Richardson Technologies, Inc. for Heating and Air Conditioning Maintenance Services in the amount of $56,868.00 far Fiscal Year 2008-2009. 26 Agreement with Marine Biochemists for Water ManagementlMaintenance Services RECOMMENDATION: 26.1 Award contract to Marine Biochemist, for Water Management/Maintenance Services at the Harveston Lake Park and Temecula Duck Pond in the amount of $83,200.00 for Fiscal Year 2008-2009. 27 First Amendment to Graphic Design Agreement with Adkins Consulting RECOMMENDATION: 27.1 Approve the Amendment No. 1 to the Agreement with Adkins Consulting in the amount of $4,000.00 for a total agreement amount of $34,000.00 for the design of the 2009 Temecula Presents brochure and season calendar of Temecula Presents events and authorize the General Manager to execute the agreement. 28 Approval of the Plans and Specifications and Authorization to solicit construction bids for the Temecula Community Center Expansion, Project No. PW06-05 RECOMMENDATION: 28.1 Approve the Plans and Specifications and authorize the Public Works Department to solicit construction bids for the Temecula Community Center Expansion, Project No. PW06-05. MOTION: Director Edwards moved to approve the Consent Calendar subject to pulling Item No. 24 off the agenda per staff recommendation. Director Naggar seconded the motion and electronic vote reflected approval with the exception of Director Comerchero who was absent and Director Washington who abstained on Item No. 16. R:\Minutes\052708 CSD DIRECTOR OF COIVIIVIUNITY SERVICES REPORT No reports at this time. CSD GENERAL IUTANAGERS REPORT No reports at this time. CSD BOARD OF DIRECTORS REPORTS Director Naggar commended the Community Services Department for its efforts with the implementation of the new Summer/Fall 2008 Guide to Leisure Activities brochure recently distributed via mail. CSD ADJOURNMENT At 7:38 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, June 10, 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\052708 4 ITEM N~}. 19 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 10, 2008 SUBJECT: First Amendment to the Roof Preventive Maintenance Services with Tremco/Weatherproofing Technologies, Inc. for Fiscal Year 2008-2009 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: 1. Approve the First Amendment with Tremco/Weatherproofing Technologies, Inc, for $29,800.00 to provide preventive roof maintenance services at the various locations and extend the Agreement to June 30, 2009. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for Preventive Roof Maintenance Services on June 27, 2007. The TCSD received one (1) proposal from Tremco/Weatherproofing Technologies, Inc. A one (1) year Contract with the option of four (4) one-year extensions was awarded to Tremco/Weatherproofing Technologies, Inc, effective August 14, 2007 thru June 30, 2008 in the amount of $50,000.00. The First Amendment is now requested to authorize the first one (1) year extension as permitted per original contract. The cost to provide roof preventive maintenance service for fiscal year 2008 - 2009 is $29,800.OO.This additional year of service will increase the total contract amount to $79, 800.00. FISCAL IMPACT: The cost of the FirstAmendment for services to be provided through June 30, 2009 is $29,800.00. Sufficient funds have been included in the Annual Operating Budgets for FY 2008 - 2009 in the following accounts: 190-181, 196-182, 190-184, 190-185, 190-188, 190- 189, 197-180, 340-701, 340-702, 340-703 and 001-164. ATTACHMENTS: 1) Amendment No 1. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND TREMCO/WEATHERPROOFING TECHNOLOGIES, INC THIS FIRST AMENDMENT is made and entered into as of June 10, 2008 by and between the Temecula Community Services District, a municipal corporation ("City") and TremcolWeathreproofing Technologies, Inc. {"Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On August 14, 2007 the City and Tremco/Weatherproofing Technologies, Inc, entered into an agreement entitled "City of Temecula Agreementto provide roof preventive maintenance services" (Agreement) in the amount of $50,000.00. B The parties now desire to increase the payment of the Agreement in the amount of $29,800.00 and amend the Agreement as set forth in this Amendment. 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2009. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT" of the Agreement is amended to read: "The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Anyterms in Exhibit B otherthan the payment rates and schedule of payment are null and void. This amount shall nat exceed Twenty Nine Thousand Eight Hundred Dollars and No Cents ($29,800.00) for roof preventive maintenance program and services, for a total contract amount of Seventy Nine Thousand Eight Hundred Dollars and No Cents ($79,800.00) for the term of the Agreement, unless additional payment is approved as provided in this Agreement." 4. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment A to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Exceptforthe changes specifically set forth herein, all otherterms and conditions of the Agreement shall remain in full force and effect. 111111 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeff Comerchero, President ATTEST: BY: Susan W. Janes, MMC City ClerklBoard Secretary Approved As to Form: BY: Peter M. Thorson, City Attorney TremcolWeatherproofing Technologies, Inc. 3735 Green Rd. Beachwood, OH 44122 Phone: (800) 852-6013 BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) ATTACHMENT "A" EXHIBIT B CITY OF TEMECULA PAYMENT RATES AND SCHEDULE PRICING SHEET LOCATIONS PRICE PER PRICE PER PRICE PRICE PRICE PER 2008 2009 PER 2010 PER 2011 2012 CITY HALL, 43200 $2,581.00 $2,582.00 $2,581.00 $2,581.00 $2,581.00 Business Park Drive TEMECULA VALLEY $956.00 $956.00 $956.00 $956.00 $965.00 MUSEUM, 28314 Mercedes Street MARY PHILLIPS $1,032.00 $1,032.00 $1,032.00 $1,032.00 $1,032.00 SENIOR CENTER, 41845 6th Street CHAPEL OF $956.00 $956.00 $956.00 $956.00 $956.00 MEMORIES, 28300 Mercedes Street TEMECULA $956.00 $956.00 $956.00 $956.00 $956.00 COMMUNITY CENTER, 28816 Pujol Street **TEMECULA $2,151.00 $2,151.00 $2,151.00 $2,151.00 $2,151.00 CHILDREN'S MUSEUM, 42081 Main Street COMMUNITY $3,795.00 $3,795.00 $3,795.00 $3,795.00 $3,795.00 RECREATION CENTER, 30875 Rancho Vista Road FIRE STATION 84, $1,666.00 $1,666.00 $1,666.00 $1,666.00 $1,666.00 30650 Pauba Road MAINTENANCE $956.00 $956.00 $956.00 $956.00 $956.00 FACILITY, 43100 Business Park Drive FIRE STATION 73, $2,151.00 $2,151.00 $2,151.00 $2,151.00 $2,151.00 27415 Enterprise Circle West OLD TOWN COMMUNITY $7,294.00 $7,294.00 $7,294.00 $7,294.00 $7,294.00 THEATER, 42051 Main Street ATTACHMENT "A" EXHIBIT "B" (Continue) TEMECULA VALLEY $3,306.00 $3,306.00 $3,306.00 $3,306.00 $3,306.00 LIBRARY, Pauba Road FIELD OPERATION $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 CENTER 43200 Business Park Drive ALTERNATE BID ITEMS-For repair or extra work authorized by District MARK-UP ADDED TO CONTRACTOR'S WHOLESALE PRICE OF PARTS & EQUIPMENT % 25 HOURLY RATE PER REGULAR MAN HOUR-8am To 5pm Monday through $93.75* Friday HOURLY RATE PER OVERTIME MAN HOUR-After-hours, Weekends, $93.75* Holidays, etc. *Billed in half day increments, minimum one half day. Contractor's Sign ITEM N~}. 2d Approvals //~~' "(/ City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 10, 2008 SUBJECT: Temecula Community Services District Fiscal Year 2008 - 2009 Annual Maintenance Agreements. PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: 1. Approve the minor annual maintenance and constructions contracts for Fiscal Year 2008 - 2009 with: 1. Sean Malek, for an amount not to exceed 2. Rizzo Construction, Inc. for an amount not to exceed 3. Moore Fence, for an amount not to exceed 4. Park Specialties, for an amount not to exceed 5. Alexander Pacific, for an amount not to exceed 6. N.P.G. Inc. for an amount not to exceed 7. Imperial Paving Company, Inc. for an amount not to exceed 8. Strong Painting, for an amount not to exceed 9. Craftsmen Plumbing, for an amount not to exceed 10. Power Distributors Inc. for an amount not to exceed 11. Monteleone Contractor's, Inc. for an amount not to exceed 12. Tiger Equipment, Inc. for an amount not to exceed $100, 000.00 $100,000.00 $100, 000.00 $100,000.00 $100, 000.00 $100, 000.00 $100,000.00 $100,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 BACKGROUND: Each year the Temecula Community Services Department enters into numerous maintenance and construction agreements with various contractors that perform minor maintenance and construction jobs throughout the City. These jobs usually range in cost from over $1,000 to under $25,000 and involve miscellaneous repairs electrical, fencing, paving, grading or excavation, plumbing, painting, general construction and emergency call-out. Nevertheless, each job requires an agreement between the City and the contractor. In an effort to streamline these contractual requirements, staff has taken measures to place under agreement twelve (12) contractors that are very capable of performing routine jobs and emergency services. Essentially, these agreements will give staff administrative tools needed to efficiently execute minor maintenance and construction work by having executed agreements which satisfy insurance, prevailing wage requirements, terms and conditions as well as a general scope of work. This contracting technique is widely used by cities to employ a higher more responsive maintenance capability. Also, in the event of emergencythat can impinge the safety of the Cityfacilities, and other City maintained areas, these agreements can facilitate an expedient reaction and resolution to adverse conditions without jeopardizing administrative requirements. It is important to understand that the not to exceed $50,000.00 to $100,000.00 amounts does not necessarily mean it will be spent but rather is a ceiling to operate on an as needed basis. Although some jobs may be better accomplished by one contractor because of equipment availability, timing issues and job location, every effort will be made by staff to distribute the work load evenly between these contractors. The contractor will be responsible far providing a work proposal for each job, which must be approved by staff before any work is started. Staff mailed letters to twenty-five {25) contractors in the local area that could meet the described minor routine maintenance and construction work required. The letters requested time and material pricing for both labor and equipment rates. It also included holiday and overnight rates. Seventeen {17) out of the twenty-five {25) contractors responded and provided competitive labor and equipment rates as seen in Exhibit "B" of each agreement. The Staff has reviewed these rates and has determined they are consistent with current prevailing wages and current hourly equipment rates previously paid by the City. The contractors listed below responded to the request for time and material rates and are recommended for a notto exceed $50,000.00 to $100,000.00 agreements for a one (1) year term. Company Amount not to Exceed Term 1. Sean Malek Construction $100,000.00 1 year 2. Rizzo Construction, Inc. $100,000.00 1 year 3. Moore Fence $100,000.00 1 year 4. Park Specialties $100,000.00 1 year 5. Alexander Pacific $100,000.00 1 year 6. N.P.G. Inc. $100,000.00 1 year 7. Imperial Paving Company, Inc. $100,000.00 1 year 8. Strong Painting, $100,000.00 1 year 9. Craftsmen Plumbing, $ 50,000.00 1 year 10. Power Distributors Inc. $ 50,000.00 1 year 11. Monteleone Contractor's, Inc. $ 50,000.00 1 year 12. Tiger Equipment, Inc. $ 50,000.00 1 yea FISCAL IMPACT: Sufficient funds are available programmed in the FY 2008-2009 Annual Operating Budget. ATTACHMENTS: 1) Contracts R:\SIRE REPORTS ET AL1MaintenanceWgenda Report 2008-2009'.Agenda Report Elevator 2008-2009.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2008-2009 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 10, 2008 by and between the Temecula Community Services District, ("District") and SEAN MALEK ENGINEERING AND CONSTRUCTION ("Contractor"). Inconsideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor forthe future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work underthis Agreement is non-exclusive and the Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of the Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2008 and shall terminate as of June 30, 2009 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (34) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation C:\Program Files (x86)1Neevia.Com\Document Converterltemp\883046.doc under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff orsub-contractor hired, and shall pay the adapted 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, or mechanic employed, paid less than the stipulated prevailing rates for anywork done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time oftermination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions ofthis Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and withoutfault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/ar District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or C:\Program Files (x86)\Neevia.Com\Document Converterttemp\883046.doc death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Cantractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commercial General Liability Insurance orotherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor 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: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Cantractor; premises awned, occupied or used by the Contractor; orautomobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. C:\Program Files (x86)\Neevia.Com\Document Converterttemp\883046.doc (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance orself-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3} Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required bythis clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability far Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will complywith such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the powerto incur any debt, obligation or liabilitywhatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the C:\Program Files (x86)\Neevia.Com\Document Converterttemp\883046.doc Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the District for purposes of letting this Contract outto proposal will be accepted as an excuse far any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever far extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. 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 District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District 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 safetyand 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. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by {i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or {iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C:\Program Files (x86)\Neevia.Com\Document Converterttemp\883046.doc To District: Temecula Community Services District P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Sean Malek Engineering and Construction 43905 Margarita Road Temecula. CA 92592 Phone (951) 302-9384 Contact Person: Sean Malek 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it bylaw for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree thatthe laws of the State of California shall govern the rights, obligations, duties and liabilities ofthe 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 jurisdiction over the Temecula Community Services District. I n 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. 26. PROHIBITED INTEREST. No member, officer, ar employee of the Temecula Community Services District 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, officer or employee of the Temecula CommunityServices District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyotherthan the Temecula CommunityServices District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C:1Program Files (x86)\Neevia.Com\Document Converterttemp\883046.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero. President Attest: Susan W. Jones, MMC, City ClerklBoard Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Sean Malek Engineering and Construction 43905 Margarita Road Temecula, CA 92592 Phone (951) 302-9384 Contact Person: Sean Malek By: Name: Title: By: Name: Title: (Two Signatures Required for Corporations) C:\Program Files (x86)\Neevia.Com\Document Converterttemp\883046.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractar for the future repair, improvement, maintenance services and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, andlor minor construction work. The procedure for assigning work is set forth as follows: 1. Director of the Temecula Community Services District ("Director") or his designee shall submit to Contractar a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time far completion of the work, and the plans and specifications, if any, work. 2. Within five {5} business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessaryto complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergencywork is required, the Directormaytransmitthe Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C:\Program Files (x86)\Neevia.Com\Document Converterttemp\883046.doc EXHIBIT B LABOR AND EQUIPMENT RATES EXHIBIT B LABOR AND EQUIPMENT RATES SEAN MALEK ENGINEERING ANp CONSTRUCTION EQUIPMENT RENTAL RATES LOADERS Skipl oader.....,....5115.0011hr. Whaol Load~r..........$145.OOIhY. EXCAVATORS Min i-Exoavator....,.....$125.00lhr. Excavator..........5175.Otl/hr. BACKHOES B ackhoe..........$125.OOlhr. Dackhoe wlBreaker..........$135.QOlhr. TRUCKS Service Truck..........$45.OOfhr. Water Truck..........$75.001hr. Dump 7ruck,.........5100.001hr. - 5115.OOfhr MISCELLANEOUS W acker..........545.00/hr. AIr Compressor..........$45.OOfhr. Tre n c h o r......,... $115.00! h r. Jack Hammer..........5125.001hr. Storage Bin..........$175.00/mth. R:\SIRE REPORTS ETAL\MaintenanceWnnual Maintenance Contracts 2008-2009\Sean Malek 08-09.doc C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883046.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2008-2009 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 10, 2008 by and between the Temecula Community Services District, ("District")and RIZZO CONSTRUCTION INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor forthe future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work underthis Agreement is non-exclusive and the Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of the Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2008 and shall terminate as of June 30, 2009 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (34) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883045.doc under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff orsub-contractor hired, and shall pay the adapted 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, or mechanic employed, paid less than the stipulated prevailing rates for anywork done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time oftermination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions ofthis Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and withoutfault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/ar District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883045.doc death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Cantractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commercial General Liability Insurance orotherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor 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: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Cantractor; premises awned, occupied or used by the Contractor; orautomobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883045.doc (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance orself-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3} Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required bythis clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability far Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will complywith such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the powerto incur any debt, obligation or liabilitywhatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883045.doc Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the District for purposes of letting this Contract outto proposal will be accepted as an excuse far any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever far extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. 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 District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District 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 safetyand 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. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by {i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or {iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883045.doc To District: Temecula Community Services District P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Rizzo Construction Inc. 30145 Corte Plata Temecula. CA 92591 Phone (951) 676-3001 Contact Person: Charles Rizzo 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it bylaw for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree thatthe laws of the State of California shall govern the rights, obligations, duties and liabilities ofthe 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 jurisdiction over the Temecula Community Services District. I n 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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, officer or employee of the Temecula CommunityServices District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyotherthan the Temecula CommunityServices District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883045.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero. President Attest: Susan W. Jones, MMC, City ClerklBoard Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR RIZZO CONSTRUCTION INC. 30145 Corte Plata Temecula, CA 92591 (951) 676-3001 Contact Person Charles Rizzo By:, Name: Title: Name: Title: (Two Signatures Required for Corporations) C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883045.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractar for the future repair, improvement, maintenance services and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, andlor minor construction work. The procedure for assigning work is set forth as follows: 1. Director of the Temecula Community Services District ("Director") or his designee shall submit to Contractar a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time far completion of the work, and the plans and specifications, if any, work. 2. Within five {5} business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessaryto complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergencywork is required, the Directormaytransmitthe Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883045.doc EXHIBIT B LABOR AND EQUIPMENT RATES R1ZZo Construction Inc. PROPOSAL GENERAL CONTRACTOR BONDED ~ INSURED -LICENSE NO. 624315 30145 CORTE PLATA ~ TEMECULA , CA. 92951 OFFICE: (951) 676-3001 FAX: (951) 695-9210 CEL (951) 326-7698 TO: CITY OF TEMECULA PROJECT VARIOUS PROJECTS FOR 43200 BUSINESS PARK DR. MAIN"PAINANCE DIVISION TEMECULA, CA. 92590 CITY OF TEMECULA,CA. ATT: BRUCE /JF,RLY PHONE: (951) 302-4104 FAX 302-4169 PHONE: DATE: 2/27/08 SPECIFICATIONS: VARIOUS PROJECTS GENERAL CONTRACT FISCAL. YEAR 2008/2009 We propose to firrnish all labor, material and equipment necessary to complete the following: THIS PROPOSAL IS FOR VARIOUS GF,NERAL CONSTRUCTION PROJECTS AND REPAIRS WORK AT THE CITY OF TEMECULA FACILII"IES. PURCHASE ORUERS TO BE WRITTEN FOR 6'ACH. PROJEC"F'S THAT CAN BE QUOTED FOR AN EXACT AMOUNT SHELL BE DONE SQ, O`fHER PROJECTS SHALL BE ON A TIME & MATERIAL PLUS 20% MARK-UPBASES, PLUS 2% LIBILITY INSURANCE. LABOR RATES: REGULAR HOURS 6:OOAM TO 5:00 PM = $ 72.60 PER HOUR. NIGHT HOURS 5:00 PM TO I:OOAM = $78.10 PER HOUR. I: 00 AM TO6:00 AM AND WEEKF,NDS _ $ 91.30 PER HOUR, EQUIPTMENT' RENTAL SHALL BF, PER THF, GOING RATE UPON AVAIBLITY OF THE EQUIPTMENT NEEDED PLUS DELIVIERY AND PICK-UP COSTS. IF BUILDWG & SAFETY REQUIRES DRAFTED DRAWINGS, THE CITY MUST PROVIDE THEM OR THEY SHELL BF, DONE BY A OUT OF CI"TY ARCHITECT AND ENGINEER AT THE GOING RATE. For the total sum of Terms: BILLING PER PROJECT WITH P.U. NF.T 30 DAYS (Sales Tax Included) Dollars Performance of the work to be done in accordance with the best developed industry techniques. The Company carries Workmans's Compensation and Public Liability and Property Damage Insurance This bid is based on the current price of labor and material. If not accepted within 30 days from date hereof, the right is reserved to submit a new bid. If the services of an attorney be employed for the enforcement of any of the obligations of the purchaser, or of the seller, either by suit or otherwise, puchaser agrees to pay reasonable attorney fees. All orders accepted subject Lo clearance by our credit department and subject Co signature of an officer of the Company at our direction. All agreements contingent upon strikes, accidents, acts of God, or other delays beyond our control. NAME OF OWNER I J.\ I I' NAME OF LENDER BY TI'I'I"i: C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883045.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2008-2009 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 10, 2008 by and between the Temecula Community Services District, ("District"}and MOORE FENCE CO., INC. ("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor forthe future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work underthis Agreement is non-exclusive and Temecula Community Services District reserves the right to hire other contractors to perform similarwork. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2008 and shall terminate as of June 30, 2009 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (34) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883040.doc under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff orsub-contractor hired, and shall pay the adapted 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, or mechanic employed, paid less than the stipulated prevailing rates for anywork done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time oftermination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions ofthis Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and withoutfault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/ar District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883040.doc death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Cantractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commercial General Liability Insurance orotherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor 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: (1) The District, City and Redevelopment Agency ,its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Cantractor; premises awned, occupied or used by the Contractor; orautomobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883040.doc (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance orself-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3} Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required bythis clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability far Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will complywith such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the powerto incur any debt, obligation or liabilitywhatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883040.doc Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the District for purposes of letting this Contract outto proposal will be accepted as an excuse far any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever far extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. 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 District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District 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 safetyand 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. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by {i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or {iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883040.doc To District: Temecula Community Services District P O Box 9033 Temecula. CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Moore Fence Co., Inc. P.O. BOX 1297 Perris CA, 92570 Phone (888) 718-9777 Contact Person. Scott Moore 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities ofthe 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 jurisdiction over the Temecula Community Services District. I n 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 casts incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 contractorlconsultant covenants and agrees to their knowledge that no board member, officer or employee of the Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyotherthan the Temecula CommunityServices District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883040.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchera, President Attest: Susan W. Jones, MMC, City ClerklBoard Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR MOORE FENCE CO., INC. P.O. Box 1297 Perris CA, 92570 (888) 718-9777 FAX {951 } 940-0429 By: Name: Title: By: Name: Title: {Two Signatures Required for Corporations} C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883040.doc EXHIBIT A Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor far the future repair, improvement, maintenance services andlar minor construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request far Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessaryta complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergencywork is required, the Directormaytransmitthe Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883040.doc EXHIBIT B LABOR AND EQUIPMENT RATES 04/15/2008 12 ~. 37 FAX 9519400429 ld00FE FENCE ~ 002/002 ~~~ MOORE FENCE CO., INC. P.O. BOX 1297 P~ftRIS, CALIFORNIA 92570 1-88S-71S-9777 rAX(951)940-0429 April 15, 2008 City ofTemccula Community Services Department 43200 Business park Drive 'Temecula, CA 92590 Labor ~ 80.00 per hour per man at prevailurg wage rate After hours or weekends ~ 121.00 per hour per znan Holiday hours $ 160.52 per hour per man Materials 15% end mark up on material over our vendor's wholesale price, plus tax. (NOTki: We buy in bulk on most hems therefore our paces on material should be very good.) E~uinment No charge for standard crew equipment. (Ex. Tnzek, lzand tools, power digger, welder.) 10% end mark up on specialty equipment. (F,x. Bobcat, scaffold, trencher, core drill.)' We can provide just about any type of fencing that you need excluding masonry block wall. We do all types of vinyl, ornantcntat Iron, wood, Chain link, windscreen and tempozary fencing- Repair work is no problem. if you have any questions please call- Scott Moore Branch Manager Cell: 951-712.272 J Office: 951-657-3005 U C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883040.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2008-2009 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 10, 2008 by and between the Temecula Community Services District, ("District") and PARK SPECIALTIES, ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor forthe future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work underthis Agreement is non-exclusive and the Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of the Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2008 and shall terminate as of June 30, 2009 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the Board pf Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (34) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883042.doc under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff orsub-contractor hired, and shall pay the adapted 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, or mechanic employed, paid less than the stipulated prevailing rates for anywork done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time oftermination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions ofthis Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and withoutfault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/ar District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883042.doc death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Cantractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commercial General Liability Insurance orotherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor 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: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Cantractor; premises awned, occupied or used by the Contractor; orautomobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883042.doc (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance orself-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3} Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required bythis clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability far Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will complywith such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the powerto incur any debt, obligation or liabilitywhatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883042.doc Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the District for purposes of letting this Contract outto proposal will be accepted as an excuse far any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever far extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. 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 District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District 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 safetyand 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. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by {i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or {iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883042.doc To District: Temecula Community Services District P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Park Specialties P.O. BOX 891833 Temecula CA. 92589 Phone (800) 399-8484 Contact Person, Robert Derieux 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it bylaw for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree thatthe laws of the State of California shall govern the rights, obligations, duties and liabilities ofthe 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 jurisdiction over the Temecula Community Services District. I n 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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, officer or employee of the Temecula CommunityServices District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyotherthan the Temecula CommunityServices District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883042.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchera. President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR PARK SPECIALTIES P.O. BOX 891833 Temecula CA, 92589 {800) 399-8484 FAX (760} 728-1177 Contact Person, Robert Derieux By: Name: Title: Name: Title: (Two Signatures Required for Corporations} C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883042.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, andlor minor construction work. The procedure for assigning work is set forth as follows: 1. Director of the Temecula Community Services District {"Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five {5} business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessaryto complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergencywork is required, the Directormaytransmitthe Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883042.doc EXHIBIT B LABOR AND EQUIPMENT RATES PARK SPECIALTIES PARK AND PLAYGROUND PROFE5510NALS CA. LIC# 702962 A 6 C6 I /D 12 ~ C6 I /D34 NV LIC #5 109G A-2 I May 9, 2008 Gty of 1"emecula Gornrnuruty Services Department 43200 Business Park Drive Temecula, CA 92590 Rr: l erne and Material Request Park 5peaalt~es is one of the largest playground m5tallation companies in Southern Cabforrua. Our frre (5) full time crews installed 525 playgrounds and over a quarter mdiion Square feet of poured m place rubber Surface last year m California and Nevada. We hold six (6) factory certifications by rna~or manufacturers (Landscape structures, Inc., Playworld, Ganietime, Surface America, Tot Turf and Miracle Recreation equipment Company). Please consider the individual qualification of our key team members: Robert DeRieux, President. Robert founded Park Specialties ~n 1994 and has 17 years mdustry experience. Ile is a former trustee and board member of the NPCA (National Playground Contractors ASSOCiation) and has been mStrumental in developing a national mstailation standard. Robert has been through NP51 trauvng twice and is r3gularly consulted for input; on content framing. Chris Templeton, Operations Manager. Chris has 12 years of playground industry experience and i~ke all Park Specialties foremen, he holds current FiP51 certification. Regarding the Specific information requested, our regular rate per i~~an is $75.00 and overtime is ;~ I 12.50 per hour per nian. We do charge a mark up (I 5%) on provided parts, materials or equipment. Our instalEation fees are based on 35°~0 of the hSt price of playstructures and additional park equipment provided by the manufacturer. P. O. DOX 89 1833 TEMECULA, CA, 92589- 1833 800 399-8484 / (760) 728- I I 0 I FAX (760) 728- 1177 C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883042.doc PARK SPECIALTIES PARK AND PLAYGROUND PROPE5510NAi_S GA. LIC# 702962 A 6 GG I /D 12 +f• C6 I /D3~ NV LIG 465 1096 A-2 I GiLy of'femecula May 9, 2008 Page 2 Our scope of Services includes unsL•allation, maintenance and repair of playground equy~nnent, shelters, picnic equipment and surfacing of such areas. If you Should need additional information pleas do not hesitate to contact our' office at 800-399-848~I or via fax at 760- 728- 117 7. {regards, ~~`-'\~ Robert PeRieux President P, O. 60X 89 1833 TEMECULA, CA. 92589- 1833 800 399-848 / (760) 728- I I O 11=AX (%60) 728- 1177 C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883042.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2008-2009 FOR ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 10, 2008 by and between the Temecula Community Services District, ("District") and ALEXANDER PACIFIC ELECTRICAL CONTRACTORS, INC. ("Contractor"). In consideration ofthe mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor forthe future repair, improvement, maintenance services upon real and personal property of the District of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The work under this Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A",Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2008 and shall terminate as of June 30, 2009 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cast of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty {3Q) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Wark. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. C:1Program Files (x86)1Neevia.ComlDocument Converterltemp1883036.doc 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages, and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff orsub-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, or mechanic employed, paid less than the stipulated prevailing rates for anywork done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time oftermination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuantto this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions ofthis Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and withoutfault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 1 Q. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883036.doc 11. LIABILITY INSURANCE. Cantractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as {1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). {2) Insurance Services Office form number CA 0001 {Ed. 1187) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commercial General Liability Insurance orotherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor 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: (1) The District, City, and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Cantractor; premises awned, occupied or used by the Contractor; orautomobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, City, and Redevelopment Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City, and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance orself-insured maintained bythe District, C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883036.doc City, and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City, and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required bythis agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty {30) days' prior written notice to the District. (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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's farms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will complywith such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the powerto incur any debt, obligation or liabilitywhatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883036.doc 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist ar of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the District for purposes of letting this Contract outto proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project far 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. 17. 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 District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District 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 safetyand 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. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by {i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883036.doc To District: Temecula Community Services District P O Box 9033 Temecula. CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Alexander Pacific Electrical Contractors, Inc. 42274 Rio Nedo, Suite #10 Temecula CA, 92590 Phone (951) 296-5835 Contact Person. David Alexander 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities ofthe 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 jurisdiction over the Temecula Community Services District. 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 contractorlconsultant covenants and agrees to their knowledge that na board member, officer or employee of the Temecula CommunityServices District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyotherthan the Temecula CommunityServices District ,and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement an behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 111 111 C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883036.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Attest: Susan W. Jones, MMC, City ClerklBoard Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR ALEXANDER PACIFIC 42274 Rio Nedo, Suite # 10 Temecula CA, 92590 {951) 296-5835 Contact Person: David Alexander By:, Name: Title: By: Name: Title: (Two Signatures Required for Corporations) C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883036.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, and maintenance service upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessaryto complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergencywork is required, the Directormaytransmitthe Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in goad faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883036.doc EXHIBIT B LABOR AND EQUIPMENT RATES /Al ~xa l~ d e~r^ n .~.~L.... ,,,,,,... a C I f I C J ~t€""""~cr~ cap caNr~acT, t~ x` c'! February 19, 2008 City of Temecula 43200 Business Park Drive Temecula_ Ca. 92589 Attn: Jerry Kanigowski Rc: Maintenance Contract Proposal Dear Jerzy, Thank you for the opportunity to submit the following electrical proposal for your review and approval All work shall be performed in a workmanlike manner in accordance with the Electrical Industry, the National Electrical Code and the City of Temecula Building Codes. Scope of Work: We shall provide electrical construction and maintenance service as "On-Call". Service shall include all materials; labor, services, insurances, taxes and equipment to complete projects in a timely manner at City of Temecula properties and buildings, as well as new construction, park site electrical and parking lot light maintenance and repair . Rates: Normal Business Hours Sam-Spm M-F Journeyman $75 per hour Normal Business Hours Sam-Spm M-F Apprentice $55 per hour After Hours Spm-lam M-F Journeyman $112.50 per hour After Hours Spm-lam M-F Apprentice $82.50 per hour Weekends/Holidays all day or night Journeyman $150.00 per hour Weckcnds/Holidays all day or night Apprentice $110.00 per hour Materials: Cost + 32% (overhead and profit} Design and Standard Enf*InCCrInQ: $85.00 per hour Certified Engineering: (Cost available on per job basis) Project Quotes Available upon request Sincerely, { David Alexart~ _ . ~ ~ ~ 1 ~ f ~ ~ y Alexander Pacific Electrical ~on~ractors, Inc. 42274 Rio Nedo, Suite # 10 •Temecula, CA 92590.95 L296.5835 office • 951.296.5838 fax • Lic.# 636160 C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883036.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2008-2009 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 10, 2008 by and between the Temecula Community Services District, ("District")and NPG, INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as fOIlOWS: 1. SCOPE OF VIIORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor forthe future repair, improvement, maintenance and/ar construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, andlor minor construction work. The work underthis Agreement is non-exclusive and Temecula Community Services District reserves the right to hire other contractors to perform similarwork. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Temecula Community Services District ("Director"}, or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2008 and shall terminate as of June 30, 2009 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cast of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly far actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty {3Q) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883041.doc under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff orsub-contractor hired, and shall pay the adapted 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 Lobar 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, or mechanic employed, paid less than the stipulated prevailing rates for anywork done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time oftermination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuantto this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions ofthis Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and withoutfault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 1 Q. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883041.doc omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Cammercial General Liability coverage (occurrence form CG 0001). {2) Insurance Services Office form number CA 0001 {Ed. 1187) covering Automobile Liability, code 1 (any auto). {3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commercial General Liability Insurance orotherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor 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, ar be endorsed to contain, the following provisions: (1) The District, City and Redevelopment Agency its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; orautomobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, Cityand C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883041.doc Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance orself-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees ar volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (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, andlor notify the District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required bythis clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability far Workman's Compensation ar undertake self-insurance in accordance with the provisions of that Code, and I will complywith such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the powerto incur any debt, obligation or liabilitywhatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883041.doc performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the District for purposes of letting this Contract outto proposal will be accepted as an excuse far any failure or omission an the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Cantract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District 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 safetyand 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. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by {i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: 11/ 111 C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883041.doc To District: Temecula Community Services District P O Box 9033 Temecula. CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: NPG, INC. 1354 Jet Way Perris, CA 92572 Phone (951) 940-0200 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it bylaw for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree thatthe laws of the State of California shall govern the rights, obligations, duties and liabilities ofthe 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 jurisdiction over the Temecula Community Services District. I n 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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, officer or employee of the Temecula CommunityServices District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyotherthan the Temecula CommunityServices District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883041.doc IN VNITNESS UUHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Attest: Susan W. Jones, MMC, City ClerklBoard Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR NPG, INC. 1354 Jet Way Perris, CA 92572 (951) 940-0200 FAX (951 } 940-9192 Contact Person Jeff S. Nelson Name: Title: By: Name: Title: (Two Signatures Required for Corporations) C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883041.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, andlor minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District {"Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time far completion of the work, and the plans and specifications, if any, work. 2. Within five {5} business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessaryto complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergencywork is required, the Directormaytransmitthe Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883041.doc EXHIBIT B LABOR AND EQUIPMENT RATES 04/25/2008 14:54 9519409192 NPG GOLDSTAR PAGE 04/06 • N R G IHC -ASPHALT SERVICES Sin<~ 1956 Tour A~~~ ei ~uoliry e• Paving & Grading Equipment /Labor Rental Rates GENERAL LABOR STANDARD OVERTIME DOUBLE TIME Foreman 68.00 102,00 136.00 Rake /Laborer 63.00 94.50 126.00 PCC /Farm Setter 63.00 94.50 126.00 OPERATORS Treval Time 45.00 Paving Machine /Screed Man 68.00 102.00 136.00 Roller Man 68.00 102.00 136.00 Dwnp Truck 68.00 102.00 136.00 Hot Crack Fill Mel!er 68.00 102,00 136.00 Seal Buggy 68.00 102.00 136.00 "" Add 1/2 Hour Overtime for Paving Machine Operator Fire Up PAVING EQUIPMENT HOUR RATE DAY RATE 02' Blaw Knox PF180 Paving Machine (Rubber Tire) 1D' -16' 150.00 05' Cedar Rapids 361 Paving Machine (Rubber Tire) 8' -16' 150.OD 05' Cedar Rapltls 561 Paving Machine (Track Paver) 10'-21' 160.00 NEW 0T LeeBOy 5000LD Path Master (Track Paver) 5'-9' 150.00 NEW 06' Oil Spreader Truck "' Price Upon Requ est Automatics 200.00 Crew Truck /Form Truck 270.00 Asphalt Berm Machine 350.00 200 Gallon Tack Rig 250.00 Asphalt Roller DD24 & DD28 (3-5 ton) 300.00 Asphalt Roller DD68 (5-8 ton) 400.00 Asphalt Roller Cat C62.2 (10-12 ton) 475.00 HEAVY EQUIPMENT HOUR RATE DAV RATE 05' John Deere Skip Loader Operated 95.00 05' John Deere 3 Yartl Loader Operated 125.00 05' John Deere 770 Blade Operated 130.00 860A Scraper Operated 130.00 663 Bobcat w/Attachments Operated 225.00 2000 Gallon Water Truck Operated 85.00 End Dump Operated 85.00 Compressor Bare w/90 Ib Hammer 250.00 Traffic Control Arrow Board 150.00 CRACK FILL EQUIPMENT HOUR RATE DAY RATE OJK 250 Metter 375.00 EZ Pour 50 100.00 Pour Pot /Kettle 25.00 SEAL COAT EQUIPMENT HOUR RATE DAY RATE DA350 Seal Buggy 400.00 ST550 Seal Tank Trailer 100.00 ST2500 Tanker w/12' Hyd Spreader Operated 250.00 1st hr "" 1 Hr. Clean Up Charge 165.00 there after ST2500 Tanker Operated 150.00 EQUIPMENT MOVES FLAT RATE Paving Machine /Loader /Blade 600.00 In/Out Roller 350.00 fn/Out "' Any Moves Outside A 40 Mlle Radius From Our Location WIII Be Billed A Hourly Rate of $95.00 Per Hr Portal-to-Portal + Permits "' All T&M Rentals Will Be Charged A $150.00 Fuel Surcharge Per Rental Day. ~e 4 Hour r.Animum Charge On all Equipment end Labor' All equipment sublecl t0 move charge' 2 Hr Show Up Time .y Time wOrketl Ovar 8 hrs Is chargetl dl Ol'raletl, UT rates attar 12 hrs of work Saturday work will bo cher0etl al OT rates (or the lrs[ 12 hours, UT atter....Supday work charpetl al U"i' Prevailing wage/cenilied payroll' 20% markup on all labor/operator rates _ All labor antl opcraled aq~IpmP.nl rat¢R!o b¢ rhargetl portal-lo~pnltal Equipment Rental Agreement (orm must be Signed al antl O(each work tlay by acting supednlentlent .. All Invoices to be paitl upon completion or as agroed upon' All Rates eublect to CM1ang¢ willloul Notice Post Office Box 1515 * Perris, CA 92571 Phone: (951) 940-0200 Fax: (951) 940-9192 C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883041.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2008-2009 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 10, 2008 by and between the Temecula Community Services District, {"District"} and IMPERIAL PAVING CO., INC. {"Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor forthe future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Wark will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work underthis Agreement is non-exclusive and Temecula Community Services District reserves the rightta hire other contractors to perform similarwork. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Temecula Community Services District {"Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2008 and shall terminate as of June 30, 2009 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty {30) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty {30} days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Wark. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims far compensation C:1Program Files (x86)1Neevia.ComlDocument Converterltemp1883038.doc under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff orsub-contractor hired, and shall pay the adapted 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, or mechanic employed, paid less than the stipulated prevailing rates for anywork done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time oftermination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions ofthis Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and withoutfault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/ar District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883038.doc death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as {1) Insurance Services Office Commercial General Liability coverage {occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commercial General Liability Insurance orotherform 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) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor 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: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; ar automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883038.doc (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance orself-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3} Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required bythis clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability far Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will complywith such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the powerto incur any debt, obligation or liabilitywhatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883038.doc Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the District for purposes of letting this Contract outto proposal will be accepted as an excuse far any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever far extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. 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 District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District 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 safetyand 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. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by {i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or {iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883038.doc To District: Temecula Community Services District P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Imperial Paving Co., Inc. 13555 E. Imperial Hwy Whittier CA, 90605 Phone (526) 944-0975 Contact Person, Fritz Coy 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it bylaw for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree thatthe laws of the State of California shall govern the rights, obligations, duties and liabilities ofthe 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 jurisdiction over the Temecula Community Services District. I n 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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, officer or employee of the Temecula CommunityServices District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyotherthan the Temecula CommunityServices District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883038.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero. President Attest: Susan W. Jones, MMC, City ClerklBoard Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Imperial Paving Co., Inc. 13555 E. Imperial Hwy Whittier CA, 90605 Phone {526) 944-0975 Contact Person, Fritz Coy By: Name: Title: By:, Name: Title: (Two Signatures Required for Corporations) C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883038.doc EXHIBIT A Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor far the future repair, improvement, maintenance service andlor construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, andlor minor construction work. The procedure far assigning work is set forth as follows: 1. Director of Community Services District {"Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five {5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessaryto complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergencywork is required, the Directormaytransmitthe Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883038.doc EXHIBIT B LABOR AND EQUIPMENT RATES REtEfVEO APR ~ 7 2008 LABOR BREAKDOWN All Labor $ 55.00 Per Hour Overtime 1 % Time (After Shrs/Saturdays) $ 82.50 Per Hour Double Time 2 Time (Sunday/Holidays) $ 110.00 Per Hour EQUIPMENT BREAKDOWN (DOES NOT INCLUDE LABORI Flatbed Truck with Compressor Mount $ 325.00 Per Day Bob Tail Truck 9 - 1 1 Yards $ 315.00 Per Day Concrete Flatbed Truck $ 300.00 Per Day Dump Truck & Pup Trailer $ 390.00 Per Day Air Compressor $ 150.00 Per Day Water Truck $ 275.00 Per Day Flatbed Truck with 3 - 5 Tons Roller Combo (Minimum) $ 505.00 Per Day Dump Truck with Skiploader & Trailer Combo $ 505.00 Per Day 10 - 12 Ton Roller including Trailer $ 250.00 Per Day 3 - 5 Ton Roller Including Trailer $ 245.00 Per Day Berm Machine Minimum Charge $ 150.00 Per Day Bobcat with Bucket $ 500.00 Per Day Bobcat with Grinder $ 550.00 Per Day Arrow Board with Truck $ 250.00 Per Day STANDARD SET (COMMON REPAIR CREW) Four Man Crew Skiploader Dump Truck 3 - 5 Ton Roller Flatbed with Compressor & Tools $ 3,100.00 Per Day Less than 8 hrs. (4hr minimum) $ 1,600.00 Per Day MATERIALS Asphalt $ 85.00 Per Ton Asphalt Plant Opening on Saturdays $ 1,500.00 Base Rock Class II $ 18.00 Per Ton Tack Material $ 4.00 Per Gal Concrete $ 650.00 Min. Load Concrete after 4 Yards $ 150.00 Per Yard \`~ (562) 944-0975 (714) 523-4492 • (800) 634-3923 • Fa x (562) 944-0984 13555 E. Imperial Hwy., Whittier, California 90605 C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883038.doc City of Temecula COMMUNITY SERVICES DEPARTMENT P.O. Box 9033 Temecula, CA 92589-9033 Attn: JERZY KANIGOWSKI Re: Time and Material Sheet TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2008-2009 FOR ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 10, 2008 by and between the Temecula Community Services District, ("District") and STRONG'S PAINTING ("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor forthe future repair, improvement, maintenance services upon real and personal property of the District of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The work under this Agreement is non-exclusive and The Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of the Temecula Community Services District {"Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2008 and shall terminate as of June 30, 2009 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Lobar and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty {30) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present an the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883047.doc 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages, and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff orsub-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, or mechanic employed, paid less than the stipulated prevailing rates for anywork done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time oftermination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuantto this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions ofthis Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and withoutfault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 1 Q. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883047.doc 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Cammercial General Liability coverage {occurrence form CG 0001). {2) Insurance Services Office form number CA 0001 {Ed. 1187) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commercial General Liability Insurance orotherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor 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, ar be endorsed to contain, the following provisions: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; orautomobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, Cityand Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance orself-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883047.doc volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees ar volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (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, andlor notify the District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required bythis clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability far Workman's Compensation ar undertake self-insurance in accordance with the provisions of that Code, and I will complywith such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the powerto incur any debt, obligation or liabilitywhatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883047.doc 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the District far purposes of letting this Contract outto proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. 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 District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District 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 safetyand 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. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883047.doc To District: Temecula Community Services District P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Strong's Painting 31265 Saddleback Lane Menifee, CA 92584 Phone (951) 679-4554 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities ofthe 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 jurisdiction over the Temecula Community Services District. I n 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 casts incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 contractorlconsultant covenants and agrees to their knowledge that no board member, officer or employee of the Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyotherthan the Temecula CommunityServices District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce 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. 27. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883047.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero. President Attest: Susan W. Jones, MMC, City ClerklBoard Secretary Approved As to Farm: Peter M. Thorson, City Attorney CONTRACTOR STRONG'S PAINTING 31265 Saddleback Lane Menifee, CA 92584 {951) 679-4554 Contact person Gary Strang By:, Name: Title: Name: Title: (Two Signatures Required for Corporations) EXHIBIT "A" C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883047.doc Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of the Temecula Cammunity Services District {"Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five {5} business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessaryto complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergencywork is required, the Directormaytransmitthe Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883047.doc EXHIBIT B LABOR AND EQUIPMENT RATES Apr 16 08 04:06p Gaiy Strong 951-679-4554 p.1 _s ~ C License # 687275 STRONG'S PAIN'T'ING 31265 SADDLEBACK LANE MF.NIFI/E, CA 92584 (951) 679-4554 FAX {9511679 4554*51 February 2S, 2008 City of Temecula P.O. Box 9033 'Temecula, Ca. 92589-9033 Attn: Jerzy Kanigowski Re: Time and Material Sheet Strong's Painting has been in business for 30 years and is family owned and operated. We specialize in interior/exterior painting, small drywall repair, texturing, stucco repair, power washing, wallpaper rencoval and hanging and light maintenance work. We currently carry a $1,000.000.00 per occurrence policy naming the City of Temecula as an additional insured and will send upon request. We are also members of the Better Business Bureau aad hold a state contractors license. Hourly rate: $40.00 per hour Holiday and weekend rate: $55.00 per hour Mark up on parts, materials and equipment is not more than 12% Thank ,you, Gary Strong Strong's Painting C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883047.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2008-2009 FOR ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 10, 2008 by and between the Temecula Community Services District, ("District's and CRAFTSMEN PLUMBING HEATING AND COOLING ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor forthe future repair, improvement, maintenance services upon real and personal propertyofthe Temecula Community Services District .Work will include emergency repairs, emergency maintenance and maintenance work. The work under this Agreement is non-exclusive and Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though setforth in full. The Director of Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2008 and shall terminate as of June 30, 2009 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cast of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (3Q) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty {30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Wark. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. C:1Program Files (x86)1Neevia.ComlDocument Converterltemp1883037.doc 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages, and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff orsub-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, or mechanic employed, paid less than the stipulated prevailing rates for anywork done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time oftermination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuantto this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions ofthis Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and withoutfault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 1 Q. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883037.doc 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). {2) Insurance Services Office form number CA 0001 {Ed. 1187) covering Automobile Liability, code 1 (any auto). {3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commercial General Liability Insurance orotherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor 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, ar be endorsed to contain, the following provisions: (1) The District, City, and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; orautomobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, City, and Redevelopment Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City, and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance orself-insured maintained bythe District, City, and Redevelopment Agency, its officers, officials, employees or C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883037.doc volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City, and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (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, andlor notify the District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required bythis clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability far Workman's Compensation ar undertake self-insurance in accordance with the provisions of that Code, and I will complywith such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the powerto incur any debt, obligation or liabilitywhatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883037.doc 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist ar of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the District for purposes of letting this Contract outto proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project far 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. 17. 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 District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District 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 safetyand 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. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by {i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883037.doc To District: Temecula Community Services District P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Craftsmen Plumbing Heating and Cooling 39525 Calle Portillo Temecula CA, 92592 Phone {951) 676-6838 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities ofthe 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 jurisdiction over the Temecula Community Services District. I n 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 contractorlconsultant covenants and agrees to their knowledge that na board member, officer or employee of the Temecula CommunityServices District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyotherthan the Temecula CommunityServices District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883037.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero. President Attest: Susan W. Jones, MMC, City ClerklBoard Secretary Approved As to Farm: Peter M. Thorson, City Attorney CONTRACTOR CRAFTSMEN PLUMBING HEATING AND COOLING 39525 Calle Portillo Temecula CA, 92592 {951) 676-6838 Contact Person Dan C. McKee By: Name: Title: By: Name: Title: {Two Signatures Required for Corporations} C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883037.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance and maintenance wark. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District {"Director") or his designee shall submit to Contractor a written "Request for Wark". The Request for Wark shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five {5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessaryta complete the wark in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergencywork is required, the Directormaytransmitthe Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in goad faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883037.doc EXHIBIT B LABOR AND EQUIPMENT RATES laa~rx~ ~~r~rc~~a~i~ ~~l~n~ ~~~ 3952 Cane: Portillo Temecula CA 92 X92 ~/~.957-676-6838~ax 957-767-7293 ~°a~te X446736 March 12,2008 City of Temecula Jerzy Kanigowski - Fac. Man. Coordinator PO. Box 9033 Temecula CA 92589 Dear Jerzy, Per your request, the following are our rates for plumbing and HVAC services; $85.00/hr -first man $50.00/hr-second man ~vio uiainuN vii uia~ciia>a Emergency service rates are; $128.00/hr -first man $75.00/hr second man Our regular business hours are Monday through Friday Sam to Spm. Sincerely, ~~ ~~~~ Kathy McKee Secretary: C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883037.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2008-2009 FOR ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 10, 2008 by and between the Temecula Community Services District, ("District")and POWER DISTRIBUTORS INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor forthe future repair, improvement, maintenance services upon real and personal property of the District of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The work under this Agreement is non-exclusive and The Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of the Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2008 and shall terminate as of June 30, 2009 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30} days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims far compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883044.doc 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages, and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff orsub-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, or mechanic employed, paid less than the stipulated prevailing rates for anywork done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time oftermination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuantto this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions ofthis Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and withoutfault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 1 Q. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883044.doc 11. LIABILITY INSURANCE. Cantractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commercial General Liability Insurance orotherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor 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: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Cantractor; premises awned, occupied or used by the Contractor; orautomobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance orself-insured maintained bythe District, C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883044.doc City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required bythis agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty {30) days' prior written notice to the District. (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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's farms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will complywith such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the powerto incur any debt, obligation or liabilitywhatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883044.doc 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist ar of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the District for purposes of letting this Contract outto proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project far 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. 17. 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 District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District 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 safetyand 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. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by {i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883044.doc To District: Temecula Community Services District P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Power Distributors Inc... 15245 E Proctor Ave City of Industry, CA 91745 Phone (626) 855-2580 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities ofthe 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 jurisdiction over the Temecula Community Services District. 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 casts incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 contractorlconsultant covenants and agrees to their knowledge that no board member, officer or employee of the Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyotherthan the Temecula CommunityServices District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883044.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR POWER DISTRIBUTORS INC. 15245 E Proctor Ave City of Industry CA 91745 Phone {626) 855-2580 Contact Person Barry A. LeFave By: Name: Title: By:_ Name: Title: (Two Signatures Required for Corporations) C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883044.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance andlor construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of the Temecula Community Services District {"Director") or his designee shall submit to Contractor a written "Request for Wark". The Request for Wark shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five {5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessaryta complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergencywork is required, the Directormaytransmitthe Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in goad faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883044.doc EXHIBIT B LABOR AND EQUIPMENT RATES RPR-21-2008 MON 11.41 Ahl POWER DISTRIBUTORS FRX N0, 16268552589 P, 02/02 twe r stributors I Ni C O R P f7 R A T E D A r_ p it 15, 2008 152G5 L. Proctor Ave. City of Industry, CA. 91745 626-855-2580 626-855-2589 fax harry@pwrclist.com LABOR RATES Interior Lighting/Service Tech. $45,00/Hour Ladder Truck up to 50' $60.00/Hour Crane up to 65' $80.00/Hour Crane up to 90' "` $90.00/Hour E=lectrician $60.00/Hour $15.00/Trip Fuel Charge ~~ * Any lighting above the 90-foot level including reach, price " will be negotiated at that time. All holiday, weekend, and overtime is hourly times 1.5 ~~ All travel is charged as hourly, including overtime. iM 1500 Z $97.20/lamp Any additional material will be charge at cost plus 20%. It:\lnnoi,ettersSeut\Ciry of Temecula Labor rates.doc C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883044.