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100912 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 II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET OCTOBER 9, 2012 – 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. – The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) 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 based on existing facts and circumstances a point has been reached where there is a significant exposure to litigation involving the City and the Successor Agency. 2) Conference with Legal Counsel— Existing Litigation. The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a) with respect to the following matter of pending litigation concerning the Liberty Quarry project to which the City is the Plaintiff /Petitioner: City of Temecula v. County of Riverside, et. al., Granite Construction Co. et. al., real party in interest, Riverside County Superior Court No. RIC 1211312. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. CALL TO ORDER: Mayor Chuck Washington Prelude Music: Geoff Ryle Invocation: Pastor Bob Branch of The Springs Community Church Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington 1 Next in Order: Ordinance: 12 -07 Resolution: 12 -71 PRESENTATIONS /PROCLAMATIONS Certificate of Appreciation to Natalie Harris Domestic Violence Awareness Month Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. 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, 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 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of September 25, 2012. 2 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12- 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 August 31, 2012 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of August 31, 2012. 5 Financial Statements for Fiscal Year Ended June 30, 2012 RECOMMENDATION: 5.1 Receive and file the Financial Statements for fiscal year ended June 30, 2012; 5.2 Approve an increase to the fiscal year 2011 -2012 General Fund sales tax revenue estimate by $733,892; 5.3 Approve an appropriation of $30,000 for operating transfers out in the Supplemental Law Enforcement Services Fund (SLESF) budget, and an increase of $30,000 of revenues in the SLESF. 6 Approve an expenditure with Zoll Medical Corporation RECOMMENDATION: 6.1 Approve the purchase of two manual defibrillators in the amount of $38,573.57; 6.2 Approve an annual expenditure of $70,000 with Zoll Medical Corporation for medical equipment and supplies. 7 Settlement Agreement with Temecula Marine Center, Inc. — Murrieta Creek Bridge and Overland Drive Extension, PVV00 -26 RECOMMENDATION: 7.1 Approve the Agreement entitled All- Inclusive Settlement Agreement and General Release between the City of Temecula and Michael and Christine Smith, individually and doing business as Temecula Marine Center, Inc.; 7.2 Authorize the Chief Financial Officer to issue a warrant for the sum of $128,745 to Temecula Marine Center, Inc. in the manner identified in the agreement; 3 7.3 Authorize the Chief Financial Officer to issue a warrant for the sum of $5,454 to Temecula Marine Center, Inc. if they vacate the subject property on or before October 31, 2012. 8 Acceptance of Improvements and Notice of Completion for the Community Recreation Center Roof Replacement, PW11 -06 RECOMMENDATION: 8.1 Accept the construction of the Community Recreation Center (CRC) Roof Replacement, PW11 -06, as complete; 8.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one -year Maintenance Bond in the amount of 10% of the contract amount; 8.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 9 Help Ride Bike and Music Festival RECOMMENDATION: 9.1 Approve the Sponsorship Agreement with All From the Heart in the amount of $2,000 for the Help Ride Bike and Music Festival. * * * * * *** * * * * * * *** * ** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY 4 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD CONSENT CALENDAR NOTICE TO THE PUBLIC 10 Action Minutes RECOMMENDATION: 10.1 Approve the action minutes of September 25, 2012. 11 Financial Statements for Fiscal Year Ended June 30, 2012 RECOMMENDATION: 5 Next in Order: Ordinance: No. CSD 12 -01 Resolution: No. CSD 12 -07 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 11.1 Receive and file the Financial Statements for the fiscal year ended June 30, 2012. 12 Old Town Temecula Outdoor Ice Skating Rink RECOMMENDATION: 12.1 Approve the Contractor Services Agreement with Ice - America for the holiday - season outdoor ice skating rink in the amount of $36,500; 12.2 Authorize the City Manager to approve additional work not to exceed the contingency amount of $3,650, which is equal to 10% of the total amount of the Agreement. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, October 23, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 6 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER: Chairperson Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington SARDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. SARDA 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 Successor Agency to the Temecula Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. 13 Minutes RECOMMENDATION: 13.1 Approve the action minutes of August 28, 2012. 14 Financial Statements for the Five Months Ended June 30, 2012 RECOMMENDATION: Next in Order: Ordinance: No. SARDA 12 -01 Resolution: No. SARDA 12 -14 14.1 Receive and file the Financial Statements for the Five Months Ended June 30, 2012. 7 SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT Next regular meeting: Tuesday, October 23, 2012, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 8 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. 15 Reaffirm and clarify the Bike Lane and Trail Program Map (at the request of Mayor Washington and Mayor Pro Tem Naggar). The project is Citywide and includes a phased completion of segments to fill in the gaps and connect the City's bike lanes and trails RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 12- CITY MANAGER REPORT CITY ATTORNEY REPORT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN IMPLEMENTATION PROGRAM TO REAFFIRM AND CLARIFY THE BIKE LANE AND TRAIL PROGRAM MAP, A CITYWIDE PROJECT THAT INCLUDES A PHASED COMPLETION OF SEGMENTS TO FILL IN THE GAPS AND CONNECT THE CITY'S BIKE LANES AND TRAILS (LONG RANGE PLANNING PROJECT NO. LR12 -0009) 9 ADJOURNMENT Next regular meeting: Tuesday, October 23, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NONCE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 10 PRESENTATIONS The City of Temecula Certificate of Appreciation The City Council of the City of Temecula commends the outstanding achievement of Natalie Harris for volunteering over 250 hours to Hospice of the Valleys. We appreciate Natalie 's truly unique leadership in starting a teen volunteer club at her high school to support hospice. Through her efforts, she encouraged and mentored hundreds of students in the Temecula andMurrieta Valley School Districts. Natalie exemplifies how one person can make a significant impact on the lives of an entire community. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this ninth day of October, 2012. I ■ The City of Temecula PROCLAMATION WHEREAS, domestic violence is a serious crime, and continues to be a prevalent social problem that transcends races, religion, ethnicity, and economic stature; and WHEREAS, domestic violence impacts the lives of families and future generations; and WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security, and sense of humanity due to the systematic use of physical, emotional, sexual, and psychological abuse; and WHEREAS, stopping the cycle of violence requires not only the strength and courage of survivors, but also the support and involvement of all members of the community; and WHEREAS, the City of Temecula has provided funding for domestic violence prevention programs, emergency needs, counseling, and other support services; and WHEREAS, since 1998, Safe Alternatives for Everyone has been committed to providing a comprehensive network of programs and services to domestic violence victims and their families, to break the cycle of violence in their lives and that of future generations. NOW, THEREFORE, I, Chuck Washington, on behalf of the City Council of the City of Temecula, hereby proclaim the month of October, 2012 to be "Domestic Violence Awareness Month" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this ninth day of October, 2012. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET SEPTEMBER 25, 2012 — 7:00 PM 6:00 P.M. — The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) 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 based on existing facts and circumstances a point has been reached where there is a significant exposure to litigation involving the City. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for completion of the acquisition of the real property commonly known as 27495 Enterprise Circle West, Temecula, California and identified as Assessor's Parcel Number 921 -480 -013 in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00 -26. The negotiating parties are the City of Temecula and Christine and Michael Smith dba Temecula Marine. The City's negotiators are Greg Butler and Amer Attar. Under negotiation are the price and terms. 3) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for completion of the acquisition of the real property commonly known as 27498 Enterprise Circle West, Temecula, California and identified as Assessor's Parcel Number 921 -480 -020 in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00 -26. The negotiating parties are the City of Temecula and Ruben Valloza dba Audio Evolution. The City's negotiators are Greg Butler and Amer Attar. Under negotiation are the price and terms. 4) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding the acquisition of the City of the YMCA building located at 29119 Margarita Road, Temecula 92591 on a portion of Margarita Park. The parties to the negotiations for the acquisition of this building are: YMCA of Riverside City and County and the City of Temecula. Negotiators for the City of Temecula are: Bob Johnson, Aaron Adams, and Tamra Irwin. Under negotiation are the price and terms for the acquisition of the building. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. 1 CALL TO ORDER: Mayor Chuck Washington Prelude Music: Leilani Kilgore Invocation: Pastor Luke Kirkendall of Southwest Christian Church Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS /PROCLAMATIONS Presentation by Darlene Welton, CEO of Universal Healthcare Systems Because Nice Matters Proclamation Certificate of Achievement to John Buckley for attaining the rank of Eagle Scout PUBLIC COMMENTS The following individuals addressed the City Council: • Don Durnil • Fred Bartz • Angela Woodend • Paul Jacobs CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved staff recommendation (4 -0 -1, Council Member Edwards absent) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote showed approval, with Council Member Edwards absent. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes— Approved staff recommendation (4 -0 -1, Council Member Edwards absent) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote showed approval, with Council Member Edwards absent. RECOMMENDATION: 2.1 Approve the action minutes of September 11, 2012. 2 3 List of Demands — Approved staff recommendation (4 -0 -1, Council Member Edwards absent) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote showed approval, with Council Member Edwards absent. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12 -68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Meeting Schedule for City Council Meetings for the month of December 2012 — Approved staff recommendation (4 -0 -1, Council Member Edwards absent) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote showed approval, with Council Member Edwards absent. RECOMMENDATION: 4.1 Direct the City Clerk to cancel the December 25, 2012 City Council Meeting and perform the appropriate postings and noticing requirements of the Government Code. 5 Review of City Conflict of Interest Code — Approved staff recommendation (4 -0 -1, Council Member Edwards absent) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote showed approval, with Council Member Edwards absent. RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 12 -69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE 6 Sponsorship Agreement for the Komen Inland Empire Race for the Cure — Approved staff recommendation (4 -0 -1, Council Member Edwards absent) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote showed approval, with Council Member Edwards absent. RECOMMENDATION: 6.1 Approve the Sponsorship Agreement for the Komen Inland Empire Race for the Cure in the amount of $13,771 for in -kind city support services, $10,865 for in- kind promotional services, and $22,500 in cash for the October 21, 2012 race. 3 7 Agreement for Consultant Services for the Citywide Pavement Rehabilitation Program for Fiscal Year 2012 -13, PVV12 -12 — Approved staff recommendation (4 -0 -1, Council Member Edwards absent) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote showed approval, with Council Member Edwards absent. RECOMMENDATION: 7.1 Approve the Agreement for Consultant Services with Hall & Foreman, Inc. in an amount not to exceed $220,570 for the development of rehabilitation strategies and the preparation of the Plans, Specifications, and Estimate for the Citywide Pavement Rehabilitation Program for Fiscal Year 2012 -13, PW12 -12; 7.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $22,057, which is equal to 10% of the agreement amount. 8 Purchase and Sale Agreements with the City of Murrieta for French Valley Parkway Interchange — PW02 -11 and PW07 -04 — Approved staff recommendation (4 -0 -1, Council Member Edwards absent) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote showed approval, with Council Member Edwards absent. RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 12 -70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING FIVE CERTAIN AGREEMENTS ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND THE CITY OF MURRIETA IN CONNECTION WITH THE FRENCH VALLEY PARKWAY /INTERSTATE 15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS — PROJECT NUMBERS PW02 -11 AND PW07 -04 8.2 Authorize the City Manager to approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, the approval and execution of all documents referenced in the Purchase and Sale Agreements and all escrow instructions; 8.3 Authorize the Chief Financial Officer to issue a warrant for the sum of $1,082,452 plus escrow fees for deposit with the Escrow Holder, Chicago Title, to complete the transaction. Escrow fees are estimated not to exceed $15,000. 4 RECONVENE TEMECULA CITY COUNCIL At 8:01 P.M., the City Council convened as the Temecula Community Services District. At 8:45 P.M., the City Council resumed with regular business. DEPARTMENTAL REPORTS 14 Planning Department Monthly Report 15 Economic Development Monthly Report 16 Police Department Monthly Report 17 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that there were no reportable actions. ADJOURNMENT At 8:46 P.M., the City Council meeting was formally adjourned to Tuesday, October 9, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 5 Chuck Washington, Mayor Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Wilson, Chief Financial Officer DATE: October 9, 2012 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- ATTACHMENTS: 1. Resolution 2. List of Demands Approvals City Attorney Chief Financial Officer City Manager 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. 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 $4,200,171.33. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of October, 2012. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Section 2. The City Clerk shall certify the adoption of this resolution. Chuck Washington, Mayor 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. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of October, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 09/13/2012 TOTAL CHECK RUN $ 1,541,509.64 09/20/2012 TOTAL CHECK RUN 2,213,746.11 09/13/2012 TOTAL PAYROLL RUN: 444,915.58 TOTAL LIST OF DEMANDS FOR 10/09/2012 COUNCIL MEETING: $ 4,200,17133 DISBURSEMENTS BY FUND: CITY OF TEMECULA LIST OF DEMANDS CHECKS: 001 GENERAL FUND $ 940,999.21 130 RECOVERY ACT JAG FUNDING (235.01) 140 COMMUNITY DEV BLOCK GRANT 3,514.24 165 SARDA AFFORDABLE HOUSING 10,142.92 170 MEASURE A FUND 21,277.80 190 TEMECULA COMMUNITY SERVICES DISTRICT 215,122.20 192 TCSD SERVICE LEVEL B 77,103.59 194 TCSD SERVICE LEVEL D 2,075.94 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 12,549.82 197 TEMECULA LIBRARY FUND 9,573.09 210 CAPITAL IMPROVEMENT PROJECTS FUND 2,171,553.79 300 INSURANCE FUND 4,429.37 320 INFORMATION TECHNOLOGY 90,523.24 330 SUPPORT SERVICES 11,514.40 340 FACILITIES 43,098.34 375 SUMMER YOUTH EMPLOYMENT PROGRAM 153.26 501 SERVICE LEVEL "C "ZONE 1 SADDLEWOOD 2,650.64 502 SERVICE LEVEL "C "ZONE 2 WINCHESTER CREEK 2,832.31 503 SERVICE LEVEL "C "ZONE 3 RANCHO HIGHLANDS 4,850.26 504 SERVICE LEVEL "C "ZONE 4 THE VINEYARDS 403.01 505 SERVICE LEVEL "C "ZONE 5 SIGNET SERIES 2,663.29 506 SERVICE LEVEL "C "ZONE 6 WOODCREST COUNTRY 1,476.56 507 SERVICE LEVEL "C "ZONE 7 RIDGEVIEW 1,128.65 508 SERVICE LEVEL "C "ZONE 8 VILLAGE GROVE 10,585.47 509 SERVICE LEVEL "C "ZONE 9 RANCHO SOLANA 105.93 510 SERVICE LEVEL "C "ZONE 10 MARTINIQUE 529.47 511 SERVICE LEVEL "C "ZONE 11 MEADOWVIEW 83.68 512 SERVICE LEVEL "C "ZONE 12 VINTAGE HILLS 6,465.98 513 SERVICE LEVEL "C "ZONE 13 PRESLEY DEVELOP. 5,399.73 514 SERVICE LEVEL "C "ZONE 14 MORRISON HOMES 868.28 515 SERVICE LEVEL "C "ZONE 15 BARCLAY ESTATES 963.07 516 SERVICE LEVEL "C "ZONE 16 TRADEWINDS 1,678.11 517 SERVICE LEVEL "C "ZONE 17 MONTE VISTA 106.52 518 SERVICE LEVEL "C "ZONE 18 TEMEKU HILLS 7,401.73 519 SERVICE LEVEL "C "ZONE 19 CHANTEMAR 4,554.66 520 SERVICE LEVEL "C "ZONE 20 CROWNE HILL 11,440.55 521 SERVICE LEVEL "C "ZONE 21 VAIL RANCH 25,791.24 522 SERVICE LEVEL "C "ZONE 22 SUTTON PLACE 335.59 523 SERVICE LEVEL "C "ZONE 23 PHEASENT RUN 853.64 524 SERVICE LEVEL "C "ZONE 24 HARVESTON 14,488.40 525 SERVICE LEVEL "C "ZONE 25 SERENA HILLS 3,426.54 526 SERVICE LEVEL "C "ZONE 26 GALLERYTRADITION 109.01 527 SERVICE LEVEL "C "ZONE 27 AVONDALE 602.77 528 SERVICE LEVEL "C "ZONE 28 WOLF CREEK 25,077.29 529 SERVICE LEVEL "C "ZONE 29 GALLERY PORTRAIT 223.59 700 CERBT CALIFORNIA EE RETIREE- GASB45 4,763.58 $ 3,755,255.75 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 281,019.84 140 COMMUNITY DEV BLOCK GRANT 1,506.33 165 SARDA AFFORDABLE HOUSING 7,030.93 190 TEMECULA COMMUNITY SERVICES DISTRICT 91,876.12 192 TCSD SERVICE LEVEL B 224.81 194 TCSD SERVICE LEVEL D 2,684.30 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 458.74 197 TEMECULA LIBRARY FUND 908.23 300 INSURANCE FUND 1,361.59 320 INFORMATION TECHNOLOGY 20,078.20 330 SUPPORT SERVICES 3,895.49 340 FACILITIES 9,532.64 375 SUMMER YOUTH EMPLOYMENT PROGRAM 647.09 501 SERVICE LEVEL "C "ZONE 1 SADDLEWOOD 86.63 502 SERVICE LEVEL "C "ZONE 2 WINCHESTER CREEK 58.04 503 SERVICE LEVEL "C "ZONE 3 RANCHO HIGHLANDS 68.98 504 SERVICE LEVEL "C "ZONE 4 THE VINEYARDS 12.58 505 SERVICE LEVEL "C "ZONE 5 SIGNET SERIES 139.77 506 SERVICE LEVEL "C "ZONE 6 WOODCREST COUNTRY 25.31 507 SERVICE LEVEL "C "ZONE 7 RIDGEVIEW 35.91 508 SERVICE LEVEL "C "ZONE 8 VILLAGE GROVE 237.33 509 SERVICE LEVEL "C "ZONE 9 RANCHO SOLANA 2.40 510 SERVICE LEVEL "C "ZONE 10 MARTINIQUE 10.77 511 SERVICE LEVEL "C "ZONE 11 MEADOWVIEW 7.28 512 SERVICE LEVEL "C "ZONE 12 VINTAGE HILLS 158.37 513 SERVICE LEVEL "C "ZONE 13 PRESLEY DEVELOP. 33.78 514 SERVICE LEVEL "C "ZONE 14 MORRISON HOMES 19.52 515 SERVICE LEVEL "C "ZONE 15 BARCLAY ESTATES 17.03 516 SERVICE LEVEL "C "ZONE 16 TRADEWINDS 39.47 517 SERVICE LEVEL "C "ZONE 17 MONTE VISTA 3.48 518 SERVICE LEVEL "C "ZONE 18 TEMEKU HILLS 146.70 519 SERVICE LEVEL "C "ZONE 19 CHANTEMAR 78.55 520 SERVICE LEVEL "C "ZONE 20 CROWNE HILL 212.87 521 SERVICE LEVEL "C "ZONE 21 VAIL RANCH 360.14 522 SERVICE LEVEL "C "ZONE 22 SUTTON PLACE 8.66 523 SERVICE LEVEL "C "ZONE 23 PHEASENT RUN 9.46 524 SERVICE LEVEL "C "ZONE 24 HARVESTON 202.52 525 SERVICE LEVEL "C "ZONE 25 SERENA HILLS 65.23 526 SERVICE LEVEL "C "ZONE 26 GALLERYTRADITION 2.98 527 SERVICE LEVEL "C "ZONE 27 AVONDALE 9.46 528 SERVICE LEVEL "C "ZONE 28 WOLF CREEK 298.58 529 SERVICE LEVEL "C "ZONE 29 GALLERY PORTRAIT 3.91 700 CERBT CALIFORNIA EE RETIREE- GASB45 21,335.56 444,915.58 TOTAL BY FUND: $ 4,200,17133 apChkLst Final Check List Page: 1 09/13/2012 3:03:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2002 09/13/2012 000245 PERS - HEALTH INSUR Blue Shield HMO Payment 0.00 PREMIUM Blue Shield HMO Payment 0.00 PERS Health Admin Cost Payment 87,969.53 87,969.53 2003 09/13/2012 000194 I C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 7,372.61 7,372.61 303355 2004 09/13/2012 000444 INSTATAX (EDD) State Disability Ins Payment 25,450.84 25,450.84 2005 09/13/2012 000283 INSTATAX (IRS) Federal Income Taxes Payment 90,438.98 90,438.98 2006 09/13/2012 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 15,154.83 15,154.83 SOLUTION 2007 09/13/2012 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 3,168.98 3,168.98 SOLUTION 2008 09/13/2012 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 143,863.38 143,863.38 RETIREMENT) 2009 09/13/2012 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 7,298.72 7,298.72 2010 09/13/2012 010349 CALIF DEPT OF CHILD Support Payment 1,176.34 1,176.34 SUPPORT 154132 09/13/2012 003552 AFLAC AFLAC Cancer Payment 3,108.70 3,108.70 154133 09/13/2012 015183 ACES FOUNDATION TCSD Instructor Eamings 399.00 399.00 154134 09/13/2012 014531 ALLEN EMBROIDERY SERVICE staff aprons: Ch Museum 405.14 405.14 154135 09/13/2012 004422 AMERICAN BATTERY batteries: Stn 84 91.82 91.82 CORPORATION 154136 09/13/2012 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 550.94 (AFN) DUI & drug screenings: Police 550.94 1,101.88 154137 09/13/2012 004431 AMERICAN PAYROLL regist:12GYE05C Jorgenson, Monica 405.00 405.00 INSTITUTE INC Pagel apChkLst Final Check List Page: 2 09/13/2012 3:03:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154138 09/13/2012 001323 ARROWHEAD WATER INC 154139 09/13/2012 008868 BANK OF SACRAMENTO 154140 09/13/2012 014293 BIBLIOTHECA ITG, LLC 154141 09/13/2012 004262 BIO -TOX LABORATORIES 154142 09/13/2012 014284 BLAKELY'S TRUCK SERVICE 154145 09/13/2012 004462 C D W GOVERNMENT INC Description Bottled wtr svcs: CHS Aquatics Bottled wtr svcs: Harveston Ctr Bottled wtr svcs: Fld Op Ctr Bottled wtr svcs: Theater Bottled wtr svcs: TV Museum Bottled wtr svcs: TCC Bottled wtr svcs: CRC Bottled wtr svcs: MPSC Bottled wtr svcs: CM Bottled wtr svcs: Ch Museum Bottled wtr svcs: Library Ret- escrow 2893- 165:pvmnt rehab /Marg equip repair /maint: library DUI & drug screenings: Police DUI & drug screenings: Police DUI & drug screenings: Police DUI & drug screenings: Police DUI & drug screenings: Police vehicle maint svcs: pw maint vehicle maint svcs: pw maint vehicle maint svcs: pw maint vehicle maint svcs: pw maint vehicle maint svcs: pw maint vehicle maint svcs: pw maint vehicle maint svcs: pw maint 154143 09/13/2012 008605 BONTERRA CONSULTING JUL ENVIRO CNSLT: MURR CREEK BRIDGE 154144 09/13/2012 000128 BROWN & BROWN INSURANCE HJUB9055L51212 WC 2/12 -2/13 misc tools /equip: info tech Amount Paid Check Total 116.30 32.30 151.26 36.29 22.94 28.31 126.72 126.60 45.94 32.30 68.22 787.18 27,470.70 27,470.70 19,303.20 19,303.20 926.58 847.60 1,428.00 1,272.78 664.40 156.53 140.53 127.16 96.00 255.58 509.86 182.81 2,900.10 WIRELESS ANTENNA: INFO TECH 1,124.91 Page2 5,139.36 1,468.47 2,900.10 80,914.00 80,914.00 1,077.15 2,202.06 apChkLst Final Check List Page: 3 09/13/2012 3:03:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154146 09/13/2012 003138 CAL MAT 154148 09/13/2012 004971 CANON FINANCIAL SERVICES, INC Description PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials 154147 09/13/2012 010939 CALIF DEPT OF INDUSTRIAL P02891 water slide inspection: CRC 380.17 529.61 461.21 265.68 532.55 903.58 886.48 495.42 402.03 902.10 72.39 298.39 85.03 264.94 150.85 481.29 504.33 318.65 829.97 25.00 SEPT COPIER LEASES: CIVIC CENTER 3,004.54 misc electrical supplies: Old Town misc electrical supplies: Library misc electrical supplies: Civic Ctr misc electrical supplies: parks misc electrical supplies: parks misc electrical supplies: parks 154154 09/13/2012 001923 CONVERSE CONSULTANTS Jul soils /material testing:pave rehab Amount Paid Check Total 406.65 436.39 90.94 58.19 24.24 11.58 Pages 8,764.67 25.00 Aug copier lease: Stn 84 182.55 Jul copier lease: Stn 84 182.55 3,369.64 154149 09/13/2012 014726 CHAPTER 13 STANDING SUPPORT PMT 182.77 182.77 TRUSTEE 154150 09/13/2012 000137 CHEVRON AND TEXACO City vehicles fuel: Police 271.52 271.52 154151 09/13/2012 004405 COMMUNITY HEALTH Community Health Charities Payment 51.00 51.00 CHARITIES 154152 09/13/2012 013286 CONNEXON TELECOM INC Aug Enterprise 911 Svc: IT 250.00 250.00 154153 09/13/2012 002945 CONSOLIDATED ELECTRICAL misc electrical supplies: Old Town 145.62 DIST. 1,173.61 5,220.00 5,220.00 apChkLst Final Check List Page: 4 09/13/2012 3:03:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 154155 09/13/2012 012937 CRITICAL INFORMATION NETWORK 154156 09/13/2012 012600 DAVID EVANS & ASSOCIATES INC 154157 09/13/2012 004192 DOWNS COMMERCIAL FUELING INC 154158 09/13/2012 015244 DUTY, MIKE 154159 09/13/2012 002390 EASTERN MUNICIPAL WATER DIST 154160 09/13/2012 003665 EXCEL COMMERCIAL 154161 09/13/2012 001056 EXCEL LANDSCAPE 154162 09/13/2012 000165 FEDERAL EXPRESS INC 154163 09/13/2012 003347 014583 006952 011368 FIRST BANKCARD CENTER PALUMBO'S RISTORANTE, LLC PAYPAL MCGRAW -HILL COMPANIES, TH E 000172 GASB 000175 GOVERNMENT FINANCE OFFICERS 154164 09/13/2012 002982 FRANCHISE TAX BOARD (Continued) Description mandatory training: fire dept Jul cnslt: Butterfield Stage Rd ext Fuel for City vehicles: Police Fuel for City vehicles: PW Maint Fuel for City vehicles: TCSD/Parks Fuel for City vehicles: Code Enf /Pln Fuel for City vehicles: PW Id /cip /npdes Fuel for City vehicles: PW Id /npdes Fuel for City vehicles: PW Traffic Fuel for City vehicles: B &S refund:sec dep:rm rental:TCC Aug meter:32131 So Loop rd LDSC Aug long distance phone svcs Jul landscape maint: north slopes Jul landscape maint: medians Jul landscape maint: Margarita Jul landscape maint: parks Jul landscape maint: parks /schools Jul landscape maint: south slopes Jul landscape maint: city facilities 7/11 -8/6 city express mail services GW meal:interview panel Patron Coord GW Verisign Payflow Pro Transaction GW online subscr enr.com:Graciano, R GW GASB user guide: SB &O GW webinar 8 /23:Schrader, Heidi SUPPORT PAYMENT 154165 09/13/2012 001937 GALLS INC uniform svcs: police volunteers Amount Paid 4,829.36 905.75 110.32 1,826.07 3,206.72 513.34 368.00 165.32 622.83 507.89 200.00 113.06 54.77 19,749.97 16,469.70 600.00 47,825.10 50,935.88 34,844.87 9,443.13 450.12 69.65 59.95 9.95 24.95 35.00 50.00 Check Total Page4 4,829.36 905.75 7,320.49 200.00 113.06 54.77 179,868.65 450.12 199.50 50.00 29.89 29.89 apChkLst Final Check List Page: 5 09/13/2012 3:03:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154166 09/13/2012 012066 GEOCON WEST, INC JUL GEOTECH SVCS:RORIPAUGH 2,837.50 2,837.50 RANCH IMP 154167 09/13/2012 005405 GILLILAND, ROBIN reimb: tv /dvd cart Harveston Ctr 300.33 300.33 154168 09/13/2012 014173 GOLDSTAR ASPHALT asphalt: city maint streets 1,745.55 1,745.55 PRODUCTS 154169 09/13/2012 003792 GRAINGER misc stage supplies: Theater 268.72 misc stage supplies: Theater 203.52 472.24 154170 09/13/2012 014059 GUZMAN, BEATRIZ refund: security deposit CRC 150.00 150.00 154171 09/13/2012 010210 HOME DEPOT SUPPLY INC, misc maint supplies: old town 228.05 228.05 TH E 154172 09/13/2012 002701 HUB INT'L INSURANCE Aug '12 special events premiums 1,824.04 1,824.04 SERVCS INC 154173 09/13/2012 013695 INLAND EMPIRE SHRED IT 8/13 doc shred svcs: CRC 15.00 8/13 doc shred svcs: Library 15.00 8/13 doc shred svcs: Civic Ctr 50.00 8/20 doc shred svcs: Police 15.00 7/16 doc shred svcs: Police 15.00 7/23 doc shred svcs: Police 15.00 8/13 doc shred svcs: Police 15.00 140.00 154174 09/13/2012 003296 INTL CODE COUNCIL 12/13 mb 0547650: Johnston, Rich 225.00 225.00 154175 09/13/2012 003296 INTL CODE COUNCIL 12/13 mb 0927009:Wgle, Elsa 225.00 225.00 154176 09/13/2012 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 140.00 140.00 154177 09/13/2012 003861 JAMS, INC. ADMIN HEARING SVCS: CODE ENF 2,262.50 2,262.50 154178 09/13/2012 003726 LIFE ASSIST INC medical supplies: paramedics 12.15 medical supplies: paramedics 356.04 medical supplies: paramedics 656.78 medical supplies: paramedics 81.00 medical supplies: paramedics 40.50 medical supplies: paramedics 677.17 medical supplies: paramedics 373.70 2,197.34 154179 09/13/2012 004141 MAINTEX INC cleaning supplies:mpscftcc /civic 761.36 761.36 Pages apChkLst Final Check List Page: 6 09/13/2012 3:03:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154180 09/13/2012 014184 MALCOLM SMITH motorveh repair & maint:pd 178.14 MOTORCYCLES, INC motorveh repair & maint:pd 2,000.18 2,178.32 154181 09/13/2012 000217 MARGARITA OFFICIALS ASSN Aug officiating srvcs:sports pgrm 6,408.00 6,408.00 154182 09/13/2012 003076 MET LIFE INSURANCE MetLife Dental Insurance Payment 7,093.10 7,093.10 COMPANY 154183 09/13/2012 009835 MIRACLE PLAYGROUND barbque grills: various parks 1,896.50 1,896.50 SALES INC 154184 09/13/2012 013965 MONOPRICE, INC. Misc supplies:info tech 255.52 255.52 154185 09/13/2012 002925 NAPA AUTO PARTS Auto parts & misc supp: Medics 122.11 misc auto parts & supplies:pw st maint 182.19 304.30 154186 09/13/2012 002139 NORTH COUNTY TIMES Aug legal advertising: City Clerk/Pln 282.96 Aug advertising: FIT pgrm finale 345.00 Aug advertising: Hot summer nights 961.89 154187 09/13/2012 006140 NORTH JEFFERSON BUSINESS OCT -DEC ASSN DUES XX20:F. VLY 676.82 PARK INTRCHG OCT -DEC ASSN DUES XX17:F. VLY INTR 498.15 OCT -DEC ASSN DUES XX16:F. VLY INTR 536.01 154188 09/13/2012 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:theater 66.57 DIV Misc office supplies:pw depts Misc office supplies:pw depts Business cards:g. zigler Misc office supplies:childrens museum Misc office supplies:theater Misc office supplies:childrens museum 27.91 17.23 36.29 107.06 20.74 14.97 154189 09/13/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 1,523.98 City Vehicle Maint Svcs:Parks 301.94 1,825.92 154190 09/13/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Street Maint 1,298.84 1,298.84 154191 09/13/2012 014682 OROZCO, BELEN Refund:Easy Yoga book 9.98 9.98 154192 09/13/2012 013910 PACIFIC RESTORATION Apr -Aug const:rrsp desilting basin 2,393.87 2,393.87 GROUP INC 154193 09/13/2012 015245 PENA, JAIME refund:sec dep:rm rental:TCC 400.00 400.00 154194 09/13/2012 001999 PITNEY BOWES 9/16 -12/15 postage for meter: Sta 84 92.93 92.93 Pages 1,589.85 1,710.98 290.77 apChkLst Final Check List Page: 7 09/13/2012 3:03:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154195 09/13/2012 010338 POOL & ELECTRICAL misc pool supplies: var sites 404.07 404.07 PRODUCTS INC 154196 09/13/2012 002354 POSITIVE PROMOTIONS INC Promo items: 5K/10K Fit Run Pgrm 9/9 858.50 858.50 154197 09/13/2012 005820 PRE -PAID LEGAL SERVICES PrePaid Legal Services Payment 221.25 221.25 INC 154198 09/13/2012 012904 PRO ACTIVE FIRE DESIGN Aug plan check consultant: Prevention 11,534.57 11,534.57 154199 09/13/2012 005075 PRUDENTIAL OVERALL AUG FLR MATS/TWL 949.71 SUPPLY RENTAL/UNIFORMS:CTY FAC Aug uniform srvcs: pw park maint 594.68 1,544.39 154200 09/13/2012 004457 R J NOBLE COMPANY Jul prgs pmt #2:pave rehab marg rd phll 521,943.08 521,943.08 154201 09/13/2012 002176 RANCHO CALIF BUS PK ASSOC Oct -Dec bus.park assn. dues:City Hall 1,273.98 Oct -Dec bus.park assn. dues:Diaz Rd 1,159.32 2,433.30 154202 09/13/2012 000947 RANCHO REPROGRAPHICS Reprographic srvcs:pave rehab 35.06 35.06 154203 09/13/2012 000907 RANCHO TEMECULA CAR Aug vehicle detailing srvcs:PW depts 31.50 31.50 WASH 154204 09/13/2012 011853 RANCON COMMERCE CNTR Oct -Dec bus.park assn. dues:Stn 73 546.32 546.32 PH2,3 &4 154205 09/13/2012 000271 RBF CONSULTING JUL ENGINEERING 1,975.00 1,975.00 C ON SU LTANT: D IAZ /D EN DY 154206 09/13/2012 003591 RENES COMMERCIAL Weed & trash abatement:City ROW 4,248.00 4,248.00 MANAGEMENT 154207 09/13/2012 010777 RIVERSIDE CO EXECUTIVE Aug -Sep animal shelter pmt 23,200.26 23,200.26 OFFICE 154208 09/13/2012 014579 ROADWAY ENGINEERING Release retention :library prkg expansion 23,015.96 23,015.96 154209 09/13/2012 015242 RODONDI, KATHLEEN A. release claims agreement pmt 1,261.54 1,261.54 154210 09/13/2012 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 633.66 633.66 154211 09/13/2012 008529 SHERIFFS CIVIL DIV - SUPPORT PAYMENT 100.00 100.00 CENTRAL Page:7 apChkLst Final Check List Page: 8 09/13/2012 3:03:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154212 09/13/2012 008529 SHERIFFS CIVIL DIV - CENTRAL 154213 09/13/2012 000645 SMART & FINAL INC 154214 09/13/2012 000537 SO CALIF EDISON 154215 09/13/2012 014783 SOFTRESOURCES, LLC 154216 09/13/2012 012652 SOUTHERN CALIFORNIA 154217 09/13/2012 005786 SPRINT 154221 09/13/2012 007762 STANDARD INSURANCE COMPANY 154222 09/13/2012 012723 STANDARD INSURANCE COMPANY 154223 09/13/2012 009811 SUNNY HILLS TOWING INC 154224 09/13/2012 001547 TEAMSTERS LOCAL 911 154225 09/13/2012 010276 TIME WARNER CABLE 154226 09/13/2012 000325 UNITED WAY Description SUPPORT PAYMENT Misc supplies:FIT 5K/10K run event 9/9 Theater Hospitality Supplies Aug 2 -02- 351 -5281: CRC Sep 2 -33- 777 - 1950:40135 Village Rd Aug 2 -20- 798- 3248:42081 Main St Aug 2 -25- 350 - 5119:45602 Redhawk Aug 2 -30- 608- 9384:28582 Harveston Aug 2 -10- 331 - 2153:28816 Pujol St Aug 2 -05- 791 - 8807:31587 Tem pkwy Aug 2 -29- 479 - 2981:31454 Tem pkwy TCi Aug 2 -29- 974 - 7899:26953 Ynez LS3 Aug 2 -31- 419 - 2659:26706 Ynez TCi Aug 2 -01- 202- 7603:various LS -1 Allnite Sep 2 -01- 202- 7330:various LS -1 Allnite Aug 2 -30- 066 - 2889:30051 Rancho vista Jul consultant srvcs:new permit sys Sep gen usage:0141,0839,2593,9306 Jul 26 -Aug 25 cellular usage /equip credit: billing adj xxx -9633 cell svc Mandatory Life Insurance Payment Voluntary Supp Life Insurance Payment vehicle towing srvcs:temecula police Union Dues Payment Sep high speed internet:32364 Overland Sep high speed internet:42081 Main St United Way Charities Payment 154227 09/13/2012 000325 UNITED WAY United Way Charities Payment Amount Paid Check Total 100.00 100.00 128.74 128.64 257.38 9,407.09 1,087.40 2,392.96 23.77 1,021.69 1,688.87 9,421.76 94.04 167.33 60.96 28,355.71 76,896.02 23.03 130,640.63 13,650.00 13,650.00 493.02 493.02 5,005.51 - 158.37 4,847.14 8,700.15 8,700.15 800.50 800.50 210.00 210.00 4,817.00 4,817.00 44.95 61.39 106.34 51.00 51.00 51.00 51.00 Pages apChkLst Final Check List Page: 9 09/13/2012 3:03:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154228 09/13/2012 004789 VERIZON Sep Internet svcs:Roripaugh Fire Stn 170.06 7/28 -8/27 Reg recovery fee: Library 0.08 Sep Internet svcs:SW DSL:PD:Jones, C. 39.95 Sep Internet svcs: Theater 134.99 345.08 154229 09/13/2012 004848 VERIZON SELECT SERVICES Aug long distance phone svcs 14.85 INC Aug long distance phone svcs 9.68 24.53 154230 09/13/2012 014628 ZHANG, WENPING Refund:renewal fee /closed bus lic 034185 35.00 35.00 999169 09/07/2012 015237 CASEMENT, DEBRA refund:Deep water aerobics 3940.203 20.00 20.00 999170 09/07/2012 015238 STRIKWERDA, HEATHER refund:Pommettes cheerleading 1585.203 46.00 46.00 999171 09/07/2012 015239 VERIZON WIRELESS refund:sec dep:rental:Conf Ctr NB 150.00 150.00 Grand total for UNION BANK OF CALIFORNIA: 1,541,509.64 Page9 apChkLst Final Check List Page: 10 09/13/2012 3:03:46PM CITY OF TEMECULA 108 checks in this report. Grand Total All Checks. 