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HomeMy WebLinkAbout062315 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 23, 2015 — 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 PM - 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: • Labor Negotiations. The City Council will meet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are: City Manager Aaron Adams, City Attorney Peter Thorson, Assistant City Manager Greg Butler, Director of Finance Jennifer Hennessy, and Sr. Human Resources Analyst Isaac Garibay. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. • Conference with Real Property Negotiators. The City Council will meet with its real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for the acquisition of a storm drain easement and right of entry for the Citywide Storm Drain Improvements — Old Town Front Street Pavement and Storm Drain Rehabilitation Project. The real property negotiations are for the following property interests: (i) an approximate 5,160 square foot permanent easement for storm drain purposes and all uses necessary or convenient thereto on the real property identified as Assessor's Parcel No. 922-110-022 owned by Metropolitan Water District ("MWD Parcel"), and (ii) an approximate 12,540 square foot right of entry for a period of three months over an approximate 12,000 square foot portion of the MWD Parcel and 540 square foot portion of the adjacent parcel located at 28991 Old Town Front Street, Temecula, and identified as Assessor's Parcel Number 922-110-038, which is owned by The Stewart Group, LLC. The negotiating parties are the City of Temecula, the Metropolitan Water District of Southern California and The Stewart Group, LLC. The City's negotiators are Tom Garcia and Amer Attar. Under negotiation are the price and terms of the purchase of the permanent easement and right of entry. • Conference with Real Property Negotiators. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding a portion of one parcel of real property owned by the City of Temecula as the Housing Successor Agency to the former Temecula Redevelopment Agency consisting of approximately 10 acres (APN 909-370-002) located northwesterly of Diaz Road and Dendy Parkway in the City of Temecula. The parties to the negotiations for the potential sale of all or a portion of the property are: Goals Soccer Centers Inc. and the City of Temecula. Negotiator for Goals Soccer Centers Inc. is Silva Zeneian; negotiators for the City of Temecula are: Aaron Adams, Greg Butler, and Luke Watson. Under negotiation are price and terms of the potential sale of all or a portion the property. 1 • Conference with Real Property Negotiators. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding a portion one parcel of real property owned by the City of Temecula as the Housing Successor Agency to the former Temecula Redevelopment Agency consisting of approximately 20 acres (APN 909-370-002) located northwesterly of Diaz Road and Dendy Parkway in the City of Temecula. The parties to the negotiations for the potential sale of all or a portion of the property are: Tec©Golf Partners, LLP and the City of Temecula. Negotiator for Tec©Golf Partners, LLP is Wil Cucuta of Rancon Real Estate, Inc. as agent for Tec©Golf Partners, LLP; negotiators for the City of Temecula are: Aaron Adams, Greg Butler, and Luke Watson. Under negotiation are price and terms of the potential sale of all or a portion the property. Mayor Comerchero and Mayor Pro Tem Naggar have no ownership interests in Rancon Real Estate, Inc., nor is it a source of income to them, but neither will participate in this closed session as it may be an otherwise related entity to limited liability companies in which each does have an economic interest. Next in Order: Ordinance: 15-06 Resolution: 15-33 CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Joshua Jurkosky Invocation: Tim Garcia of Truevine Pentecostal Church Flag Salute: Council Member Michael McCracken ROLL CALL: Edwards, McCracken, Naggar, Rahn, Comerchero PRESENTATIONS/PROCLAMATIONS Recognition of Temecula High School Graduates Accepted into United States Military Academies, Nominated by Congressmen Ken Calvert and Duncan Hunter Presentation of Certificate of Achievement to Eric Smith of Troop #384 for Attaining the Rank of Eagle Scout PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to 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 may 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 may be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. 2 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 Waive Reading of Standard Ordinances and Resolutions RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of June 9, 2015 RECOMMENDATION: 2.1 That the City Council approve the action minutes of June 9, 2015. 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Receive and File Financial Statements for the 3rd Quarter Ended March 31, 2015 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the 3rd Quarter Ended March 31, 2015; 4.2 Approve a transfer of $10,000 to Animal Control Services 001.172.999.5255 from Legal Services account 001.130.999.5246. 4.3 Approve a transfer of $60,000 to Special Needs Playground 210.190.129.5801 from Senior Citizen Outdoor Fitness Lot 210.190.133.5804. 3 5 Adopt Resolution to Establish the Amount of the Voter Approved Measure C Annual Special Tax Levy for Fiscal Year 2015-16 RECOMMENDATION: 5.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2015-16 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS 6 Approve a Two -Year Agreement with Ellison Wilson Advocacy for State Lobbyist Services RECOMMENDATION: 6.1 That the City Council approve a two-year Agreement with Ellison Wilson Advocacy, in an annual amount of $42,000, for state lobbyist services. 7 Approve a Two -Year Agreement with David Turch and Associates for Federal Lobbyist Services RECOMMENDATION: 7.1 That the City Council approve a two-year Agreement with David Turch and Associates, in an annual amount of $42,000, for federal lobbyist services. 8 Approve Annual Renewal of Insurance Policies — Liability, Property, Automobile Physical Damage and Contractor's Equipment, Difference In Conditions (Earthquake and Flood), Excess Workers' Compensation, Crime, and Cyber Risk RECOMMENDATION: 8.1 Approve the insurance policy renewal for Liability insurance with Allied World Insurance Company (Allied World Assurance Group), in the amount of $140,101, for the period of July 1, 2015 to July 1, 2016; 8.2 Approve the insurance policy renewal for Property insurance with Zurich American Insurance Company, in the amount of $89,069, for the period of July 1, 2015 to July 1, 2016; 8.3 Approve the insurance policy renewal for Auto Physical Damage & Contractor's Equipment insurance with Hanover Insurance Company (Hanover Insurance Companies), in the amount of $7,495, for the period of July 1, 2015 to July 1, 2016; 4 8.4 Approve the insurance policy renewal for Difference In Conditions (Earthquake and Flood) insurance with Empire Indemnity Insurance Company (Zurich Group) with participation from Princeton Excess & Surplus Lines Insurance Company (Munich -American Holding Corporation), Lloyd's Syndicate 33, General Security Indemnity Company of Arizona, Ironshore Europe Limited (Ironshore Insurance Ltd.), Ironshore Insurance Ltd. (Ironshore Insurance Ltd.), Hudson Specialty Insurance Company (Fairfax Financial (USA) Group), in the amount of $200,645, for the period of July 1, 2015 to July 1, 2016; 8.5 Approve the insurance policy renewal for Excess Workers' Compensation insurance with New York Marine and General Insurance Company (ProSight Specialty Group), in the amount of $56,643, for the period of July 1, 2015 to July 1, 2016; 8.6 Approve the insurance policy for Crime insurance with Hanover Insurance Company (Hanover Insurance Companies), in the amount of $4,122, for the period of July 1, 2015 to July 1, 2016; 8.7 Approve the insurance policy for Cyber Risk insurance with Lloyd's of London, in the amount of $11,876, for the period of July 1, 2015 to July 1, 2016. 9 Approve the First Amendment to the Agreement with Rancho Community Reformed Church dba Community Mission of Hope to Extend the Term of the License Agreement for Use of the Escallier House and Barn to Provide Pantry Operations RECOMMENDATION: 9.1 That the City Council approve the First Amendment to extend the current License Agreement for use of City Real Property between the City and Rancho Community Reformed Church dba Community Mission of Hope, a California non-profit corporation, until April 8, 2016 to provide continued pantry operations and homeless services. 10 Approve the Sixth Amendment to the Cooperation Agreement with the Friends of the Temecula Children's Museum to Extend the Term 10.1 That the City Council approve the Sixth Amendment to the Cooperation Agreement with the Friends of Temecula Children's Museum to extend the term. 11 Approve an Agreement with ProActive Fire Design & Consulting, Inc. for Fire Department Plan Review Service RECOMMENDATION: 11.1 That the City Council approve a one-year Agreement (with the option to renew an additional four years) between the City of Temecula and ProActive Fire Design & Consulting, Inc. The agreement will provide the Fire Department plan review service in an amount not to exceed $90,000.00 for fiscal year 2015-16 and $450,000.00 over the potential five-year term. 12 Approve a Consultant Services Agreement with Helixstorm for Technology Services to Include but not Limited to Virtualization, Network, and System Administration 5 RECOMMENDATION: 12.1 That the City Council approve a three-year Consultant Services Agreement with Helixstorm in an amount not to exceed $100,000 for Technology related services. 13 Approve an Agreement with Icon Enterprises, Inc., d/b/a Civic Plus for the City Website Redesign and Content Management System Replacement RECOMMENDATION: 13.1 That the City Council approve the agreement with Icon Enterprises, Inc. d/b/a CivicPlus, for consulting services in the amount of $49,537, with a 10% contingency amount of $4,954, for a total contract amount not to exceed $54,491, for the Website Redesign/Content Management System Replacement. 14 Approve the Non -Exclusive Purchase Agreement with Cyber Computers, Inc. and Authorize the Purchase of Hewlett Packard Desktop Computers from Cyber Computers, Inc. for Fiscal Year 2014-15 and Fiscal Year 2015-16 RECOMMENDATION: 14.1 Approve the Non -Exclusive Purchase Agreement with Cyber Computers, Inc. in the amount of $69,747.78 for Fiscal Year 2014-15 and Fiscal Year 2015-16; 14.2 Authorize the purchase of 26 Hewlett Packard desktop computers from Cyber Computers, Inc. in the amount of $19,747.78 for Fiscal Year 2014-15; 14.3 Authorize the purchase of Hewlett Packard desktop computers from Cyber Computers, Inc. in the amount of $50,000.00 for Fiscal Year 2015-16. 15 Approve Fiscal Year 2015-16 CR&R Schedule of Solid Waste and Recycling Rates Pursuant to Franchise Agreement with CR&R, Inc. RECOMMENDATION: 15.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE AND RECYCLING RATES FOR THE FISCAL YEAR 2015-16 16 Approve a Consultant Services Agreement with Blanca Y. Price for Landscape Plan Check and Inspection Services for Fiscal Year 2015-16 RECOMMENDATION: 16.1 That the City Council approve a Consultant Services Agreement with Blanca Y. Price, in the amount of $110,000, to perform Landscape Plan Check and Inspection Services for Fiscal Year 2015-16. 6 17 Approve an Agreement with Esgil Corporation for Plan Check Services for Fiscal Year 2015-16 RECOMMENDATION: 17.1 That the City Council approve the Agreement with Esgil Corporation, in the amount of $200,000, for Plan Check Services for Fiscal Year 2015-16. 18 Approve the First Amendment to the Agreement with Environmental Science Associates for a Supplemental Environmental Impact Report for the Proposed Audi Dealership RECOMMENDATION: 18.1 That the City Council approve the First Amendment to the Agreement with Environmental Science Associates in the amount of $6,000 for a Supplemental Environmental Impact Report for the proposed Audi Dealership, for a total Agreement of $148,250. 19 Approve the First Amendment to the Agreement for Consulting Services with Environmental Science Associates for an Environmental Impact Report for the Altair Specific Plan RECOMMENDATION: 19.1 That the City Council approve the First Amendment to the Agreement for Consultant Services with Environmental Science Associates, in the amount of $54,321, for the preparation of an Environmental Impact Report, for a total agreement amount of $315,789. 20 Approve the Second Amendment to the Contract with Pacific Striping, Inc., for Citywide Repainting of Traffic Striping, PW13-04 RECOMMENDATION: 20.1 Approve the Second Amendment to the Contract with Pacific Striping, Inc., in the amount of $278,150, for Citywide Repainting of Traffic Striping, PW13-04; 20.2 Authorize the City Manager to approve additional work not to exceed the contingency amount of $51,850, which is approximately 18.6% of the annual amount. 21 Approve Miscellaneous Hardware and Supply Expenditures with Hank's Hardware for Fiscal Year 2015-16 RECOMMENDATION: 21.1 That the City Council approve the estimated expenditure with Hank's Hardware for the purchase of miscellaneous hardware and other supplies for citywide department operations in the amount of $60,000 for Fiscal Year 2015-16. 7 22 Adopt a Resolution Establishing a Parking Restriction on Via Dos Picos RECOMMENDATION: 22.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ESTABLISHING A TIME LIMITED PARKING RESTRICTION ON VIA DOS PICOS BETWEEN THE HOURS OF 11:00 P.M. AND 6:00 A.M. 23 Receive Temporary Street Closures for 2015 Summerfest Events RECOMMENDATION: 23.1 That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2015 Summerfest Events: TEMECULA ART & STREET PAINTING FESTIVAL STAR SPANGLED 4TH OF JULY PARADE 4TH OF JULY FIREWORKS SHOW 24 Approve the Establishment of the "Justin Triplett Murder Reward Fund" (At the Request of Council Member Naggar) 24.1 Approve the creation of the Justin Triplett Murder Reward Fund in the amount of $25,000; 24.2 Approve a budget appropriation in the amount of $25,000 from General Fund balance unassigned; 24.3 Adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ESTABLISHMENT AND DISTRIBUTION OF A REWARD FUND FOR PERSONS WHO FURNISH INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE PERSON OR PERSONS WHO CAUSED THE DEATH OF JUSTIN TRIPLETT ON SEPTEMBER 22, 2014 ******************** 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 ******************** 8 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: CSD 15-01 Resolution: CSD 15-04 CALL TO ORDER: President Maryann Edwards ROLL CALL: DIRECTORS: Comerchero, McCracken, Naggar, Rahn, Edwards CSD PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to 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 may 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 may be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. CSD 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 Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 25 Approve the Action Minutes of June 9, 2015 RECOMMENDATION: 25.1 That the Board of Directors approve the action minutes of June 9, 2015. 26 Receive and File Financial Statements for the 3rd Quarter Ended March 31, 2015 RECOMMENDATION: 26.1 That the Board of Directors receive and file the Financial Statements for the 3rd Quarter Ended March 31, 2015. 27 Approve the Sixth Amendment to the License Agreement with the Temecula Valley Museum, Inc. to Extend the Term RECOMMENDATION: 27.1 That the Board of Directors approve the Sixth Amendment to the License Agreement with the Temecula Valley Museum, Inc. to extend the term. 9 28 Approve the Sponsorship and Community Support Funding Agreement with the Temecula Sister City Association RECOMMENDATION: 28.1 That the Board of Directors approve the Sponsorship and Community Support Funding Agreement with the Temecula Sister City Association in the amount of $3500 for in-kind staff services, $500 for in-kind facilities usage, and $2400 in Community Services Funding for travel scholarships. CSD PUBLIC HEARING Any person may submit written comments to the Community Services District before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 29 Adopt the Fiscal Year 2015-16 Annual Operating Budget for the Temecula Community Services District (TCSD) RECOMMENDATION: 29.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 15- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2015-16 FINAL ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 30 Approve Temecula Community Services District Proposed Rates and Charges for Fiscal Year 2015-16 RECOMMENDATION: 30.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 15- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B — RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C — PERIMETER LANDSCAPING, SERVICE LEVEL D — RECYCLING AND REFUSE COLLECTION AND SERVICE LEVEL R — EMERGENCY UNPAVED ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 2015-16 10 CSD BUSINESS 31 Receive Eagle Soar Playground Programs Update RECOMMENDATION: 31.1 That the Board of Directors receive and file the Eagle Soar Playground Programs Update. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, July 14, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 11 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: SARDA 15-01 Resolution: SARDA 15-03 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, McCracken, Naggar, Rahn, Comerchero SARDA PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to 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 may 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 may 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. 32 Approve the Action Minutes of June 9, 2015 RECOMMENDATION: 32.1 That the Board of Directors approve the action minutes of June 9, 2015. 33 Receive and File Financial Statements for the 3rd Quarter Ended March 31, 2015 RECOMMENDATION: 33.1 That the Board of Directors receive and file the Financial Statements for the 3rd Quarter Ended March 31, 2015. SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT Next regular meeting: Tuesday, July 14, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 12 TEMECULA HOUSING AUTHORITY — No Meeting TEMECULA PUBLIC FINANCING AUTHORITY — No Meeting RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 34 Introduce Ordinance to Amend the Temecula Municipal Code to Allow Government Crime Insurance Policies in Place of Corporate Surety Bonds for City Officials RECOMMENDATION: 34.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING FOUR PROVISIONS OF TITLE 2 OF THE TEMECULA MUNICIPAL CODE TO AUTHORIZE OBTAINING GOVERNMENT CRIME INSURANCE IN PLACE OF SURETY BONDS FOR CITY MANAGER, CITY CLERK, FINANCE DIRECTOR AND CITY TREASURER 34.2 Adopt a Resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY TO PROCURE AND MAINTAIN GOVERNMENT CRIME INSURANCE POLICY OR EMPLOYEE DISHONESTY INSURANCE POLICY, INCLUDING FAITHFUL PERFORMANCE IN PLACE OF CORPORATE SURETY BONDS DEPARTMENTAL REPORTS 35 City Council Travel/Conference Report - May 2015 36 Community Development Department Monthly Report 37 Police Department Monthly Report 38 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, July 14, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 13 NOTICE TO THE PUBLIC The agenda packet (including staff reports and public Closed Session information) 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. 14 COUNCIL CONSENT CALENDAR Item No. 1 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl-Olson, City Clerk DATE: June 23, 2015 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl-Olson, City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 9, 2015 — 7:00 PM 6:00 PM - The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1. The City Council will meet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are: City Manager Aaron Adams, City Attorney Peter Thorson, Assistant City Manager Greg Butler, Director of Finance Jennifer Hennessy, and Sr. Human Resources Analyst Isaac Garibay. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. 2. Conference with Real Property Negotiators. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding one parcel of real property owned by the City of Temecula as the Housing Successor Agency to the former Temecula Redevelopment Agency consisting of approximately 32 acres (APN 909-370-002) located northwesterly of Diaz Road and Dendy Parkway in the City of Temecula. The parties to the negotiations for the potential sale of all or a portion of the property are: Tec©Golf Partners, LLP and the City of Temecula. Negotiator for Tec©Golf Partners, LLP is Wil Cucuta of Rancon Real Estate, Inc. as agent for Tec©Golf Partners, LLP; negotiators for the City of Temecula are: Aaron Adams, Greg Butler, and Luke Watson. Under negotiation are price and terms of the potential sale of all or a portion the property. Mayor Comerchero and Mayor Pro Tem Naggar have no ownership interests in Rancon Real Estate, Inc., nor is it a source of income to them, but neither will participate in this closed session as it may be an otherwise related entity to limited liability companies in which each does have an economic interest. At 6:00 P.M. Mayor Comerchero called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:05 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Chase Kempster Invocation: Pastor Luke Kirkendall of Southwest Christian Church Flag Salute: Council Member Maryann Edwards ROLL CALL: Edwards, McCracken, Naggar (absent), Rahn, Comerchero Action Minutes 060915 1 PRESENTATIONS/PROCLAMATIONS Presentation of Certificate of Achievement to Eric Smith of Troop #384 for Attaining the Rank of Eagle Scout (Did not attend — Rescheduled for June 23, 2015) JOINT MEETING City Council Community Services District Successor Agency to the Redevelopment Agency At 7:08 P.M. Mayor Comerchero called the Joint Meeting of the City Council, Community Services District and the Successor Agency to the Redevelopment Agency to order. Approve Fiscal Years 2016-2020 Capital Improvement Program (CIP) and Adopt Fiscal Year 2015-16 CIP and Annual Operating Budgets for the City of Temecula, the Temecula Community Services District (TCSD), and the Successor Agency to the Redevelopment Agency (SARDA) - Approved Staff Recommendation (4-0, Council Member/Director Naggar absent) Council Member/Director Edwards made the motion; it was seconded by Council Member/Director Rahn; and electronic vote reflected approval by Council Members/Directors Comerchero, Edwards, McCracken and Rahn with Council Member/Director Naggar absent. City Council: Approve Fiscal Years 2016-2020 Capital Improvement Program and Adopt Fiscal Year 2015-2016 Capital Improvement Program Budget for the City of Temecula Temecula Community Services District: Adopt Fiscal Year 2015-2016 Preliminary Annual Operating Budget for the Temecula Community Services District (TCSD) Successor Agency to Temecula Redevelopment Agency: Approve Fiscal Years 2016-2020 Capital Improvement Program and Adopt Fiscal Year 2015-2016 Capital Improvement Program Budget and Annual Operating Budget for the Successor Agency to the Redevelopment Agency (SARDA) City Council: Adopt Fiscal Year 2015-2016 Annual Operating Budget, Revised Schedule of Authorized Positions and Appropriations Limit for the City of Temecula That the City Council and the Board of Directors adopt the following resolutions: RESOLUTION NO. 15-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2016-2020 AND ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2015-2016 Action Minutes 060915 2 RESOLUTION NO. CSD 15-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2015-16 PRELIMINARY ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS RESOLUTION NO. SARDA 15-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE CAPITAL IMPROVEMENT PROGRAM FISCAL YEARS 2016-2020, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2015-16, ADOPTING THE FISCAL YEAR 2015-16 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS RESOLUTION NO. 15-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2015-16 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS RESOLUTION NO. 15-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS RESOLUTION NO. 15-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2015-16 RECESS At 7:51 P.M., Joint Meeting of the City Council, Community Services District and the Successor Agency to the Redevelopment Agency recessed and continued with regular meetings of the City Council, Community Services District and Successor Agency to the Redevelopment Agency. RECONVENE TEMECULA CITY COUNCIL PUBLIC COMMENTS (None) CITY COUNCIL REPORTS Action Minutes 060915 3 CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (4-0, Council Member Naggar absent) Council Member McCracken made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken and Rahn with Council Member Naggar absent. RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of May 26, 2015 and May 27, 2015 Budget Workshop - Approved Staff Recommendation (4-0, Council Member Naggar absent) Council Member McCracken made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken and Rahn with Council Member Naggar absent. RECOMMENDATION: 2.1 Approve the action minutes of May 26, 2015; 2.2 Approve the action minutes of the May 27, 2015 Budget Workshop. 3 Approve the List of Demands - Approved Staff Recommendation (4-0, Council Member Naggar absent) Council Member McCracken made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken and Rahn with Council Member Naggar absent. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the City Treasurer's Report as of April 30, 2015 - Approved Staff Recommendation (4-0, Council Member Naggar absent) Council Member McCracken made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken and Rahn with Council Member Naggar absent. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of April 30, 2015. Action Minutes 060915 4 5 Approve the First Amendment to the Exclusive Negotiating Agreement with Truax Development for the Potential Disposition of Property Located on Main Street in the City of Temecula (APNs 922-360-004, 005, 006, 007) - Approved Staff Recommendation (4-0, Council Member Naggar absent) Council Member McCracken made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken and Rahn with Council Member Naggar absent. RECOMMENDATION: 5.1 That the City Council approve the First Amendment to the Exclusive Negotiating Agreement (ENA) between the City of Temecula and Truax Development (Truax) for the potential disposition and development of the property located on Main Street in the City of Temecula (APNs 922-360-004, 005, 006, 007) (Subject Property). 6 Accept Improvements and Notice of Completion for the Pavement Rehabilitation Program — Ynez Road (Winchester Road to Solana Way), PW10-14 - Approved Staff Recommendation (4-0, Council Member Naggar absent) Council Member McCracken made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken and Rahn with Council Member Naggar absent. RECOMMENDATION: 6.1 Accept the construction of the Pavement Rehabilitation Program - Ynez Road (Winchester Road to Solana Way), PW10-14, as complete; 6.2 Direct the City Clerk to file and record the Notice of Completion and release the Performance Bond; 6.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion, if no liens have been filed. 7 Approve Proiect Application for the 2015 Active Transportation Program (ATP) Cycle 2 - Approved Staff Recommendation (4-0, Council Member Naggar absent) Council Member McCracken made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken and Rahn with Council Member Naggar absent. RECOMMENDATION: 7.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICATION FOR THE 2015 ACTIVE TRANSPORTATION PROGRAM (ATP) CYCLE 2 CALL FOR PROJECTS AND THE COMMITMENT OF LOCAL FUNDS Action Minutes 060915 5 8 Approve an Agreement with Craftsmen Plumbing Heating & Cooling, Inc., for Plumbing Maintenance Services - Approved Staff Recommendation (4-0, Council Member Naggar absent) Council Member McCracken made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken and Rahn with Council Member Naggar absent. RECOMMENDATION: 8.1 That the City Council approve an Agreement with Craftsmen Plumbing Heating & Cooling, Inc., in the amount of $120,000, to provide annual Plumbing Maintenance Services to the City for Fiscal Year 2015-16. 9 Approve an Agreement with Moore Fence Company, Inc. for Fencing Repair and Maintenance Services - Approved Staff Recommendation (4-0, Council Member Naggar absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken and Rahn with Council Member Naggar absent. RECOMMENDATION: 9.1 That the City Council approve an Agreement with Moore Fence Company, Inc., in the amount of $100,000, to provide Fencing Repair and Maintenance Services for Fiscal Year 2015-16. 10 Approve an Agreement with My Electrician, Inc. for Electrical Repairs and Maintenance Services - Approved Staff Recommendation (4-0, Council Member Naggar absent) Council Member McCracken made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken and Rahn with Council Member Naggar absent. RECOMMENDATION: 10.1 That the City Council approve an Agreement with My Electrician, Inc., in the amount of $75,000, to provide annual Electrical Repairs and Maintenance Services for Fiscal Year 2015-16. 11 Approve an Agreement with Pacific Hydroblasting, Inc., for Painting Maintenance Services - Approved Staff Recommendation (4-0, Council Member Naggar absent) Council Member McCracken made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken and Rahn with Council Member Naggar absent. RECOMMENDATION: 11.1 That the City Council approve an Agreement with Pacific Hydroblasting, Inc., in the amount of $75,000, to provide annual Painting Maintenance Services for Fiscal Year 2015-16. Action Minutes 060915 6 12 Receive Temporary Street Closure for Star Spangled Concert in the Park - June 14, 2015 — Item pulled off calendar. RECOMMENDATION: 12.1 That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following Special Event: STAR SPANGLED CONCERT IN THE PARK RECESS At 8:04 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting and Successor Agency to the Temecula Redevelopment Agency Meeting. At 8:07 P.M., the City Council resumed with the remainder of the City Council Agenda. PUBLIC HEARING 17 Approve an Interim Ordinance Prohibiting Certain Uses and Construction in the Proposed Uptown Jefferson Specific Plan Area Pending Formal Approval of the Uptown Jefferson Specific Plan Pursuant to Government Code Section 65858(d) - Approved Staff Recommendation with the addition of a new Subsection C.4 to Section 5 adding an exemption for the Urgency Ordinance (4-0, Council Member Naggar absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken and Rahn with Council Member Naggar absent. RECOMMENDATION: 17.1 That the City Council adopt by 4/5 vote an extension of the following interim ordinance entitled: INTERIM ORDINANCE NO. 15-05 AN URGENCY ORDINANCE EXTENDING THE INTERIM ORDINANCE OF THE CITY OF TEMECULA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 TEMPORARILY PROHIBITING CERTAIN USES AND CONSTRUCTION IN THE PROPOSED UPTOWN JEFFERSON SPECIFIC PLAN AREA PENDING CITY COUNCIL CONSIDERATION OF THE PROPOSED UPTOWN JEFFERSON SPECIFIC PLAN By way of a Power Point presentation, Senior Planner, Luke Watson presented the staff report as per agenda material. City Attorney Thorson read by title only Interim Ordinance No. 15-05. Action Minutes 060915 7 The following individuals addressed the City Council on this item: • John Reaves • Peter Kelly • Kimberly Boone CITY COUNCIL BUSINESS 18 Appoint Member to the Planning Commission and Community Services Commission and Authorize Extension of Recruitment for Additional Position on Planning Commission- Approved Staff Recommendation (4-0, Council Member Naggar absent) Council Member McCracken made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken and Rahn with Council Member Naggar absent. RECOMMENDATION: 18.1 That the City Council reappoint Ron Guerriero to the Planning Commission, appoint Eric Levine to the Community Services Commission and authorize the extension of the recruitment for an additional position on the Planning Commission. CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised there were no reportable actions under the Brown Act. Council Member Comerchero left the room at 6:14 P.M. and did not participate in Item 2 of Closed Session. ADJOURNMENT At 8:54 P.M., the City Council meeting was formally adjourned to Tuesday, June 23, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. *** Adjourned in Memory of Sam Pratt *** Jeff Comerchero, Mayor ATTEST: Randi Johl-Olson, City Clerk [SEAL] Action Minutes 060915 8 Item No. 3 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: June 23, 2015 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Shafe, Accounting Specialist RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: 1. Resolution 2. List of Demands RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $ 5,840,373.70. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of June, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl-Olson, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of June, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl-Olson, City Clerk CITY OF TEMECULA LIST OF DEMANDS 05/28/2015 TOTAL CHECK RUN $ 4,259,534.14 06/04/2015 TOTAL CHECK RUN 1,123,230.57 06/04/2015 TOTAL PAYROLL RUN: 457,608.99 TOTAL LIST OF DEMANDS FOR 06/23/2015 COUNCIL MEETING: $ 5,840,373.70 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 3,629,246.06 135 BUSINESS INCUBATOR RESOURCE 515.80 140 COMMUNITY DEV BLOCK GRANT 1,339.79 150 AB 2766 FUND 1,704.90 165 AFFORDABLE HOUSING 3,987.96 170 MEASURE A FUND 42,432.09 190 TEMECULA COMMUNITY SERVICES DISTRICT 165,030.33 192 TCSD SERVICE LEVEL B STREET LIGHTS 121.51 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 936.44 195 TCSD SERVICE LEVEL R STREET ROAD MAINTENANCE 2,600.00 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 10,689.01 197 TEMECULA LIBRARY FUND 5,599.08 210 CAPITAL IMPROVEMENT PROJECTS FUND 287,228.66 300 INSURANCE FUND 30,968.84 310 VEHICLE AND EQUIPMENT FUND 170.37 320 INFORMATION TECHNOLOGY 67,424.23 330 CENTRAL SERVICES 15,887.88 340 FACILITIES 24,187.75 375 INTERN FELLOWSHIP FUND 155.10 380 SARDA DEBT SERVICE FUND 458,458.09 395 2011 FINANCING LEASE CIVIC CENTER & CRC 533,883.85 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 875.22 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 372.68 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 3,066.74 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 241.11 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,569.81 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 521.74 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 651.02 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 12,655.72 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 3,016.58 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 354.54 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 73.23 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 8,794.72 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,354.00 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 481.12 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 205.70 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 934.30 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 321.92 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 2,653.28 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 3,303.60 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 26,262.97 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 12,355.38 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 70.07 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 231.25 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 2,685.13 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 1,219.61 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 136.02 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 414.27 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 5,953.42 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3,321.82 700 CERBT CALIFORNIA EE RETIREE-GASB45 6,100.00 $ 5,382,764.71 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 263,749.61 140 COMMUNITY DEV BLOCK GRANT 2,205.17 165 AFFORDABLE HOUSING 5,682.17 190 TEMECULA COMMUNITY SERVICES DISTRICT 102,789.71 192 TCSD SERVICE LEVEL B STREET LIGHTS 246.24 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 2,134.76 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 418.19 197 TEMECULA LIBRARY FUND 884.49 300 INSURANCE FUND 2,355.51 320 INFORMATION TECHNOLOGY 23,928.07 330 SUPPORT SERVICES 6,138.27 340 FACILITIES 10,489.07 375 INTERN FELLOWSHIP FUND 1,069.33 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 83.14 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 55.59 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 65.97 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 12.04 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 133.80 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 24.24 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 34.33 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 227.18 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.37 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.24 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.98 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 151.66 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 32.35 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 18.68 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 16.34 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 37.72 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.29 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 140.49 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 75.18 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 203.77 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 344.84 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.24 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.03 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 193.89 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 62.52 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.91 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9.03 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 285.81 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.75 700 CERBT CALIFORNIA EE RETIREE-GASB45 33,263.02 457,608.99 TOTAL BY FUND: $ 5,840,373.70 apChkLst Final Check List Page: 1 05/28/2015 3:57:52PM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor 2707 05/28/2015 014685 COMPASS BANK 171050 05/28/2015 011347 AFSI NC 171051 05/28/2015 004918 A W DIRECT INC 171052 05/28/2015 016764 ABM BUILDING SERVICES, LLC 171053 05/28/2015 001517 AETNA BEHAVIORAL HEALTH, LLC 171054 05/28/2015 010904 AFECO INC 171055 05/28/2015 015083 AIR GAS USA, LLC 171056 05/28/2015 003951 ALL AMERICAN ASPHALT 171057 05/28/2015 009374 ALLEGRO MUSICAL VENTURES 171058 05/28/2015 004240 AMERICAN FORENSIC NURSES (AFN) 171059 05/28/2015 000936 AMERICAN RED CROSS 171060 05/28/2015 013950 AQUA CHILL OF SAN DIEGO 171061 05/28/2015 004623 AQUA SOURCE INC 171062 05/28/2015 017149 B G P RECREATION, INC. 171063 05/28/2015 011954 BAKER & TAYLOR INC Description '11 refunding 01/08 cert part debt svc equip maint srvc & parts:pw street maint equip maint srvc & parts:pw street maint EMS supplies: Medics replace hvac units:pennypickle rehab hvac repair:phbsp &hary comm park Jun 15 Employee assistance prgm fire equipt: 4 talon helmet mount: fs#84 MISC STAGE SUPPLIES: THEATER Rel.retention:pavement rehab pw10-14 asphalt products:street maint citywide PIANO TUNING & MAINT:THEATER & LIBRARY Phlebotomy srvcs:temecula police Phlebotomy srvcs:temecula police Lifeguard certifications:aquatics pgrm May 15 water system svcs:jrc May 15 water system svcs:civic center May 15 water system svcs:senior center Jun water system svcs: civic center pool chlorination supplies: tes pool TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TEMECULA LIBRARY: MISC. COLLECTIONS. TEMECULA LIBRARY: MISC. COLLECTIOI TEMECULA LIBRARY: MISC. COLLECTIOI TEMECULA LIBRARY: MISC. COLLECTIOI Amount Paid Check Total 533,883.85 459.95 459.95 49.43 41,045.13 578.34 668.80 996.96 33.05 71,840.65 557.59 185.00 157.14 554.04 186.00 27.00 176.04 33.48 27.00 1,724.98 1,512.00 1,512.00 3,855.60 65.49 81.08 20.44 19.78 533,883.85 919.90 49.43 41,623.47 668.80 996.96 33.05 72,398.24 185.00 711.18 186.00 263.52 1,724.98 6,879.60 186.79 Pagel apChkLst Final Check List Page: 2 05/28/2015 3:57:52PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 171064 05/28/2015 006254 BALLET FOLKLORICO 171065 05/28/2015 015592 BAMM PROMOTIONAL PRODUCTS, INC 171066 05/28/2015 004262 BIO-TOX LABORATORIES 171067 05/28/2015 014284 BLAKELY'S TRUCK SERVICE 171068 05/28/2015 012583 BLANCAY PRICE 171069 05/28/2015 000128 BROWN & BROWN INSURANCE 171070 05/28/2015 017114 BURKE MUSEUM OF NATURAL HISTOR 171071 05/28/2015 017813 BUXTON COMPANY 171072 05/28/2015 003138 CAL MAT 171073 05/28/2015 004248 CALIF DEPT OF JUSTICE-ACCTING 171074 05/28/2015 000131 CARL WARREN & COMPANY INC 171075 05/28/2015 015090 CLEARWATER SYSTEMS CORP 171076 05/28/2015 017940 CNA INSURANCE COMPANY 171077 05/28/2015 002945 CONSOLIDATED ELECTRICAL DIST. 171078 05/28/2015 011922 CORELOGIC, INC. 171079 05/28/2015 013379 COSSOU, CELINE Description TCSD Instructor Earnings TCSD Instructor Earnings staff shirts: pw parks landscape div Drug & alcohol analysis:temecula police Drug & alcohol analysis:temecula police Drug & alcohol analysis:temecula police misc fleet repairs: pw street maint div misc fleet repairs: pw street maint div DEC LDSCP PLAN CHCK/INSPCTN:PLANNING CREDIT: REVISION TO TWO SHEETS OF Policy# BA6072X147 2/26/15-2/26/16 Policy# 6304168X28A 2/26/15-2/26/16 Exhibit rental:Cruisin' The Fossil RETAIL ATTRACTION MARKETING STUDY: ECO misc asphalt supplies:pw street maint misc asphalt supplies:pw street maint misc asphalt supplies:pw street maint Feb DOJ alcohol analysis:temecula police Apr DOJ alcohol analysis:temecula police Apr 15 Claim adjuster services May 15 prey maint hvac h2o sys:civ ctr release claims agreement payment misc electrical supplies: var park sites APR 15 WEB SBSCRPTN:REAL QUEST FOR CODE Amount Paid Check Total 140.00 168.00 520.56 308.00 520.56 694.00 1,841.06 2,032.94 4,568.00 363.20 87.22 450.42 6,520.00 -200.00 6,320.00 1,119.00 12,886.00 14,005.00 3,000.00 3,000.00 20,000.00 20,000.00 303.48 88.18 98.43 490.09 665.00 420.00 1,085.00 4,672.92 4,672.92 550.00 550.00 10,235.63 10,235.63 38.88 38.88 49.50 49.50 TCSD Instructor Earnings 73.50 TCSD Instructor Earnings 315.00 388.50 Page2 apChkLst Final Check List 05/28/2015 3:57:52PM CITY OF TEMECULA Page: 3 Bank : union UNION BANK Check # Date Vendor 171080 05/28/2015 004329 COSTCO TEMECULA #491 171081 05/28/2015 016942 CREATIVE MANAGEMENT SOLUTIONS 171082 05/28/2015 003272 DAISY WHEEL RIBBON COMPANY INC 171083 05/28/2015 014713 DAN CRARY THUNDERATION, INC. 171084 05/28/2015 014580 DANCE THEATRE COLLECTIVE 171085 05/28/2015 001393 DATA TICKET, INC. 171086 05/28/2015 010543 DEERE & COMPANY 171087 05/28/2015 017578 DEGRAVE COMMUNICATIONS 171088 05/28/2015 003945 DIAMOND ENVIRONMENTAL SRVCS 171089 05/28/2015 004192 DOWNS ENERGY FUEL& LUBRICANTS 171090 05/28/2015 002390 EASTERN MUNICIPAL WATER DIST (Continued) Description Misc. supplies:daddy daughter date night MISC SUPPLIES:HIGH HOPES PGRM 2nd phase Consulting srvcs:hr dept Plotter paper & ink:GIS Performance:Bluegrass Festival 2015 Settlement:danceXchange 05/19/15 APR 15 PARKING CITATION PROCESSING:POLIC utility vehicle: pw park & Idscp maint CONSULTING SRVCS:EC DEV ACTION PLAN portable restroom rentals:vail ranch portable restroom rentals:la serena way portable restroom rentals:riverton park portable restroom rentals:long canyon Portable restrooms:Western Days 2015 Portable restroom:community clean-up portable restroom rentals:great oak hs Fuel for City vehicles: tcsd Fuel for City vehicles: pw Fuel for City vehicles: bldg Fuel for City vehicles: tcsd & code enf. Apr water meter:Murr hot springs rd Apr water meter:Murr hot springs rd Apr water meter:39656 Diego Dr Apr water meter:39569 Seraphina Rd Amount Paid Check Total 420.80 160.81 7,090.00 882.78 1,250.00 143.50 1,624.07 170.37 850.00 52.80 52.80 52.80 52.80 868.80 121.20 52.80 55.88 302.85 309.97 228.07 25.86 180.02 193.35 407.42 581.61 7,090.00 882.78 1,250.00 143.50 1,624.07 170.37 850.00 1,254.00 896.77 806.65 Page3 apChkLst Final Check List Page: 4 05/28/2015 3:57:52PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 171091 05/28/2015 004068 ECALDRE MANALILI-DE VILLA, AILEEN 171092 05/28/2015 011202 EMH SPORTS USA, INC Description Amount Paid Check Total TCSD Instructor Earnings 189.00 TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 171093 05/28/2015 011292 ENVI RONMENTAL SCIENCE MAR SUPPLEMENTAL El R:TEM VALLEY ASSOC. HOSPITAL 171094 05/28/2015 015966 ERGO SOLUTION INC ergonomic eval & report: Espinoza, P. 171095 05/28/2015 001056 EXCEL LANDSCAPE, INC. landscape planting improvmnts:crowne Idscp imprv:irrig repair:crowne hill landscape/irrigation rehab:vintage hills landscape maint srvcs:wolf creek park landscape maint srvcs:murrieta trail landscape maint srvcs:sports park landscape maint srvcs:various parks Idscp improvmnts:campos verde slope Idscp imprvmnts:rancho solana slope landscape maint srvcs:riverton park irrigation repair: presley slope irrig repairs:villages:crowne hill slope irrigation repair: old town landscape maint srvcs:various parks median repair & maint.:various medians install controller:rancho cal medians install controllers:rancho solana slope irrig repairs:villages:crowne hill slope replace irrigation timers:senior center landscape/irrigation rehab:vintagehills Idscp improvemnts:crowne hill slope landscape/irrigation rehab:vintage hills landscape/irrigation rehab:vintage hills landscape maint srvcs:murrieta trail 173.25 315.00 204.75 189.00 236.25 157.50 267.75 157.50 204.75 315.00 87.50 297.50 1,143.80 315.00 2,051.75 2,497.25 1,756.30 2,051.75 500.00 500.00 360.00 278.53 1,748.00 412.81 258.77 322.31 221.72 1,500.00 2,235.00 281.22 177.78 385.62 221.72 312.00 241.39 1,488.00 780.00 318.44 173.40 1,705.60 12,180.00 511.98 631.21 258.77 27,004.27 Page:4 apChkLst Final Check List Page: 5 05/28/2015 3:57:52PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 171096 05/28/2015 005901 EXHIBIT ENVOY History Museum exhibit leasing Amount Paid Check Total 1,593.75 1,593.75 Pages apChkLst Final Check List Page: 6 05/28/2015 3:57:52PM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor 171097 05/28/2015 003347 FIRST BANKCARD CENTER 011934 NAT'LASSOC OF ENVIRONMENTAL (Continued) Description Amount Paid Check Total AV membership renewal: Villa, Armando 175.00 008956 PANERA BREAD AV rfrshmnts: mtg CIP trails & beaches 74.92 000515 TEMECULA VALLEY CHAMBER AV state of the city reservations 320.00 OF 007282 AMAZON.COM, INC KH misc collections: library 40.21 007282 AMAZON.COM, INC KH misc collections: library 30.21 000161 TYLER TECHNOLOGIES, INC AV regist: Rabidou, Brandon Tyler 935.00 000305 TARGET BANK BUS CARD IG Misc supplies: hr dept 7.55 SRVCS 003392 AARON BROTHERS ART & IG frames for hr & eoq awards 237.60 FRAMING 007282 AMAZON.COM, INC IG office supplies: hr dept 127.43 007282 AMAZON.COM, INC IG office supplies: hr dept 8.12 007282 AMAZON.COM, INC IG office supplies: hr dept 193.08 007282 AMAZON.COM, INC IG office supplies: hr dept 21.16 007282 AMAZON.COM, INC IG office supplies: hr dept 37.16 014865 FEIZE UHLER, KIMBERLY IG human resources dept shirts 366.95 014865 FEIZE UHLER, KIMBERLY IG city shirts for team pace 456.14 005244 SOCIETY FOR HUMAN IG membership renewal: Garibay, I 190.00 RESOURCE MGM IG removal of finance charges -0.19 017941 AUTHORS T4 AA conference:speaker/A.Adams 8.02 006952 PAY PAL AA conference: A. Adams 15.00 014630 MCDONALD'S AA meal:conference:A. Adams 9.47 017942 HOTEL BLACKHAWK AA hotel:conference:A. Adams 189.28 006942 ONTARIO Al RPORT AA parking:conference: A. Adams 36.00 015354 FACEBOOK.COM AA facebook promoting city government 4.04 016886 MANDALAY BAY AA hotel deposit:conf:C. Kitzerow 175.84 016886 MANDALAY BAY AA hotel deposit:conf:C. Damko 175.84 016886 MANDALAY BAY AA hotel deposit:conf:G. Butler 175.84 016886 MANDALAY BAY AA hotel deposit:conf:A. Adams 144.48 MH removal of finance charges -0.19 Page6 apChkLst Final Check List Page: 7 05/28/2015 3:57:52PM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor 012155 INTL ECONOMIC DEVELOPMENT (Continued) Description GB video multimedia population KH to correct payment posting 001256 MARRIOTT HOTEL ME scag general assembly JH removal of finance charges 014821 CPE STORE INC, THE JH publications 006952 PAY PAL JH Verisign Payflow Pro Transaction 007028 AMERICAN Al RLI NES AA air fare fee:A. Adams 000515 TEMECULA VALLEY CHAMBER OF 015354 FACEBOOK.COM 003964 OFFICE DEPOT BUSINESS SVS DIV Amount Paid Check Total 110.00 149.57 5.60 -0.17 179.55 55.10 8.79 AA removal of finance charges -0.19 MH state of the city reservation 120.00 AA facebook promoting city government 1.02 AA office supplies: City Mgr ofc 199.10 006952 PAY PAL AA meeting: Wishes in White 5/24 75.00 017943 ASHISOFT MH duplicate finder software 29.95 007028 AMERICAN AIRLINES MH airfare: Ross, Tatiana 351.70 007028 AMERICAN AIRLINES MH airfare: Seng, Sara 351.70 017899 HAVANA FOODS, INC. GB refreshmnts: mtg with RCWD 4/20/15 23.00 007282 AMAZON.COM, INC KH misc collections: library 80.86 007282 AMAZON.COM, INC KH misc collections: library 109.51 007282 AMAZON.COM, INC KH misc collections: library 50.85 007282 AMAZON.COM, INC KH misc collections: library -1.68 007282 AMAZON.COM, INC KH misc collections: library 322.82 007282 AMAZON.COM, INC KH misc collections: library -21.17 007282 AMAZON.COM, INC KH misc collections: library 159.27 007282 AMAZON.COM, INC KH misc collections: library 19.35 007282 AMAZON.COM, INC KH misc collections: library -1.00 016259 ISTOCKPHOTO LP KH images used in summer/fall guide 276.25 007282 AMAZON.COM, INC GB youth innovation conference supplies 519.34 007282 AMAZON.COM, INC GB youth innovation conference supplies 174.96 012155 INTL ECONOMIC GB membership: Damko, C 385.00 DEVELOPMENT 000293 STADIUM PIZZA INC GB refreshments: youth innov.conf. 253.84 Page:7 apChkLst Final Check List Page: 8 05/28/2015 3:57:52PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 006952 PAY PAL GB rfrshmnts: youth innov. conf, 144.00 007282 AMAZON.COM, INC KH misc collections: library 46.93 007282 AMAZON.COM, INC KH misc collections: library 145.90 007282 AMAZON.COM, INC KH misc collections: library 16.05 010768 R JS SIZZLIN STEER KH refreshments: mtg with Mayor 4/15 36.28 007282 AMAZON.COM, INC KH misc collections: library 49.03 007987 WALMART KH jelly jars with lids and bands 94.95 007282 AMAZON.COM, INC KH misc collections: library 68.98 007282 AMAZON.COM, INC KH misc collections: library 14.00 007282 AMAZON.COM, INC KH misc collections: library -0.01 000515 TEMECULA VALLEY CHAMBER KH state of the city reservation 160.00 OF 007282 AMAZON.COM, INC KH misc collections: library 30.41 006952 PAY PAL KH Verisign Payflow Pro Transaction 168.10 000515 TEMECULA VALLEY CHAMBER TG state of the city reservation 200.00 OF TG removal of finance charges -0.19 015268 DISPLAYS2GO TG business card holders 102.83 002939 ENVIRONMENTAL SYSTEMS MH online service provided 100.00 RESEARCH 007065 B & H PHOTO VIDEO INC MH cards readers 27.03 013338 APPLE STORE MH applecare: councilmember 99.00 McCracken 011998 YAHOO! FLICKR MH 2 year membership 44.95 009527 GEOTRUST INC MH renewal of domain name 199.00 000609 DOUBLETREE HOTEL MH lodging: Seng, S. 692.52 000609 DOUBLETREE HOTEL MH lodging: to be credited next month 692.52 000609 DOUBLETREE HOTEL MH lodging: Ross, Tatiana 711.95 001264 COSTCO TEMECULA #491 MH dry erase board aluminum frame 43.73 008956 PANERA BREAD MH refreshments: rft website redesign 66.19 017118 KRACH, BREE B. RO band for TCSD gavel for Edwards, M 13.50 005531 FRONT STREET BAR & GRILL RO refreshments: city council mtg 4/14 251.98 016233 REHAB SOLUTIONS, LLC RO ergonomic monitor arm & keyboard 664.15 Page6 apChkLst Final Check List Page: 9 05/28/2015 3:57:52PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total RO removal of finance charges -0.19 015247 FAMOUS DAVE'S RO rfrshmnts: special city cncl mtg - 199.44 014115 GAMBLING COWBOY RO rfrshmnts: city council meeting 4/28 257.60 CHOPHOUSE, THE RO to correct payment posting -149.57 13,332.94 171098 05/28/2015 004074 FRANCHISE MGMT SERVICES MISC SUPPLIES:HIGH HOPES PGRM 76.86 76.86 INC 171099 05/28/2015 016436 FRICK, TRACY reimb: misc items for children's museum 643.41 reimb:misc items children's/ history 238.69 882.10 171100 05/28/2015 012986 FUN EXPRESS MISC SUPPLIES:HIGH HOPES PGRM 192.51 192.51 171101 05/28/2015 010326 G E MOBILE WATER, INC WATER FILTRATION SUPPLIES: STA 73 127.44 127.44 171102 05/28/2015 013076 GAUDET, YVONNE M. TCSD instructor earnings 352.80 352.80 171103 05/28/2015 000177 GLENNIES OFFICE PRODUCTS APR 15 OFFICE SUPPLIES - HUMAN 324.21 324.21 INC SERVICES 171104 05/28/2015 009608 GOLDEN VALLEY MUSIC Settlement:Classics...Merc May 2015 478.10 478.10 SOCIETY 171105 05/28/2015 002109 HD SUPPLY CONSTR. SUPPLY misc maint supplies:pw street maint 1,457.43 1,457.43 LTD 171106 05/28/2015 002109 HD SUPPLY CONSTR. SUPPLY misc maint supplies:pw street maint 103.01 103.01 LTD 171107 05/28/2015 003198 HOME DEPOT, THE Supplies:TCC 118.71 118.71 171108 05/28/2015 004217 HYDRO TEK COMPANY swivel hose reel: pressure washer park 76.72 76.72 171109 05/28/2015 014062 ID CARD GROUP PROXIMITY CARDS & 4,308.51 ACCESSORIES:INFO TECH PROXIMITY CARDS &ACCESSORIES:INF 285.12 4,593.63 171110 05/28/2015 012342 INLAND CUTTER SERVICE INC Repair & Maint of equip:central services 550.00 550.00 171111 05/28/2015 006914 INNOVATIVE DOCUMENT SOLUTIONS Fax Boards for copiers: crc & mpsc 1,959.55 Apr Copier maint/repair & usage:citywide Apr Copier maint/repair & usage:citywide 5,742.92 776.33 8,478.80 171112 05/28/2015 001407 INTER VALLEY POOL SUPPLY misc pool chemicals: var pool sites 577.49 577.49 INC Page9 apChkLst Final Check List Page: 10 05/28/2015 3:57:52PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 171113 05/28/2015 016669 (SMART INTERNATIONAL ACADEMY 171114 05/28/2015 015673 JDS VIDEO & MEDIA PRODUCTIONS 171115 05/28/2015 010913 KEATING, LISA 171116 05/28/2015 001282 KNORR SYSTEMS INC 171117 05/28/2015 017118 KRACH, BREE B. 171118 05/28/2015 007188 LAERDAL MEDICAL CORP. 171119 05/28/2015 003726 LIFE ASSIST INC 171120 05/28/2015 004087 LOWES INC 171121 05/28/2015 008610 MCR STAMPS 171122 05/28/2015 003782 MAIN STREET SIGNS Description Amount Paid Check Total TCSD Instructor Earnings 343.00 TCSD Instructor Earnings 735.00 VIDEO PRODUCTION SRVCS:ECO DEV 630.00 1,078.00 630.00 Performance: summer concert 1,250.00 1,250.00 high output lamp: splash pad 199.38 199.38 Plaque:TYBLAward 131.27 131.27 CPR Supplies: Medics: Fire Sta 84 2,974.32 2,974.32 CPR Class Supplies: Medics 109.45 Emergency medical supplies: Medics 122.76 232.21 Hardware supplies: CERT 687.90 687.90 Performances:High Hopes 25.00 25.00 misc street signs: pw street maint div 181.24 misc street signs: pw street maint div 69.95 signs: tcc and civic center 317.00 568.19 171123 05/28/2015 004141 MAINTEX INC misc custodial supplies: var park sites 351.00 351.00 171124 05/28/2015 000217 MARGARITA OFFICIALS ASSN Apr 15 Officiating services:Sports Pgrm 4,884.00 4,884.00 Pagel 0 apChkLst Final Check List Page: 11 05/28/2015 3:57:52PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 171125 05/28/2015 011920 MASTER CONCEPTS LLC 171126 05/28/2015 017427 MATCHETT, VIVIAN 171127 05/28/2015 014392 MC COLLOUGH, JILL DENISE 171128 05/28/2015 013443 MIDWEST TAPE LLC Description TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Amount Paid Check Total 514.50 808.50 588.00 882.00 588.00 1,102.50 588.00 294.00 808.50 294.00 900.37 1,176.00 1,102.50 1,267.87 588.00 1,008.00 367.50 441.00 882.00 145.60 400.40 14,201.24 546.00 May 15 interior plantscape svc:library 200.00 May 15 interior plantscape svc:civic ctr 525.00 725.00 AV collections:TPL 80.98 80.98 171129 05/28/2015 004040 MORAMARCO, ANTHONY, J. TCSD instructor earnings 364.00 TCSD instructor earnings 654.50 TCSD instructor earnings 315.00 1,333.50 171130 05/28/2015 010908 MR APPLIANCE OF REFRIG/FREEZER-SVC/CLEANING 284.25 284.25 WINCHESTER &SANITIZING: 171131 05/28/2015 002925 NAPA AUTO PARTS Auto parts & misc supplies: Medics 16.39 16.39 171132 05/28/2015 003964 OFFICE DEPOT BUSINESS SVS MISC OFFICE SUPPLIES:HUMAN DIV RESOURCES 171133 05/28/2015 013198 ORTENZO-HAYES, KRISTINE TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 240.56 240.56 564.20 434.00 347.20 347.20 651.00 606.70 568.79 3,519.09 Page:11 apChkLst Final Check List Page: 12 05/28/2015 3:57:52PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 171134 05/28/2015 015033 PACIFIC MUNICIPAL Apr EIR:temecula gateway CONSULTANTS 171135 05/28/2015 001999 PITNEY BOWES Postage meter rental 6/16-9/15: Stn 84 Amount Paid Check Total 4,615.00 4,615.00 98.29 98.29 171136 05/28/2015 017675 PODS ENTERPRISES, INC. PODS rental 739662 - Sta 73 169.56 PODS rental 943649 - Sta 73 169.56 PODS rental 514610 - Sta 73 169.56 PODS rental fee - Sta 73 10.00 518.68 171137 05/28/2015 010338 POOL & ELECTRICAL misc chemicals and supplies:town square 475.21 475.21 PRODUCTS INC 171138 05/28/2015 010338 POOL & ELECTRICAL swimming pool supplies:var sites 170.21 170.21 PRODUCTS INC 171139 05/28/2015 013725 PROCRAFT INC Door maintenance/repair: Sta 84 190.00 Door maintenance/repair: Sta 84 460.00 Door maintenance/repair: Sta 92 95.00 745.00 171140 05/28/2015 005075 PRUDENTIAL OVERALL Apr uniform services:parks division 12.70 12.70 SUPPLY 171141 05/28/2015 010652 QUALITY CODE PUBLISHING Municipal Code svcs:City Clerk 1,262.78 1,262.78 171142 05/28/2015 004029 R J M DESIGN GROUP INC Apr dsgn srvcs:teen/young adult village 6,390.27 6,390.27 171143 05/28/2015 002072 RANCHO CALIF WATER Plan ck fee deposit: Park & Ride 2,237.58 2,237.58 DIST-FEES 171144 05/28/2015 000262 RANCHO CALIF WATER May var water meters:PWJRC 167.47 DISTRICT May var water meters:Fire Stns May var water meters:PW YMCA May var water meters:PW old town May var water meters:PW Fac May var water meters:TCSD svc lev C Apr Lndscp meter:41951 Moraga Rd Apr Lndscp meter:Calle Elenita May var water meters:PW various sites May var water meters:TCSD svc lev C Apr comm water meter:28640 Pujol St 171145 05/28/2015 000907 RANCHO TEMECULA CAR City vehicle detailing srvcs:Police WASH 498.60 89.90 994.00 6,111.58 47,720.32 1,154.21 18.31 1,439.68 17,976.23 10.97 76,181.27 10.00 10.00 171146 05/28/2015 000271 RBF CONSULTING Mar consult srvcs:Traf lmpact Analysis 3,447.00 3,447.00 Page:12 apChkLst Final Check List Page: 13 05/28/2015 3:57:52PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 171147 05/28/2015 003591 RENES COMMERCIAL MANAGEMENT 171148 05/28/2015 000406 RIVERSIDE CO SHERIFFS DEPT 171149 05/28/2015 000406 RIVERSIDE CO SHERIFFS DEPT 171150 05/28/2015 001365 RIVERSIDE COUNTY OF 171151 05/28/2015 012251 ROTH, DONALD J. 171152 05/28/2015 002226 RUSSO, MARY ANNE 171153 05/28/2015 013827 RYAN MONTELEONE EXCAVATION INC 171154 05/28/2015 007345 SAN DIEGO STATE U FOUNDATION 171155 05/28/2015 009213 SHERRY BERRY MUSIC 171156 05/28/2015 009746 SIGNS BY TOMORROW 171157 05/28/2015 000645 SMART & FINAL INC 171158 05/28/2015 017735 SO CAL SEAL COAT &SUPPLIES INC 171159 05/28/2015 000537 SO CALIF EDISON Description Amount Paid Check Total weed abatement:city lots & drainage 5,375.00 misc weed abatement:city right-of-way 975.00 weed abatement:maj arterials & row's 13,650.00 20,000.00 2/5/15-3/4/15 law enforcement 1,578,656.71 3/5/15-4/1/15 law enforcement 1,593,758.37 3,172,415.08 Taste of T.V. patrol srvcs 4/24-25 2,652.48 2015 Reality Rally patrol srvcs 2,411.04 5,063.52 renew permit:Sam Hicks Park snack bar 208.00 renew permit:K.Hintergardt Park 208.00 416.00 TCSD Instructor Earnings 567.00 TCSD Instructor Earnings 378.00 945.00 TCSD Instructor Earnings 315.00 TCSD Instructor Earnings 616.00 931.00 regrade roads:Liefer and var roads 2,600.00 2,600.00 5/15-4/16 tower tease:SDSU Found. 6,598.02 6,598.02 Jazz @ The Merc 5/21/15 565.00 565.00 Banners & signs for Splash Pad 689.04 SIGNS:SPECIAL GAMES EVENT 54.00 743.04 Misc pgrm supplies:human services 79.84 SUPPLIES FOR DADDY/DAUGHTER DATI 690.84 770.68 maintenance supplies: pw street maint 48.60 maintenance supplies: pw street maint 4,777.03 4,825.63 Apr 2-27-560-0625:32380 Deerhollow way Apr 2-00-397-5059:33340 Camino Piedra Apr 2-26-887-0789:40233 Village Rd Apr 2-28-171-2620:40820 Winchester Rd May 2-30-099-3847:29721 Ryecrest May 2-30-296-9522:46679 Primrose Ave Apr 2-29-223-9571:30395 Murr hot springs Apr 2-31-419-2659:26706 Ynez Rd TC1 Apr 2-31-031-2590:28301 Rancho Cal Apr 2-33-237-4818:30499 Rancho Cal Apr 2-29-974-7568:26953 Ynez Rd TC1 Apr 2-31-693-9784:26036 Ynez Rd TC1 2,600.94 9,925.30 1,974.10 771.45 24.82 321.44 52.06 161.40 23.91 101.44 128.42 335.98 16,421.26 Page:13 apChkLst 05/28/2015 3:57:52PM Final Check List CITY OF TEMECULA Page: 14 Bank : union UNION BANK Check # Date Vendor 171160 05/28/2015 001212 SO CALIF GAS COMPANY 171161 05/28/2015 002503 SOUTH COAST AIR QUALITY 171162 05/28/2015 000519 SOUTH COUNTY PEST CONTROL INC 171163 05/28/2015 000293 STADI UM PIZZA INC 171164 05/28/2015 008337 STAPLES BUSINESS ADVANTAGE 171165 05/28/2015 016262 STEVE ADAMIAK GOLF INSTRUCTION 171166 05/28/2015 014420 STEVE SPANGLER, INC. 171167 05/28/2015 001546 STRAIGHT LINE GLASS 171168 05/28/2015 003840 STRONGS PAINTING 171169 05/28/2015 012789 STUART, JENNIFER SARAH (Continued) Description Apr 015-575-0195-2:32211 Wolf vly rd May 055-475-6169-5:32380 Deerhollow FY 14/15AQMD fee: Library FY 14/15AQMD fee: Civic Center FY 14/15AQMD fee: FOC pest control srvcs:city fire stn 84 pest control srvcs:civic center Refreshments:skate park event Misc office supplies:City Clerk MISC. OFFICE SUPPLIES:FINANCE DEP1 MISC. OFFICE SUPPLIES:FINANCE DEP1 MISC OFFICE SUPPLIES:TCSDADMIN MISC OFFICE SUPPLIES:TCSDADMIN MISC OFFICE SUPPLIES:TCSDADMIN MISC OFFICE SUPPLIES:TCSDADMIN Misc office supplies:PD mall storefront Misc office supplies:PD old town office Misc office supplies:PD old town office Misc office supplies:PD mall storefront Misc office supplies:MPSC Misc office supplies:MPSC Misc office supplies:MPSC MISC OFFICE SUPPLIES:TCSDADMIN TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Misc supplies:children's museum light lens covers: birdsall sports park painting:park improvement prgm/pbsp TCSD Instructor Earnings Amount Paid Check Total 94.99 172.02 120.84 120.84 120.84 80.00 94.00 90.98 48.49 56.75 65.52 61.84 55.32 51.45 183.18 60.33 221.22 83.70 205.16 34.77 119.80 41.02 15.00 735.00 56.00 504.00 336.00 787.50 892.50 453.75 116.96 16,000.00 267.01 362.52 174.00 90.98 1,303.55 3,311.00 453.75 116.96 16,000.00 3,640.00 3,640.00 Page:14 apChkLst Final Check List Page: 15 05/28/2015 3:57:52PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 171170 05/28/2015 009811 SUNNY HILLSTOWNG INC Description VEHICLE TOWING SRVCS:TEMECULA POLICE VEHICLE TOWING SRVCS:TEMECULA PC VEHICLE TOWING SRVCS:TEMECULA PC VEHICLE TOWING SRVCS:TEMECULA PC VEHICLE TOWING SRVCS:TEMECULA PC 171171 05/28/2015 013387 SWEEPING UNLIMITED INC May sweeping svcs:pkg.structure 171172 05/28/2015 000305 TARGET BANK BUS CARD SRVCS Amount Paid Check Total 205.80 75.00 150.00 225.00 210.00 865.80 500.00 500.00 MISC SUPPLIES:CHILDRENS MUSEUM 128.90 Misc supplies:FIT Prgm SUPPLIES:CRC & RECREATION Supplies:Sports recreation 106.83 286.84 92.91 615.48 171173 05/28/2015 012265 TEMECULA ACE HARDWARE Hardware supplies: Sta 92 144.21 144.21 C/O 171174 05/28/2015 010679 TEMECULA AUTO VEHICLE MAINTENANCE: REPAIR/RADIATOR PREVENTION 1,607.38 1,607.38 171175 05/28/2015 003677 TEMECULA MOTORSPORTS MOTORCYCLE 533.73 LLC REPAIR/MAINT:TEM.P.D. MOTORCYCLE REPAIR/MAINT:TEM.P.D. 315.30 171176 05/28/2015 004260 TEMECULA STAMP & Various plan check stamps:b&s dept 130.68 GRAPHICS Various plan check stamps:b&s dept 39.96 171177 05/28/2015 010493 TEMECULATOWNE CENTER Jun lease pmt: PD mall storefront 1,458.33 ASSOC LP 849.03 170.64 1,458.33 171178 05/28/2015 004274 TEMECULA VALLEY SECURITY Re -key exterior office door:harv.center 33.00 CENTR locksmith srvcs:senior ctr 95.00 128.00 171179 05/28/2015 000919 TEMECULA VALLEY UNIFIED TVHS Theater rental June 22-28, 2015 2,324.98 2,324.98 SCHOOL 171180 05/28/2015 003941 TEMECULA WINNELSON COMPANY 171181 05/28/2015 003862 THYSSENKRUPP ELEVATOR.BRNCH 37 171182 05/28/2015 010276 TIME WARNER CABLE misc plumbing supplies: civic center 26.65 misc plumbing supplies:library 137.66 Jan -Mar elevator maint srvcs: City facs 5,213.15 Apr -Jun elevator maint srvcs: City facs elevator safety test 12/10/14:civic cntr credit:billing adj/Apr-Jun srvcs credit:billing adj/Jan-Mar srvcs MAY HIGH SPEED INTERNET:32364 OVERLAND Jun high speed internet:Civic Center MAY HIGH SPEED INTERNET:29119 MART May high speed internet:Fire Stn 92 5,213.15 198.00 -164.15 -164.15 52.99 4,204.66 71.93 119.86 164.31 10,296.00 4,449.44 Page:15 apChkLst Final Check List Page: 16 05/28/2015 3:57:52PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 171183 05/28/2015 017565 TRAFFIC MANAGEMENT INC. red traffic paint: city-wide curbs Amount Paid Check Total 3,807.22 3,807.22 171184 05/28/2015 002110 UNITED RENTALS NORTH misc equip rentals: pw street maint 16.20 AMERICA propane:conf ctr patio heaters 32.40 48.60 171185 05/28/2015 017579 US HEALTHWORKS MEDICAL PRE-EMPLOYMENT DRUG & DOT 55.00 55.00 GROUP SCREENINGS:HR 171186 05/28/2015 004261 VERIZON May xxx-0073 gen usage:sr ctr alarm, sk 123.98 May xxx-5072 general usage 2,102.11 May xxx-0074 general usage 3,346.76 171187 05/28/2015 004789 VERIZON May Internet svcs:senior center 144.99 May Internet svcs:city hall 289.99 171188 05/28/2015 011915 WARD, JOHN ROBERT ee computer purchase prgm 2,000.00 171189 05/28/2015 001881 WATER SAFETY PRODUCTS Water safety training supplies:Aquatics 291.56 INC Water safety training supplies:Aquatics 498.89 5,572.85 434.98 2,000.00 790.45 171190 05/28/2015 003730 WEST COAST ARBORISTS INC 4/1-15 tree maint srvcs:parks & medians 1,197.00 4/1-15 tree maint srvcs:var facs 70.00 4/1-15 tree maint srvcs:campos verde 990.00 4/1-15 TREE MAINT SRVCS:GALLERY PO 3,174.00 4/1-15 tree maint srvcs:vail ranch slope 8,185.00 4/1-15 tree maint srvcs:rancho highlands 1,056.00 4/1-15 tree maint srvcs:villages slope 6,218.00 20,890.00 171191 05/28/2015 004567 WITCHER ELECTRIC repair lighting control sys:pala park 2,555.00 2,555.00 171192 05/28/2015 000348 ZIGLER, GAIL Reimb:daddy/daughter date night supplies 91.98 91.98 1000458 05/22/2015 017935 AMBURGEY, CINDY refund:sec dep:rm rental:harveston 150.00 150.00 1000459 05/22/2015 017936 BROWN, ANNETTE refund:sec dep:rm rental:harveston 200.00 200.00 1000460 05/22/2015 007576 FITZPATRICK, KELLY refund:sec dep:rm rental:CRC 150.00 150.00 1000461 05/22/2015 007576 FITZPATRICK, KELLY refund:indoor rental:CRC 254.10 254.10 1000462 05/22/2015 017937 HENRY, PRISCILLA refund:sec dep:rm rental:harveston 200.00 200.00 Page:16 apChkLst Final Check List Page: 17 05/28/2015 3:57:52PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 1000463 05/22/2015 017937 HENRY, PRISCILLA 1000464 05/22/2015 017938 LAI, STEPHANIE 1000465 05/22/2015 017939 WOLF, MAHLON Description Amount Paid Check Total refund:balance on acct:TCSD 164.00 164.00 refund:TEF - Spanish 2 #9900.205 301.00 301.00 refund:TEF - Algebra 1 boot camp 90.00 90.00 Grand total for UNION BANK: 4,259,534.14 Pagel 7 apChkLst Final Check List 05/28/2015 3:57:52PM CITY OF TEMECULA Page: 18 152 checks in this report. Grand Total All Checks: 4,259,534.14 Page:18 apChkLst Final Check List Page: 1 06/04/2015 2:36:56PM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor 2698 06/08/2015 005460 U S BANK 2699 06/08/2015 005460 U S BANK 2708 06/04/2015 000245 PERS- HEALTH INSUR PREMIUM Description Amount Paid Check Total RDA '06 bonds debt srvc pmt 68,033.73 RDA '07 bonds debt srvc pmt 390,424.36 PERS HEALTH INSURANCE PAYMENT 102,054.56 PERS HEALTH INSURANCE PAYMENT 68,033.73 390,424.36 0.00 102,054.56 2709 06/04/2015 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 965.99 965.99 SUPPORT 2710 06/04/2015 000194 I CMA RETIREMENT -PLAN I CMA RETIREMENT TRUST 457 7,531.70 7,531.70 303355 PAYMENT 2711 06/08/2015 000444 INSTATAX (EDD) STATE TAXES PAYMENT 23,590.07 23,590.07 2712 06/08/2015 000283 INSTATAX (IRS) FEDERAL INCOME TAXES PAYMENT 85,456.24 85,456.24 2713 06/04/2015 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 3,037.94 3,037.94 SOLUTION PAYMENT 2714 06/04/2015 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 13,739.28 13,739.28 SOLUTION 2715 06/09/2015 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT 40,211.49 40,211.49 RETIREMENT) 2716 06/04/2015 017429 COBRA ADVANTAGE INC. REIMBURSEMENT FSA PAYMENT 6,255.98 6,255.98 171193 06/04/2015 011347 AFSI NC equip maint srvc & parts:pw street maint 114.95 114.95 171194 06/04/2015 013367 ACTIVE MICRO INC IT Help Desk supplies: info tech 321.16 321.16 171195 06/04/2015 010851 ADAMIAK, DAWN reimb: supplies for 4th of July parade 84.07 84.07 171196 06/04/2015 003951 ALL AMERICAN ASPHALT asphalt products:street maint citywide 363.24 asphalt products:street maint citywide 171197 06/04/2015 002187 ANIMAL FRIENDS OF THE Apr 15 Animal cntrl srvcs:city of VALLEYS 171198 06/04/2015 004307 ARCH CHEMICALS, INC. MAY 15 WATER QUALITY MAINT.:HARV LAKE PA 701.09 1,064.33 10,000.00 10,000.00 3,900.00 3,900.00 Pagel apChkLst Final Check List Page: 2 06/04/2015 2:36:56PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 171199 06/04/2015 017934 BABB, PAUL , M. AND CHERYL Childrens Museum Lamp 323.93 323.93 171200 06/04/2015 004089 BADGE A MINIT LTD Button maker kits:TPL 229.90 229.90 171201 06/04/2015 017953 BANUELOS, ALEJANDRA refund:sec dep:rm rental:harveston 200.00 200.00 171202 06/04/2015 013482 BAS SECURITY Securitysrvcs:Harveston Lake Park 1,646.80 1,646.80 171203 06/04/2015 010470 BED BATH & BEYOND FF&E items for Fire Station 73 3,376.46 3,376.46 171204 06/04/2015 014293 BIBLIOTHECA ITG, LLC Bin sorter maintenance:Public Library 9,657.90 9,657.90 171205 06/04/2015 012583 BLANCAY PRICE Feb Ldscp plan check/inspection:planning 9,970.00 9,970.00 171206 06/04/2015 003138 CAL MAT misc asphalt supplies:pw street maint 226.72 226.72 171207 06/04/2015 004006 CARROLL, JOSEPH PHOTOGRAPHY SVCS: MCCRACKEN, 328.32 328.32 M 171208 06/04/2015 004462 CDW, LLC MISC SUPPLIES:INFO TECH 273.24 MISC SUPPLIES:INFO TECH 40.85 314.09 171209 06/04/2015 005311 CERTIFIED POOL WATER May maint svcs for pools:crc & tes pools 1,025.00 SPCL. May fountain maint svcs.:twn sq/civic 900.00 1,925.00 171210 06/04/2015 014726 CHAPTER 13 STANDING SUPPORT PAYMENT 205.85 205.85 TRUSTEE 171211 06/04/2015 017392 CLS CONSTRUCTION p/e 05/05 citywide concrete repairs: cip 42,432.09 42,432.09 171212 06/04/2015 017429 COBRA ADVANTAGE INC. May 15 flex processing fees 175.50 175.50 171213 06/04/2015 004405 COMMUNITY HEALTH COMMUNITY HEALTH CHARITIES 24.00 24.00 CHARITIES PAYMENT 171214 06/04/2015 001264 COSTCO TEMECULA #491 Misc supplies - TVE2 285.79 171215 06/04/2015 017542 COX, KRISTI LYN Misc supplies:eco dev workshops TCSD instructor earnings TCSD instructor earnings 225.49 511.28 571.20 268.80 840.00 Paget apChkLst Final Check List Page: 3 06/04/2015 2:36:56PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 171216 06/04/2015 010650 CRAFTSMEN PLUMBING & HVAC INC 171217 06/04/2015 017456 CRST SPECIALIZED 171218 06/04/2015 007723 DE LATORRE, MAYRA 171219 06/04/2015 004192 DOWNS ENERGY FUEL& LUBRICANTS Description Amount Paid Check Total plumbing srvcs: tve2 450.00 Cleaned drain and screen caps on urinals 165.00 plumbing & maint repairs: old town 700.00 plumbing srvcs: crc 2,412.95 3,727.95 TVM- "6 Million" exhibit shipping fee 794.94 794.94 reimb: refreshments public works mtg 145.44 145.44 Fuel for City vehicles:police dept 120.55 Fuel for City vehicles: tcsd & planning 200.91 Fuel for City vehicles:pw 197.84 Fuel for City vehicles: tcsd 592.78 Fuel for City vehicles: pw 1,383.33 Fuel for City vehicles: pw 1,368.91 3,864.32 171220 06/04/2015 002981 DYNA MED 1st aid supplies:Aquatics facilities 52.39 1st aid supplies:Aquatics facilities 225.05 277.44 171221 06/04/2015 007319 EAGLE ROAD SERVICE & TIRE INC emerg tire repairs:pw street veh:equip 154.56 emerg tire repairs:pw street veh:equip 117.50 emerg tire repairs:pw street veh:equip 120.31 392.37 171222 06/04/2015 011292 ENVIRONMENTAL SCIENCE APR SUPPLEMENTAL El R:TEM VALLEY 2,840.56 2,840.56 ASSOC. HOSPITAL 171223 06/04/2015 001056 EXCEL LANDSCAPE, INC. 171224 06/04/2015 017432 EYEMED VISION CARE 171225 06/04/2015 000165 FEDERAL EXPRESS INC 171226 06/04/2015 014819 FLATIRON WEST, INC. landscape maint srvcs:various parks 147.53 IRRIGATION REPAIRS S-O5SIGNETSER 322.31 IRRIGATION REPAIRS S-05 SIGNET SER 322.31 irrigation repairs:foc and var slopes 102.84 IRRIGATION REPAIRS - S-14 MI RADA 246.34 landscape maint srvcs:various parks 323.53 landscape maint srvcs:various parks 166.46 landscape maint srvcs:various parks 280.34 landscape maint srvcs:various parks 287.03 !IRRIGATION REPAIR- MONTE VISTA 278.96 landscape maint srvcs:various parks 166.45 IRRIGATION REPAIRS-TEMEKU HILLS 326.28 2,970.38 VISION PLAN PAYMENT 830.74 830.74 5/1-5/11 Express mail svcs:cc, fire & pw 170.19 170.19 APR 15 CONST:FRENCH VALLEY 53,779.16 53,779.16 PKWY PROJ Page3 apChkLst Final Check List Page: 4 06/04/2015 2:36:56PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 171227 06/04/2015 004074 FRANCHISE MGMT SERVICES MISC SUPPLIES:HIGH HOPES PGRM 53.55 53.55 INC 171228 06/04/2015 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 350.00 350.00 171229 06/04/2015 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 150.00 150.00 171230 06/04/2015 002982 FRANCHISE TAX BOARD Ca non -res pmt:330383649 2015 form 35.00 35.00 592 171231 06/04/2015 003946 G T ENTERTAINMENT DJ & Emcee:misc. Nat'l Trail Days 300.00 300.00 171232 06/04/2015 001937 GALLS INC Misc supplies:Police volunteers 6.64 6.64 171233 06/04/2015 014945 GONZALEZ, SALVADOR reimb: basic asset course 5/11-5/13 131.44 131.44 171234 06/04/2015 014405 GORM INCORPORATED misc custodial supplies: var park sites 3,775.68 3,775.68 171235 06/04/2015 015451 GREATAMERICA FINANCIAL Copier lease: central svcs/TVE2 xxx3564 1,341.70 1,341.70 SVCS 171236 06/04/2015 016131 GREEN GUARD SERVICES, INC kitchen exhaust cleaning:mpsc 250.00 250.00 171237 06/04/2015 012748 HARDY & HARPER INC facility rehab:paving srvcs: crc 61,550.00 61,550.00 171238 06/04/2015 006250 HAZ MAT TRANS INC HAZARDOUS WASTE DISPOSALSRVC: 1,220.00 1,220.00 STREET 171239 06/04/2015 013749 HELIXSTORM INC. IT General Services 1,012.50 1,012.50 171240 06/04/2015 015121 HESLIN, MICHAEL EE computer purchase program 1,978.92 1,978.92 171241 06/04/2015 001013 HINDERLITER DE LLAMAS & 4TH QTR 2014 CNSLT SVCS: SALES 6,718.30 6,718.30 ASSOC TAX 171242 06/04/2015 013695 INLAND EMPIRE SHRED IT Shred srvcs:temecula police SHRED SRVCS:CITY CLERK SHRED SRVCS:CITY CLERK SHRED SRVCS:CITY CLERK 171243 06/04/2015 011228 INLAND PLANNING AND Apr 15 dsgn guidelines: uptown jef DESIGN INC 15.75 16.62 63.00 15.75 111.12 2,300.00 2,300.00 Page:4 apChkLst Final Check List Page: 5 06/04/2015 2:36:56PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 171244 06/04/2015 003296 INTL CODE COUNCIL 171245 06/04/2015 003266 IRON MOUNTAIN OFFSITE 171246 06/04/2015 012883 JACOB'S HOUSE INC 171247 06/04/2015 017881 JMF BBQ INVESTMENTS 171248 06/04/2015 003046 KF R O G 95.1 FM RADIO 171249 06/04/2015 000820 K R W & ASSOCIATES 171250 06/04/2015 001091 KEYSER MARSTON ASSOCIATES INC 171251 06/04/2015 004412 LEANDER, KERRY D. 171252 06/04/2015 003726 LIFE ASSIST INC 171253 06/04/2015 004230 LINCOLN EQUIPMENT INC 171254 06/04/2015 013982 MCI COMM SERVICE 171255 06/04/2015 003782 MAIN STREET SIGNS Description Amount Paid Check Total 2013 Energy Code Book: bldg & safety 54.28 54.28 OFFSITE MEDIA STORAGE - RECORDS 704.23 704.23 JACOB'S HOUSE CHARITY PAYMENT 40.00 40.00 refreshments for EOQ 06/11/15 690.19 690.19 Advertising: Western Days 2015 1,060.00 1,060.00 MAY 15 ENG PLAN CHECK SRVCS:PW 2,695.00 2,695.00 LAND DEV APR REAL ESTATE CONSULT: 856.25 856.25 AFFORDABLE HOUS TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings CPR Class Supplies: Medics Aquatics - Miscellaneous supplies. May xxx-0714 gen usage:PD mall alarm 472.50 966.00 294.00 182.00 253.75 548.80 2,717.05 126.73 126.73 500.23 500.23 34.24 May xxx-0346 general usage 31.33 65.57 misc street signs: pw street maint div 122.76 122.76 171256 06/04/2015 006571 MELODY'S AD WORKS INC. Consulting srvcs:CSD special events 137.59 Consulting srvcs:CSD special events 126.05 Consulting srvcs:CSD special events 39.24 302.88 171257 06/04/2015 013443 MIDWEST TAPE LLC AV collections:TPL 37.79 37.79 171258 06/04/2015 012962 MILLER, MISTY TCSD Instructor Earnings 308.00 TCSD Instructor Earnings 420.00 728.00 171259 06/04/2015 009835 MIRACLE PLAYGROUND SALES playground swing seats:various parks 675.65 675.65 INC Pages apChkLst Final Check List Page: 6 06/04/2015 2:36:56PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 171260 06/04/2015 012264 MIRANDA, JULIO C. Description TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Amount Paid Check Total 147.00 489.72 222.60 445.20 593.60 408.10 2,306.22 171261 06/04/2015 004040 MORAMARCO, ANTHONY, J. Dept team bldg: info sys 425.00 425.00 171262 06/04/2015 004040 MORAMARCO, ANTHONY, J. TCSD instructor earnings TCSD instructor earnings 171263 06/04/2015 010908 MR APPLIANCE OF kitchen equip prey maint: pbsp WINCHESTER 171264 06/04/2015 001986 MUZAK LLC 14.00 220.50 234.50 524.50 524.50 Jun 15 dish network programing:foc 135.85 Jun 15 dish network prgm:41952 6th St 57.62 193.47 171265 06/04/2015 002925 NAPA AUTO PARTS Auto parts & misc supplies: TCC 5.93 5.93 171266 06/04/2015 015164 NATURES IMAGE, INC APR 15 ENVIRO MITIGATION:FVP 905.35 OVERCROSSI N Apr Pechanga pkwy environ mtgtn:pw 1,221.46 171267 06/04/2015 013557 NAVAL SURFACE WARFARE Ann'I rental of night vision 600.00 CENTER 2,126.81 600.00 171268 06/04/2015 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:BLDG & 367.06 367.06 SAFETY 171269 06/04/2015 017593 PATTERSON, NORAH G. Performance: smr concert series 6/11 1,000.00 1,000.00 171270 06/04/2015 000249 PETTY CASH Petty Cash Reimbursement 907.29 907.29 171271 06/04/2015 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT 349.80 349.80 INC 171272 06/04/2015 017431 PRINCIPAL LIFE INSURANCE DENTAL INSURANCE PAYMENT 7,794.33 7,794.33 CO 171273 06/04/2015 014957 PRN PRODUCTIONS Comedy @ The Merc 5/30/15 70.00 70.00 171274 06/04/2015 017904 PROJECT WILDLIFE monitoring/relocation of 3 baby 1,500.00 1,500.00 171275 06/04/2015 002072 RANCHO CALIF WATER Ref.deposit/bid item 31-37:Main Str 26,929.00 26,929.00 DIST-FEES Page6 apChkLst Final Check List Page: 7 06/04/2015 2:36:56PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 171276 06/04/2015 000262 RANCHO CALIF WATER DISTRICT Description Amount Paid Check Total May var water meters:PW various sites 3,948.48 May var water meters:TCSD svc lev C 40,313.14 May var water meters:30875 Rancho vista 995.12 May var water meters:Fire Stns 775.13 46,031.87 171277 06/04/2015 004822 RIVERSIDE TRANSIT AGENCY Apr '15 trolley services 1,704.90 1,704.90 171278 06/04/2015 017952 ROBERTS, SUZANNE refund:dupl. fees:smartpay:library 45.00 45.00 171279 06/04/2015 012251 ROTH, DONALD J. TCSD Instructor Earnings 63.00 63.00 171280 06/04/2015 000278 SAN DIEGO UNION TRIBUNE Apr public ntcs:City Clerk/Planning 1,069.56 1,069.56 171281 06/04/2015 017947 SERENDIPITY THE GIFTING exhibit enhancements/dsgn:c. museum 1,943.99 1,943.99 PLACE 171282 06/04/2015 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 213.89 213.89 CENTRAL 171283 06/04/2015 009213 SHERRY BERRY MUSIC Jazz @ the Merc 5/28/15 168.00 168.00 171284 06/04/2015 009746 SIGNS BY TOMORROW 171285 06/04/2015 000537 SO CALIF EDISON Sign posting srvcs xx-2795:Planning Sign posting srvcs xx-2899:Planning Sign posting srvcs xx-0367:PIanning Sign posting srvcs xx-0313:PIanning Sign posting srvcs xx-0141:Planning May 2-35-164-3242:44270 Meadows pkwy May 2-35-164-3770:43487 Butterfield stg May 2-35-164-3663:42335 Meadows pkwy May 2-35-164-3515:32932 Leena way May 2-33-357-5785:44747 Redhawk pkwy May 2-28-331-4847:32805 Pauba Rd LS3 May 2-34-624-4452:32131 S Loop rd lot May 2-28-904-7706:32329 Overland Trl May 2-21-981-4720:30153 Tem pkwy tpp 171286 06/04/2015 002361 SO CALIF FPOS Statutes & Reg trng: 4 Fire Prev staff 148.20 148.20 148.20 148.20 444.60 26.14 26.86 25.10 25.25 29.62 94.14 777.76 151.24 22.53 1,037.40 1,178.64 600.00 600.00 Page:7 apChkLst 06/04/2015 2:36:56PM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK Check # Date Vendor 171287 06/04/2015 001212 SO CALIF GAS COMPANY 171288 06/04/2015 017954 SOTO, PATRICIA 171292 06/04/2015 007762 STANDARD INSURANCE COMPANY 171293 06/04/2015 012723 STANDARD INSURANCE COMPANY 171294 06/04/2015 008337 STAPLES BUSINESS ADVANTAGE 171295 06/04/2015 003840 STRONGS PAINTING 171296 06/04/2015 001547 TEAMSTERS LOCAL 911 171297 06/04/2015 003677 TEMECULA MOTORSPORTS LLC 171298 06/04/2015 016668 TEMECULA STRI NGS 171299 06/04/2015 016311 TIERCE, NICHOLAS 171300 06/04/2015 010276 TIME WARNER CABLE 171301 06/04/2015 000319 TOMARK SPORTS INC 171303 06/04/2015 017430 TRANSAMERICA LIFE INSURANCE CO 171304 06/04/2015 000325 UNITED WAY (Continued) Description May 125 -244 -2108 - May 181-383-8881 May 091-024-9300 May 028-025-1468 May 026-671-2909 May 095-167-7907 May 133-040-7373 May 129-535-4236 May 196-025-0344 May 101-525-0950 May 021-725-0775 3:30600 Pauba Rd -6:28314 Mercedes -5:30875 Rancho vista -3:41375 McCabe Ct -8:42051 Main St -2:30650 Pauba Rd -0:43210 Bus park dr -7:41000 Main St -3:42081 Main St -0:28816 Pujol St -4:41845 6th St refund:sec dep:rm rental:TCC LIFE INSURANCE PAYMENT VOLUNTARY SUPP LIFE INSURANCE PAYMENT MISC OFFICE SUPPLIES: CITY MANAGER Painting srvcs:TCC interior UNION DUES PAYMENT MOTORCYCLE REPAI R/MAI NT:TEM. P. D. TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Graphic design srvcs: Theater Jun high speed internet:Police porter floor cover plates:crc gym TRANSAMERICA ACCIDENT A DVA NTAG PAYMENT UNITED WAY CHARITIES PAYMENT Amount Paid Check Total 64.58 40.80 1,487.00 19.78 23.44 182.50 17.96 1,021.70 7.31 146.80 70.04 200.00 8,189.30 956.04 38.78 3,490.00 5,007.00 159.81 271.25 315.00 210.00 2,880.00 1.58 453.60 2,553.40 3,081.91 200.00 8,189.30 956.04 38.78 3,490.00 5,007.00 159.81 796.25 2,880.00 1.58 453.60 2,553.40 5.00 5.00 Page apChkLst Final Check List Page: 9 06/04/2015 2:36:56PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 171305 06/04/2015 000854 URBAN LAND INSTITUTE 171306 06/04/2015 017955 VELASQUEZ, MARICELA 171307 06/04/2015 004261 VERIZON 171308 06/04/2015 004789 VERIZON 171309 06/04/2015 014486 VERIZON WIRELESS 171310 06/04/2015 006248 WALKER, JESSICA Description Amount Paid Check Total registr:LB mtgs/L. Watson 55.00 registr:LB mtgs/M. Peters 55.00 110.00 refund:sec dep:rm rental:TCC 150.00 150.00 May xxx-2886 gen usage:harveston ctr 127.30 127.30 May Internet svcs:Library 184.99 184.99 4/16-5/15 broadband svcs:citywide 2,573.65 2,573.65 TCSD Instructor Earnings 257.60 257.60 171311 06/04/2015 017925 WINCHESTER FINANCIAL refund:w/d ping appl.:PA14-0142 CENTER, 171312 06/04/2015 000348 ZIG LER, GAIL 1000466 05/28/2015 017950 ALEKSAK, DEBBIE 1000467 05/28/2015 017951 RICHARDS, BILL Reimb:Memorial Day ceremony supplies refund:TEF - jump start college refund:sec dep:rm rental:TCC 263.10 263.10 282.46 282.46 300.00 300.00 150.00 150.00 Grand total for UNION BANK: 1,123,230.57 Page9 apChkLst Final Check List 06/04/2015 2:36:56PM CITY OF TEMECULA Page: 10 129 checks in this report. Grand Total All Checks: 1,123,230.57 Pagel 0 Item No. 4 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: June 23, 2015 SUBJECT: Approve Financial Statements for the 3rd Quarter Ended Mach 31, 2015 PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: That the City Council: 1. Receive and file the Financial Statements for the 3rd Quarter Ended March 31, 2015; 2. Approve a transfer of $10,000 to Animal Control Services 001.172.999.5255 from Legal Services account 001.130.999.5246. 3. Approve a transfer of $60,000 to Special Needs Playground 210.190.129.5801 from Senior Citizen Outdoor Fitness Lot 210.190.133.5804. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the City for the 3rd Quarter Ended March 31, 2015. Please see the attached Financial Statements footnotes for an analytical review of financial activity for each of the various funds. Two interdepartmental transfers are necessary to adjust the following budgets: 1) a transfer to the Animal Control Services budget is needed to cover additional expenditures for the Animal Services Agreement for the remaining fiscal year 2015 budget; 2) a transfer to Special Needs Playground is needed to cover additional administrative charges until June 2015. FISCAL IMPACT: None ATTACHMENTS: 1. Combining Balance Sheet as of March 31, 2015 2. Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual for the 3rd Quarter Ended March 31, 2015 3. Combining Statement of Net Assets as of March 31, 2015 4. Combining Statement of Revenues, Expenses and Changes in Net Assets for the 3rd Quarter Ended March 31, 2015 5. Statement of Net Assets - Fiduciary Fund as of March 31, 2015 6. Statement of Changes in Fiduciary Net Assets for the 3rd Quarter Ended March 31, 2015 CITY OF TEMECULA COMBINING BALANCE SHEET As of March 31, 2015 General State Gas Tax Development Fund Fund Impact Fund Business Incubator Resource Community Temecula Development Energy Block Grant Efficiency Fund Asset Team Assembly Bill 2766 Motor Vehicle Subvention Fund ASSETS: Cash and Investments $ 22,787,001 $ - $ 4,822,457 $ 9,205 $ - $ 190,889 $ 503,251 Receivables 7,656,198 213,976 828,835 1,312 92,324 243 879 Due from Other Funds 153,702 - - - - - Advances to DIF Fire 817,400 Advances to SARDA - Deposits 91,799 Prepaid- CaIPERS 946,386 Inventory 3,058 Land Held for Resale TOTAL ASSETS $ 32,455,544 $ 213,976 $ 5,651,292 $ 10,517 $ 92,324 $ 191,132 $ 504,130 LIABILITIES AND FUND BALANCES LIABILITIES: Due to Other Funds $ - $ 56,337 $ 817,400 $ - $ 92,324 $ - $ Other Current Liabilities 10,523,352 - 17,659 289 Deferred Revenue 5,135,258 - - TOTAL LIABILITIES 15,658,610 56,337 835,059 289 92,324 FUND BALANCES: Nonspendable: Advances to SARDA Deposits 91,799 Inventory 3,058 Land Held for Resale Notes and Loans Prepaid Costs 946,386 Restricted For: Community Development Projects Capital Projects 4,816,233 Debt Service Business Incubator Project 10,228 Parks and Recreation Public Works 157,639 Reward Committed To: Contractual Obligation - Encumbrances 1,330,306 Economic Uncertainty (20%) 12,327,875 Secondary Reserve (5%) 1,407,285 Assigned To: Capital Projects City and Park Facilities Unrealized Gains 250,000 Unassigned 440,225 TOTAL FUND BALANCES 504,130 191,132 16,796,934 157,639 4,816,233 10,228 191,132 504,130 TOTAL LIABILITIES and FUND BALANCES $ 32,455,544 $ 213,976 $ 5,651,292 $ 10,517 $ 92,324 $ 191,132 $ 504,130 NOTE: Balances are unaudited CITY OF TEMECULA COMBINING BALANCE SHEET As of March 31, 2015 Supplemental Law Larry Affordable Enforcement Robinson Housing Services Reward Fund Fund Measure A Fund Capital Project Fund Financing Lease TOTAL ASSETS: Cash and Investments $ - $ 25,199 $ 29,721 $ 2,912,047 $ 10,313,644 $ $ 41,593,414 Receivables 16,667 35 26,207,117 215,487 634,909 35,867,982 Due from Other Funds - - - - 153,702 Advances to DIF Fire 817,400 Advances to SARDA 5,250,954 5,250,954 Deposits 91,799 Prepaid- CaIPERS 946,386 Inventory 3,058 Land Held for Resale 4,400,388 4,400,388 TOTAL ASSETS $ 16,667 $ 25,234 $ 35,888,180 $ 3,127,534 $ 10,948,553 $ $ 89,125,083 LIABILITIES AND FUND BALANCES LIABILITIES: Due to Other Funds $ 16,667 $ - $ - $ - $ - $ $ 982,728 Other Current Liabilities - - 9,749 105,046 1,881,822 12,537,917 Deferred Revenue 25,686,220 - - 30,821,478 TOTAL LIABILITIES 16,667 25,695,969 105,046 1,881,822 44,342,123 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 Business Incubator Project Parks and Recreation Public Works Reward 25,234 Committed To: Contractual Obligation - Encumbrances Economic Uncertainty (20%) Secondary Reserve (5%) Assigned To: Capital Projects City and Park Facilities Unrealized Gains Unassigned TOTAL FUND BALANCES 25,234 4,400,388 5,791,823 1,311,973 1,710,515 9,066,731 91,799 3,058 4,400,388 946,386 5,791,823 6,632,336 10,228 2,059,286 25,234 1,330,306 12,327,875 1,407,285 9,066,731 250,000 440,225 10,192,211 3,022,488 9,066,731 44,782,960 TOTAL LIABILITIES and FUND BALANCES $ 16,667 $ 25,234 $ 35,888,180 $ 3,127,534 $ 10,948,553 $ - $ 89,125,083 NOTE: Balances are unaudited CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND for the 3rd Quarter Ended March 31, 2015 Annual Amended Budget Total Percentage of Activity Budget REVENUES: Sales Tax - State $ 23,264,277 $ 14,737,354 63% (1) Sales Tax - Triple Flip 8,085,582 4,374,980 54% (2) Franchise Fees 3,736,896 2,555,430 68% Motor Vehicle In Lieu- State 44,559 43,558 98% Property Tax- Secured/Unsecured 5,832,155 4,038,336 69% (2) Property Tax in Lieu of VLF 6,724,626 3,362,313 50% (2) Property Tax Relief (Homeowner) 82,996 37,713 45% (2) Property Transfer Tax 711,281 524,923 74% Residual RPTTF Distribution 150,000 84,459 56% Transient Occupancy Tax 2,976,305 2,174,446 73% Vehicle Code Fines 531,005 451,817 85% Development Services: Building & Safety 2,022,658 1,247,098 62% (3) Fire 871,469 594,218 68% (3) Land Development 790,061 479,643 61% (3) Planning 923,711 348,609 38% (3) Public Works - NPDES 3,506 962 27% (3) Park Maintenance 1,918,152 1,039,013 54% (2) Police 468,981 334,043 71% Bids and Proposals 6,750 4,125 61% (4) Business Licenses 300,000 251,418 84% Investment (58,818) (26,057) 44% (6) Lease Income 13,260 9,946 75% Miscellaneous 18,457 10,744 58% Rental Income 78,204 56,065 72% Right of Way Advertising 41,400 26,040 63% (5) Operating Transfers In SLESF 167,000 77,102 46% (7) State Gas Tax 3,018,353 2,263,765 75% Reimbursements: CIP 2,180,393 1,285,639 59% Financing 40,000 31,841 80% Mandated Cost 37,338 37,338 100% Other 55,000 40,488 74% TOTAL REVENUES $ 65,035,557 $ 40,497,369 62% NOTES: (1) Sales Tax revenue the quarter ending March 2015 are expected to be received no later than June 30, 2015. (2) Property taxes are expected to be received in May 2015. (3) The variance in Development Services is due to timing when plans applications are submitted and revenues are collected for new project development. (4) The variance in Bids and Proposals are due to less than anticipated bids received during this year. (5) Right of Way Advertising revenue for March 2015 are expected to be received in May 2015. (6) The variance in Investments revenue is due to the change in the fair value of investments, as well as fluctuating interest rates. (7) SLESF revenue for third quarter are scheduled to be received by June 30, 2015. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND for the 3rd Quarter Ended March 31, 2015 Annual Amended Budget Year -to -Date Activity Year -to -Date Encumbrances Activity and Encumbrances Percentage of Budget EXPENDITURES: City Council $ 452,410 $ 329,952 $ 2,077 $ 332,029 73% Community Support 101,000 62,435 62,435 62% City Manager 1,199,604 823,886 31,615 855,501 71% Economic Development 1,073,452 805,122 (5,635) 799,487 74% City Clerk 1,121,597 810,625 22,737 833,362 74% City Attorney 741,300 340,980 - 340,980 46% (1) Finance 2,295,237 1,563,057 51,272 1,614,329 70% Human Resources 748,743 529,445 6,275 535,720 72% Planning 2,018,552 1,445,170 94,475 1,539,645 76% Building & Safety 2,416,946 1,574,046 69,193 1,643,239 68% Land Development 1,400,261 937,593 9,878 947,471 68% Public Works 5,214,815 3,475,347 318,298 3,793,645 73% CIPAdministration 2,116,445 1,490,916 2,063 1,492,979 71% Parks Maintenance 3,742,322 2,605,058 435,326 3,040,384 81% Police 23,887,777 17,961,911 130,196 18,092,107 76% Fire 5,460,132 4,029,443 87,638 4,117,081 75% Animal Control 464,491 390,713 74,898 465,611 100.2% (2) Non -Departmental 9,519,907 7,668,821 - 7,668,821 81% TOTAL EXPENDITURES (excluding transfers) 63,974,991 46,844,520 1,330,306 48,174,826 75% Revenues Over/(Under) Expenditures 1,060,566 (6,347,151) Other Financing Sources/(Uses): Transfers Out (2,168,485) (2,157,016) Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) (1,107,919) (8,504,167) Beginning Fund Balance as of 7/01/2014 25,301,101 25,301,101 Ending Fund Balance as of 3/31/2015 $ 24,193,182 $ 16,796,934 NOTES: (1) The variance in City Attorney is due to less than anticipated litigation and legal services during this quarter. (2) A transfer is needed to cover Animal Services agreement for the remaining fiscal year 2015. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL STATE GAS TAX FUND for the 3rd Quarter Ended March 31, 2015 Annual Amended Budget Total Percentage of Activity Budget REVENUES: Section 2103 - 2107 Investment Interest TOTAL REVENUES Other Financing Sources (Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2014 Ending Fund Balance as of 3/31/2015 Notes: $ 3,018,354 $ 1,928,217 64% (1) 1,000 1,997 200% (2) 3,019,354 1,930,214 64% (3,018,353) (2,263,765) 75% 1,001 (333,551) 491,190 491,190 $ 492,191 $ 157,639 (1) March 2015 gas tax revenues are expected in April 2015. (2) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL DEVELOPMENT IMPACT FEES FUND for the 3rd Quarter Ended March 31, 2015 Annual Amended Budget Total Percentage of Activity Budget REVENUES: Open Space $ 163,130 $ 74,770 46% Investment Interest - 16,944 0% Quimby 352,253 19,615 6% Street Improvements 875,980 460,983 53% Traffic Signals 129,637 71,085 55% Parks & Recreation 1,128,760 479,324 42% Corporate Facilities 227,307 95,552 42% Fire Protection 118,061 48,322 41% Library 309,331 140,772 46% Public Art 22,249 9,897 44% Police 119,859 54,369 45% Transfers 817,400 817,400 100% TOTAL REVENUES 4,263,967 2,289,033 54% (1) Other Financing Sources/(Uses): Transfers Out (10,698,870) (1,828,980) 17% (2) Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2014 Ending Fund Balance as of 3/31/2015 (6,434,903) 460,053 4,356,180 4,356,180 $ (2,078,723) (3) $ 4,816,233 NOTES: (1) The variance in Development Impact Fees Fund (DIF) revenues is due to the timing of developers pulling permits, as the DIF fees are paid when permits are granted. (2) Transfers out for capital project expenditures are made on a reimbursement basis to the CIP fund after expenditures have been incurred. The timing of CIP expenditures has not occurred as anticipated in the budget. (3) The deficit balance is primarily attributed to several Capital Improvement Projects that are included in the current fiscal year budget that will be funded with future DIF revenues. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL BUSINESS INCUBATOR RESOURCE for the 3rd Quarter Ended March 31, 2015 Annual Amended Budget YTD Activity Encumbrances Total Percentage Activity of Budget REVENUES: Rental Income $ 29,325 $ 20,786 $ $ 20,786 71% Investment Interest 300 108 108 36% (1) Transfer In 45,876 34,407 34,407 75% TOTAL REVENUES 75,501 55,301 55,301 73% EXPENDITURES: Operating Expenditures 116,532 86,104 TOTAL EXPENDITURES 116,532 86,104 Revenues Over/(Under) Expenditures (41,031) (30,803) Beginning Fund Balance as of 7/01/2014 41,031 41,031 Ending Fund Balance as of 3/31/2015 $ $ 10,228 1,661 1,661 87,765 74% 87,765 75% Notes: (1) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL COMMUNITY DEVELOPMENT BLOCK GRANT for the 3rd Quarter Ended March 31, 2015 Annual Amended Budget YTD Activity Encumbrances Total Activity Percentage of Budget REVENUES: Grant Revenue TOTAL REVENUES EXPENDITURES: Salaries and Wages Other Outside Services TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Other Financing Sources/(Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2014 $ 866,134 $ 135,890 $ $ 135,890 16% (1) 866,134 135,890 135,890 16% 109,149 78,483 78,483 72% 123,665 57,407 66,258 123,665 100% 232,814 135,890 66,258 202,148 58% 633,320 (633,320) Ending Fund Balance as of 3/31/2015 $ Notes: (1) CDBG Revenue is booked on a reimbursement basis as eligible expenditures occur. The construction project Sam Hicks Monument Playground Replacement budgeted with CDBG Fund was awarded by City Council on May 12, 2015. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TEMECULA ENERGY EFFICIENCY ASSET MANAGEMENT for the 3rd Quarter Ended March 31, 2015 Annual Amended Budget Total Percentage of Activity Budget REVENUES: Investment Interest Reimbursements TOTAL REVENUES 400 592 148% 29,600 25,374 86% (1) 30,000 25,966 87% EXPENDITURES: Other Outside Services 0% TOTAL EXPENDITURES 0% Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2014 30,000 25,966 165,166 165,166 Ending Fund Balance as of 3/31/2015 $ 195,166 $ 191,132 Notes: (1) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL ASSEMBLY BILL 2766 MOTOR VEHICLE SUBVENTION FUND for the 3rd Quarter Ended March 31, 2015 REVENUES: AB 2766 Investment Interest TOTAL REVENUES Annual Amended Budget Total Activity Encumbrances Total Percentage of Activity Budget $ 129,449 $ 63,138 $ - $ 63,138 49% (1) 1,000 1,625 - 1,625 163% (2) 130,449 64,763 - 64,763 50% EXPENDITURES: Other Outside Services 37,049 23,464 6,820 30,284 82% TOTAL EXPENDITURES 37,049 23,464 6,820 30,284 82% Revenues Over/(Under) Expenditures 93,400 41,299 Other Financing Sources/(Uses): Transfers Out (556,231) Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2014 Ending Fund Balance as of 3/31/2015 (462,831) 41,299 462,831 462,831 $ - $ 504,130 NOTES: (1) The third quarter revenue allocation for Air Quality is not expected until end of May 2015. (2) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) for the 3rd Quarter Ended March 31, 2015 Annual Amended Budget Total Percentage of Activity Budget REVENUES: AB 3229 - COPS $ 167,000 $ 71,092 43% (1) Investment Interest 10 0% TOTAL REVENUES 167,000 71,102 43% Other Financing Sources (Uses): Transfers Out (167,000) Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2014 (71,102) 43% (1) Ending Fund Balance as of 3/31/2015 $ $ Notes: (1) Revenues from State are expected to be received by June 2015. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL LARRY ROBINSON REWARD FUND for the 3rd Quarter Ended March 31, 2015 Annual Amended Budget Total Percentage of Activity Budget REVENUES: Investment Interest $ 89 0% TOTAL REVENUES - 89 0% EXPENDITURES: Other Outside Services - - 0% TOTAL EXPENDITURES - - 0% Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) - 89 Beginning Fund Balance as of 7/01/2014 25,145 25,145 Ending Fund Balance as of 3/31/2015 $ 25,145 $ 25,234 (1) NOTES: (1) A resolution was approved by City Council for the establishment and distribution of a reward fund for persons who furnish information leading to the arrest and conviction of the person or persons who caused the death of Larry Robinson on March 22, 2013. If no person has been apprehended or charged with causing his death by March 22, 2018, all monies in the fund shall be returned. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL AFFORDABLE HOUSING FUND for the 3rd Quarter Ended March 31, 2015 Annual YTD Total Percentage Amended Activity Encumbrances Activity of Budget Budget REVENUES: Residual Receipt Payment $ 17,579 $ $ - $ 0% (1) Investment Interest 60 346 346 577% (2) Loan Interest 5,434 3,077 3,077 57% (3) Rental Income 173,000 173,000 173,000 100% Contributions Agency Trust 250,000 125,000 125,000 50% (4) Monitoring Fees 10,032 0% (5) Transfer In 23,307 23,307 23,307 100% TOTAL REVENUES EXPENDITURES: 479,412 324,730 324,730 68% OPERATING EXPENDITURES: Salaries & Benefits 284,687 193,744 193,744 68% Operating and Administrative Expenditures 256,677 97,631 72,777 170,408 66% TOTAL EXPENDITURES 541,364 291,375 72,777 364,152 67% Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) (61,952) 33,355 Beginning Fund Balance as of 7/01/2014 10,158, 856 10,158, 856 Ending Fund Balance as of 3/31/2015 $ 10,096,904 $ 10,192,211 Notes: (1) Residual receipt payment are expected by May of this fiscal year. (2) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. (3) The variance is due to First Time Homebuyer loans that were paid off early. (4) Property Tax Distribution is expected to be received in June 2015. (5) Monitoring Fees are expected to be received in April 2015. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL MEASURE A FUND for the 3rd Quarter Ended March 31, 2015 Annual Amended Budget Total Activity Encumbrances Total Percentage Activity of Budget REVENUES: Investment Interest $ 8,000 $ 12,800 $ $ 12,800 160% (1) Reimbursements 35,483 35,483 35,483 100% Measure "A" 2,701,290 1,734,397 1,734,397 64% TOTAL REVENUES 2,744,773 1,782,680 1,782,680 65% EXPENDITURES: Street Maintenance 2,502,000 1,553,107 214,998 1,768,105 71% TOTAL EXPENDITURES 2,502,000 1,553,107 214,998 1,768,105 71% Revenues Over/(Under) Expenditures Other Financing Sources/(Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2014 242,773 229,573 (4,017,522) (1,700,000) (3,774,749) (1,470,427) 4,492,915 4,492,915 Ending Fund Balance as of 3/31/2015 $ 718,166 $ 3,022,488 NOTES: (1) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND for the 3rd Quarter Ended March 31, 2015 Annual Account Year -to -Date Percentage Number Amended Activity Encumbrances Total Activity of Budget Budget REVENUE: Operating Transfers In $ 32,733,935 $ 5,594,138 $ - $ 5,594,138 17% Grants 2,602,190 164,438 - 164,438 6% Reimbursements / TUMF 10,516,152 2,815,042 - 2,815,042 27% Pavement Management Program 1,500,000 1,500,000 1,500,000 100% Investment Interest - 25,035 - 25,035 0% TOTAL REVENUE 47,352,277 10,098,653 - 10,098,653 21% (1) EXPENDITURES: Old Town Police Storefront 165-513 35,206 - - 0% Pechanga Parkway Environmental Mitigation 165-516 299,342 136,081 163,261 299,342 100% Murrieta Creek Bridge / Overland Drive Extension to Diaz Road 165-602 3,002,838 163,471 158,097 321,568 11% Abbott Corporation Roadway Improvements 165-620 750,000 - - 0% Medians and Parkway Citywide 165-622 143,000 - - 0% Old Town Infrastructure - Parking Structure, Office and Retail 165-644 28,721 - - 0% Pavement Rehabilitation Program - Winchester Road 165-650 1,529,975 23 - 23 0% Pavement Rehabilitation Program - Citywide 165-655 4,985,738 991,452 953,338 1,944,790 39% Western Bypass Bridge Over Murrieta Creek 165-660 82,659 3,437 28,133 31,570 38% Interstate -15 / State Route 79 South Ultimate Interchange 165-662 1,413,863 212,615 118,318 330,933 23% Flashing Beacons & Speed Advisory Signs 165-670 24,138 6,615 - 6,615 27% Traffic Signal Equipment Replacement Program -Citywide 165-680 288,176 77,789 23,541 101,330 35% Traffic Signal- Winchester Road @ Roripaugh 165-682 75,000 - - 0% City Facilities Rehabilitation 165-701 389,727 217,761 162,449 380,210 98% Bike Lane and Trail Program 165-703 462,634 34,241 72,679 106,920 23% Medians & Ornamental Pedestrian Barriers- Citywide 165-704 10,100 - - 0% Citywide Sidewalks 165-708 61,903 19,639 6,589 26,228 42% CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the 3rd Quarter Ended March 31, 2015 Annual Account Year -to -Date Percentage Number Amended Activity Encumbrances Total Activity of Budget Budget EXPENDITURES - cont'd: Citywide Surveillance Cameras 165-711 614,000 - - 0% Consolidate Update Evaluation Disable 165-713 100,000 - - 0% Pauba Sidewalk 165-714 488,400 314,067 125,546 439,613 90% Citywide Storm Drain Improvements 165-715 284,023 42,581 183 42,764 15% French Valley Pkwy/I-15 Over -Crossing and Improvements- Phase I 165-719 2,385,912 1,870,937 459,075 2,330,012 98% Butterfield Stage Road Extension 165-723 13,091,449 317,774 519,657 837,431 6% French Valley Pkwy/I-15 Over -Crossing and Improvements- Phase II 165-726 4,359,317 266,187 2,156,681 2,422,868 56% Santa Gertrudis Creek Pedestrian Bicycle Trail Extension Interconnect 165-739 148,391 470 92,900 93,370 63% Main Street Bridge Over Murrieta Creek Replacement 165-743 638,655 254,048 94,059 348,107 55% Temecula Park and Ride 165-747 2,090,976 67,092 39,840 106,932 5% Old Town Civic Center 165-751 203,067 62,495 62,495 31% Fire Station Roripaugh- Phase II 165-753 11,337 - - 0% TCC Renovation 165-754 246,576 203,388 21,455 224,843 91% Theater Remediation 165-756 3,592,896 742,950 2,224,422 2,967,372 83% Fire Station 73 Living Quarters Upgrade 165-757 1,736,163 293,652 1,352,879 1,646,531 95% YMCA Repair and Remediation 165-759 1,331,773 137,836 45,159 182,995 14% Developer Reimbursements 165-763 1,237,077 - - 0% CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the 3rd Quarter Ended March 31, 2015 Annual Account Year -to -Date Percentage Amended Encumbrances Total Activity Number Budget Activity of Budget EXPENDITURES - cont'd: Playground Equipment Enhancement and Safety Surfacing 190-120 290,000 728 - 728 0% Teen Center 190-122 30,000 15,036 14,964 30,000 100% Children's Museum Enhancement 190-125 83,860 - - 0% Flood Control Channel Reconstruction 190-127 443,628 100,002 91,008 191,010 43% Special Needs Playground 190-129 908,397 901,515 40,080 941,595 104% (2) Parks Improvement Program 190-130 221,946 143,512 46,300 189,812 86% Sam Hicks Monument Park Playground Enhancement 190-132 519,319 34,326 - 34,326 7% Senior Citizen Outdoor Fitness Lot 190-133 80,499 2,436 - 2,436 3% Library Parking- Phase II 190-153 1,331,352 84,885 28,867 113,752 9% Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond TOTAL EXPENDITURES Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2014 190-187 69,715 3,055 66,660 69,715 100% 50,121,748 7,659,601 9,168,635 16,828,236 34% (1) (2,769,471) 2,439,052 6,627,679 6,627,679 Ending Fund Balance as of 3/31/2015 $ 3,858,208 $ 9,066,731 NOTES: (1) The variance is primarily due to the timing of project expenditures and revenues differing from that anticipated in the budget. (2) The variance is due to administrative charges that was not included in the budget. A transfer of $60,000 is requested from Senior Citizen Outdoor Fitness Lot 210.190.133.5804 to cover the negative balance and remaining admin charges for June 2015. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL 2011 FINANCING LEASE for the 3rd Quarter Ended March 31, 2015 Annual Amended Budget Total Percentage of Activity Budget REVENUES: 2011 Financing Lease Revenues TOTAL REVENUES EXPENDITURES: Debt Service Principal Debt Service Interest $ 2,137,672 2,137, 672 1,244,000 893,672 TOTAL EXPENDITURES 2,137,672 Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2014 Ending Fund Balance as of 3/31/2015 $ 1,603,306 1,603,306 929,000 674,306 75% 75% 75% 75% 1,603,306 75% CITY OF TEMECULA COMBINING STATEMENT OF NET ASSETS INTERNAL SERVICE FUNDS as of March 31, 2015 Insurance Worker's Vehicles and Information Technology Support Facilities Compensation Equipment Technology Replacement Fund Services Fund Fund fund Fund Fund Fund TOTAL ASSETS: Cash and Investments $ 549,090 $ 234,825 $ 1,490,664 $ 855,356 $ 772,017 $ 481,062 $ 527,699 $ 4,910,713 Receivables 1,824 245 2,986 2,070 - 1,818 719 9,662 Prepaid Assets 101,846 - - - 101,846 Property, Plant, and Equipment (net of accumulated depreciation) - 410,395 - 455,691 134,410 1,000,496 TOTAL ASSETS 652,760 235,070 1,904,045 857,426 1,227,708 617,290 528,418 6,022,717 LIABILITIES AND NET ASSETS LIABILITIES: Current Liabilities Capital Leases Payable TOTAL LIABILITIES 489,962 - - 138,867 - 41,604 90,013 760,446 119,406 119,406 489,962 - - 138,867 - 161,010 90,013 879,852 NET ASSETS: TOTAL NET ASSETS $ 162,798 $ 235,070 $ 1,904,045 $ 718,559 $ 1,227,708 $ 456,280 $ 438,405 $ 5,142,865 NOTE: Balances are unaudited CITY OF TEMECULA COMBINING STATEMENT OF REVENUES, EXPENSES, and CHANGES IN NET ASSETS INTERNAL SERVICE FUNDS for the 3rd Quarter Ended March 31, 2015 Insurance Worker's Vehicles and Information Technology Support Facilities Compensation Equipment Technology Replacement Fund Services Fund Fund fund Fund Fund Fund TOTAL REVENUES: Investment Interest $ 1,160 $ 371 $ 5,000 $ 2,467 $ 293 $ 1,595 $ 1,169 $ 12,055 Transfer In - 1,226,510 - 1,226,510 Charges for Services 779,692 238,889 113,042 2,273,941 243,876 364,466 954,490 4,968,396 TOTAL REVENUES 780,852 239,260 118,042 2,276,408 1,470,679 366,061 955,659 6,206,961 EXPENSES: Salaries and Wages 73,577 Operating Expenses 751,213 Interest - Depreciation 1,008,064 231,069 4,190 1,802,644 69,658 - - 13,482 107,607 242,971 33,830 371,180 529,885 1,683,890 3,157,590 13,482 384,408 TOTAL EXPENSES 824,790 4,190 107,607 2,810,708 242,971 348,039 901,065 5,239,370 Revenues Over/(Under) Expenses (43,938) 235,070 10,435 (534,300) 1,227,708 18,022 54,594 967,591 Net Assets as of 7/01/2014 206,736 0 1,893,610 1,252,859 0 438,258 383,811 4,175,274 Net Assets as of 3/31/2015 $ 162,798 $ 235,070 $ 1,904,045 $ 718,559 $ 1,227,708 $ 456,280 $ 438,405 $ 5,142,865 CITY OF TEMECULA STATEMENT OF NET ASSETS - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST (CERBT) FUND as of March 31, 2015 CERBT FUND ASSETS: Cash and Investments TOTAL ASSETS LIABILITIES: Accounts Payable TOTAL LIABILITIES $ 5,637,343 5,637,343 NET ASSETS: 5,637,343 Held in Trust for Retiree Benefits 5,637,343 TOTAL NET ASSETS $ 5,637,343 NOTE: Balances are unaudited CITY OF TEMECULA STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND for the 3rd Quarter Ended March 31, 2015 CERBT FUND ADDITIONS CONTRIBUTIONS: Employer Investment Earnings $ 412,316 40,982 TOTAL CONTRIBUTIONS 453,298 DEDUCTIONS: Benefits 342,341 TOTAL DEDUCTIONS TOTAL ADDITIONS Net Assets as of 7/1/2014 Net Assets as of 6/30/2015 342,341 5,526,386 $ 5,637,343 Item No. 5 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: June 23, 2015 SUBJECT: Adopt Resolution to Establish the Amount of the Voter Approved Measure C Annual Special Tax Levy for Fiscal Year 2015-16 PREPARED BY: Jennifer Hennessy, Finance Director RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2015-16 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS BACKGROUND: Beginning Fiscal Year 1997-98, the Community Services, Parks and Recreation and Arterial Street Lights Rates and Charges previously levied by the Temecula Community Services District (TCSD) were replaced by the City of Temecula's Parks/Lighting Services Special Tax approved by the voters as Measure C on March 4, 1997. The purpose of the Parks/Lighting Services Special Tax is to provide for the ongoing operations, maintenance and servicing of the City's public parks, recreational facilities; recreational and human services programs; landscaped median maintenance costs; and energy costs for arterial street lighting and traffic signals. Pursuant to City Ordinance 96-21, the City Council is also empowered to establish the amount of the tax levy each fiscal year. As a result, it is recommended that the amounts to be levied for Fiscal Year 2015-16 shall be the maximum tax rate approved by voters within the following categories: $ 74.44 per single family residential dwelling unit $ 55.83 per multi -family residential dwelling unit $ 148.88 per acre of vacant property in a residential zone $ 297.76 per acre of vacant property in a non-residential zone $ 446.64 per acre of non-residential improved property $ 148.88 per acre of golf course property $ 37.22 per acre of agricultural property The Parks/Street Lighting Services Special Tax is levied in the same manner, at the same time as the TCSD Rates and Charges, and collected on the annual property tax bills. For Fiscal Year 2015-16, the total proposed operating budget for parks; recreational and human services programs; recreational facilities; and landscaped medians is $12,793,421. As per the budget, the anticipated revenue based on the assessed rate from all taxable parcels within the City for Fiscal Year 2015-16 is $3,735,278. The difference in operating costs over levy revenue is offset by recreational revenues, user fees, interest income, fund balance, and General Fund contributions. This will be the twentieth consecutive year that the General Fund has contributed to the funding of the parks, programs, facilities, and services provided by the TCSD. To make the City's levy of the special tax consistent with the County's application of ad valorem property taxes and with the City's historical administration of the special tax, City Staff further recommends that the tax rate be set at $0.00 for any parcel of property that: (i) qualifies for an exemption from ad valorem taxation under California law, (ii) is owned by a federally recognized Tribal Government, (iii) is owned by a homeowners association and used by the owners and/or occupants of the respective residential development in a manner incidental to residential occupancy or (iv) is zoned for use as open space. FISCAL IMPACT: The $3,735,278 in Special Tax revenue will fund park and recreational facilities maintenance, recreational, human services and cultural arts programs throughout the City. Fifty percent of the levy is receipted in the City's General Fund and 50% is receipted in the Temecula Community Services District Fund. ATTACHMENTS: Resolution to Levy the Parks/Lighting Special Tax RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2015-16 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to the authority of Article XI, Section 7 of the California Constitution, Government Code Section 37100.5, and other applicable law, the City Council adopted, and the voters of the City of Temecula approved, Ordinance No. 96- 21, levying and assessing a special tax on each parcel of property in the City of Temecula for each fiscal year, commencing with Fiscal Year 1997-1998. Section 2. The maximum amount of said special tax for each fiscal year as established by Ordinance No. 96-21 is $74.44 per single-family residential dwelling unit, $55.83 per multi -family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in a non-residential zone, $446.64 per acre of non-residential improved property and $37.22 per acre for agricultural uses. Section 3. The City of Temecula has experienced a large amount of mixed use (both residential and commercial) development primarily within the Temecula Old Town area. As a result, all mixed use development assessment for the Special Tax will be calculated using the number and type of dwelling units and the per acre charge for non-residential improved property. Section 4. Pursuant to Ordinance No. 96-21 the City Council is empowered to establish the amount of the special tax levy annually each fiscal year, in amounts not to exceed the maximum amounts specified in Section 2 of this Resolution, as is required to provide an adequate level of service in accordance with the purposes set forth in the Ordinance. Section 5. The City Council hereby determines that the maximum rates will be required in order to provide an adequate level of service in accordance with the purposes set forth in Ordinance No. 96-21, and hereby establishes the following amounts to be levied as a special tax for Fiscal Year 2015-16: $ 74.44 per single-family residential dwelling unit $ 55.83 per multi -family residential dwelling unit $148.88 per acre of vacant property in a residential zone $297.76 per acre of vacant property in a non-residential zone $446.64 per acre of non-residential improved property $148.88 per acre of golf course property $ 37.22 per acre of agricultural property Section 6. Notwithstanding Section 5 of this Resolution the tax rate shall be $0.00 for any parcel of property that: (i) qualifies for an exemption from ad valorem taxation under California law, (ii) is owned by a federally recognized Tribal Government, (iii) is owned by a homeowners association and used by the owners and/or occupants of the respective residential development in a manner incidental to residential occupancy or (iv) is zoned for use as open space. Section 7. The special tax shall be collected in the same manner, on the same dates, and shall be subject to the same penalties and interest as other charges and taxes fixed and collected by the County of Riverside on behalf of the City of Temecula. Said special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and said special tax, together with all penalties and interest thereon, shall until paid, constitute a personal obligation of the City of Temecula by the persons who own the parcel on the date the tax is due. All laws applicable to the levy, collection and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to the special tax, except for California Revenue and Taxation Code Section 4831. Section 8. The revenue raised by the special tax shall be placed in a special fund to be used only for the purposes of operating, maintaining and servicing public parks and recreational facilities, recreational and community services programs, median landscaping, arterial street lights and traffic signals throughout the City of Temecula and administrative expenses incurred by the City in connection therewith. Section 9. The special tax shall not be imposed upon a federal or state governmental agency or another local governmental agency or upon any parcel of property that is exempt from the special tax imposed by this ordinance pursuant to any provision of the Constitution or any paramount law. Section 10. The Director of Finance is hereby ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California before August 10, 2015, the property tax roll with the special tax enumerated for each parcel not exempt therefrom; and the County Auditor is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of such special tax as shown on that roll and to perform any and all duties necessary therefore. Section 11. If a property owner subject to the special tax challenges or questions the levy of the special tax against such property owners' property, such property owner must appeal the levy by filing an appeal with the City Clerk before 5:00 p.m. on December 1, 2015, pursuant to procedures established by the City. Section 12. If a property owner subject to the special tax believes that payment of the special tax for Fiscal Year 2015-16 would create a hardship for that property owner during that fiscal year, such property owner must appeal the levy by filing a hardship appeal with the City Clerk before 5:00 p.m. on December 1, 2015, pursuant to the procedures established by the City, in order to be considered under the hardship appeal program. Section 13. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provision of this Resolution are declared to be serverable. The City Council does hereby declare that it would have adopted this Resolution and each section, subsection, sentence, clause, phrases, parts or portions hereof are declared invalid or unconstitutional. Section 14. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of June, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl-Olson, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of June, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl-Olson, City Clerk Item No. 6 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: June 23, 2015 SUBJECT: Approve a Two -Year Agreement with Ellison Wilson Advocacy for State Lobbyist Services PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: That the City Council approve a two-year Agreement with Ellison Wilson Advocacy, in an annual amount of $42,000, for state lobbyist services. BACKGROUND: On June 11, 2013, the City Council approved a 2 -year contract for state lobbyist services with Ellison Wilson Advocacy for the term July 1, 2013 through June 30, 2015. At this time, based upon Ellison Wilson Advocacy's experience and understanding of state legislative concerns as they relate to the City of Temecula, and distinct influence and knowledge that preserves and represents the City's interests, it is the recommendation of staff that the City Council approve a new agreement for services with Ellison Wilson Advocacy for two years in order to allow them to remain committed to lobbying efforts on behalf of the City of Temecula. The fee for lobbyist services will remain unchanged for a total amount not to exceed $42,000 annually for the life of the agreement. FISCAL IMPACT: Appropriate funding has been budgeted within the City Manager Department's Operating Budget in the amount of $42,000 for Fiscal Year 2015-16. Adequate funds will be appropriated for Fiscal Year 2016-17. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND ELLISON WILSON ADVOCACY STATE LOBBYIST SERVICES THIS AGREEMENT is made and effective as of July 1, 2015, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Ellison Wilson Advocacy, a partnership (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2015, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2017, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty Two Thousand Dollars ($42,000) annually unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 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 portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant 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 Consultant'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 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. broad as: 00 01 11 85 or 88. Minimum Scope of Insurance. Coverage shall be at least as 1) Insurance Services Office Commercial General Liability form No. CG 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($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 Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 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: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Ellison Wilson Advocacy Brooks Ellison, Executive Director 1725 Capitol Avenue Sacramento, CA 95814 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses 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 Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula 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 Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 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 Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 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 Ellison Wilson Advocacy (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor Brooks Ellison, Executive Director ATTEST: By• By: Randi Johl-Olson, City Clerk [Name 1, [Print Title: APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Ellison Wilson Advocacy 1 Brooks Ellison, Executive Director 1725 Capitol Avenue Sacramento, CA 95814 916-448-2187 Lobby@ellisonwilson.com Acting PM Initials: Date: EL1_ BROOKS ELLISON Legislative Advocate Attorney at Law PATRICK WIIALEN Lenislativc Advocate Attorney at Law June 15, 2015 .ASIC t N WIELSON• ADVOCACY? ILC GOVERNMENTAL AFFAIRS - LEGISLATIVE ADVOCACY 1725 CAPITOL AVENUE SACRAMENTO, CALIFORNIA 95811 916-448-2187 - Fax 916-448-5346 lobby @ellisonwilson,com www.ellisonwilson.com Aaron Adams City Manager City of Temecula 41000 Main Street Temecula, California 92590 EXHIBIT A Tasks to be Performed BOB WILSON Attorney at Law Member. California State Senate (ret.) Member, California State Assembly (rer.) KIRK BLACKBURN Legislative Advocate Attorney at Law Rte: Contract Extension for Legislative Advocacy & Governmental Affairs Services Dear Aaron, It has been an honor and privilege to represent the City for over 14 years in a variety of capacities — both as legislative advocates for the City at the Capitol defending against costly legislation or proactively passing favorable legislation, as well as in other "governmental affairs" capacities, including assisting in the drafting and securing of grants and providing advice on legal and regulatory matters, amongst others. We agree to a new two year contract on the same terms and conditions as the current contract. We would provide these comprehensive governmental advocacy services for our current fee of $3500 per month. These fees have not changed since 2001, but due to the current economic conditions and our long association, we are willing to agree not to request an increase during the term of the proposed contract. Consistent with our existing contract, below we have included our scope of work: Ellison Wilson Advocacy, LLC (The FIRM) will develop strategies to successfully implement the City of Temecula's (CLIENT) legislative program. The FIRM will actively pursue grants and notify the CLIENT of other related opportunities with the potential to enhance revenues. The FIRM will maintain personal contact with committee chairs, Members and Legislative staff to anticipate legislation that could affect the CLIENT. The FIRM will represent the CLIENT in meetings or hearings with Senate or Assembly Members, the Governor's office, State Agencies, Boards, Commissions and other legislative bodies. The FIRM will research and provide information to the CLIENT on State laws or proposed legislation, legislative hearings, reports and testimony, State regulations and policies, funding 1 opportunities for proposed CLIENT projects and technical memoranda or reports impacting CLIENT operations. The FIRM will aggressively lobby on all issues directed by the CLIENT, including proactively searching for potential legislative vehicles relating to these issues and affecting the outcome of these matters. The FIRM will track all of the CLIENT'S legislation through policy and fiscal committees, on the floor of each house, in conference committee (if any), past enrollment and onto the Governor's desk. The FIRM will give the CLIENT advance notice, to the CLIENT'S satisfaction, of hearings or critical actions relating to those bills or issues in which the CLIENT has expressed an interest The FIRM will deliver letters, as directed by the CLIENT, to appropriate committees and members of the Legislature, as well as to executive departments and/or State officials. The FIRM will provide drafting of appropriate bill text and/or identification of appropriate legislative or administrative vehicles to carry out the CLIENT'S legislative goals. The FIRM will file, during the term of this Agreement, the quarterly reports of lobbyist/employer with the Secretary of State of State's Office as required by the Fair Political Practices Commission. Please advise if you need anything further in order to finalize the new contract. We look forward to continuing to represent the City of Temecula at the Capitol. Sincerely, Brooks Ellison 2 EXHIBIT B Payment Rates and Schedule Consultant will be paid $3,500 per month for the term of this contract. Item No. 7 Approvals City Attorney Finance Director City Manager Szer- CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: June 23, 2015 SUBJECT: Approve a Two -Year Agreement with David Turch and Associates for Federal Lobbyist Services PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: That the City Council approve a two-year Agreement with David Turch and Associates, in an annual amount of $42,000, for federal lobbyist services. BACKGROUND: On June 11, 2013, the City Council approved a 2 -year contract for federal lobbyist services with David Turch and Associates for the term July 1, 2013 through June 30, 2015. At this time, based upon David Turch and Associates' experience and understanding of federal legislative concerns as they relate to the City of Temecula, and distinct influence and knowledge that preserves and represents the City's interests, it is the recommendation of staff that the City Council approve a new agreement for services with David Turch and Associates for two years in order to allow them to remain committed to lobbying efforts on behalf of the City of Temecula. The fee for lobbyist services will remain unchanged for a total amount not to exceed $42,000 annually for the life of the agreement. FISCAL IMPACT: Appropriate funding has been budgeted within the City Manager Department's Operating Budget in the amount of $42,000 for Fiscal Year 2015-16. Adequate funds will be appropriated for Fiscal Year 2016-17. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND DAVID TURCH AND ASSOCIATES FEDERAL LOBBYIST SERVICES THIS AGREEMENT is made and effective as of July 1, 2015, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and David Turch dba David Turch and Associates, a sole proprietor (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2015, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2017, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty Two Thousand Dollars ($42,000) annually unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 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 portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant 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 Consultant'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 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. broad as: 00 01 11 85 or 88. Minimum Scope of Insurance. Coverage shall be at least as 1) Insurance Services Office Commercial General Liability form No. CG 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no Tess than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($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 Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 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: To Consultant: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 David Turch and Associates Mr. David Turch, CEO 517 2nd Street, Northwest Washington DC 20002 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses 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 Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula 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 Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 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 Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 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 DAVID TURCH AND ASSOCIATES (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor David Turch, CEO ATTEST: By: By: Randi Johl-Olson, City Clerk [Name 1. [Print Title: APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT David Turch and Associates 1 David Turch, CEO 517 2nd Street, Northwest Washington DC 20002 202-543-3744 david.turch@davidturch.com Acting PM Initials: Date: EXHIBIT A SCOPE OF WORK CONSULTANT shall perform the following services: • Advise and assist in the development and implementation of a strategic plan that meets the City's federal goals. • Advance the City's legislative interests and provide guidance through the complex federal legislative and regulatory processes. • Promote City programs and interests to the Congress and follow up with Members of Congress and their staffs on City's requests. • Plan, coordinate and execute legislative strategy to secure Congressional authorization and appropriations of funding that may become available. • Notify the City of Federal grant opportunities and troubleshoot with Federal agencies in the administration of grant awards. • Research and provide information and insight to the City on Federal laws or proposed legislation, committee hearings, reports and testimony, votes, and proposed regulations that may affect the City and its operations. • Plan, organize and staff any City lobbying trips to Washington, D.C. EXHIBIT B Payment Rates and Schedule Consultant will be paid $3,500 per month for the term of this contract. Item No. 8 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: June 23, 2015 SUBJECT: Approve Annual Renewal of Insurance Policies — Liability, Property, Automobile Physical Damage and Contractor's Equipment, Difference In Conditions (Earthquake and Flood), Excess Workers' Compensation, Crime, and Cyber Risk PREPARED BY: Roberto Cardenas, Fiscal Services Manager RECOMMENDATION: That the City Council: 1. Approve the insurance policy renewal for Liability insurance with Allied World Insurance Company (Allied World Assurance Group), in the amount of $140,101, for the period of July 1, 2015 to July 1, 2016; 2. Approve the insurance policy renewal for Property insurance with Zurich American Insurance Company, in the amount of $89,069, for the period of July 1, 2015 to July 1, 2016; 3. Approve the insurance policy renewal for Auto Physical Damage & Contractor's Equipment insurance with Hanover Insurance Company (Hanover Insurance Companies), in the amount of $7,495, for the period of July 1, 2015 to July 1, 2016; 4. Approve the insurance policy renewal for Difference In Conditions (Earthquake and Flood) insurance with Empire Indemnity Insurance Company (Zurich Group) with participation from Princeton Excess & Surplus Lines Insurance Company (Munich -American Holding Corporation), Lloyd's Syndicate 33, General Security Indemnity Company of Arizona, Ironshore Europe Limited (Ironshore Insurance Ltd.), Ironshore Insurance Ltd. (Ironshore Insurance Ltd.), Hudson Specialty Insurance Company (Fairfax Financial (USA) Group), in the amount of $200,645, for the period of July 1, 2015 to July 1, 2016; 5. Approve the insurance policy renewal for Excess Workers' Compensation insurance with New York Marine and General Insurance Company (ProSight Specialty Group), in the amount of $56,643, for the period of July 1, 2015 to July 1, 2016; 6. Approve the insurance policy for Crime insurance with Hanover Insurance Company (Hanover Insurance Companies), in the amount of $4,122, for the period of July 1, 2015 to July 1, 2016; 7. Approve the insurance policy for Cyber Risk insurance with Lloyd's of London, in the amount of $11,876, for the period of July 1, 2015 to July 1, 2016. BACKGROUND: In preparation for the July 1, 2015 expiration of the City's insurance policies, staff requested that the City's new insurance broker, Arthur J. Gallagher & Company (AJG) market the City's insurance program, including Liability, Property, Automobile Physical Damage & Contractor's Equipment, Difference In Conditions (Earthquake and Flood), Excess Workers' Compensation, Crime, and Cyber Risk. In response, AJG obtained proposals from various insurance carriers. After accounting for broker fees, the insurance premiums represent approximately $105,590 in premium reductions over the City's FY 2014/15 insurance premiums. The reduction in premiums, without a reduction in coverage, is the byproduct of improvements in the Property Insurance market as well as AJG's ability to negotiate lower premiums with their carriers. These insurance premiums are listed below by category and in order of responsiveness: Liability Insurance Carrier Premium Allied World Insurance Company (Allied World Assurance Group) $140,101 Travelers Property Casualty Company of America $176,021 Argonaut Insurance Company $177,315 The premium amount of $140,101 for Liability Insurance represents a $79,782 decrease over the previous policy. The preferred proposal submitted by Allied World Insurance Company provides coverage of $10 million per occurrence with a self-insured retention of $150,000. To ensure Allied World Insurance Company has sufficient financial capacity to provide the necessary policy limits to insure the City's risks, AJG utilized the services of A.M. Best to assess their financial strength and creditworthiness. A.M. Best assigned a Financial Strength Rating of "A" (Excellent) to Allied World Insurance Company based on their ability to meet their ongoing insurance policy and contractual obligations (after a comprehensive evaluation of their balance sheet strength, operating performance, and business profile). In addition, A.M. Best assigned Allied World Insurance Company a Financial Size Category of "XV" ($2 Billion or Greater) based on their policyholder's adjusted surplus. Property Insurance Carrier Premium Zurich American Insurance Company $89,069 Chubb Custom Insurance Company $81,376* Lexington Insurance Company $219,300 *Deductible of $25,000 rather than $10,000 The premium amount of $89,069 represents a $39,794 decrease over the previous policy. The preferred proposal submitted by Zurich American Insurance Company provides coverage with a $10,000 deductible. A.M. Best assigned Zurich American Insurance Company a Financial Strength Rating of "A+" (Superior) and a Financial Size Category of "XV" ($2 Billion or Greater) based on their policyholder's adjusted surplus. Auto Physical Damage & Contractor's Equipment Carrier Premium Hanover Insurance Company (Hanover Insurance Companies) $7,495 Travelers Property Casualty Company of America 11,643 Alterra Excess & Surplus Insurance Company Declined The City's low self-insured retention/deductible requirement did not fit many carriers' underwriting guidelines; therefore the City's broker solicited a limited number of carriers. The premium amount of $7,495 represents a $3,669 decrease over the previous policy. The preferred proposal submitted by Hanover Insurance Company provides coverage with a $5,000 deductible. A.M. Best assigned Hanover Insurance Company a Financial Strength Rating of "A" (Excellent) and a Financial Size Category of "XV" ($2 Billion or Greater) based on their policyholder's adjusted surplus. Difference In Conditions: Earthquake and Flood Carrier Premium Empire Indemnity Insurance Company (Zurich Group) with participation from Princeton Excess & Surplus Lines Insurance Company (Munich -American Holding Corporation), Lloyd's Syndicate 33, General Security Indemnity Company of Arizona, Ironshore Europe Limited (Ironshore Insurance Ltd.), Ironshore Insurance Ltd. (Ironshore Insurance Ltd.), Hudson Specialty Insurance Company (Fairfax Financial (USA) Group) $200,645 In an effort to obtain the required Difference In Conditions (Earthquake and Flood) insurance limits for the City, the City's insurance broker structured a package that included participation from multiple carriers. The premium amount of $200,645 represents a $44,197 decrease over the previous policy. The preferred proposal submitted by Empire Indemnity Insurance Company, et al. includes a minimum earthquake deductible of $50,000 and a deductible for all other perils of $25,000. A.M. Best assigned Empire Indemnity Insurance Company, et al. a Financial Strength Rating of "A" (Excellent) and a Financial Size Category of "XV" ($2 Billion or Greater) based on their policyholder's adjusted surplus. Excess Workers' Compensation Insurance Carrier Premium New York Marine and General Insurance Company (ProSight Specialty Group) $56,643 Arch Insurance Company Declined to Quote Ace American Insurance Company Declined to Quote As a cost saving measure, in 2014 the City incorporated a $500,000 Self -Insured Retention into the City's Workers' Compensation insurance program. Therefore, rather than the City's insurance carrier covering the costs of employee related work injuries from the first dollar of loss, the City self -insures for the first $500,000 of each occurrence, with the insurance policy covering costs in excess of $500,000. The premium amount of $56,643 represents a $1,641 increase over the previous policy. A.M. Best assigned New York Marine and General Insurance Company a Financial Strength Rating of "A" (Excellent) and a Financial Size Category of "IX" ($250 Million to $500 Million) based on their policyholder's adjusted surplus. Crime Insurance Carrier Premium Hanover Insurance Company (Hanover Insurance Companies) $4,122 Travelers Property Casualty Company of America $5,520 The City's low self-insured retention/deductible requirement did not fit many carriers' underwriting guidelines; therefore the City's broker solicited a limited number of carriers. The premium amount of $4,122 represents a $1,665 decrease over the previous policy. The preferred proposal submitted by Hanover Insurance Company provides coverage with a $10,000 deductible. In addition, the Crime insurance policy includes coverage for City Officials including, but not limited to, the City Manager, City Clerk, Finance Director, and City Treasurer. A.M. Best assigned Hanover Insurance Company a Financial Strength Rating of "A" (Excellent) and a Financial Size Category of "XV" ($2 Billion or Greater) based on their policyholder's adjusted surplus. Cyber Insurance Carrier Premium Lloyd's of London $11,876 To protect the City against Internet -based risks, and more generally from risks relating to information technology infrastructure and activities (such as data destruction, extortion, theft, and hacking) the City opted to purchase Cyber Insurance. The City's low self-insured retention/deductible requirement did not fit many carriers' underwriting guidelines; therefore the City's broker solicited a limited number of carriers. The proposal submitted by Lloyd's of London provides coverage with a $15,000 deductible. A.M. Best assigned Lloyd's of London a Financial Strength Rating of "A" (Excellent) and a Financial Size Category of "XV" ($2 Billion or Greater) based on their policyholder's adjusted surplus. FISCAL IMPACT: No additional appropriation is requested, as adequate funds are available within the current budget. ATTACHMENTS: Insurance Proposal Prepared for City of Temecula Insurance Proposal CITY OF TEMECULA Prepared For 41000 Main Street Temecula, CA 92590 Presented: May 26, 2015 © 2015 Arthur J. Gallagher & Co. Susan Blankenburg Area Senior Vice President Mary Chiu Area Vice President Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. License Number - 0726293 1255 Battery Street #450 San Francisco, CA 94111 Susan Blankenburq@AJG.com Mary Chiu@AJG.com www.ajg.com City of Temecula Table of Contents Our Team and Commitment 3 Service Team 4 Your Program 5 Named Insured 6 Marketplace Review 7 Program Details 9 General Liability - Travelers Property Casualty Co of America 9 Umbrella - Travelers Indemnity Company 14 Law Enforcement Liability - The Travelers Indemnity Company of CT 17 Public Entity Management Liability - The Travelers Indemnity Company of CT 19 Public Entity Employment -Related Practices Liability - The Travelers Indemnity Company of CT 21 Business Auto - The Travelers Indemnity Company of CT 24 Auto Physical Damage - The Travelers Indemnity Company of CT 28 Property - Travelers Property Casualty Co of America 30 Inland Marine - Travelers Property Casualty Co of America 36 Liability - Allied World Insurance Company 39 Excess Liability -Argonaut Insurance Company 44 Property including EQSL, and Equipment Breakdown - Zurich American Insurance Company 47 Property, Earthquake, EQSL, Flood - Lexington Insurance Company 52 Equipment Breakdown - Zurich 57 Difference In Condition - Empire Indemnity Insurance Company 59 Difference In Condition - $25M xs $10M - Princeton Excess & Surplus Lines Ins Co, (More) 63 Crime - Travelers Casualty and Surety Co of America 68 Crime - Hanover Insurance Company 70 Contractors Equipment Including Auto Physical Damage - Hanover Insurance Company 73 Excess Workers Compensation - New York Marine And General Insurance Co 78 Executive — Cyber & Internet Liability — Certain Underwriters at Lloyds, London 80 Premium Summary 83 Payment Plans 88 Changes / Developments 90 Proposal Disclosures 91 Proposal Disclosures 92 Insurance Company Ratings and Admitted Status 94 Client Signature Requirements 96 Surplus Lines Notice - California 97 Client Authorization to Bind Coverage 99 Appendix 103 Claims Reporting By Policy 104 Bindable Quotations & Compensation Disclosure Schedule 106 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 2 Our Team City of Temecula Service Team Susan Blankenburg has primary service responsibility for your company. We operate using a team approach. Your Service Team consists of: NAME / TITLE PHONE / ALT. PHONE EMAIL ROLE Susan Blankenburg Producer Lead 415-536-8417 Susan_Blankenburg@AJG.com Producer Mary Chiu Area Vice President 415-536-8418 Mary_Chiu@ajg.com Account Executive Loann Le Area Vice President 415-536-8419 Loann Le a com — @ Jg' Account Executive Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. Main Office Phone Number: (415) 546-9300 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 4 City of Temecula Your Program City of Temecula Named Insured NAMED INSURED LINE OF COVERAGE City of Temecula All Lines of Coverage included in this proposal Note: Any entity not named in this proposal may not be an insured entity. This may include partnerships and joint ventures. Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 6 City of Temecula Market Review We approached the following carriers in an effort to provide the most comprehensive and cost effective insurance program. INSURANCE COMPANY Travelers Property Casualty Co of America LINE OF COVERAGE RESPONSE Viable Option General Liability Travelers Indemnity Company Umbrella Viable Option The Travelers Indemnity Company of CT Law Enforcement Liability (optional) Public Entity Management Liability Public Entity Employment -Related Practices Liability Business Auto Auto Physical Damage Viable Option Travelers Property Casualty Co of America Property Inland Marine Viable Option Allied World Insurance Company Liability Recommended Quote Argonaut Insurance Company Liability Quoted at $250k SIR Zurich American Insurance Company Property including EQSL, and Equipment Breakdown Recommended standalone Property Option Lexington Insurance Company Property, Earthquake, EQSL, Flood Viable Option Hartford Property Declined to quote — Could not provide a competitive price National Union Property Declined to quote — Could not compete with the rate AXIS Property Declined to quote — Provided an indication that was at least double Zurich American Insurance Company Equipment Breakdown Recommended Quote with Lexington Property option CNA Equipment Breakdown Viable Option Empire Indemnity Insurance Company Difference In Condition Recommended Quote Princeton Excess & Surplus Lines Ins Co Lloyd's Syndicate 33 General Security Indemnity Co of Arizona Ironshore Europe Limited Ironshore Insurance Ltd. Hudson Specialty Insurance Company Difference In Condition $25MM xs $10MM Recommended Quote Travelers Casualty and Surety Co of America Crime Viable Option Hanover Insurance Company Crime Recommended Quote Alterra Auto Physical Damage Declined - Minimum Deductible $25,000 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 7 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Market Review (Cont.) INSURANCE COMPANY LINE OF COVERAGE RESPONSE Hanover Insurance Company Auto Physical Damage including Contractors/Mobile Equipment Recommended Quote New York Marine And General Insurance Co Arch ACE Excess Workers Compensation Excess Workers Compensation Recommended Quote Declined to quote - Cannot do CA Statutory Limits Excess Workers Compensation Declined to quote - $1 MM min. SIR & $200,000 min. premium Lloyds Executive — Cyber & Internet Liability Options for $1,000,000 & $2,000,000 *The premium indicated is an estimate provided by the market. The actual premium and acceptance of the coverage requested will be determined by the market after a thorough review of the completed application. 8 City of Temecula Program Details Coverage: General Liability Carrier: Travelers Property Casualty Co of America Policy Period: 7/1/2015 to 7/1/2016 COVERAGE FORM TYPE General Liability Employee Benefits Liability Occurrence Claims Made DESCRIPTION LIMIT General Aggregate Limit $2,000,000 Products Completed Operations Aggregate Limit Personal and Advertising Injury Liability Any One Person or Organization Limit Each Occurrence Limit Damage to Premises Rented to You Limit (Any One Premises) Sewage Back Up $2,000,000 $1,000,000 $1,000,000 $300,000 $1,000,000 Failure To Supply Sublimit Abuse or Molestation Aggregate Limit $1,000,000 $2,000,000 Each Abuse or Molestation Offense Limit $1,000,000 Employee Benefits Liability: Each Employee Limit $1,000,000 Employee Benefits Liability: Aggregate Limit $3,000,000 Deductibles/SIR: COVERAGE AMOUNT Each Occurrence Retention - Loss & Loss Expense Personal & Advertising Injury Each Person or Organization - Loss & Loss Expense $150,000 $150,000 Each Abuse or Molestation Offense Retention - Loss & Loss Expense Employee Benefits Liability - Each Employee Retention - Loss & Loss Expense $150,000 $150,000 Any Other Continuity or Specific Dates/Limits applicable to the Claims -Made Conditions: COVERAGE CONTINUITY DATE LIMITS CONDITIONS Employee Benefits Liability Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 9 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Claims Made Coverage: Should you elect to change carriers (if a new retro -active date is provided) or non -renew this policy, a supplemental extended reporting endorsement may be available subject to policy terms and conditions. You must request the extended reporting period in writing to the carrier within ([Days To Extend]) days of the expiration date. The cost of this extended reporting period is [Percent Cost]% of the annual premium and is fully earned. The extended reporting period extends only to those claims that occurred prior to the expiration date and would have been covered by the policy. Claims must be reported to the carrier within ([Days To Report]) days of the end of the policy period. The extended reporting period does not increase the limits of liability and is subject to all policy terms, conditions and exclusions. Definition of Claim: DESCRIPTION Refer to attached policy form Incident or Claim Reporting Provision: DESCRIPTION Refer to attached policy form Extended Reporting Period (ERP) Options*: DESCRIPTION PREMIUM AMOUNT PREMIUM DUE DATE LENGTH Refer to attached policy form *If ERP coverage is desired, then that request must be in writing to the carrier. DESCRIPTION LIMIT Owned Watercraft Non -Owned Watercraft Endorsements include, but are not limited to: Less Than 25 Feet 75 Feet Long or Less DESCRIPTION Amendment of Coverage B - Personal & Advertising Injury Amendment - Pollution Exclusion Public Entity extend Limited Abuse or Molestation Liability Mobile Equipment Redefined - Public Entities Cap on Certified Acts of Terrorism Products/Completed Operations Hazard Redefined 10 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Exclusions include, but are not limited to: COVERAGE TYPE DESCRIPTION General Liability Failure To Supply — Exclusion General Liability Employers Liability Exclusion General Liability Employment -Related Practices Exclusion General Liability Asbestos General Liability Injury to Volunteer Firefighters General Liability Law Enforcement Activities Or Operations General Liability Medical Payments Exclusion General Liability Employees And Volunteer Workers As Insureds For Certain Bodily Injury, Personal Injury And Property Damage General Liability Unsolicited Communications General Liability War General Liability Public Use Of Private Property General Liability Fungi or Bacteria General Liability Discrimination General Liability Professional Health Care Services - Public Entities General Liability Exclusion - Consumer Financial Protection Laws General Liability Bodily Injury and Property Damage from pollutants - Absolute Exclusion General Liability Losses arising from the ownership maintenance or use of aircraft, autos, or watercraft, with some minor exceptions including certain contractual obligations General Liability Liquor Liability Exclusion General Liability Aircraft Products Exclusion General Liability Professional Liability Exclusion General Liability Real Property in Your Care, Custody, and Control Exclusion General Liability Absolute Asbestos Exclusion General Liability Absolute Lead Exclusion General Liability Nuclear Hazard General Liability Date Related Losses General Liability Mold / Fungus EBL Dishonest, fraudulent, criminal or malicious act or omission EBL Bodily Injury or Property Damage or Personal Injury EBL Failure of performance of contract EBL Failure of any investment to perform as represented by you EBL Failure to comply with mandatory provisions of any law conceming Workers Compensation, unemployment insurance, social security or disability benefits EBL Wrongful termination of an employee 11 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Exclusions include, but are not limited to: COVERAGE TYPE DESCRIPTION EBL EBL Binding Requirements: Coercion, demotion, reassignment, discipline or harassment of an employee Discrimination against an employee DESCRIPTION Subject to Signed Account Premium Summary & Provisional Bill Other Significant Terms and Conditions/Restrictions: DESCRIPTION This coverage is designed to cover the premises and operations exposures of the named insured. It covers amounts any insured is legally required to pay as damages for covered injury or damage that results from an occurrence, including: - Reasonable Force Property Damage - Good Samaritan Services Coverage - Host Liquor - Unintentional Omission - Aircraft Chartered With Pilot - Increased Supplementary Payments - Contractual Liability - Railroads - Knowledge and Notice of Occurrence or Offense - Blanket Waiver of Subrogation Bodily Injury and Property Damage Pollution Coverage for: - Pesticide/herbicide application - Application of chlorine, sodium hypochlorite or any other chemical used in sewage/water treatment or swimming pools - Hostile fire heat, fumes or smoke - Mobile equipment operating fluids - Fire fighting or emergency response services Who is an Insured: - Public Entity - Elected or Appointed Officials - Board Members - Employees and Volunteer Workers - Owners, Managers or Lessors of Premises - Lessors of Equipment - Watercraft Users Coverage for sewage back up, if applicable, is for negligent acts only. Your Law Enforcement Activities or Operations, including jail premises, are excluded. Coverage may be available under Law Enforcement Liability agreement. Employment-related practices are excluded. Coverage may be available under your Employment -Related Practices Liability - Claims -Made agreement. Fellow employee injury is excluded, unless otherwise indicated on the previous page. 12 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Other Significant Terms and Conditions/Restrictions: DESCRIPTION Taking of private property for public use (eminent domain), diminution in value, and inverse condemnation are excluded. Employee Benefits Liability - Retroactive Date: None Employee Benefits Liability: Who is an Insured: Public Entity and Employees. Special Claim Handling Conditions. Terrorism Risk Insurance Act Disclosure - All other coverages subject to TRIA 1% of the applicable premium Employee Benefit Plans Liability Premium - $101 is Included in General Liability Premium. As Broker/Agent you will be responsible for being aware of and complying with the various legal requirements associated with countersignature in various jurisdictions covered in the policies. Important Notice Regarding Compensation Disclosure Premium $82,305.00 ESTIMATED PROGRAM COST $82,305.00 TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) INCLUDED 13 City of Temecula Program Details Coverage: Umbrella Carrier: Travelers Indemnity Company Policy Period: 7/1/2015 to 7/1/2016 Form Type: COVERAGE FORM TYPE RETROACTIVE DATE PENDING & PRIOR LITIGATION DATE Umbrella Occurrence Not Applicable Not Applicable DESCRIPTION LIMIT General Aggregate Limit $9,000,000 Products / Completed Operations Aggregate Limit $9,000,000 Personal and Advertising Injury Any One Person or Organization Limit $9,000,000 Each Occurrence Limit $9,000,000 Deductibles/SIR: COVERAGE AMOUNT Retained Limit Any One Occurrence or Offense Endorsements include, but are not limited to: $10,000 DESCRIPTION Amendment of Coverage B - Personal & Advertising Injury Amendment of Who is an Insured Products/Completed Operations Hazard Redefined Cap on Losses from Certified Acts of Terrorism Crisis Management Services Expenses Excess Limited Abuse or Molestation Coverage Amendment of Contractual Liability Exclusion Amendment Of Watercraft Or Aircraft Exclusion Amendment of Damage to Property Exclusion Amendment of Damage To Your Work Exclusion Amendment Pollution Exclusion Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 14 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Exclusions include, but are not limited to: DESCRIPTION Workers Compensation, Auto No Fault, Uninsured/ Underinsured Motorists, Disability, and Unemployment Compensation Laws Pollution (Hostile Fire Exception) Asbestos Physical Damage to Property in Insured's Care, Custody, or Control Auto First -party Coverage Pollution (Auto) Products Recall Date Related Losses Employment Related Practices Exclusion Total Pollution Exclusion Professional Liability Exclusion Retained Limit Fungi or Bacteria Exclusion War Exclusion Public Use Of Private Property Exclusion Professional Health Care Services Limited Following Form - Public Entities Injury To Volunteer Firefighters Exclusion - Limited Following Form Unsolicited Communications Discrimination Exclusion - Consumer Financial Protection Laws Total Exclusion - Failure to Supply Sewage Back Up and Failure To Supply are excluded. Binding Requirements: DESCRIPTION Subject to Signed Account Premium Summary & Provisional Bill 15 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Other Significant Terms and Conditions/Restrictions: DESCRIPTION Coverage is provided over the following: - Automobile Liability - General Aggregate - General Liability - Employee Benefit Plans Liability - Law Enforcement Liability - Public Entity Management Liability - Employment -Related Practices Liability - Employers Liability This coverage is designed to provide excess limits above primary coverage for bodily injury, property damage, personal and advertising injury that results from a catastrophic event. "Drop down" coverage responds to a reduction in the available primary insurance limit as a result of an impaired each event limit and replaces the primary insurance should the underlying total limit be exhausted. Coverage is on a broader than primary basis. Who is an Insured: - Follows the primary. Retained Limit Any One Occurrence or Offense applies only to losses covered by the Umbrella Excess but not covered under the primary Terrorism Risk Insurance Act Disclosure - All other coverages subject to TRIA 1% of the applicable premium As Broker/Agent you will be responsible for being aware of and complying with the various legal requirements associated with countersignature in various jurisdictions covered in the policies. Important Notice Regarding Compensation Disclosure Premium $38,224.00 ESTIMATED PROGRAM COST $38,224.00 TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: INCLUDED 16 City of Temecula Program Details Coverage: Law Enforcement Liability Carrier: The Travelers Indemnity Company of CT Policy Period: 7/1/2015 to 7/1/2016 Form Number: Form Type: COVERAGE FORM TYPE RETROACTIVE DATE PENDING & PRIOR LITIGATION DATE LLaw Enforcement Liability Occurrence Coverage: Not Applicable Not Applicable DESCRIPTION LIMIT BASIS Aggregate Limit Each Wrongful Act Limit $1,000,000 $1,000,000 Deductibles/SIR: COVERAGE AMOUNT SIR - Each Wrongful Act Retention - Damages and Defense Expenses Additional Coverage: $150,000 DESCRIPTION LIMIT BASIS Additional Supplementary Payment -Personal property of others Endorsements include, but are not limited to: $25,000 DESCRIPTION Cap On Losses From Certified Acts of Terrorism Exclusions include, but are not limited to: DESCRIPTION Fungi or Bacteria Exclusion Employment-related practices excluded Injury to employees and volunteer workers excluded Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 17 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Binding Requirements: DESCRIPTION Subject to Signed Account Premium Summary & Provisional Bill Other Significant Terms and Conditions/Restrictions: DESCRIPTION Features & Benefits This coverage is designed to cover the premises and operations exposures and the professional liability of law enforcement agencies, including jail operations. It covers amounts any insured is legally required to pay as damages for covered bodily injury, property damage or personal injury that results from the conduct of law enforcement activities or operations of your law enforcement agency and is caused by a wrongful act. Wrongful act is defined as any act, error or omission. Includes coverage for the following: • Bodily Injury, Personal Injury and Property Damage • Handling and treatment of corpses and dispensing of medication • Injury due to the use of mace, pepper spray or tear gas • Mental Anguish, Emotional Distress, Humiliation • Violation of Civil Rights protected under any federal, state or local law • Authorized Moonlighting • Canine & Equine Exposures • False Arrest, Detention or Imprisonment • False or Improper Service of Process • Mutual Aid Agreements Other: - Pay on behalf of basis (Deductible Options Only). - Duty to defend claims and suits even if allegations are groundless, false, or fraudulent (Deductible Options Only). - All claims involving use of an auto are subject to the automobile insuring agreement Terrorism Risk Insurance Act Disclosure - 1% of the applicable premium Premium $3,715.00 ESTIMATED PROGRAM COST $3,715.00 TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) INCLUDED 18 City of Temecula Program Details Coverage: Public Entity Management Liability Carrier: The Travelers Indemnity Company of CT Policy Period: 7/1/2015 to 7/1/2016 Form Number: Form Type: COVERAGE FORM TYPE RETROACTIVE DATE PENDING & PRIOR LITIGATION DATE Public Entity Management Liability Coverage: Occurrence Not Applicable Not Applicable DESCRIPTION LIMIT BASIS Total Limit Each Wrongful Act Limit Deductibles/SIR: $1,000,000 $1,000,000 COVERAGE AMOUNT SIR - Each Wrongful Act Retention - Damages and Defense Expenses Endorsements include, but are not limited to: $150,000 DESCRIPTION Cap On Losses From Certified Acts of Terrorism Amendment of Coverage - Designated Boards Exclusions include, but are not limited to: DESCRIPTION Airport Health Care Facilities: Clinics Health Care Facilities: Hospital Health Care Facilities: Blood Banks Health Care Facilities: Nursing Homes Health Care Facilities: Rehabilitation Facilities Port Authorities Transit Authorities Gas Utilities Arthur'. Gallagher & Co. Insurance Brokers of CA., Inc. 19 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Exclusions include, but are not limited to: DESCRIPTION Electric Utilities Schools or School Districts Joint Powers Professional health care services and law enforcement activities or operations exclusions apply Taking of private property for public use or benefit (eminent domain), diminution in value, & inverse condemnation are excluded. Binding Requirements: DESCRIPTION Subject to Signed Account Premium Summary & Provisional Bill Other Significant Terms and Conditions/Restrictions: DESCRIPTION Features and Benefits: This coverage is designed to cover damages (other than bodily injury, personal injury, advertising injury or property damage) any insured is legally required to pay for covered loss that results from the conduct of duties by or for a public entity or its boards and is caused by a wrongful act. Wrongful act is defined as any act, error or omission. However, employment-related practices are not covered. Other: - Pay on behalf of basis, (Deductible options only). - Duty to defend claims and suits even if allegations are groundless, false, or fraudulent - No exclusion for Architects, Engineers or Lawyers Terrorism Risk Insurance Act Disclosure - 1% of the applicable premium Premium $18,111.00 ESTIMATED PROGRAM COST TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) $18,111.00 INCLUDED 20 City of Temecula Program Details Coverage: Public Entity Employment -Related Practices Liability Carrier: The Travelers Indemnity Company of CT Policy Period: 7/1/2015 to 7/1/2016 Form Number: Form Type: COVERAGE FORM TYPE RETROACTIVE DATE PENDING & PRIOR LITIGATION DATE Public Entity Employment - Related Practices Liability Occurrence Coverage: Not Applicable Not Applicable DESCRIPTION LIMIT BASIS Total Limit $1,000,000 Each Wrongful Employment Practice Offense Limit $1,000,000 Deductibles/SIR: COVERAGE AMOUNT SIR- Each Wrongful Employment Practice Offense Retention - Damages and Defense Expenses Endorsements include, but are not limited to: $150,000 DESCRIPTION Cap On Losses From Certified Acts of Terrorism Amendment of Coverage- Designated Boards, Commissions, or Governmental Units or Departments Exclusions include, but are not limited to: DESCRIPTION Airport Health Care Facilities: Clinics Health Care Facilities: Hospital Health Care Facilities: Blood Banks Health Care Facilities: Nursing Homes Health Care Facilities:Rehabilitation Facilities Port Authorities Transit Authorities Arthur" Gallagher & Co. Insurance Brokers of CA., Inc. -1111 21 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Exclusions include, but are not limited to: DESCRIPTION Gas Utilities Electric Utilities Schools or School Districts Joint Powers Injunctive and other non -monetary relief costs are excluded Defense Limitations: Defense Limitation: Applies Defense Cost Type: Other Defense Cost Limits: within the limits of insurance Binding Requirements: DESCRIPTION Subject to Signed Account Premium Summary & Provisional Bill Other Significant Terms and Conditions/Restrictions: DESCRIPTION Features and Benefits: This coverage is designed to cover damages (other than bodily injury or property damage) any insured is legally required to pay for covered employment loss that results from a wrongful employment practice offense. Wrongful employment practice offense is defined to include discrimination; wrongful termination; harassment; retaliatory action; wrongful discipline; wrongful hiring, supervision, demotion, or failure to promote; and employment-related misrepresentation, defamation, libel, slander, disparagement, and invasion of privacy. Other: - Pay on behalf of basis (Deductible options only). - Duty to defend claims or suits even if allegations are groundless, false, or fraudulent - Duty to defend suits that are governmental administrative hearings seeking injunctive relief, such as EEOC proceedings - Defense expenses are payable within the limits of insurance. Damages include attorneys' fees of the person making or bringing the claim or suit if the insured is legally required to pay them under the law which was violated. Terrorism Risk Insurance Act Disclosure - 1% of the applicable premium 22 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Premium $13,995.00 ESTIMATED PROGRAM COST $13,995.00 TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) INCLUDED 23 City of Temecula Program Details Coverage: Business Auto Carrier: The Travelers Indemnity Company of CT Policy Period: 7/1/2015 to 7/1/2016 Coverage: DESCRIPTION LIMIT COVERED AUTOS Liability Deductibles/SIR: $1,000,000 1 COVERAGE AMOUNT SIR - Self Insured Retention Each Accident - Liability - Loss and Loss Expense Covered Autos: $150,000 SYMBOL SYMBOL NAME DESCRIPTION OF COVERED DESIGNATION SYMBOLS 1 Any Auto Can only be used for Liability insurance. Its use provides coverage for any auto with which the insured has contact, including owned and non -owned, hired vehicles, and newly acquired vehicles. It includes coverage for non - owned auto, no-fault insurance, uninsured motorists, or physical damage insurance 2 Owned Autos Only Only those autos you own (and for Liability Coverage any trailers you don't own while attached to power units you own). This includes those autos you acquire ownership of after the policy begins. 3 Owned Private Passenger Autos Only Only the private passenger autos you own. This includes those private passenger autos you acquire ownership of after the policy begins. 4 Owned Autos Other Than Private Passenger Autos Only Only those autos you own that are not of the private passenger type (and for Liability Coverage any trailers you don't own while attached to power units you own). This includes those autos not of the private passenger type you acquire ownership of after the policy begins. 5 Owned Autos Subject To No -Fault Only those autos you own that are required to have No -Fault benefits in the state where they are licensed or principally garaged. This includes those autos you acquire ownership of after the policy begins provided they are required to have No -Fault benefits in the state where they are licensed or principally garaged. 6 Owned Autos Subject To A Compulsory Uninsured Motorists Law Only those autos you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those autos you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists' requirement. 7 Specifically Described Autos Only those autos described in Item Three of the Declarations for which a premium charge is shown (and for Liability Coverage any trailers you don't own while attached to any power unit described in Item Three). Arthur'. Gallagher & Co. Insurance Brokers of CA., Inc. 24 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Covered Autos: SYMBOL SYMBOL NAME DESCRIPTION OF COVERED DESIGNATION SYMBOLS 8 Hired Autos Only 9 Nonowned Autos Only 19 Only those autos you lease, hire, rent or borrow. This does not include any auto you lease, hire, rent, or borrow from any of your employees, partners (if you are a partnership), members (if you are a limited liability company) or members of their households. Only those autos you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes autos owned by your employees, partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. Mobile Equipment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insurance Law Only Only those autos that are land vehicles and that would qualify under the definition of mobile equipment under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. DESCRIPTION LIMIT Auto Liability coverage if written is extended to provide:: - Bail Bonds - Insureds Expenses Endorsements include, but are not limited to: $3,000 $500 A Day DESCRIPTION The Following Endorsements Apply: - Professional Services Not Covered - Amendment of Bodily Injury Definition - Public Entity - Changes in Physical Damage Coverages - Agreed Value - Public Entity Auto Extension - Public Transportation Autos Exclusions include, but are not limited to: DESCRIPTION Excluded Drivers Expected or Intended Injury Contractual - added back as noted Workers' Compensation Employers Liability Property Damage to Property Owned or Transported by you Pollution Other standard policy exclusions apply Terrorism Emergency Vehicles - Volunteer Firefighters' & Workers' Injuries Excluded 25 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Binding Requirements: DESCRIPTION Subject to Sign Account Premium Summery and Provisional Bill Subject to Receipt Signed Uninsured/Underinsured Selection/Rejection Form Subject to Receipt Complete drivers list with driver name, date of birth, and license number Other Significant Terms and Conditions/Restrictions: DESCRIPTION Auto Liability coverage if written is extended to provide:: - Transit Rodeo - Expected or Intended Injury if Protecting a Person or Property - Blanket Waiver or Subrogation - Unintentional Errors or Omissions Composite Rate - Liability $210 Terrorism Risk Insurance Act Disclosure - All other coverages subject to TRIA If the signed forms are not received at time of binding, the policy will be issued with UM/UIM limit equal to the auto liability limit. When the signed forms are received, the policy will be endorsed to amend the limit, if necessary, effective the date the signed forms are received As Broker/Agent you will be responsible for being aware of and complying with the various legal requirements associated with countersignature in various jurisdictions covered in the policies Important Notice Regarding Compensation Disclosure Special Claim Handling Conditions Auto Disclaimer: Commercial Auto policies utilize a set of coverage symbols to stipulate a category of covered autos. One or more symbols are assigned to each coverage purchased indicating which autos that coverage applies to. Please refer to your policy and make certain that you read and understand the various auto symbols and associated descriptions. Specific symbols may apply to either a particular kind of vehicle or the vehicle's ownership status. The symbols could also differ depending upon whether the coverage is for liability or physical damage. Also, in certain circumstances, an insurance company may agree to provide coverage for an auto scenario that is not described in the auto symbols. When this occurs, a unique symbol and related description is used. If you have any questions regarding the auto symbols or associated descriptions contained in your policy, please contact us. Premium $19,671.00 ESTIMATED PROGRAM COST $19,671.00 TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: Composite Rated INCLUDED 26 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Auditable Exposures: DESCRIPTION EXPOSURE Number of autos, excluding trailers: 109 Number of trailers 41 27 City of Temecula Program Details Coverage: Auto Physical Damage Carrier: The Travelers Indemnity Company of CT Policy Period: 7/1/2015 to 7/1/2016 Coverage: DESCRIPTION LIMIT COVERED AUTOS Comprehensive & Collision coverage - Scheduled Autos $2,686,893 / Agreed Amount (Valuation) Deductibles/SIR: 7 COVERAGE AMOUNT Deductibles shown below apply to each covered auto: - Scheduled Autos $ 2,000 - 2006 El Dorado Bus - #13455 $ 3,000 DESCRIPTION LIMIT Auto Physical Damage coverage if written is extended to provide: - Airbags $1,000 - Personal Property - Transportation Expenses $400 - Hired Auto Physical Damage $50 A Day / $1,500 Maximum Loss of Use $65 A Day/$750 Maximum Endorsements include, but are not limited to: DESCRIPTION The Following Endorsements Apply: - Professional Services Not Covered - Amendment of Bodily Injury Definition - Public Entity - Changes in Physical Damage Coverages - Agreed Value - Public Entity Auto Extension - Public Transportation Autos Exclusions include, but are not limited to: DESCRIPTION Excluded Drivers Expected or Intended Injury Contractual - added back as noted Workers' Compensation Employers Liability Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 28 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Exclusions include, but are not limited to: DESCRIPTION Property Damage to Property Owned or Transported by you Pollution Other standard policy exclusions apply Terrorism Emergency Vehicles - Volunteer Firefighters' & Workers' Injuries Excluded Binding Requirements: DESCRIPTION Subject to Receipt Account Premium Summary & Provisional Bill Subject to Receipt Signed Uninsured/Underinsured Selection/Rejection Form Subject to Receipt Complete drivers list with driver name, date of birth, and license number Other Significant Terms and Conditions/Restrictions: DESCRIPTION Auto Physical Damage coverage if written is extended to provide: - Waiver of Deductible - Repaired Glass Only - Freezing of Fire Truck Equipment - Customized Equipment for Emergency Vehicles and Public Transportation Autos Comprehensive $0.217, Collision $0.200 Special Claim Handling Conditions Terrorism Risk Insurance Act Disclosure - 1% of the applicable premium As Broker/Agent you will be responsible for being aware of and complying with the various legal requirements associated with countersignature in various jurisdictions covered in the policies. Auto Disclaimer: Commercial Auto policies utilize a set of coverage symbols to stipulate a category of covered autos. One or more symbols are assigned to each coverage purchased indicating which autos that coverage applies to. Please refer to your policy and make certain that you read and understand the various auto symbols and associated descriptions. Specific symbols may apply to either a particular kind of vehicle or the vehicle's ownership status. The symbols could also differ depending upon whether the coverage is for liability or physical damage. Also, in certain circumstances, an insurance company may agree to provide coverage for an auto scenario that is not described in the auto symbols. When this occurs, a unique symbol and related description is used. If you have any questions regarding the auto symbols or associated descriptions contained in your policy, please contact us. Premium $11,643.00 ESTIMATED PROGRAM COST $11,643.00 TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: Composite Rated INCLUDED 29 City of Temecula Program Details Coverage: Property Carrier: Travelers Property Casualty Co of America Policy Period: 7/1/2015 to 7/1/2016 LINE OF COVERAGE LOCATION ADDRESS Property IPer the attached schedule The following is a general summary of the Insuring Agreement. Refer to actual policy form for complete terms and conditions. Coinsurance or Agreed Amount: DESCRIPTION AGREED AMOUNT COINSURANCE % Building & Your Business Personal Property N/A Business Income N/A 50 % Coverage: DESCRIPTION LIMIT BASIS Building & Your Business Personal Property $153,835,319 Deluxe Business Income Coverage Form (And Extra Expense) - Described Premises $1,750,900 Prem/Bldg# All/All - Business Income Rental Value Included - Business Income Ordinary Payroll Included Cause of Loss - Earthquake Sprinkler Leakage - Annual Aggregate Limit $2,000,000 All Bldgs Deductibles/SIR: COVERAGE AMOUNT Earthquake Sprinkler Leakage - In any one occurrence; All Bldgs As respects Business Income Coverage an hour deductible applies at all premises locations $50,000 72 Hours To Utility Services: Direct Damage in any one occurrence $2,500 To "Electronic Data Processing Equipment": in any one occurrence $2,500 To "Electronic Data Processing Data and Media": in any one occurrence To "Fine Arts": in any one occurrence $2,500 $2,500 Arthur" Gallagher & Co. Insurance Brokers of CA., Inc. 1111 30 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details Deductibles/SIR: COVERAGE AMOUNT To "Valuable Papers and Records": in any one occurrence Business Income $2,500 72 Hours Any Other Covered Loss in any one occurrence $10,000 By Covered Loss to Personal Property at designated locations $5,000 DESCRIPTION LIMIT Additional Covered Property: Personal Property at Undescribed Premises: - At any "exhibition" premises $50,000 - At any other not owned, leased or regularly operated premises $50,000 Personal Property in Transit $50,000 Deluxe Property Coverage Form - Additional Coverage's & Coverage Extensions: The Limits of Insurance apply in any one occurrence unless otherwise stated: Accounts Receivable: At all described premises $100,000 (up from $50,000) Accounts Receivable: In transit or at all undescribed premises $100,000 (up from $50,000) Appurtenant Buildings and Structures $100,000 Claim Data Expense $25,000 Covered Leasehold Interest - Undamaged Improvements & Betterments. Lesser of Your Business Personal Property Limit or $100,000 Debris Removal (additional amount) $250,000 Deferred Payments $25,000 Duplicate Electronic Data Processing Data & Media $50,000 Electronic Data Processing Data and Media at all described premises Included in applicable Covered Property Limit of Insurance Employee Tools - In any one occurrence: $25,000 - Any one item $2,500 Expediting Expenses $100,000 Extra Expense $25,000 Fine Arts - At all described premises: $3,355,700 - In transit $25,000 Fire Department Service Charge Included in applicable Covered Property Limit of Insurance 31 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details DESCRIPTION LIMIT Included in applicable Covered Property Limit of Insurance Fire Protective Equipment Discharge Green Building Alternatives - Increased Cost: - Percentage: 1% - Maximum Amount Each building $100,000 Green Building Reengineering and Recertification Expense $25,000 Limited Coverage for Fungus, Wet Rot or Dry Rot Annual Aggregate $25,000 Loss of Master Key $25,000 Newly Constructed or Acquired Property: - Buildings Each $2,000,000 - Personal Property at each location $1,000,000 Non -Owned Detached Trailers $25,000 Ordinance or Law Coverage $2,000,000 (up from $250,000) Outdoor Property: $50,000 - Any one tree, shrub or plant $2,500 Outside Signs - At all described premises: $100,000 - At all undescribed premises $5,000 Personal Effects $50,000 Personal Property At Premises Outside of the Coverage Territory $50,000 Personal Property In Transit Outside of the Coverage Territory $25,000 Pollution Clean -Up and Removal - Annual Aggregate $100,000 Preservation of Property: $250,000 - Direct loss or damage to moved property Included in applicable Covered Property Limit of Insurance Reward Coverage - 25% of covered loss up to a maximum of: $25,000 Stored Water $25,000 Theft Damage to Rented Property Included in applicable Covered Property Limit of Insurance Undamaged Parts of Stock in Process $50,000 Valuable Papers and Records - Cost of Research: - At all described premises $7,100,000 - In transit or at undescribed premises $100,000 Water or Other Substance Loss - Tear Out and Replacement Expense Included in applicable Covered Property Limit of Insurance - Business Income and Extra Expense: The Limits of Insurance apply in any one occurrence unless otherwise stated - 32 City of Temecula Program Details DESCRIPTION LIMIT Additional Coverages and Coverage Extensions: Business Income from Dependent Property: - At Premises Within the Coverage Territory $250,000 - At Premises Outside of the Coverage Territory $100,000 Civil Authority: - Coverage Period 30 days - Coverage Radius 100 miles Claim Data Expense $25,000 Contract Penalties $25,000 Extended Business Income - Coverage Period 180 days Fungus, Wet Rot or Dry Rot - Amended Period of Restoration Coverage Period 30 days Green Building Alternatives - Increased Period of Restoration Coverage Period 30 days Ingress or Egress: $25,000 - Coverage Radius 1 mile Newly Acquired Locations $2,000,000 (up from $250,000) Ordinance or Law - Increased Period of Restoration $2,000,000 (up from $250,000) Pollutant Cleanup and Removal - Annual Aggregate $25,000 Transit Business Income $25,000 Undescribed Premises $25,000 Utility Services - Direct Damage - in any one occurrence: $50,000 - Coverage is provided for the following: Water, Communication & Power Supply Cause of Loss - Equipment Breakdown: Applies - Coverage Extension: Spoilage $250,000 - Ammonia Contamination $250,000 - Hazardous Substance $250,000 Crime Additional Coverage: - Employee Theft $10,000 - Forgery or Alteration $25,000 - Theft Disappearance and Destruction - Inside Premises $20,000 - Theft Disappearance and Destruction - Outside Premises $10,000 - Money Orders and Counterfeit Paper Currency $25,000 Deluxe Public Sector Service Additional Coverage Endorsements: Spoilage Coverage $10,000 Sewer or Drain Backup $50,000 Public Entity Property: Arthur" Gallagher & Co. Insurance Brokers of CA., Inc. 33 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details DESCRIPTION LIMIT - Confiscated Property $100,000 - Street Lights - each item $2,500 - Street Lights - per occurrence $50,000 - Street Signs - each item $2,500 - Street Signs - per occurrence $50,000 - Traffic Signs and Lights - each item $2,500 - Traffic Signs and Lights - per occurrence $50,000 - Stadium Lights - each item $2,500 - Stadium Lights - per occurrence $50,000 Valuations: DESCRIPTION LIMITATIONS Replacement Cost Endorsements include, but are not limited to: Building & Your Business Personal Property DESCRIPTION Deluxe Property Coverage Form - Additional Coverage's & Coverage Extensions Crime Additional Coverage DX T4 15 Deluxe Public Sector Service Additional Coverage Endorsements: Spoilage Coverage Extension DX T3 15 Sewer or Drain Backup Limitation DX T4 45 Public Entity Property Extensions DX T 4 47 Additional Covered Property DX T3 62 Cap on Losses Certified Act of Terrorism Electronic Vandalism Limitation Endorsement Exclusions include, but are not limited to: DESCRIPTION Earth Movement Exclusion Flood Exclusion Government Action Exclusion War Exclusion Nuclear Hazard, Power Failure Date Related Losses llr 34 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details Exclusions include, but are not limited to: DESCRIPTION Coverage for Overhead Transmission Lines is: Excluded Binding Requirements: DESCRIPTION Subject to Receipt of Account Premium Summary & Provision Bill. Subject to Signed Statement of Values including age, construction, occupancy, and square feet for each building Other Significant Terms and Conditions/Restrictions: DESCRIPTION Crime Additional Coverage - * If no deductible is shown, the Deductible that otherwise applies to loss under the Deluxe Property Coverage Form shall apply. Employee Benefit Plans, if any, included as Insured under the Employee Theft Crime Additional Benefit Coverage. Terrorism Risk Insurance Act Disclosure - Property 3% of the total Property Coverage premium As Broker/Agent you will be responsible for being aware of and complying with the various legal requirements associated with countersignature in various jurisdictions covered in the policies. Earthquake Sprinkler Leakage and Equipment Breakdown Premiums are Included in Property Premium. Important Notice Regarding Compensation Disclosure Premium $105,757.00 ESTIMATED PROGRAM COST TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) $105,757.00 INCLUDED 35 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details Coverage: Inland Marine (Fine Arts & Contractors Equipment) Carrier: Travelers Property Casualty Co of America Policy Period: 7/1/2015 to 7/1/2016 The following is a general summary of the Insuring Agreement. Refer to actual policy form for complete terms and conditions. Coinsurance or Agreed Amount: DESCRIPTION AGREED AMOUNT COINSURANCE % Applies Yes N/A DESCRIPTION LIMIT - Contractor's Equipment (IM PAK): - Listed Items $849,869 Unlisted Items $150,000 Not To Exceed $150,000 Leased or Rented Items $150,000 Newly Acquired Contractors Equipment $250,000 Replacement Items: - - Rental Cost $5,000 - Loss to any one Replacement Item $100,000 Maximum Amount of Payment $999,869 Flood Limit of Insurance $999,869 Flood Annual Aggregate Limit of Insurance $999,869 Earth Movement Limit of Insurance $999,869 Earth Movement Annual Aggregate Limit of Insurance $999,869 - Scheduled Property (IM PAK): - Scheduled Items $155,600 Flood Limit of Insurance $155,600 Flood Annual Aggregate Limit of Insurance $155,600 Earth Movement Limit of Insurance $155,600 Earth Movement Annual Aggregate Limit of Insurance $155,600 36 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details Deductibles/SIR: COVERAGE AMOUNT - Contractor's Equipment (IM PAK): - Basic Deductible $5,000 Flood Deductible $50,000 Earth Movement Deductible $50,000 Windstorm Deductible $5,000 - Scheduled Property (IM PAK): - Basic Deductible $2,500 Flood Deductible $50,000 Earth Movement Deductible $50,000 Windstorm Deductible $2,500 DESCRIPTION Replacement Cost Actual Cash Value (ACV) Manufacturer's Selling Price Reporting Form Market Value For Stocks Actual Loss Sustained in Business Interruption Endorsements include, but are not limited to: DESCRIPTION List Of Property On File - CE Fine Arts Valuation List Of Property On File - SP Fine Arts Cap on Losses Certified Act of Terrorism Exclusions include, but are not limited to: COVERAGE TYPE DESCRIPTION Inland Marine List Of Property On File - SP Breakage Exclusion - FA Inland Marine Exclusion of Loss Due to Virus or Bacteria Inland Marine Exclusion of Certain Computer Related Losses Inland Marine Cranes & Rigging Equipment Inland Marine, Equipment Floater Mechanical or Equipment Breakdown 37 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details Exclusions include, but are not limited to: COVERAGE TYPE DESCRIPTION Equipment Floater Equipment Floater Equipment Floater Equipment Floater Pollution War and Nuclear Hazard Wear and Tear, Gradual Deterioration, or Obsolescence Date Related Losses Equipment Floater Mold / Fungus Binding Requirements: DESCRIPTION Subject to Signed Account Premium Summary & Provisional Bill Other Significant Terms and Conditions/Restrictions: DESCRIPTION Terrorism Risk Insurance Act Disclosure - Inland Marine 1% of the applicable premium As Broker/Agent you will be responsible for being aware of and complying with the various legal requirements associated with countersignature in various jurisdictions covered in the policies. Important Notice Regarding Compensation Disclosure Premium $2,904.00 ESTIMATED PROGRAM COST TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) $2,904.00 INCLUDED 38 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details Coverage: Liability Carrier: Allied World Insurance Company Policy Period: 7/1/2015 to 7/1/2016 COVERAGE FORM TYPE General Liability Employment Practices Liability Occurrence Occurrence Public Officials Liability Occurrence Follow Form Excess Liability Claims Made Coverage: DESCRIPTION LIMIT BASIS Limit $10,000,000 -Damage to Premises Rented to You - Retention - Occurrence (sublines/sublimits) - $150,000 Public Crisis Event - Coverage A: Public Crisis Response $250,000 Specific Limit Coverage A: Public Crisis Response $250,000 Annual Aggregate Limit Coverage B: Public Crisis Communication $50,000 Specific Limit Coverage B: Public Crisis Communication $50,000 Annual Aggregate Limit Auto Liability $1,000,000 Specific Limit General Liability $1,000,000 Specific Limit -Damage to Premises Rented to You $1,000,000 Specific Limit Public Officials Liability $1,000,000 Specific Limit Employment Practices Liability $1,000,000 Specific Limit Follow Form Excess Liability $9,000,000 Specific Limit Follow Form Excess Liability $9,000,000 Annual Aggregate Limit Deductibles/SIR: COVERAGE AMOUNT Auto Liability - Retention - Accident $150,000 General Liability - Retention - Occurrence $150,000 -Damage to Premises Rented to You - Retention - Occurrence $0 Public Officials Liability - Retention - Occurrence $150,000 Employment Practices Liability - Retention - Occurrence $150,000 39 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details Deductibles/SIR: COVERAGE AMOUNT Follow Form Excess Liability - Retention - Per Underlying Excess of Underlying Any Other Continuity or Specific Dates/Limits applicable to the Claims -Made Conditions: COVERAGE CONTINUITY DATE LIMITS CONDITIONS Follow Form Excess Liability Claims Made Coverage: Should you elect to change carriers (if a new retro -active date is provided) or non -renew this policy, a supplemental extended reporting endorsement may be available subject to policy terms and conditions. You must request the extended reporting period in writing to the carrier within ([Days To Extend]) days of the expiration date. The cost of this extended reporting period is [Percent Cost]% of the annual premium and is fully earned. The extended reporting period extends only to those claims that occurred prior to the expiration date and would have been covered by the policy. Claims must be reported to the carrier within ([Days To Report]) days of the end of the policy period. The extended reporting period does not increase the limits of liability and is subject to all policy terms, conditions and exclusions. Definition of Claim: DESCRIPTION Refer to attached policy form Incident or Claim Reporting Provision: DESCRIPTION Refer to attached policy form Extended Reporting Period (ERP) Options*: DESCRIPTION PREMIUM AMOUNT PREMIUM DUE DATE LENGTH Refer to attached policy form *If ERP coverage is desired, then that request must be in writing to the carrier. Endorsements include, but are not limited to: DESCRIPTION Common Policy Declarations SIR -IL 00001 00 Common Policy Conditions SIR -IL 00002 00 California Amendatory Endorsement SIR -IL 00010 04 Public Crisis Event Endorsement SIR -IL 00020 00 40 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details Endorsements include, but are not limited to: DESCRIPTION Commercial General Liability Retained Limit Declarations SIR -GL 00001 00 Public Risk GL Retained Limit Coverage Form SIR -GL 00002 00 Blanket Additional Insureds SIR -GL 00012 00 Damage to Premises Rented to You—Sublimit SIR -GL 00015 00 Public Officials Liability Retained Limit Occurrence Declarations SIR -PO 00001 00 Public Officials Retained Limit Occurrence Coverage Form SIR -PO 00003 00 Employment Practices Liability Retained Limit Declarations SIR -EP 00001 00 Employment Practices Liability Retained Limit Occurrence Coverage Form SIR -EP 00005 00 Provision for Reimbursement of Defense Costs SIR -EP 00007 00 Commercial Auto Retained Limit Declarations SIR -CA 00002 00 Schedule of Automobiles SIR -CA 00028 00 Public Risk Auto Liability Retained Limit Coverage Form SIR -CA 00003 00 Casualty Excess Follow Forms And Endorsements -Following Form Excess Liability Insurance Policy Declarations GL 00139 00 -Schedule of Underlying Insurance GL 00323 00 -Following Form Excess liability Insurance Policy GL 00126 00 -CA Excess CGL Amendatory GL 00286 04 -Follow-Form Other Aggregate Limit GL 00366 00 -Cancellation Amendatory Endorsement GL 00369 00 -Terrorism Disclosure Statement GL 00117 00 Exclusions include, but are not limited to: DESCRIPTION Communicable Disease Exclusion SIR -IL 00015 00 Asbestos Exclusion SIR -IL 00027 00 Electromagnetic Radiation Exclusion SIR -IL 00029 00 Lead Exclusion SIR -IL 00031 00 Pathogenic, Poisonous Biological, Chemical Exclusion SIR -IL 00033 00 Silica Exclusion SIR -IL 00034 00 Fungi or Bacteria Exclusion SIR -IL 00035 00 Exclusion—Unaudited Financials SIR -PO 00006 00 Exclusion—Derivative Investment SIR -PO 00007 00 Exclusion—Insurance Practices SIR -PO 00009 00 41 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details Exclusions include, but are not limited to: DESCRIPTION Exclusion—Financial Loss SIR -PO 00008 00 Exclusion—Violation of Securities Laws SIR -PO 00013 00 Exclusion of Emergency Services Operations (Fire Department ) SIR– GL 00029 00 Exclusion of Emergency Services Operations SIR -GL 00029 00 General: - Asbestos, Lead, Silica, Nuclear, Nuclear Hazard, Pollution, Fungi/Bacteria, Electromagnetic Radiation, Communicable Disease, War and Military Action, Pathogenic or Poisonous Biological or Chemical Materials. Auto Liability - Exclusions as stated on the Auto coverage form and including: Racing, UM/UIM, PIP (statutory limit is within the SIR). General Liability: - Exclusions as stated on the GL coverage form and including but not limited to: Aircraft, Airport, Mold, Pollution, Asbestos, Nuclear, Lead Contamination, Sili-ca, Electronic Data, Electronic Vandalism, Employers Liability, Health Care Services, Medical and Related Facilities Activities, Law Enforcement, Securi-ties, Underground Storage Tanks, Workers Compensation and Emergency Services Operations. Public Officials: Exclusions as stated on the PO coverage form and including but not limited to: Distribution of Material in Violation of Statutes; Electronic Data; Electric Van-dalism; Eminent Domain/Inverse Condemnation; Fiduciary, Financing, Taxes; Fines and Penalties; Fraudulent or Dishonest Acts; Maintain Insurance; Non -Monetary; Professional Services; Prior Notice, Pending or Prior Legal Action; Violations of Laws; Workers Compensation; Securities Employment Practices - Exclusions as stated on the EP coverage form and including but not limited to: Fiduciary, Employee Benefits, Fraudulent of Dishonest Acts, Labor Disputes, Maintain Insurance, Non -Monetary, Prior Notice, Prior or Pending Legal Ac -tion, Violation of Laws, Wage and Hour Law, Workers Compensation Excess: Exclusions in Underlying coverage above and the Excess coverage form in-cluding but not limited to: ERISA, UM/UIM, PIP, Pollution, Silica, Asbestos, Lead, War, Liquor Liability and any sub -limited coverage on underlying is ex-cluded in the excess Defense Limitations: Defense Limitation: Applies Defense Cost Type: Other Defense Cost Limits: Erodes the self-insured retention and inside the limit of insurance Binding Requirements: DESCRIPTION Subject to Signed and dated Acceptance or Rejection of Terrorism Insurance Coverage form Subject to In order to provide the Reimbursement of defense costs for Employed Attorney's, paralegals, Ad- justers and Investigators, I will need you to confirm the hourly wage rate Subject to The Employer's Liability will be scheduled on the policy upon receipt of the policy number. Subject to Signed Acceptance or Rejection of Terrorism Insurance Coverage 42 N/A $72,096.00 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details Other Significant Terms and Conditions/Restrictions: DESCRIPTION Territory : United States And Its Territories Or Possessions Notice Of Cancellation: 60 days notice of cancellation except 10 days for non-payment of premium. 