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2008-2009 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 10, 2008by and between the Temecula Community Services District, ("District") and MONTELEONE CONTRACTOR'S, INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor forthe future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work underthis Agreement is non-exclusive and Temecula Community Services District reserves the right to hire other contractors to perform similarwork. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2008 and shall terminate as of June 30, 2009 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (34) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883039.doc under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff orsub-contractor hired, and shall pay the adapted 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, or mechanic employed, paid less than the stipulated prevailing rates for anywork done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time oftermination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions ofthis Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and withoutfault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/ar District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883039.doc death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Cantractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commercial General Liability Insurance orotherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor 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: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Cantractor; premises awned, occupied or used by the Contractor; orautomobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883039.doc (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance orself-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3} Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required bythis clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability far Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will complywith such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the powerto incur any debt, obligation or liabilitywhatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883039.doc Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the District for purposes of letting this Contract outto proposal will be accepted as an excuse far any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever far extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. 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 District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District 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 safetyand 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. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by {i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or {iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883039.doc To District: Temecula Community Services District P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Monteleone Contractor's, Inc. 25225 Wolcott Ct. Wildomar, CA 92595 Phone {951) 538-6537 Contact Person: Alexandra Monteleone 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities ofthe 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 jurisdiction over the Temecula Community Services District. I n 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 casts incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 contractorlconsultant covenants and agrees to their knowledge that no board member, officer or employee of the Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyotherthan the Temecula CommunityServices District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883039.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero. President Attest: Susan W. Jones, MMC, City ClerklBoard Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR MONTELEONE CONTRACTORS, INC. 25225 Wolcott Ct. Wildomar, CA 92595 Phone (951) 538-6537 Contact Person: Alexandra Monteleone By: Name: Title: By:_ Name: Title: (Two Signatures Required for Corporations) C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883039.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, andlor minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District {"Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time far completion of the work, and the plans and specifications, if any, work. 2. Within five {5} business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessaryto complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergencywork is required, the Directormaytransmitthe Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883039.doc EXHIBIT B LABOR AND EQUIPMENT RATES Monteleone Excavating Office: (951.) 677-8308 25225 Wolcott CT Cell: (951) 538-6537 Wildomar, CA 92595 Fax: (951.) 304-1.469 24 hour Dal;er (951.) 694 -7028 Operated & Fuel Time and equipment rate for 2008 - 2009 Equipment Rate per Hour Saturday/+8 Hrs. Holiday/Sunday (Regular Rate) (*Per Hour Overtitne) (Overtime Rate) 450 Dozer $1.25.00 $140.50 $156.00 D6LGI' $160.00 $175.50 $].91.00 D6H $160.00 $1.75.50 $191.00 I)61i XL W-slope $175.00 $190.50 $206.00 824 Dozer $160.00 $185.50 $191.00 D8K Dozer $180.00 $195.50 $21.1.00 D8N Dozer $185.00 $200.50 $216.00 D8R llozer $1.85.00 $200.50 $216.00 D10 Dozer $245.00 $260.50 $276.00 D9H Dozer $225.00 $240.50 $256.00 6501/xcavator $280.00 $295.50 $311..00 400 Excavator $183.00 $198.50 $21.4.00 3501Jxcavator $165.00 $180.50 $196.00 220 Excavator $145.00 $160.50 $1.76.00 446I3ackhoe $121.00 $136.50 $152.00 30 MF Skip/Mower $87.50 $103.00 $118.50 450 C Loader $165.00 $180.50 $196.00 950 Loader $165.00 $180.50 $196.00 977 Loader $180.00 $195.50 $211.00 973 Track Loader $175.00 $1.90.50 $206.00 963 Track Loader $165.00 $180.50 $196.00 12 G Motor Grader $1.65.00 $180.50 $196.00 140 Motor grader $165.00 $180.50 $196.50 623 Scraper $165.00 $180.50 $196.00 860 Scraper $140.00 $155.50 $171.00 613 scraper $135.00 $150.00 $166.00 6571'ush Pu11 $285.00 $300.50 $31.6.00 637 E Push Pull $265.00 $280.50 $296.00 627 Push pull Scraper $23.5.00 $250.50 $266.00 10 Wheel Dump/Pup $95.00 $111.00 $126.50 Hi-Side Semi $95.00 $111.50 $1.26.00 4,000 Gal/W Truck $85.00 $100.50 $1.16.00 2500 Gal W-Truck $65.00 $80.50 $96.00 6X6 Off-Road dumpTruck $165.00 $180.50 $196.00 26 Wheel Lowbed Truck $].1.0.00 $125.50 $1.41..00 C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883039.doc Foreman $66.00 $81.50 $97.00 Pick-Up $46.00 $46.00 $46.00 Grade Checker $54.00 $69.50 $85.00 Laborer $46.00 $61.50 $77.00 *Note Overtime Wages Begin After 3:00 P.M. With A 6:00 A.M. Starting Time. 12ate used beyond 8 hours on weekdays and all hours on Saturday. Any city work will be under 2003 prevailing wage rates. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883039.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2008-2009 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 10, 2008 by and between the Temecula Community Services District, ("District") and TIGER EQUIPMENT COMPANY, INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor forthe future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, andlor minor construction work. The work underthis Agreement is non-exclusive and the Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2008 and shall terminate as of June 30, 2009 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (34) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883048.doc under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff orsub-contractor hired, and shall pay the adapted 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 Lobar 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, or mechanic employed, paid less than the stipulated prevailing rates for anywork done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time oftermination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuantto this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions ofthis Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and withoutfault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 1 Q. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883048.doc omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Cammercial General Liability coverage {occurrence form CG 0001). {2) Insurance Services Office form number CA 0001 {Ed. 1187) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commercial General Liability Insurance orotherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor 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, ar be endorsed to contain, the following provisions: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; orautomobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, Cityand C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883048.doc Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance orself-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees ar volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (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, andlor notify the District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required bythis clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability far Workman's Compensation ar undertake self-insurance in accordance with the provisions of that Code, and I will complywith such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the powerto incur any debt, obligation or liabilitywhatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883048.doc performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the District for purposes of letting this Contract outto proposal will be accepted as an excuse far any failure or omission an the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Cantract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District 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 safetyand 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. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by {i) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883048.doc To District: Temecula Community Services District P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Tiger Equipment Company Inc. 35701 Avenida La Cresta Murrieta, CA 92562 Phone {909) 215-0598 Contact Person: Mark Lacy 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities ofthe 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 jurisdiction over the Temecula Community Services District. I n 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 casts incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 contractorlconsultant covenants and agrees to their knowledge that no board member, officer or employee of the Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyotherthan the Temecula CommunityServices District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883048.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero. President Attest: Susan W. Jones, MMC, City ClerklBoard Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Tiger Equipment Company Inc. 35701 Avenida La Cresta Murrieta, CA 92562 Phone {909) 215-0598 Contact Person: Mark Lacy By: Name: Title: By: Name: Title: (Two Signatures Required forCorporations) C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883048.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of the Temecula Community Services District {"Director") or his designee shall submit to Contractor a written "Request for Wark". The Request for Wark shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five {5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessaryta complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergencywork is required, the Directormaytransmitthe Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C:~Program Files (x86)1Neevia.ComlDocument Converterltemp1883048.doc EXHIBIT B LABOR AND EQUIPMENT RATES ! ~ ~lvr wNi~~ ! ' N W ~ ~ ~ oI ~ i ~ II ply OV1i n n i n n .~ ~ N G) O I l _ . :. i ~ __. ~ l . ; : D l i I ~~~ m l iA i ~ i~ . PI NI c~I ~ ® ® ~ O I ~i ~ i I B ~ m o ro ~ 9 paowmlm~~ D x x D ~ ~ rOZ-zi: ~ o, m m,0 c ~ ~ j ~ r- ~, rn D yi m I~ ~ r,s ... rn; IZ~ l ~ ~ Lfl. , vs m l f~ ~. x~~ '~ ~W -I l h c ~' ~ ml s!s,< <:~`i i n D pi O rn I I ! n ~ 31m ~ ~ ~ ~ ni- i- ii , j Iv° ;m n, O OI ~ ~I ~ m i u ; ~ , Iz: ~ -i cl~ :U' I to ~ 1~71:a, `di ~ I~ ~~~ IG I $ = ~mol 'N ~' d l 0 ty 1 NI 2 i ~ 'O ~ ~ ~ 3 i V o •8 m~CI I~ tp l I '~ ; i I ~.-I i 'O~ o O N ZI o '<i O. n l ~ O y i '~~' i zl of ~i I ~ p W ,W ~~ ~ I I I I ~ rn I ~~ ~ I O ~ v a O ~ I _ _.. I ~ ~ i~ ~ __ ~.. ' __ __- Iw _ i ~ I :. ~ i i I I I (D d ~ Vi~tA d+ Ali MEA~di~ ~ I vi ~ N '~ ~ y (D~ N' W'A Af DNNIAW !-~ N ifl!O N N 00 O Olfhifri ~ f~7oV t~00 NI ON V ~N02 •* ~+ p "I ~ OI ~~ IO~O~O O C CIO O NitN O O O OO O OIO O~Oi f7t N~O~O~ O 0~0 O ~r~. ~ I ... 1 _ I _.. ,.. m ' ' i i I i ~~ ~ ! ' ~ _'~ C ! , M'W ~'ItA a14A N)~f9 EA !NON '.?, NI IV00 V W' tlr 01 V T NON ~~~> fJ1 V O:N N ~ i 01 91 Q' ~ d I I ' I I I (7r i 0 (T O V W I U1! fn O O OD 8J1' c0 N fD p K I ! .; NfNJ~ tN71 N 6N11 N N N N. N I._ . I I ~ C9 (VJIiC O _. _.. .. :.. .__ i I i = o ~ i ( _ ! ~lfl to fA VD EAI~FA19j ~ ~~ ~ HN IA f/! i ~ ~ ~ ~ ~ ~~ i 'W.~ ~ Np)~tDtDl~ 0;00 00 ~ O~y Oa N~ ~ N N I i N W O O d Of fT O Ut Uf I (n {y9 W fT Of UI fri O !O W V V O C O O ~ Qo ! ~` i I I ' _ O I L j! ~ O O I°°~ I __ i __- ~ ' I ! I I I ' ~ ~ ~ C , 7 W g ~ ~ .r.A v+, I I i~ ' ~ ~ ( ~ ~ ~. O ,~.o- ~ ~ 1 '~IRH vi e»~f»~rn Iua v+ N~V A A~A!A AI A!N N ~ fi01lAI v ~ ! ~ O O O O:O O O Oi0 O ~O O O~OblO O O~O O ~ I W NI z ~~O, OI ~ I~ I H O C CI O CO O Oj0~0 ~o 0 0 0!010 0 0;0 o ~~+, 040 D D olo, i C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883048.doc ITEM N~}. 21 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 10, 2008 SUBJECT: Agreement with Computer Alert Systems, Inc. PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: 1. Award contract to Computer Alert Systems, Inc. for Alarm Monitoring, Inspection, and Repair Services in the amount of $37,700.00 for Fiscal Year 2008-2009. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for Alarm Monitoring, Inspection and Repair Services on March 20, 2008. TCSD received three (3) proposals, which were evaluated to determine the qualifications and competitiveness of each Vendor to provide Alarm Monitoring, Inspection and Repair Services. Central Security Services was the lowest bidder, but withdrew their proposal because they could not meet all of the RFP requirement. Computer Alert Systems, Inc. was determined to be the second lowest qualified bidder to provide the required services forAlarm Monitoring, Inspection and Repair Services. Furthermore, Computer Alert Systems is the existing company which has provided monitoring, inspection and repair services to the City for 10 years. FISCAL IMPACT: The amount to provide Alarm Monitoring, Inspection and Repair Services is $17,700.00. In addition an estimated $20,000.00 is being requested for non scheduled repairs and supplemental services. Sufficient funds have been included in the Annual Operating Budgets for Fiscal Year 2008-2009 in the followings accounts: 340.199.701.5250 and 5212, 340.199.702.5250 and 5212, 340.199.703.5250 and 5212, 190.180.999.5250 and 5212, 190.999.181.5250 and 5212, 190.182.999.5250 and 5212, 190.184.999.5250 and 5212, 190.185.999.5250 and 5212, 190.188.999.5250 and 5212, 190.189.999.5250 and 5212, 197.180.999.5250 and 5212, 001.171.999.5250, 001.164.999.5250. ATTACHMENTS: 1) Contract R:\SIRE REPORTS ET AL\Maintenance\Agenda Report 2008-2009\Central Security Services Inc. 2008-2009.doc TEMECULA COMMUNITY SERVICES DISTRICT MINOR MAINTENANCE CONTRACT FOR ALARM MONITORING, INSPECTION AND REPAIR SERVICES THIS MAINTENANCE SERVICES CONTRACT, made and entered into as of June 10, 2008 by and between the Community Services District, ("District") and COMPUTER ALERT SYSTEMS, INC {"Contractor"}. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008 and shall remain and continue in effect until June 30, 2009 unless sooner terminated pursuant to the provisions of this Agreement. The District reserves the option to extend the contract under the same terms and conditions for a maximum of three (3) additional one-year terms per the attached pricing schedule in "Exhibit B". 2. SCOPE OF WORK. Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. {"Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required far the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. 3. PAYMENT. The District agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Thirty Seven Thousand Seven Hundred Dollars and 00 Cents ($37,700.00) for the total term of the Agreement unless additional payment or change order is approved as provided in this Agreement. a. Contractor shall submit invoices monthly for actual services performed detailing the work performed in a form acceptable to the Director of Finance. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (3Q) days of receipt of each invoice as to all non- disputed fees. If the District disputes any of contractor's fees it shall give written notice to Contractor within 30 days of receipt of invoice of any disputed fees set forth on the invoice. 4. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District ar its authorized representatives. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3., above, Contractor shall submit to District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall C:1Program Files (x86}1Neevia.Com~Document Converterltemp1883034.doc constitute a waiver of all claims against the District under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 far holiday and overtime work in this locality far each craft, classification, or type of workman needed to execute this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. 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, 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. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District suspends or terminates a portion of this Agreement such suspension ar 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 District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation ar duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. C:1Program Files (x86}1Neevia.Com~Document Converterltemp1883034.doc b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: {1) Insurance Services Office Commercial General Liability coverage (CG 00 01 11 85 or 88 (2} Insurance Services Office Business Auto Coverage form CA 00 06 92 01 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. (3} Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has na employees while performing under this contract, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. Minimum Limits of Insurance. Contractor 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 project/location or the general aggregate limit shall be twice the required occurrence limit. C:1Program Files (x86}1Neevia.Com~Document Converterltemp1883034.doc (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the General Manager. At the option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor 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, ar be endorsed to contain, the following provisions: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (2) Far any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this Contract shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (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 District via certified mail, C:1Program Files (x86}1Neevia.Com~Document Converterltemp1883034.doc 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 District. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the District 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 District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. Contractor, by executing this Contract, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the power to incur any debt, obligation ar liability whatever against the District, or bind District in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for District. District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. C:1Program Files (x86}1Neevia.Com~Document Converterltemp1883034.doc 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the District for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST. No officer, officer, or employee of the District shall have any interest, direct or indirect, in this Contract of the proceeds thereof the Contractor, ar Contractor's sub-contractors for this project during his/her tenure or for one year thereafter. The Contractor hereby warrants and represent to the District that no officer or employee of the District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or the Contractor's sub-contractors on this project. Contractor further aggress to notify the District in the event any such interest is discovered whether or not such interest is prohibited by law or this Contract. 18. 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. 19. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. 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. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Contract 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: C:1Program Files (x86}1Neevia.Com~Document Converterltemp1883034.doc To District: Temecula Community Services District 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Computer Alert Systems, Inc. 27570 Commerce Center Dr. Suite 119 Temecula, CA 92590 Phone: (951} 676-6880 Contact Person: Michael C. Lynch 24. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the District. 25. LICENSES. At all times during the term of this Agreement, Contractor shall have in full farce and effect, all licenses required of it by law for the performance of the services described in this Agreement. 26. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal City court with jurisdiction over the City of Temecula. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force ar effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C:1Program Files (x86}1Neevia.Com~Document Converterltemp1883034.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeff Comercheo, President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Computer Alert Systems, Inc. 27570 Commerce Center Dr. Suite 119 Temecula, CA 92590 Phone: {951) 676-6880 Contact Person: Michael C. Lynch {Two Signatures Required for Corporations} C:1Program Files (x86}1Neevia.Com~Document Converterltemp1883034.doc EXHIBIT "A" SCOPE OF WORK Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor for the future alarm monitoring and inspection services, upon real and personal property of the District. Work will include alarm monitoring, inspection and repair services. The procedure for assigning work is set forth as follows: 1. Director of Community Services ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency performance is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency performance undertaken. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. These specifications and scope of work applies to each City location listed in this exhibit. 1. Monitor fire and security alarm systems seven days a week, twenty-four (24) hours a day at all (15) fifteen locations, listed in this exhibit. Monthly monitoring fee excludes all monthly phone line fees. 2. The Selected Vendor will be responsible for programming systems to dial the selected Vendor's central office, this includes costs far any modification of City equipment or any other fees, which may be required to transfer system monitoring to the Selected Vendor's central office. 3. All fire and security equipment, wiring, panels, detectors, keypads, etc. will remain the City's property. The Selected Vendor will maintain the systems, system programs and equipment in an "unlocked state", thereby allowing the City or any other contractor the City may choose to service or program the equipment. No equipment or system program modifications may be made without first receiving written approval from the City. 4. The monitoring fee will include any costs for changing security access codes and training supervisory staff, from time to time, throughout the term of the agreement, as directed by the City. C:1Program Files (x86}1Neevia.Com~Document Converterltemp1883034.doc 5. Monitoring fee will include monthly "opening & closing" reports for each location. 6. Fire sprinkler monitoring and alarm systems at all facilities will be inspected in accordance with the California Fire Code Chapter 9 and NFPA 72. Fire system inspection, testing and maintenance will be reported on the National Fire Alarm Code form, with a copy sent to the City for its records. 7. It is recommended that Vendor and/or Vendor's technicians be NICET Level II certified and are also certified by the manufacture to service their alarm equipment. Facility Locations and System TypeslManufactureslModels Numbers 1. City Hall, 43200 Business Park Drive Fire Alarm:AFP 200 Notifire Security Alarm: DCS MAXSYS PC 4020 Key Pad-LCD 4500 2. West Wing, 43210 Business Park Drive Fire Alarm:Silent Knight 5204 Security Alarm: DCS MAXSYS PC 4020 Key Pad-LCD 4500 3. Community Recreation Center, 30875 Rancho Vista Road Fire Alarm:Radionics Omegalarm D8112 Fire Alarm Annunciation: Radionics Security Alarm: Radionics D 7212 Key Pad-Radionics 4. Temecula Cammunity Center, 28816 Pujol Street Fire Alarm:Silent Knight 5140 Security Alarm: DSC PC 3000RK 5. Mary Phillips Senior Center, 41845 6t" 5treet Fire Alarm:AdemcolVista 5140 XM Security Alarm: Ademco Key Pad Ademco 6. Temecula Valley Museum, 28314 Mercedes Drive Fire Alarm:Vista 100 Security Alarm: Vista 100 Key Pad-6139 7. Temecula Wedding Chapel, 28300 Mercedes Drive Fire Alarm:Vista 30 Security Alarm: Vista 30 Key Pad-Ademco 16821 C:1Program Files (x86}1Neevia.Com~Document Converterltemp1883034.doc EXHIBIT A -CONTINUED 8. 6th Street RestroomlParking Lot, 41952 6th Street Fire Alarm:None Security Alarm: PC 1555 Key Pad-DSC PC 1555 RKZ 9. Temecula Children's Museum, 42081 Main Street Fire Alarm:Silent Knight 5808 Security Alarm: DCS PC1555 Keypad- DCS 10. Police Sub-station (PD3), 28410 Old Town Front Street, Ste. 105 (Old Town Front Street} Fire Alarm:None Security Alarm: Radionics 11. Old Town Community Theater, 42051 Main Street Fire Alarm:Notifire NFS 640 Security Alarm: DMP XR500 12. Temecula Public Library, 30600 Pauba Rd. Fire Alarm:Notifire NFS 640 Security Alarm: Bosch D9412G 13. Patricia Birdsall Sports Park, 31621 Deer Hollow Way Fire Alarm:Mircom FX 2000 Security Alarm: Security Command XR 500 14. Field Operations Center, 43230 Business Park Drive Fire Alarm:Notifire Security Alarm: Bosch 15. Roripaugh Ranch Fire Station Security Alarm: XR40-G DMP Alarm Control Panel 7060-W LCD Keypad Fire Alarm:Notifire AFP - 200 C:1Program Files (x86}1Neevia.Com~Document Converterltemp1883034.doc EXHIBIT "B" PRICING SHEET Monthly Fee Monthly Fee Yearly Total Fee Per FACILITY LOCATION Fire System Security Location Monitoring & System Monitoring & Inspection Inspection Monitoring City Hall, 43200 Business Park Drive $55.00 $40.00 $1,140.00 West Wing, 43210 Business Park Drive $55.00 $40.00 $1,140.00 Community Recreation Center, 30875 Rancho Vista Road $55.00 $40.00 $1,140.00 Temecula Community Center, 28816 Pujol Street $55.00 $40.00 $1,140.00 Mary Phillips Senior Center, 41845 6t" Street $55.00 $40.00 $1,140.00 Temecula Valley Museum, 28314 Mercedes Drive $55.00 $40.00 $1,140.00 Temecula Children°s Museum, 42801 Main Street $55.00 $40.00 $1,140.00 Old Town Community Theater 42051 Main Street $80.00 $40.00 $1,440.00 Temecula Public Library 30600 Pauba Rd. $100.00 $40.00 $1,680.00 Patricia Birdsall Sports Park 31621 Deer Hollow Way $80.00 $40.00 $1,440.00 Temecula Wedding Chapel, 28300 Mercedes Drive $55.00 $40.00 $1,140.00 C:1Program Files (x86}1Neevia.Com~Document Converterltemp1883034.doc EXHIBIT B-CONTINUED 6 Street RestroomlParking Lot, 41952 6th Street NSA $40.00 $480.00 Police Sub-station, Old Town Front Street NSA $40.00 $480.00 28410 Old Town Front Street, # 105 Field Operations Center 43230 Business Park Drive $80.00 $40.00 $1,440.00 Roripaugh Ranch Fire Station 80.00 $55.00 $1, 620.00 Total $17, 700.00 ALTERNATE BID ITEMS-For repair or extra work authorized by City MARK-UP ADDED TO VENDOR'S WHC}LESALE PRICE OF PARTS & EQUIPMENT 40% HOURLY RATE PER REGULAR MAN HDUR-8am To 5pm Monday through Friday $75.00 HOURLY RATE PER OVERTIME MAN HDUR-After-hours, Weekends, Holidays, etc. $95.00 Vendor's Signature C:1Program Files (x86}1Neevia.Com~Document Converterltemp1883034.doc ITEM N~}. 22 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 10, 2008 SUBJECT: Contract for Production Equipment and Event Staging PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors approve anon-exclusive Entertainment Agreement between the City of Temecula Community Services District and Timmy D' Productions in the amount of $55,000 for FY2008-2009. BACKGROUND: Timmy D' Productions has successfully provided outstanding entertainment, sound services and technical support for numerous City sponsored programs and major special events for many years. Timmy D' Productions has a proven record in providing superior services and quality support for the many programs and major special events offered throughout the City. The following is a list of the programs and special events that will be provided through this Agreement. The services required for those listed may include but are not limited to, staging, sound equipment, movie equipment, entertainment equipment, event announcing and DJ services as needed. 4th of July Extravaganza Summer Concert Series Movies in the Park Annual Spring Egg Hunts Teen Dances Aglow in the Park FISCAL IMPACT: FY 08-09 is $55,000 999-5370. Annual Tree Lighting Ceremony Park Dedications Halloween and Harvest Festival Skate Park Competitions Family Fun Nights Community Services Department Expo The cost necessary to provide complete entertainment services for Funding is available in 190-183.999-5370, 190-183-999-5320 and 190-190- ATTACHMENTS: Agreement NON-EXCLUSIVE THIRD PARTY ENTERTAINMENT AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND TIMMY D' PRODUCTIONS THIS AGREEMENT is made and effective as of June 24, 2008 between the Community Services District, a municipal corporation ("District") and Timmy D' Productions ("Entertainer/Agent"}. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30 2009 unless sooner terminated pursuant to the provisions of this Agreement. The District may, upon mutual agreement, extend the Agreement for two one (1) year additional terms. In na event shall the Agreement be extended beyond June 30, 2011. 1. SERVICES. Entertainer/Agent shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Entertainer/Agent shall complete the tasks, or have the hired entertainment complete the tasks according to the schedule of performance that will be provided upon District's request for Entertainer/Agents "Event Price QuotelAgreement". 2. PERFORMANCE. a. EntertainerlAgent and any performers contracted and/or represented by the Entertainer/Agent or any third party shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. EntertainerlAgent and any employees or and/or contracted/represented performers of EntertainerlAgent or any third party and his firm shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Entertainer/Agent and/or any third party or contracted entertainment hereunder in meeting its obligations under this Agreement. b. Special Effects. No pyrotechnics or special effects of any kind shall be allowed as any part of a performance for the District by the EntertainerlAgent, its employees, or any entertainer/performer hired or represented by the EntertainerlAgent or any third party without the prior written consent of the General Manager or authorized designee. 4. LOCATION AND RELIABILITY OF PERFORMANCE. The date, time, and location of Entertainer/Agents performance or that of any employees or contracted performers of the EntertainerlAgent shall be determined at the time of District's request far "Event Price QuotelAgreement". All entertainment shall be provided within District and City limits. Time and reliability are of the essence in this Agreement. 5. PAYMENT. a. The District agrees to pay Entertainer/Agent monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed fifty five thocrsand dollars and no cents (55,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. The not to exceed payment C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883067.doc amount listed herein is an estimated expenditure and this Agreement does not guarantee the Entertainer/Agent this amount in contracted performances. b. EntertainerlAgent 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 General Manager. Entertainer/Agent shall be compensated for any additional services in the amounts and in the manner as agreed to by the General Manager and EntertainerlAgent at the time District's written authorization is given to EntertainerlAgent for the performance of said services. EntertainerlAgent acknowledges and agrees that it shall be responsible for paying any employee's of its firm and/or any entertainers/performers contracted by the EntertainerlAgent (Timmy D Productions} to perform on behalf of EntertainerlAgent or any third party for any District event. This Agreement is between the District and Timmy D' Productions only. The District shall not be held liable for any monies due or any disputes for contractual agreements between the EntertainerlAgent and other independent performerslentertainers hired by the EntertainerlAgent. EntertainerlAgent shall provide District a written release in a form reasonably acceptable to the District, signed by all entertainers/performers hired/represented by the EntertainerlAgent or any third party, releasing the District and waiver from any liability for payment prior to each event. c. EntertainerlAgent 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 District disputes any of EntertainerlAgent's fees it shall give written notice to EntertainerlAgent within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. NON-EXCLUSIVE AGREEMENT. EntertainerlAgent understands this is a non-exclusive Agreement between the District and Entertainer/Agent only and no guarantee of work or cost as outlined in Sections 2 and 5 is given or implied. 7. EQUIPMENT/MATERIALS. EntertainerlAgent{s} shall provide their own sound equipment and any other special equipment and materials that are required for the performance, unless other arrangements are made in writing and approved with the District prior to the performance. Sound equipment shall be adequate for the size of the anticipated audience and location of the performance. The District reserves the right to inspect all equipment and/or materials being used for any performance. 8. USE OF COPYRIGHTED MATERIAL. The EntertainerlAgent shall be fully responsible for paying any legally required royalties of fees for the use by the EntertainerlAgent or any employees of the EntertainerlAgent or any entertainers/performers hiredlrepresented by the EntertainerlAgent or any third party of copyrighted material and shall comply at all times with all applicable copyright laws. 9. ASSIGNMENT. The EntertainerlAgent shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the District. Upon termination of this Agreement, Entertainer/Agents 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 District Board and EntertainerlAgent. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883067.doc 10. SUSPENSION, TERMINATION, OR CANCELLATION OF PERFORMANCE AND AGREEMENT WITHOUT CAUSE. a. A performance may be cancelled, terminated, or suspended at any time, with or without cause, at the sole discretion of the General Manager or his delegate without default or breach of this Agreement by the District. The District may also at any time, for any reason, with or without cause suspend or terminate this Agreement, or any portion hereof, by serving upon the Entertainer/Agent at least ten (1 Q) days prior written notice. Upon receipt of said notice, the Entertainer/Agent shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District suspends or terminates this Agreement, or a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event a performance is cancelled, terminated or suspended, or this Agreement is terminated pursuant to this Section, the District shall pay to EntertainerlAgent the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Entertainer/Agent will submit an invoice to the District pursuant to Section 5 c. 11. DEFAULT OF ENTERTAINERIAGENT. a. The Entertainer/Agent's or any employee of the EntertainerlAgent or entertainer/performer hired by the EntertainerlAgent failure to comply with the provisions of this Agreement shall constitute a default. In the event that Entertainer/Agent is in default for cause under the terms of this Agreement, District shall have no obligation or duty to continue compensating Entertainer/Agent for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Entertainer/Agent. If such failure by the Entertainer/Agent to make progress in the performance of work hereunder arises out of causes beyond the EntertainerlAgent's control, and without fault or negligence of the Entertainer/Agent, it shall not be considered a default. b. If the General Manager or his delegate determines that the Entertainer/Agent, an employee of the Entertainer/Agent, or that of any entertainerlperformer hired by the Entertainer/Agent is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the EntertainerlAgent with written notice of the default. The Entertainer/Agent 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 Entertainer/Agent fails to cure its default within such period of time, the District 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. 12. INDEMNIFICATION. The EntertainerlAgent, its employees and any entertainer/performer hired by the Entertainer/Agent agrees to defend, indemnify, protect and hold harmless the City, District, andlor Agency its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Entertainer/Agent's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, including, without limitation copyright infringement, excepting only liability arising out of the negligence of the District. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883067.doc 13. INSURANCE REQUIREMENTS. EntertainerlAgent shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the EntertainerlAgent, 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 farm CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the EntertainerlAgent 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 EntertainerlAgent has no employees while performing under this Agreement, worker's compensation insurance is not required, but EntertainerlAgent shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. EntertainerlAgent 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. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. At the option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the EntertainerlAgent 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: (1) The District, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883067.doc activities performed by or on behalf of the EntertainerlAgent; products and completed operations of the Entertainer/Agent; premises owned, occupied or used by the Entertainer/Agent; or automobiles owned, leased, hired or borrowed by the Entertainer/Agent. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Entertainer/Agent's insurance coverage shall be primary insurance as respects the District, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the EntertainerlAgent'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 District, its officers, officials, employees or volunteers. (4) The EntertainerlAgent's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. 6} If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2} business days of notice from insurer phone, fax, and/or notify the District 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 District. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Entertainer/Agent shall furnish the District 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 District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the EntertainerlAgent's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883067.doc 14. INDEPENDENT CONTRACTOR. a. EntertainerlAgent, its employees and any entertainers/performers hired by the Entertainer/Agent is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of EntertainerlAgent shall at all times be under Entertainer/Agent's exclusive direction and control. Neither District nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Entertainer/Agent or any of Entertainer/Agent's officers, employees, or agents, or contractual performers except as set forth in this Agreement. Entertainer/Agent shall not at any time or in any manner represent that it or any of its officers, employees or agents or contracted performers are in any manner officers, employees or agents of the District. EntertainerlAgent shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind District in any manner. b. No employee benefits shall be available to EntertainerlAgent, its employees, or any entertainers/performers hired by the EntertainerlAgent in connection with the performance of this Agreement. Except for the fees paid to EntertainerlAgent as provided in the Agreement, District shall not pay salaries, wages, or other compensation to EntertainerlAgent, its employees or hired performers for performing services hereunder for District. District shall not be liable for compensation or indemnification to EntertainerlAgent, its employees or any contracted entertainers/performers hired/represented by the EntertainerlAgent for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES. The EntertainerlAgent shall keep itself informed of all local, State and Federal ordinances, laws, regulations and copyrights which in any manner affect those employed or contracted by it or in any way affect the performance of its service pursuant to this Agreement. The EntertainerlAgent shall at all times observe and comply with all such ordinances, laws, regulations and copyrights. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the EntertainerlAgent, its employees or any entertainers/performers hired/represented by the EntertainerlAgent to comply with this section. 16. RELEASE OF INFORMATION. a. All information gained by Entertainer/Agent in performance of this Agreement shall be considered confidential and shall not be released by EntertainerlAgent without District's prior written authorization. EntertainerlAgent, its officers, employees, agents or entertainers/performers hired/represented by the EntertainerlAgent, shall not without written authorization from the General Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided EntertainerlAgent gives District notice of such court order ar subpoena. b. EntertainerlAgent shall promptly notify District should Entertainer/Agent, its officers, employees, agents or any entertainers/performers hired/represented by the EntertainerlAgent 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. District retains the right, but has no obligation, to represent EntertainerlAgent andlor be present at any deposition, hearing or similar proceeding. EntertainerlAgent agrees to cooperate fully with District and to provide District with the opportunity to review any response to discovery requests provided by C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883067.doc EntertainerlAgent. However, District's right to review any such response does not imply or mean the right by District to control, direct, or rewrite said response. 17. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To District via U.S. Mail Ta District via Courier Service: City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Entertainer/Agent: Timmy D' Productions 42075 Remington Avenue Temecula. California 92590 18. LICENSES. At all times during the term of this Agreement, EntertainerlAgent shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 19. GOVERNING LAW. The District and EntertainerlAgent 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. 20. PROHIBITED INTEREST. No officer, or employee of the District/City shall have any financial interest, direct ar indirect, in this Agreement, the proceeds thereof, the Entertainer/Agent, or EntertainerlAgent's sub-contractors for this project, during his/her tenure or for one year thereafter. The Entertainer/Agent hereby warrants and represents to the District 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 Entertainer/Agent or Entertainer/Agents employees or any entertainerlperformer hired/represented by the Entertainer/Agent on this project. EntertainerlAgent further agrees to notify the District in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883067.doc 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. 22. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Entertainer/Agent warrants and represents that he or she has the authority to execute this Agreement on behalf of the Entertainer/Agent and has the authority to bind EntertainerlAgent to the performance of its obligations hereunder. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883067.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Attest: Susan W. Jones, MMC, City Clerk Board Secretary Approved As to Form: Peter M. Thorson, City Attorney Timmy D' Productions By: Name: Title: Name: Title: C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883067.doc EXHIBIT A TASKS TO BE PERFORMED Entertainer/Agent, its employees and/or any entertainers/performers hired by the EntertainerlAgent or any third party shall provide performances, on an as needed basis, upon request of the Temecula Community Services District. Entertainer/Agent recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the EntertainerlAgent only, for future performances at DistrictlCity events and recreational activities. The procedure for assigning work is set forth as follows: 1. The General Manager and/or the Director of Community Services or their designee's shall submit to the EntertainerlAgent awritten or verbal request for performance. The type of performance, location, date, and time shall be described or conveyed to the EntertainerlAgent. 2. Within five (5) business days of the date of the written or verbal request for performance, the EntertainerlAgent shall respond in writing with an event price quote/Agreement along with an 8X10 black and white photograph of the performer(s), a biography of the performer{s) and specific detailed information concerning the nature of the performance. The EntertainerlAgent shall also disclose if performance will be provided by Timothy Daniels, any personnel employed by Timmy D' Productions or by a contractual entertainerlperformer hired and represented by Timmy D' Productions. Special Effects. No pyrotechnics or special effects of any kind shall be allowed as any part of a performance for the District by the Entertainer/Agent, its employees, or any entertainerlperformer hired or represented by the EntertainerlAgent or any third party without the prior written consent of the General Manager or authorized designee. 3. Upon acceptance of the EntertainerlAgents response by the General Manager and/or the Director of Community Services or their designee's, the EntertainerlAgent shall proceed to "book" the event. The EntertainerlAgents performance or the performance of its employee's or any entertainer/performer hired/represented by the Entertainer/Agent or any third party for any event shall be pursuant to the terms of this Agreement. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883067.doc EXHIBIT B PAYMENT RATES AND SCHEDULE Exhibit B shall be the Event quotelAgreement as provided by the EntertainerlAgent for each individual performance as requested by the District. In any event, the cost of such services, while not guaranteed as per Section 5 of this Agreement, shall not exceed a total of $55,OQ0.00 for the total term of this Agreement. Entertainer/Agent shall be responsible for payment due to any employee of the Entertainer/Agent or any entertainer/performer hired and represented by the Entertainer/Agent or any third party as outlined in Section 5b paragraph 2 of this Agreement. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\883067.doc TEMECULA COMMUNITY SERVICES DISTRICT PUBLIC HEARING ITEM N~}. 23 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Shawn D. Nelson, General Manager DATE: June 10, 2008 SUBJECT: Review and Adoption of the FY 2008-09 Annual Operating Budget PREPARED BY: Genie Roberts, Director of Finance Jason Simpson Assistant Finance Director RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FY 2008-09 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS BACKGROUND: The proposed FY 2008-09 TCSD Annual Operating Budget includes the operation and maintenance of district-wide parks and recreation facilities, debt service on the certificates of participation issued for the construction of the Community Recreation Center, arterial street lighting and traffic signals, and median landscaping. Rates and charges are also established for residential street lighting, slope maintenance, refuse collection, street sweeping, and emergency street and road construction and maintenance. On May 21, 2008, the Board of Directors /City Council held a workshop to review and discuss the proposed operating budgets. At that time, the Board of Directors /City Council did not request any modifications to the budget, however, there was lengthy discussion regarding "Art in Public Places" from several members of the Board/City Council and staff will be following up on those comments as noted at the workshop. Parks and recreation services, as well as arterial street lighting and traffic signals, and median landscaping are primarily funded by the authorized special tax assessed to property owners as approved by the voters as "Measure C" in March 1997, which is $74.44 per single-family dwelling unit. While the cost for these services is $232.50 per single-family dwelling unit, the $158.06 per single-family dwelling unit difference is primarily funded by the City's General Fund through the Revenue Excess Sharing for Temecula ("REST") Program. Residential street lighting, slope maintenance, refuse collection, street sweeping, and emergency street and road construction and maintenance services provided by TCSD are funded primarily by rates and charges assessed to property owners within the District. An increase is proposed to the annual rate and charge for Service Level D (Refuse Collection/Recycling) to $218.52 per residential parcel beginning FY 2008-09, up from the current rate of $210.24. Furthermore, there is an increase to $96.00 from $89.00 for Zone 6 in Service Level C as a result of property owner election approval in March 2008. Also, there is a proposed rate of $339.00 from $328.55 for the Gallery Homes "Portraits" development. Furthermore, the rates and charges for Roripaugh Ranch are increasing based upon CPI. All other rates and charges will remain unchanged. TEMECULA COMMUNITY SERVICES DISTRICT {TCSD) TCSD Revenues Overall, a $785,350 (4%) increase in revenues is projected for TCSD. The fiscal year 2008-09 revenue estimates includes an increase of $46,989 far the special tax at the authorized rate, and an increase of $366,233 for trash assessments as a result of population growth and trash rate CPI adjustment to cover the costs of providing the service. The "REST" program revenue, from the City's General Fund, is proposed to be $7,880,346, a $388,260 increase from prior fiscal year. TCSD Expenditures The proposed Community Services District budget reflects a $178,613 (1.0%) increase in total expenditures from the current year budget. A summary of significant items is as follows: City-wide Operations • Services are provided status quo due to the current economic environment. • Includes $770,000 in utility costs throughout the City. • Includes operating costs for the TCC expansion plus the Pantry • Includes operating costs fortwo (2) new parks in Wolf Creek and the Murrieta Creek Trail System. Service Level B A $50,054 increase in street lighting costs due to new residential street lights and increased utility costs due to rate increases from service providers. Service Level C A $91,949 decrease in landscape maintenance and rehabilitation costs due to a decrease in contract costs as approved by the residents in this service level. Service Level D A $360,670 increase in refuse hauling costs is reflected, pursuant to conditions of the Franchise Fee Agreement for refuse and recycling for a consumer price index adjustment. Library A $52,069 decrease bringing the budget to $1,596,936, which represents a full year of operation of the Temecula Public Library. Some specific items include: • Library services contract with the County of Riverside in the amount of $900,000; • Information Systems charges to maintain the 113 workstations located at the facility in the amount of $256,280; • Support Services charges of $119,000 for maintenance of the 16 copier/printers at the facility. TCSD Fund Balance Surplus fund balance has been used over the past several fiscal years to fund ongoing operations and maintenance costs. The proposed fiscal year 2008-09 budget continues to utilize surplus fund balance in the following amounts: Citywide Operations $224,382 Service Level "B" $ 45,193 Service Level "C" $125,546 Service Level "R" $ 1,930 Service Level "L" $ 42,191 Library $ 1,476 FISCAL IMPACT: The services provided by the District are funded primarily by the special tax that was approved by the voters as Measure C on March 1997, the "REST" contribution from the City's General Fund, and the rates and charges assessed to property owners which are to be approved during a Public Hearing held on June 10, 2008. ATTACHMENTS: Resolution No. CSD 08- FY 2008-09 Proposed Annual Operating Budget -TCSD RESOLUTION NO. CSD 08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FY 2008-09 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the FY 2008-09 TCSD operating budget is hereby adopted. Section 2. That the fallowing controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the General Manager. C. The Board of Directors must authorize transfers {appropriations} of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. The Board of Directors must authorize any increase in regular personnel positions above the level indicated in the final budget. The General Manager may authorize the hiring of temporary or part-time staff as necessary within the limits imposed by the controls listed above. E. The General Manager may authorize expenditures of funds in amounts up to $30,000. Any expenditure of funds in excess of $30,000 requires Board of Directors action. F. The General Manager may authorize Public Works contracts in amounts up to $30,000. Any expenditures of Public Work funds in excess of $30,000 require Board of Directors action, except that the General Manager may approve change orders on Public Works contracts approved by the Board in amounts up to project contingency established by the Board. G. Pursuant to Section 3.28.130 of the Municipal Cade, the Executive Director may authorize purchases of supplies and equipment in amounts up to $30,000. Any purchases of supplies and equipment in excess of $30,000 shall be awarded to the lowest responsible bidder pursuant to formal bid procedures and require City Council action, except that the Executive Director may approve change orders on purchases of supplies and equipment approved by the Board in amounts up to contingency established by Board. H. Pursuant to Section 3.28.250 of the Municipal Code, purchases of supplies and equipment of an estimated value of $30,000 or less, may be made by the purchasing agent in the open market pursuant to the procedure prescribed in Sections 3.28.260 through 3.28.280 and without observing the procedure prescribed in Sections 3.28.130 through 3.28.240; provided, however, that all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of $5,000 or less. Section 3. Outstanding encumbrances shown on the District books at June 30, 2008, are hereby appropriated for such contracts or obligations for FY 2008-09 Section 4. There are numerous occasions when small dollar valued purchases must be made for or on behalf of the District; and it is appropriate that a petty cash fund be used to provide for the purchase of these smaller dollar valued items; now, therefore, the Board of Directors of the Temecula Community Services District of the City of Temecula does hereby resolve, determine, and order as follows: A. There is hereby established a renewable petty cash fund to be maintained in the Finance Department. B. The imprest balance amount of the petty cash fund shall be $3,000. C. Vouchers, receipts, or other evidence of payment shall be required before reimbursement shall be made from said petty cash fund, in such form as shall be required by Director of Finance. Section 5. The Board Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 10th day of June, 2008. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City ClerklBoard Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 08- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 10th day of June, 2008, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary ~~,Y o~ "C~M~CULA .n..,~..~. PROPOSED ANNUAL OPERATING BUDGET F~scAr~YE~ 2oos•2oo9 TEMECULA COMMUNITY SERVICES DISTRICT (TCSD) CITY COUNCIL MEETING JUNE 10, ~oo$ THE ~ ~~ ~ ~U~ ~~1~'Y/ .r_~~, ~ ~ -- LLL LLL INC. 1989 \/ - - - °Ol.i) TKnUiEIUNS~ Nl:w (~PIK)RfUNiI'IF.5" TCSD FUNDS 2006-07 2007-08 2008-09 Proposed % Wudited Current Proposed Increase Increase Ad~uals Budget Budget (Decrease) (Decrease) Total Revenues by Fund: Citywide Operations 10,142,763 11,266,026 11,721,638 455,612 4% Service Level 6 618,035 655,259 789,196 133,937 20% Service Level C 1,356,808 2,016,870 1,582,729 (434,141) -22% Service Level D 4,811,014 5,331,590 5,700,551 368,961 7% Service Level R 10,864 10,461 10,370 (91) -1% Service Level L 162,648 202,000 229,400 27,400 14% Library 1,360,103 1,361,788 1,595,460 233,672 17% Debt Service 1,024 - - - 100% Total Revenues 18,463,259 20,843,994 21,629,344 785,350 4% Total Expenditures by Fund Citywide Operations 9,620,021 11,555,773 11,448,995 (106,778) -0.9% Service Level 6 663,180 784,335 834,389 50,054 6.4% Service Level C 1,431,674 1,800,224 1,708,275 (91,949) -5.1% Service Level D 4,789,911 5,334,708 5,695,377 360,670 6.8% Service Level R 7,407 6,300 12,300 6,000 95.2% Service Level L 220,765 261,476 271,591 10,115 3.9% Library 1,055,910 1,649,005 1,596,936 (52,069) -3.2% Debt Service 499,050 494,455 497,025 2,570 0.5% Total Expenditures 18,287,917 21,886,276 22,064,888 178,613 1% Excess of Revenues Over (Under) Expenditures 175,342 (1,042,282) (435,544) 606,738 Operating Transfers In (Out): Citywide Operations (501,500) (554,455) (497,025) 57,430 Service Level 6 - 60,000 - (60,000) Debt Service 501,500 494,455 497,025 2,570 Excess of Revenues Over (Under) Expenditures and Operating Transfers Out 175,342 (1,042,282) (435,544) 606,738 Fund Balances, Beg. of Year 2,055,253 2,230,595 1,188,314 Fund Balances, End of Year 2,230,595 1,188,314 752,770 3 SUMMARY OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FY 2008-09-PROPOSED ANNUAL OPERATING BUDGET TcsD crtYwtDE Furt~ Total Revenues Expenditures: City Wide Operations Senior Center CRC Recreation Community Center Museum Aquatics Sports Children's Museum Community Theater Cultural Art Total Expenditures Excess of Revenues Over (Under) Expenditures Operating Transfers Out Excess of Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balance, Beg. of Year Fund Balance, End of Year 2006-07 2007-08 2008-09 Proposed % Audited Revised Preliminary Increase Increase Actuals Budget Budget (Decrease) (Decrease) 10,142,763 11,266,026 11,721,638 455,612 4% 5,694,445 7,168,370 7,045,491 (122,879) -1.71% 203,151 214,408 257,740 43,332 20% 501,567 531,668 507,835 (23,833) -4% 688,881 744,487 705,727 (38,760) -5% 159,728 182,900 270,142 87,242 48% 248,295 245,573 262,384 16,811 7% 558,912 590,573 575,109 (15,464) -3% 243,320 291,959 293,164 1,205 0% 280,353 338,767 338,861 94 0% 948,285 1,095,838 1,072,177 (23,661) -2% 93,084 151,230 120,365 (30,865) -20% 9,620,020 11,555,773 11,448,995 (106,778) -0.9% 522,743 (289,747) 272,643 562,390 (501,500) (554,455) (497,025) 57,430 21,243 (844,202) (224,382) 619,820 1,331,675 1,352,918 508,716 1,352,918 508,716 284,334 4 SUMMARY OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FY 2008-09-PROPOSED ANNUAL OPERATING BUDGET SERVICE LEVEL "B" FUND 2006-07 2007-08 2008-09 Proposed Audited Current Preliminary Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 618,035 655,259 789,196 133,937 20% Total Expenditures 663,180 784,335 834,389 50,054 6% Excess of Revenues Over (Under) Expenditures (45,145) (129,076) (45,193) 83,883 -65% Operating Transfers In - 60,000 - (60,000) -100% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out (45,145) (69,076) (45,193) 23,883 Fund Balance, Beg. of Year 161,288 116,143 47,067 Fund Balance, End of Year 116,143 47,067 1,874 SERVICE LEVEL "C" FUND 2006-07 2007-08 2008-09 Proposed % Audited Current Preliminary Increase Increase Ad~uals Budget Budget (Decrease) (Decrease) Total Revenues 1,356,808 2,016,870 1,582,729 (434,141) -22% Total Expenditr.ires 1,431,674 1,800,224 1,708,275 (91,949) -5% Excess of Revenues Over (Under) Expenditures (74,866) 216,646 (125,546) (342,192) -158% Operating Tra-~sfers Out - - - - 0% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out (74,866) 216,646 (125,546) (342,192) Fund Balance, Beg. of Year 162,015 87,149 303,795 Fund Balance, End of Year 87,149 303,795 178,249 5 SUMMARY OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FY 2008-09-PROPOSED ANNUAL OPERATING BUDGET SERVICE LEVEL "D" FUND 2006-07 2007-08 2008-09 Proposed % Wudited Current Preliminary Increase Increase Ad~uals Budget Budget (Decrease) (Decrease) Total Revenues 4,811,014 5,331,590 5,700,551 368,961 7% Total Expenditr.ires 4,789,911 5,334,708 5,695,377 360,670 7% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out 21,104 (3,118) 5,174 8,292 Fund Balance, Beg. of Year 10,304 31,4 28,291 Fund Balance, End of Year 31,408 28,291 33,465 SERVICE LEVEL "R" FUND Total Revenues Total Expenditures Excess of Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balance, Beg. of Year Fund Balance, End of Year 2006-07 2007-08 2008-09 Proposed % Wudited Current Preliminary Increase Increase Actuals Budget Budget (Decrease) (Decrease) 10,864 10,461 10,370 (91) -1% 7,407 6,300 12,300 6,000 95% 3,457 4,161 (1,930) (6,091) 31,302 34,759 38,920 34,759 38,920 36,990 6 SUMMARY OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FY 2008-09-PROPOSED ANNUAL OPERATING BUDGET SERVICE LEVEL "L" FUI1D Total Revenues Total Expenditrares Excess of Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balance, Beg. of Year Fund Balance, End of Year 2006-07 2007-08 2008-09 Proposed % Wudited Current Preliminary Increase Increase Ad~uals Budget Budget (Decrease) (Decrease) 162,648 202,000 229,400 27,400 14% 220,765 261,476 271,591 10,115 4% (58,117) (59,476) (42,191) 17,285 351,639 293,522 234,046 293,522 234,046 191,855 7 SUMMARY OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FY 2008-09-PROPOSED ANNUAL OPERATING BUDGET LIBRARY FUND 2006-07 2007-08 2008-09 Proposed % Wudited Current Preliminary Increase Increase Ac6uals Budget Budget (Decrease) (Decrease) Total Revenues 1,360,103 1,361,788 1,595,460 233,672 17% Total Expenditr.ires 1,055,910 1,649,005 1,596,936 (52,069) -3% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out 304,193 (287,217) (1,476) 285.741 Fund Balance, Beg. of Year - 304,193 16,976 Fund Balance, End of Year 304,193 16,976 15,500 TCSD DEBT SERVICE FUND 2006-07 2007-08 2008-09 Proposed % Audited Current Preliminary Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 1,024 - - - 100% Total Expendi6..ires 499,050 494,455 497,025 2,570 1% Excess of Revenues Over (Under) Expenditures (498,026) (494,455) (497,025) (2,570) 1% Operating Tra-~sfer In 501,500 494,455 497,025 2,570 1% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out 3,474 - - - Fund Balance, Beg. of Year 7,030 10,504 10,504 Fund Balance, End of Year 10,504 10,504 10,504 8 SUMMARY OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FY 2008-09-PROPOSED ANNUAL OPERATING BUDGET REVENUES BY FUND Actual Actual Estimated Adopted FY2005-06 FY 2006-07 FY2007-08 FY 2008-09 Parks and Recreation $ 9,389,104 $ 10,142,763 $ 11,266,026 $ 11,721,638 Service Level B ** 635,933 618,035 715,259 789,196 Service Level C 1,280,041 1,356,808 2,016,870 1,582,729 Service Level D 4,421,415 4,811,014 5,331,590 5,700,551 Service Level R 10,499 10,864 10,461 10,370 Service Level L 282,001 162,648 202,000 229,400 Library - 1,360,103 1,361,788 1,595,460 Debt Services 501,052 502,524 494,455 497,025 Total $ 16,520,045 $ 18,964,759 $ 21,398,449 $ 22,126,369 Does include ope:•atingtransfers of $497,025 fr•omParks a ndRec~•eation to Debt Service Fund. ~'~'Does include $60,000 operating transfers of $60,000 from Parks and Recreation in FY2007-08. .-. C 0 ... Actual Actual Estimated Adopted FY 2005-06 FY 2006-07 FY 2007-05 FY 2008-09 ^ P arks and Recreation ^ Service Level B ^ Service Level C ^ Service Level D ^ Service Level R ~ Debt Service* ^ Service Level L ^ Library 9 EXPENDITURE SUMMARY SY CATEGORY Operations Capital FYrnd Personnel & Maintenance Outlay Total Paris and Recrea tion * $ 5,080,985 $ 6,865,035 $ - $ 11,946,020 Service Levels 6,889 827,500 - 834,389 Service Level C 221,384 1,486,891 - 1,708,275 Service Leve1D 66,907 5,628,470 - 5,695,377 Service Leve1R - 12,300 - 12,300 Service Leve1L 60,191 211,400 - 271,591 Debt Service* - 497,025 - 497,025 Library 42,836 1,554,100 - 1,596,936 Total $ 5,479,192 $ 17,082,721 $ - $ 22,561,913 *Parks andReaeat ion does include a $497,025 op eratingtransfertotheDebt Service Fund. TCSD EXPENDITURE SUMMARY TCS1] EXPEI~IDITURE SUMMARY ParKs and F $ i 1,94 Li~rai $1,596,936 Debt Service Service Level R $497,025 $12,300 Service Level L $ 271,591 rvice Level B $834,389 Service Level C $1,708,275 Level D ~~,~95,377 10 Tcs~ DIRECTOR OF COMMUNITY SERVICES Herman D. Parker DEPUTY DIRECTOR OF Phyllis Ruse CULTURAL ARTS .................. Theater :. ................. .................. Children's Museum :. ................. .................. History Museum :. ................. .................. Public Art :. ................. .................. Historic Resources :.................. RECREATION SERVICES ................... Youth & Adult Sports :. .................. ................... Special Events :. .................. ................... Volunteer 8 Cultural Services :. .................. ................... Teen 8 Recreational Services :. .................. ................... Senior 8 Human Services :. .................. ................... Aquatic Program Services ................... Contracted Classes Services .. .................. DEVELOPMENT SERVICES ..................... Park Acquisition .................... Park Development .................... Assessment Administration .................... Development Plan : Review .................... Solid Waste Administration .................... Cable Television ' Administration ' .................... Capitallmprovement : Projects .. ..................: .................... Master Plan Process Review ....................: MAINTENANCE SERVICES Park Maintenance .................... Median Maintenance .................... Slope Maintenance .................... : Facility Maintenance .................... .................... Plan Check Review 11 COMPARATIVE EXPENDITURE SUMMARIES Program: Corrxnxnity Services Flmding Source: Special Tax Benefit A s s es s ments General Fund PARKS & RECREl4TION~ Actual Actual Budgeted Preliminary Expenditure Stunrtrary FY2005-06 FY2006-07 FY2007-08 FY2008-09 Personnel $ 3,646,074 $ 4,275,161 $ 4,862,268 $ 5,080,985 Operations &Maintenance 5,341,855 5,840,510 7,222,960 6,865,035 Capital Outlay - 5,850 25,000 - $ 8,987,928 $10,121,521 $12,110,228 $11,946,020 SERVICE LEVEL B Actual Actual Budgeted Preliminary Expenditure Summary FY2005-06 FY2006-07 FY2007-OS FY2008-09 Personnel $ 6,022 $ 6,507 $ 6,635 $ 6,889 Operations &Maintenance 644,051 656,672 777,700 827,500 Capital Outlay $ 650,072 $ 663,180 $ 784,335 $ 834,389 SERVICE LEVEL C Actual Actual Budgeted Preliminary Expenditure Summary FY2005-06 FY2006-07 FY2007-08 FY2008-09 Personnel $ 230,816 $ 234,857 $ 264,365 $ 221,384 Operations &Maintenance 1,190,193 1,196,817 1,535,859 1,486,891 Capital Outlay $ 1,421,009 $ 1,431,674 $ 1,800,224 $ 1,708,275 *Does include a $497,025 operating transfers out to the Debt Service Fund. 12 COMPARATIVE EXPENDITURE SUMMARIES SERVICE LEVEL D Actual Achial Budgeted Preliminary Expenditure Summary FY2005-06 FY2006-07 FY2007-08 FY2008-09 Personnel $ 41,856 $ 45,840 $ 48,174 $ 66,907 Operations &Maintenance 4,370,103 4,744,071 5,286,534 5,628,470 Chpital Outlay - - - - $ 4,411,959 $ 4,789,911 $ 5,334,708 $ 5,695,377 SERVICE LEVEL R Actual Actual Budgeted Preliminary Expenditure Summary FY2005-06 FY2006-07 FY2007-08 FY2008-09 Personnel Operations &Maintenance $ 9,935 $ 7,407 $ 6,300 $ 12,300 Capital Outlay - - - - $ 9,935 $ 7,407 $ 6,300 $ 12,300 SERVICE LEVEL L Actual Actual Budgeted Preliminary Expenditure Summary FY2005-06 FY2006-07 FY2007-08 FY2008-09 Personnel $ 26,597 $ 27,073 $ 28,076 $ 60,191 Operations &Maintenance 178,599 193,692 233,400 211,400 Chpital Outlay $ 205,196 $ 220,765 $ 261,476 $ 271,591 13 COMPARATIVE EXPENDITURE SUMMARIES DEBT SERVICE E?q~enditure Summary Personnel Operations &Maintenance Capital Outlay Operating Transfer Out IIBR~RY E?q~enditure Summary Personnel Operations &Maintenance C:~apital Outlay Actual Actual Budgeted Preliminary FY2005-06 F'Y2006-07 FY2007-08 FY2008-09 $ 498,550 $ 499,050 $ 494,455 $ 497,025 $ 498,550 $ 499,050 $ 494,455 $ 497,025 Actual Actual Budgeted Preliminary FY2005-06 FY2006-07 FY2007-OS FY2008-09 $ - $ 523 $ 33,905 $ 42,836 - 1,055,387 1,615,100 1,554,100 $ - $ 1,055,910 $ 1,649,005 $ 1,596,936 14 AUTHORIZED POSITIONS PARKS AND RECREl4TION Adrrrin is trative A s s istant Aquatics Supervisor Cultural Arts Administrator Custodian Deputy Director of Community Services Development Services Administrator Facility Services Manager Human Services/Teen Manager Director of Cornnunity Services Lands cape Inspector Lead Maintenance Worker Maintenance Superintendent Maintenance Supervisor Maintenance Worizer Museum Services Manager ice Specialist Pariz Ranger Parks/Lands cape Maintenance Supervisor Patron Services Coordinator Recreation Coordinator Recreation Superintendent Recreation Supervisor Senior Landscape Inspector Senior Management Analyst Senior Recreation Coordinator Theater Manager Theater Technical Coordinator Theater Technical Supervisor Total SERVICE LEVII, S Senior Management Analy s t SERVICE LEVII. C Lands cape Inspector Maintenance Superintendent Maintenance Worizer ice Specialist Parks/I.andscapeMarntenance Supervisor Senior Landscape Inspector Senior Management Analy s t Total Authorized Authorized 2007-08 Changes 2008-09 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 0.85 0.00 0.85 0.00 0.50 0.50 1.00 0.00 1.00 1.00 0.00 1.00 0.75 (0.10) 0.65 3.40 0.00 3.40 0.70 0.00 0.70 0.70 0.00 0.70 3.00 0.00 3.00 2.00 0.00 2.00 2.30 0.00 2.30 2.00 0.00 2.00 0.70 (0.10) 0.60 1.00 0.00 1.00 1.00 (1.00) 0.00 1.00 0.00 1.00 3.00 0.00 3.00 0.50 0.00 0.50 0.50 0.00 0.50 1.00 1.00 2.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 34.40 0.30 34.70 0.05 0.00 0.05 i ~. US 0.00 0.05 0.90 0.05 0.05 0.00 0.50 (0.10) 0.30 (0.05) 0.20 0.05 0.50 (i x.15) 0.30 (0.10) 2.75 (0.30) 15 0.95 0.05 0.40 0.25 0.25 n. s5 U. ZU 2.45 AUTHQRiZED POS1T'IOI~IS Authorized Authorized SERVICELEVELD 2007-08 Changes 2008-09 Development Services Administrator 0.15 0.00 0.15 Senior Management Analyst 0.15 0.10 0.25 Office Specialist 0.10 0.05 0.15 Total 0.40 0.15 0.55 SERVICE LEVEL L Landscape Inspector 0.10 0.05 0.15 Senior Landscape Inspector 0.00 0.15 0.15 Lead Maintenance Worker 0.10 0.00 0.10 Maintenance Worker 0.00 0.10 0.10 Park/I.andscapehaintenance Supervisor 0.10 0.05 0.15 Total 0.30 0.35 0.65 Carnnunity Services Total 37.90 O.SU 3~.4U i 16 PROGRAM: RECREA'TYON SERVICES MISSION: The Recreation Services Program is responsible for providing a comprehensive City- wide recreation program that meets the recreation and human service needs within the community. 2007-2008 ACCOMPLISHMENTS: ^ Successfully programmed and implemented local, regional and national tournaments at the Patricia H. Birdsall Sports Park ^ Promoted volunteerrecniitment through the Guide to Leisure Activities brochure ^ Successfully implemented the first annual Aglow in the Park event ^ Successfully promoted and implemented "free" on-line registration for classes and activities ^ Successfully implemented and increased participation in the annual Fit SK/lOK Walk Run GOAL 1: PROVIDE HIGH QUALITY RECREATION AND LEISURE OPPORTUNITIES THAT MEET THE DYNAMIC NEEDS OF OUR DIVERSE POPULATION, CREATE A STRONG SENSE OF COMMUNITY, AND PROMOTE PARTICIPATION IN RECREATIONAL EXPERIENCES THAT ENHANCE HEALTH AND WELL-BEING OBJECTIVES: - Plan, program and implement a Community Services Department Expo to inform and encourage residents to participate in City sponsored programs, activities and special events - As a component of the Youth Master Plan, accomplished planning, programming and implementing a teen after-school program at three middle school sites through a joint facility use with the Temecula Valley Unified School District - Enhance the current FIT program to include a "special needs" program GOAL 2: PLAN, DEVELOP AND IMPLEMENT NEEDED HUMAN SERVICES, VOLUNTEER PROGRAMS AND ACTIVITIES THAT MEET THE INCREASING DEMANDS OF A GROWING COMMUNITY AND FOSTER HUMAN DEVELOPMENT AND ACCESSIBILITY FOR ALL COMMUNITY MEMBERS OBJECTIVES: - Implement Phase I of the Youth Master Plan - In conjunction with the Youth Master Plan -plan, program and implement an intramural sports program 17 DEPARTMENT: COMMUI~IITY SERVICE PROGRAM: RECREA'TYON SERVICES GOAL 3: DEVELOP AN ACTIVE AND CREATIVE PROGRAM FOR STAFF TRAINING AND DEVELOPMENT THAT ENCOURAGES PROFESSIONAL GROWTH, RESPONSIBILITY AND CREATIVITY. DEVELOP AND IMPLEMENT POLICIES AND PROCEDURES THAT EMPOWER STAFF TO CONTINUALLY MOVE THE DEPARTMENT TOWARD A STRONGER ROLE WITHIN THE COMMUNITY OBJECTIVES: - Develop a list of topics for training purposes that will identify the overall needs of the Department - Provide professional training for TCSD staff in the areas of supervision, programming, computer skills and other specific opportunities to maintain the standard of quality customer service within the department - Provide additional opportunities for TCSD staff to directly engage in professional networking opportunities such as the Skate Park Coalition, Women in Leisure Services, CPRS, and other professional organizations Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-OS FY 2008-09 Successfully implement the Community 0 0 1 1 Services Department Expo Number of Youth Master Plan after school 0 0 0 3 program sites Number of "special needs" participants in the FIT program 0 0 12 25 Professional training opportunities for TCSD staff 4 3 4 4 18 DEPARTMENT: COMMUI~IITY SERVICE PROGRAM: DEVELOPMENT SERVICES MISSION: The Development Services Program is responsible for park site acquisition and development, assessment engineering, development review, and solid waste and cable television franchise administration. 2007-2008 ACCOMPLISHMENTS: ^ Completed Service Level C Election process ^ Coordinated with Public Works and started construction of the trail improvements along Murrieta Creek ^ Completed construction documents for the Temecula Community Center expansion project ^ Completed Wolf Creek Park ^ Completed the construction documents for Phase I of the Redhawk Park Improvements ^ Completed the 2008 Recycling Calendar ^ Organized a residential household battery and cell phone disposal program ^ Organized two Community Clean-up events ^ Facilitated three Household Hazardous Waste Events ^ Completed the process and received final payments from Proposition 40 grant fixnds ^ Received the CPRS Award of Excellence for Patricia H. Birdsall Sports Park and the Temecula Public Library GOAL 1: PROVIDE A COMPREHENSIVE ,BALANCED NEIGHBORHOOD COMMUNITY PARKS AND RECREATIONAL FACII,ITIES SYSTEM THROUGHOUT THE CITY OBJECTIVES: - Seek grant funding opportunities {i.e., SB332 and CDBG} - Begin Phase I of Redhawk Park Improvements - Facilitate construction of YMCA building in Margarita Park - Complete the Ice Rink Feasibility Study - Complete the Murrieta Creek Trail project - Complete the TCC Expansion - Complete the design of the Old Town Gymnasium GOAL 2: ADMINISTER AN EFFICIENT AND BENEFICLAL ASSESSMENT PROCESS AND FR ANCHISE SERVICES OBJECTIVES: - Implement Service Level C based on election results - Conduct Easement Clean-Up -Vail Ranch, Chantemar and Pheasant Run - Review all appeals/special cases for Special Tax - Administer C & D Recycling Program including diversion goals, large event recycling programs, community clean-ups and Household Hazardous Waste events 19 DEPARTMENT: COMMUNITY SERVICES PROGRAM: DEVELOPMENT SERVICES GOAL 3: PROVIDE THOROUGH REVIEW OF ALL PROPOSED CITY DEVELOPMENT OBJECTIVES: - Participate in the City's development review process for Specific Plans, Development Plans, Environmental Impact Reports, and Tentative Maps - Provide appropriate conditions of approval for future development - Review and approve final maps, grading plans and CC&R's - Develop internal processes to provide maximum efficiency and communication between developers, other City departments andwithin the Development Services Division Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-OS FY 2008-09 Number of capital projects completed 4 3 4 5 Number of public parks completed as 2 0 2 0 conditionedby development Number of recreational marketing Techniques 1 1 1 1 developed 20 DEPARTMENT: COMMUNITY SERVICES PROGRAM: MAINTENANCE SERVICES MISSION: The Maintenance Services Program is responsible for providing effective landscape and facility maintenance services for parks, slopes, medians, recreation facilities, and City Administrative offices. 