1,541,509.64 Pagel 0 apChkLst Final Check List Page: 1 09/20/2012 10:15:49AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 154231 09/20/2012 015031 ABOVE ALL NAMES Aug const: citywide concrete repairs 21,277.80 21,277.80 CONSTRUCTION 154232 09/20/2012 013367 ACTIVE MICRO INC misc tools /equip: pw traffic 239.28 239.28 154233 09/20/2012 008552 ADKINS DESIGN CONSULTING Aug graphic design svcs: theater 2,060.72 2,060.72 154234 09/20/2012 004802 ADLERHORST INTERNATIONAL Jul training: Astin /Rudy Police 283.34 INC Aug training: Astin /Rudy Police 283.34 training products: Police K -9s 563.52 1,130.20 154235 09/20/2012 015217 AIRGAS, INC. Victor Regulator: Stn 73 Truck 365.98 365.98 154236 09/20/2012 004432 ALBERTSONS GROCERY refreshments:high hopes anniversary STORE 154237 09/20/2012 006915 ALLIES PARTY EQUIPMENT equip rental: hot summer nights equip rental: hot summer nights equip rental: hot summer nights equip rental: hot summer nights 154238 09/20/2012 012943 ALPHA MECHANICAL SERVICE hvac maint: MPSC INC hvac maint: TCC hvac maint: TCC hvac maint: PBSP hvac maint: Ch Museum hvac maint: Theater hvac maint: Library hvac maint: TV Museum hvac maint: CRC hvac maint: Fld Op Ctr hvac maint: Harveston hvac maint: Stn 73 hvac maint: Stn 92 154239 09/20/2012 015267 AMCAL PUJOL FUND L.P. refund:dep:portola terr apts:TRU 5038 154240 09/20/2012 004240 AMERICAN FORENSIC NURSES Oct Stand By Fee: Police (AFN) 154241 09/20/2012 000936 AMERICAN RED CROSS staff training: aquatics pgrm intro to water skills: aquatics 89.94 89.94 131.37 354.79 194.93 237.30 235.00 120.00 97.00 133.00 201.00 299.50 729.00 150.00 800.00 283.00 72.00 58.00 292.00 3,469.50 42,081.05 42,081.05 1,248.00 1,248.00 526.00 1.00 527.00 Pagel 918.39 apChkLst Final Check List Page: 2 09/20/2012 10:15:49AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154242 09/20/2012 001323 ARROWHEAD WATER INC Bottled wtr svcs: Skate Park 6.45 Bottled wtr svcs: PBSP 35.54 Bottled wtr svcs: CHS Aquatics 6.45 Bottled wtr svcs: TES pool 6.45 54.89 154243 09/20/2012 011961 AT &T MOBILITY Aug Trip wire:Graffiti:Police 129.82 129.82 154244 09/20/2012 015264 BAKER, BRUCE B., DMD APDC refund:eng grad dep:LD11 -045GR 56,060.00 56,060.00 154245 09/20/2012 015262 BROOKS, MARK reimb: (4) tool bags rescue equip 107.70 107.70 154246 09/20/2012 006908 C C & COMPANY INC entertainment: summer day camp 950.00 950.00 154247 09/20/2012 001035 C R & R INC 9/1 trash /recycle hauling: PW CIP 256.74 256.74 154248 09/20/2012 003138 CAL MAT PW patch truck materials 786.11 PW patch truck materials 892.43 1,678.54 154249 09/20/2012 001054 CALIF BUILDING OFFICIALS '12 Calbo training: Code Enf 675.00 12 Calbo training: B &S 945.00 1,620.00 154250 09/20/2012 014273 CALIFORNIA PROPERTY Jul relocation svcs: PW CIP 5,400.00 Jul relocation svcs: PW CIP 2,861.25 8,261.25 154251 09/20/2012 009640 CERTIFION CORPORATION Aug web subscr: Police 150.00 150.00 154252 09/20/2012 000137 CHEVRON AND TEXACO City vehicles fuel: Police 1,964.08 1,964.08 154253 09/20/2012 005708 CLEAR CHANNEL advertising: hot summer nights 1,060.00 BROADCASTING INC advertising: hot summer nights 800.00 1,860.00 154254 09/20/2012 015090 CLEARWATER SYSTEMS hvac maint: civic ctr 550.00 CORP hvac maint: civic ctr 550.00 1,100.00 154255 09/20/2012 000442 COMPUTER ALERT SYSTEMS door strike alarm install: theater 452.13 smoke detector repair: city clerk vault 915.20 alarm panel reprogram: pbsp 75.00 elevator alarm test svcs: civic ctr 300.00 Sept -Dec alarm monitoring:citywide 5,325.00 7,067.33 154256 09/20/2012 014663 CONTROL TECH WEST, INC. ped crossing warning devices:pw 1,810.20 1,810.20 154257 09/20/2012 014279 COPPERHEAD CONSULTANTS, refreshments: mpsc ann iv event LLC 267.00 267.00 Page2 apChkLst 09/20/2012 10:15:49AM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 154258 09/20/2012 001264 COSTCO WHOLESALE 154259 09/20/2012 013379 COUSSOU, CELINE 154260 09/20/2012 010650 CRAFTSMEN PLUMBING & HVAC INC 154261 09/20/2012 008810 CROSSTOWN ELECTRICAL & DATA 154262 09/20/2012 002990 DAVID TURCH & ASSOCIATES 154263 09/20/2012 008943 DEPT OF GENERAL SERVICES (DGS) 154264 09/20/2012 003945 DIAMOND ENVIRONMENTAL SRVCS 154265 09/20/2012 004068 ECALDRE MANALILI -DE VILLA, AILEEN 154266 09/20/2012 014419 ELLIOTT, MICHAEL G. 154267 09/20/2012 004829 ELLISON WILSON ADVOCACY LLC 154268 09/20/2012 005115 ENTERPRISE RENTA CAR INC 154269 09/20/2012 011203 ENVIRONMENTAL CLEANING Final Check List CITY OF TEMECULA (Continued) Description misc supplies: youth services pgrm TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings repair /replace decorative rocks:crc plumbing svcs: library plumbing svcs: crc plumbing svcs: old town plumbing repairs: Stn 92 equip repair /maint: PW Traffic Jul-Aug '12 legislative cnslt: CM ALJ filing fee: 2012070773 Sept restroom svc: GOHS Sept restroom svc: Vail Ranch Park Sept restroom svc: Riverton Park Sept restroom svc: Long Cyn Park TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings AUG LANDSCAPE INSP: RORIPAUGH RANCH AUG LANDSCAPE INSP: RORIPAUGH RA Sept legislative cnslt: CM transportation: teen day camp Aug janitorial svcs: park facilities Amount Paid 239.57 196.00 252.00 112.00 126.00 3,100.00 205.88 155.00 780.00 253.50 600.00 7,000.00 80.00 52.78 52.78 52.78 52.78 420.00 350.00 266.00 98.00 211.75 252.00 112.00 318.50 1,050.00 2,100.00 3,500.00 121.76 Page: 3 Check Total Pages 239.57 686.00 4,494.38 600.00 7,000.00 80.00 211.12 2,028.25 3,150.00 3,500.00 121.76 5,265.00 5,265.00 apChkLst Final Check List Page: 4 09/20/2012 10:15:49AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 154270 09/20/2012 015230 ESCALANTE, VIVIANA refund:sec dep:rm rental:TCC 154271 09/20/2012 001056 EXCEL LANDSCAPE 154272 09/20/2012 009953 FEDERAL CLEANING Sept janitorial svc: PD Mall Office CONTRACTORS 154273 09/20/2012 003347 FIRST BANKCARD CENTER 015162 ULTRASTAR CINEMAS 015162 ULTRASTAR CINEMAS 015251 VAGABOND INN 006138 SWAN HOTEL ASSOCIATES 006138 SWAN HOTEL ASSOCIATES 015251 VAGABOND INN 154274 09/20/2012 014819 FLATIRON WEST, INC. Aug landscape maint:city facilities Aug landscape maint: medians Aug landscape maint: Margarita Aug landscape maint: parks Aug landscape maint: parks Aug landscape maint: north slopes Aug landscape maint: south slopes GY movie tickets:summer day camp 682.00 GY movie tickets:summer day camp 620.00 GY htl:K9 tm Los Banos Cramer 254.10 GY htl:refund chg Orlando Scanlon - 125.38 GY htl:refund chg Orlando Bowers - 109.63 GY htl:K9 tm Los Banos Staat 254.10 Aug const:french valley pkwy 1,117,843.03 Amount Paid Check Total 250.00 250.00 9,443.13 16,469.70 600.00 47,825.10 50,935.88 19,749.97 34,844.87 179,868.65 751.50 751.50 1,117,843.03 154275 09/20/2012 003281 FOREMOST PROMOTIONS PROMO ITEMS: POLICE 525.12 promo items: police 397.25 922.37 154276 09/20/2012 009097 FULL COMPASS SYSTEMS Sound /Lighting Supplies: Theater 230.41 230.41 154277 09/20/2012 007866 G C S SUPPLIES INC TONER /CARTRIDGES: INFO TECH 400.94 400.94 154278 09/20/2012 010326 G E MOBILE WATER, INC Aug osmosis washer exchg:Stn 73 127.15 127.15 154279 09/20/2012 001937 GALLS INC Uniforms: Police Volunteers 7.54 7.54 154280 09/20/2012 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc (2) 9/15 668.25 668.25 Page4 1,575.19 apChkLst Final Check List Page: 5 09/20/2012 10:15:49AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154282 09/20/2012 003792 GRAINGER 154283 09/20/2012 013107 GRANT, GLENN 154284 09/20/2012 014402 GROEPPER, BROOKE ELIZABETH 154285 09/20/2012 000186 HANKS HARDWARE INC Description 154281 09/20/2012 000177 GLENNIES OFFICE PRODUCTS Office supplies: Finance INC Office Supplies: CM Office Supplies: HR Office supplies: PW Office Supplies: Fire OFFICE SUPPLIES: B &S Office Supplies: Planning Office Supplies: Eco Dev Office Supplies: CRC Office Supplies: TCSD Office Supplies: TV Museum Office Supplies: MPSC TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Hardware supplies: CRC /Rec Hardware supplies: MPSC Hardware supplies: CRC/Theater Hardware supplies: CH Museum Hardware supplies: TV Museum Hardware supplies: TCC Hardware supplies: Civic Ctr /garage Hardware supplies: PW Maint Hardware supplies: Parks Hardware supplies: Parks Hardware supplies: Harveston Ctr Hardware supplies: Library Hardware supplies: Old Town Hardware supplies: Aquatics Hardware supplies: PW Traffic Hardware supplies: B &S Hardware supplies: Fire Hardware supplies: TCSD 154286 09/20/2012 002109 HD SUPPLY CONSTR. SUPPLY MISC MAINT SUPPLIES: PW MAINT LTD Amount Paid 223.15 187.67 18.99 204.88 255.48 112.04 16.13 147.28 62.58 152.28 353.91 20.27 Misc Stage Supplies: Theater 147.35 Misc Stage Supplies: Theater 67.42 fire extinguisher cabinets: CRC 166.45 water fountain pump: civic center 1,138.49 water fountain pumps: civic center 2,276.98 advertising: hot summer nights 700.00 TCSD instructor earnings 1,747.20 1,092.00 2,620.80 1,114.75 569.66 22.34 128.93 38.14 52.17 33.98 271.95 290.44 1,154.57 64.64 8.08 348.93 86.15 83.07 74.16 7.53 148.79 435.20 Check Total 104.35 104.35 Pages 1,754.66 3,796.69 700.00 6,574.75 3,818.73 apChkLst Final Check List Page: 6 09/20/2012 10:15:49AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154287 09/20/2012 001135 HEALTH POINTE MEDICAL emp industrial care svcs: HR 85.00 GROUP INC emp industrial care svcs: HR 85.00 170.00 154288 09/20/2012 013749 HELIXSTORM INC. infrastructure support data ctrAibrary 3,325.00 3,325.00 154289 09/20/2012 010210 HOME DEPOT SUPPLY INC, misc maint supplies: old town 7342 TH E misc maint supplies: Theater 128.03 201.45 154290 09/20/2012 011049 HOSPICE OF THE VALLEY community service funding 12/13 1,000.00 1,000.00 154291 09/20/2012 014797 HUANG, JANICE K. ID Badge Stock: TCC 114.86 114.86 154292 09/20/2012 015089 IN THE MIX SOUND sound system svcs: theater 1,090.00 1,090.00 154293 09/20/2012 006914 INNOVATIVE DOCUMENT Aug copier maint /usage:library 657.38 SOLUTIONS Aug copier maint /usage:citywide 4,509.22 5,166.60 154294 09/20/2012 003296 INTL CODE COUNCIL '12 ICC publication: B &S 88.39 88.39 154295 09/20/2012 003266 IRON MOUNTAIN OFFSITE Aug offsite media storage: Records 497.71 497.71 154296 09/20/2012 015236 JUAN POLLO #24 refreshments:high hopes anniversary 635.69 635.69 154297 09/20/2012 003046 K F R 0 G 95.1 FM RADIO advertising: hot summer nights 240.00 advertising: hot summer nights 1,240.00 1,480.00 154298 09/20/2012 000820 K R W & ASSOCIATES Aug eng pinck svcs: pw land dev 4,070.00 4,070.00 154299 09/20/2012 001282 KNORR SYSTEMS INC annual pool rehab supplies: crc pool 3,382.73 swimming pool cover: crc pool 8,208.21 11,590.94 154300 09/20/2012 007188 LAERDAL MEDICAL CORP. CPR program supplies: Paramedics 281.17 281.17 154301 09/20/2012 012065 LANCE, SOLL & LUNGHARD '12 SINGLE AUDIT: FINANCE 1,953.00 1,953.00 LLC 154302 09/20/2012 011022 LATITUDE GEOGRAPH ICS Geocortex Essentials Software: IT 11,100.00 11,100.00 GROUP LTD 154303 09/20/2012 004412 LEANDER, KERRY D. TCSD instructor earnings 630.00 630.00 Pages apChkLst Final Check List Page: 7 09/20/2012 10:15:49AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154304 09/20/2012 004905 LIEBERT, CASSIDY& (12) LCW training workbooks: HR 872.78 872.78 WHITMORE 154305 09/20/2012 003726 LIFE ASSIST INC medical supplies: Paramedics 267.06 medical supplies: Paramedics 40.50 medical supplies: Paramedics 344.20 medical supplies: Paramedics 112.31 764.07 154306 09/20/2012 015252 LIU, GUO refund:Bright scholars 6000.202 403.00 refund:Bear cub univ 4015.202 117.00 520.00 154307 09/20/2012 015258 LOMAX, RICHARD refund:VICR fee:Receipt #009410 124.00 124.00 154308 09/20/2012 014228 LSK, LLC Oct lease pmt: harveston center 4,853.88 4,853.88 154309 09/20/2012 003782 MAIN STREET SIGNS lake rule signs: harveston lake park 387.90 387.90 154310 09/20/2012 009541 MEYER AND ASSOCIATES Aug theater remediation:PW CIP 27,060.00 27,060.00 154311 09/20/2012 012580 MINUTEMAN PRESS Printed envelopes:business license 656.07 656.07 154312 09/20/2012 001892 MOBILE MODULAR 9/9 -10/8 OATC lease agreement: Fire 614.18 614.18 154313 09/20/2012 005887 MOFFATT & NICHOL 7/29 -8/25 eng /const srvcs:french vly 6,475.50 6,475.50 ENGINEERS 154314 09/20/2012 013913 MURRIETA VALLEY CHURCH Mar-Jul '11 Worship © the Merc- sec dpst 80.75 80.75 154315 09/20/2012 000727 NATIONAL FIRE PROTECTION 12/1/12- 11/30/13 mbrshp:E.W. 2508570 165.00 165.00 ASSN 154316 09/20/2012 003964 OFFICE DEPOT BUSINESS SVS Business cards:M.Ching /J.Sourisseau 49.37 DIV Business cards:K. Kodani 36.29 Misc office supplies:Old Town PD Ofc 107.74 Misc office supplies:Old Town PD Ofc 252.35 Misc office supplies:Police Mall Ofc 230.69 Misc office supplies:PW Traffic 30.22 BUSINESS CARDS:S. JONES /G. FLORES 240.84 Business cards:L.Kelly- Lehner 121.01 Business cards:G. Yates & B. Lowrey 204.55 1,273.06 154317 09/20/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair /Maint Svcs:TCSD 553.95 553.95 Page:7 apChkLst 09/20/2012 10:15:49AM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 154318 09/20/2012 007042 ORANGE CO SHERIFFS DEPT 154319 09/20/2012 013381 PEREZ, AARON TROY 154320 09/20/2012 010320 PETCO ANIMAL SUPPLIES INC 154321 09/20/2012 000249 PETTY CASH 154322 09/20/2012 010338 POOL & ELECTRICAL PRODUCTS INC 154323 09/20/2012 011751 PUAHI'S POLYNESIAN DANCERS INC 154324 09/20/2012 002176 RANCHO CALIF BUS PK ASSOC 154325 09/20/2012 002072 RANCHO CALIF WATER DIST -FEES 154326 09/20/2012 000262 RANCHO CALIF WATER DISTRICT 154327 09/20/2012 015241 RECCHIA, KRISTINE 154328 09/20/2012 015265 RICHMOND AMERICAN HOMES 154329 09/20/2012 000268 RIVERSIDE CO HABITAT 154330 09/20/2012 001365 RIVERSIDE COUNTY OF 154331 09/20/2012 014593 RKR MARKETING & ADVERTISING 154332 09/20/2012 015214 ROBIN'S NEST DESSERTS Final Check List CITY OF TEMECULA (Continued) Description Narcotics Invest. 10/13 -14 J.Daughters TCSD Instructor Eamings TCSD Instructor Eamings Police K -9 food and supplies Petty Cash Reimbursement misc pool supplies: var city sites misc pool supplies: var city sites Entertainment:high hopes luau event 8/17 Oct -Dec bus.park assn. dues:FOC RCWD REIMB 7:MADISON AVE TRANSMISSION Aug var water meters: Fire Stns Aug var water meters:TCSD & PW Aug var water meters:PW Aug var water meters:PW Aug water meter- commr:28640 Pujol St Aug var water meters:TCSD Fac Aug var water meters:PW Aug var water meters:TCSD svc lev C Aug HR consulting srvcs:admin srvcs refund:eng grad dep:LD10 -037GR Aug '12 K -Rat payment renew permit:CRC Advertising:history museum Refreshments:mpsc anniv event Amount Paid 130.00 315.00 283.50 43.70 592.72 408.68 188.57 150.00 1,051.03 392,692.00 860.42 1,489.45 150.31 123.61 10.05 4,252.31 1,392.93 65,838.71 10,000.00 8,000.00 440.00 674.00 695.00 Page: 8 Check Total 130.00 598.50 43.70 592.72 597.25 150.00 1,051.03 392,692.00 74,117.79 10,000.00 Pages 8,000.00 440.00 674.00 695.00 480.00 480.00 apChkLst Final Check List Page: 9 09/20/2012 10:15:49AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154333 09/20/2012 000277 S & S ARTS & CRAFTS INC 154334 09/20/2012 015253 SANTIAGO, ALISHA 154335 09/20/2012 011511 SCUBA CENTER TEMECULA TCSD Instructor Eamings TCSD Instructor Eamings 154336 09/20/2012 009568 SEW WHAT? INC. Misc Stage Supplies: Theater 154337 09/20/2012 009213 SHERRY BERRY MUSIC 154340 09/20/2012 000537 SO CALIF EDISON 154341 09/20/2012 014783 SOFTRESOURCES, LLC 154342 09/20/2012 015256 SOTELO, ARTURO 154343 09/20/2012 000519 SOUTH COUNTY PEST CONTROL INC 154344 09/20/2012 006145 STENO SOLUTIONS TRANSCRIPTION 154345 09/20/2012 015257 SUKSUNPANTEP, MATEE 154346 09/20/2012 015240 TACAZA, INC. Description Misc supplies: crc Misc supplies: special events refund:Tossettes - Baton 1575.203 Jazz © the Merc 9/13/12 Jazz © the Merc 9/6/12 154338 09/20/2012 009746 SIGNS BY TOMORROW Public notice posting xx- 0032:PIanning Public notice posting xx- 0130:PIanning 154339 09/20/2012 000645 SMART & FINAL INC Misc supplies:9 /11 Remembrance Misc supplies:Emp Recognition Pgrm Aug 2 -27 -560- 0625:32380 Deerhollow Aug 2 -30- 296 - 9522:31035 Rancho vista Aug 2 -00- 397- 5059:Comm Svc Utl Aug 2 -29- 974 - 7568:26953 Ynez TCi Aug 2 -31- 693 - 9784:26036 Ynez TCi Aug 2 -33- 237 - 4818:30499 Rancho Cal Aug 2 -26 -887- 0789:28757 Harveston Aug 2 -28- 171 - 2620:40820 Winchester Aug consultant srvcs:new permit sys partial refund:sec dep:rm rental:TCC Pest control srvcs:Various Parks Amount Paid Check Total 194.27 160.49 354.76 57.00 57.00 28.00 756.00 784.00 1,181.34 1,181.34 577.00 388.50 965.50 148.10 296.20 563.91 105.92 3,099.81 305.14 7,132.27 118.65 433.18 86.21 2,300.13 1,355.04 14,830.43 7,270.28 7,270.28 100.00 100.00 493.00 Pest control srvcs:Harv. Community Cntr 64.00 Pest control srvcs:Stn 84 80.00 Aug pest control srvcs:City fac's 748.00 1,385.00 Aug transcription srvcs:Police 420.98 420.98 refu n d:h earin g dep:massage appeal 1,481.25 1,481.25 Refreshments & supplies:College Fair 2,155.00 2,155.00 Page9 444.30 669.83 apChkLst Final Check List Page: 10 09/20/2012 10:15:49AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 154347 09/20/2012 000305 TARGET BANK BUS CARD MISC SUPPLIES:CHILDREN'S MUSEUM 76.51 SRVCS Check Total Misc supplies:mpsc 53.11 Misc supplies:special events 32.88 Misc supplies:aquatics pgrm 29.20 Misc supplies:harveston center 108.16 299.86 154348 09/20/2012 012265 TEMECULA ACE HARDWARE Misc hardware supplies: Sta 92 18.30 18.30 C/O 154349 09/20/2012 010679 TEMECULA AUTO Vehicle maint & repair: Sta 84 406.29 406.29 REPAIR /RADIATOR 154350 09/20/2012 000168 TEMECULA FLOWER CORRAL Sunshine Fund 157.19 157.19 154351 09/20/2012 003677 TEMECULA MOTORSPORTS Veh repair &maint:police 50.20 LLC Veh repair & maint:police Veh repair & maint:police Veh repair & maint:police 325.03 260.52 159.78 795.53 154352 09/20/2012 011736 TEMECULA TROPHY INC 3 3x5 plates:City fac's 75.43 Nameplates:Planning Dept 43.64 Recognition awards:FIT 5K/10K run 425.94 Recognition awards:Foreman 161.63 706.64 154353 09/20/2012 015266 TEMECULA VALLEY refund:eng grad dep:LD10 -053GR 50,000.00 50,000.00 CONGREGATION 154354 09/20/2012 004274 TEMECULA VALLEY SECURITY locksmith services:Harveston Center 27.00 27.00 CENTR 154355 09/20/2012 007766 UNDERGROUND SERVICE Aug undrgrnd svcs alert tickets:PW 193.50 193.50 ALERT 154356 09/20/2012 012549 U PODIUM Veh repair & maint:Sta 73 88.70 Veh repair & maint:Sta 73 7.75 96.45 154357 09/20/2012 000854 URBAN LAND INSTITUTE FY12/13 agency membership dues 225.00 225.00 154358 09/20/2012 014850 VALLEY PRINTING SERVICES, printed flyers: choose temecula 267.78 267.78 INC. 154359 09/20/2012 014848 VALUTEC CARD SOLUTIONS, ShoWare gift card service: Theater 39.16 39.16 LLC 154360 09/20/2012 004789 VERIZON Sep Internet svcs:Civic Center 269.99 Sep Internet svcs:Library 0.16 270.15 Page:10 apChkLst Final Check List Page: 11 09/20/2012 10:15:49AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154361 09/20/2012 012292 VIAMEDIA INC AUG ADVERTISING: HOT SUMMER 1,880.00 1,880.00 NIGHTS 154362 09/20/2012 015254 VILLEGAS, ELIAS refund:sec dep:rm rental:CRC 150.00 150.00 154363 09/20/2012 011443 WESCO DISTRIBUTION, INC. LED lights:history & childrens museums 581.85 LED lights:history & childrens museums 4,509.34 5,091.19 154364 09/20/2012 003730 WEST COAST ARBORISTS INC tree trim & maint srvcs: pw street maint 304.00 304.00 154365 09/20/2012 012144 WILD WONDERS, INC Entertainment:family fun night pgrm 9/21 375.00 375.00 154366 09/20/2012 014781 WILLIAMS ARCHITECTS, INC. SEPT DESIGN SRVCS: TCC 18,900.00 18,900.00 RENOVATION 154367 09/20/2012 009512 WUR MS JANITORIAL Sep janitorial srvcs:pd civic center 242.25 SERVICES, INC SEPT JANITORIAL SRVCS: CITY FACILIT 18,999.51 19,241.76 154368 09/20/2012 015255 ZUNIGA, YVETTE refund:sec dep:rm rental:Harveston 200.00 200.00 999172 09/17/2012 015246 CAMINA, CHRISTINE refund:sec dep:rm rental:Harveston 200.00 200.00 999173 09/17/2012 015247 FAMOUS DAVE'S refund:sec dep:rental:Conf Ctr NB 100.00 100.00 999174 09/17/2012 015248 PARKS, CASSANDRA refund:Flip flop & hop 1790.202 52.00 52.00 999175 09/17/2012 015249 RAMOS, SHERIKAJEWEYA refund:Hawaiian tahitian dance 1204.203 40.00 40.00 999176 09/17/2012 015250 WILKEN, CHRISTINE refund:Yes you can paint 1035.202 36.00 36.00 Grand total for UNION BANK OF CALIFORNIA: 2,213,746.11 Pagel 1 apChkLst Final Check List Page: 12 09/20/2012 10:15:49AM CITY OF TEMECULA 143 checks in this report. Grand Total All Checks. 2,213,746.11 Page:12 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Wilson, Chief Financial Officer DATE: October 9, 2012 SUBJECT: City Treasurer's Report as of August 31, 2012 PREPARED BY: Rudy J. Graciano, Revenue Manager Approvals Mf-- City Attorney Chief Financial Officer N" City Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of August 31, 2012. 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 August 31, 2012. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of August 31, 2012 Investments Investments Managed Pool Accounts Retention Escrow Account Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Cash and Accrued Interest Passbook/Checking (not included in yield calculations) Accrued Interest at Purchase Subtotal Total Cash and Investments Total Earnings Reporting period 08 /01/2012- 08/31/2012 Run Date: 09+28/2012 -12:29 1,790,977.23 170,888,897.97 City of Temecula, California Portfolio Management Portfolio Summary August 31, 2012 Par Market Book % of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. 105,201,158.35 105,201,158.35 105,201,158.35 62.21 1 1 0.108 0.109 6,471,741.19 6,471,741.19 6,471,741.19 3.83 1 1 0.000 0.000 1.00 1.00 1.00 0.00 1 1 0.000 0.000 28,425,020.20 28,459,688.58 n,425,020.20 16.81 1 1 0.372 0.377 10,000,000.00 10,132,570.00 10,000,000.00 5.91 1 ,699 986 2.071 2.100 19,000,000.00 19,199,120.00 18,996,770.00 11.23 1,235 772 1.059 1.074 169,097,920.74 169, 464,279.12 169,094,690.74 100.00% 240 146 0.371 0.376 1,790,977.23 1,145.83 1,792,1 23.06 August 31 Month Ending Fiscal Year To Date Current Year 64,056.76 125,019.25 Average Daily Balance 178,861,648.25 160,589,312.69 Effective Rate of Return 0.42% 0.46% 1,790,977.23 1,145.83 1,792,123.06 City of Temecula 41000 Main Street P.C. BoX 9033 Temecula, CA, 92590 (951)694 -6430 1 1 0.000 0.000 171,256,402.18 170,886,813.80 240 146 0.371 0.376 Portfolio TEME CP PM (PRF_PM1) SymRept6.42 Report Ver. 5.00 CUSIP Run Date: 09/26/2012 - 12:29 City of Temecula, California Portfolio Management Portfolio Details - Investments August 31, 2012 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 6003 -2 CITY COP RE2 ASSURED GUARANTY 0.00 0.00 0.00 1.000 0.986 1.000 1 104348008 -1 01 -2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006 -4 01 -2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016 -3 01 -2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000 -4 01 -2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911 -2 03 -1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03 -1 BON D3 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03 -1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916 -2 03 -1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900 -4 03 -1 SPTAX1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011 -2 03 -2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009 -2 03 -2 EMW D 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007 -2 03 -2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016 -4 03 -2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010 -2 03 -2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006 -2 03 -2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000 -3 03 -2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011 -2 03 -3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002 -2 03 -3 BOND 2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 744727007 -2 03 -3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03 -3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006 -3 03 -3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000 -4 03 -3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001 -2 03 -4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005 -1 03 -4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000 -1 03 -4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006 -2 03 -4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002 -2 03 -6 BON D2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 786776007 -2 03 -6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006 -2 03 -6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000 -3 03 -6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510 -2 88 -12 BON D2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518 -4 88 -12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 1 2221 6003 -4 CITY COP RE4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 1 2221 600 0 -2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160 -1 RDA 02 INT1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94 43 41 61 -2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments August 31, 2012 Managed Pool Accounts 107886008 -2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886000 -2 RDA 06A INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886018 -3 RDA 06B CIP3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886010 -2 RDA 06B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107686016 -2 RDA 06B RES2 First American Treasury 202,123.16 202,123.16 202,123.16 0.020 0.020 0.020 1 107886030 -2 RDA 07 CAPI2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886027 -2 RDA 07 ESC2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886020 -2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886028 -2 RDA 07 PROJ2 First American Treasury 209,637.33 209,637.33 209,637.33 0.020 0.020 0.020 1 107886026 -2 RDA 07RES2 First American Treasury 1,104,125.98 1,104,125.98 1,104,125.98 0.020 0.020 0.020 1 136343006 RDA 10 DS 1 First American Treasury 1,263,953.80 1,263,953.80 1263,953.80 0.020 0.020 0.020 1 136343008 RDA 10A CIP2 First American Treasury 19,946.69 19,946.69 19,946.69 0.020 0.020 0.020 1 136343001 -2 RDA 10A -INT1 First American Treasury 07/01/2012 0.98 0.98 0.98 0.001 0.001 0.001 1 136343018 -2 RDA 10B CIP2 First American Treasury 1,186,343.31 1,186,343.31 1,186,343.31 0.020 0.020 0.020 1 136343000 -1 RDA 10B -INT1 First American Treasury 07/01/2012 0.05 0.05 0.05 0.001 0.001 0.001 1 94432360 -2 TCSD COP INT First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 104348006 -5 01 -2 RESA11 Federated Tax Free Obligations 440,504.91 440,504.91 440,504.91 0.030 0.030 0.030 1 104348016 -5 01 -2 RESB11 Federated Tax Free Obligations 202,782.81 202,782.81 202,782.81 0.030 0.030 0.030 1 104348000 -5 01 -2 SPTAX11 Federated Tax Free Obligations 821,009.14 821,009.14 821,009.14 0.030 0.030 0.030 1 94669921-5 03 -01 ACQ11 Federated Tax Free Obligations 3,605,860.16 3,605,860.16 3,605,860.16 0.030 0.030 0.030 1 94669911-5 03 -01 ACQA11 Federated Tax Free Obligations 0.01 0.01 0.01 0.001 0.001 0.001 1 94669922-5 03 -01 COI Federated Tax Free Obligations 08/01/2012 22,380.84 22,380.84 22,380.84 0.030 0.030 0.030 1 94669917-5 03 -01 RES Federated Tax Free Obligations 08/01/2012 765,750.00 765,750.00 765,750.00 0.030 0.030 0.030 1 94669906-5 03 -01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.050 0.049 0.050 1 94669916-5 03 -01 RESB11 Federated Tax Free Obligations 147,750.00 147,750.00 147,750.00 0.030 0.030 0.030 1 94669000-5 03 -01 SPTAX11 Federated Tax Free Obligations 284,471.89 284,471.89 284,471.89 0.030 0.030 0.030 1 164741009 -5 03 -03 COI Federated Tax Free Obligations 08/01/2012 28,144.48 28,144.48 28,144.48 0.030 0.030 0.030 1 164741008 -5 03 -03 IMP Federated Tax Free Obligations 08/01/2012 936,049.99 936,049.99 936,049.99 0.030 0.030 0.030 1 164741006 -5 03 -03 RES Federated Tax Free Obligations 08/01/2012 1,418,296.88 1,418,296.68 1,418,296.88 0.030 0.030 0.030 1 164741000 -5 03 -03 SPEC Federated Tax Free Obligations 08/01/2012 100,158.28 100,158.28 100,158.28 0.030 0.030 0.030 1 164742009 -5 03 -06 COI Federated Tax Free Obligations 08/01/2012 21,088.63 21,088.63 21,088.63 0.030 0.030 0.030 1 164742006 -5 03 -06 RES Federated Tax Free Obligations 08/01/2012 306,756.26 306,756.26 306,756.26 0.030 0.030 0.030 1 786776006 -5 03 -06 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 164742000 -5 03 -06 SPEC Federated Tax Free Obligations 08/01/2012 307,341.39 307,341.39 307,341.39 0.030 0.030 0.030 1 786776000 -5 03- 06SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669902-5 03 -1bond fd Federated Tax Free Obligations 08/24/2012 75,149.09 75,149.09 75,149.09 0.030 0.030 0.030 1 793593011 -5 03 -2 ACQ11 Federated Tax Free Obligations 3,000,495.46 3,000,495.46 3,000,495.46 0.030 0.030 0.030 1 793593009 -5 03 -2 EMW D11 Federated Tax Free Obligations 5,191.83 5,191.83 5,191.83 0.030 0.030 0.030 1 Run Date: 09/26/2012- 12:29 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 793593016 -5 03 -2 LOC1 1 Federated Tax Free Obligations 141,960.53 141,960.53 141,960.53 0.030 0.030 0.030 1 793593010 -5 03 -2 PWADM11 Federated Tax Free Obligations 398.01 398.01 398.01 0.030 0.030 0.030 1 793593006 -5 03 -2 RES11 Federated Tax Free Obligations 368.18 368.18 368.18 0.030 0.030 0.030 1 793593000 -5 03 -2 SPTX Federated Tax Free Obligations 2,249,360.50 2,249,360.50 2,249,360.50 0.030 0.030 0.030 1 793593007 -5 03- 2- IMPR11 Federated Tax Free Obligations 1,144.07 1,144.07 1,144.07 0.030 0.030 0.030 1 744727006 -5 03 -3 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 744727011 -5 03- 3ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94686001-5 03 -4 ADMIN11 Federated Tax Free Obligations 5,517.85 5,517.85 5,517.85 0.030 0.030 0.030 1 94686005-5 03 -4 PREP11 Federated Tax Free Obligations 07/01/2012 0.02 0.02 0.02 0.001 0.001 0.001 1 94686000-5 03 -4 RED11 Federated Tax Free Obligations 95,430.34 95,430.34 95,430.34 0.030 0.030 0.030 1 94686006-5 03 -4 RES11 Federated Tax Free Obligations 73,019.47 73,019.47 73,019.47 0.030 0.030 0.030 1 744727000 -5 03- SSPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 146161000 -5 146161000-5 Federated Tax Free Obligations 07/01/2012 1.48 1.48 1.48 0.001 0.001 0.001 1 146161001 -5 146161001-5 Federated Tax Free Obligations 0.29 0.29 0.29 0.001 0.001 0.001 1 146161006-5 RDA 11 DS11 Federated Tax Free Obligations 1,308,823.11 1,308,823.11 1,308,823.11 0.030 0.030 0.030 1 1 461 61 008 -5 RDA 11ACIP11 Federated Tax Free Obligations 13,127,095.34 13,127,095.34 13,127,095.34 0.030 0.030 0.030 1 146161009-5 RDA 11ACOI11 Federated Tax Free Obligations 07/01/2012 0.00 0.00 0.00 0.020 0.020 0.020 1 94432363 02001 Financial Security Assurance 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 793593011 -1 03 -2 -1 ACQUI CA Local Agency Investment Fun 22,377,505.71 22,377,505.71 22,377,505.71 0.377 0.372 0.377 1 793593009 -1 03 -2 -1 EMWD CA Local Agency Investment Fun 1,573,921.71 1,573,921.71 1,573,921.71 0.377 0.372 0.377 1 793593007 -1 03 -2 -1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 793593010 -1 03 -2 -1 PW AD CA Local Agency Investment Fun 290,695.80 290,695.80 290,695.80 0.377 0.372 0.377 1 793593006 -3 03 -2 -3 RESER CA Local Agency Investment Fun 3,635,551.21 3,635,551.21 3,635,551.21 0.377 0.372 0.377 1 122216008 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 1 2221 6003 -1 CITY COP RE1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 107886008 -1 RDA 06 CIP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 107886018 -2 RDA 06 CIP -2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 107886030 -1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 107886027 -1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 107886028 -1 RDA 07 PRO -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 107886026 -1 RDA 07 RES -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABS RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94669905 -0 03 -01 REF USBANK 08/01/2012 10,976,853.13 10,976,853.13 10,976,853.13 0.000 0.000 1 744727099 -0 03 -03 REF USBANK 08/01/2012 28,477,487.50 28,477,487.50 28,477,487.50 0.000 0.000 1 786776099 -0 03 -06 REF USBANK 08/01/2012 4,390,708.75 4,390,708.75 4,390,708.75 0.000 0.000 1 SYS95453516 -1 95453516 -1 USBANK 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 Run Date: 09/26/2012 12:29 Subtotal and Average 108,100,673.54 City of Temecula, California Portfolio Management Portfolio Details - Investments August 31, 2012 105,201,15825 105,201,15825 105,201,15825 0.108 0.109 1 Page 4 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP Retention Escrow Account Run Date: 09/26/2012- 12:29 City of Temecula, California Portfolio Management Portfolio Details - Investments August 31, 2012 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date 194012308-16 RJ NOBLE Bank of Sacramento 07/01/2012 12,028.28 12,028.28 12,028.28 0.000 0.000 1 ARMY CORPS Army Corps Union Bank 07/01/2012 600,012.21 600,012.21 600,012.21 0.000 0.000 1 SYSPI aza Prtnr PI aza Prtnr Wells Fargo Bank 07/01/2012 4,000,033.98 4,000,033.98 4,000,033.98 0.000 0.000 1 PORTOLA TRRC Portola Trrc Wells Fargo Bank 07/01/2012 1,859,666.72 1,859,666.72 1,859,666.72 0.000 0.000 1 Subtotal and Average 6,506,706.60 Letter of Credit 104348006 -1 02008 ASSURANCE CO BOND INSURANCE 07/01/2012 Subtotal and Average 6,471,741.19 1.00 1.00 1.00 1.00 1.00 Federal Agency Callable Securities 3134G3BV1 01179 Federal Horne Loan Mtg Corp 12/09/2011 1,000,000.00 1,017,410.00 3134G3CL2 01181 Federal Home Loan Mtg Corp 12/16/2011 1,000,000.00 1,006,480.00 3134G3PH7 01186 Federal Horne Loan Mtg Corp 02/24/2012 1,000,000.00 1,006,670.00 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,039,540.00 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,021,370.00 3136FPZD2 01157 Federal National Mtg Assn 12/03/2010 1,000,000.00 1,002,200.00 3136FRB44 01172 Federal National Mtg Assn 07/22/2011 1,000,000.00 1,015,050.00 3136FTBQ1 01176 Federal National Mtg Assn 10/24/2011 1,000,000.00 