90 days notice of nonrenewal. Time Element Pollution will be added. Premium $138,452.00 ESTIMATED PROGRAM COST TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) $138,452.00 $1,649.00 TOTAL PROGRAM COST $140,101.00 Optional Coverages: OPTION COVERAGE NEW LIMIT OTHER PREMIUM TAX Liability Liability Subject to Audit: Not Auditable $250,000 SIR Premium Includes TRIA Premium $1,281.00 $106,507.00 $500,000 SIR Premium Includes TRIA Premium $861.00 N/A 43 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details Coverage: Excess Liability Carrier: Argonaut Insurance Company Policy Period: 7/1/2015 to 7/1/2016 Form Type: COVERAGE FORM TYPE RETROACTIVE DATE PENDING & PRIOR LITIGATION DATE Excess Liability Claims Made Coverage: DESCRIPTION LIMIT BASIS Each Occurrence / Wrongful Act / Accident $10,000,000 xs $250,000 SIR Any Other Continuity or Specific Dates/Limits applicable to the Claims -Made Conditions: COVERAGE CONTINUITY DATE LIMITS CONDITIONS Excess Liability Definition of Claim: DESCRIPTION Refer to attached policy form Incident or Claim Reporting Provision: DESCRIPTION Refer to attached policy form Extended Reporting Period (ERP) Options*: DESCRIPTION PREMIUM AMOUNT PREMIUM DUE DATE LENGTH Refer to attached policy form *If ERP coverage is desired, then that request must be in writing to the carrier. Underlying Policies: COVERAGE DESCRIPTION LIMIT CARRIER EFFECTIVE EXPIRATION DATE DATE Auto Liability Specific Limit - Per Accident $10,000,000 44 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details Underlying Policies: COVERAGE DESCRIPTION LIMIT CARRIER EFFECTIVE DATE EXPIRATION DATE General Liability Specific Limit - Occurrence General Liability Annual Aggregate - Occurrence $10,000,000 $10,000,000 Law Enforcement Specific Limit - Occurrence $10,000,000 Law Enforcement Annual Aggregate - Occurrence $10,000,000 Public Officials Liability Specific Limit - Occurrence $10,000,000 Public Officials Liability Annual Aggregate - Occurrence Employment Practices Specific Limit - Occurrence Employment Practices Annual Aggregate - Occurrence $10,000,000 $10,000,000 $10,000,000 Employee Benefits Liability Specific Limit and Annual Aggregate - Included in General Liability Exclusions include, but are not limited to: DESCRIPTION Workers Compensation, Auto No Fault, Uninsured/ Underinsured Motorists, Disability, and Unemployment Compensation Laws Pollution (Hostile Fire Exception) Asbestos Physical Damage to Property in Insured's Care, Custody, or Control Auto First -party Coverage Pollution (Auto) Products Recall Date Related Losses Employment Related Practices Exclusion Total Pollution Exclusion 45 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details Exclusions include, but are not limited to: DESCRIPTION Professional Liability Exclusion Retained Limit Binding Requirements: DESCRIPTION Subject to Completed, signed and dated "Request to Bind Insurance Coverage" form Subject to Completed, signed and dated "Acceptance or Rejection of Terrorism" form Subject to Completed, signed and dated "APRS Claims Handling Procedures and Acknowledgement" Subject to Recently dated Travelers Loss Runs for corresponding past 5 years plus current term. Other Significant Terms and Conditions/Restrictions: DESCRIPTION 90 days notice of cancellation; 10 days for non-payment Underlying Retention - $250,000 Treatment of Alae - Underlying Retention - Inside Treatment of Alae - Insurer's Specific Limit - Outside Claims Administration - The TPA must be approved by Alteris Claims Premium $177,315.00 ESTIMATED PROGRAM COST TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: Not Auditable $177,315.00 INCLUDED 46 City of Temecula Program Details Coverage: Property including EQSL, and Equipment Breakdown Carrier: Zurich American Insurance Company Policy Period: 7/1/2015 to 7/1/2016 The following is a general summary of the Insuring Agreement. Refer to actual policy form for complete terms and conditions. Coinsurance or Agreed Amount: DESCRIPTION AGREED AMOUNT COINSURANCE % Applies Coverage: Yes N/A DESCRIPTION LIMIT BASIS Limits of Liability Deductibles/SIR: $163,000,000 total of all coverages combined COVERAGE AMOUNT Policy Deductible(s): - per Occurrence - - Property Damage (PD) $10,000 - Time Element (TE) 72 Hours Contingent Time Element: - combined per Location at each Direct Dependent Time Element Location, Indirect Dependent Time Element Location, and Attraction Property - Property Damage (PD) $10,000 - Time Element (TE) 72 Hours Flood: - per Occurrence - - Property Damage (PD) $50,000 - Time Element (TE) 72 Hours Named Storm: - per Occurrence - - Property Damage (PD) $10,000 - Time Element (TE) 72 Hours Breakdown of Equipment Deductible(s): - per Occurrence for loss or damage caused by Breakdown - Property Damage (PD) $10,000 - Time Element (TE) 72 Hours Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 47 City of Temecula Program Details (Cont.) Additional Coverage: DESCRIPTION LIMIT BASIS Property Damage (PD) and Time Element (TE) combined at scheduled locations: on file with the Company per Statement of Values dated 04/30/15 $163,000,000 But not to exceed: - Gross Earnings $30,000,000 - Extra Expense $1,000,000 - Leasehold Interest $500,000 Contractor's Equipment $555,609 Accounts Receivable $1,000,000 Computer Systems Damage (Computer Virus) $500,000 in the Annual Aggregate Contingent Time Element $500,000 per occurrence - For scheduled Direct Dependent Time Element Location and scheduled Indirect Dependent Time Element Location; NCP for Earth Movement, Flood, Named Storm and Volcanic Eruption $500,000 per location and per occurrence - For unscheduled Direct Dependent Time Element Location; NCP for Earth Movement, Flood, Named Storm and Volcanic Eruption $500,000 per location and per occurrence - For Attraction Property Located within 1 miles of the Insured Location; NCP for Earth Movement, Flood, Named Storm and Volcanic Eruption $100,000 per location and per occurrence Debris Removal $5,000,000 Decontamination Costs $500,000 Deferred Payments $250,000 Errors and Omissions $10,000,000 Expediting Costs $1,000,000 Fine Arts $250,000 Fire Department Service Charge $250,000 Increased Cost of Construction $25,000,000 Land and Water Contamination Cleanup, Removal and Disposal $1,000,000 in the Annual Aggregate Land Improvements $50,000 Miscellaneous Personal Property $1,000,000 Miscellaneous Unnamed Location $1,000,000 Off Premises Service Interruption $500,000 Professional Fees $250,000 Radioactive Contamination $500,000 Tenants Prohibited Access $250,000 Arthur" Gallagher & Co. Insurance Brokers of CA., Inc. 48 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Additional Coverage: DESCRIPTION LIMIT BASIS Transit $1,000,000 Valuable Papers and Records $1,000,000 New Construction and Additions $10,000,000 Off Premises Storage for Property Under Construction $500,000 Breakdown of Equipment not to exceed: $163,000,000 - Ammonia Contamination $250,000 - Spoilage $250,000 Flood: $5,000,000 (at additional premium) in the Annual Aggregate a) as respects Locations with any part of the legal description within a Special Flood Hazard Area (SFHA) and not otherwise listed herein. b) as respects Locations with any part of the legal description within a Moderate Flood Hazard Area (MFHA) and not otherwise listed herein Named Storm: $163,000,000 in the Annual Aggregate a) NCP for property located in Zone 1 for Named Storm as described in Appendix C&D. b) NCP for property located in Zone 2 for Named Storm as described in Appendix C&D. - Time and Distance Limits of Liability: Time and Distance Limits of Liability: In addition to the Limits of Liability shown elsewhere in this Policy, the following apply: Attraction Property Located within 1 mile(s) of the Insured Location Civil or Military Authority 30 day period for property within 1 mile(s) but not to exceed a $1,000,000 limit The actual Time Element loss sustained by the Insured arising out of the Delay in Completion 30 day(s) but not to exceed a limit Extended Period of Liability 180 day(s) Ordinary Payroll 90 day(s) Impounded Water 30 day period but not to exceed a $50,000 limit. Ingress/Egress 30 day period for property within 1 mile(s) but not to exceed a $500,000 limit International Interdependency 30 day period but not to exceed a $100,000 limit 49 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Additional Coverage: DESCRIPTION LIMIT BASIS Newly Acquired 30 day period but not to exceed a $10,000,000 limit per location Protection and Preservation of Property 48 hours for Gross Earnings: not to exceed a $500,000 limit per Location - Time Specifications: Named Storm Occurrence 72 hours - Qualifying Period: For the Coverages listed below the following Qualifying Period applies: Off Premises Service Interruption Property Damage & Time Element Coverage 24 Hours applies separately at each location Computer Systems Damage Coverage 24 Hours Tenants Prohibited Access Coverage 48 Hours applies separately at each location New Construction and Additions: Delay in Completion 30 days applies separately at each location Valuations: DESCRIPTION LIMITATIONS Replacement Cost Actual Cash Value (ACV) Selling Price Merchandise that carries the Insured's brand or trade name and All other Merchandise Vehicles Endorsements include, but are not limited to: Finished Stock DESCRIPTION Appendix A - Earth Movement/Earthquake Zones for USA including its Commonwealths and Territories EDGE -450- B (06/14) Appendix B - Earth Movement/Earthquake Zones Worldwide except USA its Commonwealths and Territories EDGE -451-D (12/14) Appendix C — Named Storm Zones for USA including its Commonwealths and Territories EDGE -452-B (06/14) Appendix D — Named Storm Zones Worldwide except USA and its Commonwealths and Territories EDGE -453-D (12/14) Disclosure of Important Information Relating to Terrorism Risk Insurance Act U -GU -632-D CW (01/15) 50 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Exclusions include, but are not limited to: DESCRIPTION Earth Movement Exclusion Flood Exclusion Government Action Exclusion War Exclusion Nuclear Hazard, Power Failure Date Related Losses Sanctions Exclusion Endorsement U -GU -1191-A CW (03/15); U -GU -1191-A MU (03/15) Other Significant Terms and Conditions/Restrictions: DESCRIPTION Listed on a Schedule of Locations on file with Company; per statement of values dated 04/30/2015. Contingent Time Element - - For unscheduled Indirect Dependent Time Element Location, however NCP for per location and in the occurrence; however NCP for Earth Movement, Flood, Named Storm or Volcanic Eruption; - For Indirect Dependent Time Element Location as defined in policy line 7.28.02 (3rd or more tiers), however NCP for Earth Movement, Flood, Named Storm or Volcanic Eruption; Causation Definition: The following term is included in the definition of the Peril as indicated: Storm Surge is part of Flood Cancellation for non-payment of premium 10 days Cancellation for any other reason 90 days The stated annual premium is based upon a reported amount of $163,308,010.00 total insurable value. This policy may be subject to countersignature fees where applicable. Premium (including TRIA & Engineering Fee) $89,069.00 ESTIMATED PROGRAM COST $89,069.00 $5,000,000 Limit — Flood Zones B & C $5,749.00 51 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Coverage: Property, Earthquake, EQSL, Flood Carrier: Lexington Insurance Company Policy Period: 7/1/2015 to 7/1/2016 The following is a general summary of the Insuring Agreement. Refer to actual policy form for complete terms and conditions. Coinsurance or Agreed Amount: DESCRIPTION AGREED AMOUNT COINSURANCE % Applies Yes N/A Coverage: DESCRIPTION LIMIT BASIS Limit of Liability (Specific Policy per Schedule on File with Company) Deductibles/SIR: $100,000,000/$10,000,000 EQSL, Earthquake Property Per Occurrence Earthquake & Flood Per Occurrence & Ann Aggregatery COVERAGE AMOUNT Earth Movement and/or Earthquake: - Per Occurrence, except as follows - as respects locations in California Flood: $100,000 5% of Total Insurable Values, per unit of insurance, at the time of the loss at each location involved in the loss or damage, subject to a minimum of $100,000 any one occurrence - Per Occurrence, except as follows $100,000 - As respects locations wholly or partially within Special Flood Hazard Areas (SFHA), areas of 100 year flooding, as defined by the Federal Emergency Management Agency (FEMA) $500,000 building coverage per building, $500,000 contents coverage per building and $100,000 for Time element per occurrence Named Storm: - at each location involved in the loss for any one occurrence $25,000 As respects losses caused by interruption by Civil or Military Authority, Ingress/Egress and Service Interruption 24 hour waiting period All other insured losses $25,000 52 City of Temecula Program Details (Cont.) DESCRIPTION LIMIT Sub -Limits: The following sub -limits are part of and not in addition to the policy limit of liability: Per Occurrence and Annual Aggregate for the peril of Earth Movement and/or Earthquake except $10,000,000 Per Occurrence and Annual Aggregate for the peril of Earth Movement and/or Earthquake in California $10,000,000 Per Occurrence and Annual Aggregate for the peril of Flood except; $10,000,000 Per Occurrence and Annual Aggregate for the peril of Flood occurring wholly or partially within Special Flood Hazard Areas (SFHA), areas of 100 -Year Flooding, as defined by the Federal Emergency Management Agency $10,000,000 Per Occurrence for the peril of Named Storm $162,752,401 Per Occurrence for Business Interruption Included Per Occurrence for Electronic Data Processing — EDP (Hardware, Software, Extra Expense) Included Per Occurrence for Revenue Interruption $1,000,000 Per Occurrence for Accounts Receivable $1,000,000 Per Occurrence for Architects and Engineering Fees $1,000,000 Per Occurrence for Automobile Physical Damage $1,000,000 Per Occurrence for Backup of Drains $50,000 Per Occurrence for Newly Acquired or Newly Constructed Property for a period of 120 days, if not reported to the Company in that 120 day period then coverage ceases. $10,000,000 Per Occurrence for Contingent Business Interruption/Contingent Time Element As Respects Tier 1 Suppliers or Customers (a supplier or customer with a direct contractual relationship with the insured of the insured) $1,000,000 Per Occurrence for Course of Construction $5,000,000 Per Occurrence for Traffic Signals, Street & Stadium Lights $2,500,000 Per Occurrence for Debris Removal $1,000,000 or 25% of loss, whichever is greater Per Occurrence and Annual Aggregate for Decontamination $100,000 Per Occurrence for Building Ordinance or Law: Undamaged Portion of the Building (Coverage A) Included Per Occurrence for Building Ordinance or Law: Demolition and Increased Cost of Construction (Coverage B&C) $5,000,000 Per Occurrence for Employee Tools (Unscheduled), maximum $10,000 per item $100,000 Per Occurrence for Green Building Reengineering and Recertification Expenses, 1% Green Building Altematives, $250,000 maximum per building $100,000 Per Occurrence for Errors and Omissions $1,000,000 Per Occurrence for Expediting Expense $1,000,000 Per Occurrence for Extra Expense $1,000,000 Per Occurrence for Foam Solution or other Fire Extinguishing Materials $50,000 ^ ur J. Gallagher & Co. Insurance Brokers of CA., Inc. 53 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) DESCRIPTION Per Occurrence for Fire, Sprinkler or Burglar Alarm update LIMIT $50,000 Per Occurrence for Fire Department Service Charge $50,000 Per Occurrence for Fine Arts (unscheduled), maximum $100,000 per item $200,000 Per Occurrence and Annual Aggregate for Pollutant Cleanup $250,000 Per Occurrence for Property in Exhibition $250,000 Per Occurrence for Preservation of Property Expenses to move and temporarily store property $250,000 Per Occurrence for Land Improvements including Trees, Shrubs and Plants $250,000 Per Occurrence for Leasehold Interest $500,000 Per Occurrence for Loss Adjustment Expenses (excluding fees associated with the use of a public adjuster) $100,000 Per Occurrence for Miscellaneous Unnamed Locations $1,000,000 Per Occurrence for Personal Property at Unnamed Locations $50,000 Per Occurrence for Personal Property of Others $500,000 Per Occurrence for Miscellaneous Personal Property of the Insured not declared, not at described premises $500,000 Per Occurrence and Annual Aggregate for Mold / Fungus Resultant Damage (coverage for ensuing mold / fungus as a result of a covered peril) $1,000,000 Per Occurrence for Outside Signs at all described premises but $5,000 at all undescribed premises $100,000 Per Occurrence for Rented Mobile/Contractors' Equipment $1,000,000 Per Occurrence for Service Interruption Property Damage & Time Element combined subject to 24 hour qualifying period $1,000,000 Per Occurrence for Loss to Police Horses; as defined in the policy form $50,000 Per Occurrence for Loss to Police & Fire Dogs; as defined in the policy form $20,000 Per Occurrence for Loss to Animals, other than Police & Fire Dogs and Police Horses $5,000 Per Occurrence for Loss of Master Key $25,000 Per Occurrence for Fire Protective Devices $10,000 Per Occurrence Arson and Crime Reward $10,000 Per Occurrence and Annual Aggregate for Electronic Vandalism $10,000 Per Occurrence for Transit $1,000,000 Per Occurrence for Valuable Papers and Records $10,000,000 Per Occurrence for Ingress / Egress 8 weeks Per Occurrence for Civil or Military Authority 8 weeks Extended Period of Indemnity 365 days 54 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Endorsements include, but are not limited to: DESCRIPTION Policyholder Disclosure Notice of Terrorism Insurance Coverage (Applicable to Certified and Non -Certified Acts) LX4275 (01/15) Lexington Insurance Company Standard Property Conditions PR9019 (01/94) Property Endorsement (Data Corruption Exclusion) PR9514 (09/02) Occurrence Limit of Liability Endorsement PR9014 (08/06) Anti -Stacking Endorsement PR4259 New Madrid Earthquake Zone Counties and Pacific Northwest Earthquake Zone Counties Economic Sanctions Endorsement PR4225 (07/13) Exclusions include, but are not limited to: DESCRIPTION California Other States <insert> Flood <describe> Terrorism Exclusion Endorsement PR4266 (12/14) War and Terrorism Exclusion Endorsement (applies to locations outside the United States of America, its territories and possessions) NMA2918 (08/01) Property Millennium Exclusion Endorsement Y69859 Pollution, Contamination, Debris Removal Exclusion Endorsement PR9015 (08/06) Equipment Breakdown Exclusion Mold & Fungus Exclusion Endorsement PR8530 (08/09) Binding Requirements: DESCRIPTION Subject to Receipt of Surplus Lines License Numbers Subject to a completed and signed "Broker Responsible for Surplus Lines Filings Agreement" Subject to Receipt of Acceptance or Rejection of Terrorism Insurance Coverage 55 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Other Significant Terms and Conditions/Restrictions: DESCRIPTION Named Storm: If two or more deductible amounts provided in this policy apply to a single occurrence, the total to be deducted shall not exceed the largest deductible applicable unless otherwise stated in the policy. However, if: 1. The Time Element deductible and another deductible apply to a single Occurrence, then the Company shall apply both deductibles to the Occurrence; and 2. Covered Loss or Damage by Flood arises out of a Named Storm, then the Company shall apply the Flood deductible or the Named Storm deductible, whichever is greater. Territory: The 50 states comprising of the United States of America, the District of Columbia and Canada. To Indemnify Against Loss By: All Risks of Direct Physical Loss or Damage including Flood and Earth Movement except excluding Equipment Breakdown and as further described in the approved policy form Total Insured Values: $ 162,752,401 Per Schedule on File with Company Note: 1. Any new locations in AK, CA, FL, HI and TX will be underwritten and rated in accordance with our guidelines at the time we are requested to add them. 2. Any new locations that are vacant or are materially different from what is currently reported on the Schedule of values will be underwritten and rated in accordance with our guidelines at the time we are requested to add them 90 Days Notice of Cancellation / 10 Days Non -Payment of Premium Earthquake and/or Earth Movement coverage is provided for only $153,006,824 in reported values. Per the schedule on file with the company, earthquake is excluded at the remaining locations. Miscellaneous Unnamed Locations: Means a location that had not been included in the Statement of Values on file with the Company and has not been reported to the company as may be required in the policy provisions elsewhere including tunnels, bridges, dams, catwalks, roadways and culverts. Premium $219,300.00 ESTIMATED PROGRAM COST TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) $219,300.00 $5,000.00 56 City of Temecula Program Details Coverage: Property - Boiler & Machinery Carrier: Zurich Insurance Company Limited Policy Period: 7/1/2015 to 7/1/2016 The following is a general summary of the Insuring Agreement. Refer to actual policy form for complete terms and conditions. Coinsurance or Agreed Amount: DESCRIPTION AGREED AMOUNT COINSURANCE % Applies Coverage: Yes N/A DESCRIPTION LIMIT BASIS Property Damage: $163,000,000 72 Hours Expediting Expense: $250,000 Ammonia Contamination Business Income and Extra Expense: $1,750,900 Extra Expense Only: $1,000,000 Deductibles/SIR: COVERAGE AMOUNT Property Damage: $10,000 Business Income and Extra Expense 72 Hours Spoilage Damage Included within property damage deductible Ammonia Contamination Included within property damage deductible Additional Coverage: DESCRIPTION LIMIT BASIS Extended Period of Restoration: 90 days Data or Media $250,000 / 30 days Spoilage Damage $250,000 Utility Interruption $500,000 / Coverage applies only if the interruption of services lasts at least: 24 hours Newly Acquired Premises $10,000,000 / 30 days Ordinance or Law Coverage $10,000,000 Errors and Omissions $10,000,000 Brands and Labels $100,000 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 57 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Additional Coverage: DESCRIPTION LIMIT BASIS Coverage Limitations: Unless a higher limit or INCLUDED is shown, the most we will pay for direct damage to covered property is $25,000 ($15,000 for Fungus, Wet Rot and Dry Rot) for each of the following. These limits are part of, not in addition to, the Property Damage Limit per Breakdown. - Fungus, Wet Rot and Dry Rot $15,000 - Fungus, Wet Rot and Dry Rot - Business Income and Extra Expense or Extra Expense Only 30 Days - Ammonia Contamination - Consequential Loss - Data and Media $250,000 $250,000 - Hazardous Substances - Water Damage $250,000 Endorsements include, but are not limited to: $250,000 $250,000 DESCRIPTION EB 00 20 01 13 Exclusions include, but are not limited to: DESCRIPTION Date Related Losses Other Significant Terms and Conditions/Restrictions: DESCRIPTION Conditions and Optional Coverages: - Business Income Report Date: 7/1/2015 - Business Income Annual Value: $1,750,900 - Business Income Coinsurance Percentage: Coinsurance does not apply - Diagnostic Equipment: Included Engineering Services Included within Proposal Jurisdictional Inspections: Zurich North America will provide jurisdictional inspections for objects requiring State certifications. TIV: Building: $133,272,653, Contents: $179,468,655, Business Income: $27,728,848. Total - $162,752,401 Account Rate: 0.00256 Premium $4,170.00 ESTIMATED PROGRAM COST $4,170.00 58 City of Temecula Program Details Coverage: Difference In Condition Carrier: Empire Indemnity Insurance Company Policy Period: 7/1/2015 to 7/1/2016 The following is a general summary of the Insuring Agreement. Refer to actual policy form for complete terms and conditions. Coinsurance or Agreed Amount: DESCRIPTION AGREED AMOUNT COINSURANCE % Applies Coverage: Yes N/A DESCRIPTION LIMIT BASIS Difference in Conditions - Policy Limit - Layer Limit Limit: Deductibles/SIR: $153,006,824 TIV $10,000,000 $10,000,000 $10,000,000 part of $10,000,000 Primary COVERAGE AMOUNT Earthquake: - per unit 5% - Including Time Element: Business Income and Extra Expense Flood deductible $100,000 except for locations situated in Flood Zones A, V, X500 (X Shaded), and B, the deductible is 2% per location incl. BI/EE, subject to $500,000 minimum per occurrence DESCRIPTION LIMIT Building Ordinance/ICC/Demo - Sub -limit $5,000,000 Damaged Portion / $35,000,000 Undamaged Portion of Building - Placement coverage extensions/sublimited items (sublimited items are part of, not in addition to the limit of liability: Course of Construction $5,000,000 Newly Acquired Properties (120 day reporting) $5,000,000 Accounts Receivable $1,000,000 ur J. Gallagher & Co. Insurance Brokers of CA., Inc. 59 J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) DESCRIPTION LIMIT Errors & Omissions $1,000,000 Fine Arts, subject to $100,000 maximum per item $1,000,000 Miscellaneous Unnamed Locations (defined as a location that had not been included in the Statement of Values on file with the Company and has not been reported to the Company as may be required in the policy provisions elsewhere) $500,000 Service Interruption- PD & BI (excluding overhead T & D lines) $1,000,000 Leasehold Interest $500,000 Miscellaneous Personal Property of the Insured (not reported and not at covered premises) $500,000 Personal Property of Others $500,000 Rented Mobile/Contractors Equipment $500,000 Land Improvements including trees, shrubs and plants $250,000 Loss Adjustment Expenses (excluding fees associated with public adjuster) $100,000 Civil Authority 8 consecutive weeks Ingress/Egress 8 consecutive weeks Extended Period of Indemnity 365 days Valuations: DESCRIPTION LIMITATIONS Replacement Cost Actual Loss Sustained Endorsements include, but are not limited to: Property Damage Time Element including Extra Expense DESCRIPTION Notice D-1 (07/21/2011) Terrorism (TRI PRA of 2007) Company Form Disclosure of Premium (Relating to Disposition of TRIA) U -GU -693-C CW (06/13) Disclosure of Important Information Relating to Terrorism Risk Insurance Act U -GU -632-C (12/07) Exclusions include, but are not limited to: DESCRIPTION Califomia Other States <insert> Flood <describe> Pollution (Company Form) 60 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Exclusions include, but are not limited to: DESCRIPTION Asbestos/Contamination (Company Form) Mold (Company Form) Theft Flood - locations located in 100 year flood plain, X500, X(Shaded) and B flood zones Boiler and Machinery Electronic Data and Computer Systems Exclusion (Company Form) Ensuing Loss The exclusion for Flood Zones A, V & X500, X (Shaded), and B does not apply to the following locations: 1. 43200 Business Park Dr, Temecula, CA 2. 43230 Business Park Dr, Temecula, CA 3. 42081 Main St., Temecula, CA 4. 42049-51 Main St., Temecula, CA 5. 28300 Mercedes, Temecula, CA 6. 2 Arches at Old Town Temecula, Temecula, CA Binding Requirements: DESCRIPTION Subject to Receipt of Declination of Terrorism Coverage. Other Significant Terms and Conditions/Restrictions: DESCRIPTION TRIA Premium - Includes Terrorism Premium: $59,919; Stamping Fee- CA (0.2%): $359.91 and Surplus Lines Tax - CA (3%): $5,398.68, policy fee $200 Swett & Crawford is responsible for the Surplus Lines Tax Filing in the designated Home State. Territory/Locations: CA only- Per SOV in email dated 4/17/15 on file with the insurance company. TIV: $ 153,006,824 All Risk Perils (Including Windstorm) Warrant All Risk Underlyer Debris Removal clause (Company Form) 61 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Premium $119,837.00 Taxes Surplus Lines Tax- CA (3%) Total Taxes $3,601.11 $3,601.11 Fees Stamping Fee- CA (0.2%) Policy Catastrophe Analysis - CA Total Fees $240.07 $200.00 $440.07 ESTIMATED PROGRAM COST Minimum Earned Premium - TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) $123,878.18 25.00 % $61,836.41 62 City of Temecula Program Details Coverage: Difference In Condition - $25MM xs $10MM Carrier: Princeton Excess & Surplus Lines Ins Co Lloyd's Syndicate 33 General Security Indemnity Co of Arizona Ironshore Europe Limited Ironshore Insurance Ltd. Hudson Specialty Insurance Company Policy Period: 7/1/2015 to 7/1/2016 Participation Schedule: CARRIER PARTICIPATING LIMIT Princeton Excess & Surplus Lines Ins Co 15% $3,750,000 Lloyd's Syndicate 33 20% $5,000,000 General Security Indemnity Co of Arizona 25% $6,250,000 Ironshore Europe Limited Ironshore Insurance Ltd. Hudson Specialty Insurance Company 10% $2,500,000 10% $2,500,000 20% $5,000,000 The following is a general summary of the Insuring Agreement. Refer to actual policy form for complete terms and conditions. Coinsurance or Agreed Amount: DESCRIPTION AGREED AMOUNT COINSURANCE % All Covered Property Yes N/A DESCRIPTION LIMIT Limit: Deductibles/SIR: $25,000,000 part of $25,000,000 excess of $10,000,000 COVERAGE AMOUNT EQ - per Unit 5% Minimum EQ Deductible $50,000 EQSL Same as EQ Deductible Flood: $100,000 except for locations situated in Flood Zones A, V, X500 (X Shaded), and B, the deductible is 2% per location incl. BI/EE, subject to $500,000 minimum per occurrence Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 63 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Deductibles/SIR: COVERAGE AMOUNT AOP Terrorism: $25,000 Same as AOP DESCRIPTION LIMIT Placement coverage extensions/sublimited items (sublimited items are part of, not in addition to the limit of liability): Course of Construction Newly Acquired Properties (120 day reporting) Accounts Receivable Errors & Omissions Fine Arts, subject to $100,000 maximum per item $5,000,000 $5,000,000 $1,000,000 $1,000,000 $1,000,000 Miscellaneous Unnamed Locations (defined as a location that had not been included in the Statement of Values on file with the Company and has not been reported to the Company as may be required in the policy provisions elsewhere) Service Interruption - PD & BI (excluding overhead T & D lines) Leasehold Interest $500,000 $1,000,000 $500,000 Miscellaneous Personal Property of the Insured (not reported and not at covered premises) $500,000 Personal Property of Others $500,000 Rented Mobile/Contractors Equipment Land Improvements including trees, shrubs and plants $500,000 $250,000 Loss Adjustment Expenses (excluding fees associated with public adjuster) $100,000 Civil Authority 8 consecutive weeks Ingress/Egress 8 consecutive weeks Extended Period of Indemnity 365 days Building Ordinance (Excluding ICC/Demo) Sublimit: - coverage applies to Building Ordinance only Valuations: $5,000,000 DESCRIPTION LIMITATIONS Replacement Cost Property Damage Actual Loss Sustained Time Element including Extra Expense 64 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Endorsements include, but are not limited to: DESCRIPTION Debris Removal clause (Company Form) Excess Limit of Liability and Participation Clause (Company Form) Exclusions include, but are not limited to: DESCRIPTION California Other States <insert> Flood - locations located in 100 year flood plain, X500, X(Shaded) and B flood zones Pollution (Company Form) Asbestos / Contamination (Company Form) Mold (Company Form) Exclude but will allow ICC and Demo only losses to erode the aggregate Boiler and Machinery Electronic Data and Computer Systems Exclusion (Company Form) Underlying Sublimited Coverages Exclusion All Risk Perils (Including Windstorm) Ensuing Loss Lloyd's Biological or Chemical Materials Exclusion Theft Binding Requirements: DESCRIPTION Subject to Written request to bind is needed prior to the expiration of this quote Subject to Signed Selection Or Rejection Of Terrorism Insurance Coverage - (Carrier Princeton Excess and Surplus Lines Insurance Company) Other Significant Terms and Conditions/Restrictions: DESCRIPTION Difference in Conditions - TIV $153,006,824 Perils: DIC including Earthquake, Flood, EQSL Limits apply per occurrence and in the aggregate separately for the following: Earthquake/EQSL, Flood If excess - BO coverage applies only if all underlying carriers are including with no sublimits 65 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Other Significant Terms and Conditions/Restrictions: DESCRIPTION Unit is defined as: a) Each Separate Building or Structure b) Contents in each Separate Building or Structure c) Property in the Yard d) Business Income/Extra Expense Conditions:: Warrant All Risk Underlyer Drop Down clause applicable only to covered locations, perils and interests The exclusion for Flood Zones A, V & X500, X(Shaded), and B does not apply to the following locations: 1. 43200 Business Park Dr, Temecula, CA 2. 43230 Business Park Dr, Temecula, CA 3. 42081 Main St., Temecula, CA 4. 42049-51 Main St., Temecula, CA 5) 28300 Mercedes, Temecula, CA 6) 2 Arches at Old Town Temecula, Temecula, CA In addition, it is agreed that if there is any change in Flood Zone designations by FEMA to any other covered location under this policy we will agree to cover. This agreement is limited to changes in Flood Zone classifications made after the inception date of this policy. TRIA Premium Break up: The Princeton Excess and Surplus Lines Insurance Company $5,504. Hiscox Syndicate $7,339 Hudson Specialty Insurance Company $7,339 Ironshore Europe, Ltd. Ironshore Insurance Ltd. $7,339 General Security Indemnity Company of Arizona $9,173 Premium $73,386.00 Taxes Surplus Lines Tax - CA (3 %) Total Taxes $2,231.58 $2,231.58 Fees Stamping Fee - CA (0.2%) Catastrophe Analysis Fee - Fully Earned Total Fees $148.77 $1,000.00 $1,148.77 ESTIMATED PROGRAM COST $76,766.35 66 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Optional TRIA Premium $110,079.00 Taxes Surplus Lines Tax - CA (3 %) Total Taxes $3,332.37 $3,332.37 Fees Stamping Fee - CA (0.2%) Catastrophe Analysis Fee - Fully Earned Total Fees $222.16 $1,000.00 $1,222.16 ESTIMATED PROGRAM COST $114,633.53 67 City of Temecula Program Details Coverage: Crime Carrier: Travelers Casualty and Surety Co of America Policy Period: 7/1/2015 to 7/1/2016 COVERAGE Crime Coverage: DESCRIPTION OPTION 1 OPTION 2 Crime Insuring Agreements - Single Loss Limit of Insurance B - Forgery or Alteration F - Computer Crime - Computer Fraud $500,000 $1,000,000 - Computer Program and Electronic Data Restoration Expense G - Funds Transfer Fraud I - Claim Expense $500,000 $1,000,000 $500,000 $1,000,000 $500,000 $1,000,000 $5,000 $5,000 Government Entity Crime - Specified Limit for Faithful Performance or Duty (Except Police Officers or Other Peace Officers) $500,000 Government Entity Crime Coverage $1,000,000 - Employee Theft $500,000 Per Loss Coverage Deductibles/SIR: COVERAGE AMOUNT Crime Insuring Agreements - Single Loss Retention B - Forgery or Alteration F - Computer Crime Optionl Option 2 $5,000 $7,500 - Computer Fraud - Computer Program and Electronic Data Restoration Expense G - Funds Transfer Fraud $5,000 $7,500 $5,000 $7,500 Government Entity Crime Coverage - Employee Theft Per Loss Coverage Government Entity Crime and Retention for Faithful Performance or Duty (Except Police Officers or Other Peace Officers) $5,000 $7,500 $5,000 $7,500 $5,000 $7,500 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 68 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Endorsements include, but are not limited to: DESCRIPTION Crime Declarations Page CRI -2001-0109 Crime Policy Form CRI -3001-0109 Removal of Short -Rate Cancellation Endorsement ACF -7006-0511 Government Entity Crime Coverage Without Individual Exclusion Endorsement CRI -19001-1111 Statutory Bonded Officials - Excess Coverage Endorsement CRI -19027-0412 California Cancellation or Termination Endorsement CRI -5005-0810 Number of Days - 1 20 Number of Days - 2 60 Number of Days - 3 60 Additional Insureds Endorsement CRI -7028-0109 Government Entity Crime - Specified Limit and Retention for Faithful Performance or Duty (Except Police Officers or Other Peace Officers) Endorsement CRI -7135-0910 LTR -4000 Rev. 01-15 Exclusions include, but are not limited to: DESCRIPTION Third Party Employee Dishonesty Government Action Exclusion Accounting or Arithmetic Errors Voluntary Parting of Property Loss in which the existence of such loss is only proved by a profit and loss comparison or inventory records Any theft or criminal act committed by a partner of the insured Loss Due to Employee Dishonesty Date Related Losses Binding Requirements: DESCRIPTION Subject to Signed and dated application Other Significant Terms and Conditions/Restrictions: DESCRIPTION It is the agent's or broker's responsibility to comply with any applicable laws regarding disclosure to the policyholder of commission or other compensation we pay, if any, in connection with this policy or program Important Notice Regarding Compensation Disclosure Premium Option 1 $4,050.00 Premium Option 2 $5,502.00 69 City of Temecula Program Details Coverage: Crime Carrier: Hanover Insurance Company Policy Period: 7/1/2015 to 7/1/2016 COVERAGE Crime Coverage: DESCRIPTION LIMIT BASIS Employee Theft $1,000,000 Per Loss Forgery Or Alteration $1,000,000 Computer Fraud $1,000,000 Funds Transfer Fraud $1,000,000 Deductibles/SIR: COVERAGE AMOUNT Employee Theft - Per Loss $10,000 Forgery Or Alteration $10,000 Computer Fraud Funds Transfer Fraud $10,000 $10,000 DESCRIPTION LIMIT Add Faithful Performance of Duty Coverage for Gove Prior Theft or Dishonesty $1,000,000 / $10,000 deductible $10,000 Include Expenses Incurred to Establish Amount of Co $10,000 Funds Transfer Fraud - False Pretenses Endorsements include, but are not limited to: $100,000 / $10,000 deductible DESCRIPTION Government Crime Policy CR 00 26 05 06 Include Treasurers or Tax Collectors as Employees CR 25 12 08 07 All Include Chairperson and Members of Specified Comm CR 25 06 08 07 All Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 70 City of Temecula Program Details (Cont.) Endorsements include, but are not limited to: DESCRIPTION 06 05 06 Include Volunteer Workers other than Fund Solicitors CR 01 64 Add Faithful Performance of Duty Coverage for Gove CR 25 19 06 Include Expenses Incurred to Establish Amount of Co CR 25 40 08 07 Prior Theft or Dishonesty 181-1642 Funds Transfer Fraud - False Pretenses MNSCPT Delete Employee Exclusions 181-1515 State Endorsement CR 02 49 08 07 Exclusions include, but are not limited to: DESCRIPTION Third Party Employee Dishonesty Government Action Exclusion Accounting or Arithmetic Errors Voluntary Parting of Property Loss in which the existence of such loss is only proved by a profit and loss comparison or inventory records Any theft or criminal act committed by a partner of the insured Loss Due to Employee Dishonesty Date Related Losses Binding Requirements: DESCRIPTION Subject to receipt and satisfactory review of the following within 30 days of binding coverage: -have application signed and dated Premium ESTIMATED PROGRAM COST $4,122.00 OPTION DESCRIPTION LIMIT DEDUCTIBLE PREMIUM 1 Employee Theft $500,000 $5,000 Forgery Or Alteration $500,000 $5,000 Computer Fraud $500,000 $5,000 Funds Transfer Fraud $100,000 $10,000 Add Faithful Performance of Duty Coverage for Gove $500,000 $5,000 $2,705.00 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 71 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) OPTION DESCRIPTION LIMIT DEDUCTIBLE PREMIUM 2 Employee Theft $500,000 $5,000 $3,826.00 Forgery Or Alteration $500,000 $5,000 Computer Fraud $500,000 $5,000 Funds Transfer Fraud $500,000 $5,000 Inside The Premises — Theft of Money And Securities $25,000 $1,000 Inside The Premises - Robbery Or Safe Burglary of Other Property $25,000 $1,000 Outside The Premises $25,000 $1,000 3 Employee Theft $1,000,000 $5,000 $5,153.00 Forgery Or Alteration $1,000,000 $5,000 Computer Fraud $1,000,000 $5,000 Funds Transfer Fraud $1,000,000 $5,000 Add Faithful Performance of Duty Coverage for Gove $1,000,000 $10,000 4 Employee Theft $1,000,000 $5,000 $6,601.00 Forgery Or Alteration $1,000,000 $5,000 Computer Fraud $1,000,000 $5,000 Funds Transfer Fraud $1,000,000 $5,000 Inside The Premises — Theft of Money And Securities $25,000 $1,000 Inside The Premises - Robbery Or Safe Burglary of Other Property $25,000 $1,000 Outside The Premises $25,000 $1,000 Add Faithful Performance of Duty Coverage for Gove $1,000,000 $10,000 72 City of Temecula Program Details Coverage: Contractors Equipment Including Auto Physical Damage Carrier: Hanover Insurance Company Policy Period: 7/1/2015 to 7/1/2016 The following is a general summary of the Insuring Agreement. Refer to actual policy form for complete terms and conditions. Coinsurance or Agreed Amount: DESCRIPTION AGREED AMOUNT TOTAL All Covered Property Coverage: Vehicles $2,641,894 Contractors/Mobile Equipment $555,609 DESCRIPTION LIMIT BASIS Auto Physical Damage Catastrophe Limit — The most we pay for loss in any One occurrence for all Vehicles is: $10,000,000 Contractors' Equipment Coverage Maximum per item limit $1,000,000 Equipment leased from others $50,000 Equipment leased from others $50,000 Catastrophe Limit Deductibles/SIR: per item occurrence (Included in Auto PD Limit Above) COVERAGE AMOUNT Contractors' Equipment Coverage Rental Reimbursement Tools Additional Coverage: $5,000 Waiting period: 72 hours Per Schedule Attached DESCRIPTION LIMIT BASIS Auto Physical Damage - Coverage Extensions: - -Additional Debris Removal Expenses $25,000 Supplemental Coverages - Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 73 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Additional Coverage: DESCRIPTION LIMIT $500,000 BASIS -Newly Acquired and substitute Vehicles -Pollutant Cleanup And Removal $10,000 -Towing and Labor Costs $25,000 -Rental Reimbursement $500 per day / $10,000 max. Newly acquired vehicles covered up to $1,000,000 per unit Personal effects $1,000 per person Personal effects $10,000 per occurrence in a vehicle not subject to a special deductible (policy deductible applies). Contractors' Equipment Coverage - Coverage Extensions - Debris Removal 25% of the amount paid for the direct physical loss or damage but "we" will not pay more for loss to property and debris removal combined than the "limit" for the damaged property Additional Debris Removal Expense $25,000 Equipment leased or rented to others $50,000 Equipment loaned to others $50,000 Fraud and deceit $50,000 Waterborne $50,000 Supplemental Coverages - Construction Equipment $10,000 Any one Trailer Construction Equipment $50,000 Any one loss Employee Tools $10,000 Fire Department Service Charge $1,000 Pollutant Cleanup and Removal $25,000 Recharge of Fire Extinguishing $1,000 Rental Reimbursement $50,000 Reward for recovery of stolen equipment $1,000 Spare parts and fuel $10,000 Optional Coverages - Property loaned to others (Scheduled Contractors) $50,000 Tools - 74 City of Temecula Program Details (Cont.) Additional Coverage: DESCRIPTION LIMIT BASIS -Total tools $10,000 -Any one tool $5,000 Continuing Rental Or Lease Payments $25,000 Per occurrence - $5,000 Per item -Annual Limit $25,000 Personal effects $1,000 per person per occurrence in a vehicle not subject Personal effects $10,000 to a special deductible (policy deductible applies) Valuations: DESCRIPTION LIMITATIONS Replacement Cost Perils Covered: not to exceed 125% of SOV value - Contractors' Equipment Coverage. Auto Physical Damage TYPE DESCRIPTION Special Form Perils Endorsements include, but are not limited to: Auto Physical Damage - "All risk" subject to perils excluded DESCRIPTION Form: IM441-1075 01 09 Contractors' Equipment Coverage AAIS IM7002 Property loaned to others (Scheduled Contractors) IM7022 Tools Endorsement IM 7034 Continuing Rental Or Lease Payments IM 7038 Form IM441-1048 Exclusions include, but are not limited to: COVERAGE TYPE DESCRIPTION Inland Marine Inland Marine Cranes & Rigging Equipment Mechanical or Equipment Breakdown Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 75 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Exclusions include, but are not limited to: COVERAGE TYPE DESCRIPTION Inland Marine Inland Marine Binding Requirements: Auto Physical Damage - Perils Excluded: Civil Authority; Nuclear Hazard; War and Military Action; Contamination or Deterioration; Criminal, Fraudulent, Dishonest or Illegal Acts; Loss of Use; Mechanical Breakdown; Missing Property; Pollutants; Temperature/Humidity; Voluntary Parting; Wear and Tear; Weight of Load. Contractors' Equipment Coverage - Perils Excluded: Civil Authority, Nuclear Hazard; War and Military Action; Contamination or Deterioration; Criminal, Fraudulent, Dishonest or Illegal Acts; Loss of Use; Mechanical Breakdown; Missing Property, Pollutants; Temperature/Humidity; Voluntary Parting; Wear and Tear. DESCRIPTION Subject to provide us with the locations of any lots with values exceeding $5M, along with any information regarding security at those lots Subject to final values and schedules as of the renewal date. Subject to Toss activity to the renewal date Subject to Signed Rejection of Terrorism Insurance Coverage Other Significant Terms and Conditions/Restrictions: DESCRIPTION Auto Physical Damage - Covered property - Your vehicles and vehicles you have leased From others under a written lease contract Auto Physical Damage - Property Not Covered: Aircraft or Watercraft; Cargo; Communication Equipment; Contraband; Leased or Rented Property; Personal Effects; Mobile Equipment; Tools; Loaned Property; Suspended, Revoked, or Invalid License; Waterborne Property Auto Physical Damage - Annual adjustment at 50% of agreed rates - Replacement cost not to exceed 125% of SOV value; no age restriction. Other valuation terms are per expiring. - Coverage included for permanently installed communication equipment included in value of auto. Mobile equipment can be covered under a separate CE form for additional premium. Contractors' Equipment Coverage - Property covered Your contractors' equipment and equipment of others in your care, custody, or control Contractors' Equipment Coverage: Property not covered Aircraft or Watercraft; Contraband; Underground Mining Operations; Vehicles 76 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Other Significant Terms and Conditions/Restrictions: DESCRIPTION Contractors' Equipment Coverage: - Replacement cost not to exceed 125% of SOV value; no age restriction. Other valuation terms on form - This coverage is subject to annual adjustment. Once we receive the updated schedule for the coming year, we will use it to adjust premium on the expiring term - We may elect to provide loss control service to this account and would anticipate compliance with any essential recommendations Contractor's Equipment Premium Included Premium $ 7,386.00 ESTIMATED PROGRAM COST TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) $ 7,386.00 $203.00 77 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details Coverage: Excess Workers Compensation Carrier: New York Marine And General Insurance Co Policy Period: 7/1/2015 to 7/1/2016 DESCRIPTION LIMIT Specific Limit Employers Liability Limit Deductibles/SIR: Statutory $1,000,000 COVERAGE AMOUNT Specific Retention $500,000 States: DESCRIPTION STATE States Covered: States Excluded: CA OH, ND, WA, WY Exclusions include, but are not limited to: DESCRIPTION Owners or Officers Bodily Injury to an Employee While Employed in Violation of Law Bodily Injury Intentionally Caused by Insured Longshore & Harbor Workers' Act Federal Employers' Liability Act Assumptions under Contract Binding Requirements: DESCRIPTION Subject to Signed of - Policyholder Disclosure Notice Of Terrorism Risk Insurance Program Reauthorization Act Coverage - Receipt of completed and signed excess application within 30 days of binding. App currently on file is - Please sign and retum the attached Terrorism Disclosure. Same must be received within thirty (30) Subject to receipt of Require full implementation of safety/loss control program and retention of TPA, approved by New York - Require the attached Risk Management Supplement form to be completed and returned within 30 days 78 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Other Significant Terms and Conditions/Restrictions: DESCRIPTION Specific Excess & Aggregate Excess Workers' Compensation and Employers' Liability Final Premium will be at least and not less than the minimum premium stated above The Terrorism Charge is calculated separately and not included in the total rate above. It is subject to adjustment at audit. Applicable state endorsements plus other coverage additions/exclusions may apply. All other endorsements desired must be requested prior to binding and are subject to approval It is the understanding that there is no police and/or firefighter (paid and/or volunteer) exposure and said exposures are excluded in their entirety. Total premium includes Terrorism Charge $576 Premium $56,643.00 ESTIMATED PROGRAM COST Minimum Premium - (90% of Deposit) TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: Auditable Exposures: $56,643.00 $50,979.00 INCLUDED STATE CLASS CODE DESCRIPTION EXPOSURE RATE PER $100 Total Payroll $14,758,316 Excess Rate (per $100 of payroll) - 0.3799 79 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Coverage: Executive - Cyber & Internet Liability Carrier: Certain Underwriters at Lloyd's, London (Use LLOYD1) Policy Period: 7/1/2015 to 7/1/2016 COVERAGE FORM TYPE RETROACTIVE DATE PENDING & PRIOR LITIGATION DATE Cyber Liability Coverage: Claims Made 7/1/2015 DESCRIPTION LIMIT BASIS Limit Of Liability: -A. Each and Every Claim (including Claims Expenses) $1,000,000 -B. Aggregate (including Claims Expenses) $1,000,000 Sublimited as follows: aggregate including claims expenses Coverage: Coverage A - Privacy Liability (Including Employee Privacy) $1,000,000 Coverage B - Privacy Regulatory Claims Coverage $1,000,000 Coverage C - Security breach Response Coverage $1,000,000 Coverage D - Security liability $1,000,000 Coverage E - Multimedia Liability $1,000,000 Coverage F - Cyber Extortion $1,000,000 Coverage G - Business Income and Digital Asset Restoration - G1 $1,000,000 Coverage G - Business Income and Digital Asset Restoration - G2 $1,000,000 Coverage H - PCI DSS Assessment $100,000 Deductibles/SIR: COVERAGE AMOUNT Retention - (including claims expenses): Coverage A - Privacy Liability (Including Employee Privacy) - Each claim $15,000 Coverage B - Privacy Regulatory Claims Coverage - Each regulatory claim $15,000 Coverage C - Security breach Response Coverage - Each security breach $15,000 80 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Deductibles/SIR: COVERAGE AMOUNT Coverage D - Security liability - Each claim $15,000 Coverage E - Multimedia Liability - Each claim $15,000 Coverage F - Cyber Extortion - Each claim $15,000 Coverage G - Business Income and Digital Asset Restoration G1 $15,000 each claim / 12 hrs waiting period Coverage G - Business Income and Digital Asset Restoration G2 $15,000 each claim / 12 hrs waiting period Coverage H - PCI DSS Assessment - Each claim $15,000 Any Other Continuity or Specific Dates/Limits applicable to the Claims -Made Conditions: COVERAGE CONTINUITY DATE LIMITS CONDITIONS Cyber Liability Claims Made Coverage: Should you elect to change carriers (if a new retro -active date is provided) or non -renew this policy, a supplemental extended reporting endorsement may be available subject to policy terms and conditions. You must request the extended reporting period in writing to the carrier within (30) days of the expiration date. The cost of this extended reporting period is 100% of the annual premium and is fully earned. The extended reporting period extends only to those claims that occurred prior to the expiration date and would have been covered by the policy. Claims must be reported to the carrier within (365) days of the end of the policy period. The extended reporting period does not increase the limits of liability and is subject to all policy terms, conditions and exclusions. Definition of Claim: DESCRIPTION Claim means: 1. A written demand received by You for money or services, including the service of a civil suit or institution of arbitration proceedings; 2. Initiation of a civil suit against You seeking injunctive relief (meaning a temporary restraining order or a preliminary or permanent injunction); or 3. Solely with respect to Coverage B., a regulatory claim made against You. 4. A PCI DSS Assessment Incident or Claim Reporting Provision: DESCRIPTION Refer to attached policy form Extended Reporting Period (ERP) Options*: DESCRIPTION PREMIUM AMOUNT PREMIUM DUE DATE LENGTH Extended reporting period 100% within 30 days 1 Year *If ERP coverage is desired, then that request must be in writing to the carrier. 81 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Program Details (Cont.) Endorsements include, but are not limited to: DESCRIPTION Amended - SLC -3 (USA) NMA2868 (24/08/00) Short Rate Cancellation Endorsement (USA) - NMA 45 Several Liability Clause - LSW 1001 Premium Payment Clause - LSW 3001 Notice - LSW1147D Exclusions include, but are not limited to: DESCRIPTION Nuclear Incident Exclusion - NMA 1256 Radioactive Contamination Exclusion - NMA 1477 Sanction Limitation and Exclusion Clause - LMA 3100 Other Significant Terms and Conditions/Restrictions: DESCRIPTION Territorial Limits: Worldwide Choice Of Law: New York Premium $11,508.00 Surplus Line Tax- CA (3%) Stamping Fee- CA (0.2%) ESTIMATED PROGRAM COST Optional Coverages: Surplus Line Tax- CA (3%) $345.24 Stamping Fee- CA (0.2%) $28.77 $11,876.36 OPTION COVERAGE NEW LIMIT DED. OTHER PREMIUM TAX 1 Cyber Liability Yes Limits: Each and Every Claim (including Claims Expenses), Aggregate (including Claims Expenses): $2,000,000, $15,000 Sublimit: Aggregate including claims expenses Coverage,Security breach Response Cov, Security Liab, Multimedia Liab, Cyber Extortion, Business Income and Digital Asset Restoration - G1, G2: $2,000,000 $14,960.00 $448.80 $37.40 82 City of Temecula The estimated program cost for the options are outlined in the following table: iti g 0 0 w 0 z w 0 U w a' I I I Travelers Indemnity $38,224.00 I - Company (Travelers $38,224.00 - Group) Included - 1 1 1 1 1 1 1 1 ce d wix) 0 0 a oo, D 0 Q a> tri Om 0 RFs? The Travelers Indemnity $4,198.00 Company of CT $4,198.00 (Travelers Group) N/A Included $20,518.00 $20,518.00 N/A Included $15,795.00 $15,795.00 N/A Included OPTION 1 Travelers Property Casualty Co of America (Travelers Group) The Travelers Indemnity Company of CT (Travelers Group) The Travelers Indemnity Company of CT (Travelers Group) -ROGRAM ED COST $155,083.00 Umbrella Premium Travelers - Srchrg & Asmnt Indemnity $42,750.00 Total Fees Company - Estimated Cost (Travelers Group) - Annualized Cost TRIA Premium Law Enforcement Premium - Liability Srchrg & Asmnt Included above - Total Fees - Estimated Cost - Annualized Cost TRIA Premium Public Entity Premium - Management Liability Srchrg & Asmnt - Total Fees Included above - Estimated Cost - Annualized Cost TRIA Premium Included above - EXPIRING ESTI MAT Travelers Indemnity Company (Travelers Group) General Liability Premium Srchrg & Asmnt Total Fees Estimated Cost Annualized Cost TRIA Premium Premium Srchrg & Asmnt Total Fees Estimated Cost Annualized Cost TRIA Premium Public Entity Employment -Related Practices Liability thur J. Gallagher & Co, Insurance Brokers of CA., City of Temecula 0 J k § 0 Ci Ci z w 2 2 0 0 ce (i) 2 0 0 ce a q 0 0 ce a 0 0 2 gm� 00 0 § w 0< z2 F. w 3 \ \ E { 442 7/ \k0 O >0 co caD @ E_ k/\ ,0 § CNI .0 % $ k73. Included above ¥ 0 c 0 2 2 © 50 To 0 > >,E §y0)> 2� ® a)® ® i -[ E7 ;E/E7 ®7 % ! 2 E 3 E ® 4- i-oz0H 2 5 % 22°>` e = y \ To E e 0_ ; >E=Ec 2 = _ _ - E -070E- Business A k A < al TRIA Premium eL 2 0 § *� 2. G& 51)> E E 4 E— c 0 O0 00y 2\/ 7. 7cJ 2\® EwuOOz 0 <5== 0 c6 EY) e§\ I\ � 2 a Inland Marine TRIA Premium E co <\= o_ 2)1( w k /E 0 gE $<13�2 z®5a$2 27) mak} LC2m \\® City of Temecula 0 J § 0 Ci w Ci z w 2 2 0 0 Et 2 0 0 $208,125.00 $13,884.00 $222,009.00 N/A $5,000.00 $119,837.00 $3,601.11 $440.07 $123,878.18 $61,836.41 E7ECIyg d662w = coCD c e«,- Is R ma,- � e 2®®EA CO Zurich American Insurance Company Lexington Insurance Company (American International Group, Inc) Empire Indemnity Insurance Company (Zurich Group) CO < 4/ ^2 k\333 c- ==G\a*/E/(/-// \\7%/«0o=�=5 E/ x=®ELa0°cE/r¥°® ±=®%==02---0_©_ §/G�/:mcx\ ([f0f0ƒ0.tt0rkE2 $`=`_= Cy *==__� /�ƒ\f�g 0/�\12-0 $244,842.00 1 Included above - 0< z2 RR Xw w RAGE Premium Srchrg & Asmnt Total Fees Estimated Cost Annualized Cost TRIA Premium Property, Earthquake, 1 Premium EQSL, Flood Srchrg & Asmnt Total Fees Estimated Cost Annualized Cost TRIA Premium Difference In Premium Condition Taxes Srchrg & Asmnt Total Fees Estimated Cost Annualized Cost TRIA Premium Em2m16.;2E y§\±03/ 2H<a-0== I ®2232 _®§-< \ .4(7) j< LINE OF COV Equipment Breakdown ; 2 2 c/ k ( §k§ 2§,- CIQto City of Temecula 00 N_ N EA EA ago] 1•b9491'r 2 g 0ct0 0_ 111 (9Q z2 F. co xw w TRIA Premium 0 O M to to co co t!} Total Estimated Program Cost City of Temecula 29 c li 0 c 0 0 > \\ ) co ! §± 0 k - \ C 0 = - « \\ ~ ) / . 2 E T �2 7, #2 \ / §\ \1 -I ( _ \�) / \ o )§ k§ -G 2 \-t 1° � 0 // )(( G w 0 :$ E 2\ �— ; _� o J° \� §\\k� � o.. ��� // --,/77/�\ )w«-- k - CL 'a—) ��2_ g�>;oee 2W22o00=000. P_ 22==�ooee||§ eG =_ cooE \5e]9[[&//__. •- c o o D.J a a=« a_= a a w 0 0 o o w __ }# a\ : coo f 0 �/ c7) ti 0 01 - \ } \ -0 \ 2iF- 2= \-� �0 ~ c® \ \f = To To\\ \� {/jo } 22 3--_ 00 %|%2a _ 1 2 0 7|° 1\ § ( f f k 0 \ ! 2 2 0 2- - ( 0 0- 0- \& a- j-° 7§ 7 §/ 2 o o\ k,/ 2 | a ] 0 0 2 c .co o» =o � ` I -.2o k\ )k ��§/ � / oee o 2k= o- L/E�2%§% Ao ---° co tE=>=t ° |��§ /t �- «GGq ¥o [\/\// / () o}}/ - (/[� cc §(§ °= o��� /E °2£i0a F2 k \//\ %`3222o2-�J -oo /\ )m»°2222§/_ Joo =� f)��§§§(t# \d2! §2 cz7)0)°(in;\|§ o��` =) ]\�7))fE72 -- /\ ��\\|«3«e-3 |8-t = 7�%-.-<.-> 0 0— a ■ \ §////)QJN0Wo./««2 ° 00000000000_2222 \\ •,_, %%%\%\%%%%%®\\\\k 02 0.888000\\\\\\\\\\§ /\ . Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Payment Plans CARRIER LINE OF COVERAGE PAYMENT SCHEDULE PAYMENT METHOD Travelers Property Casualty Co of America Travelers Indemnity Company The Travelers Indemnity Company of CT Travelers Property Casualty Co of America General Liability Umbrella Law Enforcement Liability Public Entity Management Liability Public Entity Employment - Related Practices Liability Business Auto Auto Physical Damage Property Inland Marine Allied World Insurance Company (Allied World Assurance Group) Zurich American Insurance Company Liability - $150K Retention Agency Bill Payment Plan Options: (Installment Charge - None) - Full Payment - due at inception - 2 Pay - 50% due at inception, 50% due at 6th month - 4 Pay -25%due at inception, 25% due at 4th, 7th & 10th month Direct Bill Payment Plan Options: No service charge applies to policies with premiums of $25,000 or greater, except in Florida. - Full Pay - Lump Sum (Installment Charge - None) - 2 Pay (50% and 1), paid in full 6 months prior to expiration. (Semi - Annually) (Installment Charge - $6.00 per installment) - 4 Pay - (25% and 3), paid in full 2 months prior to expiration (Quarterly Billing) (Installment Charge - $6.00 per installment) Agency Bill Premium is due at inception, payable in 30 day Property including EQSL, and Equipment Breakdown Lexington Insurance Company (American International Group, Inc) Premium is due and payable within thirty (30) days of binding coverage Property, Earthquake, EQSL, Flood 'Zurich American Insurance Company Equipment Breakdown CNA The premium must be remitted within 30 days of effective date or 15 days from billing, whichever is later Agency Bill Agency Bill Agency Bill Agency Bill Equipment Breakdown Agency Bill Empire Indemnity Insurance Company (Zurich Group) Difference In Condition Agency Bill Arthur'. Gallagher & Co. Insurance Brokers of CA., Inc. 88 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Payment Plans (Cont.) `NeI11II: uI I*.]aii City of Temecula Changes / Developments It is important that we be advised of any changes in your operations that may have a bearing on the validity and/or adequacy of your insurance. The types of changes that concern us include, but are not limited to, those listed below: 1. Changes in any operation such as expansion to other states or new products. 2. Mergers and/or acquisition of new companies. 3. Any newly assumed contractual liability, granting of indemnities, or hold harmless agreements. 4. Circumstances which may require increased liability insurance limits. 5. Any changes in fire or theft protection, such as the installation of or disconnection of sprinkler systems, burglar alarms, etc. This includes any alterations to same. 6. Immediate advice of any changes to scheduled equipment such as contractors' equipment, electronic data processing, etc. 7. Property of yours that is in transit, unless we have previously arranged for the insurance. 8. Any changes in existing premises including vacancy, whether temporary or permanent, alterations, demolition, etc. Also, any new premises either purchased, constructed, or occupied. ❑ No Changes and/or Developments Signature: Title: Date: Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 90 City of Temecula Proposal Disclosures City of Temecula Proposal Disclosures The following disclosures are hereby made a part of this proposal. Please review these disclosures prior to signing the Client Authorization to Bind or e-mail confirmation. Proposal IMPORTANT: The proposal is an outline of certain terms and conditions of the insurance proposed by Disclaimer the insurers, based on the information provided by your company. It does not include all the terms, coverages, exclusions, limitations and/or conditions of the actual policy contract language. The insurance policies themselves must be read for those details. Policy forms for your reference will be made available upon request. We will not be operating in a fiduciary capacity, but only as your broker, obtaining a variety of coverage terms and conditions to protect the risks of your enterprise. We will seek to bind those coverages based upon your authorization; however, we can make no warranties in respect to policy limits or coverage considerations of the carrier. Actual coverage is determined by policy language, so read all policies carefully. Contact us with questions on these or any other issues of concern. Compensation One of the core values highlighted in The Gallagher Way states, "We are an Open Society," and our Disclosure open society extends to the compensation Gallagher receives. In general, Gallagher may be compensated as follows: 1. Gallagher Companies are primarily compensated from the usual and customary commissions or fees received from the brokerage and servicing of insurance policies, annuity contracts, guarantee contracts and surety bonds (collectively "insurance coverages") handled for a client's account, which may vary from company to company and insurance coverage to insurance coverage. As permitted by law, Gallagher companies occasionally receive both commissions and fees. 2. In placing, renewing, consulting on or servicing your insurance coverages, Gallagher Companies may participate in contingent and supplemental commission arrangements with intermediaries and insurance companies. Contingent commissions provide for additional contingent compensation if underwriting, profitability, volume or retention goals are achieved. Such goals are typically based on the total amount of certain insurance coverages placed by Gallagher with the insurance company and/or through the intermediary, not on an individual policy basis. Some insurance markets, including Gallagher -owned intermediaries, have modified their commission schedule with Gallagher, resulting in an increase in some commission rates. These additional commissions, commonly referred to as "supplemental commissions" are known as of the effective date, but some insurance companies are paying this commission later and apart from when commission is normally paid at policy issuance. As a result, Gallagher may be considered to have an incentive to place your insurance coverages with a particular insurance company. Note: Upon request, your Gallagher representative can provide more specific market information regarding contingent and supplemental commission related to your insurance coverage. 3. Gallagher Companies may also receive investment income on fiduciary funds temporarily held by them, such as premiums or return premiums. 4. Gallagher Companies may access other facilities, including wholesalers, reinsurance intermediaries, captive managers, underwriting managers and others that act as intermediaries for both Gallagher and other brokers in the insurance marketplace. Gallagher Companies may own some of these facilities, in whole or in part. If such a facility was utilized in the placement of a client's account, the facility may have earned and retained customary brokerage commission or fees for its work. 5. Gallagher assists its customers in procuring premium finance quotes and unless prohibited by law may earn compensation for this value added service. 6. From time to time, Gallagher may participate in insurance company promotional events or training and development that insurers provide for Gallagher employees. Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 92 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Proposal Disclosures (Cont.) 7. Gallagher strives to find appropriate coverage at a competitive price for our customers. In order to achieve these goals, we gather and analyze data about our customers and their insurance coverage. This data and the resulting analytical tools help us better understand the current marketplace, more accurately predict future trends and offer tailored solutions to our customers. The data may also be provided to insurers pursuant to consulting service agreements from which we earn fees. If you have specific questions about the compensation received by Gallagher and its affiliates in relation to your insurance placements, please contact your Gallagher representative for more details. In the event you wish to register a formal complaint regarding compensation Gallagher receives from insurers or third parties, please send an e-mail to Compensation_Complaints©ajg.com or send a letter to: Compliance Officer Arthur J. Gallagher & Co. Two Pierce Place, 20th Floor Itasca, IL 60143 TRIA/TRIPRA If this proposal contains options to purchase TRIA/TRIPRA coverage, the proposed TRIA/TRIPRA Disclaimer program may not cover all terrorism losses. While the amendments to TRIA eliminated the distinction between foreign and domestic acts of terrorism, a number of lines of coverage excluded under the amendments passed in 2005 remain excluded including commercial automobile, burglary and theft insurance; surety insurance, farm owners multiple perils and professional liability (although directors and officers liability is specifically included). If such excluded coverages are required, we recommend that you consider purchasing a separate terrorism policy. Please note that a separate terrorism policy for these excluded coverages may be necessary to satisfy loan covenants or other contractual obligations. TRIPRA includes a $100 billion cap on insurers' aggregate liability. The TRIPRA program increases the amount needed in total losses by $20 million each calendar year before the TRIPRA program responds from the 2015 trigger of $100 million to $200 million by the year 2020. TRIPRA is set to expire on December 31, 2020. There is no certainty of extension, thus the coverage provided by your insurers may or may not extend beyond December 31, 2020. In the event you have loan covenants or other contractual obligations requiring that TRIA/TRIPRA be maintained throughout the duration of your policy period, we recommend that a separate "Stand Alone" terrorism policy be purchased to satisfy those obligations. Property These property values were obtained using a desktop Property Estimator software operated by non - Estimator appraisal professionals. These property values represent general estimates which are not to be Disclaimer considered a certified appraisal. These property values include generalities and assumptions that may produce inaccurate values for specific structures. Actuarial The information contained in this proposal is based on the historical loss experience and exposures Disclaimer provided to Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc.. This proposal is not an actuarial study. Should you wish to have this proposal reviewed by an independent actuary, we will be pleased to provide you with a listing of actuaries for your use. 93 City of Temecula Insurance Company Ratings and Admitted Status PROPOSED INSURANCE COMPANIES A.M. BEST'S RATING ADMITTED / NON - ADMITTED Allied World Insurance Company A XV Admitted Argonaut Insurance Company A XII Admitted Empire Indemnity Insurance Company A+ XV Non -Admitted General Security Indemnity Co of Arizona A XV Non -Admitted Hanover Insurance Company A XV Admitted Hudson Specialty Insurance Company A XV Non -Admitted Ironshore Europe Limited A XIV Non -Admitted Ironshore Insurance Ltd. A XIV Non -Admitted Lexington Insurance Company A XV Non -Admitted Lloyd's Syndicate 33 A XV Non -Admitted New York Marine And General Insurance Co A IX Admitted Princeton Excess & Surplus Lines Ins Co A+ XV Non -Admitted The Travelers Indemnity Company of CT A++ XV Admitted Travelers Casualty and Surety Co of America A++ XV Admitted Travelers Indemnity Company A++ XV Admitted Travelers Property Casualty Co of America A++ XV Admitted Zurich American Insurance Company A+ XV Admitted CNA If the above indicated coverage is placed with a Non -Admitted Carrier, the carrier is doing business in the state as a surplus lines or non -admitted carrier. As such, this carrier is not subject to the same regulations which apply to an admitted carrier nor do they participate in any insurance guarantee fund applicable in that state. *The above A.M. Best Rating was verified on the date the proposal document was created. 'fest Ratings Rating Levefs and Categories imilaja,;OTi1l�sii]C1'immir-- Financial Size Categories (Pry SOI t? ofReparted Falicyhvlders' Surplus Pkts Conditional Reserve Funds) FSC I Up:_. ' ::0 FFv ,, 250,00Oto5OO,0:0 FSC , I I i .000 :: 2.700 F E.0 .. 500,000 to 750,000 -SC III t.:- : 5.770 FE - --- -- : -- --- FSC IV 5,':v_ ::.7,077 FSC An ' ::: ::::: .::.:00 FSC V 10,07:::25,070 FSC XIII :e:::: to 1,`-:::00 FSC VI 25,07::x• 50,000 FSC XIV :.: ::: toe,::: :: FSC VII 50..:::: a -70,000 FSC XV :::: ::: _, -,-.:-E FSC VIII ::,:-: ;:,250,000 Ai -r, A+ Superior A, A- Excellent 9++, 9+ 'Good 7E .,-- .,- ',I=-'; •_. ., - rieak : Fear Under R ulatory Super,/ is for F In Liquidation S Suspended Best's Insurance Reports published annually by A.M. Best Company, Inc., presents comprehensive reports on the financial position, history, and transactions of insurance companies operating in the United States and Canada. Companies licensed to do business in the United States are assigned a Best's Rating which attempts to measure the comparative position of the company or association against industry averages. A Best's Financial Strength Rating opinion addresses the relative ability of an insurer to meet its ongoing insurance obligations. It is not a warranty of a company's financial strength and ability to meet its obligations to policyholders. View the A.M. Best Important Notice: Best's Credit Ratings for a disclaimer notice and complete details at http://www.ambest.com/ratings/notice. Best's Credit Ratings are under continuous review and subject to change and/or affirmation. For the latest Best's Credit Ratings and Best Credit Reports (which include Best Ratings), visit the A.M. Best website at http://www.ambest.com. See Guide to Best's Credit Ratings for explanation of use and charges. Copies of the Best's Insurance Reports for carriers listed above are also available upon request of your Gallagher representative. Best's Credit Ratings reproduced herein appear under license from A.M. Best and do not constitute, either expressly or impliedly, an endorsement of (Licensee's publication or service) or its recommendations, formulas, criteria or comparisons to any other ratings, rating scales or rating organizations which are published or referenced herein. A.M. Best is not responsible for transcription errors made in presenting Best's Credit Ratings. Best's Credit Ratings are proprietary and may not be reproduced or distributed without the express written permission of A.M. Best Company. Gallagher companies use A.M. Best Company's rating services to evaluate the financial condition of insurers whose policies we propose to deliver. Gallagher companies make no representations and warranties concerning the solvency of any carrier, nor does it make any representation or warranty concerning the rating of the carrier which may change. Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 94 City of Temecula Insurance Company Ratings and Admitted Status (Cont.) GUIDE TO BEST'S FINANCIAL STRENGTH RATINGS A Best's Financial Strength Hating Is an independent opinion of an insurer's financial strength and ability to meet its ongoing insurance policy and contract obligations. The rating is based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. Best's Financial Strength Ratings Rating Descriptor Definition Secure A++, A- Superior Assigned to companies that have. in our opinion, a superior ability to meet their ongoing insurance obli- gallons. A, A -Excellent Assigned to companies that have. in our opinion. an excellent ability to meet their ongoing insurance obligations. B++, 8+ Good Assigned to companies that have, in our opinion a good ability to meet their ongoing insurance obliga- tions. aAssigned f� `0 = 7� B, B Fair Assigned to companies that have. in our opinion. a fair ability to meet their ongoing insurance oblige (ions. Financial strength is vulnerable to adverse changes in underwriting and economic conditions. C++, C+ Marginal Assigned to companies that have. in our opinion. a marginal ability to meet their ongoing insurance obli gations. Financial strength is vulnerable to adverse changes in underwriting and economic conditions. C, C- weak to companies that have, in our opinion, a weak ability to meet their ongoing insurance obliga- tions. Financial strength is very vulnerable to adverse changes in underwriting and economic conditions D Poor Assigned to companies that have, in our opinion, a poor ability to meet their ongoing insurance obliga- tions. Financial strength is extremely vulnerable to adverse changes in underwriting and economic con- ditions. E Under Regulatory Supervision Assigned to companies (and possibly their subsidiaries/affiliates) placed under a significant form of regulatory supervision, control or restraint including cease and desist orders. conservatorship or reha- bilitation, but not liquidation - that prevents conduct of normal, ongoing insurance operations. F In Liquidation Assigned to companies placed in liquidation by a court of law or by a forced liquidation. S Suspended Assigned to rated companies when sudden and significant events impact operations and rating implica- tions cannot be evaluated due to a lack of timely or adequate information: or in cases where continued maintenance of the previously published rating opinion is in violation of evolving regulatory require rents. Rating Modifiers Modifier Descriptor Definition �i Under Review Indicates the rating may change in the near term, typically within six months. Generally is event driven, with positive, negative or developing implications. l.xl Public Data Indicates rating assigned to insurer that chose not to participate in A.M. Best's interactive rating process. (Discontinued in 2010) Syndicate Indicates rating assigned to a Lloyd's syndicate. Rating Outlooks Irximcates potential direction of a Bests Financial Strength Rating over an intermediate teen. generally defined as 12 to 36 months. Positive Indicates possible rating upgrade due to favorable financial/market trends relative to the current rating level. Negative Indicates possible rating downgrade due to unfavorable financiaVmarket trends relative to the current rating level. Stable Indicates low likelihood of a rating change due to stable financial/market trends. Under Review Implications Indicates the potential direction of a Best's Financial Strength Rating that is in Under Review status based on information currently available. Positive Indicates there is a reasonable likelihood the company's rating will be raised ase result of A.M. Best's analysis of a recent event. Negative Indicates there is a reasonable likelihood the company's rating will be lowered as a result of A.M. Best's analysis of a recent event, Developing Indicates there is uncertainty as to the final rating outcome. but there is a reasonable likelihood the company's rating will change as a result of A M Best's analysis of a recermt. event. Not Rated Designation NR Assmgnad to companies that are net rated by A.M. Best. Rating Disclosure -A Best's Financial Strength Rating opinion addresses the relative ability of an insurer to meet its ongoing insurance obligations. The ratings are not assigned to specific insurance policies or contracts and do not address any other risk, including, but not limited to. an insurer's claims -payment policies or procedures; the ability of the insurer to dispute or deny claims payment on grounds of misrepresentation or fraud: or any specific liability contractually borne by the policy or contract holder. A Best's Financial Strength Rating is not a recommendation to purchase, holo or terminate any insurance policy, contract or any other financial obligation issued by an insurer, nor does it address the suitability of any particular policy or contract for a specific purpose or purchaser. In arriving at a rating decision, A.M. Best relies on third -party audited financial data and/or other information provided to it. While this information is believed to be reliable, A.M. Best does not independently verify the accuracy or reliability of the information. For additional details, sec A.M. Best's Terms of Use at wwwambest.corn. Best's Financial Strength Ratings are distributed via press release andror the A.M. Best website at wwwambest_com and are published in the Credit Rating Actions section of Bast's dourna$T". Best's Financial Strength Ratings are proprietary and may not be reproduced without permission. Copyright ® 2014 by A.M. Best Comparry, Inc. Version 080114 9BF T 95 City of Temecula Client Signature Requirements NOTICE: 1. THE INSURANCE POLICY THAT YOU ARE APPLYING TO PURCHASE IS BEING ISSUED BY AN INSURER THAT IS NOT LICENSED BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE CALLED "NONADMITTED" OR "SURPLUS LINE" INSURERS. 2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY REGULATION AND ENFORCEMENT THAT APPLY TO CALIFORNIA LICENSED INSURERS. 3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS PROMISED. 4. THE INSURER SHOULD BE LICENSED EITHER AS A FOREIGN INSURER IN ANOTHER STATE IN THE UNITED STATES OR AS A NON- UNITED STATES (ALIEN) INSURER. YOU SHOULD ASK QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OR "SURPLUS LINE" BROKER OR CONTACT THE CALIFORNIA DEPARTMENT OF INSURANCE AT THE FOLLOWING TOLL-FREE TELEPHONE NUMBER: 1-800-927-4357. ASK WHETHER OR NOT THE INSURER IS LICENSED AS A FOREIGN OR NON- UNITED STATES (ALIEN) INSURER AND FOR ADDITIONAL INFORMATION ABOUT THE INSURER. YOU MAY ALSO CONTACT THE NAIC'S INTERNET WEB SITE AT WWW.NAIC.ORG. 5. FOREIGN INSURERS SHOULD BE LICENSED BY A STATE IN THE UNITED STATES AND YOU MAY CONTACT THAT STATE'S DEPARTMENT OF INSURANCE TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. 6. FOR NON-UNITED STATES (ALIEN) INSURERS, THE INSURER SHOULD BE LICENSED BY A COUNTRY OUTSIDE OF THE UNITED STATES AND SHOULD BE ON THE NAIC'S INTERNATIONAL INSURERS DEPARTMENT (IID) LISTING OF APPROVED NONADMITTED NON-UNITED STATES INSURERS. ASK YOUR AGENT, BROKER, OR "SURPLUS LINE" BROKER TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. 7. CALIFORNIA MAINTAINS A LIST OF APPROVED SURPLUS LINE INSURERS. ASK YOUR AGENT OR BROKER IF THE INSURER IS ON THAT LIST, OR VIEW THAT LIST AT THE INTERNET WEB SITE OF THE CALIFORNIA DEPARTMENT OF INSURANCE: WWW.INSURANCE.CA.GOV. 8. IF YOU, AS THE APPLICANT, REQUIRED THAT THE INSURANCE POLICY YOU HAVE PURCHASED BE BOUND IMMEDIATELY, EITHER BECAUSE EXISTING COVERAGE WAS GOING TO LAPSE WITHIN TWO BUSINESS DAYS OR BECAUSE YOU WERE REQUIRED TO HAVE COVERAGE WITHIN TWO BUSINESS DAYS, AND YOU DID NOT RECEIVE THIS DISCLOSURE FORM AND A REQUEST FOR YOUR SIGNATURE UNTIL AFTER COVERAGE BECAME EFFECTIVE, YOU HAVE THE RIGHT TO CANCEL THIS POLICY WITHIN FIVE DAYS OF RECEIVING THIS DISCLOSURE. IF YOU CANCEL COVERAGE, THE PREMIUM WILL BE PRORATED AND ANY BROKER'S FEE CHARGED FOR THIS INSURANCE WILL BE RETURNED TO YOU. Date: Insured: 0-1 (Effective July 21, 2011) City of Temecula Client Authorization to Bind Coverage After careful consideration of Gallagher's proposal dated 5/1/2015, we accept the following coverage(s). Please check the desired coverage(s) and note any coverage amendments below: LINE OF COVERAGE CARRIER ❑ Accept ❑ Rect ❑ Accept ❑ R e_Oct Property TRIA Coverage Travelers Property Casualty Co of America (Travelers Group) ❑ Accept ❑ R e_Oct ❑ Accept ❑ Rect ❑ Accept ❑ Rect ❑ Accept ❑ Rect ❑ Accept ❑ R e_Oct ❑ Accept ❑ R e_Oct ❑ Accept ❑ Re_Oct ❑ Accept ❑ R e_Oct ❑ Accept ❑ Rect ❑ Accept ❑ R e_Oct ❑ Accept ❑ R e_Oct Property TRIA Coverage Zurich American Insurance Company Difference In Condition TRIA Coverage Empire Indemnity Insurance Company (Zurich Group) Difference In Condition - $25M xs $10M Opt# 1 - Difference in Conditions TRIA Coverage Princeton Excess & Surplus Lines Ins Co (Munich -American Holding Corporation) Lloyd's Syndicate 33 General Security Indemnity Co of Arizona Ironshore Europe Limited (Ironshore Insurance Ltd.) Ironshore Insurance Ltd. (Ironshore Insurance Ltd) Hudson Specialty Insurance Company (Fairfax Financial (USA) Group) Inland Marine TRIA Coverage Travelers Property Casualty Co of America (Travelers Group) Property, Earthquake -Earth Movement, Flood TRIA Coverage Lexington Insurance Company (American International Group, Inc) ❑ Accept ❑ Rect ❑ Accept ❑ Rect ❑ Accept ❑ Rect ❑ Accept ❑ R e_Oct ❑ Accept ❑ Rect ❑ Accept ❑ R e_Oct ❑ Accept ❑ R e_Oct ❑ Accept ❑ R e_Oct Crime - $500k TRIA Coverage Crime - $500k Opt# 1 - Crime TRIA Coverage Crime - $1 MM Opt# 1 - Crime TRIA Coverage Travelers Casualty and Surety Co of America (Travelers Group) Hanover Insurance Company (Hanover Insurance Companies) Hanover Insurance Company (Hanover Insurance Companies) Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 99 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Client Authorization to Bind Coverage (Cont.) LINE OF COVERAGE CARRIER ❑ Accept ❑ Accept ❑ Rect ❑ Rect ❑ Accept ❑ R e_Oct ❑ Accept R ject General Liability TRIA Coverage Business Auto TRIA Coverage Travelers Property Casualty Co of America (Travelers Group) The Travelers Indemnity Company of CT (Travelers Group) ❑ Accept ❑ Rect ❑ Accept ❑ R e_Oct Auto Physical Damage TRIA Coverage The Travelers Indemnity Company of CT (Travelers Group) ❑ Accept ❑ R e_Oct ❑ Accept [Reject Umbrella TRIA Coverage Travelers Indemnity Company (Travelers Group) ❑ Accept ❑ Accept ❑ Accept ❑ Accept ❑ R e_Oct ❑ R e_Oct ❑ R e_Oct ❑ R e_Oct Municipal Liability - $150K Retention Opt# 1 - Liability Opt# 2 - Liability TRIA Coverage Allied World Insurance Company (Allied World Assurance Group) ❑ Accept ❑ Rect TRIA Cannot be rejected ❑ Accept ❑ Rect Terrorism has been built in ❑ Accept ❑ R e_Oct ❑ Accept ❑ R e_Oct ❑ Accept ❑ R e_Oct Excess Workers Compensation TRIA Coverage Executive — Cyber & Internet Liability Law Enforcement Liability Opt# 1 - Security & Law Enforcement Services TRIA Coverage New York Marine And General Insurance Co (ProSight Specialty Group) Certain Underwriters at Lloyd's The Travelers Indemnity Company of CT (Travelers Group) ❑ Accept ❑ R e_Oct ❑ Accept ❑ R e_Oct ❑ Accept ❑ R e_Oct ❑ Accept ❑ Accept ❑ Accept ❑ R e_Oct ❑ R e_Oct ❑ R e_Oct Public Entity Management Liability Opt# 1 - Public Entity Management Liability TRIA Coverage Public Entity Employment - Related Practices Liability Opt# 1 - Employment -Related Practices Liability TRIA Coverage The Travelers Indemnity Company of CT (Travelers Group) The Travelers Indemnity Company of CT (Travelers Group) 100 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Client Authorization to Bind Coverage (Cont.) Producer/ Insured Coverage Amendments and Notes: Client Initials 101 City of Temecula Client Authorization To Bind Coverage It is understood this proposal provides only a summary of the details; the policies will contain the actual coverages. We confirm the values, schedules, and other data contained in the proposal are from our records and acknowledge it is our responsibility to see that they are maintained accurately. We agree that your liability to us arising from your negligent acts or omissions, whether related to the insurance or surety placed pursuant to these binding instructions or not, shall not exceed $20 million, in the aggregate. Further, without limiting the foregoing, we agree that in the event you breach your obligations, you shall only be liable for actual damages we incur and that you shall not be liable for any indirect, consequential or punitive damages. By: Date: Specify: owner, partner or corporate officer Print Name Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 102 City of Temecula Appendix City of Temecula Claims Reporting By Policy Direct Reporting Immediately report all claims for the following lines of coverage to Claims-sffa ajg.com, or the insurance carrier when information is provided below. ➢ Crime, Business Auto, Auto Physical Damage, Property, Inland Marine, General Liability, Umbrella, Law Enforcement Liability, Public Entity Management Liability, Public Entity Employment -Related Practices Liability • Travelers Group • Phone #: 800-238-6225 • Fax #: 860-954-2724 • Email- www.travelers.com ➢ Excess Workers' Compensation • New York Marine & General Insurance Company — per information on file ➢ Property, Difference In Conditions • Zurich American Insurance Company, Empire Indemnity Insurance Company (Zurich) • Phone#: 800-987-3733 • Fax#: 877-962-2567 • Email: USZ CareCentre@a2urichna.com ➢ Difference In Conditions • Princeton Excess & Surplus Lines Ins Co (Munich -American Holding Corporation) • Lloyd's Syndicate 33 • General Security Indemnity Co of Arizona • Ironshore Europe Limited (Ironshore Insurance Ltd.) • Ironshore Insurance Ltd. (Ironshore Insurance Ltd) • Hudson Specialty Insurance Company (Fairfax Financial (USA) Group)Phone#: • Email -Nancy Shelton@swett.com ➢ Crime - • Hanover Insurance Company • Phone #: 800-628-0250 • Fax #: 508-855-8078 ➢ Liability - $150 K Retention — to be provided prior to binding • Allied World Insurance Company ➢ Property, Earthquake, EQSL, Flood • Lexington Insurance Company • Phone#: 800-931-9546 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 104 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula Claims Reporting By Policy (Cont.) • Fax#: 866-947-4165 • Email: LexPrimaryFNOL©aig.com 105 City of Temecula Bindable Quotations & Compensation Disclosure Schedule Client Name: City of Temecula (• 0 w z O Oz Q Q> - El a w te w Ce w w Li - I— I— Z o ce z O O < co 2 w O J U WHOLES ESTI MATED ANNUAL COMM.