2007-2008 ACCOMPLISHMENTS: Completed numerous park, facility and slope area rehabilitation and repair projects including, Mary Phillips Senior Center Interior Painting, Temecula Duck Pond Veteran's Memorial Phase 2A, Ronald Reagan Sports Park Drill and Fill Project, Ronald Reagan Sports Park 12' Fence Installation and Netting Pole Painting, Pala Community Park Tennis Court Resurfaang, Margarita Community Park Tennis Court Windscreen Replacement, and Community Recreation Center MPR Flooring Replacement Provided thorough construction plan review of several landscape maintenance service areas {Temecula YMCA at Margarita Community Park, Murrieta Creek Multi-Purpose Trail Project, Old Town Civic Center Town Square} Completed construction oversight of several city facilities and landscape maintenance service areas {Field Operations Center, Diaz Road Re-alignment, Rancho California Road Widening, Wolf Creek Neighborhood Park} Completed several Capital Improvement Projects {Margarita Community Dog Park, Imagination Workshop Improvements, Vail Ranch Park Play Structure Retrofit} Provided support services for City sponsored events and programs GOAL 1: PROVIDE SAFE AND ATTRACTIVE FACII,ITIES, PARKS, MEDIANS AND TRAII, SYSTEMS OBJECTIVES: - Ensure sites are safe, clean and green at all times - Ensure performance compliance by City maintenance contractors and repair contractors - Develop a working relationship with Rancho California Water District to take advantage of efficient irrigation system retrofit programs - Develop priorities for site repairs, renovations and retrofits - Work closely with Police Department and Park Rangers to encourage community involvement to facilitate community problem solving, minimize vandalism and increase public safety and awareness 21 DEPARTMENT: COMMUNITY SERVICES PROGRAM: MAINTENANCE SERVICES GOAL 2: PROVIDE ATTRACTIVE AND SUSTAINABLE LANDSCAPE MAINTENANCE SERVICE AREAS WHICH WILL ENHANCE THE COMMUNITIES IMAGE WHILE PROMOTING THE EFFICIENT USE OF OUR RESOURCES OBJECTIVES: - Provide thorough review of all proposed maintenance service areas - Encourage the design of water wise landscapes to optimize water usage - Promote maintenance friendly landscape designs which will minimize long term maintenance costs - Oversee construction completion and acceptance of city-wide landscape construction projects - Identify existing landscape maintenance service areas in need of rehabilitation - Initiate the rehabilitation programs in the landscape maintenance service areas - Respond to customer service requests within 24 hours Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-OS FY 2008-09 Number of rehabilitation projects completed 5 5 4 4 Number of park/landscape construction 4 4 4 4 projects completed Number of service order responses 100 100 100 100 22 DEPARTMENT: COMMUNITY SERVICES PROGRAM: CULTURAL ARTS SERVICES MISSION: The Cultural Arts Services Program is responsible for providing an array of cultural arts programs and activities that are both educational and entertaining for the community. 2007-2008 ACCOMPLISHMENTS: ^ Offered over 100 arts classes, excursions and other activities, Youth Band Jam and after school programs ^ Produced four cultural arts brochures ^ Produced the annual Summer Concert Series, the Harveston Concert Series and the Movies in the Park series ^ Implemented gallery program at the Merc {eight exhibitions} ^ Produced inaugural Youth Film Festival ^ Presentedthe Big Band Dance Extravaganza ^ Completed CIP projects at the Children's Museum ^ Coordinated with Information Systems to create City Website highlighting the location of historical sites along the Immigrant Trail in the Temecula Valley ^ Produced two editions the High Country Magazine ^ Implemented six exhibitions at the Temecula Valley History Museum ^ Successfully completed two grants {Roripaugh Foundation} for the development of the Temecula Valley History Museum collections and exhibitions ^ Produced the second season of Temecula Presents ^ Launched Jazz at the Merc performances every 'Thursday night in the Club at the Merc ^ Received CPRS Award of Excellence for the marketing campaign and brochure relating to the Theater and Temecula Presents GOAL 1: DEVELOP THE STRATEGIC PLAN FOR CULTURAL ARTS DIVISION OBJECTIVES: - Develop long-term planning on a continual basis throughout the year by dedicating one meeting per month to review strategy, goals and objectives - Establish an annual division retreat to formalize the planning process GOAL 2: DE VELOP PROGRAMS AND ACTIVITIES THAT STIMULATE, ENCOURAGE AN D SUPPORT THE ARTS OBJECTIVES: - Develop and implement a variety of art classes and activities - Offer family day activities and public lectures that demonstrate the relatedness of historical and artistic traditions - Develop and distribute various marketing materials to encourage participation in arts and programs including banners on Rancho Vista Road - Implement acommunity-wide special event that highlights visual and performing arts - Implement an after-school Cultural Arts Program for youth as part of the Youth Master Plan - Continue to monitor operations and develop programming at the Children's Museum, the History Museum and the O1dTown Temecula Community Theater - Continue to collaborate with the Arts Council of Temecula Valley to further the arts 23 DEPARTMENT: COMMUNITY SERVICES PROGRAM: CULTURAL ARTS SERVICES GOAL 3: CONTINUE TO PRESENT CULTURALLY DIVERSE PROGRAMMING OBJECTIVES: - Produce the Temecula Presents brochure - Create strategic plan presenting partnerships with other regional organizations - Develop and implement "Mere" performing arts programming - Develop and present the Traveling Arts Carnival - Produce City of Temecula Youth Media Arts Festival {2"d Year} - Produce one community special event {Dance Extravaganza} GOAL 4: OV ERSEE THEATER OPERATIONS OBJECTIVES: - Oversee theater operations - Work with concessionaire to ensure success with the "Club at the Merc" and all theater concessions GOAL 5: OV ERSEE AND ADMINISTER THE IMPLEMENTATION OF THE CITY'S ART IN PU BLIC PLACES PROGRAM OBJECTIVES: - Work with the development community to ensure compliance with the City's Public Art Ordinance - Develop strategies to collaborate with the private sector to develop public art projects GOAL 6: FOSTER AN AWARENESS AND APPRECIATION OF HISTORIC SITES, ARTIFACTS AND HISTORY OBJECTIVES: - Act as a City liaison to the Temecula Historical Society - Continue to acquire significant artifacts in building the Temecula Valley History Museum's collections and research facility thereby intensifying the importance of the Museum as a regional center. - Archive the Wilkinson Collection - Continue to develop educational and stimulating exhibits GOAL 7: PR OVIDE SCIENCE BASED PROGRAMMING TO CHILDREN AND FAMILIES OBJECTIVES: - Increase quality programming in conjunction with the Friends of the Temecula Valley Children's Museum - Analyze exhibits to determine renovation and changes - Continue to expand a community outreach program - D evelop a complete membership package, including a marketing strategy Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-OS FY 2008-09 Implementation of art classes and activities 89 80 90 90 Develop Cultural Arts publications 5 4 5 5 After school program for middle school age 12 11 12 14 24 DEPARTMENT: COMMUNITY SERVICES PROGRAM: LIBRARY SERVICES MISSION: In partnership with the Riverside County Library System, the Library Services Program is responsible for providing lifelong learning opportunities through equal access to informational, recreational, and educational materials. 2007-2008 ACCOMPLISHMENTS: - Conducted 60 "Introduction to Library" visits for over 1,250 first grade children, including the opportunity for each child to apply for a library card - Successfully implemented the "Public Library Books to Schools" program throughout TVUSD, providing five-day aweek delivery to the schools - Began pilot program with Library staff issuing library cards to children and TVUSD staff at school campuses - Established "Partners in Learning" project with the Temecula Valley Chamber of Commerce designed to raise additional funds to build the book collection - Administered a volunteer program of over 6,600 volunteer hours or the equivalent to 3.2 FTE staff - Created a Teen Council and expanded the programs offered for teens - Established aBraille book collection for the sight impaired - Established aunique "Baby Sign Language" program - Offered the "Paws to Read" program for children, a read out loud to a registered Assistance Dog program - Received the 2007 California Parks and Recreation Society Award of Excellence for Facility Design for the Temecula Public Library - Hosted an average of 8,900 computer user sessions per month - Increased circulation to over 60,000 items per month which is the highest circulation in the Riverside County Library System - Through partnership with the TVUSD, hosted athriving Technology Homework Center for K-12 students and a peer tutoring program 20 hours per week - Obtained and processed a donated Wine Book Collection which will grow to 1,000+ volumes - Temecula Reads! Temecula Writes! Community Read Program - 18 event program - Freedom Writers Diary -This year involved City of Temecula, TVUSD, Mt. San Jacinto College, PTA GOAL 1: UTILIZE THE CITY'S COFFEE CART TO PROVIDE QUALITY REFRESHMENTS FOR LIBRARY PATRONS OBJECTIVES: - Negotiate an agreement with a concessionaire to operate the coffee cart during some or all library hours of operation - Approve concessionaire's menu, pricing and hours of service - Provide inviting seating for consumption of food and beverage GOAL 2: CONTINUE TO DEVELOP AND MAINTAIN THE LIBRARY COLLECTIONS TO BEST MEET THE NEEDS OF THE COMMUNITY OBJECTIVES: - Work with LSSI staffto select and purchase appropriate materials - Provide funding at Council approved levels to purchase materials 25 DEPARTMENT: COMMUNITY SERVICES PROGRAM: LIBRARY SERVICES GOAL 3: DEVELOP AN ACCEPTABLE METHOD OF ACCOUNTING FOR OWNERSHIP AND APPROPRIATE TRANSFER OF FINES, FEES, AND LOST OR DAMAGED MATERIALS BETWEEN THE TEMECULA PUBLIC LIBRARY AND PARTNER LIBRARIES OBJECTIVES: - Work with Information Systems andLSSI to develop a method of identifying ownership of fines, fees, and lost or damaged materials - Determine an acceptable method of reporting fee collections - Establish a method to return and collect funds due each partner library on a regular basis Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-OS FY 2008-09 Increase library collections 0 0 0 2,000 Provide coffee cart services hours each week 0 0 44 30 26 DEPARTMENT: COMMUNITY SERVICES ITEM N~}. 24 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 10, 2008 SUBJECT: TCSD Proposed Rates and Charges for Fiscal Year 2008-2009 PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 2008- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B -RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C - PERIMETER LANDSCAPING AND SERVICE LEVEL D - REFUSE AND RECYCLING COLLECTION SERVICES FOR FISCAL YEAR 2008-2009 BACKGROUND: The purpose of the TCSD Rates and Charges is to provide necessary community services and programs to property owners within the City of Temecula. The Temecula Community Services District (TCSD) operates under the authority of Community Services District Law and its boundaries are the same as those of the City of Temecula. Property owners pay only for the TCSD services used or made available to their property through separate rates and charges on their property tax bill. The Community Services, Parks and Recreation and Service Level A Rates and Charges previously levied by the TCSD was replaced by the City's Parks/Lighting Services Special Tax, approved by the voters as Measure C on March 4, 1997. Although the TCSD continues to operate and maintain the parks and recreational facilities through a cooperative agreement with the City, the actual levy budget for the special tax is scheduled to be considered and approved by the City Council on June 10, 2008. As a result, the TCSD is currently comprised of the following four (4) remaining service levels: 1. Service Level B -Residential Street Lights. Operations, maintenance, utility costs and administration of residential street lighting. 2. Service Level C -Perimeter Landscaping. Operations, maintenance, utility costs, improvements and administration for all perimeter landscaping and slope maintenance areas maintained by the TCSD. 3. Service Level D -Refuse and Recycling Collection. Operation and administration of the refuse and recycling program for single family residential homes. 4. Service Level R -Road Maintenance. Operations, construction and maintenance of certain unpaved streets and roads in the City. Service Level B includes only those parcels within residential subdivisions that receive residential street lights services. The proposed rate of $25.68 per property owner has not been increased from last fiscal year. Service Level C includes only those parcels within residential subdivisions receiving TCSD perimeter landscaping and slope maintenance. The zones and rates are identified as follows Zane # 1 $116.00 Zane # 16 $175.00 Zone # 2 $ 89.00 Zone # 17 $ 46.00 Zone # 3 $116.00 Zone # 18 $ 70.00 Zane # 4 $ 46.00 Zone # 19 $225.00 Zone # 5 $175.00 Zone # 20 $175.00 Zone # 6 $ 95.00 Zone # 21 $129.00 Zone # 7 $ 89.00 Zone # 22 $116.00 Zone # 8 $175.00 Zone # 23 $ 20.00 Zone # 9 $ 46.00 Zone # 24 $100.00 Zane # 10 $116.00 Zane # 25 $200.00 Zone # 11 $175.00 Zone # 26 $270.00 Zone # 12 $116.00 Zone # 27 $ 70.00 Zone # 13 $ 46.00 Zone # 28 $129.00 Zone # 14 $ 89.00 Zone # 29 $339.00 Zone # 15 $175.00 Zone # 30 $129.00 Zane # 31 $ 27.96 The rate levels for Zones 29 and 31 are subject to a Consumer Price Index-Urban Consumers {CPI- U) annual inflator which was previously approved by the property owners. The rate level forZone 6 was increased by $6.00 as a result of the approval of properly owners in a March 2008 election. All other rate levels have not increased from last fiscal year. Zones 30 and 31 will not be assessed during the 2008-2009 fiscal year due to construction delays. Service Level D provides recycling and refuse services to all single-family residential properties in the City of Temecula. The Service Level D residential rate is contractually mandated to change based on CPI-U, #2 Diesel Fuel Index and Riverside County Tip Fee rate. The Fiscal Year 2007- 2008 rate was $210.24; as a result of the factors above the new rate for Fiscal Year 2008-2009 will be $218.52 which is an $8.28 annual increase from last fiscal year. The new rate for residential solid waste service was approved on May 27, 2008. Service Level R includes only those parcels which receive services for the maintenance of certain unpaved roads that become inaccessible after inclement weather. Service Level R provides service to two (2) different areas of the City. Zone R-1 provides service in the NicolaslLiefer Road area and Zone R-2 provided service in the Santiago Road area. Within fiscal year 2007-2008 the remaining portion of Santiago Road was paved and as a result TCSD will no longer need to assess properties in Zone R-2 for unpaved road maintenance. The rate for Zane R-1 is as follows and has not changed from last fiscal year. Improved Rate R-1: $115.26 Vacant Rate R-1: $ 57.64 Due to a large fund balance in Zone R-1; the property owners within this area will not be assessed far Service Level R in 2008-2009. Current fund balance will pay for all costs associated with providing unpaved road maintenance in the Nicolas/Liefer Road area. TCSDwill reviewtheamount in fund balance on an annual basis to determine when and if the parcels in Zone R-1 should be assessed in future years. As per Proposition 218 all property owners are required to be noticed as to the rates and charges that the TCSD will be assessing at least 45 days prior to the public hearing. Notices were mailed on April 23, 2008 calling for a June 10, 2008 public hearing. On April 22, 2008 the TCSD Board of Directors approved a Resolution of Intention that called forthe public hearing to be held on June 10, 2008. The levy and collection of the TCSD Rates and Charges is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 21080 (b)(8) of the California Public Resources Code and Section 15273 of the State Guidelines because the rates and charges are necessary to maintain existing services within the TCSD. FISCAL IMPACT: The total Levy Budget for Service Levels B, C and D for Fiscal Year 2008-2009 is $8,238,041.00. The revenue generated from the TCSD Rates and Charges will fund residential street lights; perimeter landscaping; refuse and recycling collection services; in the City of Temecula. ATTACHMENTS: 1. Resolution -Service Levels B, C and D RESOLUTION NO. CSD 2008- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B - RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C -PERIMETER LANDSCAPING, AND SERVICE LEVEL D -REFUSE AND RECYCLING COLLECTION SERVICES FOR FISCAL YEAR 2008-2009 THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District {"TCSD"}, to provide specified services to properties within its jurisdiction. Section 2. Pursuant to Government Code Section 61115, the TCSD has prescribed, revised and collected rates and charges for the services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes within the TCSD in the manner prescribed by Government Code Section 61115. By previous resolution, the TCSD proposed to continue such rates and charges for the operation, maintenance, service and administration of residential street lighting, perimeter landscaping, and recycling and refuse collection services for Fiscal Year 2008-2009. Section 3. Pursuant to Government Code Section 61115, the TCSD caused a written report {"Report"} to be prepared and filed with the Secretary of the TCSD, which Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2008-2009. The Report is based upon a budget adopted by the Board of Directors for the proposed services far specific areas where such services are provided, including necessary staff and administrative expenses. A summary of the Report containing the proposed rates and charges is attached hereto as Exhibit A, entitled "Project Summary", and incorporated herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available for public inspection. Section 4. By previous resolution, the Board of Directors acknowledged the filing of the Report, and appointed a time and place for a public hearing on the Report and the proposed rates and charges. Notice of the public hearing was mailed on April 23, 2008 calling far a public hearing on June 10, 2008. Notice was published as required by law and affidavits of publication and mailing are on file with the Secretary of the TCSD. Section 5. At the public hearing on June 10, 2008, the Board of Directors will hear and consider all oral and written objections, protests and comments by any interested person concerning the Report, the proposed rates and charges, and the method of collection of such rates and charges. Section 6. The Board of Directors hereby finds that, based on the Report and the District budget, the rates and charges as set out on Exhibit "A" do not exceed the reasonable cost of the services to be provided by the TCSD for Fiscal Year 2008-2009. Section 7. The Board of Directors hereby overrules any and all objections and protests and adopts the rates and charges far residential street lighting, perimeter landscaping, and refuse and recycling collection services for Fiscal Year 2008-2009 as set out on Exhibit A. Section 8. The TCSD shall collect such rates and charges at the same time and in the same manner and by the same persons as, together with and not separately from, the property taxes collected within the TCSD. These rates and charges shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such property taxes. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charge is levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if alien or a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection. Section 9. If a property owner subject to these rates and charges questions the classification of the owner's property for Fiscal Year 2008-2009, or claims that an error has been made with respect to the implantation of the rates and charges or the application of the rates and charges to the owner's property for that fiscal year, such property owner must appeal the levy by filing an appeal with the Secretary of the TCSD before 5:00 p.m. on December 1, 2008, pursuant to procedures established by the TCSD, in order to be considered under the appeal of classification or correction of errors program. Section 10. If a property owner subject to these rates and charges believes that payment of the rates and charges for Fiscal Year 2008-2009 would create a hardship for that property owner during that fiscal year, such property owner must appeal the levy by filing a hardship appeal with the TCSD Secretary before 5:00 p.m. on December 1, 2008, pursuant to procedures established by the TCSD, in order to be considered under the hardship appeal program. Section 11. The TCSD Secretary is hereby ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California before August 10, 2008, the Report and the property tax roll with such rates and charges enumerated for each parcel nat exempt there from; and the County Auditor is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of such rates and charges as shown on that roll and to perform any and all duties necessary therefore. Section 12. Pursuant to the California Environmental Quality Act, the levy and collection of these rates and charges is exempt from CEQA pursuant to California Public Resources Code Section 21080(b}{8} and Section 15273 of the State Guidelines because the rates and charges are necessary to maintain existing improvements within the TCSD. Section 13. The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 10th day of June, 2008. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City ClerklBoard Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 08- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 10th day of June, 2008, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVELS B, C AND D On January 1, 2006, MuniFinancial, Inc. was retained by the City of Temecula to prepare the Annual Levy Report for the Temecula Community Services District {TCSD} for the Fiscal Year 2008-2009. Pursuant to the Community Services District Law, Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 et seq., the TCSD has the power to levy and collect rates and charges in order to carry on its operations and to provide the services and facilities furnished by it. The levy and collection of the rates and charges is accomplished by the identification and description of each parcel within a specific service level. A Service Level is a defined area that provides a specific service, operation and maintenance andlor program to only those parcels contained within that service level, as follows: 1. Service Level B -Residential Street Lights. Operations, maintenance, utility costs and administration of all residential street lights. 2. Service Level C -Perimeter Landscaping. Operations, maintenance, utility costs, improvements, and administration for all perimeter landscaping and slope maintenance areas maintained by the TCSD. 3. Service Level D - Refuse and Recycling Services. Operations and administration costs of the refuse and recycling program for all residential homes. The Financial Analysis contained herein includes Service Levels B, C, and D with their total budgets for Fiscal Year 2008-2009 to be as follows: SERVICE LEVEL BUDGET PARCEL RATE LEVEL CHARGE Service Level B $ 834,389 Service Level C $1,708,275 NIA $ 25.68 Zone 1 $116. 00 Zone 2 $ 89. 00 Zone 3 $116. 00 Zone 4 $ 46. 00 Zone 5 $175. 00 Zone 6 $ 95. 00~~~ Zone 7 $ 89. 00 Zone 8 $175. 00 Zone 9 $ 46. 00 Zone 10 $116. 00 Zone 11 $175. 00 Zone 12 $116. 00 Zone 13 $ 46. 00 Zone 14 $ 89. 00 Zone 15 $175. 00 Zone 16 $175. 00 Zone 17 $ 46. 00 Zone 18 $ 70. 00 Zone 19 $225. 00 Zone 20 $175. 00 Zone 21 $129. 00 Zone 22 $116. 00 Zone 23 $ 20. 00 Zone 24 $100. 00 Zone 25 $200. 00 Zone 26 $270. 00 Zone 27 $ 70. 00 Zone 28 $129. 00 Zone 29 $339. 00 {z~ Zone 30 $129. 00 ~s~ Zone 31 $ 27. 96 ~z~, tsa ~~~ This rate increased by $6.00 as approved by property owners March 2008. ~z~ These rates are subject to CPI-U increase as approved by property owners. ~s~ These zones will not be assessed for FY 2008-2009 due to delay in construction and/or completion of project. Service Level D $5,695,377 $218.52 TOTAL TCSD BUDGET FOR SERVICE LEVELS B, C, AND D: $ 8,238,041 REDEVELOPMENT AGENCY ITEM N~}. 25 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MAY 27, 2008 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:38 p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Edwards, Naggar, Washington Roberts ABSENT: 1 AGENCY MEMBERS: Comerchero Also present were City Manager Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No public input. RDA CONSENT CALENDAR 30 Minutes RECOMMENDATION: 30.1 Approve the minutes of May 13, 2008. 31 Financial Statements far the Nine Months Ended March 31, 2008 RECOMMENDATION: 31.1 Receive and file the Financial Statements for the nine months ended March 31, 2008; 31.2 Approve an increase of $362,000 for the sale of the Black property to the City; 31.3 Approve an increase of $81,250 for project cost reimbursement in the Low Mod Fund; 31.4 Approve an increase of $600,000 for investment interest in the RDA CIP Fund; 31.5 Approve an increase of $450,000 for investment interest in the Debt Service Fund. R:\Minutes1052708 MOTION: Agency Member Edwards moved to approve the Consent Calendar. Agency Member Washington seconded the motion and electronic vote reflected approval with the exception of Agency Member Comerchero who was absent and Agency Member Washington who abstained on Item No. 30. RDA DEPARTMENTAL REPORT No reports at this time. RDA EXECUTIVE DIRECTORS REPORT No reports at this time. RDA AGENCY MEMBERS REPORTS No reports at this time. RDA ADJOURNMENT At 7:39 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, June 10, 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:\Minutes1052708 2 AGENCY BUSINESS ITEM N~}. 26 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Shawn D. Nelson, Executive Director DATE: June 10, 2008 SUBJECT: Review and Adoption of the FY 2008-09 Annual Operating Budget PREPARED BY: Genie Roberts, Director of Finance Jason Simpson, Assistant Finance Director RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. RDA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2008-09 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS BACKGROUND: The Temecula Redevelopment Agency (RDA) consists of three funds including, Low/Moderate Income Housing Fund, Capital Projects Fund, and Debt Service Fund. RDA Revenues Overall, a decrease of $15,930,780 in total RDA revenue is projected, primarily due to the issuance of the 2007 Tax Allocations Bonds in late 2007 for approximately $15 million and an increase of $525,000 in operating transfers in the capital projects fund. Gross property tax increment revenue is projected to increase by $427,923, which is a reflection of retail and industrial development in the project area. RDA Expenditures A summary of the significant items included in the proposed operating budget is as follows: Low/Moderate Income Housing • Funded $1,600,000 for aFirst-Time Homebuyers Program. Redevelopment • Included for the Facade Improvement Program is $80,000. Debt Service • A $737,687 increase is reflected in principal and interest expenditures {debt service payments) due to the issuance of the 2006 RDA Tax Allocation Bonds in December 2006 and the 2007 RDA Tax Allocations Bands in October 2007. FISCAL IMPACT: The proposed RDA operating budget reflects a spending plan that is balanced within projected revenues, and provides for various capital improvement projects. ATTACHMENTS: Resolution No. RDA 08- FY 2008-09 Proposed Annual Operating Budget -RDA RESOLUTION NO. RDA a8- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2aa8-as ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the FY 2008-09 RDA operating budget is hereby adopted. Section 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the Executive Director. C. The Agency Board must authorize transfers (appropriations} of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. The Agency Board must authorize any increase in regular personnel positions above the level indicated in the final budget. The Executive Director may authorize the hiring of temporary or part-time staff as necessary within the limits imposed by the controls listed above. E. The Executive Director may authorize expenditures of funds in amounts up to $30,000. Any expenditure of funds in excess of $30,000 requires Agency Board action. F. The Executive Director may authorize Public Works contracts in amounts up to $30,000. Any expenditure of Public Work funds in excess of $30,000 require Agency Board action, except that the Executive Director may approve change orders on Public Works contracts approved by the Agency Board in amounts up to project contingency established by the Agency Board. G. Pursuant to Section 3.28.130 of the Municipal Code, the Executive Director may authorize purchases of supplies and equipment in amounts up to $30,000. Any purchases of supplies and equipment in excess of $30,000 shall be awarded to the lowest responsible bidder pursuant to formal bid procedures and require Agency Board action, except that the Executive Director may approve change orders on purchases of supplies and equipment approved by the Agency Board in amounts up to contingency established by Agency Board. H. Pursuant to Section 3.28.250 of the Municipal Code, purchases of supplies and equipment of an estimated value of $30,000 or less, may be made by the purchasing agent in the open market pursuant to the procedure prescribed in Sections 3.28.260 through 3.28.280 and without observing the procedure prescribed in Sections 3.28.130 through 3.28.240; provided, however, that all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of $5,000 or less. Section 3. Outstanding encumbrances shown on the Agency books at June 30, 2008, are hereby appropriated for such contracts ar obligations far FY 2008-09. Section 4. The Agency hereby finds and determines that the planning and administrative expenses to be paid from Low and Moderate Income Housing Fund for each redevelopment project are necessary far the production, improvement or preservation of low and moderate income housing and are not disproportionate to the amounts budgeted for the costs of production, improvement or preservation of that housing. Section 5. There are numerous occasions when small dollar valued purchases must be made for or on behalf of the Agency; and it is appropriate that a petty cash fund be used to provide for the purchase of these smaller dollar valued items; now, therefore, the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula does hereby resolve, determine, and order as follows: A. There is hereby established a renewable petty cash fund to be maintained in the Finance Department. B. The imprest balance amount of the petty cash fund shall be $3,000. C. Vouchers, receipts, or other evidence of payment shall be required before reimbursement shall be made from said petty cash fund, in such form as shall be required by Director of Finance. Section 6. The Agency Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula this 10th day of June, 2008. Maryann Edwards,Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City ClerklBoard Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 08- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 10th day of June, 2008, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary ~~,Y o~ "C~M~CULA .n..,~..~. PROPOSED ANNUAL OPERATING BUDGET FISCAL YEAR 2008.2009 REDEVELOPMENT AGENCY (RDA) CITY COUNCIL MEETING .TUNE 14, coos SUMMARY OF REDEVELOPMENT AGENCY FUNDS 2006-07 2007-08 2008-09 Proposed Audited Revised Preliminary Increase Actuals Budget Budget (Decrease) Total Revenues by Fund: Low/Moderate Income Housing 6,610,935 4,412,598 4,406,199 (6,399) Redevelopment 20,903,231 3,408,318 73,000 (3,335,318) Debt Service 13,489,336 27,607,404 15,018,341 (12,589,063) Total Revenues 41,003,502 35,428,320 19,497,540 (15,930,780) Total Non-CIP Expenditures by Fund: Low/Moderate Income Housing 552,184 831,537 2,717,426 1,885,889 Redevelopment 765,873 825,265 927,548 102,283 Debt Service 11,605,961 13,726,570 24,924,492 11,197,922 Total Expenditures 12,924,018 15,383,373 28,569,466 13,186,093 Excess of Revenues Over (Under) Expenditures 28,079,484 20,044,948 (9,071,926) ~ (29,116,874) Other Financing Sources: Transfers In 2,600,000 - 525,000 525,000 Transfers Out (2,600,000) (525,000) (525,000) CIP Program Budget (165) * (3,488,305) (8,978,946) (9,555,000) (576,054) CIP Program (280) * (147,993) (1,520,953) (20,125,049) (18,604,096) Excess of Revenues and Other Rnancing Sources Over (Under) Expenditures 24,443,186 9,545,049 (38,751,975) (48,297,024) Fund Balances, Beg. of Year 16,134,665 40,577,851 50,122,900 Fund Balances, End of Year 40,577,851 50,122,900 11,370,925 *Note: Programmed in the CIP Budget 2 SUMMARY OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FY 2008-09-PROPOSED ANNUAL OPERATING BUDGET L0INIMODERATE HOUSING FUND 2006-07 2007-08 2008-09 Proposed Audited Revised Preliminary Increase Increase Acbaals Budget Budget (Decrease) (Decrease) Tonal Revenues 6,610,935 4,412,598 4,406,199 (6,399) 0% Total Expendibares 552,184 831,537 2,717,426 1,885,889 227% Excess of Revenues Over (Under) Expendibares 6,058,751 3,581,061 1,688,773 (1,892,288) -53% Capital Projects * 3,488,305 8,978,946 9,555,000 576,054 6% Excess of Revenues Over (Under) Expendibares and Operating Transfers Out 2,570,446 (5,397,885) (7,866,227) (2,468,342) Fund Balance, Beg. of Year 13,920,799 16,491,245 11,093,360 Fund Balance, End of Year 16,491,245 11,093,360 3,227,133 'W~lote: Programmed in tfle CIP Budget RDA DEBT SERVICE FUND 2006-07 2007-08 2008-09 Proposed Audited Revised Preliminary Increase Increase Acbaals Budget Budget (Decrease) (Decrease) Tonal Revenues 13,489,336 27,607,404 15,018,341 (12,589,063) -46% Total Expendibares 11,605,961 13,726,570 24,924,492 11,197,922 82% Excess of Revenues Over (Under) Expendibares 1,883,375 13,880,834 (9,906,151) (23,786,985) -171% Operating Transfers Out (2,600,000) - (525,000) (525,000) 0% Excess of Revenues Over (Under) Expendibares and Operating Transfers Out (716,625) 13,880,834 (10,431,151) (24,311,985) Fund Balance, Beg. of Year 1,437, 285 720,660 14,601, 493 Fund Balance, End of Year 720 ,660 14,601,493 4,170 ,342 3 SUMMARY OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FY 2008-09-PROPOSED ANNUAL OPERATING BUDGET RDA CAPITAL PROJECTS FUND 2006-07 2007-08 2008-09 Propo~d Audited Revised Preliminary Inceease Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 20,903,231 3,408,318 73,000 (3,335,318) -98% Total Expenditures 765,873 825,265 927,548 102,283 12% Excess of Revenues Over (Under) Expenditures 20,137,358 2,583,053 (854,548) (3,437,601) -133% Operating Transfers In 2,600,000 - 525,000 525,000 100% Operating Transfers Out to CIP (147,993) (1,520,953) (20,125,049) (18,604,096) 1223% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out 22,589,365 1,062,100 (20,454,597) (21,516,697) Fund Balance, Beg. of Year 776,581 23,365,946 24,428,046 Fund Balance, End of Year 23,365,946 24,428,046 3,973,449 4 SUMMARY OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FY 2008-09-PROPOSED ANNUAL OPERATING BUDGET REVENUES BY FUND Actual Actual Estimated Preliminary FY2005-06 FY2006-07 FY2007-08 FY2008-09 I.ow/Moderate Income Set Aside $ 3,645,732 $ 6,610,935 $ 4,412,598 $ 4,406,199 Redevelopment* 71,234 23,503,231 3,408,318 598,000 Debt Service 12,427,249 13,489,336 27,607,404 15,01$341 Total $ 16,144,215 $ 43,603,502 $ 35,428,320 $ 20,022,540 *Does include operating transfers from Debt Service Fund of $525,000. FC3UR~YEAR COMPARISON $aa $a2 $ao $38 $36 $34 $32 $30 $28 $26 $24 >22 >20 ~ >18 >16 >14 >12 $10 $8 $6 $4 $2 $0 5 Actual Actual Estimated Preliminary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 EXPENDITURE SUMMARY BY CATEGORY Operations Capital Fond Personnel & Maintenance Ouflay Total Low/Moderate Income Set Aside $ 523,753 $ 2,193,673 $ - $ 2,717,426 Redevelopment 177,966 749,582 - 927,548 Debt Selvice* - 24,924,492 - 24,924,492 Total $ 701,719 $ 27,867,747 $ - $ 28,569,466 *Debt Service does include a $525,000 operating transfer to the Redevelopment Fund. RDA EXPENDITURE SUMMARY LowI1VIoD HouslNo X2,7 i 7_a2a REDEVELOPMENT $927,~~L8 DEBT SERVICE $2~,92~,~L92 6 RDA DIRECTOR OF HOUSING / REDEVELOPMENT John Meyer HOUSING REDEVELOPMENT " 'Affordalile Housing ~ ~; " " " " "" " " " "' Compliance Processing; ~ Capital Projects :....and MolInitoring....• ..........L........., :........ I • ..........1........., Residential ~ Old Town Specific Plan ' : Improvemelnt Programs; .. . L : Implemlentation ... 1 ........ ........., Land Acquisition I ........ ........., : Community Liaison .......... ........., Affordable Housing ' Project Development COMPARATNE SUMMARY BY FUND Program: Low/Moderate Income Housing Set Aside Funding Source: Tax Increment Actual Actual Budgeted Preliminary ExpenditureSimunary FY2005-06 FY2006-07 FY2007-OS FY 2008-09 Personnel $ 291,829 $ 286,301 $ 326,377 $ 523,753 Operations & Maintenance 308,695 265,883 505,161 2,193,673 Capital Outlay/Capital Projects*`+' 3,508,745 3,488,305 8,978,945 9,555,000 $ 4,109,269 $ 4,040,489 $ 9,810,483 $ 12,272,426 Program Redevelopment Fu nding Source: Tax Increment Actual Actual Budgeted Preliminary Expenditure Summary FY2005-06 FY2006-07 FY2007-OS FY2008-09 Personnel $ 128,827 $ 147,768 $ 135,046 $ 177,966 Operations & Maintenance 1,323,005 618,105 690,219 749,582 Capital Outlay - - - - $ 1,451,832 $ 765,873 $ 825,265 $ 927,548 Program Debt Service'" Fu nding Source: Tax Increment Actual Actual Budgeted Preliminary Expenditure Summary FY2005-06 FY2006-07 FY2007-OS FY2008-09 Personnel Operations & Maintenance $10,641,265 $ 11,605,960 $ 13,726,570 $ 24,924,492 Capital Outlay - - - - Operating Transfer Out - - - - $10,641,265 $ 11,605,960 $ 13,726,570 $ 24,924,492 *Does include $525,000 operating transferto the Redevelopment Fund * *The is Programmed in the CIP Budget Document. 8 AUTHOF~1ZELl POSITIONS Authorized Authorized Personnel Allocation 2007-08 Chz~-ges 2008-09 LOW/MOD HOUSING Administrative Assistant 0.50 0.50 1.00 Director of Housing/Redevelopment 0.75 0.25 1.00 Assistant City Manager 0.00 0.20 0.20 Senior Planner 0.00 1.00 1.00 Management Analyst 0.75 (0.75) 0.00 2.00 1.20 3.20 l2FDEVl3.OPMENT Administrative Assistant 0.50 (0.50) 0.00 Deputy Planning Director 0.00 0.25 0.25 Director of Housing/Redevelopment 0.25 (0.25) 0.00 Management Analyst 0.25 0.75 1.00 Total 1.00 0.25 1.25 Department Total 3.00 1.45 4.45 9 PROGRAM: HOUSING MISSION: The Housing Program is responsible for the development, rehabilitation and preservation of affordable housing, removing blight, and promoting economic revitalization in the redevelopment project area. 2007-200$ ACCOMPLISHNIENTS: ^ Dalton III Mixed Use Affordable Housing Project ^ Worked with Highland Companies to Acquire Oaktree Apartments ^ Residential Improvement Program ^ Monitored of Agency Assisted Developments ^ Habitat for Humanity GOAL 1: PROVIDE QUALITY HOUSING OPPORTUNITIES FOR LOi~t~ AND A'IODERATE INCOME FAMII,IES AND TO EXPAND THEIR AVAILABII,ITY OBJECTIVES: - Prepare Housing Strategic Plan - Ensure compliance with State Redevelopment Law - Monitor existing affordable housing covenants - Administer the First Time Homebuyer and Residential Improvement Program - Acquire land and develop projects to support new affordable housing opportunities - Encourage private investment in the expansion of affordable housing - Partner with non-profit and for-profit developers to construct affordable family and senior housing PERFORMANCE MEASURES: Number of additional affordable housing units provided Number of affordable housing units rehabilitated Number of first time homebuyers assisted Number of employee relocation homebuyers assisted Number of specialized homebuyer programs Projected FY 2006-07 Actual FY 2006-07 Projected FY 2007-0$ Projected FY 20009 79 24 88 2 55 29 30 65 0 0 2 25 0 0 0 0 0 0 0 0 10 DEPARTMEI~IT: REDEYELOPMEI~IT ACEIVCY PROGRAM: REDEVELOPMENT MISSION: The Redevelopment Program is responsible for stimulating the development and revitalization of the Redevelopment Project Area with an emphasis in the Old Town Historical District. 2007-2008 ACCOMPLISHMENTS: ^ Town Square Marketplace RFI Selection of Development Partner ^ Old Town Promotions Advisory working group ^ Farmers Market License Agreement Renewal ^ O1dTown Visioning Process ^ Funded of the Old Town Infrastructure Improvements and Parking Structure. ^ Facade Improvement Program GOAL 1: IMPLEMENT THE OLD TOWN SPECIFIC PLAN OBJECTIVES: - Work with Old Town merchants, property owners, civic groups and the development community to stimulate private investments in Old Town. - Develop projects that will revitalize Old Town economy and assist in the private rehabilitation of buildings in Old Town - Promote and encourage participation in the Facade Improvement Program - Rea•uit new businesses to open in Old Town Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-0$ FY 2008-09 Number of facade improvement projects 15 8 15 15 completed Number of historical structures assisted 1 1 1 1 Number of redevelopment projects negotiated 1 0 1 1 and completed 11 DEPARTMEI~IT: REDEYELOPMEI~IT ACEIVCY THE ~ ~~ ~ ~U~ ~'1~'~% .r_~~, ~ ~ -- LLL LLL INC. 1989 \/ - - - °C)Li) TftAUi"EIUNS~ Nl:w (~PIK)RfUNii'IF.5" 12 ITEM N~}. 27 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Shawn D. Nelson, Executive Director DATE: June 10, 2008 SUBJECT: Review and Adoption of the FY 2009-13 Capital Improvement Budget for the Redevelopment Agency (RDA) PREPARED BY: Genie Roberts, Director of Finance Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. RDA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2009-13 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2008-09 BACKGROUND: The Capital Improvement Program (CIP) is the City's plan for providing public improvements which exceed $30,000 in cost, have long-term life spans, and are nonrecurring. The proposed CIP document serves as a planning tool for the coordination of financing and scheduling of all capital improvement projects over the next five years. On May 21, 2008, the City Council held a workshop to review and discuss the proposed CIP. A presentation was provided to the City Council on an overview of the Capital Improvement Program. City Council Members and staff discussed in detail several projects within the CIP. Costs: The total Redevelopment Agency cost as identified in the CIP is $47,345,912, which includes ten RDA projects of which 4 are RDA Housing Projects. A total cost of $33,104,557 is programmed in FY 2008-09 CIP for primarily the Old Town Infrastructure projects. Revenue Projected revenue from the RDA and RDA Housing sources far the Five Year RDA Capital Improvement Program is $45,829,947. Through the five-year program, there is adequate funding for all proposed projects. FISCAL IMPACT: The adoption of the FY 2009-13 Five Year Capital Improvement Program establishes the project appropriations for FY 2008-09. Projects which do not have sufficient funds within the funding source will not proceed until the funding has been secured. ATTACHMENTS: Resolution No. RDA 08- Proposed Capital Improvement Program Fiscal Years 2009-13 (please refer to the attachment to the City Manager/City Council Agenda Report) RESOLUTION NO. RDA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2009-13 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2048-09 THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of this Program is categorically exempt from environmental review under the California Environmental Quality Act {CEQA). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible future actions, which actions the Agency Board has not approved, adopted, or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the Agency Board has considered relevant environmental factors. This Agency Board, as the lead agency for environmental review, pursuant to the California Environmental Quality Act and the Guidelines promulgated thereunder (collectively "CEQA), has reviewed the scope and nature of this Capital Improvement Program and has concluded that the planning and prioritization process comprising this activity is not a project pursuant to CEQA because it does not order or authorize the commencement of any physical or other activity that would directly or indirectly have a significant effect upon the environment. The Capital Improvement Program merely establishes a listing of priority and allocates funds for the City to commence the necessary planning studies, including review pursuant to CEQA, at a future unspecified date. The future planning studies will be conducted at the earliest possible time so as to ensure thorough review pursuant to CEQA. Recognizing that the protection of the environment is a key factor in the quality of life within the City of Temecula and to further the City's strict adherence to both the spirit and letter of the law as regards to CEQA, this Agency Board has also considered this Capital Improvement Program as if it were a Project pursuant to CEQA. Reviewing this Program as an Project, this Agency Board concludes the Project would be exempt from review under CEQA, both pursuant to Section 15061 (b}(3} and to the categorical exemption set forth in Section 15262 of CEQA. Section 15061 {b)(3} would apply because it can be seen with certainty that this prioritizing and fund allocation program cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required CEQA review is conducted at the time the physical improvements prioritized in the Program are undertaken. Section 15262 provides a categorical exemption to actions that are feasibility ar planning studies related to possible future actions. This Agency Board is aware of and has considered the current and relevant environmental factors as an integral component of the review of this Program. This Agency Board, as lead agency, hereby determines and decides that the exemption provided in both Sections 15061 {b)(3) and 15262 apply in the event this is deemed a Project pursuant to CEQA. Section 2. On May 21, 2008, the Planning Commission found the Capital Improvement Program consistent with the General Plan in accordance with Government Code Section 65401 of State Planning and Zoning Law. Section 3. That certain document now on file in the office of the City Clerk of the City of Temecula, entitled "City of Temecula Capital Improvement Program FY 2009-13" included herein appropriations far FY 2008-09, is hereby adopted. The CIP appropriations for the FY 2007-08 which have not been completed, encumbered, nor included in the FY 2009-13 CIP, are hereby carried over for each applicable project to the FY 2008-09. Certain Development Impact Fees from future revenue may be used to replace the expenditure of current capital reserve funds in the CIP. Section 4. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditures of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Executive Director may authorize expenditures of funds in amounts up to $30,000. Any expenditure of funds in excess of $30,000 requires Agency Board action. C. The Executive Director may approve change orders on Public Works contracts in amounts up to $30,000, if sufficient appropriated funds are available. D. The Executive Director may authorize transfers up to $30,000 between approved Capital Improvement Program projects. E. Notwithstanding Section 4.B. above, pursuant to Section 3.32.050 of the Municipal Code, the Executive Director may authorize Public Works contracts in amounts up to $30,000. Any expenditures of Public Works funds in excess of $30,000 require Agency Board action, except that the Executive Director may approve change orders on Public Works contracts approved by the Agency Board in amounts up to project contingency established by Agency Board. Section 5. Certification: The Secretary shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula this 10th day of June, 2008. Ron Roberts,Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City ClerklBoard Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 08- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 10th day of June, 2008, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary COUNCIL BUSINESS ITEM N~}. 28 Approvals ~ City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn Nelson, City Manager DATE: June 10, 2008 SUBJECT: Review and Adoption of the FY 2008-09 Annual Operating Budget PREPARED BY: Genie Roberts, Director of Finance Jason Simpson, Assistant Finance Director RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2008-09 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 2 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 3 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2008-09 DISCUSSION: Attached is the proposed FY 2008-09 Annual Operating Budget. The budget includes revenue projections and expenditure requests forthe General Fund, Gas Tax Fund, Law Enforcement Grant Fund, City COP Debt Service Fund, Internal Service Funds, and Community Development Block Grant Fund. The City of Temecula remains in a healthy financial condition. Based upon the Finance Department's revised estimate of revenues and expenditures for the current fiscal year, it appears that most revenue estimates as adjusted at Mid-Year Budget Review will be met, and while the City is anticipating that actual expenditures will be less than the budgeted appropriation amounts, the Finance Department is estimating about $2 million in savings at this time due to cost savings in Public Safety and in light of the recent decline in growth and the current economic state far our City and region. On May 21, 2008, the City Council held a workshop to review and discuss the proposed operating budgets. At that time, the City Council requested one modification to the budgets, which requested adding $3,250 for partial year funding of the Economic Development Agency (EDA). Current Conditions-State of California May Revision Budget In November 2004, voters overwhelmingly passed Proposition 1A, which was a constitutional amendment that would guarantee revenue stability and mandate reform for local governments. This State budget proposes the difficult but necessary steps needed to bring the state's chronic structural deficit under control, not only for this fiscal year but permanently. This is accomplished by (1) imposing strict spending restraint in the current and future budget years while protecting and preserving essential state services, and {2) proposing a Constitutional Amendment to reform the budget process so that state government has the tools needed to avoid spending more than it has in the future. The May Revise to the Governor's Budget reflects a $24.3 billion budget gap. This gap has increased from $14.5 billion in January 2008 primarily as a result of a $6 billion decrease in general fund revenues. Other factors include increased program costs, higher estimates of growth and cost of living adjustments, and erosion of savings due to delays in the adoption of reduction proposals. In orderto close the $24.3 billion budget gap, the proposed Governor's Budget includes 10-percent across-the-board reductions to all General Fund departments and programs, Boards, Commissions, and elected offices, including the legislative and judicial branches, exceptwhere such a reduction is in conflict with the state constitution or impractical. This statewide across-the-board reduction approach touches nearly every General Fund program in every department within each branch of state government. While these reductions present numerous challenges to implement, this across- the-board reduction approach is designed to protect essential services by spreading reductions as evenly as possible so that no single program is singled out for severe reductions. These reductions amount to approximately $12.5 billion and, in addition, there are proposed revenue increases of $11.7 billion to address the state budget gap. At this time there does not appear to be any direct impact to the City Budget but staff will continue to monitor the status. General Fund Revenues The projected General Fund revenues are $63.9 million for fiscal year 2008-09, which reflects a $401,087 or .6% increase from FY 2007-08 revenue estimates. The increases are primarily due to the population and development growth in the City. Some of the significant increases are summarized as follows: • $1,143,000 in Indian Gaming MOU (formerlyTASINISB621) • $308,000 in Transient Occupancy Tax • $266,399 in Motor Vehicle In Lieu • $260,327 in Planning User Fees • $112,000 in Parking Citations The increases were offset by other categories due to the projected downturn in the economy and a reduction of development activity within the City. This downturn is not unique to the City, but is indicative of the current status of the economythroughoutColifornia and the United States. Some of the significant decreases are summarized below: • $704,526 reduction in Investment income • $412,553 reduction in Building Permit Fees • $415,481 reduction in Land Development Fees • $128,996 reduction in Fire Permit and Inspection Fees The City is maintaining sales tax and property tax levels consistent with FY2 007-08. Staff does not anticipate a drop in the revenues due to new commercial development and expansions for large existing companies despite the decline in residential development and housing values. General Fund Expenditures The proposed budget of $62.9 million reflects an increase in General Fund expenditures of $661,575 or 1.1 % from the fiscal year 2007-08 budget. The primary increases affecting the General Fund include: 1) An increase in the "REST" contribution; 2) funding of $90,000 for the upcoming election; 3) Police contract costs due to contract rate increases; and, 4) a tentative MOU adjustment. There are no new positions or project position conversions programmed for FY 2008-09. In addition, staff eliminated a vacant Senior Building Inspector position reducing the FTE count by 1 to 209.75. During each budget cycle, the City Manager's Office reviews the organizational structure of each department to ensure that employees are performing work that is appropriate for the needs of the department and in accordance with the City's classification plan. A summary of the eight (8} proposed position upgrades is as follows: Department Proposed Position Current Position Planning Planning Planning Building Support Services TCSD Finance Economic Develop Deputy Planning Director Community Dev. Coordinator Community Dev. Technician Plan Check Coordinator Central Services Supervisor Sr. Recreation Coordinator Purchasing Coordinator II Management Analyst Principal Planner Community Dev. Technician Office Specialist Plan Checker Central Services Coordinator Recreation Coordinator Purchasing Coordinator Marketing Coordinator In addition to the reclassifications reflected above, the City has delayed filling eight (8) currently vacant positions resulting in additional savings of $852,195. The status of the vacant positions will be re-evaluated in twelve months when staff is better able to determine whether the current decline in development activity within the City has stabilized or is increasing. Furthermore, the City has elected to under-fill two positions resulting in $89,450 in savings. The proposed budget continues the City's practice of relying on project or temporary help to meet short-term needs. Included in the proposed budget is approximately $589,983 in project and temporary help costs in the General Fund, which represents 3.7% of the City's total General Fund personnel cost budget. The following is a summaryof significant items by department in the Proposed FY 2008-09 Preliminary Operating Budget: City Council • No significant changes. Community Support • No significant changes. City Manager • Includes $34,000 for Quarterly Newsletter as part of the Temecula Outreach Program. City Clerk • Includes $90,000 for upcoming election costs. Finance • Includes $75,000 for a Development Impact Fee Study and $50,000 for a User Fee Study. PlanninglCode EnforcementlBuilding and Safety • Includes $500,000 for Circulation Update ($400,000 allocated in Planning and $100,000 allocated in RDA) • Reflects organization restructuring involving moving Code Enforcement from Planning to Building and Safety as well as other staffing movements from Building and Safety to Planning. Furthermore, staffing levels in Planning were reallocated for support provided to the Redevelopment Agency. • Includes a decrease of $156,000 in Temp Help for outside inspections. Public Works • Includes $825,217 in Proposition 1 B funding far Street related expenditures. Police • Includes a $1,099,719 increase over fiscal year 2007-08 due to a 5°fo increase in contract costs based on estimates from the County Contracts Department. • Includes a significant change in the Extra Duty patrol rate in order to capture the full cost of supervising extra duty operations. • One existing patrol Officer will be converted to a new K9 position. • Purchase of a commercial enforcement vehicle, with the goal of increasing the enforcement of commercial vehicle permits throughout Temecula. • The City's ratio of one sworn officer per thousand residents will be exceeded by ten officers and, as a result, the City's sworn officer ratio will be one officer for every 910 residents. • Includes continued funding to support the Community Action Patrol ("CAP")Program which would utilize citizen volunteers to perform certain functions. Fire • Includes funding of $520,246 for the addition of Fire Station 95, Roripaugh Ranch scheduled to open mid-year. • Reflects continued funding for 4.0 staffing on Engines. • Reduction in contract services for Inspection and Plan Check services. Non-Departmental • The "REST" Program contribution to the TCSD Citywide Fund is proposed to be increased by $203,406, from $6,118,839 to $6,322,245. • The "REST" Program contribution to the TCSD Service Level B Fund (Street Lighting} is $147,241. • The "REST" Program contribution to the Temecula Public Library on Pauba Road is proposed to be decreased by $67,145 from $1,478,005 to $1,410,860. • Debt Service of $1,111,916 for the 2007 Certificates of Participation (bonds) • GASB 45 ARC (Annually Required Contribution) Payment of $253,000 to CERBT at CalPers. The following schedule identifies the Revenue Excess Sharing for Temecula ("REST") Program for the past ten (10) years: PERIOD AMOUNT FY1999- 2000 $ 1,366,000 FY2000- 2001 1,729,000 FY2001- 2002 2,117,000 FY2002- 2003 2,478,210 FY2003- 2004 3,117,275 FY2004- 2005 3,725,200 FY2005- 2006 4,850,200 FY2006- 2007 6,828,854 FY2007- 2008 7,492,086 FY2008- 2009 7,880,346 10 Year Total $ 41,584,171 Operating Transfers Out • A $23,699,881 transfer to the Capital Improvement Program is proposed. "Gann" Appropriations Limit In accordance with Government Section 7910, the City Council is required, on an annual basis, to adopt by resolution the "Gann" Appropriations Limit. The Appropriations Limit creates a restriction on the amount of revenue that can be appropriated in any fiscal year. The Limit is increased each year based on the growth of population, inflation, and non-residential assessed valuation. Using population data provided by the State Department of Finance and assessed valuation information provided by the City's property tax consultant HdL, Coren & Cone, the City's Appropriations Limit for FY 2008-09 has been computed to be $93,024,423. Appropriations subject to the Limit in the proposed FY 2008-09 budget total $25,905,405, which is $67,119,018 less than the computed limit. Additional appropriations to the budget are funded by non-tax sources such as service charges, restricted revenues from other agencies, grants, or beginning fund balances would be unaffected by the Appropriations Limit, however, any supplemental appropriations funded through increased tax sources could not exceed the $67,119,018 variance indicated above. Further, any overall actual receipts from tax sources greater than $67,119,018 from the budget estimates will result in proceeds from taxes in excess of the City's Appropriations Limit, requiring refunds of the excess within the next two fiscal years, or voter approval to increase the City's Appropriations Limit. FISCAL IMPACT: The proposed FY 2008-09 budget provides for an excess of revenues over expenditures, before operating transfers, in the amount of $1,067,783, and the Designation for Economic Uncertainties increased to $12.6 million, an amount equal to 20% of General Fund Appropriations. ATTACHMENTS: Resolution No. 08- Resolution No. 08- Resolution No. 08- FY 2008-09 Proposed Annual Operating Budget RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2008-09 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City of Temecula Annual Operating Budget FY 2008-09" is hereby adopted. Section 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the City Manager. C. The City Council must authorize transfers {appropriations} of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. The City Council must authorize any changes to the Schedule of Authorized Positions. E. The City Manager may authorize expenditures of funds in amounts up to $30,000. Any expenditure of funds in excess of $30,000 requires City Council action. F. Pursuant to Section 3.32.050 of the Municipal Code, the City Manager may authorize Public Works contracts in amounts up to $30,000. Any expenditure of Public Works funds in excess of $30,000 require City Council action, except that the City Manager may approve change orders on Public Works contracts approved by the Council in amounts up to project contingency established by Council. G. Pursuant to Section 3.28.130 of the Municipal Code, the City Manager may authorize purchases of supplies and equipment in amounts up to $30,000. Any purchases of supplies and equipment in excess of $30,000 shall be awarded to the lowest responsible bidder pursuant to formal bid procedures and require City Council action, except that the City Manager may approve change orders on purchases of supplies and equipment approved by the Council in amounts up to contingency established by Council. H. Pursuant to Section 3.28.250 of the Municipal Code, purchases of supplies and equipment of an estimated value of $30,000 or less, may be made by the purchasing agent in the open market pursuant to the procedure prescribed in Sections 3.28.260 through 3.28.280 and without observing the procedure prescribed in Sections 3.28.130 through 3.28.240; provided, however, that all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of $5,000 or less. Section 3. Outstanding encumbrances shown an the City books at June 30, 2008, are hereby appropriated for such contracts or obligations for FY 2008-09. Section 4. There are numerous occasions when small dollar valued purchases must be made for or an behalf of the City; and it is appropriate that a petty cash fund be used to provide far the purchase of these smaller dollar valued items; now, therefore, the City Council of the City of Temecula does hereby resolve, determine, and order as follows: A. There is hereby established a renewable petty cash fund to be maintained in the Finance Department. B. The imprest balance amount of the petty cash fund shall be $3,000. C. Vouchers, receipts, or other evidence of payment shall be required before reimbursement shall be made from said petty cash fund, in such form as shall be required by Director of Finance. Section 5. The City Clerk shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2448. Michael S. 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. 48- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2448, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RESOLUTION NO. a8- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Schedule of Authorized Positions, attached hereto as Exhibit A, is hereby adopted pursuant to Section 45001 of the California Government Code. Such list is attached to this Resolution and incorporated herein by this reference. Section 2. The Schedule of Authorized Positions shall become effective July 1, 2008, and may be, thereafter, amended. Section 3. The City Manager shall implement the attached Schedule of Authorized Positions and has the authority to select and appoint employees in accordance with the City's personnel policies. Section 4. All prior resolutions and parts of this resolution in conflict with this Resolution are hereby rescinded. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of June, 2008. Michael S. 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 10th day of June, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT A SCHEDULE OF AUTHORIZED POSITIONS City of Temecula, California - FY2008-09 Authorized Count Building & Safet ADMINISTRATIVE ASSISTANT 1.00 BUILDING INSPECTOR II 7.00 BUILDING INSPECTOR III 1.00 CODE ENFORCEMENT OFFICER 2.00 CODE ENFORCEMENT OFFICER II 2.00 DEPUTY DIRECTOR, BLDG/SAFETY 1.00 DIRECTOR, BUILDING & SAFETY 1.00 OFFICE ASSISTANT 2.00 OFFICE SPECIALIST 1.00 PLAN CHECK COORDINATOR 1.00 SENIOR OFFICE SPECIALIST 2.00 Building & Safety Subtotals: 21.00 City Clerk ADMINISTRATIVE ASSISTANT CENTRAL SERVICES SUPERVISOR CITY CLERK/DIR OF SUPPORT SERV DEPUTY DIR OF SUPPORT SERVICES MINUTE CLERK OFFICE ASSISTANT OFFICE ASSISTANT - AM OFFICE ASSISTANT - PM OFFICE SPECIALIST RECORDS MANAGER City Council Exemptl Minimum Maximum NonExempt 3,411.18 4,366.16 NE 4,300.46 5,504.85 NE 4,654.48 5,958.62 NE 4,120.42 5,274.92 NE 4,534.05 5,802.90 NE 6,467.13 8,27$.56 E 8,085.14 10,347.90 E 2,385.64 3,053.52 NE 2,572.99 3,293.18 NE 4,943.87 6,368.27 NE 2,935.51 3, 7 57.89 NE 1.00 3,411.18 4,366.16 NE 1.00 3,428.69 4,416.53 NE 1.00 8,085.14 10,347.90 E 1.00 6,216.53 7,959.83 E 1.00 3,411.18 4,366.16 NE 1.00 2,385.64 3,053.52 NE 0.50 2,385.64 3,053.52 NE 0.50 2,385.64 3,053.52 NE 2.00 2,572.99 3,293.18 NE 1.00 4,456.36 5,740.28 E City Clerk Subtotals: COUNCILMEMBER 5.00 City Council Subtotals: City Mana~erlHuman Resources ADMINISTRATIVE ASSISTANT (CM) 1.00 ASSISTANT CITY MANAGER 1.00 ASSOCIATE PLANNER (ECON.DEV) 1.00 CITY MANAGER 1.00 DEPUTY CITY MANAGER 1.00 EXECUTIVE ASSISTANT 1.00 HUMAN RESOURCES ANALYST 1.00 MANAGEMENT ANALYST 1.00 OFFICE SPECIALIST - HR 1.00 SENIOR HR ANALYST 1.00 SENIOR IvIANAGEMENT ANALYST 1.00 City ManagerlHmnan Resources Subtotals: 10.00 5.00 11.00 0.00 860.00 E 3,411.18 4,366.16 NE 10,936.70 13,999.95 E 5,006.07 6,406.31 NE 0.00 23,127.38 E 10,822.33 13,852.75 E 4,507.29 5,770.06 E 4,959.84 6,347.91 E 5,454.98 6,984.16 E 2,572.99 3,293.18 NE 5,454.98 6,984.16 E 6,025.53 7,714.08 E EXHIBIT A SCHEDULE OF AUTHORIZED POSITIONS City of Temecula, California - FY2008-09 Comm~.uiity Services ADMINISTRATIVE ASSISTANT AQUATICS SUPERVISOR CULTURAL ARTS ADMINISTRATOR CUSTODIAN DEPUTY DIR. OF COMMUNITY SVCS DEVELOPMENT SV"CS ADMINISTRATOR DIRECTOR OF COMMUNITY SERVICES FACILITY SERVICES MANAGER HUMAN SERVICES/TEEN MANAGER LANDSCAPE INSPECTOR LEAD MAINTENANCE WORKER MAINTENANCE SUPERVISOR MAINTENANCE SUPT. - TCSD MAINTENANCE WORKER MUSEUM SERVICES MANAGER OFFICE SPECIALIST PARK RANGER PARK/L,ANDSCAPE MAINT SUPV PATRON SERVICES COORDINATOR RECREATION SUPERINTENDENT RECREATION SUPERVISOR SENIOR LANDSCAPE INSPECTOR SENIOR MANAGEMENT ANALYST SENIOR RECREATION COORDINATOR THEATER TECHNICAL COORDINATOR THEATER TECHNICAL SUPERVISOR THEATRE It•iANAGER Authorized Exemptl Count Minimum Maximum NonExempt 1.00 3,411.18 4,366.16 NE 1.00 4,227.48 5,411.17 NE 1.00 6,489.03 8,307.75 E 3.00 2,553.52 3,268.85 NE 1.00 7,734.77 9,900.21 E 1.00 6,507.27 8,329.65 E 1.00 9,654.46 12,357.62 E 1.00 4,345.49 5,564.46 NE 1.00 4,857.89 6,217.25 E 2.00 3,622.86 4,635.02 NE 4.00 3,575.42 4,574.19 NE 1.00 5,004.84 6,405.0$ E 1.00 6,148.40 7,869.79 E 4.00 3,036.49 3,886.84 NE 2.00 4,345.49 5,564.46 NE 3.00 2,572.99 3,293.18 NE 2.00 3,663.38 4,689.82 NE 1.00 5,004.84 6,405.08 E 1.00 3,622.86 4,635.02 NE 1.00 6,489.03 8,307.75 E 3.00 4,227.48 5,411.17 NE 1.00 4,163.01 5,329.66 NE 1.00 6,025.53 7,714.08 E 2.00 3,79$.04 4,860.08 NE 1.00 3,622.86 4,635.02 NE 1.00 3,798.04 4,860.08 NE 1.00 5,240.85 6,708.72 E Community Services Subtotals: 43.00 Finance ACCOUNTANT ACCOUNTING ASSISTANT ACCOUNTING MANAGER ACCOUNTING SPECIALIST ACCOUNTING SPECIALIST -PAYROLL ADMINISTRATIVE ASSISTANT ASSISTANT DIRECTOR OF FINANCE BUSINESS LICENSE SPEC/CASHIER DIRECTOR OF FINANCE FISCAL SERVICES MANAGER PURCHASING COORDINATOR II REt~'ENUE MANAGER SENIOR DEBT ANALYST 1. 00 4,390.50 S,b20.42 NE 1. 00 2,839.41 3,633.81 NE 1. 00 6,025.53 7,714.08 E 3. 00 3,284.65 4,201.93 NE 1. 00 3,284.65 4,201.93 NE 1. 00 3,411.18 4,366.16 NE 1. 00 7,665.41 9,813.84 E 2. 00 2,935.51 3,757.89 NE 1. 00 9,654.46 12,357.62 E 1. 00 6,731.12 8,616.76 E 1. 00 3,607.66 4,647.07 NE 1. 00 6,025.53 7,714.08 E 1. 00 6,025.53 7,714.08 E Finance Subtotals: 16.00 EXHIBIT A SCHEDULE OF AUTHORIZED POSITIONS City of Temecula, California - FY2008-09 Authorized Exemptl Count Minimum Maximum NonExempt Fire ADMINISTRATIVE ASSISTANT 1.00 3,411.18 4,366.16 NE OFFICE SPECIALIST 1.00 2,572.99 3,293.18 NE SENIOR OFFICE SPECIALIST 1.00 2,935.51 3,757.89 NE Fire Subtotals: 3.00 Information Systems ADMINISTRATIVE ASSISTANT 1.00 3,411.18 4,366.16 NE DIRECTOR OF INFORMATION SYSTEM 1.00 8,085.14 10,347.90 E GIS ADMINISTRATOR 1.00 5,571.76 7,130.15 E GIS ANALYST 1.00 4,242.08 5,430.85 NE I.S. ADMINISTRATOR 2.00 5,571.76 7,130.15 E INFORMATION SYSTEMS SPECIALIST 1.00 4,563.25 5,841.82 NE SR. GIS PROGRAMMER 1.00 5,004.84 6,405.08 NE SR. I.S. SPECIALIST 2.00 5,004.84 6,405.08 NE WEBMASTER 1.00 4,242.08 5,430.64 NE Information Sys tems Subtotals: 11.00 Planning ADMINISTRATIVE ASSISTANT 1.00 3,411.18 4,366.16 NE ASSISTANT CITY MANAGER 1.00 10,936.70 13,999.95 E ASSISTANT PLANNER 1.00 4,413.61 5,650.83 NE ASSOCIATE PLANNER 5.00 5,006.07 6,406.31 NE COMMUNITY DEV COORDINATOR 1.00 4,299.31 5,538.00 NE COMMUNITY DEVELOPMENT TECH 4.00 3,554.73 4,552.29 NE DEPUTY DIRECTOR OF PLANNING 1.00 7,699.74 9,91$.13 E DEVELOPMENT PROC. COORDINATOR 1.00 4,535.25 5,805.33 NE DIRECTOR OF PLANNING 1.00 8,953.73 11,461.02 E JUNIOR PLANNER 1.00 3,678.89 4,709.27 NE OFFICE ASSISTANT 1.00 2,385.64 3,053.52 NE PRINCIPAL PLANNER 1.00 7,268.83 9,305.32 E SENIOR OFFICE SPECIALIST 1.00 2,935.51 3,757.89 NE SENIOR PLANNER 1.00 6,322.37 8,092.44 E Plan ning Subtotals: 21.00 Police MANAGEMENT ANALYST 1.00 5,454.98 6,984.16 E Police Subtotals: 1.00 EXHIBIT A SCHEDULE OF AUTHORIZED POSITIONS City of Temecula, California - FY2008-09 Authorized Exemptl Count Minimum Maximum NonExempt Public Works ADMINISTRATIVE ASSISTANT 1.00 3,411.18 4,366.16 NE ASSESSMENT DISTRICT SPECIALIST 1.00 4,933.07 6,317.50 NE ASSISTANT ENGINEER 7.00 4,933.07 6,317.50 NE ASSISTANT SIGNAL TECHNICIAN 1.00 3,575.42 4,574.19 NE ASSOCIATE ENGINEER 10.00 5,801.68 7,425.77 E CONSTRUCTION MANAGER 1.00 5,903.87 7,815.06 E DEPUTY DIRECTOR PUBLIC WORKS 2.00 8,656.90 11,080.24 E DIR OF PUB WORKS/CITY ENG 1.00 10,822.33 13,852.75 E ENGINEERING TECHNICIAN 1.00 3,333.31 4,267.63 NE JUNIOR ENGINEER 1.00 3,834.54 4,908.74 NE LEAD MAINTENANCE WORKER 5.00 3,575.42 4,574.19 NE MAINTENANCE SUPERVISOR 2.00 5,004.84 6,405.08 E MAINTENANCE SUPT. - P/W 1.00 6,148.40 7,869.79 E MAINTENANCE WORKER 6.00 3,036.49 3,886.84 NE MANAGEMENT ANALYST 1.00 5,454.98 6,984.16 E OFFICE ASSISTANT 3.00 2,385.64 3,053.52 NE OFFICE SPECIALIST 2.00 2,572.99 3,293.18 NE PRINCIPAL ENGINEER 2.00 7,791.94 9,973.21 E PROPERTY AGENT 1.00 5,801.68 7,425.77 E PUBLIC WORKS INSPECTOR 3.00 4,335.76 5,549.86 NE SENIOR ENGINEER 4.00 6,840.61 8,756.67 E SENIOR OFFICE SPECIALIST 1.00 2,935.51 3,757.89 NE SENIOR PUBLIC WORKS INSPECTOR 4.00 4,985.39 6,381.97 NE SENIOR SIGNAL TECHNICIAN 1.00 5,004.84 6,405.08 NE SPECIAL PROJECTS ENGINEER 1.00 5,801.68 7,425.77 E SR. CIP SPECIALIST 0.75 4,309.09 5,516.16 NE Public Works Subtotals: 63.75 Redevelopment ADMINISTRATIVE ASSISTANT 1.00 3,411.18 4,366.16 NE DIR OF HOUSING & REDEVELOPMENT 1.00 8,953.73 11,461.02 E MANAGEMENT ANALYST 1.00 5,454.98 6,984.16 E SENIOR PLANNER 1.00 6,322.37 8,092.44 E Redevelopment Subtotals: 4.00 DEPARTMENT Building & Safety 21.00 City Clerk 10.00 City Council 5.00 City Manager 11.00 Community Services 43.00 Finance 16.00 Fire 3.00 Information Systems 11.00 Planning 21.00 Police 1.00 Public Works 63.75 Redevelopment 4.00 Total of Authorized Positions: 209.75 RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2008-09 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Appropriations Limit for the City of Temecula for FY 2008-09, attached hereto as Exhibit B, is hereby adapted. Section 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the office of the City Clerk. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of June, 2008. Michael S. 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 10th day of June, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "B" CITY OF TEMECULA, CALIFORNIA COMPUTATION OF GANN APPROPRIATIONS LIMIT FY 2007-08 Appropriation Limit $84,096,724 FY 2008-09 City Population Change 3.10% FY 2008-09 Increase in Non-Residential Assessed Valuation** 7.29% Cumulative Compound (1.0310 x 1.0729) 10.62% FY 2008-09 Appropriation Limit $93,024,423 Source: State of California Department of Finance ** Source: HdL Coren & Cone ~OID TRADiTI(~NS~ NEW OPPO(tTUNITIES„ OPERATING BUDGET FISCAL YEAR 20082009 CITY COUNCIL MEETING JUNE io, zooa THE ~ ~~ ~ ~U~ ~~1~'Y/ .r_~~, ~ ~ -- LLL LLL INC. 1989 \/ - - - °Ol.i) TKnUiEIUNS~ Nl:w (~PIK)RfUNiI'IF.5" THE ~J~ ~i ~~_~ "r V 1.J~ I~ I/ ~ ~ i ~ y L INC_ 1989 . ~i~ Tw-nrrtaris, NEw O~oalvHmEs ~~~ ~~ ~~~~1 ~l ~L TRANSMITTAL MESSAGE ................................................................. 5-16 FUND SUMMARIES ........................................................................... 17-22 General Fund ................................................... ...............................18 Gas Tax Fund-------------------------------------------------- -------------------------------20 State Transportation Fund------------------------------- -------------------------------20 CDBG Fund .................................................... ...............................21 Law Enforcement Fund ................................... ...............................21 COP Debt S ervice Fund .................................. ...............................22 Internal Services Funds ................................... ...............................22 GENERAL FUND ............................................................................. 23-112 General Fund Revenues by Source ..................................... ...........24 Expenditure Summary by Category -General Fund .......... ...........26 Personal Allocation by Department .................................... ...........28 City Organizational Chart ................................................... ...........35 City Council ........................................................................ ...........37 City Manager ...................................................................... ...........43 City Attorney ...................................................................... ...........55 City Clerk ............................................................................ ...........57 Finance ................................................................................ ...........61 Community Development ................................................... ...........67 Public Works ....................................................................... ...........51 Police ................................................................................... ...........95 Fire ...................................................................................... .........103 Animal Control ................................................................... .........109 Non-Departmental ............................................................... .........111 INTERNAL SERVICE FUNDS .......................... ............................. 113-130 Insurance ........................................................ ..............................115 Information Systems ...................................... ..............................117 Vehicles .......................................................... ..............................125 Support. Sei-~rices ............................................ ..............................127 Facilities ......................................................... ..............................129 THE ~ ~~ ~ ~U~ ~~1~'Y/ .r_~~, ~ ~ -- LLL LLL INC. 1989 \/ - - - °Ol.i) TKnUiEIUNS~ Nl:w (~PIK)RfUNiI'IF.5" PROPaSED ANNUAL ~PERAT~NG BUDGET FISCAL YEAR 2008.2009 TRANSMITTAL PiESSAGE THE ~ ~~ ~ ~U~ ~~1~'Y/ .r_~~, ~ ~ -- LLL LLL INC. 1989 \/ - - - °Ol.i) TKnUiEIUNS~ Nl:w (~PIK)RfUNiI'IF.5" 43200 BusiNEss PARK DRIVE, TEMEcui.~-, CA[,IPORI+IIA 92589-9033 PHONE (951) 694-6444 • FACSIMILE (951) 694-6479 June 10, 2008 The Honorable Mayor and Members of the City Council I am pleased to submit the proposed Operating Budget for the Fiscal Year 2008-09. This fiscal plan was developed to serve not only as a monetary statement of programs and policies, but as a document that reflects the many goals, programs, and service priorities that the City of Temecula is committed to providing its citizens. The Fiscal Year 2008-09 Operating Budget has been developed after a considerable review process. Departmental budget submittals were prepared and reviewed by line item in connection with projected revenues and detailed performance objectives. Five-year revenue and expenditure projections were developed to identify the future impacts of proposed staffing and program changes, as well as the impact of proposed capital improvement projects. The result is this document: a conservative, balanced budget that provides for quality services while effectively utilizing available resources. CITY OF TEMECULA PROFILE The City of Temecula is a dynamic community comprised of approximately 101,057 citizens of various cultural backgrounds. The City maintains 38 parks on 285 developed acres throughout the community, which provide recreation opportunities for both the citizens of Temecula, as well as surrounding communities. Contracted services provided through Riverside County include police and fire protection. The Temecula Valley Unified School District provides 33 schools for 28,328 students at the kindergarten through 12th grade levels within the City. The City of Temecula prides itself on its community focus and quality of life. Temecula is emerging as one of the most prosperous communities in the Inland Empire region. Temecula's residents enjoy one of the finest life styles in Southern California. A variety of factors is behind this. Geography is playing a role as the City is receiving growth impulses from both San Diego and Orange Counties. Also, a mountain gap that allows ocean breezes to flow into the City provides a moderate climate by inland standards and has permitted the development of sophisticated wineries. Temecula's leadership has approached economic growth from a qualitative standpoint, providing the City with a disproportionate share of the Inland Empire's higher paying and high technology firms. Environmental and residential factors have come into play as Temecula rests in a beautiful setting that is luring relatively young, well- educated families to upscale homes that are inexpensive by Southern California standards. The City's average income levels are thus higher than the surrounding region, the educational performance of its young people is above State averages, and it is one of Southern California's safest cities. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL JUNE I O, 2008 It is impossible to review the economic forces affecting Temecula and the Inland Empire without predicting a rosy future for the City. The region's geographic location, competitive cost structure and sophisticated logistics have put it in a position to remain one of the fastest growing and most prosperous communities in the Inland Empire. REVENUES AND ECONOMIC CONDITION Fiscal Year 2008-09 General Fund revenues are projected to reach $63,935,627 an increase of $474,248 or .7% from Fiscal Year 2007-08, and reflect the continued growth of the local economy. In the past year, the City has experienced interest in relocation and expansion of existing businesses. The City has continued to work with the Temecula Chamber of Commerce and the Temecula Convention and Visitors Bureau in their efforts to encourage the expansion or relocation of industries that generate local sales tax and employment advantages. The City has also worked with these organizations to stimulate economic growth and tourism in our region by expanding, developing and marketing Temecula as a tourist destination to conventions, meetings and leisure travel markets. The following graph details the major components of the City's General Fund revenues. FY 2008-09 PROJECTED GENERAL FUND REVENUES (VALUE IN $ MILLIONS) HOI+IORABLE MAYOR AHD MEMBERS OP THE CITY COUI+I CIL JurIE i O, 2008 CHANGES IN REVENUES: GENERAL FUND Sales and Use Tax: Sales and Use Tax revenue is projected to decrease from an estimate of $28,634,780 in Fiscal Year 2007-08 to $28,570,000 in Fiscal Year 2008-09. This slight decrease is primarily a result of the decline in general consumer goods, electronics retail, and auto sales. The City continues to maintain a strong and diverse sales tax base by promoting economic development in areas such as manufacturing, light industrial, and retail businesses. In addition, there is a 126,000 square foot expansion of the Promenade Mall expected to open March 2009. Sales tax is the City's largest revenue source representing 44.7% of the total General Fund revenue. Temecula continues to exceed the State, County, and surrounding areas with respect to sales per capita. QUARTERLY RETAIL SALES PER CAPITA ~~,~~~ $9,000 $s,ooo $7,000 -!-- $6,000 $5,000 $4,000 ~ $3 000 ~~_ ~~ , $2,000 $1,000 $0 a~ a~" a~" ca'~ a~" a'~ a'~ a~ a'~ a~" a~" a~" w ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~ o~~ o~~~ o~~~ o~~ qU~ oU~~ o~~ o~~ q~~ Q~~ o~~ o~~ Source: Hinderliter. deLlamas and Associates Property Tax: The Fiscal Year 2008-09 revenue estimate for property taxes represents a .4% decrease based upon a couple of factors, as follows: a 2.59% increase in assessed valuation primarily from development growth which was offset by a substantial decrease in supplemental tax receipts under AB2345. The Fiscal Year 2008-09 estimate of $6,386,000 represents approximately 9.99% of the total General Fund revenues. Property Tax in Lieu of VLF (formerly Motor Vehicle in Lieu): It is projected that this subvention will increase by $266,399 to a total of $7,881,000 in Fiscal Year 2008-09. This increase is based on an estimated 3.5% increase in population, State backfill, and an increase in property assessed valuations. Property Tax in Lieu of VLF funds are primarily distributed (85%) by the County of Riverside with the remaining Motor Vehicle in-lieu fees (15%) being distributed by the State on a per capita basis. HONORABLE MAYOR AND MEivIBERS OF THE CITY COUNCIL JUNE ~ o, Zoos Investment Interest: Investment interest is anticipated to decrease from $2,394,526 to $1,690,000 due primarily to transfers related to capital project needs in the City's Capital Improvement plan and a decline in interest rates. While the Federal Reserve has raised rates 17 consecutive times through June 30, 2006, since that time interest rates have declined but have remained relatively stable and constant. Licenses, Permits and Charges for Services: An overall decrease from $4,545,952 to $3,779,749 is projected in Fiscal Year 2008-09. The anticipated decrease is due to a decline in development activity consistent with the rest of the State. Transient Occupancy Tax (TOT): The City collects an 8% tax on the amount of all transient (30 days or less) lodging rentals. TOT revenue is projected to be $2,808,000 in FY 2008-09, a $308,000 increase from the prior year. This projection is based on current occupancy rates from existing hotel/motel rooms, afull-year estimate fora 56-room hotel that opened in FY2007- 08, plus an new 142-roam hotel expected to open in late summer 2008. CHANGES IN REVENUES; OTHER FUNDS Gas Tax: A 3.2% increase of $55,000 to a total of $1,777,500 in Gas Tax revenue is projected based on anticipated population. This revenue funds the maintenance, rehabilitation and improvement of public streets. ParkslLighting Services Special Tax: This special tax is assessed to all real property owners and is used for the ongoing operation and maintenance of the City's: parks and recreation facilities, recreational and community service programs, median landscaping, arterial street lights, and traffic signals. A 1.3% increase is projected to $3,710,806 for Fiscal Year 2008-09 due to a corresponding increase in the number of equivalent dwelling units that will be assessed the special tax and from the City charging the approved rate of $74.44 per dwelling unit. Community Services District Assessments: These assessments represent parcel charges to real property owners for various service levels such as residential street lighting, perimeter landscaping and slope maintenance, refuse collection, and road maintenance. The projected amount of these assessments for Fiscal Year 2008-09 is $8,118,215, a 5.0% increase from the prior year. This increase is primarily due to an increase in rates plus the number of residential units being assessed for street lighting and refuse hauling services. EXPENDITURES Total General Fund expenditures {excluding operating transfers out) are proposed to be $62,867,844 in Fiscal Year 2008-09. This proposed expenditure level results in a margin of projected revenues over proposed expenditures in the General Fund of $1,067,783. In addition, operating transfers out are proposed reserves for funding capital improvement projects in the amount of $23,699,881. Public safety continues to represent the largest single portion of the General Fund operating budget at 41.4%. Proposed expenditures for Police and Fire services total $26,049,457 (net of a $7.3 million fire tax credit). Proposed public safety expenditure increases total $727,630 for Fiscal Year 2008-09. While this budget does not include any additional sworn officers, it does include converting one patrol position to a K9 handler position. The City has included funding for a new fire station as part of the Roripaugh Ranch Development. 10 HONORABLE MAYOR AND MEivIBERS OF THE CITY COUNCIL JUNE ~ o, Zoos FY 2008-09 GENERAL FUND BUDGET BY FUNCTION 2008-09 GOALS AND OBJECTIVES The City Council developed a Mission Statement in 1991, which created along-term vision for development of City policy. The Mission Statement addresses community safety, housing, jobs, financial stability, and quality of life issues. Using this Statement as a foundation, in November 1993, the Council adopted the City's first General Plan, which sets forth a long-term comprehensive plan far the physical development of the City through the Plan's Vision Statement. The elements in the General Plan are land use, circulation, housing, open space and conservation, growth management, public safety, noise, air quality, design and economic development. Based on the goals and policies identified in the plan, staff prepared objectives and performance measures to begin implementing the plan. During the 1995-96 fiscal year, the City began a strategic planning process to expand the City's vision beyond the scope of the elements listed above. The employees of the City held team- building workshops with all City staff, which resulted in the development of a Value Statement. This Value Statement is used as: 1) a tool in the employee hiringlselectian process; 2) a guide in conducting City business; and, 3) a statement to the citizens affirming what the City, as an organization, stands for and the level of service they can expect from the City. Departmental goals and objectives are updated annually and are included in the Operating Budget section of this document. Goals and objectives are listed by program within each department. The following is a partial listing of the Fiscal Year 2008-09 performance objectives as they relate to key elements of the City's Mission Statement and Vision Statement. MAINTAIN FISCAL STABILITY • Maintain a $12.6 million reserve for economic uncertainty. • Emphasize safety and liquidity over yield when investing City funds. Utilize the five-year financial plan to determine the future impact of proposed programs and capital improvement projects to ensure the City's long-term fiscal stability. 11 HONORABLE MAYOR AND MEivIBERS OF THE CITY COUNCIL JUNE ~ o, Zoos MAINTAIN A SAFEISECURE ENVIRONMENT • Respond to calls for police services in a timely manner. Perform public safety education programs, maintain neighborhood watches, and conduct timely traffic investigations. • Respond to all fire and medical emergency calls within five minutes. Conduct a comprehensive fire education program. Continue to utilize an-board laptop computers with GPSIGIS to enhance fire/emergency medical service delivery capabilities. Maintain 4.0 staffing on all fire engines. • Utilize volunteer groups such as the Temecula Citizen Corps (TCC) to provide additional support and resources during significant emergencies or disasters. ENCOURAGE PROGRAMS FOR ALL AGES • Increase the number of family oriented program opportunities at the community centers. • Increase recreation activities and opportunities for children at local parks during the summer months. PROVIDE QUALITY JOBS AND PROMOTE COMMERCE • Encourage the growth and expansion of existing industries by providing high quality municipal services, facilities, and economic development assistance. • Promote retail and other support activities that provide a broader selection of high quality goods and services for residents, workers, and tourists. • Use redevelopment powers and opportunities to enhance development opportunities. • Target high quality businesses from the fallowing industry categories: Small to mid-sized businesses; high-tech manufacturing and communication services; health-related manufacturing services; paper and plastics; and vineyards/vintners. Utilize the "fast track" process to provide one-stop streamlined development permitting. • Develop and maintain an effective marketing program to publicize the virtues of Temecula. • Develop Temecula as a comprehensive, recognizable tourist destination with a range of attractions. PROVIDE ADEQUATE INFRASTRUCTURE CONCURRENT WITH DEVELOPMENT • Update the five-year Capital Improvement Program (CIP). Design and construct capital projects within funding and time requirements specified in the CIP. • Allocate $167.3 million in FY2008-09 for citywide circulation, infrastructure, redevelopment, and parks projects. UTILIZE HUMAN RESOURCES EFFECTIVELY • Conduct an annual retreat for department directors to establish service level and program goals. • Provide in-house training opportunities for all employees to enhance productivity and performance. • Administer an employee recognition program including quarterly Temecula Pride/Good Deed Award luncheons. 12 HONORABLE MAYOR AND MEivIBERS OF THE CITY COUNCIL JUNE ~ o, Zoos ENHANCE AND REVITALIZE HISTORIC AREAS • Work with Old Town merchants, property owners, civic groups, and the development community to: ^ Make private and public improvements in Old Town; ^ Develop projects that will revitalize the Old Town economy; ^ Assist in the private rehabilitation of buildings in Old Town. • Promote and encourage participation in the Facade Improvement Program. ACCOUNTING, AUDITING AND FINANCIAL REPORTING POLICY The City of Temecula receives an independent audit annually and maintains a solid internal audit capacity. The City prepares all annual financial reports in strict compliance with Generally Accepted Accounting Procedures (GAAP), as outlined by the Governmental Accounting Standards Board (GASB). The City maintains a strong system of internal controls, which has resulted in an unqualified audit opinion since the City's incorporation. PERFORMANCE MEASURES The budget document has been formatted to detail the operational goals, objectives, and performance measurements of each department. The Finance Department staff has worked with all departments to identify significant accomplishments, as well as to develop qualitative and quantitative performance measures. The goal of the organization is to establish a comprehensive reporting system which will give the public, City Council, and City staff the ability to evaluate the level and value of service provided to the community. IMPACT OF LEGISLATION ON THE BUDGET In November 2004, voters overwhelmingly passed Proposition 1A, which was a constitutional amendment that would guarantee revenue stability and mandate reform for local governments. This State budget proposes the difficult but necessary steps needed to bring the state's chronic structural deficit under control, not only for this fiscal year but permanently. This is accomplished by (1) imposing strict spending restraint in the current and budget years while protecting and preserving essential state services and (2) proposing a Constitutional Amendment to reform the budget process so that state government has the tools needed to avoid spending more than it has in the future. The May Revise to the Governor's Budget reflects a $24.3 billion budget gap. This gap has increased from $14.5 billion in January 2008 primarily as a result of a $6 billion decrease in general fund revenues. Other factors include increased program costs, higher estimates of growth and cost of living adjustments, and erosion of savings due to delays in the adoption of reduction proposals. In order to close the $24.3 billion budget gap, the proposed Governor's Budget includes 10- percent across-the-board reductions to all General Fund departments and programs, Boards, Commissions, and elected offices-including the legislative and judicial branches-except where such a reduction is in conflict with the state constitution or impractical. This statewide across- the-board reduction approach touches nearly every General Fund program in every department within each branch of state government. While these reductions present numerous challenges to implement, this across-the-board reduction approach is designed to protect essential services by spreading reductions as evenly as possible so that no single program is singled out far severe reductions. These reductions amount to approximately $12.5 billion and in addition there are proposed revenue increases of $11.7 billion to address the state budget gap. At this time there does not appear to be any direct impact to the City Budget, but staff will continue to monitor the status. 13 HONORABLE MAYOR AND MEivIBERS OF THE CITY COUNCIL JUNE ~ o, Zoos STAFFING POLICY The proposed Fiscal Year 2008-09 Operating Budget is awell-planned budget that increases the City's current levels of service to the community. City staffing levels are continuously reviewed to identify overlunderstaffing so that appropriate changes can be made either during the annual budget process or the mid-year review. The total City staffing for Fiscal Year 2008- 09 will include 209.75 regular full-time equivalent positions, a decrease of 1.0 position from the prior year. In response to the decline in development activity, eight positions remain unfunded in the community development departments. RESERVE POLICY The City Council previously identified an objective of developing and maintaining a reserve of $12.6 million in the General Fund for economic uncertainties and contingencies. This reserve represents 20°l0 of the General Fund appropriations. COMMUNITY SERVICES DISTRICT POLICY The Temecula Community Services District (TCSD) was established to provide a comprehensive, balanced neighborhood and community park system in Temecula by constantly reviewing growth, demographics, and available facilities. The TCSD also provides tree management, hazardous waste procedures, and a recycling program for the community. Oversight responsibility rests with the City Council, who serves as the Board of Directors for TCSD. All services are funded primarily with fees and a special tax charged on the assessor's parcel roll. The proposed budget for TCSD totals $22,064,888. At the council's direction, the City will make a $7,880,346 contribution to the TCSD budget, which includes $6,322,245 for TCSD-Citywide, $147,241 to Service Level C, and a $1,410,860 contribution to the Library Fund, in Fiscal Year 2008-09. This contribution represents an increase of $388,260 from the prior fiscal year. REDEVELOPMENT AGENCY POLICY On April 7, 1991, the City Council adopted ordinances, which included the adoption of the Redevelopment Plan for Temecula. This action established the Temecula Redevelopment Agency (RDA), which assumed responsibility for the Plan effective July 1, 1991. The RDA is responsible for enhancing the existing character and economic foundation of the project area by removing blight and promoting economic revitalization. It is also designed to provide quality- housing opportunities for low to moderate-income citizens. The RDA is funded primarily by property tax increment revenue. The total gross tax increment revenue for Fiscal Year 2008-09 is projected to be $18,016,000. This amount includes funds to be used for low and moderate- income housing purposes, pass-throughs to other local governmental entities, administrative costs, debt service, and redevelopment projects. CAPITAL IMPROVEMENT PROGRAM POLICY The City's five-year Capital Improvement Program (CIP) is presented to the City Council under separate cover. This program provides amulti-year plan for capital improvements that is updated annually to ensure compliance with the program. The impact of capital projects on maintenance and operating costs were taken into consideration in the development of the operating budget. Circulation, infrastructure, parks, redevelopment, and other various projects are identified in the CIP budget with estimated five-year project costs totaling $404,858,040. The CIP reflects an aggressive $71,385,384 in traffic/circulation project costs, which is included in the $167,344,571 total project costs to be incurred in 2008-09 Fiscal Year. 14 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL JUNE 1 O, 2008 CASH MANAGEMENTIINVESTMENT POLICY In accordance with Califomia Government Code, Sections 53601 through 53659, the City of Temecula annually adopts an investment policy identifying the rules and procedures that apply to investment instruments that may be used in investing idle cash. Temecula's investment policy is reviewed and updated annually and adopted by the City Council in July each year. The policy follows the objectives of maintaining safety, liquidity, and yield (in that order of priority}. It is important to note that the City does not invest in high-risk investments, such as derivatives and reverse purchase agreements. All investments are made in compliance with the California Government Code and the City of Temecula Investment Policy. DEBT POLICY The City of Temecula is in the process of developing a comprehensive debt policy. On April 24, 2001, the Temecula Public Financing Authority (a joint powers authority between the City of Temecula and the Temecula Redevelopment Agency} adopted goals and policies for land- secured financings. Among the items addressed in the policy are eligible public facilities and services, credit quality requirements, disclosure requirements, equity of special tax formulas and maximum special taxes. The City has not issued any general obligation debt. CONCLUSION The Fiscal Year 2008-09 Operating Budget is balanced, provides for increased services in the areas of public safety, public works, and parks and recreation. The budget was constructed by utilizing a conservative approach in projecting revenues and corresponding expenditures. This conservative approach is necessary as the City must continue to be sensitive to potential changes in the condition of the State and local economy. If there are any legislative actions that create any adverse impacts to the City, or if local conditions change that negatively impact the projected revenue stream, this budget will allow staff to return to the City Council with recommendations tomake the appropriate adjustments. I would like to express my appreciation to the City Council for providing the direction and support which are crucial to the ability of the City to achieve its goals. I would also like to recognize the contributions of the City staff for not only creating a successful operating budget, but also for their commitment to providing top quality services to all who live, work and play in Temecula. I would like to give special thanks to Genie Roberts, Director of Finance; Jason Simpson, Assistant Finance Director; Rudy Graciano, Revenue Manager; Pascale Brown, Senior Accountant; Heidi Schrader, Management Analyst; and Judy McNabb, Administrative Assistant, for their long hours and dedication to the City and this budget process. Sincerely, Shawn D. Nelson City Manager 15 THE ~ ~~ ~ ~U~ ~'1~'~% .r_~~, ~ ~ -- LLL LLL INC. 1989 \/ - - - °C)Li) TftAUi"EIUNS~ Nl:w (~PIK)RfUNii'IF.5" 16 ~OID TRADiTI(~NS~ NEW OPPO(tTUNITIES„ PRQPaSFLI ANNt1At CiPFR~4f11VG BtIDGF~ FISCAL YEAR 2008.2,009 FUND SUM1~iARIES 17 GENERAL FUND 2006-07 2007-08 2008-09 Proposed °h Audited Revised Preliminary Increa~ Ino'ease Actraals Budget E~adget (Decrea~) eo•ease Total Revenues 67,748,685 63,534,540 63,935,627 401,087 0,6°h Expenditures by Dept City Council 416,000 502,945 439,360 (63,585) -12,69ro Community Support 338,166 281,400 246,400 (35,000) -12,4% City Manager 1,174,139 1,284,378 1,286,118 1,740 0.1% Economic Development 862,554 893,164 984,122 90,958 10,2% City Clerk 1,014,197 1,039,518 1,182,292 142,774 13,7% City Attorney 681,011 710,000 721,300 11,300 1.6% Finance 1,959,739 2,150,919 2,278,055 127,136 5.9% Humes Resources 627,960 717,119 687,641 (29,478) -4.1% Planning 3,277,309 4,046,941 3,143,757 (903,184) -22,3% Building & Safety 2,794,729 2,658,938 3,213,885 554,947 20,9% Land Development 2,168,543 2,056,047 1,711,927 (344,120) -16,7% Public Works 6,067,394 7,679,737 6,355,923 (1,323,814) -17,2% CIP Admin 2,535,588 2,850,251 3,003,052 152,801 5,4°7° FEM4 -Disaster Relief 36,428 60,000 - (60,000) -100,0% Police 17,685,965 20,342,785 21,442,504 1,099,719 5.4% Fire 4,105,366 4,979,042 4,606,953 (372,089) -7.5% Animal Control D t t l N 159,597 170,000 175,000 5,000 2.9% on- epar men a : REST Contribution 6,828,854 7,492,086 7,880,346 388,260 5.2% Retiree N~dical Contribution - - 253,000 253,000 100,0% Sales Tax Sharing - Redhawk 500,000 584,000 564,291 (19,709) -3.4% Property Tax Admin 4,572 171,000 51,510 (119,490) -69,9% 2007 Civic Center COP's - - 1,111,916 1,111,916 100,0% Old Town Rental Property 16,701 - - - 0.0% CFD 88-12 Tax 1,582,333 1,536,000 1,528,492 (7,508) -0,5°h Total Expenditures 54,837,145 62,206,269 62,867,844 661,575 i.i°/° Excess of Revenues Over (Under} Expenditures 12,911,540 1,328,271 1,067,783 (2601488} Operating Transfers Out: Capi~l Projects 6,969,000 4,899,393 23,699,881 18,800,488 Toil Operating Transfers Out 6,969,000 4,899,393 23,699,881 18,800,488 Excess of Revenues Over (Under} Expenditures and Operating Transfers Out 5,942540 (3571,122) (22,632,098) (19,060,976} 18 SUMMARY OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FY 2008-09-PROPOSED ANNUAL OPERATING BUDGET GENERAL FUND~orrrn~uED 2006-07 2007-08 2008-09 Audited Revised Preliminary Actuals Budget Budget Fund Balance, Beg. of Year 37,989,794 43,932,334 42,361,212 Revenues 67,748,685 63,534,540 63,935,627 Expenditures 54,837,145 62,206,269 62,867,844 Operating Transfers Out 6,969,000 4,899,393 23,699,881 Estimated Budget Savings - 2,000,000 - Fund Balance, End of Year 43,932,334 42,361,212 19,729,114 Devil of Fund Balance: Reserved for long-arm advances 1,070,177 870,176 870,176 Reserved for encumbrances 1,813,248 - - Reserved for deposits and prepaid items 110,881 107,959 107,659 Reserved for invenb~ry 3,747 3,586 3,586 Reserved for comprehensive annual leave 1,415,494 1,465,426 1,558,716 Unreserved Designated for continuing appropriation 200,543 200,543 200,543 Designated for economic uncertainty (20°!0 of Appropriations) 12,299,321 12,417,054 12,573,569 Designated for retiree benefits 3,574,851 - - Designated for open space 506,226 - - Designated for Dutch Villages 150,000 150,000 150,000 Designated for Liberty Quarry EIR 266,908 266,908 266,908 Designated for SB621 (TASIN) 857,792 - - Desginated for Future CIP 1,327,364 23,699,881 2,718,905 Undesignated 20,335,782 3,179,679 1,279,052 43,932,334 42,361,212 19,729,114 19 SUMMARY OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FY 2008-09-PROPOSED ANNUAL OPERATING BUDGET GAS TAX FUND 2006-07 2007-08 2008-09 Proposed °!° Audited Revised Preliminary Increa~ Ino~ease AciUals Budget Etadget (Decrea~) eo~ease Total Revenues 1,744,839 1,722,500 1,777,500 55,000 3.2% Total Expenditures - - - - 0.0% Excess of Revenues Over (Under) Expenditures 1,744,839 1,722,500 1,777,500 55,000 3.2% Operating Transfers Out 1,631,850 1,914,440 1,777,500 (136,940) 7,2°h Excess of Revenues Over (Under) Expenditures and Operating Transfe~s0ut 112,989 (191,940) - 191,940 -100,0°lu Fund Balance, Bea, of fear 78,951 191,940 - Fund Balance, End of Year 191,940 - - STATE TRANSPORTATION FUND 2006-07 2007-08 2008-09 Proposed Audited Revi~d Preliminary Increa~ Ina~ease AciUals Budget Budget (Decrea~) (Decrease) Total Revenues 586,504 - - - 0.0% Total Expenditures - - - - 0.0% Excess of Revenues Over (Under) Expenditures 586,504 - - - 0.0% Operating Transfers Out*: To General Fund 994,819 6,821 - (6,821) -100.0% Excess of Revenues Over (Under) Expenditures and Operating Transfers0ut (408,315) (6,821) - 6,821 -100.0% Fund Balances, Beg. of Yea 415,136 6,821 - Fund Balances, End of Yea 6,821 - - 20 SUMMARY OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FY 2008-09-PROPOSED ANNUAL OPERATING BUDGET CDBG FUND 2006-07 2007-08 2008-09 Proposed Audited Revised Preliminary Increase Increase Actuals ~daet ~daet (Decrease) (Decrease) Total Revenues 112,022 2,120,808 2,493,839 373,031 17.6% Total Expenditures 63,337 63,346 59,267 (4,079) -6.4% Excess of Revenues Over (Under) Expenditiares 48,685 2,057,462 2,434,572 377,110 18.3% Operating Transfers Out*: CIP Fund 48,725 2,057,462 2,434,572 377,110 18.3% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out (40) - - - Fund Balances, Beg. of Year 40 - - Fund Balances, End of Year *CIP revenues and appropriations are reflected in file CIP LAW ENFORCEMENT FUND 2006-07 2007-08 2008-09 Proposed °h Audited Revised Preliminary Increase Ino•ease AciUals Budget E~adget (Decrea~) (Deo•ease) Total Revenues 182,809 189,481 100,000 (89,481) -47,2°h Total Expenditures - - - - Excess of Revenues Over (Under) Expenditures 182,809 189,481 100,000 (89,481) -89,59rO Operating Transfers Out*; To Generel Fund 184,483 189,481 100,000 (89,481) -89,5% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out (1,674) - - - Fund Balances, Eeg, of Year 1,674 Fund Balances, End of Year 21 SUMMARY OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FY 2008-09-PROPOSED ANNUAL OPERATING BUDGET GaP DEBT SERVICE FUND 2006-07 2007-08 2008-09 Proposed Audited Revised Preliminary Increase Ina~ease Aciuals Budget Budget (Decrease) ecrease Total Revenues - 2,035,000 - (2,035,000) -100.0% Total Exp~ditures - 899,482 1,114,916 215,434 24.0% Excess of Revenues Over (Under) Expenditures - 1,135,518 (1,114,916) (2,250,434) -198.2% Operating Transfers In: From General Fund - - 1,114,916 1,114,916 Excess of Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balances, Beg. of Yea Fund Balances, End of Yea - - - 1,135,518 - 1,135,518 - 1,135,518 1,135,518 (1,135,518) IAITERNAL SERVICES FUND 2006-07 2007-08 2008-09 Proposed Audited Revised Preliminary Increase Ina~ease Aciuals Budget fidget (Decrease) ecrease Total Revenues by Fund: Insurance 644,622 831,100 689,300 (141,800) -17.1% Vehicles 363,630 354,330 371,800 17,470 4.9% Information Systems 2,277,808 2,480,600 2,522,900 42,300 1.7% Support Services 347,879 432,300 412,700 (19,600) -4.5% Fadlities 648,520 760,800 801,500 40,700 5.3% Total Revenues 4,282,459 4,859,130 4,798,200 (60,930) Total Expenditures by Fund: Insurance 608,058 831,102 685,718 (145,384) -17.5% Vehicles 313,024 300,524 337,130 36,606 12.2% Information Systems 2,239,847 2,490,979 2,513,945 22,966 0.9% Support Services 307,806 404,462 380,233 (24,229) -6.0% Fadlities 651,047 759,775 771,377 11,602 1.5% Total Expenditures 4,119,782 4,786,842 4,688,403 (98,439) -2.1% Excess of Revenues and Operating Transfers Over (Under) Expenditures 162,677 72,288 109,797 37,509 Retaned Earnings, Beg. of Year 4,740,240 4,902,917 4,975,205 Retaned Earnings, End of Year 4,902,917 4,975,205 5,085,002 22 SUMMARY OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FY 2008-09-PROPOSED ANNUAL OPERATING BUDGET ~OID TRADiTI(~NS~ NEW OPPO(tTUNITIES„ PRQPaSFt~ AN1Vt-AL tJPFRAfl1VG BtlL1GFf FISCAL YEAR 2008.2,009 GENERAL FUND 23 GENERAL FUND REVENUES BY SOURCE Actual Actual Estimated Projected FY 2005-06 F'Y2006-07 F'I'2007-08 FY 2008-09 Taxes andFranchises Property Tax $ 5,959,065 $ 6,560,913 $ 6,413,000 $ 6,386,000 Franchise Fees 2,558,691 3,033,014 3,127,000 3,178,000 Sales and Use Tax 30,590,270 30,124,027 28,634,780 28,570,000 Property Transfer Tax 1,163,193 770,685 500,000 505,000 Transient Occupancy Tax 2,085,104 2,284,168 2,500,000 2,808,000 Licenses, Permits, and Service Charges Business Licenses 344,480 344,182 308,000 318,500 Land Development 3,586,716 1,861,659 787,815 372,334 Building 2,678,308 2,581,603 1,944,192 1,531,639 Planning 1,021,601 794,855 558,831 739,158 Fire 922,004 921,580 947,114 818,118 Fines and Forfeitures 1,176,770 1,307,174 938,000 1,062,000 Use of Money Investment Interest 1,478,323 3,471,794 2,394,526 1,690,000 Intergovernmental Revenues Property Tax In Lieu of VLF 5,992,537 7,476,401 7,614,601 7,881,000 Motor Vehicle License Fees 69,733 - - - Ci•ants 252,747 89,617 131,000 7,592 Prop 1B - - 750,000 825,217 ERAF/Sooking Fee Reimbursement - 136,786 - - Reimbursement from Capital Improvement Program 1,804,164 1,803,818 2,152,838 2,552,594 Redevelopment Agency 225,000 225,000 110,000 110,000 Indiam Cximing MOU - 151,627 857,000 2,000,000 Other 641,329 514,211 302,096 229,500 Operating Transfers In 1,728,800 2,811,193 2,109,581 1,877,500 Miscellaneous 559,263 484,378 454,166 473,475 Total $ 64,838,098 $ 67,748,685 $ 63,534,540 $ 63,935,627 24 GENERAL FUND REVENUES BY SOURCE --couriNUEa II1TERCsO VERNK"' "" " i:3% OPERATINCs TRArISPERS IrI .ti^% TRAN8IENT OCCUPANCYTAX g% PROPER' ii% F~ArICHISE FEES S% LICEI,isEs AMID PERMITS 6% IrIVEsTMENC IrITEREST :3% Fu,>Es APID FORFETI'URE8 2% SALES APID UsE TAX gg% OTHER 1% FOUR-YEAR COMPARISON $70,000,000 $~o,ooo,ooo $50,000,000 ZO $40,000,000 $30,000,000 $20,000,000 $10,000,000 $0 25 REI[vfBUR8EMEIIT 8% Actual Actual Estimated Projected 2005-06 ZOOG-07 2007-08 2408-09 GENERAL FUND EXPENDITURE SUMMARY BY CATEGORY Operations Capital Department Personnel &c Maintenance Outlay Total City Council: City Council $ 124,210 $ 315,150 - $ 439,360 Community Support 246,400 - ?116,400 City Manager: City Manager 973,993 312,125 1,286,118 Economic Development 367,347 616,775 984,122 Human Resources 423,041 264,600 687,641 City Attorney 721,300 721,300 City Clerk 823,042 359,250 1,182,292 Finance 1,711,370 566,685 - 2,278,055 Community Development: Planning 2,061,637 1,082,120 - 3,143,757 Building & Safety 2,311,008 902,877 - 3,213,885 Land Development 1,419,077 292,850 1,711,927 Public Works Public Works 2,576,417 3,779,506 - 6,355,923 CIP Administration 2,608,152 394,900 - 3,003,052 Police 191,325 21,243,179 8,000 21,442,504 Fire 293,414 4,300,839 12,700 4,606,953 Animal Control 175,000 175,000 Non-Departmental 11,389,555 11,389,555 Total $15,884,033 $ 46,963,111 $ 20,700 62,867,844 Operating Transfers to CIP 23,699,881 Total $ 86,567,725 26 GENERAL FUND EXPENDITURE SUMMARY BY CATEGt7R'Y --CONTINUED FISCAL YEAR 2008-09 PROPOSED $62,867,844 CITY ATTORNEY CITY MANACsER $721 ,300 CITY CLERK FINANCE $1 ,973,759 $ ~ ~ ~ 82,292 $2,278,055 CITY COUNCIL, $685,760 COMMUNI'1"Y DEVELOPMENT NoN- $9,053,691 DEPAh'TMENTAL $1 1 ,389,555 PUBLIC 1lYORKs $9,358,975 ANIMAL CONTROL $175,000 POLICE $2 i ,442,504 FIRE $4 ,606,953 27 PERSt)NNEL ALLOCATION BY DEPARTMENT C~NIItAL FUND CITY COUNCIL Councilmembers CITY IVIANAGER Authorized Authorized 2007-08 Changes 2008-09 Administrative Assistant 1.00 0.00 1.00 Assistant City Manager 1.00 0.00 1.00 Deputy City Manager 1.00 0.00 1.00 City Manager 1.00 0.00 1.00 ]~ecutive Assistant 1.00 0.00 1.00 Human Resources Analyst 1.00 0.00 1.00 Associate Planner 0.00 1.00 1.00 Marketing Coordinator 1.00 (1.00 j 0.00 Management Analyst 0.00 1.00 1.00 Office Specialist 1.00 0.00 1.00 Senior Human Resources Analyst 1.00 0.00 1.00 SeniorManagement Analyst 1.00 0.00 1.00 Total 10.00 1.00 11.00 CTTIT CLERK Administrative Assistant 1.00 0.00 1.00 City C1erk/Director of Support Services 1.00 0.00 1.00 Deputy Director of Support Services 1.00 0.00 1.00 Minute Clerk 1.00 0.00 1.00 Office Assistant 1.00 0.00 1.00 Office Specialist 2.00 0.00 2.00 Records Manager 1.00 0.00 1.00 Total 8.00 0.00 8.00 FINANCE Accountant 1.00 0.00 1.00 Accounting Assistant 1.00 0.00 1.00 Accounting Manager 1.00 0.00 1.00 Accounting Specialist 4.00 0.00 4.00 Administrative Assistant 0.75 0.00 0.75 Assistant Finance Director 1.00 0.00 1.00 Business License Specialist/Cashier 2.00 0.00 2.00 Director ofFinance 1.00 0.00 1.00 Fiscal Services Manager 0.75 0.00 0.75 Purchasing Coordinator II 0.00 1.00 1.00 Purchasing Coordinator 1.00 (1.00) 0.00 Revenue Manager 1.00 0.00 1.00 Senior Debt Analyst 1.00 0.00 1.00 Total 15.50 0.00 15.50 28 PERSONNEL ALLOCATION BY DEPARTMEI+IT-coNTINLIEa Authorized Authorized COMMUNiTYDEVELAPMENT-PLANNING 2007-OS Changes 2008-09 Administrative Assistant 1.00 0.00 1.00 Assistant City Manager 1.00 (0.60) 0.40 Assistant Planner 1.00 0.00 1.00 Associate Planner 6.00 (1.00) 5.00 Community Development Technician 0.00 4.00 4.00 Community Development Coordinator 0.00 0.50 0.50 Code Enforcement OfficerI 2.00 (2.00) 0.00 Code Enforcement OfficerII 2.00 (2.00) 0.00 Development Processing Coordinator 1.00 0.00 1.00 Director ofPlanning 1.00 0.00 1.00 Deputy Planning Director 0.00 0.75 0.75 Jun for Plann er 1.00 0.00 1.00 Office Assistant 2.00 (1.00) 1.00 Principal Planner 2.00 (1.00) 1.00 Senior Office Specialist 2.00 (1.00) 1.00 SeniorPlanner 2.00 (1.00) 1.00 Total 24.00 (4.35) 19.65 COMMiJNTTYDEVELAPMENT - BiJII..DING 8c SAFETY Administrative Assistant 1.00 0.00 1.00 Assistant City Manager 0.00 0.40 0.40 Building Inspector II 7.00 0.00 7.00 Building Inspector III 1.00 0.00 1.00 Code Enforcement OfficerI 0.00 2.00 2.00 Code Enforcement OfficerII 0.00 2.00 2.00 Community Development Technician II 1.00 (1.00 j 0.00 Community Development Technician 3.00 (3.00) 0.00 Community Development Coordinator 0.00 0.50 0.50 Deputy Director ofBuilding & Safety 1.00 0.00 1.00 Director of Building and Safety 1.00 0.00 1.00 Office Assistant 1.00 1.00 2.00 Office Specialist 2.00 (L00;) 1.00 Plan Check Coordinator 0.00 1.00 1.00 Plan Checker/Building Inspector 1.00 (1.00) 0.00 SeniorBuilding Inspector 1.00 (L00;) 0.00 Senior Office Specialist 1.00 1.00 2.00 Total 21.00 0.90 21.90 COMMUNITYDEVELAPMENT - LAND DEVELAPMENT Administrative Assistant 0.25 0.00 0.25 Assistant Engineer 3.00 (0_?0) 2.50 Associate Engineer 2.00 (0_?0;) 1.50 Deputy Director of Public Works 0.50 0.00 0.50 Director of Public Works/City Engineer 030 0.00 0.30 Engineering Tech 1.00 0.00 1.00 Junior Engineer 1.00 0.00 1.00 Office Assistant 0.83 0.00 0.83 Office Specialist 1.00 0.00 1.00 Public W orks Inspector 2.00 (0.7? j 1.25 SeniorEngineer 1.00 0.00 1.00 SeniorPublic Works Inspector 1.50 0.00 1.50 SpecialProjects Engineer 1.00 0.00 1.00 Total 15.38 (1.75) 13.63 29 PERSONNEL ALLOCATION SY DEPARTMENT-coNTINLIED Authorized Authorized 2007-08 Changes 2008-09 PUBLIC WORKS Administrative Assistant 0.50 0.00 0.50 Assistan Signal Technician 1.00 0.00 1.00 Assistant Engineer 1.00 0.00 1.00 Associate Engineer 2.00 0.00 2.00 Deputy Director of Public Works 0.50 0.00 0.50 Director of Public Works/City Engineer 0.40 0.00 0.40 Landscape Inspector 0.25 0.00 0.25 Lead Maintenance W orker 5.00 0.00 5.00 Maintenance Superintendent 1.00 0.00 1.00 Maintenance Supervisor 2.00 0.00 2.00 Maintenance Worker 6.00 0.00 6.00 Management Analyst 0.50 0.00 0.50 Office Assistant 1.84 0.00 1.84 Principal Engineer 1.00 0.00 1.00 Senior Office Specialist 1.00 0.00 1.00 Senior Public Works Inspector 0.50 0.00 0.50 Senior Signal Technician 1.00 0.00 1.00 Total 25.49 0.00 25.49 PUBLIC WORKS - CIP ADMINbSTRATION Administrative Assistant 0.25 0.00 0.25 Assessment District Specialist 1.00 0.00 1.00 Assistant Engineer 3.00 0.50 3.50 Associate Engineer 6.00 0.50 6.50 Constriction Manager 1.00 0.00 1.00 Deputy Director of Public Works 1.00 0.00 1.00 Director of Public Works/City Engineer 0.30 0.00 0.30 Management Analyst 0.50 0.00 0.50 Office Assistant 0.33 0.00 0.33 Office Specialist 1.00 0.00 1.00 Principal Engineer 2.00 (1.00 j 1.00 Property Agent 1.00 0.00 1.00 Public W orks Inspector 1.00 0.75 1.75 Senior CIP Specialist 0.75 0.00 0.75 Senior Engineer 2.00 1.00 3.00 Senior Public Works Inspector 2.00 0.00 2.00 Total 23.13 1.75 24.88 POLICE Management Analyst 1.00 0.00 1.00 Total 1.00 0.00 1.00 FIRE Administrative Assistant 1.00 0.00 1.00 Office Specialist 1.00 0.00 1.00 Senior Office Specialist 1.00 0.00 1.00 Total 3.00 0.00 3.00 General Fund Total 151.50 (x.45 j 149.05 30 PERSONNEL ALLOCATION BY DEPARTMENT-corrr><NU»D Authorized Authorized COMMUNITY SERVICES 2007-08 Changes 2008-09 PARKS AND RECREATION Administrative Assistant 1.00 0.00 1.00 Aquatics Supervisor 1.00 0.00 1.00 Cultural Arts Administrator 1.00 0.00 1.00 Custodian 1.00 0.00 1.00 Deputy Director of Community Services 1.00 0.00 1.00 Development Services Administrator 0.85 0.00 0.85 Facility Services Manager 0.00 0.50 0.50 Human Services/Teen Manager 1.00 0.00 1.00 Director of Community Services 1.00 0.00 1.00 Landscape Inspector 0.75 (0.10) 0.65 Lead Maintenance W orizer 3.40 0.00 3.40 Maintenance Superintendent 0.70 0.00 0.70 Maintenance Supervisor 0.70 0.00 0.70 Maintenance Worker 3.00 0.00 3.00 Museum Services Manager 2.00 0.00 2.00 Office Specialist 2.30 0.00 2.30 Park Ranger 2.00 0.00 2.00 Parks/Landscape Maintenance Supervisor 0.70 (0.10;) 0.60 Patron Services Coordinator 1.00 0.00 1.00 Recreation Coordinator 1.00 (1.00 j 0.00 Recreation Superintendent 1.00 0.00 1.00 Recreation Supervisor 3.00 0.00 3.00 SeniorLandscape Inspector 0.50 0.00 0.50 SeniorManagement Analyst 0.50 0.00 0.50 Senior Recreation Coordmator 1.00 1.00 2.00 TheaterManager 1.00 0.00 1.00 Theater Technical Coordmator 1.00 0.00 1.00 Theater Technical Supervisor 1.00 0.00 1.00 Total 34.40 0.30 34.70 SERVICE LEVEI, B SeniorManagement Anaylyst 0.05 0.00 0.05 31 THE ~J~ ~i ~-l ~_~ "r V LJ~ I~ I/ ~ ~ i ~ Ly INC• 1989 ~)~ Tw-nrrtaNS, NEw Ql~oaluHlnEs PERSONNEL ALLOCATION BY DEPARTMENT~CONTIxuEn SERVICE LEVEL C' Landscape Inspector 0.90 0.05 0.95 Maintenance Superintendent 0.05 0.00 0.05 Maintenance Worker 0.50 (0.10) 0.40 Office Specialist 0.30 (0.05 j 0.25 Parks/Landscape Maintenance Supervisor 0.20 0.05 0.25 SeniorLandscape Inspector 0.50 (0.15 j 0.35 SeniorManagementAnalyst 0.30 (0.10) 0.20 Total 2.75 (0.30) 2.45 SERVICE LEVEL D Development Services Administrator 0.15 0.00 0.15 Office Specialist 0.10 0.05 0.15 SeniorManagement Analyst 0.15 0.10 0.25 Total 0.40 0.15 0.55 SERVICE LEVEL L Landscape Inspector 0.10 0.05 0.15 SeniorLandscape Inspector 0.00 0.15 0.15 Lead Maintenance W orker 0.10 0.00 0.10 Maintenance Worker 0.00 0.10 0.10 Park/Landscape Maintenance Supervisor 0.10 0.05 0.15 Total 0.30 0.35 0.65 Community Services Total 37.90 0.50 38.40 32 PERSONNEL ALLOCATION BY DEPARTMENT-corlrl>~ICII~a INTERNAL SERVICE FUNDS INSURANCE Administrative Assistant Fiscal Services Manager Total Administrative Assistant DirectorofInformation Systems (.iiS Administrator (.iiS Analyst Information Systems Administrator Information Systems Specialist Senior GIS Programmer SeniorInfoimation Systems Specialist Webmaster Total Central Services Coordinator Central Services Supervisor Office Assistant Total FACILTTIES Custodian Facility Services Manager Lead Maintenance W orker Maintenance Superintendent Maintenance Supervisor Maintenance Worker Office Specialist Total Internal Service Funds Total Authorized Authorized 2007-08 Changes 2008-09 0.25 0.00 0.25 0.25 0.00 0.25 0.50 0.00 0.50 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 2.00 0.00 2.00 1.00 0.00 1.00 1.00 0.00 1.00 2.00 0.00 2.00 1.00 0.00 1.00 11.00 0.00 11.00 1.00 (1.00 j 0.00 0.00 1.00 1.00 1.00 0.00 1.00 2.00 0.00 2.00 2.00 0.00 2.00 1.00 (0.50) 0.50 0.50 0.00 0.50 0.25 0.00 0.25 0.30 0.00 0.30 0.50 0.00 0.50 0.30 0.00 0.30 4.85 (0.50) 4.35 18.35 (0.50) 17.85 33 THE~~, ~_~ ~ V ~~ ICY ~ ', ~ ~ - INC_ 1989 . )).n T~+zxnoNS, New QPPURTUNITIES PERSONNEL ALLOCATION SY DEPARTMENT-corlrlHCII~a RIDEVII.OPIVIIIII~TTT AGEPTCY Authorized Authorized 2007-08 Changes 2008-09 Administrative Assistant Director ofHousing/Redevelopment Assistant City Manager Senior Planner Management Analyst Total RIDEVII.OPA'J~NT Administrative Assistant Deputy Planning Director Director ofHousing/Redevelopment Management Analyst Total Redevelopment .agency Total TOTAL AUTHORIZID P OS TITONS 0.50 0.50 1.00 0.75 0.25 1.00 0.00 0.20 0.20 0.00 1.00 1.00 0.75 (0.75 j 0.00 2.00 1.20 3.20 0.50 (0.50 j 0.00 0.00 0.25 0.25 0.25 (0.25) 0.00 0.25 0.75 1.00 1.00 0.25 1.25 3.00 1.45 4.45 210.75 (1.00) 209.75 34 ~ ITS (3 RC~AI`I I zAT I C} 1`IAL, G HART CITIZENS OF TEMECULA cITY CO UNCI L COMMISSIONS ~ CITY MANAGER Shawn D. Nelson ASSISTANT CITY MANAGER Aaron Adams DEVELOPMENT II II ADMINISTRATION Public Works City CIerW Bill Hughes Support Services Susan W. Jones Redevelopment City Manager! John Meyer Human Resourc Grant Yates Community Services erman D. Parker Finance Genie Roberts Info Systems Tim Thorson 35 CITY ATTORNEY Peter M. Thorson COMMUNITY DEVELOPMENT ASSISTANT CITY MANAGER Bob Johnson PUBLIC SAFETY Fire Glenn Patterson Building & Safety Mark Harold Police Jerry Williams Planning Debbie Ubnoske THE ~ ~~ ~ ~U~ ~'1~'~% .r_~~, ~ ~ -- LLL LLL INC. 1989 \/ - - - °C)Li) TftAUi"EIUNS~ Nl:w (~PIK)RfUNii'IF.5" 36 CITY COUNCIL CITIZENS OF TEMECULA MICHAEL NAGGAR MARYANN EDWARDS Mayor Mayor Pro Tempore RONALD ROBERTS Council Member CHUCK WASHINGTON JEFF COMERCHERO Council Member Council Member 37 DEPARTMENT: CITY COUNCIL Program: City Council Funding Source: General Fund Actual Actual Budgeted Preliminary Expenditure Summary FY2005-06 FY 2006-07 FY 2007-08 FY2008-09 Personnel $ 116,113 $ 122,950 $ 122,331 $ 124,210 Operations & Maintenance 251,290 280,397 374,556 315,150 Capital Outlay - 12,653 6,058 - $ 367,403 $ 416,000 $ 502,945 $ 439,360 Program: Community Support Funding Source: General Fund Actual Actual Budgeted Preliminary Expenditure Summary FY2005-06 FY 2006-07 FY 2007-08 FY2008-09 Personnel Operations & Maintenance $ 691,076 $ 338,166 $ 281,400 $ 246,400 Capital Outlay $ 691,076 $ 338,166 $ 281,400 $ 246,400 Autl-orized Authorized Personnel Allocation 2007-08 Changes 2008-09 Department Total 5.00 0.00 5.00 38 PROGRAM: CITY COLJI~ICIL MISSION: The City Council is elected by the citizens of Temecula to set overall policies, legislative and otherwise, to give direction to the City Manager to ensure his effective and efficient operation of the City, and to identify the types and levels of programs and services to be provided to its residents. 2007-2008 ACCOMPLISHMENTS: ^ Adopted Noise Ordinance ^ Added eight additional police officers ^ Temecula Outreach 2007 {Public Information Effort} ^ Held three Town Hall Meetings with residents ^ Civic Center Project was approved and funded ^ Finalization of annexation proceedings for Santa Margarita Ecological Preserve • Final Analysis of Annexation Sphere of Influence Update ^ Completed Youth Master Plan ^ Commuter Survey completed ^ External Communications Sub-Committee ^ Animal Shelter Joint Powers Authority ^ LNG/CNG Station groundbreaking • Hospital approval ^ Opened Wolf Creek Fire Station GOAL 1: PROVIDE A SAFE, SECURE, CLEAN, HEALTHY, AND ORDERLY COMMUNITY BY BALANCING THE UTILIZATION OF OPEN SPACE, PARKS, TRAIL FACILITIES, QUALITY JOBS, PUBLIC TRANSPORTATION, AND ADEQUATE INFRASTRUCTURE OBJECTIVES: - Encourage recreational and educational programs for all age groups - Preserve natural resources while stimulating technology and promoting commerce - Adopt City Ordinances using sound fiscal policy - Enhance and revitalize historic areas - Adopt policies and procedures using legislative action consistent with City goals - Encourage local job creation through retention and attraction efforts GOAL 2: TO WORK COLLABORATIVELY WITH THE CITY MANAGER TO ENSURE THAT ALL CITY DEPARTMENTS OPERATE AS SMOOTHLY AND EFFECTIVELY AS POSSIBLE OBJECTIVES: - Provide clearpolicy direction to City staff in programs and services offered by the City - Entrust City Manager to provide appropriate staff development and training for the betterment of City operation - Support the City Manager to continue to identify and implement efficiencies within the Community Development process 39 DEPARTMENT: CITY COUNCIL PROGRAM: CITY COUNCIL GOAL 3: ENHANCE COMMUNICATION TO ENSURE THAT CITIZENS ARE WELL INFORMED ON COMMUNITY ISSUES OBJECTIVES: - Organize Town Hall meetings in an effort to address public issues - Maintain regular updates and accessible information on City website - Distribute City newsletters to update the community on capital projects, recreational events, and other community items of interest - Use City Council meeting intermissions to disseminate community information - Introduce content and coordinate educational government channels through local cable providers GOAL 4: IMPROVE THE CITY'S INFLUENCE IN INTERGOVERNMENTAL RELATIONS AND INTRAGOVERNMENTAL RELATIONS OBJECTIVES: - Lobby State legislators to ensure they support positions that further the City's interest - Lobby Federal legislators to obtain funds for the City's transportation needs, as well as other City priorities - Continue City Council member attendance and participation on local, regional, statewide, and national boards and commissions - Continue joint meetings with the Temecula Valley Unified School District Board so that the two governing entities are working towards common goals - Work closely with City of Temecula Commissions through joint meetings and Commissionerparticipation during Council meetings - Continue to support the Temecula Sister City Association to enhance foreign relations with Temecula's Sister Cities - Maintain cooperative working relationships with the PechangaTribe GOAL 5: EFFECTIVELY IMPLEMENT AND ADMINISTER THE GROWTH MANAGEMENT PLAN OBJECTIVES: - Continue joint meetings with the City of Mun ieta, particularly in the areas of traffic circulation and economic development - Meet regularly with Temecula Valley Unified School District on issues of mutual concern and work to develop consensus on solutions Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-OS FY 2008-09 Percent of citizen concerns responded to 96% 98% 97% 97% within three business days of receipt Number of citizen concern correspondences 200 231 200 200 addressed Number of outside organization meetings 400 520 500 500 40 DEPARTMENT: CITY COUNCIL PROGRAM: COMMUNITY SUPPORT MISSION: The Community Support Program is responsible for funding various special programs within the City, such as the Community Services Funding Program, Sister Cities Program, and other non-profit organizations. It also funds the Temecula Valley Arts Council and the Temecula Valley Playhouse providing cultural events to the community. 2007-2008 ACCOMPLISHMENTS: ^ Sponsored Susan G. Komen Race for the Cure ^ Continued support for various community service agencies ^ Supported for Rape Crisis Center ^ Support S.A.F.E. Program ^ Assisted with the student exchanges to and from both Sister Cities, Nakayama, Japan and Leidschendam-Voorburg, Netherlands ^ Successful trip to Daisen GOAL 1: FUND LOCAL NON-PROFIT ORGANIZATIONS WHICH PROVIDE THE CITIZENS OF TEMECULA CULTURAL EVENTS, NEEDED SERVICES, OR EDUCATIONAL SUPPORT FOR THE COMMUNITY Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-OS FY 2008-09 Number of organizations funded 60 41 40 40 Total funding for organizations/community $453,400 $350,750 $281,400 $246,000 Number of students funded for exchange trips to Sister Cities 10 17 17 17 41 DEPARTMENT: CITY COUNCIL THE ~ ~~ ~ ~U~ ~'1~'~% .r_~~, ~ ~ -- LLL LLL INC. 1989 \/ - - - °C)Li) TftAUi"EIUNS~ Nl:w (~PIK)RfUNii'IF.5" 42 CITY MANRCER CITY MANAGER Shawn D. Nelson ASSISTANT CITY MANAGER DEPUTY CITY MANAGER GENERAL EMERGENCY ECONOMIC HUMAN MINISTRATION MANAGEMENT DEVELOPMENT RESOURCES Public Information Preparedness ~ Business Attraction ~ Benefits Intergovernmental ~ Coordination ~ Business Retention ~ Employment Public Relations Training Marketing Training Animal Control :Emergency Operations : labor Development ~ Employee Relations Center 43 DEPARTMENT: CITY MANAGER Program: City Manager Funding Sourc e: General Fund Actual Actual Budgeted Preliminary F~cpenditureSummary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Personnel $ 773,445 $ 867,654 $ 923,953 $ 973,993 Operations & Maintenance 295,048 306,485 360,425 312,125 Capital Outlay $ 1,068,493 $ 1,174,139 $ 1,284,378 $ 1,286,118 Program: Economic Development Funding Source: General Fund Actual Actual Budgeted Preliminary F~enditure Summary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Personnel $ 286,228 $ 263,716 $ 196,064 $ 367,347 Operations & Maintenance 516,058 598,829 697,100 616,775 Capital Outlay $ 802,286 $ 862,554 $ 893,164 $ 984,122 Program: Human Resources Funding Source: General Fund Actual Actual Budgeted Preliminary F~enditure Summary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Personnel $ 322,151 $ 366,645 $ 397,019 $ 423,041 Operations & Maintenance 266,346 261,314 320,100 264,600 Capital Outlay $ 588,498 $ 627,960 $ 717,119 $ 687,641 44 DEPARTMENT: CITY MANAGER Authorized Authorized Personnel Allocation 2007-08 Changes 2008-09 CTTY MANAGER City Manager 1.00 0.00 1.00 Assistant to City Manager/HltDirector 0.50 0.00 0.50 SeniorManagement Analyst 1.00 0.00 1.00 ]~ecutive Assistant 1.00 0.00 1.00 Administrative Assistant 1.00 0.00 1.00 Total 4.50 0.00 4.50 Authorized Authorized ECONOMIC DEVII,OPMENT 2007-08 Changes 2008-09 Assistant City Manager 1.00 0.00 1.00 Associate Planner 0.00 1.00 1.00 Management Analyst 0.00 1.00 1.00 Marketing Coordinator 1.00 (1.00) 0.00 Total 2.00 1.00 3.00 Authorized Authorized HiJMANRESOURCES 2007-08 Changes 2008-09 Assistant to the City Manager/HltDirectoi• 0.50 0.00 0.50 SeniorHuman Resources Analyst 1.00 0.00 1.00 Human Resources Analyst 1.00 0.00 1.00 Human Resources Specialist 0.00 0.00 0.00 Office Specialist 1.00 0.00 1.00 Total 3.50 0.00 3.50 Department Total 10.00 1.00 11.00 45 PROGRAM: GENERAL ADMINISTRA'T10I~I MISSION: The City Manager is appointed by the City Council to serve as the Chief Administrative Officer of the organization. The City Manager's Office coordinates the implementation of policy and programs established by the City Council. The City Manager provides overall direction to the administration of City programs and services; coordinates economic development and marketing activities; inter-governmental relations, lobbying, and public relations efforts; oversees inter-departmental programs for Human Resources, strategic planning, emergency preparedness and animal control. 2007-2008 ACCOMPLISHMENTS: Customer Service rating of 90% of residents reporting the overall quality of life in Temecula as being either "excellent" or "good" as reported by True North Research, Inc. As reported by Tnie North Research, Inc. 92% of residents indicated that they were satisfied with the City's performance in providing municipal services Successfully produced Temecula Outreach Videos, website, and collateral materials Successfully negotiated Development Agreement with Professional Hospital Supply which is Temecula's largest sales tax producer Successfully negotiated Redevelopment Agency contribution with Forest City for Mall Expansion Successfully negotiated Fee Agreement with Fletcher Jones Mercedes Benz Creation and implementation of e-letters to better communicate with Temecula residents Produced and sent out four newsletters to every Temecula resident and business Testified in support of Annexation Legislation - Senate Bi11301 GOAL 1: COORDINATE THE WORK EFFORTS OF ALL CITY DEPARTMENTS TO ACHIEVE CITY COUNCIL AND COMMUNITY GOALS OBJECTIVES: - Conduct weekly staff meetings with all department directors to ensure work efforts are coordinated effectively - Conduct a retreat for department directors to establish service level and program goals - Encourage and provide resources for continued education and staff development - Respond to all citizen complaints within atimely manner GOAL 2: COORDINATE AND PRO~TDE TIIIIELY AND ACCURATE INFORMATION TO THE PUBLIC AND MEDIA REGARDING CITY EVENTS AND ACTIVITIES OBJECTIVES: - Prepare timely press releases regarding City events and activities - Conduct monthly press briefings as appropriate for dissemination of public information - Develop and publish the community newsletter - Continue to have open communication with mediaregarding City programs - Coordinate existing uses of media {website, cable, print, workshops} for the benefit of public education 46 DEPARTMENT: CITY MANAGER PROGRAM: GENERAL ADMINISTRA'T10N GOAL 3: UPHOLD THE CITY'S SUPERIOR LEVEL OF CUSTOMER SERVICE BY PR OACTIVELY SUPPORTING EMPLOYEES IN MAINTAINING POSITIVE CIT IZEN RELATIONS OBJECTIVES: - Provide training to all employees on the importance of positive customer service and public relations efforts to ensure great customer service is provided continually to all residents - Facilitate staff and City Council workshops to obtain public input regarding City projects GOAL 4: RE PRESENT THE CITY'S INTERESTS IN INTERGOVERNMENTAL AFFAIRS OBJECTIVES: - Attend monthly Western Riverside Council of Governments Technical Advisory Committee Meetings - Track legislative bills and provide support/opposition as requested or required - Encourage State and Federal legislatures to use City Hall as community resource - Encourage department directors or assigned staff to attend relevant intergovernmental meetings and report on pertinent issues - Assign staff to represent the City on the Southwest Legislative Council for the region - Assign staffto represent the City on the annual coordination of the Legislative Summit Projected Actual Projected Projected PERFORMANCE MEASURES: Fv 2onF-n~ Fv 20nF-m Fv ~on~-nR Fv ~nnR-n9 Number of legislative responses submitted 45 3 5 ~ Number of community workshops held 3 9 7 5 Number of commun ity newsletters published 2 4 4 2 47 DEPARTMENT: CITY MANAGER PROGRAM: EMERGENCY MANAGEMENT MISSION: In case of emergency, the City Manager is the Disaster Director. The mission of this program is to implement, monitor and coordinate the Standardized Emergency Management System (SEMS) and Emergency Operations Center (EOC). This program also provides overall coordination and training, and monitors the operational readiness within the various sections of the emergency management organizational structure. This program promotes increased preparedness of the City to respond to disasters. 2007-2008 ACCOMPLISHMENTS: ^ Successfully managed the 2007 Firestorm including fire evacuation shelters within the City ^ Installed WIFI service at the Community Recreation Center and Fire Station 84 to enhance communications during an emergency ^ Established a new Temecula Citizen Corps {"TCC"} location large enough to hold training sessions and meetings ^ Filled all leadership positions within the TCC • Holding more training, special events and activities formembership ^ Publicizing TCC more which has created more community awareness about the program and increased attendance at Community Emergency Response Team {"CERT"} classes ^ TCC CERT was activated during the 2007 firestorm and assisted in shelters throughout the City of Temecula ^ Completion of one CERT trailer and purchased another CERT trailer • Re-established the Neighborhood Watch Program in Temecula ^ Assisted Boy Scouts and Girl Scouts in earning Disaster Preparedness Badges ^ Applied for grant monies and received $8,600.00 for reimbursement for CERT equipment purchased by TCC ^ Conducted one EOC disaster drill and TCC disaster drills GOAL 1: ENSURE ALL CITY EMPLOYEES ARE ADEQUATELY TRAINED ON HOW TO REACT AND WHAT ROLE TO ASSUME DURINGAN EMERGENCY OBJECTIVES: - Provide employees with required National Incident Management System {NIMS} - Continue to woriz through the emergency management committee for the benefit of citywide preparation - Continue to train employees by simulating actual City disasters and cross train employees in different functions GOAL 2: INFORM/INVOLVE THE COMMUNITY IN THE CITY'S DISASTER PLANS OBJECTIVES: - Continue the citywide Temecula Citizen Corps Training Program - Coordinate with the Temecula Citizen Corps Program to develop a plan to involve homeowners' associations with disaster preparedness plans - Increase City communication during emergencies 48 DEPARTMENT: CITY MANAGER PROGRAM: EMERGENCY MANAGEMENT Projected Actual Projected Projected PERFORMANCE MEASURES: Fv ~nnF-n~ Fv ~nnF-n~ Fv ~nn~-ns Fv 2_onR-ng Number of employees trained in NIMS emergency training courses 130 310 160 150 Number ofineetings/training drills held 75 25 30 35 Number of CERT Trainings/Classes 2 2 4 5 Number ofActive Members ofTCC 400 275 300 330 49 DEPARTMENT: CITY MANAGER PROGRAM: ECONOMIC DEVELOPMEM" MISSION: The Economic Development Program is responsible for maintaining a sound and diverse economic base for business development and tourism for the City. The Economic Development partners have been a key component in Temecula's success as they have worked together with City Council and City staff. Such groups include the Southwest California Economic Alliance, Temecula Valley Convention & Visitors Bureau, Temecula Valley Chamber of Commerce, Team Riverside County and the Inland Empire Film Commission. Through these professional affiliations many partnerships have been formed, which have helped to create a strong healthy economy and enhance our exceptional quality of life. 2.00?-2.008 ACCOMPLISHMENTS ^ Abbott Laboratories -addition of two new buildings to include 395,000 sq. ft. of office, lab and manufacturing space and parking structure. Expansion will a,dd hundreds of local jobs. Abbott is the largest employer in the City of Temecula ^ Professional Hospital Supply {"PHS"} - 600,000 sq. ft. distribution center and headquarters. With the expansion, PHS anticipates a 20 to 30 percent growth in jobs over the next five years. Single largest sales tax producer and third largest employer in Temecula ^ Promenade Mall -126,000 sq. ft. expansion to include anew upscale retail outdoor lifestyle center. Ring road improvements and two parking structures ^ Fletcher Jones Mercedes -first high-end auto dealership with about 100 jobs being created. City anticipates receiving between $700,000 and $900,000 annually from Mercedes auto sales ^ John Hine Mazda- the 32,000 sq. ft. facility opened in August 2007 ^ DCH Auto Group -has made numerous upgrades to its facilities, including expanding its Honda store, creating a used car operation separate from its new car facility less than amile from main dealership ^ La Quinta Inn & Suites - 56 rooms and contributes considerable Transient Occupancy Tax to the City National Association of Industrial and Office Properties Inland Empire Bus Tour - sponsoredTemecula site tour and hosted reception at South Coast Winery WRCOG "What's Developing Bus Tour" -hosted Old Town Tour & Reception at Old Town Community Theater Concordia University -expansion of their Temecula campus to 9,456 sq. ft., and signed aten-year lease making along-team commitment of higher education Mt. San Jacinto College - signed a three-year lease in 30,000 sq. ft. offering relevant course work and articulation with other universities and Temecula Valley Unified School District California State University San Marcos {CSUSM} -Worked cooperatively with CSUSM on establishing aoff-campus center in Temecula, Cal State San Marcos at Temecula at the Paul Goldring Garrett Institute for Higher Learning. Classes will begin August 2008 to include nursing, career and professional development programs, and other personal enrichment coursework will be offered Established a SOlc{3}nonprofit Higher Education Foundation WRCOG Regional Commuter Survey -executed in June 2008 Mayor's Roundtable -Economic Development Breakfast 50 DEPARTMENT: CITY MANAGER PROGRAM: ECONOMIC DEVELOPMENT GOAL 1: DEVELOP DIVERSE ECONOMIC BASE TO INCLUDE A RANGE OF MANUFACTURING, RETAIL AND SERVICE ACTIVITIES, AND VINTNERS OBJECTIVES: A Attract new business including high tech, semi-conductor and health technology/ manufacturing, biomedical biotech, telecommunications, electronics, office, vintners, Temecula business suppliers and research and development space - Promote retail and other support activities that provide a broader selection of high quality goods and services for residents, workers and tourists, including automobiles, apparel, general merchandise, home furnishings, appliances and restaurants - Develop and adopt a Quality of Life Master Plan which will include business attraction, business retention, and workforce development components - Establish a Blue Ribbon Commission that will guide the Master Plan process in conjunction with a hired consultant. The Commission will discuss the scope and mission for the master plan. Members of the Commission will include the Economic Development Subcommittee, staffand business leaders GOAL 2: DEVELOP AND MAINTAIN AN ECONOMIC BASE THAT PROVIDES A SOUND FISCAL FOUNDATION FOR THE CITY AS WELL AS QUALITY COMMUNITY FACILITIES AND HIGH SERVICE LEVELS OBJECTIVES: - Promote Temecula as a major retail hub along Interstate 15 corridor to help lure high-end retailers and restanrants - Monitor existing businesses and remain engaged in monthly business retention and expansion efforts - Redesign and enhance the Economic Development section on City of Temecula's website - Provide site selection assistance through updated City/Alliance GIS search capabilities and demographics and personal site tours - Update economic demographic data base - Create niche marketing materials for targeted business attraction efforts GOAL 3: ESTABLISH A DIVERSE EDUCATION, TRAINING AND JOB PLACEMENT SYSTEM, WHICH WILL DEVELOP AND MAINTAIN A HIGH QUALITY WORK FORCE IN TEMECULA OBJECTIVES: - Work with colleges and universities on developing multiple higher education opportunities - Support and develop activities in higher education and skills training for excellent workforce development with the school district, local colleges and Riverside County EDA - Support job placement through City website, job databases, job fairs and posting system - Concentrated effort for job creation through business expansions and relocations with marketing partners and business and broker communities - In cooperation with the Temecula Unified School District, Temecula Chamber and Workforce Development Center encourage an increase of apprenticeship, internship and youth employment opportunities with Temecula-based business. 51 DEPARTMENT: CITY MANAGER PROGRAM: ECONOMIC DEVELOPMENT GOAL 4: DEVELOP TEMECULA AS A COMPREHENSIVE, RECOGNIZABLE TOURIST DESTINATION, WITH A RANGE OF ATTRACTIONS OBJECTIVES: - Increase the number of tourists visiting Temecula and increase attendance at all special events through the Marketing Outreach and Promotional Program - Work cooperatively with subcomittee or working group of Merchants/TemeculaVahey Convention & Visitors Bureau to establish annual programming - Promote Temecula as aprime tourist destination in cooperation with the winery industry and the Temecula Valley Convention and Visitors Bureau and special event organizations - Revitalize and enhance Old Town to expand its role in local tourism and improve its attractiveness, accessibility, and economic vitality through the development of the Children's Museum, Temecula Valley Museum, Community Theater, and special events Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-OS FY 2008-09 Number ofAlliance inquiries /web hits 46,500 100,229 46,500 100,000 Number ofAlliance /City leads 430 357 450 150 Number of retention visits 21 16 30 25 Number ofMayor's business roundtables 3 0 3 1 Number of commercial broker workshops 3 2 3 4 Number of trade shows 12 16 15 13 Number of business ad placements 6 7 7 2 Number ofbusinessresources-City/Alliance 25 18 18 12 Number of special events sponsored 8 8 7 7 Filming/Photo Shoot Leads* NIA 2,472 NIA 2,790 Filming/Photo Projects* NIA 13 NIA 9 Fihn Production Days* NIA 36 NIA 41 Fihn Industry Trade Shows`}' NIA 3 NIA 4 *Inland Empire Film Commission Report for Inland Empire 52 DEPARTMENT: CITY MANAGER PROGRAM: HUMAN RESOURCES MISSION: Human Resources is responsible for providing a comprehensive Human Resources Program throughout the City. Responsibilities of Human Resources include the administration of recruitment, selection, equal opportunity, classification, salary; employee benefits, workers' compensation, discipline, training development, employee relations, and development and implementation of administrative guidelines and personnel policies. 2007-2008 ACCOMPLISHMENTS: ^ Successfully negotiated amulti-year labor agreement with general employees ^ Provided high level of consulting and coaching services to management and general employees ^ Successfully initiated on-line applicant tracking program in coordination with Information Systems ^ Created and implemented the City's Injury and Illness Prevention Program ^ Successfully managed the City's Safety Program resulting in a decrease in the City's workers' compensation experience modification {82%} ^ Successfully managed employment, special projects and benefits • Conducted a benefit fair to educate employees ^ Provided customer service, supervisor sexual harassment and other miscellaneous safety training sessions ^ Completed another successful recognition program year GOAL 1: PROVIDE PROFESSIONAL SUPPORT TO ALL DEPARTMENTS IN THE AREAS OF RECRUITMENT, EMPLOYEE BENEFITS, WORKERS' COMPENSATION, EM PLOYEE DISCIPLINE AND LABOR RELATIONS OBJECTIVES: - Maintain asix-week recruitment processing timeline - Administer employee benefit programs to include streamlining the automation of the annual open enrollment, benefit fair and providing input to benefit providers via City Benefit Committee made up of representatives from each City department along with educational topics - Meet routinely with employee labor/management team to discuss areas of mutual interest - Performance Management {evaluation training/support, career paths, cross training, performance guidelines/goal setting, automated performance management system} - Serve as internal coaches/consultants to ensure organization is running effectively - Maintain the bulletin boards in all City facilities GOAL 2: PRO VIDE PROFESSIONAL TRAINING OPPORTUNITIES FOR EMPLOYEES OBJECTIVES: - Fully integrated training needs assessment - Proactively involve employees in training opportunities, both in-house and outside - Provide three training days per year for each City Employee - Elevate mid-managers participation 53 DEPARTMENT: CITY MANAGER PROGRAM: HUMAN RESOURCES GOAL 3: PROVIDE PROFESSIONAL GUIDANCE AND SUPPORT IN THE AREA OF EMPLOYEE MORALE FOR CITY EMPLOYEES OBJECTIVES: - Administer and improve upon employee recognition program, including quarterly luncheons - Promote "You Make the Difference" Program - Facilitate and direct Administrative Support group - Facilitate and direct Special Assignment Committee and participate in mid-managers group - Recognize public safety employees at December quarterly luncheon and Public Traffic / Safety Commission meetings GOAL 4: PR OVIDE PROFESSIONAL GUIDANCE AND SUPPORT IN THE AREAS OF WO RKERS' COMPENSATION AND SAFETY FOR CITY EMPLOYEES OBJECTIVES: - Conduct monthly employee safety meetings to implement the City's injury and illness prevention program - Conduct fire drills and safety inspections - Promote injury prevention programs - Continuous heightening of "Safety Firat" awareness by offering safety training - Administer Tailgate Safety Program - Administer Safe Driving Program Projected Actual Projected Projected PERFORMANCE MEASURES: Fv 2nnF-n~ Fv ~onF-n~ Fv ~on~-ns Fv ~onR-n9 Number of recruitments conducted 60 39 50 42 Percent of recruitments within a sip-week 90% 85% 90% 90% timeline Number of applications processed 2,500 2,236 2,000 1,800 Number of employee safety meetings 11 10 11 i l Number ofmid-management meetings 12 10 12 12 Number of training days provided per 3 3 3 3 employee Number of employees receiving recognition 75 61 55 60 awards Number of employee quarterly luncheons 4 4 4 4 Number of administrative support group 11 6 6 6 meetings Percent of evaluations processed within 85% 90% 90% 95% prescribed timeframes 54 DEPARTMENT: CITY MANAGER CITY ATTORI~IEY CITY COUNCIL CITY ATTORNEY Peter M. Thorson CITY MANAGER Shawn D. Nelson 55 DEPARTMENT: CITY ATTORNEY Program: City Ettorney Funding Source: General end Actual Actual Budgeted Preliminary F~enditureSummary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Personnel Operations & Maintenance $ 604,601 $ 681,011 $ 710,000 $ 721,300 Capital Outlay Total $ 604,601 $ 681,011 $ 710,000 $ 721,300 MISSION: The City Attorney serves as legal advisor to the City Council, City Manager, and the various City departments, commissions, committees, and boards. The City Attorney prepares and approves for legality the majority of proposed City ordinances, resolutions, contracts, and other legal documents. The City Attorney also represents the City in all litigation. GOAL 1: PROVIDE SOUND LEGAL COUNSEL TO THE CITY COUNCIL, CITY MANAGER, AND CITY STAFF, COMMISSIONS, COMMITTEES AND BOARDS ON ALL MATTERS CONCERNING THE CITY AND ADMINISTRATION OF CITY POLICY OBJECTIVES: - Render legal advice on all City matters to Council and staff in a manner that permits timely and appropriate action - Review and advise staff in a timely manner on court decisions and new laws that affect City operations - Advise and represent the City on litigation matters in a complete and timely fashion - Review all ordinances, resolutions, contracts and agreements in a complete and timely manner 56 CITY CLERK CITY CLERK / DIRECTOR OF SUPPORT SERVICES Susan W. Jones DEPUTY DIRECTOR SUPPORT SERVICES Michaela Ballreich CITY CLERK ~~ II SUPPORT ... .. ... ... ... .. ... ... ... Council Support :. ... .. ... ... . . . : ............ f :::.::.:.:: . Elections :. ... ... ... .. . . : Legislative History .. ... ... ... .. . . : • Public Information :. ... ... ... .. . . : ............ f :::.::.:::: . Records Management :. ... ... ... .. ... .........: Copy Center / • Mail Room • ............ f :::::.::.:: Reception Services .. .. ... ... .. ... ... ... .. ..: 57 DEPARTMEI+IT: CITY GLERK Program: City Clerk FYinding Source: General Rind Actual Actual Budgeted Preliminary F~CpenditureSummary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Personnel $ 665,697 $ 713,285 $ 775,888 $ 823,042 Operations & Maintenance 221,659 299,798 263,630 359,250 Capital Outlay 12,412 1,114 - - Total $ 899,768 $ 1,014,197 $ 1,039,518 $ 1,182,292 Authorized Authorized Personnel Allocation 2007-08 Changes 2008-09 City Clerk/DirectorofSupport Services 1.00 0.00 1.00 Deputy Director of Support Services 1.00 0.00 1.00 Records Manager 1.00 0.00 1.00 Administrative Assistant 1.00 0.00 1.00 Minute Clerk 1.00 0.00 1.00 Office Assistant 1.00 0.00 1.00 Office Specialist 2.00 0.00 2.00 Department Total 8.00 0.00 8.00 58 PROGRAM: CITY CLERK MISSION: To compile and maintain the official records of the City and to make them readily accessible to all; to conduct fair and impartial municipal elections; to prepare, certify, and/or adhere to public notice requirements with regard to legal documents, ordinances, resolutions, public hearings, etc.; to codify and disseminate the City's Municipal Code; to promote public awareness of the processes of government; to provide meeting, administrative, and legislative support to the Mayor, City Council Members, and its Commissions and Committees. 2007-2008 Completed 2007 Rates and Charges Mail-In Election Managed City-wide electronic agenda process Maintained complete agendas, including agenda reports, available via City's website Fully implemented the Temecula Achievement Patch Program designed to target elementary age students in learning about local government and their community Electronically scanned all agendas, minutes, resolutions, and ordinances as adopted Provided appropriate support of the timely processing of City documents to the City Council, City staff, and the community Managed a comprehensive City-wide records management program, including implementation of abar-coding system for off-site records center, and the electronic scanning ofpermanent documents, including large sized maps Made more City documents available via the Internet for public information purposes GOAL 1: PROVIDE APPROPRIATE SUPPORT TO THE CITY COUNCIL, CITY STAFF, AND THE COMMUNITY REGARDING THE TIMELY PROCESSING OF CITY DOCUMENTS OBJECTIVES: - Prepare and distribute agenda packets to the City Council at least 72 hours prior to all meetings - Record, transcribe, and finalize meeting minutes in a timely manner for City Council, Temecula Community Services District, Redevelopment Agency, Temecula Public Financing Agency, Planning Commission, Public/Traffic Safety Commission, and the Old Town Local Review Board - Provide timely processing of ordinances and resolutions within one week of adoption - Process contracts and agreements within ten days of City Council action GOAL 2: CONTINUE THE YOUTH IN GOVERNMENT PROGRAM UTILIZING ALL THREE HIGH SCHOOLS OBJECTIVES: - Work in conjunction with the school district to select 20 senior advanced placement government students to participate in the program - Hold a mock election and choose Youth City Council Members. - Establish a job shadow for City Council Members, Department Directors and key staff - Develop a "mock" City Council Meeting for students to participate as their designated City official 59 DEPARTMEI~IT: CITY CLERK PROGRAM: CITY CLERK GOAL 3: ADI4IINISTER A COMPREHENSIVE RECORDS MANAGEMENT PROGRAA4 OBJECTIVES - Continue the scanning of permanent records such as City Council Agendas, minutes, resolutions, ordinances, and agenda packets immediately upon adoption - Provide updated training on the usage of Laser fiche and other electronic tools utilized in the City Clerk's Office - Ensure proper implementation of technology to ensure efficient records retrieval and archiving - Continue to provide excellent customer service by handling all records requests within a ten day period - Provide additional records via Web-link technology to enhance review of public documents viathe Internet PERFORMANCE MEASURES: Average time for distribution of Council packets before meetings Average time to finalize meeting minutes Average processing of ordinances and resolutions from time of adoption Average processing of contracts from time of City Council action Projected FY 2007-OS Actual FY 2007-OS Projected FY 2008-09 Projected FY 2008-09 96 hours 9b hours 96 hours 96 hours 4 weeks 4 weeks 4 weeks 4 weeks 6 days 6 days 6 days 6 days 6 days 6 days 6 days 6 days 60 DEPARTMEI~IT: CITY CLERK FIAIAI+ICE DIRECTOR OF FINANCE Genie Roberts ASSISTANT FINANCE DIRECTOR Jason Simpson FINANCE OPERATIONS AccountsI Payable ' 1.......... Accounts Receivable l Payroll ...........1.......... General Ledger Maintenance FINANCE MANAGEMENT Operatingg Budget 1.......... : Financial Reporting Cash & Investments :Contract Administration ................... Community Facilities : ..................... Debt Financing FINANCE SUPPORT SERVICES Gus Papagolos CapitalImprovement Program Budget Risk Management J.......... PurchlIasing ....1.......... Business Licensing 1 Cashiering Grant Administration 61 DEPARTMENT: FINANCE Program: Finance Funding Source: General Fund Actual Actual Budgeted Preliminary F~enditureSummary F'Y2005-06 F'Y2006-07 F'Y2007-08 F'Y2008-09 Personnel $ 1,340,713 $ 1,502,163 $ 1,609,516 $ 1,711,370 Operations & Maintenance 401,321 457,576 541,403 566,685 Capital Outlay 5,000 - - - $ 1,747,034 $ 1,959,739 $ 2,150,919 $ 2,278,055 Personnel Allocation Direct or of Fin an c e Assistant Finance Director Fiscal Services Manager Revenue Manager Accounting Manager SeniorAccountant SeniorDebt Analyst Accountant Administrative Assistant Accounting Specialist Purchasing CoordmatorII Purchasing Coordmator Business License SpecialistlCashier Accounting Assistant Department Total Authorized Authorized 2007-08 Changes 2008-09 1.00 0.00 1.00 1.00 0.00 1.00 0.75 0.00 0.75 1.00 0.00 1.00 1.00 0.00 1.00 0.00 0.00 0.00 1.00 0.00 1.00 1.00 0.00 1.00 0.75 0.00 0.75 4.00 0.00 4.00 0.00 1.00 1.00 1.00 (1.00) 0.00 2.00 0.00 2.00 1.00 0.00 1.00 15.50 0.00 15.50 62 PROGRAM: FINANCE OPERATIONS AND MANAGEMENT MISSION: The Finance Operafions and Management Program is responsible for managing the City's financial operafions in accordance with established fiscal policies. Primary responsibilities include cash and investment management, financial reporting, preparafion of the Annual Operating Budget, internal audit, payroll, accounts payable and receivable, financial oversight, and administration of all City funds and accounts. Additionally, the Department administers thepublic safety contracts of Police and Fire. 2007-2005 ACCOMPLISHMENTS: ^ Received Award for Excellence from the Government Finance Officers (GFOA) in financial reporting for the City's Comprehensive Annual Financial Report (CAFR) ^ Received awards from CSMFO and GFOA for excellence in operational budgeting for the City's fiscal year 2007-2008 ^ Bond Finance to include COP (Civic Center) and RDA TABS. The City issued debt to construct a parking structure at the Promenade Ma11 and to constrict a new Civic Center ^ Sphere of Influence Fiscal Model -Stag' completed a comprehensive fiscal impact report covering seven major and potential annexation areas, as well as to satisfy a requirement by LAFCO to study the entire sphere ^ GASB 45 - Ca1PERS. City sta$'completed a study and establishment of an irrevocable mist that achieved 100% funding of the Ciry actuarially accrued liability GOAL 1: PROVIDE COMPREHENSIVE AND METICULOUS GENERAL ACCOUNTING SYSTEMS TO ENSURE THE CITY OF TEMECULA MAINTAINS A SOUND FINANCIAL CONDITION OBJECTIVES: - Manage the investment portfolio with the safety of principal as the primary objective, and return on investment as the secondary objective, while maintaining liquidity to meet the City's obligations - Provide timely and accurate check runs for accounts payable and processing ofpayroll - Provide timely and accurate financial reports, including the CAFR to the decision makers and operating departments - Continue to prepare the CAFR, obtain an unqual~ed audit opinion, and comply with the CSMFO and GFOA award criteria GOAL 2: PROVIDE A SOUND FINANCIAL PLAN FOR THE CITY THROUGH THE BUDGET PROCESS OBJECTIVES: - Continue to utilize the five-year financial plan to determine the future impact of proposed programs and capital improvement projects to ensure long term fiscal stability - Prepare an Annual Operating Budget which complies with the CSMFO and GFOA award criteria 63 DEPARTMENT: FINANCE PROGRAM: FINANCE OPERATIONS AND MANAGEMENT GOAL 3: PROVIDE CONTRACT COORDINATION AND OVERSIGHT OF THE CITY'S POLICE AND FIRE SERVICES CONTRACTS WITH RIVERSIDE COUNTY OBJECTIVES: - Negotiate annual service contracts that provide the highest level of services to the City Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-08 FY 20009 Percentage of bank reconciliations performed 100% 100% 100% 100% before the close of the subsequent month Invoices processed per year 15,700 16,000 16,500 18,000 Payroll checksfdirect deposits processedper 6,500 6,500 6,600 6,900 year CSMFO and GFOA award winning CAFR 1 1 1 1 documents prepared with unqualified opinions Management letter comments as a result of 0 0 0 0 City's annual audit CSMFO and GFOA award winning operating 1 1 1 1 budgets prepared 64 DEPARTMENT: FINANCE PROGRAM: FINANCE SUPPORT SERVICES MISSION: The Finance Support Services Program is responsible for the preparation of the Capital Improvement Program (ClP) budget document, risk management, purchasing, business licensing, grant administration, and other Finance Support related projects. 