1,013,380.00 3136FT4R7 01188 Federal National Mtg Assn 03/27/2012 1,000,000.00 1,010,470.00 Subtotal and Average 10,000,000.00 10,000,000.00 10,132,570.00 6,471,741.19 6,471,741.19 1.00 1.00 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669911 -1 03 -1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 94669921 -1 03 -1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 744727011 -1 03 -3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 744727007 -1 03 -3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 786776007 -1 03 -6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 SYSCITY CITY CA Local Agency Investment Fun 17,009,796.84 17,030,542.72 17,009,796.84 0.377 0.372 0.377 1 SYSRDA RDA CA Local Agency Investment Fun 1,738.56 1,740.68 1,738.56 0.377 0.372 0.377 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 SYSTCSD TCSD CA Local Agency Investment Fun 11,413,484.80 11,427,405.18 11,413,484.80 0.377 0.372 0.377 1 Subtotal and Average 32,993,116.59 28,425,020.20 28,459,688.58 28,425,020.20 0.372 0.377 1 Page 5 1, 000, 000.00 1.400 1.381 1.400 1,560 12/09/2016 1,000,000.00 1.000 0.986 1.000 1,018 06/16/2015 1,000,000.00 1.000 0.986 1.000 1,453 08/24/2016 2,000,000.00 4.000 3.945 4.000 191 03/11/2013 1,000,000.00 4.000 3.945 4.000 207 03/27/2013 1,000,000.00 1.125 1.110 1.125 823 12/03/2014 1,000,000.00 2.125 2.096 2.125 1,420 07/22/2016 1, 000, 000.00 1.350 1.332 1.350 1,514 10/24/2016 1,000,000.00 1.000 0.986 1.000 1,487 09/27/2016 10,000,000.00 2.071 2.100 986 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP Run Date: 09/26/2012 12:29 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,018,390.00 997,500.00 2.250 2.284 2.316 331 07/29/2013 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 1,008,310.00 1,000,000.00 2.150 2.121 2.150 156 02/04/2013 31331GZ44 01144 Federal Farm Credit Bank 10/15/2009 1,000,000.00 1,001,590.00 1,000,000.00 1.550 1.529 1.550 44 10/15/2012 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 1,016,000.00 1,000,000.00 1.375 1.356 1.375 527 02/10/2014 31331KTK6 01174 Federal Farm Credit Bank 08/01/2011 1,000,000.00 1,011,060.00 1,000,000.00 0.875 0.863 0.875 699 08/01/2014 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,026,690.00 1,000,000.00 1.300 1.282 1.300 1,496 10/06/2016 31331KK58 01177 Federal Farm Credit Bank 10/26/2011 1,000,000.00 1,019,460.00 1,000,000.00 1.050 1.036 1.050 1,150 10/26/2015 31331KV98 01178 Federal Farm Credit Bank 11/23/2011 1,000,000.00 1,016,770.00 1,000,000.00 0.970 0.957 0.970 1,178 11/23/2015 31331KY79 01180 Federal Farm Credit Bank 11/29/2011 1,000,000.00 1,001,360.00 1,000,000.00 0.500 0.493 0.500 454 11/29/2013 31331K2P4 01182 Federal Farm Credit Bank 12/09/2011 1,000,000.00 1,017,630.00 1,000,000.00 1.000 0.986 1.000 1,194 12/09/2015 31331K6P0 01183 Federal Farm Credit Bank 01/19/2012 1,000,000.00 1,012,300.00 1,000,000.00 0.850 0.838 0.850 1,235 01/19/2016 3133XVEM9 01150 Federal Home Loan Bank 11/04/2009 1,000,000.00 1,003,170.00 1,000,000.00 1.625 1.603 1.625 81 11/21/2012 313372UH5 01166 Federal Horne Loan Bank 03/15/2011 1,000,000.00 1,009,330.00 1,000,000.00 1.125 1.110 1.125 377 09/13/2013 313374CZ1 01168 Federal Home Loan Bank 06/22/2011 1,000,000.00 1,014,330.00 1,000,000.00 1.000 0.986 1.000 751 09/22/2014 313376V77 01184 Federal Horne Loan Bank 01/23/2012 1,000,000.00 1,004,140.00 1,000,000.00 0.520 0.513 0.520 874 01/23/2015 313376YQ2 01185 Federal Home Loan Bank 02/13/2012 1,000,000.00 1,001,130.00 1,000,000.00 0.400 0.395 0.400 895 02/13/2015 313378AC5 01187 Federal Horne Loan Bank 02/22/2012 1,000,000.00 1,003,180.00 1,000,000.00 0.500 0.493 0.500 993 05/22/2015 313378QH7 01189 Federal Home Loan Bank 03/28/2012 1,000,000.00 1,013,710.00 1,000,000.00 0.900 0.888 0.900 1,304 03/28/2016 3135G0HG1 01190 Federal National Mtg Assn 07/05/2012 1,000,000.00 1,000,570.00 999,270.00 0.375 0.399 0.404 926 03/16/2015 Subtotal and Average 19,284,552.26 19,000,000.00 19,199,120.00 18,996,770.00 1.059 1.074 772 Total and Average 178,861,648.25 City of Temecula, California Portfolio Management Portfolio Details - Investments August 31, 2012 169, 097,920.74 169,464,279.12 169,094,690.74 0.371 0.376 146 Page 6 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash August 31, 2012 Retention Escrow Account SYSAAA #1202 AAA #1202 COMMUNITY BANK 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 Run Date: 09/26/2012 - 12:29 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Passbook /Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2012 2,910.00 2,910.00 2,910.00 0.000 0.000 1 SYSFIexCkAcct FlexCkAcct Union Bank of California 07/01/2012 31,113.77 31,113.77 31,113.77 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 1,750,302.96 1,750,302.96 1,750,302.96 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2012 6,650.50 6,650.50 6,650.50 0.000 0.000 1 Average Balance 0.00 Accrued Interest at Purchase 1,145.83 1,145.83 1 Subtotal 1,792,123.06 1,792,123.06 Total Cash and Investments 178,861,648.25 170,888,897.97 171,256,402.18 170,886,813.80 0.371 0.376 146 Page 7 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CITY OF TEMECULA CASH BALANCES AS OF AUGUST 31, 2012 Fund Fund Name Fund Total 001 GENERAL FUND $ 28,796,018.77 100 STATE GAS TAX FUND 672,171.06 120 DEVELOPMENT IMPACT FUND 5,987,510.18 131 ENERGY EFFICIENCY CONSERVATION GRANT 360,544.39 150 AB2766 FUND 276,499.99 165 SARDA AFFORDABLE HOUSING 5,986,856.93 166 SARDA HOUSING 16,941,179.65 170 MEASURE A FUND 5,746,108.45 190 TEMECULA COMMUNITY SERVICES DISTRICT 105,679.51 194 TCSD SERVICE LEVEL "D" REFUSE /RECYCLING 146,227.32 195 TCSD SERVICE LEVEL "R" STREET /ROAD MAINT 8,855.60 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 242,503.85 197 TEMECULA LIBRARY FUND 230,745.40 210 CAPITAL IMPROVEMENT PROJECT FUND 10,573,356.51 273 CFD 03 -1 CROWNE HILL IMPROVEMENT FUND 3,605,860.17 275 CFD 03 -3 WOLF CREEK IMPROVEMENT FUND 936,049.99 277 CFD - RORIPAUGH 26,958,258.78 300 INSURANCE FUND 535,886.60 310 VEHICLES AND EQUIPMENT FUND 1,199,179.10 320 INFORMATION TECHNOLOGY 462,809.12 330 CENTRAL SERVICES 381,692.50 340 FACILITIES 163,155.52 375 SUMMER YOUTH EMPLOYMENT PROGRAM 8,394.67 380 SARDA DEBT SERVICE FUND 1,515,888.47 381 REDEVELOPMEN PROPERTY TAX TRUST 1,001,211.25 460 CFD 88 -12 DEBT SERVICE FUND 85,825.68 472 CFD 01 -2 HARVESTON A &B DEBT SERVICE 1,552,370.52 473 CFD 03 -1 CROWNE HILL DEBT SERVICE FUND 12,307,731.37 474 AD 03 -4 JOHN WARNER ROAD DEBT SERVICE 193,060.09 475 CFD 03 -3 WOLF CREEK DEBT SERVICE FUND 30,369,945.75 476 CFD 03 -6 HARVESTON 2 DEBT SERVICE FUND 5,054,520.46 477 CFD 03 -02 RORIPAUGH DEBT SERVICE FUND 7,669,880.92 501 SERVICE LEVEL "C "ZONE 1 SADDLEWOOD 24,096.76 502 SERVICE LEVEL "C "ZONE 2 WINCHESTER CREEK 53,831.87 503 SERVICE LEVEL "C "ZONE 3 RANCHO HIGHLANDS 28,489.82 504 SERVICE LEVEL "C "ZONE 4THE VINEYARDS 4,102.98 505 SERVICE LEVEL "C "ZONE 5 SIGNET SERIES 16,349.92 506 SERVICE LEVEL "C "ZONE 6 WOODCREST COUNTRY 14,532.64 507 SERVICE LEVEL "C "ZONE 7 RIDGEVIEW 5,181.96 508 SERVICE LEVEL "C "ZONE 8 VILLAGE GROVE 46,732.45 509 SERVICE LEVEL "C "ZONE 9 RANCHO SOLANA 14,748.27 510 SERVICE LEVEL "C "ZONE 10 MARTINIQUE 7,137.63 511 SERVICE LEVEL "C "ZONE 11 MEADOWVIEW 1,833.71 512 SERVICE LEVEL "C "ZONE 12 VINTAGE HILLS 39,386.07 513 SERVICE LEVEL "C "ZONE 13 PRESLEY DEVELOP 2,409.75 514 SERVICE LEVEL "C "ZONE 14 MORRISON HOMES 5,127.99 515 SERVICE LEVEL "C "ZONE 15 BARCLAY ESTATES 2,653.14 516 SERVICE LEVEL "C "ZONE 16TRADEWINDS 49,570.98 517 SERVICE LEVEL "C "ZONE 17 MONTE VISTA 975.22 518 SERVICE LEVEL "C "ZONE 18TEMEKU HILLS 31,217.38 519 SERVICE LEVEL "C "ZONE 19 CHANTEMAR 53,955.46 520 SERVICE LEVEL "C "ZONE 20 CROWNE HILL 161,366.92 521 SERVICE LEVEL "C "ZONE 21 VAIL RANCH 128,055.16 522 SERVICE LEVEL "C "ZONE 22 SUTTON PLACE 1,595.73 523 SERVICE LEVEL "C "ZONE 23 PHEASENT RUN 12,036.63 524 SERVICE LEVEL "C "ZONE 24 HARVESTON 159,823.95 525 SERVICE LEVEL "C "ZONE 25 SERENA HILLS 37,392.41 526 SERVICE LEVEL "C "ZONE 26 GALLERYTRADITION 542.32 527 SERVICE LEVEL "C "ZONE 27 AVONDALE 2,139.53 528 SERVICE LEVEL "C "ZONE 28 WOLF CREEK 236,562.55 529 SERVICE LEVEL "C "ZONE 29 GALLERY PORTRAIT 5,505.46 530 SERVICE LEVEL "C "ZONE 30 FUTURE ZONES 33,068.95 Grand Total: $ 171,256,402.18 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Wilson, Chief Financial Officer DATE: October 9, 2012 SUBJECT: Financial Statements for Fiscal Year Ended June 30, 2012 PREPARED BY: Rudy Graciano, Revenue Manager Pascale Brown, Accounting Manager RECOMMENDATION: Approvals City Attorney Chief Financial Officer City Manager Pi/re-r go r 1. Receive and file the Financial Statements for fiscal year ended June 30, 2012; 2. Approve an increase to the fiscal year 2011 -2012 General Fund sales tax revenue estimate by $733,892; 3. Approve an appropriation of $30,000 for operating transfers out in the Supplemental Law Enforcement Services Fund (SLESF) budget, and an increase of $30,000 of revenues in the SLESF. BACKGROUND: The fourth quarter financial report summarizes the City if Temecula's financial information from July 1, 2011 through June 30, 2012. This report includes an overview of the City's funds for the twelve month period ending June 30, 2012. The attached financial statements reflect the unaudited activity of the City of Temecula for fiscal year ended June 30, 2012. Fiscal year 2011 -2012 was an eventful year in the City of Temecula. Even though many municipalities continue to experience stagnant revenue activity, the City of Temecula experienced a recovery in various major revenue categories, most significantly in sales taxes and transient occupancy taxes. The local economy continues to improve as evidenced by different factors. Retail sales taxes increased 6.5% in 2012 compared to the prior year. Also, based on data provided by the Temecula Valley Convention and Visitor's Bureau, 2012 hotel occupancy and average daily room rates increased 3.7% and 4.3 %, respectively, over the prior year. While the total number of new building permits issued in 2012 decreased by 43 from the prior year, net taxable values of property increased modestly, rising .2% over the prior year. The median sales price of a single family home is $247,500, which as a 3.1% increase over its lowest recent level in 2009. FISCAL IMPACT: A fiscal summary of the City of Temecula funds are as follows: General Fund — Fiscal year ending June 30, 2012, General Fund operating revenues over expenditures were approximately $2.765 million. It is anticipated these excess funds may be reinvested in the City's Asset Management Program. Cost to implement this Program, which rehabilitates streets, buildings and parks, is approximately $5.5 million per year. A goal of the Quality of Life Master Plan is to fund this Program from the operating budget since in the past most funding for the Asset Management Plan has come from the City's "Unassigned Fund Balance ". The Unassigned Fund Balance could then be freed up to fund other City Council projects. In fiscal year 2011 -12, General Fund revenues exceeded their estimates by approximately $976,000 primarily due to the following: • Sales tax revenues are approximately $730,000 sales taxes higher than estimate primarily due to increased demand in general consumer goods, auto sales, and distributions of use tax from the County pool. • Community Development revenues are approximately $407,000 higher than estimate primarily due to development projects occurring earlier than anticipated in both commercial and residential projects, as well as increases in sprinkler fees as a result of the City's adoption of new construction codes requiring sprinkler systems in all new residential construction. • Property tax revenues are approximately $94,000 lower than estimate due to successful property valuation appeals by property owners. • Interest Earnings revenues are approximately $63,000 lower than estimate primarily due to the change in fair value of investments as they approach maturity as well as fluctuating interest rates. General Fund expenditures savings of approximately $2 million were achieved primarily due to the following: • $535,000 savings in Public Works primarily due to savings in routine street maintenance, drainage facilities maintenance, and other maintenance program savings (a portion of these savings will be reprogrammed from fiscal year 2011 -2012 to fiscal year 2012- 2013); • $500,000 in Recreation Funding due to savings in Temecula Community Services District (TCSD) operations is various categories; • $240,000 savings in City Attorney as a result of reductions in contract legal services and litigation. • $194,000 savings and $127,000 savings in Buildings & Safety, and Planning, respectively, due to savings in consulting and outside service contracts; and savings in other various departments for salaries, internal service, and other operations. State Gas Tax Fund - Fiscal year ending June 30, 2012, budgeted fund balance versus actual increased in the Gas Tax Fund by approximately $211,000 primarily due to higher gas tax revenues as a result of increased fuel consumption by consumers. Development Impact Fund - Fiscal year ending June 30, 2012, budgeted fund balance versus actual increased approximately $4.9 million in the Development Impact Fee Fund primarily due to various capital projects financed by this revenue source being reprogrammed to fiscal year 2012 -2013, as well as a decrease in revenues due to the timing of permits issued to developers. AB 2766 Fund - Fiscal year ending June 30, 2012, budgeted fund balance versus actual increased approximately $175,000 in the AB 2766 Fund primarily due to various capital projects financed by this revenue source being reprogrammed to fiscal year 2012 -2013. SLESF Fund — The Annual Amended Budget reflects a $30,000 increase to estimated revenues and operating transfers out as a result of a higher allocation of this grant program than anticipated from the State of California. These grant monies are transferred to the General Fund to reimburse it for qualifying Police programs. Measure A Fund - Fiscal year ending June 30, 2012, budgeted fund balance versus actual increased $5.1 million in the Measure A fund primarily due to the continuing work on Pavement Rehabilitation and French Valley -Phase 1 capital projects financed by this revenue source being reprogrammed to fiscal year 2012 -2013, as well as savings in routine street and drainage facilities maintenance programs. Capital Improvement Projects Fund - Fiscal year ending June 30, 2012, budgeted fund balance versus actual increased $1.2 million in the Capital Improvement Projects Fund primarily due to the accumulation of fund balance in order to complete certain capital projects. Revenues are approximately $67 million under the revenue estimate primarily due to their timing of receipt, as the transfers /reimbursements from the specific project funding source does not occur until the project expenditures are incurred. City Housing Fund - On January 24, 2012, pursuant to Resolution No. 12 -11, City Council elected to retain the housing assets and functions previously performed by the Temecula Redevelopment Agency to accept all responsibilities of the former Redevelopment Agency, and transfer to the City of Temecula all the housing assets of the former Redevelopment Agency. As a result, the City Housing Fund was established to perform this function and assets totaling approximately $10.2 million of primarily non cash fund balances were transferred from the Affordable Housing Fund to the City Housing fund to perform its new housing responsibilities. ATTACHMENTS: 1. Combining Balance Sheet as of June 30, 2012 2. Statement of Revenues, Expenditures and Changes in Fund Balance- Budget and Actual for the Fiscal Year Ended June 30, 2012 3. Combining Statement of Net Assets as of June 30, 2012. 4. Combining Statement of Revenues, Expenses and Changes in Net Assets for the Fiscal Year Ended June 30, 2012. 5. Statement of Net Assets - Fiduciary Fund as of June 30, 2012. 6. Statement of Changes in Fiduciary Net Assets for the Fiscal Year Ended June 30, 2012. 7 Balance Sheet -City Housing Fund as of June 30, 2012. 8. Statement of Revenues, Expenditures, and Changes in Fund Balance for the Fiscal Year Ended June 30, 2012. ASSETS: Cash and Investments $ 33,875,014 $ 111,157 $ 5,722,365 $ - $ - $ Receivables 9,036,494 292,833 11,626 29,069 366,104 5,324 Due from Other Funds 144,004 Advances to SAR DA 1,287,714 Deposits 62,532 Inventory 3,058 LIABILITIES: TOTAL ASSETS LIABILITIES AND FUND BALANCES Due to Other Funds $ - $ $ - $ 26,726 $ 363,324 $ 5,324 Other Current Liabilities 9,986,004 17,659 2,343 2,780 Deferred Revenue 4,229,814 - - - TOTAL LIABILITIES 14,215,818 - 17,659 29,069 366,104 5,324 FUND BALANCES: Nonspendable: Advances to SAR DA 495,661 Deposits 62,532 Inventory 3,058 Land Held for Resale Notes and Loans Prepaid Costs Restricted For: Community Development Projects Capital Projects Debt Service Dutch Villages 150,000 Parks and Recreation Public Works Committed To: Contractual Obligation- Encumbrances 487,004 Economic Uncertainty 11,593,973 Assigned To: Capital Projects 7,907,976 Compresensive Annual Leave 1,495,548 Information Technology Software 500,000 Theater Reconstruction 2,879,175 Unrealized Gains 302,640 Unassigned TOTAL FUND BALANCES 30,192,998 NOTE: Balances are unaudited CITY OF TEMECULA COMBINING BALANCE SHEET as of June 30, 2012 Energy General Gas Tax DIF Fees Recovery Efficiency CDBG Fund Fund Fund JAG Fund Conserv. Fund Grant $ 44,408,816 $ 403,990 $ 5,733,991 $ 29,069 $ 366,104 $ 5,324 403,990 5,716,332 986 4,315,431 (986) 403,990 5,716,332 TOTAL LIABILITIES and FUND BALANCES $ 44,408,816 $ 403,990 $ 5,733,991 $ 29,069 $ 366,104 $ 5,324 ASSETS: LIABILITIES AND FUND BALANCES LIABILITIES: FUND BALANCES: Nonspendable: Advances to SARDA Deposits Inventory Land held for resale Notes and Loans Prepaid Costs Restricted For: Community Development Projects Capital Projects Debt Service Dutch Villages Parks and Recreation Public Works Assigned To: Capital Projects Compresensive Annual Leave Secondary Reserves Theater Reconstruction Unrealized Gains NOTE: Balances are unaudited AB2766 Fund CITY OF TEMECULA COMBINING BALANCE SHEET as of June 30, 2012 SLESF Fund Cash and Investments $ 244,982 $ - $ 5,449,680 $ 14,343,049 $ - $ 5 $ 59,746,252 Receivables 31,962 117,278 385,730 1,623,207 - 11,899,627 Due from Other Funds - 368,648 - 512,652 Advances to SARDA 1,287,714 Deposits 62,532 Inventory - - - - 3,058 TOTAL ASSETS $ 276,944 $ 117,278 $ 5,835,410 $ 16,334,904 $ - $ 5 $ 73,511,835 Due to Other Funds $ - $ 117,278 $ - $ - $ - $ $ 512,652 Other Current Liabilities 10,000 79,418 2,424,714 12,522,918 Deferred Revenue - - - - 4,229,814 TOTAL LIABILITIES 10,000 117,278 79,418 2,424,714 - 17,265,384 5,716,332 266,944 - - 266,944 - - - 5 5 150,000 1,462,218 - - 1,866,208 Committed To: - Contractual Obligation- Encumbrances 23,004 37,773,715 38,284,709 Economic Uncertainty - - - 11,593,973 Measure A Fund Unassigned (23,863,525) (19,549,080) TOTAL FUND BALANCES 266,944 - 5,755,992 13,910,190 5 56,246,451 TOTAL LIABILITIES and FUND BALANCES $ 276,944 $ 117,278 $ 5,835,410 $ 16,334,904 $ - $ 5 $ 73,511,835 2 4,270,770 Capital Project Fund Debt Service Fund Financing Lease 2001 and 2008 COPS Fund TOTAL 495,661 62,532 3,058 12,178,746 1,495,548 - 500,000 - 2,879,175 302,640 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND for the Fiscal Year Ended June 30, 2012 Annual Amended Budget Total Percentage Activity of Budget REVENUES: Sales Tax - State $ 20,266,397 $ 20,266,397 100% Sales Tax - Triple Flip 6,459,653 6,459,653 100% Franchise Fees 3,392,096 3,393,439 100% Motor Vehicle In Lieu - State 51,960 51,960 100% Motor Vehicle In Lieu - Triple Flip 5,940,244 5,955,163 100% Property Tax 5,097,423 5,002,303 98% Property Tax Relief (Homeowner) 76,906 77,938 101% Property Transfer Tax 409,577 462,837 113% Transient Occupancy Tax 2,447,108 2,400,048 98% Vehicle Code Fines 645,777 625,398 97% Development Services: Building & Safety 1,133,912 1,285,533 113% Fire 634,071 816,431 129% Land Development 664,065 910,674 137% Planning 908,419 734,968 81% Public Works - NP DES 3,276 3,168 97% Police 550,363 505,543 92% Advertising 67,380 64,200 95% Bids and Proposals 9,000 10,850 121% Business Licenses 300,000 292,590 98% GASB 31 Fair Market Value on Investment (98,109) (133,395) 136% Investment 200,000 172,074 86% Grants 28,406 28,406 100% Lease /Rentallncome 37,572 78,268 208% Miscellaneous 8,000 11,614 145% Operating Transfers In State Gas Tax 3,390,491 3,390,491 100% SLESF 207,767 206,181 99% CIP 259,516 259,516 100% Reimbursements: Financing 163,000 163,000 100% CIP 2,238,698 2,133,771 95% RDA 110,000 64,167 58% Other 66,000 188,162 285% TOTAL REVENUES $ 55,668,968 $ 55,881,348 100% 3 EXPENDITURES: Revenues Over /(Under) Expenditures and Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2011 Ending Fund Balance as of 6/30/2012 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND for the Fiscal Year Ended June 30, 2012 Annual Amended Budget Year-to-Date Activity City Council $ 449,642 $ 413,549 $ - $ 413,549 92% Community Support 134,650 134,629 134,629 100% City Manager 1,563,638 1,521,961 1,521,961 97% Economic Development 680,834 596,285 5,500 601,785 88% City Clerk 1,144,766 1,124,073 1,124,073 98% City Attorney 821,300 581,297 581,297 71% Finance 2,240,249 2,188,992 28,461 2,217,453 99% Human Resources 585,271 575,356 - 575,356 98% Planning 1,963,289 1,835,633 98,980 1,934,613 99% Building & Safety 2,015,848 1,820,930 1,820,930 90% Land Development 1,140,885 1,123,807 1,123,807 99% Public Works 5,631,105 5,095,506 334,247 5,429,753 96% GIP Administration 2,238,698 2,238,299 - 2,238,299 100% Police 21,369,642 21,193,529 19,816 21,213,345 99% Fire 4,440,282 4,437,049 4,437,049 100% Animal Control 329,160 295,032 295,032 90% Non - Departmental 8,449,932 7,939,957 7,939,957 94% TOTAL EXPENDITURES (excluding transfers) 55,199,191 53,115,884 487,004 53,602,888 97% Revenues Over /(Under) Expenditures 469,777 2,765,464 Other Financing Sources (Uses): Transfers Out (5,087,300) (4,650,779) (4,617,523) (1,885,315) 32,078,313 32,078,313 $ 27,460,790 $ 30,192,998 4 Year -to -Date Encumbrances Activity and Encumbrances Percentage of Budget REVENUES: Section 2103 - 2107 Investment Interest Other Financing Sources (uses): Transfers Out STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL Revenues Over /(Under) Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2011 Ending Fund Balance as of 6/30/2012 CITY OF TEMECULA GAS TAX FUND for the Fiscal Year Ended June 30, 2012 Annual Amended Budget $ 2,678,419 9,000 TOTAL REVENUES 2,687,419 (3,506,751) (3,503,751) 100% (819,332) (607,660) 1,011,650 1,011,650 $ 192,318 $ 403,990 5 Total Percentage of Activity Budget $ 2,884,925 108% 11,166 124% 2,896,091 108% REVENUES: CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL Other Financing Sources (uses): Transfers Out Ending Fund Balance as of 6/30/2012 DEVELOPMENT IMPACT FUND for the Fiscal Year Ended June 30, 2012 Annual Amended Budget Open Space $ 269,048 $ 204,297 76% Investment Interest - 46,626 0% Quimby 315,946 130,200 41% Street Improvements 1,415,395 677,839 48% Traffic Signals 211,967 106,262 50% Parks 837,640 617,902 74% Corporate Facilities - 134,499 0% Fire Protection 188,731 136,308 72% Library 283,540 194,170 68% Public Art 14,859 28,702 0% Police 98,553 0% TOTAL REVENUES 3,537,126 2,375,358 67% (7,740,486) (1,621,311) Revenues Over /(Under) Other Financing Sources (uses) (4,203,360) 754,047 Beginning Fund Balance as of 7/01/2011 4,962,285 4,962,285 $ 758,925 $ 5,716,332 6 Total Percentage of Activity Budget 21% Revenues Over /(Under) Expenditures Beginning Fund Balance as of 7/01/2011 Ending Fund Balance as of 6/30/2012 $ CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL RECOVERY ACT JAG FUNDING for the Fiscal Year Ended June 30,2012 Annual Year to Date Total % of Amended Activity Encumbrances Activity Budget Budget REVENUES: Grant Revenue $ 73,104 $ 68,845 $ $ 68,845 94% TOTAL REVENUES 73,104 68,845 68,845 94% EXPENDITURES: Operating Expenditures 73,104 68,845 986 69,831 96% TOTAL EXPENDITURES 73,104 68,845 986 69,831 96% 7 Other Financing Sources (uses): Transfers Out CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL Beginning Fund Balance as of 7/01/2011 ENERGY EFFICIENCY CONSERVATION GRANT Revenues Over /(Under) Expenditures and Other Financing Sources (uses) for the Fiscal Year Ended June 30,2012 Annual Amended Budget REVENUES: Grant Revenue $ 743,483 $ 452,878 $ 452,878 61% TOTAL REVENUES 743,483 452,878 452,878 61% EXPENDITURES: Operating Expenditures 11,210 10,804 10,804 96% TOTAL EXPENDITURES 11,210 10,804 10,804 96% Revenues Over /(Under) Expenditures 732,273 442,074 (732,273) (442,074) 60% Ending Fund Balance as of 6/30/2012 8 YTD Total Percentage Activity Activity of Budget CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL COMMUNITY DEVELOPMENT BLOCK GRANT Revenues Over /(Under) Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2011 Ending Fund Balance as of 6/30/2012 for the Fiscal Year Ended June 30, 2012 Annual Amended Budget REVENUES: Grant Revenue $ 1,025,788 $ 136,980 13% TOTAL REVENUES 1,025,788 136,980 13% EXPENDITURES: Other Outside Services 45,310 45,310 100% TOTAL EXPENDITURES 45,310 45,310 100% Revenues Over /(Under) Expenditures 980,478 91,670 Other Financing Sources (uses): Transfers Out (980,478) (91,670) 9% 9 Total Percentage of Activity Budget REVENUES: AB 2766 Investment Interest TOTAL REVENUES CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL AB 2766 FUND for the Fiscal Year Ended June 30, 2012 EXPENDITURES: Other Outside Services 27,000 26,361 26,361 98% TOTAL EXPENDITURES 27,000 26,361 26,361 98% Revenues Over /(Under) Expenditures 102,057 104,903 Other Financing Sources (uses): Transfers Out (651,216) (478,698) Revenues Over /(Under) Other Financing Sources (uses) (549,159) (373,795) Beginning Fund Balance as of 7/01/2011 640,739 640,739 Ending Fund Balance as of 6/30/2012 $ 91,580 $ 266,944 Annual YTD Total Percentage of Amended Activity Encumbrances Activity Budget Budget $ 124,057 $ 127,507 $ $ 127,507 103% 5,000 3,757 3,757 75% 129,057 131,264 131,264 102% 10 Revenues Over /(Under) Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2011 Ending Fund Balance as of 6/30/2012 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) for the Fiscal Year Ended June 30, 2012 Annual Amended Budget REVENUES: AB 3229 - COPS $ 207,767 $ 206,181 TOTAL REVENUES 207,767 206,181 Other Financing Sources (uses): Transfers Out (207,767) (206,181) 11 Total Percentage of Activity Budget 99% 99% 99% REVENUES: Measure "A" Investment Interest TOTAL REVENUES Ending Fund Balance as of 6/30/2012 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL for the Fiscal Year Ended June 30, 2012 Annual Amended Budget MEASURE A YTD Activity $ 2,231,239 $ 2,244,165 $ 70,000 62,056 2,301,239 2,306,221 Revenues Over /(Under) Expenditures and Other Financing Sources (uses) (8,158,867) (3,054,009) Beginning Fund Balance as of 7/01/2011 8,810,001 8,810,001 $ 651,134 $ 5,755,992 12 Encumbrances Total Percentage Activity of Budget $ 2,244,165 101% 62,056 89% 2,306,221 100% EXPENDITURES: Operating Expenditures 869,242 635,861 23,004 658,865 76% TOTAL EXPENDITURES 869,242 635,861 23,004 658,865 76% Revenues Over /(Under) Expenditures 1,431,997 1,670,360 Other Financing Sources (uses): Transfers Out (9,590,864) (4,724,369) 49% REVENUE: Operating Transfers In Grants Reimbursements Reimbursements - TUMF Investment Interest EXPENDITURES: Citywide Adaptive Traffic Light Synchronization -Phase I Citywide Adaptive Traffic Light Synchronization -Phase II Nicolas Valley Assessment District Liefer Road Open Space Acquisition Program Old Town Police Storefront Temecula Police Station Tenant Improvement Old Town Sound System Retrofit Pechanga Parkway Environmental Mitigation Traffic Safety Bridge Light Retrofit Murrieta Creek Bridge / Overland Drive Extension to Diaz Road Abbott Corporation Roadway Improvements Medians and Parkway Citywide Closed Caption Television Install -State Route 79 South Pechanga Winchester Rd. / State Route 79 North Corridor Beautification Old Town Infrastructure Projects - Civic Center Old Town Infrastructure - Parking Structure, Office and Retail Pavement Rehabilitation Program - Citywide STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND for the Fiscal Year Ended June 30, 2012 Account Number CITY OF TEMECULA Annual Amended Budget $ 37,317,636 7,378,715 2,599,507 37,086,373 Year -to -Date Activity $ 15,048,905 $ 530,148 221,516 1,525,334 101,998 TOTAL REVENUE 84,382,231 17,427,901 165 -501 71,291 10,437 165 -503 69,648 41,384 165 -504 22,639 1,363 165 -509 419,000 289,000 165 -513 35,909 793 165 -514 200,000 - 165 -515 60,808 53,697 165 -516 630,952 71,367 165 -520 282,373 985 165 -602 4,829,794 1,137,628 165 -620 750,000 - 165 -622 226,459 - 165 -635 13,442 263 165 -638 377,949 36,212 165 -643 231,424 20,061 165 -644 323,696 8,184 165 -655 11,451,715 4,387,349 13 Encumbrances Total Activity 5,775 32,270 3,477,472 % of Budget $ 15,048,905 40% - 530,148 7% - 221,516 9% - 1,525,334 4% 101,998 0% 17,427,901 21% 10,437 15% 41,384 59% 1,363 6% 289,000 69% 35,207 36,000 100% 0% 53,697 88% 37,417 108,784 17% 985 0% 110,858 1,248,486 26% - 0% - 0% 263 2% 36,212 10% 25,836 11% 40,454 12% 7,864,821 69% CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the Fiscal Year Ended June 30 2012 Annual Account Year -to -Date % of Number Amended Activity Encumbrances Total Activity Budget Budget EXPENDITURES - contd: Western Bypass Bridge Over Murrieta Creek 165 -660 370,886 35,314 39,862 75,176 20% Interstate -15 / State Route 79 South Ultimate Interchange 165 -662 219,508 129,808 36,126 165,934 76% Flashing Beacons & Speed Advisory Signs 165 -670 36,336 34,211 34,211 94% Traffic Signals- Meadows Parkway at Pauba 165 -678 4,599 - - 0% Traffic Signals- Rancho California and Yukon 165 -679 121,852 107,684 107,684 88% Traffic Signal Equipment Replacement Program - Citywide 165 -680 75,000 38,231 - 38,231 51% Signals- Rancho Cal Promnade Chardonnay 165 -682 295,000 - - 0% City Facilities Rehabilitation 165 -701 469,018 465,032 - 465,032 99% Medians & Ornamental Pedestrian Barriers - Citywide 165 -704 40,000 24,395 1,005 25,400 64% Citywide Storm Drain Improvements 165 -715 195,825 176,711 176,711 90% French Valley Pkwy /I -15 Over - Crossing and Improvements- Phase I 165 -719 23,089,546 2,186,244 18,670,104 20,856,348 90% Butterfield Stage Road Extension 165 -723 10,733,604 3,309,683 2,694,325 6,004,008 56% French Valley Pkwy /I -15 Over - Crossing and Improvements- Phase II 165 -726 15,292,375 1,436,191 11,357,827 12,794,018 84% Pedestrian /Bicycle Bridge Over Santa Gertrudis Creek to CHS 165 -738 1,239,409 815,657 - 815,657 66% Santa Gertrudis Creek Pedestrian Bicycle Trail Extension Interconnect 165 -739 294,295 22,708 243,660 266,368 91% Fire Station Roripaugh Ranch Site 165 -741 782,242 432,206 251,224 683,430 87% Main Street Bridge Over Murrieta Creek Replacement 165 -743 6,748,529 49,474 869 50,343 1% Temecula Park and Ride 165 -747 14,122 2,785 - 2,785 20% Old Town Civic Center 165 -751 1,415,406 993,373 236,114 1,229,487 87% TCC Renovation 165 -754 183,715 16,360 138,515 154,875 84% Theater Remediation 165 -756 73,400 73,400 73,400 100% 14 EXPENDITURES - cont'd: Old Town Public Art 190 -121 120,000 3,258 - 3,258 3% Teen Young Adult Village 190 -122 100,000 - - - 0% Children's Museum Enhancement Project 190 -125 114,000 0% Tennis Court Surfacing -Earle Stanley Gardner Middle School 190 -126 47,000 40,590 - 40,590 86% Flood Control Channel Reconstruction and Repair 190 -127 250,000 35,841 35,841 14% Tennis Court Lighting- Great Oak High School 190 -128 449,500 8,708 15,422 24,130 5% Inclusive Play Structure at Patricia H Birdsall Sport Park 190 -129 397,000 7,314 7,314 2% Parks Improvement Program 190 -130 300,000 172,120 123,963 296,083 99% Ronald Reagan Monument Site Preparation 190 -131 35,000 14,922 - 14,922 43% Senior Citizen Outdoor Fitness Lot 190 -133 55,500 3,200 3,200 6% Redhawk Park Improvements 190 -144 9,444 7,339 7,339 78% Reclaimed Water litigation Retrofit - Various Sites 190 -150 500,000 234 - 234 0% CRC Energy Management Retrofit 190 -152 442,500 430,808 - 430,808 97% Library Parking Expansion 190 -153 380,333 380,319 380,319 100% Margarita Road Right -of -Way Enhancements 190 -154 318,333 309,764 - 309,764 97% Water Slide Replacement CRC Pool 190 -156 157,054 153,955 176 154,131 98% Old Town Gymnasium 190 -186 745,957 75,310 86,514 161,824 22% Ronald Reagan Sports Park Channel Silt Removal and Desalting Pond 190 -187 198,424 27,164 105,610 132,774 67% Temecula Community Center Expansion 190 -197 1,562 1,086 - 1,086 70% Temecula Children's Museum Refurbish 190 -675 16,325 0% TOTAL EXPENDITURES 86,329,698 18,006,722 $ 37,773,715 $ 55,669,304 64% Revenues Over /(Under) Expenditures (1,947,467) (578,821) Other Financing Sources(uses): Transfer out (259,516) (259,516) Revenues Over /(Under) Expenditures and Other Financing Sources(uses) (2,206,983) (838,337) Beginning Fund Balance as of 7/01/2011 14,748,527 14, 748,527 Ending Fund Balance as of 6/30/2012 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the Fiscal Year Ended June 30, 2012 Annual Account Year -to -Date % of Number Amended Activity Encumbrances Total Activity Budget Budget $ 12,541,544 $ 13,910,190 15 STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CERTIFICATES OF PARTICIPATION - DEBT SERVICE FUND -2008 REVENUES: Investment Interest Transfers In EXPENDITURES: for the Fiscal Year Ended June 30, 2012 TOTAL REVENUES Trustee Fees Debt Service Principal Debt Service Interest Debt Service Redemption costs TOTAL EXPENDITURES CITY OF TEMECULA Annual Amended Budget Total % of Activity Budget $ 1,262 $ 1,262 100% 23,715,330 23,715,330 100% 23,716,592 23,716,592 100% 2,500 2,500 100% 455,000 455,000 100% 563,919 563,919 100% 23,491,643 23,491,643 100% 24,513,062 24,513,062 100% Revenues Over /(Under) Expenditures and Other Financing Sources (uses) (796,470) (796,470) Beginning Fund Balance as of 7/01/2011 796,470 796,470 Ending Fund Balance as of 6/30/2012 $ $ 16 REVENUES: Bond Proceeds Transfes In EXPENDITURES: CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL 2011 Financing Lease 2001 & 2008 COP'S for the Fiscal Year Ended June 30, 2012 TOTAL REVENUES Annual Amended Budget $ 26,835,001 $ 26,835,000 100% 688,461 686,910 100% 27,523,462 27,521,910 100% Debt Service Principal 189,000 189,000 100% Debt Service Interest 499,461 499,441 100% Cost of Issuance 208,779 207,243 99% TOTAL EXPENDITURES 897,240 895,684 100% Revenues Over /(Under) Expenditures 26,626,222 26,626,226 Other Financing Sources (uses): Transfers Out (26,626,222) (26,626,221) 100% Revenues Over /(Under) Other Financing Sources (uses) 5 Beginning Fund Balance as of 7/01/2011 Ending