% OR PREMIUM 1 FEE2 NAMES $82,305.00 0 % N/A Q z Q z Q z Q z Q Z Q Z Q z Q z Q z Q z Q z 0 co 0 co 0 O 0 O 0 O 0 O 0 co 0 O 0 co 0 O 17.5% 0 O co V N N e0 0) VI O 06 6) V fA $20,518.00 $15,795.00 $19,671.00 $11,643.00 $105,757.00 O V O 6) N EA $138,452.00 O V 1� 00 EH co O 1` V EA o (3) 0 O N N N ER CARRIER NAME(S) Travelers Property Casualty Co of America (Travelers Group) Travelers Indemnity Company (Travelers Group) The Travelers Indemnity Company of CT (Travelers Group) The Travelers Indemnity Company of CT (Travelers Group) The Travelers Indemnity Company of CT (Travelers Group) The Travelers Indemnity Company of CT (Travelers Group) The Travelers Indemnity Company of CT (Travelers Group) Travelers Property Casualty Co of America (Travelers Group) Travelers Property Casualty Co of America (Travelers Group) Allied World Insurance Company (Allied World Assurance Group) Zurich American Insurance Company Zurich American Insurance Company Lexington Insurance Company (American International Group, Inc) COVERAGE(S) CO 4) E D Law Enforcement Liability Public Entity Management Liability Public Entity Employment -Related Practices Liability Business Auto Auto Physical Damage Property Inland Marine Liability - $150K Retention Property including EQSL, and Equipment Breakdown Equipment Breakdown Property, Earthquake, EQSL, Flood Arthur" Gallagher & Co. Insurance Brokers of CA., Inc. City of Temecula O clJ clJ U clJ 4r cn cn0 cip0 ceS cip (04 E O Cl) O O a c••• 0 w z O Oz ce Q> - 0 z 0 z Yes WHOLESALER, MGA OR INTERMEDI ESTI MATED ANNUAL COMM.% OR PREMIUM 1 FEE2 NAMES COMMISSION %/ FEE $4 $119,837.00 0 % Swett & Crawford $73,386.00 0 % Swett & Crawford * Q z Q z Q z Q z Risk Placement Services $4,050.00 20 % $4,122.00 0 % 0 0 15 % 15% $7,386.00 0 0 m v (0 b9 0 0 co N- co CARRIER NAME(S) Empire Indemnity Insurance Company (Zurich Group) Princeton Excess & Surplus Lines Ins Co (Munich -American Holding Corporation) Lloyd's Syndicate 33 General Security Indemnity Co of Arizona Ironshore Europe Limited (Ironshore Insurance Ltd.) Ironshore Insurance Ltd. (Ironshore Insurance Ltd) Hudson Specialty Insurance Company (Fairfax Financial (USA) Group) Travelers Casualty and Surety Co of America (Travelers Group) Hanover Insurance Company (Hanover Insurance Companies) Hanover Insurance Company (Hanover Insurance Companies) New York Marine And General Insurance Co (ProSight Specialty Group) Certain Underwriters at Lloyds N w Qa> ce O U c 0 c o U 0 U N D c 0 La2 0 0 U N— c� a)x U N 2 N �� 0 E U 0 E U Contractors Equipment Including Auto Physical Damage Excess Workers Compensation Executive — Cyber & Internet Liability & Co. Insurance Brokers of CA., Inc. City of Temecula Bindable Quotations & Compensation Disclosure Schedule (Cont.) c & - c \ -Ec 0)C E / `\\ \ °0) \t/ - > - e= — 0 ®S2 @ / g\ / \ >� $ } c °«& \ k�� ( \ k \ c _2 [)0 \ § 2ƒ\ 0 9 co ` \ƒ% a o_ c o t=\ E \ ! \\\ \/) ® \c %_ /) \&\ ® g \ 2 2 .) § / \/\ )\E ±\# 0C. 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Item No. 9 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: June 23, 2015 SUBJECT: Approve the First Amendment to the Agreement with Rancho Community Reformed Church dba Community Mission of Hope to Extend the Term of the License Agreement for Use of the Escallier House and Barn to Provide Pantry Operations PREPARED BY: Erica Russo, Management Analyst RECOMMENDATION: That the City Council approve the Amendment to extend the current License Agreement for use of City Real Property between the City and Rancho Community Reformed Church dba Community Mission of Hope, a California non-profit corporation, until April 8, 2016 to provide continued pantry operations and homeless services. BACKGROUND: Community Mission of Hope assumed pantry operations services at the City Real Property generally known as the Escalier House at 28922 Pujol Street on April 8, 2014. The "Pantry," as it has become known, was charged by the Human Services Subcommittee with supporting the City's goal of eliminating homelessness and providing support to individuals and families in need through responsible compassion. Since that time, under the leadership of Director Steve Falk and working in close partnership with City Staff, Community Mission of Hope has continued to leverage its partnerships and resources to effectively execute the shared commitment to providing a "hand up" rather than a "hand out." This approach is consistent with the Quality of Life Master Plan's Core Values of A Healthy and Livable City, Economic Prosperity, and Accountable and Responsive City Government. To that end, Community Mission of Hope employs a three-tier strategy of Collaboration, Coordination, and Communication with all stakeholders to implement a multi- faceted approach which incorporates care for individuals' mental and physical health, social and spiritual support, and financial counseling in order to help each recipient find a path to self- sufficiency. FISCAL IMPACT: The City receives rent for the facility of $1 per year. ATTACHMENTS: First Amendment to License Agreement FIRST AMENDMENT TO LICENSE AGREEMENT BETWEEN CITY OF TEMECULA AND RANCHO COMMUNITY REFORMED CHURCH dba COMMUNITY MISSION OF HOPE FOR USE OF CITY REAL PROPERTY THIS FIRST AMENDMENT is made and entered into as of June 23, 2015 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Rancho Community Reformed Church dba Community Mission of Hope, a California non- profit corporation, (hereinafter referred to as "Licensee"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On April 8, 2014 the City and Licensee entered into that certain Agreement entitled "License Agreement for Use of City Real Property in the City of Temecula generally known as the Escalier House, located at 28922 Pujol Street, Temecula, California, and Escalier Barn located at 28916 Pujol Street, Temecula, California and identified as Assessor's Parcel Number 922-100-026 ("Subject Property"). b. The parties now desire to add scope of work, extend the term of the agreement to April 8, 2016 and to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "TERM OF THIS LICENSE" is hereby amended to read as follows: "Duration. The Term of this Agreement shall remain and continue in effect until April 8, 2016, with the option to renew for one (1) additional one (1) year terms at the discretion of the City Council, unless sooner terminated pursuant to the provisions of this Agreement. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA RANCHO COMMUNITY REFORMED CHURCH dba COMMUNITY MISSION OF HOPE (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor Scott Treadway, President ATTEST: By: By: Randi Johl-Olson, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney LICENSEE Dave Ketchem, Vice -President Rancho Community Reformed Church dba Community Mission of Hope Attn: Scott Treadway, President 31300 Rancho Community Way Temecula, CA 92592 2 Acting PM Initials. Date: 2014-15 Annual Performance Report: Community Mission of Hope ("The Pantry") The Community Mission of Hope, in partnership with the City of Temecula and other community organizations, operates the Pantry at Escalier House to support those in need within our community through a philosophy of responsible compassion consistent with the City's goal of eliminating homelessness and encouraging self-sufficiency. The services at this facility include food distribution, counseling, showers, laundry, mail, computer access, and referrals to other agencies. FOOD DISTRIBUTION: The Pantry provides food to those in need through four primary programs: 1. Ongoing "Fresh Rescue" food bags 2. One-time emergency non-perishable Family Food Boxes 3. Prepared breakfasts 4. Special Holiday Meals Fresh Rescue Food Bags: The Pantry currently has 1,690 registered clients, and provides "Fresh Rescue" food bags (including fresh produce, bread, bakery items, deli meats, tortillas, rice, chicken and beef) for over 1800 individuals/month and an average of 225 families/week. In 2014, clients made 8,016 repeat visits and received food bags that had a value of $363,622. The "Fresh Rescue" food is donated by area retailers and comprises food which has passed the retailer's policy for sale, but is still safe for human consumption. When funds permit, the Pantry distributes milk and eggs on Fridays. The seniors in particular really appreciate this, as many have limited access to a grocery store. Family Food Boxes: Families in need can request a one-time emergency food box from the Pantry (additional boxes are available from the Community Mission of Hope location on Enterprise Circle). These boxes are based on family size, and contain enough non- perishable food items to provide three meals per day for seven days. On average, fifty families per month receive these boxes. Some families are waiting for their unemployment or other government assistance; others are referred by churches, schools, or the police department. In addition to the food boxes, recipients can come to the Pantry for the Fresh Rescue Food Bags as long as they need. In 2014 we delivered food boxes to 552 families, which provided 1,138 individuals with 23,856 meals. The value of these boxes was $42,707. Breakfasts: Every Monday, Wednesday, and Friday local churches and volunteers serve breakfast to 20-25 non -permanent residents (homeless individuals). On average, 50 non -permanent residents per month come to the pantry for showers, laundry, clothing, and counseling. Special Holiday Meals: In addition to our monthly distribution we provide special meals holiday meals. In 2014, we provided the following special boxes, with a value of $42,130: • Thanksgiving - 289 food boxes to 762 individuals • Christmas - 266 food boxes to 693 individuals • Easter - 150 food boxes to 273 individuals Holiday turkeys and hams were donated by Pechanga Casino and the Assistance League of Temecula Valley. The total value of food donated to Community Mission of Hope in 2014 was $481,223. The Pantry also receives donated clothing and household goods, which are not assigned cash value. No one is asked for cash donations or charged in any way for the food they receive. The Pantry only requests a picture I.D. showing they live in Temecula or Murrieta and proof of income to verify compliance with grant -making agencies. ADDITIONAL SERVICES: In addition to the core service of Food Distribution, the Pantry also provides other key services to those in need. The Pantry serves an average of 25-30 non -permanent residents (homeless) per day (on average 50 unique clients/month) with critical services to encourage self-sufficiency and personal responsibility, including showers, laundry services, and clothing donations. Staff does laundry an average of three times per day, and clients are permitted 15 - minute showers. Community Mission of Hope augments these services with on-going counseling and referrals to other appropriate agencies for additional help. There is a counselor on site each day the Pantry is open. Non -permanent residents can receive their mail at the Pantry, and use the phone and computer to reconnect with their families. The Pantry also provides gas cards if they have transportation to leave the area, and Greyhound Bus tickets to return them to their families. Clients can also receive free haircuts, eye glasses at Lens Crafters, free dental care, prescription medications, free flu shots provided on site by the County, and other medical services. The Pantry's contributions to its clients' well-being are diverse and far-reaching; it has even paid for funerals. In 2014 the children of client families received 90 backpacks with all school supplies included. The supplies were collected at the 99 Cent Store by local Boy Scouts. At Christmas, 300 children received over 1600 toys at Christmas. These toys were collected by Toys 4 Tots, Temeku Theatre, and Coldwell Banker. At Easter, 90 young children received Easter baskets and their older siblings received bags of candy. DEMOGRAPHIC BREAKDOWN: The Pantry tracks the demographic information of its clients. The proportion of service recipients by age and race is roughly proportionate to the larger community. Clients by Category 20% 55% 25% Seniors Homeless Families Clients by Race White African-American Asian Other Hispanic COMMUNITY PARTNERS: Community Mission of Hope's success is due to extensive and effective networking with partners in the community. The food for distribution comes from numerous such partners, including • Produce from Rodriquez Farms, Valley Center • Bread and Bakery items from Starbucks and Costco • Deli Items from Fresh N Easy, Sprouts, Barron's • Chicken and Beef from Chipotle • Tortillas and Rice from Rosa's Tortilla Factory • Fruit from other local growers Other businesses donate fresh food items. Creekside Shell, Farmstead Market, Albertsons, Food 4 Less donate items as available. The Pantry also receives donations of food and clothing from on average 30 families, churches, and businesses per month. The LDS Church's Bishops Warehouse provides us with $1,000 per year of food items that we can pick out from their store. Community Mission of Hope partners Care Rite and People's Care provide jobs for special needs adults, who assist the Pantry by picking up and sorting groceries and other supplies. These individual are an important part of our program. Community Mission of Hope is proud of its many partnerships with other non-profit groups. We are members of Riverside County Continuum of Care and HOPO, a coalition of 20 pantries in southwest Riverside County. The Director of Community Mission of Hope is a member of its Board of Directors. The Pantry also has a good relationship with the administrators of the Emergency Food and Shelter Program, which provides consultation regarding their grants. Supervisor Chuck Washington's office supports the Pantry with an annual grant which can be used for any need that arises, and contributes additional monies for food. The Pantry is also grateful for the support of Opel Helewig, who visits and offers great moral support. Many businesses support the Pantry, including Pechanga, Toyota of Temecula, Abbott, Wells Fargo Bank, IPSSA, Kueblar Insurance, Nucomicron, Rancho Two -Way Radio, and Richie's Diner. Organizations that support the pantry include the Elks Club, Temecula Valley Assistance League, Temecula Valley High School "Bowls for Hunger" Linfield Christian Schools, Chamber of Commerce, and the Roripaugh Foundation. Eagles Wings, a Christian outreach program, donated our walk-in freezer and refrigerator. The Boy and Girl Scouts collect can goods during the year and at the holidays at Albertsons; they also collected cash and supplies from customers of the 99Cent Stores. Many area schools also do food drives for us, and we offer Community Service hours to the students. Students are closely supervised when on the Pantry premises; those under are required a parent stay with them. The Pantry also provides Community Service opportunities for those referred via the Courts. SUMMARY: No other agency in the Temecula area provides the level of assistance to the community that the Pantry provides. Being open three days a week (rather than a single day as many other operations) allows us to provide families with regular access to food. Additionally, the Pantry's mission is to provide a full suite of care in order to facilitate a path to self-sufficiency. To that end, the Pantry also provides access to counseling, hygiene, laundry, computers, mail, phone, medical services, clothing, and school supplies. In short, Community Mission of Hope aspires to provide a comprehensive "hand up" to those in need. It is important to note that Community Mission of Hope runs an all -volunteer program. Over 40 loyal volunteers work for the Pantry, and many have been volunteering for over 10 years. Together with the support of dedicated volunteers, partnerships with area businesses and non -profits, and support from the City of Temecula, Community Mission of Hope continues to fulfill its goal of supporting those most in need with a comprehensive program of responsible compassion. Item No. 10 Approvals City Attorney Finance Director City Manager -.! CITY COUNCIL AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: June 23, 2015 SUBJECT: Approve the Sixth Amendment to the Cooperation Agreement with the Friends of the Temecula Children's Museum to Extend the Term PREPARED BY: Tracy Frick, Museum Services Manager RECOMMENDATION: That the City Council approve the Sixth Amendment to the Cooperation Agreement with the Friends of Temecula Children's Museum to extend the term. BACKGROUND: Pennypickle's Workshop: Temecula Children's Museum complex is located on Main Street in Old Town Temecula. The museum building is a science education based facility with educational exhibits and interactive displays for children. The building includes a 1,000 square foot science focused children's gift shop. Since the opening of Pennypickle's Workshop: Temecula Children's Museum (formerly the Imagination Workshop: Temecula Children's Museum), the Friends of Temecula Children's Museum, a non-profit organization has successfully managed the operations of the gift shop. The Friends of Temecula Children's Museum has also successfully conducted educational programming in the Museum since inception. Proceeds from the gift shop have allowed for additional educational opportunities for the general public such as Friday night event programming, Monday Madness special sessions, supplies for science experiments, 10`h anniversary celebrations, Winter Wonderland special event programming and for contributions of items such as decor and furnishing for Santa's Cabin during Temecula Chilled celebrations. The Sixth Amendment to the original agreement will extend the term to June 30, 2017. FISCAL IMPACT: Other than gifts and services listed above, no impact to budget. ATTACHMENTS: 1 Sixth Amendment 2. Temecula Children's Museum Cooperative Agreement SIXTH AMENDMENT TO COOPERATION AGREEMENT BETWEEN CITY OF TEMECULA AND THE FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM FOR THE SUPPORT OF THE TEMECULA CHILDREN'S MUSEUM AND OPERATION OF THE CHILDREN'S MUSEUM GIFT SHOP THIS SIXTH AMENDMENT is made and entered into as of June 23, 2015 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Friends of the Temecula Children's Museum, a California Non -Profit Corporation, (hereinafter referred to as "Association"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On March 16, 2004, the City and Association entered into that certain Agreement entitled "Agreement for Cooperation Agreement between the City of Temecula and The Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop (Original Agreement). b. On July 11, 2006, the City and Association entered into the First Amendment to that certain Agreement entitled "Agreement for Cooperation Agreement between the City of Temecula and The Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop," to suspend the license fee for the Gift Shop so as to enable it to develop the business and establish its inventory. c. On July 24, 2007, the City and Association entered into the Second Amendment to that certain Agreement entitled "Agreement for Cooperation Agreement between the City of Temecula and The Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop," to extend the term of the agreement to June 30, 2010. d. On September 9, 2008, the City and Association entered into the Third Amendment to that certain Agreement entitled "Agreement for Cooperation Agreement between the City of Temecula and The Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop," to provide for further assistance in the design, renovation, fabrication and installation of exhibits at the Children's Museum. e. On November 9, 2010, the City and Association entered into the Fourth Amendment to that certain Agreement entitled "Agreement for Cooperation Agreement between the City of Temecula and The Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop," to extend the term of the agreement to June 30, 2013, and to revise Section 24 Notice, to notify Association of the Temecula City Hall address change and effective date. f. On January 22, 2013, the City and Association entered into the Fifth Amendment to that certain Agreement entitled "Agreement for Cooperation Agreement between the City of Temecula and The Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop," to add scope of work to provide for enhanced support of the Children's Museum, and to extend the term of the agreement to June 30, 2015. 1 g. The parties now desire to extend the term of the agreement to June 30, 2017, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 3 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2017 unless sooner terminated pursuant to the provisions of this Agreement. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Pro Tem Annette Brown, President/Treasurer ATTEST: By: By: Randi Johl-Olson, City Clerk APPROVED AS TO FORM: By: Alicen Wong, Secretary Peter M. Thorson, City Attorney ASSOCIATION Friends of the Temecula Children's Museum Attn: Annette Brown 42081 Main Street Temecula, CA 92590 951-308-6376 Phineas@pennypickles.org 3 LActing PM Initials{. Date: 0tk- FIFTH AMENDMENT TO "COOPERATION AGREEMENT BETWEEN THE CITY OF TEMECULA AND FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM FOR THE SUPPORT OF THE TEMECULA CHILDREN'S MUSEUM AND OPERATION OF THE CHILDREN'S MUSEUM GIFT SHOP" THIS FIFTH AMENDMENT to Cooperation Agreement is made and entered into as of January 22, 2013 by and between the City of Temecula ("City") and the Friends of the Temecula Children's Museum, a California non-profit corporation ("Association"). In consideration of the mutual agreements contained herein, the parties hereto agree as follows: 1. Recitals. This Fifth Amendment is made with respect to the following facts and for the following purposes, which each of the parties hereto acknowledge as true and correct: A. On March 16, 2004, the City and Association entered into that certain Agreement entitled: "COOPERATION AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM FOR THE SUPPORT OF THE TEMECULA CHILDREN'S MUSEUM AND OPERATION OF THE CHILDREN'S MUSEUM GIFT SHOP" ("Original Agreement"). B. On July 11, 2006, the City and Associated entered into that certain First Amendment ("First Amendment"). C. On July 24, 2007, the City and Association entered into that certain Second Amendment ("Second Amendment"). D. On September 9, 2008, the City and Association entered into that certain Third Amendment ("Third Amendment"). E. On November 9, 2010, the City and Association entered into that certain Fourth Amendment ("Fourth Amendment"). The Original Agreement, the First Amendment, Second Amendment, Third Amendment and Fourth Amendment shall be collectively referred to as the "Agreement". F. The parties now desire to amend the Agreement in order to provide for enhanced support of the Children's Museum by the Association through fundraising and to foster a collaborative working relationship between the City and Association with respect to program and exhibit development at the Children's Museum for the benefit of the children in Temecula as provided in this Fifth Amendment. G. As set forth in Section 1.a. of the Original Agreement, "Children's Museum" means the real property in the City of Temecula located at 42081 Main Street, Temecula, which is known as the Temecula Children's Museum. H. As set forth in Section 1.d. of the Original Agreement, "Premises" means the area of the Children's Museum to be used for the Children's Museum Gift Shop ("Gift Shop") is designated and described on Exhibit A to the Agreement. -1- 11086-0007 \ 1- 11086-0007\ 1521040v2 doc 2. Amendment of Section 2 of the Agreement. Section 2 of the Agreement is hereby amended to read as follows: "2. Grant of License. "a. City hereby grants to the Association a license to use the Premises and the Children's Museum for the purposes set forth in this Agreement and subject to the terms and conditions set forth in this Agreement. "b. Except as specifically provided in this Agreement to the contrary, Association shall have the exclusive right and obligation to use the Premises to operate a gift shop in the Children's Museum. Association shall not use the Premises for any uses other than those authorized for the Association in this Agreement without the prior written consent of the Director. "c. Association shall have the non-exclusive right to use the Children's Museum for fundraising and program activities in accordance with the terms of this Agreement." 3. Amendment of Section 3 of the Agreement. Section 3 of the Agreement is hereby amended to read as follows: "3. Term. Association may utilize the Premises from the date the City issues a certificate of occupancy for the Children's Museum until June 30, 2015 unless sooner terminated pursuant to this Agreement. " 4. Amendment of Section 5, 6, 7,and 8 of the Agreement. Sections 5, 6, 7, and 8 of the Agreement are hereby amended to read as follows: "5. Use of Premises as a Gift Shop. "a. Association shall use the Premises as a Gift Shop in the Children's Museum Building. "b. Association shall sell educational toys, gifts and other appropriate and engaging merchandise that enhances the educational and recreational goals of the Children's Museum. Association agrees that all merchandise for sale in the Gift Shop shall be of good quality and condition. City retains the right to require Association to discontinue sale or use of those items that the Director reasonably determines are not. of good quality, condition, or appropriateness, upon five (5) days prior written notice by the Director. "c. For sales tax purposes the point of sale for all merchandise related to the Children's Museum by the Association shall be the Children's Museum Property. "d. Association shall maintain at all times a minimum of ten thousand dollars ($10,000) in inventory for the Gift Shop. Upon Termination of this agreement, for any -2- 11086-0007\1521040v2.doc reason, all inventory and merchandise shall become the property of the City so as to enable the Gift Shop operations to continue. "e. Association shall also be authorized to sell convenience gift opportunities such as admission tickets on-line and memberships to the Children's Museum. Revenues from admission tickets and memberships sold by the Association on-line shall be retained by the Association and used for programs and exhibits for the Children's Museum. "f. Association shall staff the Gift Shop with employees or volunteers of the Association. No City employees shall be used to staff the Gift Shop. "g. The Premises has been improved with certain store fixtures, i.e. cash registers, point of sale computers, which fixtures are listed in Exhibit B to this Agreement, attached hereto and incorporated herein as though set forth in full ("Fixtures"). The Fixtures currently in place in the Gift Shop are the property of the Association. Association may use the Fixtures and shall be responsible for maintaining and repairing the Fixtures during the period it uses the Premises. New fixtures purchased with Association funds shall become the property of the City upon termination of this Agreement. "6. Special Events and Fundraising Activities of Association. for Children's Museum. "a. One of the purposes of the Association is to raise funds for the development and maintenance of exhibits and programs at the Children's Museum. Association shall be authorized to use the Children's Museum for fundraising activities for the direct benefit of the Children's Museum subject to the terms of this Agreement. "b. Association shall be responsible for the planning and operation of the following events at the Children's Museum: (1) special events that take place on Friday evenings, Mondays, any evening after 5:00 p.m., or any day that the Children's Museum is not normally open; (2) weekend specially -themed events; (3) birthday parties; (4) seasonal and holiday events; and (5) fundraising events for the Association ("Association Events"). "(I) Association shall plan and operate each Association Event with its employees or volunteers. City employees shall not participate in the planning or operation of Association Events, unless the event is jointly sponsored by the Association and the City. "(2) Association shall retain all revenues generated by Association Events and the admission fee that may be required of persons attending the Association Events. "(3). 11086-0007\1521040v2.doc Association shall not be required to obtain a City permit for an Association Event within the Children's Museum. City shall not charge Association a facility fee for any Association Event within the Children's Museum. Association acknowledges and agrees that it shall obtain all -3- permits that may be required by other governmental entities for Association Events. "(4) City shall include the Association Events and descriptions thereof in its Recreation Brochure. "(5) City shall retain revenue from regular admissions and field trips to the Children's Museum. "(6) Association shall solicit and maintain revenue from memberships to the Children's Museum. "c. As a 501(c)(3) tax exempt non-profit organization, Association will solicit and orchestrate sponsorships to help fund exhibits, events, and other opportunities to further the goals of the Children's Museum. "7. Collaborative Efforts by the City and the Association for Development of Exhibits and Programs for Children's Museum. "a. Representatives of the Association and the City Manager shall meet and confer regularly in a collaborative effort to further define and enhance the goals, direction, and focus of the Children's Museum and to develop programs and exhibits for the Children's Museum, which efforts shall include the following: 11086-0007\ 1521040v2. doc "(1) Inspirational direction to the Children's Museum; "(2) Focus on science & STEM based disciplines, and the themed storyline of the Professor and his Workshop; Train and inspire Association and City staff to concentrate on and promote the Children's Museum as the unique attraction that it is; "(4) Provide science training for Association and City staff; "(5) Determine appropriate levels of staffing by City, Association or a combination of both for operation of the Children's Museum; "(6) Development of new exhibits and refurbishment of existing exhibits, such as the 2013 technology exhibit and a life sciences exhibit; "(3) "(7) Development of new exhibit rooms and refurbishment of existing exhibit rooms; "(8) Development of programs for children complementing the exhibits and displays; -4- "(9) Provide for the maintenance and equipment upgrades for exhibits in the Children's Museum; "(10) Develop a capital improvement program for the Children's Museum; and "(1 1) Develop operational plans for the operation of the Children's Museum, its programs and exhibits. "b. As Representatives of the Association and the City Manager meet and confer concerning these issues, they shall cooperate in the development of action plans to implement goals, direction, focus, programs and exhibits for the Children's Museum. The action plans shall include: "(1) Description of the action item; "(2) Specific responsibilities of the staffs of the Association, City, or both for the implementation of the item;. "(3) "(4) "(5) "(6) Funding sources for the item; Association financial contribution to the item; City financialcontribution to the item; and Implementation schedule. "c. Following the meet and confer process., the City Manager is hereby authorized to approve and implement an action plan for goals, direction, focus, programs and exhibits for the Children's Museum, provided the costs to the City are within the City's Budget, or amendments thereto, as approved by the City Council. "d. The City Manager and a duly authorized representative of the Association are hereby authorized to enter into Operating Memoranda to implement the action plans. "e. Association shall use its funds to support the goals, direction, focus, programs and exhibits for the Children's Museum and the Gift Shop. "f. Association shall regularly expend its funds for the direct benefit of the Children's Museum, except for customary and reasonable reserves for a non-profit organization. "8. Financial Reporting. "a. Association shall submit to the City annual tax returns and financial reports filed with government agencies within ten (10) working days following the filing of such reports; provided, however, that the City -5- 11086-0007\1521040v2.doc Manager may accept the Association's 990 Forms if such forms provide comparable information. "b. Association shall account for all funds provided by the City to the Association for any purpose including, but not limited to, maintaining exhibits, designing and installing new exhibits, operating programs, and organizing Association Events in accordance with the following: "(1) Association shall provide an annual audited financial report, including a balance sheet, income statement, and budget to actual comparison for each fiscal year. "(2) These financial records shall be audited by an independent certified public accountant and shall include a report itemizing, by specific expense classification, how funds received from City were expended for necessary operations of the Children's Museum. The audited financial report shall be due to City no later than May 15th of each year. "(4) In addition, Association shall retain such records of expended City funds, together with supporting documents. for a period of three (3) years. Supporting documents shall include, but not be limited to, copies of invoices, receipts, and cancelled checks to support expenses made from City funds. Association shall maintain adequate records of expended City funds, provided in sufficient detail to permit an evaluation of services. Al!. such financial records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. City shall have the right to inspect this supporting documentation at any time during the three year retention period." 5. Amendments to Paragraphs 9, 10, 12, 13, 15, 18, 20, 22, and 23. Paragraphs 9, 10,12, 13, 15, 18, 20, 22, and 23 of the Agreement are hereby amended by deleting the words "Property" or "Premises" and substituting in their places the phrase "Children's Museum and Premises." Paragraph 16.d.(1) is hereby amended by deleting the word "City" and substituting in its places the phrase "City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency." 6. No Other Changes. Except as specifically provided herein, all other terms and conditions of the Agreement shall remain in effect and all provisions shall be deemed in effect during the term described in this Fifth Amendment. "(3) /// -6- 11086-0007\1521040v2 6- 11086-0007\1521040v2. doc IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM, INC., a California Non -Profit Corporation By:._ Name: Annette Brown Title: President By: Name: Aileen Wong Title: Secretary CITY OF TEMECULA ike Naggar Mayor ATTEST APPROVED AS TO FORM: L/-6)-e.--eZWA--79 Peter M. Thorson City Attorney DB 11(J86 -0007\1521040v2: doc -7- • II13111X3 • FOURTH AMENDMENT TO "COOPERATION AGREEMENT BETWEEN THE CITY OF TEMECULA AND FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM FOR THE SUPPORT OF THE TEMECULA CHILDREN'S MUSEUM AND OPERATION OF THE CHILDREN'S MUSEUM GIFT SHOP" THIS FOURTH AMENDMENT to Cooperation Agreement is made and entered into as of November 9, 2010 by and between the City of Temecula ("City") and the Friends of the Temecula Children's Museum, a California non-profit corporation ("Association"). In consideration of the mutual agreements contained herein, the parties hereto agree as follows: 1. Recitals. This Fourth Amendment is made with respect to the following facts and for the following purposes, which each of the parties hereto acknowledge as true and correct: A. On March 16, 2004, the City and Association entered into that certain Agreement entitled: "COOPERATION AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM FOR THE SUPPORT OF THE TEMECULA CHILDREN'S MUSEUM AND OPERATION OF THE CHILDREN'S MUSEUM GIFT SHOP" ("Original Agreement"). B. On July 11, 2006, the City and Associated entered into that certain First Amendment ("First Amendment"). C. On July 24, 2007, the City and Association entered into that certain Second Amendment ("Second Amendment"). D. On September 9, 2008, the City and Association entered into that certain Third Amendment ("Third Amendment"). The Original Agreement, the First Amendment, Second Amendment and Third Amendment shall be collectively referred to as the "Agreement". E. The parties now desire to amend the Section 3 Term, to extend the term, as well as, revise the Section 24 Notice, to notify Association of the Temecula City Hall address change effective date and amend the Agreement as set forth in this Amendment. 2. Amendment of Section 3 Term. Section 3 of the Agreement is hereby amended to read as follows: "3. Term. Association may utilize the Premises from the date the City issues a certificate of occupancy for the Children's Museum until June 30, 2013 unless sooner terminated pursuant to this Agreement. City may extend the term for two (2) additional one-year terms and no later than June 30, 2015. Association shall not be entitled to begin use of the Premises until all insurance documents required by Section 15 of this Cooperative Agreement have been duly completed and are on file with the City Clerk's Office. The City Manager is authorized to extend the term of this Agreement." 11086-0007\1265077v1 3. Section 24 of the Agreement entitled "Notice" is hereby amended to read as follows: "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: 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 43200 Business Park Drive Temecula, CA 92590 The City intends to relocate to a new City Hall on or about December 2010. Please call 951 694- 6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand -deliveries ONLY: Association Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Friends of the Temecula Children's Museum Attn: President 42081 Main Street Temecula, CA 92590 4. No Other Changes. Except as specifically provided herein, all other terms and conditions of the Agreement shall remain in effect and all provisions shall be deemed in effect during the term described in this Fourth Amendment. -2- 11086-0007\1265077v1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM, INC., a California Non -Profit Corporation By: Name: Patricia Comerchero Title: resi•ent �-- By: ,� V Name: ette Brown Title: Vice President/Secretary CITY OF TEMECUL Ron Roberts Mayor Pro -Tem ATTEST: APPROVED AS TO FORM: Peter M. Thorson City Attorney -3- 11086-0007\1265077v1 THIRD AMENDMENT TO COOPERATION AGREEMENT BETWEEN CITY OF TEMECULA AND FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM THIS THIRD AMENDMENT is made and entered into as of September 9, 2008 by and between the City of Temecula, a municipal corporation ("City") and the Friends of the Temecula Children's Museum, a California non- profit corporation ("Association"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: Section 1. Recitals. This Third Amendment is made with respect to the following facts and purposes that each of the parties acknowledges are true and correct; (a) On March 26, 2004, the City and Association entered into that certain Agreement entitled: "Cooperation Agreement Between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop" ("Original Agreement"). (b) On July 11, 22006, the City and Association entered into that certain First Amendment ("First Amendment"). (c) On July 24, 2007, the City and Association entered into that certain Second Amendment ("Second Amendment"). The Original Agreement, the First Amendment and the Second Amendment shall be collectively referred to as the "Agreement." (d) The parties now wish to further amend the Agreement to provide for further assistance in the design, renovation, fabrication and installation of exhibits at the Children's Museum. (e) The terms used in this Third Amendment shall have the same definitions as provided in the Agreement unless otherwise indicated. Section 2. Addition of Section 27 to Agreement, Funding for Development of Exhibits. Section 27, Funding for Development of Exhibits, is hereby added to the Agreement to read as follows: "27. Funding for Development of Exhibits. a. On or before September 30, 2008, City shall pay to the Association the sum of fifteen thousand dollars ($15,000.00) for the sole purpose of development, design, fabrication, v o 14 renovation and installation of exhibits for the children's museum pursuant to the terms of this section. b. Any persons who perform the work for the Association described in this section shall obtain general liability and worker compensation insurance in the amounts and subject to the terms described in Section 16. of the Agreement, including, without limitation, the naming of the City and the Association as additional insureds. c. Association shall notify the City of any work to be performed pursuant to this Section at least ten (10) days before the start of such work. d. No work involving the building or building systems of the Children's Museum Building shall be performed without the prior written approval of the Director of Community Services. e. All work on the exhibits shall be designed and installed in accordance with applicable safety and access standards for public facilities. f. Within thirty (30) days following completion of the work, Association shall submit copies of invoices, evidence of payment and such other documents as may reasonably be required by the Director of Finance to verify that the expenditures were made in accordance with this Agreement. g. Upon completion of the work on the exhibits, title to the work shall vest in the City. h. The funds distributed to the Association pursuant to this Agreement shall only be used for the public purposes described in Section 27.a. and shall not be used for the non-public, personal benefit of members of the Association or its Board of Directors." Section 3. General (a) This Third Amendment, together with the Agreement, constitutes the entire agreement between the parties pertaining to the subject matter thereof, and any and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Third Amendment together with the Agreement and shall be of no further force or effect. (b) Except as otherwise provided in this Third Amendment, all other terms of the Agreement remain in full force and effect. v IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CITY OF TEMECULA ---Pf—'%------- Michael S. Naggar Mayor ATTEST: usan on: s, MMC City C -r Peter M. Thorson City Attorney v FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM, INC., a California Non -Profit Corporation B / L- Name: Christina- amboa Title: Vice President Title: Secretary [Two signatures of corporate officers required.] v oil- qv • AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA AND FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM FOR THE SUPPORT OF THE TEMECULA CHILDREN'S MUSEUM GIFT SHOP THIS AMENDMENT NO. 2 is made and entered into as of July 24, 2007 by and between the City of Temecula, a municipal corporation ("City") and the Friends of the Temecula Children's Museum, a California non-profit corporation ("Association"). In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. This Amendment is made with respect to the following facts and purposes which each of the parties agrees to be true and correct: a. On March 16, 2004, the City and Association entered into that certain "Cooperative Agreement Between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop". b. On July 11, 2006, the City and Association entered into that certain "First Amendment to Cooperative Agreement Between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop". c. The Original License Agreement dated March 16, 2004, as amended by Amendment No. 1, shall be known collectively as the "Agreement." d. The parties now desire to amend the Agreement again in order to extend the term of the Agreement. 2. Section 3 of the Agreement is amended to read as follows: "3. Term. Association may utilize the Premises from March 16, 2004 until June 30, 2010 unless sooner terminated pursuant to this Agreement. Either party may terminate this Agreement for any reason by providing a sixty (60) day written notice of termination to the other party." 3. Except as otherwise set forth in this Third Amendment, all other terms of the License Agreement remain in full force and effect. http:llchagenda/sire/cache/821rrrotg55xnafw155rnoufz45!85121207232007105253693. doc • IN WITNESS WHEREOF, this Amendment No. 2 has been executed on behalf of the parties as of the date first written above. CITY 0 . TEMECULA huck Washington, ATTEST: yor a, Susan W. Jones, M , City Clerk Ae dr .,5 Approved as to Form: Pet -r M. Thorson, City Attorney FRIENDS OF THE TEMECULA CHILDEN'S MUSEUM 41981 Avenida Vista Ladera Temecula, CA 62591 Phone (951 699-6061 ktf-0(416,,ra,„0. Pitricia Comerchero, President Christina L. Veale -Gamboa, Vice -President R;ISIRE REPORTS ET ALIAdministration16-26-07 IW gift shop cooperative agmt Amendment 2.doc • • FIRST AMENDMENT TO "COOPERATIVE AGREEMENT BETWEEN CITY OF TEMECULA AND FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM FOR THE SUPPORT OF THE TEMECULA CHILDREN'S MUSEUM AND OPERATION OF THE CHILDREN'S MUSEUM GIFT SHOP THIS FIRST AMENDMENT is made and entered into by and between the City of Temecula, a municipal corporation ("City") and the Friends of the Temecula Children's Museum, a California non-profit corporation ("Association"), as of July, 11 2006. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. On March 16, 2004, the City and the Association entered into that certain agreement entitled: "Cooperative Agreement Between City of Temecula and Friends of the Temecula Children's Museum for the Support or the Temecula Children's Museum and Operation of the Children's museum Gift Shop" ("Agreement") b. Association has been operating the Gift Shop since the Children's Museum opened. c. Association now seeks a suspension of the license fee for the Gift Shop so as to enable it to develop the business and establish its inventory. 2. Suspension of License Fee. Section 4 of the Agreement is amended to provide that the payment and accrual of the license fee obligation for the Gift Shop is repealed effective as of June 27, 2006. 3. Remaining Provisions Not Affected. Except as specifically set forth herein, all other provisions of the Agreement shall remain in full force and effect. 1 4/12/00 museum.3 • • IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date first written above. (Signatures of two corporate officers is required) 4/12/00 museum.3 CITY OF TEMECU Ron Roberts Mayor APPROVED AS TO FORM: Peter M. Thorson City Attorney FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM, a California Non -Profit Corporation By: tC4, as2Y0 Name( Gff r ( C [ 4c *te r -C ite fib —t5{G124-- Title/ By: f Name: � -L — G g d 4 Title: r/ Gv %- c).ce wirori 2 i • COOPERATION AGREEMENT BETWEEN CITY OF TEMECULA AND FRIENDS OF THE TEMECULA CHILDREN' S MUSEUM FOR THE SUPPORT OF THE TEMECULA CHILDREN' S MUSEUM AND OPERATION OF THE CHILDREN'S MUSEUM GIFT SHOP THIS COOPERATION AGREEMENT is made and entered into by and between the City of Temecula, a municipal corporation ("City") and the Friends of the Temecula Children' s Museum, a California non-profit corporation ("Association") as of March 16, 2004. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The City is the owner of certain real property in the City of Temecula located at 42081 Main Street, Temecula, which is know as the Temecula Children' s Museum ("Children' s Museum"). The Childrens Museum is located in a structure, which has been renovated to accommodate the Children' s Museum and includes educational exhibits and interactive displays for children as well as a gift shop and includes plaza areas around the building. b. The Association warrants and represents to the City that it is a non- profit corporation duly incorporated and authorized to do. business in the State of California. Association is dedicated to promoting the Temecula Children' s Museum and raising funds to support the Children' s Museum, and its programs, services and exhibits. c. The City and Association desire to enter into this Agreement to provide the terms and conditions upon which Association will support the Temecula Children' s Museum and to operate a gift shop within the Children' s Museum Building. d. The area to be used for the Children' s Museum Gift Shop ("Gift Shop") is designated and described on Exhibit A. and shall be known as the "Premises." The area of the Children' s Museum Gift Shop shall be approximately one thousand (1000) square feet. Exhibit A. is attached hereto and incorporated herein by this reference as though set forth in full. e. As used in this Agreement, "Director" shall mean the Director of Community Services of the City of Temecula. 2. Grant of License. a. City hereby grants to Association a license to use the Premises, on the terms and conditions and for the uses hereinafter specified in this License Agreement. 757270.6 March 3, 2004 1 • b. Except as specifically provided hereinafter to the contrary, Association shall have the exclusive right and obligation to use the Premises to operate a gift shop in the Childrens Museum Building. Association shall not use the Premises for any other uses without the prior written consent of the Director. 3. Term. Association may utilize the Premises from the date the City issues a certificate of occupancy for the Children' s Museum until June 30, 2007 unless sooner terminated pursuant to this Agreement. City may extend the term for an additional three (3) year term. Association shall not be entitled to begin use of the Premises until all insurance documents required by Section 15 of this License Agreement have been duly completed and are on file with the Director. 4. License Fee. a. Association shall pay to the City a License fee of twelve percent (12%) of the Net Revenues of the Gift Shop, as defined herein, from the commencement of the License until June 30, 2005 ("License Fee"). Commencing July 1, 2005, Association shall pay to the City a License fee of fifteen percent (15%) of the Net Revenues of the Gift Shop from that date until June 30, 2007. b. The license fee shall be paid within thirty (30) calendar days of the end of each calendar quarter based upon the Net Revenues of the Gift Shop during the calendar quarter. Calendar quarters shall end on March 30, June 30, September 30, and December 31 of each year. c. Association shall keep complete and accurate records, in accordance with standard and customary retail business practices, of each transaction or receipt of revenue at the Gift Shop by means of cash register receipts or numbered receipts so as to allow accurate determination of the gross revenues, expenses and Net Revenue from which to calculate the License Fee. Association shall keep and secure all records relating to the Gift Shop, including but not limited to, cash register and revenue receipts, for three (3) years from end of the Association's fiscal year in which the record was prepared. The Association's revenue accounting procedures and documentation requirements shall be approved in writing by the City's Director of Finance prior to commencement of possession of the Premises. Any changes in the Association's revenue accounting procedures and documentation shall also be approved in writing by the City's Director of Finance prior to implementation. The City shall conduct annual financial and accounting reviews of the Gift Shop operations, including audits, at its sole cost and expense, to ensure proper accounting and compliance with the terms of this Agreement. d. As used in this License, "Net Revenues" shall mean all income or revenue of whatever kind and from any source received by the Association arising from the Association's operation of the Gift Shop, including but not limited to revenue from the sale of merchandise at the Gift Shop, less the operating expenses for the Gift Shop, including but not limited to, employee salaries and benefits, employer taxes, taxes and assessments, insurance, 757270.6 March 3, 2004 2 • • business supplies, equipment, accounting and bookkeeping expenses, fixtures, utilities, inventory expenditures, and such other customary and reasonable expenditures necessary for the efficient functioning of a retail gift store). e. The President of the Association and the Director of Finance of the City are authorized to enter into implementation agreements to establish accounting procedures and further specific definitions for determining Net Revenues and other matters affecting this License, provided the terms of such implementation agreements are not in conflict with the terms of this License. f. Association agrees that all other net revenue from the Gift Shop not paid to the City shall be used by the Association for the design and construction of displays or programs for the Children' s Museum. Association and Director shall work cooperatively in the planning of such displays or programs. Director shall approve such displays and programs prior to the expenditure of any such funds to implement the display or program, and President of the Association and the Museum Manager will meet on or before December 3151 of each year to determine where additional Gift Shop revenues may be used to support museum operations or programs. 5. Use Permits. This Agreement is not in lieu of obtaining a Use Permit or Outdoor Event Permit from the City for uses other than a Gift Shop. Association shall procure all permits and licenses required by the City of Temecula or other governmental entities to conduct special events for fundraising for the Children' s Museum. Except as provided in this Agreement, Association shall comply with all governmental rules, regulations, statutes, ordinances and conditions of approval of permits. Association agrees to pay all facility use fees applicable to its Use Permit, pursuant to such ordinances and resolutions of the City Council setting fees for use of City facilities. Association shall not be required to pay any City fees for regularly scheduled, twice per month corporate fund-raising events on the Property. The dates and times of this recurring event shall be scheduled annually by the Museum Manager. Association may obtain a temporary Alcoholic Beverage Control License for use of the Premises or Property, subject to any conditions imposed in the ABC permit and any permits issued by the City. 6. Sponsorships/Donations a. Association may solicit sponsorships for the Children's Museum. The sponsor and terms of the sponsorship, including, without limitation, signage, shall be approved in writing by the Director prior to the commencement of the sponsorship. The Director's approval shall not be unreasonably withheld. b. The City may solicit donations for specific events or programs. In the event the City receives unsolicited donations for the Children's Museum, the City shall hold these funds in dedicated account for the benefit of the Children's Museum. 757270.6 March 3, 2004 3 • 7. Fixtures. The Premises has been improved with: certain store fixtures, i.e. cash registers, point-of-sale software, computers, which are listed on Exhibit B., attached hereto and incorporated herein as though set forth in full. These fixtures are the property of the City. Association may use these fixtures, and will be responsible for maintaining and repairing said fixtures during the period it uses the Premises. New fixtures purchased with Association funds shall become the property of the City upon termination of this License Agreement. 8. Use of Premises; Merchandise. a. Association shall use the Premises only as a Gift Shop in the Children' s Museum Building. Association shall not interfere with the use and enjoyment of the portion of the Property outside the Premises. b. Association shall be authorized to sell educational toys, gifts and other merchandise that is appropriate for a Children's Museum Gift Shop. Association agrees that all sales of merchandise for sale in the Gift Shop shall be of good quality and condition. City retains the right to require Association to discontinue sale or use of those items the Director reasonably determines the condition of the merchandise or services are not of good quality, condition, or appropriateness, upon five (5) days written notice by the Director. For sales tax purposes, the point of sale for all merchandise shall be the Property. Association shall maintain at all times a minimum of ten thousand dollars ($10,000.00) in inventory for the Gift Shop. The City shall provide twenty thousand dollars ($20,000.00) towards the purchase of start-up inventory and merchandise for the Gift Shop. Upon termination of this Agreement, for any reason, all inventory and merchandise shall become the property of the City so as to enable the Gift Shop operations to continue. 9. Association Officers, Employees. Agents and Volunteers. Association will use its best efforts to insure that its officers, employees, agents and volunteers conduct themselves in a professional manner. Association shall insure that its officers, employees, agents and volunteers shall at all times conform to all applicable statutes, ordinances and regulations now applicable to the Property and the operation of the Gift Shop, including, without limitation, the mandatory fingerprinting of all employees and volunteers, at Association's expense, pursuant to state law. In the event of any conflict of between this Agreement and the City' s Park Ordinance and regulations, the Park Ordinance and regulations shall control. Association shall maintain a staff adequate to operate and administer all facilities located on the Premises in a safe and orderly manner. 10. Third Party Agreements. Association shall not, without the express, prior written consent of the Director enter into agreements with third parties concerning, among other things, advertising and signage at the Premises, operation of concessions, and sale of food, beverage, and concession items at the Premises. 757270.6 March 3, 2004 4 11. Damage Provisions. Association shall pay for the repair and/or replacement of any damaged structure, fixtures, equipment or facilities in areas occupied or used by Association, which are damaged through any act of Association, its officers, employees, agents, volunteers, subcontractors, and persons attending or participating in any Association event. 12. Liens. Association shall not directly or indirectly, create or permit to be created or to remain, and will promptly discharge, at its expense, any mortgage, lien, encumbrance, charge, or pledge of the Premises or fixtures or furnishings, or any part thereof. 13. Improvements. Repairs and Maintenance. Association shall make no substantial alteration or repair to the Premises without the prior written consent of the Director, including but not limited to carpentry, electrical, sewer, paving and painting. Association shall, at its sole cost and expense, repair and maintain in good order the interior of the Premises and the fixtures provided by the City. 14. Return of the Premises. Upon the termination of this Agreement, Association shall return the Premises in as good as condition and repair as the Premises now exist, reasonable wear and tear excepted. 15. Indemnification. To the maximum extent permitted by law, City shall not be liable for any loss, damages, or injury to person or property of any person occasioned by or arising out of any act of Association or of anyone holding under Association, nor the occupancy or use of the Premises or any part thereof by or under Association, nor directly or indirectly from any state or condition of said Premises or any part thereof during the term of this Agreement. Association shall defend, indemnify, protect and hold City and its officers, agents, volunteers, and employees harmless from any and all damages arising out of any act or omission of Association, its officers, employees, agents subcontractors, volunteers and persons attending Association events on the Premises, except as the same may arise from the City's sole negligence, gross negligence, recklessness, or intentional misconduct (or that of City's agents or employees). 16. Liability Insurance. Association shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the use of the Premises by Association, its agents, representatives, employees or sublicensees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as the following coverages and any updated insurance industry standard policies: (1) Insurance Services Office Commercial General Liability coverage provided on ISO -CGL Form No. CG 00 01 11 85 or 88. (2) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 757270.6 March 3, 2004 5 • • b. Minimum Limits of Insurance. Association shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The general liability policy shall include non -owned automobile liability insurance. (2) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Association shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Association; products and completed operations of the Association; premises owned, occupied or used by the Association; or automobiles owned, leased, hired or borrowed by the Association. The coverage shall contain no special (imitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Association's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Association's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Association'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. 757270.6 March 3, 2004 6 • (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. f. Verification of Coverage. Association 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 or ISO form CG 20 10 11 85.. All endorsements are to be received and approved by the City before use commences. As an alternative to the City's forms, the Association's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Association shall not be entitled to use the Premises until all required insurance documents are on file with the Director. g. Failure to Comply with Insurance Requirements. In the event the Association fails to submit the required documentation for insurance to the Director within the times required by this Agreement or the Director receives notice or is made aware of the termination of any required insurance policy, the Director may immediately suspend Association's right to use the Premises and shall cause a notice of default to be issued to the Association. 17. Assignment and Subletting. Association shall not assign its interest in this Agreement or in the Premises to any person or entity without first obtaining the Director's written consent. Any assignment or sublicense without the Director's prior written consent shall be voidable and, at the Director's election, shall constitute a default. 18. Default and Right to Terminate. a. This Agreement may be terminated by either party, for any reason, with or without cause, by providing two (2) months prior written notice of termination. b. If Association should fail to perform, keep or observe any of the terms, conditions or covenants as set forth in this Agreement, City shall give Association notice to correct the failure within said thirty (30) days, and if such action is not cured by Association within thirty (30) day period, Association shall be in default of this Agreement and Association's rights hereunder shall at the option of the City, be terminated and forfeited. Such election to terminate shall not be construed as a waiver of any claim the City may have against Association, consistent with such termination. If, however, any failure is of such nature that it cannot be physically remedied within thirty (30) days, except for the payment of money, and if Association shall have commenced the elimination of such failure promptly after the receipt of such notice, and shall continuously and diligently proceed in good faith to eliminate such default, then the 757270.6 March 3, 2004 7 • • period for correction shall be extended for such length of time as is reasonably necessary to complete such correction. The failure of Association to fund the necessary corrections shall not justify an extension of the time to cure beyond the initial 30 day period. c. Upon any termination of this Agreement, Association covenants and agrees to surrender and to forfeit this Agreement, and deliver up the Premises peaceably to the City immediately upon any such termination. If said Association shall remain in possession of said Premises after any termination of this Agreement, Association shall be deemed guilty of an unlawful detention of the Premises. d. Notwithstanding any other provision of this Agreement to the contrary, the City shall not be deemed to be in default until thirty (30) days after notice of default is given by the Association to the City. If such default cannot be cured within such thirty day period, the City shall not be deemed to be in default provided that, within such thirty (30) day period, the City shall commence and thereafter diligently prosecute efforts to cure the default. 19. Legal Remedies. Each party shall have all remedies as may be allowed by law or equity to enforce its rights in this Agreement. No legal action shall be filed by one party against the other party until such time as the other party has received the notice of default as provided in this Agreement. Any such action shall be filed in Riverside County, California. The prevailing party in a court action shall be entitled to reasonable attorney's fees and costs. 20. Use Restrictions. Association agrees to maintain the Premises in a clean and neat condition, free and clear of garbage and debris. No dumping, storage of hazardous or toxic waste, nor the maintenance of any nuisance, public or private, shall be permitted. No rights across any contiguous parcels are granted by this Agreement and Association agrees to secure all such required access at its sole cost and expense. 21. Utilities. City shall pay for electric, telephone, gas, trash and water service for the Premises. 22. Covenants for Non -Discrimination. The Association covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Premises, nor shall the Association itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, les- sees, subtenants, sublessees or vendees of the Premises. 23. Taxes; Assessments. Association shall pay when due all applicable federal, state, or local taxes, fees, charges, or assessments arising from Associations use of the Premises or operations upon the Premises, including, but not limited to, any possessory interest tax which may be imposed upon Association's use of the Premises. 757270.6 March 3, 2004 8 • • 24. Notice. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: City: CITY OF TEMECULA 43200 Business Park Drive Temecula, CA 92590 Attention: Herman Parker Director of Community Services Association: Friends of the Temecula Children's Museum 41981 Avenida Vista Ladera Temecula, CA 92591 Attention: President 25. Entire Agreement. This Agreement, and the documents attached hereto or mentioned herein, contain all of the agreements of the Parties hereto with respect to any matter covered or mentioned in this Agreement, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 26. Amendments. No provision of this Agreement may be amended or added to except by an agreement in writing, duly approved by the City Council and the Board of Directors of the Association. //// 757270.6 March 3, 2004 9 • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CITY OF TEMECULA r Michae S. N Mayor ATTEST: Peter M. Thorson City Attorney FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM, INC., a California Non -Profit Corporation By:- Nam-: ' Co wt2C cieso Titl By: Name: Title: 757270.6 March 3, 2004 10 • • EXHIBIT A DESCRIPTION AND DEPICTION OF PREMISES 757270.6 March 3, 2004 11 EXHIBIT "A" 4' LJ fl Li `.. • EXHIBIT B GIFT SHOP FIXTURES SUPPLIED BY CITY 757270.6 March 3, 2004 12 EXHIBIT 'B' The following items contained in Exhibit B shall be provided for gift shop operations. These items shall be maintained and repaired by the Association Children's Museum -r:'-'-' - -_-5:,:',.,:,..- y'p S - '' }.5.. . s �` S q �'r - ^..{A k.' .I i 2 Cash Registers 1 Credit Card Verification 2 hand held inventory scanner 2 Inventory management application - licensed software 1 Desktop PC - With XP Operating System 1 HP Printer . 1 Microsoft Office XP - Desktop Software License 1 Telephone 1 Desk v— yy • • CHILDREN'S MUSEUM LOGO AND IMAGES LICENSE AGREEMENT THIS LOGO LICENSE AGREEMENT is made and entered into as of March 16, 2004, by and between the CITY OF TEMECULA ("City") and FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM, a California non-profit corporation ("Licensee"). In consideration of their mutual covenants and promises contained herein, the parties agree as follows: 1. Grant of License. 1.1 On the terms and conditions stated in this Agreement, City hereby grants to Licensee and Licensee hereby accepts from City the exclusive right, license and privilege ("the License") during the Term to utilize the names "Imagination Workshop— The Temecula Children's Museum," "Professor Phineas P. Pennypickle," "Pennypickle," and their logos and images ("Property"), the images and descriptions of which is attached hereto as Exhibit A, and incorporated herein, upon and in connection with the manufacture, sale and distribution of the articles of merchandise ("Goods") approved by the City pursuant to Section 3 of this Agreement. Notwithstanding the license granted by this Agreement, City shall retain the right to use the Property for any purposes, including without limitation, the manufacture or sale of any goods or products during the Term of this Agreement. 1.2 Licensee shall be entitled to retain any royalties or income received from the merchandising or sub -licensing of the Property, provided that any such revenue is devoted to the promotion of the Temecula Children's Museum (including, without limitation, advertising, marketing or special promotional events for the Children's Museum Area) or to the improvement of public facilities within the Children's Museum Area as described in that certain Cooperation Agreement between the parties dated March 16, 2004 ("Cooperation Agreement"). 2. Term. The "Term" of this Agreement shall be same term as the term of the Cooperation Agreement and shall run concurrently with the Cooperation Agreement. This Agreement shall terminate if the Cooperation Agreement terminates for any reason. Similarly, if the term of the Cooperation Agreement is extended, the term of this Agreement shall be extended for the same period. 3. Quality Control. 3.1 Licensee shall not distribute or sell any Goods unless and until the nature, quality and style of the Goods as well as any carton, container, packing or wrapping material have been specifically approved in writing by the City Manager, whose approval shall not be unreasonably withheld, nor shall Licensee use any tag, label or similar item or any advertising, promotional or display material in connection with any Goods or bearing the Property, unless and until such items and materials have been specifically approved in writing by City Manager, whose approval shall not be unreasonably withheld. After samples have been approved pursuant to this section, no changes shall be made without the prior written consent in writing of City Manager, in 764254.2 March 3, 2004 1 his sole and absolute discretion. The City Manager may delegate this authority further to a City employee or committee. 3.2 Licensee acknowledges that the image of the Property requires that any Goods must be in good taste and meet high standards of quality. Because judgments of taste and quality may be subjective, Licensee agrees that the City Manager may grant or withhold any approval or consent required under this Section in his reasonable discretion. 3.3 Licensee shall cause all Goods to be manufactured, sold and distributed in accordance with all applicable federal, state and local laws. 4. Labeling. Licensee will cause to appear on each item of Goods and on or within all advertising, promotional or display material bearing the Property the notice "Copyright by City of Temecula - AH Rights Reserved" and any other notice requested by City Manager; and, where such item or advertising, promotional or display material bears a trademark or servicemark, appropriate statutory notice of registration or application for registration thereof. Should any items of Goods be marketed in a carton, container, packaging or wrapping material bearing the Property, such notice shall also appear on the carton, container, packaging or wrapping material. All tags, labels, imprints or other devices containing any such notice and all advertising, promotional or display materials bearing the Property shall be submitted to City Manager for his written approval prior to use by Licensee. Approval by City Manager shall not constitute waiver of City's rights or Licensee's duties under any provision of this Agreement. The City Manager may delegate this authority further to a City employee or committee. 5. City's Title and Protection. 5.1 Goodwill. Licensee acknowledges the value of the goodwill associated with the Property and acknowledges that the Property and all rights therein belong exclusively to City, and that the Property has a secondary meaning in the mind of the public. Licensee shall not during the Tenn or thereafter attack the title or any rights of City in and to the Property or attack the validity of the License. 5.2 Protection of Property. At the option of City, Licensee shall (i) assist City in the procurement of any protection or defense of any of City's rights in the Property, or (ii) on behalf of City cause to be filed all appropriate registration applications to protect the Property and the Merchandising Rights. Licensee shall take all actions necessary or appropriate to protect the Property and City's interests in the Property. 5.3 Enforcement of Rights. Licensee shall use its best efforts to detect and abate any unauthorized use of the Property by other parties. Unless otherwise directed by City, Licensee shall take all reasonable measures on behalf of itself and City to abate such unauthorized use. R:1McCarthC\Children's Museum\Logo Agreement 3-3-04.DOC 2 • • 5.4 Assignment of Rights by City. Nothing contained in this Agreement shall be construed as an assignment or grant to Licensee of any right, title or interest in or to the Property; all rights relating to the Property are reserved by City except for the License to use the Merchandising Rights only as specifically and expressly provided in this Agreement. Upon expiration or termination of the Term Licensee will be deemed to have assigned, transferred and conveyed to City any trade rights, equities, goodwill or other rights in and to the Property which may have been obtained by Licensee in pursuance of any endeavors under this Agreement (without consideration other than the mutual covenants and consideration of this Agreement); although such assignment, transfer and conveyance shall be deemed effective without the need for any action by Licensee, Licensee shall execute any instruments requested by City to evidence or confirm such assignment, transfer and conveyance. Licensee agrees that use of the Property by Licensee shall inure to the benefit of City and that Licensee shall not at any time acquire any rights in the Property by virtue of any use Licensee may make of the Property. 6. Indemnification of City. Licensee shall defend, indemnify and hold harmless City, the City Council and each member thereof, and City's officers, employees and agents (all collectively referred to as "Indemnitees") from and against any and all claims, demands, causes of action, damages, losses, liabilities and expenses (including attorneys' fees and costs of defense) incurred in connection with or resulting from the Goods or the use of the Property by Licensee. If any action or proceeding is brought against Indemnitees by reason of any such claim, Licensee upon notice from Indemnitees shall defend Indemnitees at Licensee's expense, by counsel reasonably satisfactory to Indemnitees. 7. Default; Termination. 7.1 The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by Licensee: (A) The failure by Licensee to observe or perform any of the other covenants, conditions or provisions of this Agreement to be observed or performed by Licensee, where such failure shall continue for a period of 30 days after written notice thereof by City to Licensee; provided, however, that if the nature of the default is such that more than 30 days are reasonably required for its cure, then Licensee shall not be deemed to be in default if Licensee commences such cure within the 30 -day period and thereafter diligently prosecutes such cure to completion; or (B) the making by Licensee of any general assignment or general arrangement for the benefit of creditors; the filing by or against Licensee of a petition to have Licensee adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Licensee, the petition is dismissed within 60 days); or the appointment of a trustee or a receiver to take possession of substantially all of Licensee's assets or of Licensee's interest in this Agreement, where possession is not restored to Licensee within 30 days; or the attachment, execution or other judicial seizure of substantially all of Licensee's assets or of Licensee's interest in this Agreement, where such seizure is not discharged within 30 days. R:1McCarthC\Children's Museum\Logo Agreement 3 -3 -04 -DOC 3 • • 7.2 In the event of any such default or breach by Licensee, or for any reason whatsoever, City Manager may terminate this Agreement, in his sole and absolute discretion, with or without notice or demand and without limiting City in the exercise of any other right or remedy which City may have by reason of a default or breach. 8. No City Warranties. City has made and makes no warranties or representations on which Licensee has relied in entering into this Agreement. Without limiting the generality of the foregoing sentence, City specifically has made and makes no warranties or representations regarding the amount of expenses Licensee will incur in performing its obligations under this Agreement, and the amounts of revenue that Licensee will derive under this Agreement. 9. Notices. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and shall be deemed given as of the time of hand delivery to the addresses set forth below, or three days after deposit into the United States mail, postage prepaid, by Registered or Certified mail, Return Receipt Requested. Unless notice of a different address has been given in accordance with this section, all such notices shall be addressed as follows: If to City, to: If to Licensee, to: City of Temecula 43200 Business Park Drive Temecula, CA 92590 Attn: City Manager Friends of the Temecula Children's Museum 41981 Avenida Vista Ladera Temecula, CA 92591 Attn: President 10. Integrated Agreement; Modification. This Agreement contains all agreements of the parties relating to the Property, the Merchandising Rights and the License, and cannot be amended or modified except by a written agreement. 11. Waiver. No delay or omission in the exercise of any right or remedy of City on any default by Licensee shall impair such right or remedy or be construed as a waiver. Any waiver by City of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. R:1McCarthC\Children's Museum\Logo Agreement 3-3-04.DOC 4 • 12. Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. 13. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. 14. Relationship of Parties. City shall not become or be deemed a partner or a joint venturer with Licensee by reason of the provisions of this Agreement, nor shall either party have any authority to obligate or bind the other in any respect, it being intended that each party shall remain an independent contractor responsible for its own actions. 15. Captions. The captions of this Agreement shall have no effect on its interpretation. R:1McCarthC\Children's Museum\Logo Agreement 3-3-04.DOC 5 • 1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF TEMECULA ("City") 4/tAl'\ Michael Naggar Mayor ATTEST: R:1McCarthC\Children's Museum\Logo Agreement 3-3-04.DOC Peter M. Thorson City Attorney LICENSEE FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM, INC., a California non-profit corporation. By: Nam.: Fat-c`tCiu CovvlacLLe O Title {V I- y� � A.excluv By: Name: Title: • Exhibit A • FRIEN-5 CP ID: DE '`4*-- RG' CERTIFICATE OF LIABILITY INSURANCE DATE( 1 01/20120131} 3 TYPE OF INSURANCE THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. S WVfD IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). POLICY EFF IMMIDDM'YY1 PRODUCER Strachota Insurance Agency Inc Q Califomia License #0249673 ! 0 V 27710 Jefferson Ave. #100 V Temecula, CA 92590 FFR Deena Hemme `V ,r 2 2014 CONTACT NAME: Deena S. Hemme B PHONE FAX ,vc Nc,Exo: 951-676-2229 (Arc,No): 951-676-7391 LIABILITY COMIdERCIAL GENERAL LIABILITY �X IL REss: 72SBARB8212 INSURER(S) AFFORDING COVERAGE NA1C i URERA:Sequoia Insurance 22985 f4--, INSURED Friends of the Temecula PURL Children Museum / ,7�S/�Mtj 42081 Main St. Temecula, CA 92590 INSURER B:The Hartford 29424A I ', INSURER C: X OCCUR v INSURER D: $ 10,000 INSURER E : PERSONAL & ADV INJURY $ 1,000,000 INSURER F : GENERAL AGGREGATE COVERAGES CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AUUL INSR S WVfD POLICY NUMBER POLICY EFF IMMIDDM'YY1 POLILrbXP JMMtDOryYYY) LIMITS B GENERAL X LIABILITY COMIdERCIAL GENERAL LIABILITY �X 72SBARB8212 05/1012013 05/10/2014 / / EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence) $ 300,000 CLAIMS•MADE X OCCUR v MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEM_ AGGREGATE LIMIT APPLIES PER: POLICY PRS n LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALLWN D HIRED AUTOS — AUTOS SCHEDULED NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJJRY (Par accident) $ PROPERTY DAMAGE (PER ACCIDENT) $ $ UMBRELLALIAB EXCESS LIAB — OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ 1$ A WORKERS COMPENSATIONWC AND EMPLOYERS' LIABILITY ANYIPROPRIETO�EXCLUDEE CUTIVE Y1N (Mandatary In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 2346067 11/22/2013 11/22/2014 / / STATU- X TORY LIMITS I OTH- ER E L EACH ACCIDENT $ 1,000,000 E L DISEASE - EA EMPLOYEE $ 1,000,000 E DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATI $ 1 LOCATIONS! VE ES (AKach ACORD 101, Addldonal Remarks Schedule, if more space Is required) The City of Teiaecula, Suc ssor Agency to the Temecula Redevelopment Agency, anf the Temecula Co y Services District, thei3✓6fficers, officials, employees and volunteers are included as addition insured regarding the _ generalliability policy per endorsement to be issued by carrier. CERTIFICATE HOLDER CANCELLATION The City of Temecula Attn: Finance Dept. 41000 Main Street Temecula, CA 92590 f%CITOFTE DO 1,111-f ti SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) O 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 72 SBA RB8212 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION LOC 001 BLDG 001 THE CITY OF TEMECULA, REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA COMMUNITY SERVICES DISTRICT, THEIR OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ATTN: FINANCE DEPT. PO BOX 9033 TEMECULA, CA 92589-9033 Form IH 12 00 11 85 T SEQ. NO. 002 Printed in U.S.A. Page 001 Process Date: 12/05/13 Expiration Date: 05/10/14 7 ® Rn CERTIFICATE OF LIABILITY INSURANCE FRIED 5 DATE (MM/DD/YYYY) 08/31/10 PRODUCER Strachota Insurance Agency Inc California License #0249673 43500 Ridge Park Drive #203 Temecula CA 92590 Phone: 951-676-2229 Fax: 951-676-7391 THIS CERTIFICATE IS ISSUED AS A MATTER ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE POLICIES F INFORMATION CERTIFICATE EXTEND OR BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Friends of the Temecula Childrens Museum dba Pennypick 42081 Main St. Temecula CA 92590 I INSURER A: The Hartford INSURER B: Star Insurance Company X INSURER C • LIABILITY • COMMERCIAL GENERAL LIABILITY INSURER D: 05/10/10 INSURER E: EACH OCCURRENCE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED.OR MAY PERTAIN, THE INSURANCE -AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CITOFTE. ')NSR LTR ADD'L NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YYYY) POLICY EXPIRATIONMI DATE (MDD/YY1'Y) LIMITS A X GENERAL X LIABILITY • COMMERCIAL GENERAL LIABILITY 72SHABB8212 05/10/10 05/10/11 EACH OCCURRENCE $ 1000000 / UAMAUt IU I-‹ NI tU PREMISES.(Ea occurence) $ 300000 CLAIMS MADE OCCUR MED EXP (Any one person) $ 10000 PERSONAL &ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 2000000 POLICY:• PRO- LOC JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS - HIRED AUTOS NON -OWNED AUTOS - - COMBINED SINGLE LIMIT (Ea_accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY. DAMAGE (Per accident) • $ • GARAGE LIABILITY • ANY AUTO AUTO ONLY - EA ACCIDENT . $ OTHER THAN EA ACC • $ AUTO ONLY: AGG $ • EXCESS / UMBRELLA LIABILITY IOCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ - EACH OCCURRENCE $ AGGREGATE $ $ $ - $ B WORKERS COMPENSATION - AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? .(Mandatory In NH) If yes. describe under SPECIAL PROVISIONS below WCMSTR0507997 08/01/10 08/01/11 WL IAIU- - OIH- X TORY LIMITS ER / E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE - POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Temecula', Redevelopment Agency of' the City of Temecula, and Temecula Community Services District, their officers, officials, employees and volunteers are named as additional insured regarding the general liability policy per endorsement to be issued by carrier. .*Except for nonpay then 10 days. CERTIFICATE HOLDER CANCELLATION /�/ /j i ///0 The City of Temecula Attn: Finance Dept. P.O. Box 9033 Temecula CA 92589-9033 CITOFTE. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE: THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO. THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A ORIZED REPRESENTA ' ci\, 13 -3-.- ACORD 25 (2009101) 0 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0 -Lfy ACORD, CERTIFICATE OF LIABILITY INSURANCE OP ID VC FRIEN-5 DATE (MMIDD!VYYY) 07/10/08 PRODUCER Strachota Insurance Agency Inc California License #0249673 43500 Ridge Park Drive #203 Temecula CA 92590 Phone:951-676-2229 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Fax: 951-676-7391 INSURERS AFFORDING COVERAGE NAIC # INSURED Friends of the Temecula Childrens Musem dba Pennypickl 42081 Main St. Temecula CA 92590 INSURER A: INSURLR i3: INSURER C: INSURER D' Pennsylvania Mfg Assoc Ins Co INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TNSWADITLI LTR INSR TYPE OF INSURANCEDATE POLICY NUMBER POI IV (MM/DDlYY) ' • "I' • ISN DATE {MMIDD!YY] LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ KEN EU PREMISE 1,-, occurencel PREMISES (Ea $ CLAIMS MADE OCCUR MED EXP (Any one person) 5 PERSONAL & ADV INJURY $ GENERAL AGGREGATE 5 GEN'L AGGREGATE LIMIT APPLIES PER' 1 POLICY PRO- LOC )ECT PRODUCTS - COMP(OP AGG 5 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT {Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accirlent) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG $ $ 5 EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTOLE RETENTION 5 EACH OCCURRENCE $ AGGREGATE 5 $ $ 5 A WORKERS WORKERS EMPLOYERS' .ANY PROP_HIETORIPARTNERIFXFCIITIVE OFFICERJMEMBEREXCLUDED? It yes, describe SPECIAL COMPENSATION AND LIABILITY Ts1WD708204250008/01/08 �_- - 08/01/09 O!H- WC. STATU- 101H - TORY LIMITS I ER E L. EACH ACCIDENT — $ 1000000 under PROVISIONS below -- — _ - EL. DISEASE -EAEMPLOYE 1$ 1000000 E.L. DISEASE- POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS! VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Proof of insurance coverage as respects Workers Compensation Liability. *EXCEPT FOR NON PAY THEN 10 DAYS CERTIFICATE HOLDER CANCELLATION CITOFTE The City of Temecula Attn: Gus Finance Department P.O. Box 9033 Temecula CA 92589-9033 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING ENSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AtCf RIfr•w. REPR N TIV ACORD 25 (2001/08) ACORD CORPORATION 1988 0 L1.4.1 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID CK FRIEN-5 PRODUCER Strachota Insurance Agency Inc California License #0249673 43500 Ridge Park Drive #203 Temecula CA 92590 Phone:951-676-2229 INSURED DATE(MM1DDlYYYY) 08/01/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Fax: 951-676-7391 INSURERS AFFORDING COVERAGE NAIC # Friends of the Temecula Childrens Musem dba Pennypickl 42081 Main St. Temecula CA 92590 INSURER A: INSURER B INSURER C. INSURER D. . INSURER E. Pennsylvania Mfg Assoc ins Co COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WW1 LTR AUU'L' INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDM) POUCY EXPIRATION DATE (POMMY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ UAMAL.IU KIN I LU PREMISES (Ea occurence) $ CLAIMS MADE -I OCCUR MED EXP (Any one person) $ GEN'L PERSONAL & ADV INJURY $ CENERAL AGGREGATE $ AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC JECT PRODUCTS - COMPIOP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?If Spec, describe SPECIAL -PROVISIONS ISIO ee7ow - -- -' PIHAIWC102318900 08/01/07 / 08/01/08 WG STATU- i "OTH- TORY LIMITS ER E.L. EACHACGIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEES $ 1000000 -"'- -- - - _ _� E.L. DISEASE - POLICY LIMIT I $ 1000000 ' OTHER DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Proof of insurance coverage as respects Workers Compensation Liability. *EXCEPT FOR NON PAY THEN 10 DAYS CANCELLATION CITOFTE The City of Temecula Attn: Gus Finance Department P.O. Box 9033 Temecula CA 92589-9033 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES GE GANGELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ORIZED REPRE$ TA IVEL ACORD 25 (2001108) ® ACORD CORPORATION 1988 'root April Oellinper At Strachota Insurance Fa' rance To: The City of Temecula rs • ACORD„ CERTIFICATE OF LIABILITY INSURANCE PRODUCER Strachota Insurance Agency Inc California License #0249673 43500 Ridge park Drive #203 Temecula CA 92590 Phone:909-676-2229 Fax:909-676-7391 INSURED 0ci-L)4 Date: 8128/2004 11:20 AM Page: 2 of Friends of the Temecula Ch idrens Musem dba Pennypicki 42081 Main St Temecula CR 92590 DALE (SYIIIDONYYrY} FRIEN 5 06/28/04 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A' Hartford NAIC 8 INSURER 5: State Compensation Fund INSURER C INSURER D: INSURER E COVERAGES THE ANY MAY POLICIES 1 POLICIES REOUIREMENT. PERTAIN, iUJ U L OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXIXUSIOTE AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR �ISRD TYPE OF INSURANCE POLICY NUMBER HULIGY B I L I IVE DATE (MMWD0 YYI PULICY EXYINA I IUN DATE (MMIDDIW} LIMITS A X GENERAL LIABILITY 57 SEA AW1875 05/10/04 05/10/05 EACH OCCURRENCE $ 1000000 X COMMERCIALGENF_RALLIABILITY Eu PRE ISES(Ealloccurencel $300000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10000 PERSONAL6ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GENL AGGREGATE L IMIT APPLIES PER' POLICY n JEC n LOC PRODUCTS - COMP/OP AGG $ 2000000 7 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per ecoident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY. AGG S EXCESS/UMBRELLA LIABRTry EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVETBD OFFICETLIAEM6EREXCLl1DEb? If ye6, d65crtbe under SPECIAL PROVISIONS below 06/24/04 06/24/08 WL a IArI} TORY LIMfrS ER EL. EACHACCIDENr $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE - POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS 7 LOCATIONS 1 VEHICLES Certificate holder is named 1 EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS as additional insured reaardina aeneral liability, per endorsment to be issued *Except for nonpay then 10 days. by company. CERTIFICATE HOLDER CANCELLATION The City of Temecula P.O. Box 9033 Temecula CA 92589-9033 ACORD 25 (2001106) CITOFTE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL IMPOSE 140 OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATNE CACORD CORPORATION 1988 Item No. 11 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Curtis Brown, Fire Chief DATE: June 23, 2015 SUBJECT: Approve an Agreement with ProActive Fire Design & Consulting, Inc. for Fire Department Plan Review Service PREPARED BY: Becky Obmann, Administrative Assistant RECOMMENDATION: That the City Council approve a one year agreement (with the option to renew an additional four years) between the City of Temecula and ProActive Fire Design & Consulting, Inc. The agreement will provide the Fire Department plan review service in an amount not to exceed $90,000.00 for fiscal year 2015-16 and $450,000.00 over the potential five year term. BACKGROUND: As the amount of plan review and inspection workload increases the need for a fire protection consulting company is necessary to maintain the City's turnaround times and level of service. For many years the City has utilized consulting firms to perform this task, the plan review service is utilized on an as needed basis when staff experiences an increased level of applications and inspections. With the addition of the new state required 24 hour turnaround time on solar submittals the need for a plan review service will become more prevalent. On May 11, 2015, staff issued a Request for Proposal (RFP) soliciting proposals for Fire Department Plan Review Service. The proposal packages were reviewed by an objective panel comprised of internal and external members for the following factors: Responsiveness, Qualifications & Experience, Technical Approach & Timeline and Price. The filing deadline of May 26, 2015 was met by six qualified proponents. On June 9, 2015 the panel met and ranked the RFP's, ProActive Fire Design & Consulting, Inc. was ranked number one and selected as the most qualified proponent. ProActive Fire Design & Consulting, Inc. is a locally owned business with over 39 years of experience in the field of fire protection and plan review. The cost for service provided by ProActive was not only competitive but the lowest price in comparison to the other proponents' submittals. FISCAL IMPACT: Adequate funds are available in the approved fiscal year 2015-16 operating budget. Funds for the remaining four years will be adequately appropriated within the Fire Department operating budget. Cost for service is offset by revenue received for each plan review performed by the consultant. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND PROACTIVE FIRE DESIGN & CONSULTING, INC. FIRE DEPARTMENT PLAN REVIEW SERVICE THIS AGREEMENT is made and effective as of July 1, 2015, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and ProActive Fire Design & Consulting, Inc., a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2015, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2016, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2020. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Ninety Thousand Dollars and No Cents ($90,000.00) annually unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 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 portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant 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 Consultant'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 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. broad as: 00 01 11 85 or 88. Minimum Scope of Insurance. Coverage shall be at least as 1) Insurance Services Office Commercial General Liability form No. CG 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 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: To Consultant: 14. ASSIGNMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 ProActive Fire Design & Consulting, Inc. Attn: Donald Walton 43015 Black Deer Loop, Ste. 205 Temecula, CA 92590 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses 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 Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula 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 Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 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 Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 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 ProActive Fire Design & Consulting, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor ATTEST: By: By: Randi Johl-Olson, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Donald Walton, President Jo Marie Walton, Secretary ProActive Fire Design & Consulting, Inc. Donald Walton 43015 Blackdeer Loop, Ste. 205 Temecula, CA 92590 951-296-3473 don@proactivefiredesign.com Acting PM Initials:( Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: See attached Plan Review Scope of Services as provided in Consultant's RFP response. Attached hereto as though set forth in full. EXHIBIT B Payment Rates and Schedule See attached Fee Schedule as provided in Consultant's RFP response. Attached hereto as though set forth in full. EXHIBIT C Fire Department Plan Review Service Exclusions Workers Compensation Insurance ProActive Fire Design & Consulting, Inc. does not have employees and is not required to carry Workers Compensation insurance. If any employees are hired, Workers Compensation insurance added and provided to the City. PLAN REVIEW SCOPE OF SERVICES Plan Check Services: ProActive Fire Design & Consulting will provide The City of Temecula Fire Prevention Bureau services to review Fire Protection Systems for compliance with the life safety provisions of the current edition of the Uniform Building, Fire, Mechanical and Electrical Codes, including State Amendments and Local Ordinances. Nationally recognized standards (NFPA) will also be referenced for compliance of certain fire protection submittals. This will include but not be limited to sprinkler, alarm, underground, hood and duct systems etc, as well as Building Plan Checks for new construction and tenant improvements as required to assure submittals meet appropriate requirements. Technical Approach and Timeline: Plans will be picked up and dropped off to the Fire Prevention Bureau usally twice a week or as needed by ProActive Fire Design & Consulting. The plans will be reviewed based on the established plan review procedures and guidelines of the Temecula Fire Department which includes conformance with the California Fire and Building Codes, NFPA Standards as well as Temecula Municipal Code Chapter 15.16 Fire Code. ProActive Fire Design & Consulting will provide turnaround times within the City's standard. First submittals shall be turned around and sent back to the Fire Prevention Bureau within 10 working days and re -checks are given first priority, and shall be completed and returned to the Fire Prevention Bureau within 5 working days. All plans will be reviewed by ProActive Fire Design & Consulting and no sub -contractors will be used. I would estimate that over the 6 year period that ProActive Fire Design & Consulting has performed plan review services for the City of Temecula we have a 99% on time delivery. Plan Pick up and Drop Off: Being a local vendor has allowed ProActive Fire Design & Consulting to pick up and deliver plans between our offices saving the City of Temecula all associated shipping costs as well as being able to provide prompt service for any last minute meetings or review services. Approval and Correction List: ProActive Fire Design & Consulting will provide recommendations for corrections and/or approvals as required specifically for each permit number in a word format document(s) and emailed to the Fire Prevention Bureau for further processing and record keeping. Each correction will be written in plain language, stating the item shown on the plans that are deficient and the requirement that must be indicated on the plans to show compliance, identified by plan page and detail with the code section that applies for the correction required. Approval recommendations will include a list of the additional permits that may be required for each building permit and list each required inspection for Fire Permits per the City of Temecula Fire Department. If required ProActive Fire Design & Consulting has the ability to provide electronic plan review services. Customer Contact: In order to enhance the permitting process, the applicant may contact ProActive Fire Design & Consulting at any time to ask questions and to obtain additional information needed to complete a plan review at no additional costs. However, unless authorized by the City Fire Prevention, all submittals including re -checks are to be routed directly through the City Fire Prevention Bureau for processing and will then be forwarded back to ProActive Fire Design & Consulting for review. There has been several times over the previous years that ProActive Fire Design & Consulting has had counter meetings with the Temecula Fire Department and the customers in order to provide good customer service at no additional costs. Compliance: The compliance with Labor Code Section 1720 or 1773 does not apply to ProActive Fire Design & Consulting as we will not be performing any construction, alteration, demolition, installation, or repair work out of public funds. All of our services will be conducted in house with no laborers or mechanics and performed by the President of the Corporation. ProActive Fire Design & Consulting 43015 Blackdeer Loop, Ste 205, Temecula, CA 92590 P: (951) 296 -FIRE F: (951) 296-3473 don@proactiveflredesIgn.com City of Temecula Fire Department Fire Prevention Bureau Plan Review Service EXHIBIT B Proposed Fee Schedule Fire Prevention Bureau Plan Check Services: Each permit application of submitted plans for the Fire Prevention Bureau review will be billed at a rate equal to 50% of the current published edition of the Fire Department Plan Check Fee schedule based on the scope of work for that permit. Building Department Plan Check Services: Each permit application of submitted plans for Building Department review will be billed at a rate equal to 50% of Fire Department Plan Check Fees collected for each permit application submitted. Resubmittal, Customer Contact, Meetings: ProActive Fire Design & Consulting has never charged for any additional services and will continue not to charge for additional reviews or other services. Payment Schedule: Invoices will be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within (30) days of receipt of each invoice. Payments shall be made payable to ProActive Fire Design & Consulting. Item No. 12 Approvals City Attorney Finance Director City Manager Por - CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Deputy Director of Information Technology DATE: June 23, 2015 SUBJECT: Approve a Consultant Services Agreement with Helixstorm for Technology Services to Include but not Limited to Virtualization, Network, and System Administration PREPARED BY: Michaela Ballreich, Deputy Director of Support Services RECOMMENDATION: That the City Council approve a three-year Consultant Services Agreement with Helixstorm, in an amount not to exceed $100,000, for Technology related services. The City has previously contracted with Helixstorm for Information Technology Infrastructure Support. The City's Information Technology (IT) Department supports the City's network, servers, Wi-Fi, computers, mobile devices, database administration, phone system, cellular phones, City government television station, media services, and emergency communication systems. Within the City operations, IT maintains more than 400 computers networked across 17 City facilities, 5 Fire Stations, 2 Police Storefronts, and 1 Police Station. Helixstorm is a consulting firm that provides a high level of service / knowledge base expected and required to efficiently and effectively assist the IT Department with systems administration. By the approval of a three-year Consultant Services Agreement with Helixstorm, those services provided by Helixstorm will primarily relate to technology related projects but not limited to the City's data center, remote sites, network (wired/wireless), and general IT Consulting and Systems Administration for the Civic Center and off-site facilities. Helixstorm is a local vendor located in the City. FISCAL IMPACT: Adequate funds have been budgeted in the Information Technology Operating Budget. ATTACHMENT: Consultant Services Agreement. AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND HELIXSTORM INFORMATION TECHNOLOGY INFRASTRUCTURE SUPPORT THIS AGREEMENT is made and effective as of June 23, 2015, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Helixstorm, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on June 23, 2015, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2018, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Thousand Dollars and No Cents, (100,000.00), for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 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 portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant 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 Consultant'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 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. broad as: 00 01 11 85 or 88. Minimum Scope of Insurance. Coverage shall be at least as 1) Insurance Services Office Commercial General Liability form No. CG 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($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 Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONSULTANT a. Consultant is and shall at all times remain as to the City a wholly independent consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 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: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Helixstorm Attn: Aaron Schneider 41619 Margarita Road, Suite 200 Temecula, CA 92591 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses 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 Consultant, or Consultant's sub -consultants for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula 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 Consultant or Consultant's sub -consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 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 Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 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 HELIXSTORM (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor Aaron Schneider, Principal ATTEST: By: By: Randi Johl-Olson, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Eric Henry, Chief Technology Officer Helixstorm Attn: Aaron Schneider 41619 Margarita Road, Suite 200 Temecula, CA 92591 Acting PM Initials: Date: EXHIBIT A Tasks to be Performed Consultant recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Consultant, Information Technology Infrastructure at the Civic Center and all off-site facilities at the various locations upon real and personal property of the City. Work will include maintenance services, and emergency call -out. The procedure for assigning work is set forth as follows: 1. The City Manager or his designee shall submit to Consultant a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Consultant shall respond in writing to the Request for Work and advise the City Manager whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the City Manager may transmit the Request for Work orally to the Consultant. As soon as practical following the emergency, the Consultant and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Consultant's response by the City Manager the Consultant shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. EXHIBIT B Payment Rates and Schedule Consultant will provide primary consulting and support services via remote channel. Consultant will provide reporting to Client for all hours used with a description of work per session. Consultant and Client will comply with the Rate Schedule below. Client must pre -schedule all work 72 hours in advance at a minimum, otherwise services will be considered Emergency. All services are billed in 15 -minute increments after the first hour or otherwise stated. Rate Schedule: Standard Support Rate Per Person Standard Rate Level 1 — Desktop Technician $148 Level 2 — Advanced Support Technician $150 Level 3 — Systems/Network Engineer $175 Level 4 — Infrastructure Engineer $225 Project Manager $150 On-site/Remote Professional Services (1 Hour Minimum Required) o After hours/weekend support is billed at 1.5x standard support rate* o Emergency support is 2x standard support rate* Standard Support Hours - Monday through Friday, 8am-5pm Pacific Time. Excludes all Helixstorm Observed Holidays. If previous arrangements have been made for work to be performed outside of standard support hours, then the standard support rate applies. After Hours Support - Any day/time that falls outside of the Standard Support Hours. *Rates include professional services only. Any expenses incurred will be in addition to the hourly rates identified. Item No. 13 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Deputy Director of Information Technology DATE: June 23, 2015 SUBJECT: Approve an Agreement with Icon Enterprises, Inc. d/b/a Civic Plus for the City Website Redesign and Content Management System Replacement PREPARED BY: Jonathan Hall, Sr. Information Technology Specialist RECOMMENDATION: That the City Council approve an agreement with Icon Enterprises, Inc., d/b/a CivicPlus, for consulting services in the amount of $49,537, with a 10% contingency amount of $4,954, for a total contract amount not to exceed $54,491, for the Website Redesign/Content Management System Replacement. BACKGROUND: The City's current Website Content Management System was purchased and designed in 2008. This platform no longer conforms with Section 508 of the Rehabilitation Act, addressing accessibility standards for public's access to information and data. Nor does this site meet compatibility standards to current browser technologies, as supported by Microsoft, or provide seamless access from mobile devices. To stay current with web technologies and to adhere to the open government data standards, the approval of an agreement for consulting services with Icon Enterprises, d/b/a CivicPlus, is being requested to assist with the Website Redesign/Content Management System Replacement. On March 23, 2015, the City solicited a Request for Proposal (RFP) via the City's online bidding system, PlanetBids, to identify and select a vendor with a proven track record in the planning, development, implementation, migration services, and support of local government websites. A total of 250 interested vendors were notified of the RFP. On April 6, 2015, a total of 14 vendors submitted a responsive proposal, including one local vendor. An evaluation panel reviewed the submitted proposals and invited the top five evaluated vendors as well as the local vendor for a second round interview and demonstration. The selected vendor was Icon Enterprises, Inc. d/b/a CivicPlus from Manhattan, Kansas, in the amount of $49,537. The solicitation did include the Local Vendor Preference Ordinance language as adopted in July 2012. The local vendor was not selected due to their absence of any municipal website experience and long-term viability. CivicPlus will host the City website from a secure state-of-the-art datacenter, offering industry leading physical security, redundant power, round-the-clock (24/7/365) monitoring and support, daily/weekly/monthly backups, and intrusion detection. This service will ensure the City's ability to communicate with residents during emergencies. FISCAL IMPACT: Adequate funds have been budgeted in the Information Technology Replacement Fund/Capital Outlay for this request. ATTACHMENT: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND CIVICPLUS WEBSITE REDESIGN/CONTENT MANAGEMENT SYSTEM THIS AGREEMENT is made and effective as of June 23, 2015, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Icon Enterprises, Inc., DBA CivicPlus, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on June 23, 2015, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2016, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant, 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 Forty Nine Thousand Five Hundred Thirty Seven Dollars and No Cents. ($49,537.00), plus 10% contingency of Four Thousand Nine Hundred Fifty Four Dollars and No Cents. ($4,954.00) for a total Agreement Amount of Fifty Four Thousand Four Hundred Ninety One Dollars and No Cents ($54,491.00). for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (20%) 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. c. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 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 portion hereof, by serving upon the Consultant at least thirty (30) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have thirty (30) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance provided, however, that if the default is of such nature so as to prevent the full and complete use of the CivicPlus software/City's website, then Consultant shall have ten (10) days after service of notice of default to correct the default and provide full functionality of the CivicPlus software and access to the City's website. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Provided City is not in breach, then 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 and "works made for hire" prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Nothing in this subsection "b" shall be deemed as conveying any ownership interest in intellectual property owned by Consultant prior to execution of this Agreement. c. Upon full and complete payment of submitted invoices for the Project Development and launch of the website, City will own the Customer Content (defined as website graphic designs, the page content, all module content, all importable/exportable data, and all archived information). d. Upon completion of the development of the site, City will assume full responsibility for website content maintenance and content administration. City, not Consultant, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. e. Intellectual Property of the CivicPlus Government Content Management System (GCMS®) will remain the property of Consultant. f. City shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the GCMS® software in any way; (ii) modify or make derivative works based upon the GCMS® software; (iii) create Internet "links" to the GCMS® software or "frame" or "mirror" any GCMS® administrative access on any other server or wireless or Internet -based device; or (iv) reverse engineer or access the GCMS® software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the GCMS® software, or (c) copy any ideas, features, functions or graphics of the GCMS® software. The CivicPlus name, the CivicPlus logo, and the product and module names associated with the GCMS® software are trademarks of Consultant, and no right or license is granted to use them. 8. INDEMNIFICATION The Consultant 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 Consultant'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 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 4) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 5) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 6) 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. b. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). c. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. d. 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. e. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 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: To Consultant: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Icon Enterprises Inc.,D/B/A/ CivicPlus CivicPlus Contract Manager 302 S. 4th Street, Ste. 500 Manhattan, KS 66502 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses 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 Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula 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 Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 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 Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 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 ICON ENTERPRISES INC., dba CIVICPLUS By: By: Jeff Comerchero, Mayor Tim Grant, Director of Sales ATTEST: By: By: Randi Johl-Olson, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Brian Rempe, Chief Operating Officer Icon Enterprises Inc., DBA CivicPlus CivicPlus Contract Manager 302 S. 4th Street, Ste. 500 Manhattan, KS 66502 Spicer@civicplus.com Cgrant@civicplus.com Acting PM Initialst Date: EXHIBIT A Scope of Work — (See Consultant's response to RFP - separate cover) EXHIBIT B RATES, PAYMENTS AND SCHEDULES Project Development & Deployment Initial GCMS® upgrades, maintenance, support and hosting Server storage not to exceed 30 GB Included Project Enhancements & Functionality 3 Days of Content Consulting 3 Days of On -Site Training Included Functionality Options 4 Department Header Packages Civic Mobile Media Center LDAP Integration Included Total Investment Yea. $49,537 Invoicing & Payment Terms 1. As detailed in Exhibit A.1 - Project Development Scope of Work, one half of the total First Year Fee will be invoiced at the completion of the following phases: a. Phase 2: Website Layout - one half of the Total Fees Year 1. b. Phase 4: Customized Website Training - the remaining half of the Total Fees Year 1. 2. Year 2 Annual Services will be invoiced one (1) year from contract signing. 3. Each year this Agreement is in effect, a technology investment, not to exceed, 5 percent (%) of the total Annual Services costs will be applied. 4. Payment is due 30 days from date of invoice. Unless otherwise limited by law, a finance charge of 2.9 percent (%) per month or $5.00, whichever is greater, will be added to past due accounts. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). 5. Client allows CivicPlus to display a "Government Websites by CivicPlus" insignia, and web link at the bottom of their web pages. Client understands that the pricing and any related discount structure provided under this Agreement assumes such perpetual permission. PRICING FORM • Software Licensing CivicPlus does not have licensing fees • Hardware Recommendation We have included hosting at our data center in the price of the project • 3rd Party Solutions We are not recommending any 3rd party solutions • Integration/interfaces We have performed a variety of integration and interfaces for our clients. Basic iframes are included • Implementation Services We have quoted the City's project at $49,537. Please see the following page for more information • Ongoing Support and Maintenance The first year of support and maintenance is included in the Implementation Services price above. Annual Services beginning in year 2 is $8,422. Please see the next page for more information • Optional Products or Services We have a variety of optional products; please speak with WIll Spicer for more details • Travel Travel expenses have been included in the quote ACHIEVING YOUR VISION CITY OF TEMECULA, CA WILL SPICER, REGIONAL SALES MANAGER + CONNECTING PEOPLE April 6, 2015 City of Temecula RE: RFP IT No. 15-01 Website Redesign/Content Management System Dear Selection Committee: Meeting the expectations of citizens is at the core of civic responsibility. Finding that perfect blend of functionality, ease of maintenance and citizen engagement can be daunting. Temecula's "what I want, when I need it" population is all about digital and timely responses. Saving time and money and increasing citizen satisfaction is every government entity's goal. How do you achieve both? It's easy with CivicPlus'—we help you achieve your vision of success. Our company is passionate about our mission to help make local government better. We are not just designing a website, we are helping build a trusted and long-term relationship between you and your community through our state-of-the-art technol- ogy and process. Our expertise lies in collaborating with our clients to deliver the right solution, housed within a sophisticated and custom design that captures the culture of your community. How will we help you achieve your vision? With our proven, The 5 Essentials, process to creating functional and dynamic websites and teaming with CivicPlus on the journey, you will get where you want to go. Vision – Finding your way with clarity. Determine where you want to go, and why. Alignment – Moving forward...together. Clearly communicate your goals and plans to all stakeholders. Usability – Navigating your journey in style. Designing a website that is up-to-date, easy -to -navigate and user friendly. Mobility – Keeping your visitors in touch – wherever they access. Today's websites need to be accessible from any device. • Measurement – Monitoring how successful your website is throughout the process and beyond. Analyze and adjust to meet your needs. Please review our proposal closely. We encourage you to contact our references and find out for yourself their experiences working with CivicPlus. We think you will be impressed. With CivicPlus, you will save time, resources, and dollars by moving your communications online and your citizens will find what they need, when they need it. We look forward to working with you and your staff to help make your vision become a reality. Sincerely, Will Spicer, Regional Sales Manager spicer@civicplus.com Direct Line 785-323-4772 Authorized Signature Tim Grant, Director of Sales bids@civicplus.com 888-228-2233 cp TABLE OF CONTENTS 1. QUALIFICATIONS AND EXPERIENCE 4 2. TECHNICAL APPROACH AND TIMELINE 11 3. ONGOING SUPPORT AND HOSTING SERVICES 19 4. ADDITIONAL INFORMATION 23 5. PRICE 34 6. STATEMENT OF LOCAL VENDOR CERTIFICATION 34 QUALIFICATIONS AND EXPERIENCE Temecula's proactive vision to develop a user-friendly, self-service government web environment for its community and employees is commendable. In today's society, citizens expect and seek access to information outside of normal business hours. CivicPlus and its team of dedicated professionals will bring your vision to life. We have the tools and the expertise to design and implement a dynamic, visually attractive, end-user friendly, searchable and interactive website that will be easy to maintain for your staff. You should have complete confidence that the firm you choose to achieve your vision and cre- ate your website is the right choice. Becoming your strategic, trusted partner is paramount to the professionals at CivicPlus. How will Temecula achieve their vision? By following The 5 Essentials to building a trustworthy website and by allowing CivicPlus to help you along the journey. Helping you reach your goal is our goal. Although you currently have a capable web presence, it's time for a new look with better functionality. CivicPlus will help you re -envision, re -new and re -invigorate your website. Working closely with you, we will assist in designing a new look, updated usability, accessibility and quality for the delivery and exchange of information for your audience. Our approach to achieving your vision will include: Content Consultation —Three days on-site, customized content consultation including an evaluation report of current content, recommendations for improvement or creation of new content and a follow-up results report. Three days of hands-on, customized, on- site training — to allow your staff to hit the ground running at Go Live. CivicMobile - Designed to keep users informed, content and alerts can be scheduled for automatic delivery. The controls are simple and easy for anyone to use. The CivicMobile app is connected directly to your CivicPlus website Media Center- an affordable way to upload video files and stream live video right through your website without the need to purchase costly third -party solutions. ark OUR MOIF PHILOSOPHY Deliver a unique and customized responsive website design reflecting your vision. Intuitive navigation and page layout with unlimited submenus and subpages. True live editing and training so your staff can be efficient on day one of your new website. Interactive functionality through our GCMS®. Continuously updated, cutting-edge solutions designed by experts specifically for you. 82% of users have completed at least one transaction on a government website and 69% have completed more than one. Source: Public Policy & Administration University of Utah, 2012 CIVICPLUS COMPANY OVERVIEW CivicPlus is the unique provider of the Government Content Management System (GCMS°)—the most innovative, user-friendly and comprehensive source for engaging eGovernment websites. Our clients' solutions are based on the latest in web coding technologies. They function across all major browsers, platforms (including mobile) and incorporate engaging features such as social media integration. Since our inception in July of 1998, CivicPlus has been capturing the passion our customers have for their communities and their residents with high-quality, next -generation websites. Today, under the leadership of founder Ward Morgan, CivicPlus has more than 200 staff members and continues to implement new technologies and services to maintain the highest standards of excellence and efficiency for our more than 1,800 clients with over 50,000 users. Our commitment to setting the standard in website design, management and government communication has been instrumental in making CivicPlus a leader in web design, communication programming and X girth, firs rieci • hosting. We consider it a privilege to partner with municipalities such as yours to provide your community a website that will serve your needs today and in the future. Your new website will convey a sense of place for your community, be visually appealing and utilize the latest technology to provide a convenient source of information to communicate and engage your community – so they can find the information they need, when they want it. CivicPlus has not had any litigations in the last 5 years. Why should Temecula choose CivicPlus to achieve it's vision? • We are driven by client service, not billings. Our goal is to become your trusted partner and deliver what you need. We set the industry standard and have the reputation to back it up, for helping governments better connect with citizens and constituents and we will bring that 410 DID YOU KNOW? Our clients have won over 370 state and national awards for their websites designed and implemented by CivicPlus. We think our clients' success speaks for the quality of our work. 1 same expertise to your project. We deliver in-house professional consulting services to provide direction for your vision, alignment, consistency and peace of mind knowing your website will be what you need today and tomorrow. We develop highly -usable, mobile responsive sites so your website is available anywhere at any time. We create a website specific to how you and your citizens will use it and design it to be both end-user and maintenance friendly. We securely host your site in our state-of-the-art facilities – keeping it safe. We exceed industry standards maintaining over 99.7% up time for our clients' websites! Our proven step-by-step implementation process has been effective for clients throughout the United States, Canada and Australia. Our dedication to working closely with you throughout the project and developing a unique -to -you design ensures we deliver a website that is not only functional, but will WOW your visitors. We can't wait to get started on yours! C p HEAR FROM OUR CUSTOMERS "I became increasingly impressed with the capability of CivicPlus. We had other companies come in and do presentations; some of their websites were beautiful, but they weren't as interactive or integrated with other modules, or they were limited as to what they could do. The fact that CivicPlus customized from scratch, not from a template, was fantastic. Every module I could ever think of and more was fully integrated with the site — which was a dream come true/' Tricia Dzuris Assistant to Town Manager Chelmsford, MA 1 Expert Staff From project management, design and development to training and support, our professional staff ensures the success of your website. Our expert project leaders will coordinate your needs with qualified specialists who will work directly with you throughout your project development and beyond. CivicPlus staff will perform all of the work on this project without the use of subcontractors. Aie*la C p Will Spicer — Regional Sales Manager As your regional sales manager, I will initially work with you to de- termine the best solutions for your administrative users and web- site audience. With over five years of experience with CivicPlus, my extensive knowledge of our GCMS®, website usability expertise and client -driven philosophy will ensure that we arrive at the best solution for your budget. Katrina Lewison — Manager of Project Administration Katrina leads our project management team. This team oversees inter -departmental and client interactions assuring that your project will be developed in a timely manner by professional website experts. Using their knowledge of effective online citizen engagement tech- niques, they will keep the process moving smoothly from phase to phase. Jessica Jones — Manager of Content Development Jessica's goal is to help make your website convey the messages you need. She heads our content development department. She will assign a team of developers to help you develop and maintain quality content for your site and keep your project on schedule. ADID YOU KNOW? Our technical and development staff holds a variety of certifications including: Microsoft -certified system engineer, Cisco - certified engineer, Microsoft - certified software developer, Microsoft Office user specialist and project management professional from the Project Management Institute. J Tony Ridder — Manager of Creative Services Tony knows all things design. He is the head of our creative development and graphic represen- tations and is responsible for each website overview and uniqueness. He leads our brilliant team of designers at CivicPlus and will team you with the right designer for your project. Your senior designer will assist the project manager in the direction of your project. Jim Steffensmeier — Manager of Training and Consulting From consulting services to content development to technical specifications, our consulting and training department will assist you in developing the right message in the right way by the right team. As Manager, Jim brings unprecedented experience to our customers through his many years with CivicPlus and in the technology industry. He will coordinate his team of professionals to deliver the solutions you need to achieve your training and consulting success and hit the ground running at Go Live. Kelsey Thomas — Lead Account Manager Upon launch of your website to the public, Kelsey will assign an account manager to your project. Your dedicated account manager stays current on new CivicPlus products and will continue to optimize your site. This specialized team member will provide you with information on how to better engage your citizens utilizing the tools that CivicPlus has put into place on your website. Robin Genschorck — Manager of Support Robin's team is here to help you. Our proactive approach to keeping you up and running is in iden- tifying and preventing potential issues before they occur. Through regularly scheduled reviews of site logs, error messages, servers, router activity and the internet in general, our personnel often identify and correct issues before they even affect our clients' websites. They are ready and avail- able to answer your staff members' questions and ensure their confidence in using our site. amrommaimmimmunso ■I!■■■■■■IBMIN MIME MI M0 MEI ■D■MIEN ■O■■°■■moi■ OE Ile ■■i Citrus Heights, CA URL: www.citusheights.net Client References Contact: Brian Koski IT Manager 916-727-4735, bkoski@citrusheights.net We have assisted more than 1,800 clients throughout the United States, Australia and Canada with the design, implementation and hosting of new, engaging, innovative and functional web- sites. Following are just a few examples of relevant sites, similar in scope to your project, which we have designed. But don't take our word for the success of these sites. Contact our clients and let them tell you about their experiences working with CivicPlus. Want to see more? Just let us know...we have about 1,800 we can share with you! 311 ciiiitot ,f lib ilk HEAR FROM OUR CUSTOMERS "Converting our old web site in to the modern County web presence would have cost more in time and frustration than the reasonable cost associated with hiring CivicPlus consulting staff to lead the way." Snohomish County, WA David Stroble Business Analysis & Project Management Team 1 C p Emeryville, CA URL: www.emeryville.org Contact: Michael Parenti IT Manager 510-450-7803 mparenti@emeryville.org South San Francisco, CA URL: www.ssfnet Contact: Doug Hollis Director of IT 650-829-3919 doug.hollis@ssf.net (rdi HEAR FROM OUR CUSTOMERS "A company is created by its people. The CivicPlus staff is phenomenal. CivicPlus is going to understand what your town means to you and your residents and how you want your town or city to appear. They are just as passionate about promoting your area as you are." Castle Rock, Colorado Karen McGrath 10 TECHNICAL APPROACH AND TIMELINE Consulting, design, usability guidance, programming, secure hosting and dedicated training - CivicPlus delivers all of this and more during the development of your new website. CivicPlus maintains a staff of dozens of personnel who excel in the development and support of government websites. From project management, design and development to training and support, our highly qualified staff ensures the success of your website throughout all phases of construction and beyond. Our expert project leaders (listed on pages 7-8) will match you and your needs to a team of highly qualified specialists who will work directly with you throughout your entire project. 11 F U8+3440 ,4wayGI.14kbrkrhg iro ir*r t- J. reo remingQl rnignitinithiti b r crn ernCi .i. 'I , Coram iEy wit tbrociopmeridL Chc rndrha,trbdi Thalrwri 4 -rte Suppori :.las Gru. Lei lollLtd Typical Project Timeline Timeline Phase 1— Website Optimization Includes: Needs assessment, best practices, and takeaways assigned. 4-6 weeks Phase 2 - Website Layout Includes: Layout presentation, mood board and main navigation review, design feedback meeting and approval and takeaways assigned. 3-5 weeks Phase 3 — Website Reveal Includes: Presentation of a functional website based on goals, recommendations and combined vision; final approval and take- aways assigned. 3-5 weeks Phase 4 — Customized Training Includes: Customized to give your staff the skills they need to maintain your website. 3-4 weeks Phase 5 — Go Live 3-5 weeks Website Launch Cp 16 - 24 Weeks (On Average) Average Project Timeline 16-24 Weeks Timeline 3-6Weeks Timeline 3-5Weeks Timeline 3-5 Weeks Timeline 3-4 Weeks Timeline 3-5 Weeks During the initial kick-off meeting, you will meet your project manager to establish your project timeline, review the startup kit and discuss the takeaway items that need to be completed. Your project manager will discuss the implications of deadlines and the expectations required to keep the project on track. Review Needs We will review where you are now and discuss where you want to go. Functionality, Design & Content We will review how you want your website to look, feel and function. Best Practices We will discuss our CivicPlus content best practices and standards Phase 2: Website Layout Based on your results and goals outlined during the website optimization phase, your project team will collaborate to present the most effective user interface for your website, ensuring a flexible design optimized to display in any format now and in the future. Deliverables Include: Layout: You will be presented with a custom layout that showcases the placement of your navigation and key functionality. Very similar to the floor plan of a house, the layout will allow you to focus on where things are and if the function and proportion of the space is adequate. Global Navigation: Simple navigation and consistent page layouts ensure that your visitors can easily find the information they seek. We'II provide you with a best practice navigation for your new website based on your community engagement goals and our prior experience in working with government entities. Mood Board: Your Project Team will also present a custom mood board reflecting the color and imagery that will set the tone for your design. A mood board is a collection of colors, textures, images, graphics, text and descriptive words. Average Project Timeline 16-24 Weeks Timeline 3-6Weeks Timeline 3-5Weeks Timeline 3-5 Weeks Timeline 3-4 Weeks Timeline 3-5 Weeks These items will be applied to the floor plan you choose. Think of this as the paint that will be used on the canvas that you have chosen. Phase 3: Website Reveal Your Project Team will present your layout, functionality and design based on your goals, our recommendations and our combined vision. Content Development During the Kick -Off Meeting and Phase 1 your staff has the role of updating the content on your current primary site. While you are making design decisions, our content development team will optimize and reorganize your content based on CivicPlus best practices. Content from sites other than the primary site can be migrated to the new primary site for an additional fee. The CivicPlus content usability experts research and establish their standards from the following resources: Jakob Nielsen, www. Usability.gov and www.HowTo.gov. We will format and reorganize your content so it is easy for visitors to quickly scan and retrieve desired information. There is no limit to the pages you can create after you have gone through training. Design Review You will have the opportunity to evaluate and collaborate with the Project Team on proposed changes. You can revise your design composition up to the deadline that you and your project manager agree upon during the timeline meeting (the average client requests a total of three). After that deadline, your project's Go Live date will be adjusted. Following design approval and functionality development, we conduct a review to ensure your expectations are met and website best practices are upheld. Custom designs are rarely produced in anticipation of a project. Copyright authorization and/or photography production are required unless you already have quality, usable photographs. Accessibility Compliance Our designers and programmers automatically implement all the accessibility features necessary to ensure your site is compliant with accessibility standards outlined within Section 508. We will make recommendations on best practices for keeping your content accessible and available for all users by ensuring that, among other things: A All menu items are clickable • Submenus display throughout the site • Alt tags are used for images • Site maps are dynamically generated • Documents and links can be set to open in the same window CivicPlus recognizes accessibility standards recommendations made by a variety of groups, including the World Wide Web Consortium (W3C) and the Web Accessibility Initiative (WAI) as written in the Web Content Accessibility Guidelines (WCAG). Through adherence to Section 508, CivicPlus is able to meet nearly all Priority One, Two and Three guidelines set forth in the WCAG. Those left unmet do not need to be addressed in order to allow basic access to content; some of the more stringent requirements of the WCAG may limit design and content development options. Average Project Timeline 16-24 Weeks Timeline 3-6Weeks Timeline 3-5Weeks Timeline 3-5 Weeks Timeline 3-4 Weeks Timeline 3-5 Weeks Our goal for training is to give your staff the skills and tools they need to quickly and easily keep your website current. Trainers will work with you to ensure your staff is correctly trained. Before your site is launched, CivicPlus provides in-person or online webinar training to equip your staff with the knowledge, tools and comfort level needed to maintain the site's integrity upon Go Live. Regardless of technical ability, we will help your staff gain the confidence to effectively maintain your website. Features, Module & Page Creation Training for Administrators & Content Contributors to better understand your site's navigation and page layout and how these affect target audiences, we will instruct your staff on creating area -rights and back -end features for site administration as well as review all the modules included with your site. Your staff will learn how to create links, format text and lay out pages for usability and scannability. Training manuals and videos are available online and can be downloaded at no cost. Phase 5: Go Live This is an exciting time; it is the last step before your new site launches! Your Project Team will provide you the information you need to prepare your site for Go Live. Testing and Review You typically have three weeks after training to become familiar with your site. This will allow you to add, create and make adjustments to content on your production site, as well as ensure overall satisfaction with your website. Content changes will display and function the same way before and after your Go Live date. Upon completion of a collaborative final review of the website and a final spelling and links checkup by our Quality Control Team, your domain name is directed to the newly developed website. You are now a part of the CP family and will continue to receive both technical and consultative support from our support and account management team. Average Project Timeline 16-24 Weeks Timeline 3-6Weeks Timeline 3-5Weeks Timeline 3-5 Weeks Timeline 3-4 Weeks Timeline 3-5 Weeks Your Role We will need your help to create the strongest possible website for your community. During the process, you will have homework. Yes, homework! We will need you to: Assess Your Current Website For the best consulting experience possible the following takeaways need to be completed prior to your consulting: Functionality and Design Form - Prior to starting this form, research other websites that you like based on functionality and design elements. Provide URLs and specifics about what you like. This form also asks for details on your community's tagline, logo and branding. Web Team Form - Prior to starting this form, please have an understanding of your project goals, focus and expectations. This allows your CivicPlus Project Team to develop a site specific to your needs and lays the foundation for developing a highly functional information architecture. Content Form — The information that you provide on this form will also help the content development to assess your wants and needs. Clean House and Update Content Update the content on your current primary live website. This step is critical to guaranteeing the information available is relevant, fresh and on -point. Your staff should delete any pages from your current website that you no longer want or need and ensure the remaining information is applicable and up-to-date. If you are not able to access your current site, CP will work with you to ensure that your content needs are addressed. Gather Photos and Logos Collect pictures that will be used in the overall design and logos or branding that should remain consistent. Department List Provide a list of all departments in your City. Website Statistics Provide statistics from you current site for the last 12 months along with a list of all pages and downloaded documents. Site Map Provide the outline of your current site's navigational structure. External Application List Supply a list of all third -party or in-house applications being utilized. Template for PDF's Create a Microsoft Word document template that features your branding and logo. Verbatim Content Compile a list of any content on your current website that must remain as -is. Update Internet Browsers Average Project Timeline 16-24 Weeks Timeline 3-6Weeks Timeline 3-5Weeks Timeline 3-5 Weeks Timeline 3-4 Weeks Timeline 3-5 Weeks Scope Of Work Kick -Off Meeting Deliverable: Project Timeline, training jump start and worksheets CivicPlus will: Assign a project manager to this project Conduct a Project kickoff to review awarded contract Establish communication plan for the duration of the Temecula will: Approve the project timeline prior to proceeding with the project. Complete the following prior to Phase 1: Functionality project effort and Design Form, Web Team Form and Content Form Work with the City to identify all key internal and external project stakeholders Develop project plan and timeline Provide Project Management and Support Update the current primary live website content and delete any pages from the website that are no longer wanted or needed or request a format to provide this information if the content has is not available to update which may include a list of content not to be migrated Phase 1: Website Optimization Deliverable: Needs assessment, best practices and worksheets CivicPlus will: Provide communication support to the City, key stakeholders and personnel via weekly status reports and via phone when required Review the goals and expectations submitted on the forms the City completed to ensure all needs are clearly understood Temecula will: Gather statistics from the current website from the past 12 months and provide to CivicPlus Collect pictures to be used in the overall design of the new website and provide to CivicPlus Provide a MS Word document template that features your branding/logo and provide to CivicPlus • Compile a list of all divisions and/or departments within the organization and provide to CivicPlus Submit a list of third -party and in-house developed applications presently being utilized on the current website and provide to CivicPlus Pull a site map or outline of the current website's navigational structure and provide to CivicPlus A list of any content on the current primary website that must remain as is (verbatim) because of legal requirements Phase 2: Website Layout Deliverable: Website layout and mood board will be presented for your approval; first billing milestone CivicPlus will: Present a custom layout and mood board based on the goals determined in the previous phase. The presented layout will show the placement of the navigation and functionality. The mood board will reflect the color and imagery that will represent the tone of the design and conduct a presentation of findings and recommendations to key project stakeholders Begin development of the website design upon layout and mood board approval Temecula will: Approve the layout and mood board Review marketing packet material and guidelines Will provide CivicPlus will all the necessary DNS items identified for the website Phase 3: Website Reveal Deliverable: Completed website design and navigation structure will be presented. You will be able to propose changes at this time. CivicPlus will: Present a functional website Migrate all agreed upon content pages from cityoftemecula.org to the new website. Migrate current plus the past three years Agendas & Minutes in Microsoft Word.DOC or Adobe PDF format r After the TYPE approves the design and functionality CivicPlus will conduct a review of the website to ensure the statement of work is met Work with the City to prepare for training Temecula will: Evaluate the website design and content and provide CivicPlus with feedback Collaborate with CivicPlus on proposed changes Revise the design a up to the deadline set by the City and CivicPlus during the Kick-off meeting If design changes are requested after the set date, the project's go live will be adjusted Phase 4: 3 Days of Customized On -Site Implementation Training for up to 12 employees Deliverable: Train System Administrator(s) on GCMS° Administration, permissions, setting up groups and users, module administration. Basic User training on pages, module entries, applying modules to pages; second and final billing mile- stone. CivicPlus will: Temecula will: Provide training to the City before the website goes Provide a location for training in the City with internet live access Train up to 12 City staff members based on internal Provide computers for staff to be trained on daily task and workflow Make content changes identified during the Website Train staff members on how to use the GCMS®, update Reveal Phase. content pages and modules Provide access to training online training manuals and videos for the City staff Phase 5: Go Live Deliverable: Custom website launched to the public. CivicPlus will: Temecula will: Provide ongoing support of GCMS° availability and Test GCMS° functionality and update the final site as functionality per approved timeline Deliver a final quality report of spelling and links check Report on any system issues that requires CivicPlus to address Redirect the domain name to the newly developed website when the City signs off on the project Sign off on finalized site before go live Conduct hand-off with account management Project Enhancements Content Consulting - Three days on-site, up to six departments per day. Quote includes travel expenses. A consultation package concentrating on evaluating current website content and making recommendations for improved content development, presentation and maintenance. Deliverable: A comprehensive report on evaluation of current content (placement, length, style and effectiveness), recommendations for improvement or creation of new content, a follow-up report reviewing the results of implemented suggestions. Media Center CivicMobile custom mobile app LDAP Integration 4 Department Header Packages with 20 pages of content migration each for TemeculaEvents.org, TemeculaLibrary.org, TemeculaOutreach.org, TVE2.org 1 ONGOING SUPPORT AND HOSTING SERVICES Redundant power sources and internet access ensure consistent and stable connections. Regular hardware upgrades make certain that our hosted sites are maintained on up-to-date, reliable equipment. Hosting & Security Features Physical Security ■ Biometric access Proximity card key system prevents unauthorized access to servers High-resolution, closed-circuit video with time lapse recording covering secured areas All visitors require a full-time escort within hosting area Building tied into two separate Main grids Power All systems fed by uninterruptible power supplies (UPSs) with diesel - powered generator backup Bandwidth The Data center has 50 GB of Bandwidth provided Multiple Tier 1 carriers with BGP routing to provide for redundancy and load balancing • Currently 1 GB burstable is what is available to servers (soon to be upgraded) We strive to maintain a cushion of 40+ percent on what is available to the servers. That typically means we can support a single site's need 10X beyond their normal traffic Monitoring • Round-the-clock (24/7/365) monitoring of all critical components, including: internet connectivity, servers, routers, switches and power systems Monitoring of site homepage, for status, response time and string Backup Backup performed daily Off-site archive Daily back-ups retained for one week Weekly back-ups retained for one month Monthly back-ups retained for one year Our Network Operations Center, based in Kansas City, MO, is set up specifically for website hosting and administration. 19 1 Antivirus Continuously scan system Signature files auto -updated every four hours from national registry Network Security Server operating systems applied as necessary Router level port blocking and reporting Firewall level port, packet filtering and reporting Server level logging Access to Layer 3 DDOS soaking up to 200GBps via GRE tunnel to protect Data Center. Collaboration with Application layer DDOS vendors ■ Dedicated IP Address Hardware Four Head SAN N+3 Virtualized server infrastructure Redundant Cooling Solution 36 -month hardware refresh cycle Geographically dispersed back-up hot site Intrusion Detection Redundant Firewalls Staff Certifications • Electrical Engineer (EE) Cisco -certified network associates (CCNA) CompTIA Security+ • CompTIA Networks+ AriAl ADID YOU KNOW? Walk-in and phone questions can cost on average $17 per transaction? Online, self-service resources for information average only $4 each! Source: Public Policy & Administration University of Utah, 2012 20 Continuing Service & Support CivicPlus won't be with you just for the development, design and launch — we will be here year after year to respond to new needs and new opportunities for you to continue to have the best site possible. We offer all of our clients continuing support and additional advantages as a member of the CivicPlus family. Dedicated Account Management CivicPlus has a team of dedicated account managers to help you implement the tools needed to successfully meet the level of Community Engagement that you desire. Upon website Go Live, you will have a dedicated member of this team to help you keep up on new CivicPlus products and optimize your site. This specialized team member can provide you with further information on how to engage your citizens, utilizing the tools that CivicPlus has put into place on your new website. Around -the -Clock Technical Support Our support personnel are ready to answer your staff members' questions and ensure their confidence in using our site. When you choose CivicPlus, our knowledgeable staff is available from 7 a.m. to 7 p.m. (CST) to field your calls and emails, and emergency services are available after regular hours with our on-call staff 24 -hours a day. In addition to fielding support requests, CivicPlus is proactive in identifying any potential system issues. Through regularly scheduled reviews of site logs, error messages, servers, router activity and the internet in general, our personnel often identify and correct issues before they even affect our clients' websites. Our expertise in website management provides assurance to our clients that their site is in good hands. cp 21 Support Maintenance of CivicPlus Application & Modules Hosting 7 a.m. — 7 p.m. (CST) Monday — Friday Install service patches for OS system (excluding holidays) 24/7 Emergency Support Dedicated support personnel 2 -hour response during normal hours Usability improvements Integration of system enhancements enhancements Fixes Improvements Shared Web/SQL Server DNS Consulting & Maintenance Monitor bandwidth -router traffic Redundant ISP Integration Redundant cooling Testing Diesel powered generator Development Daily tape backup Proactive support for updates & fixes Usage License Online training manuals Monthly newsletters Routine follow-up check -ins CivicPlus connection Intrusion detection & prevention Antivirus protection Upgrade hardware Company & Contact information Contact Information Will Spicer, Regional Sales Manager 785- 323-4772 spicer@civicplus.com Incorporated In State of Kansas Legal Name Icon Enterprises, Inc. d/b/a CivicPlus GSA Contract # GS -35F -0124U CMAS Contract # 3-13-70-2966A Primary Office Company Website Company Founder TIPS/TAPS Contract 302 S. 4th Street, Suite 500 Manhattan, KS 66502 Toll Free 888-228-2233 Fax 785-587-8951 www.CivicPlus.com Ward Morgan, President/CEO # 2092613 ADDITIONAL INFORMATION User Manual Example Creating a fracje in the CivicPIus Government Content Managernenl System is a simple process. This manual describes the (process to create a new page. t d Oe rnut covet chailgii content on an e..istiEng page. 1. Lein to the Aelmin of your website 2_ Select Parks and lied the place in the page menu (sib map) you wank Io add your new page 3. Kitoutde over the page neare t to the pi Are yr'LJ aM h Ic, add yir ut new page and Men move to Add 4. Now select to either add a page o a subpage al) Adding a Page above or below '0 will keep your new page orp the same level as tine existing page b) Adding a Sub•Page (first or last) will move your page one step further inside the navigation 5. The next screen is called the "Menu Item F'ropades". Pages are first menu items that could in content of some sort, 4 ++- + -- • - Poo 1,14- - • I _w!•I , rancar ran •. Y hir The following are the fields orw this page. A)Tix—rh.IAI1 narre if Ulf? page. 11 wilt 1ppear in thin r iernu rpri the PLINK-. i Side b) Display in Menu 1. Display in Menu - The page will Dae listed in the menu. 2_ Don't 'Display in Menu - Creates a page. but will srot list in the menu. 23 Training Manual Example Adrinist.LiIur Guide to I fl+ls a�r,Li t ri up rirr,iri #rodi�rr Tr `,:ivi+ Pluj SySielfi lenetedl krieltt$ Weights and 611 right's Orifi trigiVI,0 iia, MCI -1 d!Jai 61#et- Car'Mir t OSSign d right3. In cider rte' on irjdiv dl.]I Wel tO r ores I) Orly area 01 the werisite they Mia berbng I # gr0 , YOu Can creore rhe firrSI rdodd 'r.e I r$10. Ilhe group Os yOu create them, c+' vice versa. The f i riiPl1,# ky31em ad's YO6r ro vary. the levet Of rights Petween cadges arid n» Io$ f€' your Br as $O yOu Can 1(slpr yO r petrnil.sipric, l your needs. CI' IePIrls Rights and Permissions 'Your Cr,rtcPlus co• -1'13,' r,crz,gairaent wgenritiOS l'Out1 .Qr r ht : . win &I ativrisrr rnr • P+ ▪ .. Sten dr-ni li.Slla1Cx righrs are different 111101 Ihb Other it1roe. The sySteril isdrr►+'1 S r t hOS coviosie oor,lrrf of lilt, w rbsrle. 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Wirier., they edit of creure new 6:I',UrigeSri.716'node lo lilt I`. • .. prige5 they lnwi 4kincriit H rrlr opirmovel AOhm r.r,rsnra+ rT}nlen. chrshoec V.• 1 24 Sample Terms and Conditions CivicPlus understands that upon award, the City will be using the Sample Agreement standard contract provision as attached to the RFP. We have included our sample terms and conditions below and look forward to negotiating a mutually beneficial contract with the City of Temecula. Invoicing & Payment Terms 1. As detailed in Exhibit A.1 — Project Development Scope of Work, one half of the total First Year Fee will be invoiced at the completion of the following phases: a. Phase 2: Website Layout — one half of the Total Fees Year 1. b. Phase 4: Customized Website Training - the remaining half of the Total Fees Year 1. 2. Year 2 Annual Services will be invoiced one (1) year from contract signing. 3. Each year this Agreement is in effect, a technology investment, not to exceed, 5 percent (%) of the total Annual Services costs will be applied. 4. Payment is due 30 days from date of invoice. Unless otherwise limited by law, a finance charge of 2.9 percent (%) per month or $5.00, whichever is greater, will be added to past due accounts. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). 5. Client allows CivicPlus to display a "Government Websites by CivicPlus" insignia, and web link at the bottom of their web pages. Client understands that the pricing and any related discount structure provided under this Agreement assumes such perpetual permission. Agreement Renewal 6. This Agreement shall remain in effect for a period of one year (12 months) from signing. In the event that neither party gives 60 days' notice prior to the end of the initial or any subsequent term, this Agreement will automatically renew for an additional contract term. After 48 consecutive months under the terms of this contract and associated pricing, Client will be fully eligible for a CivicPlus Basic Redesign at no additional cost. 7. Either party may terminate the agreement at the end of the contract term by providing the other party with 60 days written notice prior to the contract renewal date. 8. In the event of early termination of this Agreement by the Client, Client forfeits eligibility for the CP Basic Redesign and payment of services rendered is due within 15 days of termination. 9. This Agreement may be extended to any municipality in the State of California to purchase at Agreement prices in accordance with the terms stated herein. Ownership & Content Responsibility 10. Upon full and complete payment of submitted invoices for the Project Development and launch of the website, Client will own the Customer Content (defined as website graphic designs, the page content, all module content, all importable/exportable data, and all archived information). 11. Upon completion of the development of the site, Client will assume full responsibility for website content maintenance and content administration. Client, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. Intellectual Property 12. Intellectual Property of the CivicPlus Government Content Management System (GCMS®) will remain the property of CivicPlus. 13. Client shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the GCMS® software in any way; (ii) modify or make derivative works based upon the GCMS® software; (iii) create Internet "links" to the GCMS® software or "frame" or "mirror" any GCMS® administrative access on any other server or wireless or Internet -based device; or (iv) reverse engineer or access the GCMS® software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the GCMS® software, or (c) copy any ideas, features, functions or graphics of the GCMS® software. The CivicPlus name, the CivicPlus logo, and the product and module names associated with the GCMS® software are trademarks of CivicPlus, and no right or license is granted to use them. Indemnification 14. Client and CivicPlus shall defend, indemnify and hold the other Party harmless, its partners, employees, and agents from and against any and all lawsuits, claims, demands, penalties, losses, fines, liabilities, damages, and expenses including attorney's fees of any kind, without limitation, in connection with the operations of and installation of software contemplated by this Agreement, or otherwise arising out of or in any way connected with the CivicPlus provision of service and performance under this Agreement. This section shall not apply to the extent that any loss or damage is caused by the gross negligence or willful misconduct on the part of either party. Liabilities 15. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier or other service provider whose facilities or services are used in furnishing any portion of the service received by the Client. 16. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Client or any entity employed/contracted on the Client's behalf. 17. Client agrees that it is solely responsible for any solicitation, collection, storage, or other use of end-users' Personal Data on the website. Client further agrees that CivicPlus has no responsibility for the use or storage of end- users' Personal Data in connection with the website or the consequences of the solicitation, collection, storage, or other use by Client or by any third party of Personal Data Exceptions to the Temecula Sample Agreement Section 5. Suspension or Termination of Agreement Without Cause ClvicPlus would like to request 30 days written notice of cancellation. Section 6. Default of Consultant CivicPlus would like to request 30 days to cure any default. Section 7. Ownership of Documents CivicPlus would like to request the use of our Ownership & Content Responsibility section and our Intellectual Property section in place of the language in the City of Temecula Agreement. Developed for organizations that have a need to update their site frequently, CivicPlus provides a powerful government content management structure and website menu management system. The system allows non-technical employees the ability to easily update any portion of your website instantaneously. The CivicPlus Government Content Management System (GCMS®) utilizes Microsoft SQL Server, ASP, JavaScript and HTML for web development. Each website begins with a unique design developed to meet your specific communication and marketing goals, while showcasing the individuality of your community. Features and capabilities are added and customized as necessary, and all content is organized in accordance with web usability standards. Modules Agenda Center Alerts Center & Emergency Alert Notification Archive Center Bid Postings Blog Business/Resource Direc Citizen Request Tracker" Community Connection Community Voice." Document Center ePayment Center or eCo Facilities & Reservations Frequently Asked Questi Forms Center tory mmerce Integration ons Functionality Action Items Queue Audit Trail / History Log Automated PDF Converter Automatic Content Archiving Dynamic Breadcrumbs Dynamic Sitemap Expiring Items Library Graphic Link Administration Links Redirect Menu Management Mouse -over Menu Structure Live Editing and Page Creation Online Web Statistics Printer Friendly/Email Page Modules Functionality Agenda Center Action Items Queue Alerts Center & Emergency Alert Notification Audit Trail / History Log Archive Center Automated PDF Converter Bid Postings Automatic Content Archiving Blog Dynamic Breadcrumbs Business/Resource Directory Dynamic Sitemap Citizen Request Tracker' Expiring Items Library Community Connection Graphic Link Administration Community Voice' Links Redirect GCMS° Modules • Agenda Center — Create and display agendas and minutes for various civic organizations Business/ Resource Directory—The "Yellow Pages" of your website Calendar — Create multiple calendars for various divisions and departments Document Center — Organize and house documents in department or division folders and sub -folders Frequently Asked Questions (FAQs) — Answer the most frequently asked questions News Flash - Post organizational news items that are important to your citizens right on your home page Opinion Poll — Interact with your site visitors by posting various questions and polls Photo Gallery - Store and display photos Quick Links - Place links on any page Spotlight — Allows you to highlight important text or widgets in a compact, easy -to -update module Staff Directory - Detailed contact information for your staff and offices Transaction Mods.:_ • Bid Postings - Simple and easy to use method of posting your bids Citizen Request Tracker' - Allow users to report a problem while providing follow-up communication with the point of contact • ePayment Center - Integrate eCommerce on your website with no third -party store to setup. Facilities & Reservations - Facilities and meeting places in one convenient place with reservations online Form Center - Create custom online forms that can be completed and submitted online Job Postings - Post available jobs in an easy to access manner Alert Center - Graphically show when there is an emergency or important notification Blog - Post opinions/information about various topics. Can also be set up to allow site visitors to comment and subscribe • Community VoiceTM — Open forum in which citizens can interact while allowing you to showcase projects in your community My Dashboard — Allow users to personalize their dashboard to stay updated on news, events, and information they care about NotifyMeTM - Send out mass emails to subscribers of specific lists and modules, includes 500 SMS subscribers Interactions & Communications Modules Alert Center - Graphically show when there is an emergency / important notification in the area Blog - Post your thoughts and opinions about various topics and allow site visitors to comment and subscribe Community Voice — Open forum in which citizens can interact while allowing you to showcase projects you are implementing in your community My Dashboard — Allow users to personalize their dashboard to stay updated on news, events, and information they care about Notify Me® - Send out mass emails to subscribers of specific lists and modules, includes 500 SMS subscribers Social Networking & Gov 2.0 CivicPlus understands the importance of Gov 2.0 and how social networking sites like Facebook and Twitter help governments connect with their residents in unique and innovative ways. From community -centric pages on Facebook to real-time Twitter feeds that can deliver emergency alerts, we are dedicated to helping our clients integrate their web content into the most dynamic social media sites and make their marks in the world of Gov 2.0. Other social networking sites (such as Linkedln, YouTube, Pinterest, etc.) can be featured on your website as links to your organization's profile on those particular websites. Facebook & Twitter Many governments are finding Facebook to be an essential part of their online presence, as it provides another avenue to share news, announcements, events, pictures and videos with a wide range of regular site visitors. CivicPlus can sync your website to your Facebook and Twitter profiles to automatically publish news, notices, and calendar events on Facebook with a link to your website for more information. Twitter's short, 140 -character "tweets" offer a way to distribute information quickly and effectively. Administrative Features • Instantaneous Updates — Updates are posted to the live site in real time, once the administrator publishes the page. This helps to ensure your site is communication the most up-to-date information. Browser Based — No installation of programs or software needed, meaning you and your staff can update the site from an Internet connection or platform (Mac or PC) at any time. Save money and time, update from anywhere. Mobile Updates — Immediately upgrade your site from any location with urgent announcements using your tablet. For example you can warn audiences of crisis situations from anywhere, at any time. Action Items — Direct access to a queue of items waiting to be published or reviewed by the administrator provided immediately upon login. Stay organized and update your site in a timely manner. Site Search and Search Log — Powerful site search automatically indexes all content making it easy for visitors to find information. A log of all words that have been searched by visitors is kept for your use, allowing you to update highly searched information and feature key items on the homepage. Automatic Alt Tags — Built-in features ensure your site is Section 508 compliant. This allows editors to create content without having to know Section 508 requirements. Bad Links Identifier - You may not be aware of any broken links on your website, but your guests are. This module creates a list of the broken links on your site when they are accessed. Content Creation - Recognizing that not all site administrators possess high levels of technical expertise, the CivicPlus GCMST' makes it easy to add new content, edit old content, and keep page layout consistent through use of our WYSIWYG editor. The page content creation functionality is separate from the overall design of the site; the content will reflect font sizes and styles associated with the various heading levels and content types. Content changes will not affect the design, though the site breadcrumbs, page structure and sitemap will dynamically update upon publish of any content changes. Unlimited pages can be created with the CivicPlus GCMST' and there is no limit to the depth of pages that can be created. You are responsible for the depth of navigation. With mega menus and dropdown and pop -out menu functionality, you can essentially get to any page on your website within a single click if you desire. Content Scheduling - When creating an entry, simply select the date and time desired for the material to publish and/or unpublish. Material throughout the entire system can be set to auto-unpublish (expire) or it can be manually retired. Content Versioning - The GCMST' includes version control, a history log for reviewing changes made within the system, file locking through our permission system and an archive of all published content so that previous versions can be accessed or used, if necessary. Dynamic Layout - The layout for your website is determined by you and the designer. The placement of navigation and dynamic areas are important in guiding site visitors to key information quickly and easily. Our consultants make recommendations based upon website -user studies and research on best practices. Dynamic Page Components - Events Calendar, FAQs, Opinion Poll, News Flash and other new features may be included as dynamic page components. Dynamic Page Components may be placed on any page and will help dedicated areas of the site appear as its own website. For example, the entry page for your Parks and Recreation Department can be customized with specific lists of events, FAQs and news announcements pertaining to that department. • Dynamic Breadcrumbs and Site Map - Dynamic Breadcrumbs are used to show a visitor's location within the site. Breadcrumbs are automatically generated by our system. This feature assists a site visitor in understanding the site structure and navigation. A dynamically generated site map automatically updates to reflect your new navigation if changes are made. eCommerce Integration - While CivicPlus does offer our ePayment Center, we also work with numerous trusted third -party payment processors to handle payment and account information, allowing your citizens to easily log on and pay bills ranging from property taxes to utilities. The payment processor used for transactions is dependent upon the municipality's wants and needs, with every effort made to ensure a clean, seamless on- site presentation of the payment portal. History Log - Easily track changes made to your website with the History Log. Track changes made to items in your Page Menu, Archive Center, Document Center and more. History Log information is searchable, sortable and exportable. Integration/Interfacing - CivicPlus has performed a variety of integration services for our clients, all of which work cohesively with most third -party software applications. The CivicPlus GCMSTM is different from other standard design programs, in that we have the ability to link with most software or databases you are currently utilizing. Systems such as purchasing, taxes, assessment and utilities have been developed for many of our clients. • Intranet - We can set up an Intranet for your site to be used by employees or other groups that need to share non-public resources. An intranet is a secure location on your website that allows employees to login and access information specific to them, and you have the ability to set up multiple Intranet groups with varying view rights. Levels of Rights - Each department is capable of updating their own content. Even though each department can update their own information and web pages, the menu structure, top of page, banner and navigation throughout the site remains the consistent. A central administrator is given the ability to establish groups with specific rights and capabilities to update the website. Users are then assigned to those groups based upon the role they will have in updating the website. Users of the may be defined as publishers (create or publish) or authors (create but not publish) of the content, or as administrators of modules. LDAP Authentication - LDAP authentication provides a powerful and simple way to manage users and permissions within our system by syncing your website up with your existing active directory database, negating the need for multiple user upload and sign - on. Features of this functionality include: log on with network account credentials, automatic user creation, automatic permissions setup, integrate with other non - LDAP authentication systems, easy-to-use "remember me" sign -in, security features like "next required login." Because LDAP authentication requires custom programming time, additional fees apply. Link Redirects - This is helpful in marketing an area of your website by creating a web address that is easy to remember. Instead of sending your users to http:// civicplus.com/248/Awards-and-Recognition, you can send them to http://civicplus.com/awards. A more obvious link is great for print materials and much easier to tell people how to find a particular page on the website. Maps — Clickable, JavaScript or Flash - Help website users find commonly requested information such as bus schedules, parks walking tours bike paths, trash pick- up schedules, location of highways, tourist attractions, education information, major employers, demographics. Maps can be customized as simple, clickable maps through the use of our Image Map Editor, or more sophisticated JavaScript or Flash (additional fees required for Javascript or Flash development). Either one provides a great way to present your community to web visitors. Printer Friendly - Our printer friendly functionality does more than simply call the browser's print command — it separates the critical content from the template so as to give a clean presentation without the menu structure and banner information. RSS Feeds - RSS stands for Real Simple Syndication, and in short, it's a way of bringing your site to the people. After signing up, they receive email notifications of the latest news updates without having to visit your website. Supported Browsers - Websites built by CivicPlus are viewable in all common browsers; however, they are optimized for administrative use with Windows 2000+ and supported in the two most recent versions of any major browser including: Internet Explorer, Firefox, Safari and Chrome. Website Statistics - In order to review how your site visitors are using the site, administrators will be trained on the use and analysis of the web statistics, which are provided through Piwik Analytics. Important information can be pulled from this data in order to make decisions about the use of the website. Application Programming Interfaces We have nearly a dozen application programming interfaces (APIs) scattered throughout the system and continue to build more to make integrations with the GCMSTM and disparate applications as straightforward as possible. It's this "open architecture" approach that allows your IT staff and programmers to spend time creating applications and systems that are specific to your community's needs and tie them into the site, using the site itself as a sturdy platform on which to build. Media Center- Mobile Video CivicPlus offers a robust mobile video experience as part of our Media Center solution. With seamless integration to your website, you get something an external third -party solution can't provide. With consumption of mobile video continuing to grow, providing this option is a must as part of your overall mobile experience is a must have to drive engagement. Benefits of Mobile Video Just about any file format is supported Live streaming option available—use for anything from traffic to a beach cam (an additional charge may apply). Access to all the videos on your site, in the palm of your hand Video is easily searchable Video is easily and frequently shared Mobile device ownership is at an all-time high, and it's growing! In order to meet your citizens where they're at—you need to provide a comprehensive mobile experi- ence. CivicPlus addresses all of your mobile needs including responsive web design, the CivicMobile app, and a robust mobile video experience as part of Media Center. Mobile devices are used everywhere for everything by everyone. Drive engagement by offering a robust mobile experience. Responsive Web Design As part of providing industry-leading technology, responsive design is included with your CivicPlus site. With responsive design, your site adjusts to the screen size of the device its being view on. This flexibility provides a seamless user experience. Benefits of Responsive Design Seamless experience between desktop and mobile device Shorter URL structure Easier management of search engine optimization Content adjusts to screen size and device orientation CivicMobile App The CivicMobile App is designed to look and work great on both iOS and Android mobile devices. Designed to keep us- ers informed, content and alerts can be scheduled for auto- matic delivery. The controls are simple and easy for anyone to use. The CivicMobile app is connected directly to your CivicPlus website; your content will always be in -sync with your mobile site visitors. Our professional staff makes sure the system stays up-to-date with hardware and software upgrades. This will ensure a system that is always optimized, secure and problem -free. We work closely with our clients to match the aesthetics of their application – from the splash screen to the background imagery to the banner – with their website to create a pol- ished and seamless theme across the different media with which your site visitors are interacting with you. Our mobile app is available for an additional fee. Benefits of CivicMobile: Cross -Platform Compatibility. CivicMobile is designed to both look and work great on both iOS and Android mobile devices. The controls are simple and easy for anyone to use. r Push Notifications. The CivicMobile app will keep your citizens informed. Content and alerts can be scheduled for automatic delivery, freeing up local administrators for more pressing tasks. Fully Integrated. The CivicMobile app is connected directly to your CivicPlus website; your content will always be in -sync with your mobile citizens. Our professional staff makes sure the system stays up-to- date with hardware and software upgrades. This will ensure a system that is always optimized, secure and problem -free. Custom Design. We've got it covered. We work closely with our clients to match the aesthetics of their application – from the splash screen to the background imagery to the banner – with their website to create a polished and seamless theme across the different media with which your citizens are interacting with you. Emergency Alerts. Alert your citizens about emergencies in the community quickly and efficiently right to their mobile devices. PRICE Please see our Cost Proposal for Exhibit A Pricing Form and supporting information on price and scope. STATEMENT OF LOCAL VENDOR CERTIFICATION CivicPlus does not qualify for Local Vendor Certification. Cp 34 Item No. 14 Approvals City Attorney Finance Director City Manager Rier- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Deputy Director of Information Technology DATE: June 23, 2015 SUBJECT: Approve the Non -Exclusive Purchase Agreement with Cyber Computers, Inc. and Authorize the Purchase of Hewlett Packard Desktop Computers from Cyber Computers, Inc. for Fiscal Year 2014-15 and Fiscal Year 2015-16 PREPARED BY: Michaela Ballreich, Deputy Director of Support Services RECOMMENDATION: That the City Council: 1. Approve the Non -Exclusive Purchase Agreement with Cyber Computers, Inc. in the amount of $69,747.78 for Fiscal Year 2014-15 and Fiscal Year 2015-16; 2. Authorize the purchase of 26 Hewlett Packard desktop computers from Cyber Computers, Inc. in the amount of $19,747.78 for Fiscal Year 2014-15; 2. Authorize the purchase of Hewlett Packard desktop computers from Cyber Computers, Inc. in the amount of $50,000.00 for Fiscal Year 2015-16. BACKGROUND: To complete the City's Five-year Lifecycle Replacement Plan for Fiscal Year 2014-15, the purchase of 26 Hewlett-Packard desktop computers is being recommended. The City has standardized by utilizing Hewlett Packard equipment to effectively and cost efficiently manage the enterprise computing environment. On May 21, 2015, the City solicited a Request for Quotes (RFQ) via the City's online bidding system, PlanetBids. A total of 176 vendors were notified of the RFQ. On May 26, 2015, a total of 6 vendors submitted a responsive quote, none of which were local vendors. The low bidder was Cyber Computers, Inc. from Irvine, California, in the amount of $759.53 per desktop computer. The solicitation did include the Local Vendor Preference Ordinance language as adopted in July 2012. There were no local bidders within 5% of the low bidder. Over the past two plus years, the Information Technology (IT) Department has completed 17 RFQs for the purchase of IT -related equipment such as PCs, monitors, printers, notebooks, scanners, and Zero Clients. Of these 17 RFQs, Cyber Computers, Inc. has been awarded 13 of them. Cyber Computers, Inc. is an authorized dealer for major manufacturers, including Hewlett Packard. Cyber Computers, Inc. has consistently offered the City aggressive pricing. It is, therefore, being requested that the Non -Exclusive Agreement be approved to enable the Information Technology Department to purchase 26 Hewlett Packard desktop computers necessary to complete the five-year lifecycle replacement for Fiscal Year 2014-15 and to authorize the purchase of Hewlett Packard desktop computers to continue the five-year lifecycle replacement from Cyber Computers, Inc. in an amount not to exceed $50,000 for Fiscal Year 2015-16 FISCAL IMPACT: Adequate funds have been budgeted in the Fiscal Year 2014-15 and 2015-16 Information Technology Replacement Fund/Capital Outlay. ATTACHMENTS: Non -Exclusive Purchase Agreement NON-EXCLUSIVE PURCHASE AGREEMENT BETWEEN CITY OF TEMECULA AND CYBER COMPUTERS, INC. PURCHASE OF HEWLET PACKARD DESKTOP COMPUTERS THIS AGREEMENT is made and effective as of June 23, 2015, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Cyber Computers, Inc, a Corporation, (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on June 23, 2015, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2016, unless sooner terminated pursuant to the provisions of this Agreement. 2. PURCHASE AND SALE OF MERCHANDISE On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Vendor agrees to sell and deliver to City merchandise as more particularly described in Exhibit A, attached hereto and incorporated herein as though set forth in full (hereafter "Merchandise"). This is a non-exclusive agreement between the City and Vendor and no guarantee of purchase or total purchase price as outlined in the section entitled "Purchase Price" is given or implied. This Agreement shall remain and continue in effect unless terminated pursuant to the provisions of this Agreement. 