2007-2008 ACCOMPLISHMENTS: ^ Received the Award of Excellence in capital budgeting from the California Society of Municipal Finance Officers (CSMFO} for the 2007-08 Capital Improvement Program Budget ^ Upgraded existing HdL Business License system to provide for automated on-line renewals with the Internet ^ Upgraded Claims /Litigation process ^ CDBG -received allocations totaling $2.1 million to fund public service programs and to construct a new gymnasium for the Boys & Girls Club GOAL 1: PROVIDE A COMPREHENSIVE CAPITAL IMPROVEMENT PROGRAM (CIP) FOR THE CITY THROUGH THE CIP BUDGET PROCESS OBJECTIVES: - Prepare a CIP budget document in accordance with the CSMFO award criteria - Work collaboratively with departments individually and in workshops to ensure completeness and consistency throughout the CIP process GOAL 2: MINIMIZE CITY LL4BILITY THROUGH THE PROPER ADMINISTRATION OF THE RISK MANAGEMENT PROGRAM OBJECTIVES: - Conduct quarterly= and as-needed field inspections of right-of--ways and parks with the 1nSU1'aI1CF C3II'1F I'tiLOSS COntY01 adII11I11titI'atOI' - Review all Certificate of Insurance documents naming the City as an additional insured, and review all labor, material, and performance bonds for surety admittance to the State of California - Conduct a preliminary review of all claims within ten calendar days of receipt - Actively participate in monthly Safety Committee meetings - Update the Risk Management Policy and Safety Manuals GOAL 3: ENSURE A CUSTOMER SERVICE ORIENTED PURCHASING OPERATION WHICH PROVIDES SUPPORT FORALL CITY PURCHASES OBJECTIVES: - Process 90% of all purchase requests within 48-hours of receipt - Use California Multiple Award Schedules to streamline the purchasing time line and take advantage of competitive pricing - Frequently update and train staff on contract requirements for professional services, maintenance and construction agreements - Assist staff in the preparation and review of Requests for Proposals (RFP} and Requests for Qualifications (RFQ} 65 DEPARTMENT: FINANCE PROGRAM: FINANCE SUPPORT SERVICES GOAL 4: PROVIDE AN EFFECTIVE BUSINESS LICENSE PROGRAM WHICH ENCOURAGES 100% PARTICIPATIONBY CITY BUSINESSES OBJECTIVES: - Process 90 percent of all new license applications within five working days - Process 95 percent of all business license renewals by February 28th each year - Coordinate administrative action with Code Enforcement for businesses that do not have an active Business License - Quarterly review business license and sales tax data to identify businesses that do not have a sales permit number Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-OR FY 20009 Number of business licenses issued 7,300 7,400 7,500 8,500 Percent of business license applications 95% 95% 95% 95% processed within five working days Percent of business license renewals 97% NIA 98% 98% processed by February 29th Number of purchase orders processed 3,400 NIA 3,600 4,800 Percent of purchase orders processed within 98% NIA 100% 100% 48-hours of receipt Percent of claims processed within ten days of 100% 100% 100% 100% receipt 66 DEPARTMENT: FINANCE COMMUNITY DEVELOPMENT ASSISTANT CITY MANAGER Bob Johnson DIRECTOR OF PLANNING Debbie Ubnoske DIRECTOR OF DEPUTY DIRECTOR OF BUILDING & SAFETY PUBLIC WORKS Mark Harold Dan York CURRENT ADVANCED PERMIT BUILDING LAND PLANNING PLANNING CENTER SERVICES DEVELOPMENT Development : ' ~ General Plan 'Permit Issuance : Plan Review/ Permits Review :Check Processing: ................ ................ ................ Ordinance ... ... P......... Ins action .............. .Public Information: ~ Development Public Information: ~ Services ~ ~ Plan Checks CEQA ~ CEQA ~ ~ Code Enforcement :Map Recordation . Management Management ................ Development Agency Review ~ Ins action P Plan Review 67 DEPARTMENT: COMMUNITY DEVELQPMENT Program: Planning Funding Source: General Fund Actual Actual Budgeted Preliminary F~CpenditureSummary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Personnel $ 2,262,898 $ 2,289,847 $ 2,660,150 $ 2,061,637 Operations & Maintenance 857,476 987,462 1,386,791 1,082,120 Capital Outlay 7,108 - - - $ 3,127,482 $ 3,277,309 $ 4,046,941 $ 3,143,757 Program: 73uildmg and Safety Funding Source: General Fund Actual Actual Budgeted Preliminary F~Cpenditure Summary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Personnel $ 1,968,496 $ 2,024,421 $ 1,964,238 $ 2,311,008 Operations & Maintenance 883,534 770,309 694,700 902,877 Capital Outlay - - - - $ 2,852,030 $ 2,794,719 $ 2,658,938 $ 3,213,885 Program: Land Development Funding Source: General Fund Actual Actual Budgeted Preliminary F~enditiu•eSummary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Personnel $ 1,362,600 $ 1,471,978 $ 1,649,387 $ 1,419,077 Operations &Maintenance 562,975 696,565 406,660 292,850 Capital Outlay $ 1,925,575 $ 2,168,543 $ 2,056,047 $ 1,711,927 68 DEPARTMENT: COMMUNITY DEVELQPMENT Authorized Authorized Personnel Allocation 2007-08 Changes 2008-09 PLANNING Administrative Assistant 1.00 0.00 1.00 Assistant City Manager 1.00 (0.60) 0.40 Assistant Planner 1.00 0.00 1.00 Associate Planner 6.00 (1.00) 5.00 Community Development Technician 0.00 4.00 4.00 Community Development Coordinator 0.00 0.50 0.50 Code Enforcement OfficerI 2.00 (2.00) 0.00 Code Enforcement OfficerII 2.00 (2.00) 0.00 Development Processing Coordinator 1.00 0.00 1.00 Direct or of Plann ing 1.00 0.00 1.00 Deputy Planning Director 0.00 0.75 0.75 Jun for Plann er 1.00 0.00 1.00 Office Assistant 2.00 (1.00) 1.00 Prin cip al Plann er 2.00 (1.00) 1.00 Senior Office Specialist 2.00 (1.00) 1.00 Sen for Plann er 2.00 (1.00) 1.00 Department Total 24.00 (4.35) 19.65 BL7II..DING 8c SAFETY Administrative Assistant 1.00 0.00 1.00 Assistant City Manager 0.00 0.40 0.40 Building InspectorII 7.00 0.00 7.00 Building Inspector III 1.00 0.00 1.00 Code Enforcement OfficerI 0.00 2.00 2.00 Code Enforcement OfficerII 0.00 2.00 2.00 Community Development Technician II 1.00 (1.00) 0.00 Community Development Technician 3.00 (3.00) 0.00 Community Development Coordinator 0.00 0.50 0.50 Deputy Director ofBuilding & Safety 1.00 0.00 1.00 Director ofBuilding and Safety 1.00 0.00 1.00 Office Assistant 1.00 1.00 2.00 Office Specialist 2.00 (1.00) 1.00 Plan Check Coordinator 0.00 1.00 1.00 Plan Checker/ Building Inspector 1.00 (1.00) 0.00 SeniorBuilding Inspector 1.00 (1.00) 0.00 Senior Office Specialist 1.00 1.00 2.00 Department Total 21.00 0.90 21.90 LAND DEVELOPMENT Administrative Assistant 0.25 0.00 0.25 Assistant Engineer 3.00 (0.50) 2.50 Associate Engineer 2.00 (0.50) 1.50 Deputy Director of Public Works 0.50 0.00 0.50 Director of Public Works/City Engineer 0.30 0.00 0.30 Engineering Tech 1.00 0.00 1.00 Jun for Eng in a er 1.00 0.00 1.00 Office Assistant 0.83 0.00 0.83 Office Specialist 1.00 0.00 1.00 Public Works Inspector 2.00 (0.75) 1.25 SeniorEngineer 1.00 0.00 1.00 SeniorPublic Works Inspector 1.50 0.00 1.50 Special Projects Engineer 1.00 0.00 1.00 Department Total 15.38 (1.75) 13.63 69 PROGRAM: CURRENT PLANNING MISSION: The Current Planning Program provides a variety of planning services to the community, including reviewing and processing of development proposals for conformance with City policies and regulations and implementation of the California Environmental Quality Act (CEQA). The Current Planning Division also includes the City's Permit Center which provides the City's building permitting function, distribution of plans for review by other agencies or City departments; issuing building permits after plans are completed and corrected; and, issuing certificates of occupancy. In addition, staff provides support to the Planning Commission and City Council and assists the general public and development applicants with planning information and application processing. 2007-2008 ACCOMPLISHMENTS ^ Planning Commission and City Council approved Professional Hospital Supply project ^ Old Town V isioning project ^ Planning Commission and City Council approved new Temecula Regional Hospital EIR and planning entitlements in response to Court judgment overturning original approvals ^ Planning Commission and City Council approval and construction started on the Promenade Mall Expansion • Amendment to the Harveston Specific Plan Development Agreement to allow for a new Mercedes-Benz dealership GOAL 1: UPDATE THE OLD TOWN SPECIFIC PLAN OBJECTIVES: - Amend the Specific Plan to implement the ten recommendations resulting from the Old Town V isioning Process - Prepare and adopt detailed Design Guidelines for the Old Town Specific Plan area to assist developers to ensure high quality development - Adopt a parking management strategy to effectively manage existing public and private parking lots and develop a strategy for increasing the parking supply as needed in the future - Prepare an Environmental Impact Report GOAL 2: SOUTHERN CORRIDOR (TEMECULA PARKWAY/PECHANGA PARKWAY) STUDY AND PROGRAM EIR OBJECTIVES: - Staff has identified approximately 175 acres of undeveloped private land along Temecula Parkway and Pechanga Parkway. Preparation of a program EIR to analyze area wide environmental impacts, especially traffic, would provide for a more comprehensive view and strategy to address traffic impacts in this area of the City. In addition, this strategy complies with CEQA guidelines, re-emphasizes General Plan goals, sets maximum trip generation for each property, and reduces upfront costs and time delays to developers. 70 DEPARTMENT: CQMMUNITY DEYELC~}PMENT PROGRAM: CURRENT PLANNING GOAL 3: IMPLEMENT AVAILABLE TECHNOLOGIES TO ASSIST IN DAY-TO-DAY OPERATIONS INCLUDING IMPLEMENTATION OF THE PLANNING COMMISSION AGENDAS THROUGH SIRE OBJECTIVES: - Develop new reports through Permits Plus to measure permit processing performance - Investigate other mailable technology that may further assist the department - Implement Planning Commission Agendas through SIRE Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-OS FY 2008-09 Number of public hearing cases submitted 73 77 72 72 Number ofpre-application meetings scheduled 17 20 20 20 Number of "fast track" projects 5 5 5 5 71 DEPARTMENT: CQMMUNITY DEYELC~}PMENT PROGRAM: ADVANCED PLANNING MISSION: The Advanced Planning Division is responsible for a variety of long term planning issues affecting the community, including implementation and maintenance of the City's General Plan and Municipal Code, preparation of special land use studies, and utilization of vital demographic and geophysical information. This program also provides support services to other departments/agencies and develops special projects in response to City Council direction. Additionally, this Division provides a variety of planning services to the community, including review of development proposals of neighboring jurisdictions, monitoring regional agencies and programs, and coordinating with outside agencies to protect the quality of life within the City of Temecula 2007-2008 ACCOMPLISHMENTS ^ Completed a General Plan Land Use Map amendment which corrected land uses on more than 170 parcels throughout the City and a Community Design Element GPA ^ Prepared an Environmental Impact Report for the Santa Margarita Annexation Area ^ Submitted a Draft Housing Element Update to the Department of Housing and Community Development ^ Completed twenty-two environmental reviews for City and regional projects, including a Mitigated Negative Declaration for the new Civic Center ^ Created and adopted the City's first Noise Ordinance ^ Participated in creating two Non-Smoking Ordinances ^ Coordinated amulti-agency effort to bring a Transit Oriented Development to the area ^ Began development of a Sustainable City/Green Development Program ^ Processed Municipal Code updates, amendments and performed routine maintenance GOAL 1: DEVELOP AND IMPLEMENT A COMPREHENSIVE ESCARPMENT PRESERVATION PLAN OBJECTIVES: - Complete an acquisition strategy to facilitate the purchase of desirable Open Space parcels - Partner with the Resource Conservation Authority to preserve habitat values for select parcels GOAL 2: UPDATE THE GENERAL PLAN LAND USE ELEMENT AND LAND USE MAP REGARDING RURAL PRESERVATION POLICIES FOR NICOLAS VALLEY OBJECTIVES: - Prepare aLand Use Plan that meets the needs of residents and preserves antral lifestyle - Initiate preliminary steps for Assessment District formation for paving existing dirt roads - Prepare a Draft Community Plan to revitalize neighborhoods within the Nicolas Valley Rural Preservation Area 72 DEPARTMENT: CQMMUNITY DEYELC~}PMENT PROGRAM: ADVANCED PLANNING GOAL 3: DEVELOP A SUSTAINABLE CITY/GREEN DEVELOPMENT PROGRAM OBJECTIVES: - Monitor AB 32 and participate theimplementation of this program - Establish a Green Building Program GOAL 4: COMPLETE THE SANTA MARGARITA AREA ANNEXATION OBJECTIVES: - Certify the Environmental Impact Report - Obtain approval from Riverside County Local Agency Foixnation Commission to annex the site 73 DEPARTMENT: CQMMUNITY DEYELC~}PMENT PROGRAM: BUILDING SERVICES MISSION: The Building Services Program is responsible for enforcing the City's Building and Safety Codes; performing plan checks on construction documentation to ensure that project proposals meet City Codes; distributing plans for review by other agencies or City departments; issuing building permits after plans are completed and corrected; completing final inspections; and, issuing certificates of occupancy. The program also performs special inspections; implements certain state laws, such as the California Disabled Access Regulations; is responsible for updating Building and Codes required by the State of California Including local amendments); provides guidance to the general public and development community regarding the Uniform Building Codes and project applications; and, is responsible for inspections of private development projects, construction within the public right-of-way exclusive of capital projects, and erosion control enforcement. 2007-2008 ACCOMPLISHMENTS: ^ The Building & Safety Department has coordinated our front counter handouts with the City website to reflect the new International Code requirements ^ On January 1, 2008, Building and Safety adopted the 2007 California Building Codes published by the International Code Council ^ Issued 1,734 building permits ^ Performed 36,892 building inspections GOAL 1: AUTOMATE INSPECTIONS AND UPGRADE DATA COLLECTIONS USING ACCELA WIRELESS TABLETS. OBJECTIVES: - This automation will improve the data collection for time and type of inspections resulting in more qualified information that can assist the department on staffing and workload distribution decisions GOAL 2: TIME ACCOUNTING OBJECTIVES: - Building & Safety staff will conduct a time accounting evaluation to provide accurate information of the service provided for each type of permit by activity which will provide a more accurate picture of actual costs to provide service for future fee studies, staffing levels and specialty positions requirements GOAL 3: AUTOMATION OF EXPIRED PERMIT AND CERTIFICATE OF OCCUPANCY PROGRAMS OBJECTIVES: - Utilizing Permits Plus programming, these functions will be streamlined and have greater consistency - A paperless certificate of occupancy process will improve Community Development Department efficiency and automatically convert noncompliant cases into code cases GOAL 4: CROSS TRAINING BETWEEN BUILDING DEPARTMENT AND CODE ENFORCEMENT INSPECTION GROUPS OBJECTIVES: - Code Enforcement's placement into Building and Safety Department allows for a comprehensive cross training program as well as the efficiency resulting from the combined personnel resources 74 DEPARTMENT: CQMMUNITY DEYELC~}PMENT PROGRAM: BUILDING SERVICES GOAL 5: GREEN BUILDING OBJECTIVES: - Building and Safety will take an active role in support of the development of a sustainable building program that will see a significant increase in energy efficiency PERFORMANCE MEASURES: Initial plan reviews within 12 working days Residential plan re-reviews within 5 to 7 working days Commercial plan re-reviews within 7 to 10 working days Combination building inspections performed "Bonus" inspections performed which were not requested Certificates of Occupancy inspections performed Workshops provided for active developers within the City Projected Actual Projected Projected FY 2006-07 FY 2006-07 FY 2007-OS FY 2008-09 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 2,371 3,700 2,750 2,950 279 191 170 175 3 3 3 3 75 DEPARTMENT: CQMMUNITY DEYELC~}PMENT PROGRAM: CODE ENFORCEMENT MISSION: The Code Enforcement program is responsible for a variety of implementation, maintenance and enforcement through the standards of the City of Temecula Municipal Code. The program works close with city and local agencies for the improvement and preservation of all neighborhoods throughout the City. The services and processes in these responsibilities provide the City and its citizens in residential neighborhoods and in commercial and industrial neighborhoods, a clean attractive environment. The Code Enforcement program has proactively provided assistance to the general public regarding City Municipal Codes. 2007-2008 ACCOMPLISHMENTS: ^ Implemented use of Accela Wireless for all Code Enforcement Officers ^ Developed new reports to monitor and manage investigation process ^ Improved internal and external customer service by improving case documentation and record keeping practices ^ Administrative Citation training completed by our City Attorney ^ Improved illegal sign removal efforts with creation of weekend Code Enforcement team GOAL 1: PROVIDE COMPREHENSIVE ENFORCEMENT TO ENSURE NEIGHBORHOOD PRESERVATION OBJECTIVES: - Maintain a two day response time for addressing citizen generated concerns - Provide complete reporting for all cases and work at achieving compliance to close all cases in 90 days or less - Inventory all neighborhoods for open and vacant buildings to ensure a safe and attractive environment GOAL 2: PROVIDE AN EFFECTIVE CITYWIDE WEED ABATEMENT PROGRAM OBJECTIVES: - Manage the Citywide Weed Abatement Program and complete timely reporting of those activities Confirmation of Weed Abatement cost assessments for timely property tax roll recording GOAL 3: IMPLEMENT AVAILABLE TECHNOLOGIES TO ASSIST IN DAY TO DAY OPERATIONS OBJECTIVES: - Develop new standard notice letters to be sent addressing compliance for most, if not all, violations - Investigate other available technology to enhance and further assist the staff in becoming more effective in their work performance 76 DEPARTMENT: CQMMUNITY DEYELC~}PMENT PROGRAM: CODE ENFORCEMENT PERFORMANCE AlEASURES Number of code enforcement concerns responded to within three working days Percent of complaints contacted at the close of cases Percent of weed abatement activities commenced by May 1st Percent of resource information made available to the public within 24-hours Projected FY 2006-07 Actual FY 2006-07 Projected FY 2007-OS Projected FY 2008-09 4,400 4, 417 9,000 10,500 100% 100% 100% 100% 100% 100% 100% 100% 100% 10 % 100% 100% 77 DEPARTMENT: CQMMUNITY DEYELC~}PMENT PROGRAM: LAND DEVELOPMENT MISSION: The Land Development Division provides a variety of public services related to engineering, review and construction observation to ensure all private land development and subdivision activity within the City is designed and completed to the highest of public standards. 2007-2008 ACCOMPLISHMENTS: Processed residential and commercial improvement plans and subdivision maps Provided field inspection of grading, street, underground utilities and onsite improvements for all private projects in the City Improved access to plans and documents by scanning all plans, maps and documents to Lase~che, mapping storm drain systems as a GIS layer, and providing public access to standard drawings, notes, agreements and related ordinances via the City website All Land Development and CIP plans scanned {22,900 sheets}; 80% of LD report files scanned; 65% of CIP, and 95% of remaining LD report files prepared and ready for scanning Provided inspection and enforced compliance of NPDES and FEMA programs Wolf Creek Development -inspection services and engineering oversight for the completion of Temecula Lane, Pechanga Channel, six-acre park site and 254 home sites; project is 69% complete Harveston Development -provided inspection services and engineering oversight for the completion of Ynez Road, Date Street, Senior Center, and 271 home sites; project is 95% complete Provided inspection and engineering oversight for the completion of 22 custom homes and 79 tract homes Roripaugh Ranch - Muirieta Hot Springs Road, Roripaugh Valley Road and Fiesta Ranch Road are base paved with utilities in place; Butte~eld Stage Road and Loop Road are base paved; two bridges on Butterfield Stage Road and Loop Road bridge are complete; panhandle tracts are rough graded with 60% of streets paved; Community Center is complete Temecula Parkway Corridor -provided inspection services and engineering oversight for the completion of the Temecula Creek Plaza {offices and stores}, Temecula Creek Villages {offices, stores and condominiums}, Butterfield Square, Butterfield Station, Altura Credit Union, Margarita Professional Building, Episcopal Church, Summerhouse Condominiums, Redhawk Pavilion, Rehawk Tire & Car Wash Abbott Campus and Pedestrian Bridge V erizon Fiber Optic - completed a two year project to provide high-speed Internet and television service to residents and commercial business throughout the City; project provided service to over 44,000 residents Old Town -provided inspection services and engineering oversight for the completion for the Dalton II & III; Chaparral Expansion Commercial and Industrial -provided inspection services and engineering oversight for the completion the Overland Corporate Center, DCH Honda, John Hine Mazda, Marriott Fai~eld Inn, Spring Hill Suites, Jefferson Avenue Inn, Temecula Corporate Center, Calvary Baptist Church, and First Presbyterian Church Temecula Regional Mall Expansion -provided inspection services and engineering oversight for the east parking garage, ring road, infrastructure utilities; west parking garage is under construction 78 DEPARTMENT: CQMMUNITY DEYELC~}PMENT PROGRAM: LAND DEVELOPMENT GOAL 1: PROVIDE OVERSIGHT, REVIEW AND GUIDANCE OF PRIVATE LAND DEVELOPMENT ACTIVITIES FOCUSED ON COMPLIANCE WITH CITY, STATE AND FEDERAL STANDARDS AND POLICIES OBJECTIVES: - Review, update and standardize development review policies, procedures, and guidelines with supporting checklists - Provide public access to development review policies, procedures, guidelines, standards, and checklists on the City's website - Deliver thorough and timely development review comments in accordance with adopted policies, procedures, and guidelines - Amend Grading, Erosion & Sediment Control Ordinance and Improvement Standard Drawings in compliance with 2007 California Building Code GOAL 2: PROVIDE THE HIGHEST LEVEL OF PUBLIC ASSISTANCE AND QUALITY CU STOMER SERVICE TO THE DEVELOPMENT COMMUNITY OBJECTIVES: - Refine intra-department coordination through the Permits Plus Work Flow Program - Maintain monthly plan check status reporting through the SQL Reports Program - Increase public and staff accessibility of land development documents through the LaserFische scan/catalog process - Provide development review plan check within three weeks of submittal and subsequent plan checks within two weeks - Provide encroachment permits within one week of complete application and routine encroachment permits, such as driveway, blanket utility, and cum cores, over the counter - Provide inspections within 24-hours of inspection request - Develop and implement a comprehensive Community Development Project Tracking System available on the City's website - Provide public access to recorded maps and approved documents via the City's website GOAL 3: UP DATE THE CITY'S FLOODPLAIN LIMITS AND PRIORITIZE A DRAINAGE NE EDS IMPROVEMENT PROGRAM OBJECTIVES - Analyze Federal Emergency Management Agency {FEMA} Flood Insurance Rate Maps {FIRM}, and identify unmapped areas within the City - Coordinate with Riverside County Flood Control on existing and future regional drainage facility improvements needs - Maintain a Master List of Drainage Improvement Needs that identifies implementation costs and possible funding mechanisms 79 DEPARTMENT: CQMMUNITY DEYELC~}PMENT PROGRAM: LAND DEVELOPMENT Projected Actual Projected Projected PERFORMANCE MEASURES: F v 2onF-n~ Fv ~nn~n~ Fv ~on~-nR Fv ~nOR-n4 Documents scanned into LaserFiche 3,000 3,430 6,100 4,600 Legal Docs/TractlParcel maps reviewed 47 48 56 35 Grading/Improvement plans reviewed 700 533 278 153 Grading/Encroachmentperrnits issued 550 760 459 275 Permit inspection within 24-hours of 100% 100% 100% 100% request First plan check turnaround time 3 weeks 3 weeks 3 weeks 3 weeks Subsequent plan checks turnaround time 2 weeks 2 weeks 2 weeks 2 weeks Map changes turnaroundtime 2 weeks 2 weeks 2 weeks 2 weeks D evelopment review turnaround time 2 weeks 2 weeks 2 weeks 2 weeks Use permits turnaround time 1 week 1 week 1 week 1 week 80 DEPARTMENT: CQMMUNITY DEYELC~}PMENT PUBLIC ~tflRKS DIRECTOR OF PUBLIC WORKS Bill Hughes DEPUTY DIRECTOR OF PUBLIC WORKS /CITY ENGINEER Dan York DEPUTY DIRECTOR CAPITAL IMPROVEMENT PR( Greg Butler MAINTENANCE TRAFFIC ADMINISTRATION CAPITAL PROJECTS LAND ENGINEERING SPECIAL PROJECTS ADMINISTRATION DEVELOPMENT P M : TrafficlSafe Ty : ityl ounci C i i Project Development p i avement anagement Commission oord nat ng ts . erm COrunittees.....: Signing/Striping Traffic Census :Non-CIP Design Projects: : Grant ApplitaUOn Plan Checks : Development Review Tree Trimming :Traffic Device Inventory: :Other Agency Review :Plans & Specifications : Map Recordation Weed Abatement Speed Surveys Personnel :Requests for Proposalsl: :Development Inspection: Administration Public Bidding .................... Drainage Channelsl .............9 ....... ~ Traffic Si nal ~ ..................... Monitor Response ..................... Construction : ..................... FEMA ProjlFloodplan Catch Basins : ~ Maintenance ~ Projects Management : : Administration : Special Events Traffic Signal Timing :Construction Inspection: Bond Administration Traffic Analysis ~ Assessment I CFD ~ NPDES Compliance 8 Graffiti Removal ~ Investigation ~ Districts Inspections ' Contract Administration: ;Public Service Requests: Development Plans Review & Conditions public Service Requests: : Traffic Detour Plans : .................... Emergency Service Response 81 DEPARTMEItIT: PUBLIC WORKS Program: Public Works Funding Sourc e: General Fund Actual Actual Budgeted Preliminary F~Cpenditure Summary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Personnel $ 2,099,345 $ 2,320,430 $ 2,517,200 $ 2,576,417 Operations & Maintenance 3,153,580 3,728,301 5,043,351 3,779,506 Capital Outlay 21,518 18,663 119,186 - $ 5,274,443 $ 6,067,394 $ 7,679,737 $ 6,355,923 Program: CIP Administration Funding Source: General FYind Actual Actual Budgeted Preliminary F~enditureSummary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Personnel $ 2,115,434 $ 2,218,490 $ 2,458,651 $ 2,608,152 Operations & Maintenance 291,893 317,098 386,600 394,900 Capital Outlay - - 5,000 - $ 2,407,327 $ 2,535,588 $ 2,850,251 $ 3,003,052 Authorized Authorized Personnel Allocation 2007-OS Changes 2008-09 PUBLIC WORDS Director of Public Works/City Engineer Deputy DirectorofPublic Works Principal Fng in eer Associate Engineer Maintenance Superintendent Assistant Engineer Maintenance Supervisor Management Analyst Landscape Inspector Administrative Assistant Senior Signal Technician Assistant Signal Technician Lead Maintenance Worker Maintenance Worker Senior]?ublic Works Inspector Senior Office Specialist Office Assistant Total 0.40 0.00 0.40 0.50 0.00 0.50 1.00 0.00 1.00 2.00 0.00 2.00 1.00 0.00 1.00 1.00 0.00 1.00 2.00 0.00 2.00 0.50 0.00 0.50 0.25 0.00 0.25 0.50 0.00 0.50 1.00 0.00 1.00 1.00 0.00 1.00 5.00 0.00 5.00 6.00 0.00 6.00 1.00 0.00 1.00 0.50 0.00 0.50 1.84 0.00 1.84 25.49 0.00 25.49 82 DEPARTMEI~IT: PUBLIC WORKS Authorized Authorized PUBLIC WORKS - CIP ADMINISTRATION 2007-08 Changes 2008-04 Administrative Assistant 0.25 0.00 0.25 Assessment District Specialist 1.00 0.00 1.00 Assistant Fngineei• 3.00 0.50 3.50 Associate Engineer 6.00 0.50 6.50 Constriction Manager 1.00 0.00 1.00 Deputy Director of Public Works 1.00 0.00 1.00 Director of Public Works/City Engineer 0.30 0.00 0.30 Management Analyst 0.50 0.00 0.50 Office Assistant 0.33 0.00 0.33 Office Specialist 1.00 0.00 1.00 Principal Engineer 2.00 (1.00) 1.00 Property Agent 1.00 0.00 1.00 Public Works Inspector 1.00 0.75 1.75 SeniorC]P Specialist 0.75 0.00 0.75 SeniorFngineer 2.00 1.00 3.00 SeniorPublic Works Inspector 2.00 0.00 2.00 Total 23.13 1.75 24.88 Department Total 48.62 1.75 50.37 83 PROGRAM: MAINTENANCE MISSION: The Maintenance Program is responsible for all maintenance activities associated with the City's streets, drainage facilities, traffic control devices, street trees and parkways, graffiti removal, weed abatement, stenciling/striping, pothole patching, and service order requests. 2007-2008 ACCOMPLISHMENTS: ^ Planted new street trees throughout residential neighborhoods under the "Trees for Temecula" tree-planting program ^ Provided support for various special events sponsored by the City ^ Provided emergency response through the Public Works "After-Flours Ca11-Out Program" ^ Maintained 800 miles of public right-of--way, including related drainage systems, tree trimming, graffiti removal, and weed abatement ^ Completed 70,000 square feet of pavement repairs ^ Cleaned 2,500 catch basins GOAL 1: PROVIDE A RESPONSIVE AND COMPREHENSIVE MAINTENANCE PROGRAM TO MEET THE NEEDS OF THE CITIZENS AND ENSURE PUBLIC SAFETY OBJECTIVES: - Respond to all service order requests within a 24-hour period - Ensure service requests requiring emergency repairs are completed within 48-hours - Remove gra$iti within a 24-hour period - Administer a Pavement Management System that addresses a minimum of 85% of all pavement projects - Re-stencil Citywide street legends twice peryear - Continue improvement of routine and major maintenance programs - Monitor and improve the storm drain systems in compliance with the National Pollutant Discharge Elimination System (NPDES) - Upgrade response and field procedures for emergency situations Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-08 FY 2008-09 Number of service order responses 1,000 507 1,050 1,000 Number of legends stenciled 2,300 2,200 2,400 2,300 Number of street signs replaced 900 783 850 850 Square feet of graffiti removed 100,000 95,350 100,000 100,000 Square feet of sidewalks/cufi/gutters repaired 18,000 13,500 18,000 18,000 Miles of City streets slurry sealed 28 18 32 20 Street trees planted 100 244 100 100 84 I3EPARTMENT: PUBLIC VYORKS PROGRAM: TRAFFIC ENGINEERING MISSION: The Traffic Engineering Program is responsible for all daily traffic related operations and safety issues as well as future transportation planning and circulation management plans. This program is responsible for the collection and analysis of traffic volumes, accident reports, speed studies, traffic device inventories, maintenance and timing of existing traffic signals, and establishing future traffic signal priorities. 2007-2008 ACCOMPLISHMENTS ^ Using the CCTV cameras, monitored traffic signal coordination conditions on the City's arterials from City Ha11 and implemented temporary traffic signal timing to modify signal operation in the event of traffic incidents and provided response assistance to Police Department, Public Works, and CIP ^ Installed and upgraded traffic signal communication equipment at various locations to improve traffic signal coordination on City arterials including wireless communication along Temecula Pacizway ^ Installed and upgraded traffic signal equipment at various intersections to improve traffic signal operation and optimize the operation of the intersection ^ Refined and implemented traffic signal coordination timing plans for 13 intersections along the Rancho California Road corridor between Business Park West and Margarita Road ^ Implemented traffic signal coordination timing plans for 15 intersections along the Temecula Parkway corridor between Old Town Front Street and Butte~eld Stage Road ^ Installed an upgraded battery back-up system on Winchester Road and Temecula Parkway ^ Changed existing overhead street name signs from State Route 79 to Temecula Parkway at 12 intersections, and overhead street name signs were replaced with illuminated street name signs ^ Surveyed and reaffirmed posted speed limits on the City's arterials ^ Implemented geometric improvements at various locations to mitigate traffic circulation ^ Installed traffic signals and multi-way stop signs at various locations to improve traffic safety • Collected traffic data at numerous intersections to improve traffic signal coordination timing and improve traffic circulation along City arterials ^ Provided technical assistance for special events to ensure mitigation measures were implemented to enhance safety and traffic circulation ^ Conducted traffic investigations related to citizen concerns and implemented appropriate action ^ Performed review of traffic signal operation related to citizen concerns and implemented appropriate action ^ Revised City's Neighborhood Traffic Calming Program policies and added traffic calming measures to the program to enhance neighborhood traffic safety ^ Implemented temporary traffic control measures to educate motorists and enhance neighborhood traffic safety ^ Performed the review of traffic signal plans, signing and striping plans, skeet improvement plans, traffic control plans, and development site plans ^ Performed the review of traffic impact analysis reports for proposed developments 85 I3EPARTMENT: PUBLIC VYORKS PROGRAM: TRAFFIC ENGINEERING GOAL 1: CONTINUE TO EXPAND THE CITY'S INTELLIGENT TRANSPORTATION SYSTEM (ITS) NETWORK OBJECTIVES: - Install additional CCTV cameras to monitor traffic conditions and signal operations on the City's major arterials to improve circulation - Develop traffic signal timing plans that will respond to congestion and provide incident management along the City's arterial corridors - Install additional hardwire and wireless traffic signal communication equipment to monitor traffic signal operation and improve progression along the City's arterial corridors GOAL 2: PR OVIDE AN EXCEPTIONAL TRAFFIC SIGNAL MAINTENANCE PROGRAM OBJECTIVES: - Enhance the responsiveness to traffic signal operation issues - Conduct routine maintenance and identify preventative measures - Monitor the City's intersections and respond to traffic congestion issues in a timely manner - Maintain the City's Traffic Signal System to ensure that traffic signals and synchronization system are operating properly and providing optimal circulation GOAL 3: PR OACTIVELY MITIGATE POTENTIAL TRAFFIC CIRCULATION ISSUES TH ROUGH TRANSPORTATION PLANNINGAND REVIEW PROCESS OBJECTIVES: - Review all development projects, site plans and traffic impact studies to assess private development impacts and identify mitigation measures - Develop Traffic Impact Analysis Guidelines to assist in the preparation of traffic impact reports - Maintain citywide traffic census program to identify traffic circulation patterns and develop growth management strategies GOAL 4: ENSURE OPTIMAL TRAFFIC CIRCULATION THROUGHOUT THE CITY BY MONITORING CONDITIONS AND IDENTIFYING AREAS OF CONCERN OBJECTIVES - Conduct timely investigation of traffic incidents to identify preventative measures - Maintain the City's Traffic Signal System to ensure the traffic signals and synchronization systems are operating properly and providing optimal circulation - Monitor City activities and special events to ensure public and traffic safety mitigation measures are implemented - Develop and implement traffic signal coordination timing plans as necessary to ensure progression along the City's major arterials - Work closely with the Public/Traffic Safety Commission to improve traffic safety and enhance efficiency 86 I3EPARTMENT: PUBLIC VYORKS PROGRAM: TRAFFIC ENGINEERING Projected Actual Projected Projected PERFORMANCE MEASURES: Fv 2~OOF-07-n7 Fv 2onF-n7 FY 2007-OR FV 200R-09 Citizen generated traffic investigations 70 157 70 160 Work orders resulting from investigations 50 54 50 50 Days to complete traffic investigations 10 10 10 10 Traffic signal operation investigations NA 234 230 250 Number of traffic/construction plans reviewed 350 237 250 250 Days to complete plan reviews 10 7 10 10 Number of traffic census locations monitored 150 150 160 160 Number of traffic signals installed 7 3 5 3 Signalized intersections maintained 105 105 118 118 Traffic signals reviewed for timing 100% 100% 100% 100% 87 I3EPARTMENT: PUBLIC VYORKS PROGRAM: ADMINISTRATION AND SPECIAL PROJECTS MISSION: The Administration and Special Projects Program is responsible for assisting all Public Works Divisions in meeting performance goals and objectives by fostering an organizational environment that encourages a commitment to teamwork. This Division provides for the coordination with other agencies and organizations involved in transportation, flood control, sanitary sewer, water distribution, State/Federal funding opportunities, air quality, and congestion management. The Division also tracks operating and project budgets and coordinates all programs within the Public Works Department. 2007-2008 ACCOMPLISHMENTS: ^ Awarded $132,000 in Senate Bill 821 funding for the Santa Gertrudis PedestrianBicycle Bridge Project ^ Awarded $31,545,000 in State Transportation Improvement Program {STIP} Augmentation funds for construction of the future French Valley Parkway/Interstate- 15 Overcrossing and Interchange Project ^ Applied for $45,000,000 in 2009 Measure A Regional Arterial Program funding for the future French Valley Parkway/Interstate-15 Overcrossing and Interchange Project ^ Completed the fiscal year 2008-2012 five year Measure A Local Streets and Roads Capital Improvement Plan and Maintenance of Effort with the Riverside County Transportation Commission {RCTC} to ensure Measure A Funding is available for a variety of projects throughout the City ^ Submitted update to RCTC for the 2008 Regional Transportation Improvement Program {RTIP} to properly identify and secure funding for the City's Federal and State funded projects ^ Completed the annual update to Riverside County Flood Control regarding the City's contributions to the MurrietaCreek Restoration Project ^ Submitted Annual Amendment of the City's Disadvantaged Business Enterprise (DBE} Race-Neutral Implementation Agreement to the State in accordance with Title 49 of the Code of Federal Regulations Part 26 ^ Executed additional Transportation Uniform Mitigation Fee {TUMF} agreements securing $1,438,000 in funding for various TUMF eligible projects GOAL 1: MAINTAIN ACTIVE PARTICIPATION IN REGIONAL GROUPS TO ENSURE COMPLIANCE WITH FEDERAL AND STATE MANDATES 88 I3EPARTMENT: PUBLIC VYORKS PROGRAM: ADMINISTRATION AND SPECIAL PROJECTS OBJECTIVES: - Attend monthly Riverside County Transportation Technical Advisory Committee and Western Regional Council of Governments Technical Advisory Committee to ensure participation in all federal grant programs - Coordinate with the Riverside County Transportation Commission {RCTC} to maintain the Regional Transportation Improvement Program {RTIP} for the administration of federal and state funding for Public Works projects - Communicate with federal agencies to ensure conformance with federally mandated regional policies - Participate in the Water Planning Task Force, various Santa Margarita Watershed groups, and the Joint Temecula/MurrietaTraflic Committee - Coordinate with the Western Riverside Council of Governments {WRCOG} concerning the implementation and monitoring of the Transportation Uniform Mitigation Fee {TUMF} - Continue to update the City's Disadvantaged Business Enterprise {DBE} Program in accordance with Title 49 of the Code of Federal Regulations Part 26 GOAL 2: PROVIDE A CENTRALIZED SUPPORT CENTER TO ENSURE THE EFFICIENT ADMINISTRATION OF ALL PUBLIC WORKS FUNCTIONS OBJECTIVES: - Provide leadership by representing various programs to the public, City Council, department heads and other public agencies - Evaluate program policies and procedures to ensure operational plan meets stated goals and refine and articulate the department vision and values - Process requests for information within 72-hours - Negotiate and close property acquisitions, easements and agreements for capital projects Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-08 FY 2008-09 Council agendas prepared/processed 250 175 250 200 Public Traffic/Safety Commission agendas 75 23 75 25 prepared/processed Number of contracts/agreements awarded 85 80 90 90 Number of contracts/agreements administered 126 126 130 130 Public Records Requests 208 200 220 220 89 I3EPARTMENT: PUBLIC VYORKS PROGRAM: NPDES COMPLIANCE MISSION: The National Pollutant Discharge Elimination System (NPDES) division is responsible for assuring that the City of Temecula is in full compliance with the Municipal Separate Storm-Sewer System (MS4) permit issued by the Regional Water Quality Control Board. The permit requires the City to eliminate illegal discharges into any storm water conveyance system from active construction sites, existing commercial and industrial businesses, residential neighborhoods, and municipal activities. In addition, proposed projects are required to incorporate pollution elimination controls into design plans. 2007-2008 ACCOMPLISHMENTS: ^ Effectively worked with staff from various cities, counties, utility districts, flood control districts, Resource Conservation districts, Bureau of Reclamation, Department of Fish & Game, Army Corps of Engineers, RWQCB, and environmental groups to effectively address local and watershed-wide policies and practices to comply with various NPDES permits and other State regulations ^ Effectively managed the permit inspection requirements for construction projects, existing businesses, municipal activities and facilities, non-point source illicit discharges, and dry-weathermonitoring ^ Effectively managed the permit training requirements for the inspection programs listed above, including training for the new post-development runoff {WQMP} requirements ^ Reviewed numerous Erosion and Sediment Control plans, SWPPPs, and WQMPs for private developments and municipal projects ^ Effectively managed the progress of the City's GIS-based inventory of storm water conveyance systems {catch basins, storm drains, improved channels, Blue-Line watercourses, etc.} to comply with the permit ^ Effectively worked with in-house staff to generate or modify policies, standards, fee recovery schedules, project approval processes, etc. ^ Provided the most current NPDES information on the City's wedsite for developers, engineers, contractors, residents, and business owners ^ Generated the annual report for the SDRWQCB, quarterly progress reports for the Public Works Director, and applicable NPDES information for in-house staff ^ Active member in various technical committees and watershed groups, including the Technical Advisory Committee {TAC} for the SMR MS4 Order, Technical Advisory Group {TAG} for the SMR TMDL Investigative Order, Executive Management Team {EMT} for the SMR Watershed modeling effort GOAL 1: ENSURE THAT THE CITY CONTINUES TO SUCCESSFULLY COMPLY WITH ALL CONSTRUCTION, BUSINESS, AND MUNICIPAL INSPECTION COMPONENTS OF THE PERMIT 90 I3EPARTMENT: PUBLIC VYORKS PROGRAM: NPDES COMPLIANCE OBJECTIVES: - Continue implementing the City's inspection programs to ensure that point-source discharges from constriction sites, existing commercial and industrial businesses, and municipal facilities and activities are in compliance with the City's permit - Continue implementing the City's illicit discharge detection program to ensure that non- point source discharges are systematically reduced within the City - Continue updating the City's MS4 map to maintain current stone water drainage system information - Continue providing quick responses to Service Order Requests {SORB} - Continue promoting the NPDES Program and ensuring successful relationships between the City and the community GOAL 2: ENSURE THAT THE CITY CONTINUES TO SUCCESSFULLY COMPLY WITH THE "NEW DEVELOPMENT" COMPONENT OF THE PERMIT OBJECTIVES: - Maintain active enforcement of the WQMP requirements for all developments meeting the permit criteria - Continue to review WQMPs, and guide developers and engineers in designing BMP trains consisting of site, source, and treatment controls into project plans GOAL 3: ENSURE THAT THE CITY CONTINUES TO SUCCESSFULLY COMPLY WITH THE WATERSHED COMPONENT OF THE PERMIT, INCLUDING THE NEW TMDL INVESTIGATIVE ORDER OBJECTIVES: - Continue partnership with principle permittee in managing watershed-wide elements of the City's MS4 permit - Continue working with the SMR stakeholders to address the new area-wide TMDL Investigation Order issued by the Regional Board on July 19, 2006 Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-08 FY 2008-09 Construction Inspections 2,752 2,965 3,277 2,500 Business Inspections 400 500 500 550 WQMPs reviewed 22 25 20 20 E and S Plans reviewed 30 70 60 50 SORB completed 37 41 60 80 MS4 map updates- • CBs mapped 1,784 1,964 2,000 2,000 • Stonrrdrains mapped 108 miles 112 miles 120 miles 120 miles 91 I3EPARTMENT: PUBLIC VYORKS PROGRAM: CAPITAL IMPROVEMENT PROGRAM ADMINISTRATION MISSION: The Capital Improvement Program provides high quality engineering and management services to develop, design, and construct circulation, infrastructure, park, and redevelopment projects identified in the City's Capital Improvement Program. 2007-2008 ACCOMPLISHMENTS: ^ Maintenance Facility/Field Operations Center -completed constriction of the 17,000 sq. ft. maintenance facility and corporation yard ^ Old Town Infrastnrcture Project /Town Square, Mercedes and Main Streets -started constriction of a civic plaza, street improvements and pavement rehabilitation ^ Old Town Civic Center -completed light grading site preparation and demolition of two buildings ^ Old Town Infrastructure Project /Underground Utilities -started construction to underground overhead utility lines including power, telephone, and cable television ^ Old Town Infrastructure Project /Parking Structure, Office and Retail -completed design of three story parking structure to accommodate 380 parking spaces and integral office/retail shells ^ Pechanga Parkway Phase II -obtained Federal environmental clearance, finalized all ROW needs and started construction of full width street improvements including widening, pavement rehabilitation, curb & gutter, storm drain systems, medians, landscape and irrigation, and traffic signals ^ Diaz Road Realignment to Vincent Moraga -completed constriction realignment of Diaz Road including new roadway, raised medians, curb and gutter, drainage system, traffic signal, landscaping and irrigation ^ Rancho California Road Widening /Old Town Front Street to Interstate 15 -completed constriction of one additional eastbound lane and one additional left turn pocket including a retaining wall, traffic signal modifications, landscaping and irrigation ^ Pavement Rehabilitation / De Portola Road -completed design for rehabilitation of pavement between Jedediah Smith Road and Margarita Road and upgrade drainage system ^ Murrieta Creek Multi-Purpose Trail -started construction of new park improvements between Diaz Road and Murrieta Creek, including multi-use trails, benches, hardscape, landscaping and irrigation ^ Business Pariz Drive /Rancho California Road Traffic Signal -completed construction of modifications to the intersection geometry, installation ofnew traffic signals, and roadway striping ^ Temecula Community Center Expansion -completed grading necessary to add 3,653 square feet of office and meeting space ^ Roller Hockey Rink -completed replacement of dasher boards at the Ronald Reagan Sports Park Roller Rink ^ Interstate-15 Sign Replacement -completed construction which added "Temecula Parkway" to Highway 79 South signs on the Interstate-15 freeway, and replace street name signs with the "TemeculaParkway" on Highway 79 South within the City limits ^ Citywide Concrete Repairs -completed two projects which repaired curb, gutter, and sidewalks at various locations 92 I3EPARTMENT: PUBLIC VYORKS PROGRAM: CAPITAL IMPROVEMENT PROGRAM ADMINISTRATION ^ Slurry Seal Program -completed application of rubberized slurry seal to residential streets in the Paloma del Sol and Mea,dowview neighborhoods ^ French Valley Parkway /Interstate-15 Over-Crossing and Interchange Improvements Phase I -continued preparation of plans and specifications to construct anew southbound off-ramp, auxiliary lane, improvements to the existing southbound off-ramp at Winchester Road, and portions of the French Valley Parkway ^ French Valley Parkway /Interstate-15 Over-Crossing and Interchange Improvements Phase 2 -made significant progress towards completion of the Initial Study with Proposed Mitigated Negative Declaration /Environmental Assessment, Project Report, and New Connection Report and initiated relocation activities with two existing businesses ^ PedestrianBike Bridge Over Santa Gertrudis Creek -continued preparation of plans and specifications to construct a new bridge over Santa Gertrudis Creek connecting Chaparral high School and the City Trail System ^ Pavement Management Program -initiated update of Citywide database used to develop and implement cost-effective pavement maintenance treatments and strategies ^ Main Street Bridge Over Murrieta Creek {Replacement} -continued preparation of plans and specifications to replace the existing bridge ^ Temecula Park and Ride -continued preparation of plans and specifications to construct a new facility at the corner of Temecula Parkway and La Paz Street ^ Interstate-15/Temecula Parkway Ultimate Interchange Project - completed public circulation of the Draft Initial Study /Proposed Negative Declaration, and initiated negotiations with consultant firm for preparation of plans and specifications to reconfigure the southbound ramps, modify the northbound ramps, and revise the lane configuration on Tem ecula Parkway ^ Ronald Reagan Sports Park Channel Silt Removal and Desiltation Pond -completed and adopted the Initial Study /Mitigated Negative Declaration ^ Butterfield Stage Road Extension Beltway Project -acquired easements and right of way on two parcels needed for future street improvements (widening of} Butte~eld Stage Road GOAL 1: DEVELOP SOUND CAPITAL IMPROVEMENT PLAN OBJECTIVES: - Prepare accurate project cost estimates and schedules - Identify funding sources and forecast revenues - Assimilate 5-year plan to deliver projects based on priorities, funding forecasts, estimated costs, estimated schedules, and available staffing 93 I3EPARTMENT: PUBLIC VYORKS PROGRAM: CAPITAL IMPROVEMENT PROGRAM ADMINISTRATION GOAL 2: IMPLEMENT THE CAPITAL IMPROVEMENT PLAN OBJECTIVES: - Ensure compliance with environmental law - Use good engineering practices and employ sound decision making - Develop "biddable and buildable" constriction plans and specifications - Advertise, award, and administer contracts in accordance with the Public Contract Code - Provide thorough inspections - Make safety of the public and construction workers top priority - Ensure ahigh quality, final product GOAL 3: GU ARANTEE QUALITY ASSURANCE/QUALITY CONTROL OBJECTIVES: - Maintain up-to-date accounting of project budget and schedules - Utilize individual expertise and proficiency - Employ a reliable system of checks and balances - Establish clear policies and procedures - Regularly disseminate lessons learned GOAL 4: PR OVIDE EXCELLENT CUSTOMER SERVICE OBJECTIVES: - Provide complete information and sound recommendations to decision makers - Coordinate with other City departments - Consider the goals and objectives of outside agencies and utility companies - Improve citizen satisfaction by soliciting input, responding quickly to inquiries, minimizing disruption during construction, and providing good public relations Projected Actual Projected Projected PERFORMANCE MEASURES: ¢ FY 2006-07 FY 2006-07 FY 2007-OS FY 2008-09 Total capital project costs incurred $50,000,000 $45,000,000 $49,000,000 $65,000,000 Percent of projects com pleted within budget 95% 95% 95% 95% Percent of projects com pleted on schedule 95% 95% 90% 90% *Totals include Community Facilities District/AssessmentDrstrict projects 94 I3EPARTMENT: PUBLIC VYORKS PC7LICE POLICE CHIEF Jerry Williams POLICE LIEUTENANT Scot Collins INVESTIGATIONS / SPECIAL TEAMS Detectives ...........I..........~ :Street Enforcement Unit: POLICE LIEUTENANT Keith Price ADMINISTRATION Volunteers .. .........I.......... CAP Prrogram .. .........I.......... AdministratliveSupport: .. .........I.......... :Special Event Planning POLICE LIEUTENANT Jeff Kubel TRAFFIC /CITY School Resource UniU YIAT .. .........I.......... Traffic Unit POLICE LIEUTENANT Terry Meadows PATROL SERVICES I PROMENADE MALL/ SCHOOLS PaVOI lOHicers ...........I..........~ K•9 Ollfficer ...........I..........~ ' PatrollCSO's ...........I..........~ Mall Officers 95 DEPARTMEI+IT: POLICE Program: Police Funding Source: Genera.l~nd Actual Actual Budgeted Preliminary Expenditure Summary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Personnel $ 155,980 $ 184,317 $ 187,181 $ 191,325 Operations & Maintenance 16,039,613 17,386,658 20,028,131 21,243,179 Capital Outlay 185,312 114,989 127,473 8,000 $ 16,380,905 $ 17,685,965 $ 20,342,785 $ 21,442,504 Authorized Authorized Personnel Allocation 2007-08 Changes 2008-09 POLICE Management Analyst 1.00 0.00 1.00 Department Total 1.00 0.00 1.00 96 PROGRAM: POLICE ADMINISTRATION MISSION: Police Administration is comprised of dedicated professional officers and it is committed to reaching out to the citizens we serve. In this ever-changing society, this department strives to maintain the highest level of training and expertise in dealing with new arising issues. It is a community police department, working closely together with the citizens of Temecula as well as our surrounding neighbors with the integrity and professionalism they deserve. Police Administration works in partnership with the City Manager, other departments, and City Council in order to enhance the quality of life in our community. 2007-2008 ACCOMPLISHMENTS: OBJECTIVES: Increased police training to bring staff into compliance with P.O.S.T. standards ^ Supported the addition of a second City Police Lieutenant to handle patrol operations ^ Supported the addition of five additional patrol officers and one Gang Task Force Officer ^ Added three Automated License Plate Recognition Systems to City patrol units, to allow officers to quickly identify vehicles involved in criminal activity ^ Tracked and monitored zone deployment program to increase and ensure efficiency GOAL 1: PROVIDE A COMPREHENSIVE LAW ENFORCEMENT PROGRAM TO ENSURE A SAFE ENVIRONMENT FOR TEMECULA'S RESIDENTS THROUGH THE USE OF VOLUNTEERS AND UPDATED TRAINING OBJECTIVES: - Maintain and enhance positive relations between police managers and businesses in the Retail Zone District - Expand volunteer groups through recruitment programs to further enhance community involvement - Continue to work on the expansion of in-house training of officers Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-OS FY 2008-09 P.O.S.T. Training Compliance 100% 100% 100% 100% Number of Trainees 20% 3% 15% N/A* *No added personnel for fiscal year 2008-09 97 DEPARTMENT: PC)LICE PROGRAM: PATROL SERVICES MISSION: Personnel assigned to Patrol Services typically provide first response to law enforcement related public safety calls for service, maintain safety and order in the community, and conduct minor follow-up investigations. Patrol staff are assigned to one of three specific zones and are responsible for reducing crime by utilizing community oriented policing and problem-solving strategies, including on-going interaction with community members and the development of programs designed to eliminate or reduce identified problems. 2007-2008 ACCOMPLISHMENTS: ^ Retail Zone officers, along with Zone one officers, improved communications with business owners to address criminal activity and reduce crime ^ Identified, assessed, and developed response plans to community concerns within each zone ^ Reduced officer response times to priority one calls as a result of implementing the signal preemption system for the city patrol units ^ A graffiti tracking program was developed to provide patrol officers and special teams vital information regarding locations, monikers, and gang activity ^ School Resource Officers interacted and mentored students, developed relationships, and provided immediate response to administrative concerns of criminal activity on and near school campuses GOAL 1: ENSURE EFFECTIVE AND EFFICIENT LAW ENFORCEMENT IN THE COMMUNITY OBJECTIVES: - Integrate Retail Corridor Zone {Zone 1-R}, including the Promenade Mall and surrounding businesses, into a function within Patrol Services in order to reduce incidence of crimes, provide more consistent service to the entire Retail Zone, and improve exchange of information between officers assigned to the Retail Zone and other Zone 1 Officers - Continue reducing response times to priority 1 and 2 calls for service - Develop more defined programs relating to the deterrence of loitering, vandalism and graffiti at City parks and other areas impacted by these types of activities - Reduce crime statistics to place Temecula in the top 100 safest cities of similar population in the Country Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-08 FY 2008-09 Number of general patrol officer hours 160 165 205 210 provided per day Response time for Priority 1 calls 6 minutes 4.91 4.5 minutes 4.0 Response time for Priority 2 calls 9 minutes 7.25 6.30 minutes 6.00 98 DEPARTMENT: PC)LICE PROGRAM: SPECIAL ENFORCEMEI~YT' TEAM MISSION: The primary focus of the Special Enforcement Team involves the aggressive targeting and monitoring of known and identified offenders living within the boundaries of the City and surrounding areas. These offenders include those on parole, probation, sex and drug registrants, and identified gang members. Historical data has consistently shown that criminal recidivism is high among these groups and the Team's goal is to proactively target these individuals through parole/probation searches, surveillance, and high-visibility directed patrol enforcement to prevent them from gaining a foothold in the community and impacting the quality of life through their criminal activity. The Unit also oversees the Crime Free Multi-Housing Program among the City's apartment complexes. 2007-2008 ACCOMPLISHMENTS: ^ Restructure and re-naming of the unit to Special Enforcement Team ^ Focus on quality-of--life issues in addition to previously stated mission ^ Conducted operations in coordination with ABC to bring licensed providers of alcohol into compliance with state laws and city codes ^ Numerous operations conducted in coordination with Gang Task Foi•ce and Southwest Narcotics Task Force ^ Sex offender registration near 100% compliance ^ SET is working closely with the newly formed Sexual Assault Felony Enforcement Team (SAFE) to monitoring registered sex offenders GOAL 1: ENSURE EFFECTIVE AND EFFICIENT LAW ENFORCEMENT IN THE COMMUNITY OBJECTIVES: - Severely impact the supply and availability of controlled substances within the City of Temecula and Southwest County area - Identify, monitor and target high-risk parolees, probationers, and sex registrants living within the City and surrounding areas - Continued 100% compliance of sex, narcotic, and gang registrants - Coltaboratively work with the Southwest Corridor Narcotic Task Force and the Temecula/Murrieta Gang Task Force to target known or identified offenders PERFORMANCE MEASURES: On-Sight Felony Arrests On-Sight Misdemeanor Arrests Felony Warrants Served Misdemeanor Warrants Served Search Warrants Parole Searches Probation Searches Projected FY 2006-07 Actual FY 2006-07 Projected FY 2007-08 Projected FY 2008-09 41 150 100 60 78 277 150 150 38 96 75 50 25 53 50 50 10 NIA 30 25 28 NIA 75 80 78 NIA 150 100 99 DEPARTMENT: PC)LICE PROGRAM: INVESTIGATIONS UNIT MISSION: The Investigations Unit conducts follow-up investigation of initial reports handled by Patrol Services. Periodically, at the direction of the Chief of Police, they will also conduct special investigations fi•om the on set to conclusion in order to maintain confidentiality of the investigations. The Investigations Unit is comprised of a Crimes Against Persons Division and a Crimes Against Property Division. However, investigators from either division may be called upon periodically to assist or act as a lead investigator in order to speed up the investigative process. The primary focus of the Unit is to take initial investigations where there are leads, suspect information, or additional necessary interviews that cannot be accomplished by Patrol Services Personnel, and conduct the necessary steps to complete the investigation, and when warranted, forward the completed investigation to the District Attorney's Office for prosecution. 2007-2008 AC COMPLISHME NT S ^ Arrested two individuals responsible for over 100 residential burglaries, recovering over $1,000,000 worth of stolen property ^ Formulated and implemented robbery suppression program ^ Certified Fraud Specialist identified and arrested suspect responsible for $960,000 in embezzled funds {successful prosecution} ^ Computer Forensic Expert investigations led to high profile arrests of Internet predation suspect and stalking/arson suspect ^ Solved string of armed robberies in the City that resulted in arrest of three subjects in Las Vegas ^ Solved bank robbery conspiracy case in City and six suspects identified; awaiting prosecution ^ Successful airest/prosecution of child annoyance suspect {1l victims involved} • Conducted 16 community business education seminars ^ Successful assignment of Domestic Violence Investigator to work with DV Unit {Grant funded} ^ Collaborated with Crime Analyst to identify specific crime patterns within the City and implemented programs to proactively seek out offenders based on the crime data ^ January 2007 to present, assigned 872 cases with approximately 80% case closure rate GOAL 1: PROVIDE EFFECTIVE AND EFFICIENT INVESTIGATION OF CRIMINAL VIO LATIONS OBJECTIVES: - Train a second investigator in computer forensics whose emphasis will focus on Internet predation - Train a second investigator to become a Certified Fraud Specialist - Upgrade existing interview recording equipment to digital format - Conduct high-quality investigations that result in successful prosecution of criminal violators - Continue public and commercial education regarding on-going regional crime trends - Continue using Domestic Violence Investigator if grant funding is not renewed 100 DEPARTMENT: PC)LICE PROGRAM: INVESTIGATIONS UNIT Projected Actual Projected Projected PERFORMANCE MEASURES: Fv 2nnF-n~ Fv 2onF-n~ Fv ~on~-ns Fv ions-n9 Case closure rate 80% 77% 80% 85% Open case average per detective 25 23 25 20 Number of community seminars conducted 13 16 15 17 101 DEPARTMENT: PC)LICE PROGRAM: TRAFFIC TEAM MISSION: The Traffic Division provides enhanced enforcement of traffic laws, issuance of citations and collision investigations throughout the City of Temecula. The Traffic Division has been incorporated into Zone Policing and conducts enforcement, investigations, and programs geared toward accomplishing the goals of Zone Policing. Collision Investigations range from non-injury to fatal and involve the use of accident reconstruction investigators. The officers assigned are highly trained in accident investigation, use of radar, and the detection of drivers under the influence of narcotics or alcohol through the use of high proPde enforcement techniques and public education. The team also conducts sobriety checkpoints and weekly DUI and ABC enforcement programs. The program also focuses on various alcohol-related offenses involving minors and includes presentations at local schools. Traffic is also responsible for the coordination of 15 special events in the City, with an operating budget for special events of $100,000. 2007-2008 ACCOMPLISHMENTS: ^ Implemented Electronic Handheld Citation Units ^ Implemented Handheld Collision and DUI Documentation Report Writers ^ Conducted two Commercial Enforcement Task Force programs, resulting in 324 citations ^ Wrote 7,158 citations for hazardous violations ^ Made 256 arrests for driving under the influence ^ Wrote 2,329 citations for excessive speed ^ Wrote 2221 SLAP citations based upon more accurate accounting system ^ Wrote 694 neighborhood enforcement citations ^ Conducted 21 community presentations ^ Reduced red light traffic collisions by 6% ^ Assisted with the "Every 15 minutes" program at the local high school GOAL 1: ENSURE EFFECTIVE AND EFFICIENT LAW ENFORCEMENT IN THE COMMUNITY OBJECTIVES: - Utilize data from Crossroads Database to track future problem areas and proactively address those areas - Reduce the number of injury traffic collisions through enforcement and public education in traffic, pedestrian and bicycle safety - Conduct weekly DUI patrol operations, focusing on DUI enforcement and ABC violations - Conduct quarterly commercial enforcement programs - Add two Community Services Officers (CSO) for afull-time parking enforcement program Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2406-07 FY 2007-OS FY 2008-09 Citations issued for hazardous violations 19,000 16,772 12,000 19,500 Number of DUI arrests 360 382 350 400 Number of DUI Checkpoints conducted 165 12 12 14 102 DEPARTMENT: PC)LICE FIRE FIRE CHIEF Glenn Patterson FIRE PREVENTION Sean Dakin 1. Fire Marshal/Battalion Chief 2. Fire Safety Supervisors 3. Fire Safety Specialist 4. Fire Inspectors .................... Information and Education .................... Planning and Engineering .................... Enforcement .................... ' Annual Business ' Inspection EMERGENCY OPERATIONS 1. Battalion Chiefs 2. Fire Captain /Paramedic Coordinator 3. Fire Stations .................... Fire Suppression .................... Emergency Medical Services .................... All Risk Responses .................... 103 DEPARTMENT: FIRE Program: Fire Funding Source: General Fund Actual Actual Budgeted Preliminary E~enditure Summary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Personnel $ 218,757 $ 258,574 $ 354,670 $ 293,414 Operations & Maintenance 3,179,880 3,753,414 4,424,422 4,300,839 Capital Outlay 35,682 93,377 199,950 12,700 $ 3,434,320 $ 4,105,366 $ 4,979,042 $ 4,606,953 Personnel Allocation FIRE Administrative Assistant Senior Office Specialist Office Specialist Department Total Authorized Authorized 2007-08 Changes 2.003-09 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 3.00 0.00 3.00 104 PROGRAM: PREVENTYON MISSION: The mission of the Temecula Fire Services Fire Prevention Bureau is to preserve and enhance the quality of life for the citizens of Temecula through the application of a comprehensive fire and hazard prevention program. 2007-2008 ACCOMPLISHMENTS: ^ Reorganization objective accomplished by implementing two distinct divisions within the Fire Prevention Bureau ^ Staff hired and trained to perform annual fire life safety inspections ^ Attended numerous public safety fairs and community events ^ Participated in Temecula Citizen Corps projects ^ Annual Fire Life Safety program continues to develop GOAL 1: CONDUCT AN ONGOING, PERPETUAL PUBLIC INFORMATION AND EDUCATION PROGRAM OF FIRE AND LIFE SAFETY WITH A STRONG FOCUS ON FIRE PREVENTION OBJECTIVES: - Educate citizens of all ages in proper fire and life safety practices - Begin Adopt-a-School program by fire stations - Purchase, stock, and distribute an adequate supply of handouts with fire and life safety messages to the stations for dissemination at fairs and during station tours - Participate in existing Fire and Safety Expo - Institute smoke detector and battery checks/change program in all residences while on responses at those residences - Adopt and promote the National Risk Watch Program in partnership with the Temecula Unified School District - Evaluate and purchase technological delivery messages for prevention education GOAL 2: DETERMINE THE ORIGIN AND CAUSE OF ALL FIRES OBJECTIVES: - Track trends and patterns foi• serial and/or suspicious fires, coordinating with CDF Law Enforcement at Perris Headquarters - Coordinate with Building and Safety, Planning, and Public Works for any fires related to constriction and/or development issues GOAL 3: ENSURE A REASONABLE DEGREE OF LIFE SAFETY IN ALL BUILDINGS OPEN TO THE PUBLIC THROUGH ENFORCEMENT OF, AND COMPLIANCE WITH, APPLICABLE CODES, REGULATIONS AND STANDARDS OBJECTIVES: - Provide timely in-depth inspections of new construction in a timely fashion - Perform Hazardous Occupancy inspection with afire protection engineering firm - Educate and assist engine companies in inspection practices - Implement Fire Code Permitting Program 105 DEPARTMENT: FIRE PROGRAM: PREVEN`fYON Projected Actual Projected Projected PERFORMANCE MEASURES: FY 200Cr07 FY 200Cr07 FY 2007-OS FY 2008-09 Number of businesses inspected 2,500 2,326 2,800 2,800 Number of plan checks 2,200 3,258 3,000 3,300 Number of fire prevention bureau inspections 3,400 6,372 3,500 8,000 Number of education contacts at schools 70 114 70 250 Number of fairs, expos and tour contacts 100 158 150 450 106 DEPARTMENT: FIRE PRt7GRAM: EMERGENCY OPERATIONS MISSION: The Temecula Fire Department is dedicated to protect life, property, and the environment throughout the City. We accomplish this through a comprehensive emergency service response program utilizing responsible fiscal management, a highly trained work force, progressive technology and modern equipment. 2007-2008 ACCOMPLISHMENTS: ^ Addition of paramedics to Ladder Truck 73 ^ Wolf Creek Fire Station 92 was completed and is in full operation ^ First Temecula Citizens Corps Cert Trailer purchased and operational ^ Continued support of Community Programs such as CPR and AED training ^ Relocated the Temecula Citizen Corps to Overland Trail Administrative Center {OAC}/TCC GOAL 1: SAFELY RESPOND TO AND TAKE APPROPRIATE ACTIONS ON ALL FIRES, MINIMIZING THE LOSS OF LIFE AND PROPERTY TO THE CITIZENS OF TEMECULA, ARRIVING IN FIVE MINUTES OR LESS 90 PERCENT OF THE TIME OBJECTIVES: - Maintain five-minute service level as the City grows geographically and demographically - Apply extinguishing agent in seven to eight minutes {prior to flashover} - Full first alarm assignment in operation in 10 minutes - Provide 15 personnel to first alarm assignments as recommended by NFPA 1710 - Continue to expand and develop technology solutions to enhance fire service delivery capabilities - Maintain and replace equipment as needed to maintain operational readiness - Maintain appropriate training levels and fire performance standards GOAL 2: SAFELY RESPOND TO AND TAKE APPROPRIATE MITIGATING ACTIONS ON MEDICAL EMERGENCIES, MINIMIZING THE LOSS OF LIFE AND LIMB TO THE CITIZENS OF TEMECULA, ARRIVING IN FIVE MINUTES OR LESS 90 PERCENT OF THE TIME OBJECTIVES: - Maintain five-minute service level as the City grows geographically and demographically - Initiate ALS patient care within five to six minutes - Provide a minimum of two Paramedic and two EMT level personnel on scene - Continue to expand and develop technology solutions to enhance EMS delivery capabilities - Maintain and replace equipment as needed to maintain operational readiness - Maintain appropriate training levels and EMS certifications 107 DEPARTMENT: FIRE PROGRAM: EMERGENCY OPERATIONS GOAL 3: RESPOND TO AND TAKE APPROPRIATE MITIGATING ACTIONS ON ALL OTHER EMERGENCY INCIDENTS TO REDUCE THREATS TO THE CITIZENS OF TEMECULA, ARRIVING IN FIVE MINUTES OR LESS 90 PERCENT OF THE TIME OBJECTIVES: - Continue to expand and develop technology solutions to enhance fire service delivery capabilities - Maintain all risk equipment as needed for operational readiness - Maintain appropriate all risk technical training levels Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2000x07 FY 2007-OS FY 2008-09 Average response time 5.0 minutes 5.0 min 5.0 minutes 5.0 min Percent of calls on scene in five minutes or g5% 74% 76% 78% less 108 DEPARTMENT: FIRE C}EPARTMENT: ANIMAL CONTROL Program: Animal Control F~enditure Summary Personnel Operations & Maintenance Capital Outlay Funding Source: General FYind Actual Actual Budgeted Preliminary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-04 $ 151,582 $ 159,597 $ 170,000 $ 175,000 $ 151,582 $ 159,597 $ 170,000 $ 175,000 109 PROGRAM: ANIMAL CONTROL MISSION: The City of Temecula receives animal control services from Animal Friends of the Valley (AFV), a 501c(3) non-profit agency, dedicated to fulfilling the animal control needs through contractual agreements. AFV monitors dog licensing, patrols City neighborhoods, and ensures the safety of not only Temecula residents, but also animals found and detained from this area. 2007-2008 ACCOMPLISHMENTS: ^ Cared for and sheltered over 7,212 animals at the shelter ^ Vaccinated 4,313 animals at AF'V's monthly low cost vaccination clinic ^ Through AF'V's humane education program 8,446 children and 519 adults tivei•e taught responsible pet ownership, bite prevention and compassion ^ Transported 1,585 animals for spay/neuter ^ Set up two evacuation centers during October wildfires and cared for over 270 animals for anine day period at those evacuation centers ^ Nominated as charitable business of the year by Temecula Chamber of Commerce ^ Provided 521icensing clinics in Temeculafor citizens convenience ^ Successful prosecution of two large hoarding cases with one of them being in Temecula GOAL 1: PROVIDE EFFECTIVE ANIMAL CONTROL SERVICE TO PROVIDE A SAFE ENVIRONMENT FOR TEMECULA RESIDENTS WITHIN THE SCOPE OF THE CITY'S ANIMAL CONTROL ORDINANCE AND RESOLUTION OBJECTIVES: - Routinely patrol neighborhoods to ensure that animals are properly contained - Respond to citizen complaints regarding barking, dangerous, or vicious dogs - Monitor the City's dog licensing program to ensure timely processing and compliance with the state and City's mandated vaccination and licensing laws - Provide a safe and clean shelter facility for sheltered animals - Enforce rabies control laws Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-08 FY 2008-09 Number of new licenses issued 1,200 1,565 1,000 1,000 Number of license renewals issued 2,100 2,050 1,700 1,500 Number of administrative hearings conducted 18 20 20 24 110 DEPARTMENT: ANIMAL CONTROL DEPARTMENT: NON~DEPARTMENTAL Program: Non-Departmental Funding Source: General FYind Actual Actual Budgeted Preliminary Expenditure Summary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Operations & Maintenance $ 10,199,103 $ 8,932,460 $ 9,783,086 $ 11,389,555 Operating Transfers Out 6,020,423 6,969,000 4,899,393 23,699,881 $ 13,200,564 $ 15,901,460 $ 14,682,479 $ 35,089,436 MISSION: The Non-Departmental Program is a cost center for general administrative expenditures such as sales tax reimbursements, the "Revenue Excess Sharing for Temecula" REST program and property tax administrative fees. 111 THE ~ ~~ ~ ~U~ ~'1~'~% .r_~~, ~ ~ -- LLL LLL INC. 1989 \/ - - - °C)Li) TftAUi"EIUNS~ Nl:w (~PIK)RfUNii'IF.5" 112 ~OID TRADiTI(~NS~ NEW OPPO(tTUNITIES„ PRtiPQSFD AN1VtlAL aPFR~4fl1VG Bt-L~GF~ FISCAL YEAR 2008.2009 INTERNAL SERVICE FUNDS 113 THE ~ ~~ ~ ~U~ ~'1~'~% .r_~~, ~ ~ -- LLL LLL INC. 1989 \/ - - - °C)Li) TftAUi"EIUNS~ Nl:w (~PIK)RfUNii'IF.5" 114 DE PARTM E I+IT: INS URANC E Program: Insurance Funding Source: Charges to City, Community Services District, and Redevelopment Agency Actual Actual Budgeted Preliminary l~cpenditure Summary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Personnel $ 51,794 $ 52,130 $ 57,982 $ 60,168 Operations & Maintenance 585,072 555,928 773,120 625,550 Capital Outlay $ 636,866 $ 608,058 $ 831,102 $ b85,718 Authorized Authorized Personnel Allocation 2007-08 Changes 2008-09 FiscalServices Manager 0.25 0.00 0.25 Administrative Assistant 0.25 0.00 0.25 Department Total 0.50 0.00 0.50 MISSION: The Insurance Fund is the cost center for the financing and accounting of the City's risk management and insurance functions. Costs reflected in the Insurance fund include property, liability, and automobile insurance, claims administration services, as well as legal and other costs directly relating to claims and potential litigation. 2007-2008 ACCOMPLISHMENTS Conducted a complete review and insurable property value assessment of all City property and facilities Renewed the City's property insurance policy to include flood and earthquake coverage with an additional value of over $12 million and a decrease of $61,000 in annual premium while maintaining the same deductable levels Renewed the City's general liability and excess liability insurance polices with a reduction of $31,000 in annual premium and maintained a $150,000 self insured retention with a $15 million limit Reduced claims administrative costs due to increased internal review Fifty-two claims were closed, four of which were lawsuits COST ALLOCATION: Charges to departments are allocated based on the number of full-time equivalent personnel in each department 115 THE ~ ~~ ~ ~U~ ~'1~'~% .r_~~, ~ ~ -- LLL LLL INC. 1989 \/ - - - °C)Li) TftAUi"EIUNS~ Nl:w (~PIK)RfUNii'IF.5" 116 II~IF"ORMATIOI~I SYSTEMS DIRECTOR OF INFORMATION SYSTEMS Tim Thorson ADMINISTRATION ADMINISTRATION SYSTEMS APPLICATIONS OPERATIONS ADMINISTRATION GIS Jessica Ross Tom Hafeli John Degange WorkstatioNClient Enterprise Servers ~ ESRI Software Support ........I........... ...........I........... ..................... :Database Administration : Data BackuplRestore ~ Map & Analysis ...........I..........