Fund Balance as of 6/30/2012 $ $ 5 17 Total Percentage of Activity Budget ASSETS: Cash and Investments $ 569,698 $ 1,198,953 $ 810,329 $ 445,109 $ 407,862 $ 3,431,951 Receivables 802 2,439 4,945 1,571 1,718 11,475 Prepaid Assets 343,823 - - - 343,823 Property, Plant, and Equipment (net of accumulated depreciation) TOTAL ASSETS LIABILITIES AND NET ASSETS LIABILITIES: Current Liabilities Capital Leases Payable TOTAL LIABILITIES NET ASSETS: TOTAL NET ASSETS NOTE: Balances are unaudited COMBINING STATEMENT OF NET ASSETS as of June 30, 2012 Vehicles and Information Insurance Support Fund Equipment Technology Services Fund Facilities Fund TOTAL Fund Fund 914,323 1,794,032 944,435 527,012 409,580 4,589,382 330,221 - 207,563 44,060 - - - 112,908 330,221 CITY OF TEMECULA - 592,640 129,161 80,332 - 802,133 18 132,315 714,159 112,908 207,563 156,968 132,315 827,067 $ 584,102 $ 1,794,032 $ 736,872 $ 370,044 $ 277,265 $ 3,762,315 REVENUES: EXPENSES: Insurance Fund CITY OF TEMECULA COMBINING STATEMENT OF REVENUES, EXPENSES, and CHANGES IN NET ASSETS INTERNAL SERVICE FUNDS for the Fiscal Year Ended June 30, 2012 Vehicles and Information Equipment Technology Fund Fund Investment Interest $ 4,826 $ 9,412 $ 4,602 $ 3,163 $ 1,761 $ 23,764 Charges for Services 856,907 317,620 1,897,043 419,190 1,183,646 4,674,406 TOTAL REVENUES 861,733 327,032 1,901,645 422,353 1,185,407 4,698,170 Salaries and Wages 63,467 1,135,352 245,868 585,424 2,030,111 Operating Expenses 794,424 689,227 87,464 546,273 2,117,388 Interest - - 13,049 - 13,049 Depreciation - 192,500 74,314 40,513 - 307,327 TOTAL EXPENSES 857,891 192,500 1,898,893 386,894 1,131,697 4,467,875 Revenues Over /(Under) Expenses 3,842 134,532 2,752 35,459 53,710 230,295 Net Assets as of July 01, 2011 580,260 1,659,500 734,120 334,585 223,555 3,532,020 Net Assets as of June 30, 2012 $ 584,102 $ 1,794,032 $ 736,872 $ 370,044 $ 277,265 $ 3,762,315 19 Support Facilities Services Fund Fund TOTAL CITY OF TEMECULA STATEMENT OF NET ASSETS - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND as of June 30, 2012 ASSETS: Cash and Investments $ 4,179,156 TOTAL ASSETS 4,179,156 LIABILITIES: Accounts Payable NET ASSETS: TOTAL LIABILITIES Held in Trust for Retiree Benefits TOTAL NET ASSETS NOTE: Balances are unaudited 20 CERBT FUND 4,179,156 4,179,156 $ 4,179,156 ADDITIONS CONTRIBUTIONS: Employer Investment Earnings DEDUCTIONS: CITY OF TEMECULA STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND for the Fiscal Year Ended June 30, 2012 21 CERBT FUND $ 314,575 1350 TOTAL CONTRIBUTIONS 315925 Benefits 314,575 TOTAL DEDUCTIONS 314,575 TOTAL ADDITIONS - Net Assets as of 7/1/2011 4,177,806 Net Assets as of 6/30/2012 $ 4,179,156 ASSETS: CITY OF TEMECULA BALANCE SHEET CITY HOUSING FUND As of June 30, 2012 Cash and Investments $ 6,054,165 Receivables 18,255,629 Advances to SARDA - SERAF 5,250,954 Land Held for Resale 4,400,388 TOTAL ASSETS $ 33,961,136 LIABILITIES AND FUND BALANCES LIABI LITI ES: Other Current Liabilities Deferred Revenue TOTAL LIABILITIES 23,887,896 FUND BALANCES: Nonspendable: Advances to other funds Land held for resale Notes and loans Restricted for: Community Development Projects TOTAL FUND BALANCES TOTAL LIABILITIES and FUND BALANCES 22 $ 5,980,267 17,907,629 5,250,954 4,400,388 347,700 74,198 10,073,240 $ 33,961,136 STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE CITY HOUSING FUND For the Fiscal Year Ended June 30, 2012 REVENUES: Investment Interest $ 15,209 Loan Interest / Forgivable Loans 36,552 Contribution from Revelopment Prop Tax Fund 125,000 Monitoring Fees 10,032 Reimbursements 172,186 EXPENDITURES: OPERATING EXPENDITURES: Salaries and Benefits Operating and Administrative Expenditures TOTAL EXPENDITURES: Revenues Over/(Under) Expenditures Extraordinary Gain - Dissolution of RDA Beginning Fund Balance as of July 1, 2011 Ending Fund Balance as of June 30, 2012 CITY OF TEMECULA TOTAL REVENUES 358,979 23 Year-to-Date Activity 243,013 200,326 443,339 (84,360) 10,157, 600 $ 10,073,240 Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Steve Gallegos, Fire Chief DATE: October 9, 2012 SUBJECT: Approve an expenditure with Zoll Medical Corporation Approvals City Attorney Chief Financial Officer City Manager PREPARED BY: Becky Obmann, Administrative Assistant RECOMMENDATION: 1. Approve the purchase of two manual defibrillators in the amount of $38,573.57; 2. Approve an annual expenditure of $70,000 with Zoll Medical Corporation for medical equipment and supplies. BACKGROUND: Zoll Medical Corporation is the current contracted vendor with Riverside County Fire for medical equipment and supplies and the sole source vendor for ACLS Manual Defibrillators. The City can utilize the County contract agreement to purchase the paramedic monitors, equipment and medical supplies. Manufacturer recommendation is that paramedic manual defibrillators be replaced every five years in order to ensure optimal clinical use and capability. By maintaining a five year replacement schedule the City Paramedic Program will have the most up to date technology available. Proper replacement of medical equipment and utilizing current technology will allow us to provide the highest standard of medical care and service delivery to our citizens. Zoll will provide a $14,000 discount on the purchase price with the exchange of two of our most heavily used and outdated monitors bringing the purchase price down to $38,573.57 for two monitors. Additional purchase orders for medical supplies and small medical equipment will be opened throughout Fiscal Year 2012 -13 so that medical supplies and equipment levels can be maintained and ordered as needed. FISCAL IMPACT: Total expenditures including medical equipment, supplies and the purchase of two paramedic monitors shall not exceed $70,000 for Fiscal Year 2012 -13. Adequate funds are available in the Fire Department's Annual Operating budget. ATTACHMENTS: Riverside County Fire Agreement with Zoll Medical Corporation Purchase Agreement FPARC- 46514 -001 - Effective as of February, 1, 2011 (the "Effective Date "), ZOLL® Medical Corporation, a Massachusetts corporation ( "ZOLL "), and Riverside County Fire, CA ( "Customer ") agree to the following terms and conditions with respect to the purchase of ZOLL products ( "Products ") as set forth in this agreement. Committed Discount: In consideration for the discount pricing listed in Exhibit A, the Customer agrees to the following discount commitment: • Customer agrees to commit 100% of its defibrillator business with ZOLL, and work with ZOLL as a sole source supplier for its defibrillator equipment, accessories, and supplies during the contract period of performance. ZOLL shall honor same pricing including discounts to other public agencies as stated in Section 21 of County of Riverside General Conditions. Pricing: No price increases will be permitted during the first year of this Agreement. All price decreases (for example, if CONTRACTOR offers lower prices to another governmental entity under similar circumstances and conditions) will automatically be extended to the COUNTY. The COUNTY requires written proof satisfactory to COUNTY of cost increases prior to any approved price adjustment. After the first year of the award, a minimum of 30 -days advance notice in writing is required to be considered and approved by COUNTY. No retroactive price adjustments will be considered. Any price increases must be stated in a written amendment to this Agreement. Annual increases shall not exceed the Consumer Price Index - All Consumers, All Items - Greater Los Angeles, Riverside and Orange County areas for equipment and parts specified in contract and be subject to satisfactory performance review by the COUNTY and approved (if needed) for budget funding by the Board of Supervisors Commitment Performance: Prior to expiration of each fiscaUcalendar year during the term of this Agreement, the parties shall meet to review the progress in meeting the applicable commitments listed in this agreement. Failure to meet the commitments listed above may result in pricing changes or the termination of this agreement. Payment Terms: Payment terms shall be Net thirty (30) days after receipt of shipment. If ZOLL provides a prompt payment discount, the County of Riverside may choose to exercise such option. Additional Terms: County of Riverside standard terms and conditions (Exhibit B) shall apply. In the event that the terms and conditions of this Agreement conflict with ZOLL's standard terms and conditions, this County's Agreement shall govern. Any additional or different terms, will be of no effect unless agreed to in writing by both parties. Term of Agreement: This agreement shall be for a period of five (5) years, renewable in one (1) year increments with no commitment by the County of Riverside for any specified purchase or dollar amount during the contract period. Either party may terminate this Agreement by delivering not less than sixty (60) days prior written notice thereof to the other party. Warranty: In addition to the one (1) year warranty provided by ZOLL, the County of Riverside has the option to purchase an extended warranty at anytime during the contract period. Trade -in: ZOLL shall provide a trade -in allowance for defibrillators based on fair market value. rEB 01 Mt a?- Batteries: When Customer purchases a battery replacement, ZOLL will take back the old battery and dispose of it under said agreement. Confidentiality: The parties shall hold in strictest confidence the terms of this agreement and any information and material which is related to either Customer or ZOLL's business or is designated by either Customer or ZOLL as proprietary and confidential. It is understood that this confidentiality clause does not include information which: (i) is now or hereafter in the public domain through no fault of the party being provided the confidential information; (ii) prior to disclosure hereunder, is property within the rightful possession of the party being provided the confidential information; (iii) subsequent to disclosure hereunder, is lawfully received from a third party with no restriction on further disclosure; or (iv) is obligated to be produced under order of a court of competent jurisdiction, unless made the subject of a confidentiality agreement or productive order in connection with such proceeding. Customer and ZOLL hereby covenant that each shall not disclose such information to any third party without prior written authorization of the other. Shipping and Passage of Title: All Products purchased hereunder shall be shipped FOB Destination. ZOLL shall pay for standard freight. Title to the Products purchased shall pass to Customer upon delivery and receipt of product(s). IN WITNESS WHEREOF, the undersigned duly authorized representatives of the parties have executed this Purchas g Agreement as of the date appearing below their respective signatures. Print a e: tv1,rke ( 1 Title: Y Q (' u S 1,A5 5(1112j Phone: C\ ( )( A-491‘ --cl Date: FPARC- 46514 - 001 -01/12 Riverside Count Fire, CA o By: Print Name: BOB BUSTER H L7 Title: CHAIRMAN. BOARD OF SUPERVISORS Q Y Phone: Date: FEB 0 I 2011 Please sign and return to Darren Dumas. Contracts Coordinator via fax or email or mail: FAX: 978 - 421 -0005 EMAIL: DDumas@ZOLL.Com MAIL : Darren Dumas Contracts Coordinator ZOLL Medical Corporation Worldwide Headquarters 269 Mill Road Chelmsford, MA 01824 — 4105 AFB 01 7011 a � CO FPARC - 46514- 001 -01 / 12 EXHIBIT A Contract Pricing Riverside County Fire Department Standard Paramedic Monitor Description. E Series ACLS Manual with See -Thru CPR®, Real CPR Help() and Advisory Capabilities; plus AC Power, Printer, Protocol Assist Code Markers and GPS Clock Auto Sync Includes: TriMode Display, 3 -lead ECG Patient Cable, Universal Cable, Two Rechargeable Sealed Lead Acid Batteries, RS -232 Data Transfer Port. Rugged Soft Pack Carry Case and Rapid Cable Deployment System, AC Power Cord, 12" AC Extension Cable, One Package of Recorder Paper, Two PCMCIA Card Slots, Operator's Manual, and Standard One (1) Year Warranty for EMS Use. Noninvasive Pacing, Sp02 (comes with EtCO2 port), 12 -lead ECG with 1 -Step Patient Cable and Integrated Bluetooth Part # Description List Discount% Discount $ Price * 5 -0211- 3100 - 2012 -4013 E Series Defibrillator $22,175 33% $7.317.75 $14,857.25 • EXCLUDES 8.75% TAX • 33% discount on E Series Defibrillators, batteries, battery chargers, electrodes. & supplies • 33% discount on E Series SurePower Rechargeable Lithium Ion Battery pack • Seven (7) tech service loaner E Series units • Free standard freight on capital purchases & supplies • 125 free CPR connector adapters 8000 -0370 • New E- Series Carry Case (8000- 0935 -01) can be substituted for existing bag at no charge with capital purchases Additional Discounts on: Part # Description 8900 - 0810 -01 Pedi -Padz II (Pair) 7777 -0138 E Series Bluetooth Upgrade 7777 -0390 E Series SpCO Upgrade 7777 -0125 NIBP (must have SPO2) 8778-0114 1 YEAR, 1 PREVENTATIVE MAINTENANCE 8778 -1222 1 YEAR, 2 PREVENTATIVE MAINTENANCE List $95.00 $1,795.00 $4,995.00 $5,000.00 $230.00 $450.00 Discount% 45.84% 33.15% 35.94% 36.00% 6.52% 5% FYARC- 46514 - 001 -01/12 Discount$ Price $43.55 $51.45 $595.00 81,200.00 $1,795.00 $3,200.00 $1,800.00 $3,200.00 515.00 8215.00 520.00 $430.00 5 0 1 1 1 8 1 0 0 2 0 1 6 4 0 1 3 Noninvasive Pacing, NIBP wl Adult -Plus cuff and hose. SpO 2 and SpCO (comes with EtCO port). 12 -lead ECG with 1 -Step Patient Cable and Integrated Bluetooth 528,620 519.175.40 5 0 1 1 0 8 1 0 0 1 0 1 6 4 0 1 3 Noninvasive Pacing, NIBP w/ Adult -Plus cuff and hose, SpC 2 and SpCO (comes with EtCO2 port) 520,290 613,594.30 5 0 1 1 1 7 1 0 0 2 0 1 6 4 0 1 3 Noninvasive Pacing, NIBP w/ Adult -Plus cuff and hose. SpO 2 (comes with EtCO2 port). 12 -lead ECG with 1 -Step Patient Cable and Integrated Bluetooth 525,875 517,336.25 5 0 1 1 0 7 1 0 0 1 0 1 6 4 0 1 3 Noninvasive Pacing, NIBP w/ Adult -Plus cuff and hose, SpO 2 (comes with EtCO2 port) 517.565 511.755.15 5 0 1 1 1 4 1 0 0 2 0 1 6 4 0 1 3 Noninvasive Pacing, SpO and SpCO (comes with EtCO2 port), 12 -lead ECG with 1 -Step Patient Cable and Integrated Bluetooth 525.545 517,115.15 5 0 1 1 0 4 1 0 0 1 0 1 6 4 0 1 3 Noninvasive Pacing, SpO and SpCO (comes with EtCO2 port) 517.220 611,537.40 5 0 1 1 1 3 1 0 0 2 0 1 6 4 0 1 3 Noninvasive Pacing, Sp02 (comes with EtCO2 port), 12 -lead ECG with 1 -Step Patient Cable and Integrated Bluetooth S22.800 615,276.00 5 0 1 1 0 3 1 0 0 1 0 1 6 4 0 1 3 Noninvasive Pacing and Sp02 (comes with EtCO2 port) 514,475 59,698.25 5 0 1 0 1 0 1 0 0 2 0 1 6 4 0 1 3 Noninvasive Pacing, 12 -lead ECG with 1 -Step Patient Cable and Integrated Bluetooth 521,595 514,468.65 5 0 1 0 0 0 1 0 0 1 0 1 6 4 0 1 3 Noninvasive Pacing 513.295 58,907.65 5 0 1 1 1 8 1 0 0 2 0 0 6 4 0 1 3 NIBP w,' Adult -Plus cuff and hose, Sp0 and SpCO (comes with EtCO2 port). 12• lead ECG with 1 -Step Patient Cable and Integrated Bluetooth 526.545 517.785.15 5 0 1 1 0 8 1 0 0 1 0 0 6 4 0 1 3 NIBP w/ Adult -Plus cuff and hose. Sp02 and SpCO (comes with EtCO2 port) 518,245 512,224.15 5 0 1 1 1 7 1 0 0 2 0 0 6 4 0 1 3 NIBP w/ Adult -Plus cuff and hose, SpO2 (comes with EtCO port). 12 -lead ECG with 1 -Step Patient Cable and Integrated Bluetooth 523.800 515.946.00 5 0 1 1 0 7 1 0 0 1 0 0 6 4 0 1 3 NIBP w/ Adult -Plus cuff and hose and Sp02 (comes with EtCO2 port) 515,500 510,385.00 5 0 1 1 1 4 1 0 0 2 0 0 6 4 0 1 3 Sp0 and SpCO (comes with EtCO port), 12 -lead ECG with 1 -Step Patient Cable and Integrated Bluetooth 523,490 615,738.30 5 0 1 1 0 4 1 0 0 1 0 0 6 4 0 1 3 Sp0 and SpCO (comes with EtCO port) 515,190 510,177.30 5 0 1 1 1 3 1 0 0 2 0 0 6 4 0 1 3 Sp0 (comes with EtCO port), 12 -lead ECG with 1 -Step Patient Cable and Integrated Bluetooth 520,745 513,899.15 5 0 1 1 0 3 1 0 0 1 0 0 6 4 0 1 3 Sp02 (comes with EtCO2 port) 512.445 58,338.15 u> 1 0 1 0 1 0 1 0 0 2 0 0 6 4 0 1 3 12 -lead ECG with 1 -step Patient Cable and Integrated Bluetooth 519,525 S13,081.75 E Series ' F a!tl_ 1 2 2 4 5 8 7 8 9 10 11 12 12 14 15 16 17 5 0 1 0 0 0 1 0 0 1 0 0 6 4 0 1 3 E Series AED EMS Price List - Revised 9- 24-10 Pr�L� Lusk E Series AED with Manual Override, AC Power, Printer, Protocol Assist Codemarkers and GPS Clock Auto Sync includes TrMooe Display, 3 -lead ECG Pabent Cable, Urversal Caoie, Two Recnargeable Sexed Lead Add Batteries, RS -232 Data Transfer Port, Rugged SoftPack Carry Case and Rapid Cable Deployment System. AC Power Cord, 12" AC Extension Cable. One Package of Recorder Paper, Two PCMCIA Card Slots, Operator's Manual. and Standard One (1) Year Warranty for EMS Use Options List Price Riverside County 511,195 57,500.65 rage1of83 5 0 2 1 1 8 1 0 0 2 0 1 2 4 0 1 3 Noninvasive Pacing. NIBP w/ Adult -Plus cuff and hose. SpC 7 and SpCO (comes w EtCO port). 12 -lead ECG with 1 -Step Patient Cable and Integrated B luetcoth 527.890 $18,753.30 5 0 2 1 0 8 1 0 0 1 0 1 2 4 0 1 3 Noninvasive Pacing. NIBP w/ Adult -Pius cuff and hose, SpO 2 and SpCO (comes with EtCO port) 519.690 $13,192.30 5 0 2 1 1 7 1 0 0 2 0 1 2 4 0 1 3 Noninvasive Pacing, NIBP w/ Adult -Plus cuff and hose, SpO 2 (comes with EtCO2 port). 12 -lead ECG with 1 -Step Patient Cable and Integrated Bluetooth 525,245 $16,914.15 5 0 2 1 0 7 1 0 0 1 0 1 2 4 0 1 3 Noninvasive Pacing, NIBP w/ Adult -Plus cuff and hose. SpO 2 (comes with EtCO2 p0r1) 516.945 511,353.15 5 0 2 1 1 4 1 0 0 2 0 1 2 4 0 1 3 Noninvasive Pacing, Sp0 and SpCO (comes with EtCO port). 12 -lead ECG with 1 -Step Patient Cable and Integrated Bluetooth 524,420 516,361.40 5 0 2 1 0 4 1 0 0 1 0 1 2 4 0 1 3 Noninvasive Pacing, Sp0 and SpCO (comes with EtCO port) 516,590 511,115.30 5 5 0 0 2 2 1 0 1 0 3 0 1 1 0 0 0 0 2 1 0 0 1 1 2 2 4 4 0 0 1 1 3 3 Noninvasive Pacing, Sp0 (comes with EtCO port), 12 -lead ECG with 1 -Step Patient Cable and Integrated Bluetooth 522,175 514,857.25 Noninvasive Pacing 512,650 58,475.50 5 0 2 0 1 0 1 0 0 2 0 1 2 4 0 1 3 Noninvasive Paring, 12 -lead ECG with 1 -Step Patient Cable and Integrated Bluetooth 520,975 514,053.25 5 0 2 1 0 3 1 0 0 1 0 0 2 4 0 1 3 SpO, (comes with EtCO port) 511,800 57,906.00 5 0 2 1 1 8 1 0 0 2 0 0 2 4 0 1 3 NIBP w/ Adult -Plus cuff and hose. Sp02 and SpCO (comes with EtCO2 port), 12• lead ECG with 1 -Step Patient Cable and Integrated Bluetooth 525,970 517,399.90 5 0 2 1 0 8 1 0 0 1 0 0 2 4 0 1 3 NIBP w/ Adult -Plus cuff and hose, Sp0 and SpCO (comes with EtCO2 port) 517,620 511,805.40 5 0 2 1 1 7 1 0 0 2 0 0 2 4 0 1 3 NIBP wf Adult -Plus cuff and hose, Sp02 (comes with EtCO2 port), 12 -lead ECG with 1 -Step Patient Cable and Integrated Bluetooth 523,225 515,560.75 5 0 2 1 0 7 1 0 0 1 0 0 2 4 0 1 3 NIBP w/ Adult -Plus cuff and hose and Sp02 (comes with EtCO port) 514,875 59,966.25 5 0 2 1 0 3 1 0 0 1 0 1 2 4 0 1 3 Noninvasive Pacing and Sp02 (comes with EtCO2 port) 513,845 59,276.15 5 0 2 1 1 3 1 0 0 2 0 0 2 4 0 1 3 Sp02 (comes with EtCO port). 12 -lead ECG with 1 -Step Patient Cable and Integrated Bluetooth 520,100 513,467.00 5 0 2 1 0 4 1 0 0 1 0 0 2 4 0 1 3 Sp0 and SpCO (comes with EtCO port) 511,545 57.735.15 5 0 2 0 1 0 1 0 0 2 0 0 2 4 0 1 3 12 lead ECG with 1 -Step Patient Cable and Integrated Bluetooth 518,925 512,679.75 E Series E Series 1 7 3 4 5 6 7 6 9 10 11 12 12 14 15 16 17 5 0 2 0 0 0 1 0 0 1 0 0 2 4 0 1 3 E Series ACLS EMS Pnce List - Revised 9 -24-10 E Series ACLS Manual with See -Thru CPR Real CPR Help` and Advisory Capabilities; plus AC Power. Printer, Protocol Assist Code Markers and GPS Clock Auto Sync Includes. TnMode Display. 3 -lead ECG Patient Cable, Universal Cable, Two Rechargeable Sealec Lead Acid Battenas, RS - 232 Data Transfer Port, Rugged SottPack Carry Case and Rapid Cable Deployment System. AC Power Cord, 12" AC Extension Cable, One Package of Recorder Paper, Two PCMCIA Card Slots, Operator's Manual, and Standara One (1) Year Warranty for EMS Use Oo hons List Pr Riverside County 510,595 57,098.65 Page 2 of 13 1 To order E Series CAPNO 5'" Mainstream Sensor please quote Part # 8000.0312 as additional line item at 54,775. The E Series must also have the SpO, option. 2 To order E Series CAPNO 5'" Sidestream Module please quote Part # 8000 -0367 as additional line item at 54.775. The E Series must also have the SpO, option. 3 To order both E Series CAPNO 5'" Mainstream Sensor and CAPNO 5 - " Sidestream Module together at the same time, please quote both Part # 8000 -0312 and 8000-0367 as additional line items at a price of 54,775 each. This provides a bundled price for both of 59,550. The E Series must also have the SpO, option. 4 When ordering new E Series with Sp0,, Sp0 +SpCO, or Sp0 +SpCO +SpMet. please quote the cablelsensor as a separate line item. 5 To add SpMet to new E Series with SpO, +SpCO, change digit 6 to a 5 and add 52,355 to list price. Must have SpO ; +SpCO for SpMet option 6 To add SpMet to new E Series with NIBP, Sp0 +SpCO, change digit 6 to a 9 and add 52,355 to list price. Must have SpO +SpCO for SpMet option. 7 All E Series units are configured with a biphasic waveform 8 To order Sealed Lead Acid batteries with built In DC Charger change digit 7 to a 2. 9 To order SurePower"' Rechargeable Lithium Ion Battery with built in AC Charger change digit 7 to a 3, and order SurePower'" Rechargeable Lithium Ion Battery (part # 8019- 0535 -01) as a separate line item at 5475. 10 To order SurePower'" Rechargeable Lithium Ion Battery with built in DC Charger change digit 7 to a 4, and order SurePower'" Rechargeable Lithium Ion Battery (part # 8019. 0535.01) as a separate line item at 5475. 11 Voice recording can be added to any E Series AED. This can be ordered by replacing digit 13 with a "7 ". Add 5545 to List Price. 12 Integrated Bluetooth option may be purchased by changing digit 10 to a 2 and adding 5700 per device. 13 To order the E Series Lithium Battery filler Kit please order Part 8 7777.0290 as a separate line item at 516 per kit. 14 To include paddle wells on the E Series, replace digit 17 with a 1. 16 To order Roll Cage with Long Side Bags, change digit 17 to a 2. 16 To order Rugged SoftPack Carry Case, change digit 17 to a 3. 17 To order Expanded Carry Case, change digit 17 to a 4, and add 5100. E Series`" nsiderations: ° /, dis count also applies to Items 1 throu 17 as listed below: E Series` Outer Housing Warranty ZOLL Medical Corporation warrants solely to the original purchaser of an E Series Defibrillator that if the E Series injection molded housing is cracked or damaged under normal operating conditions when housed in the Roll Cage system or Rugged SoftPack Carry Case, that ZOLL will repair or replace the injection molded enclosure at its option so as to return the enclosure to original factory condition This warranty is provided for the life on the E Series when the E Series is used under normal operating conditions. Additionally, this warranty includes the use of a loaner defibrillator during repair, the cost of shipping the damaged unit to ZOLL, and the cost of the return of the repaired or replacement unit to the original purchaser. This limited warranty is the sole warranty made with respect to the E Series Roll -cage system or Rugged SoftPack Carry Case and is expressly in lieu of any other warranty either stated or implied, including any implied warranty of merchantability. ZOLL expressly disclaims all liability for any special or consequential damages. Breakage or damage to the screen, recorder, electronic or other portion of the E Series defibrillator other than the injection- molded enclosure are specifically excluded from this limited warranty. EMS Price Lrst - Revised 9 -24-10 Riverside List Price County Page 3 0113 E Series EtCO Mainstream Sensor and LoFlo EtCO Module Warranty ZOLL Medical Corporation warrants solely to the original purchaser of an M Series, M Series CCT, or E Series' defibrillator that if an EtCO Mainstream Sensor or LoFlo EtCO Module used with a ZOLL defibrillator fails under normal operating conditions, ZOLL will either replace or repair the defective Mainstream EtCO sensor or LoFlo EtCO2 Module at ZOLL's option. This limited lifetime warranty begins from the original date of purchase of the EtCO Mainstream Sensor or LoFlo EtCO Module. The foregoing warranty constitutes the exclusive remedy of the customer and the exclusive liability of ZOLL Medical Corporation for any breach of warranty related to the EtCO Mainstream Sensor or LoFlo EtCO Module supplied hereunder ZOLL Medical Corporation expressly disclaims all other warranties whether written, oral, implied or statutory, included but not limited to any warranties of merchantability or fitness for a particular purpose. List Price Riverside County EMS Fnce List - Revised 9 -24 -10 Page 4 0113 ZOLL E Series® M Series® Accessories Rivers ide List Price County E Series Carry Bags 8000 -0910 Top Bag (Roll Cage) 5130 587.10 8000-0911 Rear Bag (Roll Cage) 5145 $97.15 8000 -0912 Short Right Bag (Roll Cage) 580 553.60 8000 -0913 Short Left Bag (Roll Cage) 580 553.60 8000-0914 Shoulder Strap (Roll Cage) 535 523.45 8000.0915 Rall to Top Bag Snaps (Roll Cage) 530 520.10 8000 -0916 Complete Bag Set (Roll Cage) $ 375 5251.25 8000 -0917 Long Right Bag (Roll Cage) 580 553.60 8000-0918 Long Left Bag (Roll Cage) 580 553.60 8000 -0919 Complete Bag Set for Roll Cage with Long Side Bags (Roll Cage) 5375 5251.25 8000- 0931 -01 Rugged SotIPack Carry Case (Includes kickstand) 5375 5251.25 8000-0935-01 Expanded Rugged SoltPack Carry Case (Includes kickstand) $475 5318.25 8000 - 0933 -01 Soft Case Flap for E Senes 555 536.85 8000 -0921 Replacement Kick Stand for E Series with Soft Case 530 520.10 E Series Brackets (For Use with E- Series Roll Cage Versions Only) 6000 -9007 E Series Bracket K4, AC Power, with Swivel (includes swivel plate & bracket manual) 5925 5619.75 8000 -9008 E Series Bracket Kit, DC Power, with Swivel (includes swivel plate 8 bracket manual) 5925 5619.75 8000 -9009 E Series Bracket Kit, No Power. with Swivel (includes swivel plate 8 bracket manual) 5875 5586.25 8000 -9011 E Series Bracket. AC Power, No Swivel 5675 5452.25 8000 -9012 E Series Bracket. DC Power, No Swivel 5675 5452.25 8000 -9013 E Senes Bracket, No Power, No Swivel S625 5418.75 8000-9014 E Series Swivel Plate 5235 5157.45 9650 - 9010 -40 E Senes Bracket Manual 530 520.10 M Series Carry Cases 8000- 0593 -01 Xtreme Pack I Carry Case, Soft case with expanded rear and side pouches for use with hands -free defibnflation (red) 5350 5234.50 8000 -0594 -01 Xtreme Pack I Carry Case, Soft case with expanded rear pouch for use with paddles (red) $350 $234.50 8000- 0592 -01 Xtreme Pack II Carry Case, molded rubber case with rear pouch for use with paddles $530 5355.10 8000 - 0595 -01 Xtreme Pack 11 Carry Case, molded rubber case with rear and side pockets for use with hands -free defibnualion $530 5355.10 8000 0742 Xtreme Pack II Carry Case, molded rubber case with rear pouch for use with paddles and modem extension cable for 12- 5635 $425.45 lead 8000 -0743 Xtreme Pack II Carry Case, molded rubber case with rear and side pockets for use with hands-free defibrillation and 5635 $425.45 modem extension cable for 12 -lead 8000 -0056 -01 Primary Carry Case. Blue Canvas S160 5107.20 ZOLL E Series / M Series Accessories M Series Carry Cases with NIBP Module 8000 -0660 Xtreme Pack I Carry Case, Soft case with expanded rear and side pouches for use with hands -free defibrillation and NIBP $350 5234.50 8000 -0657 Xtreme Pack II Carry Case. molded rubber case with rear and side pockets for use with hands -free defibrillation and NIBP $530 5355.10 8000 -0740 Xtreme Pack II Carry Case, molded rubber case with rear pouch for use with paddles and modem extension cable for 12- lead and NIBP 5635 5425.45 Xtreme Pack II Carry Case, molded rubber case with rear pouch and side pockets for use with hands -free defibrillation 8000 -0741 with modem extension cable for 12 -lead and NIBP 5650 5435.50 8000 -0881 Xtreme Pack I Carry Case, Soft case with expanded rear poucn for use with paddles and NIBP 5350 5234.50 8000 -0656 Xtreme Pack 11 Carry Case, molded rubber case with rear pouch for use with paddles and NIBP 5530 5355.10 EMS Price List - Raised 9.24.10 Page 5 of 13 ZOLL E Series® / M Series® Accessories Riverside List Price County CCT Carry Cases without Blood Pressure 8000 -0700 Xtreme Pack II Carry Case for CCT with rear pouch for use with paddles 5530 5355.10 8000 -0701 Xtreme Pack II Carry Case for CCT with rear and side pockets for use with hands -free defibrillation 5530 5355.10 8000 -0746 Xtreme Pack II Carry Case for CCT with modern extension cable for 12 -lead and rear pouch for use with paddles 5635 5425.45 8000 -0747 Xtreme Pack II Carry Case for CCT with modem extension cable for 12 -lead and rear and side pockets for use with hands- 5635 5425.45 free defibrillation 8000 -0726 Xtreme Pack I Carry Case for CCT with rear pouch for use with paddles 5350 5234.50 8000 -0727 Xtreme Pack I Carry Case for CCT with rear and side pockets for use with hands -free defibrillation 5350 5234.50 CCT Carry Cases with NIBP /IBP Module 8000 -0704 Xtreme Pack 0 Carry Case for CCT with rear pouch for use with paddles, NIBP $530 5355.10 8000 -0705 Xtreme Pack 11 Carry Case for CCT with rear and side pockets for use with hands -free defibrillation. NIBP 5530 5355.10 8000-0748 Xtreme Pack 11 Carry Case for CCT with modem extension cable for 12 -lead and rear pouch for use with paddles, NIBP 5635 5425.45 8000 -0749 Xtreme Pack 11 Carry Case for CCT with modem extension cable for 12 -lead and rear and side pockets for use with hands- 5635 5425.45 free defibnllation, NIBP 8000 -0728 Xlreme Pack I Carry Case for CCT with rear pouch for use with paddles, NIBP 5350 5234.50 8000.0729 Xlreme Pack I Carry Case for CCT with rear and side pockets for use with hands -free defibrillation, NIBP 5350 5234.50 M Series Carry Cases with XL Upgrade 8000 -0744 Xlrerne Pack 11 Carry Case. XL with rear pouch for use with paddles (formerly 8000 - 0083 -01) 5530 5355.10 8000 -0745 Xtreme Pack 11 Carry Case, XL with rear and side pockets for use with hands -free defibrillation (8000- 0084 -01) 5530 5355.10 8000 -0751 Xtreme Pack II Carry Case. XL with modem extension cable for 12 -lead and rear pouch for use with paddles 5635 842545 8000-0752 Xtreme Pack 11 Carry Case, XL with modem extension cable for 12 -lead and rear and side pockets for use with hands -free 5635 5425.45 defibrillation 8000 -0717 Xtreme Pack 11 Carry Case. XL with rear pouch for use with paddles, NIBP 5530 5355.10 8000 -0718 Xlreme Pack 11 Carry Case, XL with rear and side pockets for use with hands -free defibrillation, NIBP 5530 5355.10 8000 -0753 Xlreme Pack 11 Can Case, XL with modern extension cable for 12 -lead and rear pouch for use with paddles. NIBP 5635 5425.45 8000-0754 Xtreme Pack 11 Cary Case. XL with modem extension cable for 12 -lead and rear and side pockets for use with hands -free 5635 5425.45 defibrillation. NIBP Note: Xtreme Pack 11 Cary Case (all models) Includes: lifetime warranty covering defibrillator housing See separate warranty statement on page 8 for details M Series / CCT Case Accessories 8000 - 05913 -01 V able management accessory pouch 555 $36.85 8000 - 0092 -01 Replacement rear pouch for Xtreme Pack 11 $90 560.30 8000. 