3. PURCHASE PRICE The Purchase Price, which City agrees to pay to Vendor for the merchandise, will be as quoted in Exhibit A, with an annual not to exceed amount of Sixty Nine Thousand Seven Hundred Forty Seven Dollars and Seventy Eight Cents ($69,747.78) for the total term of the agreement. Vendor will submit invoices monthly for actual merchandise ordered and received. Invoices shall be submitted between the first and fifteenth day of each month for merchandise delivered and received. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Vendor's fees, it shall give written notice to the Vendor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. The not to exceed purchase amount listed herein is an estimated expenditure and this agreement does not guarantee Vendor this amount in purchases. 4. REPRESENTATION AND WARRANTIES OF VENDOR Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. 1 b. Title, License and Operating Condition. Vendor has good and marketable title to all of the Merchandise. All of the Merchandise is free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Merchandise free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Merchandise is in good operating condition, is free of any defects, and is in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains or will contain any untrue statements of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. TIME OF DELIVERY The date and time of delivery of the merchandise shall be as stated at time of order. 6. PLACE OF DELIVERY The merchandise shall be delivered to the City location as stated on the purchase order or at time of merchandise order. 7. RISK OF LOSS Risk of loss, damage and destruction of the merchandise shall remain with the Vendor until after inspection and acceptance of the merchandise by City. 8. INSPECTION AND ACCEPTANCE City shall inspect the merchandise at the time and place of delivery. Such inspection may include reasonable review by City. If, in the determination of City, the merchandise fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise shall be deemed accepted by City as of the date of receipt. 9. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "Inspection and Acceptance" above, City may, at its option, (1) reject the whole of the Merchandise, (2) accept the whole of the Merchandise, or (3) accept any commercial unit or units of the Merchandise and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 10. NO REPLACEMENTS OF CURE This Agreement calls for strict compliance. Vendor expressly agrees that both the merchandise tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the merchandise or any part thereof pursuant to the section entitled "Rejection", City may, but is not 2 required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 11. INDEMNIFICATION Vendor 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, and its officers, officials, employees, agents, and volunteers, from and against any and all claims, demands, losses, defense costs or expenses, actions, liability or damages of any 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, employees, and 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 Vendor's negligent or wrongful acts or omissions arising out of or in any way related to the Work or the Vendor's performance or non-performance of this Agreement, excepting only liability out of the sole negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 12. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: • Description of Merchandise and Price List, attached hereto as Exhibit A • Payment Rates and Schedule, attached hereto as Exhibit B b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, and a Vendor quote the prices list as attached hereto and incorporated herein prevail over the Vendor's quote. 13. REMEDIES The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 14. SURVIVAL OF RERESENTATIONS AND WARRANTIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 15. LEGAL RESPONSIBILITIES The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 16. ASSIGNMENT The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. This Agreement shall 3 be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. Upon termination of the Agreement, Vendor's sole compensation shall be payment for actual equipment received. 17. SEVERABILITY If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 18. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Vendor at least ten (10) days prior written notice. Upon receipt of said notice, the Vendor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Vendor the actual value of the merchandise produced up to the time of termination, provided the merchandise was ordered by the City prior to termination of the Agreement. Upon termination of the Agreement pursuant to this Section, the Vendor will submit an invoice to the City pursuant to the section entitled "Purchase Price." 19. 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 Vendor, or Vendor's sub -Contractors for this project, during his/her tenure or for one year thereafter. The Vendor hereby warrants and represents to the City that no officer or employee of the City of Temecula 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 Vendor or Vendor's sub -Contractors on this project. Vendor 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. 20. ENTIRE AGREEMENT; MODIFICATION; WAIVER This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether oral or written. No supplement, modification or amendment of this Agreement or the Agreement Documents shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement or the Agreement Documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 21. 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 4 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: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Cyber Computers, Inc. Attn: George Haig 18662 Macarthur Blvd. Ste. 200 Irvine, CA 92612 22. EFFECTS OF HEADINGS The subject headings of the sections and subsections of this Agreement are included for convenience only and shall not affect or be considered in the construction or interpretation of any of its provisions. 23. GOVERNING LAW This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 24. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind the Vendor to the performance of its obligation 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. 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CYBER COMPUTERS, INC. By: By: Jeff Comerchero, Mayor Ali Ilyas, CEO/President ATTEST: By: Randi Johl-Olson, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney VENDOR Cyber Computers, Inc. Attn: George Haig 18662 Macarthur Blvd. Ste. 200 Irvine, CA 92612 Acting PM Initials Date: (7 6 EXHIBIT A Hewlett Packard Desktop Computers EXHIBIT B PAYMENT RATES AND SCHEDULE (To be determined at time of purchase). State of California Secretary of State 7 Li, 8 I, DEBRA BOWEN, Secretary of State of the State of California, hereby certify: That the attached transcript of 1- page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. Sec/State Form CE -107 (REV 01/2007) IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of ,J111'4 3 0 2007 • DEBRA BOWEN Secretary of State immikmmlimmgr__ wfinimmm Stai_ of California Secretary of State STATEMENT OF INFORMATION (Domestic Stock and Agricultural Cooperative Corporations) FEES (Filing and Disclosure): $25.00. If amendment, see instructions. PORTANT — READ INSTRUCTIONS BEFORE COMPLETING THIS FORM This Space For Filing Use Only . CORPORATE NAME (Please do not alter if name is preprinted.) </brAPuT6P-5 20‘ 474 '8 DUE DATE: NO CHANGE STATEMENT (Not applicable if agent address of record is a P.0, Box address. See instructions) 2. If there has been no change in any of the information contained in the last Statement of Information filed with the California Secretary State, check the box and proceed to Item 1C If there have been any changes to the information contained in the last Statement of Information filed with the California Secretary of State, or no statement has been previously filed, this form must be completed in its entirety. COMPLETE ADDRESSES FOR THE FOLLOWING (Do not abbreviate the name of the city te 3 and 4 cannot be P.O. Boxes.) 3. STREET ADDRESS OF PRINCip4L EXECURIVE Of CITY CZ1 2- • IM C- 4e.2cro 4. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE c—P\ 4:7\ 2 b II_ STATE ZIP CODE CA 5. MAILING ADDRESS OF CORPORATION, IF DIFFERENT THAN ITEM 3 CITY STATE ZIP CODE NAMES AND COMPLETE ADDRESSES OF THE FOLLOWING OFFICERS (The corporation must have these three officers. A comparable till for the specific officer may be added; however, the preprinted titles on this form must not be altered.) 6. CHIEF,EXECUTIVE OFFICER/ ADDRESS CITY f'\L 1 IL:11\s" 2 To 5 ca 1 - - , y 1 V. V i INe CITY 7. SECRETARY/ ADDRESS ih 8. CHIEF FINANCIAL OFFICER/ p., NAMES AND COMPLETE ADDRESSES OF ALL DIRECTORS, IN must have at least one director. Attach additional pages, if necessary.) 9. NAME ADDRES5_,,, ADDRESS A Ytile STATE ZIP CODE c. c12614- STATE ZIP CODE CITY 10. NAME 5 css<_ot, ADDRESS STATE ZIP CODE UD NG DIRECTORS WHO ARE ALSO OFFICERS (The corporation CITY STATE ZJP CODE KV zSi4 i CITY STATE ZIP CODE 11, NAME ADDRESS CITY STATE ZIP CODE 12, NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY: AGENT FOR SERVICE OF PROCESS (If the agent is an individual, the agent Must reside in California and Item 14 must be completed with a California street address (a P.O. Box address is not acceptable). If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate pursuant to Corporations Code section 1505 and Item 14 must be left blank.) 13. NAME OF AGENT FOR SERVICE OF PROCESS VA k 1/41, 1/1 14. STREET ADDRESS OF AGENT OR SERVICE OF PRO ESS IN CALI ORNIA, IF AN INDIVIDUAL CITY -10y-• "%\ c afj STATE ZIP COD CA TYPE OF BUSINESS 15. DESCRIB THE TYPE OF USINES 0 HE CIORPIVXATIION Ow% Pv•A t..71 IA) Nat le 5c4 le 16, BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE, CONT INED HEREININcLUDING Y TTACHMENTS, IS TRUE AND CORRECT. I 2 6 NI TYPE/PRINT NAME OF PERSON COMPLETING FORM TITLE PAT THE CORPORATION CERTIFIES THE INFORMATION I-9 /1'. RP,/ onns) SIGNATURE APPROVED BY SECRETARY OF STATE 0 NDORSED .FILED in the office of the Secretary of State of the State of California ARTICLES OF INCORPORATION The name of this corporation is.Cyber Computers ince The purpose of the corporation is to engage in any lawful act or activity for which a corporation may be organized.under the GENERAL CORPORATION LAW of California other than the banking business, the trust company business or the practice of a profession permitted to be Incorporated by the California Corporations Code. 111 JAN 3 0 NV .The name and address in the State of California of this corporation's Initial agent For service of process is: Mir Khan 18662NacArthur Suite 380 Irvine, CA 02612 This corporation Is authorized to issue only one class of shares of stock; and the total number of shares which this corporation is authorized to issue is 10,000.00 Signature of Incorporator Item No. 15 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Interim Community Development Director DATE: June 23, 2015 SUBJECT: Approve Fiscal Year 2015-16 CR&R Schedule of Solid Waste and Recycling Rates Pursuant to Franchise Agreement with CR&R, Inc. PREPARED BY: Dale West, Associate Planner RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE AND RECYCLING RATES FOR FISCAL YEAR 2015-16 BACKGROUND: Pursuant to the existing solid waste franchise agreement with CR&R, Incorporated (CR&R), the rates charged for refuse collection and recycling for residential and commercial services within the City of Temecula are subject to annual review and modification, based upon changes in the Consumer Price Index (CPI), the #2 Diesel Fuel Index, and changes to the Riverside County landfill tipping fees. The modification methodology is outlined in the franchise agreement and is based on the previous year's rate multiplied by the CPI and #2 Diesel Fuel Index. The landfill tipping fee increase or decrease is a pass-through component of the rates. For the Fiscal Year 2015-16 CR&R rate, the annual average (January — December) CPI as reported by the U.S. Department of Labor Bureau of Labor Statistics -Los Angeles -Riverside - Orange Counties for All Urban Consumers increased by 1.35%, compared to the annual average CPI in 2014. The annual average (January — December) #2 Diesel Fuel Index decreased by 5.70% compared to the annual average in 2014. The County of Riverside Waste Management Department increased their tipping fee for Fiscal Year 2015-16 by 0.72%. Additionally, on April 14, 2015 the City Council unanimously approved the CR&R residential organics recycling program. Implementation of this program will commence January 1, 2016. Since the program would begin implementation midway through the fiscal year, only half of this annual rate ($0.98 per parcel per month) will be applied to the FY 2015-16 rate structure. Assessing half the monthly rate for the full year is necessary because the Riverside County Assessor's Office cannot assess rates mid fiscal year. Beginning in FY 2016-17, the full rate of $1.95 per parcel per month will be assessed to reflect a full year of implementation. This is essentially a tipping fee because it reflects the cost of diverting organic wastes to the facility in order to process them in accordance with state law. Based on a combination of a CPI, #2 Diesel Fuel Index, landfill tipping fees, and the adopted residential organics recycling program, the solid waste rates will increase by approximately 6.5%, from the current rate of $19.88 to $21.03 per month for residential customers. Commercial rates vary based on the amount of solid waste and frequency of collection but are generally expected to increase by approximately 1%. The attached Exhibit D, from the franchise agreement between the City of Temecula and CR&R Inc., reflects the adjusted FY 2015-16 solid waste and recycling schedule of rates for collection services. If approved by the City Council, the adjusted rates will become effective July 1, 2015. FISCAL IMPACT: Solid waste and recycling services are paid for directly by the customers receiving the services. No additional costs will be incurred by the City of Temecula. ATTACHMENTS: 1. Resolution Exhibit D — Schedule of Rates 2. Consumer Price Index — Bureau of Labor Statistics 3. #2 Diesel Fuel Index — Bureau of Labor Statistics RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE AND RECYCLING RATES FOR FISCAL YEAR 2015-16 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby finds, determines, and declares as follows: A. The City of Temecula and CR&R Incorporated entered into an exclusive solid waste franchise agreement on May 28, 1991, as amended on August 27, 1996, June 24, 1997, July 25, 2000 and June 13, 2006 ("Franchise Agreement"), for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bin/roll off services in the City. B. The Franchise Agreement specifically provides for annual rate adjustments based on certain predefined criteria, specifically the annual average change in Consumer Price Index ("CPI"), the average annual change in No. 2 Diesel Fuel Index, and changes to the Riverside County landfill tipping fees. C. The Franchise Agreement further provides that a formula be used to calculate the rate adjustments on an annual basis using the following factors: 1. The annual average CPI from January through December of the previous fiscal year. For the 2014 calendar year, the CPI increased by 1.35% and will be applied to the Fiscal Year 2015-16 rate calculation. 2. The annual average #2 Diesel Fuel Index from January through December of the previous fiscal year. For the 2014 calendar year, #2 Diesel Fuel Index decreased by 5.54% and will be applied to the Fiscal Year 2015-16 rate calculation. 3. The County of Riverside Waste Management Department landfill tipping fee increased by 0.72% from the previous fiscal year and will be applied to the Fiscal Year 2015-16 rate calculation. D. The Franchise Agreement provides that the solid waste rates are to be adjusted by the City Council by Resolution based upon the application of the formula set forth in the Franchise Agreement. Section 2. The City of Temecula City Council approves the solid waste and recycling rate adjustments as shown in Exhibit D for Fiscal Year 2015-16. Section 3. The City Clerk shall certify to the passage and adoption of the Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of June, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl-Olson, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of June, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl-Olson, City Clerk CITY OF TEMECULA EXHIBIT "D" Schedule of Rates (effective July 1, 2015) 1 Mechanized single family detached residential collection, recycling, composting, transfer, and disposal grantee billing Monthly Rate: $ 20.05 Monthly AD Rate effective 07/01/2015 to 06/30/2016 $ 0.98 2 Mechanized single family detached residential collection, recycling, composting, transfer, and disposal parcel charge Monthly Rate: $ 20.05 Monthly AD Rate effective 01/01/2016 to 06/30/2016 $ 0.98 3 Mechanized single family detached residential additional refuse, and composting container grantee billing Monthly Rate: $ 8.78 4 Single family detached residential additional bulky item pick up - grantee billing Pick Up Rate: $ 10.38 5 Commercial. industrial, and multi -family residential refuse monthly bin rates ( one 2 cubic yard bin) with the following pick ups per week: Compacted 2 Cubic Yard monthly rate: 1 x week $ 94.91 2 x week $ 188.55 3 x week $ 282.17 4 x week $ 375.79 5 x week $ 469.43 6 x week $ 563.04 7 x week $ 656.68 2.5 x monthly rate 6 Commercial, industrial, and multi -family residential refuse monthly bin rates (one 3 cubic yard bin ) with the following pick ups per week: Compacted 3 Cubic Yard monthly: 1 x week $ 109.10 2 x week $ 216.93 3 x week $ 324.77 4 x week $ 432.58 5 x week $ 540.39 6 x week $ 648.22 7 x week $ 756.05 2.5 x monthly rate 7 Commercial, industrial, and multi -family residential recycling monthly bin rates ( one 3 cubic yard bin ) with the following pick ups per week: 1 x week $ 47.63 2 x week $ 95.28 3 x week $ 142.90 4 x week $ 190.53 5 x week $ 238.14 6 x week $ 285.78 7 x week $ 333.39 CITY OF TEMECULA EXHIBIT "D" Schedule of Rates (effective July 1, 2015) 8 Commercial, industrial, and multi -family residential refuse monthly bin rates ( one 4 cubic yard bin ) with the following pick ups per week: Compacted 4 Cubic Yard monthly rate: 1 x week $ 123.34 2 x week $ 245.41 3 x week $ 367.47 4 x week $ 489.54 5 x week $ 611.60 6 x week $ 733.65 7 x week $ 855.74 2.5 x monthly rate 9 Commercial, industrial, and multi -family residential recycling monthly bin rates ( one 4 cubic yard bin ) with the following pick ups per week: 1 x week $ 63.06 2 x week $ 126.16 3 x week $ 189.21 4 x week $ 252.30 5 x week $ 315.37 6 x week $ 378.46 7 x week $ 441.50 10 Temporary 3 cubic yard bin rate: $ 95.97 11 Extra Temporary or Regular Service pick up: $ 51.77 per pick up (Includes all bin sizes 2, 3 and 4 yards) 12 Redeliver and reinstatement rate: $ 39.47 per occurrence 13 Roll -off Delivery Fee: $ 68.84 per bin 14 Roll -off disposal rate: $ 222.92 + MRF/Iandfill/AD fee 15 Roll -off recycling rate: $ 222.92 plus market value 16 Roll -off compactor rate: $ 310.38 + MRF/landfill/AD fee 17 Roll -off recycling compactor rate: $ 310.38 plus market value 18 Scheduled Extra Green Waste pick up (up to 10 bags): $ 10.00 per pick up 19 Non -Scheduled Extra Green Waste pick up (up to 10 bags): $ 25.00 per pick up 20 E -Waste Pick up: no charge 21 "Hard to service" vehicle usage rate: no charge 22 "Hard to service" bin moving rate: no charge 23 Special bin lids (locking/CBL) rate: no charge 24 Deodorizing / replacing bin rate: no charge 25 Recycle Bin Contamination $ 45.54 26 MRF Fee: $ 47.12 per ton 27 C&D Fee: $ 47.12 per ton 28 Inert Disposal: $ 125.00 per load 29 AD Fee: $ 72.50 per ton Bureau of Labor Statistics Consumer Price Index - All Urban Consumers Original Data Value Series Id: CUURA421SAO,CUUSA421SA0 Not Seasonally Adjusted Area: Los Angeles -Riverside -Orange County, CA Item: All items Base Period: 1982-84=100 Years: 2005 to 2014 Year Annual 2005 201.8 2006 210.4 2007 217.338 2008 225.008 2009 223.219 2010 225.894 2011 231.928 2012 236.648 2013 239.207 2014 242.434 Source: Bureau of Labor Statistics Generated on: June 2, 2015 (06:15:54 PM) Bureau of Labor Statistics Producer Price Index -Commodities Original Data Value Series Id: WPU057303 Not Seasonally Adjusted Group: Fuels and related products and power Item: No. 2 diesel fuel Base Date: 198200 Years: 2005 to 2014 Year Annual 2005 189.1 2006 216.9 2007 235.5 2008 324.9 2009 180.6 2010 232.9 2011 316.2 2012 326.1 2013 317.7 2014 299.6 Source: Bureau of Labor Statistics Generated on: June 2, 2015 (06:12:41 PM) Item No. 16 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Interim Community Development Director DATE: June 23, 2015 SUBJECT: Approve a Consultant Services Agreement with Blanca Y. Price for Landscape Plan Check and Inspection Services for Fiscal Year 2015-16 PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: That the City Council approve a Consultant Services Agreement with Blanca Y. Price, in the amount of $110,000, to perform Landscape Plan Check and Inspection Services for Fiscal Year 2015-16. BACKGROUND: The Community Development Department's Planning Division utilizes the services of a landscape architectural firm to provide plan check and inspection services. Planning requires the services of a licensed landscape architect for their expertise in appropriate plant types to be used in our climatic region, calculation of project site landscape water budget, and irrigation system design. The licensed landscape architect also performs inspections of irrigation line installation, pressure testing of the irrigation system, irrigation head coverage, and plant installation. FISCAL IMPACT: There is no fiscal impact to the City. Landscape plan check fees are paid by the applicant. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND BLANCA Y. PRICE LANDSCAPE PLAN CHECK AND INSPECTION SERVICES THIS AGREEMENT is made and effective as of July 1, 2015, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Blanca Y. Price, a Sole Proprietor (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2015, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2016, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed one hundred ten thousand dollars ($110,000) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 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 portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant 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 Consultant'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 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 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: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Blanca Y. Price, Owner PO Box 1494 Temecula, CA 92593 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses 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 Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula 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 Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 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 Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 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 Blanca Y Price (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor Blanca Y. Price, Owner ATTEST: By: By: Randi Johl-Olson, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Blanca Y. Price PO Box 1494 Temecula CA 92593 951.837.3432 blancayprice@gmail.com Acting 6, PM Initialsc Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: There are two stages of plan checks that are anticipated. The first series of plan checks will occur at the Development Review Committee (DRC) stage. The second series of plan checks will occur when the applicant submits construction drawings for the landscaping based on conceptual plan approval and conditions of approval formulated by staff and the Planning Commission. Three landscape inspections will be performed on site. The first is to verify that all irrigation has been installed according to plans and specifications. The second is to verify that the planting and irrigation have been installed and running according to plans and specifications. The third is a bond release inspection which occurs no less than a year from the final approval of the project installation. Development Review Committee Review — Plans submitted by the applicant at this stage are conceptual. 1. The Consultant will pick up the plans at the City two times per week (preferably on Monday and Thursday). Two sets of landscape plans along with one copy of the conceptual grading plan, architectural site plan and architectural elevations will be made available to the Consultant to assure that landscaping is compatible with the architecture and appropriate for the proposed grading. 2. The Consultant may be required to meet with the project planner to discuss the project or visit the site prior to beginning the review. This option will be left up to the individual planner. 3. The Consultant will review the plans to verify consistency with the City Development Code, other Ordinances and the Citywide Design Guidelines. A site visit may be necessary to become familiar with the site and surrounding area. Two sets of plans will be redlined with comments notifying the applicant of necessary revisions to bring the plans into conformance with the City requirements. One redlined plan set is for the Consultant's reference. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional norms will also be marked for explanations from the applicant. Plans will be cross-checked against the architectural and grading plans. 4. The Consultant will return one set of the redlined plans along with plan check comments to the project planner within fourteen days of receipt of the first submittal and seven days for the second and third submittal. On projects that have been authorized by the Director of Community Development an expedited review, Consultant will complete conceptual review within four calendar days. Plan Check comments will also be sent to the project planner via e-mail for use by the City. One set of plans will be kept on file at the Consultant's office so that if questions arise from either the project planner or the applicant, the Consultant, with full knowledge of the project, can provide answers. 5. Once the applicant has resubmitted revisions, the Consultant will pick up the plans at the City and re -check them for conformance. Should all revisions have been made and all questions answered, the plans will be returned to the project planner with a letter recommending approval. If all revisions are not made, one set of plans will be redlined again and returned to the applicant for revisions. Conceptual Landscape Plans that have been substantially changed from the original submittal may be subject to an additional fee. Construction Documents Review 1. The Consultant will pick up plans at the City two times per week (preferably on Monday and Thursday). Two sets of landscape construction plans, one copy of the approved conceptual landscape plan, conditions of approval and final precise grading plan will be made available to the Consultant to verify consistency with City Development Code, other Ordinances, and Citywide Design Guidelines. Two sets of landscape construction plans will be redlined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with City requirements. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional norms will also be marked for explanations from the applicant. Plans will be cross-checked against the final precise grading plans. 2. The Consultant will return one set of redlined plans along with plan check comments to the project planner. Plan check comments will also be sent to the planner via e-mail. Comments/redlines shall be returned to the planner within two weeks after notification of plan pick up. Comments shall also be broken up into groups. The first group of comments addresses landscape issues related directly to the landscape architect. The second group of comments addresses landscape issues as they relate to site planning or grading issues. Comment shall be both in digital (e-mail) and hard copy format. One set of plans will be kept on file at the Consultant's office so that if questions arise from either the project planner or the applicant, the Consultant, with full knowledge of the project, can provide answers. 3. Once the applicant has resubmitted revisions, the Consultant will pick up the plans at the City and re -check them for conformance. Should all revisions have been made and all questions answered, the plans will be returned to the project planner with a letter recommending approval. If all revisions are not made, one set of plans will be redlined again and returned a second time for revisions. This process will continue until plans are brought into conformance with City standards, professional norms, and approved landscape plans. Plan checks beyond the third check will be subject to an additional per sheet fee. 4. The Consultant will review the cost estimate and notify the project planner that the estimate is appropriate for bonding requirements. Landscape Inspection Three landscape inspections will be performed for projects. The first landscape inspection will include a pressure test (where applicable) and verification that installation of irrigation meets conformance to plans and specifications. The second inspection will be performed once the landscaping installation is complete to assure irrigation coverage and installation of plant material according to plans and specifications. A third inspection will occur for bond release at one year from final approval of landscape. A written report will be provided to the project planner after each inspection indicating the status, if desired by the project planner. The Consultant will send a copy of the report to the applicant/contractor so that they will know which items need correction or completion. Each landscape inspection will be billed at the agreed upon rate, as demonstrated in Exhibit B. Inspections will be completed in no more than three (3) working days after notification. It is the responsibility of the Consultant to confirm that the City has received payment from the applicant prior to scheduling inspections with the applicant. Failure to do so may result in delay of payment to the Consultant. Landscape Architectural Resources The Consultant shall be available to act as a resource for City staff responding to general questions or questions regarding specific projects. Should staff require additional landscape review services, the Consultant shall provide services based on a mutually agreed upon flat rate fee, found in Exhibit B. Attendance at Meetings The Consultant shall be available to attend Development Review Committee and Planning Commission meetings as requested by the City of Temecula Planning Staff based on an agreed upon fee in Exhibit B. Invoicing Invoicing for landscape plan check and inspection services performed is required to be submitted to the City on a monthly basis. Per the Agreement, Section 4c Payment, the invoice must to be received by the City no later than 15 days following the end of the billing period. EXHIBIT B Payment Rates and Schedule 1. Conceptual Plan Review Project Acreage Fee 0 - 5 acres $360 >5 - 10 acres $600 >10 - 20 acres $780 >20 - 50 acres $960 >50 acres $960 plus $20 per acre over 50 acres Multiple reviews will be covered under the initial conceptual review cost, unless substantial changes to the conceptual landscape plan have been made by the applicant that are not as a result of the comments from the Consultant. Additional conceptual reviews for plans that have been substantially altered will be billed at a new and separate flat fee of $100.00 per sheet. Plan checks beyond the third check shall be billed at a flat rate of $100.00 per sheet 2. Construction Plan Review The following fees are based on reviewing a maximum of three submittals from the applicant. Should additional reviews be necessary, they will be charged at the rate of $100.00 per sheet. Square Footage of Landscaping Flat Plan Check Fee 0 - 5,625 $720 5,625 - 22,500 $1,340 22,501 - 30,375 $1,650 30,376 - 37,125 $1,940 37,126 - 45,000 $2,270 45,001 - 56,250 $2,590 56,251 - 67,500 $2,920 67,501 - 78,750 $3,240 78,751 - 90,000 $3,560 90,000 & up $3,560 + .0075 for each s.f. above 90,001 s.f. Plan checks beyond the third check $100/sheet 3. Specific Plan Review Fee 4. Inspection Fees $600 Single Family Detached $200 per unit (Includes bond release inspection) (Models and Typicals) All Other Landscape Plans $120/500 sq. ft. (bond release inspection not included) (i.e. Multi-Family/Slopes/HOA/Commercial, etc., when the landscaped area exceeds 10,000 square feet, approval is required for the inspection fee calculation.) • First Inspection - Irrigation Inspection • Second Inspection - Landscape and Irrigation Coverage Inspection 5. Bond Release Inspection $250 A landscape maintenance bond is required on projects to ensure continued maintenance of landscaping for a minimum of one year. At that time, an inspection is requested in order for the bond to be released. 6. Landscape Architectural Resource Attendance at Development Review Committee and Planning Commission meetings will be performed at the flat fee of $300.00/meeting. Should staff require additional landscape review services to be performed, not included within this scope of work; services will be charged at an hourly rate of $110.00. Item No. 17 Approvals City Attorney Finance Director City Manager -.! CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Interim Community Development Director DATE: June 23, 2015 SUBJECT: Approve the Agreement with Esgil Corporation for Plan Check Services for Fiscal Year 2015-16 PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: That the City Council approve the Agreement with Esgil Corporation, in the amount of $200,000, for Plan Check Services for Fiscal Year 2015-16. BACKGROUND: To assist with the high volume of permit applications the City processes, Building and Safety contracts outside plan review consulting services with Esgil Corporation. Plan review services include accurate code interpretation, review of construction plans for all applicable code disciplines, and identification of areas of noncompliance. Using an outside consultant allows the City to provide high quality customer service, and efficient turnaround time. FISCAL IMPACT: There is no fiscal impact to the City. Plan check services are paid for by the applicant. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND ESGIL CORPORATION BUILDING PLAN REVIEW SERVICES THIS AGREEMENT is made and effective as of July 1, 2015, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Esgil Corporation, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2015, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2016, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.qov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DI R) pursuant to Labor Code Section 1771.4. 5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir. ca.gov/Public-Works/PublicWorks. html 6. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed two hundred thousand dollars ($200,000) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION The Consultant 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 Consultant'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. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. broad as: 00 01 11 85 or 88. Minimum Scope of Insurance. Coverage shall be at least as 1) Insurance Services Office Commercial General Liability form No. CG 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. 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: To Consultant: 16. ASSIGNMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Esgil Corporation Attn: Kurt Culver 9320 Chesapeake Drive Suite 230 San Diego, CA 92123 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. 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 Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula 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 Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. 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. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 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 Esgil Corporation (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor Kurt Culver, President ATTEST: By: By: Randi Johl-Olson, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Chuck Mendenhall, Vice President Esgil Corporation Attn: Kurt Culver 9320 Chesapeake Drive Suite 230 San Diego CA 92123 858.860.1468 kculver@esgil.com Acting PM Initials: ( Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: PLAN REVIEW SERVICES SCOPE OF WORK 1. Plan pickup and delivery should be done within 24 hours after receiving notice from the City at the expense of the Consultant. 2. Perform complete plan review of submitted plans to determine compliance with adopted codes (listed below) including any amendments to the Temecula Municipal Code: California Building Code (CBC) California Plumbing Code (CPC) California Mechanical Code (CMC) California Fire Code (CFC) California Residential Code (CRC) 2008 California Building Energy Efficient Standards (CBES) Energy Conservation Disabled Access 3. Consultant shall provide plan correction lists to the City who will provide them to the applicant. 4. Consultant shall not receive or distribute plans directly to the applicant without prior authorization from the City. 5. Plan Review turn -around times shall be no more than 10-12 business days for new submittals and 5-7 business days for re -submittals. 6. Perform all necessary liaison with the applicant's designee, by telephone, fax, mail, e- mail or meeting in Consultant's main office, and perform all necessary rechecks to achieve conformance to the regulations. 7. Perform all necessary liaison with the Building Official or his designee, by mail, e-mail, telephone, fax or in Consultant's main office regarding any discretionary code issues. 8. Perform plan review of revisions to plans that have previously been approved for permit issuance charged hourly based on the Consultants approved rate schedule (see Exhibit B Payment Rates and Schedule). 9. Perform extra work when requested in writing by the City including accelerated plan review on an as -needed basis. 10. Attend meetings related to proposed building projects at the request of the Building Official at locations other than Consultant's office. EXHIBIT B Payment Rates and Schedule COMPENSATION FOR PLAN REVIEW SERVICES 1 The compensation paid by the City to the Consultant for each plan review shall be 60% of the "Plan Check Fee" per the City's User Fee Schedule. The single fee includes all rechecks, plan check conferences at Consultant's office, reviewing plans that are initially found to be incomplete and for the transmitting of plans back to the jurisdiction. 2. Compensation for revisions shall be calculated either the same as the percentage of plan review fee or shall be based on Consultant's Labor Rates Schedule. The method of calculating compensation for each such plan reviewed shall be as agreed to by the Building Official and Consultant. 3. Compensation for work performed accelerated, extra work and meetings shall be based on the Consultant's Labor Rates Schedule listed below as modified each year. ESGIL CORPORATION HOURLY RATES Supervising Structural Engineer $135.00 Structural Engineer $120.00 Civil Engineer $105.00 Electrical Engineer $105.00 Mechanical Engineer $105.00 Certified Access Specialist $105.00 I.C.C. Plans Examiner $86.00 Building Inspector $83.00 Note Labor rates are only used when requested by our clients, where a Building Plan Check Fee is not applicable. Item No. 18 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Interim Community Development Director DATE: June 23, 2015 SUBJECT: Approve the First Amendment to the Agreement with Environmental Science Associates for a Supplemental Environmental Impact Report for the Proposed Audi Dealership PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: That the City Council approve the First Amendment to the Agreement with Environmental Science Associates, in the amount of $6,000, for a Supplemental Environmental Impact Report for the proposed Audi Dealership, for a total Agreement amount of $148,250. BACKGROUND: The City is processing an application for a Development Plan to construct a 37,000 square foot Hoehn Audi Auto Dealership. The proposed development will include a showroom, offices, and service area. The project is generally located at Temecula Center Drive in the Harveston Specific Plan, south of the existing Mercedes-Benz dealership. Pursuant to California Environmental Quality Act (CEQA) requirements, Environmental Science Associates is preparing a Supplemental Environmental Impact Report (SEIR) based on the previously certified Harveston Specific Plan EIR. It includes updated analyses for aesthetics, air quality, biological resources, noise, traffic, and water supply/quality. This amendment to the agreement includes additional analysis for burrowing owls. FISCAL IMPACT: There is no fiscal impact to the City. The Developer has deposited sufficient funds to cover the cost of the Supplemental EIR. ATTACHMENTS: Agreement FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ENVIRONMENTAL SCIENCE ASSOCIATES SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED AUDI DEALERSHIP THIS FIRST AMENDMENT is made and entered into as of June 23, 2015, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Environmental Science Associates, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On April 14, 2015, the City and Consultant entered into that certain Agreement entitled "Agreement for Supplemental Environmental Impact Report for the Proposed Audi Dealership," in the amount of $142,250. b. The parties now desire to add scope of work, increase the payment in the amount of $6,000, and to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed six thousand dollars ($6,000), for additional environmental analysis for a total Agreement amount of one hundred forty eight thousand two hundred fifty dollars ($148,250). 3. Exhibits A and B to the Agreement are hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA ENVIRONMENTAL SCIENCE ASSOCIATES (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor Eric Ruby, Senior Vice President ATTEST: By: By: Randi Johl-Olson, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Bobbette Biddulph, Vice President Environmental Science Associates Attn: Eric Ruby 550 West C Street Suite 750 San Diego, CA 92101 619.719.4200 eruby@esassoc.com 2 Acting PM Initials( Date: c ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. Based on a review of the RCA Report for the project APN, as well as the habitat assessment conducted at the site on May 5, 2015 by ESA, focused burrowing owl surveys are recommended during the breeding season to determine if any burrowing owls are utilizing the project site and surrounding 500 -foot buffer for nesting and/or foraging. Since the site falls within a burrowing owl survey area as identified by the MSHCP, focused surveys are required if suitable habitat occurs on the site. The site contains low -growing ruderal vegetation with available burrows in the southeast portion of the 500 -foot buffer area and small mammal activity such as black -tailed jackrabbit. According to MSHCP burrowing owl survey protocol, 4 surveys are required within 2 hours after sunrise or 2 hours before sunset, walking transects to allow 100 percent visual coverage of the entire site and surrounding 500 -foot buffer. ESA will conduct the burrowing owl survey protocol to include 4 surveys conducted over a 2 week period with a minimum 1 -day in between surveys. ESA will include the results of the surveys in a MSHCP Focused Burrowing Owl Survey Report to be included as an appendix to the Biological Assessment/MSHCP Consistency Analysis Report being prepared for the project. Costs are not to exceed $6,000. 3 Item No. 19 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Interim Community Development Director DATE: June 23, 2015 SUBJECT: Approve the First Amendment to the Agreement for Consulting Services with Environmental Science Associates for an Environmental Impact Report for the Altair Specific Plan PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: That the City Council approve the First Amendment to the Agreement for Consultant Services with Environmental Science Associates, in the amount of $54,321, for the preparation of an Environmental Impact Report, for a total agreement amount of $315,789. BACKGROUND: Ambient Communities is proposing a Specific Plan, referred to as Altair, on 270 acres in the southwesterly portion of the City of Temecula, west of Old Town. The proposed Plan will include the four -lane divided Western Bypass, approximately 1,750 residential units, elementary school, civic/education site, neighborhood commercial, clubhouse, parks, trails, and hillside preservation. To complete the necessary environmental review, as required by the California Environmental Quality Act (CEQA), the City entered into an agreement with Environmental Science Associates (ESA) on July 14, 2014 to complete an Environmental Impact Report (EIR). The EIR process includes analyses to address impacts to the following environmental factors: • Aesthetics • Air Quality • Biological Resources • Greenhouse Gas Emissions • Cultural Resources • Geology and Soils • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Noise • Population and Housing • Public Services • Recreation • Transportation and Traffic • Utilities and Service Systems This Amendment to the Agreement includes updating research design and implementing an archaeological investigation. It also includes conducting nesting bird surveys, biological monitoring, and tribal consultation. FISCAL IMPACT: There is no fiscal impact to the City. Sufficient funds have been deposited by the applicant to cover the costs of the El R. ATTACHMENTS: Agreement FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ENVIRONMENTAL SCIENCE ASSOCIATES CONSULTANT SERVICES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT REPORT FOR ALTAIR SPECIFIC PLAN THIS FIRST AMENDMENT is made and entered into as of June 23, 2015 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Environmental Science Associates, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 22, 2014, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services for the Preparation of Environmental Impact Report for Altair Specific Plan," in the amount of $237,780, plus contingency in the amount of $23,778, for a total agreement of $261,558. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2016, increase the payment in the amount of $54,321, and add sections 20 and 21 and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2016 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed fifty four thousand three hundred twenty one dollars ($54,321), for additional environmental analysis for a total Agreement amount of three hundred fifteen thousand eight hundred seventy nine dollars ($315,879). 4. Section 20 of the Agreement entitled "Prevailing Wage" is hereby added to read as follows: Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of 1 the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.qov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 5. Section 21 of the Agreement entitled "Registration With the Department of Industrial Relations" is hereby added to read as follows: Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html 6. Exhibits A and B to the Agreement are hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 7. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA ENVIRONMENTAL SCIENCE ASSOCIATES (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor Eric Ruby, Senior Vice President ATTEST: By: By: Randi Johl-Olson, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Bobbette Biddulph, Vice President Environmental Science Associates Attn: Eric Ruby 550 West C Street Suite 750 San Diego, CA 92101 619.719.4200 eruby@esassoc.com 3 Acting PM Initials: Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. Scope of Services The scope includes the following four (4) tasks: Task 1.1.pdate Research Design and Implement Archaeological Invesngation Based on comments provided by the Pechanga to date and a subsequent Meeting to held with the Pechanga as part Df Task 5, ESA will update the Research Design (Vader et aL 2015) prior to or concurrent with the start of field work. depending on the extent and type of revisions. The archaeological investigation will include a combination of close -interval pedestrian survey. shovel scrapes, shovel test pit excavations, and mechanical trenching. The investigation will require 20 person -days and is anticipated to be conducted by a team of four archaeologists over a period of five working days plus travel time and mobilization Task 2. Nesting Bird Surveys and Biological Monitoring Because the mechanical trenching component of the archaeological investigation within the proposed Civic Site ADI will disturb vegetation and will be conducted during nesting season (January 15 through August 15). this activity will impact biological resources including Diegan coastal sage snub habitat. As such a qualified biologist will be retained to conduct nesting bird surveys within 7 days prior to any ground disturbing activities, as well as to monitor the mechanical trenrhin¢ to ensure that no sensitive resources including special -status plants. wildlife burrows. nesting birds. jurisdictional drainages or riparian habitats. etc.. will be impacted. Task 3. Laboratory Analy-sis All archaeological materials recovered during the investigation will be transported to ESA's San Diego or Los Angeles office for laboratory analysis and assessment. Each artifact will be cataloged according to provenience. material type. and function using an Excel spreadsheet. Task 4. Report Upon completion of the field work. an Archaeological Investigation Report will be prepared documenting the methods and results of the investigation_ The report will provide recommendations regarding further treatment of any, archaeological resources identified. if deemed necessary. California Department of Parks and Recreation (DPR) 523 forms or updates will be prepared and appended to the report_ The report will be submitted to the City and the Pechanga for review and comment. One round of comments will be addressed. A copy of the final report will be filed at the EIC. Task 5. Tribal Coordination Based on a conference call between ESA and the Pechanga held on May 26.2015_ ESA understands that information related to the Tribe's Origin Area will be provided by the Pechanga and briefly summarized in the Research Design and that a more thorough discussion of the Origin Area and recent NRHP listing will be provided in the final report. This task includes nrinimal time for additional coordination by phonelemail throughout the duration of the investigation 4 Assumptions • Work will be done on a time and materials basis_ • The Applicant will contract directly with the Pechanga to provide Tribal Monitoring during the investigation. • A biological monitor will be present during mechanical trenching only. Biological monitoring of hand excavation techniques will not be necessary. • ESA assumes that rental of a field vehicle will not be necessary and that transport of equipment will be conducted by the crew chief. • Lodging and meals expenses assume a crew of four (4) archaeologists for five (5) daysnights with a rate of 5115 per night lodging (including taxes and fees) and $35 per day meals per person_ Lodging and meals will be reimbursed to actual cost not to exceed $150 per personper day_ • Mileage expenses assume the crew will be composed of two (2) staff from the Los Angeles area and two (2) staff from the San Diego area. and that the crew chief will provide daily transportation of crew and equipment to/from the hotel and project site- Mileage will be reimbursed at a rate of S0.57'nnle. • Travel time assumes four (4) hours per person roundtrip from the Los Angeles area and two (2) hours per person roundtrip from the San Diego area. ESA anticipates that the crew will arrive in Temecula the day prior to start of fieldwork and return travel will be completed on the last day of fieldwork • The biologist will not require lodging meal expenses_ The biologist will be reimbursed for daily mileage. which is assumed to be 120 miles per day roundtrip for three (3) days_ • The City, wildlife agencies. or RCA will not require habitat restoration efforts above what is outlined in the Research Design dated March 2015. • Backhoe and operator can complete the trenching within 2 days. • No special studies. such as radiocarbon dating or macrobotanical flotation. will be conducted. • No human or faunal bone will be recovered. • No more than 25 artifacts'ecofacts will be collected and subject to laboratory analysis and catalogued. • Artifacts will be donated to the Pechanga and duration costs are not included in this scope. ESA assumes that the Pechanga will coordinate picking up the artifacts after completion of the final report. • No in-person meetings with the client and/or Pechanga will be attended. • The revised Research Design will not be re -circulated for additional connnents.'review_ Task 6. Costs to Prepare the Research Design not covered by Contingency Funds On January 27, 2015. ESA requested approval from the City to prepare a Research Design for archaeological investigations for the Altair project. The request included the use of contingency fads for this work effort with the understanding that the contingency funds would only cover S7.508 of a total cost of 512.794: leaving a shortfall of $5,286. It was agreed that this shortfall would be included in the next contract amendment between the City and ESA On January 30. 2015. ESA received a notice to proceed fi-om the City to prepare the Research Design. and submitted the Research Design on March 11. 2015. This task covers the contingency shortfall of S5.286. Cost This scope of work will be performed on a time and materials. not to exceed basis. Should work efforts take less time or materials than what is assumed (e.g.. less than 25 artifacts found and analyzed) ESA will charge the lesser amount. Costs for Tasks 1 through 5. wfiich include the field work and reporting. total $49.035. Task 6 is a task that has been completed under a previous arrangement with the City. as noted above. and which labor costs associated with this work will be billed for the hours spent. not exceeding a total cost of S5.286. 5 Schedule The updated Research Design will be completed within two (2) week of receiving the information from the Pechanoa based on the call of May 2015 with Alma Hoover. The field work will be completed within two (2) weeks of receipt of a notice to proceed and an assumed start date of June 1. 2015. The Draft archaeological Investigation Report will be submitted within ten (10) days of the conclusion of the field work A Final Archaeological Investigation Report will be submitted within one (1) week of receipt of connuents. Sincerely. Monica Strauss. MA.. R.P.A. Cultural Resources Group Director. Southern California 6 TABLE 1: PRICING PROPOSAL Total Labor Pram - § - \ ®®-® mgt � - P1 14, -----------6464-®-6464--w ........ .. .......... \ _ | - Ae§� ,,,,,,,,,,,,,,,,,,,,,/ \ $ U' - - „\, ®- ._- - ,,,,,,,,,,,,,,,,,,,,, - - - - - - - - - - -- - - - - - - - - - 2 5 - 1 �� �- --rq ki 44d s) / d K� § , aD7§4 ..• L \... i - .1 s 3,720 vk ..................... f R �u �* Wi el c4ai �7 § 2�` % a s . - @�■ 2� �~� sr §7\� 44 gk§ IN '-�i- 3f4 iU � cr R / 2 I- k $ n sh a ( o§f fo )1%% 71}}co R , � , ...,., . ,,,. .. . TOTAL PROJECT PRICE Reimbursable Costs 0 0 ' 0' ' 0' 0 0 00 v 8 og N V) N N V) N N N N N V) CUI g 2S A r •1 .n7 2 -13o • NW V c E aa`oa0u. Vehicle Rental N N N c N eketw 0 U z '5 a E IX 4' 0LL 0 Nin 00 0 t0 Total Reimbursable Costs • U 0 V) V) N V) V) V) V) V) V) V) V) V) V► 00 0 U d N E W 0 H Item No. 20 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: June 23, 2015 SUBJECT: Approve the Second Amendment to the Contract with Pacific Striping, Inc., for Citywide Repainting of Traffic Striping, PW13-04 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the City Council: 1. Approve the Second Amendment to the Contract with Pacific Striping, Inc., in the amount of $278,150, for Citywide Repainting of Traffic Striping, PW13-04; 2. Authorize the City Manager to approve additional work not to exceed the contingency amount of $51,850, which is approximately 18.6% of the annual amount. BACKGROUND: On July 23, 2013, the City Council approved a contract with Pacific Striping, Inc., in the amount of $278,150, to provide for Citywide repainting of traffic striping. The original contract allows for four one-year term extensions through June 30, 2018. Citywide repainting of street striping and pavement markings occurs on two annual occasions that are at approximately six-month intervals. In addition to repainting existing striping and pavement markings, the contract allows for minor modifications, as directed by the City Engineer, including the removal of existing stripes and the placement of new traffic stripes and pavement markings. Staff is satisfied with the performance of Pacific Striping, Inc. and recommends extending the contract. FISCAL IMPACT: The cost to provide Citywide repainting of traffic striping for Fiscal Year 2015-16 is $278,150, plus a contingency, in the amount of $51,850, to address potential extra work. Adequate funds have been requested in the Annual Operating Budget, Measure A Fund, for Fiscal Year 2015-16, within account 170-199-999-5410. ATTACHMENT: Second Amendment with Pacific Striping, Inc. SECOND AMENDMENT TO CONTRACT BETWEEN CITY OF TEMECULA AND PACIFIC STRIPING, INC. CITYWIDE REPAINTING OF TRAFFIC STRIPING, PW13-04 THIS SECOND AMENDMENT is made and entered into as of June 23, 2015, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Pacific Striping, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 23, 2013, the City and Contractor entered into that certain contract entitled "Contract for Citywide Repainting of Traffic Striping, PW13-04," in the amount of $278,150. b. On June 24, 2014, the City and Contractor entered into the First Amendment to that certain contract entitled "Contract for Citywide Repainting of Traffic Striping, PW13-04," to extend the term of the contract to June 30, 2015, and increase the payment in the amount of $278,150. c. The parties now desire to extend the term of the contract to June 30, 2016, increase the payment in the amount of $278,150, and to amend the contract as set forth in this Amendment. 2. Section 2 of the Contract entitled "TERM" is hereby amended to read as follows: This contract shall commence on July 23, 2013, with the first extended term starting July 1, 2015, and the second extended term starting July 1, 2016, and shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2016, unless sooner terminated pursuant to the provisions of this contract. The City may upon mutual agreement, extend the contract for two (2) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2018. 3. Section 6 of the Contract entitled "CONTRACT AMOUNT AND SCHEDULE" is hereby amended to read as follows: The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: Two Hundred Seventy Eight Thousand One Hundred Fifty Dollars (278,150), the total amount of the base bid for work in the second additional year of the Contract from July 1, 2015 through June 30, 2016. 4. Section 11 of the Contract entitled "PREVAILING WAGE" is hereby amended to read as follows: Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday 1 and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.qov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 5. Section 25 of the Contract entitled "AUTHORITY TO EXECUTE THIS CONTRACT" is hereby added to read as follows: Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir. ca.gov/Public-Works/PublicWorks. html 6. Except for the changes specifically set forth herein, all other terms and conditions of the Contract shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA Pacific Striping, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the contract on behalf of the corporation.) By: By: Jeff Comerchero, Mayor Scott Fisher, President ATTEST: By: By: Randi Johl-Olson, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Greg Fisher, Secretary/Treasurer Pacific Striping, Inc Attn: Scott Fisher P.O. Box 1691 Whittier, CA 90609-1691 Phone Number: (562) 945-7805 3 Item No. 21 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia Director of Public Works/City Engineer DATE: June 23, 2015 SUBJECT: Approve Miscellaneous Hardware and Supply Expenditures with Hank's Hardware for Fiscal Year 2015-16 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the City Council approve the estimated expenditure with Hank's Hardware for the purchase of miscellaneous hardware and other supplies for citywide department operations in the amount of $60,000 for Fiscal Year 2015-16. BACKGROUND: Hank's Hardware is one of three local providers of hardware supplies, small tools, and equipment purchased by various departments within the City of Temecula for the maintenance of facilities, parks, streets, enforcement operations, and public safety precautions. Based on prior fiscal year actuals and the increased demand for hardware, fixture components, small tools, and related supplies, the cumulative spending with Hank's Hardware between all City departments is expected to exceed $30,000 and may reach as high as $60,000 for this fiscal year. The City does not warehouse hardware and maintenance supplies making the expediency of utilizing local vendors for these goods imperative toward maintaining the safe operation of City buildings, parks, and streets. Staff recommends Council approve the estimated and fully funded fiscal year expenditure of $60,000 with Hank's Hardware. FISCAL IMPACT: Adequate funds are programmed in the Fiscal Year 2015-16 operating budgeted for all City departments. ATTACHMENTS: None Item No. 22 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tom Garcia, Director of Public Works/City Engineer DATE: June 23, 2015 SUBJECT: Adopt a Resolution Establishing a Parking Restriction on Via Dos Picos PREPARED BY: Jerry Gonzalez, Associate Engineer - Traffic RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ESTABLISHING A TIME LIMITED PARKING RESTRICTION ON VIA DOS PICOS BETWEEN THE HOURS OF 11:00 P.M. AND 6:00 A.M. BACKGROUND: A request was received to consider the feasibility of implementing a parking restriction on Via Dos Picos to discourage the long-term and overnight parking of motor vehicles in an effort to provide additional on -street parking for the Temecula Office of the Department of Motor Vehicles (DMV) and adjacent businesses. A review of parking conditions was performed during the normal business day and after hours to determine the number of vehicles parked on Via Dos Picos. As expected, the results of the parking survey indicate the Via Dos Picos is heavily parked during the day when the DMV and adjacent businesses are open to the public. In fact, motorists were observed circling Via Dos Picos or double parked while waiting for a place to park on the street. The survey also indicates that approximately twenty-six vehicles remained parked on the street after hours and had not been moved during the two-day observation period. Via Dos Picos primarily serves businesses that provide automotive repairs and/or related services. Some of the businesses currently use Via Dos Picos to store or park vehicles being serviced, which violates Temecula Municipal Code, Section 10.16.040, "Use of Certain Streets for Storage of Vehicles Prohibited". The time limited restriction will reinforce this code section and provide on -street parking relief for customers by removing the stored vehicles. At their meeting of May 28, 2015, the Public/Traffic Safety Commission considered the request and approved (5-0) the implementation of the parking restriction on Via Dos Picos. Staff recommends the City Council adopt a Resolution establishing a parking restriction on Via Dos Picos from 11:00 p.m. to 6:00 a.m. FISCAL IMPACT: Adequate funds are available for installation of signs in the Public Works, Traffic Engineering Division's Sign Maintenance Account No. 001.164.602.5244. ATTACHMENTS: 1. Resolution 2. Exhibit "A" Proposed Parking Restriction RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ESTABLISHING A TIME LIMITED PARKING RESTRICTION ON VIA DOS PICOS BETWEEN THE HOURS OF 11:00 P.M. AND 6:00 A.M. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The California Vehicle Code provides local jurisdictions the authority to establish regulations prohibiting the stopping, standing or parking of vehicles on certain streets by Ordinance or Resolution. A. The City Council desires to prohibit the stopping, standing or parking of vehicles on certain streets during certain hours. Section 2. Pursuant to Section 10.16.160, of the Temecula Municipal Code, "Parking Prohibited or Time Limited on Certain Streets", authorizes the City Council to establish parking prohibitions by Resolution on certain streets as shown in Exhibit "A". A. The City Council authorizes the City Engineer to maintain by appropriate signing and/or markings certain no stopping zones, no parking zones and restricted parking areas. B. The City Council hereby establishes a time limited parking restriction on Via Dos Picos between the hours of 11:00 p.m. and 6:00 a.m. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of June, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl-Olson, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of June, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl-Olson, City Clerk THE CITY OF TEMECULA 'a.,.'°m°r ,•OL314admun%, New Oppmnwma Location Map •,/,,,,,,,/,' 440, 41„„ - <0 0 _,_—,. . "Th>----- 40111"4"ii fik. so fr'''s 0 4.41v�'� ��Ai, . � -, 0 n%\ �� (7 i\\' Z - \ 4 -n 'P, 1;�cn \\�G04 •GOA G �. p0 `opo.-• Parking R€ �ii JSP A o ,,...\. V7---\\ \ /^ 1 u1 t Legend \ \ i es; , ___ ,. s \ SfNGL'EOAKDR:( �' �/' -'- NIA RD - RANCHO , C � �E � � RD, � V VACDEZ \ j / C9\�� 0 750 1500 ft. N Scale: 1:13,240 Map center: 6283921, 2128695 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. Item No. 23 TO: FROM: DATE: SUBJECT: Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT City Manager/City Council Thomas W. Garcia, Director of Public Works/City Engineer June 23, 2015 Receive Temporary Street Closures for 2015 Summerfest Events PREPARED BY: RECOMMENDATION: action by the City Manager: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer That the City Council receive and file the following proposed Temporarily close certain streets for the following 2015 Summerfest Events: TEMECULA ART & STREET PAINTING FESTIVAL STAR SPANGLED 4TH OF JULY PARADE 4TH OF JULY FIREWORKS SHOW BACKGROUND: Three special events scheduled during the summer months of June and July 2015 necessitate the physical closure of all or portions of certain streets within the Old Town area and also portions of Margarita Road and Pauba Road (i.e., fireworks display). The closures are necessary to facilitate the events and to protect participants and viewers. The Eastern Municipal Water District Old Town Sewer Project currently under construction within the Old Town westerly side streets will be suspended and pavement temporarily restored during the Star Spangled 4th of July Parade. The Sewer Project will not impact the Street Painting Festival as the event is located at the Town Square Park (Mercedes Street and Main Street). The three events and associated street closures are as follows: 1. TEMECULA ART & STREET PAINTING FESTIVAL - June 26 to June 28, 2015 The Street Painting Festival will be held at the Town Square with the street closures scheduled as follows: Main Street from Old Town Front Street to Mercedes Street 7:00 a.m. on Friday, June 26th to 7:00 p.m. on Sunday, June 28th Mercedes Street between Fourth Street and Third Street 7:00 a.m. on Friday, June 26th to 7:00 p.m. on Sunday, June 28th 2. STAR SPANGLED 4TH OF JULY PARADE - July 4th The annual City sponsored Star Spangled 4th of July Parade event requires the closure of entire streets and portions of streets in the Old Town area on July 4, 2015, from approximately 6:00 a.m. until 12:00 p.m. The actual parade hours this year are from 10:00 a.m. to approximately 11:15 a.m. However, staging for the parade will begin at 6:00 a.m. at the Stampede Restaurant parking lot and Second Street. The Police Department will determine the exact hours of street closures. Also, no parking will be allowed on these subject streets from 6:00 a.m. until 12:00 p.m. Northbound and southbound traffic will be detoured via Pujol Street around the event; and all streets will be opened to traffic by 12:00 p.m. The City parking garage on Mercedes Street will be accessible from the north during the event. Access to the garage from the south will be closed between 6:00 a.m. to 12:00 p.m. The Star Spangled 4th of July Parade will be held in Old Town with street closures scheduled as follows: OId Town Front Street between Second Street and Third Street 6:00 a.m. to 12:00 p.m. OId Town Front Street from Moreno Road (S) to Third Street (northbound closure only) 6:00 a.m. to 9:00 a.m. OId Town Front Street from Moreno Road (S) to Second Street 9:00 a.m. to 12:00 p.m. Moreno Road 10:00 a.m. to 12:00 p.m. Mercedes Street from Moreno Road to Second Street (southbound closure only) 9:45 a.m. to 12:00 p.m. Second Street 6:00 a.m. to 12:00 p.m. Third Street 9:00 a.m. to 12:00 p.m. Main Street 9:00 a.m. to 12:00 p.m. Fourth Street east of Old Town Front Street 7:00 a.m. to 12:00 p.m. Fourth Street west of Old Town Front Street 9:00 a.m. to 12:00 p.m. Fifth Street 9:00 a.m. to 12:00 p.m. Sixth Street 9:00 a.m. to 12:00 p.m. 3. 4th OF JULY FIREWORKS SHOW - July 4th The annual City sponsored 4th of July Fireworks Show requires the closure of Margarita Road between Rancho Vista Road and Pauba Road and also Pauba Road between Margarita Road and Showalter Road, including abutting streets. Residents living within the closure area will be allowed access to their homes. The 4th of July Fireworks Show street closures are scheduled as follows: Pauba Road from Margarita Road to Showalter Road 8:00 a.m. to 12:00 a.m. Calle Ventura 8:00 a.m. to 12:00 a.m. Calle Camellia 8:00 a.m. to 12:00 a.m. Margarita Road between Rancho Vista Road and Pauba Road 7:00 p.m. to 10:00 p.m. Street closures for the 4th of July Parade and the 4th of July Fireworks Show are shown on Exhibits 'A' and 'B', respectively. Street closures for the Street Painting Festival are shown on Exhibit `C'. All three exhibits are attached hereto. Street closures are allowed by the California Vehicle Code upon approval by the local governing body for certain conditions. Under Vehicle Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing." Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right-of-way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these special events. FISCAL IMPACT: The costs of police services as well as services provided by the Department of Public Works, Maintenance Division (including placing and retrieving of necessary warning and advisory devices) are appropriately budgeted within the City's operating budget. ATTACHMENTS: 1. Exhibit 'A' - Location Map — 4th of July Parade 2. Exhibit 'B' - Location Map — 4th of July Fireworks Show 3. Exhibit 'C' - Location Map — Arts & Street Painting Festival Equestrian Staging m x w 0 cn0 0) .s' lL 0 E CAMELLIA LE VENTURA 1 STREET CLOSURES STREET CLOSURE TEMECULA ART & STREET PAINTING FES TI VA L (MAIN S TREE T AND MERCEDES S TREE T) FRIDAY, JUNE 26TH, 20/5 To SUNDA Y, JUNE 28TH, 20/5 LEGEND STREET CLOSURE BARRICADE EXHIBIT 'C' Item No. 24 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl-Olson, City Clerk DATE: June 23, 2015 SUBJECT: Approve the Establishment of the "Justin Triplett Murder Reward Fund" (At the Request of Council Member Naggar) PREPARED BY: Randi Johl-Olson, City Clerk RECOMMENDATION: That the City Council: 1. Approve the creation of the Justin Triplett Murder Reward Fund in the amount of $25,000; 2. Approve a budget appropriation in the amount of $25,000 from General Fund balance unassigned; 3. Adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ESTABLISHMENT AND DISTRIBUTION OF A REWARD FUND FOR PERSONS WHO FURNISH INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE PERSON OR PERSONS WHO CAUSED THE DEATH OF JUSTIN TRIPLETT ON SEPTEMBER 22, 2014 BACKGROUND: On September 22, 2014, Justin Triplett was killed at 10:15 a.m. as he opened the front door to his apartment in Temecula. To this day, the murder remains unsolved. Joyce Triplett, the mother of the victim, sent a letter to the City Council asking for assistance on June 11, 2015. This item was placed on the agenda at the request of Council Member Naggar. It is proposed that the City Council establish the "Justin Triplett Murder Reward Fund" to facilitate the discovery of additional information and the identity and whereabouts of the person or person responsible for this horrific crime. The fund shall be offered at $25,000 and shall be maintained in the treasury of the City of Temecula by the Finance Director. Disbursement checks shall be processed through the City's established demand check procedures. The public is invited to contribute to the fund to increase its balance. Contributions can be made at the Finance Director's Office in City Hall. All contributions by the public for purposes of increasing the balance in the fund that are received by the City of Temecula or made payable to the City of Temecula shall be deposited into the fund account by the Finance Director. If no person has been apprehended or charged with causing the death of Justin Triplett by September 22, 2019, all monies in the fund shall be returned, with interest allocated to these contributions based on the earning of City pooled investments, to the respective donors. It is the sincere desire of the City Council, Temecula Police Department and the citizens of Temecula, to apprehend and hold responsible the person or persons responsible for this horrific crime and bring a sense of peace to the family and friends of Justin Triplett. FISCAL IMPACT: General Fund unassigned fund balance will be reduced by $25,000. The funds will be held in the Justin Triplett Reward Fund for five years from the date of the incident or paid out pursuant to the resolution after a conviction occurs. ATTACHMENTS: 1. Letter from Joyce Triplett 2. Resolution Joyce Triplett 24371 Saradella Ct Murrieta, CA 92562 June 11,2015 Dear Temecula City Council: On September 22, 2014, my 24 year old son, Justin Triplett was killed as he opened his front door at 10:15am to his Temecula apartment. To date, the murderer(s) is still wandering the streets of Temecula. We are not safe! The pain of this Toss is almost unbearable for me! Justin was the most precious gift that God has ever given to me. Justin was a caring son and a kind and generous Christian young man with a big heart. He was well loved, made apparent by the large number of people who attended and grieved at his funeral. Justin had rededicated his life to the Lord and was reaching out to others, according to the testimonies I heard at his vigil. My sons and I have been members and fellowship at "The Bridge" church for many years. In saying this, I need your help! I believe, along with others, that a financial reward offered for information leading to the arrest of those responsible for my son's death, through the Temecula police department, will bring this crime to justice! I have been working closely with the Temecula Police Department in trying to apprehend those who are responsible. In addition, I knew Larry Robinson, the music store owner that was killed a few years ago. I rented my son's instrument from Larry when Justin played in the band in middle and high school here in Temecula. We were so pleased when we heard that the Temecula Council helped with the financial reward in trying to bring this unfortunate death to justice as well. Sincerely, yce Triplett RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ESTABLISHMENT AND DISTRIBUTION OF A REWARD FUND FOR PERSONS WHO FURNISH INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE PERSON OR PERSONS WHO CAUSED THE DEATH OF JUSTIN TRIPLETT ON SEPTEMBER 22, 2014 THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS AND RESOLVES: Section 1. Pursuant to California Government Code Section 53069.5, the City Council hereby approves the establishment of a reward fund for the purpose of encouraging persons having information regarding the identity and whereabouts of any person or persons whose willful misconduct resulted in the death of Justin Triplett on September 22, 2014, to provide such information to the appropriate law enforcement authorities. The Council hereby sets the amount of the City's contribution to the fund to be twenty five thousand dollars ($25,000.00.) Section 2. The reward fund is hereby named the "Justin Triplett Murder Reward Fund" (hereinafter "the Fund"). The Fund shall be maintained in the Treasury of the City of Temecula by the Director of Finance. No money shall be paid out of such account without the approval of the City Council, and disbursement checks shall be processed through the City's established demand check procedures. Section 3. The public is invited to contribute to the Fund to increase its balance. Contributions can be made at the Director of Finance's office in City Hall. All contributions by the public for purposes of increasing the balance in the Fund that are received by the City of Temecula or made payable to the City of Temecula shall be deposited into the Fund account by the Director of Finance. Section 4. The City Manager or his designee shall publicize the existence of the Fund by notice to be posted in the City Hall and libraries within the City, published in a newspaper or newspapers circulated in the City, posted the City's website, and disseminated in any other manner as deemed appropriate by the City Manager. Section 5. Persons who desire to be eligible to receive all or a portion of the money in the Fund shall: (a) submit written, oral, physical, or other evidence regarding the circumstances surrounding the death of Justin Triplett, or the whereabouts of the person or persons responsible for the death of Justin Triplett, to the Riverside County Sheriff's Department, or to any other law enforcement agency; and (b) cooperate with the Riverside County Sheriff's Department and with any prosecuting attorneys during the investigation, trial preparation, and trial phases of the criminal justice process involving the person or persons suspected of causing the death of Justin Triplett. Section 6. Persons who satisfy the criteria of Section 5 shall be considered for receipt of all or part of the reward upon conviction of the persons charged in the death of Justin Triplett and upon approval of the distribution by the City Council. Section 7. Law enforcement personnel and any Federal, State, or City employee discovering the identity and whereabouts of the person or persons convicted of causing the death of Justin Triplett during the scope and course of his or her employment shall not be eligible to receive the reward. Any person charged with causing, or complicity in, the death of Justin Triplett, or aiding such persons in avoiding capture shall not be eligible to receive the reward. Section 8. If any person or persons are convicted of causing the death of Justin Triplett, the City Manager shall request the Sheriff's Department to obtain a certified copy of the entry of judgment in the case and to forward such document to the City. The City Manager shall also request the Sheriff's Department to prepare a report as to the names of persons providing information to the Sheriff's Department and any other law enforcement agency that led to the arrest and conviction of the persons causing the death of Justin Triplett. Such report shall set forth the relative importance of the information submitted by each person if there is more than one and shall include a recommended pro rata distribution of the reward to persons who submit information leading to the arrest and conviction. The report shall be reviewed and approved by the detective and prosecuting attorney handling the case. The City Manager shall request that such report be submitted to the City within thirty (30) days of the conviction. If more than one person is standing trial for causing the death of Justin Triplett, the report shall not be forwarded until the last person charged is either convicted or acquitted. Section 9. Upon receipt of the Report specified in Section 8 and any public comment, the City Council shall consider and approve the disbursement of the monies in the Fund. Section 10. Upon approval of disbursements from the Fund by the City Council, a check or checks for disbursement of the monies in the Fund account shall thereupon be drawn in accordance with the Council's decision and the disbursement instructions. All such checks shall be processed through the City's established demand check procedures. Upon disbursement of all monies in the Fund, the City Treasurer shall close the Fund account. Section 11. If no person has been apprehended or charged with causing the death of Justin Triplett by September 22, 2019, all monies in the Fund shall be returned, with interest allocated to these contributions based on earning of City pooled investments, to the respective donors. Any undisbursed balance shall be deposited in the City's General Fund for law enforcement or public safety purposes designated by the City Council. If one or more persons have been so apprehended and charged but not yet convicted by such date, the Fund shall be retained until trial of the person or persons charged has been completed. If a conviction is not obtained, disbursements shall be made as provided above in this Section. Section 12. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of June, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl-Olson, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of June, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl-Olson, City Clerk TEMECULA COMMUNITY SERVICES DISTRICT CONSENT CALENDAR Item No. 25 ACTION MINUTES June 9, 2015 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING RECONVENE TEMECULA COMMUNITY SERVICES DISTRICT MEETING: The Temecula Community Services District Meeting reconvened at 8:04 P.M CALL TO ORDER: President Maryann Edwards ROLL CALL: DIRECTORS: Comerchero, McCracken, Naggar (absent), Rahn, Edwards CSD PUBLIC COMMENTS (None) CSD CONSENT CALENDAR 13 Approve the Action Minutes of May 26, 2015 - Approved Staff Recommendation (4-0, Director Naggar absent) Director Comerchero made the motion; it was seconded by Director McCracken; and electronic vote reflected approval by Directors Comerchero, McCracken, Rahn and Edwards with Council Member Naggar absent. RECOMMENDATION: 13.1 That the Board of Directors approve the action minutes of May 26, 2015. 14 Approve the Amendments to Annual Agreements for Various Maintenance Services Related to Park Restrooms Janitorial and City Wide Tree Trimming Services for Fiscal Year 2015-16 - Approved Staff Recommendation (4-0, Director Naggar absent) Director Comerchero made the motion; it was seconded by Director McCracken; and electronic vote reflected approval by Directors Comerchero, McCracken, Rahn and Edwards with Council Member Naggar absent. 14.1 That the Board of Directors approve the following Amendments to Annual Agreements, in the amounts stated, for Park Restrooms Janitorial Service and City Wide Tree Trimming Services for Fiscal Year 2015-16. 15 Approve the Fifth Amendment to the Agreement with Excel Landscape, Inc., for Landscape Maintenance Services for Fiscal Year 2015-16 - Approved Staff Recommendation (4-0, Director Naggar absent) Director Comerchero made the motion; it was seconded by Director McCracken; and electronic vote reflected approval by Directors Comerchero, McCracken, Rahn and Edwards with Council Member Naggar absent. CSD Action Minutes 060915 1 RECOMMENDATION: 15.1 Approve the Fifth Amendment to the Agreement with Excel Landscape, Inc., in the amount of $2,256,363.80, to provide continued landscape maintenance services, and the addition of new and supplemental landscape maintenance service areas, for Fiscal Year 2015-16; 15.2 Authorize the Executive Director to approve additional work, not to exceed the contingency amount of $338,454.57 which is equal to 15% of the amendment amount. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 8:05 P.M., the Community Services District was formally adjourned to Tuesday, June 23, 2015, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., City Council Chambers, 41000 Main Street, Temecula, California. Maryann Edwards, TCSD Chair ATTEST: Randi Johl-Olson, City Clerk/Secretary [SEAL] CSD Action Minutes 060915 2 Item No. 26 Approvals City Attorney Finance Director City Manager Rier- TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Jennifer Hennessy, Finance Director DATE: June 23, 2015 SUBJECT: Financial Statements for the 3rd Quarter Ended March 31, 2015 PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: That the Board of Directors receive and file the Financial Statements for the 3rd Quarter Ended March 31, 2015. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the Temecula Community Services District for the 3rd Quarter Ended March 31, 2015. Please see the attached Financial Statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: 1. Combining Balance Sheet as of March 31, 2015 2. Statement of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual for the 3rd Quarter Ended March 31, 2015. TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of March 31, 2015 Parks & Service Service Level Service Level Recreation Level B C D Refuse Street Lights Recycling ASSETS: Cash and Investments $ 537,161 $ 35,289 $ 1,044,401 $ 208,690 Receivables 24,980 155 2,652 2,482 Due from Other Funds 1,007 Deposit 4,994 TOTAL ASSETS $ 568,142 $ 35,444 $ 1,047,053 $ 211,172 LIABILITIES AND FUND BALANCES: LIABILITIES: Other Current Liabilities $ 256,058 $ 54 $ 87,205 $ 256 TOTAL LIABILITIES 256,058 54 87,205 256 FUND BALANCES: Nonspendable: Deposits 4,994 Restricted For: Community Services 1,179 35,390 662,486 210,152 Committed To: Contractual Obligations (Encumbrance) 305,911 - 297,362 764 Unassigned - - - TOTAL FUND BALANCES 312,084 35,390 959,848 210,916 TOTAL LIABILTIES and FUND BALANCES $ 568,142 $ 35,444 $ 1,047,053 $ 211,172 NOTE: Balances are unaudited TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of March 31, 2015 Service Level Service Intern R Street Road Level L Lake Library Fellowship Total Maintenance Park Maint Program ASSETS: Cash and Investments $ 19,920 $ 279,767 $ 330,152 $ 8,089 $ 2,463,469 Receivables 34 1,522 325 2 32,152 Due from Other Funds - - - 1,007 Deposit - - - 4,994 TOTAL ASSETS LIABILITIES AND FUND BALANCES: LIABILITIES: $ 19,954 $ 281,289 $ 330,477 $ 8,091 $ 2,501,622 Other Current Liabilities $ - $ 8,436 $ 13,817 $ 17 $ 365,843 TOTAL LIABILITIES 8,436 13,817 17 365,843 FUND BALANCES: Nonspendable: Deposits - - - 4,994 Restricted For: Community Services 19,954 236,820 246,664 8,074 1,420,719 Committed To: Contractual Obligations (Encumbrance) 36,033 69,996 710,066 Unassigned TOTAL FUND BALANCES 19,954 272,853 316,660 8,074 2,135,779 TOTAL LIABILTIES and FUND BALANCES $ 19,954 $ 281,289 $ 330,477 $ 8,091 $ 2,501,622 NOTE: Balances are unaudited TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CITYWIDE OPERATIONS for the 3rd Quarter Ended March 31, 2015 Annual Amended YTD Activity Encumbrances Budget Total Activity Budget REVENUES: Special Tax (Measure C) Recreation Funding(General Fund) Recreation Program Investment Interest $ 1,867,640 $ 963,880 $ - $ 963,880 52% (1) 4,206,520 $ 3,154,890 - 3,154,890 75% 2,245,006 $ 1,836,125 - 1,836,125 82% - 2,281 2,281 0% (2) TOTAL REVENUES 8,319,166 EXPENDITURES: 5,957,176 - 5,957,176 72% General Operations 1,697,199 1,344,005 35,565 1,379,570 81% Senior Center 335,496 226,818 11,168 237,986 71% Community Recreation Center (CRC) 631,452 414,170 26,980 441,150 70% Recreation Programs 701,230 540,480 29,865 570,345 81% Temecula Community Center (TCC) 213,215 137,918 7,342 145,260 68% Museum 295,621 198,115 12,789 210,904 71% Aquatics 754,297 416,336 30,554 446,890 59% Sports 629,448 396,210 12,850 409,060 65% Children's Museum 208,991 138,933 12,672 151,605 73% Community Theater 1,182,842 859,388 55,897 915,285 77% Cultural Arts 372,606 264,147 20,673 284,820 76% Harveston Center 179,470 135,748 14,618 150,366 84% Conference Center 77,905 52,028 825 52,853 68% Human Services 185,078 110,285 9,863 120,148 65% YMCA 13,500 6,788 - 6,788 50% Jefferson Recreation Center 80,662 39,202 3,875 43,077 53% Contract Classes 867,144 534,638 20,375 555,013 64% TOTAL EXPENDITURES Revenues Over/(Under) Expenditures and Transfers Beginning Fund Balance as of 7/01/2014 Ending Fund Balance as of 3/31/2015 8,426,156 5,815,209 305,911 6,121,120 73% (106,990) 141,967 170,117 170,117 $ 63,127 $ 312,084 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL B - RESIDENTIAL STREET LIGHTS for the 3rd Quarter Ended March 31, 2015 Annual Amended Budget Total YTD % of Activity Budget REVENUES: Assessments $ 641,384 $ 333,365 52% (1) Recreation Funding(General Fund) 370,548 370,548 100% (2) Investment Interest 175 0% (3) TOTAL REVENUES 1,011,932 EXPENDITURES: 704,088 70% Salaries and Wages 10,987 8,102 74% Street Lighting Fees 987,600 680,813 69% Property Tax Admin Fees 13,500 12,269 91% TOTAL EXPENDITURES 1,012,087 Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2014 Ending Fund Balance as of 3/31/2015 701,184 69% (155) 2,904 32,486 32,486 $ 32,331 $ 35,390 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) Contribution is funded based on operational needs of Service Level B activities. (3) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. 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 3rd Quarter Ended March 31, 2015 Annual Amended Budget Total YTD Activity Encumbrances Total % of Activity Budget REVENUES: Assessments Investment Interest $ 1,584,493 $ 2,459 814,662 $ 814,662 51% (1) 3,555 3,555 145% (2) TOTAL REVENUES 1,586,952 EXPENDITURES: 818,217 818,217 52% Salaries and Wages 121,399 88,998 88,998 73% Landscape Maintenance 688,072 508,103 169,367 677,470 98% Rehabilitation 735,524 172,498 118,745 291,243 40% Operating Expenditures 531,431 296,662 9,250 305,912 58% TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2014 2,076,426 1,066,261 (489,474) (248,044) 1,207,892 1,207,892 Ending Fund Balance as of 3/31/2015 $ 718,418 $ 959,848 297,362 1,363,623 66% (3) NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. (3) The variance is due to landscape maintenance and rehabilitation encumbrances that are recorded for the entire fiscal year. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL D - REFUSE COLLECTION, RECYCLING & STREET SWEEPING for the 3rd Quarter Ended March 31, 2015 Annual Amended Budget Total YTD Activity Encumbrances Total Activity % of Budget REVENUES: Assessments $ 6,779,150 $ 3,468,518 $ - $ 3,468,518 51% (1) Recycling Program/Grant 32,246 32,603 - 32,603 101% (2) Investment Interest 700 2,443 - 2,443 349% (3) TOTAL REVENUES EXPENDITURES: 6,812,096 3,503,564 - 3,503,564 51% Salaries and Wages 96,309 68,013 - 68,013 71% Department of Conservation Grant 27,946 - - - 0% Refuse Hauling 6,622,665 3,306,800 - 3,306,800 50% (4) Operating Expenditures 56,995 24,588 764 25,352 44% TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2014 Ending Fund Balance as of 3/31/2015 6,803,915 3,399,401 8,181 104,163 106,753 106,753 $ 114,934 $ 210,916 764 3,400,165 50% NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) The variance is due to recycling grant program revenues received this quarter. (3) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. (4) The variance in expenditures is due to the second payment to CR&R for refuse hauling services is not due until June 2015. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL R - STREETS AND ROADS for the 3rd Quarter Ended March 31, 2015 Annual Amended Budget Total YTD % of Activity Budget REVENUES: Assessments Investment Interest TOTAL REVENUES EXPENDITURES: Emergency Street Maintenance Property Tax Admin Fees TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2014 Ending Fund Balance as of 3/31/2015 $ 5,532 $ 3,285 59% (1) 40 64 160% (2) 5,572 3,349 60% 9,493 0% (3) 157 157 100% 9,650 157 2% (4,078) 3,192 16,762 16,762 $ 12,684 $ 19,954 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. (3) The variance is due to less than anticipated Emergency Street Maintenance repair during this quarter. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL L - LAKE PARK MAINTENANCE for the 3rd Quarter Ended March 31, 2015 Annual Amended Budget Total YTD Activity Encumbrances Total % of Activity Budget REVENUES: Assessments $ 232,432 $ 119,721 $ - $ 119,721 52% (1) Harveston Lake Boat Fees 3,600 3,197 3,197 89% Investment Interest 600 917 917 153% (2) TOTAL REVENUES 236,632 123,835 123,835 52% EXPENDITURES: Salaries and Wages 22,754 Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2014 Ending Fund Balance as of 3/31/2015 16,427 16,427 72% 217,900 115,736 240,654 132,163 (4,022) (8,328) 281,181 281,181 $ 277,159 $ 272,853 36,033 151,769 70% 36,033 168,196 70% NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (3) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TEMECULA LIBRARY for the 3rd Quarter Ended March 31, 2015 Annual Amended YTD Activity Encumbrances Budget Total % of Activity Budget REVENUES: Library Services $ 132,425 $ 107,224 $ $ 107,224 81% Recreation Funding(General Fund) 681,388 511,041 511,041 75% Investment Interest 600 711 711 119% (1) TOTAL REVENUES EXPENDITURES: 814,413 618,976 618,976 76% Salaries and Wages 57,313 34,879 34,879 61% Operating Expenditures 840,738 525,581 69,996 595,577 71% TOTAL EXPENDITURES 898,051 560,460 69,996 630,456 70% Revenues Over/(Under) Expenditures (83,638) 58,516 Beginning Fund Balance as of 7/01/2014 258,144 258,144 Ending Fund Balance as of 3/31/2015 $ 174,506 $ 316,660 NOTES: (1) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL INTERN FELLOWSHIP PROGRAM for the 3rd Quarter Ended March 31, 2015 Annual Amended Budget Total YTD % of Activity Budget REVENUES: Operating Transfers In(General Fund) $ 12,000 $ 12,000 100% Investment Interest - 2 0% TOTAL REVENUES 12,000 12,002 100% EXPENDITURES: Salaries and Wages 12,000 3,928 33% (1) TOTAL EXPENDITURES 12,000 3,928 33% Revenues Over/(Under) Expenditures - 8,074 Beginning Fund Balance as of 7/01/2014 Ending Fund Balance as of 3/31/2015 $ - $ 8,074 NOTES: (1) The internship fellowship program occurs during the summer months. Item No. 27 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: Executive Director/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: June 23, 2015 SUBJECT: Approve the Sixth Amendment to the License Agreement with the Temecula Valley Museum, Inc. to Extend the Term PREPARED BY: Tracy Frick, Museum Services Manager RECOMMENDATION: That the Board of Directors approve the Sixth Amendment to the License Agreement with the Temecula Valley Museum, Inc. to extend the term. BACKGROUND: The Temecula Valley Museum and Chapel of Memories complex is located on Mercedes Street in Old Town Temecula. The museum building is a 7,200 square foot two-story history based facility with permanent and rotating exhibits and houses a 511 square foot gift shop. The Chapel of Memories is a 3,400 square foot historic church building with a small patio. Since the opening of the Temecula Valley Museum and Chapel of memories, the Temecula Valley Museum, Inc., a non-profit organization has overseen both the gift shop and chapel rental operations. During the past fifteen (15) years, they have successfully managed both operations. Temecula Valley Museum, Inc. proceeds from the gift shop and chapel operations have resulted in contributions of items such as exhibit cases, DVD player/monitor, new carpet, window coverings, furnishings, security cameras/monitors, computers, video transfers, special exhibit receptions, and acquisitions for the Museum's permanent collection. Temecula Valley Museum, Inc. has also sponsored, on an annual basis, lectures, volunteer recognition brunch, the Summer Explorers program, and the printing of High Country Magazine and provided in-kind graphic design and tour services. The Sixth Amendment to the original agreement will extend the term to June 30, 2017 with the option to extend the term for another two (2) additional one (1) year terms to June 30, 2019. FISCAL IMPACT: In addition to the gifts and services listed above, the Temecula Valley Museum, Inc. returns to TCSD 10% of net proceeds for each event held at the chapel. The estimated revenue is included in Temecula Community Services District's FY 2015-16 History Museum Revenue Budget in the amount of $1,000 for Indoor Rentals. ATTACHMENTS: Sixth Amendment SIXTH AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA VALLEY MUSEUM, INC. OPERATION OF THE MUSEUM GIFT SHOP AND WEDDING CHAPEL THIS SIXTH AMENDMENT is made and entered into as of June 23, 2015 by and between the City of Temecula, a community services district (hereinafter referred to as "City"), and Temecula Valley Museum, Inc. a California non-profit corporation(hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On May 25, 1999, the City and Consultant entered into that certain Agreement entitled "License Agreement between the Temecula Community Services District and the Temecula Valley Museum, Inc. for the Operation of the Museum Gift Shot and Wedding Chapel". b. On July 25, 2000, the City and Consultant entered into the First Amendment to that certain Agreement entitled "First Amendment of the License Agreement between the Temecula Community Services District and the Temecula Valley Museum, Inc. for Operation of Museum Gift Shop and Wedding Chapel". This amendment suspended license fee in Section 4 and required the Association prepare and submit quarterly financial statements. c. On February 24, 2004, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Amendment No. 2 License Agreement between the Temecula Community Services District and the Temecula Valley Museum, Inc. for Operation of Museum Gift Shop and Wedding Chapel". This amendment extended the term to June 30, 2007. d. On June 7, 2007, the City and Consultant entered into the Third Amendment to that certain Agreement entitled "Amendment No. 3 to License Agreement between Temecula Community Services District and the Temecula Valley Museum, Inc. for Operation of Museum Gift Shop and Wedding Chapel". This amendment extended the term to June 30, 2009 e. On February 9, 2010, the City and Consultant entered into the Fourth Amendment to that certain Agreement entitled `Fourth Amendment to License Agreement between Temecula Community Services District and the Temecula Valley Museum, Inc. for Operation of Museum Gift Shop and Wedding Chapel". This amendment extended the term to June 30, 2012. f. On February October 23, 2012, the City and Consultant entered in the Fifth Amendment to that certain Agreement entitled "Fifth Amendment to License Agreement between Temecula Community Services District and the Temecula Valley Museum, Inc. for Operation of Museum Gift Shop and Wedding Chapel". This amendment extended the term to June 30, 2014, increased the payment in the amount of 10% net Wedding Chapel revenues. 1 g. The parties now desire to extend the term of the agreement to June 30, 2017 and to amend the Agreement as set forth in this amendment. follows: 2. Section 3 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2017 unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one (1) year terms. In no event shall the contract be extended beyond June 20, 2019. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES TEMECULA VALLEY MUSEUM, INC. DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, TCSD Chair Kelcey Ann Stricker, President ATTEST: By: Randi Johl-Olson, City Fred Lamb, Treasurer Clerk/Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City CONSULTANT Attorney/General Counsel Temecula Valley Museum, Inc. Kelcey Ann Stricker, President 28314 Mercedes Street Temecula, CA 92590 951-699-3089 Kelcey.ann.stricker@gmail.com 3 Acting PM InitialsLe Date: Item No. 28 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: Executive Director/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: June 23, 2015 SUBJECT: Approve the Sponsorship and Community Support Funding Agreement with the Temecula Sister City Association PREPARED BY: Robin Gilliland, Recreation Supervisor/Sister City Liaison RECOMMENDATION: That the Board of Directors approve the Sponsorship and Community Support Funding Agreement with the Temecula Sister City Association in the amount of $3500 for in-kind staff services, $500 for in-kind facilities usage, and $2400 in Community Services Funding for travel scholarships. BACKGROUND: The Temecula Sister City Association (TSCA) is a California non- profit corporation that supports the cultural exchanges of people and ideas. The global education and experiences that TSCA provides has enhanced our community, exposed our youth to diversity, and promoted cultural understanding, friendship and knowledge. The City of Temecula enjoys the benefit of having two sister cities, Daisen, Japan and Leidschendam-Voorburg, the Netherlands. The following are the roles and responsibilities established for TSCA and City staff liaison required to implement the Sister City cultural program: Temecula Sister City Responsibilities: • The development, coordination and implementation of some Sister City functions, services and events that occur related to our two Sister Cities. This includes coordination of events, dinners and TSCA gifts • The management of their budget to ensure proper accounting of the funds provided via Community Support Funding • Provide student exchange scholarships • Provide teacher stipend for student exchanges Temecula Community Services District responsibilities: • Coordinate travel for City officials or councilmembers • Provide student scholarships • Fund and coordinate official lunches, dinners, and/or welcome receptions for visiting dignitaries and students; • Purchase official gifts • Provide transportation to and from the airport for official dignitaries FISCAL IMPACT: The in-kind city staffing costs of $3500, the in-kind facility usage of $500, and student sponsorships of $2400 (cash) for this program has been provided in the Fiscal Year 2015-16 Community Services Sister City budget. ATTACHMENTS: Sponsorship Agreement SPONSORSHIP AND COMMUNITY SUPPORT FUNDING AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA SISTER CITY ASSOCIATION THIS AGREEMENT is made and effective as of this 23rd day of June, 2015, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Temecula Sister City Association, 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: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Sister City Program (hereinafter referred to as the "Program"). b. The program includes, the facilitation of sister city travels, Japnaese and Dutch cultural programs; sponsorship of student travelers and other cultural exchanges. c. Alcohol may be served. d. The City desires to be a Supporting Sponsor of the Program by providing Community Support Funding and City Support Services. 2. TERM This Agreement shall commence on July 1, 2015, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2016, 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 $3500 and in-kind facilities usage valued at an amount not to exceed $500, as listed in Exhibit B, the City of Temecula shall be designated as a Supporting Sponsor of the Program. As Supporting Sponsor the City shall receive sponsor benefits as listed in Exhibit A. In the event that City support services exceeds $3500, the Nonprofit may seek City authorization for payment above that amount. b. The City of Temecula shall also provide Community Support Funding in the amount of $2400 cash which will be allocated to pay for travel scholarships, also listed in Exhibit B. c. 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. d. Within 30 days of the effective date of this Agreement, Nonprofit shall submit a timeline showing the milestone dates that each Nonprofit marketing activity, including, but not limited to, public relations and media schedules, marketing measures and other promotional activities, will occur. The purpose of this provision is to ensure that the Nonprofit makes a good faith effort to operate the Sister City Program. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Program, the Nonprofit shall prepare and submit to the Community Services Director a written report evaluating the Program, its attendance, media coverage, and description of the materials in which the City has listed as a Supporting Sponsor. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Program must be included in such a written report. 5. FINANCIAL REVIEW The Nonprofit shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Program. This financial review of the Program should be completed and submitted to the City no later than December 31, 2015. The financial review shall provide a general summary report on how funds were expended and used to benefit Temecula Valley residents and shall include documentation, including but not limited to copies of invoices, receipts and cancelled checks to support the Sponsorship Funding. The financial documentation is subject to an audit, as determined by City staff. 6. PERMITS The Nonprofit shall file applications for a Temporary Use Permit and Special Program Permit with the City no later than thirty (30) days prior to the first day of the Program. 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 of the permits. The Nonprofit shall comply with all conditions of approval for the Temporary Use Permit, the Special Program 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. 7. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 8. 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. 9. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability 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 July 1, 2015, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient 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 Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agencythat it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. 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 Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit 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. f. Verification of Coverage. Nonproft 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 Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. 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. 11. 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. 12. 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. 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: Mailing Address: To Recipient: City of Temecula Attn: Executive Director 41000 Main Street Temecula, CA 92590 Temecula Sister City Association Daniel Venne, Treasurer 41911 5th Street #300 Temecula, CA 92590 14. INDEPENDENT CONTRACTOR 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. 15. 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. 16. 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 Executive Director 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. TEMECULA COMMUNITY SERVICES Temecula Sister City Association DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, TCSD Chair Daniel Venne, Treasurer ATTEST: By: By: Randi Johl-Olson, City Jon Lieberg, Co-chair Clerk/Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City NONPROFIT Attorney/General Counsel Temecula Sister City Association Daniel Venne, Treasurer 41911 5th Street #300, Temecula, CA 92590 951-694-1986 Dsv.cpaverizon.net Acting #0, PM Initials(_ Date: EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS SUPPORTING SPONSOR In exchange for providing in-kind city -support services of Community Services valued at an amount not to exceed $3500, and in-kind City facilities usage valued at $500 for the Program the City of Temecula shall receive the following benefits: ♦ City of Temecula Logo on Printed Material ♦ City of Temecula Name on all Radio Promotion ♦ Complimentary Booth Space at ACE event: ♦ City of Temecula Name in all Press Releases ♦ City of Temecula Logo in related Online Communication The Community Support Funding of two thousand, four hundred dollars, $2400 cash will help fund education, support, outreach and travel to our sister cities. EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Sister City Program. The following expenses can be anticipated for the Program: Staff support (2) Facility rental opportunities at no cost Student travel sponsorships (cash) TOTAL: $3500 $ 500 $2400 (12 students@$200) $6400 TEMECULA COMMUNITY SERVICES DISTRICT PUBLIC HEARING Item No. 29 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: Board of Directors FROM: Aaron Adams, General Manager DATE: June 23, 2015 SUBJECT: Adopt the Fiscal Year 2015-16 Annual Operating Budget for the Temecula Community Services District (TCSD) PREPARED BY: Jennifer Hennessy, Finance Director RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 15- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2015-16 FINAL ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS DISCUSSION: Pursuant to Government Code Section 61110, on or before July 1st, the Temecula Community Services District Board of Directors shall publish a notice of public hearing at least two weeks prior to the final adoption of the district budget. In accordance with section 61110(a), the Board of Directors adopted the Fiscal Year 2015-16 Preliminary Budget on June 9, 2015. Public Hearing notifications were sent in accordance with the Government Code and staff recommends adopting the Fiscal Year 2015-16 Final Annual Operating Budget at tonight's meeting. DISTRICT -WIDE SUMMARY Total combined Revenue for TCSD Operations and Service Levels is projected to be $19,853,738, with Expenditures budgeted at $20,095,016. The Ending Fund Balance for the District is projected to be $1,181,394 for Fiscal Year 2015-16. 1 TCSD OPERATIONS FUND Operational Revenue is projected to be $8,947,362 for Fiscal Year 2015-16, 7.2% higher than the previous fiscal year. With the reopening of the Temecula Community Center after its renovation, rental revenue for this facility is projected to increase by $24,009, or 38%. The Old Town Theater is currently being renovated and is anticipated to re -open in the Fall of 2015. The Theater will remain closed for only two months of FY15-16 (compared to four months in FY14- 15); additionally, alternative venues are being used to hold performances, so the Theater revenue is projected to increase by $42,002, or 7% over the prior year. The contribution from the General Fund is increasing by $395,263 over the prior year as a result of full staffing projected for FY15-16 and higher internal service fund allocations related to the City wide investment in technology. Operating Expenditures are increasing by 6.3% compared to the prior year at $8,958,862, as the District is budgeted at full staffing levels. Operating costs between the TCSD divisions have been shifted to better reflect functional reporting of staff members and activities. Ending Fund balance for TCSD is projected to be $77,500. SERVICE LEVEL FUNDS Service Level B — Residential Street Lights revenue is projected to be $1,032,272, which includes a General Fund contribution of $390,888. Expenditures are projected to increase by 2% compared to Fiscal Year 2014-15. Ending Fund Balance is projected to be $32,330. Service Level C — Landscape/Slope Maintenance revenue is projected to be $1,589,423, which is flat compared to Fiscal Year 2014-15 levels. Expenditures are projected to be $1,782,963, a 14% decline compared to the prior year, as a result of less tree -trimming scheduled for the coming year. Ending Fund Balance is projected to be $524,878. Service Level D — Refuse and Recycling revenue is projected to be $7,240,240, a 6.3% increase over the prior year. Expenditures are increasing by 5.6%, for a total of $7,188,836 due to increased service rates per the Franchise Agreement with CR&R combined with the implementation of the new residential organic recycling program. Ending Fund Balance is projected to be $166,338. Service Level R — Street/Road Maintenance revenue is projected to be $5,632. Expenditures are projected to increase by 2% compared to the prior year at $9,843, causing a $4,211 draw on available fund balance. Ending Fund Balance is projected to be $8,473. Service Level L — Harveston Lake Park Maintenance revenue is projected to be $237,334, which is flat compared to the previous fiscal year. Expenditures are projected to increase by 1.6% to $244,617. Ending Fund Balance is projected to be $269,876. Library Fund revenue is projected to decline by 4.4% to $781,830, due to a reduced contribution needed from the General Fund of $644,205. Total Expenditures are projected to decrease by 4.2%, to $859,976. Ending Fund Balance is projected to be $100,000. Intern Fellowship Fund revenue is transferred in from the General Fund at $19,645 for Fiscal Year 2015-16. This fund will afford part-time internship opportunities to local high school, undergraduate and graduate students. FISCAL IMPACT: The Temecula Community Services District Annual Operating Budget for Fiscal Year 2015-16 includes $19,853,738 in projected revenue and appropriates $20,095,016 in expenditures, creating an Ending Fund Balance of $1,181,394 for the District. ATTACHMENTS: 1. Resolution - Adopt the Fiscal Year 2015-16 TCSD Final Annual Operating Budget 2 RESOLUTION NO. CSD 15- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2015-16 FINAL ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the Fiscal Year 2015-16 Temecula Community Services District (TCSD) Final Operating Budget is hereby adopted. Section 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the General Manager. C. The Board of Directors must authorize transfers (appropriations) of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. The Board of Directors must authorize any increase in regular personnel positions above the level indicated in the final budget. The General Manager may authorize the hiring of temporary or part-time staff as necessary within the limits imposed by the controls listed above. E. The General Manager may authorize expenditures of funds in amounts up to $30,000. Any expenditure of funds in excess of $30,000 requires Board of Directors action. F. The General Manager may authorize Public Works contracts in amounts up to $30,000. Any expenditures of Public Works funds in excess of $30,000 require Board of Directors action, except that the General Manager may approve change orders on Public Works contracts approved by the Board in amounts up to the project contingency established by the Board. G. Pursuant to Section 3.28.130 of the Municipal Code, the Executive Director may authorize purchases of supplies and equipment in amounts up to $30,000. Any purchases of supplies and equipment in excess of $30,000 shall be awarded to the lowest responsible bidder pursuant to formal bid procedures and require City Council action, except that the Executive Director may approve change orders on purchases of supplies and equipment approved by the Board in amounts up to the contingency established by Board. H. Pursuant to Section 3.28.250 of the Municipal Code, purchases of supplies and equipment of an estimated value of $30,000 or less, may be made by the purchasing agent in the open market pursuant to the procedure prescribed in Sections 3.28.260 through 3.28.280 and without observing the procedure prescribed in Sections 3.28.130 through 3.28.240; provided, however, that all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of $5,000 or less. Appropriations and Revenue Estimates for grant funded programs for Fiscal Year 2014-15 which have not been expended or encumbered, are hereby carried over for the applicable grant program to the Fiscal Year 2015-16. Section 3. The Finance Director is authorized to make temporary short term interfund loans between appropriate funds in order to cover short term cash needs caused by cash flow timing differences. These interfund loans must have an identified repayment source. Section 4. Outstanding encumbrances shown on the District books at June 30, 2015, are hereby appropriated for such contracts or obligations for fiscal year 2015-16. Section 5. There are numerous occasions when small dollar valued purchases must be made for or on behalf of the District; and it is appropriate that a petty cash fund be used to provide for the purchase of these smaller dollar valued items; now, therefore, the Board of Directors of the Temecula Community Services District of the City of Temecula does hereby resolve, determine, and order as follows: A. There is hereby established a renewable petty cash fund to be maintained in the Finance Department. B. The imprest balance amount of the petty cash fund shall be $3,000. C. Vouchers, receipts, or other evidence of payment shall be required before reimbursement shall be made from said petty cash fund, in such form as shall be required by Finance Director. Section 6. The Board Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 23rd day of June, 2015. Maryann Edwards, Chair ATTEST: Randi Johl-Olson, City Clerk/Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Randi Johl-Olson, City Clerk/Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 15- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 23rd day of June, 2015, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl-Olson, City Clerk/Secretary Item No. 30 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: June 23, 2015 SUBJECT: Approve Temecula Community Services District Proposed Rates and Charges for Fiscal Year 2015-16 PREPARED BY: Jennifer Hennessy, Finance Director RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 15- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B — RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C — PERIMETER LANDSCAPING, SERVICE LEVEL D — RECYCLING AND REFUSE COLLECTION AND SERVICE LEVEL R — EMERGENCY UNPAVED ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 2015-16 BACKGROUND: The Temecula Community Service District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula. The boundaries of the TCSD are coterminous with the City and the City Council serves as the Board of Directors of the TCSD. Property owners pay only for the TCSD services used or made available to their property through separate rates and charges on their property tax bill. The Community Services, Parks and Recreation and Service Level A Rates and Charges previously levied by the TCSD were replaced by the City's Parks/Lighting Services Special Tax, approved by the voters as Measure C on March 4, 1997. As a result, the TCSD is currently comprised of the following four (4) remaining service levels: 1. Service Level B — Residential Street Lighting. Operational, administrative, maintenance and utility costs of residential street lights within the TCSD maintenance system. 2. Service Level C — Perimeter Landscaping. Operational, administrative, maintenance and utility costs for all perimeter landscaping and slope maintenance areas maintained by the TCSD. 3. Service Level D — Recycling and Refuse Collection. Operational and administrative costs of the recycling and refuse collection services for residential households. 4. Service Level R — Emergency Unpaved Road Maintenance. Operational, administrative, construction and maintenance costs for certain unpaved roads in the City. 1. Service Level B — Residential Street Lighting The TCSD Rates and Charges for Service Level B are not proposed to increase from last year's rates. The rate is capped at $25.68 per single family residential and $12.84 per vacant residential property. 2. Service Level C — Perimeter Landscaping and Slope Maintenance As a result of various property owner elections, there are two zones subject to an annual rate increase. The rate increase is the lesser of: (1) the percentage increase in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles - Riverside -Orange County Area, for the previous calendar year (2) 5% The CPI change from Annual 2013 to Annual 2014 was 1.35%. As a result, the following zones will see a slight increase in the rates for Fiscal Year 2015-16. Zone No. and Name 6 - Woodcrest County 29 - Gallery Portraits 14-15 Rate $ 103.22 $ 368.42 15-16 Rate Increase $ 104.62 $1.40 $ 373.40 $4.98 3. Service Level D — Residential Recycling and Refuse Service Per the Franchise Agreement with CR&R, the change in CPI, Diesel Fuel Component Index (DFCI), and land -fill tipping fees determine the increase/decrease in the annual Service Level D rate and charge. An increase of $1.29 per month is proposed to the rate and charge for Service Level D from $20.35 to $21.61 per month per residential unit beginning Fiscal Year 2015-16. Of this increase, $0.98 per month is for the implementation of the residential organic recycling program. 4. Service Level R — Unpaved Street and Road Maintenance The TCSD rates and charges for Service Level R are not proposed to increase from their approved per parcel rate. The rate is capped at $115.26 per single family residential and $57.62 per vacant residential property. Per Proposition 218, all property owners are required to be noticed as to the rates and charges that the TCSD will be assessing at least 45 days prior to the public hearing. Notices were mailed on May 8, 2015 calling for a June 23, 2015 public hearing. On April 28, 2015 the TCSD Board of Directors approved a Resolution of Intention that called for the public hearing to be held on June 23, 2015. The levy and collection of the TCSD Rates and Charges is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 21080 (b)(8) of the California Public Resources Code and Section 15273 of the State Guidelines because the rates and charges are necessary to maintain existing services within the TCSD. The total revenue for all service levels as written in the attached 2015-16 Engineer's Annual Levy Report is $9,438,458 which varies slightly from the Annual Operating Budget due to timing differences in the production of the two documents. The revisions did not result in any rate increases. FISCAL IMPACT: The $9,438,458 in revenue generated from the TCSD Rates and Charges will fund residential streetlights, perimeter landscaping; recycling and refuse collection services and emergency unpaved road maintenance in the City of Temecula. This number is consistent with the 2015-16 Engineer's Annual Levy Report and Annual Operating Budget. ATTACHMENTS: 1. Resolution —Service Levels B, C, D and R 2. Engineer's Annual Levy Report RESOLUTION NO. CSD 15- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B — RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C — PERIMETER LANDSCAPING, SERVICE LEVEL D — RECYCLING AND REFUSE COLLECTION AND SERVICE LEVEL R — EMERGENCY UNPAVED ROAD SERVICES FOR FISCAL YEAR 2015-16 THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction. Section 2. Pursuant to Government Code Section 61115, the TCSD has prescribed, revised and collected rates and charges for the services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes within the TCSD in the manner prescribed by Government Code Section 61115. By previous resolution, the TCSD proposed to continue such rates and charges for the operation, maintenance, service and administration of residential street lighting, perimeter landscaping, recycling and refuse collection and emergency unpaved road maintenance services for Fiscal Year 2014-15. Section 3. Pursuant to Government Code Section 61115, the TCSD caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2015-16. The Report is based upon a budget adopted by the Board of Directors for the proposed services for specific areas where such services are provided, including necessary staff and administrative expenses. A summary of the Report containing the proposed rates and charges is attached hereto as Exhibit A, entitled "Project Summary", and incorporated herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available for public inspection. Section 4. By previous resolution, the Board of Directors acknowledged the filing of the Report, and appointed a time and place for a public hearing on the Report and the proposed rates and charges. Notice of the public hearing was mailed on May 8, 2015 calling for a public hearing on June 23, 2015. Notice was published as required by law and affidavits of publication and mailing are on file with the Secretary of the TCSD. Section 5. At the public hearing on June 23, 2015, the Board of Directors will hear and consider all oral and written objections, protests and comments by any interested person concerning the Report, the proposed rates and charges, and the method of collection of such rates and charges. Section 6. The Board of Directors hereby finds that, based on the Report and the District budget, the rates and charges as set out on Exhibit "A" do not exceed the reasonable cost of the services to be provided by the TCSD for Fiscal Year 2015-16. Section 7. The Board of Directors hereby overrules any and all objections and protests and adopts the rates and charges for residential street lighting, perimeter landscaping, recycling and refuse collection and emergency unpaved road maintenance services for Fiscal Year 2015-16 as set out on Exhibit A. Section 8. The TCSD shall collect such rates and charges at the same time and in the same manner and by the same persons as, together with and not separately from, the property taxes collected within the TCSD. These rates and charges shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such property taxes. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charge is levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien or a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection. Section 9. If a property owner subject to these rates and charges questions the classification of the owner's property for Fiscal Year 2015-16, or claims that an error has been made with respect to the implantation of the rates and charges or the application of the rates and charges to the owner's property for that fiscal year, such property owner must appeal the levy by filing an appeal with the Secretary of the TCSD before 5:00 p.m. on December 1, 2015, pursuant to procedures established by the TCSD, in order to be considered under the appeal of classification or correction of errors program. Section 10. If a property owner subject to these rates and charges believes that payment of the rates and charges for Fiscal Year 2015-16 would create a hardship for that property owner during that fiscal year, such property owner must appeal the levy by filing a hardship appeal with the TCSD Secretary before 5:00 p.m. on December 1, 2015, pursuant to procedures established by the TCSD, in order to be considered under the hardship appeal program. Section 11. The TCSD Secretary is hereby ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California before August 10, 2015, the Report and the property tax roll with such rates and charges enumerated for each parcel not exempt there from; and the County Auditor is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of such rates and charges as shown on that roll and to perform any and all duties necessary therefore. Section 12. Pursuant to the California Environmental Quality Act, the levy and collection of these rates and charges is exempt from CEQA pursuant to California Public Resources Code Section 21080(b)(8) and Section 15273 of the State Guidelines because the rates and charges are necessary to maintain existing improvements within the TCSD. Section 13. The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 23rd day of June, 2015. Maryann Edwards, Chair ATTEST: Randi Johl-Olson, City Clerk/Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Randi Johl-Olson, City Clerk/Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 15- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 23rd day of June, 2015, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl-Olson, City Clerk/Secretary STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, MMC, City Clerk/ Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 15- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 23rd day of June, 2015, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Randi Johl-Olson, MMC City Clerk/ Board Secretary EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT On January 28, 2014, Albert A. Webb Associates was retained by the City of Temecula to prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for Fiscal Year 2015-2016. Pursuant to Government Code of the State of California, commencing with Section 61115, the TCSD has the power to levy and collect rates and charges in order to carry on its operations and to provide the services and facilities furnished by it. The levy and collection of the rates and charges is accomplished by the identification and description of each parcel within a specific Service Level. A Service Level is a defined area that provides a specific service, operation and maintenance and/or program to only those parcels contained within that service level boundary. The TCSD is currently composed of four (4) Service Levels, as described below: 1. Service Level B — Residential Street Lights. Operations, maintenance, utility costs and administration of all residential streetlights. 2. Service Level C - Perimeter Landscaping and Slope Maintenance. Operations, maintenance, utility costs, improvements, and administration for all perimeter landscaping and slope maintenance areas maintained by the TCSD. 3. Service Level D — Recycling and Refuse Collection. Operations and administration of the recycling and refuse collection program for single-family residential dwellings. 4. Service Level R — Unpaved Road Maintenance. Maintenance of unpaved streets and roads. The Financial Analysis contained herein contains each Service Level including their totals for Fiscal Year 2015-2016 as follows: SERVICE LEVEL BUDGET Service Level B Service Level C Service Level D Service Level R TOTAL BUDGET FY 2015-2016 *Single Family Residential $ 1,032,622 $ 1,795,162 $ 7,189,109 $ 9,850 $ 10, 026, 743 Rate $25.68/SFR* $12.84/Vacant Parcel Variable $259.32 Variable The Levy and Collection amounts for all non-exempt parcels within the TCSD for the Fiscal Year 2015-2016 are as shown on the Levy Roll on file with the City Clerk/District Secretary. ALBERT A. WEBB ASSOCIATES Engineer's Annual Levy Report Fiscal Year 2015-2016 Temecula Community Services District TCSD Levels B, C, R and Recycling & Refuse Collection Prepared for: Irak The Heart of Southern California Wine Country June 2015 www.webbassociates.com Table of Contents Sections Tables Section i. Engineer's Statement i Section 1. Description of Services 1 Section 2. Budgets and Levy Summary 2 Section 3. District Services and Charges 5 Section 4. Changes to the District 10 Section 5. Method of Apportionment 11 Section 6. Tax Roll 14 Table 2-1. Operating Budget Department Summary 3 Table 2-2. Year over Year Budget Comparison 4 Table 3-1. Service Level B 5 Table 3-2. Service Level C 6 Table 5-1. Parcel Charge Calculation Service Level B 11 Table 5-2. Parcel Charge Calculation Service Level C 12 Table 5-3. Parcel Charge Calculation Service Level R 13 Table 5-4. Parcel Charge Calculation Refuse/Recycling Collection 13 Appendices Appendix A. Tax Rolls A-1 i. Engineer's Statement AGENCY: CITY OF TEMECULA PROJECT: TEMECULA COMMUNITY SERVICES DISTRICT TO: BOARD OF DIRECTORS CITY OF TEMECULA STATE OF CALIFORNIA REPORT PURSUANT TO GOVERNMENT CODE SECTION 61115 Pursuant to Government Code Section 61115, this Report is prepared and presented to the Board to prescribe Service Level B, Service Level C, Service Level R and Refuse/Recycling Collection rates and charges for the parcels and territories within the District. A Public Hearing is held each year before the Board to allow the public an opportunity to hear and be heard regarding the District. Following consideration of all public comments and written protests at the noticed Public Hearing, and review of the Report, the Board may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the Charges, the Board shall order the levy and collection of Charges for Fiscal Year 2015-2016. In such case, the levy information will be submitted to the Riverside County Auditor/Controller, and included as Charges on the property tax roll for the various services provided in Fiscal Year 2015-2016. SECTION 1 DESCRIPTION OF SERVICES of the areas covered and the services provided for the Fiscal Year. The description of services shows and describes the existing improvements, and is sufficient in showing and describing the general nature, location, and extent of the improvements. SECTION 2 A BUDGETS AND LEVY SUMMARY by Service Levy of the improvements to be maintained and/or improved for the mentioned Fiscal Year. SECTION 3 A description of the DISTRICT SERVICES AND CHARGES by Service Level, describing the method used to apportion District charges. SECTION 4 CHANGES TO THE DISTRICT contains details of changes that have occurred within the District since its inception that could affect the levy. SECTION 5 The METHOD OF APPORTIONMENT used to calculate the levy for each of the Service Levels. SECTION 6 The TAX ROLL information. Temecula Community Services District (Service Level B, C, R and Refuse/Recycling Collection) Final Engineer's Annual Levy Reportfor Fiscal Year 2015-16 i. Engineer's Statement WHEREAS, upon incorporation of the City of Temecula (the "City"), effective December 1, 1989 voters approved the formation of the Temecula Community Services District (the "District") to provide specified services previously provided by the County of Riverside (the "County") to properties within its jurisdiction. The boundary of the District is coterminous with the City boundary and includes all parcels within the City with the City Council acting as the Board of Directors (the "Board") for the District. The District collects property -related fees and charges ("Charges") in order to provide services and maintain the improvements within the District. The District was formed, and Charges are set and established, pursuant to the Community Services District Law, Title 6, Division 3 of the California Government Code (''CSD Law"). WHEREAS, each fiscal year, an Engineer's Annual Levy Report (the "Report") is prepared, filed, and approved by the Board. This Report describes the District, any changes to the District, and the proposed Charges for the fiscal year. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Number or Assessor's Parcel Number by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessment Numbers and specific Fund Numbers to identify on the tax roll properties charged for District services. The Charges contained in the Report are based on the historical and estimated cost to service properties within the District. The services provided by the District and the corresponding costs are budgeted and charged as separate Service Levels and include all expenditures, deficits, surpluses, and revenues. Each parcel is charged for the services provided to the parcel. The District provides residential street lighting, perimeter landscaping and slope protection, and refuse collection in numerous residential developments as well as unpaved road improvement and maintenance within specified areas of the District. WHEREAS, Pursuant to Government Code Section 61115 the District has prescribed, revised, and collected rates and charges for residential street lighting ('Service Level B"), perimeter landscaping ("Service Level C"), unpaved road maintenance ("Service Level R"), and Refuse/Recycling Collection services furnished by the District, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Section 61115. Temecula Community Services District (Service Level B, C, R and Refuse/Recycling Collection) Final Engineer's Annual Levy Reportfor Fiscal Year 2015-16 I I i. Engineer's Statement Now, THEREFORE, I, the appointed ENGINEER, acting on behalf of the Temecula Services District, pursuant to the "CSD Law", do hereby submit the following: The District requested Albert A. Webb Associates, to prepare and file an Engineer's Report for Temecula Community Services District (Levels B, C, R and Refuse/Recycling Collection) pursuant to the Government Code Section 61115, presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations, and servicing of the improvements for Service Levels B, C, R and Refuse/Recycling Collection, for the referenced Fiscal Year, an assessment of the estimated costs of the maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within each Service Level and Refuse/Recycling Collection in proportion to the special benefit received; This Report and the information contained herein reflect the proposed budget for each of the various services provided by the District and the rates and charges applicable to those services as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the Board of Directors of the Temecula Community Services District. Executed this ) 7...t' day of 2015. ALBERT A. WEBB ASSOCIATES 1/t1;Wz4 MATTHEW E. WEBB PROFESSIONAL CIVIL ENGINEER NO. 37385 ENGINEER OF WORK CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT STATE OF CALIFORNIA Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report were made on the day of 2015, by adoption of Resolution No. By the Board of Directors. CITY CLERK CITY OF TEMECULA STATE OF CALIFORNIA A copy of the Tax Roll and Engineer's Annual Levy Report were filed in the office of the City Clerk on the day of , 2015 CITY CLERK CITY OF TEMECULA STATE OF CALIFORNIA Temecula Community Services District (Service Level B, C, R and Refuse/Recycling Collection) Final Engineers Annual Levy Report for Fiscal Year 2015-16 1. Description of Services The boundary of the District is coterminous with the City boundary, and includes all parcels within the City. The District provides certain property related services and improvements consisting of four (4) separate and distinct services referred to as "Service Levels". Each parcel within the District is charged proportionately for only those services attributable to the parcel. Each Service Level has differing costs depending upon the services provided. All parcels identified within a Service Level share in the cost of the service. The costs associated with the service are spread among all properties within that Service Level to which the service is provided in accordance with the Rate and Method of Apportionment of the specific service level. Services and improvements provided throughout the District include residential street lighting, perimeter landscape maintenance and slope protection, unpaved road improvement construction and maintenance, and a refuse and recycling collection program. The Service Levels are identified as follows: Service Level B - Residential Street Lighting Services include the operation, maintenance, utility costs and administration of residential streetlights. Service Level C - Perimeter Landscaping Services include the operation, maintenance, utility costs, improvements, and administration of all perimeter landscaping and slope maintenance areas maintained by the District. Service Level R - Unpaved Road Maintenance Services include the operation and administration of certain unpaved streets and roads maintained by the District. Refuse/Recycling Collection Services include the operation and administration of the refuse and recycling program for single-family dwellings. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Final Engineer's Annual Levy Report for Fiscal Year 2015-16 2. Budgets and Levy Summary The budgets for each Service Level are shown below. Each Service Level provides different and specific services and improvements to various parcels within the District. Only the parcels that the services and improvements are levied for are included at each of the Service Levels. The "Total Levy Units" and the resulting "Charge per Levy Unit" (shown in Table 2-2), reflect a method of apportionment that most fairly spreads the costs of the services to the parcels in that Service Level. The "Total Levy Units" for Service Levels B, C, and Refuse/Recycling Collection is based on a per parcel count. For Service Level R, levy units are based on a Parcel Development Unit (''PDU'), which is similar to a per parcel count but makes a distinction between developed and undeveloped parcels. For a more complete description of the methods used for calculating the"Total Levy Units" used for each Service Level, please refer to Section 5, Method of Apportionment. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Final Engineer's Annual Levy Report for Fiscal Year 2015-16 2 2. Budgets and Levy Summary Table 2-1 Operating Budget Department Summary for the Fiscal Year Ending June 30, 2016 Budget Item Acct No. Level B Level C 192 193 Level D 194 Level R 195 Total District PERSONNEL Services Subtotal Personnel Services OPERATIONS MAINTENANCE 5200'S Repair & Maintenance Facilities 5212 Office Supplies 5220 Printing 5222 Election Costs (Offset by Developer Deposits) 5225 Dues and Memberships 5226 Postage and Packaging 5230 Property Tax Administrative Fees 5231 Utilities 5240 Small Tools and Equipment 5242 Consulting Services 5248 Other Outside Services 5250 Public Notices 5256 Staff Training/Education 5261 Mileage 5262 Recognition Program 5265 Subtotal 5200's $11,500 $121,399 $98,286 $11,500 $121,399 $98,286 so so $231,185 $231,185 $0 $66,420 $0 $0 $66,420 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $6,000 $0 $6,000 $0 $0 $0 $0 $0 $13,770 $11,006 $15,000 $160 $39,936 $0 $453,770 $0 $0 $453,770 $0 $515 $5,000 $0 $5,515 $0 $0 $0 $0 $0 $0 $0 $18,000 $0 $18,000 $0 $0 $15,000 $0 $15,000 $0 $0 $500 $0 $500 $0 $0 $250 $0 $250 $0 $0 $0 $0 $0 $13,770 $531,711 $59,750 $160 $605,391 Waste Hauling 5315 $0 $0 $7,002,738 $0 $7,002,738 Street Lighting 5319 $1,007,352 $0 $0 $0 $1,007,352 Subtotal 5300's $1,007,352 $0 $7,002,738 $0 $8,010,090 Emergency Road Maintenance 5402 $0 $0 $0 $9,690 $9,690 Landscape Maintenance 5415 $0 $683,480 $0 $0 $683,480 Landscape Rehabilitation 5416 $0 $458,572 $0 $0 $458,572 Subtotal 5400's $0 $1,142,052 $0 $9,690 $1,151,742 Recycling Programs Subtotal Capital Outlay Subtotal $0 $0 $0 $0 so so so so $28,335 $28,335 so so so so so so $28,335 $28,335 so so TOTAL DIRECT DISTRICT COSTS $1,032,622 $1,795,162 $7,189,109 $9,850 $10,026,743 EXPENDITURES/REVENUES Contingency Reserve $0 $0 $0 $0 $0 TOTAL EXPENDITURES / REVENUES $1,032,622 $1,795,162 $7,189,109 $9,850 $10,026,743 CONTRIBUTIONS Contributions from Grants $0 $0 $27,335 $0 $27,335 Operation Income $0 $0 $0 $0 $0 Other Contributions $0 $1,435 $6,000 $0 $7,435 Fund Balance Collection/Contribution $391,238 $208,813 ($50,854) $4,318 $553,515 TOTAL COLLECTION/CONTRIBUTIONS $391,238 $210,248 ($17,519) $4,318 $588,285 Balance to Levy (Budgeted) $641,384 $1,584,914 $7,206,627 $5,532 $9,438,458 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Final Engineer's Annual Levy Report for Fiscal Year 2015-16 2. Budgets and Levy Summary The following Table provides levy information for the various Service Levels within the District, comparing the Budget for Fiscal Year 2015-2016 to the previous fiscal year. Table 2-2 Year over Year Budget Comparison FY 2014-15 ENROLLMENTS FY 2015-16 PROJECTIONS District Total Fund Levy No. Parcels Units Charge / Levy Total Unit (3)Levy Parcels Total Levy Units % Change per Levy Unit Charge / Levy Total Unit (3)Levy Service Level B - Residential Street Lighting Single -Family Residential 24,636 24,636 $25.68 $632,652.48 24,636 24,636 0.00% $25.68 $632,652.48 Condominium 680 340 $25.68 $8,731.20 680 340 0.00% $25.68 $8,731.20 68-2914 25,316 24,976 $641,383.68 25,316 24,976 $641,383.68 Service Level C - Perimeter Landscaping(1)(2) Zone 1 68-2930 327 327 $116.00 $37,932.00 327 327 0.00% $116.00 $37,932.00 Zone 2 68-2931 478 478 $89.00 $42,542.00 478 478 0.00% $89.00 $42,542.00 Zone 3 68-2932 408 408 $116.00 $47,328.00 408 408 0.00% $116.00 $47,328.00 Zone 4 68-2933 139 139 $46.00 $6,394.00 139 139 0.00% $46.00 $6,394.00 Zone 5 68-2934 223 223 $175.00 $39,025.00 223 223 0.00% $175.00 $39,025.00 Zone 6 68-2935 229 229 $103.22 $23,637.38 229 229 1.35% $104.62 $23,957.98 Zone 7 68-2936 188 188 $89.00 $16,732.00 188 188 0.00% $89.00 $16,732.00 Zone 8 68-2937 783 783 $175.00 $137,025.00 783 783 0.00% $175.00 $137,025.00 Zone 9 68-2938 111 111 $46.00 $5,106.00 111 111 0.00% $46.00 $5,106.00 Zone 10 68-2939 84 84 $116.00 $9,744.00 84 84 0.00% $116.00 $9,744.00 Zone 11 68-2940 14 14 $175.00 $2,450.00 14 14 0.00% $175.00 $2,450.00 Zone 12 68-2941 831 831 $116.00 $96,396.00 831 831 0.00% $116.00 $96,396.00 Zone 13 68-2942 744 744 $46.00 $34,224.00 744 744 0.00% $46.00 $34,224.00 Zone 14 68-2943 166 166 $89.00 $14,774.00 166 166 0.00% $89.00 $14,774.00 Zone 15 68-2944 56 56 $175.00 $9,800.00 56 56 0.00% $175.00 $9,800.00 Zone 16 68-2945 216 216 $175.00 $37,800.00 216 216 0.00% $175.00 $37,800.00 Zone 17 68-2946 46 46 $46.00 $2,116.00 46 46 0.00% $46.00 $2,116.00 Zone 18 68-2947 1,343 1,343 $70.00 $94,010.00 1,343 1,343 0.00% $70.00 $94,010.00 Zone 19 68-2948 242 242 $225.00 $54,450.00 242 242 0.00% $225.00 $54,450.00 Zone 20 68-2949 1,017 1,017 $175.00 $177,975.00 1,017 1,017 0.00% $175.00 $177,975.00 Zone 21 68-2950 1,769 1,769 $129.00 $228,201.00 1,769 1,769 0.00% $129.00 $228,201.00 Zone 22 68-2951 38 38 $116.00 $4,408.00 38 38 0.00% $116.00 $4,408.00 Zone 23 68-2952 420 420 $20.00 $8,400.00 420 420 0.00% $20.00 $8,400.00 Zone 24 68-2953 1,621 1,621 $100.00 $162,100.00 1,621 1,621 0.00% $100.00 $162,100.00 Zone 25 68-2954 220 220 $200.00 $44,000.00 220 220 0.00% $200.00 $44,000.00 Zone 26 68-2955 8 8 $270.00 $2,160.00 8 8 0.00% $270.00 $2,160.00 Zone 27 68-2956 130 130 $70.00 $9,100.00 130 130 0.00% $70.00 $9,100.00 Zone 28 68-2957 1,806 1,806 $129.00 $232,974.00 1,806 1,806 0.00% $129.00 $232,974.00 Zone 29 68-2958 10 10 $368.42 $3,684.20 10 10 1.35% $373.40 $3,734.00 Zone 30 N/A 0 N/A N/A N/A 0 N/A N/A N/A N/A Zone 31 N/A 0 N/A N/A N/A 0 N/A N/A N/A N/A Zone 32 N/A 0 N/A N/A N/A 0 N/A N/A N/A N/A Total 13,667 13,667 $1,584,487.58 13,667 13,667 $1,584,857.98 Service Level R - Road Maintenance Rate Level 1 68-2917 55 48 $115.26 $5,532.48 55 48 0.00% $115.26 $5,532.48 Citywide Recycling/Refuse Collection 68-2916 I 27,723 27,723 $244.20 1 $6,769,956.60 I 27,749 27,749 6.36% $259.72 1 $7,206,970.28 Beginning Fiscal Year 2007-08 for Zones 29 and 31, and beginning Fiscal Year 2009-10 for Zones 6 and 32, the maximum rates as approved by the property owners are annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles -Riverside -Orange County Area, for the previous calendar year or 5%. (2) Zones 30, 31, & 32 will not be levied for FY 15-16 as the project areas will be maintained by an HOA (3) Due to rounding, the Total Levy Units (shown in this table) multiplied by the Charge per Unit may be different from the Total Levy Budget. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Final Engineer's Annual Levy Report for Fiscal Year 2015-16 I4 3. District Services and Charges Service Level B, Residential Street Lighting Service Level B includes all developed single-family residential parcels, condominiums, and residential vacant lots for which the District provides ongoing servicing, operation, and maintenance of local street lighting improvements. The current rate and charges for Service Level B is $25.68 per residential lot ($12.84 per condominium unit within Specific Plans), and shall be applied to developed and undeveloped residential parcels within the following Tracts and subdivisions for Fiscal Year 2015-2016. Table 3-1 Service Level B Tracts 04153-00 19872-05 20882-01 21675-04 23063-03 23101-05 23267-02 24135-03 27827-01 29928-00 31053-03 04188-00 19939-00 20882-02 21675-05 23063-04 23101-06 23267-03 24136-00 27827-02 29928-01 31276-00 04457-00 19939-01 20882-03 21675-06 23063-05 23125-00 23267-04 24136-01 27827-03 29928-02 31344-00 06559-00 19939-02 20987-00 21760-00 23063-06 23125-01 23371-00 24136-02 28309-00 29928-03 31898-00 07401-00 20079-00 21067-00 21765-00 23063-07 23125-02 23371-01 24136-03 28480-00 29929-00 32104-00 07402-00 20079-01 21082-00 22148-00 23063-08 23125-03 23371-02 24182-01 28482-00 29929-01 32169-00 08369-00 20079-02 21082-01 22203-00 23064-00 23126-00 23371-03 24182-02 28482-01 30088-00 32170-00 08369-01 20079-03 21082-02 22204-00 23064-01 23128-00 23371-04 24182-03 28482-02 30264-00 32319-00 08369-02 20130-00 21082-03 22208-00 23064-02 23142-00 23371-05 24182-04 28482-03 30264-01 32436-00 11087-01 20130-01 21082-04 22593-00 23064-03 23143-00 23371-06 24183-00 28503-00 30264-02 32436-01 11087-02 20130-02 21340-00 22593-01 23065-00 23143-01 23371-07 24183-01 28510-00 30264-03 32437-00 12189-01 20130-03 21340-01 22593-02 23065-01 23143-02 23371-08 24184-00 28510-01 30264-04 32437-01 12189-02 20130-04 21340-02 22627-00 23065-03 23143-03 23371-09 24184-01 28510-02 30264-05 32437-02 12189-03 20130-05 21340-03 22627-01 23065-04 23143-04 23371-10 24185-00 28510-03 30264-06 32437-03 12189-04 20130-06 21340-04 22715-00 23065-05 23143-06 23371-11 24185-01 28526-00 30264-07 33124-00 12189-05 20153-00 21340-05 22715-01 23066-01 23143-07 23371-14 24185-02 28553-00 30264-08 33125-00 12189-06 20154-00 21340-06 22715-02 23066-02 23143-08 23483-00 24186-00 28553-01 30264-09 34698-00 12189-07 20319-00 21340-07 22716-00 23066-03 23143-09 24131-00 24186-01 28810-00 30264-10 Old Town 13060-01 20643-00 21430-01 22716-01 23066-04 23143-10 24131-01 24186-02 28980-00 30264-11 PM 24387 13060-02 20644-00 21561-00 22716-02 23066-05 23143-11 24131-02 24186-03 29033-00 30264-12 PM 26488 13060-03 20703-01 21672-01 22716-03 23067-02 23173-00 24131-03 24187-00 29036-00 30264-13 PM 27493 13060-04 20703-02 21672-02 22716-04 23067-03 23173-01 24132-00 24187-01 29133-00 30264-14 PM 28122 13060-05 20703-03 21672-03 22761-00 23067-04 23173-02 24132-01 24187-02 29203-00 30264-15 13060-06 20735-01 21672-04 22762-00 23067-05 23173-03 24133-00 24188-00 29286-00 30667-00 13060-07 20735-02 21673-00 22786-00 23100-01 23173-04 24133-01 24188-01 29734-00 30667-01 13060-08 20735-03 21673-01 22915-00 23100-02 23174-01 24133-02 24188-02 29798-00 30667-02 18518-00 20735-04 21673-02 22915-01 23100-03 23174-02 24133-03 24188-03 29798-01 30667-03 18518-01 20735-05 21673-03 22915-02 23100-04 23174-03 24133-04 24232-00 29798-02 30668-00 18518-02 20735-06 21674-00 22915-03 23100-05 23174-04 24133-05 25004-00 29798-03 30668-01 18518-03 20735-07 21674-01 22916-00 23100-06 23174-05 24134-00 25004-01 29798-04 30668-02 18583-00 20735-08 21674-02 22916-01 23100-07 23174-06 24134-01 25892-00 29798-05 30669-00 19872-00 20735-09 21674-03 22916-02 23100-08 23177-00 24134-02 26488-00 29798-06 30669-01 19872-01 20848-00 21675-00 22916-03 23101-01 23209-00 24134-03 26828-00 29798-07 30669-02 19872-02 20879-00 21675-01 22962-00 23101-02 23220-00 24135-00 26828-01 29798-08 31053-00 19872-03 20879-01 21675-02 23063-01 23101-03 23267-00 24135-01 26828-02 29798-09 31053-01 19872-04 20882-00 21675-03 23063-02 23101-04 23267-01 24135-02 27827-00 29798-10 31053-02 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Final Engineer's Annual Levy Reportfor Fiscal Year 2015-16 3. District Services and Charges Service Level C, Perimeter Landscaping Service level C includes all developed single family and condominium residential parcels and residential vacant lots for which the District provides on-going servicing, operation, and maintenance of perimeter landscaped areas and slopes within the public right-of-ways and dedicated easements adjacent to and associated with certain tracts and subdivisions. The level of maintenance required in these tracts and subdivisions varies depending on operating costs. Thirty-two (32) Zones with corresponding rates have been established within Service Level C. The current rate and charges for Service Level C is per residential lot and shall be applied to developed and undeveloped residential parcels within the following Tracts and subdivisions for Fiscal Year 2015-2016. Table 3-2 Service Level C Zone No. 1 Maximum Rate: $116.00 I Proposed Rate: $116.00 Tract Name: Tract Numbers: Saddlewood 18518-00 18518-01 18518-02 18518-03 Zone No. 2 Maximum Rate: $89.00 I Proposed Rate: $89.00 Tract Name: Tract Numbers: Winchester Creek 20130-00 20130-01 20130-02 20130-03 20130-04 20130-05 20130-06 21340-00 21340-01 21340-02 21340-03 21340-04 21340-05 21340-06 Zone No. 3 I Maximum Rate: $116.00 I Proposed Rate: $116.00 Tract Name: Tract Numbers: Rancho Highlands 20643-00 20644-00 21760-00 22203-00 22204-00 22761-00 22762-00 Zone No. 4 I Maximum Rate: $46.00 I Proposed Rate: $46.00 Tract Name: Tract Numbers: The Vineyards 20879-00 20879-01 Zone No. 5 I Maximum Rate: $175.00 I Proposed Rate: $175.00 Tract Name: Tract Numbers: Signet Series 20882-00 20882-01 20882-02 20882-03 Zone No. 6 (4) I Maximum Rate: $104.62 I Proposed Rate: $104.62 Tract Name: Tract Numbers: Woodcrest Country 21561-00 22208-00 (4) Beginning Fiscal Year 2009-2010, the base rate for Zone 6 was $95.00. Each year thereafter, beginning Fiscal Year 2010-2011 the maximum rate as approved by the property owners is annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles -Riverside -Orange County Area, for the previous calendar year or 5%. For Fiscal Year 2015-2016 the adjustment is 1.35%, the percentage increase in the CPI. Zone No. 7 I Maximum Rate: $89.00 I Proposed Rate: $89.00 Tract Name: Tract Numbers: Ridgeview 20735-07 20735-08 20735-09 20881-00 21764-00 Zone No. 8 Maximum Rate: $175.00 I Proposed Rate: $175.00 Tract Name: Tract Numbers: Village Grove 21672-01 21672-02 21672-03 21672-04 21673-00 21637-01 21637-02 21673-03 21674-00 21674-01 21674-02 21674-03 21675-00 21675-01 21675-02 21675-03 21675-04 21675-05 21675-06 Zone No. 9 I Maximum Rate: $46.00 I Proposed Rate: $46.00 Tract Name: Tract Numbers: Rancho Solana 22593-00 22593-01 22593-02 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Final Engineer's Annual Levy Reportfor Fiscal Year 2015-16 16 3. District Services and Charges Zone No. 10 Maximum Rate: $116.00 I Proposed Rate: $116.00 Tract Name: Tract Numbers: Martinique 23128-00 Zone No. 11 I Maximum Rate: $175.00 I Proposed Rate: $175.00 Tract Name: Tract Numbers: Meadow View 21675-00 Zone No. 12 Maximum Rate: $116.00 I Proposed Rate: $116.00 Tract Name: Tract Numbers: Vintage Hills 22715-00 22715-01 22715-02 22716-00 22716-01 22716-02 22716-03 22716-04 22915-00 22915-01 22915-02 22915-03 22916-00 22916-01 22916-02 22916-03 Zone No. 13 Maximum Rate: $46.00 I Proposed Rate: $46.00 Tract Name: Tract Numbers: Presley Development 23267-00 23267-01 23267-02 23267-03 23267-04 26861-00 26861-01 26861-02 26861-03 Zone No. 14 I Maximum Rate: $89.00 I Proposed Rate: $89.00 Tract Name: Tract Numbers: Morrison Homes 22148-00 Zone No. 15 I Maximum Rate: $175.00 I Proposed Rate: $175.00 Tract Name: Tract Numbers: Barclay Estates 25004-01 Zone No. 16 I Maximum Rate: $175.00 I Proposed Rate: $175.00 Tract Name: Tract Numbers: Tradewinds 23125-00 23125-01 23125-02 23125-03 Zone No. 17 I Maximum Rate: $46.00 I Proposed Rate: $46.00 Tract Name: Tract Numbers: Monte Vista 28309-00 Zone No. 18 Maximum Rate: $70.00 I Proposed Rate: $70.00 Tract Name: Tract Numbers: Temeku Hills 23371-00 23371-01 23371-02 23371-03 23771-04 23771-05 23371-06 23371-07 23371-08 23371-09 23371-10 23371-11 23371-14 28482-00 28482-01 28482-02 28482-03 28526-00 29033-00 Zone No. 19 I Maximum Rate: $225.00 I Proposed Rate: $225.00 Tract Name: Tract Numbers: Chantemar 28510-00 28510-01 28510-02 28510-03 Zone No. 20 Maximum Rate: $175.00 I Proposed Rate: $175.00 Tract Name: Tract Numbers: Crowne Hill 23143-00 23143-02 23413-03 23413-04 23413-01 23413-03 23413-04 23413-06 23413-07 23413-08 23413-09 23413-10 23413-11 Zone No. 21 Maximum Rate: $129.00 I Proposed Rate: $129.00 Tract Name: Tract Numbers: Vail Ranch Gated Community 28832-00 Vail Ranch Residential 23173-00 23173-01 23174-03 23174-04 23173-02 23174-05 23173-03 23174-06 23173-04 28480-00 23174-01 23174-02 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Final Engineer's Annual Levy Reportfor Fiscal Year 2015-16 3. District Services and Charges Zone No. 22 Maximum Rate: $116.00 I Proposed Rate: $116.00 Tract Name: Tract Numbers: Sutton Place 29286-00 Zone No. 23 I Maximum Rate: $20.00 I Proposed Rate: $20.00 Tract Name: Tract Numbers: Pheasant Run 19872 19872-01 19872-02 19872-03 19872-04 19872-05 Zone No. 24 Maximum Rate: $100.00 I Proposed Rate: $100.00 Tract Name: Tract Numbers: Harveston 29928 29928-01 29928-02 29928-03 29929 29929-01 30088 30667 30667-01 30667-02 30667-03 30668 30668-01 30668-02 30669 30669-01 30669-02 31053 31053-01 31053-02 31053-03 32436 32436-01 32437 32437-01 32437-02 32437-03 34698 Harveston Ashville I 31276 Harveston Ashville 11 32104 Harveston Condos 32169 32170 Zone No. 25 I Maximum Rate: $200.00 I Proposed Rate: $200.00 Tract Name: Tract Numbers: Serena Hills 23209 Zone No. 26 I Maximum Rate: $270.00 I Proposed Rate: $270.00 Tract Name: Tract Numbers: Traditions/Gallery Homes 29133 Zone No. 27 I Maximum Rate: $70.00 I Proposed Rate: $70.00 Tract Name: Tract Numbers: Avondale 26828 26828-01 26828-02 Zone No. 28 Maximum Rate: $129.00 I Proposed Rate: $129.00 Tract Name: Tract Numbers: Wolf Creek 29798 29798-01 29798-02 29798-03 29798-04 29798-05 29798-06 29798-07 29798-08 29798-09 30264 30264-01 30264-02 30264-03 30264-04 30264-05 30264-06 30264-07 30264-08 30264-09 30264-10 30264-11 30264-12 30264-13 30264-14 30264-15 31898 33125 32319 33124 Zone No. 2915) I Maximum Rate: $373.40 I Proposed Rate: $373.40 Tract Name: Tract Numbers: Gallery Portraits 31344-00 (5) Beginning Fiscal Year 2006-2007, the base rate for Zone 29 was $315.00. Each year thereafter, beginning Fiscal Year 2007-2008 for Zone 29 the maximum rate as approved by the property owners is annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles -Riverside -Orange County Area, for the previous calendar year or 5%. For Fiscal Year 2015-2016 the adjustment is 1.35%, the percentage increase in the CPI. Zone No. 30 (6)(7) I Maximum Rate: $129.00 I Proposed Rate: $129.00 Tract Name: Tract Numbers: Valdemosa 25004 (6) The maximum rate for Zone 30 is $129.00, but will not be levied for Fiscal Year 2015-2016. (7) Beginning Fiscal Year 2010-2011, Zone 30 elected to maintain its ownperimeter landscaping under the existingHomeowner's Association 'HOA" As a result g g P� g ("HOA"). the Zone will not be levied under Service Level C for Fiscal Year 2015-2016. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Final Engineer's Annual Levy Reportfor Fiscal Year 2015-16 8 3. District Services and Charges Zone No. 31(8"9) Maximum Rate: $30.82 I Proposed Rate: $30.82 Tract Name: Tract Numbers: Roripaugh Ranch TBD (8) (9) Beginning Fiscal Year 2006-2007, the base rate for Zone 31 was $26.00. Each year thereafter, beginning Fiscal Year 2007-2008 for Zone 31, the maximum rate as approved by the property owners is annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles -Riverside -Orange County Area, for the previous calendar year or 5%. For Fiscal Year 2015-2016 the adjustment is 1.35%, the percentage increase in the CPI. The maximum rate for Zone 831 is $30.82, but will not be levied for Fiscal Year 2015-2016. Zone 31 elected to have its perimeter landscaping maintained by a Homeowner's Association ("HOA"). As a result the Zone will not be levied under Service Level C for Fiscal Year 2015-2016. Zone No. 321108111 I Maximum Rate: $704.83 I Proposed Rate: $704.82 Tract Name: Tract Numbers: Vineyard View 23103-2 (10) Beginning Fiscal Year 2008-2009, the base rate for Zone 32 was $640.00. Each year thereafter, beginning Fiscal Year 2009-2010 for Zone 32, the maximum rates as approved by the property owners are annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles -Riverside -Orange County Area, for the previous calendar year or 5%. For Fiscal Year 2015-2016 the adjustment is 1.35%, the percentage increase in the CPL (11) The maximum rate for Zone 32 is $704.83, but will not be levied for Fiscal Year 2015-2016. Zone 32 elected to have its perimeter landscaping maintained by a Homeowner's Association ("HOA"). As a result the Zone will not be levied under Service Level C for Fiscal Year 2015-2016. Service Level R, Road Maintenance Service Level R provides funding for construction, improvement, service, and maintenance of unpaved public streets and roads within specific areas of the District. The services provided may include, but are not limited to, renovation or restoration due to damage, flood and drainage control, repairs and re -grading, and upgrades of the existing areas as required for unpaved roads. All parcels identified within Service Level R share in the cost of the services provided. The costs associated with the services are spread among all parcels within various areas ("rate levels") of Service Level R in accordance with the Rate and Method of Apportionment for the service level. Service Level R currently has one (1) active rate level, Rate Level R-1. The area for Rate Level R-2 has been fully paved and therefore an assessment is currently not required. Only the parcels within each of the two (2) boundary areas will be charged for the costs associated with servicing and maintaining the roads and streets in the area. • RATE LEVEL R-1 — This rate level consists of fifty-five (55) assessable parcels that have direct access to roads or streets that are serviced and maintained through the District. This rate level provides funding for the servicing and maintenance of Kimberly Lane, Greenwood Lane, Liefer Road, Gatlin Road, and Pala Vista. A total of 1.546 miles of roads are serviced and maintained in this area. The current maximum rates and charges in R-1 are $115.26 per single-family residential lot and $57.62 per vacant residential lot, and shall be applied at the maximum rates for developed and undeveloped residential parcels within R-1 for Fiscal Year 2015-2016. • RATE LEVEL R-2 — This rate level consists of forty (40) assessable parcels that have direct access to Santiago Road. This area has been fully paved and no longer requires service under this District. Refuse/Recycling Collection The Refuse/Recycling Collection Service Level provides for the operation and administration of the refuse collection program, including recycling services for all developed residential homes (or "Households") within the District. The rate and charges for Fiscal Year 2015-2016 Refuse/Recycling Collection is $259.72 per Household and will be applied to all parcels that have been identified as developed residential homes. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Final Engineer's Annual Levy Reportfor Fiscal Year 2015-16 19 4. Changes to the District Changes or modifications to the District structure, if any, could include but are not limited to changes or expansion in the existing improvements or in the types of services provided, addition of new services or Service Levels, restructuring of the current Service Levels, inclusion of parcels into the District or Service Levels, or revisions in the method of apportionment. Changes or modifications within the District that may affect the levy are outlined in the following. Notable Previous Modifications to the District Two Service Levels Replaced with a Special Tax On March 4, 1997, the voters of Temecula approved a Special Tax to fund citywide community services. This Special Tax replaced two existing Service Levels, previously charged through the Community Services District. Beginning in Fiscal Year 1997-1998 the below two Service Levels were replaced by the Special Tax and are no longer charged through the District. • COMMUNITY SERVICES, PARKS, AND RECREATION — This service level provided for the maintenance, service, and operation of all public parks and recreation services within the City. • SERVICE LEVEL A, ARTERIAL STREET LIGHTING AND MEDIANS — This service level provided servicing, operation, and maintenance of traffic signals, street lighting, and landscaped medians along arterial streets. Service Level R As of Fiscal Year 2008-2009, the streets have been fully paved and there is no longer any need to assess for unpaved road maintenance (Rate level R-2). Proposed Modifications to the District for Fiscal Year 2015-2016 The most notable modification to the District for Fiscal Year 2015-2016 is related to the addition of improvements and expansion of existing services as a result of new development. When a new residential tract is developed, the District accepts additional improvements for maintenance and servicing. Along with acceptance of the improvements, the parcels within those tracts are included in the appropriate Service Levels. The improvements and services for Service Levels B and C are typically tract or development specific and therefore, all parcels within a tract or development are included in these two Service Levels when the District accepts the improvements. Additionally, individual residential parcels are included in the Refuse/Recycling Collection when a new single-family residential unit is identified and service is ordered. Service Level B There were no additional inclusions or modifications to Service Level B for Fiscal Year 2015-2016. Service Level C There are no new inclusions to Service Level C (Perimeter Landscaping) proposed for the Fiscal Year 2015-2016. Service Level R There are no new inclusions to Service Level R (Road Maintenance), proposed for Fiscal Year 2015-2016. Refuse/Recycling Collection A total of approximately 32 newly developed residential parcels have been identified and added to Refuse/Recycling Collection for Fiscal Year 2015-2016. These new residential parcels are identified each year and included in Refuse/Recycling Collection based upon the waste hauler's updated service records. The rate for Fiscal Year 2015-2016 for Refuse/Recycling Collection is $259.72 per residential parcel. For Fiscal Year 2014-2015, the rate and charge for this service was $244.20. For more information, please refer to Section 2, Budgets and Levy Summary. The costs for the District represent actual service costs, as provided in the City's franchise agreement with CR&R Waste Services. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Final Engineer's Annual Levy Report for Fiscal Year 2015-16 Ito 5. Method of Apportionment Method of Apportionment The cost to provide services within the District will be fairly distributed among each eligible property. Service Level B (Residential Street Lighting): The following formula is used to calculate each property's Service Level B charges by the per parcel/unit (residential "lot/unit") method. Total Balance to Levy (Budgeted) _ (Total Residential Lots + Assigned Condominium Units) = Parcel Charge Service Level C (Perimeter Landscaping and Slopes); and Refuse/Recycling Collection: The following formula is used to calculate each property's Service Level C charges by the per parcel (residential "lot") method. Total Balance to Levy (Budgeted) / Total Residential Lots (in Service Level) = Parcel Charge Service Level R (Roads): The Charge per Levy Unit for Service Level R is based on a Parcel Development Unit (PDU), which is similar to a per parcel charge, but makes a distinction between developed and undeveloped parcels. Parcel Development Units = 1.0 for Developed Parcels Parcel Development Units = 0.5 for Undeveloped Parcels Total Balance to Levy / Total Parcel PDU (in Rate Level) = Parcel Charge The following tables reflect the levy calculations for each Service Level. Table 5-1 Parcel Charge Calculation Service Level B Property Type Parcel/Unit Charge per x Parcel/Unit Parcel/Unit = Charge Multiplier Single Family Residential Lot Vacant Residential Lot Assigned Condominium Units (12) 1.00 1.00 0.50 $25.68 $25.68 $25.68 $25.68 $25.68 $12.84 Per Parcel Per Parcel Per Parcel/Unit Defined as Assigned Condominium Units in Service Level B for which the interior streetlights are privately maintained however, he Assigned Condominium Units benefit from perimeter or collector street lighting funded by Service Level B. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Final Engineer's Annual Levy Reportfor Fiscal Year 2015-16 5. Method of Apportionment Table 5-2 Parcel Charge Calculation Service Level C Property Type and Zone Charge per Parcel/Unit x Parcel = Parcel Charge Multiplier Residential Lot Zone No. 1 1.00 $116.00 $116.00 Per Parcel Residential Lot Zone No. 2 1.00 $89.00 $89.00 Per Parcel Residential Lot Zone No. 3 1.00 $116.00 $116.00 Per Parcel Residential Lot Zone No. 4 1.00 $46.00 $46.00 Per Parcel Residential Lot Zone No. 5 1.00 $175.00 $175.00 Per Parcel Residential Lot Zone No. 6 (13) 1.00 $104.62 $104.62 Per Parcel Residential Lot Zone No. 7 1.00 $89.00 $89.00 Per Parcel Residential Lot Zone No. 8 1.00 $175.00 $175.00 Per Parcel Residential Lot Zone No. 9 1.00 $46.00 $46.00 Per Parcel Residential Lot Zone No. 10 1.00 $116.00 $116.00 Per Parcel Residential Lot Zone No. 11 1.00 $175.00 $175.00 Per Parcel Residential Lot Zone No. 12 1.00 $116.00 $116.00 Per Parcel Residential Lot Zone No. 13 1.00 $46.00 $46.00 Per Parcel Residential Lot Zone No. 14 1.00 $89.00 $89.00 Per Parcel Residential Lot Zone No. 15 1.00 $175.00 $175.00 Per Parcel Residential Lot Zone No. 16 1.00 $175.00 $175.00 Per Parcel Residential Lot Zone No. 17 1.00 $46.00 $46.00 Per Parcel Residential Lot Zone No. 18 1.00 $70.00 $70.00 Per Parcel Residential Lot Zone No. 19 1.00 $25.00 $25.00 Per Parcel Residential Lot Zone No. 20 1.00 $175.00 $175.00 Per Parcel Residential Lot Zone No. 21 1.00 $129.00 $129.00 Per Parcel Residential Lot Zone No. 22 1.00 $116.00 $116.00 Per Parcel Residential Lot Zone No. 23 1.00 $20.00 $20.00 Per Parcel Residential Lot Zone No. 24 1.00 $100.00 $100.00 Per Parcel Residential Lot Zone No. 25 1.00 $200.00 $200.00 Per Parcel Residential Lot Zone No. 26 1.00 $270.00 $270.00 Per Parcel Residential Lot Zone No. 27 1.00 $70.00 $70.00 Per Parcel Residential Lot Zone No. 28 1.00 $129.00 $129.00 Per Parcel Residential Lot Zone No. 29 (13) 1.00 $373.40 $373.40 Per Parcel Residential Lot Zone No. 30 (14) 1.00 $129.00 $129.00 Per Parcel Residential Lot Zone No. 31 (13)(13) 1.00 $30.82 $30.82 Per Parcel Residential Lot Zone No. 32 (13)(13) 1.00 $704.82 $704.82 Per Parcel (13) Beginning Fiscal Year 2007-2008 for Zones 29 and 31, and beginning Fiscal Year 2009-10 for Zones 6 and 32, the maximum rates as approved by the property owners are annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles -Riverside -Orange County Area, for the previous calendar year or 5%. (14) Beginning Fiscal Year 2010-2011, Zone 30 has elected to maintain its ownperimeter landscaping under the existingHomeowner's Association 'HOA" As a g g P� g ("HOA"). result the Zone will not be levied under Service Level C for Fiscal Year 2015-2016. (15) Zones 31 and 32 Zone 31 elected to have the perimeter landscaping maintained by a Homeowner's Association ("HOA"). As a result the Zones will not be levied under Service Level C for Fiscal Year 2015-2016. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Final Engineer's Annual Levy Reportfor Fiscal Year 2015-16 112 5. Method of Apportionment Table 5-3 Parcel Char 1 e Calculation Service Level R Property Type and Zone Single Family Residential Lot R-1 Vacant Residential Lot R-1 Parcel/Unit x Charge per Parcel = Parcel Charge 1 Multiplier 1.00 0.50 $115.26 $115.26 $115.26 $57.64 Per Parcel Per Parcel Table 5-4 Parcel Char e Calculation Refuse/Rec Property Type (16) Single Family Residential Lot clin Collection 1 Parcel/Unit x Charge per Parcel = Parcel Charge 1 Multiplier 1.00 $259.72 $259.72 Per Parcel 161 Developed residential parcels identified by CR&R for which refuse collections are available. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Final Engineer's Annual Levy Reportfor Fiscal Year 2015-16 113 6. Tax Roll Parcel identification for each lot or parcel within the District shall be the parcel as shown on the County Assessor's map for the year in which this Report is prepared. A listing of parcels within this District, along with the charges, is available for viewing in the City Clerk's office. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Final Engineer's Annual Levy Report for Fiscal Year 2015-16 114 ALBERT A. WEBB ASSOCIATES Corporate Headquarters 3788 McCray Street Riverside, CA 92506 951.686.1070 Palm Desert Office 36-951 Cook Street #103 Palm Desert, CA 92211 760.568.5005 Murrieta Office 41391 Kalmia Street #320 Murrieta, CA 92562 951.686.1070 TEMECULA COMMUNITY SERVICES DISTRICT BUSINESS Item No. 31 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: Executive Director/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: June 23, 2015 SUBJECT: Receive Eagle Soar Playground Programs Update PREPARED BY: Yvette Martinez, Inclusion Services Specialist RECOMMENDATION: That the Board of Directors receive and file the Eagle Soar Playground Programs Update. BACKGROUND: The Youth Master Plan Addendum for youth with special needs states that the City Council recognizes that youth with special needs and their families have unique and complex issues that are not easily addressed. Often times, children with special needs do not have the same play opportunities as everyone else due to specific barriers which require the need for more structured and intense supervision. In 2013, the City of Temecula embarked on a journey to create a playground specifically designed to meet the unique needs of children with special needs. An Inclusive Play Structure Ad Hoc Subcommittee was formed in order to begin this process and create a Special Needs Playground and Splash Pad. The City Council envisioned a park that would give children with special needs the ability to access a playground with no barriers while still ensuring the safety and comfort of all children with or without disabilities. The playground would unite children of all abilities while building a common ground; and allow children to play at the highest level of their ability. As such, the City of Temecula embraces the diversity of all the children in the community. The playground and splash pad is built to provide a safe, integrative, and inclusive environment where children with and without disabilities can come play together with ease, access, and usability. While the parks in the City of Temecula meet the Americans with Disabilities Act (ADA) guidelines for playgrounds, the new playground at Margarita Park takes it a step further in creating both an accessible and inclusive playground. The playground and splash pad is accessible and inclusive to children with and without special needs. Accessibility of the playground describes the degree in which the products, devices, and equipment are accessible to as many people as possible with minimal to no barriers to play. Inclusiveness of the playground is termed to ensure that all children regardless of ability are welcomed and part of the playground and splash pad experience. Therefore, the playground and splash pad is both an accessible and inclusive playground for all to enjoy. In 2014, the City of Temecula celebrated the groundbreaking of the specials needs playground & Splash Pad at Margarita Park; and within 6 months of construction and installation the playground and splash pad was officially open to the public in February of 2015. Currently, the Eagle Soar Playground has become the most popular and visited playground in Temecula. This is partly due to the splash pad component that the other public parks do not provide, as well as, the unique/specialized playground features and equipment that attract children of all abilities. With that said, families of children with special needs are encountering challenges in safely and comfortably using the playground. Many parents of children without special needs are unware of the intended use of the playground and are not abiding by the playground rules and regulations, resulting in a negative experience for users with special needs. In order to improve and preserve the experience of those with special needs and the entire community, the City in conjunction with local, non-profit Our Nicholas Foundation have implemented and launched several programs in an effort to create a more inclusive environment for the community. Operation Eagle Soar consists of the following programs: • Updated Playground/Splash Pad Signage • Ambassador Kindness Program: A volunteer program for members of the community who are interested in being an Ambassador at the Eagle Soar playground. Ambassadors will be responsible for creating a positive, inclusive environment in order to improve and maintain a positive experience for children with and without special needs. Ambassadors will be recognized by wearing a bright, vibrant colored t -shirt and will share informational handouts to parents about the mission and vision of the playground, and help create an inclusive attitude amongst the community. Ambassadors would work closely with Human Services, Aquatics, and Parks. • Eagle Soar Designated Playground Days for children and families with special needs (Specialized): this program runs during designated times and is specialized for children and families with special needs. This program will give children with special needs the ability to explore and play in a low -stress, relaxed environment at their own pace. Also, it will give parents the opportunity to experience the "respite" aspect of the playground as well as connect with other parents of children with special needs. • Eagle Soar Summer Program (Inclusive): This enrichment summer program is once a week during a designated time for children of all abilities. This program will provide enrichment activities and free play while promoting inclusion and public awareness. • Public Awareness Program: Distribute "Eagle Soar Playground Pamphlets" to the schools, local community, and public-private organizations. The following items are being implemented to provide public awareness: Facebook page, City website, Hotline, and press coverage. The City of Temecula desires for members of the community to utilize the park in a safe, respectful, and considerate manner abiding by Park Rules and Regulations; hence, programs have been strategically designed to obtain the desired vision of the park. FISCAL IMPACT: None ATTACHMENTS: None SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CONSENT CALENDAR Item No. 32 ACTION MINUTES June 9, 2015 City Council Chambers, 41000 Main Street, Temecula, California SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING RECONVENE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING: The Successor Agency to the Temecula Redevelopment Agency convened at 8:05 P.M. CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar (absent), Rahn, Washington, Comerchero SARDA PUBLIC COMMENTS (None) SARDA CONSENT CALENDAR 16 Approve the Action Minutes of February 24, 2015 — Approved Staff Recommendation (4-0-1, Director McCracken abstained, Director Naggar absent) Director Edwards made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors Edwards, Rahn and Comerchero with Director McCracken abstaining and Director Naggar absent. RECOMMENDATION: 16.1 That the Board of Directors approve the action minutes of February 24, 2015. SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT At 8:07 P.M., the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to June 23, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, SARDA Chair ATTEST: Randi Johl-Olson, City Clerk/Secretary [SEAL] SARDA Action Minutes 060915 1 Item No. 33 Approvals City Attorney Finance Director City Manager THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Jennifer Hennessy, Finance Director DATE: June 23, 2015 SUBJECT: Receive and File Financial Statements for the 3rd Quarter Ended March 31, 2015 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: That the Board of Directors receive and file the Financial Statements for the 3rd Quarter Ended March 31, 2015. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the Successor Agency to the Temecula Redevelopment Agency for the 3rd Quarter ended March 31, 2015. Please see the attached Financial Statements for analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: 1. Statement of Fiduciary Net Assets as of March 31, 2015. 2. Statement of Changes in Fiduciary Net Assets -for the 3rd Quarter Ended March 31, 2015. SARDA STATEMENT OF FIDUCIARY NET ASSETS As of March 31, 2015 Successor Agency to the Former RDA ASSETS: Cash and Investments $ 17,330,217 Receivables 2,354 Land Held for Resale 98,484 Land 3,819,108 Property, Plant, and Equipment (net of accumulated depreciation) 30,676,592 TOTAL ASSETS $ 51,926,755 LIABILITIES: Accounts Payable $ 20,000 Advances from City-SERAF 5,250,954 Accrued Interest Payable 927,122 Bonds Payable and Discount 84,742,322 TOTAL LIABILITIES NET ASSETS: TOTAL NET ASSETS Note: Amounts are unaudited 90,940,398 (39,013,643) (1) (1) The deficit balance is primarily attributed to SARDA long term debt, which will be reduced when future revenues are received and matched with their annual debt service payments. SARDA STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS for the 3rd Quarter Ended March 31, 2015 Successor Agency to the Former RDA ADDITIONS: Investment Earnings $ 5,107 Reimbursement 319,405 Property Tax Distribution 2,912,525 TOTAL ADDITIONS 3,237,037 DEDUCTIONS: Abbott OPA 155,053 Affordable Housing Obligations 305,000 CSUSM Tenant Improvement 97,704 Debt Service - Interest 3,686,301 Depreciation 885,742 Operations 15,480 Contribution to City Housing Fund 125,000 TOTAL DEDUCTIONS 5,270,280 Change in Net Assets Net Assets as of July 1, 2014 Net Assets as of March 31, 2015 Note: Amounts are unaudited (2,033,243) (36,980,400) $ (39,013,643) (1) (1) The deficit balance is primarily attributed to SARDA long term debt, which will be reduced when future revenues are received and matched with their annual debt service payments. CITY COUNCIL BUSINESS Item No. 34 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: June 23, 2015 SUBJECT: Introduce Ordinance to Amend the Temecula Municipal Code to Allow Government Crime Insurance Policies in Place of Corporate Surety Bonds for City Officials PREPARED BY: Robert Cardenas, Fiscal Services Manager RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING FOUR PROVISIONS OF TITLE 2 OF THE TEMECULA MUNICIPAL CODE TO AUTHORIZE OBTAINING GOVERNMENT CRIME INSURANCE IN PLACE OF SURETY BONDS FOR CITY MANAGER, CITY CLERK, FINANCE DIRECTOR AND CITY TREASURER 2. Adopt a Resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY TO PROCURE AND MAINTAIN GOVERNMENT CRIME INSURANCE POLICY OR EMPLOYEE DISHONESTY INSURANCE POLICY, INCLUDING FAITHFUL PERFORMANCE IN PLACE OF CORPORATE SURETY BONDS SUMMARY OF PROPOSED ORDINANCE: Temecula Municipal Code Sections 2.12.130, 2.16.040, 2.20.040 and 2.28.040 require "a corporate surety bond" in the amount of $100,000 for the employees serving as City Manager, City Clerk, City Treasurer and Finance Director. The proposed ordinance would amend each of these sections to authorize the City to procure and maintain a government crime insurance policy or employee dishonesty insurance policy, including faithful performance, in an amount set by resolution of the city council, as an alternate to the surety bond, as authorized by the provisions of Government Code Section 1463. The proposed ordinance also authorizes the City Council to set the amount of the bond or government crime insurance policy or employee dishonesty insurance policy. The City would be required to pay for the government crime insurance policy or employee dishonesty insurance policy as it is currently required to pay for the corporate surety bonds. DISCUSSION Temecula Municipal Code Sections 2.12.130, 2.16.040, 2.20.040 and 2.28.040 require "a corporate surety bond" for the employees serving as City Manager, City Clerk, City Treasurer and Finance Director. Each of these sections is similar to Section 2.12.130 for the City Manager that provides: "The city manager shall furnish a corporate surety bond in the amount of one hundred thousand dollars from a surety approved by the city council for the faithful performance of the duties imposed upon the city manager. The premium for such bonds shall be a proper charge against the city." Government Code Section 36518 provides: "Before entering upon the duties of their offices, the city clerk and city treasurer shall each execute a bond to the city. Except as otherwise provided, the bonds shall conform to the provisions of this code relating to bonds of public officers. The penal sum of the bond shall be in a reasonable amount recommended by the city attorney and fixed by the city council, by resolution, and may be changed during their terms of office." As an alternative to the corporate surety bonds, Government Code Section 1463 provides a procedure that would allow the City Council to authorize a "government crime insurance policy" or "employee dishonesty insurance policy" in place of a corporate surety bond for city officials. Such insurance policies could replace the bonds for the City Manager, City Clerk, City Treasurer and Finance Director. Government Code Section 1463 provides: "For the purposes of this chapter, a government crime insurance policy or employee dishonesty insurance policy, including faithful performance, may be provided as an alternative to the official bond by any county or city, subject to approval by the presiding judge of the superior court and recording and filing as provided in Sections 1457 to 1460.1, inclusive. An insurance policy procured pursuant to this section may be used as a master bond as though it were an official bond, subject to approval of the appointing power or the legislative body as provided in Section 1481." The government crime insurance policy or employee dishonesty insurance policy would provide equal or greater protection for the City than the traditional corporate surety bonds for City officials in the event of employee dishonesty. Additionally, the policies would benefit the City by providing administrative efficiencies and providing higher coverage limits at no additional cost to the City's crime insurance policy. FISCAL IMPACT: No increase to the City in the cost of government crime insurance policy or employee dishonesty insurance policy over corporate surety bonds for City officials. ATTACHMENTS: 1. Ordinance 2. Resolution ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING FOUR PROVISIONS OF TITLE 2 OF THE TEMECULA MUNICIPAL CODE TO AUTHORIZE OBTAINING GOVERNMENT CRIME INSURANCE IN PLACE OF SURETY BONDS FOR CITY MANAGER, CITY CLERK, FINANCE DIRECTOR AND CITY TREASURER THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Section 2.12.030 of the Temecula Municipal Code is hereby amended to read as follows: 2.12.130 Bond. The city manager shall furnish a corporate surety bond in the amount of one hundred thousand dollars, or such higher amount as may be approved by resolution of the city council, from a surety approved by the city attorney, for the faithful performance of the duties imposed upon the city manager. Pursuant to the provisions of Government Code Section 1463, the City may procure and maintain a government crime insurance policy or employee dishonesty insurance policy, including faithful performance, in an amount set by resolution of the city council, as an alternate to the surety bond. The premium for such bond or insurance policy shall be a proper charge against the city. Section 2. Section 2.16.040 of the Temecula Municipal Code is hereby amended to read as follows: 2.16.040 Bond. The city clerk shall furnish a corporate surety bond in the amount of one hundred thousand dollars, or such higher amount as may be approved by resolution of the city council, from a surety approved by the city attorney, for the faithful performance of the duties imposed upon the city clerk. Pursuant to the provisions of Government Code Section 1463, the City may procure and maintain a government crime insurance policy or employee dishonesty insurance policy, including faithful performance, in an amount set by resolution of the city council, as an alternate to the surety bond. The premium for such bond or insurance policy shall be a proper charge against the city. Section 3. Section 2.20.040 of the Temecula Municipal Code is hereby amended to read as follows: 2.20.040 Bond. The city treasurer shall furnish a corporate surety bond in the amount of one hundred thousand dollars, or such higher amount as may be approved by resolution of the city council, from a surety approved by the city attorney, for the faithful performance of the duties imposed upon the city treasurer. Pursuant to the provisions of Government Code Section 1463, the City may procure and maintain a government crime insurance policy or employee dishonesty insurance policy, including faithful performance, in an amount set by resolution of the city council, as an alternate to the surety bond. The premium for such bond or insurance policy shall be a proper charge against the city. Section 4. Section 2.28.040 of the Temecula Municipal Code is hereby amended to read as follows: 2.28.040 Bond requirement. The finance director shall furnish a corporate surety bond in the amount of one hundred thousand dollars, or such higher amount as may be approved by resolution of the city council, from a surety approved by the city attorney, for the faithful performance of the duties imposed upon the finance director. Pursuant to the provisions of Government Code Section 1463, the City may procure and maintain a government crime insurance policy or employee dishonesty insurance policy, including faithful performance, in an amount set by resolution of the city council, as an alternate to the surety bond. Any premium for such bond or insurance policy shall be a proper charge against the city. Section 5. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 6. The City Clerk shall certify to the adoption of the Ordinance and publish it in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , Jeff Comerchero, Mayor ATTEST: Randi Johl-Olson, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 15- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 23rd day of June, 2015, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl-Olson, City Clerk RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY TO PROCURE AND MAINTAIN GOVERNMENT CRIME INSURANCE POLICY OR EMPLOYEE DISHONESTY INSURANCE POLICY, INCLUDING FAITHFUL PERFORMANCE IN PLACE OF CORPORATE SURETY BONDS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula does hereby find, determine and declare as follows: A. Government Code Section 1463 provides a procedure that would allow the City Council to authorize a "government crime insurance policy" or "employee dishonesty insurance policy" in place of a corporate surety bond for city officials. Such insurance policies could replace the bonds for the City Manager, City Clerk, City Treasurer and Finance Director. B. On June 23, 2015, the City Council introduced Ordinance No. 15 - that amends Temecula Municipal Code Sections 2.12.130, 2.16.040, 2.20.040 and 2.28.040 to authorize the City to procure and maintain a government crime insurance policy or employee dishonesty insurance policy, including faithful performance, in an amount set by resolution of the city council, as an alternate to the surety bond, as authorized by the provisions of Government Code Section 1463. The proposed ordinance also authorizes the City Council to set the amount of the bond or government crime insurance policy or employee dishonesty insurance policy. These sections would affect the employees serving as City Manager, City Clerk, City Treasurer and Finance Director. Section 2. Pursuant to the provisions of Temecula Municipal Code Sections 2.12.130, 2.16.040, 2.20.040 and 2.28.040, the City Council hereby authorizes the City Manager to procure and maintain government crime insurance policy or employee dishonesty insurance policy in place of corporate surety bonds for the positions of City Manager, City Clerk, City Treasurer and Finance Director. The government crime insurance policy or employee dishonesty insurance policy shall be in an amount of not less than five hundred thousand dollars ($500,000.00). Upon the effective date of said government crime insurance policy or employee dishonesty insurance policy, corporate surety bonds for the positions of City Manager, City Clerk, City Treasurer and Finance Director shall not be required and the City Manager shall take such measures as necessary to cancel said bonds. Section 3. This Resolution shall be effective upon the effective date of Ordinance No. 15- . Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of June, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl-Olson, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of June, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl-Olson, City Clerk DEPARTMENT REPORTS Item No. 35 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: June 23, 2015 SUBJECT: City Council Travel/Conference Report — May 2015 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file. On May 7, 2015 Council Member Maryann Edwards traveled to Palm Desert to attend the Southern California Association of Governments' (SCAG) Regional Conference and General Assembly Meeting. On May 16, 2015 Mayor Jeff Comerchero traveled to Las Vegas, Nevada to attend the International Council of Shopping Centers' (ICSC) RECon Conference. ATTACHMENTS: Meeting Agendas SO_Lot409 MLEPPAPNG OUR pAc-T ENVISIONING OUR FUTURE MAY 7-8, 2015 JW Marriott Desert Springs Resort & Spa 74855 Country Club Drive Palm Desert, CA 92260 www.scag.ca.gov/ga2015 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL CONFERENCE & GENERAL ASSEMBLY PRELIMINARY SCG WEDNESDAY, MAY 6 6:00 pm PRESIDENT'S VIP RECEPTION By Invitation Only THURSDAY, MAY 7 6:30 am - 8:30 am 8:00 am - 10:30 am 9:15 am - 10:15 am 10:30 am - 10:40 am 10:40 am - 11:00 am 11:00 am - 12:00 pm 12:15 pm - 1:45 pm 2:00 pm - 3:15 pm 3:15 pm - 3:30 pm 3:30 pm - 4:45 pm 6:00 pm - 9:00 pm FRIDAY, MAY 8 630 am - 8:30 arn 8:30 am - 9.30 am 9.00 am - 9:30 am 9.30 am - 11.30 am 11:30 ant OPTIONAL BIKE TOUR NETWORKING & BREAKFAST REGIONAL COUNCIL MEETING WELCOME & OPENING REMARKS MORNING KEYNOTE GENERAL ASSEMBLY MEETING AWARDS LUNCHEON BREAKOUT SESSION 1A Start Your Engines - Developing the Resources Today for Tomorrow's Economy BREAKOUT SESSION 1B Making Transit the Easy Choice - Improvements for the First and Last Mile BREAKOUT SESSION 1C What is Past is Pruloyue - The Evolution of Goods Movement in Southern California BREAK & NETWORKING BREAKOUT SESSION 2A Meeting Public Engagement Challenges on Large Infrastructure Projects BREAKOUT SESSION 2B Beyond Your Dashboard GPS - Way Beyond BREAKOUT SESSION 2C Innovator Power Hour SCAG'S 50TH ANNIVERSARY GALA OPTIONAL BIKE TOUR BREAKFAST & WELCOME MORNING KEYNOTE PLENARY SESSION CONFERENCE WRAP-UP BREAKOUT 5DL55IIINIS 2:00 PM - 3:15 PM BREAKOUT SESSION 1A: Start Your Engines - Developing the Resources Today for Tomorrow's Economy In 2014, SCAG and the Southern California Leadership Council held the Poverty Summit to commemorate the 50th Anniversary of the War on Poverty, which revealed a yet growing crisis in Southern California - the increasing numbers of the poor, working poor and under -educated residents in the region Immediately thereafter, at the 2014 Economic Summit, SCAG laid out the Regional Action Plan for Poverty with short and long-term actions to capitalize on future growth industries, job creation, educating the workforce of tomorrow, and regulatory reform_ This panel presents how we are revving up our jobs and economic engines on the road to Southern California's prosperity. BREAKOUT SESSION 1B: Making Transit the Easy Choice - Improvements for the First and Last Mile As the region celebrates its success in creating a transit system that spans hundreds of miles, and hundreds of stations, many communities are now shifting their focus from the long drive' to their "short game" At the end of every transit trip, transit users must walk, bike, or drive to get to their final destination. Today, more local jurisdictions are making modifications in land -use plans as a way to provide more jobs near stops and stations. This session will explore strategies for improving transit access and increasing ridership through innovative approaches to addressing the first -last mile challenge BREAKOUT SESSION 1C: What is Past is Prologue - The Evolution of Goods Movement in Southern California Just over 50 years ago, a new type of technology emerged that would transform global trade forever: the advent and adoption of the shipping container Few people understood at the time when the first ship carrying containerized goods arrived at the Port of Los Angeles, it signaled the beginning of an economic revolution that would transform the SCAG region into the Nation's premier trade gateway Today, emerging technologies and nascent business models may provide the next major leap in the evolution of goods movement and the logistics industry. This panel will explore these emerging developments and their implication on the future of commerce in Southern California. 3:30 PM - 4:45 PM BREAKOUT SESSION 2A: Meeting Public Engagement Challenges on Large Infrastructure Projects "Why are they doing that? Nobody told me. Not in my backyard! It's about time they do something about that. Why is it taking so long and costing so much?" All this and more is heard from the public during efforts to plan, design and build infrastructure projects which meet transportation, water and energy needs as well as the demands of ratepayers and taxpayers. In addition to finding the funds to make needed projects a reality, project owners face the challenge to educate. engage, and gain public acceptance and support in every project phase. How do they do that? Learn how the biggest project owners engage the public early in project development to meet those challenges and successfully deliver projects collaborating with cities, constituents and the community BREAKOUT SESSION 2B: Beyond Your Dashboard GPS - Way Beyond Vehicle technology is progressing at such a dramatic rate that in -car GPS is no longer a novelty. Hybrid and electric vehicles are here to stay and rapidly emerging technologies in telematics and automated, semi - automated and connected cars will greatly impact the conversation as we plan for the future of the region. All these innovations have brought to light the limitations of our existing infrastructure and the urgent need to address them with viable solutions This panel will discuss these new technologies and the proper balance between market innovation and government regulation as we imagine our future transportation system. BREAKOUT SESSION 2C: Innovator Power Hour In a departure from the other breakout panels, this session will feature short presentations on forward -thinking concepts and relevant projects that hope to inform and inspire. Speakers will provide an overview of cutting-edge solutions to current real-world problems as well as those yet to materialize [7.;:. • 4112 The Future Starts Now May 17 - 20, 2015 Las Vegas Convention Center Las Vegas, NV #REConl 5 ok REcon RECon is the world's largest retail real estate exhibition and conference and is a must -attend event for shopping center industry executives, retailers, financial companies, and product and service suppliers. If you're in the shopping center industry, you can't afford not to attend RECon. When over 34,000 of the best and brightest in the industry come together, the opportunities are limitless. Professional Development Day Before the exhibit halls open, take advantage of non -compete time to enhance your career skills with a day dedicated to education and training. With a choice of quick -hitting sessions or in-depth educational courses on industry concepts from ICSC's world-class speakers and faculty, this program offers a variety of timely topics across a range of disciplines, all included in your full access RECon registration. Exhibitors, SPREE RECon, Marketplace Mall and MAXIs attendees are invited to upgrade at a nominal fee. Educational Sessions This is your year to expand your RECon experience with enhanced learning opportunities. Academy -style courses, industry panels, blockbuster keynotes, power sessions and more are offered throughout the day on Monday and Tuesday, and are categorized by specialty to help you find exactly what you're looking for to enhance your career. Choose the topics and times that work for you, all included in your full access RECon registration. ...and Keynote Speakers Sunday, May 17, 2015 1 :00 - 2:00 pm SPREE RECon The world's largest show for the cart, kiosk, and temporary retail industry is coming to RECon. SPREE has become a fixture in the specialty retail industry, offering cart, kiosk and pop-up store retailers, wholesalers, specialty leasing professionals, and service providers the unique opportunity to gather under one roof and make deals. #SPREEshow Talent Development Pavilion Visit the first-ever Talent Development Pavilion to gain a deeper appreciation of ICSC's broad-based programs and services that will support your professional development at any stage of your career. The Pavilion will feature university programs in retailing and real estate, student mentoring programs, as well as innovative opportunities such as resume coaching, complimentary professional head shot photographs, and power sessions on wide-ranging topics to catapult your career. Peyton Manning, Denver Broncos quarterback, the league's only five - time MVP and a 13 -time Pro Bowl selection, has earned his place among the NFL's greatest quarterbacks and most recently set the NFL record for the most career passing touchdowns. His 13 postseason appearances rank first by a quarterback in league annals along with his 84 career 300 -yard passing games. 2 2:30 - 3:30 pm John C. Maxwell is a #1 New York Times Bestselling author, coach and speaker who has sold more than 24 million books in 50 languages. Often called America's #1 leadership authority, he was identified as the most popular leadership expert in the world by Inc. magazine in 2014. Monday, May 18, 2015 2:30 - 3:30 pm Commander Rorke T. Denver has run every phase of training for the U.S. Navy SEALs and led special - forces missions. He starred in the hit film Act of Valor, which is based on true SEAL adventures. His New York Times Bestseller, Damn Few: Making the Modern SEAL Warrior, takes you inside his personal story and the fascinating, demanding SEAL training program he oversaw. Leasing Mall Whether you're a shopping center owner, looking to lease space in a new or existing shopping center, or a retailer, looking to expand into new markets, the Leasing Mall is the place where the deals get done! With over 900 of the world's largest shopping center development companies and retailers in attendance, the Leasing Mall is the most cost-efficient means of doing business. Marketplace Mall The Marketplace Mall will feature over 300 product suppliers and service companies, grouped together in one convenient location so that you can quickly and easily learn about the latest innovations to improve your profitability. Whether you are looking for signage, shopping carts, and more, you can find it at the Marketplace Mall. Finance Pavilion The Finance Pavilion is one convenient stop for attendees to meet with financial companies, banks, and lenders to discuss incentives and financing opportunities that will make their development dreams come true. Tuesday, May 19, 2015 1115am-12.15pm Erik Qualman, author, speaker, professor, entrepreneur — called a Digital Dale Carnegie, is the author of Socialnomics, which was a finalist for "Book of the Year" and on Amazon's #1 Bestselling List. He made Forbes Top 50 Power Influencers list. May 17 - 20, 2015 Las Vegas Convention Center Las Vegas, NV #RECon15 Cities of the World Pavilion The Cities of the World Pavilion will feature cities and municipalities, as well as government and non-profit organizations, that are looking to attract retail real estate development to communities throughout the world. The Pavilion will allow attendees to conveniently learn about all the incentives, inducements, and development opportunities that exist in communities near and far. ICSC Foundation Gala Dinner Jump start your RECon at the ICSC Foundation Gala Dinner. This who's who of retail real estate is the ideal opportunity to give back, while entertaining your clientele or staff. Join us at this private engagement for a night of networking and song with a tribute to Frankie Valli and The Four Seasons. Separate registration fee required. Meet the Trustees Breakfast This is your opportunity to discuss key industry issues with ICSC's Board of Trustees in an interactive, roundtable setting. 1230 - 2.00 pm Michael R. Francis Chief Global Brand Officer of DreamWorks Animation SKG, is responsible for global brand strategy, location - based entertainment, digtial, publishing and franchise development. His prior experience in the retail industry includes, serving as President of J.C. Penney, Global Chief Marketing Officer with Target Corporation and overseeing the Target Foundation. Www icscrecon.orB 1 k; RECon 15 3 PROGRAM AT -A -GLANCE SPECIALTY ■■ ■ ■ ■ ■ ■ 4 SUNDAY, MAY 17 — Professional Development Day 0U d - 5 00 pm Registration - I Global Delegates Networking Breakfast and Leadership Summit By invitation only O 30 - 10 45 ars a 1 Cold Calling and Prospecting For New Business 10 30 11 4`:„:u I, Volunteer Appreciation Brunch with Distinguished Trustee Service Award By invitation only 19 3u pH I Increase Your Sales and Profits with Powerful Negotiation Increasing Income Through Superior Customer Experience High -Performance and Sustainability in Retail Facility Management Reinvention: Property Redevelopment and Repositioning Driving Revenue from Social Campaigns pm 1 2015 VIVA "Best of the Best" Awards Presentation pm j Keynote and Opening Session - Peyton Manning pm I Blockbuster Session - John C, Maxwell pr I The Mall as a Retail Medium pm Omni -Channel Presence and Personalization pm j Volunteer Leadership Orientation By invitation only prn l Specialty Leasing & Deal Making pm I Retail Real Estate Market and Feasibility Analysis Introductory Training in ARGUS° Maximizing Productivity - Enhancing Shopping Experiences Essential Restaurant Fundamentals and Leasing Strategies 5:30 -- 7-:00 pm 1 U.S. MAXI Awards Ceremony 6'00 - 9.30 pm ; ICSC Foundation Gala Dinner 7.30 -- 9.30 pm I Opening Reception ■ "11 00 19:45--I 00 I00-2:00 2.30 - 3:30 2 30 - 3:45 2:30 - 4 00 300-500 4:00--515 4:00 - 5'30 MONDAY, 7:00am-500 8 03 5 130 ; 3 li) i; 0, i ref, 1 100 11,5, l il. MAY 18 pr r, i Registration Leasing Mall / Marketplace Mall / SPREE RECon CMD Global Certification Brief Luxury Retail Consumer Trends - Worldwide and in Your Neighborhood Capital Markets Successful Strategies to Attract and Retain Downtown Retailers ,I , I I CDP Global Certification Brief I Blockbuster Session -- CEO Retail Power Panel ■ Specialty Leasing M Asset Management • Marketing • Retailing Operations ■ Public Sector ■ Leasing ■ All Audiences • Development SPECIALTY ■ 12 00 pm 1 Lunch and Keynote Presentation ■ ?�; 3 30 1 Blockbuster Session - Commander Rorke T. Denver 3� 5 00 pi {,1 Cities of the World Reception ■ CRX Global Certification Brief ■ . • New Rules for Consumer Engagement in the SoLoMo Revolution New Priorities in Asset Management ■ ■ 4.00 5 00 pin 1 Broker-ology: Retail Broker Best Practices 4 15 - 4 30 pm 1 Annual Meeting of Members ■ 5 30 - 7 00 pm 1 Fortune Tellers Reception and Researcher Award Ceremony 5 30 -- 7 30 pm 1 Diversity Reception 5,30 - 8 30 pm 'SPREE RECon Cocktail Reception 8.00 - 11 ()0 prn j Latin American Reception By invitation only TUESDAY, MAY 19 6 su di p, Registration 7 00 - 8 30 am l Meet the Trustees Breakfast 8 00 ari, - 5 00 pr n 1 Leasing Mall / Marketplace Mall / SPREE RECon 9 00 - 10 30 ate C CSM Global Certification Brief ■ ■ ■ The Economics of a Lease: Developer and Retailer Perspectives ■ 9:30 - 11 00 drn 1 Envision 2020 Town Hall Meeting • 10 00 -11.00 am' Advanced Leasing Techniques -. Enhancing Your Shopping Center • 11.00 ani - 12:30 pm 1 CLS Global Certification Brief ■ Getting Compensation and Benefits Right in Today's Evolving Marketplace ■ 11 15 am -- 12 15 p,, I Blockbuster Session - Erik Qualman ■ 12 30 - 2.00 pm 1 Lunch and Keynote Presentation - Michael R. Francis ■ se 2.30 3:10 pm 1 The Continuing Conversation in Social Media ■ The Mail of the Future 3.30 - 5 00 ply, 1 Management Strategies to Thrive in a New Era of Retailing ■ Optimizing Tenant Mix for Downtown Business Districts ■ ' {1n 00 r,r'Quantum Leap: Deal Making in the 21st Century Using Current Technologies WEDNESDAY, MAY 20 / 00 1 Registration 8 00 ,T 2'00 r;(1) I Leasing Mall / Marketplace Mall / SPREE RECon www.icscrecon org ORECon15 5 6 RECO 2005 RAM SATURDAY, MAY 16 Registration (LVCC) SUNDAY, MAY 17 — Professional Development Day 8 00 i - 5 00 pr,-, Registration (LVCC) dr( ; Global Delegates Networking Breakfast and Leadership Summit By invitation only (Wynn Hotel) 0 – 10 45 d: Cold Calling and Prospecting For New Business ■ ■ (Westgate Hotel) Telephone prospecting, "door -knocking", canvassing—there are many names for this early stage in connecting to prospective retail tenants. Whether face-to-face or in the cloud, effective canvassing strategies—including use of cold -calling techniques and when to approach retailers—is an essential tool in the specialty leasing manager's tool kit. Gain new prospecting techniques in email marketing, social media marketing, and online searches. This course is designed to teach the art of approaching someone to identify and create new business possibilities with successful guidance on how to follow up and make deals. INSTRUCTOR Arleen Dalton, SLD 4 Vice President, Business Development General Growth Properties, Inc, Chicago, IL Volunteer Appreciation Brunch with Distinguished Trustee Service Award By invitation only (Wynn Hotel) Increase Your Sales and Profits with Powerful Negotiation ■ (Westgate Hotel) Negotiation is an important process when collaborating on a lease for a space in a shopping center. Retailers may evaluate whether their rents are in line with market rates, ask for discounts, or any myriad of concessions—ranging from help with build -outs to termination and kick -out clauses. Through this course you will learn how to prepare for what you want and understand what your prospective tenant needs to get to create a win-win deal. ■ Specialty Leasing ■ Marketing Operations ■ Leasing ■ AH Audiences ■ Asset Management ■ Retailing ■ Public Sector ■ Development INSTRUC Marc Feldman, CLS President F5 NOI Partners Cleveland, OH Increasing Income Through Superior Customer Experience ■ ■ (Westgate Hotel) Shopping centers today are moving beyond the basic definitions of lifestyle center, urban entertainment center, town center, or main streets. The new imperative for retail real estate is place making and relationship management through tangibles like differentiated tenant mix that reflects the local character of your property and through intangibles that create a sense of rootedness and authenticity with consumers. Learn to achieve long-term value and increased net operating income by creating an atmosphere of community in your development that will be remembered affectionately by customers generating longer stays, repeat visits, and ultimately customer loyalty. INSTRUCTOR Michael Ruckman President & CEO Senteo Incorporated Henderson, NV High -Performance and Sustainability in Retail Facility Management ■ In conjunction with PRISM and BOMI (Westgate Hotel) Growing occupant demand, investor pressures, and building code requirements have led to a new standard in high-performance building, driving many markets to mandate comprehensive sustainability and energy -efficiency programs. In this course, learn how industry leaders are applying sustainable initiatives, optimizing current and future high-performance building operations, maximizing cost -savings and environmental stewardship, and increasing their earning potential in the industry. INSTRUCTORS Cary M. Fronstin, RPA, LEED GA Associate Director Newmark Grubb Knight Frank Management Boca Raton, FL Jeffrey A. Horn President & CEO BOMI International Annapolis, MD Reinvention: Property Redevelopment and Repositioning ■ (Westgate Hotel) Factors such as overbuilding, recession, e-commerce, dependency on department stores, the experience economy, and of course, the ever changing consumer, have all come together demanding change from shopping centers and malls. Embracing change can sometimes be hard to swallow. But if you have accepted that your property is ready for a new approach to reach its full potential, this course may help you define it. You will explore innovative strategies that transcend traditional thinking and understand the key components of redevelopment plans that achieve triple bottom line success. Delve into the challenges and opportunities, successes and failures with a view toward lessons learned and value enhancement. INSTRUCTOR John-david W. Franklin, CRX, CLS Senior Vice President Madison Marquette Philadelphia, PA 1 www.icscrecon.org #RECon15 c �► SUNDAY, MAY lcsc 8 Driving Revenue from Social Campaigns ■ (Westgate Hotel) Social media holds a prominent place in the marketing mix today alongside print and broadcast as an essential marketing channel for retail and shopping center management. As such, marketing and management must learn to hold social media to the same standard as those channels and social media ROI needs to contribute to the bottom line. In this course, you will explore the most successful strategies for leveraging digital channels to drive revenue and capture business intelligence, You will discover how to evolve your live marketing campaigns in real-time to reach more consumers, gain skills necessary to generate business intelligence from social media analytics, and monitor, measure, and react to online activity in real-time. INSTRUCTORS Corbett Guest Brian Lutz CEO Director - Mobile & Digital Imaginuity Interactive Strategies Dallas, TX CBL & Associates Properties, Inc. Chattanooga, TN 1'2 4', 1 �:�_.? r:�n 2015 VIVA "Best of the Best" Awards Presentation (Westgate Hotel) ICSC's Annual VIVA "Best of the Best" Awards honors and recognizes the most outstanding examples of WA shopping center marketing, design and development, sustainability, and community service worldwide. 1 -) 2 -- 2 90 p m = Keynote and Opening Session - The Future Starts Now ■ (Westgate Hotel) Peyton Manning, Denver Broncos quarterback, the league's only five -time MVP and a 13 -time Pro Bowl selection, has earned his place among the NFL's greatest quarterbacks and most recently set the NFL record for the most career passing touchdowns. His 13 postseason appearances rank first by a quarterback in league annals along with his 84 career 300 -yard passing games. In two seasons with Denver, Manning has led the Broncos to consecutive 13 -win seasons and No. 1 conference seeds while throwing for an NFL -best 100 touchdowns in the regular season and playoffs. He compiled the best statistical season by a quarterback in NFL history during the 2013 campaign, setting single -season records for passing yards and touchdown passes, helping the Broncos become the most prolific offense in NFL history, setting a league single -season record for points scored while extending his NFL record with his fifth Most Valuable Player Award from the Associated Press, and being named Sportsman of the Year by Sports Illustrated. His 2013 season ended with a trip to Super Bowl XLVIII, making him only the third quarterback in NFL history to lead multiple teams to a Super Bowl. SPEAKER Peyton Manning Quarterback Denver Broncos Blockbuster Session 4 (Westgate Hotel) John C. Maxwell is a #1 New York Times bestselling author, coach, and speaker who has sold more than 24 million books in fifty languages. Often called America's #1 leadership authority, Maxwell was identified as the most popular leadership expert in the world by Inc. magazine in 2014. And he has been voted the top leadership professional six years in a row on LeadershipGurus.net. He is the founder of The ■ Specialty Leasing • Asset Management • Marketing ■ Retailing Operations • Public Sector ■ Leasing ■ Development ■ All Audiences John Maxwell Company, The John Maxwell Team, and EQUIP, a non-profit organization that has trained more than 5 million leaders in 180 countries. Each year Maxwell speaks to Fortune 500 companies, presidents of nations, and many of the world's top business leaders. He can be followed at Twitter.com/ JohnCMaxwell. For more information about him visit JohnMaxwell.com. SPEAKER AJohn C. Maxwell Bestselling Author, Coach Founder, The John Maxwell Company, The John Maxwell Team, EQUIP rr. ;_.+, • The Mall as a Retail Medium • ■ (Westgate Hotel) Developing the concept of the mall as an advertising medium requires establishing opportunities to market programs to existing mall traffic from a virtually endless range of possibilities in your center. Gain insight into what major brands are looking for when establishing long-term partnerships and implementing shopping center sponsorship and advertising programs. Learn what type of brand exposure they are seeking, how the consumer experiences the brand, how to deliver value to the sponsors, and how to measure results. INSTRUCTOR 1 " ' Erik R. Carlson 1 • Vice President — Mall Retail — East r Westfield, LLC ;ll a Tampa, FL p' ; Omni -Channel Presence and Personalization • x IV ■ (Westgate Hotel) The customer power shift is in full swing and the game has changed. To win mindshare, retailers and brands are reformulating their supply chain strategies to match this paradigm shift in consumer demand. It's not physical or digital; it's physical with digital where the omni -channel consumer is the central force shaping the future of e-commerce and brick -and -mortar stores alike. Tackling the impact of emerging omni -channel strategy, from the changing business needs of tenants to real time inventory challenges can be intimidating. This course is your chance to explore how shopping centers and retailers can best work together in an online + in -center partnership to drive traffic and sales. INSTRUCTOR Patrick Flanagan VP of Digital Marketing & Strategy M Simon Indianapolis, IN COO ■ Volunteer Leadership Orientation By invitation only (Wynn Hotel) Specialty Leasing & Deal Making (Westgate Hotel) Specialty leasing representatives have a full plate, from locating, evaluating, and developing potential leasing tenants and income -generating opportunities for common area and temporary in-line space, to negotiating agreements to achieve the financial objectives of the property, referring prospective tenants for approval, and coordinating short-term leasing administration and tenant presentation. In this course, learn about the different types of temporary and permanent deals for indoor or outdoor carts, kiosks, and displays. Discover the art of creative deal making and different approaches to closing the deal. Learn about deal structure, and come away from this class with the tools to work with a permanent leasing team. wwvv.icscrecon.Ord 1 f?RE( on"15 9 44 SUNDAY, MAY 17 icsc =1 0,' Retail Real Estate Market and Feasibility Analysis 10 ■ ■ (Westgate Hotel) Before diving into your next project and hoping for the best, learn the process of a feasibility study to investigate the possible negative and positive outcomes before investing too much time and money. This course will explore the relationship between the most successful retail projects and the feasibility analysis. An analysis of forecasted demand and measured supply, as well as the ability to complete a project successfully, will be discussed, taking into account legal, economic, technological, site, political, scheduling, and other factors. INSTRUCTOR Gary M. Ralston, CRX, CLS, CDP, CCIM, SIOR, SRS, CRE Managing Partner Coldwell Banker Commercial - Saunders Ralston Dantzler Lakeland, FL Introductory Training in ARGUS`' (Westgate Hotel) ARGUS Valuation -DCF® software is a popular retail real estate financial analysis program used to forecast and model cash flows, prepare budgets, and determine property valuations. In this course fundamental concepts and best practices are introduced, fundamental topics are reinforced, and sample properties are modeled, providing a hands-on learning environment. You will review the modeling of general vacancy loss, expense reimbursements, percentage rent, and more. INSTRUCTOR 2.,I Justin C. Landry Asset/Finance Manager Stirling Properties Baton Rouge, LA 30 Maximizing Productivity — Enhancing Shopping Experiences ■ ■ ■ (Westgate Hotel) Developers and retailers need to maximize ROI on spends against pre and post -shop, while captivating consumers at the point of purchase. Learn how the Coca-Cola Company is tackling this challenge to enhance shopping experiences in an evolving retail environment. The key principal of the module is, in order for brands, retailers, or developers to succeed, it is about effectively managing tactics along "the path to purchase" to differentiate and make the shop experience. Gain insights on leveraging technology, being laser -focused on guest needs and occasions, and leveraging tactics with retailers and developers to drive productivity, same store sales, and profit per square foot. INSTRUCTOR Scott Ryan Vice President, National Specialty Retail Coca-Cola North America Group Alb Atlanta, GA • fille Essential Restaurant Fundamentals and Leasing Strategies IA • (Westgate Hotel) Whether in-line, out -parcel, regional mall, lifestyle center or strip/power-located, restaurants are an essential component of the vitality of the shopping center fiber. This course will explain the strategies which every retail real estate professional in asset management, property management, and leasing should know in order to structure a successful restaurant deal. Topics will include: developing a strategic and tactical process that helps property managers make better tenant improvements and ■ Specialty Leasing it Asset Management • Marketing • Retailing o Operations • Public Sector ■ Leasing ? All Audiences ■ Development ICSC Global Aw aS ws. MAri leasing decisions; examining and evaluating restaurant tenant lease terms and profitability statements; establishing key operational and performance tracking metrics; analyzing sales potential relative to occupancy costs; and understanding essential restaurant principles and operational cost percentage. INSTRUCTORS IMike D'Amico Kenneth S. Lamy, CRX Senior Restaurant President Consultant The Lamy Group, Ltd. The Lamy Group, Ltd. Mandeville, LA Mandeville, LA U.S. MAXI Awards Ceremony (Wynn Hotel) Come and celebrate as ICSC recognizes best practices in retail marketing, new media strategies and NOI enhancement programs. Awards will be given to innovative events and programs that add value to shopping centers and companies across the United States. Separate registration required. Register at www.icsc.org/2015MAXI. Stacie Ellis, CMD 2015 U.S. MAXI Co -Chair Sr, Director, Marketing Retail Portfolio Irvine Company Retail Properties Irvine, CA Jessi Fausett, CMD 2015 U.S. MAXI Co -Chair Vice President, Marketing Forest City Commercial Group Cleveland, OH , , ICSC Foundation Gala Dinner �-- (Wynn Hotel) A9un<':an This is the place to be on Sunday night! Year after year the ICSC Foundation Gala is where RECon attendees have fun, meet with industry leaders, host clients at a first-class dinner, and enjoy A -list entertainment. Premier sponsorship opportunities are available and recognized on all event communications plus as a RECon sponsor. Showcase your company as a leader to the 34,000+ RECon attendees and give back to your industry's philanthropic organization. Separate registration fee required. Register at www.icscfoundation.org/gala2015 or with your RECon registration. Business attire. Entertainment OH WHAT A NIGHT: A Tribute to Frankie Valli & The Four Seasons ICSC Foundation Premier Sponsor DAY MAY 17 12 Opening Reception (Encore Beach Club) Deals and networking don't just happen on the show floor, they happen after hours as well! Be sure to stop by this year's Opening Reception taking place poolside at the Encore Beach Club; Las Vegas' premier day club, featuring cabanas and bungalows hosted by RECon sponsors! Mingle with friends and business colleagues while listening to the sounds of one of Las Vegas's renowned DJs! Platinum Sponsors inland American 111 MERIDIAN FA 'RS %f�Trad Area Systems CAPITAL GROUP, LLC ,.,.r +- .�► kE&a iiiaTi T'6Y6T Sys Gold Sponsors BOH LER Bu\Lon Silver Sponsor Oniuy21 MONDAY, MAY 18 - 5 00 pm Registration (LVCC) ._ar-DiDin Design Grcr,o' X10 .1,n - 5 0 pr1 Leasing Mall /Marketplace Mall / SPREE RECon (LVCC) CMD Global Certification Brief ■ (Westgate Hotel) Are you ready to pursue the Certified Marketing Director (CMD) designation but don't know where to begin? Maybe you've already signed up but don't know how to pull it all together. Regardless of where you are in the process, this course is your next step. The CMD exam covers a comprehensive body of knowledge. From customer relationship management, research and analysis, and marketing plan implementation to retailing and sales development, public and community relations, advertising, and media buying; there's a lot of information to review. Assess your knowledge of the content, sort out what is and is not covered on the exam, identify content areas you need to focus on, and discover the value of making CMD your mark of excellence in what you do. SHAPE PROPERTIES INSTRUCTOR IIIAngela Herlth Sweeney, CRX, CMD Chair, CMD Admissions & Governing Committee Vice President - Corporate Marketing & Communications The Peterson Companies — Fairfax, VA ■ Specialty Leasing ■ Asset Management • Marketing • Retailing Operations ■ Public Sector • Leasing • Development ■ All Audiences 1 00 1000 li: 10 30 dnl ■#■ Luxury Retail Consumer Trends - Worldwide and in Your Neighborhood (Westgate Hotel) Factors like a burgeoning middle class in emerging markets and new consumers in mature markets have reportedly generated a more than threefold increase in luxury consumers. Looking ahead, some analysts predict worldwide luxury goods revenues to grow up to 50% faster than global GDP. In this course discover the source of these consumers, explore where they present the strongest opportunities, and learn how luxury brands and shopping centers can capitalize on this potential. INSTRUCTOR Sarah Quinlan SVP and Group Head of Market Insights MasterCard Advisors New York, NY 11 00 dm 1 Capital Markets # (Westgate Hotel) Attend this panel and hear these highly experienced and high-powered panelis advice regarding topics such as lending outlooks for 2015 — 2016, best lending and sub -sectors) and what to avoid, and if retail real estate lending is the place be the matrix for a successful "ask," including equity requirements; preleasing favored tenants; and surprises on the horizon (underwriting standards, interest development, etc.). This session will cover all this and more! MODERATOR Kieran Quinn ICSC Past Trustee Managing Director Guggenheim Commercial Real Estate Finance, LLC Atlanta, GA ■ ■ PANELISTS Simon Breedon Managing Director First Key Lending New York, NY Ken McIntyre ICSC Trustee Senior Vice President Hudson City Savings Bank Paramus, NJ Frederick Van Overbeek Christine Zarndt Principal Senior Vice President Prudential Mortgage Capital Draper and Kramer San Francisco, CA Chicago, IL is give insights and opportunities (sectors to be. Also covered will minimums; preferred/ rates, demand for new Roddy O'Neal Director Goldman Sachs Commercial Mortgage Capital Irving, TX Successful Strategies to Attract and Retain Downtown Retailers (Westgate Hotel) This panel will focus on how to attract retailers to your downtown. These industry experts, comprised of public sector representatives and retailers, discuss ways downtowns of all sizes can attract and retain successful retailers. Attend this panel to identify the retailers that need to be attracted to a location; how to attract them; once attracted, how to expedite the process to an executed lease; and, thereafter, to help them grow, prosper and expand. MODERATOR 111 Thomas G. Bolen III Consulting Associate Crossman & Company Orlando, FL www.icscrecon.org #RECon15 1: ECSC MO N DAY, MAY 1 Strat 14 PANELISTS le Kim Ellis ICSC Trustee Consultant Minneapolis, MN Robert Stark t • President & CEO Stark Enterprises Cleveland, OH 1c , t:tract and Retain Do'"+'a;ntown Retailers CDP Global Certification Brief Bill Fulton Director Kinder Institute for Urban Research Houston, TX Nancy Whitworth Director of Economic Development City of Greenville Greenville, SC Carl L. Goertemoeller ICSC Trustee Senior Vice President of Real Estate Macy's, Inc. Cincinnati, OH (Westgate Hotel) Are you ready to pursue the Certified Development, Design and Construction (CDP) designation but don't know where to begin? Maybe you've already signed up but don't know how to pull it all together. Regardless of where you are in the process, this course is your next step. The CDP exam covers a comprehensive body of knowledge. From site selection, acquisition, design, and construction management to project scheduling and phasing, tenant coordination, cost management, sustainability regulatory codes and safety; there's a lot of information to review. Assess your knowledge of the conte sort out what is and is not covered on the exam, identify content areas you need to focus on, and discover the value of making CDP your mark of excellence in what you do. INSTRUCTOR Stephen E. Gallant, CRX, CDP Chair, CDP Admissions & Governing Committee Sr. Project Manager - Special Projects Skye Group Hampstead, MD l 15 : Blockbuster Session — CEO Retail Power Panel 111 In conjunction with CREW (Westgate Hotel) This panel of high-powered, female, C -Suite executives will share their views, perspectives, and vision: on all things retail and all things real estate. MODERATOR • Kristin Mueller, CRX, CSM Executive Vice President/COO J LL Atlanta, GA PANELISTS Collete English Dixon Principal, Transactions Prudential Real Estate Investors Chicago, IL IILyn Kirby Jodie McLean Chairman & CEO President & Chief Beauty Brands, Inc. Investment Officer Kansas City, MO • EDENS Columbia, SC Lunch and Keynote Presentation (Westgate Hotel) r Specialty Leasing 10Asset Management • Marketing • Retailing Operations • Public Sector • Leasing IN All Audiences ■ Development Blockbuster Session i (Westgate Hotel) Commander Rorke T. Denver, awarded the Bronze Star with "V" for valorous action in combat, has run every phase of training for the U.S. Navy SEALs and led special -forces missions in the Middle East, Africa, Latin America and other international hot spots. Denver starred in the hit film Act of Valor, based on true SEAL adventures. His New York Times Bestseller, Damn Few: Making the Modern SEAL Warrior, takes you inside his personal story and the fascinating, demanding SEAL training program he oversaw. Join us for this exciting story and how Commander Denver relates his training to leadership and everyday business life. SPEAKER Commander Rorke T. Denver Former U.S_ Navy SEAL Bestselling Author Cities of the World Reception (LVCC – Central Hall) CRX Global Certification Brief ■ ■ (Westgate Hotel) Are you ready to pursue the Certified Retail Property Executive (CRX) designation but don't know where to begin? Maybe you've already signed up but don't know how to pull it all together. Regardless of where you are in the process, this course is your next step. The CRX exam covers a comprehensive body of knowledge. From property management, leasing, development and marketing to financing, portfolio management, organizational leadership, appraisal and valuation; there's a lot of information to review. Assess your knowledge of the content, sort out what is and is not covered on the exam, identify content areas you need to focus on, and discover the value of making CRX your mark of excellence in what you do. INSTRUCTOR Gordon T. Greeby, Jr., CRX, CDP ICSC Past Trustee Chair, CRX Admissions & Governing Committee President The Greeby Companies, Inc. Lake Bluff, IL New Rules for Consumer Engagement in the SoLoMo Revolution ■ (Westgate Hotel) Today, marketing happens in real time and with or without your marketing department's involvement through a new global network—the consumers' network. The key principal of Coca-Cola Company's framework for consumer engagement is that it is no longer about the placement of messages, but about the movement of stories simultaneously across multiple screens. Explore numerous examples of how Coca-Cola is leveraging today's digital landscape to engage in storytelling and inspire consumers. Learn how savvy marketers can inspire consumers to do their marketing for them and discover the importance of innovation in content and delivery. INSTRUCTOR Scott Ryan Vice President, National Specialty Retail f Coca-Cola North America Group Aa Atlanta, GA ..d www.icscrecon.org #RECon1 5 i 4 MONDAY, MAY 18 lcsc 16 New Priorities in Asset Management (Westgate Hotel) With a significant reduction of projects in the development pipeline, retail property professionals mus now look to extract maximum value from existing assets, Gain "hands-on" insights into a wide variety practical issues and solutions facing asset managers in the retail world, all with the goal of influencing the bottom line and adding value. You will explore strategic and operational planning; budgeting, forecasting, and cost control; return analysis and financial modeling; hold/sell analysis; industry and market trends; center merchandising strategy and development; understanding ownership's goals an( perspectives on the investment; and more! INSTRUCTOR Christopher W. Roscoe, CRX, CSM Director, Retail Sector Head Clarion Partners Los Angeles, CA Broker-ology: Retail Broker Best Practices is (Westgate Hotel) Attend this panel of experienced and successful brokers to improve your business. Learn the proven principles of effective brokerage to attract and retain prospects, enhance your client relationships, moi effectively reach final agreement, facilitate more efficient resolution of the issues needed to be agreed upon, then close the deal and get paid with a smile and a thank you. This group, comprised of some of the best brokers in the nation, will delve into ways the leaders in leasing, tenant rep, and investment sales separate themselves and get to the top of our industry by answering the proven techniques and approaches to: signing the client; speeding the deal; facilitating the closing; earning and receiving the commission. MODERATOR 1oJason Richter, CRX, CLS Principal Capricorn Asset Management New York, NY PANELISTS David Lapierre Andy Misiaveg Executive Vice President Partner CBRE The Shopping Center Group New York, NY Charlotte, NC Jeff Roseman Executive Vice President and Principal Newmark Grubb Knight Frank New York, NY 1 Annual Meeting of Members (LVCC) Mark Thompson Managing Director Crossman & Company Ai Orlando, FL Fortune Tellers Reception and Researcher Award Ceremony IN (Wynn Hotel) Open to all with an interest in industry research. Joanne Podell Vice Chairman, Retail Brokerage Cushman & Wakefield New York, NY ■ Specialty Leasing ■ Marketing Operations ■ Leasing if All Audiences 4R Asset Management ■ Retailing • Public Sector ■ Development Diversity Reception (Wynn Hotel) Join the conversation at the annual Diversity Reception. This celebration of professionals and students from groups that are traditionally underrepresented in retail real estate attracts national developers, title companies, retailers, law firms, and real estate investors, all who want to see a more inclusive industry environment. This year we will celebrate a new accomplishment by announcing the first Retail Real Estate Diversity Scholarship and Love Scholarship for Diversity recipients. You can support the ICSC Foundation's efforts by making a tax deductible donation towards Diversity Initiatives Scholarship Fund at www.icscfoundation.org/donate. Separate registration required. Register at www.icsc.org/2015DR. SPREE RECon Cocktail Reception (Wynn Hotel) Join specialty retail industry colleagues for a fun evening of networking, a brief Hall of Fame Awards presentation and dancing. 0o - 11 00 pry Latin American Reception By invitation only (Wynn Hotel) TUESDAY, MAY 19 3 30 d! 03 )r f Registration (LVCC) .30 dpi ' Meet the Trustees Breakfast (Westgate Hotel) This is your opportunity to meet and discuss key industry issues with ICSC's Board of Trustees in an interactive, roundtable setting. This breakfast is open to full access registration attendees only, See page 24 for a list of Trustees and topics. Separate registration required. Register at www.icsc.org/2015TBR. Leasing Mall /Marketplace Mall / SPREE RECon (LVCC) CSM Global Certification Brief (Westgate Hotel) Are you ready to pursue the Certified Shopping Center Manager (CSM) designation but don't know where to begin? Maybe you've already signed up but don't know how to pull it all together. Regardless of where you are in the process, this course is your next step. The CSM exam covers a comprehensive body of knowledge. From asset management, operations, maintenance, lease negotiations, and contract administration to retailing, merchandising, marketing, community relations, financing, risk management, security, human resources and law; there's a lot of information to review. Assess your knowledge of the www.icscrecon.o(3 RE(On1 5 17 1 o(S( TUESDAY, MAY 19 9 00 _ 0 JI_,_ I CSm Globdi content, sort out what is and is not covered on the exam, identify content areas you need to focus on, and discover the value of making CSM your mark of excellence in what you do. INSTRUCTOR Janell K. Vaughan, CRX, CMD, CSM VP, Asset Management - Northeast General Growth Properties, Inc. Wayne, NJ The Economics of a Lease: Developer and Retailer Perspectives sit■ ■ (Westgate Hotel) Economics are the heart of any lease transaction. Whether landlord or tenant, you'll learn the strategies and tactics of negotiating monetary provisions, including minimum and percentage rent clauses, security deposits, operating costs, real estate taxes, and merchants/marketing fund payments. You will be led through an analysis of the key elements of each of the lease provisions such as base rent, percentage rent, operating costs, real estate taxes, etc. INSTRUCTOR Oscar R. Rivera, ESQ. Chairman of the Real Property Practice Group Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A. Fort Lauderdale, FL Envision 2020 Town Hall Meeting ai (Westgate Hotel) The retailing and shopping center sector is experiencing one of the most profound and thorough En 20 transformations in its 60 -year history. "Envision 2020" is a new BOT -level transformational change initiative, which will provide the knowledge base and resources necessary to define the industry changes to come. Envision 2020 represents a unique collaboration of industry leaders, trend experts, academic authorities, and ICSC's global membership to identify a "way forward" for the retail real estate industry. This session will feature a pan& of industry leaders and academic authorities who will present the key Envision 2020 findings on the future of our industry. There will be an extended Q&A session and an opportunity to experience the exciting dynamic of the Envision 2020 initiative. Advanced Leasing Techniques - Enhancing Your Shopping Center (Westgate Hotel) Whether you are a rank beginner, mid-level novice, or seasoned veteran, this session will offer you an inside look into how the art of leasing shopping centers continues to evolve, as well as the emerging trends surrounding those changes. The expert leasing professionals presenting at this session will discuss the ins and outs of leasing on a macro and micro level. In addition they will address the following "How to's:" How to grow and advance your career as a leasing professional; How to attract national retailers to your projects; How to lease the last difficult space in an existing shopping center; and How to assemble and manage a productive leasing team. MODERATOR Andre Koleszar A ; Vice President •i' Regency Centers 1w Atlanta, GA PANELISTS Beth Azor President Azor Advisory Services, Inc. 1 Davie, FL ■ Specialty Leasing fit Asset Management • Marketing • Retailing Anthony F. Buono, CSM Executive Managing Director, Retail Services CBRE San Diego, CA Operations • Public Sector • Leasing • Development III All Audiences CLS Global Certification Brief M (Westgate Hotel) Are you ready to pursue the Certified Leasing Specialist (CLS) designation but don't know where to begin? Maybe you've already signed up but don't know how to pull it all together. Regardless of where you are in the process, this course is your next step. The CLS exam covers a comprehensive body of knowledge. From leasing negotiation, licenses, contract administration, and specialty leasing to trade area analysis, merchandise mix, tenant prospecting, financing and retailing, there's a lot of information to review. Assess your knowledge of the content, sort out what is and is not covered on the exam, identify content areas you need to focus on, and discover the value making CLS your mark of excellence in what you do. INSTRUCTOR Holly Rome, CRX, CLS Chair, CLS Admissions & Governing Committee Vice President Leasing Foot Locker Inc. Saint Paul, MN Getting Compensation and Benefits Right in Today's Evolving Marketplace ■ (Westgate Hotel) Organizations of every type strain to ensure their "people processes" keep pace with a changing business landscape. With unemployment rates continuing to decline in the U.S. and competition for talent heating up worldwide, effective compensation systems are imperative to ensure that your organization can attract, motivate, and retain its employees. In this course, managers and executives take a deeper look at the trends impacting the industry and examine compensation and benefits from both the employer's and employee's perspective, You will learn how compensation has changed over the years and what expectations are going forward, explore how to create a program that can withstand market cycles, engage and retain top talent, and discover how compensation is perceived and its role across a multigenerational workforce. INSTRUCTOR Jeremy I. Banoff Senior Managing Director FPL Associates L.P. New York, NY Blockbuster Session - What Happens in Vegas, Stays on YouTube (Westgate Hotel) Called a Digital Dale Carnegie, Erik Qualman is the author of Socialnomics, a #1 bestselling book and a finalist for the "Book of the Year." His book Digital Leader helped him be voted the 2nd "Most Likeable Author in the World" behind Harry Potter author J.K. Rowling. What Happens in Vegas Stays on YouTube is his 2014 release, and it is already being adopted by the top universities and global brands. Mr. Qualman is listed as a Top 50 MBA Professor and is no stranger to the executive suite, having served as the Head of Marketing at Travelzoo (TZOO); today he sits on several company boards. Yet, he may be best known for writing and producing the world's most watched social media video. Fast Company lists Professor Qualman as a Top 100 Digital Influencer, and he made Forbes Top 50 Power Influencers list. SPEAKER Erik Qualman Bestselling Author, Professor, Entrepreneur www.icscrecon.org #RECon15 '19 l(S( TU rS 3AY MAY 19 icsc ; Hi I Lunch and Keynote Presentation ■ (Westgate Hotel) Michael Francis, the Chief Global Brand Officer for DreamWorks Animation SKG, is responsible for global brand strategy, location -based entertainment, digital, publishing and franchise development. His prior experience includes decades in the retail industry, serving as President of J.C. Penney and spending more than 26 years with the Target Corporation in various positions, such as Global Chief Marketing Officer and overseeing the Target Foundation. Advertising Age named Francis one ofthe global dd'Sto top marketers, and Business Week and Fast Company have listed him as one of the top SPEAKER Michael R. Francis Chief Global Brand Officer la, DreamWorks Animation SKG Glendale, CA j,:, p , The Continuing Conversation in Social Media ■ (Westgate Hotel) While we all understand that the conversations and exchange of ideas in social media continue to shape the success of shopping centers, it continues to evolve year after year. With over 1 billion people actively using Facebook alone, the recurring question often getting asked is, "How can I harness this media to help my shopping center and our retailers'?" This session will feature experts who will share how they are using Facebook, Twitter, Linkedln, and other social media to market their properties, enhance their networks, and grow awareness of their projects. What's more, you will learn not only what's happening now, but where the conversation is going and how YOU can be a part of it. MODERATOR Alan McKeon President & CEO Alexander Babbage Atlanta, GA 1 20 PANELISTS Sarah Alter Chief Marketing Officer General Growth Properties Chicago, IL Liz Gillespie, CMD Partner, Vice President of Marketing North American Properties Atlanta, GA The Mall of the Future (Westgate Hotel) While nearly 60 years have elapsed since the first enclosed shopping mall opened in the United States, the evolution of technology continues to transform the enclosed mall as it alters other retail shopping venues around the world. Attend this session to learn about the cutting edge advancements in shopping center development, technology, and omni -channel retailing. More importantly, learn how social media and online are being used to change our retail shopping destinations and the retailers of the future as the consumer enhances its shopping intelligence, power, and control. MODERATOR Michael Puline, CLS Sr. Vice President - Leasing DLC Management Corporation Atlanta, GA • MarketingOperations ■ Leasing 1 All Audiences ■ Asset Specialty Managementg ■ Public Sector ■ Development ■ Asset ▪ Retailing PANELISTS Laura DeSwart, CRX, CSM, CLS Vice President, Leasing and Asset Management Walmart Asia Realty Shanghai City, China 11 Tom Gong Chief Executive Officer AllDragon International Beijing City, China Management Strategies to Thrive in a New Era of Retailing In conjunction with IREM (Westgate Hotel) Succeeding in the current, ever-changing, retail environment calls for deftly navigating seemingly endless twists and turns and abandoning near and dear business practices that have become obsolete. It also calls for developing bold strategies that address "a new world order" generated by massive demographic shifts. Discuss the impact of these critical considerations for marketing to shoppers, optimizing tenant mix and synergies, marketing to retailers, the impact of merging retailers on landlords and managers, leasing and operating street retail properties, and adaptive reuse for non -retailer users. Learn how they're playing out in the current environment and, most importantly, their implications for the future. INSTRUCTORS Yvonne Jones, CPM, CCIM Managing Director, Asset and Property Management McCaffery Interests Chicago, IL Richard Muhlebach, CRX, CSM, CRE, CPM, RPA President Richard Muhlebach LLC Woodinville, WA Optimizing Tenant Mix for Downtown Business Districts • ■ (Westgate Hotel) As neither property owners nor brokers, public and non-profit officials who seek to improve downtown districts face a significant challenge in the effort to manage optimal tenant mix. Yet, the mix of goods and services is one of the most significant drivers of customer visitation. In this course you will learn to use a proactive approach to managing tenant mix by positioning city and/or downtown organizations to support, rather than replace, the efforts of the commercial real estate industry. Gain practical tips and tools to successfully attract your desired retailers. District practitioners and property owners alike will learn strategies for working closely with the real estate community to influence and enhance tenant mix for the benefit of the entire downtown business district. INSTRUCTOR Larisa Ortiz Retail Consultant Larisa Ortiz Associates Jackson Heights, NY ► �I��.; Quantum Leap Deal Making in the 21st Century Using Current Technologies ■ ■ (Westgate Hotel) In recent years, online, mobile, and cloud technology have seemingly changed almost everything. Deal making is no exception. In the old days, the technology retail real estate deal makers used for finding, assessing, vetting, processing, and tracking deals was paper, then email and pdfs (basically email -able paper), then web -based systems—which provided via, online format or mobile access, the information previously supplied on paper or email. But a number of retailers and retail real estate companies have found the quantum leap, using online and mobile technology to put the power of a system in the hands of the deal makers, allowing them access to all of this information, as well as the ability to share market knowledge, collaborate around retail deals, and access high-powered analytics. The result is deal makers making better, faster decisions, drastically increasing, sometimes tripling, productivity by using technology to take their existing processes, honed over decades, and making them faster and easier to execute. www.icscrecon.org #RECon1 5 21 • II 4 TUESDAY, MAY 19 'CSC 4 00 - 5 00 pm ; Quantum Leap: Deal taking in the 21st Century Using Current Technologies (continued) MODERATOR Joe Rando President & CEO Trade Area Systems Attleboro, MA PANELISTS Dale Johnston Senior Vice President, Chief Information Officer Regency Centers Jacksonville, FL Wednesday, May 20 7:00 a.m -- 2 00 pm (LVCC) Brian Strickland Director - Market Analytics and Systems Sterling Jewelers Fort Mill, SC itr, Robert Marcello rr Senior Vice President of Real Estate 11 CVS Health Lincoln, RI iii Thomas Taddeo Senior Vice President, Chief Information Officer Kimco Realty New Hyde Park, NY 8 00 am - 2 00 pm ' Leasing Mall / Marketplace Mall / SPREE RECon (LVCC) Program information current as of February 3, 2015. Jerry Rossi Senior Executive Vice President & Group President The TJX Companies Boston, MA The app that enables you to access all of ICSC's events, and connect with attendees anytime - anywhere - at your convenience. Puts the power of ICSC events and networking in the palm of your hand. New for 2015 RECon, ICSC's newest app feature gives attendees the ability to navigate from point A to point B in the Las Vegas Convention Center halls. An arrow will point you from one appointment to the next so you won't be late. Download the app today so you gain instant access to over 68,000 ICSC member contacts, and have networking capabilities 365 days a year! 4 walmartrealty.om xirnn -: Features include: • Member and Attendee look up • Way -finding navigation (RECon 2015) ■ Event search • Event details page • Exhibitor listing & search ■ Event floor plan (limited events) a Social feeds • Sponsorship on all pages • Improved the My ICSC section • Improved search functionality • Ability to provide app feedback • Create Meetups at ICSC events 0! MEET THE TRUSTEES BREAKFAST '41rwica Tuesday, May 19 7 O!,) - 8 30 and Westgate Hotel This is your opportunity to meet and discuss key industry issues with ICSC's Board of Trustees in an interactive, roundtable setting. This breakfast is open to full access attendees. Separate registration is required. Register at www.icsc.org/2015TBR. The Future of Mega Shopping Mall Development in the Middle East vs, Big Events in the Middle East Region (EXPO 2020 & FIFA World Cup 2022) Mohammed Iqbal B.H. Alawi CEO Red Sea Markets Company Limited Investing Globally Peter Ballon Managing Director, Head of Real Estate Investments - Americas Canada Pension Plan Investment Board Integrated Development: Retail's Role Andrew Brien Executive Director/CEO Suria I<LCC Future Trends in Latin American Real Estate Eduardo Bross Chairman Planigrupo LatAM Urban Retail and Mixed -Use Development John Bucksbaum, CRX, CSM CEO Bucksbaum Retail Properties, LLC Proactive Leasing Strategies in a Supply Constrained Environment Michael Carroll CEO Brixmor Property Group Redeveloping, Repositioning and Remerchandising 2nd Tier Malls Joseph F. Coradino CEO PREIT 24 The Next Evolution of the Mall Anchor From a Retailer's Perspective Vince Corno, CRX Sr, VF' Real Estate Dick's Sporting Goods Ask an Anchor Store (Both Shopping Center and Power Center) Real Estate Person About Their Decision Making Process John Dotson Vice President, Real Estate Nordstrom, Inc, Open Air Centers - The Future of this Category Norris R. Eber, CRX, CSM, CLS President/CIO Abbell Associates Real Estate Capital Markets - Current Forecast Thomas M. Flexner Global Head of Real Estate Citigroup What Really Happens at a Retailer Real Estate Committee? Seth Geldzahler Vice President - Real Estate Bed Bath & Beyond, Inc. Your Future Starts Now With ICSC's Help! Gordon T. Greeby, Jr., CRX, CDP President The Greeby Companies, Inc. Reinventing B Malls That Are Old and Tired Gar Herring, CRX, CDP President & CEO The MGHerring Company Re -developing Existing Shopping Centers to Guarantee Future Success Elizabeth Holland CEO Abbell Associates Working With Chinese Investors (Both EB5 and Non - Immigration Capital) to Find Real Estate Opportunities in the U.S. Stephen C. Hopkins Managing Partner Kirin Hopkins International How to Find Equity to Acquire, Improve or Recapitalize a Shopping Center Brad Hutensky Principal Hutensky Capital Partners Merchandising a Center, from a Retailer's Perspective Elise Jaffe, CRX Senior Vice President dressbarn Understanding the Retailer's Real Estate Committee James Lampassi Vice President, Real Estate & Construction Petco Animal Supplies, Inc. Lessons Learned During 39 Years of Nordstrom Projects David Lindsey, FAIA Principal David Lindsey & Associates Leasing Sandeep Mathrani CEO General Growth Properties, Inc. Serving Urban Markets with Small Format Stores Scott Nelson, CRX SVP Target Properties Target Corporation Lessons from 40 Years of Development Bruce D. Pomeroy, CRX, CDP President Evergreen Devco, Inc. Investing in Retail Properties - A Guide to Structuring Partnerships Gary Rappaport, CRX, CMD, CSM, CLS, CDP CEO Rappaport Business Relationships - Develop, Build, Maintain Beverly A. Ricks, CRX, CSM, CLS Principal Retail Property Solutions Investing in Shopping Centers Glenn Rufrano CEO O'Connor Capital Partners Eat, Drink and See a Movie! The Latest in Movie Theatre Concepts and Locations Charles Stilley President & CEO Stilley Partners, LLC European Retail Markets John Strachan Global Head of Retail Cushman & Wakefield, Inc. What I Know Now But Didn't Know Then Ian Thomas, CRX, CDP Chairman Thomas Consultants, Inc. Building the Best Company - How to Do It, How to Hire, Corporate Culture, Etc, Herbert Weitzman, CRX, CSM Chairman/CEO The Weitzman Group/Cencor Realty Services European Tenants in the U.S. Marcus Wild CEO SES Spar European Shopping Centers Doing Business in China David Zoba SVP, Global Real Estate Gap Inc. Item No. 36 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: June 23, 2015 SUBJECT: Community Development Department Monthly Report PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Receive and file. The following are the highlights for the Community Development Department for the month of May 2015. CURRENT PLANNING ACTIVITIES New Cases: In May 2015, Planning received 33 new applications and conducted one public hearing. A detailed account of current planning activities is attached to this report. Audi Dealership: On February 18, 2015, staff received a pre- application for a 37,000 square foot Audi dealership to be located on Temecula Center Drive, adjacent to 1-15 and south of the existing Mercedes-Benz of Temecula dealership. A community meeting was held with the Harveston community on March 25, 2015 to discuss the plans for the dealership. Approximately 20 Harveston residents attended the meeting and were all positive about the addition of the Audi dealership to the community. Staff received a Development Plan application in April 2015. A Supplemental EIR is being prepared for the project and is anticipated to go out to the public in July 2015. A public hearing before the Planning Commission is anticipated in October 2015. (FISK) Altair Specific Plan: On November 12, 2013, City Council approved an Entitlement Processing Agreement with Ambient Communities (Developer) to process extensive land use entitlements for the 270 acre property located west of Old Town including General Plan Amendment, Specific Plan, Subdivision Maps, Development Agreement, and Environmental Impact Report (EIR). Ambient Communities is proposing a mixed-use development comprised of residential single-family and multi -family units, as well as retail/commercial, open space, and institutional uses. Staff is currently reviewing a Multiple Species Habitat Conservation Plan (MSHCP) Consistency Report and has prepared an Initial Study. The City entered into an agreement with Environmental Science Associates in July 2014 to prepare an Environmental Impact Report (EIR). An EIR Scoping Meeting was held on December 3' 2014. Staff issued an RFP for a fiscal impact analysis for the proposed development in March 2015, and entered into an agreement with Keyser Marston Associates in April. (PETERS) Temecula Valley Hospital: City Council approved the Temecula Valley Hospital project on January 22, 2008. A Certificate of Occupancy for the Phase I hospital bed tower was received from the Office of Statewide Health Planning and Development (OSHPD) on July 19, 2013. United Health Services obtained State licensing to open the hospital for patients on October 14, 2013. On May 31, 2013, staff received a Major Modification application to modify the site plan and heliport Conditional Use Permit to relocate the heliport from an area near the northeast corner of the hospital building. UHS indicated that the heliport needs to be relocated based on concerns from the FAA and the aeronautical division of Caltrans. UHS proposed two phases of movement for the heliport: Phase I would place the heliport to the west of the hospital building, in one of the parking lot areas. Phase 11 would place the heliport on the roof of the second hospital tower. In both cases, the proposed locations result in a change to the flight path that move it away from the Madera Vista residential project and changes the path to either head directly into or away from the prevailing wind direction (rather than perpendicular to the prevailing winds), as directed by the FAA and Caltrans. A Supplemental EIR (SEIR) was prepared by Environmental Science Associates (ESA). In July 2014, the applicant indicated intentions to add a 5,000 square foot facilities maintenance building to the hospital site. Staff has provided information regarding this new building to ESA for analysis in the SEIR, and the 45 -day public review was from November 12, 2014 through December 29, 2014. The project was reviewed at the April 15, 2015 Planning Commission hearing and received a 4-0 vote (Guerriero absent) recommending approval. Staff is currently working with the applicant's consultant and ESA to respond to comments received from the community at the Planning Commission hearing and to prepare additional graphics for use at the City Council hearing, which staff anticipates scheduling in July 2015. (FISK) Roripaugh Ranch Specific Plan: In 2013, the Planning Commission approved KB Homes, Standard Pacific, and Van Daele Developments' applications for Home Product Reviews in the Roripaugh Specific Plan Area. KB Home plans to construct 98 single-family homes. Standard Pacific plans to build 200 single-family homes under the names Montego and Cambridge. Van Daele Development will construct 113 single-family homes, 56 marketed as Verona, and 57 as Sorrento. The three builders will construct 411 homes in four of five available planning areas in the area commonly referred to the "panhandle." Three hundred and four (304) residential permits have been issued to date. (PETERS) Roripaugh Ranch Development Agreement Amendment: In March 2014, Roripaugh Valley Restoration (RVR) applied for an amendment to the Roripaugh Ranch Development Agreement to modify the timing of infrastructure improvements and building permit thresholds for "pan" area the Specific Plan. Staff has been working with RVR to refine the deal points of the Development Agreement Amendment (DAA). RVR has been working with the second owner in the "pan" area of the Specific Plan, Wingsweep, to come to agreement on improvement cost sharing, and those negotiations are ongoing. RVR and Wingsweep previously agreed to meeting with an arbitrator to assist in resolving their differences; however Wingsweep later elected to continue discussions with RVR. It is possible RVR and Wingsweep could conclude their discussions in July 2015, the applicant could present their proposed DAA changes to the Nicholas Valley community in August, the DAA could be brought before the Planning Commission in September and before the City Council in October 2015. (FISK) LONG RANGE PLANNING Hike Bike Temecula (Multi -Use Trails and Bikeways Master Plan Update): On May 14, 2013, City Council awarded a contract to KTU+A to update the City's Multi -Use Trails and Bikeways Master Plan. A community workshop was held on October 26, 2013, and attendees provided feedback on bike lanes, sidewalks, trails, hiking paths, and equestrian connections. Community input was also collected through a survey via the project website www.hikebiketemecula.orq. A Steering Committee meeting was held on February 25, 2014 at the Merc Theater, with over 30 participants in attendance. The focus of the meeting was to summarize the survey results and to get feedback on proposed improvements in Old Town. The Old Town improvements include sharrows (shared bike lane markings) on Old Town Front Street, Bicycle Friendly Community signs, and strategically placed bike racks. On March 25, 2014, City Council approved an amendment to the contract that included Phase II of the Master Plan Update and additional sidewalk analysis. Phase I concluded with a community walk -ride event on May 10, 2014, highlighting priority locations for future trails and bike lanes based on the community's feedback. Phase 11 is under way. A public workshop is planned for summer 2015. Staff participated in Bike to Work Day on May 14th and has a Ribbon Cutting for the Interim Murrieta Creek Regional Plan planned on June 6th.(PETERS) Uptown Jefferson Specific Plan: The Uptown Jefferson Specific Plan Area encompasses approximately 560 acres and is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. Staff has held eight Ad Hoc Subcommittee Meetings to develop policies, and obtain direction on the content of the Specific Plan. Between October 2011 and July 2013, staff held six visioning workshops. These workshops solicited feedback from the public and key stakeholders about the future vision of the Specific Plan area. Eight recommendations emerged from the public visioning process: 1) strengthen economic development, 2) expand the mix of uses, 3) define districts and neighborhoods, 4) improve transportation, mobility, connectivity and circulation, 5) integrate recreation, open space and trails, 6) create updated and flexible development standards, 7) build and maintain a comprehensive utility infrastructure network and 8) establish a district identity. On June 13, 2013, staff held a Developer Focus Group to determine the future economic feasibility of the Specific Plan based upon anticipated market conditions, economic demands, demographic trends, and available financing. From July 2013 through December 2013, staff held six public Uptown Jefferson Specific Plan Steering Committee Meetings with members of the public. Two commissioners from each of the City's commissions (Planning, Community Services, and Public/Traffic Safety Commissions) serve on the Committee. Staff presented form -based code principles and drafts of the district map, land use matrix, street cross sections, streetscape beatification plan, circulation network, future block standards, urban parking standards, design guidelines, plan administration, sign standards, adaptive reuse standards, plan financing, and the anticipated 20 -year build out scenario. The project website, www.envisioniefferson.orq, continues to provide project information and updates to the public. The draft Specific Plan is based upon the eight visioning recommendations, plan framework, and the concepts presented at the six public Steering Committee meetings. The draft Specific Plan is now available for the public to review and may be downloaded from the Envision Jefferson website at envisioniefferson.orq or at cityoftemecula.orq, The Specific Plan adoption and certification of the EIR is anticipated in summer 2015. (WEST, WATSON) Uptown Jefferson Specific Plan Program Environmental Impact Report (EIR): An EIR Scoping meeting was held in June 2013, providing interested parties an opportunity to submit comments related to the scope of the EIR. As a courtesy, all property owners and businesses within the Specific Plan area were mailed notices for this meeting. The draft EIR is now complete and has been circulated for public comment. The public comment period is from May 19, 2015 to July 6, 2015. The Draft EIR is available for public review on the Envision Jefferson website at envisioniefferson.orq and cityoftemecula.orq. Certification of the Final EIR is anticipated in summer 2015 along with the adoption of the Specific Plan. (WEST, WATSON) SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY Town Square Marketplace: On January 13, 2015, City Council entered into an Exclusive Negotiating Agreement (ENA) with Truax Development (Truax) in order to negotiate the disposition and development of the two, currently Successor Agency owned, vacant lots in front of the Civic Center, flanking the Town Square Park on the north and south sides of Main Street. The term of the ENA is through April 15, 2015. While both Truax Development and the City have been negotiating in good faith, the complexities of the project require that the ENA be extended to allow for additional work to be completed. Upon agreeing to terms, the City and Truax envision drafting a disposition and development agreement that will be brought back before the Council for approval. (WATSON) Recognized Obligation Payment Schedule: As part of the ongoing wind -down of the former Temecula Redevelopment Agency, the Successor Agency (SARDA) is required to complete, bi- annually a Recognized Obligation Payment Schedule (ROPS) outlining the financial and debt obligations of the former Redevelopment Agency. Based on the outstanding obligations that are due in the six month period being reviewed, the SARDA makes requests for from the Property Tax Trust Fund in order to make the appropriate payments. On February 24, 2015 the SARDA board approved the ROPS for the period of July 1, 2015 through December 31, 2015 (ROPS 15-16A). On February 25, 2015 the Oversight Board of the Successor Agency to the Temecula Redevelopment Agency approved the ROPS 15-16A. On March 2, 2015, the Oversight Board resolution approving ROPS 15-16A was delivered to the California State Department of Finance, the California State Controller, and the Riverside County Auditor Controller per the requirements of the redevelopment dissolution legislation. (WATSON) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) & HOUSING Community Development Block Grant (CDBG): The City received the annual CDBG allocation letter from HUD on February 18, 2015. The total Fiscal Year 2015-16 CDBG grant allocation for Temecula is $540,214. Prior to receiving the formal annual allocation letter, staff presented the draft funding priorities to the Finance Subcommittee, consisting of Councilmember Naggar, on January 27, 2015. The FY 2015-16 CDBG funding recommendations from the Finance Subcommittee, including the redirect of $160,561 of unused funds from previous fiscal years, will be noticed for a 30 -day public review period in March, and scheduled for public hearing before the City Council on April 14, 2015. The recommendations, totaling $700,775, were adjusted to reflect a $3,856 reduction in the City's actual FY 2015-16 funding allocation. The FY 2015-16 Annual Action Plan, inclusive of a Substantial Amendment to redirect the unused funds from FY 2012-13 and FY 2013- 14, was submitted to HUD on May 15, 2015. (LARSEN) Affordable Housing Overlay and Density Bonus Ordinance: The City Council adopted the 2014- 2021 General Plan Housing Element Update on January 28, 2014, and the City received certification from the State Department of Housing and Community Development (HCD) on March 10, 2014. A project processing schedule has been prepared for the Affordable Housing Overlay and Density Bonus Ordinances as required by Programs 1 and 4 of the Housing Element. The Code Amendment will also encompass land use updates as required by Program 3. The project is in the initial planning phase. Staff is currently conducting research and anticipates completing the ordinances for adoption in late 2015. (LARSEN) ENERGY & CONSERVATION Temecula Energy Efficiency Management (TEEM) Fund: The TEEM Fund is a self-sustaining fund that utilizes rebate incentives while also re -directing annual utility cost savings from energy efficiency projects into the fund. City Council established the fund in June 2013, with an initial deposit of $119,728.90 in SCE and SCG rebates. Staff is working with Public Financial Management, funded through the Western Riverside Energy Partnership, to develop an policy manual for the TEEM Fund, focusing on policies and methodologies for determining the amount of utility savings to be deposited into the fund after projects are completed. (WEST) Western Riverside Energy Leadership Partnership: This Partnership, consisting of eleven Western Riverside Council of Government (WRCOG) member cities, Southern California Edison (SCE), and Southern California Gas (SCG), provides incentives for participants to develop energy efficiency programs. Temecula was the first City in the Partnership to achieve Gold Level status by completing 13 energy efficiency projects in FY 2012-13, resulting in nearly $100,000 of annual utility cost savings. In FY 2013-14, the City has upgraded the Community Recreation Center parking lot lights with new LED lighting fixtures. This resulted in 9,155 kWh saved and an additional $2,280 in annual savings. Staff recently completed a comprehensive energy audit of the Temecula Library with assistance from the Partnership. The audit identified 9 energy efficiency measures which could save an estimated 107,429 kWh annually, which also equates to an estimated annual cost savings to the City of $17,278. If all efficiency measures are implemented, the City would receive approximately $20,952 in rebate incentives from SCE and SCG. Implementing these measures would allow the City to achieve Platinum Level in the Partnership kWh savings requirements, giving the City higher rebate incentives for future energy efficiency measures. (WEST) Energy Action Plans (EAP): The final draft Municipal and Community Energy Action Plans have been prepared for the City of Temecula. The Plans were funded through the Western Riverside Energy Partnership. Both EAPs establish energy reduction goals, policies, and implementation measures to achieve energy reduction goals. (WEST) Solid Waste and Recycling: Staff manages the City's Solid Waste and Recycling Agreement with CR&R and acts as a liaison between the City, CR&R, and their customers. City staff and CR&R coordinate two Citywide Clean-up events each year for residents to dispose of household waste and large miscellaneous items that do not fit into the standard residential trash receptacle. The Spring Citywide Clean -Up was held on Saturday, April 25, 2015 at Chaparral High School. Staff also assists with outreach for the Riverside County Mobile Household Hazardous Waste Collection events and the Backyard Composting Workshops. This event is an effort to promote the recycling of used and other household hazardous waste. On April 14, 2015, City Council approved the new residential organics recycling program. Implementation of the program will commence January 1, 2016. Because the program would begin implementation midway through the fiscal year, the rate for FY 2015-16 will be an additional $0.98 per parcel per month and in FY 2016-17, the rate would increase to $1.95 to reflect a full year of implementation. The annual rate adjustment adoption is scheduled to be heard ata public hearing at the June 23rd city council meeting. (WEST) BUILDING & SAFETY Inspections: During the month of May, Building and Safety conducted 1,706 inspections. On average, there were 85.3 inspections per day, or 18.95 inspections per day, per inspector. Permits: During the month of May, Building and Safety issued 296 building permits. Of these permits, 34 were single family units. Some of these permits from this month included: Non -Construction Certificate of Occupancy American Spine and Pain Med Group — 31565 Rancho Pueblo Road Reddy Dental Corporation — 40140 Winchester Road Hope Speech and Language Therapy — 29377 Rancho California Road Tenant Improvements Which Wich Superior Sandwiches — 32140 Temecula Parkway Bahama Bucks — 32475 Temecula Parkway Alliance Urgent Care — 31150 Temecula Parkway CODE ENFORCEMENT During the month of May, Code Enforcement responded to 60 web complaints. In addition, the division opened 50 code cases and forwarded 28 referrals to Public Works, Police, Animal Control, and Fire. Weed abatement season continues in May. Additional inspections were conducted on parcels originally identified for potential forced abatement. Subsequently, 526 cases were closed for voluntary abatement. Code Enforcement also pulled 300 non -conforming signs in the community and assisted 27 people at the Community Development Counter. Detailed Code Enforcement case activity can be found in the following chart: TYPE OF CODE CASE TYPE TOTAL Abandoned or Inoperable Vehicle 3 Vacant Home / Property Maintenance / Rodent infested 16 Business or Home Occupation w/o license 3 Trash and Debris / Parking lot maintenance 0 Overgrown Vegetation / Weeds / Fire Hazard 2 Green Pool / Vector Control 3 Graffiti 6 Noise 1 Trailer/ RV Stored 4 Construction w/o Permit 2 Encroach Public ROW / Trash Cans 3 Other/ Homeless Encampment 6 Signs Pulled - Violations 1 TOTAL NUMBER OF CASES 50 Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties. The following charts demonstrate the past six months of activities in Temecula. Residential Foreclosure Tracking Commercial Foreclosure Tracking December January February March April May DEFAULT 2014 2015 2015 2015 2015 2015 DEFAULT 91 92 94 92 83 78 FORECLOSED 85 82 74 76 70 63 REO 112 108 108 96 95 94 TOTALS 288 282 276 264 248 235 Commercial Foreclosure Tracking December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 DEFAULT 0 0 0 0 0 0 FORECLOSED 1 1 1 1 0 0 REO 18 13 14 13 14 14 TOTALS 19 14 15 14 14 14 PLANNING ACTIVITY REPORT m k 0 Business Phone Assigned Planner PA Number > 4 � 05/01/2015 919-362-005 PA 15-0670 Case Title / Description: Lyndsie McDougall NASM CPT > 4 � (661) 250-9300 05/01/2015 Brandon Rabidou 960-030-017 PA 15-0674 > 4 � 05/01/2015 Jaime Cardenas 944-191-015 PA 15-0676 Case Title / Description: Zetametric Inc. > 4 � 05/01/2015 944-191-015 PA 15-0678 Case Title / Description: Yottametric LLC > } 2 05/04/2015 05/04/2015 961-124-028 PA15-0680 Case Title / Description: Vehicle Entry Inspections Plan Review Debra Hoffman 05/04/2015 955-500-020 \ / } Case Title / Description: Debra Marie Hoffman Plan Review (619) 994-8528 Chris Doheny 05/04/2015 Brandon Rabidou PA15-0682 Plan Review Jacob Stein 05/04/2015 954-051-030 PA15-0684 Case Title / Description: Jet Auto Glass Plan Review (619) 994-8528 Chris Doheny 05/04/2015 Brandon Rabidou 959-281-050 PA15-0685 0 7> f§2 c$ /G\ .% 2 ) - c - cMCL - EE §c 2a \{\ \\\ .(c\ �~2 < /z -c ) -0'e 0> oEt, ƒ§\} =27� s) 0 _ / LE - o co 0 c 2 % o §ƒ76 %§» &%/y §R\ R .00_ § £f / c�2� o 2233 w o c, :E I= §ee= 0) 2o o->2 CO 0 C- a.) 2 L d 0 Business Phone Assigned Planner Z a PA Number Plan Review (949) 230-4546 Derek Hanson 05/05/2015 LL 0 C a) 0 io c o_ N Q O Q C N 0 U U (0 UO LL (0 aim U O LL 0 (1) O } us as O C a) a) c 0 W > O E � C (13 (n LEs LE, a) � U O N c >- o O o 0 += c N Q- O LO V N U Q ER N C O O c U N 0 0 UFY (o 944-335-065 PA15-0687 Plan Review (714) 679-8551 Lise Cowderoy 05/05/2015 U O U 962-020-018 PA15-0688 Case Title / Description: Landscape Streetscape Construction Documents Review for Redhawk PA -13. Plan Review (949) 391-7950 Carver Chiu 05/05/2015 Matt Peters 945-203-002 PA15-0689 Plan Review Leslie Keegan 05/05/2015 961-450-005 Case Title / Description: Leslie Keegan, CHHC Plan Review Dave Madden 05/05/2015 0 O O 4) C N O ELL a) 0 ~ O -0 >O 0 Q°) c ( o 0N a) N E - QO O c O N a) N H. 0 C U O O C W LEI ,C N 05 N (T(p C O O c) O LL N -O N C _ _c 0 v _ o = c c § 0.o o U c 0 O 0 U _c H _c . r O Cr) o s O m v 922-033-021 PA15-0694 Plan Review William Reeves 05/06/2015 953-421-013 Case Title / Description: William Reeves Plan Review Dennis Poblano 05/06/2015 Jaime Cardenas 953-071-001 PA15-0703 Case Title / Description: Real Deal Catering (619) 441-0300 a) 05/15/2015 05/07/2015 James Atkins 945-050-017 PA15-0706 0 05/08/2015 05/08/2015 Jaime Cardenas Case Title / Description: Flybone Services Plan Review 0 05/08/2015 Jaime Cardenas PA15-0712 Case Title / Description: Flybone Services Plan Review Rodrigo Yanez 05/08/2015 Jaime Cardenas 955-194-036 PA 15-0713 Case Title / Description: Mobile Car Wash CO 4- 0 N 0 0- m k 0 Business Phone Assigned Planner \ PA Number Plan Review Delmar Williams 05/11/2015 965-100-019 PA 15-0717 Case Title / Description: Delmar G. Williams Attorney at Law Plan Review Louis Kashmere (310) 387-7619 Mike Sirota 05/11/2015 922-110-030 PA 15-0718 Plan Review Claudia Delgado Claudia Delgado 05/11/2015 /\ a\= Ea }2 \/\ ek@ j\\ e .% g §_� o{E §a2 E < o .8 EkE o eL k2 La-) \\\ o o \ 42 \ 1 0_» E ]§G � \/ 0M .c = E 0 <00 g 0 • B> E .2 $9§ ; ƒ .E CI /f I- 2 k/0 o 959-154-001 PA 15-0720 Plan Review (951) 972-9520 Stacy Simmons 05/11/2015 Plan Review (314) 515-2000 James Weddle 05/12/2015 Jaime Cardenas PA 15-0723 Case Title / Description: Edward Jones Investments Plan Review Danny Herron 05/12/2015 960-133-033 PA 15-0725 Case Title / Description: Blue Herron Pool & Spa Plan Review (714) 364-7233 E p 05/12/2015 953-390-002 PA 15-0727 05/12/2015 Jaime Cardenas 944-323-017 PA 15-0728 Case Title / Description: Agape General Contractors Inc. 2 } 2 05/12/2015 962-400-011 / } Case Title / Description: Stephanie Chanel Piano Plan Review (714) 679-8551 Lise Cowderoy 05/13/2015 / \ E § E \ E k E / E o o 7 o\ 0 4 \o ' \§ as } }\ 0 .1 CA w 03\ =0 a)/ )\ 962-020-018 PA15-0736 CO0 r & 2 L d O Business Phone Assigned Planner Z a PA Number Plan Review (714) 679-8551 Lise Cowderoy 05/13/2015 c 0 .> o 0) c = C N O U O O LP 0 (13 0 -0N 0 O (I) C _c Q i O O O O O O o o C U O � U fn -c o -O Q Q (0 (0 N Na U 0 N O N (7 C Q' 0)c C C 0 O 0 Q. Oa) .L 0 0 tn N CI o ca y O C 0 0) Q fCa OW EL U o U 962-020-018 PA15-0737 > O 0 0 Albert Davis 06/01/2015 05/13/2015 Brandon Rabidou 909-360-035 PA15-0739 rE. O .6 N O 0 0 T a) C o� NO D '> o o U C a) cN C p) CX O U O O O 0 � a) Q 0 c O N N c N N N >N _ C 63 O N 0 0 O N .. 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O y r IT Una. Plan Review (909) 229-0125 Jack Lanphere 05/18/2015 James Atkins 922-170-003 PA 15-0764 05/18/2015 Jaime Cardenas 961-400-062 PA 15-0765 Case Title / Description: Transport Management International, Inc. 05/19/2015 Brandon Rabidou PA 15-0772 Case Title / Description: CharKat's Creative Insanity (619) 204-1689 06/01/2015 05/19/2015 Jaime Cardenas 955-231-010 PA15-0773 Case Title / Description: Scott Enterprises 05/19/2015 Jaime Cardenas 959-202-036 PA 15-0774 Case Title / Description: Courtney L Billen CO 4- 0 Lf) O 0_ L d O Business Phone Assigned Planner Z a PA Number Q E O U 05/22/2015 05/19/2015 Plan Review (405) 525-2998 Macey Bishop Z -0 0- 0) Q O Et N Lf)(15 N (1) 0) N a) N U 4 lV c O > O L0 N N O M V O -0 N C 0) (n N Lf) N (1) N C (1) C N— N— CD a) a) v -2 - (0 -0 (0 U (' U a) c) a) N E •§ E a) O o � 921-310-023 PA 15-0775 Q N Q o °) o r r _a _a„ •o •c O O D 0 M CO N O ; a) O y r p