• ........I..........: ..................... :Permits Plus Application• ~ Storage Area Network CIP Mappers ...........I..........: ...........I..........: ..................... Eden Application :Data Room Operations : Geo Coding :..........I..........: :..........I..........: ..................... : RecWare Application ~ Voice Phone Systems •GIS Layer Development: • 8 Maintenance ...........I..........: ...........I..........: ..................... • LaserFiche EOC Communications GeoCast Web Support ...........I..........: :..........I..........: ..................... SQL Reports Remote Sites Geo Cortex/Arc IMS : ...........I..........: ..................... ..................... Web Workstation/Hardware : ArcSDE Administration ..........I.......... .................... : Theater Applications ~ Information Security ...........I..........: ..................... Custom Programming ~ Library Automation ...........I..........: ....................: • :Council Chambers A/V SIRE Application Support ...........I..........: ..................... .. ............. ... . IS Training Physical Security Systems ........I..........: ..................... Library Applications Public WiFi ...........I..........: ..................... .. ... .... ...... ... • Maintenance : Government Channel : Management Broadcast :......... :.................... ..........I.......... E-Government Services: 117 QEPARTMENT: INFORMATIQI~I SYSTEMS Program: Information Systems i~nding Source: Charges to City, Community Services District, and Redevelopment Agency Actual Actual Budgeted Preliminary F~Cpenditure Summary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Personnel $ 820,886 $ 873,949 $ 929,750 $ 956,402 Operations & Maintenance 814,927 798,365 883,838 882,280 Capital Outlay $ 1,635,814 $ 1,672,314 $ 1,813,588 $ 1,838,682 Program: (.aiS i~nding Source: Charges to City, Community Services District, and Redevelopment Agency Actual Actual Budgeted Preliminary F~enditure Summary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Personnel $ 252,551 $ 286,698 $ 325,893 $ 340,333 Operations & Maintenance 52,930 74,294 92,445 78,650 Capital Outlay $ 305,480 $ 360,993 $ 418,338 $ 418,983 Program: Library i~nding Source: Charges to City, Community Services District, and Redevelopment Agency Actual Actual Budgeted Preliminary F~penditure Summary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Personnel $ - $ 97,271 $ 137,104 $ 142,330 Operations & Maintenance - 103,722 121,948 113,950 Capital Outlay $ - $ 200,993 $ 259,052 $ 256,280 Authorized Authorized Personnel Allocation 2007-08 Changes 2008-09 Director of Information Systems 1.00 0.00 1.00 Information Systems Administrator 2.00 0.00 2.00 Senior Information Systems Specialist 2.00 0.00 2.00 Information Systems Specialist 1.00 0.00 1.00 (.~S Administrator 1.00 0.00 1.00 Senior (.aiS Programmer 1.00 0.00 1.00 (.aiS Analyst 1.00 0.00 1.00 Administrative Assistant 1.00 0.00 1.00 Webmaster 1.00 0.00 1.00 Department Total 11.00 0.00 11.00 118 PROGRAM: INFORMATYON SYSTEMS MISSION: The Information Systems Fund is used to account for the acquisition, depreciation, and replacement of computer and communications equipment. It also provides centralized information systems support and services, as well as computer software and City enterprise application support. 2007-2008 ACCOMPLISHMENTS: • Activated new video server to support Temecula Outreach programs on Government television • Upgraded DCC Reverse 911 Emergency Notification to web based application with cellular telephone registration • Provided secure encrypted database transactions for online registration and purchases • Converged voice and data communications with Voice Over Internet Protocol (V OIP) • Integrated physical security with Internet Protocol (]P) networked cameras • Developed more applications for business processes with wireless solutions • Moved City data to high availability domain controllers and print servers GOAL 1: IMPROVE INTERNAL AND EXTERNAL BUSINESS PROCESSES AND CUSTOMER SERVICE LEVELS FOR THE CITY OBJECTIVES: - Use Information Systems Performance Measurements (Metrics) to evaluate Customer Support calls and system outages to enable root cause analysis and trend reporting on equipment performance and customer satisfaction - Provide all necessary resources to facilitate the implementation of best-practice automation tools throughout the City, including specialized software such as Eden Financials, Human Resources, and Payroll, LaserFiche Document Management, and Permits Plus - Provide tools to allow City departments to better serve the public, which includes provisioning on-line services that support an e-government strategy. This includes the necessary information security measures to protect enterprise applications and critical data - Define, test, and implement remote access capabilities, to meet the needs of City Council Members and staff for all communications methods, including offsite and wireless capabilities GOAL 2: MANAGE THE CITY'S RAPIDLY GROWING INFORMATION SYSTEMS NEEDS OBJECTIVES: - Move internal and external websites to the Windows Content Management Server to support XML and Share Point services - Develop secure online services in compliance with Payment Card Industry standards - Maintain the Information Systems Strategic Plan that covers the next cycle of innovation and system usability - Maintain the data and systems current and reference architecture that charts a technology roa,dmap for migration to new technologies - Build an environment and working relationships, which allow and foster collaborative, secure and manageable use of information between departments - Enhance the productivity of City staff, both in the office and in the field through increased technology - Create a Citizen Request webpage with Portal Technology to develop citizen 119 DEPARTMENT: INFORMATION SYSTEMS PROGRAM: INFORMATION SYSTEMS GOAL 3: IMPROVE DISASTER RECOVERY PREPAREDNESS OBJECTIVES: - Plan for load balanced Data Center services between the Data Center in City Hall and TemeculaPublic Library Data Center - Provide ahighly mailable Data Center with a consolidated maintenance contract - Maintain and upgrade the City's own radio communications assets - Begin deployment of wireless communications for EOC use - Establish high-confidence and high-performance links between City Hall and Fu•e Station 84 complex, which can provide life-safety, resilient communications Cc?ST Charges to departments are calculated based on the number of computer workstations ALLtrCATION: supported by Information Systems staff in each department Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-08 FY 2008-09 Goa11: Process Improvement Number ofHelp Desk Hours Assigned 10,000 14,894 17,000 20,000 Goa12: Web Presence Use click stream analysis to determine website page hits 2.SM 2.75M 3M 4.OM Goa13: Manage Growth Computers installed/supported 400 440 500 475 Goa14: Emergency Operations Amount of data backed up on the SAN 4.5 TB STB 6TB 7 TB 120 DEPARTMENT: INFORMATION SYSTEMS PROGRAM: GEOGRAPHIC INFORMATION SYSTEMS {GIS) MISSION: The GIS Fund accounts for the acquisition of computer equipment, software, and GIS data used in the application support and service of the City's system. 2007-2008 ACCOMPLISHMENTS: Implemented ARC SDE GIS, Database Management System, redesigned GIS database structure and loaded all GIS data into new data structure Implemented newARC IMS GIS web application (Geocortex} Participated in the upgrade of the City's Emergency Notification System to the web- based DCC system. Performed modifications/updates to the GIS component of the system (Geocast} Provided GIS analysis and mapping for the cleanup of the General Plan Land Use Map Provided mapping and analysis for the Local Update of Census Addresses (LUCA} Program Established an alignment to the Southern Emigrant Trail through Temecula and collected historic location data for future Historic Temecula V irtual Interactive Website Conducted major updates to numerous City maintained GIS layers Provided analysis to TCSD for project to determine total area for slope maintenance Created 3-D animated model of the Muirieta Creek Channel through Old Town for presentation to government officials in Washington, D.C. Performed underntilized residential properties studies in Old Town Provided mapping and analysis as part of the EOC activation associated with the October fires Provided mapping and analysis in support of the General Plan Housing Element update Provided mapping support for the CIP implementation project Provided data, data collection tools and support to Code Enforcement as part of the annual weed abatement process Provided mapping and analysis for studies being performed in the Nicolas V alley (RPA} area in association with the formation of a proposed community facilities district Provided mapping and analysis for the fiscal impact analysis for the City's Sphere of Influence annexation studies Provided mapping and analysis for the proposed Santa Margarita Ecological Reser•~~e annexation Provided mapping and analysis to support the Promenade Mall expansion project Provided mapping support to all City special events Set up procedure for the provision of quarterly updates of permits data to the Riverside Conservation Authority (RCA} for annual MSHCP report GOAL 1: OPERATE THE CITY-WIDE GEOGRAPHIC INFORMATION SYSTEM (GIS) TO MEET LOCAL DATA AND INFORMATION NEEDS OBJECTIVES: - Perform on-going updates to the City's and the County's database, and develop additional data layers to support City departments and programs and to increase efficiency in providing public information - Establish connections between the GIS and other City databases - Produce reports and map exhibits for various City departments in support of their operations and for the community to improve customer service 121 DEPARTMENT: INFORMATION SYSTEMS PROGRAM: GEOGRAPHIC INFORMATION SYSTEMS {GIS) GOAL 2: INCREASE USABILITY OF GIS DATA FOR CITY STAFF OBJECTIVES: - Conduct periodic City-wide training forARCIMS program - Add additional GIS Layers on the ARCIMS GIS website for City staff - Create GIS map and analysis index accessible to all City staff - Refine and update the GIS data dictionary, library, and meta,data and make mailable to City staffand outside agencies and jurisdictions - Update and monitor Permits Plus database to ensure successful and efficient integration with GIS GOAL 3: COORDINATE WITH OUTSIDE AGENCIES, JURISDICTIONS AND CONSULTANTS TO IMPROVE DATA UPDATE PROCEDURES AND ACCURACY AND EXPLORE DATA SHARING OPPORTUNITIES OBJECTIVES: - Take part in SCGIS Council meetings and subcommittees - Participate in regional user group {IEGIS} activities and discussions Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-OS FY 2008-09 GIS Layers supported 275 350 450 550 City Derived GIS Layers maintained 100 250 300 400 Number of GIS requests completed 750 962 1,000 1,100 Number oftrainings conducted 1 1 1 1 122 DEPARTMENT: INFORMATION SYSTEMS PROGRAM: LIBRARY MISSION: The Temecula Public Library Information Systems Fund is used to account for the acquisition, depreciation, and replacement of computer and communications equipment. It also provides systems support and services, as well as computer software and automation support. 2007-2008 ACCOMPLISHMENTS: • Library website upgraded with online book renewal and facilities registration • Community Room Audio Visual System upgraded for reoriented projector screens • RFID tagging system upgraded for fourteen character barcode • Automatic Payment Machine relocated for better public access • Safari POS extended to the Library for facility reservations • LCD video display installed behind circulation desk • Installed Exit Watch System for Library security gates to count patron utilization GOAL 1: IMPROVE INTERNAL AND EXTERNAL BUSINESS PROCESSES AND CUSTOMER SERVICE LEVELS FOR THE LIBRARY OBJECTIVES: - Use Information Systems Performance Measurements {Metrics} to evaluate customer support calls and system outages to enable root cause analysis and trend reporting on equipment performance and customer satisfaction - Provide all necessary resources to facilitate the implementation of best practice automation tools - Define, test and implement remote access capabilities to improve Library uptime - Create dynamic web templates to define editable regions, allowing Library employees to manage the content on their public website GOAL 2: MANAGE THE LIBRARY'S RAPIDLY GROWING PUBLIC UTILIZATION WITH AUTOMATION TECHNOLOGY OBJECTIVES: - Maintain the Library's Strategic Plan that covers the next cycle of innovation and system usability - Develop and implement an Information Life Cycle Management {ILM} strategy - Manage Library's website with .net technology for disseminating policies and scheduling information GOAL 3: IMPROVE DISASTER RECOVERY PREPAREDNESS OBJECTIVES: - Upgrade the Library systems infrastructure for improved data center environmental support, data protection, and fail-over for distributed data processing capabilities - Manage load balanced data center services between the Library Data Room and the Data Center in City Hall - Provide ahighly available data center with a consolidated maintenance contract 123 DEPARTMENT: INFORMATION SYSTEMS PROGRAM: LIBRARY Projected Actual Projected Projected PERFORMANCE MEASURES: Fv 2onF-o~ Fv ~nnF-n~ Fv ~on~-nR Fv~nns=o9 Self check-out volume {number of books} NIA 150,000 219,051 230,000 Books returns sorted through bin softer NIA 600,000 801,086 850,000 {number of books} Number ofpatrons counted by security gates NIA 300,000 410,571 415,000 Computer usage NIA 80,000 86,163 88,000 Library web hits NIA 100,000 204,000 220,000 Cost Allocation: Charges to departments are calculated based on the number of computer workst ations supported by Information Systems staff in each department 124 DEPARTMENT: INFORMATION SYSTEMS DEPARTMENT: YEHIGLES Program: Vehicles Funding Source: Charges to City and Community Services District Actual Actual Budgeted Preliminary F~cpenditure Summary F'Y2005-06 F'Y2006-07 F'Y2007-08 F'Y2008-09 Personnel Operations & Maintenance $ 298,961 $ 313,024 $ 300,524 $ 337,130 Capital Outlay a cva,voi a ~i~,u~s+ a ~uu,~~s+ a ~~~,i~u MISSION: The Vehicle Fund is used to account for the acquisition, depreciation and replacement of City vehicles. COST Charges to departments are calculated based on the number of computer workstations ALLOCATION: supported by Information Systems staff in each department 125 THE ~ ~~ ~ ~U~ ~'1~'~% .r_~~, ~ ~ -- LLL LLL INC. 1989 \/ - - - °C)Li) TftAUi"EIUNS~ Nl:w (~PIK)RfUNii'IF.5" 126 DEPARTMEI+IT: SUPPORT' SERVICES Program: Support Services F~cpenditure Summary Personnel Operations & Maintenance Capital Outlay Personnel Allocation Central Services Coordinator Central Services Supervisor Office Assistant Department Total PYrnding Source: Charges to City, Community Services District, and Redevelopment Agency Actual Actual Budgeted Preliminary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 $ 140,732 $ 144,635 $ 169,377 $ 197,018 132,987 163,171 235,085 183,215 $ 273,719 $ 307,80b $ 404,462 $ 380,233 Authorized Authorized 2007-08 Changes 2008-09 1.00 (1.00) 0.00 0.00 1.00 1.00 1.00 0.00 1.00 2.00 0.00 2.00 127 PROGRAM: SUPPORT SERVICES MISSION: The Support Services Fund is the cost center for central duplicating services, maih•oom services, City Hall reception services, and duplicating equipment maintenance/lease for City Hall and its off-site facilities. 2007-2008 ACCOMPLISHMENTS: ^ Ensured proper copier and printer equipment needs for City Hall, Library, and off-site City buildings ^ Managed 46 copiers and printers GOAL 1: ENSURE COST EFFECTIVENESS STANDARDS ARE UTILIZED WHEN PURCHASING CENTRAL SERVICES PRODUCTS OBJECTIVES: - Continue to explore purchasing options with the increasing cost of paper such as piggybacking on county/state contracts, Internet, etc. GOAL 2: PROVIDE TIMELY, HIGH QUALITY, AND EFFICIENT DUPLICATING/POSTAL SERVICES OBJECTIVES: - Maintain efficient usageloptimal functioning levels of current duplicating equipment through the maintenance agreement - Ensure staff is adequately crossed trained on associated functions GOAL 3: PROVIDE THE UTMOST CUSTOMER SERVICE AT THE RECEPTION DESK OBJECTIVES: - Ensure appropriate staffing and cross training - Track relevant information such call volume, walk-in customers, etc. to determine needs, improvements, and effectiveness COST ALLOCATION: Charges to departments are calculated based on the number of color and regular copies made by each department, as well as the number of on-site personnel for each department Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2006-07 FY 2006-07 FY 2007-OS FY 2008-09 Total number of copies printed 4,000,000 3,300,000 4,200,000 3,300,000 Total number of calls received 46,500 42,000 45,000 43,000 128 DEPARTMEI~IT: SUPPaRT SERVICES DEPARTMENT: FACILITIES Program: Facilities Funding Source: Charges to City, Community Services District, and Redevelopment Agency Actual Actual Budgeted Preliminary l~cpenditure Summary FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Personnel $ 344,727 $ 386,966 $ 388,823 $ 361,352 Operations & Maintenance 243,926 264,082 370,952 410,025 Capital Outlay 3,673 - - - $ 592,326 $ 651,047 $ 759,775 $ 771,377 Authorized Authorized Personnel Allocation 2007-08 Changes 2008-09 Maintenance Superintendent 0.25 0.00 0.25 Maintenance Supervisor 0.30 0.00 0.30 Facility Service Manager 1.00 (0.50) 0.50 Lead Maintenance Worizer 0.50 0.00 0.50 Maintenance W orizer 0.50 0.00 0.50 Custodian 2.00 0.00 2.00 Office Specialist 0.30 0.00 0.30 Department Total 4.85 (0.50) 4.35 MISSION: The Facilities Fund is used to account for the cost of operating and maintaining City Hall. COST Charges to departments are calculated based on the number of computer workstations ALLOCATION: supported by Information Systems staff in each department 129 THE ~ ~~ ~ ~U~ ~'1~'~% .r_~~, ~ ~ -- LLL LLL INC. 1989 \/ - - - °C)Li) TftAUi"EIUNS~ Nl:w (~PIK)RfUNii'IF.5" 130 ITEM N~}. 29 Approvals ~Q City Attorney s~~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn Nelson, City Manager DATE: June 10, 2008 SUBJECT: Review and Adoption of the FY 2009-13 Capital Improvement Program PREPARED BY: Genie Roberts, Director of Finance Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2009-13 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2008-09 BACKGROUND: The Capital Improvement Program (CIP) is the City's plan for providing public improvements which exceed $30,000 in cost, have long-term life spans, and are nonrecurring. The proposed CIP document serves as a planning tool for the coordination of financing and scheduling of all capital improvement projects over the next five years. CIP Development: The CIP was developed by taking recommendations provided by the staff and the City Council during a series of workshops. The primary focus of these workshops was to identify community needs in the areas of roads and streets, bridges, public buildings, parks and recreation facilities, and redevelopment projects. All projects were reviewed to ensure consistency with the provisions of the City's General Plan, as well as the long-term vision of the City as developed by the City Council. On May 21, 2008, the City Council held a workshop to review and discuss the proposed CIP. A presentation was provided to the City Council of an overview of the Capital Improvement Program. City Council Members and staff discussed, in detail, several projects within the CIP. The Community Services Commission, at their May 12, 2008 meeting, reviewed the Parks and Recreation portion of the document and approved the proposed projects. On May 21, 2008, the Planning Commission found the proposed CIP to be consistent with the General Plan in accordance with Government Code Section 65403 of the State Planning and Zoning Law. At the May 22, 2008, Public and Traffic Safety Commission Meeting, the Circulation and Infrastructure portions of the document were reviewed and the proposed projects were approved. Costs: Overall, the total cost as identified in the CIP is $404,858,040. A total of 77 projects are included in the program, consisting of 25 Circulation Projects, 22 InfrastructurelOther Projects, 20 Park Projects, and 10 Redevelopment AgencylHousing Projects. The following illustrates the associated costs for each project classification and total cost. Type of Project Number of Cost of Projects Projects Circulation 25 $273,198,023 Infrastructure / 22 $ 74 684 923 Other , , Parks I 20 $ 9 390 421 Recreation , , RDA /Housing 10 $ 47,345,912 TOTAL 77 404.858.040 Revenue: Projected revenue from identified sources for the Five-Year Capital Improvement Program is $386,347,915. Unspecified {unfunded) project costs for the five-year program total $29,906,554. Through the first three years of the five-year program, there is adequate funding for all proposed projects. The CIP is fullyfunded in FY 2008-09 at $167,344,571, FY 2009-10 at $75,903,702, and in FY 2010-11 at $57,405,342. Circulation Proiects: There are 25 Circulation projects in the CIP with projected costs of $273,198,023. The Circulation projects represent the majority of the available funding. The following are of particular interest: - French Valley Parkway/Interstate-15Over-Crossing Interchange Improvements - Interstate-151 State Route 79 South Ultimate Interchange - Main Street Bridge Over Murrieta Creek (Replacement) - Nicolas Valley -Assessment District - Pechanga Parkway Improvements -Phase II - Winchester Road /Highway 79 North Beautification The first fiscal year, 2008-09, of the CIP has a total circulation funding requirement of $71,385,384, and contains twenty-one (21) priority one projects. All of these projects will have a significant impact on traffic circulation and, ultimately, the quality of life in the City. InfrastructurelOther Projects: Within the Infrastructure section of the CIP, there are 22 projects with a projected cost of $74,923,684. The mare significant projects include the following: - Civic Center - Fire Station Roripaugh Ranch Fire Site - Murrieta Creek Multi-Purpose Trail - Temecula Children's Museum Refurbishment - Temecula Community Center Expansion The fiscal year 2008-09 funding is aver $60 million for Infrastructure/Public Facility projects. Parks: The total projected cost for 20 Park projects is $9,390,421. Park projects of interest includes the following: - Dog Park Areas at Various City Parks - Redhawk Park Improvements - Roller Hockey Rink Renovation - Roripaugh Ranch Open Space Trails - Veteran's Memorial Pavers - Phase I II Redevelopment Development Agency (RDA) Projects: There are 10 RDA /Housing projects, with a projected cost at $47,345,912 over afive-year CIP. These projects include: - Affordable Housing - Auto Mall Sign - Old Town Infrastructure projects - Residential Improvement Program Within the first year of the CIP, RDA /Housing projects total over $33 million. FISCAL IMPACT: The adoption of the FY 2009-13 Five-Year Capital Improvement Program establishes the project appropriations for FY 2008-09. Projects which do not have sufficient funds within the funding source will not proceed until the funding has been secured. ATTACHMENTS: -Resolution No. 08- -Proposed Capital Improvement Program Fiscal Years 2009-2013 RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2009-13 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2008- 2009 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of this Program is categorically exempt from environmental review under the California Environmental Quality Act (CEQA). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible future actions, which actions the City Council has not approved, adopted, or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the City Council has considered relevant environmental factors. This City Council, as the lead agency for environmental review, pursuant to the California Environmental Quality Act and the Guidelines promulgated thereunder (collectively "CEQA), has reviewed the scope and nature of this Capital Improvement Program and has concluded that the planning and prioritization process comprising this activity is not a project pursuant to CEQA because it does not order or authorize the commencement of any physical or other activity that would directly or indirectly have a significant effect upon the environment. The Capital Improvement Program merely establishes a listing of priority and allocates funds for the City to commence the necessary planning studies, including review pursuant to CEQA, at a future unspecified date. The future planning studies will be conducted at the earliest possible time so as to ensure thorough review pursuant to CEQA. Recognizing that the protection of the environment is a key factor in the quality of life within the City of Temecula and to further the City's strict adherence to both the spirit and letter of the law as regards to CEQA, this City Council has also considered this Capital Improvement Program as if it were a Project pursuant to CEQA. Reviewing this Program as a Project, this City Council concludes the Project would be exempt from review under CEQA, both pursuant to Section 15061 (b}(3} and to the categorical exemption set forth in Section 15262 of CEQA. Section 15061 (b}(3} would apply because it can be seen with certainty that this prioritizing and fund allocation program cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required CEQA review is conducted at the time the physical improvements prioritized in the Program are undertaken. Section 15262 provides a categorical exemption to actions that are feasibility or planning studies related to possible future actions. This Council is aware of and has considered the current and relevant environmental factors as an integral component of the review of this Program. This Council, as lead agency, hereby determines and decides that the exemption provided in both Sections 15061(b)(3} and 15262 apply in the event this is deemed a Project pursuant to CEQA. Section 2. On May 21, 2008, the Planning Commission found the Capital Improvement Program consistent with the General Plan in accordance with Government Code Section 65401 of State Planning and Zoning Law. Section 3. That certain a document now on file in the office of the City Clerk of the City of Temecula, entitled "City of Temecula Capital Improvement Program FY 2009-13" included herein, are appropriations for FY 2008-09, and are hereby adapted. The CIP appropriations for the FY 2007-08 which have not been completed, encumbered, nor included in the FY 2009-13 CIP, are hereby carried over for each applicable project to the FY 2008-09. Certain Development Impact Fees from future revenue may be used to replace the expenditure of current capital reserve funds in the CIP. Section 4. That the fallowing controls are hereby placed on the use and transfers of budget appropriations: A. Na expenditures of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The City Manager may authorize expenditures of funds in amounts up to $30,000. Any expenditure of funds in excess of $30,000 requires City Council action. C. The City Manager may approve change orders on Public Works contracts in amounts up to $30,000, if sufficient appropriated funds are available. D. The City Manager may authorize transfers up to $30,000 between approved Capital Improvement Program projects. E. Notwithstanding Section 4.B. above, pursuant to Section 3.32.050 of the Municipal Code, the City Manager may authorize Public Works contracts in amounts up to $30,000. Any expenditures of Public Works funds in excess of $30,000 require City Council action, except that the City Manager may approve change orders on Public Works contracts approved by the Council in amounts up to project contingency established by Council. Section 5. Certification: The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2448. Michael S. 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. 48- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2448, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ~IiE ~~ i~~~~ s ~~/ ~~ II ~ Ir~c_ 1989 MICHAEL S. NAGGAR, Mayor SHAWN D. NELSON MARYANN EDWARDS, Pro Tempore CHUCK WASHINGTON, Council Member RONALD H. ROBERTS, Council Member JEFF COMERCHERO, Council Member PREPARED BY THE F'II~IAI~iCE DEPARTMEI`I'T' GENIE ROBERTS, CPA Director of Finance MISSION STATEMENT ~~ ~ :~ r ~ , .. 1.~ ~ f The mission of the City of Temecula. is to maintain u safe, secure, clean, healthy, and orderly community; to balance the utilization of open space, parks, trail facilities, quality ,jobs, public transportation, diverse housing, and adequate infrastructure; and to enhance and revitalize historic areas. The City will encourage programs for aII age groups, utilize its human resources, and preserve its natural resources while stimulating technology, promoting commerce, and utilizing sound fiscal policy. It is the City Council's resolve that this mission will instill a sense of pride and accomplishment in its citizens and that the City will be known as a progressive, innovative, balanced, and environmentally sensitive community. i ~~ ~~ a ~ ~ ~ ~ ~. ~ ~ ~ ~~ ~ - ~~I~. 1~~~ ~~ i ! i = ~ TEa~~ .~ ~ ~•~',`' I ' J.L., '~~~ 1 l 11-II - ~ 1~: ~~t:_ ~~ag TABLE OF CONTENTS P~ L'4rTR 4D L~ CTION Transmittal Message ............................................................................... Resolution Adopting Capital Improvement Program ............................. California Society of Municipal Finance Officers Certificate of Award City Organization Chart .......................................................................... Description of Priorities .......................................................................... Parameters for CIP Budget Cost Estimates ............................................. Description of Revenue Sources ............................................................. SUMlYIARIES Projected Revenue Summary ...................................................................................... Project Summary by Type of Project .......................................................................... CIP Major Revenue Sources ....................................................................................... Expenditure Summary by Project ............................................................................... Comparison Between Projected Revenue and Casts .................................................. CIRCULATION PROJECTS Abbott Corporation Roadway Improvements ..................................................................................... Auxiliary Lanes on Interstate-15 in Temecula .................................................................................... Butterfield Stage Road Extension Beltway Project ............................................................................ Citywide Adaptive Traffic Light Synchronization System ................................................................. Closed Circuit Television Installation on Temecula Parkway and Pechanga Parkway ...................... Flashing Beacons ................................................................................................................................ French Valley Parkway /Interstate-15 Over-Crossing and Interchange Improvements .................... French Valley Parkway /Interstate-15 Over-Crossing and Interchange Improvements - Phase I..... Interstate-15 /State Route 79 South iJltimate Interchange ................................................................. Main Street Bridge Over Murrieta Creek (Replacement) ................................................................... ...........1 ...........4 ........... 6 ...........7 ........... 8 ...........9 .........10 .................................13 .................................15 ................................. 22 ................................. 23 ................................. 24 i TABLE OF CONTENTS -Continued Meadows Parkway Bike Lane ................................................................................................ Medians and Parkways -Citywide ......................................................................................... Murrieta Creek Bridge and Overland Drive Extension to Diaz Road .................................... Nicolas Valley -Assessment District {Liefer Road) .............................................................. Pavement Rehabilitation Program-Citywide .......................................................................... Pavement Rehabilitation-De Portola Road ............................................................................. Pavement Rehabilitation- STPL Project ................................................................................. Pechanga Parkway -Dual Right Turn Lanes from Temecula Parkway ................................. Pechanga Parkway Improvements -Phase II ......................................................................... Temecula Creek Crossing for Access to Temecula Parkway ................................................. Temecula Parkway Re-Striping of Eight Lanes from Interstate-15 to Pechanga Parkway .... Traffic Signal Installation -Citywide ..................................................................................... Traffic Signal Interconnect Equipment Installation ................................................................ Western Bypass Bridge Over Murrieta Creek ........................................................................ Winchester Road/Highway 79 North Corridor Beautification ................................................ INFRASTRUCTURE/QTHER PROJECTS Alternative Fueling Station ............................................................................................................................. Bike Lane Improvements -Citywide ............................................................................................................. Civic Center .................................................................................................................................................... Fire Station 73 Living Quarters Upgrade ........................................................................................................ Fire Station Roripaugh Ranch Site ................................................................................................................. History Museum Expansion ............................................................................................................................ Integrated Facility Alarm System -Citywide ................................................................................................. Library Additional Parking ............................................................................................................................. Localized Storm Drain Improvements, Various Locations ............................................................................. Long Canyon Detention Basin -Access Road ............................................................................................... Murrieta Creek Improvements ........................................................................................................................ Murrieta Creek Multi-Purpose Trail ............................................................................................................... Old Town Gymnasium .................................................................................................................................... Open Space Acquisition Program ................................................................................................................... Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System ... ......... 55 ......... 57 ......... 59 ......... 61 ...... 101 ...... 103 ...... 105 ...... 107 ...... 109 ...... 111 ...... 113 ...... 115 ii TABLE OF CONTENTS - Co~rtinuecl Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect. Santiago Detention Basin ................................................................................ Teen/Young Adult Center ............................................................................... Temecula Children's Museum Refurbishment ............................................... Temecula City Entry Monumentation ............................................................ Temecula Community Center Expansion ....................................................... Temecula Park and Ride ................................................................................. PARKS /RECRE ~ TI4N PROJECTS Children's Museum Parking Lot Renovation ............................................................................................................. Developer Reimbursement -Serena. Hills .................................................................................................................. Dog Park Areas -Various City Parks ......................................................................................................................... Margarita Community Park Erosion Control and Fence ............................................................................................ Pala Park Retrofit Tennis Court Lights ....................................................................................................................... Play Structure Retrofit at Various Parks ..................................................................................................................... Redhawk Park Improvements ..................................................................................................................................... Roller Hockey Rink Renovation ................................................................................................................................. Ronald Reagan Monument Site Preparation ............................................................................................................... Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond ..................................................................... Ronald Reagan Sports Park North /South Fields Back Stops, Dugout and Parking Lot with Trash Enclosures....... Roripaugh Ranch Open Space Trails .......................................................................................................................... Rotary Park Lighting ................................................................................................................................................... Sam Hicks Monument Park Playground Replacement ............................................................................................... Santiago /Ynez Park Site Design ............................................................................................................................... Skate Park Drainage Improvements ............................................................................................................................ Vail Ranch Park Improvements .................................................................................................................................. Vail Ranch Park Site D ............................................................................................................................................... Veteran's Memorial Pavers -Phase III ...................................................................................................................... Ynez Road and Overland Landscaping ....................................................................................................................... ...... 117 ...... 119 ...... 121 ...... 123 ...... 125 ...... 127 ...... 129 ...... 133 ...... 135 ...... 137 ...... 139 ...... 141 ...... 143 ...... 145 ...... 147 ...... 149 ...... 151 ...... 153 ...... 155 ...... 157 ...... 159 .......161 .......163 .......165 .......167 .......169 .......171 iii TABLE OF CONTENTS - Conti~zuecl REDEtlEL4P~11ENT AGE~rCY/RDA H4U.SLIVGPROJECT.S Affordable Hausing ................................................................................................................................................ .......................... 175 Affordable Housing Projects -Future Obligations ................................................................................................. .......................... 177 Auto Mall Sign ........................................................................................................................................................ .......................... 179 NW RDA Property Grading and NPDES Compliance ........................................................................................... .......................... 181 Old Town Infrastructure Projects -Mercedes Street and Main Street ................................................................... .......................... 183 Old Town Infrastructure Projects -Parking Structure, Office and Retail .............................................................. .......................... 185 Old Town Infrastructure Projects -Relocation of Existing Structures/Demolition and Grading ........................... .......................... 187 Old Town Infrastructure Projects -Town Square .................................................................................................. .......................... 189 Old Town Infrastructure Projects -Underground Utilities ..................................................................................... .......................... 191 Residential Improvement Programs ........................................................................................................................ .......................... 193 FUT ~TRE YEARS' PROJECTS Circulation ........................................................................................................................................................................................ 195 Infrastructure ..................................................................................................................................................................................... 195 Parks .............................................................................................................................................................................................. 196 APPE.'1 DI_I Glossary of Terms ............................................................................................................................................................................. 197 Index ................................................................................................................................................................................................. 200 Map -Major CHIP Projects ................................................................................................................................................................ 203 iv Q N{'. 19$9 ~~ - ~` ~'~ ~~ _ Honorable Mayor and Members of the Crty CouncrL It is with great pleasure that I submit the City of Temecula's Capital Improvement Program {CIP) Budget for Fiscal Years 2008-09 through 2012-13. This document is the result of more than 500 hours of planning and development in several workshops, including a City Council Workshop held on May 21, 2008. All projects presented in this five-year budget have been carefully programmed to ensure the community's capital improvement needs are met both now and in the future. CITY OF TEMECULA PROFILE AND DEMOGRAPHICS The City of Temecula is a fast growing community, which extends across 30 miles of gently rolling hills and comprises approximately 101,057 residents of various cultural backgrounds. The City maintains approximately 285 miles of the 352 total miles of streets within its boundaries. Additionally, the City has 38 parks on 308 developed acres, providing extensive recreational opportunities far both Temecula citizens and surrounding communities. The Temecula Valley Unified School District provides 33 schools for 28,328 students in Kindergarten through 12th grade. The City of Temecula focuses on community needs and quality of life through day-to- dayoperations, aproactive economic development element, and by meeting the City's capital improvement needs. ECONOMIC DEVELOPMENT POLICY The City's economic development policy centers on providing a broad range of infrastructure improvements to induce both tourism and business investment in the City of Temecula. By providing a commercial and residential core that is attractive, of high quality, and possesses adequate infrastructure to support the residential, business and tourist population, Temecula has quickly become a destination location for a broad spectrum of the population. Significant attractions in this budget document include French Valley Parkway /Interstate-15 Over-Crossing and Interchange Improvements, Pechanga Parkway Improvements -Phase II, Old Town Infrastructure Projects, Civic Center, and Redhawk Park Improvements. All of these projects will provide additional opportunities and access to the City and improve the overall quality of life. CAPITAL BUDGET POLICY The purpose of the CIP Budget document is to serve as a planning tool, which coordinates the financing and scheduling of major projects undertaken by the City. The CIP Budget document has been prepared in accordance with generally accepted accounting principles. This document is dynamic and, consequently, must be revised annually to address changing needs, priorities, and financial conditions. The capital improvements presented in this document are the City's major projects, which exceed $30,000 in cost, have long-term life spans, and are generally non-recurring. These projects include land and right-of-way acquisition, design, construction or rehabilitation of public buildings or facilities, public infrastructure design and construction, park design and construction, and redevelopment projects. 1 The City's goal in providing a CIP Budget is to develop amulti-year plan far capital improvement, update it annually, and follow through with all capital improvements in accordance with the plan. In determining the relative merit of a proposed project, key management team members evaluate projects for feasibility, community enhancement, infrastructure and historic preservation, and safety. PLAN DEVELOPMENT This CIP budget document was developed by incorporating input from key management team members, based on community comments and feedback received throughout the year. This team then, through several workshops, identified and evaluated community needs in the areas of roadslstreets, bridges, public buildings, parks and recreation facilities, and redevelopment projects. Each proposed project was reviewed and discussed to ensure funding, timing, and necessity were appropriately addressed. A CIP City Council workshop was held on May 21, 2008. This workshop provided the City Council with an opportunity to review each project in detail, and to receive public comments concerning the five-year program. All projects were evaluated by the City's Planning Commission to ensure consistency with the provisions of the City of Temecula General Plan, while considering the City's long-term vision as developed by the City Council. The proposed circulation, infrastructure, and park projects were reviewed and approved by the Planning Commission, PubliclTraffic Safety Commission and the Parks and Recreation Commission. Projects in this document have been scheduled in each of the five fiscal years based on community needs, as determined by the City Council and availability of funding. Priority rankings in each major category (Circulation, Infrastructure/Other, Park, and Redevelopment Agency) have been assigned in accordance with the priority guidelines as shown on the Description of Priorities page herein. Additionally, since many projects in the CIP are conceptual in nature, the general outline for cost estimates provided in last year's CIP document was revised and utilized as shown on the Parameters for CIP Budget Cost page herein. The fiscal years 2009-13 CIP identifies a total of 77 projects consisting of 25 Circulation Projects totaling $273,198,023, 22 Infrastructure/Other Projects totaling $74,923,684, 20 Park Projects totaling $9,390,421, and 10 Redevelopment Agency (RDA) Housing Projects totaling $47,345,912. The total cost to complete all of the proposed projects is $404,858,040, of which $167,344,571 is programmed for FY 2008-09. Also of note, in this document, there is over $29 million in projects with unspecified funding sources. These projects have been identified as necessary infrastructure for the City, and will require that funding sources be identified before the projects can commence. 25 Circulation $273,198,023 22 InfrastructurelOther 74,923,684 20 Park 9,390,421 10 Redevelopment 47.345,912 77 $404,858,040 2 GIP BUDGET INFORMATION PROVIDED Information included in this document is as follows: • Description of Revenue Sources provides a general description of sources of revenue for the CIP. • Description of Priorities provides the guidelines used in prioritizing projects. • Parameters forC1P Budget Cost Estimates provides standard estimating criteria for project costs. • Projected Revenue Summary provides five-year projections for each of the major sources of funds to be utilized for capital improvements. • Project Summary by Type of Project provides summary information of the Capital Improvement projects arrayed on spreadsheets by the type of project and priority. • Comparison Between Projected Revenue and Costs provides summary information of costs versus revenue in each fiscal year by source of funds. • Project Descriptions provide a description of each project which includes the scope of the project, costs, source of funds, the fiscal year(s) in which the project is anticipated to be constructed, and a location map. • Future Years Projects provide an opportunity for long range planning that exceeds the five-year period in each of the major groupings (Circulation, Infrastructure, Park and Redevelopment/Housing}. GONCLUSION The revenue estimates, although conservative, are strictly estimates. The actual amount of funds available for construction will vary based upon the state of the economy. The City's major revenue source for last year's CIP budget was Special Districts and Development Impact Funds. This year, these two revenue sources have again combined to provide the City's dominant source of revenue. The City Council will be updated throughout the year on the status of projects and corresponding revenue sources. The fiscal years 2009-13 Capital Improvement Program is a result of a total team effort of both City staff and City Council. There are 60 projects which are scheduled to begin design, construction andlor be completed in FY 2008-09. These projects are intended to enhance the safety and quality of life for all citizens in the City of Temecula. I would like to thank staff and the City Council for all of the contributions that were made in developing the capital budget that will serve as the footprint for Temecula's future. Sincerely, ~' Shawn D. Nelson City Manager RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2009-13 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2008-2009 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of this Program is categorically exempt from environmental review under the California Environmental Quality Act (CEQA). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible future actions, which actions the City Council has not approved, adopted, or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the City Council has considered relevant environmental factors. This City Council, as the lead agency for environmental review, pursuant to the California Environmental Quality Act and the Guidelines promulgated thereunder (collectively "CEQA), has reviewed the scope and nature of this Capital Improvement Program and has concluded that the planning and prioritization process comprising this activity is not a project pursuant to CEQA because it does not order or authorize the commencement of any physical or other activity that would directly or indirectly have a significant effect upon the environment. The Capital Improvement Program merely establishes a listing of priority and allocates funds for the City to commence the necessary planning studies, including review pursuant to CEQA, at a future unspecified date. The future planning studies will be conducted at the earliest possible time so as to ensure thorough review pursuant to CEQA. Recognizing that the protection of the environment is a key factor in the quality of life within the City of Temecula and to further the City's strict adherence to both the spirit and letter of the law as regards to CEQA, this City Council has also considered this Capital Improvement Program as if it were a Project pursuant to CEQA. Reviewing this Program as a Project, this City Council concludes the Project would be exempt from review under CEQA, both pursuant to Section 15061(b)(3) and to the categorical exemption set forth in Section 15262 of CEQA. Section 15061(b)(3) would apply because it can be seen with certainty that this prioritizing and fund allocation program cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required CEQA review is conducted at the time the physical improvements prioritized in the Program are undertaken. Section 15262 provides a categorical exemption to actions that are feasibility or planning studies related to possible future actions. This Council is aware of and has considered the current and relevant environmental factors as an integral component of the review of this Program. This Council, as lead agency, hereby determines and decides that the exemption provided in both Sections 15061(b)(3) and 15262 apply in the event this is deemed a Project pursuant to CEQA. Section 2. On May 21, 2008, the Planning Commission found the Capital Improvement Program consistent with the General Plan in accordance with Government Code Section 65401 of State Planning and Zoning Law. Section 3. That certain a document now on file in the office of the City Clerk of the City of Temecula, entitled "City of Temecula Capital Improvement Program FY 2009-13" included herein, are appropriations for FY 2008-09, and are hereby adopted. The CIP appropriations for the FY 2007-08 which have not been completed, encumbered, nor included in the FY 2009-13 CIP, are hereby carried over for each applicable project to the FY 2008-09. Certain Development Impact Fees from future revenue may be used to replace the expenditure of current capital reserve funds in the CIP. Section 4. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditures of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The City Manager may authorize expenditures of funds in amounts up to $30,000. Any expenditure of funds in excess of $30,000 requires City Council action. C. The City Manager may approve change orders on Public Works contracts in amounts up to $30,000, if sufficient appropriated funds are available. D. The City Manager may authorize transfers up to $30,000 between approved Capital Improvement Program projects. E. Notwithstanding Section 4. B. above, pursuant to Section 3.32.050 of the Municipal Code, the City Manager may authorize Public Works contracts in amounts up to $30,000. Any expenditures of Public Works funds in excess of $30,000 require City Council action, except that the City Manager may approve change orders on Public Works contracts approved by the Council in amounts up to project contingency established by Council. Section 5. Certification: The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 10th day of June 2008. ATTEST: Susan W. Jones, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Michael S. Naggar, Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 08- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 10th day of June 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC, City Clerk 5 California ~ociet~ o f c~/~,unicipal ~inance Officers Certificate of Award For Excellence in Capital Budgeting Fiscal Year 2007-2008 The California Society of Municipal Finance Officers (CSMFO) proudly presents this certifrcate to City of Temecula For meeting the criteria established to achieve tl:e Excellence rn the CAPITAL BUDGET CATEGORY. March 6, 2008 Brad Grant CSMFO President Cindy Guziak, Chair Budgeting & Financial Reporting 6 ~' H E CITIZENS OF TEMECULA CITY COUNCIL CITY MANAGER Shawn D. Nelson Ilyd~_ l'484 CITY ATTORNEY Peter M. Thorson COMMISSIONS ADMINISTRATION I COMMUNITY SERVICES Aaron J. Adams Assistant City Manager CITY CLERK Susan W. Jones TEMECULA COMMUNITY SERVICES DEPARTMENT Herman D. Parker INFORMATION SYSTEMS Tim Thorson ECONOMIC DEVELOPMENT COMMUNITY DEVELOPMENT Robert C. Johnson Assistant City Manager PLANNING Debbie Ubnoske BUILDING&SAFETY Mark S. Harald PUBLIC SAFETY 1 HUMAN RESOURCES Grant Yates Deputy City Manager POLICE Jerry Williams FIRE Glenn Patterson HUMAN RESOURCES DEVELOPMENT 1 FINANCE PUBLIC WORKS Bill Hughes REDEVELOPMENT John Meyer FINANCE Genie Roberts 7 THE i i ~ I ~~ a ~ ~ ~ t ~j _~ ~ o PRIORITY I: The project is urgent and must be completed as soon as feasible. Failure to address the project may impact the health, safety, or welfare of the community or have a significant impact on the financial well being of the Cit~~~. The project must be initiated or financial opportunity losses may result. PRIORITY II: The project is important and addressing it is necessary. The project impacts safety, law enforcement, health, welfare, economic base, and/or quality of life. PRIORITY III: The project will enhance quality of life and will provide a benefit to the community. Completion of the project will improve the community by providing cultural, recreational, and/or aesthetic value. PRIORITY N: The project will be an improvement to the community, but does not necessarily need to be completed within afive-year capital improvement program time frame. 8 THE ~~ ~ ~.~.I ~~_ ~ ~~~ 1 - - -~ Administration Costs Estimated Total Proiect Costs Property Zoning percentage Over $la Million 5% Industrial Property $5 Million to $10 Million 8% Commercial/Retail/Office $1 Million to $5 Million 12% Commercial -Old Town $500,000 to $1 Million 15% Rural/Residential $100,000 to $500,000 2a% Flood Plain Less than $100,000 25% Multi-Family Residential Single Family Residential Estimated Total Construction Costs Design Costs Building Type Percenta6e Estimated Cost (vacant, ner sg. ft.) $10.00 $15.00 $65.00 $0.50 - $2.00 $1.00 $5.00 $3.00 Estimated Cost (per sg. ft.) Over $la Million 5% Assembly Use Building $30a $5 Million to $10 Million 8% Office $300 $1 Million to $5 Million 12% Multi-Family Housing $175 $500,000 to $1 Million 15% Community Parks {per acre) $300 $l0a,aaa to $Saa,aaa 2a% Neighborhood Parks (per acre) $23a Less than $100,000 25% Parameters for the CIP cost estimates are adjusted annually to reflect current economic conditions and cost of living increases. 9 THE Tf ~~~ ~ ~ I ~~ Assembly Bi112766 (AB 2766) -State funds that are available to implement programs and projects that reduce air pollution from motor vehicles. Assessment District -Bonds are issued to generate proceeds to be used to finance the construction of various capital improvements. Bonds are repaid using assessments received from benefiting property owners within the district property boundaries. Bicycle Transportation Account (BTA) -State funds that are available for projects that improve safety and convenience for bicycle commuters. Capital Project Reserves -City General Funds retained for capital improvement projects. Certificates oFParticipation (COPS) -Certificates of Participation are issued to generate bond proceeds to be used for capital projects. Community Development Block Grant (CDBG) -Federal funds allocated to local government, usually through a local clearinghouse {Riverside County Economic Development Agency), based on a formula, but required to be applied for and used within a broad functional area such as community development. Community Facilities District (CFD) - A tool that allows the City to construct desired and authorized public improvements with costs of the projects paid for by the benefited properties within the boundaries of a designated area. The costs are then financed through the issuance of bonds payable over a period of years. Development Impact Fees (DIF and DIF-Various) -Fees generated by development applications to offset the effect of development to include infrastructure, fire protection, public facilities and services, libraries, roads, schools, parks, traffic signal mitigation and open space/public art. Fees are determined by the cost of the project at the time of application. Donations -Funding pledged from other agencies or individuals to finance the construction of capital public improvements. Economic Development Initiative (EDI) -This is a federal grant designed to improve public facilities at the local government levels. Federal Funding Request -Federal funding has been requested from legislators to help finance construction of the Old Town Gymnasium project. 10 Highway Bridge Rehabilitation & Replacement (HBRR) -Authorized by the Federal Transportation Equity Act for the 21~` Century (TEA - 21}, this program provides for the replacement or rehabilitation of public highway bridges over waterways, other topographical barriers, other highways or railroads. Indian Gaming MOU -The passage of Propositions 94, 95, 96, and 97 preserves tribal gaming agreements and increases the percentage of revenues Indian tribes pay to the State. These propositions also require local jurisdictions to negotiate memorandums of understanding with local Indian tribes to offset the impacts of Indian gaming on public services and infrastructure. Measure A Local Streets and Roads / Measure A Highway Program -Funds generated from the one-half percent sales tax levied throughout Riverside County to carry out transportation projects by the County and cities. Public Lands and Highways Program (PLH) -This is a federal grant used for the improvement of roads and highways. Quimby -The City's park-in-lieu or park development fee is assessed under provisions of the Subdivision Map Act which allows the City to require the dedication of land or the payment of a fee in lieu of land to be used for the purchase (or development) of park property. Redevelopment Agency Tax Increment Bond Funds (RDA) -This Agency has the authority to pay for public improvements that will be repaid from tax revenue received by the Agency. The size of the bond issue is dependent on the amount of tax revenue received. No additional tax is paid by properties within the redevelopment area. The Agency receives its revenue from its ability to collect the full amount of taxes paid by all new development (above a base figure established by the County), rather than sharing this tax growth with other agencies, except as specified in various pass-through agreements. RDA/Low/Moderate Housing (RDA Housing) -Funding source is available from the City's Redevelopment Agency. State law requires that 20% of gross RDA proceeds be set aside to fund housing opportunities for low-and moderate-income families. ReimbursementslOther -Funding made available from other agencies or sources on a reimbursement, donation, and contribution basis. The actual reimbursement agreement states the conditions of reimbursement specific to a particular project. Rule 20A (Southern California Edison) -The California Public Utilities Commission's (CPUC) Rule 20 sets policies and procedures for the conversion of overhead power lines and other equipment to underground facilities, a process called "undergrounding." Rule 20A projects are paid for by all Southern California Edison (SCE) ratepayers. The city and county governments choose these projects and apply for funding. Safe, Accountable, Flexible, Efficient, Transportation Equity Act -Legacy for Users (SAFETEA - LU) -Signed into law on August 10, 2005, and provides for highways, highway safety, and public transportation to improve safety, reduce traffic congestion, and other activities related to solving transportation problems. This new program takes over where STP, TEA-21, and ISTEA left off. 11 Safe Routes to School Program (SR2S) -Competitive Grant through CalTrans to construct facilities that enhance the safety for pedestrians and bicyclists. Senate Bill 621 and Senate Bill 288 (Special Distribution Funds) - Represents a regional organization made up of tribal governments primarily within Riverside and San Bernardino counties. TASIN member tribes contribute a percentage of their gaming revenues to the Indian Gaming Special Distribution Fund {SDF}, as established by the State Legislature, to offset the impacts of Indian gaming on public services and infrastructure. State Transportation Improvement P-•ogram (STIP) Augmentation -State funds from a proposition 1B bond measure that shall be used as additional augmentation funding for the five-year State Transportation Improvement Programs. Surface Transportation Program (STP) (STPL) and Transportation Enhancement Activities (TEA) -Federal funds available for local agencies to improve the safety and efficiency of the local transportation system. Funds are available for both the planning and construction phases of projects. Traffic Light Synchronization Program (TLSP) -State funds from proposition 1B bond measure that shall be used to fund traffic light synchronization projects to improve safety, operations, and the effective capacity of local streets and roads. Transportation Uniform Mitigation Fee (TUNE) -Multi jurisdictional development impact fee paid for by new development to provide the transportation infrastructure necessary to accommodate new development. 12 T' F-9 E ~~~~ : ~ ~: i r~c=_ l 989 Projected Projected Projected Projected Projected Available Fund 2008!2009 2009!2010 2010!2011 2011!2012 2012!2013 Projected Funds FUNDING SOURCE Balance Revenue Revenue Revenue Revenue Revenue Available Assembly Bi112766 $527,876 $116,000 $118,320 $120,686 $123,100 $125,562 $1,131,544 Assessment District 3,365,000 3,365,000 Capital Project Reserves 10,010,931 23,699,881 2,718,905 36,429,717 Certificates of Participation 22,739,000 531,428 23,270,428 Community Development Block Grant 2,434,572 1,015,011 3,449,583 Community Facilities Districts 46,842,780 988,940 127,903 47,959,623 Development Impact Fees (DIF) Old Structure: Fire Public Facilities Road Median Improvements 10,548 10,548 Development Impact Fees {DIF~ -New Structure: Corporate Facilities 157,043 208,049 229,229 436,828 563,353 496,235 2,090,737 Fire Facilities 121,959 158,633 265,760 346,629 207,146 1,100,127 Library Facilities 38,574 161,502 494,783 910,977 810,907 2,416,743 Open Space and Trails 1,134,324 30,755 156,543 364,550 663,145 454,673 2,803,990 Parks and Recreation 551,170 105,514 494,819 1,049,971 1,914,811 1,171,867 5,288,152 Police Facilities 331,999 94,277 141,433 238,896 328,174 206,160 1,340,939 Public Art 20,765 16,161 1,600 14,550 27,550 36,050 116,676 Quimby 246,928 62,835 343,397 662,543 1,284,750 846,451 3,446,904 Streetlmprovements 2,131,746 3,264,553 2,675,454 3,063,899 1,420,752 1,043,752 13,600,156 Traffic Signals 1,123,050 466,021 385,521 445,390 214,573 151,066 2,785,621 Donations 545,989 545,989 Economic Development Initiative (EDI) Grant 162,000 162,000 Federal Funding Request 850,000 850,000 Highway Bridge Rail Replacement {HBRR} 1,198,758 3,139,223 4,337,981 Indian Gaming MOU 134,318 8,738,267 8,872,585 Measure A {Local Streets and Roads} 6,464,336 3,161,000 2,292,000 2,338,000 2,431,000 2,577,000 19,263,336 Measure A {Highway Program} 9,528,728 3,374,822 12,903,550 Public Lands and Highways Program (PLH} 3,976,355 3,976,355 CITY OF TEI4ZECULA -CAPITAL IlVIPROVEMENT PROGRAAZ 13 FUNDING SOURCE Projected Available Fund 2008!2009 Balance Revenue Projected Projected 2009!2010 2010!2011 Revenue Revenue Projected 2011!2012 Revenue Projected 2012!2013 Revenue Projected Funds Available State and Federal Grants: Bicycle Transportation Account (BTA) 395,000 395,000 SAFETEA-LU 3,200,000 3,200,000 Transportation Enhancement Activities (TEA} 1,041,332 1,133,000 2,174,332 STIPAugmentation 10,806,224 20,738,776 31,545,000 STP 417,264 417,264 STPL 2,720,000 2,720,000 Safe Routes to School Program (SR2S) 425,520 425,520 Traffic Light Synchronization Program (TLSP} 515,000 515,000 Redevelopment Agency (RDA} TAB 2006 19,906,737 286,914 20,193,651 Redevelopment Agency (RDA} TAB 2007 3,069,694 357,292 25,767 3,452,753 RDA Housing 8,193,831 1,327,249 2,670,653 3,283,050 3,332,118 3,376,642 22,183,543 Reimbursements/Other 1,384,857 2,419,913 75,000 4,682,544 50,000 8,612,314 Rule 20A (Southern California Edison) 1,750,000 1,750,000 Senate Bill 621 & 288 (Special Distribution Funds} 8,456,531 8,456,531 TUMF 14,688,933 13,284,797 34,257,224 16,557,769 78,788,723 TOTAL REVENUE $133,304,146 $66,994,367 $45,636,966 $61,247,402 $46,922,747 $32,242,287 $386,347,915 CITY OF TEI4ZECULA -CAPITAL IlVIPROVEMENT PROGRAAZ 14 TF7E ~ ~ ~ l~le~J ~~~ JJ ~~ ~ ~ ~ ~~ In~c_ 7989 Page No. Source of Funds Abbott Corporation Roadway Improvements 35 Capital Project Reserves Auxiliary Lanes on Interstate-15 in Temecula 37 Capital Project Reserves Unspecified* Butterfield Stage Road Extension Beltway Project 39 CFD {Roripaugh Ranch) Citywide Adaptive Traffic Light Synchronization System 41 DIF (Traffic Signal) TLSP (Prop 1 B) Closed Circuit Television Installation on Temecula Parkway and Pechanga Parkway 43 Senate Bill 621 Flashing Beacons 45 DIF (Traffic Signals) French Valley Parkway /Interstate-15 Over- Crossing and Interchange Improvements 47 Capital Project Reserves DIF (Street Improvements) DIF (Public Facilities) TUMF* Measure P~Local Street and Road Measure AcHighway Program CFD {Harveston) Federal Highway Administration SAFETEA- LU Reimbursements/Other {Land Donation}** STIP Augmentation Unspecified*** French Valley Parkway /Interstate-15 Qver- Crossing and Interchange Improvements- Phase I 49 DIF (Street Improvements) Measure A TUMF {RCTC} Unspecified" Actuals to Total Project Cost to Date 2008.09 2009-10 2010-11 2011-12 2012-13 Cost Complet 10,047 750,000 25, 500, 000 15, 757,196 103,000 515, 000 33,520 15Q,159 217,846 20,000 20,000 750,000 750,000 140,000 150,047 140,000 4,885,000 4,885,000 4,885,000 41,257,196 41,257,196 103,000 103,000 515,000 515,000 401,525 368,005 40,000 40,000 1, 927, 240 1, 927, 240 1, 927, 240 1, 795, 711 1, 795, 711 1, 795, 711 75, 360 75, 360 3,469,088 12,852,884 1,676,860 25,365,522 12,868,954 56,233,308 52,764,220 750, 000 1, 593, 876 2, 343, 876 1, 593, 876 9,528,728 3,374,822 12,903,550 12,903,550 1, 005, 840 1, 005, 840 8, 000 8, 000 1, 600, 000 1, 600, 000 1, 600, 000 s,oao,ooo s,ooo,ooo 10,806,224 20,736,776 31,545,000 31,545,000 3,286,224 3,286,224 3,286,224 444,203 444,203 435,457 203,013 1,440,750 2,079,220 1,643,763 77,130 370,678 5,707,937 6,297,500 3,688,815 16,142,060 16,064,930 62,435 82,435 82,435 15 CITY OE TEIVIECULA-CAPITAL IMPROVEMENT PROGRAM Page Actuals to Total Project Cost to Project Na. Source of Funds Date 2D08.09 2009-10 2D70-11 2011-12 2012-13 Cast Complete Interstate-15 !State Route 79 South Ultimate Interchange 51 CFD {Crowne Hill) 502,211 502,211 Indian Gaming MOU 8,738,267 8,738,267 8,738,267 ReimbursementslOther {Morgan Hill} 1,190,582 1,190,582 SAFETEA-LU 1,600,000 1,600,000 1,600,000 Senate Bill 621 2,075,078 2,741,677 5,022,823 9,839,572 7,764,494 TUMF" 4,352,000 100,000 5,900,000 10,352,000 6,000,000 Main Street Bridge Over Murrieta Creek {Replacement} 53 Capital Project Reserves 41,729 41,729 DIF (Street Improvements) 282,901 3,179,852 3,462,753 3,179,852 HBRRP 1,198,758 3,139,223 4,337,981 4,337,981 Meadows Parkway Bike Lane 55 DIF (Street Improvements) 266,380 266,380 266,380 Medians and Parkways-Citywide 57 DIF (Medians) 10,548 10,548 10,548 DIF (Street Improvements) 190,102 190,102 190,102 Murrieta Creek Bridge and Overland Drive Extension to Diaz Road 59 Capital Project Reserves 213,600 213,600 DIF (Street Improvements) 238,431 903,969 750,000 2,030,000 2,130,000 6,052,400 5,813,969 Unspecified" 4,445,000 4,445,000 4,445,000 Nicolas Valley-Assessment District {Liefer Road} 61 Capital Project Reserves 250,000 250,000 250,000 Assessment District (proposed) 3,365,000 3,365,000 3,365,000 Pavement Rehabilitation Program-Gitywide 63 MeasureA 3,000,000 3,000,000 2,500,000 2,500,000 2,500,000 13,500,000 13,500,000 Pavement Rehabilitation - De Portola Road 65 MeasureA 80,944 1,598,702 1,679,646 1,598,702 STP 417,264 417,264 417,264 Pavement Rehabilitation -STPL Project 67 MeasureA 177,365 234,635 412,000 234,635 STPL 2,720,000 2,720,000 2,720,000 Pechanga Parkway -Dual Right Turn Lanes from Temecula Parkway 69 Indian Gaming MOU 134,318 134,318 134,318 Senate Bill 621 86,956 324,032 410,988 324,032 Pechanga Parkway Improvements -Phase II 71 AD 159 (Deer Hollow Way) 2,455,521 2,455,521 AD 159 (Wolf Valley Channel) 4,839,554 4,839,554 CFD (Wolf Greek} 4,291,473 5,073,729 9,365,202 5,073,729 DIF (Street Improvements) 2,233,055 2,233,055 PLH Program 23,645 3,976,355 4,000,000 3,976,355 Reimbursements/Other {Bonds) 20,910 20,910 20,910 Reimbursements/Other (Pechanga Indian Tribe Contr.) 2,700,000 1,700,000 4,400,000 1,700,000 Reimbursements/Other(RCWD) 227,162 94,870 322,032 94,870 16 CITY OE TENIECULA-CAPITAL IMPROVEMENT PROGRAM Page Actuals to Total Project Cost to Project No. Source of Funds Date 2D08.09 2009-10 2D70-11 2011-12 2012-13 Cast Complete Temecula Greek Grossing for Access to Temecula Parkway 73 DIF (Street Improvements) 150,000 150,000 150,000 Unspecified" 9,350,000 9,350,000 9,350,000 Temecula Parkway Re-Striping of Eight Lanes from Interstate-15 to Pechanga Parkway 75 DIF (Street Improvements) 5,229 Traffic Signal Installation -Citywide 77 DIF (Traffic Signal) Traffic Signal Interconnect Equipment Installation 79 DIF (Traffic Signal) 10,000 Western Bypass Bridge Over Murrieta Creek 81 ReimbursementslOther {Developer) TUMF (WRCOG) 100,427 Winchester RoadiHighway 79 North Corridor Beautification 83 Capital Project Reserves 10,800 CFD (Roripaugh Ranch) DIF (Street Improvements) 254,473 TEA 149,771 155,000 149,771 500,000 400,000 400,000 400,000 700,000 2,400,000 2,400,000 345,000 355,000 345,000 4,682,544 4,682,544 4,682,544 1,365,371 2,594,202 4,Q60,000 3,959,573 10, 800 1, 000, 000 1, 000, 000 1, 000, 000 64,678 941,899 1,261,050 1,006,577 1,133, 000 1,133, 000 1,133, 000 TOTAL CIRCULATION PROJECTS $38,701,781 $71,385,384 $66,280,047 $53,636,342 $40,436,250 $41,460,000 $311,899,804 $273,198,023 Alternative Fueling Station Bike Lane Improvements-Citywide Civic Center Fire Station 73 Living Quarters Upgrade Fire Station Roripaugh Ranch Site History Museum Expansion Integrated Facility Alarm System -Citywide Library Additional Parking 87 AB 2766 89 AB 2766 91 Capital Project Reserves COPS DIF (Corporate Facilities) 93 DIF (Fire) Unspecified" 95 CFD {Roripaugh Ranch} Reimbursements/Other (Riverside County} 97 Unspecified" 99 Unspecified" 101 Capital Project Reserves 150,000 150,000 150,000 50,000 50,000 50,000 50,000 200,000 200,000 1,350,696 27,066,676 2,325,000 30,742,572 29,391,676 23,270,428 23,270,428 23,270,428 600,000 600,000 600,000 150,000 950,000 1,100,000 1,100,000 460,000 460,000 460,000 1,892,821 628,698 2,521,519 628,698 2, 097,10Q 2, 097,100 1,250,000 1,250,000 1,250,000 200,000 200,000 200,000 390,000 390,000 390,000 CITY OF TEMECULA-CAPITAL IMPROVEMENT PROGRAM 17 Page Actuals to Total Project Cost to Project Na. Source of Funds Date 2D08.09 2009-10 2D70-11 2011-12 2012-13 Cast Complete Localized Storm Drain Improvements, Various Locations 103 Capital Project Reserves 53,466 362,500 415,966 362,500 Unspecified* 504,025 504,025 504,025 Long Canyon Detention Basin -Access Road 105 Capital Project Reserves 14,073 93,650 107,723 93,650 Reimbursements/Other (FEMA) 160,000 160,000 160,000 Murrieta Creek Improvements 107 Capital Project Reserves 125,000 150,000 150,000 150,000 575,000 450,000 Unspecified* 150,000 150,000 300,000 300,000 Murrieta Creek Multi-Purpose Trail 109 DIF (Public Facility} 127,200 127,200 DIF (Open Space) 215,375 817,157 1,032,532 817,157 TEA 198, 239 1, 041, 332 1, 239, 577 1, 041, 332 Old Town Gymnasium 111 Boys & Girls Glub Donation 545,989 545,989 545,989 GDBG 18,151 381,849 1,015,011 1,415,011 1,396,860 Reimbursements/Other" 50,000 50,000 50,000 E D I 162, 000 162, 000 162, 000 Federal Funding Request 850,000 850,000 850,000 Open Space Acquisition Program 113 Capital Project Reserves 506,226 506,226 506,226 PedestrianlBicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System 115 DIF (Open Space/Trails) 300,888 300,888 300,888 Reimbursements/Other (Harveston Contribution) 52,858 97,142 150,000 97,142 SRTS 425,520 425,520 425,520 Santa Gertrudis Creek PedestrianiBicycle Trail Extension And Interconnect 117 Bicycle Transportation Account (BTA} 395,000 395,000 395,000 Capital Project Reserves 75,000 75,000 75,000 Santiago Detention Basin 119 Capital Project Reserves 117,962 133,372 712,300 963,634 845,672 TeenlYoung Adult Center 121 Unspecified* 3,675,000 3,675,000 3,675,000 Temecula Children's Museum Refurbishment Temecula City Entry Monumentation 123 DIF (Parks and Recreation) 125 Capital Project Reserves Reimbursements/Other (Developer Contribution) 127 CDBG* DIF (Quimby) 129 AB 2766 Capital Project Reserves Unspecified* 11,639 238,361 114,000 250,000 238,361 114,000 114,000 Temecula Community Genter Expansion Temecula Park and Ride 235,277 2,052,723 2,288,000 2,052,723 400,000 400,000 400,000 15,974 450,627 466,601 450,627 248,627 24,340 272,967 24,340 948,870 948,870 948,870 TOTAL INFRASTRUCTURE/OTHER PROJECTS $6,774,658 $60,375,489 $3,237,300 $350,000 $6,631,870 $4,329,025 $81,698,342 $74,923,684 CITY OF TEMECULA-CAPITAL IMPROVEMENT PROGRAM 18 Page Actuals to Total Project Cost to No. Source of Funds Date inns-ng ~nng-~n ~n~n-~~ ~n~~-~~ ~n~~-~s Cast Comalet Children's Museum Parking Lot Renovation 133 Unspecified* Developer Reimbursement- Serena Hills 135 DIF (Parks and Recreation) Dog Park Areas -Various City Parks 137 DIF (Parks & Recreation) Margarita Community Park Erosion Control and Fence 139 Unspecified' Pala Park Retrofit Tennis Court Lights 141 Quimby Play Structure Retrofit at Various Parks 143 DIF (Parks & Recreation) Redhawk Park Improvements 145 DIF (Parks & Recreation) Donations Quimby Reimbursements/Other {CSA} ReimbursementslOther {Wolf Creek) Roller Hockey Rink 147 DIF (Parks & Recreation) Ronald Reagan Monument Site Preparation 149 DIF (Parks & Recreation) Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond 151 Reimbursements/Other (Fema) Ronald Reagan Sports Park North/South Fields Back Stops, Dugout and Parking Lot with Trash Enclosures 153 DIF (Quimby) DIF (Parks & Recreation} Roripaugh Ranch Open Space Trails 155 DIF (Open Space) Reimbursements/Other {County} Rotary Park Lighting 157 Unspecified* Sam Hicks Monument Park Playground Replacement 159 DIF (Parks & Recreation) Santiago /Ynez Park Site Design 161 DIF (Parks & Recreation} Skate Park Drainage Improvements 163 DIF (Parks & Recreation} Vail Ranch Park Improvements 165 DIF (Parks & Recreation} Vail Ranch Park Site D 167 DIF (Parks & Recreation) 140, 000 140, 000 140, 000 265,815 265,815 265,815 200,000 200,000 200,000 90,000 90,000 90,000 93,750 93,750 93,750 60,000 60,000 60,000 424,000 424,000 424,000 6, 040 6, 040 304, 000 1,176, 000 1,480,000 1,480,000 47,282 522,718 570,000 522,718 800,000 800,000 800,000 14,493 266,352 280,845 266,352 35,000 35,000 35,000 158,182 396,130 75,000 629,312 471,130 659,136 659,138 659,138 197,392 197,392 197,392 31,607 115,126 146,733 115,126 30, 000 30, 000 90,000 90,000 90,000 175,000 175,000 175,000 55, 000 120, 000 175, 000 175, 000 234,000 234,000 234,000 800,000 800,000 800,000 1,843,000 1,843,000 1,843,000 19 CITY OE TENIECULA-CAPITAL IMPROVEMENT PROGRAM Page Actuals to Total Project Cost to Project Na. Source of Funds Date 2D08.09 2009-10 2D70-11 2011-12 2012-13 Cast Complete Veteran's Memorial Pavers- Phase III 169 DIF (Parks & Recreation} 40,000 40,000 40,000 Reimbursements/Other (VFU1f) 13,000 13,000 13,000 Ynez Road and Overland Landscaping 177 Unspecified* 200,000 200,000 200,000 TOTALPARKSI RECREATIONPROJECTS $287,604 $2,479,141 $310,000 $409,000 $2,629,280 $3,563,000 $9,678,025 $9,390,421 Affordable Housing Affordable Housing Projects -Future Obligations Auto Mall Sign NW RDA Property Grading and NPDES Compliance Old Town Infrastructure Projects -Mercedes Street and Main Street Old Town Infrastructure Projects -Parking Structure, Office and Retail Old Town Infrastructure Projects -Relocation of Existing Structures /Demolition and Grading Old Town Infrastructure Projects -Town Square Old Town Infrastructure Projects - Underground Utilities Residential Improvement Programs 175 RDA Housing 8,750,000 2,000,000 2,500,000 2,000,000 2,000,000 17,250,000 77,250,000 177 RDA Housing 305,000 305,000 305,000 305,000 305,000 1,525,000 1,525,000 179 RDA (Bonds} 800,000 800,000 800,000 181 RDA Housing 300,000 50,000 50,000 50,000 50,000 500,000 500,000 183 RDA (Bonds) 257,450 2,573,550 2,831,000 2,573,550 185 Capital Project Reserves 492,919 492,919 492,919 DIF (Police Facilities} 27,142 651,589 678,731 651,589 RDA (Bonds} 1, 026, 784 13, 780, 211 3, 521, 355 18, 328, 350 17, 301, 566 187 Capital Reserves 530,000 530,000 530,000 RDA (Bonds) 187,040 342,960 530,000 342,960 189 RDA (Bonds} 196,204 2,294,796 2,491,000 2,294,796 191 Rule 20A 1,750,000 1,750,000 1,750,000 RDA (Bonds) 1,468 333,532 335,000 333,532 193 RDA Housing 131,965 200,000 200,000 200,000 200,000 200,000 1,131,965 1,000,000 TOTAL REQEVELOPMENTIHOUSING PROJECTS $1,828,053 $33,104,557 $6,076,355 $3,055,000 $2,555,000 $2,555,000 $49,173,965 $47,345,912 CITY OF TEMECULA-CAPITAL IMPROVEMENT PROGRAM 20 i ~~ ~~ a ~ ~ ~ ~ ~. ~ ~ ~ ~~ ~ - ~~I~. 