0095 -01 Replacement rear pouch with side pockets for Xtreme Pack II 5160 5107.20 7777 -0129 Xtreme Pack 11 Upgrade for 12 4ead, includes base and modem extension cable 5210 5140.70 8000-0096 Replacement front Flap for Xtreme Pack II with NIBP $45 530.15 8000 -0097 Replacement front Flap for Xtreme Pack 11 545 530.15 8000 -0735 Replacement carry Strap 537 524.79 ZOLL E Series / M Series Accessories Cables 8000- 0308 -01 Universal Cable, (standard 8' cable) allows use of Paddles or Multi- Function Electrodes. Replacement 5135 590.45 8000- 0308 -02 Universal Cable 12' extended model, allows use of Paddles or Multi- Functlon Electrodes, Replacement 5185 5123.95 8000-1005-01 5 -lead Patient Cable with integral lead wires 5160 5107.20 8000 - 1007 -01 1 Step Patient Cable for 12 -lead ECG with limb leads and v leads (10 ft ) 5315 5211.05 8000 - 1007 -02 1 Step Patient Cable for 12 -lead ECG with limb leads and v leads ( 7 ft) 5315 5211.05 8000-1006 Limb Lead Patient Cable for 12 -lead ECG (10 ft) 5160 5107.20 8000- 1006 -02 Limb Lead Patient Cable for 12 -lead ECG ( 711) 5160 5107.20 8000 - 1008 -01 V Lead Patient Cable for 12 -1030 ECG ( 15 R) 5185 5123.95 8000-1008-02 V Lead Patient Cable for 12 -lead ECG (2.5 ft) 5185 8123.95 8012 -0208 V Lead Patient Cable with banana plugs 5185 5123.95 8012 -0209 Alligator Clips (for patient cables with banana plugs) $50 533.50 EMS Pn List - Rewsed 9 -24.10 Page 6 of 13 ZOLL E Series® / M Series® Accessories Riverside List Price County 8000-0771 Bed dip for 12 Load ECG Patient Cable (10 per pack) 550 533.50 8000 -0772 6 -Lead wire organizer for v -lead cable for 12 -lead ECG Patient Cable (10 per pad() 525 516.75 8000 -0773 4 -Lead wire organizer for Limb lead cable for 12 -lead ECG Patient Cable (10 per pack) 520 513.40 8000-0780 Replacement RJ -11 Phone Cable 525 516.75 8000-0605-01 RS232 Data Transfer Cable $55 536.85 8000 -0025 Replacement 3-lead ECG Patient Cable, 12 ft. (ships standard with Hospital M Series) 5135 590.45 8000 - 0025 -02 Replacement 3-lead ECG Patient Cable, 6 R. (ships standard with EMS M Series) 5100 567.00 8000 -0730 AC Extension Cable for E Series and M Series(12 ") 527 518.09 AC Extension Cable Strain Relief Kit for E Series. Strain relief designed to hold AC power extension cord for use with 7775 -0002 the E Senes Defibrillator/Monitor firmly in place. Contains strain relief screws (2) and instructions for use. Does not 512 58 04 include AC Extension cable 8000-0086 12-lead Modem Extension Cable Revision B, for use with the Ositech Cellular Ready Modem and the Viking Cellular 5135 590.45 Ready Modems only For M Senes and CCT ONLY 8000 -0465 RS232 / Serial to USB Data Transfer Cable for E Series and M Series 599 566.33 8000 -0466 DC Extension Cable for E Series 599 566.33 8000 - 1009 -01 V Pak Adapter Cable for use with the 12 -Lead ECG patient cable for Vpak electrodes 5135 590.45 Miscellaneous 8000-0301 Recorder Paper 80 mm Fan Fold, 20 packages 575 550.25 8000 -0302 Recorder Paper 80 mm Fan Fold, 10 packages 540 526.80 8000 -0053 Defibrillator Gel. 12 Tubes 575 $50.25 8000 -1020 Anterior Posterior Paddle Assembly 5810 5542.70 8000 - 1010 -01 Extemal Paddle Assembly Apex i Sternum with controls and built -in pediatnc electrodes 5590 5395.30 8009 - 0751 -01 SeeThru CPR Simulator for E Series O. R Series, and AED Pro. 5495 5331.65 8012 -0206 12 -lead ECG Simulator 51,065 $711.55 8000 -0684 12 -lead ECG Simulator with IBP channel 51,385 5927.95 8000 -0370 CPR Connector 5265 5177.55 8000 -0791 CPR Starter Pack (includes 1 CPR Connector & 2 CPR stat -padz) 5395 5264.65 7771- 3875 -01 M Senes Guidelines 2005 Upgrade Kit 5210 5210.00 IT Accessories 8000 -0551 8 MB PCMCIA Data Cards (2 Per Pack) 5450 5301.50 8000 -05.52 16 MB PCMCIA Data Cards (2 Per Pack) 5550 5368.50 8000 -0553 32 MB PCMCIA Data Cards (2 Per Pack) 5650 5435.50 8000 -0167 16 meg PCMCIA Data Card "For CCT Only" (2 Per Pack) 5550 5368.50 ZOLL E Series / M Series Accessories 12 -Lead Bluetooth Pod Accessories M Series /CCT 8000 -2030 Replacement Ositech "King of Hearts III" Modem Card 5365 5244.55 8000 -2032 Replacement Ositech "King of Hearts III" Bluetooth Adapter Pod $345 5231.15 8000-0396 M Series "King of Hearts 111" Modem Extension Cable 5150 5100.50 8000 -1032 Replacement Ositech "King of Hearts It" Bluetooth Pod & CD 5345 5231.15 E Series 8000-2030 Replacement Ositech "King of Hearts III" Modem Card 5365 5244.55 8000-2032 Replacement Ositech "King of Hearts III" Bluetooth Adapter Pod 5345 5231.15 8000 -0391 E Series "King of Hearts III" Modem Extension Cable Cover 527 $18.09 8000-0392 E Senes "King of Hearts III" Modem Extension Cable Clamp 527 518.09 8000-0398 E Series "King of Hearts III" Modem Extension Cable 5150 5100.50 8000 -0273 E Series "King of Hearts III" Modem Extension Cable KIt (Cable, Clamp and Cover) 5195 5130.65 8000.1032 Replacement Ositech "King of Hearts I Biuetooth Pod & CO. 5345 $231.15 EMS Price List - Revised 9 -24 -10 Page 7 0113 ::'OLL E Series® / M Series® Accessories Ositech FoIP is not sold by ZOLL Medical Corporation. To order, call Ositech Communications at (519) 836 -8063 x270. Pulse Oximetry LNCS /LNOP Sensors/Cables/Accessories 8000 -0294 SpO LNCS Adult Reusable Sensor (1 Each) 8000 -0295 Sp02 LNCS Pediatric Reusable Sensor (1 Each) 8000 -0320 Sp0 LNCS Disposable Adult Sensors (20 per Case) 8000 -0321 Sp02 LNCS Disposable Pediatric Sensors (20 per Case) 8000 -0322 Sp0 LNCS Disposable Infant Sensors (20 per Case) 8000 -0323 Sp0 LNCS Disposable Neonatal Sensors (20 per Case) 8000 -0324 Sp02 LNCS Disposable Preterm Neonatal Sensors (20 per Case) 8000 -0298 Sp0 LNCS Reusable Patient Cable (4 ft) 8000 -0293 Sp0 LNCS Reusable Patient Cable (10 ft) 8000 -0325 Sp0 LNCS Extension Cable with DB -9 Connector 8000 -0326 Sp0 LNOP Sensor to LNCS Adapter Cable 8000 -0327 SpO LNCS Sensor to LNOP Adapter Cable 8000 -0296 Sp0 LNOP Adult Reusable One -Piece Sensor and Cable (12 ft) List Price Rivers ide County ZOLL E Series / M Series Accessories 5295 5197.65 5350 5234.50 5300 5201.00 5320 5214.40 5405 $271.35 5425 5284.75 $470 5314.90 3160 5107.20 5185 5123.95 5160 5107.20 555 536.85 555 536.85 3455 $304.85 Pulse Oximetry. Carbon Monoxide and Methemoglobin Monitoring Rainbow Sensors/Cables /Accessories 8000 -0330 Sp02 Rainbow Reusable Patient Cable Cunnects to LNCS Single Use & Reusable Sensors (411) 5295 5197.65 8000 -0331 Sp0 Rainbow Reusable Patient Cable: Connects to LNCS Single Use 8 Reusable Sensors (10 ft) 5345 5231.15 8000 -0332 Sp0 Rainbow DCI Adult Reusable Patient Cable/Sensor (3 ft) $345 5231.15 8000 -0333 Sp0 Rainbow DCI Pediatric Reusable Patient Cable /Sensor (3 ft) $395 5264.65 8000 -0334 Sp0 Rainbow DCI Adult Reusable Patient Cable/Sensor (12 ft) 3595 5398.65 8000 -0335 Sp0 Rainbow DCI Pediatric Reusable Patient Cable/Sensor (12 ft) 3645 5432.15 6000 -0343 Sp0 /SpMet Rainbow DCI Adult Reusable Patient Cable /Sensor (8 ft) $895 5599.65 8000 -0344 Sp0 /SpCO /SpMet Rainbow DCI Adult Reusable Patient Cable /Sensor (12 ft) 51.095 5733.65 8000 -0345 Sp0 /SpMet Rainbow DCI Pediatnc Reusable Patient Cable /Sensor (8 ft) 3995 5666.65 8000 -0346 Sp0 Rainbow DCI Pediatric Reusable Patient Cable /Sensor (12 ft) 51,195 $800.65 8000 -0341 Sp0 Rainbow Patient Cable Connects to Single Use Sensors (4 ft) $225 5150.75 8000-0342 Sp0 /SpMet Rainbow Patent Cable: Connects to Single Use Sensors (12 ft) 5295 5197.65 8000-0336 Sp0 Rainbow Single Use Sensors: Patients > 30 kg (10 per Case) $695 5465.65 8000.0337 Sp0 Rainbow Single Use Sensors: Patients < 3kg, > 30 kg (10 per Case) 3695 546565 8000 -0339 Sp02/SpCO /SpMet Rainbow Single Use Sensors: Patients 10-50 kg (10 per Case) $795 5532.65 8000 -0340 Sp0 Rainbow Single Use Sensors: Patients 3 -10 kg (10 per Case) 5795 5532.65 EtCO2 Mainstream Accessories 8000- 0264 -01 M Series i CCT CAPNO 3 Mainstream CO2 Sensor and Cable 51,725 51,155.75 8000 -0312 E Senes Only CAPNO 5 Mainstream CO2 Sensor and Cable 54,775 33,199.25 8000 - 0266 -01 Sensor Cable Holding Clips, Bag of 5 525 516.75 8000 - 0260 -01 Single Patient Use Pediatric/Adult Airway Adapter, Box of 10 595 583.65 8000- 0261 -01 Single Patient Use Neonatal/Pediatric Airway Adapter. Box of 10 395 563.65 8000-0262-01 Reusable Adult Airway Adapter 580 553.60 8000- 0263 -01 Reusable Neonatal Airway Adapter 580 553.60 8000- 0265 -01 Single Patient Use Pediatric Adult Airway Adapter with Mouthpiece. Box of 10 5105 570.35 8000 -0760 CO2 mask with adapter, adult, package of 10 3185 5123.95 8000 -0761 CO2 mask with adapter, adult large. package of 10 5185 $123.95 EMS Price I.i31- Revised 9.24 -10 Page 8 0113 ZOLL E Series® / M Series® Accessories 8000 -0762 EtCO2 Sidestream LoFio Accessories 8000 -0365 M Series / CCT CAPNO 3 Sidestream LoFlo Module 8000 -0367 E Series Only CAPNO 5 Sidestream LoFlo Module 8000 -0351 Nasal CO2 Sampling Cannula, Adult, box of 10 8000 -0352 Nasal CO2 Sampling Cannula. Pediatric, box of 10 8000 -0353 Nasal CO2 Sampling Cannula, Infant, box of 10 8000 -0354 OraUNasal CO2 Sampling Cannula, Adult, box of 10 8000-0355 Orat/Nasal CO2 Sampling Cannula. Pediatric, box of 10 8000 -0358 Nasal CO2 w/ 02 Cannula, Adult. box of 10 8000 -0357 Nasal CO2 w/ 02 Cannula, Pediatrc. box of 10 8000 -0358 Oral/Nasal CO2 w/ 02 Cannula, Adult, box of 10 8000 -0359 Oral/Nasal CO2 w/ 02 Cannula, Pediatric, box of 10 8000 -0361 Airway Adapter Kit, Pediatric/Infant, box of 10 8000 -0362 Airway Adapter Kit, Adult/Pediatric, box 0110 8000 -0363 Airway Adapter Kit w/ dehumidification tubing, Aduit/Pediatric, box of 10 8000 -0384 Airway Adapter Kit w/ dehumidification tubing, Pediatndlnfant, box of 10 NIBP Accessories 8000 -0662 Hose. Air, 3 mtr, NIBP 8000 -0655 8000 -1650 8000.1851 8000 -1653 8000 -1654 8000 -1655 ZOLL E Series / M Series Accessories Manuals / Videos 9650- 1210 -01 9650 - 1450 -01 9658- 0502 -01 9650- 1213 -01 9650 -121 1 -01 9650- 1212 -01 9650 - 1214 -01 9656 - 0410 -01 9650-0200-01 9650. 0450 -01 9650- 0209 -01 9650 - 0215 -01 9650- 0202 -01 9650 - 0212 -01 9650- 0214 -01 9650- 0219 -01 9650-0220-01 EMS Pnce List • Revised 9 CO2 mask with adapter, pediatric, package of 10 Hose, Air, 1.5 mtr, NIBP Cuft, All Purpose, Pediatric / Small Adult, 17 - 25cm Cuff, All Purpose. Adult. 23 - 33cm Cuff, All Purpose, Large Adult, 31 - 40cm Cuff. All Purpose, Thigh, 38 - 50cm Cuff, All Purpose, Child, 12 - 19cm E Senes Operator's Manual, English E Series Service Manual, English E Senes In- Service Training CD E Senes 12 -Lead Operators Insert E Series SPO2 Operator's Insert E Senes EtCO2 Operators Insert E Series NIBP Operators Insert Capnography in EMS Training CD M Series Operator's Manual, English M Senes Service Manual. English Biphasic Operators Insert 12 -lead Operators Insert SPO2 Operators tnsen EtCO2 Operators Insert NIBP Operator's Insert Invasive Blood Pressure Operator's Insert Temperature Operator's Insert Riverside List Price County 5185 5123.95 51,725 51,155.75 54,775 53,189.25 5120 580.40 5120 580.40 5120 $80.40 5130 $87.10 5130 587.10 $145 597.15 5145 597.15 5140 593.80 5140 593.80 5110 $73.70 $110 573.70 5160 5107.20 $160 5107.20 555 536.85 555 536.85 $32 521.44 537 524.79 542 828.14 542 528.14 527 518.09 527 518.09 $50 533.50 527 318.09 527 518.09 527 518.09 527 518.09 527 518.09 527 518.09 527 518.09 555 S36.85 527 518.09 527 518.09 527 518.09 527 518.09 527 518.09 527 518.09 527 518.09 Page 9 of 13 ZOLL E Series® / M Series® Accessories 9650 -0073 M Series In- service Video - VHS 9650 -0083 M Series Parameters In- service Video - VHS 9650 - 0260 -01 CPR Train the Trainer Manual Rivers ide List Price County $27 618.09 527 51809 510 56.70 Training Materials 8000- 0663 -01 M Series Training Resource Kit • developed for conducting Train- the - Trainer program, this kit includes a M Series Resource Manual (hard copy and on CD), Training Resource CD, M Series In- service Video. M Series Parameters Video, 61,085 5713.55 2 ECG Simulators, training 9650 - 0217.01 Site Coordinator Resource Kit • developed for installation arid training coordinators, this kit provides a M Series Resource Manual (hard copy and on CD), Training Resource CD. M Series 1n-service Video and M Series Parameters 535 523.45 Video 9650- 1000 -01 Pocket Reference Guide - Pocket -slzed tnfold guide to basic operation and vital sign characteristics of the MSenes (25 615 51005 each per pack) 9652 -0605 -01 12 Lead Pocket Reference Cards - Pocket -sized guide for 12 -lead Electrode Placement (pack of 25) 519.95 513.37 9850- 0605 -01 Pre- Hospital 12 -lead ECG Manual - Developed for Paramedics utilizing 12 -lead ECG In the field and ED department Includes Rapid 12 -lead ECG Interpretation. Effective Use of Computerized Interpretive Statements. Understanding 529.95 520.07 Cardiac Markers and Evaluation and Therapeutic Interventions for ACLS 8000 -1610 Training Cable 555 536.85 8900 -5005 Training Electrodes (8 sets/case) 580 553.50 CCT ONLY Accessories: Invasive Blood Pressure Accessories (CCT only) 8000-0664-02 Transducer interface cable - Abbott 5160 5107.20 8000 -0665 Transducer interface cable - Baxter/Edwards $160 5107.20 8000 -0685 Transducer Interface cable - Utah Medical 5160 5107.20 8000-0678 Philips/Agilent/HP monitor to M Series CCT Adapter cable 6255 $170.85 8000 -0679 GE Marquette monitor to M Senes CCT Adapter cable 5255 6170.85 8000 -0666 Deltran IV (Utah Medical) 18P transducers (Box of 25) 5375 5251.25 Temperature Accessories (CCT only) 8000 -0668 YSI reusable adult Esophageal/Rectal Temperature probe S55 536.85 8000 -0670 YSI reusable adult Skin Temperature probe 575 550.25 8000 -0671 YSI reusable pediatric Skin Temperature probe 575 550.25 8000 -0669 YSI reusable pediatric Esophageal Rectal probe 575 550.25 8000-0672 YSI single use adult Esophageal Rectal probe 575 550.25 8000 -0673 YSI single use adult Skin Temperature probe 575 550.25 8000 -0674 Disposable Temperature Sensor Adapter Cable 555 536.85 8000 -0675 2 • Channel Y- Adaptor 555 536.85 8000 -0900 Bed hook accessories compatible with M Series CCT, M Series with XL Battery, and XL Battery Upgrade for M Series 527 518.09 NIBP Accessories (CCT onlv2 8000 -0640 Neonatal Disposable Cuffs Size 1 (3.0-6 0 cm) 10 per Box 590 560.30 8000 -0641 Neonatal Disposable Cuffs Size 2 (4.0 -8.0 cm) 10 per Box 595 563.65 8000 -0642 Neonatal Disposable Cuffs Size 3 (6.0.11.0 an) 10 per Box 5100 367.00 8000 -0643 Neonatal Disposable Cuffs Size 4 (7.0 -13.0 cm) 10 per Box 5105 570.35 8000-0644 Neonatal Disposable Cuffs Size 5 (8.0 -15.0 cm) 10 per Box 5110 573.70 EMS Pace List - Revised 9.24 -10 Page r 0 0! 13 Battery Support Batteries, Smart Batteries 8 Components 8000-0299-01 140012000i1600/1700iM Senes® /E Series® /AED Pro® Sealed Lead Acid Battery (not upgradeable to Smart Battery) 8019- 0535 -01 8000 -0052 8004 - 0103 -01 8004- 0104 -01 7777 - 0103 -01 7776 - 0103 -01 8204-0103-01 8000- 0687 -01 8000 - 0690 -01 8000- 0500 -01 8000-0686-01 7777 - 0203 -01 SurePower" Rechargeable Lithium Ion Battery Pack • 5.8 Ah Capacity • High density lithium ion chemistry • RunTime" Indicator • Automatic calibration ready • Stores history of use and maintenance 1200/900 Battery Smart Battery Complete 1400/20001160011 700/Mser es/AED Pro Smart Ready Battery Smart Ready Battery Upgrade (includes Smart Chip and indicator label) Smart Battery Reconditioning Kit (includes Smart Ready Battery and indicator label) Smart Battery Complete (option for replacement of standard battery when ordenng new equipment) XL Smart Ready Battery Complete XL Smart Ready Battery Complete, 3 Pack XL Smart Ready Battery XL Smart Ready Battery, Package of three (3) XL Smart Ready Battery Upgrade (includes Smart Chip and indicator label) , 1 When ordering M Series with XL Battery, change digit 7 to 3 for M Series XL Battery with AC Power or to 4 for M Series with XL Battery with DC Power. One XL Battery will be included. Warranty Statement: ZOLL Battery Packs carry a one (1) year warranty Charging Systems 8050-0030-01 Sure Power" Charging Station • 4 Charging bays • Multiple chemistry compatible • 200 watt capacity • Graphic driven user interface • RS -232 communication port Warranty Statement: ZOLL Charging Systems carry a one (1) year warranty for EMS use Accessories 7 77 7 -0290 8050 - 0032 -01 1004- 0151 -01 8000 -0090 8000-0100 ManualsNideos 9650- 0536 -01 9650 -0043 9650 -0074 9650 -0060 9650 -0049 9650 -0054 9650 -0072 9650 -0019 9650-0221-01 Upgrades E Senes Lithium Battery Filler Kit SurePower Charger Battery Well Spacer Power Charger Clips (2) with Instructions and Label Replacement Power Cord for Base PowerCharger 4x4 or 1x1 Replacement Power Cord for Base Station Charger SurePower Battery Instructions PowerCharger Operator's Manual PowerCharger Service Manual PD -4420 Battery Support System Operator's Manual PD -4420C Battery Support System Service Manual Base PowerCharaer 4x4, Operator's Manual Base PowerCharger 4x4. Service Manual Battery Management Program Guide XL Battery Operator's Manual 7777 -0138 E Series Bluetooth Upgrade - For E Series units without integrated Bluetooth 7777 -0390 E Series SpCO Upgrade (units with blue Sp02 connector) 7777 -0125 NIBP (must have SPO2) EMS Pnce List - Revised 9 -24 -10 Riverside County 5140 593.80 5475 5318.25 List Price 5135 590.45 5210 5140.70 5160 5107.20 580 553.60 5165 5110.55 555 536.85 5320 5214.40 5845 5566.15 5265 5177.55 5635 5425.45 580 553.60 52,275 51,524.25 516 510.72 520 513.40 527 518.09 560 540.20 S60 540.20 527 518.09 527 518.09 514 59.38 511 57.37 553 535.51 S27 518.09 552 534.84 $37 524.79 $11 57.37 51,795 $1,200.00 54,995 53,200.00 55,000 $3,200.00 Page 11 of 13 ZOLL Electrodes stat•padz Optimized for Emergency Resuscitation 8900 -4003 stat•padz HVP Multi- Function Electrodes 8900 -4004 stat•padz HVP Multi- Function Electrodes 8900 - 0802 -01 stat•padz I1 HVP Multi- Function Electrodes 8900- 0801 -01 stat•padz 11 HVP Multi- Function Electrodes 8900-0400 CPR stat•padz HVP Multi- Function CPR Electrodes 8900 -0402 CPR stat•padz HVP MuIti- function CPR Electrodes pro•padz Optimized for Elective and Special Procedures 8900 - 2100 -01 pro•padz Cardiology Specialty LVP Multi- Function 8900 - 2101 -01 pro•padz Cardiology Specialty LVP Multi- Function 8900 - 2303 -01 pro•padz Biphasic Multi- Function Electrodes 8900 - 2302 -01 pro•padz Biphasic Multi- Function Electrodes 8900 -4005 pro•padz Solid Gel Radiolucent Multi- Function Electrodes 8900 -4006 pro•padz Solid Gel Radiolucent Multi- Function Electrodes 8900- 2105 -01 pro•padz LiquidGel Radiolucent Multi- Function Electrodes 8900- 2106 -01 pro•padz LiquidGel Radiolucent Multi- Function Electrodes 8900 -4012 pro•padz Sterile Multi- Function Electrodes with 54 -inch lead wires 8900 -4013 pro•padz Sterile Multi- Function Electrodes with 54 -inch lead wires 8900 - 4052 -40 pro•padz Sterile Multi- Function Electrodes with 10 -foot lead wires 8900-4055-40 pro•padz Sterile Multi- Function Electrodes with 10 -foot lead wires 8900 -1055 pro•padz Pacing Only Adult Electrodes 8900 -1051 pro•padz Pacing Only Adult Electrodes pedi•padz For Pediatrics 8900 -2065 pedi•padz Pediatric Multi- Function Electrodes 8900 -2061 pedi•padz Pediatric Multi- Function Electrodes 8900 -1065 pedi•padz Pacing Only Pediatric Electrodes 8900 -1061 pedi•padz Pacing Only Pediatric Electrodes 8900 - 3000 -01 pedi•padz Solid Gel Multi- Function Electrodes 8900- 3001 -01 pedi•padz Solid Gel Multi- Function Electrodes 8900 -0 pedi•padz Reduced Energy Electrode ZOLL Electrodes ECG Monitoring Electrodes 8900 -0003 8900 -0004 8900 -0005 8900 -0006 8900- 1003 -01 3 ECG electrodes/pouch (600 electrodes) 4 ECG electrodes /pouch (480 electrodes) 5 ECG electrodes/pouch (500 electrodes) 6 ECG electrodes/pouch (600 electrodes) Pediatnc ECG electrodes /3 per pouch (300 electrodes) EMS Pnce List- Revised 9 -24 -10 Quantity Shelf -life List Price 12 pair /case 1 pair 12 pair /case 24 months 5499.00 5334.33 1 pair 24 months 559.00 539.53 8 pair /case 24 months S560.00 5375.20 1 pair 24 months 575.00 550.25 12 pairs/case 18 months 5479.00 5320.93 1 pair 18 months 555.00 536.85 12 pairs/case 1 pair 12 pairs /case 1 pair 12 pairs/case 12 months 5695.00 5465.65 1 pair 12 months 565.00 543.55 6 pairs/case 1 pair 6 pairs /case 12 months 5405.00 S271.35 1 pair 12 months 575.00 550.25 12 pairs/case 1 pair 6 pairs/case 1 pair 6 pairs /case 1 pair 24 months 24 months 9 months 5479.00 9 months 555.00 12 months 5695 -00 12 months 565.00 12 months 5700.00 12 months 575.00 12 months $249.00 12 months 560.00 12 months 5385.00 12 months 580.00 Riverside County $479.00 5320.93 $55.00 536.85 5320.93 536.85 5465.65 543.55 9 months 5285.00 5190.95 9 months 555.00 536.85 5469.00 550.25 S166.83 540.20 5257.95 553.60 6 pairs /case 24 months 5249.00 5166.83 1 pair 24 months 560.00 540.20 1 pair 24 months 5110.00 573.70 200 pouches 24 months 5120.00 580.40 120 pouches 24 months 596.00 564.32 100 pouches 24 months 5100.00 567.00 100 pouches 24 months 5120.00 $80.40 100 pouches 24 months 560.00 540.20 Page 12of 8900 - 1300 -01 8900 -0700 8900 -0701 8900 -0702 8900 -0703 8900 -0704 8900 -0706 8900 -0707 8900-0708 8900 -0709 8900 -0714 8900 -0715 Other 8900- 0800 -01 8900- 0807 -01 8900- 0808 -01 8900 - 0810 -01 V• pak Preconnected V Lead Electrodes for 12 Lead (40 Pouches / Case) 30 pouch rectangle liquid gel ECG electrodes (600 electrodes) 30 pouch round liquid gel ECG electrodes (600 electrodes, 1.5" diameter) 30 pouch rectangle solid gel ECG electrodes (600 electrodes) 30 pouch round liquid gel ECG electrodes (600 electrodes, 2" diameter) 30 pouch radiolucent ECG electrodes (300 electrodes. 1 5" diameter) 30 pouch square liquid gel ECG electrodes (600 electrodes) 30 pouch square solid gel ECG electrodes (600 electrodes) 30 pouch round solid gel ECG electrodes (600 electrodes, 1.5 diameter) 4 pouch pediatric ECG electrodes (480 electrodes) Solid gel. foam ECG electrodes. 4 per pouch, case of 480 electrodes Solid gel. foam ECG electrodes. 6 per pouch, case of 600 electrodes CPR •D Padz one piece defibrillation and CPR System CPR.D accessory kit contains CPR barrier mask. scissors, gloves, prep razor, towel and a moist towelette in a small zip -lock pouch. one each CPR .0 accessory kit contains CPR barrier mask. scissors, gloves. prep razor. towel and a moist towelette in a small zip -lock pouch, one case Pedi•padz I1 Pediatnc Multi- Function Electrodes for AED Plus Training CPR stat•padz Includes one training cable with CPR sensor, Y 8900 -0190 connector for simulator connection, and one pari of replacement training electrodes. Replacement Training Electrodes (CPR stat•padz case of 8). Includes 8 pairs 8900-0195 (Sternum and Apex pad) of replacment electrodes for training CPR stat•padz. 8900 -5005 Training Electrodes 8900- 0805 -01 Training Electrodes stat•padz I1, AED Plus CPR- D•padz Training Electrodes (TO BE USED WITH TRAINER ONLY)- - 8900- 0804 -01 with reusable "Z- design" electrode with CPR hand placement indicator and one (1) pair of disposable adhesive gels. (Note- the disposable gels must be applied to the reusable pad before use ) 8900 - 0803 -01 Replacement Adhesive gels for CPR- D•padz - Training Electrode replacements, 5 pair EMS Pnce List - Revised 9-24-10 Riverside Quantity Shelf -life List Price County 40 pouches 15 months 9340.00 5227.80 20 pouches 24 months 20 pouches 24 months 20 pouches 24 months 20 Douches 24 months 10 pouches 24 months 20 pouches 24 months 20 pouches 24 months 20 pouches 24 months 120 pouches 24 months 120 pouches 24 months 100 pouches 24 months 5120.00 9120.00 S120.00 S120.00 960.00 5120.00 $120.00 5120.00 996.00 596.00 9120.00 980.40 980.40 580.40 980.40 540.20 980.40 980.40 $80.40 564.32 564.32 980.40 1 pair 60 months 5169.00 5111.00 1 each None 519.00 512.73 50 each None 5800.00 5536.00 1 pair 24 months 595.00 951.45 1 pair 589.00 559.63 8 pairs /case 579.00 952.93 6 pairs /case 24 months 580.00 953.60 6 pairs /case 24 months 5129.00 586.43 1 pair 12 months 590 560.30 5 pairs/case 12 months 531 520.77 Page 13 0113 EXTENDED WARRANTY AND PREVENTIVE MAINTENANCE PART NUMBERS AND PRICING AT TIME OF EQUIPMENT SALE PART NUMBER PRICE DESCRIPTION DEFIBRILLATOR EXTENDED WARRANTY 8778 -0123 $630.00 6 MONTH EXTENDED WARRANTY 8778 -0104 $990.00 1 YR. EXTENDED WARRANTY 8778 -0105 $1,875.00 2 YR. EXTENDED WARRANTY 8778 -0106 $2,730.00 3 YR. EXTENDED WARRANTY 8778 -0107 $3,550.00 4 YR. EXTENDED WARRANTY 8778 -0121 $4,290.00 5 YR. EXTENDED WARRANTY PREVENTIVE MAINTENANCE 8778 -0114 $215.00 1 YEAR, 1 PREVENTIVE MAINTENANCE 8778 - 1222 $430.00 1 YEAR, 2 PREVENTIVE MAINTENANCE 8778 -0115 $460.00 2 YEAR, 1 PREVENTIVE MAINTENANCE 8778 -2222 $900.00 2 YEAR, 2 PREVENTIVE MAINTENANCE 8778 -0116 $690.00 3 YEAR, 1 PREVENTIVE MAINTENANCE 8778 -3222 $1,350.00 3 YEAR, 2 PREVENTIVE MAINTENANCE 8778 -0117 $920.00 4 YEAR, 1 PREVENTIVE MAINTENANCE 8778 -4222 $1,800.00 4 YEAR, 2 PREVENTIVE MAINTENANCE 8778 -0119 $1,150.00 5 YEAR, 1 PREVENTIVE MAINTENANCE 8778 -5222 $2,250.00 5 YEAR, 2 PREVENTIVE MAINTENANCE 8778 -0122 $1,380.00 6 YEAR, 1 PREVENTIVE MAINTENANCE 8778 -6222 $2,700.00 6 YEAR, 2 PREVENTIVE MAINTENANCE EMS Pnce List - Revised 12 -23 -10 Page 1 c 2 8889 -2991 $460.00 2 YEAR, 1 PREVENTIVE MAINTENANCE 8889 -2992 $900.00 2 YEAR, 2 PREVENTIVE MAINTENANCE 8889 -4991 $920.00 4 YEAR, 1 PREVENTIVE MAINTENANCE 8889 -4992 $1,800.00 4 YEAR, 2 PREVENTIVE MAINTENANCE PART NUMBER SERVICE PRICE LIST DEFIBRILLATOR EXTENDED WARRANTY 8889 -0001 $1,145.00 8889 -0002 8889 -0003 8889 -0004 8889 -1991 8889 -1992 EXTENDED WARRANTY AND PREVENTIVE MAINTENANCE PART NUMBERS AND PRICING AFTER EQUIPMENT SALE $2,060.00 $3,015.00 $3,900.00 8889 -5000 $4,680.00 PREVENTIVE MAINTENANCE DESCRIPTION 1 YR. EXTENDED WARRANTY 2 YR. EXTENDED WARRANTY 3 YR. EXTENDED WARRANTY 4 YR. EXTENDED WARRANTY 5 YR. EXTENDED WARRANTY $230.00 1 YEAR, 1 PREVENTIVE MAINTENANCE $450.00 1 YEAR, 2 PREVENTIVE MAINTENANCE 8889 -3991 8889 -3992 $690.00 $1,350.00 3 YEAR, 1 PREVENTIVE MAINTENANCE 3 YEAR, 2 PREVENTIVE MAINTENANCE 8889 -5991 8889 -5992 8889 -6991 8889 -6999 $1,150.00 $2,250.00 $1,380.00 $2,700.00 5 YEAR, 1 PREVENTIVE MAINTENANCE 5 YEAR, 2 PREVENTIVE MAINTENANCE 6 YEAR, 1 PREVENTIVE MAINTENANCE 6 YEAR, 2 PREVENTIVE MAINTENANCE EMS Price List - Revised 12 -23 -10 Paae2o'2 Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works /City Engineer DATE: October 9, 2012 SUBJECT: Settlement Agreement with Temecula Marine Center, Inc. - Murrieta Creek Bridge and Overland Drive Extension, PW00 -26 PREPARED BY: Amer Attar, Principal Engineer RECOMMENDATION: Approvals Mr- City Attorney Chief Financial Officer A lAi City Manager 4' 1. Approve the Agreement entitled All- Inclusive Settlement Agreement and General Release between the City of Temecula and Michael and Christine Smith, individually and doing business as Temecula Marine Center, Inc.; 2. Authorize the Chief Financial Officer to issue a warrant for the sum of $128,745 to Temecula Marine Center, Inc. in the manner identified in the agreement; 3. Authorize the Chief Financial Officer to issue a warrant for the sum of $5,454 to Temecula Marine Center, Inc. if they vacate the subject property on or before October 31, 2012. BACKGROUND: The Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, PW00 -26 is identified in the City's Capital Improvement Program for Fiscal Years 2012- 16. The Proposed Project would extend Overland Drive from Commerce Center Drive to Diaz Road with a new bridge over Murrieta Creek. The purpose of the Proposed Project is to improve safety and traffic circulation in the area. The Proposed Project would require the acquisition of certain real property interests from six parcels. The City has acquired some of the needed properties and is still in negotiation to acquire the remaining properties. One of the properties acquired is the real property commonly known as 27495 Enterprise Circle West, Temecula, California and identified as Riverside County Tax Assessor's Parcel Number 921 - 480 -013. The City Council approved the Purchase and Sale Agreement for this parcel at their June 26, 2012 meeting. Escrow closed on August 29, 2012. The tenant who occupies the property that the City acquired is Michael and Christine Smith, doing business as Temecula Marine Center, Inc. The City and its consultants have been working with Temecula Marine Center, Inc. and their representatives to relocate their business. Mr. and Mrs. Smith have informed the City that they are planning to close their business and, as such, wanted to negotiate an all- inclusive settlement. They presented the City with an all - inclusive settlement offer of $600,000. The City presented Mr. and Mrs. Smith with a counteroffer of $128,745, which they accepted. This Settlement Agreement is intended by the parties to be an all- inclusive settlement of all claims of Temecula Marine arising from or related to the acquisition by the City of the subject property for the proposed project, including, without limitation, a settlement of any and all claims concerning Temecula Marine's occupancy of the subject property, Temecula Marine's rights under the lease, pre -paid rent, security deposits, cleaning deposit, and any offsets to rent that Temecula Marine may claim against the City and that may subject the City to claims for damages due to breach or any other circumstance, bonus lease or leasehold interest claims, relocation benefits and assistance under the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (42 U.S.C. section 4601 et seq.), if applicable or under Title 1 Division 7 of Chapter 1 of the California Government Code (section 7260 et seq.), any relocation claims submitted and not paid, loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure section 1263.510, lost income and /or profits, inventory, moving costs and /or going out of the business expenses, attached fixtures and equipment, attorney's fees, costs, expert witness fees, appraisal fees, relocation consultant fees, and all other claims, losses, costs and expenses relating to the City's acquisition of the subject property, the proposed project, and /or the displacement of Temecula Marine. Under the terms of the settlement agreement, the City will pay Temecula Marine and their representative the total sum of $128,745 as the total compensation for this all- inclusive settlement together with the additional consideration discussed below. This compensation will be paid as follows: a. Within ten business days of the Effective Date of the agreement, the City shall issue a check in the amount of $58,496 payable to Temecula Marine Center, Inc. and shall mail the check by first class mail addressed as follows: Temecula Marine Center, Inc. c/o Michael and Christine Smith 45434 Callesito Altar Temecula, California 92592 b. Within ten business days of the Effective Date of the agreement, the City shall issue a check in the amount of $12,243 payable to Eric S. Jacobson Trust Account and shall mail the check by first class mail addressed as follows: Eric S. Jacobson, Esq. 16133 Ventura Boulevard Penthouse Suite A Encino, California 91436 c. Within ten business days of the Effective Date of the agreement, the City shall issue a check in the amount of $28,772 payable to Temecula Marine Center, Inc. and Eric S. Jacobson Trust Account and shall mail the check by first class mail addressed as follows: Eric S. Jacobson, Esq. 16133 Ventura Boulevard Penthouse Suite A Encino, California 91436 d. The City shall hold for the benefit of Temecula Marine the sum of $29,234 consisting of $16,362 as a security deposit together with $12,872, which is half of the $25,745 fair market value of the attached fixtures and equipment. Within ten business days of the final inspection of the subject property, the City will issue a check payable to Temecula Marine Center, Inc. in the amount of the $29,234 security deposit less any reasonable costs, if any, incurred by the City in connection with the removal of any debris or personal property from the subject property, cleaning costs, and the reasonable costs, if any, incurred by the City to repair any damage to the subject property together with the fair market value of any attached fixtures and equipment that are missing on the date of the final inspection of the subject property and any costs incurred by the City in connection with Temecula Marine's failure to surrender the subject property As additional consideration for Temecula Marine's surrender of the subject property on or before the October 31, 2012 Move Date, the City agrees that the Temecula Marine's base monthly rent for the months of September 2012 and October 2012 will be zero ($0.00) per month. The City acknowledges that it has received $5,454 from Temecula Marine, representing the monthly rent for September 2012 pursuant to the terms of the lease. The City and Temecula Marine agree and acknowledge that the City will refund to Temecula Marine the sum of $5,454 at the time that it issues to Temecula Marine a warrant for the Security Deposit discussed above. Temecula Marine agrees and acknowledges that the additional consideration discussed herein is conditioned on Temecula Marine's surrender and vacation of the subject property on or before the October 31, 2012 Move Date. Accordingly, if Temecula Marine fails to surrender or vacate the subject property on or before the October 31, 2012 Move Date, (i) the City shall not issue to Temecula Marine the $5,454 refund for the monthly rent it received from Temecula Marine for September 2012, and (ii) Temecula Marine shall pay to the City on November 1, 2012, the sum of $5,618, representing the monthly rent for October 2012 together with any applicable late charges and /or fees pursuant to the terms of the lease. FISCAL IMPACT: The Murrieta Creek Bridge & Overland Drive Extension to Diaz Road Project identified in the City's Capital Improvement Program and is funded with DIF - Streets. Adequate funds for this acquisition are available in project account number 210.165.602.5700. ATTACHMENTS: 1. All- Inclusive Settlement Agreement 2. Property Location ALL - INCLUSIVE SETTLEMENT AGREEMENT AND GENERAL RELEASE BETWEEN THE CITY OF TEMECULA AND MICHAEL AND CHRISTINE SMITH, INDIVIDUALLY AND DOING BUSINESS AS TEMECULA MARINE CENTER INC. This All- Inclusive Settlement Agreement and General Release ( "Agreement ") is entered into as of October 9, 2012 ( "Effective Date ") by and between the CITY OF TEMECULA, a municipal corporation ( "City "), and MICHAEL AND CHRISTINE SMITH, INDIVIDUALLY AND DOING BUSINESS AS TEMECULA MARINE CENTER INC. (collectively "Temecula Marine "). RECITALS A. On August 29, 2012, the City acquired the fee interest in the real property commonly known as 27495 Enterprise Circle West, Temecula, and identified as Riverside County Assessor's Parcel Number 921 -480 -013 ( "Subject Property ") for a public use, namely for the proposed Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project (PW00- 26) ( "proposed project "). B. Temecula Marine occupies the Subject Property pursuant to a lease dated May 25, 2012 between Temecula Marine and Richard B. Gurrola and Valerie Gurrola, Trustees ( "Gurrola Family "), which was assigned to the City as part of the City's purchase of the Subject Property. The lease dated May 25, 2012 is referred to below as the "lease ". Temecula Marine occupied the property from approximately October 2006 to May 2012 pursuant to a Standard Non - Binding Proposal to Lease or Sublease. The term of the lease expires on September 30, 2013. C. The proposed project would require that Temecula Marine relocate from the Subject Property at such time as the City requires the Subject Property to construct the proposed project. Temecula Marine informed the City that it wishes to exercise the early termination provision of the lease. Temecula Marine wishes to terminate the lease and vacate the Subject Property on or before October 31, 2012, which is approximately eleven months before the expiration date of the lease. D. On or about April 2012, Temecula Marine submitted an all- inclusive settlement offer to the City. The City and its experts analyzed the information and documents provided by Temecula Marine, including the valuation of the business. The City also analyzed the potential relocation costs and its expert's analysis of the goodwill of Temecula Marine in the before condition. Based on this information, the City extended to Temecula Marine an all - inclusive counter -offer on or about August 2012. Temecula Marine accepted the all- inclusive settlement offer on or about September 2012. E. This Agreement is made with respect to all claims arising from or related to the acquisition by the City of the Subject Property in connection with the proposed project, which claims could be made or asserted by Temecula Marine in any court proceeding as a lessee and displaced business in connection with the City's acquisition of the Subject Property for a public use, namely the construction of the proposed project. 1 AO/ A / / \t AAf A /A..') .1.... NOW THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, the mutual covenants and promises herein, and for other valuable consideration, the receipt of which is hereby acknowledged, Temecula Marine and the City agree to the following: 1. M1-inclusive Settlement. This Settlement Agreement is intended by the parties to be an all - inclusive settlement of all claims of Temecula Marine arising from or related to the acquisition by the City of the Subject Property in connection with the proposed project, including, without limitation, a settlement of any and all claims concerning Temecula Marine's occupancy of the Subject Property, Temecula Marine's rights under the lease, pre -paid rent, security deposits, cleaning deposit, and any offsets to rent that Temecula Marine may claim against the City and that may subject the City to claims for damages due to breach or any other circumstance, bonus lease or leasehold interest claims, relocation benefits and assistance under the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (42 U.S.C. section 4601 et seq.), if applicable or under Title 1 Division 7 of Chapter 1 of the California Government Code (section 7260 et seq.), any relocation claims submitted and not paid, loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure section 1263310, lost income and /or profits, inventory, moving costs and /or going out of the business expenses, attached fixtures and equipment, attorney's fees, costs, expert witness fees, appraisal fees, relocation consultant fees, and all other claims, Iosses, costs and expenses relating to the City's acquisition of the Subject Property, the proposed project, and /or the displacement of Temecula Marine. Temecula Marine acknowledges that the City has advised Temecula Marine of the availability of the relocation advisory assistance and benefits available to persons and businesses displaced by a public project and that Temecula Marine's agreement to the terms of this Settlement Agreement is free and voluntary. 