1~~~ ~~ i ! i = ~ 21 THE I ~ T~ rf ~ ~ ~'~~ z ~~ #! - ~ ar~~c. 1#89 STATE gyp' 4% SPECIAL DISTRICTS FEDEF 12°/ CITY 15% OTHER 5% covNTY 30% PROJECTED FUNDS AVAILABLE: X386,347,915 22 CITY OF TEMECULA -CAPITAL IMPROVEMENT PROGRAM THE ',~1~ T~~ a ~ ~~, _ ~ ~ J t _ ~~~ _ INC_ 7989 RDA INFRASTRUCTURE $81,698,342 ~ATION $311,899,804 PROJECTED EXPENDITURES: $452,450,136 23 CITY OF TEMECULA -CAPITAL IMPROVEMENT PROGRAM PARKS $49,173,965 Irdc__ 189 ~l~ I/ Available Fund Actuals to Project Pg No. Balance Date Bike Lane Improvements-Citywide Temecula ParkandRide Total Cost Total Revenue Nicolas Valley- Assessment District (Liefer Road) Pechanga Parkway Improvements -Phase II Pechanga Parkway Improvements -Phase II Total Cost Total Revenue ~ ' i Abbott Corporation Roadway Improvements Auxiliary Lanes on Interstate-15 in Temecula Civic Center French Valley Parkway I Interstate-15 Over-Crossing and Interchange Improvements Library Additional Parking Localized Storm Drain Improvements, Various Locations Long Canyon Detention Basin -Access Road Main Street Bridge Over Murrieta Creek (Replacement) Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Murrieta Creek Improvements Nicolas Valley- Assessment District (Liefer Road) Old Town Infrastructure Projects -Parking Structure, Office and Retail Old Town Infrastructure Projects -Relocation of Existing Structures J Demolition and Grading Open Space Acquisition Program Santa Gertrudis Creek PedestrianJBicycle Trail Extension And Interconnect Santiago Detention Basin Temecula City Entry Monumentation Temecula Park and Ride Winchester RoadlHighway 79 North Corridor Beautification Total Cost Total Revenue 87 89 129 61 71 71 150,000 50,000 50,000 50,000 50,000 15,974 450,627 15,974 650,627 50,000 50,000 50,000 116, 000 118, 320 120, 686 123,100 3,365,000 2,455,521 Total Project Cost To Funds Cost Complete Available 150,000 150,000 200,000 200,000 466,601 450,627 87 6,601 800,627 1,131,54 3,365,000 3,365,000 2,455,521 7,295,075 3,365,000 10,660,075 3,365,000 3,365,000 3,365,000 35 750,000 750,000 750,000 37 10,047 140,000 150,047 140,000 91 1,350,896 27,066,676 2,325,000 30,742,572 29,391,676 47 1,927,240 1,927,240 1,927,240 101 390,000 390,000 390,000 103 53,466 362,500 415,966 362,500 105 14,073 93,650 107,723 93,650 53 41,729 41,729 59 213,600 213,600 107 125,000 150,000 150,000 150,000 575,000 450,000 61 250,000 250,000 250,000 185 492,919 492,919 492,919 187 530,000 530,000 530,000 113 506,226 506,226 506,226 75,000 75,000 75,000 119 117,962 133,372 712,300 963,634 845,672 125 114,000 114,000 114,000 129 248,627 24,340 272,967 24,340 83 10,800 10,800 2,186,200 30,938,683 5,114,540 150,000 140,000 38,529,d23 36,343,223 10.010.931 0 23,699,881 2.718.905 36.429.717 CITY OF TEMECULA -CAPITAL IMPROVEMENT PROGRAM 24 Available Fund Actuals to Total Project Cost To Funds Project Pg Na. Balance Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Complete Available ~ ' ~ i Civic Center 91 23,270,428 23,270,428 23,270,d28 Old Town Gymnasium Temecula Community Center Expansion Total Cast Total Revenue 111 127 Total Cost Total Revenue 39 95 Butterfield Stage Road Extension Beltway Project Fire Station Roripaugh Ranch Site French Valley Parkway! Interstate-15 Over-Crossing and Interchange Improvements Interstate-15lTemecula Parkway Ultimate Interchange Pechanga Parkway Improvements -Phase II Winchester RoadMighway 79 North Corridor Beautification Total Cost Total Revenue 1 • i ~ ~ 1 DIF -Corporate Facilities Civic Center Total Cost Total Revenue DIF -Fire Facilities Fire Station 73 Living Quarters Upgrade DIF -Library Facilities Library Advanced Payment" Total Cost Total Revenue 47 51 71 83 91 18,151 381,849 35.277 2.052.723 25,500, 000 15,757,196 1,892,821 628,698 1,015,011 1,415,011 1,396,860 41,257,196 41,257,196 2,521,519 628,698 600,000 600,000 600,000 157,043 0 208,049 229,229 436,828 563,353 496,235 2,090,737 93 150,000 950,000 1,100,000 1,100,000 150,000 950,000 1,100,000 1,100,000 0 121.959 158.633 265.760 346.629 207,146 1.100.127 Total Cost Total Revenue DIF -Open Space Murrieta Creek Multi-Purpose Trail 109 Roripaugh Ranch Open Space Trails 155 PedestrianlBicycle Bridge Over Santa Gertrudi s Creek to Chaparral High School and City Trail System 115 Total Cost Total Revenue 215,375 817,157 31,607 115,126 1,032,532 817,157 146,733 115,126 246,982 1,233,171 1,480,153 1,233,171 1,134,324 0 30,755 156,543 364,550 663,145 454,673 2,803,990 CITY OF TEMECULA -CAPITAL IMPROVEMENT PROGRAM 25 1,005,840 1,005,840 502,211 502,211 Available Fund Actuals to Total Project Cost To Funds Project Pg Na. Balance Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Complete Available DIF - ParkslRecreation Developer Reimbursement -Serena Hills 135 265,815 265,815 265,815 Dog Park Areas -Various City Parks 137 200,000 200,000 200,D00 Play Structure Retrofit at Various Parks 143 60,000 60,000 60,000 Redhawk Park Improvements 145 424,000 424,000 424,000 RollerHockey Rink Renovation 147 14,493 266,352 280,845 266,352 Ronald Reagan Monument Site Preparation 149 35,000 35,000 35,000 Ronald Reagan Sports Park NorthlSouth Fields Back Stops, Dugout and Parking Lot with Trash Enclosures 153 197,392 197,392 197,392 Sam Hicks Monument Park Playground Replacement 159 175,000 175,000 175,000 Santiago / Ynez Park Site Design 161 55,000 120,000 175,000 175,000 Skate Park Drainage Improvements 163 234,000 234,000 234,000 Vail Ranch Park Improvements 165 800,000 800,000 800,000 Vail Ranch Park Site D 167 1,843,000 1,843,000 1,843,000 Veteran's Memorial Pavers -Phase III 169 40,000 40,000 40,D00 Temecula Children's Museum Refurbishment 123 11,639 238,361 250,000 238,361 Total Cost 26,132 870,528 235,000 409,000 1,052,392 2,387,000 4,980,052 4,953,920 Total Revenue 551,170 105,514 494,819 1,049,971 1,914,811 1,171,867 5,288,152 DIF -Police Facilities Old Town Infrastructure Projects -Parking Structure, Office and Retail 185 27,142 651,589 678,731 651,589 Total Cost 27,142 651,589 678,731 651,589 Total Revenue 331,999 94,277 141,433 238,896 328,174 206,160 1,340,939 DIF -Public Art Total Cost Total Revenue 20,765 16,161 1,600 14,550 27,550 36,050 116,676 DIF -Public Facilities French Valley Parkway! Interstate-15 Over-Cro ssing and Interchange Improvements 47 75,360 75,360 Murrieta Creek Multi-Purpose Trail 109 127,200 127,200 Total Cost 202,560 202,560 Total Revenue DIF -Quimby Pala Park Retrofit Tennis Court Lights 141 93,750 93,750 93,750 Redhawk Park Improvements 145 304,000 1,176,000 1,480,000 1,480,000 Ronald Reagan Sports Park NorthlSouth Fields Back Stops, Dugout and Parking Lot with Trash Enclosures 153 659,138 659,138 659,138 Temecula Community Center Expansion 127 400,000 400,000 400,000 Black Property Agreement's 362,000 362,000 724,000 724,000 Total Cost 762,000 362,000 1,056,888 1,176,000 3,356,888 3,356,888 Total Revenue 246,928 62,835 343,397 662,543 1,284,750 846,451 3,446,904 DIF -Road Median Improvements Medians and Parkways-Citywide 57 10,548 10,548 10,548 Total Cost 10,548 10,548 10,548 Total Revenue 10,548 10,548 26 CITY OF TEMECULA -CAPITAL IMPROVEMENT PROGRAM Project DIF -Street Improvements French Valley Parkway! Interstate-15 Over-Crossing and Interchange Improvements French Valley Parkway! Interstate-15 Over-Crossing and Interchange Improvements-Phase I Main Street Bridge Over Murrieta Creek (Replacement) Meadows Parkway Bike Lane Medians and Parkways-Citywide Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Pechanga Parkway Improvements -Phase II Temecula Creek Crossing forAccess to Temecula Parkway Temecula Parkway Re-Striping of Eight Lanes from Interstate- 15 to Pechanga Parkway Winchester RoadMighway 79 North Corridor Beautification Total Cast Total Revenue DIF -Traffic Signals Available Fund Actuals to Pg No. Balance Date 2008-09 2009-10 2010-11 2011-12 2012-13 47 49 53 55 57 59 71 73 75 83 Total Project Cost To Funds Cost Gamplete Available 1,795,711 1,795,711 1,795,711 444,203 444,203 282,901 3,179,852 3,462,753 3,179,852 266,380 266,380 266,380 190,102 190,102 190,102 238,431 903,969 750,000 2,030,000 2,130,000 6,052,400 5,813,969 2,233,055 2,233,055 150,000 150,000 150,000 5,229 149,771 155,000 149,771 3,458,292 3,520,611 4,871,751 2,030,000 2,130,000 16,010,654 12,552,362 2,131,746 3,264,553 2,675,454 3,063,899 1,420,752 1,043,752 13,600,156 0,000 103,000 20,000 500,000 345,000 400,000 20,000 400,000 400,000 700,000 103,000 40,000 2,400,000 355,000 103,000 40,000 2,400,000 345,000 10,000 968,000 400,000 420,000 400,000 700,000 2,898,000 2,888,000 1,123,050 466,021 385,521 d45,390 214,573 151,066 2,785,621 6,040 545,989 545,989 6,040 545,989 6,040 545,989 552,029 545,989 545,989 545,989 Citywide Adaptive Traffic Light Synchronization System 41 Flashing Beacons 45 Traffic Signal Installation -Citywide 77 Traffic Signal Interconnect Equipment Installation 79 Total Cost Total Revenue Ir r Old Town Gymnasium 111 Redhawk Park Improvements 145 Total Cost Total Revenue Old Town Gymnasium Total Cost Total Revenue . ~ Old Town Gymnasium Total Cost Total Revenue ~.. . ~~ Main Street Bridge Over Murrieta Creek (Replacement) Total Cost Total Revenue 111 162,000 162,000 162,000 162,000 162,000 162,000 162.000 162.000 111 53 850,000 850,000 850,000 850,000 850,000 1,198,758 3,1 CITY OF TEMECULA -CAPITAL IMPROVEMENT PROGRAM 27 Available Fund Actuals to Total Project Cost To Funds Project Pg Na. Balance Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Complete Available Interstate-15 !State Route 79 South Ultimate Interchange 51 8,738,267 8,738,267 8,738,267 Pechanga Parkway-Dual Right Turn Lanes from Temecula Parkway 69 134,318 134,318 134,318 Total Cost 134,318 8,738,267 8,872,585 8,872,585 Total Revenue 134,318 8,738,267 8,872,585 French Valley Parkway! Interstate-15 Over-Crossing and Interchange Improvements 47 9,528,728 3,374,822 12,903,550 12,903,550 Total Cost 9,528,728 3,374,822 12,903,550 12,903,550 Total Revenue 9,528,728 3,374,822 12,903,550 i 'i French Valley Parkway! Interstate-15 Over-Crossing and Interchangelmprovements 47 750,000 1,593,876 2,343,876 1,593,876 French Valley Parkway! Interstate-15 Over-Crossing and Interchange Improvements-Phase I 49 435,457 203,013 1,440,750 2,079,220 1,643,763 Pavement Rehabilitation - De Portola Road 65 80,944 1,598,702 1,679,646 1,598,702 Pavement Rehabilitation - STPL Project 67 177,365 234,635 412,000 234,635 Pavement Rehabilitation Program-Citywide 63 3,000,000 3,000,000 2,500,000 2,500,000 2,500,000 13,500,000 13,500,000 Measure A Debt Service" 565,400 565,400 565,400 Total Cost i,d43,766 7,195,626 4,440,750 2,500,000 2,500,000 2,500,000 20,580,142 19,136,376 Total Revenue 6,464,336 3,161,000 2,292,000 2,338,000 2,431,000 2,577,000 19,263,336 Pechanga Parkway Improvements -Phase II 71 23,645 3,976,355 4,000,000 3,976,355 Total Cost 23,645 3,976,355 4,000,000 3,976,355 Total Revenue 3,976,355 3,976,355 28 CITY OF TEMECULA -CAPITAL IMPROVEMENT PROGRAM French Valley Parkway! Interstate-15 Over-Crossing and Interchange Improvements French Valley Parkway! Interstate-15 Over-Crossing and Interchange Improvements French Valley Parkway! Interstate-15 Over-Crossing and Interchange Improvements Interstate-15 !State Route 79 South Ultimate Interchange Murrieta Creek Multi-Purpose Trail Pavement Rehabilitation - De Portola Road Pavement Rehabilitation - STPL Project PedestrianlBicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System Santa Gertrudis Creek PedestrianlBicycle Trail Extension And Interconnect Winchester RoadMighway 79 North Corridor Beautification Total Cost Total Revenue ~ ~ . ~ Auto Mall Sign Old Town Infrastructure Projects -Mercedes Street and Main Street Old Town Infrastructure Projects -Parking Stmcture, Office and Retail Old Town Infrastructure Projects -Relocation of Existing Structures 1 Demolition and Grading Old Town Infrastructure Projects -Town Square Old Town Infrastructure Projects -Underground Utilities Total Cost Total Revenue Affordable Housing Affordable Housing Projects -Future Obligations NW RDA Property Grading and NPDES Compliance Residential Improvement Programs Total Cost Total Revenue 47 8,000 8,000 47 1,600,000 1,600,000 1,600,000 47 10,806,224 20,738,776 31,545,000 31,545,000 51 1,600,000 1,600,000 1,600,000 59 198,239 1,041,332 1,239,571 1,041,332 65 417,264 417,264 417,264 67 2,720,000 2,720,000 2,720,000 115 425,520 425,520 425,520 117 395,000 395,000 395,000 83 1,133,000 1,133,000 1,133,000 206,239 5,514,116 4,333,000 10,806,224 20,738,776 41,598,355 41,392,116 5.514.116 4.333.000 10.806.224 20.738.776 41.392.116 179 800,000 800,000 800,000 183 257,450 2,573,550 2,831,000 2,573,550 185 1,026,784 13,780,211 3,521,355 18,328,350 17,301,566 187 187,040 342,960 530,000 342,960 189 196,204 2,294,796 2,491,000 2,294,796 191 1,468 333,532 335,000 333,532 175 8,750,000 2,000,000 2,500,000 2,000,000 2,000,000 17,250,000 17,250,000 177 305,000 305,000 305,000 305,000 305,000 1,525,000 1,525,000 181 300,000 50,000 50,000 50,000 50,000 500,000 500,000 193 131,965 200,000 200,000 200,000 200,000 200,000 1,131,965 1,000,000 131,965 9,555,000 2,555,000 3,055,000 2,555,000 2,555,000 20,406,965 20,275,000 8,193,831 0 1,327,249 2,670,653 3,283,050 3,332,118 3,376,642 22,183,543 29 CITY OF TEMECULA -CAPITAL IMPROVEMENT PROGRAM Available Fund Actuals to Total Project Cost To Funds Project Pg No. Balance Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Complete Available Available Fund Actuals to Total Project Cost To Funds Project Pg Na. Balance Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Complete Available ~ ~ Fire Station Roripaugh Ranch Site 95 2,097,100 2,097,100 French Valley Parkway! Interstate-15 Over-Crossing and Interchange Improvements 47 6,000,000 6,000,000 Interstate-151 State Route 79 South Ultimate Interchange 51 1,190,582 1,190,582 Long Canyon Detention Basin -Access Road 105 160,000 160,000 160,000 Old Town Gymnasium 111 50,000 50,000 50,000 Pechanga Parkway Improvements -Phase II 71 20,910 20,910 20,910 Pechanga Parkway Improvements- Phase II 71 2,700,000 1,700,000 4,400,000 1,700,000 Pechanga Parkway Improvements -Phase II 71 227,162 94,870 322,032 94,870 PedestrianlBicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System 115 52,858 97,142 150,000 97,142 Redhawk Park Improvements 145 47,282 522,718 570,000 522,718 Redhawk Park Improvements 145 800,000 800,000 800,000 Ronald Reagan Sports Paris Channel Silt Removal and Desilting Pond 151 158,182 396,130 75,000 629,312 471,130 Roripaugh Ranch Open Space Trails 155 30,000 30,000 Temecula City Entry Monumentation 125 Veteran's Memorial Pavers -Phase III 169 13,000 13,000 13,000 Western Bypass Bridge Over Murrieta Creek 81 4,682,544 4,682,544 4,682,544 Total Cost 12,503,166 3,804,770 75,000 4,682,544 50,000 21,115,480 8,612,314 Total Revenue 1.384.857 2.419.913 75.000 4.682.544 50.000 8.612.314 Old Town Infrastructure Projects -Underground Utilities Total Cost Total Revenue Closed Circuit Television Installation on Temecula Parkway and Pechanga Parkway Interstate-15 !State Route 79 South Ultimate Interchange Pechanga Parkway- Dual Right Turn Lanes from Temecula Parkway Total Cost Total Revenue French Valley Parkway! Interstate-15 Over-Crossing and Interchange Improvements French Valley Parkway! Interstate-15 Over-Crossing and Interchange Improvements-Phase I Interstate-151 State Route 79 South Ultimate Interchange Western Bypass Bridge Over Murrieta Creek Total Cost Total Revenue 191 1,750,000 1,750,000 1,750,000 1,750,000 1,750,000 1,750,000 1.750.000 1.750.000 43 33,520 150,159 217,846 51 2,075,078 2,741,671 5,022,823 401,525 368,005 9,839,572 7,764,494 71 86,956 324,032 410,988 324,032 2,195,554 3,215,862 5,022,823 217,846 10,652,085 8,456,531 47 3,469,088 12,852,884 1,676,860 25,365,522 12,868,954 56,233,308 52,764,220 49 77,130 370,678 5,707,937 6,297,500 3,688,815 16,142,060 16,064,930 51 4,352,000 100,000 5,900,000 10,352,000 6,000,000 81 100.427 1.365.371 2.594.202 4.060.000 3.959.573 CITY OF TEMECULA -CAPITAL IMPROVEMENT PROGRAM 30 Available Fund Actuals to Total Project Cost To Funds Project Pg Na. Balance Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Complete Available Auxiliary Lanes on Interstate-15 in Temecula 37 4,885,000 4,885,000 d,885,000 Children's Museum Parking Lot Renovation 133 140,000 140,000 140,000 Fire Station 73 Living Quarters Upgrade 93 460,000 460,000 460,000 French Valley Parkwayl Interstate-15 Over-Crossing and Interchange Improvements 47 3,286,224 3,286,224 3,286,224 French Valley Parkway! Interstate-15 Over-Crossing and Interchange Improvements-Phase I 49 82,435 82,435 82,435 History Museum Expansion 97 1,250,000 1,250,000 1,250,000 Integrated Facility Alarm System -Citywide 99 200,000 200,000 200,000 Localized Storm Drain Improvements, Various Locations 103 504,025 504,025 504,025 Margarita Community Park Erosion Control and Fence 139 90,000 90,000 90,000 Murrieta Creek Bridge and Overland Drive Extension to Diaz Road 59 4,445,000 4,445,000 4,445,000 Murrieta Creek Improvements 107 150,000 150,000 300,000 300,000 Rotary Park Lighting 157 90,000 90,000 90,000 TeenlYoung Adult Center 121 3,675,000 3,675,000 3,675,000 Temecula Creek Crossing forAccess to Temecula Parkway 73 9,350,000 9,350,000 9,350,000 Temecula Park and Ride 129 948,870 948,870 948,870 Ynez Road and Overland Landscaping 171 200,000 200,000 200,000 Total Cost 8,056,305 21,850,249 29,906,554 29,906,554 Total Revenue Grand Total Cast 47,592,096 167,344,571 75,903,702 57,450,342 52,252,400 51,907,025 452,450,136 404,858,040 Grand Total Revenue 133,304,146 66,994,367 45,636,966 61,247,402 46,922,747 32,242,287 386,347,915 '"The Measure A Loan Debt Service and Library Debt Service costs are not reflected in the total cost reported at the end of the schedule "`This agreement establishes a payment from Quimby for property located at the Old Town Theater- it is not reflected in the total cost reported at the end of the schedule CITY OF TEMECULA -CAPITAL IMPROVEMENT PROGRAM 31 i ~~ ~~ a ~ ~ ~ ~ ~. ~ ~ ~ ~~ ~ - ~~I~. 1~~~ ~~ i ! i = ~ 32 THE ~; ~~ I ~ ~ ~J ~ ~ 'l~Y_/ TABLE OF CONTENTS GIRGULATIOI~I PROJECTS Abbott Corporation Roadway Improvements .......... 3 5 Auxiliary Lanes on Interstate-15 in Temecula ........ 37 Butterfield Stage Road Extension Beltway Project ...................................................................... 39 Citywide Adaptive Traffic Light Synchronization System ...................................................................... 41 Closed Circuit Television Installation on Temecula Parkway and Pechanga Parkway ............................. 43 Flashing Beacons ..................................................... 45 French Valley Parkway /Interstate-15 Over- Crossing and Interchange Improvements ................ 47 French Valley Parkway /Interstate-15 Over- Crossing and Interchange Improvements-Phase I ... 49 Interstate-15 /State Route 79 South Ultimate Interchange ............................................................... 51 Main Street Bridge Over Murrieta Creek (Replacement) .......................................................... 53 Meadows Parkway Bike Lane ................................. 55 Medians and Parkways-Citywide ............................ 57 Murrieta Creek Bridge and Overland Drive Extension to Diaz Road ...................................... ..... 59 Nicolas Valley -Assessment District (Liefer Road) ....................................................... ..... 61 Pavement Rehabilitation Program-Citywide ...... ..... 63 Pavement Rehabilitation - De Portola Road ...... ..... 65 Pavement Rehabilitation - STPL Project ........... ..... 67 Pechanga Parkway -Dual Right Turn Lanes from Temecula Parkway ..................................... ..... 69 Pechanga Parkway Improvements -Phase II..... ..... 71 Temecula Creek Crossing for Access to Temecula Parkway ................................................... 73 Temecula Parkway Re-Striping of Eight Lanes From Interstate-15 to Pechanga Parkway ................ 75 Traffic Signal Installation -Citywide ..................... 77 Traffic Signal Interconnect Equipment Installation ............................................................... 79 Western Bypass Bridge Over Murrieta Creek......... 81 Winchester Road/Highway 79 North Corridor Beautitication ........................................................... 83 33 PROJECT L4CATI4IV Project Title: ABBOTT CORPORATION ROADWAY IMPROVEMENTS ~~ ~ ALFiyjQq OFD SO< Nv~ qo~ G~ ~LE.TOtS Wy VAIL BROOK DR y RA D OVER~AMD DR ~'_`~ m ~' O N p D y ~T ~~~ _~ S~ti ELF p VIALA VEDA 9 ~ ~Np,W P 50 P~ 6~' G~ S~`6 G~ C/ 'per OV ~ ~ ~ W ~ W O ~ m Q O K y O T P~ ~ Q O N O ~~ X00 ARGARITA RD A 9~ ~P ~~ y~o ~O~~Ne 34 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: Scope of Project: Benefit: ABBOTT CORPORATION ROADWAY INIPROVENIENTS Ci1-culation PRIORITY: I Design and construct roadway improvements to improve traffic circulation on Motor Car Parkway, Ynez Road, Margarita Road, and Solana Way. Public Works - Account No. 210.165.620 Project will include the improvement of Motor Car Parkway, Ynez Road, Margarita Road, and Solana Way. Project will provide improved access and circulation. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 100,000 $ 100,000 Construction $ 600,000 $ 600,000 Design $ 50,000 $ 50,000 Totals $ - $ 750,000 $ - $ - $ - $ - $ 750,000 Source of Funds: Capital Project Reserves Total Funding: Future O ~ M Cost: $ - $ $ 750,000 $ 750,000 $ 5,000 Annually - $ $ 750,000 - $ - $ - $ 750,000 35 PRO.IECT LOCATION Project Title: AUXILIARY LANES ON INTERSTATE-15 IN TEMECULA RANCHO N q 36 PROJECT DESCRIPTIOtV Project Title: AUXILIARY LANES ON INTERSTATE-15 IN TEMECULA PRIORITY: Project Type: Circulation Description: Project will construct auxiliary lanes on Interstate-15 between on and off ramps in Temecula. Department: Public Works - Account No. 210.165.634 Scope of Project: Project will include design and construction of auxiliary lanes on Interstate-15 in Temecula. The auxiliary lanes will be constructed at the following locations: northbound on I-15 at Temecula Parkway to Rancho California Road; northbound on I-15 at Rancho California Road to Winchester Road; southbound on I-15 at Winchester Road to Rancho California Road; and southbound on I-15 at Rancho California Road to Temecula Parkway. Benefit: Project will relieve Interstate-15 mainline congestion in Temecula. Project Cost: Artuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 10,047 $ 40,000 $ 200,000 $ 250,047 Construction $ 3,500,000 $ 3,500,000 Construction Engineering $ 200,000 $ 200,000 Design $ 100,000 $ 600,000 $ 700,000 Environmental $ 210,000 $ 210,000 MSHCP $ 175,000 $ 175,000 Totals $ 10,047 $ - $ - $ - $ 140,000 $ 4,885,000 $ 5,035,047 Source of Funds: Capital Project Reserves $ 10,047 $ 140,000 $ 150,047 Unspecified* $ 4,885,000 $ 4,885,000 Total Funding: $ 10,047 $ - $ - $ - $ 140,000 $ 4,885,000 $ 5,035,047 Future O +& M Cost: $ 2,000 Annually *Possibly eligible for Measure A. 37 PROJECT L4CATI4IV Project Title: BUTTERFIELD STAGE ROAD EXTENSION BELTWAY PROJECT W ~ T NGS ROAD _~ O ~ ? e` F ~ ~~ ~rEFER R O RO o ~OR'C4-1 LOpp~ O z ~' w ° n ~ ~a ~ Y z ~ O~ m ¢ w SOUTH LOOP RD ~? Ni m AM1/rg~ z Yc~~ ~ ~ ~ ~ J ~ ° JST~ F O ¢ uJ o ~O A w ~. ~ c ~~ w r ~- ARME~~rq VANO~T U c~R KAHW EA LA SER~Nq WY J ~~ O ~~ ~ ~~~ R~ ~ ~ m2 ~ N _ P~ ~ - O ~ G o ~ _ ~O~/t~' 1 ~ i ~ ~ , 38 PROJEGT DESCRIPTIOtV Project Title: BUTTERFIELD STAGE ROAD EXTENSION BELTWAY PROJECT PRIORITY: Project Type: Circulation Description: Complete Butterfield Stage Road from Rancho California Road to Murrieta Hot Springs Road; Murrieta Hot Springs Road from Butterfield Stage Road to the City limits; and Nicolas Road from Butterfield Stage Road to Calle Girasol, totaling approximately 4.2 miles. Street improvements within the incorporated City limits will include curb, gutter, sidewalks, drainage facility, and streetlights in addition to the pavement. Department: Public Works - Account No. 210.165.723 Scope of Project: Project includes the formation of a community facilities district, acquisition of right-of--way, environmental analysis, design, and construction. The design and construction will include the four lanes on Butterfield Stage Road from Rancho California Road to Murrieta Hot Springs Road; four lanes on Murrieta Hot Springs Road from Butterfield Stage Road to the City limits; and four lanes on Nicolas Road from Butterfield Stage Road to Calle Girasol. Benefit: Project will improve traffic circulation. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 600,000 $ 600,000 $ 1,200,000 Construction $ 23,125,000 $ 15,157,196 $ 38,282,196 Design $ 1,425,000 $ 1,425,000 Environmental $ 350,000 $ 350,000 Totals $ - $ 25,500,000 $ 15,757,196 $ - $ - $ - $ 41,257,196 Source of Funds: CFD (RoripaughRanch) $ 25,500,000 $ 15,757,196 $ 41,257,196 Total Funding: $ - $ 25,500,000 $ 15,757,196 $ - $ - $ - $ 41,257,196 Future O +& M Cost: $ 18,000 Annually Note: Assumes that only minor right-of--way acquisitions would be necessary and that all major right-of--way dedications are voluntary. 39 PRO.IECT LOCATION Project Title: CITYWIDE ADAPTIVE TRAFFIC LIGHT SYNCHRONIZATION SYSTEM ;~ '~ ~ s ~, i ~CTO '~ P~ Z 9L ~`~ U?yp ~ N ~~P OR7E ~ ;pQ \ ' it`,t~ % ~~, ~~N, ~WY ~py ~ F.Qs ,, g'~ ~ ~ SAS ~ p _ wNG1a Yv° ~ ' ~9G \G `` ~~~ ~ i ' O ~~~R ~ R i' y ~L DDR DEL ~'.\ YAO AP~~p~PLA Nl - % ~Q p 0 SpLANR WY ,~ `~\ ~ / OL / m 9Q A \ PAU~P~ `\ o& sa 1 - ~~ ~\ ~~ A(JCH RLl ORN~A~n (_ i ~ 1 o N `.\ ~ghNFSS G~pVls"SP c `\ ~FrO Y ~\ ~ JgAR~ ~' ``~ G p N \ - P ` ~ ~ d' _ ___ `~ OHO ~ A q ~ ~~ ~~ DE PORTOLA D o G.i O `~ ~~~hAGORD 9,Q~T s a ~ - _,\ is q vc ~ . 1 ~ ~ ~,~, r ~B ~ ~. - . ' \ ~ Q~P~~~ v __ 1 9 N ` ,\ ~ o ,pia ~ 1 G N ~' ~' Py ~ ~A cyA~} rF~q ~<, ~ , 0 \ . ~ sT9 / ~ \ c~ i ~ Sa ~ ~4~ ~ ~'o r 40 PROJECT DESCRIPTION Project Title: CITYWIDE ADAPTIVE TRAFFIC LIGHT SYNCHRONIZATION SYSTEM PRIORITY: Project Type: Circulation Description: Implement an adaptive traffic signal synchronization system along six transportation corridors. Department: Public Works Scope of Project: Purchase, install, and implement an adaptive trai~ic signal synchronization system along designated segments of Winchester Road, Rancho California Road, Temecula Parkway, Margarita Road, Jefferson Avenue, and Ynez Road to continually analyze and evaluate traffic data and select the most appropriate traffic signal timing for the condition. Benefit: Project will improve traffic safety, operations, and capacity by minimizing traffic delays and reducing congestion . Project Cost: Artuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 10,000 $ 10,000 Construction $ 566,500 $ 566,500 Design $ 41,500 $ 41,500 Totals $ - $ 618,000 $ - $ - $ - $ - $ 618,000 Source of Funds: DIF (Traffic signal) $ 103,000 $ 103,000 TLSP (Prop 1s} $ 515,000 $ 515,000 Total Funding: $ - $ 618,000 $ - $ - $ - $ - $ 618,000 Future O $ M Cast: $ 1,000 Annually 41 PRO.IECT LOCATION Project Title: CLOSED CIRCiTIT TELEVISION INSTALLATION ON TEMECULA PARKWAY AND PECHANGA PARKWAY N A 42 PROJECT DESCRIPTIOtV Project Title: CLOSED CIRCUIT TELEVISION INSTALLATION ON TEMECULA PARKWAY AND pR10RITY: 1 PECHANGA PARKWAY Project Type: Circulation Description• • Design and install fiber-optic cable in existing conduit on Temecula Parkway and Pechanga Parkway. Install closed circuit television cameras at six intersections to monitor traffic flow and adjust traffic signal timing. Department: Public Works - Account No. 210.165.635 Scope of Project: Design and install fiber-optic cable in existing conduit on Temecula Parkway from Old Town Front Street to Eutterfield Stage Road. Install six cameras at major intersections on Temecula Parkway and Pechanga Parkway. The first year funding will allow installation of wireless cameras on a portion of the project. Additional funds will be required for fiscal year 2010-11 to install cameras on the remainder of the project to maximize the overall efficiency of the system. Benefit: Provides monitoring of highway and intersection operations at several key locations in the southern portion of the City. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 10,000 $ 10,000 $ 20,000 Construction $ 33,520 $ 100,159 $ 167,846 $ 301,525 Design $ 40,000 $ 40,000 $ 80,000 Totals $ 33,520 $ 150,159 $ - $ 217,846 $ - $ - $ 401,525 Source of Funds: Senate Bi11621 $ 33,520 $ 150,159 $ 217,846 $ 401,525 Total Funding: $ 33,520 $ 150,159 $ - $ 217,846 $ - $ - $ 401,525 Future O 8r M Cost: $ 5,000 Annually 43 PROJECT LOCATION Project Title: FLASHING BEACONS 44 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Construction Design Totals Source of Funds: DIF (Traffic Signals) Total Funding: FLASHING BEACONS Ci1-culation Install flashing beacons including solar powered panels, chargeable batteries, and programmable timers to warn motorists of the twenty-five miles per hour speed limit when students are present. Public Works - Account No. 210.165.670 Install flashing school zone beacons as the school district improves new school sites. Project will improve traffic safety at the new school sites. Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost $ 2,000 $ 2,000 $ 4,000 $ 16,000 $ 16,000 $ 32,000 $ 2,000 $ 2,000 $ 4,000 $ - $ 20,000 $ - $ 20,000 $ - $ - $ 40,000 $ 20,000 $ 20,000 $ 40,000 $ - $ 20,000 $ - $ 20,000 $ - $ - $ 40,000 PRIORITY: I Future O 8~ M Cost: $ 1,000 Annually 45 PROJECT L4CATI4IV Project Title: FRENCH VALLEY PARKWAY /INTERSTATE-15 OVER-CROSSING AND INTERCHANGE IMPROVEMENTS 0 ~9as ~~ o ~ ~k 3 ~~~p2 ~ ~i~GP.t4i ~g~ ~ j ~-~ CT ~L GOO ~~~ ~ ~~G \ ~~5~ P G~ FS 4 C ~ °F~~~ ~ ~QU~TyDR y-9 ~~ ~ ~ 4 ~~~p,N D~ tiO~i z ~~ s ~ ~ ~~~ ~ ~ J~~~ ~G Gd P~ ~-Q'J ~~~~ ~~~~ G~~ ~~~~0 ~~ ~~'` ~ ~ G~~~ o~G~~ ~' ~~~~ ~~ ~Q~ 5 ~~T F~ sp 2 N a~aZ ~~ ~O Q~~gO GIR NO ~$~~`' OVERLAND ~ 46 PROJECT DESCRIPTIOiN Project Title: FRENCH VALLEY PARKWAY /INTERSTATE-15OVER-CROSSING AND pRIORITY• INTERCHANGE IMPROVEMENTS • Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Acquisition Caltrans Oversight Const<uction Design MSHCP Totals Source of Funds: Capital Project Reserves DIF (Street Improvements} DIF (Public Facilities} TUMF* Measure A-Local Street and Road Measure A-Highway Program CFD (Harveston) Federal Highway Adminisri~ation SAFETEA-LU Reimbursements/Other (Land Donation)** STIP Augmentation Unspecified*** Total Funding: Future O & M Cost: Cu-culation Study, process, design, and construct a bridge over-crossing over Interstate-15 from Jefferson Avenue to Ynez Road and construct a new freeway interchange. Project will consist of designing a new interchange to address traffic circulation in the City's northern areas. Public Works - Account No. 210.165.726 Project will consist of designing and constructing a freeway over-crossing over Interstate-15 and construct a new freeway interchange. Project would also include curb and gutters, pavement, sidewalks, and new traffic signals. Project will improve traffic circulation. Actuals to Date 20009 2009-10 2010-11 $ 609,601 $ 332,618 $ 204,100 $ 166,250 $ 8,839,100 $ 10,015,754 $ 5,000,000 $ 4,825,000 $ 7,000,000 $ 20,000,000 $ 1,859,587 $ 5,897,099 2011-12 2012-13 $ 50,000 $ 25,000 Total Project Cost $ 7,000,000 $ 6,000,000 $ 20,000,000 $ 18,000,000 $ 2,900,000 $ 11,308,288 $ 16,245,471 $ 5,204,100 $ 34,891,250 $ 27,050,000 $ 24,025,000 $ 1,927,240 $ 1,795,711 $ 75,360 $ 3,469,088 $ 12,852,884 $ 1,676,860 $ 25,365,522 $ 12,868,954 $ 750,000 $ 1,593,876 $ 9,528,728 $ 3,374,822 $ 1,005,840 $ 8,000 $ 1,600,000 $ 6,000,000 $ 10,806,224 $ 20,738,776 $ 3,286,224 $ 11,308,288 $ 16,242,471 $ 5,204,100 $ 34,894,250 $ 27,050,000 $ 24,025,000 $ 8,000 Annually *TUMF funding has been approved as established in Agreement 06-72-048-00 for $7,517,000 and WRCOG OS-SW-TEM-1064 for $4,078,000. **$6,000,000 of the actual land acquisition is a land donation by Harveston development. ***Potential Landscape Enhancement Grants will be pursued. The City is seeking regional funding through Measure A Highway Program and regional Transportation Uniform Mitigation Fee (TUMF). $ 1,387,569 $ 28,679,854 $ 20,000,000 $ 58,000,000 $ 7,756,686 $ 2,900,000 $ 118,724,109 $ 1,927,240 $ 1,795,711 $ 75,360 $ 56,233,308 $ 2,343,876 $ 12,903,550 $ 1,005,840 $ 8,000 $ 1,600,000 $ 6,000,000 $ 31,545,000 $ 3,286,224 $ 118,724,109 47 PROJECT L4CATI4IV Project Title: FRENCH VALLEY PARKWAY /INTERSTATE-15 OVER-CROSSING AND INTERCHANGE IMPROVEMENTS -PHASE I 0 ~9as ~~ o ~ ~k 3 ~~~p2 ~ ~i~GP.t4i ~g~ ~ j ~-~ CT ~L GOO ~~~ ~ ~~G \ ~~5~ P G~ FS 4 C ~ °F~~~ ~ ~QU~TyDR y-9 ~~ ~ ~ 4 ~~~p,N D~ tiO~i z ~~ s ~ ~ ~~~ ~ ~ J~~~ ~G Gd P~ ~-Q'J ~~~~ ~~~~ G~~ ~~~~0 ~~ ~~'` ~ ~ G~~~ o~G~~ ~' ~~~~ ~~ ~Q~ 5 ~~T F~ sp 2 N a~aZ ~~ ~O Q~~gO GIR NO ~$~~`' OVERLAND ~ 48 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Caltrans Oversight Construction Design Environmental MSHCP Totals Source of Funds: DIF (Street Improvements) Measure A TUMF (RCTC} Unspecified* Total Funding: FRENCH VALLEY PARK~~'AY /INTERSTATE-15OVER-CROSSING AND INTERCHANGE pR10RITY: IMPROVEMENTS -PHASE I Circulation Project will construct portions of the French Valley Parkway /Interstate-15 over-crossing and interchange improvements (Project No. PW02-11) which include adding a new southbound off-ramp from Interstate-15 to French Valley Parkway, constructing the northern half of French Valley Parkway from the off-ramp to Jefferson Avenue, widening of the existing southbound off-ramp from Interstate-15 to Winchester, and constructing a new auxiliary lane between French Valley Parkway and the Winchester Road southbound off-ramp. This project is included in the RTIP as "French Valley Pkwy (FVP) -Phase 1: Design and construct FVP (I-15 -Jefferson), SB exit ramp (1 LN), SB aux lane (FVP - Winchester Rd) & widen Winchester SB exit ramp {1 to 2 LNS)." Public Works -Account No. 210.165.719 Project will include design, right-of-way, utility relocation, and construction activities. Project requires oversight by Caltrans and coordination with the City of Murrieta. It will be designed to compliment the ultimate interchange project {Project No. PW02-11). Other features include permanent and temporary retaining walls, erosion control and irrigation, and a new traffic signal and roadway improvements at the intersection of French Valley Parkway and Jefferson Avenue. Project will improve traffic circulation Actuals to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Total Project Cost $ 237,042 $ 44,809 $ 47,687 $ 47,500 $ 21,250 $ 398,288 $ 1,250,000 $ 1,250,000 $ 750,000 $ 3,250,000 $ 5,000,000 $ 5,000,000 $ 3,000,000 $ 13,000,000 $ 719,748 $ 492,882 $ 150,000 $ 1,362,630 $ 36,000 $ 51,000 $ 87,000 $ 650,000 $ 650,000 $ 956,790 $ 573,691 $ 7,148,687 $ 6,297,500 $ 3,771,250 $ - $ 18,747,918 $ 444,203 $ 444,203 $ 435,457 $ 203,013 $ 1,440,750 $ 2,079,220 $ 77,130 $ 370,678 $ 5,707,937 $ 6,297,500 $ 3,688,815 $ 16,142,060 $ 82,435 $ 82,435 $ 956,790 $ 573,691 $ 7,148,687 $ 6,297,500 $ 3,771,250 $ - $ 18,747,918 Future O 8 M Cost: $ 15,000 Annually *Potential Landscape Enhancement Grants will be pursued. 49 PROJECT L4CATI4IV Project Title: INTERSTATE-15 /STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE ~ Fzp L LITA RD O gp,N~~AC' ~ ~ F ~ J ~ ~ ~Z a fi ~~ i~ a ~ ~~ v~ ~~5~ v ~ ~ VIA NOF~C ~ ~ O ~'L e~~ ~~ ~ ~~ 5~ ~~ o f ~ ~QPti YN~Z R1~ ~~ ~/~ coRR/o ~ VALLEJo N ~ AV A ~'.y` C' cy,~ ~~M~CULAP4R` l~ nG ~ +~ELiNE CT CIAFN p ~ ~i' ~~y N ~~~ GA~1Nd ~g'~RiBp ~~G'-q 50 PROJECT DESCRIPTIOtV Project Title: INTERSTATE-i5l STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PRIORITY: Project Type: Circulation Description: Construct a ramp system that will improve access to Interstate-15 from Temecula Parl~~vay/State Route 79 South to accommodate traffic generated by future development of the City's General Plan land use and regional traffic volume increases forecast for the year 2030. The project is needed because projected traffic volume increases will exceed the capacity of the existing interchange improvements constructed by Riverside County Transportation Department in 1998. Department: Public Works - Account No. 210.165.662 Scope of Project: Project will include the right-of--way acquisition, design, and construction of an improved interchange system. Benefit' • Project will improve circulation, freeway access and level of service at the Interstate-15 and Temecula Park way/State Route 79 South intersection. Project Cost• • Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 137,936 $ 114,400 $ 292,500 $ 544,836 Acquisition $ 7,413,993 $ 7,413,993 Construction $ 104,088 $ 19,448,590 $ 19,552,678 Construction Engineering $ 540,000 $ 540,000 Design $ 463,854 $ 2,657,271 $ 3,121,125 Environmental $ 70,000 $ 70,000 MSHCP $ 980,000 $ 980,000 Totals $ 8,119,871 $ 2,841,671 $ 21,261,090 $ - $ - $ - $ 32,222,632 Source of Funds: CFD (Crowne Hill} $ 502,211 $ 502,211 Indian Gaming MOU $ 8,738,267 $ 8,738,267 Reimbursements/Other (Morgan xill} $ 1,190,582 $ 1,190,582 SAFETEA-LU $ 1,600,000 $ 1,600,000 Senate Bi11621 $ 2,075,078 $ 2,741,671 $ 5,022,823 $ 9,839,572 TUMF* $ 4,352,000 $ 100,000 $ 5,900,000 $ 10,352,000 Total Funding: $ 8,119,871 $ 2,841,671 $ 21,261,090 $ - $ - $ - $ 32,222,632 Future O t~ M Cost: $ 6,000 Annually *TUMF funding has been approved as established by ROTC Agreement 06-72 for $4,52,004 51 PROJECT L4CATI4IV Project Title: MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) y ~~ <<~ GPM1Npp~~- ~~ Rp~CNp CAy ~~pRNIARD .--. 9 T G Om d 6 U P P RIDGE PARK DR O P~' 0 ~~ 5~ ~~~ ooa~~~ c~~`~ygc 5~ ~~o l 5~ Q~~~ G O N o \Ckn.. 52 PROJECT DESCRIPTIOtV Project Title: MAIN STREET BRIDGE O~jER Mi]RRIETA CREEK (REPLACEMENT) PRIORITY: 11 Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Acquisition Construction Construction Engineering Design MSHCP Totals Source of Funds: Capital Project Reserves DIF (Street Improvements) HBRRP Total Funding: Future O ~ M Cost: Circulation Replace the existing Main Street Fridge with a new bridge meeting current safety standards and compatible with both the City's circulation element and the planned Murrieta Creek Improvement Project. Public Works - Account No. 210.165.743 Project will include the design and construction of a bridge and approach roadways to include bridge removal, pavement, curb and gutter, sidewalk and storm drain facilities, environmental studies and mitigation. Project will improve traffic safety and circulation. New bridge would meet the United States Army Corps of Engineer's {USAGE) Creek Improvement Project needs and cost would count toward City contribution to the USAGE Project. Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost $ 55,474 $ 72,921 $ 294,565 $ 422,960 $ 125,000 $ 125,000 $ 5,774,000 $ 5,774,000 $ 250,510 $ 250,510 $ 269,156 $ 712,137 $ 981,293 $ 288,700 $ 288,700 $ 324,630 $ 1,198,758 $ 6,319,075 $ - $ - $ - $ 7,842,463 $ 41,729 $ 41,729 $ 282,901 $ 3,179,852 $ 3,462,753 $ 1,198,758 $ 3,139,223 $ 4,337,981 $ 324,630 $ 1,198,758 $ 6,319,075 $ - $ - $ - $ 7,842,463 $ 6,000 An nually 53 PROJECT LOCATION Project Title: MEADOWS PARKWAY BIKE LANE 54 PROJECT DESCRIPTION Project Title: MEADOWS PARKWAY BIKE LANE PRIORITY: Project Type: Circulation Description: Widen Meadows Parkway to the west, between McCabe Drive and Pauba Road. The widened roadway will accommodate a Class II (on the street) bicycle lane for southbound bicyclists. Department: Public Works -Account No. 210.165 Scope of Project: The project will consist of designing and constructing asix-foot widened section of Meadows Parkway including pavement, curb and gutter, utility adjustment or relocation, twelve-foot meandering sidewalk, landscaping, irrigation, striping, and signing. Benefit: The project will improve safety and opporutnity for non-motorized travel. Project Cost: Administration Construction Construction Engineering Design Totals Source of Funds: DIF (Street Improvements} Total Funding: Actuals Total Project to Date 2008 09 Cost Future O ~ M Cast: $ $ 65,880 $ 150,000 $ 10,500 $ 40,000 - $ 266,380 $ $ 266,380 - $ 266,380 $ 500 Annually 2009-10 $ 65,880 $ 150,000 $ 10,500 $ 40,000 $ - $ - $ - $ 266,380 $ 266,380 $ - $ - $ - $ 266,380 2010-11 2011-12 2012-13 55 PROJECT LOCATION Project Title: MEDIANS AND PARKWAYS -CITYWIDE 56 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Construction Totals Source of Funds: DIF (Medians} DIF (Street Improvements) Total Funding: MEDIANS AND PARKWAYS -CITY WIDE Circulation Project will complete the missing portions of the raised landscaped median island on Jefferson Avenue between Del Rio Road to 600 feet north of Rancho California Road, and on Rancho California Road between Moraga Road to Lyndie Lane. Public Vt~orks - Account No. 210.165 Construct or provide credits for the construction of raised landscaped median islands pursuant to the Conditions of Approval. Project will improve traffic circulation. Actuals Future Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Years Cost $ 200,650 $ 200,650 $ - $ 200,650 $ - $ - $ - $ - $ - $ 200,650 $ 10,548 $ 190,102 $ - $ 200,650 $ - $ - $ - $ - $ - $ 200,650 PRIORITY: I I $ 10,548 $ 190,102 Future O ~ M Cost: N/A 57 PROJECT L4CATI4IV Project Title: MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD Y ~~~ ~F~ ~~ aR Et UAIL BPO~ a/ERLAN~ oR ~j 4p U b u~t~ ptk NA U V~Oq 8y ~4 w a ` m m ~ A bl t pp Y o 4$' y'~ ~~¢ ~~ 5 0 Dry ~P -¢Td ~ `Y~~F~N d~~ L jjN m NNS 7 \ ~ ~O ie +ti row~RR y r ~J ~~ 58 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Acquisition Construction Construction Engineering Design Environmental MSHCP Totals Source of Funds: Capital Project Reserves DIF (Street Impravemei~ts) Unspeeified~ Total Funding: PRIORITY: 1 1~ILTRRIETA CREEK BRIDGE AND OVERLAND DRIB%E EITENSION TO DIAZ ROAD Circulation Design and construct a new bridge crossing over I1-Iurrieta Creek between Rancho California Road and Winchester Road, including acquisition ofright-of--way and the installation of a new signal at Diaz Road. Public Works - Account No. 210.165.602 Project will include studying suitable locations for a new crossing, environmental studies, mitigation, new Diaz Road traffic signal and construction. Project will improve traffic circulation and access to Overland Drive freeway over-crossing. Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost $ 75,007 $ 35,993 $ 25,000 $ 50,000 $ 250,000 $ 436,000 $ 725,000 $ 725,000 $ 1,980,000 $ 3,430,000 $ 5,610,000 $ 5,610,000 $ 350,000 $ 350,000 $ 377,024 $ 142,976 $ 520,000 $ 85,000 $ 85,000 $ 280,000 $ 280,000 $ 452,031 $ 903,969 $ 750,000 $ 2,030,000 $ 6,575,000 $ - $ 10,711,000 $ 213,600 $ 213,600 $ 238,431 $ 903,969 $ 750,000 $ 2,030,000 $ 2,130,000 $ 6,052,400 $ 4,445,000 $ 4,445,000 $ 452,031 $ 903,969 $ 750,000 $ 2,030,000 $ 6,575,000 $ - $ 10,711,000 Future O 8r M Cost: $ 1,000 Annually *Project cannot be constructed until a funding source is identified. 59 PROJECT LOCATION Project Title: NICOLAS VALLEY -ASSESSMENT DISTRICT (LIEFER ROAD) ~~ ~'T ~~ "~ ~~ sUMMFk Fi ran CJ ~ ~~O o ~~ J y } BR MURRlE rp N07SPR~ N~S RD z 0 a O CAMINO CIELO o ~ GRFF y m ~¢ ~ U oz v=, ~O 0 ~J j ~~ ~ z ~ 0 r z ~ ~ m ~ f 2 LIEFER RD s ti m ~ o b Q w LL ° C o c~ w "~ '~ o _ ° NORTH LOOP RO O ~ + t q, ^ ^ ~ ° w ~ z ^ w .~~ m ~ w ~ ~ m ~ SOUTH LOOP RD N m ~. A v N ~p o ~ '` '` m o ~ ° A ,~,~ 60 PROJECT DESCRIPTIOtV Project Title: NICOLAS VALLEY -ASSESSMENT DISTRICT (LIEFER ROAD) PRIORITY: II Project Type: Circulation Description: Complete street and minor storm drain improvements on the unimproved portions at certain streets within Nicolas Valley (Liefer Road area). Department: Public Works -Account No. 210.165 Scope of Project: Project will study assessment district feasibility and formation, if supported, formalization of right-of-way dedications, environmental analysis, design and construction of unimproved roads to allow for acceptance into the City system of maintained streets. Benefit: Project will eliminate dirt roads, reduce maintenance, and improve local circulation. Project Cost: Administration Construction Construction Engineering Design MSHCP Actuals to Date 2008-09 $ 100,000 $ 150,000 2009-10 Total Project 2010-11 2011-12 2412-13 Cost Totals Source of Funds: Capital Project Reserves Assessment District (proposed) $ 160,000 $ 2,900,000 $ 60,000 $ 100,000 $ 145,000 $ 260,000 $ 2,900,000 $ 60,000 $ 250,000 $ 145,000 $ - $ 250,000 $ 3,365,000 $ - $ - $ - $ 3,615,000 $ 250,000 $ 3,365,000 $ 250,000 $ 3,365,000 Total Funding: $ - $ 250,000 $ 3,365,000 $ - $ - $ - $ 3,615,000 Future O i~ M Cost: $ 1,000 Annually 61 PROJECT LOCATION Project Title: PAVEMENT REHABILITATION PROGRAM- CITYWIDE 62 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: Scope of Project: PAVEMENT REHABILITATION PROGRAM -CITYWIDE PRIORITY: 1 Benefit: Project Cost: Administration Construction Construction Engineering Design MSHCP Totals Source of Funds: Measure A Total Funding: Ci1-culation Using computer-assisted methodology, develop and implement cost-effective pavement maintenance treatments and strategies. Public Vt~orks - Account No. 210.165.655 Project will include the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets. Project will improve the quality of City roadways. Actuals Future Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Years Cost $ 106,000 $ 135,000 $ 135,000 $ 135,000 $ 135,000 $ 646,000 $ 2,703,340 $ 2,600,000 $ 2,100,000 $ 2,100,000 $ 2,100,000 $ 11,603,340 $ 53,500 $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 353,500 $ 51,660 $ 60,000 $ 60,000 $ 60,000 $ 60,000 $ 291,660 $ 85,500 $ 130,000 $ 130,000 $ 130,000 $ 130,000 $ 605,500 $ - $ 3,000,000 $ 3,000,000 $ 2,500,000 $ 2,500,000 $ 2,500,000 $ - $ 13,500,000 $ 3,000,000 $ 3,000,000 $ 2,500,000 $ 2,500,000 $ 2,500,000 $ 13,500,000 $ - $ 3,000,x00 $ 3,000,000 $ 2,500,000 $ 2,SOO,a00 $ 2,500,000 $ - $ 13,500,000 Future O ~ M Cast: NIA 63 PROJECT LOCATION Project Title: PAVEMENT REHABILITATION - DE PORTOLA ROAD RFC 00 ~q .off F~Fg4,op ~<GCFR Q\Go Opp c QUO r 7 m R~ o\PNSM~~N z Na ~' CEO m ~ ~~ Rid o y vo ~Dq~F OEQOR,~O~-PRD p o Q ~ ~NGNDPUEg`DRD GV~PARKWAY YNEZ RD TEME O 2 a P~ m2 LARD v~ R10'(EMEG N A N 64 PROJECT DESCRIPTIOtV Project Title: PAVEMENT REHABILITATION-DEPORTOLAROAD PRIORITY: Project Type: Circulation Description: Project will rehabilitate De Portola Road between Jedediah Smith Road and Margarita Road. Approximately 6,400 lineal feet of roadway, or 256,400 square feet of pavement. Department: Public Works - Account No. 210.165.656 Scope of Project: Project will include the environmental processing (Federal clearance required), design and rehabilitation. Benefit: Project will improve the quality and extend the service life of De Portola Road. Project Cost: Actuals Future Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Years Cost Administration $ 9,542 $ 80,458 $ 90,000 Construction $ 1,724,000 $ 1,724,000 Construction Engineering $ 36,200 $ 36,200 Design $ 71,402 $ 89,308 $ 160,710 MSHCP $ 86,000 $ 86,000 Totals $ 80,944 $ 2,015,966 $ - $ - $ - $ - $ - $ 2,096,910 Source of Funds: Measure A $ 80,944 $ 1,598,702 $ 1,679,646 STP $ 417,264 $ 417,264 Total Funding: $ 80,944 $ 2,015,966 $ - $ - $ - $ - $ - $ 2,096,910 Future O >~ M Cost: $ 1,000 Annually 65 PROJECT LOCATION Project Title: PAVEMENT REHABILITATION - STPL PROJECT 66 PROJEGT DESCRIPTIOtV Project Title: PAVEMENT REHABILITATION- STPL PROJECT PRIORITY: 1 Project Type: Circulation Description: Using computer-assisted methodology, develop and implement cost-effective pavement maintenance treatments and strategies. Department: Public Works -Account No. 210.165.657 Scope of Project: Project will include the environmental processing (federal clearance required), design, and rehabilitation of segments of Rancho California. Road that qualify for federal funding. Benefit: Project will improve the quality of City roadways. Project Cost: Artuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 68,769 $ 139,231 $ 208,000 Construction $ 2,571,000 $ 2,571,000 Construction Engineering $ 43,450 $ 43,450 Design $ 108,596 $ 72,404 $ 181,000 MSHCP $ 128,550 $ 128,550 Totals $ 177,365 $ 2,954,635 $ - $ - $ - $ - $ 3,132,000 Source of Funds: Measure A $ 177,365 $ 234,635 $ 412,000 STPL $ 2,720,000 $ 2,720,000 Total Funding: $ 177,365 $ 2,954,635 $ - $ - $ - $ - $ 3,132,000 Future O S< M Cast: N/A 67 PRO.IECT LOCATION Project Title: PECHANGA PARKWAY -DUAL RIGHT TURN LANES FROM TEMECULA PARK«'AY 5~ ~': RD ~~~~ A 68 PROJECT DESCRIPTIOtV Project Title: PRIORITY: 1 PECHANGA PARKWAY -DUAL RIGHT TURN LANES FROM TEMECULA PARKWAY Project Type: Circulation Description: Construction of dual right turn lanes on eastbound Temecula Parkway to southbound Pechanga Parkway. Department: Public Works - Account No. 210.165.637 Scope of Project: Project will require the right-of--way purchase and the construction of dual right turn lanes on eastbound Temecula Parkway to southbound Pechanga Parkway. Benefit: Project will ease traffic congestion on eastbound Highway 79 South at Pechanga Parkway. Project Cost: Artuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 47,736 $ 22,000 $ 69,736 Acquisition $ 9,000 $ 257,000 $ 266,000 Construction $ 161,000 $ 161,000 Construction Engineering $ 5,000 $ 5,000 Design $ 30,220 $ 5,350 $ 35,570 MSHCP $ 8,000 $ 8,000 Totals $ 86,956 $ 458,350 $ - $ - $ - $ - $ 545,306 Source of Funds: Indian Gaming MOU $ 134,318 $ 134,318 Senate Bi11621 $ 86,956 $ 324,032 $ 410,988 Total Funding: $ 86,956 $ 458,350 $ - $ - $ - $ - $ 545,306 Future O ~ M Cost: $ 300 An nually 69 PROJECT L4CATI4IV Project Title: PECHANGA PARKWAY IMPROVEMENTS -PHASE II Y~~2 0 ` 1/' R0 Fc DE PoR~pyP Rfio vAL.LE,~O qv hq~ rFnrtecu~.APK~ ~rA~r eq eGA FMO ~~ y1NpARD ~ P ~ ~ L A ti '~ oR T A~~eG~ V ta SpCTj~ - ~~ ~ n ~O= I ~ N 2 Ue ~ 3 ~ yea A ~c oc ~sy 9 ~~~ \ dA~ y N m ~~ ~ D ~~ ° A O ~~~ 7^ PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Acquisition Construction Construction Engineering Design Environm ental* MSHCP Totals Source of Funds: AD 159 (Deer Hollow Way) AD 159 {W olf valley Channel) CFD (Wolf Creek} DIF {Street Improvements) PLH Program Reimbursements/Other (Bonds) Reimbursements/Other (Pechanga Indian Tribe Contr.} Reimbursements/Other {IZCwD} Total Funding: Future O ~ M Cost: PECHANGA PARKWAY IMPROVEMENTS -PHASE II PRIORITY: Circulation Design and construct full-width street improvements of Pechanga Parkway from Temecula Parkway to Pechanga Road. Full width is 134 feet from Temecula Parkway to Via Gilberto, and 110 feet from Via Gilberto to Pechanga Road. Public Works -Account No. 210.165.668 Project will include the design, acquisition, environmental studies, mitigation, and construction of road improvements to include curb, gutters, sound wall, and stol7n drain facilities from Deer Hollow Way to Temecula Creek. Project will improve traffic circulation. Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost $ 1,606,780 $ 300,000 $ 1,906,780 $ 412,866 $ 425,334 $ 838,200 $ 13,680,333 $ 8,945,162 $ 22,625,495 $ 81,852 $ 304,296 $ 386,148 $ 988,579 $ 23,814 $ 1,012,393 $ 400,000 $ 400,000 $ 467,258 $ 467,258 $ 16,770,410 $ 10,865,864 $ - $ - $ - $ - $ 27,636,274 $ 2,455,521 $ 2,455,521 $ 4,839,554 $ 4,839,554 $ 4,291,473 $ 5,073,729 $ 9,365,202 $ 2,233,055 $ 2,233,055 $ 23,645 $ 3,976,355 $ 4,000,000 $ 20,910 $ 20,910 $ 2,700,000 $ 1,700,000 $ 4,400,000 $ 227,162 $ 94,870 $ 322,032 $ 16,770,410 $ 10,865,864 $ - $ - $ - $ - $ 27,636,274 $ 3,000 Annually *Environmental Costs includes the creation of a mitigation site for Pechanga Parkway. 71 PRO.IECT LOCATION Project Title: TEMECULA CREEK CROSSING FOR ACCESS TO TEMECULA PARKWAY ~a ~ ~~o ~ o `'~ ~~ 2~ Q~~ ~a w~ ~~ Rio ~D 5 p~ ~e~ yN~ZRp ~ ~ Y yF0 VALL~JO,gV N 4RR~P y,~~ ~~M~G~~ ~m ~A ~~' w -~- Q o p fi Ago ti~ cy ~ ~~ a `~ `~ ~ ~m N ~~Y 72 PROJECT DESCRIPTIOtV Praject Title: PRIORITY: II TEMECULA CREEK CROSSING FOR ACCESS TO TEMECULA PARKWAY Project Type: Circulation Description: Design and construct a new bridge crossing over Temecula Creek in the vicinity of Avenida de Missiones. Department: Public Works - Account No. 210.165.677 Scope of Praject: Project will include studying a suitable location for a new crossing, environmental studies, mitigation, right-of--way acquisition, as well as the design and construction of a new approach roadway and bridge. Benefit: Project will improve traffic circulation in the southwest portion of the City. Project Cast: Artuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 25,000 $ 250,000 $ 275,000 Acquisition $ 500,000 $ 500,000 Construction $ 25,000 $ 7,500,000 $ 7,525,000 Construction Engineering $ 200,000 $ 200,000 Design $ 100,000 $ 400,000 $ 500,000 Environmental $ 150,000 $ 150,000 MSHCP $ 350,000 $ 350,000 Totals $ - $ 150,000 $ - $ - $ - $ 9,350,000 $ 9,500,000 Source of Funds: DIF (sheet improvements) $ 150,000 $ 150,000 Unspecified* $ 9,350,000 $ 9,350,000 Total Funding: $ - $ 150,000 $ - $ - $ - $ 9,350,000 $ 9,500,000 Future O 8r M Cast: $ 1,000 Annually Project cannot be constructed until a funding source is identified. 73 PROJECT LOCATION Project Title: TEMECULA PARKWAY RE-STRIPING OF EIGHT LANES FROM INTERSTATE-15 TO PECHANGA PARKWAY 74 PROJECT DESCRIPTIOtV Project Title: TEMECULA PARKWAY RE-STRIPING OF EIGHT LANES FROM INTERSTATE- PRIORITY: 1 15 TO PECHANGA PARKWAY Project Type: Circulation Description: Project will re-stripe Temecula Parkway from Interstate-15 to Pechanga Parkway from six lanes to eight lanes. Department: Public Works - Account No. 210.165.676 Scope of Project: Project will include removing the existing striping on Temecula Parkway from Interstate-15 to Pechanga Parkw ay and re-striping it to accommodate eight lanes of through traffic -four in each direction. The current width of Temecula Parkwa y from Interstate-15 to Pechanga Parkway will accommodate the new striping. No widening of the existing road is necessary. Benefit: The re-striping will increase trai~ic circulation. Project Cast: Actuals Future Total Project to Date 20Q8-Q9 2Q09-10 2Q1Q-11 2Q11-12 2Q12-13 Years Cast Administration $ 155 $ 29,845 $ 30,000 Construction $ 100,000 $ 100,000 Design $ 5,074 $ 14,926 $ 20,000 MSHCP $ 5,000 $ 5,000 Totals $ 5,229 $ 149,771 $ - $ - $ - $ - $ - $ 155,000 Source of Funds: DIF (Street Improvements} $ 5,229 $ 149,771 $ 155,Q00 Total Funding: $ 5,229 $ 149,771 $ - $ - $ - $ - $ - $ 155,000 Future O ~ M Cast: N/A 75 PROJECT DESCRIPTIOtV Project Title: TRAFFIC SIGNAL INSTALLATION -CITYWIDE Cost to Signal Location Complete Year Funding Source Butterfield Stage Road at Welton Street/Channel Street $ 225,000 2008-09 DIF (Traffic) Meadows Parkway at McCabe Drive $ 225,000 2008-09 DIF (Traffic) Meadows Parkway at De Portola $ 200,000 2009-10 DIF (Traffic) Meadows Parkway at Pauba $ 200,000 2009-10 DIF (Traffic) Meadows Parkway at Campanula Way $ 200,000 2010-11 DIF (Traffic) Meadows Parkway at Leena Way $ 200,000 2010-11 DIF (Traffic) Rancho California Road at Promenade Chardonnay $ 200,000 2011-12 DIF (Traffic) Vail Ranch Parkway at Tehachapi Pass $ 200,000 2011-12 DIF (Traffic) Butterfield Stage Road at Rancho Vista Road $ 200,000 2012-13 DIF (Traffic) Rancho California Road at Avenida cle la Reina $ 250,000 2012-13 DIF (Traffic) Rancho California Road at Yukon $ 250,000 2012-13 DIF (Traffic) Fiscal Year 2008-09 $ 500,000 Fiscal Year 2009-10 $ 400,000 Fiscal Year 2010-11 $ 400,000 Fiscal Year 2011-12 $ 400,000 Fiscal Year 2012-13 $ 700,000 76 PROJECT DESCRIPTIOtV Project Title: TRAFFIC SIGNAL INSTALLATION -CITYWIDE PRIORITY: 1 Project Type: Description: Department: Scope of Project: Benefit: Ci1-culation Install tiaf~ic signals at various locations throughout the City including, traffic signal upgrades on Winchester Road and Temecula Parkway, and Redhwak annexation area. Public Works Project will include the design and construction of traffic signals throughout the City. Project will improve traffic safety and circulation throughout the City Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 60,000 $ 140,000 Construction $ 450,000 $ 360,000 $ 360,000 $ 360,000 $ 580,000 $ 2,110,000 Design $ 30,000 $ 20,000 $ 20,000 $ 20,000 $ 60,000 $ 150,000 Totals $ - $ 500,000 $ 400,000 $ 400,000 $ 400,000 $ 700,000 $ 2,400,000 Source of Funds: DIF (Traffic signal) $ 500,000 $ 400,000 $ 400,000 $ 400,000 $ 700,000 $ 2,400,000 Total Funding: $ - $ 500,000 $ 400,000 $ 400,000 $ 400,000 $ 700,000 $ 2,400,000 Future O +& M Cost: $ 500 An nually 77 PROJECT LOCATION Project Title: TRAFFIC SIGNAL INTERCONNECT EQUIPMENT INSTALLATION CH CHILLC 2 ~ ~~ ~O G~ PRE)t~ ESONO p2Pp.\ ~Q GP O LO VALLE DR O L K P ~ 5 ~7 P FypNCHO CPyIFORN1ARp D P )p CORTE MON EL fie' )5AP O m ll~~ m GRy Si PY PJ ~ P~ERP pQ-c~0~ 9n Ste' J~ CO m A ,T< pNZP OFE(E CORTE TD Rp1 i~ P~ ~ AttP ~ ~~Gp>, sM.coP NOPp'O ao GGAII ~ K~ O COR P S H p G ~~~~~~ O U O w A RtE P O 9 F N G APGG 4~ AOENAST GO OERRITO OWYOY` l GPI ORRE~~ ~~z o~ c SF F~9A ~ .11PiE~ ?~ GP Pt o V ONDA PL O~ (7 ~ y O 7 IGAGT a M)NO MO P'G~P m MOONTIDE CT GP G aP- A A `y`]'~/ J Q° o ~ RANCHO VISTPR PV$pRp 9! y ~/AgLhq GGP" GPI O / P~''\ m ,off P E~MOIA ~ y c L E 1 Q~~c )U-O A O ~~ VILLA ALT(/~S N` OPOPRR O ~ ?~~P O~ `~F` O~S,PR~ o pR CJ Q p ~3' Zp icgy D ~ Aa A ¢' p O D PAUBA ¢ ~ -+ N Sr y~ O v ~ G (~ m ti O ~ F D _ Z ~Q ~ ~ O 9 9~ D [A5 N C) W m o f rERO sr w P ' `s' ~ p D e A ~ ¢O ~ v G~O\~P a n VP ~ z F 9 A J W RIE RAE LN ARR/SA > < GRP~J\VV m O ~0~0 p m ~ IA COR O D o ~ GP O c ~ Q-G M ~O w pFF AFLO E n ~ ANTIPOO A/yp0 RL ~ O P VE ¢ 9 NA W) O ~ O O~ '\tc RTF grgF %n ~~y A \ z OLITA RD ~ 2 S,9 q< y 0 r os ~ S 2~ e1' CL 3 ~ ~ F ~~ ~P T pBEJA m y y N VP1.VE)OP, G ON OR u W PESCgOOO A9s v~~pREZ ~ -p: A F Q R ?Z O _ y/O U ~ ~O U~ 78 PROJECT DESCRIPTIOtV Project Title: TRAFFIC SIGNAL INTERCONNECT EQUIPMENT INSTALLATION PRIORITY: 1 Project Type: Circulation Description: Install traffic signal interconnect conduit and cable. Department: Public Works - Account No. 210.165.712 Scope of Project: Project will consist of installing signal interconnect conduit and cable on various roadways to connect additional signals and complete missing links. Benefit: Project will improve circulation by connecting several existing and future signals to the existing signal system. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 15,000 $ 15,000 Construction $ 10,000 $ 320,000 $ 330,000 Design $ 10,000 $ 10,000 Totals $ 10,000 $ 345,000 $ - $ - $ - $ - $ 355,000 Source of Funds: DIF (Traffic signal) $ 10,000 $ 345,000 $ 355,000 Total Funding: $ 10,000 $ 345,000 $ - $ - $ - $ - $ 355,000 Future O 8~ M Cost: $ 500 Annually 79 PROJECT L4CATI4IV Project Title: WESTERN BYPASS BRIDGE OVER MURRIETA CREEK 1 SaNTraco RQ ~ o r ~ coo `~~ ° sT Z O N~ ~~O~~SO ~2 9~0 9~F ~~'O ,po ~o 9 9L TF N ~ 'Oky Q~ A ~~ s so PROJECT DESCRIPTIOtV Project Title: WESTERN BYPASS BRIDGE OVER MURRIETA CREEK PRIORITY: Project Type: Circulation Description: The City will construct a new bridge crossing Murrieta Creek at the Western Bypass / Temecula Parkway. Department: Public Works - Account No. 210.165.660 Scope of Project: Project includes finalizing and updating the existing bridge design, constructing the bridge, the approaches roadways, curb and gutters sidewalk, storm drain facilities, environmental studies and mitigation. Completed project will tie southern leg of Western Bypass. Benefit: Project will improve trafFic safety and circulation. New bridge will meet Army Carps of Engineers (ALOE) Murrieta Creek Improvement Project needs. Project Cost: Artuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 19,457 $ 108,000 $ 108,000 $ 235,457 Acquisition $ 676,000 $ 676,000 Construction $ 6,532,520 $ 6,532,520 Construction Engineering $ 180,000 $ 180,000 Design $ 80,970 $ 561,371 $ 642,341 Environmental $ 20,000 $ 129,600 $ 149,600 MSHCP $ 326,626 $ 326,626 Totals $ 100,427 $ 1,365,371 $ - $ 7,276,746 $ - $ - $ 8,742,544 Source of Funds: Reimbursements/Other (Developer) $ 4,682,544 $ 4,682,544 TUMF (WRCOG) $ 100,427 $ 1,365,371 $ 2,594,202 $ 4,060,000 Total Funding: $ 100,427 $ 1,365,371 $ - $ 7,276,746 $ - $ - $ 8,742,544 Future O 8r M Cost: $ 6,000 An nually 81 PRO.IECT LOCATION Project Title: WINCHESTER ROAD/HIGHWAY 79 NORTH CORRIDOR BEAUTIFICATION ~~ Promenade Mall 82 PROJECT DESCRIPTIOtV Project Title: PRIORITY: I WINCHESTER ROAD/HIGHWAY 79 NORTH CORRIDOR BEAUTIFICATION Project Type: Circulation Description: Improve existing raised concrete median along Winchester Road with landscaping, hardscape, irrigation, and architectural embellishments. In addition, left turn pockets will be extended. The scope of the project will be reduced to compete with the approved funding. Department: Public Works - Account No. 210.165.638 Scope of Project: Winchester Road/Highway 79 North from Interstate-15 at Ynez Road to City limits south of Willows Avenue. Benefit: Project will enhance the corridor Project Cast: Actuals Future Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Years Cast Administration $ 76,901 $ 25,000 $ 76,099 $ 178,000 Construction $ 2,758,800 $ 2,758,800 Construction Engineering $ 90,000 $ 90,000 Design $ 188,372 $ 39,678 $ 228,050 MSHCP $ 150,000 $ 150,000 Totals $ 265,273 $ 64,678 $ 3,074,899 $ - $ - $ - $ - $ 3,404,850 Source of Funds: Capital Project Reserves CFD (Roripaugh Ranch) DIF (Street Improvements) TEA Total Funding: $ 10,800 $ 10,800 $ 1,000,000 $ 1,000,000 $ 254,473 $ 64,678 $ 941,899 $ 1,261,050 $ 1,133,000 $ 1,133,000 $ 265,273 $ 64,678 $ 3,074,899 $ - $ - $ - $ - $ 3,404,850 Future O 8r M Cost: $ 900 Annually 83 i ~~ ~~ a ~ ~ ~ ~ ~. ~ ~ ~ ~~ ~ - ~~I~. 1~~~ ~~ i ! i = ~ 84 THE ~; ~~ I ~ ~ ~J ~ ~ 'l~Y_/ TABLE OF CONTENTS II~IFRASTRUGTURE I OTHER PROJECTS Alternative Fueling Station ................................. ..... 87 Bike Lane Improvements -Citywide ................. ..... 89 Civic Center ........................................................ ..... 91 Fire Station 73 Living Quarters Upgrade ........... ..... 93 Fire Station Roripaugh Ranch Site ..................... ..... 95 History Museum Expansion ................................ ..... 97 Integrated Facility Alarm System -Citywide ..... ..... 99 Library Additional Parking ................................. .. 101 Localized Storm Drain Improvements, Various Locations ............................................... .. 103 Long Canyon Detention Basin -Access Road ... .. 105 Murrieta Creek Improvements ............................ .. 107 Murrieta Creek Multi-Purpose Trail ................... .. 109 Old Town Gymnasium ........................................ .. 111 Open Space Acquisition Program ....................... .. 113 PedestrianfBicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System ....................................................................115 Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect ....................................117 Santiago Detention Basin ......................................119 Teen/Young Adult Center ......................................121 Temecula Children's Museum Refurbishment......123 Temecula City Entry Monumentation ...................125 Temecula Community Center Expansion ..............127 Temecula Park and Ride ........................................129 85 PRO.IECT LOCATION Project Title: ALTERNATIVE FUELING STATION OAK bR N A 86 PROJECT DESCRIPTIOtV Project Title: ALTERNATIVE FUELING STATION PRIORITY: II Project Type: Infrastructure Description: The City is providing a grant for the construction of an alternative fueling station. Department: City Manager's Office -Account No. 210.165.639 Scope of Project: Downs Commercial Fueling, Inc. is committed to the design, construction and installation of alternative fueling station for compressed natural gas (CNG) and liquid natural gas (LNG) at the Temecula location on Rancho Way for the purpose of providing alternative fuel purchase options. The Assembly Bill 2766 Subvention Program enables the South Coast Air Quality Management District to provide a funding source for cities and counties to meet the requirements of the Federal and State Clean Air Acts, and for the implementation of clean air motor vehicle measures. Under this program, the City is authorized to make grants to projects that meet the certain clean air criteria. Benefit: Provide alternate clear fuels for local use. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2014-11 2011-12 2012-13 Cost Construction $ 150,000 $ 150,000 Totals $ - $ 150,000 $ - $ - $ - $ - $ 150,000 Source of Funds: AB 2766 $ 150,000 $ 150,000 Total Funding: $ - $ 150,000 $ - $ - $ - $ - $ 150,000 Future O S< M Cast: N/A 87 PROJECT LOCATION Project Title: BIKE LANES IMPROVEMENTS -CITYWIDE 88 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: Scope of Project: BIKE LANE INIPROti EMENTS -CITYWIDE PRIORITY: 11 Benefit: Infrastructure Project will complete improvements at various locations throughout the City to facilitate the establishment of bike lanes. Public Works Project will include the design and construction of minor improvements at various locations throughout the City to accommodate the designated bike lanes on designated bicycle routes. Increase opportunities for bicycle travel in designated bike lanes. Project Cost: Actuals Future Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Years Cost Administration $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 20,000 Construction $ 40,000 $ 40,000 $ 40,000 $ 40,000 $ 160,000 Design $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 20,000 Totals $ - $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ - $ - $ 200,000 Source of Funds: AB 2766 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 200,000 Total Funding: Future O ~ M Cost: $ - $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ - $ - $ 200,000 $ 1,000 Annually 89 PRO.IECT LOCATION Project Title: CIVIC CENTER A 90 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: CIVIC CENTER Infrastructure Project will construct an approximately 93,000 square-foot, three-story City administi•ationbuflding and Council Chambers, along with a 3,500 square-foot Community Room. The project will be located near the intersection of Mercedes Street and Main Street in Old Town. PRIORITY: I Department: Planning/Public Works - 210.165.751 Scope of Project: Project will include design and construction of a three-story City Administration Euilding, Council Chambers, and Community Room on City owned parcels located east of Mercedes Street and Main Street. Benefit: Project will conti nue to promote the rev italization of Old Town and provide a permanent facility for administrative staff through build-out. Project Cost: Artuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 2,505 $ 397,495 $ 325,000 $ 725,000 Acquisition $ 82,000 $ 82,000 Construction $ 44,200,000 $ 44,200,000 Construction Engineering $ 500,000 $ 500,000 Design $ 1,348,391 $ 3,872,609 $ 5,221,000 Fixtures/Furn/Equip $ 1,500,000 $ 2,000,000 $ 3,500,000 Utilities $ 385,000 $ 385,000 Totals $ 1,350,896 $ 50,937,104 $ 2,325,000 $ - $ - $ - $ 54,613,000 Source of Funds: Capital Project Reserves $ 1,350,896 $ 27,066,676 $ 2,325,000 $ 30,742,572 COPS $ 23,270,428 $ 23,270,428 DIF (corporate Facilities} $ 600,000 $ 600,000 Total Funding: $ 1,350,896 $ 50,937,104 $ 2,325,000 $ - $ - $ - $ 54,613,000 Future O ~ M Cast: $ 900,000 Annually 91 PRO.IECT LOCATION Project Title: FIRE STATION 73 LIVING QUARTERS UPGRADE 92 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: FIRE STATION 73 LIVING QUARTERS UPGRADE PRIORITY: I I Scope of Project: Benefit: Infrastructure Increase living, sleeping and bathroom space to properly accommodate the number of starworking and living at the facility. Fire Project will be phased as to not interrupt functionality of current station. Will add two restroom/shower facilities and larger sleeping quarters. Living space will be expanded. Health and safety benefit for the large number of personnel assigned to Fire Station 73. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 30,000 $ 120,000 $ 150,000 Construction $ 1,200,000 $ 1,200,000 Construction Engineering $ 50,000 $ 50,000 Design $ 120,000 $ 30,000 $ 150,000 Fixtures/Furn/Equip $ 10,000 $ 10,000 Totals $ - $ - $ - $ 150,000 $ 1,410,000 $ - $ 1,560,000 Source of Funds: DIF (Fire} $ 150,000 $ 950,000 $ 1,100,000 Unspecified* $ 460,000 $ 460,000 Total Funding: $ - $ - $ - $ 150,000 $ 1,410,000 $ - $ 1,560,000 Future O ~ M Cost: N/A *Project cannot be constructed until funding source is identified. 93 PROJECT L4CATI4IV Project Title: FIRE STATION RORIPAUGH RANCH SITE ~ t ~ ~ ~_ O~ c; ~~ ~~ ~ ~ Ly~FER RD ~ ~? `r w ~~O w ORS LOOP RD O~P N C7 ~ ~ W ~ O ~ L~ m ~ ~ r ~ SOUTH LOOP Rd ~ 'q~le~ m D ~ ~~ z U ~~ST9 O ~O F,O °~~~ N visra _L M 1 94 PROJECT DESCRIPTION Project Title: FIRE STATION RORIPAUGH RANCH SITE PRIORITY: 1 Project Type: Infrastructure Description: Acquire, design, and construct a City Fire Station at the intersection of Butterfield Stage Road and Calle Chapos. Department: City Fire Services/Riverside County Fire Department -Account No. 210.165.741 Scope of Project: Project will include the acquisition, design, and construction of a fire station. Benefit: Project Cost: Administration Construction Construction Engineering Design Fixtures/Furn/Equip Totals Source of Funds: CFD (Roripaugh Ranch) Reimbursements/Other (Riverside County} Total Funding Project will provide fire protection and enhance response time to the northeast portion of the City. Actuals to Date 2008-09 2009-10 $ 10,013 $ 52,218 $ 3,301,954 $ 437,852 $ 301,381 $ 18,687 $ 13,686 $ 27,428 $ 362,887 $ 92,513 $ 3,989,921 $ G28,698 $ $ 1,892,821 $ 628,698 $ 2,097,100 $ 3,989,921 $ 628,698 $ Future O ~ M Cast: $ 900,000 Annually Total Project _ 2010-11 2011-12 2012-13 Cost $ 62,231 $ 3,739,806 $ 320,068 $ 41,114 $ 455,400 $ - $ - $ - $ 4,G 18,619 $ 2,521,519 $ 2,097,100 $ - $ - $ - $ 4,618,619 95 PROJECT L4CATI4IV Project Title: HISTORY MUSEUM EXPANSION P G¢~~ Gam. ~ ~ 7 RQ 6 N z Z~, Q`~ ~ v y ~ ~ N h'cy o~R A q y ~yo ~Q ART ~ r ~~ CqD ~ G{J ~ GP ~ d LE OAK DR 5~ `~9 ~SM11N 0 ~ 9 ~ ~'F Rpy.4C4~0 m r-+ ~~ f ~6m ~p N AO ~o AVgA eG ~ 4i' e ~ ~ 9 O y ~ ~~ RIDGE PARK DR PpP FO ~ 0 D ( 9~ ? C ~{ ~L ~~ ~, A ~ M 39 ~~ C ~ ° ~ y~ ~` ~~F ' ( / ~p ti Ac ~~~+ r S~GC ~o ' RRiro 5~ t 5 N e F` 'd SAtyT4AG0 R G K 96 PROJECT DESCRIPTION Project Title: HISTORY MUSEUM EXPANSION PRIORITY: 111 Project Type: Infrastructure Description: Add an additiona13,000 square feet to the existing History Museum. Department: Community Services Scope of Project: Construct additional square feet of exhibit space to the existing History Museum. Benefit: The proposed space will be used to house an extensive local history display and accommodate traveling exhibits. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 135,000 $ 135,000 Construction $ 965,000 $ 965,000 Design $ 150,000 $ 150,000 Totals $ - $ - $ - $ - $ 1,250,000 $ - $ 1,250,000 Source of Funds: Unspecified* $ 1,250,000 $ 1,250,000 Total Funding: $ - $ - $ - $ - $ 1,250,000 $ - $ 1,250,000 Future O ~ M Cost: $ 6,000 Annually *Project cannot be constructed until a funding source is identified. 97 PROJECT LOCATION Project Title: INTEGRATED FACILITY ALARM SYSTEM- CITYWIDE 98 PROJECT DESCRIPTIOtV Project Title: INTEGRATED FACILITY ALARM SYSTEM -CITYWIDE PRIORITY: 111 Project Type: Description: Department: Infrastructure This is an enterprise security access system that will be integrated with existing alarm systems and will provide smart card/key access for all City facilities. Information System (IS) Scope of Project: This project will include a preliminary study that captures all the City's security requirements. This study will result in a competitive Request for Quotation for vendor selection. The goal of this project is to eliminate reliance on hard keys to physically secure facilities. Additionally, this technology will allow for the integration and control of all alarms from a password protected Internet browser. Benefit: Project Cost: Administration Construction Design Fixtures/Furn/Equip Installation Preliminary Study This system will minimize false alarms and save manpower costs by providing centralized control and visibility of facility alarms. It ~~~ill also minimize the number of hard keys that need to be issued, and provide more options for customized securit~~ zones; `access . Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost $ 10,000 $ 10,000 $ 25,000 $ 25,000 $ 30,000 $ 30,000 $ 20,000 $ 20,000 $ 90,000 $ 90,000 $ 25,000 $ 25,000 Totals $ - $ - $ - $ - $ 200,000 $ Source of Funds: Unspecified' $ 200,000 Total Funding: $ - $ - $ - $ - $ 200,000 $ Future O S< M Cost: NIA *Project cannot be constructed until a funding source is identified. - $ 200,000 $ 200,000 - $ 200,000 99 PRO.IECT LOCATION Project Title: LIBRARY ADDITIONALPARHING '~'aNCHO RD N 100 PROJECT DESCRIPTIOtV Project Title: LIBRARY ADDITIONAL PARKING PRIORITY: 1 Project Type: Infrastructure Description: Design and consttuct an additional parking facility on one acre for 100 spaces on the property west of the current parking area at the Temecula Public Library. Department: Community Services /Public Works Scope of Project: Project will include the design and construction of an additional parking facility. Benefit: Project will provide additional parking for library patrons, meetings and special programs. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 45,000 $ 45,000 Construction $ 280,000 $ 280,000 Construction Engineering $ 20,000 $ 20,000 Design $ 45,000 $ 45,000 Totals $ - $ 390,000 $ - $ - $ - $ - $ 390,000 Source of Funds: Capital Project Reserves $ 390,000 $ 390,000 Total Funding: $ - $ 390,000 $ - $ - $ - $ - $ 390,000 Future O 8~ M Cost: $ 5,000 An nually 101 PROJECT LOCATION Project Title: LOCALIZED STORM DRAIN IMPROVEMENTS, VARIOUS LOCATIONS 102 PROJECT DESCRIPTIOtV Project Title: LOCALIZED STORM DRAIN IMPROVEMENTS, VARIOUS LOCATIONS PRIORITY: 1 Project Type: Infrastructure Description: Design and construct local storm drain inlets to correct intersection and street flooding at various locations. Department: Public Works - Account No. 210.165.715 Scope of Project: Project will focus on improvements that would correct localized flooding problems on several streets that flood during each storm event. Benefit: Project will improve safety and circulation while maintaining the integrity of the streets during inclement weather. Project Cost: Actuals To tal Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 18,778 $ 50,000 $ 71,000 $ 139,778 Acquisition $ 62,500 $ 62,500 Construction $ 29,280 $ 250,000 $ 280,500 $ 559,780 Design $ 5,408 $ 50,000 $ 57,000 $ 112,408 Environmental $ 19,000 $ 19,000 MSHCP $ 12,500 $ 14,025 $ 26,525 Totals $ 53,466 $ 362,500 $ - $ - $ - $ 504,025 $ 919,991 Source of Funds: Capital Project Reserves Unspecified* Total Funding: $ 53,466 $ 362,500 $ 53,466 $ 362,500 $ - $ - $ - $ 504,025 $ 919,991 $ 415,966 $ 504,025 $ 504,025 Future O 8r M Cost: $ 1,000 Annually *Project cannot be constructed until a funding source is identified. 103 PROJECT L4CATI4IV Project Title: LONG CANYON DETENTION BASIN -ACCESS ROAD ~ ~~ ~ ~ o A D ~~ ~ n i O J ~ GO g~ ~Q `<m z ~ 2 ~5 O ~~~ 04 ~ o a ~~~ ~~ ELF z ~G ~~~ O~ ~',~~ F O c2 o~w ~ ©< s m ° g M Q A1~.8ROOK R ~ ~ Gp~-~5 pE.L REY Rp O X05 0 OF' 4 MONTEV~RD~ ~O o O ~, ICOI.E LN ~$ Ui ~P x ~ ~o ~ ~w N GPI L ~t~ V!A Lq Vf pa ~sF CO ,20 L ~~ ~ COR~~ CAR 104 PROJECT DESCRIPTIOtV Project Title: LONG CANYON DETENTION BASIN -ACCESS ROAD PRIORITY: II Project Type: Infrastructure Description: The project will design and construct slope protection and erosion control measures along the access road between the desilting basin and the down stream detention basin, which serves as a weir and frequently washes out and becomes impassable during storm events. Department: Public Works - Account No. 210.165.746 Scope of Project: Project will install concrete cut-aff walls, slope paving and riprap. Benefit: Project will maintain the integrity of the road and eliminate the depositing of silt into the environmental creation area downstream of the road. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 8,353 $ 43,650 $ 52,003 Construction $ 170,000 $ 170,000 Construction Engineering $ 10,000 $ 10,000 Design $ 5,720 $ 10,000 $ 15,720 Environmental $ 20,000 $ 20,000 Totals $ 14,073 $ 253,650 $ - $ - $ - $ - $ 267,723 Source of Funds: Capital Project Reserves $ 14,073 $ 93,650 $ 107,723 Reimbursements/Other (FEMA) $ 160,000 $ 160,000 Total Funding: $ 14,073 $ 253,650 $ - $ - $ - $ - $ 267,723 Future O +& M Cost: $ 1,000 An nually 105 PRO.IECT LOCATION Project Title: MURRIETA CREEK IMPROVEMENTS P~ OQ` `~ 9Og2! ~~~ ~~ JAG ~r~O G~'~ ¢~ ~~ O~ ~~ e-P~G ~ ~ ~ y~ ~~ ~L s ~ 9L _,. F: ~O NTF~ iS 2'~~~A ~Qa Q~~ o, F~~~ o~ ~~~,P N \~G~o~ ~~ ao~ ~ o~, ~~~' ti~ o 106 PROJECT DESCRIPTIOtV Project Title: MURRIETA CREEK IMPROVEMENTS PRIORITY: Project Type: Infrastructure Description: This project will provide for the City's share of the design of the proposed United States Army Corps of Engineers /Riverside County Flood Control Murrieta Creek Improvements. Department: Public Works - Account No. 210.165.735 Scope of Project: Project will include the design of proposed United States Army Corps of Engineers /Riverside County Flood Control improvements to Murrieta Creek within the City limits. The design money allocated represents a portion of the City's share for the project. Benefit: Project will help prevent flooding of Old Town Temecula. Project Cast: Artuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Design $ 125,000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 875,000 Totals $ 125,000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 875,000 Source of Funds: Capital Project Reserves $ 125,000 $ 150,000 $ 150,000 $ 150,000 $ 575,000 Unspecified* $ 150,000 $ 150,000 $ 300,000 Total Funding: $ 125,000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 875,000 Future O 8~ M Cast: $ 1,000 Annually *Project cannot be constructed until a funding source is identified. 