2. Move Date, Tenancy at Sufferance, and Surrender. a. Move Date. Temecula Marine shall surrender and vacate the Subject Property on or before the October 31, 2012 early termination date (referred to below as the "Move Date "). b. Notice to the City and Inspection of Subject Property. Temecula Marine shall provide to the City written notice five business days before it vacates the Subject Property. Temecula Marine also agrees to provide telephonic notice to Amer Attar, Principal Engineer, City of Temecula, five business days before it vacates the Subject Property. The parties agree and acknowledge that the purpose of the five business days notice is to provide sufficient time for the parties to schedule a final inspection of the Subject Property, including an inventory of the attached fixtures and equipment discussed in Section 6 below (referred to below as "final inspection of the Subject Property "). The five days written notice also allows the parties to coordinate the transfer of the utilities• on the Subject Property from Temecula Marine to the City. It also allows the parties time to coordinate the vacation of the Subject Property and Temecula Marine's delivery to the City of the keys to the Subject Property. c. Tenancy at Sufferance. If Temecula Marine holds over after the October 31, 2012 Move Date, or otherwise fails to comply with Sections 2.a. and 2.b. above, without the express written consent of the City, Temecula Marine shall become a tenant at sufferance only. 1 TAOl. Al LC\ 1IA1.1 .Pn.. -2- Temecula Marine acknowledges and agrees that as a tenant at sufferance, it would have no right to possession of the Subject Property. Acceptance by the City of rent or any other payment after the October 31, 2012 Move Date shall not constitute the City's consent to any holdover hereunder or result in an extension or renewal of the lease. This provision shall not be deemed to limit or constitute a waiver of the City's right of re -entry or any rights of the City as Lessor under the lease or otherwise provided by law or equity. d. Surrender. At or before the October 31, 2012 Move Date, Temecula Marine shall, at its sole cost and expense, deliver the Subject Property to the City in similar or better condition and repair as Temecula received the Subject Property, ordinary wear and tear excepted. Temecula Marine shall deliver the Subject Property broom clean with all of Temecula Marine's personal property removed. Temecula Marine shall vacate and deliver the Subject Property to the City in good order and condition immediately on or before the October 31, 2012 Move Date and deliver the keys to the City of Temecula. Temecula Marine will pay all closing utility bills up to, and including, the date it vacates the Subject Property or the October 31, 2012 Move Date, whichever is earlier. If Temecula Marine fails to surrender the Subject Property or to otherwise comply with this Section 2, Temecula Marine shall indemnify and hold the City harmless from all losses, liabilities, casts, damages and expenses, including without limitation, reasonable attorneys' fees and costs, arising from or relating to Temecula Marine's failure to surrender or to otherwise comply with Section 2 hereof, including, without limitation, any and all costs relating to eviction proceedings, any claim made by any succeeding tenant, founded on or resulting from such failure of Temecula Marine to surrender the Subject Property on or before the Move Date. Temecula Marine further expressly agrees and acknowledges that the City may deduct from the Security Deposit discussed in Section 3.d. below, the reasonable costs incurred by the City as a result of Temecula Marine's failure to surrender the Subject Property as provided in this Section 2, including attorneys' fees and costs relating to eviction proceedings. 3. Total Compensation and Additional Consideration. The City and Temecula Marine agree that the City shall pay for the benefit of Temecula Marine the total sum of $128,745 (One Hundred Twenty -eight Thousand Seven Hundred Forty -five Dollars) as the total compensation for this all - inclusive settlement pursuant to this Agreement together with the additional consideration discussed in Section 3.e. below. The City shall pay the total compensation of $128,745 for the benefit of Temecula Marine as follows: a. Within ten business days of the Effective Date of this Agreement, the City shall issue a check in the amount of $58,496 (Fifty -eight Thousand Four Hundred Ninety Six Dollars) payable to Temecula Marine Center Inc. and shall mail the check by first class mail addressed as follows:. b. Within ten business days of the Effective Date of this Agreement, the City shall issue a check in the amount of $12,243 (Twelve Thousand Two Hundred Forty Three t 1flQ4.f 1 46 \1 , arm Temecula Marine Center Inc. c/o Michael and Christine Smith 45434 Callesito Altar Temecula, California 92592 -3- Dollars) payable to Eric S. Jacobson Trust Account and shall mail the check by first class mail addressed as follows Eric S. Jacobson, Esq, 16133 Ventura Boulevard Penthouse Suite A Encino, California 91436 c. Within ten business days of the Effective Date of this Agreement, the City shall issue a check in the amount of $28,772 (Twenty -Eight Thousand Seven Hundred Seventy - two Dollars) payable to Temecula Marine Center Inc. and Eric S. Jacobson Trust Account and shall mail the check by first class mail addressed as follows: 1 U1f3(.(TS«11 ISO 1eliOvei rine Eric S. Jacobson, Esq.. 16133 Ventura Boulevard Penthouse Suite A Encino, California 91436 d. The City shall hold for the benefit of Temecula Marine the sum of $29,234 (Twenty -nine Thousand Two Hundred Thirty -four Dollars), consisting of $16,362 (Sixteen Thousand Three Hundred Sixty -two Dollars) as a security deposit together with $12,872 (Twelve Thousand Eight Hundred Seventy -two Dollars), which is half of the $25,745 fair market value of the attached fixtures and equipment discussed in Section 6 below. The $29,234 is referred to below as the "Security Deposit" The City agrees that within 10 business days of the final inspection of the Subject Property, the City shall issue a check payable to Temecula Marine Center Inc. in the amount of the $29,234 Security Deposit less any reasonable costs, if any, incurred by the City in connection with the removal of any debris or personal property from the Subject Property, cleaning costs, and the reasonable costs, if any, incurred by the City to repair any damage to the Subject Property together with the fair market value of any attached fixtures and equipment discussed in Section 6 below that are missing on the date of the final inspection of the Subject Property and any costs incurred by the City in connection with Temecula Marine's failure to surrender the Subject Property as provided in Section 2 above. The City agrees that it will notify Temecula Marine by electronic mail at tmcincorp@ of any deductions from the Security Deposit within five business days of the final inspection of the Subject Property. Temecula Marine agrees that it will provide to the City in writing the mailing address for transmittal of the check discussed in this Section 3.d. e. Additional Consideration. As additional consideration for Temecula Marine's surrender of the Subject Property on or before the October 31, 2012 Move Date, the City agrees that the Temecula Marine's base monthly rent for the months of September 2012 and October 2012 will be zero ($0.00) per month. Temecula Marine is responsible for paying and complying with all of Temecula Marine's other obligations under the Iease, including but not limited to maintenance, repair, utility and operation costs. The City acknowledges that it has received $5,454 from Temecula Marine, representing the monthly rent for September 2012 pursuant to the terms of the lease. The City and Temecula Marine agree and acknowledge that the City will refund to Temecula Marine the sum of $5,454 at the time that it issues to Temecula Marine a warrant for the Security Deposit discussed above in Section 3.d. Temecula Marine -4- agrees and acknowledges that the additional consideration discussed herein is conditioned on Temecula Marine's surrender and vacation of the Subject Property on or before the October 31, 2012 Move Date. Accordingly, if Temecula Marine fails to surrender or vacate the Subject Property on or before the October 31, 2012 Move Date, (i) the City shall not issue to Temecula Marine the $5,454 refund for the monthly rent it received from Temecula Marine for September 2012, and (ii) Temecula Marine shall pay to the City an November 1, 2012, the sum of $5,61$, representing the monthly rent for October 2012 together with any applicable late charges and /or fees pursuant to the terms of the lease. 4. Removal of Moveable Items. a. Temecula Marine acknowledges that it received a copy of the Appraisal of Temecula Marine Center prepared by Crockett & Associates, Ltd., dated July 18, 2011 that contained a fair market value analysis of the furniture, fixtures and equipment of Temecula Marine Center Inc. based on a date of value of June 30, 2011 (referred to below as "Crockett Appraisal"). Temecula Marine agrees to remove from the Subject Property no later than the Move Date all personal property, vehicles, boats, supplies, inventory, moveable equipment and items, including but not limited to those items described on pages 6 through 16 of the Crockett Appraisal. Pages 6 through 16 of the Crockett Appraisal are attached collectively as Exhibit "A" hereto and incorporated herein by this reference. Temecula Marine further agrees to remove and discard all rubbish and debris from the Subject Property no later than the Move Date. b. Any personal property remaining on the Subject Property after the date on which Temecula Marine vacates the Subject Property or the Move Date, whichever is sooner, shall belong to the City and may be disposed of by the City in its discretion without further notice to Temecula Marine or any other person or entity and without liability to the City. Temecula Marine agrees and acknowledges, however, that the City will deduct from the Security Deposit discussed in Section 3.d. above, the reasonable costs incurred by the City to remove any such personal property or debris from the Subject Property, cleaning costs or costs to repair the Subject Property. 5. Compliance with California Relocation Law and Relocation Guidelines. Temecula Marine hereby agrees and acknowledges that pursuant to this Agreement, the City is complying with its obligations to Temecula Marine, as a displaced business, under the Uniform Relocation Assistance and Real Property Acquisition. Policies Act of 1970 (42 U.S.C. 4601 et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.) and that the City has no further obligations to Temecula Marine under these provisions or under the lease. Accordingly, Temecula Marine hereby waives and holds harmless the City, for any and all claims, damages due to breach or any other circumstance, claims for severance and other damages, inverse condemnation, bonus lease and /or leasehold interest claims, pre - condemnation damages, relocation benefits and assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.), moving and related expenses, business reestablishment expenses, expenses relating to the search for a new business, bonus lease value, loss of profits, leasehold improvements, attached furniture, fixtures and equipment, any relocation claims submitted and not paid, loss of business goodwill under the Eminent Domain 1.1 nRf,.n 166 \ 14014A7v1 tiny. Law, Code of Civil Procedure Section 1263.510, inventory, and all other claims or losses relating to the City's acquisition of the Subject Property, the early termination of the lease by Temecula Marine, or the displacement of Temecula Marine from the Subject Property. Temecula Marine acknowledges and agrees that pursuant to the express terms of the lease, it is not entitled to any compensation for the leasehold improvements on the Subject Property, including but not limited to any such leasehold improvements identified on page 5 of the Crockett Appraisal and on Exhibit "B" hereto, which is incorporated herein by this reference. 6. Attached Fixtures and Equipment. Temecula Marine agrees and acknowledges that the payment of $128,745 includes compensation in the amount of $25,745, representing the fair market value of the attached fixtures and equipment identified on pages 1 through 3 of the Crockett Appraisal, which are attached collectively as Exhibit "C" hereto and incorporated herein by this reference. Temecula Marine also represents and warrants these attached fixtures and equipment are on that Subject Property as of the Effective Date of this Agreement and that they will remain on the Subject Property as of the Move Date. Temecula Marine agrees and acknowledges that the City is compensating Temecula Marine for these items and that Temecula Marine shall not remove these attached fixtures and equipment when it vacates the Subject Property unless it receives prior written authorization from the City. Temecula Marine further agrees and acknowledges that the City will deduct from the $29,234 Security Deposit discussed in Section 3.d. above, the fair market value as set forth in the Crockett Appraisal of any attached fixtures and equipment identified on Exhibit "C" hereto that have been removed from the Subject Property as of the Move Date. 7. Notices. Any notice that either party may or is required to give shall be in writing and given by personal delivery or mailing same by certified mail, return receipt requested, postage prepaid, to the other party at the address shown below or at such other place as may be designated by the parties from time to time, and any notice so mailed shall be deemed received on the third day after mailing. City: 1 rnR4.111tiR\141 r,x vl .inr• Copy to: City of Temecula 41000 Main Street Post Office Box 1033 Temecula, California 92589 -1033 Attention: Greg Butler, Director of Public Works/ City Engineer Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue, 40th Floor Los Angeles, California 90071.3101 Temecula Marine: Temecula Marine Center, Inc. Attention: Michael and Christine Smith 45434 Callesito Altar Temecula, California 92592 -6- S. Warranties of Temecula Marine. Temecula Marine represents, warrants and covenants to the City the following as of the Effective Date of this Agreement and as of the Move Date: a. No Proceedings. Temecula Marine represents and warrants that, to the best of Temecula Marine's knowledge, there are no legal actions, suits, or other legal or administrative proceedings, pending or threatened against or affecting Temecula Marine's right to occupy the Subject Property. Temecula Marine has not received and is not aware of any notice from any entity with respect to any current or future proceeding against, or basis for any future proceeding against, or affecting Temecula Marine's right to occupy the Subject Property, or concerning any existing or potential, past, present or future hazardous materials at the Subject Property. b. No Violation of Laws. Temecula Marine represents and warrants that, to the best of Temecula Marine's knowledge, as of the Effective Date of this Agreement and as of the Move Date, the Subject Property is not in violation of any Environmental Laws, ordinance or regulation of any governmental authority relating to environmental conditions on, under or about the Subject Property, including, but not limited to, soil and groundwater conditions. e. Hazardous Materials. Temecula Marine represents and warrants that, to the best of Temecula Marine's knowledge, Temecula Marine did not use, generate, release, discharge, store or dispose of any hazardous waste, toxic substances or related materials on, or under, in or about the Subject Property or transport any hazardous materials to or from the Subject Property and that it will not use, generate, release, discharge, store or dispose of any hazardous waste, toxic substances or related materials on, or under in or about the Subject Property prior to the Move Date. d. Clear Title. Temecula Marine warrants that its right to occupy the Subject Property pursuant to the lease is free of liens and other encumbrances. Specifically, Temecula Marine warrants that it is the sole occupant of the Subject Property and that Temecula Marine is not aware of any other party that has a right to occupy the Subject Property, except for the City of Temecula pursuant to the City' interest as Lessor of the Subject Property pursuant to the assignment of the lease. Temecula Marine warrants that, as of the Effective Date of this Agreement and the Move Date, it has not and will not encumber or perrnit encumbrance of the Subject Property in any way and that it has not and will not grant any property interest, contract or occupancy right relating to the Subject Property or any portion thereof. e. Contracts. Temecula Marine hereby covenants, represents, and warrants that on the Move Date, there will be no contracts, licenses, commitments, or undertakings concerning maintenance, operation, or repair of the Subject Property, or equipment on the Subject Property, or the performance of services on the Subject Property, including payment for such services performed prior to the Move Date, or the use of the Subject Property, or any part of it, by which the City would become obligated or liable to any person. If any person or entity makes a lawful claim for payment for services performed prior to the Move Date, Temecula Marine shall be obligated to pay or cause to be paid such claim prior to the Move Date, subject to Temecula Marine's right to contest the validity of such claim. If any such claim is made after the Move Date, Temecula Marine shall indemnify, defend, and hold the City harmless from any 1 I riats.n AM raA f dAltrl tine. _7_ and all claims, demands, or liability. Temecula Marine agrees that it will coordinate with the City the transfer of all utility services at the Subject Property contracted by Temecula Marine or in Temecula Marine's name. Temecula Marine is responsible for all utility charges for the Subject Property incurred prior to the date it vacates the Subject Property or the Move Date, whichever is sooner. f. No Default. Temecula Marine hereby covenants, represents, and warrants that, to the best of Temecula Marine's knowledge and belief, Temecula Marine has not received a notice of any default under any contract, transaction, agreement, encumbrance, or instrument pertaining to the Subject Property, which has remained uncured as of the Effective Date of this Agreement. The obligation to notify City of notices of default shall extend to the Move Date. g. Indemnification. Temecula Marine agrees to indemnify, defend, and hold the City harmless for breach of the warranties set forth above in subsections (a) through (g) of this Section 8. 9. Certain Definitions. a. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by- product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos- containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C.. Section 2601 et seq.; source material, special nuclear material, by- product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929..5(e)(2) or California Code of Civil Procedure Section 736(fj(3); and any other substance or material regulated by any Environmental Laws. b. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean -up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq..; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 3 OOf et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as 1 I ARt5-11 I Mil 14414610 de ' -8- amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 10. Further Documents. Each party will execute,. acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, as may reasonably be necessary in order to carry out the intent and purpose of this Agreement. 11. Amendments. Any amendments to this Agreement will be effective only when duly executed by both Temecula Marine and the City. 12. Waiver and Release. Except for any breach of terms or conditions contained in this Agreement, Temecula Marine waives and forever release the City, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on the City's behalf, of and from any and all claims, demands, actions or causes of action, liabilities or claims for further compensation, known or unknown, based upon or arising in connection with the City's acquisition of the Subject Property, the proposed project, or Temecula Marine's displacement from the Subject Property. Temecula Marine acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Temecula Marine hereby acknowledge that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that Temecula Marine may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: "A general release does not extend to elaims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Temecula Marine's Initials: City's Initials: 13. Miscellaneous. -9- 1 IY1RX_A'C I dhlu'l Ants a. Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Temecula Marine and the City on the subject matter of this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Temecula Marine and the City acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no such agreement, statement, representation or promise that is not contained herein will be valid or binding on Temecula Marine or the City. c. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time of Essence. The parties acknowledge that time is of the essence in this Agreement. e.. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile signatures will be deemed to be original signatures, and will be followed by the delivery of the original signature pages by U.S. Mail. f No Third ?arty Beneficiary Rights. This Agreement is entered into for the sole benefit of Temecula Marine and the City and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. g. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. h. Interpretation and Construction. Each party has reviewed this Agreement and that each has had the opportunity to have its respective counsel review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference oniy, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. i. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, 1 i(A2(._FPP/MTaoI ).n el . -10- negotiation, arbitration or settlement will be entitled to recover from the other party its costs and reasonable attorneys' fees . Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. k. Exhibits.. The exhibits and schedules attached hereto are incorporated in this Agreement by reference herein. 1. [This Space Intentionally Left Blank; Signatures Begin On The Next Pagel 111104.111AM TAO I44).,2 ,. -1 1- IN WITNESS WHEREOF, this All- Inclusive Settlement Agreement and General Release is effective as of the day and year first written above. MICHAEL SMITH Dated: ,,,,,4 a6 (� CHRISTINE SMITH Dated- X4.444. 6) TEMECULA MARINE CENTER INC. Dated: clde4 1 a (r O /3/- By: / l 0 , By: CiA4 1)L6 By: Michael Smith, P(esident By: -12- Michael Smith Christine Smith 4 1/ 1 4 1 arnctle-"-4 Christine Smith, Corporate Secretary CITY OF TEMECULA, a Municipal Corporation Dated: ATTEST: Susan W. Jones, MMC, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney 11/104 /114411,10144.1 .,1 .i By Chuck Washington, Mayor _13_ Exhibit "A" Pages 6 through 16 of the Crockett Appraisal Temecula Marine Center Sales Area (Moveable) July 18,2011 ITEM OTY DESCRIPTION NR/RC FMV LV 14. 1 - Door alarm Best Security mdl. - -- 2 post $ 305 $ 205 $ 0 15. 1 - Literature display VENDER SUPPLIED' 16. 3 - Shelf units 2'x mtl grid, 5 tier 435 330 195 17. 1. - Garment rack 4 arm mtl /plastic Mercury Parts (Picture 1) (Picture 1) (Picture 1) (Picture I, 2) (Picture I, 2) 105 Page 6 84 50 18. 12 - Grid racks 2' x 7' mtl 360 288 168 19. 6 - Slat wall gondolas 48" x 42" x 54" wd /mtl, sgl tier 1,620 1,230 750 20. I - Slat wall gondola 42" x 18" x 54" wd/mtl 270 205 125 21. 1 - Rope display VENDER SUPPLIED 22. 3 - Display cases 70" x 18" x 36" wd/glass 1,470 1,035 615 23. 2 - Counters 70" x 20" x 36" formica 680 480 290 24. 1 - Stool stl, vinyl 85 55 30 Prepared by Crockett & Associates, Ltd. ( Temecula Marine Center Sales Area (Moveable) July 18, 2011 ITEM QTY DESCRIPTION 28. Page 7 NR/RC FMV LV 25. I - Shelf unit 2 5 "x12 "x30" wd, 3 tier $ 55 $ 37 5 20 26. 2 - Corner shelf units 26" x 12" x 38" formica, 3 tier 410 290 170 27. 1 - Battery stand VENDER SUPPLIED 1 - Lot misc. sales equipment comprising: 3 floor mats I display, floor 4 baskets, plastic 1 catalog rack etc 440 265 155 $ 6,235 S 4,504 $ 2,568 Prepared by Crockett & Associates, Ltd. 'emecula Marine Center arts Area (Moveable) my 18,2011 rEM OTY DESCRIPTION 29. 1 - Stool stl, vinyl (Picture 4) 30. 1 Shop desk 3' x 2 'h' stl, 1 drw (Picture 4. 5) 31. 1 - Battery rack VENDER SUPPLIED 32. 4 - Shelf units 6'x2'x6' mtl grid, 4 tier 1,280 1,020 600 (Picture 4, 5) 33. 1 - Tool can NOT COMPANY OWNED 34. I - Computer desk 39" x 26" wd/mtl w/ high shelf 400 280 170 (Picture 4, 5) 35. 1 - Stool plastic, cloth (Picture 4, 5) 36. 1 - Literature rack (Picture 4) 37. I - Shelf unit 25" x 12" x 30" formica, 3 tier 39. 1 - Table 30" dia SS const (Picture 4) 205 Page 8 NR /RC FMV LV $ 85 $ 55 $ 30 140 85 85 50 30 VENDER SUPPLIED' 55 35 20 38. 1 - Time clock Acro Print clock face 375 280 170 175 135 80 Prepared by Crockett & Associates, Ltd. 'emecula Marine Center 'arts Area (Moveable) my 18, 2011 TEM Q'I'Y DESCRIPTION 40. 1 - Bin unit 3'x 1'/'x6% stl, 10 tier 41. 16 - Shelf units 4'x 1'' /s' x 6' w(/stl, 6 tier 42. 2 - Stools stl, vinyl 46. 5 - Drawer units 47. 1 - Lot misc. equipment comprising: 3 fire extinguishers 1 fan, 2' I floor mat 2 clocks 1 literature rack 2 folding tables 4 walkie talkies Page 9 NR/RC FMV L,V 520 $ 390 3 235 3,360 2,560 1,520 170 110 60 43. 1 - Battery rack NOT COMPANY OWNED 44. 6 - Shelf units 4'x2'x3' wd /stl, 4 tier 690 540 300 45. 2 - Files, stl 2 drw, letter 240 140 80 805 485 290 $ 8,445 $ 6,220 $ 3,670 Prepared by Crockett & Associates, Ltd. Temecula Marine Center Oftice Area (Moveable) July 18, 2011 ITEM OTY DESCRIPTION 48. 5 Files, stl Hon 4 drw, letter (Picture 6) 49. 1 - Table, formica "Oval" shape 96" x 44" O.A. 50. I - Refrigerator 4 cf 190 51. 2 - Shelf units 28" x 12" x 72" wd, 7 tier 560 400 240 52. 1 - Copier Hewlett Packard "OfficeJet" mdl. G85xi 53. 1 - Shelf unit 2'x1'x2' wd, 3 tier 54. 1 - Refrigerator Maytag 21 cf, 2 dr SS finish 55. 2 - Shelf units 6'x2'x6' mtl grid, 4 tier 56. 3 - Steno chairs plastic, cloth 570 390 240 (Picture 6) (Picture 6) Page 10 NR /RC FMV LV 5 1,500 $ 1,125 $ 675 760 (As Is) 90 90 50 1,450 570 340 115 69 85 64 40 640 870 520 480 290 57. 1 - Desk, wd "Wing" shape 60" & 60" x 24 ", D/P w/ high shelf 780 470 280 58. I - Desk, wd 70" x 24 ", DTP 475 285 170 (Picture 6) Prepared by Crockett & Associates, Ltd Temecula Marine Center office Area (Moveable) July 18, 2011 !TEM OTY DESCRIPTION 59. 4 - Lockers 14" x 14" x 66" mtl, I dr Page 11 NR /RC FMV LV 640 $ 480 $ 280 60. 1 Tool cart NOT COMPANY OWNED 61. 1 - Lot decorations NOT VALUED 62. I - Lot misc. office equipment comprising: I stand I drawer unit I clock 1 rug 1 television I fire extinguisher 1 scale 1 hand truck etc. 850 500 300 $ 8,590 $ 5,839 $ 3,494 Prepared by Crockett & Associates, Ltd. emecula Marine Center iop #1 (Moveable) ily 18,2011 'EM OTY DESCRIPTION 53. 1 - Table 3'dia wd const w/ 2 stools. wd w/ back S 770 5 540 5 (Picture 7) 54. 19 - Tool carts (Picture 9, 10) 55. t - Evaporative cooler, portable Master Cool (Picture 8) 56. 2 - Stools stl, vinyl (Picture 8) 57. 1 - File, stl 4 drw, letter 58. 1 - Cabinet 36" x 14" x 66" stl, 2 dr 59. 2 - Workbenches 72" x 30" stl const 770 540 320 (Picture 9) 70. 1 Air compressor Ingersoll Rand 2 cyl, 2 stg, 5 hp 60 gal rec (Picture 8) 71. 1 Battery charger NAPA indl. 85 -5000 200 amp (Picture 9) 72. 2 Engine stands 240 230 Page 12 NR /RC FMV LV NOT COMPANY OWNED 240 180 105 170 110 60 360 215 130 170 100 1,400 1.125 675 170 125 75 154 90 Prepared by Crockett & Associates, Ltd. Temecula Marine Center Shop #1 (Moveable) July 18,2011 ITEM OTY DESCRIPTION 73. 1 - Are welder Lincoln "Weld -Pak 100" 74. 1 - Drill press Sears "Craftsman" 14 " swing 395 280 170 (Picture 9, 10) 75. 1 - Table saw Sears "Craftsman" 10" blade (Picture 9, 10) 76. 1 - Lot power tools comprising: 1 belt/disk sander Sears 1 cutoff saw Ridgid mdl. CM 14500 t bench grinder, 6" Sears w/ stand (Picture 10) 77. 1 - Hydraulic press Central Hydraulics 20 ton cap (Picture 10) 78. 1 - Workbench Sears 60" x 24" wd/stl, 2 drw w/ 2 vises (As Is) Page 13 NR/RC FMV LV 470 $ 315 $ 185 360 260 260 150 240 445 220 130 160 95 300 180 79. I Welding outfit oxy- acetylene 700 470 300 80. 2 Spill containment pallets 4' x 4' plastic 600 420 250 81. I Spill containment pallet 10'x2' plastic 670 500 300 Prepared by Crockett & Associates, Ltd. Temecula Marine Center Shop #1 (Moveable) July 18, 2011 [TEM OTY DESCRIPTION NRJRC FMV LV 82. 2 - Vacuums, shop $ 260 $ 170 5 100 83. 1 - Steps, ponable stl, 5 step 365 245 145 84. 1 - Pressure washer Excell mdl. XR2600 88. 1 Forklift Caterpillar mdl. GP25K 5000 lb cap ser. AT 178-10568 (Picture 11) (As Es) 420 Page 14 180 110 85. 1 - Cabinet, flammable storage Justrite 24" x 18" x 35" stl, 1 dr 450 300 180 86. 1 - Shed 4'x2'x6' plastic, 2 dr 420 280 165 87. 1 Pallet jack Eagleman mdl. L65 5500 Ib cap 250 150 90 10,800 10,800 6.500 89. 4 - Boat jacks Yardarm Marine 5,650 4,200 2,500 (Picture 12) 90. 1 Lot misc. shop equipment comprising: 1 cart, flat bed 4 outboard stands 1 hose cart I mop pail 3 floor mats 1 fan, 30" 1 hand truck 1 folding table 1 ladder, 6' 1 heater, propane etc. 1,350 800 480 $ 28,455 $ 23,209 $ 13,910 Prepared by Crockett & Associates, Ltd. Temecula Marine Center Back Shop (Moveable) July 18, 2011 ITEM QTY DESCRIPTION 91. 1 Picnic table 4' h' long rntl. const 2 benches 92. 1 floor jack mfg. - -- 3' ton 91 1 Sign 10' x 5 'h' wd const "Temecula" "Marine Center" 95. 1 - Lot misc. stored cabinets, benches, displays, lawn mower & vending machine. 96. $ 750 $ 500 $ 300 480 320 190 NOT VALUED 94. 1 - Cart, boat Yardarm Marine 725 500 300 NOT VALUED - Lot misc. shop equipment comprising: 1 cart, yard 3 safety cones brooms mops etc. 300 180 105 $ 2,255 $ 1,500 $ 895 Prepared by Crockett & Associates, Ltd. Temecula Marine Center Yard (Moveable) July 18,2011 ITEM OTY DESCRIPTION 97. 1 Test tank Kerr's Marine Tools 10'x3'x3' aluminum const (Picture 13) Page 16 NR /RC FMV LV $ 3,375 5 2,375 $ 1,425 98. 1 - Lot decor 5 bollards w/ rope 625 420 250 99. 1 - Container 20'x8'x8' stl const 1,500 1,500 900 (Picture 14) $ 5,500 $ 4,295 $ 2,575 Prepared by Crockett & Associates, Ltd. Exhibit `B" Page 5 of the Crockett Appraisal Temecula Marine Center Leasehold Improvements July 18, 2011 ITEM QTY DESCRIPTION (Picture I, 2, 4, 5, 7, 9) Page 5 NR/RC FMV LV 13. Leasehold improvements comprising: flooring vinyl tile carpet partitions drywall on frame drywall /plywood on frame finish paint inside outside ceiling suspended acoustical plumbing water closets (2) sinks (2) heating, ventilation and air conditioning packaged unit on roof wiring breaker panels (2) switches receptacles conduit lights fluorescent yard asphalt surface seal concrete gate fence $ 31,000 $ 20,700 $ 0 Prepared by Crockett & Associates, Ltd. Exhibit "C" Pages 1 through 3 of the Crockett Appraisal Temecula Marine Center Sales Area (Attached) July 18, 2011 ITEM OTY DESCRIPTION 1 - Lot slat wall 605 sf (Picture 1, 2) 2. 1 - Security mirror 1 1/2' dia (Picture 2) 3. 1 - Security mirror 2'/ dia (Picture 1) 4. 1 - Sign, price board 8' x 4' plastic 1,300 1,050 200 (Picture 2) 5. 1 - Computer system comprising: 1 point of sale system Dell "Optiplex" mdl. GX620 w/ 1 cash drawer I monitor 1 battery 2 printers OKI "Microline 420" 1 computer Dell "PowerEdge" mdl. SC430 w/ monitor 1 computer Compaq "Presario" mdl. SP I II ONX w/ monitor 2 computers Dell "Dimension" mdl. 2000 I barcode reader 1 computer Hewlett Packard "Pavilion" mdl. A7ION w/ monitor (Continued next page) Page 1 NR/RC FMV LV 5 3,025 S 2,050 8 0 44 31 3 98 69 7 Prepared by Crockett & Associates, Ltd. Temecula Marine Center Sales Area (Attached) July 18, 2011 ITEM OTY DESCRIPTION 1 printer Dell mdl. MFPI815dN Page 2 NR/RC FMV LV $ 22,800 $ 11,400 $ 6,500 (Picture 3) $ 27,267 $ 14,600 $ 6,710 Prepared by Crockett & Associates, Ltd Temecula Marine Center Parts Area (Attached) July 18, 2011 Page 3 ITEM OTY DESCRIPTION NR/RC FMV LV 6. 1 - Music system w/ I radio Aiwa mdl. CX- NHMA86 w/ speakers 1 radio Yamaha mdl. HTR -8130 w/ speakers (As Is) $ 725 $ 725 $ 300 7. 1 - Telephone system w/ 4 instruments 3 lines 800 540 0 8. 1 - Video system w/ 1 controller 9 cameras 6,000 4,000 400 9. 1 - Alarm system infrared 1,800 1,200 0 $ 9,325 $ 6,465 $ 700 Prepared by Crockett & Associates, Ltd. THE CITY OF TEMECULA i'n^r "Ohl 'I'riuhtions, New Opportunities" Temecula Marine Center Inc. 0 Temecula Marine Center Inc. 375 750 1125 ft. Map center: 6282788, 2132007 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. City / Streets Parcels Legend Scale: 1:3,867 Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works /City Engineer DATE: October 9, 2012 SUBJECT: Acceptance of Improvements and Notice of Completion for the Community Recreation Center Roof Replacement, PW11 -06 PREPARED BY: David McBride, Senior Engineer — CIP Bill McAteer, Construction Manager RECOMMENDATION: Approvals City Attorney Chief Financial Officer City Manager ffrzie;r gm) 1. Accept the construction of the Community Recreation Center (CRC) Roof Replacement, PW11 -06, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one -year Maintenance Bond in the amount of 10% of the contract amount; 3. Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On January 24, 2012, the City awarded a construction contract to MK Prestige Builders, Inc. in the amount of $215,500 to complete the Community Recreation Center (CRC) Roof Replacement, PW11 -06. The purpose of the project was to replace built up roof sections of the CRC that were nearing the end of their useful lives and required intensive maintenance /repair on annual basis. The Contractor has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works. All work will be warranted for a period of one year from May 21, 2012; the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Community Recreation Center (CRC) Roof Replacement Project is included in the City's FY2012 -2016 Capital Improvement Program under City Facilities Rehabilitation, which is funded with Capital Project Reserves. Sufficient funds are available in the project accounts. The base amount of the construction contract was $215,500 and contract change orders totaled $1,872, for a total contract amount of $217,372. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street Temecula, CA 92589 -9033 92590. NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to MK Prestige Builders, Inc., 22661 Lambert Ave., Suite 206, Lake Forrest, CA 92630 to perform the following work of improvement: COMMUNITY RECREATION CENTER ROOF REPLACEMENT Project No. PW11 -06 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on October 9, 2012. That upon said contract the American Fire and Casualty Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: COMMUNITY RECREATION CENTER ROOF REPLACEMENT Project No. PW11 -06 6. The location of said property is: 30875 Rancho Vista Road, Temecula, CA 92592 Dated at Temecula, California, this 9 th day of October 2012 City of Temecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones MMC, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 9 day of October. 2012 City of Temecula Susan W. Jones MMC, City Clerk CITY OF TEMECULA,- DEPARTMENT OF PUBLIC 'WORKS TEMECULA COMMUNITY SERVICES DISTRICT 'MAINTENANCE: BOND C,QMM(1JVITYRECREA,1ION CENTER ROOF REPLACEMENT PRO4ECT. PW11 -06 KNOW ALL PARSONS BY THESE PRESENT TFIAT, Bond No. 024034969 -01 Pr included in Performarice Bond D2K ..Prestige B.iaiir3ers Inc 226.1 Lambert Ave #2Q6 Lake Forest „• CA 92630 get?I A'NOA'PPRESSPIONTRACTOO • or oration hereinafter called Principal, .and . p {11R Li ilielhe, a CorporatM pafiw23h/p or hiarvldualJ American : .`.F ire ; ,and._Casualty Company: 7.90 .Th'e City. `Drive SOutn; Ste.. 200 Orange, CA 92868 NAME ANU:ADDRESS OF SURETY hereinafter. Calle& SURETY are held acrd •firtAly; bound unto CITY OF 1:040014^ 4 : hereinafter . salted OWNER, in`the!penal sum of.Twerzty One TY�i . Viand seven 1i mdred TT} rig :Seven DOLLARS;tind 2 O; /'. • CENTS ($ 2 7 3 7 .:2 Q ) In .lawful money of the UriIted States, said sum being not fess:lhan .: of the: :Contract::vAe payable by the saidity..of TemeCUla under the ter'ri'ts of, the: Contract for the payment.: of which, we bind' ourselves, successors,, anal assigns, jointly: and . S6Y81�t lty, firinty by these presents. • THE:'CON D:ITION OF THIS. OBLIGATION :1s, such : that whereas,, the Principal entered into a, .certaifp Cc tract with .the OWNER; . dated the .:2 4 r (iay:a • r41n1 zary 20:12, a 'copy of iatrh ch . rs hereto attached .. and- made a art' hereof foil :thp c ilstruction of COMMUNITY, Rl=CREM1ON CEMTER.irTOOF REPLACEM PROJECTIN:o P1N:1>'1.-O6. WHEFREAS :: provides that :the Principal will fumish a bondl.conditioned to guarantee for ttae periad or'one (1) year after approval. of the final estimate on, job, by the OWNER, against all defect' in worktiian s hip : andmaterials which may become apparent during said WHEREAS, the said Contract has doinplefed, and the final. estimate w a s approved on 2 st � , 2012. NOW, THEREF.ORE, THE CONDITION OF THIS OBUGATION 14 SUCH, that if within_one year from the •of approval of the final :etirr ate on said job pursuant to: the Contract, the work done under the terms. of said Contract shell disclose•.poor workmanship in the execution of sbid work; and the carrying; out of the term..s of said Contract or it:s.hall appear that defective chretenals were furnished Ihereunder, them this: obligation shall remain in full force and.virtue, ot4INils'a : ahi ”. instrument: shall be void. MAINTEN,AMOE;BOND M-1 20111019 PW11.O . peaB. As a part. of theogligation secured hereby and In; addition to the:. face amountspecified, costs and reasonabl expenses and feesshali be included incluoi'ng reasonable:attomeys' fees!incurred by the "City, :Of „ Temecula in successfully:: enforcing. this obligation, all. to ..be taxed: . costs ..and . included in; any:judgmentl'rendered The Surety hereby stipulates • andagrees: #h •no change, . eXtension of time, alteration; or addition to the terms of the Contract, onto the work to be ,performed th'eras rider, or to. the specifications accompanying the sarmie,:shall in.any: way affect; its obligations or this bond, and it does hereby. waive notice Of any such change, extension of time; alteration, : or:.addition to the .terms of, the Contract, or to: the: work, onto the Specifications: Signed ;and 'sealed this $ day of (Seal) SURETY , American: Fire and Cas:ualty Company By: Rosa`,. Rivas (■ame). . • Attorney • In -Fact • (Title):.. APPROVED ASTO FORM:: Peter:Wk. Thorson, City Attorney ..! Attach Notarial Acknowledgement .or Jurat frig August 2012. (Title) Bv' arie:) (Title) both tho:Surety and. Principal ~Signatures .20111019 PW11-063pecs CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 08/08/2012 before me, E. Garibay, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rosa E. Rivas Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General R Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: E. GARIBAY COMMISSION *1880001 Notary Public - California g ORANGE COUNTY v My Commission Expires FEBRUARY 12, 2014 RIGHTTHUMBPRINT OF SIGNER Top of thumb here who proved to mg on the basis of satisfactory evidence to be the person whose name(eris/ subscribed to the within instrum nt and acknowledged to me that e/she executed the same in her /tom authorized capacity and that 1}yer /t signs ul re( on the instrument the person r the entity upon behalf of which the person acted, executed the instrument. OPTIONAL } Name(s) of Signer(s) Witness my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer Is Representing: certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5383007 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies "), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, EUGENE T. ZONDLO, ROSA E. RIVAS, EDITH GARIBAY, all of the city of IRVINE state of CALIFORNIA each individually if there be more than one named, its true and lawful attomey -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this PowerofAttorney has been subscribed by an authorized officeror official of the Companies and the corporate seals of the Companies have been affixed thereto this 15th day of STATE OF WASHINGTON COUNTY OF KING May , 2012 , ss American Fire and Casualty Company The Ohio Casualty Insurance Company West American Insurance Company On this 15th day of May 2012 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, Peerless Insurance Company and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. w . NOTARY Pui3:,IC This Power of Attorney is made and executed pursuant to and by authority of the following By -laws and Aiitfiorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless Insurance Company, which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorney -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and biding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The American Insurance Company and Peerless Insurance Company do hereby certify that the original power Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this POA -AFCC, LMIC, OCIC, PIC & WAIC LMS_12873_041012 Liberty Mutual Insurance Company Peerless Insurance Company By: By: KAbet KD Riley , Nota Public Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, West of attorney of which the foregoing is a full, true and correct copy of the Power of 8th day ofAugust 2012 . By: American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Peerless Insurance Company West American Insurance Company Gregory W. Davenport, Assistant Secretary David M. Carey, Assistant Secretary z z CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of On /2c'2 1,224) 20/2 before me, /4/aQn7UZ Alo %9- yi . Date Here Insert Name and Title of th Officer } personally appeared /d44eJr. /flad/7 CI4JL Names) of Signer(s) HORMOZ DALAEI Commission # 1848482 Notary Public - California Orange County My Comm. Expires May 10, 2013 Place Notary Seal Above Though the information below is not required by law, it may prove va and could prevent fraudulent removal and reattachment of thi Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here who proved to me on the basis of satisfactory evidence to be the person(,%) whose name(V) is /ar6 subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /helftheir authorized capacity(iee), and that by his /her heir signature0 on the instrument the person(, , or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL ►1-Z %f, ens relying on the document r to another document. Signature of Nota Public Description of Attached Document Title or Type of Document: //,9j / /1iJI+i -JL, Document Date: .1fi fi..C/ ,,2 U/-2 Signer(s) Other Than Named Above: A/4 Number of Pages: /5 / Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 7 Signer Is Representing: d - a�. ay .._ _ y-e. ,V �• - - a&4 a - &'- . "V.e. a; ..v yam. • a7b�. - an , e 274S27, - d , as el1�4 yW - a - d - er & .vver ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 CITYOF TEMECULA, DEPARTMENT OF PUBLIC WORKS TEMECULA COMMUNITY SERVICES DISTRICT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE COMMUNITY RECREATION CENTER ROOF REPLACEMENT PROJECT NO. PW1 I-06 This is to certify that JvK 20.6mfe 3..1w6as, (hereinafter the "CONTRACTOR ") declares to the City of Temecula, under oath, that he/she /it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bilis contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as COMMUNITY CENTER ROOF REPLACEMENT, PROJECT NO. PW11 -06, situated in the City of Temecula, State of California, more particularly described as follows: 3c)BiCeRA,04#0 LJ s-rA k -Ti '- cA 4 2 S 4 2— INSERT ADDRESS OR DESCRIBE LOCATION OF WORK HERE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the foilowing amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action'hich exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: £9 t D2 f2 RELEASE By: Signature / l Print Name and Title R - 1 20111019 PW11.06 specs Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Aaron Adams, Executive Director of Community Services DATE: October 9, 2012 SUBJECT: Help Ride Bike & Music Festival PREPARED BY: Julie Pelletier, Recreation Superintendent Approvals City Attorney Chief Financial Officer City Manager RECOMMENDATION: Approve the Sponsorship Agreement with All From the Heart in the amount of $2,000 for the Help Ride Bike & Music Festival. BACKGROUND: Staff received a request from All From the Heart to provide city support costs for the annual Help Ride Bike & Music Festival. The Economic Development Sub - Committee of the City Council (Mayor Chuck Washington and Council Member Ron Roberts) met on March 22, 2012 to review the budget on this special event and recommended continued Police Department support in the amount of $2,000. There will be no commissions, consultant fees and /or salaries paid to any party from the City of Temecula's sponsorship. The 2012 Help Ride is scheduled for October 27, 2012 and will maintain the same format as last year. The event will be held at Temecula Quaid Harley- Davidson and includes vendors, bike show, poker run, fashion show and live music. Funds raised at the Help Ride will benefit the "All From The Heart" organization which was established in 2004 to support local military families in need. All From the Heart was founded by five individuals that have a heart for assisting these families and desiring to provide them with support in their time of need. Starting in 2003, All From The Heart has hosted the "Support our Troops event" each holiday season. On average, over 100 family members of our dedicated troops are treated to a celebration along with gifts, music, barbecue, and Santa on a Harley. FISCAL IMPACT: City support costs in the amount of $2,000 are appropriately budgeted in the current Fiscal Year 2012 -13 Police Department budget within the City's General Fund. ATTACHMENTS: 1. Sponsorship Agreement 2. Economic Development Funding Program Application 3. Event Planning Worksheet 1. RECITALS 2. TERM SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND ALL FROM THE HEART THIS AGREEMENT is made and effective as of this 9 day of October 2012, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City "), and All From the Heart, a 501(C) 3 nonprofit corporation, a California nonprofit corporation (hereinafter referred to as the "Nonprofit "). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Help Ride Bike and Music Festival (hereinafter referred to as the "Event ") on October 27, 2012. The Event is a special event which is located at Quaid Temecua Harley- Davidson Service Center in Temecula. b. The Event includes a poker run, concert, bike show, various vendors, tattoo contest, fashion show, opportunity drawings, food, beer /wine garden and chapter challenges. c. Alcohol "will" be served. d. The City desires to be a Sponsor of the Event. e. The Event will serve as a fundraiser with All From the Heart, a local non- profit organization whose charitable work and contribution have benefited military families, selected to be the primary recipient. Other funds that are available will be designated to other Temecula based charities. The Nonprofit will be reimbursed for their services in promoting this event and for operations. This Agreement shall commence on October 9, 2012 and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2012, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in -kind city- support services valued at an amount not to exceed $2,000 as listed in Exhibit B, the City of Temecula shall be designated as a Sponsor of the Event. As a Sponsor, the City shall receive sponsor benefits as listed in Exhibit A. In the event that City support services exceeds $2,000, the Nonprofit may seek City authorization for payment above that amount. b. The Nonprofit shall support economies of the City of Temecula by promoting and utilizing local businesses (e.g. local food vendors, restaurants, wineries, crafters, etc.) first when competitive and practicable. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Senior Management Analyst a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 5. PERMITS The Nonprofit shall file applications for a Temporary Use Permit and Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City- issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 6. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 7. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and /or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and /or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement. 8. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 9. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 10. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589 -9033 Use this Address for a Delivery Service: City of Temecula or Hand - Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: 12. INDEPENDENT CONTRACTOR All From the Heart Attn: Richard Quaid 40365 Via Francisco Murrieta, CA 92562 a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 13. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 14. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non - substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: By: ATTEST: All From the Heart (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) Chuck Washington, Mayor Richard Quaid, Chairman of the Board By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT Judy Harter, President/Founder All From the Heart 40365 Via Francisco Murrieta, CA 92562 (951) 290 -8387 PM Initials: D B Date: EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS SPONSOR All From the Heart shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo on Printed Material • City of Temecula name on all press releases • City of Temecula name on all Radio Promotion (if applicable) * *Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. Police: $2,000.00 TOTAL: $2,000.00 EXHIBIT "B" IN -KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from the Police Department, we received estimated cost projections for the Help Ride Bike and Music Festival event. The following expenses can be anticipated for the event: CITY OF TEMECULA Fiscal Year 2012 -2013 ECONOMIC DEVELOPMENT FUNDING PROGRAM APPLICATION FOR SPECIAL EVENTS (Please Print or Type) d?.AD o Vl- { i k t �- M u �� L sf� gat. Amount and/or Services Requested: 4. (0 0 Fiscal Year Funding Event Name: Amount and/or Services Received From City In Prior Year: Event Dates: Event Location: 3(LepoY± oP 157m51) 10 12111 ORGANIZATION DATA: Name of Event Organizer: 6 - 0 0 CYO Lk) in ? td C+1 o ✓1 C Contact Name: 1) b v J - \ - /,t ,(6 Title/Position: GO.0 W 11 e r Mailing Address: 31c1 tt' actin CA •'A. Sic 20o -(c+5 Telephone: 6/51 . ( p 5 . 2 J { 1 1 Fax: E -mail: d o✓) € 5,D (den Ct7 Proof fraYS, Size of Organization: Staff 4 Board Members Event Volunteers 10 t- State the number of years that your organization has hosted the proposed event in Temecula. 9-0 12 Is Lf +h How many years has the City of Temecula sponsored your proposed event? Is this organization incorporated in California as a non - profit organization? Li_ PEocEEDS 13 1E F i 'T Yes No X IF "yes" — Date of incorporation as a non - profit: Sev6411_ N cld pet , FiTS To{ Is your organization free from discrimination based on race, color, creed, nationality, sex, marital status, disability, religion, or political affiliation? Does your organization make its event available to all? Yes x No C: \Users\Adria\AppDatall,ocal\ Microsoft\ Windows \Temporary Internet Files \ContenLIE5\MOXQXAUF120I2 -2013 Econ. Dev. Funding Program Application for special Events.doc FINANCIAL STATEMENTS Application Page 2 This Page Must Be Completed And Submitted (Based on your organization's last fiscal year) This form serves as a guideline of the financial information requested. If your organization has financial statements (balance sheet & income statement) please attach. In addition, please attach the organization's current budget for the proposed event. Balance Sheet aS of Assets Cash and Investments Receivables (detail) Inventory Fixed Assets Other Assets Total Assets $ 000 2. 00O00 (Ticketlbeverage sales, entry fees, parking fees, etc.) TOTAL $ 23, 4 - 00 opo 0 0 OO 000.00 70,000. 00 I ADO. 00 Current Payables 200 . 00 Notes Payable Fund Balance TOTAL Audited: Yes No Liabilities & Fund Balance Total Liabilities & Fund Balance 250 000 00 LFG Please provide the Event Income Statement for the Year Ended Income Expenses Fundraising $ 1) 15+:00 Salaries $ 2 g 00 - 00 Grants $ - Operating Expenses $ 2_00-00 Cash Sponsorships $ (o loo 0. 0 0 Advertising/ $ t) 0 7 c1- 0 0 In -Kind Sponsorships $ ( o J 000 . Promotions City Funds $ 9- Entertainment $ 4,' 5 7. 00 Souvenirs $ Q Rentals $ t 3 . 12_ Vendors $ 5 5 - o0 Insurance/Permit Fees$ 3 0'0 1. 00 Other Sources $ 5, 0&0-0U Other Expenses ' $ 4 $ 3Q - 0 0 $ 2D &5- 12_- Please note with an asterisk ( *) any amounts that require additional explanation, and comment on these items. Macintosh HD:Users:don:Desktop:2012 -2013 Econ. Dev. Funding Program Application for Special Events -l-doc Please note with an asterisk ( *) any amounts that require additional explanation, and comment on these items. Please respond and address the following questions. 4. Please describe your financial reporting. Application Page 3 Event 1. Provide information on your proposed event, goals, promotional program, budget, expected attendance, funding recipients, and location of event. If event venues are held at multiple locations, please list. s Gt-T z ck-e 4f 2. How will the event profits be utilized? 3. Explain how your organization has worked well with the community to mitigate event impacts? 5. If your organization received City of Temecula funding in the previous year, please provide a brief recap of the event, attendance, accomplishments and its economic benefit to Temecula. Explain if the event, goals, marketing program, and attendance were consistent with what was proposed to the City. C: \Use s\Adria\AppData\Local\ Microsoft\Windows \Temporary Internet Files\ContenLIES\MOXQXAUF\2012 -2013 Econ. Dev. Funding Program Application for Special Events.doc SIGNATURE PAGE Application Page 4 We hereby certify the information contained in this application is true to the best of our knowledge and belief. Prepared By: gI Idria. e Po i✓1t �K1C� v>°vj,f Coo rdi /(4.4v President or Authorized Offic (Signature) Organization: 6 f c1 - vi Crock Yl Trocilk 'M Q h S 1 Ra./ ttO CA-. 1 , 200 -1c r1eaJ 2s1i q 5 1. l>, 58.2 1 (Telephone) Mail Completed Applications to: NAME AND TITLE (Please Print or Type) « rL o /t. r �o Awoner v-a /c Iev1 C i cv BAND TITL E (Please Print or Type) 7ro C 7 S (Organization Name) (Mailing Address of Organization) City of Temecula Economic Development Funding Program Christine Damko, Economic Development Analyst Post Office Box 9033 Temecula, CA 92589 -9033 C:1Usera\Adria\AppData\L.ocal\ Microsoft \Windows \Temporary Internet Files \Content_IES\MOXQXAUF\2012 -2013 Econ. Dev. Funding Program Application for Special Events.doc f / (Date) Economic Development Funding Program Application For Special Events 1. Golden Crown Productions is excited to be planning the 4th Annual Help Ride Bike and Music Festival. Attendance in 2011 increased more than 20% over 2010, which included drawing visitors to Old Town from outside the area. We are expecting this trend to continue, and if we are able to move the event to the space in front of the Civic Center, we expect it to grow even more. Currently, the event is held in the Quaid Harley- Davidson property across Front Street from the Harley- Davidson dealership. The Festival is a huge draw and a family - friendly event. 2011 showed over 70 vendors selling all kinds of wares and services, and five national musical acts performing over the course of the day. This funding request, if granted, will allow Golden Crown to provide more benefits to the local residents and businesses, as well as make this a free festival to the Public, similar to the Rod Run. Costs incurred by Golden Crown for this event include sound, staging, lighting, insurance, marketing and promotion, equipment, labor and more. Promoting took place in over 10 local publications and media outlets, and hotels in the area as well as other local businesses saw an increase in traffic. Both the Old Town Temecula Association as well as the Winegrowers Association and other groups endorse this event, and see it becoming a Temecula signature event to replace the second Rod Run. Other regional bike and music festivals have grown to attendance of over 100,000. 2. For 2012, we are asking for $6,000 in cash sponsorship so we can make this festival FREE to the Public. These funds will go toward the relocation of the event to the Civic Center to cover expenses such as fencing, restrooms, temporary power and the like. These funds will also help cover costs of booking national artists to perform at no cost to attendees, and promoting the event outside of the local area to draw attendees to Temecula from other regions. Event profits will be distributed to several non - profit groups based in the Temecula area. 2011 recipients and distributions: 5. N/A • Old Town Temecula Association - $1000 • Temecula Valley Winegrower's Assn. - $1000 • All From the Heart/Wheelchairs for Warriors - $2200 • Temecula Valley HOG (Harley Owner's Group) - $1000 3. Golden Crown Productions, during the last three years the event has taken place, has met with the Old Town Temecula Association and the appropriate City of Temecula departments to review the logistics of the event to optimize production while adhering to public safety regulations and any neighboring business' concerns. We communicate with businesses that may be impacted by the event and work with them as necessary to facilitate a positive environment. Each year we strive to make suggested adjustments to provide a more successful event for our recipient charities and the community. Our objective is to grow this festival into a signature event for Temecula. 4. See attached. Event Name: Date(s) of Event: Event Times (##:##r- ## :##): Event Location: DIRECT COSTS - Add additional lines for each vendor /consultant If Non City Facility - Facility Rental Costs Including all Related Charges Advertising/Promotions Entertainment (DJ, Band, Clown, etc...) Consultant (Instructor, Facilitator, etc...) Equipment Rental Printing/Copy Services (Outside Service) Event Supplies Purchased for Event Event Refreshments INDIRECT COSTS City Facility Rental Rate -Group 4 3hr. Minimum (Highest Use) Room Set Up /Clean Up Fee (If Applied for City Facility) Kitchen Rental Fee -Group 4 3hr. Minimum Printing/Copy Services (In House) Advertising/Marketing /Promotions from Existing Contract or Stock Event Supplies Taken From Existing Stock (Use Current Purchase Price) STAFFING COSTS /SUPPORT (Automatically Entered) TCSD Staff (From TCSD Staff Costs Worksheet) IT Staff (From IT Staff Costs Worksheet) Public Works Staff (From PW Staff Costs Worksheet) Public Safety Staff (From Public Safety Staff Costs Worksheet) Total Staffing /Support Costs REVENUE Ticket Sales from Special Event/Activity (Number of Participants x Fee) Additional Sale Items (One Line Per Item - ie food, booth rental, etc.) Savings Due to Utilization of Volunteers Donations of Proceeds (Subtracted from Revenue) Number of Attendees (Not to Exceed Room Capacity) Cost per Attendee Prepared By: Date: TCSD Executive Director: Date: Help Ride Bike & Music Festival Saturday, October 27, 2012 9:OOam- 5:30pm Quaid Temecula Harley- Davidson Description of Service R:\ADAMIAKD \Permits \Help Ride \Help Ride WorksheetSummary TEMECULA COMMUNITY SERVICES DISTRICT EVEN /ACTIVITY PLANNING WORKSHEET Total Direct Costs Total Indirect Costs Total Costs Total Revenue Total Subsidy $ Budget 2,000.00 2,000.00 2,000.00 (2,000.00) 1,500 Reviewed By: Date: City Manager: Date: Actual Under /(Over) 2,000.00 2,000.00 2,000.00 (2,000.00) 1,500.00 Ld � 2 W O Oft GL 0 0 0 Item No. 10 ACTION MINUTES of September 25, 2012 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS • Paul Jacobs CSD CONSENT CALENDAR 9 Action Minutes — Approved Staff Recommendation (4 -0 -1) Director Naggar made the motion; it was seconded by Director Roberts; and electronic vote reflected approval, with Director Edwards absent. RECOMMENDATION: 9.1 Approve the action minutes of September 11, 2012. 10 First Amendment to the Agreement with Melody's Ad Works, Inc. for Fiscal Year 2012 -13 — Approved Staff Recommendation (4 -0 -1) Director Naggar made the motion; it was seconded by Director Roberts; and electronic vote reflected approval, with Director Edwards absent. RECOMMENDATION: 10.1 Approve the First Amendment to the Agreement with Melody's Ad Works, Inc. for an additional $5,000 for material reimbursement for special events in Old Town Temecula for Fiscal Year 2012 -13. 11 Harveston Lake Paddleboat Concession Amendment — Approved Staff Recommendation (3- 0 -1 -1, Director Comerchero abstained and Director Edwards absent) Director Naggar made the motion; it was seconded by Director Roberts and electronic vote reflect approval, with Director Comerchero abstaining and Director Edwards absent. RECOMMENDATION: 11.1 Approve the First Amendment to the Harveston Lake Paddleboat Concession Agreement. 1 CSD BUSINESS 12 Bike Lane Improvements Update (at the request of Mayor Washington and Mayor Pro Tem Naggar) — Received and filed. RECOMMENDATION: 12.1 Receive and file. By way of Power Point presentation, Associate Planner, Matt Peters, presented the staff report as per agenda material. The following individuals spoke regarding this item: • Zak Schwank • George Niotta • Rick Wessels • Mark Frills CSD DEPARTMENTAL REPORT 13 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 8:45 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, October 9, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk /District Secretary 2 Jeff Comerchero, President Item No. 11 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Genie Wilson, Chief Financial Officer DATE: October 9, 2012 SUBJECT: Financial Statements for Fiscal Year Ended June 30, 2012 PREPARED BY: Rudy Graciano, Revenue Manager Pascale Brown, Accounting Manager Approvals City Attorney Chief Financial Officer City Manager Piie-r 74.0 RECOMMENDATION: Receive and file the Financial Statements for the fiscal year ended June 30, 2012. BACKGROUND: The Temecula Community Services District (TCSD) fourth quarter financial report summarizes financial information from July 1, 2011 through June 30, 2012. The attached financial statements reflect the unaudited activity of TCSD for fiscal year ended June 30, 2012. Please see the attached financial statements for an analytical review of financial activity for the various TCSD funds. FISCAL IMPACT: A fiscal summary of TCSD funds are as follows: Parks and Recreation Operation - Fiscal year ended June 30, 2012, budgeted fund balance versus actual in the Park and Recreation operation fund increased approximately $219,000 primarily due to utility cost savings, salary savings, landscape maintenance savings, other outside services savings, and contract class savings. Also, the savings it due to less project staffing than anticipated at the TCC, Harveston Center, and Conference Center. Service Level B Fund - Fiscal year ended June 30, 2012, budgeted fund balance versus actual in Service Level B fund increased approximately $7,000 primarily due to savings in street lighting and County property tax administration fees. Service Level C Fund - Fiscal year ended June 30, 2012, budgeted fund balance versus actual in Service Level C fund increased approximately $321,000 primarily due to utility cost savings, landscape maintenance savings, and rehabilitation programs. Service Level D Fund - Fiscal year ended June 30, 2012, budgeted fund balance versus actual in Service Level D fund increased approximately $120,000 primarily due to savings in small tools and equipment. Service Level R Fund - Fiscal year ended June 30, 2012, budgeted fund balance versus actual in Service Level R fund increased approximately $8,000 primarily due to savings in emergency street maintenance. Service Level L Fund - Fiscal year ended June 30, 2012, budgeted fund balance versus actual in Service Level L fund increased approximately $49,000 primarily due to savings in other outside services, rehabilitation, and utilities programs. Temecula Library Fund - Fiscal year ended June 30, 2012, budgeted fund balance versus actual in Library fund increased approximately $30,000 due to savings in operations as a result of savings in utilities, contract services, and library contract services. Debt Service Fund — During fiscal year 2011 -12, this fund was closed as a result of the refinancing of the TCSD 2001 COPs which will be paid directly out of the General Fund 2011 Financing Lease 2001 and 2008 COPs fund in the future. ATTACHMENTS: 1. Combining Balance Sheets as of June 30, 2012 2. Statements of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual for the Fiscal Year Ended June 30, 2012 ASSETS: Cash and Investments $ 1,523,963 $ 67,394 $ 1,404,159 $ 65,138 $ 10,092 Receivables 147,219 10,658 41,629 195,500 451 Deposit 4,994 - - - LIABILITIES AND FUND BALANCES: LIABILITIES: Other Current Liabilities $ 987,928 $ 586 $ 174,020 $ 2,308 $ 1,670 TOTAL LIABILITIES 987,928 586 174,020 2,308 1,670 FUND BALANCES: Nonspendable: Deposits Deposits TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of June 30, 2012 Parks & Service Level Service Level Service Level Service Level Recreation B C D R TOTAL ASSETS $ 1,676,176 $ 78,052 $ 1,445,788 $ 260,638 $ 10,543 4,994 Debt Service Committed to: Contractual Obligation - Encumbrances 66,914 Assigned to: Community Services District 616,340 77,466 1,271,768 258,330 8,873 TOTAL FUND BALANCES 688,248 77,466 1,271,768 258,330 8,873 TOTAL LIABILTIES and FUND BALANCE: $ 1,676,176 $ 78,052 $ 1,445,788 $ 260,638 $ 10,543 NOTE: Balances are unaudited 1 ASSETS: TOTAL ASSETS LIABILITIES AND FUND BALANCES: LIABILITIES: Other Current Liabilities TOTAL LIABILITIES TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of June 30, 2012 Service Level L Cash and Investments $ 279,815 $ 274,408 $ 17,998 $ - $ 3,642,967 Receivables 6,902 937 - 403,297 Deposit - 4,994 $ 286,717 $ 275,345 $ 17,998 $ - $ 4,051,259 $ 30,400 $ 36,336 $ 30,400 36,336 2 Summer Library Youth Prog ram 2001 Debt Service Total - $ 1,233,249 - 1,233,249 FUND BALANCES: Nonspendable: Deposits 4,994 Committed to: Contractual Obligation - Encumbrances - - - 66,914 Assigned to: Community Services District 256,317 239,009 17,998 - 2,746,101 TOTAL FUND BALANCES 256,317 239,009 17,998 - 2,818,009 TOTAL LIABILTIES and FUND BALANCES $ 286,717 $ 275,345 $ 17,998 $ - $ 4,051,259 NOTE: Balances are unaudited REVENUES: EXPENDITURES: Revenues Over /(Under) Expenditures Transfers Out Revenues Over /(Under) Expenditures and Transfers Beginning Fund Balance as of July 1, 2011 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CITYWIDE OPERATIONS for the Fiscal Year Ended June 30, 2012 Annual Year -to -Date Percentage Amended Activity Encumbrances Total Activity of Budget Budget Special Tax $ 3,748,631 $ 3,761,190 $ - $ 3,761,190 100% TCSD Admin Fee Credit / "REST" 5,640,227 5,190,227 5,190,227 92% Recreation Program 2,243,737 2,214,431 2,214,431 99% Investment Interest 6,000 8,033 8,033 134% Development Services 93,583 94,263 - 94,263 101% TOTAL REVENUES 11,732,178 11,268,144 11,268,144 96% Parks, Medians, & Arterial Street Lighting 6,283,397 6,143,113 25,748 6,168,861 98% Seniors 308,738 283,305 - 283,305 92% Community Recreation Center (CRC) 554,119 487,204 - 487,204 88% Recreation Programs 964,263 859,399 19,950 879,349 91% Temecula Community Center (TCC) 192,848 147,783 - 147,783 77% Museum 200,180 181,753 181,753 91% Aquatics 669,999 623,958 623,958 93% Sports 334,729 326,631 - 326,631 98% Children's Museum 355,872 327,554 8,400 335,954 94% Community Theater 1,137,486 1,075,647 5,850 1,081,497 95% Cultural Arts 349,796 319,275 6,966 326,241 93% Old Town Maintenance 132,937 119,110 - 119,110 90% Harveston Center 324,098 248,713 248,713 77% Conference Center 47,600 28,953 28,953 61% TOTAL EXPENDITURES 11,856,062 11,172,398 66,914 11,239,312 95% (123,884) 95,746 (597,979) (597,979) (721,863) (502,233) 1,190,481 1,190,481 Ending Fund Balance as of June 30, 2012 $ 468,618 $ 688,248 3 REVENUES: Assessments TCSD Admin Credit/ REST" Street Lighting Fees Investment Interest EXPENDITURES: Salaries and Wages Street Lighting Fees Property Tax Admin Fees STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL B - RESIDENTIAL STREET LIGHTS for the Fiscal Year Ended June 30, 2012 TOTAL REVENUES TOTAL EXPENDITURES Revenues Over /(Under) Expenditures Beginning Fund Balance as of July 1, 2011 Ending Fund Balance as of June 30, 2012 TEMECULA COMMUNITY SERVICES DISTRICT 4 Annual Amended