107 PROJECT LOCATION Project Title: MURRIETA CREEK MULTI-PURPOSE TRAIL o~ G 5~ ~ ~ ~~ 'S -9y~ ~,P~ ~~~2~ ~ ~ a~ ~P O~' 9 ~~~~ O Q O ~ ~PJ `~~,t~ ~ARGAR/r ~ O ~\~G~ n 00 ~~U' O ,O y,C 'GT ~ .V~ ~~G taG Q~ C''F ~ < O~ tt` ~~ O l~,oGS~ o ~a o° ~ ~' ~ u ~ P~ ~~aPt~j ~P , , / ~~O P\' .piQp~ l O gUs P'~R~ Fs ~ s ~STARQ RANCHO ~ CALIFORNIA RD ~ _ RIDG PAUgA R4 ARK SghT/q G 4 Rp N < y,~isp~ W P '~ D m 2 ~ ~ / 1 108 PROJECT DESCRIPTIOtV Project Title: MURRIETA CREEK MULTI-PURPOSE TRAIL PRIORITY: Project Type: Infrastructure Description: The Murrieta Creek Multi-Purpose Trail will extend from the southwest side of Murrieta Creek near the vicinity of theTemecula Parkway/Interstate-15/Front Street juncture, north to the City limit at Cherry Street. This project will be divided into two phases. Phase I will cover trail improvements from Winchester Road to Rancho California Road. Phase II will complete the extension of the trail from Rancho California Road to Temecula Parkway. The entu•e project will consist of the design and construction of an approximately two-mile pedestrian/bicycle/equestrian trail, including two pedestrian bridge crossings at Murrieta Creek (Phase II), gazebos, benches, lookout points along the trail, appropriate signage, necessary grading, paving and striping of the trail course, related street improvements, landscaping, and necessary infrastructure to support trail facilities (i.e., lighting and water utilities). Department: Public Works/Community Services -Account No. 210.190.142 Scope of Project: Project will include signage, pedestrian bridges, trail and landscape improvements along Murrieta Creek Benefit: Project will improve pedestrian, bike and equestrian access to the Old Town area and the industrial park, and establish connectivity to other existing and plan trail improvements. The City received a TEA (Transportation Enhancement Activities) pro gram grant in the amount of $1,214,000 for this project. Project Cost: Actuals Future T otal Project to Date 2008-09 2009-10 2410-11 ZOll-12 2012-13 Years Cost Administration $ 185,080 $ 75,770 $ 260,850 Construction $ 80,823 $ 1,626,523 $ 1,707,346 Construction Engineering $ 33,014 $ 35,486 $ 68,500 Design $ 241,897 $ 9,434 $ 251,331 MSHCP $ 111,276 $ 111,276 Totals $ 540,814 $ 1,858,489 $ - $ - $ - $ - $ - $ 2,399,303 Source of Funds: DIF (Public Facility) $ 127,200 $ 127,200 DIF {Open space} $ 215,375 $ 817,157 $ 1,032,532 TEA $ 198,239 $ 1,041,332 $ 1,239,571 Total Funding: $ 540,814 $ 1,$58,489 $ - $ - $ - $ - $ - $ 2,399,303 Future O 8R M Cost: $ 20,000 Annually 109 PROJECT L4CATI4IV Project Title: OLD TOWN GYMNASIUM -- `~' FELIX VALDEZMVE ~~ ~~ P {~ ~~ ~~ `a 70 Z O 9U PPVgPR ~' ~~ ~~F9 T~ O ' RIDGE PARK DR PypQ' 0 J Fn G ` 9G ~~ F~ /~ T 5 in C ~ q A ~ e~ < ~ ~~P ~ G/O< G0~o yROiO <S r O 5~ Vfpg RR~TO 5~ <Q' v O ~ G GgNTIAGOR O a O~~/1/O G ~ J~ O~ JW-~'~~O P gT~~O 9 N N F 110 PROJECT DESCRIPTIOtV Project Title: OLD TOWN GYMNASIUM PRIORITY: II Project Type: Infrastructure Description: Design and construct an 8,500 square foot gymnasium to be located adjacent to the Boys cpz. Girls Club. Department: Community Services -Account No. 210.190.186 Scope of Project: Design and construct a gymnasium that will include afull-sized basketball court, bleacher seating for approximately 200 spectators, restrooms, storage and a small oiTice. Benefit: Project will provide additional recreational facilities for City residents, and with ajoint-use agreement, this facility will provide additional activities for the Boys & Girls Club, which is located adjacent to the gym site. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 16,300 $ 33,700 $ 100,000 $ 150,000 Construction $ 2,250,000 $ 2,250,000 Construction Engineering $ 98,000 $ 98,000 Design $ 1,851 $ 348,149 $ 350,000 Fixtures/Furn/Equip $ 175,000 $ 175,000 Totals $ 18,151 $ 381,849 $ - $ - $ 2,623,000 $ - $ 3,023,000 Source of Funds: Boys & Girls Club Donation $ 545,989 $ 545,989 CDBG $ 18,151 $ 381,849 $ 1,015,011 $ 1,415,011 Reimbursements/Other' $ 50,000 $ 50,000 EDI $ 162,000 $ 162,000 Federal Funding Request $ 850,000 $ 850,000 Total Funding: $ 18,151 $ 381,849 $ - $ - $ 2,623,000 $ - $ 3,023,000 Future O 8~ M Cost: $ 5,000 Annually *County Supervisor 3rd District Discretionary Funding 111 PROJECT LOCATION Project Title: OPEN SPACE ACQUISITION PROGRAM 112 PROJECT DESCRIPTIOtV Project Title: OPEN SPACE ACQUISITION PROGRAM PRIORITY: I Project Type: Description: Department: Infrastructure /Public Works This project provides matching funds for the acquisition of selected parcels west of the City within the identified escarpment area. Planning Scope of Project: The City is working with the Riverside County Resource Conservation Authority (RCA), which is the body that administers the MSHCP, to secure identified parcels on the escarpment for preservation. The City's consultants and RCA have developed the open space acquisition strategy. This project will demonstrate the ability to provide the City's matching contribution which is equal to 55% of the cost. The remaining 45% will utilize State funds. Benefit: Project Cost: Acquisition Totals Source of Funds: Capital Project Reserves Total Funding: Future O ~ M Cost: Maintain the natural esthetic of the escarpment. Actuals Future Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Years Cost $ 506,226 $ 506,226 $ - $ 506,226 $ - $ - $ - $ - $ - $ 506,226 $ 506,226 $ 506,226 $ - $ 506,226 $ - $ - $ - $ - $ - $ 506,226 N/A 113 PROJECT L4CATI4IV Project Title: PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOLAND CITY TRAIL SYSTEM yp~ CT ` PaG~ e~YST Q of s o Q~'o a sTON Q~ ~ ~O p o~ ~ ~ ~Rks~oF ~' o a oR y ANb! G ~ ~NSlYlP RD ~ Q ~ a N 3 N!C ~ .~ 4 ~ ~ p~RS Ra ~~ ~ U~ m J RlgN ~ ON ~ NR1$T1gNPL ~ ~ ~- ~ m G~ 2~ ~ ~ ~ NARVFS y U~ 2 ~ ~ os~~ roN~Y ~Qe- siy~T `' ~ M Rp.CT ~ O,pi qV NNq O ~ ~ 0p~~~p O ~ QOR RORr C MS~}7~N0 RD A9GC'y ~~ RosFgRY R,~~~l, agsg4q R C 'gyp ~~~ sFti cT U~cT [/SrQN Cr KD =V~ ~ ti~Cr ti ~ ~ ~ FNA ~ = S ORT~N ~ ~ ~~ ~~<<p VALLE OLVERA ~rFN~F9 ~ ~ y~ DoT ter' P GN~Cr ~ ~~ oy ~ o= \~PGtR N o sT9 ~~~ 'Q Say v~ O 9Cl~MAD~RO ¢~~~. A Z 2~ LARK T `q~ ~BR~! pv U y O'AQ C'~, Y U O,p ~ ~\ 114 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Acquisition Construction Construction Engineering Design MSHCP Totals Source of Funds: DIF (Open Space/Trails) Reimbursements/Other (Harveston Contribution) SRTS Total Funding: Future O 8~ M Cast: PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH PRIORITY: II SCHOOL AND CITY TRAIL SYSTEM Infrastructure Design and construct apedestrian/bicycle bridge from Margarita Road, near Harveston Way, over Santa Gertrudis Creek, to Chaparral High School and the City trail system on the south side of Santa Gertrudis Creek. Public Works - Account No. 210.165.738 Project will consist of a planning study, the establishment of easements, environmental review, Flood Control District approval, and the design and construction of a pedestrian/bicycle bridge spanning approximately 200 feet over the Santa Gertrudis Creek. Project will provide a safe route for pedestrians and bicyclists to access Chaparral High School and the Santa Gertrudis Multi- purpose Trail from Iti•Iargarita Road. Actuals to Date 2008-09 2009-10 $ 14,610 $ 68,048 $ 10,000 $ 566,000 $ 15,000 $ 38,248 $ 135,752 $ 28,750 $ 52,858 $ 823,550 $ $ 300,888 $ 300,888 $ 52,858 $ 97,142 $ 150,000 $ 425,520 $ 425,520 $ 52,858 $ 823,550 $ - $ - $ - $ - $ 876,408 $ 500 Annually Total Project _ 2010-11 2011-12 2012-13 Cost $ 82,658 $ 10,000 $ 566,000 $ 15,000 $ 174,000 $ 28,750 $ - $ - $ - $ 876,408 115 PRO.IECT LOCATION Project Title: SANTA GERTRUDIS CREEK PEDESTRIAN/BICYCLE TRAIL EXTENSION AND INTERCONNECT ~~ Promenade Mall 116 PROJECT DESCRIPTION Project Title: SANTA GERTRUDIS CREEK PEDESTRIANBICYCLE TRAIL EXTENSION AND PRIORITY: II INTERCONNECT Project Type: Infrastructure Description: To implement project planning and preliminary engineering for the extension and interconnect of the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail from Ynez Road to the Murrieta Creek Multi-Purpose Trail. Department: Public Works -Account No. 210.165.739 Scope of Project: Project design to include the extension of the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail and provide access and under-crossings at Ynez Road, Interstate-15, and Jefferson Avenue, and a continuous paved trail along the Santa Gertrudis Creek to interconnect with the Murrieta Creek Multi-Purpose Trail. Benefit: Project Cost: Design Totals Source of Funds: Bicycle Transportation Account (BTA) Capital Project Reserves Total Funding: Project will provide additional space for human services for the community. Actuals Future Total Project to Date 2QQ8-09 2009-10 201Q-11 2011-12 2Q12-13 Yea-•s Cost $ 470,000 $ 470,000 $ - $ 470,000 $ - $ - $ - $ - $ - $ 470,000 $ 395,000 $ 75,000 $ 395,000 $ 75,000 $ - $ 470,000 $ - $ - $ - $ - $ - $ 470,000 Future O ~ M Cost: N/A 117 PRO.IECT LOCATION Project Title: SANTIAGO DETENTION BASIN Gp' ~O PSG ~ ~ 9~ o ~ O ~''i ~~ y2 RgNcHo v~s~P~- ~~~ © ~~ o PAUBA R~ ~O P~~`~GO S tV 118 PROJECT DESCRIPTIOtV Project Title: SANTIAGO DETENTION BASIN PRIORITY: 1 Project Type: Infrastructure Description: Project will create a detention basin along Santiago Road in the Los Ranchitos area. Department: Public Works - Account No. 210.165.666 Scope of Project: Project will include purchasing an acre of property adjacent to Santiago Road to create a detention basin that collects sediments from runoff. Property owners have allowed the City in the past to do temporary basins along their property. The City was notified that this is the last year they will be allowed to use private property. Buying the property will allow the City to create the basin on City property. Benefit: The detention basin will collect the sediments that are being transported by rains annually and reduce the erosion of dirt roads. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 36,507 $ 10,062 $ 20,000 $ 66,569 Acquisition $ 293,000 $ 293,000 Construction $ 366,000 $ 366,000 Construction Engineering $ 15,000 $ 15,000 Design $ 81,455 $ 92,310 $ 173,765 Environmental $ 31,000 $ 31,000 MSHCP $ 18,300 $ 18,300 Totals $ 117,962 $ 133,372 $ 712,300 $ - $ - $ - $ 963,634 Source of Funds: Capital Project Reserves $ 117,962 $ 133,372 $ 712,300 $ 963,634 Total Funding: $ 117,962 $ 133,372 $ 712,300 $ - $ - $ - $ 963,634 Future O 8~ M Cost: $ 5,000 An nually 119 PROJECT LOCATION Project Title: TEEN/YOUNG ADULT CENTER 120 PROJECT DESCRIPTIOtV Project Title: TEEN/YOUNGADULT CENTER PRIORITY: II Project Type: Infrastructure Description: Construct ateen/young adult center of approximately 7,000 square feet. Location is to be determined. Department: Community Services Scope of Project: Construct a 7,000 square feet teen/young adult center. Benefit: This project will provide additional programs and services for teens and young adults of the community. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 210,000 $ 210,000 Construction $ 2,100,000 $ 2,100,000 Design $ 315,000 $ 315,000 Fixtures/Furn/Equip $ 1,050,000 $ 1,050,000 Totals $ - $ - $ - $ - $ - $ 3,675,000 $ 3,675,000 Source of Funds: Unspecified* $ 3,675,000 $ 3,675,000 Total Funding: $ - $ - $ - $ - $ - $ 3,675,000 $ 3,675,000 Future O $ M Cost: $ 400,000 Annually ~kProject cannot be constructed until a funding source is identified. 121 PROJECT L4CATI4IV Project Title: TEMECULA CHILDREN'S MUSEUM REFURBISHMENT ~ c RANGOR{J1AR ~ ~ COR7E MA BIND ~~~ to '~ T O ~ ~ < ~ ~G ~ RCEDES y ti~ -- ~ y ~d ~FPSP ~'O ~ ~~ ~ ~ ~6 00 `~ ~~ TIERRAV1STgRD GHQ- ~ ~`~ ~ ~'~FSC q !u U eVC'C' /. ~ PAP ~ Q~~ ~i ~~ L~ ~ RIDGE PARK DR ~ 0P 5 ~C~ ~ r Q O 3 oJ~ Q m z o~o~ o P P v g~rFRN o UT~ 6P 5~ ~~ O o~~ ~ oaa~ G Q~- o? Q ~ 5 ~~ s~P d o o 0 G A w G P`r ~ G s~, " 0 ~~~ ~ ~ e`~ s ~ ~ U ~ U TA ~ -n ~v R c o q ~~ w N a ~ 122 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: Scope of Project: Benefit: TEMECULA CHILDREN' S MUSEUM REFURBISHMENT Infrastructure PRIORITY: I11 This project will assist in refurbishing and replacing of exhibits in the Temecula Children's Museum. Community Services -Account No. 210.190.675 The project will refurbish existing exhibits and design new exhibits. This project will help with upkeep and redesign of this heavily used facility. It will help keep the facility contemporary and up-to• date. Project Cost: Actuals to Date 2008-09 2009-10 Administration $ 20,000 Construction $ 11,639 $ 193,361 Design $ 25,000 Totals $ 11,639 $ 235,361 $ Source of Funds: DIF (Parks and Recreation) Total Funding: Total Project _ 2010-11 2011-12 2012-13 Cost $ 20,000 $ 205,000 $ 25,000 $ - $ - $ - $ 250,000 $ 11,639 $ 238,361 $ 250,000 $ 11,639 $ 238,361 $ - $ - $ - $ - $ 250,000 Future O ~ M Cost: NIA 123 PRO.IECT LOCATION Project Title: TEMECULA CITY ENTRY MONUNIENTATION NJC p~A S RD ~ ~ 4~ O 4N ~~~~~ o L ~\~G ~2 N ~~ ~~ ~~ ~~ D DR 124 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Construction Totals Source of Funds: Capital Project Reserves Total Funding: TEMECULA CITY ENTRY MONUMENTATION Infrastructure PRIORITY: I I Design and construct an entry monument to replace the monumentation at the north end of the City. The monument will be designed and constructed by the Developer pursuant to the Fee Credit Agreement, dated October 9, 2007. The Developer will be reimbursed pursuant to Section 4.H. of the Agreement. The Developer's obligation for this project is $36,000. Community Services/Planning -Account No. 210.165.671 Design and construct an entry monument at the north end of the City along Interstate-15. Project will provide identification and recognition for the City. Actuals to Date $ - Total Project 2008-09 2009-10 2010-11 2011-12 2012-13 Cost $ 114,000 $ 114,000 $ 114,000 $ - $ - $ - $ - $ 114,000 $ 114,000 $ 114,000 $ - $ 114,000 $ - $ - $ - $ - $ 114,000 Future O >~ M Cost: $ 5,000 Annually 125 PROJECT L4CATI4IV Project Title: TEMECULA COMMUNITY CENTER EXPANSION -- `~' FELIX VALDEZMVE ~~ ~~ P {~ ~~ ~~ `a 70 Z O 9U PPVgPR ~' ~~ ~~F9 T~ O ' RIDGE PARK DR PypQ' 0 J Fn G ` 9G ~~ F~ /~ T 5 in C ~ q A ~ e~ < ~ ~~P ~ G/O< G0~o yROiO <S r O 5~ Vfpg RR~TO 5~ ~ F~~ h v ~ GgNTIAGOR O O~~/1/O G ~ J~ O~ JW-~'~~O P gT~~O 9 N N F 126 PROJECT DESCRIPTIOtV Project Title: TEMECULA COMMUNITY CENTER EXPANSION PRIORITY: 111 Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Construction Construction Engineering Design Fixtures/Furn/Equip Site Vt~ork Totals Source of Funds: CDBG* DIF (Quimby) Infrastructure Add 3,653 square feet of space adjacent to the Temecula Community Center to accommodate additional human services programs. Also includes site preparation, utilities, and tenant improvements for the relocation of the Escalier house and barn. Community Services -Account No. 210.190.197 Project will include the design and construction of an additiona13,653 square feet of oiTice and meeting space. Project will provide additional space for human services for the community. Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost $ 44,967 $ 85,032 $ 129,999 $ 6,000 $ 1,783,060 $ 1,789,060 $ 60,000 $ 60,000 $ 184,310 $ 104,631 $ 288,941 $ 20,000 $ 20,000 $ 400,000 $ 400,000 $ 235,277 $ 2,452,723 $ - $ - $ - $ - $ 2,688,000 $ 235,277 $ 2,052,723 $ 400,000 $ 2,288,000 $ 400,000 Total Funding: $ 235,277 $ 2,452,723 $ - $ - $ - $ - $ 2,688,000 Future O ~ M Cast: $ 1,000 Annually *TCC Expansion Project $1,738,000, and Temecula Community Pantry Project $550,000 127 PROJECT L4CATI4IV Project Title: TEMECULA PARKAND RIDE o \ 0 4 ~O N N ~~ Cq$~~LLO AV ~ o~ ~ ~~ ~ ~ ~` P~'~ yNEZRp W U.4LLEJO AV AFc~g1, TEM~C~~PKY e~,p~ c~a~ COL GpN11N0 ~g~ft160 N A 128 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Acquisition Construction Construction Engineering Design MSHCP Totals Source of Funds: TEMECULA PARK AND RIDE Infrastructure PRIORITY: I I Acquire land, design and construct a park and ride facility in the vicinity of Temecula Parkway and La Paz Street. Public Works - Account No. 210.165.664 Project will include the acquisition of property, design, and construction of a parking facility. Entire facility will be designed and then constructed in phases as available funds allow. Project will enable and encourage Temecula residents to carpool during commuting hours. Actuals to Date 2008-09 2009-10 2010-11 2011-12 $ 19,658 $ 87,500 $ 48,750 $ 187,530 $ 244,880 $ 30,000 $ 57,413 $ 77,587 $ 35,000 $ 855,120 $ 25,000 $ 20,000 Total Project 2012-13 Cost $ 155,908 $ 187,530 $ 1,100,000 $ 55,000 $ 135,000 $ 55,000 $ 264,601 $ 474,967 $ - $ - $ 948,870 $ - $ 1,688,438 AB 276b $ 15,974 $ 450,627 $ 466,601 Capital Project Reserves $ 248,627 $ 24,340 $ 272,967 Unspecified* $ 948,870 $ 948,870 Total Funding: $ 264,601 $ 474,967 $ - $ - $ 948,870 $ - $ 1,688,438 Future O 8~ M Cast: $ 900 Annually Project cannot be constructed until a funding source is identified. 129 i ~~ ~~ a ~ ~ ~ ~ ~. ~ ~ ~ ~~ ~ - ~~I~. 1~~~ ~~ i ! i = ~ 130 THE ~~~~ I ~ ~ ~J ~ s l±.ic_ 1989 1~ TABLE OF CONTENTS PARKS I RECREATIOI~I PROJECTS Children's Museum Parking Lot Renovation ....... 133 Developer Reimbursement -Serena Hills......... ... 135 Dog Park Areas -Various City Parks ............... ... 137 Margarita Community Park Erosion Control And Fence .......................................................... ... 139 Pala Park Retrofit Tennis Court Lights .............. ... 141 Play Structure Retrofit at Various Parks ............ ... 143 Redhawk Park Improvements ............................ ... 145 Roller Hockey Rink Renovation ........................ ... 147 Ronald Reagan Monument Site Preparation...... ... 149 Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond ............................. ... 151 Ronald Reagan Sports Park North/South Fields Back Stops, Dugout and Parking Lot with Trash Enclosures ............................................................. 153 Roripaugh Ranch Open Space Trails ............. ........155 Rotary Park Lighting ..................................... ........157 Sam Hicks Monument Park Playground Replacement ................................................... ........15 9 Santiago /Ynez Park Site Design .................. ........161 Skate Park Drainage Improvements .............. ........163 Vail Ranch Park Improvements ..................... ........165 Vail Ranch Park Site D .................................. ........167 Veteran's Memorial Pavers -Phase III ......... ........169 Ynez Road and Overland Landscaping ......... ........171 131 PROJECT L4CATI4IV Project Title: CHILDREN'S MUSEUM PARKING LOT RENOVATION -- `~' FELIX VALDEZMVE ~~ ~~ P {~ ~~ ~~ `a 70 Z O 9U PPVgPR ~' ~~ ~~F9 T~ O ' RIDGE PARK DR PypQ' 0 J Fn G ` 9G ~~ F~ /~ T 5 in C ~ q o ~~F ~ `'~ ~ , G /O ~' ~ ~p y o0 'pOiO ~ o sr ~ S Vfpg RR~TO 5~ ~ F~~ h v ~ GgNTIAGOR O O~~/1/O G ~ J~ O~ JW-~'~~O P gT~~O 9 N N F 132 PROJECT DESCRIPTIOtV Project Title: CHILDREN'S MUSEUM PARKING LOT RENOVATION PRIORITY: I11 Project Type: Parks Description: This project will replace the existing parking lot at the Children's Museum. Department: Community Services Scope of Project: Project will demolish the existing parking lot, over excavate the soil and construct a new base and AC parking lot. Benefit: Project will renovate the existing parking lot for the Children's Museum. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 20,000 $ 20,000 Construction $ 105,000 $ 105,000 Design $ 15,000 $ 15,000 Totals $ - $ - $ - $ - $ 140,000 $ - $ 140,000 Source of Funds: Unspecif ed* $ 140,000 $ 140,000 Total Funding: $ - $ - $ - $ - $ 140,000 $ - $ 140,000 Future O >~ M Cost: $ 500 Annually *This project cannot be constructed until a funding source is identified. 133 PROJECT LOCATION Project Title: DEVELOPERREIMBURSEMENT - SERENA HILLS 134 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: DEVELOPER REIMBURSEMENT - SERENA HILLS PRIORITY: 1 Scope of Project: Benefit: Parks Provide credit for construction of Serena Hills Park. Community Services Provide credit for the construction of Serena Hills Park by the Developer as established in the Conditions of Approval, # 106, for TTM 23209, Extension of Time. Provide recreational opportunities. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Construction $ 265,815 $ 265,815 Totals $ - $ 265,815 $ - $ - $ - $ - $ 265,815 Source of Funds: DIF (Parks and Recreation) $ 265,815 $ 265,815 Total Funding: $ - $ 265,815 $ - $ - $ - $ - $ 265,815 Future O i~ M Cost: N/A 135 PROJECT LOCATION Project Title: DOG PARK AREAS -VARIOUS CITY PARKS 136 PROJECT DESCRIPTIOtV Project Title: DOG PARK AREAS -VARIOUS CITY PARKS PRIORITY: I11 Project Type: Parks Description: Design and construct park improvements at various city parks including minor landscaping, fenced off-leas h dog area, concrete walkways, picnic tables, and benches. Department: Community Services -Account No. 210.190 Scope of Project: Project will design and construct improvements to include landscaping, irrigation, walkways, picnic tables , fencing, and shade structure at the north area of the City. Benefit: Project will provide an additional community dog park. Project Cost: Artuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 10,000 $ 10,000 Construction $ 175,000 $ 175,000 Design $ 15,000 $ 15,000 Totals $ - $ - $ 200,000 $ - $ - $ - $ 200,000 Source of Funds: DIF (Pa~~ks & Recreation) $ 200,000 $ 200,000 Total Funding: $ - $ - $ 200,000 $ - $ - $ - $ 200,000 Future O 8~ M Cost: $ 7,500 Annually 137 PROJECT L4CATI4IV Project Title: MARGARITA COMMUNITY PARK EROSION CONTROLAND FENCE O "^ w V7pq ~ >~ Y ~ECA~~yO ~' COR Z 0 LV1S SPN 7 p¢t~ ~~ G~ S~~e G ~5 Y G~ C~ i O O~ ~ ~ y ti G 0 z - ~ n ~~ PJ h I~ c rx O m } ~ ~ ~P ~\ 7 ~ ri1"P v n "x' < ? < O t~ ~ Y Z pO~O Q n ~~t ~ ~p ~ ~ Z "' ~ m ~ ip, '~ y >A WILLO Oft y o n ~ N ~ o ~ MARGARITA TEfo1ECULA COMMUNITY ELEt•~IENT,4R`f ~ PARK O O Y P d ftANCNO CALFORNlARO L yvo/F l N Oy\~p,5 N TOWERp O J`P~p,S ~ C~fNp s ,s, a O rp LEVgNdE PZ G m wER fiZ F~ P ~ o 1~ 1 c~ , 138 PROJECT DESCRIPTIOtV Project Title: MARGARITA COMMUNITY PARK EROSION CONTROL AND FENCE PRIORITY: Project Type: Parks Description: Stabilize channel bank and install six-foot chain link fencing along the southern side of the channel Department: Community Services Scope of Project: Project will include stabilization of the channel bank with hydroseed mix and then installing six-foot chain link fencing. Benefit: Project will provide stabilization of the channel bank and restrict access to channel area. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Future Years Cost Administration $ 7,500 $ 7,500 Construction $ 75,000 $ 75,000 Design $ 7,500 $ 7,500 Totals $ - $ - $ - $ - $ 90,000 $ - $ - $ 90,000 Source of Funds: Unspecified* $ 90,000 $ 90,000 Total Funding: $ - $ - $ - $ - $ 90,000 $ - $ - $ 90,000 Future O 8~ M Cost: $ 500 Annually *This project cannot be constructed until a funding source is identified. 139 PROJECT L4CATI4IV Project Title: PALA PARK RETROFIT TENNIS COURT LIGHTS yN~zRO 0 DE PORTOLA RD J~ Q O ~ aG VALL SPPOP,~S % GDS-~'~y0 yt PA ' EJO AV ~ n ~ ~ pP~1©L p < TEMECULA PKY O¢~ SP~~' S'0' ~Tkq LN UP~~O L hNaARC3 ~O~ryAL 05 GPI ~~PSP~ O ~O ~ O ,p ~~ LL C L 9~F /~4 v1P5~~+0 C ~ ~ ~ cy'~v a~ ~ G ~ ~~y G, ~ ~O,p LF.p '9 m O q 9 ,4, A' y ,L W p O O 2 fi ~ 0 ~ ~ o s' ~ ~ k~ O =ro 3 9sA ` a' ~ N U s ~ F2~ ~Jv G~ ~ 5~ ~~ ~ A U cus Qv ~ Jae ~~ ss~ ~ ~ 0 ,~ 0 i 140 PROJECT DESCRIPTIOtV Project Title: PALA PARK RETROFIT TENNIS COURT LIGHTS Project Type: Parks Description: Install an electronic timed tennis court lighting system at the tennis courts at Pala Park. Department: Community Services Scope of Project: Project will upgrade the existing facility lighting fixtures. Benefit: Project will improve the safety and energy ei~iciency of the tennis courts. Project Cost: Actuals to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Administration $ 7,500 Construction $ 75,000 Design $ 11,250 Totals $ - $ - $ - $ - $ 93,750 $ Source of Funds: PRIORITY: I11 Total Project Cost $ 7,500 $ 75,000 $ 11,250 $ 93,750 Quimby $ 93,750 $ 93,750 Total Funding: $ - $ - $ - $ - $ 93,750 $ - $ 93,750 Future O >~ M Cost: $ 200 Annually 141 PROJECT LOCATION Project Title: PLAY STRUCTURE RETROFIT AT VARIOUS PARKS 142 PROJECT DESCRIPTIOtV Project Title: PLAY STRUCTURE RETROFIT AT VARIOUS PARKS Project Type: Parks Description: Retrofit existing play structures at parks throughout the City pursuant to a State mandate. Department: Community Services Scope of Project: Project will upgrade the existing play structures to be in compliance with new State regulations. Benefit: Project will improve the safety of the play structures. Project Cost: Actuals to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Administration $ 4,800 Construction $ 48,000 Design $ 7,200 Totals $ - $ 60,000 $ - $ - $ - $ Source of Funds: PRIORITY: I Total Project Cost $ 4,800 $ 48,000 $ 7,200 $ 60,000 DIF (Pinks & recreation) $ 60,000 $ 60,000 Total Funding: $ - $ 60,000 $ - $ - $ - $ - $ 60,000 Future O ~ M Cost: $ 200 Annually 143 PROJECT L4CATI4IV Project Title: REDHAWK PARK IMPROVEMENTS ' ~ ECU~"P4 CRMPgNULA W°LF gTOR~~ N TEM~ HULA CREEK ,~ iTRAIL PARK ~~`O RFO / h''QN'~ A c °rF~o eg.PLiNQA RD REDHAWK `'° '~CCOMMUIVIT~Y ~'paoR ,PARK `~<< ~~~° EM6ASSY PJ a~J O SUNSET `~ RN1~~P~ ~ PARK 0 J ~.0 4 G ~ r a C D 4 9~ j '$O pG PASEO N GAL'LANTE PARK A y s~~~ 144 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Construction Design Utilities Totals REDHAWK PARK INIPRO~%EMENTS Parks PRIORITY: I Phase I will construct shade structures, picnic tables, restroom, dog park, and other amenities to improve the quality of existing park sites. Phase II will include tot lot improvements, shade structures, drainage improvements, and accessibility. Community Services -Account No. 210.190.144 This project will include the design and construction of passive park recreational amenities in four existing park sites within the Redhawk community. These improvements will help bring four existing park sites in the newly annexed Redhawk area to City standards. Actuals to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Total Project Cost $ 3,999 $ 66,001 $ 112,000 $ 182,000 $ 8,600 $ 881,440 $ 1,600,000 $ 2,490,040 $ 40,723 $ 175,277 $ 192,000 $ 408,000 $ 200,000 $ 200,000 $ 53,322 $ 1,322,718 $ - $ - $ 304,000 $ 1,600,000 $ 3,280,040 Source of Funds: DIF (Parks & Recreation} Donations $ Quimby Reimbursements/Other (csa) $ Reimbursements/Other (wolf' 6,040 47,282 $ 522,718 $ 424,000 $ 304,000 $ 1,176,000 $ 424,000 $ 6,040 $ 1,480,000 $ 570,000 Creek) $ 800,000 $ 800,000 Total Funding: $ 53,322 $ 1,322,718 $ - $ - $ 304,000 $ 1,600,000 $ 3,280,040 Future O 8~ M Cost: $ 10,000 Annually 145 PROJECT L4CATI4IV Project Title: ROLLER HOCKEY RINK RENOVATION ~OqQ / LO 6A j05 CORT~ Al-AMAR N ~ ~ a~ s p0{ ~N~~ ~~ty CROSS RD GK ~~~ 9p A~ Sp~TN OE~y'CRV GO 9Q ~ SKI TERRACE. SPICq Cp G~ 0~ L~ cn MOONTlp~ CT AG~~P 9,pG' 9 O ~N \ ~9 y O~ CHO V1S rp RO ~O z z a ,r a PAUSA RD 4 ~ .¢ j ~ z ~ ti f^p ~ ¢ O ~ ~ U 4 ~ U ~ U ~ N ESTERO 3T 4 A N ~~~ O U ,~ a p~,\C,~' r~i~ O ~ / 146 PROJECT DESCRIPTIOtV Project Title: ROLLER HOCKEY RINK RENOVATION Project Type: Parks Description: Renovate the roller hockey rink located in Ronald Reagan Sports Park. Department: Community Services -Account No. 210.190.137 Scope of Project: Project will consist of replacement of dasher boards. Benefit: Project will offer additional recreational opportunities for the community. Project Cost: Actuals to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Administration $ 4,648 $ 30,352 Construction $ 9,845 $ 210,000 Design $ 26,000 Totals $ 14,493 $ 266,352 $ - $ - $ - $ - Source of Funds: PRIORITY: I Total Project Cost $ 35,000 $ 219,845 $ 26,000 $ 280,845 DIF (Pinks & Recreation) $ 14,493 $ 266,352 $ 280,845 Total Funding: $ 14,493 $ 266,352 $ - $ - $ - $ - $ 280,845 Future O ~ M Cost: N/A 147 PRO.IECT LOCATION Project Title: RONALD REAGAN MONUMENT SITE PREPARATION Q" pR O Q ~ S1'!Cq ~T OG ~ ¢~ ~ N1p~j~Tjb~ CT ^'''~ P~~~PS~ 4' ~ \ N No ~~ST~ Ro ~.~, ~~ ~~~~ q~ 4 pRUgp RD 2 n `~ ¢ ~ o ~ ~ ~ ~ ~ ~ ~ z w ~ O z ~ ~ > m1~ w o ssrs~o sr ~ ~ ~ 148 PROJECT DESCRIPTIOtV Project Title: RONALD REAGAN MONUMENT SITE PREPARATION PRIORITY: III Project Type: Parks Description: Basic site preparation for the Ronald Reagan Monument at the Ronald Reagan Sports Park, to include irrigation redesign and the concrete base. Department: Community Services Scope of Project: Redesign of existing irrigation and the construction of the concrete base for the proposed Ronald Reagan Monument. Benefit: Project will provide the site preparation for the proposed Ronald Reagan Monument. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 5,000 $ 5,000 Construction $ 5,000 $ 5,000 Design $ 25,000 $ 25,000 Totals $ - $ - $ 35,000 $ - $ - $ - $ 35,000 Source of Funds: DIF (Pa~~ks & Recreation) $ 35,000 $ 35,000 Total Funding: $ - $ - $ 35,000 $ - $ - $ - $ 35,000 Future O ~ M Cost: NIA 149 PRO.IECT LOCATION Project Title: RONALD REAGAN SPORTS PARK CHANNEL SILT REMOVALAND DESILTING POND ~~ V ~^^ V' ~ Act ~ 9~~T O~ SKY ERR 9~ EMpaq ST 2 ~ O ~' SpiCq Cr OG ~~ w ¢ catty ~~~NTip~ ~T A~ENAg'( m ~ Nc~a Nc ~ ~ No Vi Q sra ~o ~ ~ 04 ~- ~~ ~,e- PgU$R ~~ ~ VE DE ~ `-C GoLiPIA o ~ ~ ~ Z ~ N W ~ ~ ,~o~ ~ ~ w W U ~ ~r Q Q ~ Q~ U C) 150 PROJECT DESCRIPTIOtV Project Title: PRIORITY: I RONALD REAGAN SPORTS PARK CHANNEL SILT REMOVAL AND DESILTING POND Project Type: Parks Description: Remove silt from the channel located in Ronald Reagan Sports Park and the desiltation pond west of the sports park. Department: Community Services -Account No. 210.190.187 Scope of Project: Project will include excavating, hauling away, and disposing of silt in the channel area and desiltation pond, and environmental mitigation. Part of this project was completed in December 2007, in accordance with City Resolution 07- 105, Declared Local Emergency. Benefit: Project will increase the flow capacity of the channel in order to prevent flooding in the sports park, and increase the capacity of the pond to hold storm water and reduce down stream sedimentation. Project Cost: Artuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 36,661 $ 34,000 $ 70,661 Construction $ 41,945 $ 251,260 $ 293,205 Design $ 79,576 $ 49,260 $ 128,836 Environmental $ 47,100 $ 75,000 $ 122,100 MSHCP $ 14, 510 $ 14, 510 Totals $ 158,182 $ 396,130 $ 75,000 $ - $ - $ - $ 629,312 Source of Funds: Reimbursements/Other (F'~na) $ 158,182 $ 396,130 $ 75,000 $ 629,312 Total Funding: $ 158,182 $ 396,130 $ 75,000 $ 629,312 Future O ~ M Cast: $ 20,000 Annually 151 PROJECT L4CATI4IV Project Title: RONALD REGAN SPORTS PARK NORTH 1 SOUTH FIELDS BAC"K STOPS, DUGOUT AND PARKING LOT WITH TRASH ENCLOSURES ~OqQ / LO 6A j05 CORT~ Al-AMAR N ~ ~ a~ s p0{ ~N~~ ~~ty CROSS RD GK ~~~ 9p A~ Sp~TN OE~y'CRV GO 9Q ~ SKI TERRACE. SPICq Cp G~ 0~ L~ cn MOONTlp~ CT AG~~P 9,pG' 9 O ~N \ ~9 y O~ CHO V1S rp RO ~O z z a ,r a PAUSA RD 4 ~ .¢ j ~ z ~ ti f^p ~ ¢ O ~ ~ U 4 ~ U ~ U ~ N ESTERO 3T 4 A N ~~~ O U ,~ a p~,\C,~' r~i~ O ~ / 152 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Construction Construction Engineering Design Totals Source of Funds: DIF (Quimby) DIF (Parks & Recreation} Total Funding: RONALD REAGAN SPORTS PARK NORTH/SOUTH FIELDS BACK STOPS, DUGOUT AND PRIORITY: I11 PARKING LOT WITH TRASH ENCLOSURES Parks This project will replace backstops and dugouts on two fields, and construct a new asphalt parking lot and trash enclosure. Community Services Project will consist of the removal and replacement of backstops and dugouts on both north/south fields, grading and construction of asphalt concrete paving adjacent to north south fields, with a trash enclosure. Project will expand the recreational opportunities available at this site and improve the facilities for park visitors consistent with other park sites. Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost $ 80,000 $ 80,000 $ 672,530 $ 672,530 $ 17,000 $ 17,000 $ 87,000 $ 87,000 $ - $ - $ - $ - $ 856,530 $ - $ 856,530 $ 659,138 $ 659,138 $ 197,392 $ 197,392 $ - $ - $ - $ - $ 856,530 $ - $ 856,530 Future O S< M Cast: $ 1,000 Annually 153 PROJECT LOCATION Project Title: RORIPAUGH RANCH OPEN SPACE TRAILS AR OR CT z HI E D o ~E ~ J N 0 MDRRIETq N v W w ~ Y Z OT SPR N z vv w tt ¢ a ¢ p U U vl d' RD _ Y ]~o U w ~ O tl~t ~ U F C1 i A n ~ CAMINO CIELO ORIp a q UO q ~ M < ~ ~^ O y 2 RO A ~P { y z LIEFER RD QP 6` N m O N V m W a P ~ w ~ ~S~ NORTH LOOP RD ¢ ? NCO O tt /N ~ O H, P Z o a ~ a ~ 2 0 M~ vN ~ S M y o H e ~ z w ~ a P`I ° f \~ W O ~~ , h SO ~ S ' r SOUTH LOOP RD O GpLLE GHA S C LLE OIRASOL ~ C LE CO NTENTO 9P~ AND EA CIR A U F ~ O ~ Z ~~ A y e^'~~e ° N o ° J `Srgo ~isrq °E~ F M HAUNC ~ n OR ONrE EY 1\ A O q'° 154 PROJECT DESCRIPTIOtV Project Title: RORIPAUGH RANCH OPEN SPACE TRAILS Project Type: Parks Description: Design and construct the first phase of the future Roripaugh Open Space Trails Master Plan. Department: Community Services -Account No. 210.190.195 Scope of Project: Design and construct the first phase of the future Roripaugh Open Space Trails Master Plan. Benefit: Project will provide additional trail opportunities for the community. Project Cost: Actuals to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Administration $ 7,000 $ 5,500 Construction $ 100,000 Design $ 54,607 $ 9,626 Totals $ 61,607 $ 115,126 $ - $ - $ - $ - Source of Funds: DIF (Open Space) Reimbursements./Other (County) Total Funding: $ 31,607 $ 115,126 $ 30,000 $ 30,000 $ 61,607 $ 115,126 $ - $ - $ - $ - $ 176,733 PRIORITY: I11 Total Project Cost $ 12,500 $ 100,000 $ 64,233 $ 176,733 $ 146,733 Future O 8~ M Cost: $ 20,000 Annually 155 PROJECT L4CATI4IV Project Title: ROTARY PARK LIGHTING ~~ ~ ~~ ~\~~~ O~a~ TIERRA V1STA ~.p O ~~ '~ '~~' 2 gUc c~ ,CC'S FSC,y ~ ~~- QA F< ~F U F ~QA ~L ~ '~ n <u~ ~O RIDGE PARK DR g~' ~O ,Z.y rA- 4~ ~ ~' JQ~ m d yaQQ- ~~ o F~c~ q ~ ~ P 'S P G~~R O oFs O O BUT DR 0P 5~ sT ~~, .C'Z~~0 ~~<TO 5~ '~ 2~ =O P~a~ GG~O ~G <ON O~ C T G ~~ P 5~ s y (~ ~~O ~ `AyO Rp o FP w ~ ROTARY PARK o o ~' a l ~ m z ~, N o ~ ~9a ~~o Pv ~Yoc N~ T 9 `~O 156 PROJECT DESCRIPTION Project Title: ROTARY PARK LIGHTING PRIORITY: I11 Project Type: Parks Description: Replace aging and inefficient light standards adjacent to the Boys & Girls Club, Rotary Park, and the Temecula Community Center to be consistent with the Old Town standard. Department: Community Services Scope of Project: Project will include the design and installation of light standards adjacent to the Boys & Girls Club, Rotary Park, and the Temecula Community Center to be consistent with the Old Town standard. Benefit: Project will increase energy efficiency and provide adequate lighting along Pujol Street. Project Cost: Administration Construction Design Totals Source of Funds: Unspecified* Total Funding: Actuals to Date 2008-09 2009-10 2010-11 2011-12 2012-13 $ 7,500 $ 75,000 $ 7,500 $ - $ - $ - $ - $ 90,000 $ $ 90,000 $ - $ - $ - $ - $ 90,000 $ Total Project Cost $ 7,500 $ 75,000 $ 7,500 - .p 7V,VVV _ $ 90,000 $ 90,000 Future O 8r M Cost: $ 17,500 Annually ~kThis project cannot be constructed until a funding source is identified. 157 PROJECT L4CATI4IV Project Title: SAM HICKS MONUMENT PARK PLAYGROUND REPLACEMENT 9vS~NF ~ ~~J SSAg o .---. R ~O~ o ~' Z p Y NF~ ~O ~ vL ~ O .~P SfNGLE OAK DR ~!! .y , ~ ~ NCNOCALIFOft~tAftD r° O a 2' COR7t_MA BIND °RTRgip ftA ~ ~ s[N T ~ Z ~ ~°~ SAM HICKS MONUMENT PARK L ~ cP~ ~O ,P p.5 G~C~4~ ~ p ~ fi ~ ~ ~ ~y 6~ Op 'P~ T1frRRAVfgTA ~ GHQ- r~'~ .Z. ~F v S BUC ~ O ~ OP~ .~ ~\~ C U WW Y P4 R1DGE PARK DR ~ 0P .~ ~,Z.9 n ~ r 4 ~ JQ- m ~aQ. r ° ~~cFO o ~ ~ SP 6U~~R~' ° Fs o o U TD 0P 5~ sr ~~F ~~'~~~ /RCTO '~ ~ 5~ QQ- ~O ~O ~~~ ~GO ~O 5 ~ ~P o O 3 V m c AGE `w c FQ"~ w SENT U , ~cDR O ~ 158 PROJECT DESCRIPTIOtV Project Title: SAM HICKS MONUMENT PARK PLAYGROUND REPLACEMENT PRIORITY: I11 Project Type: Parks Description: Design and construct a new play structure to replace the existing equipment. Department: Community Services -Account No. 210.190.13$ Scope of Project: Project will consist of the removal of existing equipment, installation of new equipment, and resurfacing according to ADA guidelines. Benefit: Project will provide an enhanced play environment and improved access for the disabled. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 7,500 $ 7,500 Construction $ 155,000 $ 155,000 Design $ 12,500 $ 12,500 Totals $ - $ - $ - $ 175,000 $ - $ - $ 175,000 Source of Funds: DIF (Pa~~ks & recreation) $ 175,000 $ 175,000 Total Funding: $ - $ - $ - $ 175,000 $ - $ - $ 175,000 Future O ~ M Cast: 159 PRO.IECT LOCATION Project Title: SANTIAGO / YNEZ PARK SITE DESIGN ~~~ O~ ~~ Vf SERRl7p ~ 4`' ` C~ ~~ o ~ w ~~~'~~ ~ U ~ ~'4 2fi ~ ~ LOLlTA RD R GAT AV O COQ ~ ~ F ~T `~ ~ ~~ ~ d'-y a O C} AJON DR p '0 a O -a Z" o ~~~p s v ~~' ~%F o ~ N Na a¢ o~, ~ ~~~ F~~ ~aO~ c~B~,~L~a ~fi 0 °~~ ,~' W~ST~R BY SS ~~~, a O N ~ c 9~ 5 ~ e`~' ~`~ ~ ~~ A~ ~ O a 160 PROJECT DESCRIPTIOtV Project Title: SANTIAGO / YNEZ PARK SITE DESIGN PRIORITY: 111 Project Type: Parks Description: Design of a passive park on a 7.5 acre site at Santiago and Ynez Raads. Department: Community Services Scope of Project: Design of a passive park including turf areas, picnic facilities, garden area, restrooms, and parking. Benefit: Project will provide additional passive park amenities for the community. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 5,000 $ 5,000 $ 10,000 Design $ 50,000 $ 115,000 $ 165,000 Totals $ - $ - $ - $ - $ 55,000 $ 120,000 $ 175,000 Source of Funds: DIF (Parks &xecreation} $ 55,000 $ 120,000 $ 175,000 Total Funding: $ - $ - $ - $ - $ 55,000 $ 120,000 $ 175,000 Future O ~ M Cost: N/A 161 PROJECT L4CATI4IV Project Title: SKATE PARK DRAINAGE IMPROVEMENTS ~OqQ / LO 6A j05 CORT~ Al-AMAR N ~ ~ a~ s p0{ ~N~~ ~~ty CROSS RD GK ~~~ 9p A~ Sp~TN OE~y'CRV GO 9Q ~ SKI TERRACE. SPICq Cp G~ 0~ L~ cn MOONTlp~ CT AG~~P 9,pG' 9 O ~N \ ~9 y O~ CHO V1S rp RO ~O z z a ,r a PAUSA RD 4 ~ .¢ j ~ z ~ ti f^p ~ ¢ O ~ ~ U 4 ~ U ~ U ~ N ESTERO 3T 4 A N ~~~ O U ,~ a p~,\C,~' r~i~ O ~ / 162 PROJECT DESCRIPTIOtV Project Title: SKATE PARK DRAINAGE IMPROVEMENTS Project Type: Parks Description: Design and install a drainage system around the perimeter of the skate bowl. Department: Community Services -Account No. 210.190.196 Scope of Project: Project will include the design and installation of a drainage system around the perimeter of the skate bowl. Benefit: Project will minimize water intrusion into the skate bawl. Project Cost: Actuals to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Administration $ 27,000 Construction $ 180,000 Design $ 27,000 Totals $ - $ - $ - $ 234,000 $ - $ Source of Funds: PRIORITY: I Total Project Cost $ 27,000 $ 180,000 $ 27,000 $ 234,000 DIF (Pinks & recreation) $ 234,000 $ 234,000 Total Funding: $ - $ - $ - $ 234,000 $ - $ - $ 234,000 Future O ~ M Cost: $ 2,000 Annually 163 PROJECT L4CATI4IV Project Title: VAIL RANCH PARK IMPROVEMENTS RAS.}CN R4 l-1ANNE~ 5 ~~ ~ SULLEY ~OROUG L F SAO ~ Os ,~a" SGA¢ o+- ~ s ~ ,o ca P `~ ~qN GI R ?_~ e~'TT q'yC m 'v ~ ~ ~ ~~T tics 13 ~N G'G 20 ¢OMERO DfZ U~ 5 ~~ TF OQ ~ ~ ~~Q' CALLE CANTO ~S,T RO ~'~ O q! n 'F` ~~ v ~ q G~ ~y-~g 9~''cc °g~~~p4z G4 '~o-91r y~ ~' i F~q~c %~~r cl° ~°c~ Q~ 'moo JP~L pVERLANb pR SCR A m q~'jc y ~~O ~~. 00 Oho G q °~ ~~ ~ ~ ~~ 9U y4lSLOP wy y ~° 2 q~~CNy N ~ ~ ,,g- Co n C,O~T m~ Rp«wOp ~UpP DR ~~or ~° Q~`y ~°~e3 ~ ~p~ y~ F ~c iyq ? sHERCOCT A 0~P ° ~ !~9 sgNCy~2 ~0~~ e ~~~T ~' rN ~~Q~ ~° nch Pa ~ ~ '~ !p ~~, ~ti~F{os ~~~~ ~p a // A55 /gyp gNghqC R ~~°_ ~!!~ 4/~~'i P`q2 ~~'~ ~ ~~Se ~`~' ~ ~ O Si ~ y~ ~ O VNONERNAN ~ 5 ~ .}\NG\Fz 9s~'P G~Q~ ~p2 2p~ m o ~~ \~°¢U6AN0 GP ~~ ~J~~ ~ ~~ °'( ~A`~'~~ e~~ LEV4G~ ~ m O a G~ GAS- ALFRF.40 ~C,Z~" ~ SKR,G~y F n ~ o GARp~ ~ ~y GAR ~°~ s!F ~`z.~A RfiRSfgwv v ~ v o SNp~N ~° ~ ~~ HVpq ~ % ~ r ~°Q- ~O~ O RFGINADR U Y y ~ 04~~ ~'~G ~aQ" vALENTVND`1`~~ -~ ~ u5~y !l~pJ, U TF 1~Y N oa¢- YUCCA Sr ~vgcy `~ ~ qs s A ~ qp/p x O~~ p PPY ~~ o ~atgGONSr <Oy/~'sAG Cygr~ P~~J~gS ~ ~ ~ e R '~+ 164 PROJECT DESCRIPTIOtV Project Title: VAIL RANCH PARK IMPROVEMENTS PRIORITY: Project Type: Parks Description: Add various park amenities to existing park, including restrooms and a drainage system. Department: Community Services Scope of Project: Project will consist of improvements to the site to bring this park up to Temecula Community Services standards. Benefit: Project will provide additional activities and restroom facilities for park visitors. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 90,000 $ 90,000 Construction $ 600,000 $ 600,000 Design $ 110,000 $ 110,000 Totals $ - $ - $ - $ - $ 800,000 $ - $ 800,000 Source of Funds: DIF (Pinks & recreation) $ 800,000 $ 800,000 Total Funding: $ - $ - $ - $ - $ 800,000 $ - $ 800,000 Future O 8~ M Cost: $ 40,000 Annually 165 PROJECT L4CATI4IV Project Title: VAIL RANCH PARK SITE D SRO "~ti~~CU1.ApKY v~ ~p~F 9~OR ~o ~~~ ~~~ OVERLANp T GJ ~~ ~~ ~O ~\P~ ~Fp vpp DR fC~TCT Q ti~ N tia,~~~~r ~ ° Qv J e'9~i ~ SOTELO DR a N Aso ~G~ p= aN '~ -r ~ ~' o~ ~ ~\4'SER ~~oQP~ pUA~ ~~\G~~G'S d4~~ ~.~~ LEV1 G'( O Q~ U~~ ~~Q~P~~~ SUP F~~ES1ArM' A o vIA CORDOBA ~AL~NTI[y0 W~ 166 PROJECT DESCRIPTIOtV Project Title: VAIL RANCH PARK SITED PRIORITY: II Project Type: Parks Description: Design and construct the 2.2 acre park site with recreation amenities. Department: Community Services Scope of Project: Project will consist of the construction of a tot lot, picnic shelter, turf area, landscaping, and other recreation amenities. Benefit: Project will provide additional recreational amenities for community residents. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 173,000 $ 173,000 Construction $ 1,500,000 $ 1,500,000 Design $ 170,000 $ 170,000 Totals $ - $ - $ - $ - $ - $ 1,843,000 $ 1,843,000 Source of Funds: DIF (Pinks &Recreation) $ 1,843,000 $ 1,843,000 Total Funding: $ - $ - $ - $ - $ - $ 1,843,000 $ 1,843,000 Future O 8~ M Cost: $ 20,000 Annually 167 PROJECT L4CATI4IV Project Title: VETERAN'S MEMORIAL PAVERS -PHASE III o~`SE G U~~~ LyN4jF ` ~ ~ D M G7 o NG PSCOLINAS o ~ ~ y`Ay 'O ~O 'sO LEVANOE F~ c~ G~G\UPO i A ~A S FT 9 O ~ F'\P Y ~+ P~~FO G ~ ~i7 ~ ~ y p'f' Z ~ ~ Y ~ N D eG v r ~G Q9 z m s~~~ a Cq ~p S~,~P ~ v cP ~~ a ~{ ,S' O 00 ~G'z' CAS`\4, .n `F F L ~ ~ A ~ ~ ~ o .~, ~'9 J1~L AlT~~t' ~ O _ ~ M T PO ~ ~~ OOPT CURTE OC / O ~U~ VfLLA T C ~'~2 ~ ~ G M RCED ST ~~~' ~,{ ~ ~ ,o ~ i jN z ~ ~°~~ ~ S to ~~y~ ~ ~P ~ ~ ~° ARO ~ " N ~ ~0 5 ~,~ ~ vQ Bu~,~~r ~ Pie ° is ~~ ~~~ e r ~ ?Q ILO HAL ` ' U ~ 168 PROJECT DESCRIPTION Project Title: VETERAN'S MEMORIAL PAVERS-PHASE III PRIORITY: I11 Project Type: Parks Description: Install the third phase of granite pavers at the Veteran's Memorial located at the Duck Pond. Department: Community Services Seape of Project: Engrave and install an additional 250 granite pavers, including filler pavers as necessary, on the "Path of Honor" at the Veteran's Memorial. Benefit: Project Cost: Administration Construction Totals Source of Funds: Project will provide additional pavers honoring military veterans. Actuals to Date $ - Total Project 2008-09 2009-10 2010-11 2011-12 2012-13 Cost $ 2,oao $ 2,000 $ 51,000 $ 51,000 $ 53,000 $ - $ - $ - $ - $ 53,000 DIF (Pa~~ks & recreation) $ 40,000 $ 40,000 Reimbursements/Other ~vFw} $ 13,000 $ 13,000 Total Funding: $ - $ 53,000 $ - $ - $ - $ - $ 53,000 Future O 8r M Cast: $ 5,000 Annually 169 PROJECT L4CATI4IV Project Title: YNEZ ROAD AND OVERLAND LANDSCAPING Q- T ~~ ~~ ~~y P OM~NADE M F?~ LL ~ O X0 G ys~' ~ 2 ~~ Q,O oe ~O ~ Py ' ~ ~ ~Q' ~ ~~~~ ewe o Q~ ~ Z ~~,e~ p~ w uy DWOOD C1R G~~ ~ ~ ~O~ ti ~ U ~ o ~ O ~ m vAIL SROOIC DRCj z w ~ me 2 ~ OR 1GHTVIEW C1R WOO a WAY E 4 v ~~ ~ ~ RHILLCIR O St C1R ~~~ O LN 1G 1C~E R ~ 09 ~P ~ NICOLE ~ D NCR1rST C4 L -,~~ O p O u~i ~ O U ~-1 ~~y~ ` ~ A V1A Lq V1D R c ~tiF ~O F~, ~ F v 7~ w yT~ { z ~'A NAWY SpLA ~ N G~c ' A O~ G~ey.~ p~'P~ ~ ~Q 170 PROJECT DESCRIPTION Project Title: YNEZ ROAD AND OVERLAND LANDSCAPING PRIORITY: IV Project Type: Parks Description: Design and installation of landscaping and public art on the northwest corner of Ynez Road and Overland. Department: Community Services Scope of Project: Project will include the design and installation of landscaping and public art on the northwest corner of Ynez Road and Overland. Benefit: Project will provide an opportunity to display public art in the community. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 25,000 $ 25,000 Construction $ 60,000 $ 60,000 Design $ 25,000 $ 25,000 Public Art $ 90,000 $ 90,000 Totals $ - $ - $ - $ - $ 200,000 $ - $ 200,000 Source of Funds: Unspecified* $ 200,000 $ 200,000 Total Funding: $ - $ - $ - $ - $ 200,000 $ - $ 200,000 Future O $ M Cost: $ 5,000 Annually *This project cannot be constructed until a funding source is identified 171 i ~~ ~~ a ~ ~ ~ ~ ~. ~ ~ ~ ~~ ~ - ~~I~. 1~~~ ~~ i ! i = ~ 172 THE ~~~~ I ~ ~ ~J l±.ic_ 1989 1~ TABLE OF CONTENTS REDEVELOPIVIEI~IT I HOUSII`IC PROJECTS Affordable Housing ............................................... 175 Affordable Housing Projects -Future Obligations ............................................................ 177 Auto Mall Sign ...................................................... 179 NW RDA Property Grading and NPDES Compliance ........................................................... 1$1 Old Town Infrastructure Projects -Mercedes Street and Main Street ........................................... 183 Old Town Infrastructure Projects -Parking Structure, Office and Retail .................................. 185 Old Town Infrastructure Projects -Relocation of Existing Structures /Demolition and Grading...... 187 Old Town Infrastructure Projects - Town Square ......................................................... 189 Old Town Infrastructure Projects -Underground Utilities .................................................................. 191 Residential Impro~~ement Programs ...................... 193 173 PROJECT LOCATION Project Title: AFFORDABLE HOUSING RANCHO CALIFORNIA R `~ ~p 5 O o ~ o ~ FELIX VA EZ VE G',5,9 ~igpo z l~,~ 2 p F~ Rr m ye ~ o J 9 qo~ oPO,~ SINGLE OAK DR c,~ ~~ ~~ ~.p~ cN~`~NOD RO ~~ gN 9 J f 9~ O m~, ao ~ 900 RIDGE PARK DR 0 `'~ A 0P O JQ- ~o ~ sr ~ e 0 '~ ~`~~ g~` o~<<F G ~~ S~i O ~A SERRITG U y~5 AGO RD F~? G O a ~ J P~~E~O N A °gM~No OAT ~<<O or 174 PROJECT DESCRIPTIOtV Project Title: AFFORDABLE HOUSING PRIORITY: I Project Type: Affordable Housing Description: Mixed-Use Development in Old Town. Department: Housing/Redevelopment -Account No. 165.199 Scope of Project: Work with development partner to develop amixed-use project comprising of affordable housing and commercial uses. Benefit: Project meets State Planning and Redevelopment mandates and fulfills the goals and policies of the City's General Plan and Redevelopment Implementation Plan. The project also furthers the revitalization of Old Town consistent with the Old Town Specific Plan. Project Cost: Artuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Rehab Assistance $ 8,750,000 $ 2,000,000 $ 2,500,000 $ 2,000,000 $ 2,000,000 $ 17,250,000 Totals $ - $ 8,750,000 $ 2,000,000 $ 2,500,000 $ 2,000,000 $ 2,000,000 $ 17,250,000 Source of Funds: RDA Housing $ 8,750,000 $ 2,000,000 $ 2,500,000 $ 2,000,000 $ 2,000,000 $ 17,250,000 Total Funding: $ - $ 8,750,000 $ 2,000,000 $ 2,500,000 $ 2,000,000 $ 2,000,000 $ 17,250,000 Future O ~ M Cost: 175 PROJECT L4CATI4IV Project Title: AFFORDABLE HOUSING PROJECTS -FUTURE OBLIGATIONS -- `~' FELIX VALDEZMVE ~~ ~~ P {~ ~~ ~~ `a 70 Z O 9U PPVgPR ~' ~~ ~~F9 T~ O ' RIDGE PARK DR PypQ' 0 J Fn G ` 9G ~~ F~ /~ T 5 in C ~ q A ~ e~ < ~ ~~P ~ G/O< G0~o yROiO <S r O 5~ Vfpg RR~TO 5~ ~ F~~ h v ~ GgNTIAGOR O O~~/1/O G ~ J~ O~ JW-~'~~O P gT~~O 9 N N F 176 PROJECT DESCRIPTIOtV Project Title: AFFORDABLE HOUSING PROJECTS -FUTURE OBLIGATIONS PRIORITY: 1 Project Type: Housing Improvements Description: Future funding obligation for Mission Village affordable housing projects. Department: Housing /Redevelopment -Account No. 165.199.811 Scope of Project: Project will include the design and construction/rehabilitation of affordable h ousing for the Mission Village p roject to meet State mandated housing goals. Benefit: Project will increase the preservation and development of affordable housing. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Construction $ 305,000 $ 305,000 $ 305,000 $ 305,000 $ 305,000 $ 1,525,000 Totals $ - $ 305,000 $ 305,000 $ 305,000 $ 305,000 $ 305,000 $ 1,525,000 Source of Funds: RDA Housing $ 305,000 $ 305,000 $ 305,000 $ 305,000 $ 305,000 $ 1,525,000 Total Funding: $ - $ 305,000 $ 305,000 $ 305,000 $ 305,000 $ 305,000 $ 1,525,000 Future O ~ M Cast: N/A 177 PROJECT LOCATION Project Title: AUTO MALL SIGN 178 PROJECT DESCRIPTION Project Title: AUTO MALL SIGN PRIORITY: 1 Project Type: Housing /Redevelopment Description: Provide funding mechanism for replacement of existing Auto Mall Marquee Sign. Department: ~~, Scope of Project: Project will provide for replacing and updating the Auto Mall Marquee Sign. Benefit: Project will provide for better visibility of Auto Mall and increase auto sales. Project Cost: Construction Utilities Totals Source of Funds: RDA (sonds} Total Funding: Future O i~ M Cost: Actuals to Date Total Project 2008-09 2009-10 2010-11 2011-12 2012-13 Cost $ 800,000 $ 800,000 $ - $ - $ 800,000 $ - $ - $ - $ - $ 800,000 $ 800,000 _ $ - $ 800,000 $ - $ _ $ 800,000 $ - $ - $ 800,000 179 PROJECT LOCATION Project Title: NW RDA PROPERTY GRADING AND NPDES COMPLIANCE 180 PROJECT DESCRIPTIOtV Project Title: NW RDA PROPERTY GRADING AND NPDES COMPLIANCE PRIORITY: Project Type: RDA Description: Project will rough grade the RDA owned property at the NW corner of Diaz Road and Dendy Road. Department: ~~, Scope of Project: Project will complete rough grading and compacting by redistributing surcharge materials across the entire site and then implement storm water EMP's for sediment and erosion control and complete annual maintenance of the storm water EMP's. Benefit: Work will prepare the site for future development or for marketing to the development community while ensuring compliance of the storm water regulations. Project Cast: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Future Years Cost Administration $ 25,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 45,000 Construction $ 250,000 $ 45,000 $ 45,000 $ 45,000 $ 45,000 $ 430,000 Design $ 25,000 $ 25,000 Totals $ - $ 300,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ - $ 500,000 Source of Funds: RDA Housing $ 300,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 500,000 Total Funding: $ - $ 300,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ - $ 500,000 Future O +& M Cost: $ 1,000 Annually 181 PRO.IECT LOCATION Project Title: OLD TOWN INFRASTRUCTURE PROJECTS -MERCEDES STREET AND MAIN STREET ~9 'LF o °o,~ <<~ ~'~o G ~ tP ~< O~ ~~ ~~~ `.~ TIERRA VISTA RD ~ ~ P \e' ~fi~C z ~ ~~~ Q=J ~ ~ O~ ~ ~ ~ Q~ ~~ ~~ ~ ~ m ~~ ~ O U ~¢ 5 'CP o~ ~~~' ~1~PFPN 0 ~ ~ 49~~ °~O Q~ ~~o ~ 2~ ~ v ~ ~°~TST ~4~~~~ o N ~ F`~S~ s~ ~aNr~a°O RD 182 PROJECT DESCRIPTIOtV Project Title: PRIORITY: 1 OLD TO~'VN INFRASTRUCTURE PROJECTS -MERCEDES STREET AND MAIN STREET Project Type: Housing/Redevelopment Description: Project will continue the Old Town streetscape enhancements along Mercedes Street between Second Street and Fourth Street, and on realigned Main Street. In addition, the pavement on Mercedes Street between Fourth Street and Sixth Street will be widened to its ultimate width along with rolled curb and gutter. Department: RDA/Public Works -Account No. 210.165.636 Scope of Project: Project will include design and construction of Old Town streetscape enhancements including rolled curb and gutter, streets, storm drains, sidewalks, and street lighting. Project will complete intersection improvements at Old Town Front Street and Mercedes Street, and Mercedes Street and Sixth Street, and widen Mercedes Street between Fourth Street and Sixth Street. Benefit: Project will continue to promote the revitalization of Old Town. Project Cost: Actuals to Date 2008-09 2009-10 Administration $ 8,865 $ 151,081 Construction $ 1,753 $ 2,196,247 Construction Engineering $ 65,000 Design $ 246,832 $ 53,222 MSHCP $ 108,000 Totals $ 257,450 $ 2,573,550 $ - Source of Funds: RDA (Bonds) $ 257,450 $ 2,573,550 Total Funding: $ 257,450 $ 2,573,550 $ - Future O Sr M Cost: $ 4,000 An nually Total Project 2010-11 2011-12 2012-13 Cost $ 159,946 $ 2,198,000 $ 65,000 $ 300,054 $ 108,000 $ - $ - $ - $ 2,831,000 $ 2,831,000 $ - $ - $ - $ 2,831,000 183 PRO.IECT LOCATION Project Title: OLD TOWN INFRASTRUCTURE PROJECTS - PARHING STRUCTURE, OFFICE AND RETAIL N A 184 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Construction Construction Engineering Design Fixtures/FurnlEquip Totals Source of Funds: OLD TOWN INFRASTRUCTURE PROJECTS -PARKING STRUCTURE, OFFICE AND RETAIL PRIORITY: Housing/Redevelopment Project will construct a two or three story parking structure east of Mercedes Street at Third Street, to accommodate roughly 400 parking spaces, as well as integral office/retail shells fronting Mercedes Street. RDA/Public Works -Account No. 210.165.644 Project will include design and construction of a two or tluee story parking structure on Mercedes Street at the foot of Third Street. Project will include approximately 8,500 square feet of office/retail space. Project continues to promote the revitalization of Old Town. Actuals to Date 2008-09 2009-10 $ 18 $ 149,982 $ 150,000 $ 13,963,004 $ 2,906,355 $ 322,500 $ 1,053,908 $ 489,233 $ 465,000 ZO10-11 2011-12 2012-13 Total Project Cost $ 300,000 $ 16,869,359 $ 322,500 $ 1,543,141 $ 465,000 $ 1,053,926 $ 14,924,719 $ 3,521,355 $ - $ - $ - $ 19,500,000 Capital Project Reserves $ 492,919 $ 492,919 DIF (Police Facilities) $ 27,142 $ 651,589 $ 678,731 RDA (Bonds) $ 1,026,784 $ 13,780,211 $ 3,521,355 $ 18,328,350 Total Funding: $ 1,053,926 $ 14,924,719 $ 3,521,355 $ - $ - $ - $ 19,500,000 Future O ~ M Cost: 185 PRO.IECT LOCATION Project Title: OLD TOWN INFRASTRL?CTLTRE PROJECTS -RELOCATION OF EXISTING STRUCTURES/ DEMOLITION AND GRADING N A 186 PROJECT DESCRIPTIOtV Project Title: OLD TOWN INFRASTRUCTURE PROJECTS -RELOCATION OF EXISTING STRUCTURES 1 pR10RITY: DEMOLITION AND GRADING Project Type: Housing/Redevelopment Description: Project will either relocate two historical buildings or demolish existing facilities and perform grading of City properties in Old Town. Department: RDA/Public Works -Account No. 210.165.645 Scope of Project: Project will include design and construction of either relocation and/or demolition of existing facilities on City owned properties in Old Town. Project will ready the sites for future development and install interim erosion control measures. Benefit: Project will continue to promote the revitalization of Old Town Project Cast: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 24,601 $ 5,401 $ 30,002 Construction $ 113,610 $ 796,389 $ 909,999 Design $ 48,829 $ 31,170 $ 79,999 MSHCP $ 40,000 $ 40,000 Totals $ 187,040 $ 872,960 $ - $ - $ - $ - $ 1,060,000 Source of Funds: Capital Reserves $ 530,000 $ 530,000 RDA (sonds} $ 187,040 $ 342,960 $ 530,000 Total Funding: $ 187,040 $ 872,960 $ - $ - $ - $ - $ 1,060,000 Future O ~ M Cost: N/A 187 PRO.IECT LOCATION Project Title: OLD TOWN INFRASTRUCTURE PROJECTS -TOWN SQUARE N A 188 PROJECT DESCRIPTIOtV Project Title: OLD TOWN INFRASTRUCTURE PROJECTS -TOWN SQUARE PRIORITY: 1 Project Type: Housing/Redevelopment Description: Project will construct a Civic Plaza within the confines of the proposed Main Street "Y" between Old Town Front and Mercedes Streets. Department: RDA/Public Works -Account No. 210.165.643 Scope of Project: Project will include design and construction of a Civic Plaza, including hadscape, landscape and irrigation, and a water feature. The project will also include constructing five-foot wide sidewalks adjacent to the retail sites along realigned Main Street. Benefit: Project will continue to promote the revitalization of Old Town. Project Cast: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 2,621 $ 77,379 $ 80,000 Construction $ 2,001,000 $ 2,001,000 Construction Engineering $ 60,000 $ 60,000 Design $ 193,583 $ 156,417 $ 350,000 Totals $ 196,204 $ 2,294,796 $ - $ - $ - $ - $ 2,491,000 Source of Funds: RDA (sonds} $ 196,204 $ 2,294,796 $ 2,491,000 Total Funding: $ 196,204 $ 2,294,796 $ - $ - $ - $ - $ 2,491,000 Future O 8~ M Cost: $ 5,000 An nually 189 PRO.IECT LOCATION Project Title: OLD TOWN INFRASTRUCTURE PROJECTS -UNDERGROUND UTILITIES 190 PROJECT DESCRIPTIOtV Project Title: PRIORITY: I OLD TOWN INFRASTRUCTURE PROJECTS -UNDERGROUND UTILITIES Project Type: Housing/Redevelopment Description: Project will underground all overhead utility lines along Old Town Front Street and Mercedes Street between Second Street and Sixth Street, as well as on Main Street from Murrieta Creek to Mercedes Street. Department: RDA/Public Works -Account No. 210.165.646 Scope of Project: Project will include design and construction of underground utility system to eliminate all overhead wires in the project area, including electrical, telephone, and cable television. Benefit: Project Cost: Administration Construction Design Totals Source of Funds: Rule 20A RDA (sonds} Total Funding: Future O ~ M Cost: Project will continue to promote the revitalization of Old Town. Actuals to Date $ 1,468 2008-09 $ 19,946 $ 2,055,000 $ 8,586 Total Project 2009-10 2010-11 2011-12 2012-13 Cost $ 19,946 $ 2,055,000 $ 10,054 $ - $ - $ - $ - $ 2,085,000 $ 1,468 $ 2,083,532 $ $ 1,468 $ 1,750,000 333,532 $ $ 1,750,000 335,000 $ 1,468 $ 2,083,532 $ - $ - $ - $ - $ 2,085,000 N/A 191 PROJECT LOCATION Project Title: RESIDENTIAL IMPROVEMENT PROGRAMS 192 PROJECT DESCRIPTIOtV Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Rehab Assistance Totals Source of Funds: RDA Housing Total Funding: RESIDENTIAL IMPROVEMENT PROGRAMS PRIORITY: 1 Future O ~ M Cost: Housing Improvements Provide financial assistance for the rehabilitation of existing housing units in assigned neighborhoods to increase and preserve the supply of affordable housing in the City in accordance with State law. Planning /Redevelopment -Account No. 165.199.813 Project will establish programs that distribute funds to rehabilitate existing housing units. Housing set aside is not restricted only to the Redevelopment area. Project will meet State Planning and Redevelopment mandates, fulfill the City's General Plan and Redevelopment Implementation Plan goals and policies, and assist in the removal of blight. Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost $ 131,965 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 1,131,965 $ 131,965 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 1,131,965 $ 131,965 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 131,965 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 N/A $ 1,131,965 $ 1,131,965 193 i ~~ ~~ a ~ ~ ~ ~ ~. ~ ~ ~ ~~ ~ - ~~I~. 1~~~ ~~ i ! i = ~ 194 ~~v ~~' ~~~L1 F~' 2049-13 CIP BUDGET -FUTURE YEARS PRD.TECTS CIRCULATION INFRASTRUCTURE Cherry Street Extension Diaz Road to Jefferson Avenue Diaz Road Widening from Winchester Road to Rancho California Road Jefferson Avenue Median from Winchester Road to Rancho California Road La Paz Street Widening from Ynez Road to State Route 79 South Pauba Road Improvements -east of Margarita Road on the north side Rainbow Canyon Road Widening from Pechanga Parkway to City Limit Rancho California Road East of Meadows Parkway Rancho California Road Widening from I-15 to East of Ynez Road Rancho Way Extension from Diaz to Margarita Road Western Bypass Corridor -Phase I Western Bypass Corridor -Phase II Ynez Road Widening from Rancho Vista Road to La Paz Street Ynez Road Widening from Tierra Vista Road to Rancho Vista Road Fire Station Promenade Ice Skating Facility Margarita Under-Crossing Pedestrian and Bicycle Bridge Overcrossing Into Old Town Senior Center Southside Branch Library Southside Recreation Center Temecula Police Station Public Works $ 11,180,000 Public Works $ 1,500,000 Public Works $ 2,300,000 Public Works $ 2,500,000 Public Works $ 130,000 Public Works $ 8,000,000 Public Works $ 470,000 Public Works $ 705,000 Public Works $ 28,337,000 Public Works $ 10,536,600 Public Works $ 11,300,000 Public Works $ 6,344,000 Public Works $ 580,000 TOTAL City Fire Serv/Riv. Co FD Community Services Public Works Planning Commurity Services Community Services Community Services Police Dept. $ 83,882,600 $ 4,083,000 $ 8,740,000 $ 1,650,000 $ 1,890,000 $ 4,600,000 $ 6,640,000 $ 4,500,000 $ 7,800,000 TOTAL $ 39,903,000 195 FY 2409-13 CIP BiTDGET - FITTTIRE YEARS PROJECTS PARKS Botanical Garden Community Services Butterfield Stage Park Restroom Community Services Community Recreation Center Upgrades and Refurbishing Community Services Pablo Apis Park Expansion (Redhawk Parksite G) Community Services Paloma Del Sol Park Parkway Landscaping Community Services Ronald Reagan Sports Park Upper Soccer Paving and Materials/Equip Storage Bays Community Services Santiago Park Site Community Services Shade Structures Community Services Sports Complex -Joint Use (Riverside County Flood Control District) Community Services 300,000 150,000 93,750 750,000 100,000 481,250 2,174,500 100,000 8,250,000 TOTAL $ 12,399,500 196 i _ ~ ~vc_ 789 Abatement -Abatement usually applies to tax levies, special assessments, and service charges. Accounting System -The methods and records established to identify, assemble, analyze, classify, record and report a government's transactions and to maintain accountability for the related assets and liabilities. Adoption -Formal action by the City Council that sets the spending limits for the fiscal year. Appropriation - A legal authorization granted by the City Council to make expenditures and incur obligations for specific purposes. Americans With Disabilities Act Of 1990 (ADA) - A federal law providing for a wide range of protection to individuals which directly benefit District members. Assessment District - A separate local government agency formed to provide specific local public improvements that directly benefit District members. Audit - A systematic collection of the sufficient, competent evidential matter needed to attest to fairness of management's assertions in the financial statements or to evaluate whether management has efficiently and effectively carried out its responsibilities. Budget - A plan of financial operation embodying an estimate of proposed expenditures for a given period and the proposed means of financing them. Used without any modifier, the term usually indicates a financial plan for a single fiscal year. Budgetary Control -The control or management of a government or enterprise in accordance with an approved budget for the purpose of keeping expenditures within the limitations of available appropriations and revenues. Capital Improvement -Construction or major repair of City buildings and facilities such as streets, roads, highways, bridges, curbs, gutters, sidewalks, storm drains, traffic signals, streetlights, gas and water distribution facilities, and parks. Capital Improvement Program (CIP) -Annual appropriations in the City's budget for capital purposes such as street improvements, building construction, and park improvements. Capital Expenditures -Expenditures resulting in the acquisition of or addition to the government's general fixed assets having a unit cost of $1,000 or more and a useful life of one year. 197 GLOSSARY OF TERMS -Continued Capital Outlay -Expenditures which qualify as capital costs according to accounting standards. This includes furniture, fixtures, machinery, equipment, and other relatively minor fixed assets. Capital P-•oject - A specific undertaking involving the procurement, construction or installation of facilities and related equipment which improves, preserves, enhances or modernizes the City's provision of municipal services, has along-term useful life, and for which costs exceed $2s,oaa. Construction Engineering -Engineering work during the construction process that ensures projects are constructed in accordance with design parameters and specifications. The primary construction engineering functions are construction inspections, laboratory services, field surveys and design plan updates or interpretations. Contingency - A budgetary reserve set-aside for emergency or unanticipated expenditures. Contractual Services -Contracts for professional services. Department - An organizational unit comprised of programs and program managers. A single director manages each department. Encumbrances - An amount of money committed for the payment of goods and services not yet received or paid for. Expenditures -The present or future use of net current assets, debt service and capital outlays, and intergovernmental grants, entitlements and shared revenues. Fiscal Year -The period designated by the City signifying the beginning and ending period for recording financial transactions. The City of Temecula has a fiscal year of July 1 through June 30. Fund - An accounting entity with a set ofself-balancing accounts recording revenues and expenditures and transactions for specific activities. Fund Balance -The difference between the assets {revenues and other resources) and liabilities {expenditures incurred or committed to} for a particular fund. Future Years -The intent of the future period is to project out to ten (lo) years, projects that are anticipated by staff and the City Council that will ultimately have a very large impact on the City and surrounding area. General Fund -Accounts for tax and other general fund revenues {e.g., sales taxes, property taxes, fines and forfeitures, investment interest, etc.} and records the transactions of general governmental services (e.g., police, fire, library, parks and recreation, public service, etc.). Goals -The desired result of accomplishments within a given time frame, usually a fiscal year. Grants -Contributions or gifts of cash ar other assets from another government to be used or expended for a specified purpose. 198 GLOSSARY OF TERMS -Continued Intermodal Surface Transportation Efficiency Act Of 1991 (ISTEA) -The federal transportation program authorizing the expenditure of $155 billion over six (6) years and providing states with the flexibility to set their own transportation priorities and explore creative financing mechanisms within certain guidelines. Objectives -The necessary steps to achieve a desired goal. Operations & Maintenance -Office supplies and other materials used in the normal operations of City departments. Includes items such as books, maintenance materials, and contractual services. Organization - A unit of operation having specific responsibilities and duties and collectively form an Agency. The terms organization and division is used interchangeably throughout the budget document {i.e., Accounting Organization, Traffic Division, etc.}. Resources -Total amounts available for appropriation including estimated revenues, fund transfers, and beginning balances. Revenues -The yield of taxes and other sources of income that a governmental unit collects and receives for public use. Special Assessment - A compulsory levy made against certain properties to defray all or part of the cost of a specific capital improvement or service deemed to benefit primarily those properties. Taxes -Compulsory charges levied by a government to finance services performed for the common benefit. This term does not include specific charges made against particular persons or property for current or permanent benefits, such as special assessments. Nor does the term include charges for services rendered only to those paying such charges {i.e., sewer service charges). Transfers In/Out -Payments from one fund to another fund primarily for work or services provided. Unspecified -Funds that have not been identified for various proposed projects. 199 ~`~ '~ Puce Abbott Corporation Roadway Improvement ................................................................................................. .................35 Affordable Housing ....................................................................................................................................... ...............175 Affordable Housing Projects -Future Obligations ....................................................................................... ...............177 Alternative Fueling Station ............................................................................................................................ ................. 87 Auto Mall Sign ............................................................................................................................................... ...............179 Auxiliary Lanes on Interstate-15 in Temecula ............................................................................................... .................37 Bike Lane Improvements -Citywide ............................................................................................................. ................. 89 Butterfield Stage Road Extension Beltway Project ....................................................................................... .................39 Children's Museum Parking Lot Renovation ................................................................................................ ...............133 Citywide Adaptive Traffic Light Synchronization System ........................................................................... .................41 Civic Center ................................................................................................................................................... .................91 Closed Circuit Television Installation on State Route 79 South and Pechanga Parkway ............................. .................43 Developer Reimbursement -Serena Hills ..................................................................................................... ...............135 Dog Park Areas -Various City Parks ............................................................................................................ ...............137 Fire Station 73 Living Quarters Upgrade ....................................................................................................... .................93 Fire Station Roripaugh Ranch Site ................................................................................................................ .................95 Flashing Beacons ........................................................................................................................................... .................45 French Valley Parkway /Interstate-15 Over-Crossing and Interchange Improvements ............................... .................47 French Valley Parkway /Interstate-15 Over-Crossing and Interchange Improvements - Phase I ............... .................49 History Museum Expansion ........................................................................................................................... .................97 Integrated Facility Alarm System -Citywide ................................................................................................ .................99 Interstate-15 /State Route 79 South Ultimate Interchange ........................................................................... .................51 200 INDEX -Continued P~ Library Additional Parking .................................................................................................................................. .........101 Localized Storm Drain Improvements, Various Locations ................................................................................. .........103 Long Canyon Detention Basin -Access Road .................................................................................................... .........105 Main Street Bridge Over Murrieta Creek (Replacement) .................................................................................... ...........53 Margarita Community Park Erosion Control and Fence ..................................................................................... .........139 Meadows Parkway Bike Lane ............................................................................................................................. ...........55 Medians and Parkways -Citywide ...................................................................................................................... ...........57 Murrieta Creek Bridge and Overland Drive Extension to Diaz Road ................................................................. ........... 59 Murrieta Creek Improvements ............................................................................................................................. .........107 Murrieta Creek Multi-Purpose Trail .................................................................................................................... .........109 Nicolas Valley -Assessment District (Liefer Road) ........................................................................................... ...........61 NW RDA Property Grading and NPDES Compliance ........................................................................................ .........181 Old Town Gymnasium ......................................................................................................................................... .........111 Old Town Infrastructure Projects -Mercedes Street and Main Street ................................................................ .........183 Old Town Infrastructure Projects -Parking Structure, Office and Retail ........................................................... .........185 Old Town Infrastructure Projects -Relocation of Existing Structures /Demolition and Grading ..................... .........187 Old Town Infrastructure Projects -Town Square ............................................................................................... .........189 Old Town Infrastructure Projects -Underground Utilities ................................................................................. .........191 Open Space Acquisition Program ........................................................................................................................ .........113 Pala Park Retrofit Tennis Court Lights ................................................................................................................ .........141 Pavement Rehabilitation Program -Citywide ..................................................................................................... ...........63 Pavement Rehabilitation - De Portola Road ....................................................................................................... ...........65 Pavement Rehabilitation - STPL Project ............................................................................................................ ...........67 Pechanga Parkway -Dual Right Turn Lanes from Temecula Parkway .............................................................. ...........69 Pechanga Parkway Improvements -Phase II ...................................................................................................... ...........71 Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System ........ .........115 Play Structure Retrofit at Various Parks .............................................................................................................. .........143 Redhawk Park Improvements .............................................................................................................................. .........145 Residential Improvement Programs ..................................................................................................................... .........193 201 INDEX -Continued Puce Roller Hockey Rink Renovations ............................................................................................................................ .....147 Ronald Reagan Monument Site Preparation ............................................................................................................ .....149 Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond ................................................................. .....151 Ronald Reagan Sports Park North /South Fields Back Stops, Dugout and Parking Lot with Trash Enclosure..... .....153 Roripaugh Ranch Open Space Trails ....................................................................................................................... .....155 Rotary Park Lighting ................................................................................................................................................ .....157 Sam Hicks Monument Park Playground Replacement ............................................................................................ .....159 Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect ......................................................... .....117 Santiago Detention Basin ......................................................................................................................................... .....119 Santiago /Ynez Park Site Design ............................................................................................................................ .....161 Skate Park Drainage Improvements ......................................................................................................................... .....163 Teen/Young Adult Center ........................................................................................................................................ .....121 Temecula Children's Museum Refurbishment ........................................................................................................ .....123 Temecula City Entry Monumentation ..................................................................................................................... .....125 Temecula Community Center Expansion ................................................................................................................ .....127 Temecula Creek Crossing for Access to Temecula Parkway .................................................................................. .......73 Temecula Park and Ride .......................................................................................................................................... .....129 Temecula Parkway Re-Striping of Eight Lanes from Interstate-15 to Pechanga Parkway ..................................... .......75 Traffic Signal Installation -Citywide ...................................................................................................................... .......77 Traffic Signal Interconnect Equipment Installation ................................................................................................. .......79 Vail Ranch Park Improvements ............................................................................................................................... .....165 Vail Ranch Park Site D ............................................................................................................................................ .....167 Veteran's Memorial Pavers -Phase III ................................................................................................................... .....169 Western Bypass Bridget Over Murrieta Creek ........................................................................................................ .......81 Winchester Road,/Highway 79 North Corridor Beautification ................................................................................ .......83 Ynez Road and Overland Landscaping .................................................................................................................... .....171 202