Budget $ 70,187 $ 77,466 Year-to-Date Percentage of Activity Budget $ 641,384 $ 644,042 100% 293,365 293,365 100% 2,160 - 40 680 936,949 938,087 100% 19,005 18,917 100% 925,500 920,944 100% 14,225 12,728 89% 958,730 952,589 99% (21,781) (14,502) 91,968 91,968 REVENUES: TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL C - PERIMETER LANDSCAPING AND SLOPE MAINTENANCE for the Fiscal Year Ended June 30, 2012 Assessments $ 1,582,822 $ 1,607,986 $ 1,607,986 102% Slope Inspection Fees - 1,945 1,945 Investment Interest 7,125 9,674 9,674 136% TOTAL REVENUES 1,589,947 1,619,605 1,619,605 EXPENDITURES: Salaries and Wages 108,079 107,214 107,214 99% Landscape Maintenance 997,988 933,484 933,484 94% Rehabilitation 150,200 91,747 91,747 61% Operating Expenditures 525,992 358,473 358,473 68% TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of July 1, 2011 Ending Fund Balance as of June 30, 2012 Annual Amended Budget Year -to -Date Activity 1,782,259 1,490,919 (192,312) 128,686 1,143,082 1,143,082 $ 950,770 $ 1,271,768 Total Activity Percentage of Budget 1,490,919 84% REVENUES: SERVICE LEVEL D - REFUSE COLLECTION, RECYCLING & STREET SWEEPING for the Fiscal Year Ended June 30, 2012 Assessments $ 5,979,702 $ 5,982,020 $ 5,982,020 100% Grants 27,685 27,685 27,685 100% Recycling Program 5,000 5,531 5,531 111% Investment Interest 3,000 10,543 10,543 351% EXPENDITURES: TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TOTAL REVENUES Salaries and Wages Refuse Hauling Operating Expenditures TOTAL EXPENDITURES Revenues Over /(Under) Expenditures Beginning Fund Balance as of July 1,2011 Ending Fund Balance as of June 30, 2012 Annual Amended Budget 6,015,387 6,025,778 6,025,778 72,506 71,869 5,972,905 5,951,820 137,614 49,618 6,183,025 6,073,306 (167,638) (47,528) 305,857 305,857 $ 138,219 $ 258,330 6 Year -to -Date Total Percentage of Activity Activity Budget 71,869 5,951,820 49,618 6,073,306 99% 100% 36% REVENUES: TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL Assessments Investment Interest EXPENDITURES: SERVICE LEVEL R - STREETS AND ROADS for the Fiscal Year Ended June 30, 2012 TOTAL REVENUES Annual Amended Budget $ 5,532 $ 5,590 5,590 101% 40 61 61 152% 5,572 5,651 5,651 Emergency Street Maintenance 10,000 1,670 1,670 17% Property Tax Admin Fees 150 141 141 94% TOTAL EXPENDITURES 10,150 1,811 1,811 Revenues Over /(Under) Expenditures (4,578) 3,840 Beginning Fund Balance as of July 1, 2011 5,033 5,033 Ending Fund Balance as of June 30, 2012 $ 455 $ 8,873 Total YTD Percentage Activity Activity of Budget REVENUES: TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL EXPENDITURES: SERVICE LEVEL L - LAKE PARK MAINTENANCE for the Fiscal Year Ended June 30, 2012 Assessments $ 225,596 $ 236,481 $ 236,481 105% Harveston Lake Boat Fees 3,600 4,607 4,607 128% Investment Interest 1,300 1,987 1,987 153% TOTAL REVENUES Salaries and Wages Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of July 1, 2011 Ending Fund Balance as of June 30, 2012 Annual Percentage of Amended YTD Activity Total Activity Budget Budget 230,496 243,074 243,074 46,450 46,082 46,082 99% 215,900 179,916 179,916 83% 262,350 225,998 225,998 86% (31,854) 17,076 239,241 239,241 $ 207,387 $ 256,317 REVENUES: STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL EXPENDITURES: TEMECULA COMMUNITY SERVICES DISTRICT TOTAL REVENUES TEMECULA LIBRARY for the Fiscal Year Ended June 30, 2012 Annual Amended Budget Year to Date Total Percentage Activity Activity of Budget Library Services $ 146,501 $ 145,288 $ 145,288 99% REST Contribution 273,511 223,511 223,511 82% Investment Interest 4,000 3,485 3,485 87% 424,012 372,284 372,284 88% Salaries and Wages 50,290 50,007 50,007 99% County Contract 180,000 167,440 167,440 93% Operating Expenditures 532,380 464,133 464,133 87% TOTAL EXPENDITURES 762,670 681,580 681,580 89% Revenues Over /(Under) Expenditures (338,658) (309,296) Beginning Fund Balance as of July 1, 2011 548,305 548,305 Ending Fund Balance as of June 30, 2012 $ 209,647 $ 239,009 REVENUES: Operating Transfers In Investment Interest TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TOTAL REVENUES EXPENDITURES: Salaries and Wages TOTAL EXPENDITURES Revenues Over /(Under) Expenditures Beginning Fund Balance as of July 1, 2011 Ending Fund Balance as of June 30, 2012 MAYOR SUMMER YOUTH PROGRAM for the Fiscal Year Ended June 30, 2012 Annual Year to Date Percentage of Amended Activity Total Activity Budget Budget $ 4,000 $ 4,000 $ 4,000 100% - 2 2 4,000 4,002 4,002 100% 4,000 4,000 76 17,922 17,922 $ 17,922 $ 17,998 10 3,926 3,926 98% 3,926 3,926 98% REVENUES: Transfers In EXPENDITURES: TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TOTAL REVENUES DEBT SERVICE FUND for the Fiscal Year Ended June 30, 2012 Annual Amended Budget Year to Date Percentage of Activity Budget $ 4,331,970 $ 4,331,968 100% 4,331,970 4,331,968 100% Debt Service - Principal 300,000 300,000 100% Debt Service - Interest 99,003 99,003 100% Redemption Costs 3,929,991 3,929,990 100% Operating Expenditures 3,153 3,152 100% TOTAL EXPENDITURES 4,332,147 4,332,145 100% Revenues Over /(Under) Expenditures (177) (177) Beginning Fund Balance as of July 1, 2011 177 177 Ending Fund Balance as of June 30, 2012 $ - $ (0) 11 Item No. 12 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Aaron Adams, Executive Director of Community Services DATE: October 9, 2012 SUBJECT: Old Town Temecula Outdoor Ice Skating Rink PREPARED BY: Julie Pelletier, Recreation Superintendent Approvals City Attorney Chief Financial Officer City Manager Po-r 74 rA RECOMMENDATION: 1. Approve the Contractor Services Agreement with Ice - America for the holiday- season outdoor ice skating rink in the amount of $36,500; 2. Authorize the City Manager to approve additional work not to exceed the contingency amount of $3,650, which is equal to 10% of the total amount of the Agreement. BACKGROUND: In 2009, 2010 and 2011, the seasonal outdoor ice skating rink proved to be a wonderful enhancement to the Winterfest ambience in Old Town Temecula. Last year, this unique seasonal amenity attracted over 10,000 residents and visitors to Old Town which helps support the businesses in the Old Town area. There was a significant increase in foot traffic with many visitors experiencing Temecula for the first time. The seasonal ice rink and related Winterfest activities have received excellent media coverage due to strong and effective marketing and promotional programs. Promotional avenues used to promote this event include the City's website, Temecula Outreach Channel 3, FIOS television, email blasts, posters and local newspapers. Flyers are distributed at City facilities, Temecula Valley Chamber of Commerce, Temecula Valley Convention and Visitor's Bureau and to Old Town merchants. Social media is also utilized including Twitter, YouTube, Facebook and MySpace. Historically, tickets have been given away on local radio stations which helped further promote the seasonal ice rink and other Winterfest events. The 2012 holiday- season outdoor ice skating rink is planned to be operational from Friday, December 14, 2012 through January 6, 2013 for twelve hours a day, with the option of remaining open until January 13, 2013, at the contractor's discretion. The rink size will remain the same as last year's at 50' X 70' which will accommodate approximately 125 skaters at once. This event will require a road closure at the "Y" area on Main Street for about one month's time. Mercedes Street will remain open during the ice rink operation. The scope of work shall include complete turnkey operations, which will include equipment, installation /removal and staffing /operation of the ice skating rink and necessary devices, as a holiday- season event for the City of Temecula. The City will obtain local vendors to provide hot chocolate, kettle corn and some food concessions at the City's discretion. Proposed hours of operation shall be established between 10:OOam and 10:OOpm. A special schedule is proposed for New Year's Eve with operating hours from 10:OOam to 1:OOam on January 1, 2013. Complementing the City's New Year's Eve Grape Drop event, the seasonal ice rink will also include an evening filled with fun activities for children and families starting at 5:OOpm. The City conducted a competitive Request for Proposal (RFP) process in September with two firms submitting proposals. After review of the proposals, it was determined that Ice - America had excellent ice rink experience and also provided the Temecula quality we envision of the ice skating rink. Upon approval of Ice - America's contract, this will be the first year that they will be providing ice rink services for the City of Temecula's seasonal ice rink. Ice - America has been providing ice rink services to over 600 locations world -wide annually since 2008. Additionally, Ice - America principals and project managers have been operating public events since 1997. Ice - America has produced and promoted events such as The American Open Pro Figure Skating Championships, World Figure Skating Championships Practice Arenas, All That Skate and Skating Spectacular (NBC), to name a few. FISCAL IMPACT: Contract cost in the amount of $36,500 is appropriately budgeted within the current Fiscal Year 2012 -13 Community Services budget within the City's General Fund. ATTACHMENTS: 1 Contractor Services Agreement 2. Conceptual Site Plan AGREEMENT FOR CONTRACTOR SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND ICE - AMERICA OLD TOWN TEMECULA OUTDOOR ICE SKATING RINK THIS AGREEMENT is made and effective as of 9 th day of October 2012, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Seaside Ice, LLC dba: Ice - America (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on October 9, 2012 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2013, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. 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. 4. PAYMENT a. The City agrees to pay Contractor 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 Thirty Six Thousand Five Hundred Dollars and No Cents ($36,500.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager may approve additional work up to ten percent (10 %) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. 1 c. Contractor will submit invoices three (3) weeks prior to each scheduled payment date as shown in the payment schedule as set forth in Exhibit B, Payment Rates and Schedule. Payment shall be made according to terms set forth in Exhibit B, Payment Rates and Schedule. 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. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portions hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the 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 ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor 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. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities 2 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 Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and /or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and /or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and /or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or 3 other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City of Temecula, Temecula Community Services District, and /or Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self - insurance shall not be considered to comply with these insurance requirements. 4 f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, 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 Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, 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. 5 City retains the right, but has no obligation, to represent Contractor and /or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589 -9033 Use this Address for a Delivery Service: City of Temecula or Hand - Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 14. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 15. LICENSES To Contractor: Ice - America Attn: Scott Williams 807 Sprucelake Drive Harbor City, CA 90710 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. 16. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over 6 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. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non - substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: By: ATTEST: Chuck Washington, Mayor Scott Williams, Managing Member By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT ICE - AMERICA (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) Tom Kearney, Managing Member Ice - America Scott Williams 807 Sprucelake Drive Harbor City, CA 90710 (323) 776 -9423 swilliams @ice - america.com 8 PM Initials: D p Q Date: EXHIBIT A Tasks to be Performed 1. General Requirements: To provide for the turnkey equipment delivery/installation /removal with turnkey management and operation of an ice - skating rink, as a holiday- season special event for the City of Temecula. To be open to the general public for recreational ice - skating and figure skating exhibitions from December 14, 2012 through January 6, 2013. 2. Equipment: All lighting, sound reinforcement, staging, video or special effects equipment to be provided by Contractor is set forth this exhibit. 3. Personnel: The installation and removal phase of the rink will be led by Tom Kearney and Scott Williams of Ice - America along with All Access Supervisor Kevin Brown. 4. The On -Site Manager who will coordinate all of the management and the day -to -day operation will be determined at a later date. 5. Subcontractors: All Access Staging & Productions providing design and build of substructure, refrigeration system provided by Aggreko 6. Schedule: a. Installation Window: December 8 through December 13 b. Open to the Public: December 14, 2012 through January 6, 2013, with the option of remaining open until January 13, 2013 at the Contractor's discretion. c. Removal Window: January 7 through January 11, 2013 7. Hours of Operation (subject to change upon mutual consent of City and Contractor) a. Days of Week: Monday through Sunday including holidays b. Hours of Operation shall be established between 10:OOam and 10:OOpm, but no longer that 11:OOpm c. Special Hours for New Year's Eve: 10:OOam on December 31, 2012- 1:OOam of January 1, 2013 d. December 27, 2012 City of Temecula hosting a Family Ice Skating Night from 6:OOpm- 8:OOpm and a Teen Skating Night from 8:30pm- 10:30pm. A discounted rate of $7 /person for all registered participants through the City of Temecula. Revenue will be collected by City and then distributed to Contractor within two weeks following event. 8. Contractor shall provide the following: a. Design and build of substructure for ice rink. 9 b. Air - cooled refrigeration system/ pumps/ hoses/ expansion tank and 24 -hour on- call service. c. Generator for refrigeration system and fuel for generator. d. Insulation and vapor barriers (including insulation to level the site). e. Modular railing system with clear Plexiglas facing towards rink with room to display signage upon approval from City of Temecula. f. Ice rink maintenance equipment, including a Sport Ice USA 224 electric resurfacer used multiple times daily and as needed. g. Ice rink freezer system (approx.. 50 X70) using the Ice -World aluminum tubing system, header and equipment. h. Rental ice skates, high quality Roxa brand, approximately 200 pairs of various sizes, sharpened, ready -to- skate, with sharpener and services on site as needed during the run of rink. i. Skate change area with benches and rubber floor covering approximately 1,000 square feet. j. Skate trailer unit and tent for ticket sales, storing and distribution of skates and office. k. Cash register equipment including POS system with capability to handle cash, credit card and online sales. I. All tools, equipment and supplies for set -up, strike and maintenance. All Professional Supervision and General Labor for set -up and strike. m. Refrigeration Technician on -call 24 hours during entire term. n. General set -up and finish -out metal -frame covering over rink wall header, including Ice -World modular header covers. Clear Plexiglas sides with smooth inside finish of rink perimeter. Turf /carpet to finish rink perimeter /edge with black skirting covering substructure. o. Sound /public address announcements and playback of holiday music, to include customized "Rink Station" radio by Ice - America. p. Rink Manager during entire term; trained and experienced in liability protection. q. Two (2) ADA Compliant Portable restrooms available during entire term r. All equipment and amenities installed and ready for test of equipment and facilities, twenty -four (24) hours in advance of grand opening on December 14, 2012. s. Operation of public skate sessions. Hours of operation to be at Contractor's discretion. Proposed times 10:OOam until 11:OOpm approximately. 10 t. Professionally designed and installed liability signage and written waiver release forms for every participant. u. Professional Support Services including Consultation for Event Planning and execution by experienced event planning team. 9. Contractor shall provide professional, on -site management (experienced in customer service, liability - prevention and public safety); staffing to include cashier(s), ticket sales, skate rental attendant(s), safety monitor(s) and maintenance personnel to be on -site during entire term of the event, including by not limited to: a. Professional Ice - America uniforms including black pants, blue Ice - America shirts and blue Ice - America jackets. b. Public safety announcements are made regularly and holiday music part of "Rink Station" radio experience. c. Industry- specific POS system with trained staff d. Ice - America staff member to handle coordination of group sales and special events. e. All revenues associated with the ice rink venue will be retained by Ice - America and its vendors 10. Concessions: Contractor will be the exclusive vendor for only bottled water and prepackaged snacks if applicable. Contractor will work with City staff to organize vendors offering other drink and food items (i.e.: coffee, hot chocolate, hot cider, kettle corn, holiday goodies, etc...) 11 Payment Rate Payment Schedule November 10, 2012 $18,250.00 December 14, 2012 $ 9,125.00 January 6, 2012 $ 9,125.00 TOTAL $36,500.00 EXHIBIT B Payment Rates and Schedule Ice - America will provide an Ice Rink for the holiday- season beginning December 14, 2012 through January 6, 2013, for an amount of $36,500. 12 to L. MS I 1111 M I • •i II • z a 0 it 11 1 I I 0.. • 00 • to! SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY Item No. 13 City Council Chambers, 41000 Main Street, Temecula, California SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING The Successor Agency to the Temecula Redevelopment Agency convened at 7:41 P.M. CALL TO ORDER: Chairperson Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington SARDA PUBLIC COMMENTS None. SARDA CONSENT CALENDAR 10 Action Minutes — Approved Staff Recommendation (5 -0 -0) Director Naggar made the motion; it was seconded by Director Comerchero; and electronic vote showed unanimous approval. RECOMMENDATION: 10.1 Approve the action minutes of May 22, 2012; 10.2 Approve the action minutes of June 12, 2012. 11 Loan Settlement Policy for active First Time Home Buyer and Residential Improvement Loans — Approved Staff Recommendation (5 -0 -0) Director Naggar made the motion; it was seconded by Director Comerchero; and electronic vote showed unanimous approval. RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. SARDA 12 -14 The following individual addressed the City Council with regard to this item: • Wayne Hall ACTION MINUTES of August 28, 2012 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY ADOPTING A LOAN SETTLEMENT POLICY FOR APPROVED SHORT -SALES AND REFINANCES WITH ACTIVE FIRST TIME HOME BUYER AND RESIDENTIAL IMPROVEMENT PROGRAM LOANS 1 12 Recognized Obligation Payment Schedules for the periods of January 1, 2013 through June 30, 2013 — Approved Staff Recommendation (5 -0 -0) Director Naggar made the motion; it was seconded by Director Comerchero; and electronic vote showed unanimous approval. ATTEST: Susan W. Jones, MMC City Clerk /Board Secretary [SEAL] RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. SARDA 12 -15 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JANUARY 1, 2013 THROUGH JUNE 30, 2013 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT At 7:48 P.M., the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, September 11, 2012, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 2 Chuck Washington, Chairperson Item No. 14 PREPARED BY: Rudy Graciano, Revenue Manager Pascale Brown, Accounting Manager Approvals Mf— City Attorney Chief Financial Officer N"" City Manager THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director /Board of Directors FROM: Genie Wilson, Chief Financial Officer DATE: October 9, 2012 SUBJECT: Financial Statements for the Five Months Ended June 30, 2012 RECOMMENDATION: Receive and file the Financial Statements for the Five Months Ended June 30, 2012. BACKGROUND: The fourth quarter financial report summarizes the Successor Agency to the Temecula Redevelopment Agency's (SARDA) financial information from February 1, 2012 through June 30, 2012. The attached financial statements reflect the unaudited activity of the SARDA for fiscal year ended June 30, 2012. In June 2011, the Governor of California signed ABX1 26, which dissolved redevelopment agencies, including the Temecula Redevelopment Agency, effective February 1, 2012 and provided for the designation of successor agencies to oversee the completion of previously obligated redevelopment activities. The City Council exercised it prerogative to retain the housing assets and functions previously performed by the Affordable Housing program of the Redevelopment Agency and established the City Housing Fund for this purpose. All remaining assets of the redevelopment agency were transferred to SARDA on February 1, 2012, and the City Council began serving as the successor agency. Agencies that accepted the role of successor agency will serve as custodian for the assets of the dissolved redevelopment agency, pending distribution to the appropriate taxing entities after the payment of enforceable obligations that were in effect as of the dissolution date. Based upon the nature of this custodial role, upon dissolution of the redevelopment agency, assets and liabilities of the dissolved redevelopment agency should be reported in a fiduciary fund. The assets in the fiduciary fund are not available to the City to finance its programs. The dissolution of all redevelopment agencies in the State of California is considered, for financial reporting purposes, an extraordinary item since the state -wide dissolution was both unusual and infrequent. Accordingly, the movement of assets and liabilities of the former redevelopment agency as of February 1, 2012 are recorded as extraordinary losses (or gains). The accompanying financial statements are for the five month period of February 1, 2012 through June 30, 2012. FISCAL IMPACT: A fiscal summary of the SARDA funds is as follows: SARDA Housing Fund — This Fund was created to account for cash and unspent bond proceeds as of February 1, 2012 of the former Redevelopment Agency Affordable Housing Fund. Net Assets Held in Trust for Successor Agency activities total approximately $17.6 million as of June 30, 2012. SARDA Payment Obligation Fund — This Fund was created to account for obligations and capital assets of the former redevelopment agency beginning February 1, 2012. Net Assets Held in Trust for Successor Agency activities total approximately $(57.5 million) as of June 30, 2012. This deficit balance is attributed to former redevelopment agency long term debt, which will be reduced when future tax distributions are received and principal debt payments are paid. SARDA Redevelopment Property Tax Trust Fund — This Fund was created to account for tax distributions from the County of Riverside to be used to finance payment obligations of the successor agency. Net Assets Held in Trust for Successor Agency activities total approximately $3.8 million as of June 30, 2012. ATTACHMENTS: 1. Combining Statement of Fiduciary Net Assets as of June 30, 2012. 2. Combining Statement of Changes in Fiduciary Net Assets -for the Five Months Ended June 30, 2012. ASSETS: LIABILITIES: Accounts Payable Advances from City -SERAF Advances from Other- City Deferred Revenue Bonds Payable SARDA COMBINING STATEMENT OF FIDUCIARY NET ASSETS As of June 30, 2012 TOTAL ASSETS TOTAL LIABILITIES Please note that these balances are unaudited. SARDA SARDA SARDA Payment Redevelopment Housing Fund Obligation Property Tax Fund Trust Fund TOTAL Cash and Investments $ 17,958,180 $ 1,515,847 $ 3,795,383 $ 23,269,410 Receivables 14,063 937,923 951,986 Land Held for Resale 98,484 98,484 Land 3,819,108 3,819,108 Property, Plant, and Equipment (net of accumulated depreciation) 33,959,318 33,959,318 $ 17,972,243 $ 40,330,680 $ 3,795,383 $ 62,098,306 $ 377,155 $ 20,000 $ $ 397,155 5,250,954 5,250,954 1,287,714 1,287,714 936,250 936,250 90,295,000 90,295,000 377,155 97,789,918 98,167,073 NET ASSETS: Held in Trust for Successor Agency Activities 17,595,088 (57,459,238) 3,795,383 (36,068,767) TOTAL NET ASSETS $ 17,595,088 $ (57,459,238) $ 3,795,383 $ (36,068,767) 1 ADDITIONS DEDUCTIONS: SARDA COMBINING STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS for the Fiscal Year Ended June 30, 2012 ADDITIONS TOTAL ADDITIONS Extraordinary Gain - Dissolution of RDA - Affordable Housing Fund, Feb 1, 2012 Extraordinary Gain - Dissolution of RDA - Debt Service Fund, Feb 1, 2012 Extraordinary Gain - Dissolution of RDA - Capital Assets, Feb 1, 2012 Extraordinary Loss - Dissolution of RDA - Capital Projects Fund, Feb 1, 2012 Extraordinary Loss - Dissolution of RDA - Long Term Debt Feb 1, 2012 Net Assets as of 7/1/2011 SARDA Housing Fund SARDA SARDA Payment Redevelopment Obligation Property Tax Fund Trust Fund Total Investment Earnings $ 18,910 $ 2,894 $ $ 21,804 Property Tax Fund Distribution 3,920,383 3,920,383 Transfer from SARDA Housing Fund 267,135 267,135 18,910 270,029 Debt Service Interest 1,058,794 1,493,125 2,551,919 AM CAL 876,544 876,544 CSUSM Tenant Improvement 50,000 50,000 County Demand Payment 377,155 377,155 Operations 5,800 5,800 Depreciation 506,664 506,664 Contribution to City Housing Fund 125,000 125,000 Transfer to SARDA Payment Obligation Fund 267,135 267,135 TOTAL DEDUCTIONS 2,579,628 2,055,589 125,000 4,760,217 Change in Net Assets (2,560,718) (1,785,560) 3,795,383 (550,895) 20,155,806 2 20,155, 806 947,599 947,599 38,285,090 38,285,090 (4,611,367) (4,611,367) (90,295, 000) (90, 295, 000) 3,920,383 4,209,322 Net Assets as of 6/30/2012 $ 17,595,088 $ (57,459,238) $ 3,795,383 $ (36,068,767) Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Patrick Richardson, Director of Development Services DATE: October 9, 2012 Approvals City Attorney Chief Financial Officer City Manager P i/re-r - Ad r SUBJECT: Reaffirm and clarify the Bike Lane and Trail Program Map (at the request of Mayor Washington and Mayor Pro Tem Naggar). The project is Citywide and includes a phased completion of segments to fill in the gaps and connect the City's bike lanes and trails PREPARED BY: Matt Peters, Associate Planner RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN IMPLEMENTATION PROGRAM TO REAFFIRM AND CLARIFY THE BIKE LANE AND TRAIL PROGRAM MAP, A CITYWIDE PROJECT THAT INCLUDES A PHASED COMPLETION OF SEGMENTS TO FILL IN THE GAPS AND CONNECT THE CITY'S BIKE LANES AND TRAILS (LONG RANGE PLANNING PROJECT NO. LR12 -0009) BACKGROUND: The City's Multi -Use Trails and Bikeways Master Plan was adopted January 2002, and the City of Temecula General Plan update was adopted April, 2005. In the past, both of these documents were used when reviewing development plans to condition projects. Now that the City is nearly built out, the City has approximately 22 miles of trails and 45 miles of bike lanes. However, much of the network is fragmented. The Bike Lane and Trail program is a focused effort to implement these existing plans and complete the network for the benefit of local residents and visitors to the Temecula Valley. ANALYSIS: The City's Bike Lane and Trail Program project includes a phased completion of segments to connect the City's bike lanes and trails. The project also includes a plan to develop an Old Town to Wine Country Trail (east -west connection), a Lake Skinner Trail (north - south connection), and a Temecula Loop around the entire City. In addition, this project has built in efficiencies that take advantage of existing /planned Capital Improvement Projects such as the Butterfield Stage Road Extension, the Santa Gertrudis Bicycle Interconnect, and pavement rehabilitation projects that will include striping of bicycle lanes. This project satisfies the City's Core Values of a Sustainable City, and Transportation Mobility and Connectivity by providing alternative modes of transportation and increasing connectivity and accessibility to Old Town, Wine Country, and the City's many schools, parks, trails, and open space areas. The Bike Lane and Trail Program is expected to be mostly completed by 2017. During the first year (2012 - 2013), emphasis will be placed on bike lane striping and negotiating access and maintenance agreements with the Riverside County Flood Control District and the Metropolitan Water District. During the second, third, and fourth years (2013- 2016), segments that involve engineering /design /construction will be completed. Other segments previously identified as capital improvements will be completed per their respective project timelines. Remaining segments will be completed as projects are built and conditioned for improvements through the development review process. The Bike Lane and Trail Program was reviewed and received input by the Temecula Community Services Commission on June 11, 2012; the Old Town local review Board on August 13, 2012; and the Traffic and Safety Commission on September 27, 2012. These meetings initiated conversation over site specific improvements and bicyclist safety, but overall there was support for the implementation of the Bike Lane and Trail Program. In addition, the Planning Commission passed a resolution recommending the City Council reaffirm and clarifythe Bike Lane and Trail Program Map. ATTACHMENTS: 1. Resolution 2. Bike Lane and Trail Program Map RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN IMPLEMENTATION PROGRAM TO REAFFIRM AND CLARIFY THE BIKE LANE AND TRAIL PROGRAM MAP, A CITYWIDE PROJECT THAT INCLUDES A PHASED COMPLETION OF SEGMENTS TO FILL IN THE GAPS AND CONNECT THE CITY'S BIKE LANES AND TRAILS (LONG RANGE PLANNING PROJECT NO. LR12 -0009) Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On January 3, 2012 the City of Temecula filed Long Range Planning Project No. LR12 -0009, for the Bike Lane and Trail Program, in a manner in accord with the City of Temecula General Plan and Development Code. B. The City of Temecula held several meetings with the Temecula Bicycle Coalition during the Fall of 2011 to discuss the need for more bike lanes and trails. As a result, the City resurrected the Multi -Use Trails and Bikeways Master Plan and brought forth the Bike Lane and Trail Program for review and input by the Temecula Community Services Commission on June 11, 2012; Old Town Local Review Board on August 13, 2012; and Traffic and Safety Commission on September 27, 2012. These meetings indicated support for the implementation of the plan and helped clarify the Bike Lane and Trail Program Map. C. On October 3, 2012, the Planning Commission recommended that the City Council reaffirm and clarify the Bike Lane and Trail Program Map (Long Range Planning Application, LR12- 0009). D. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. E. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review per CEQA Section 15162, Subsequent EIRs and Negative Declarations. F. On October 3, 2012, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on October 3, 2012, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that staff proceed to the City Council to reaffirm and clarify the Bike Lane and Trail Program Map (Long Range Planning Application, LR12- 0009). H. On October 9, 2012, the City Council of the City of Temecula considered the Project at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project prior to and at the public hearing. Following the public hearing, the Council adopted Resolution No. 12- an implementation program to reaffirm and clarify the Bike Lane and Trail program map, a citywide project that includes a phased completion of segments to fill in the gaps and connect the city's bike lanes and trails. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in reaffirming and clarifying the Bike Lane and Trail Program map hereby finds, determines and declares that: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; This Long Range Planning Application No., LR12 -0009 is an implementation program that includes a phased completion of segments to fill in the gaps and connect the City's bike lanes and trails. The Bike Lane Trail Program Map is a map that is based on the 2002 Multi -Use Trails and Bikeways Master Plan and Figure C -4, Multi -Use Trails and Bikeways from the City of Temecula General Plan Update adopted April, 2005. Reaffirming and clarifying the Bike Lane and Trail Program Map identifies the segments that need to be completed per the Multi -Use Trails and Bikeways Master Plan or General Plan: and identifies other minor segments of existing bike lanes or trails that were completed, or are planned to be completed as a result of building approved projects or Specific Plans. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The Project is based on previously approved plans and will be constructed consistent with all applicable building, development and fire codes, which include provisions to safeguard the health, safety, and general welfare of the community. Section 3. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9 day of October, 2012. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Chuck Washington, Mayor 1, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9 day of October, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Bike Lane and Trail Program Map Aerial Data - March 2010 October 3, 2012 City of Temecula Old Town to Wne Country Trail Lake Skinner Trail Temecula Loop Existing Trails (Off Road) Proposed Trails (Off Road) Bike Lane (Class II) - Striped on both sides Bike Lane (Class II) - Striped on one side; black side not striped TT Bike Lane (Class II) Proposed O G PL�FO RN � PRO RPNC