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HomeMy WebLinkAbout052317 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk(951)694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MAY 23, 2017— 7:00 PM CLOSED SESSION Pursuant to Government Code Section 54953(b) Mayor Maryann Edwards and Mayor Pro Tempore Matt Rahn will be teleconferencing in only for the Closed Session portion of the May 23, 2017 City Council meeting from the following locations: International Council of Shopping Centers Conference (Edwards) Paris Hotel, 3655 South Las Vegas Blvd., Las Vegas, NV 89109 Riverside County Habitat Conservation Agency Meetings (Rahn) Grand Hyatt, 1000 H Street NW, Washington, D.C., 20001 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: 1. 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 the property are: The Stephen A. Bieri Co., Inc., and the City of Temecula. Negotiators for the City of Temecula are: Aaron Adams, Peter Thorson, Greg Butler, and Luke Watson. Under negotiation are price and terms of the potential sale of the property. 2. Conference with Legal Counsel — Pending Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: Los Ranchitos Homeowners Association v. City of Temecula, Riverside County Superior Court No. RIC1512880. Next in Order: Ordinance: 17-03 Resolution: 17-29 1 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Bob Bozonelos Invocation: Pastor Gary Nelson of Calvary Chapel Temecula Valley Flag Salute: Council Member James "Stew" Stewart ROLL CALL: Comerchero, Naggar, Rahn, Stewart, Edwards 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. 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 May 9, 2017 RECOMMENDATION: 2.1 That the City Council approve the action minutes of May 9, 2017. 2 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Appoint Members to the Old Town Local Review Board and Planning Commission RECOMMENDATION: 4.1 That the City Council appoint Peg Moore and Annette Brown to the Old Town Local Review Board and Lanae Turley-Trejo to the Planning Commission. 5 Approve Annual Renewal of Insurance Policies — Liability, Property, Automobile Physical Damage & Contractor's Equipment, Difference In Conditions (Earth Movement and Flood), Excess Workers' Compensation, Crime, and Cyber Risk RECOMMENDATION: 5.1 Approve the insurance policy renewal for Liability insurance with AIX Specialty Insurance Company, in the amount of$139,633.73, for the period of July 1, 2017 to July 1, 2018; 5.2 Approve the insurance policy renewal for Property insurance with American Home Assurance Company, in the amount of $90,534, for the period of July 1, 2017 to July 1, 2018; 5.3 Approve the insurance policy renewal for Auto Physical Damage & Contractor's Equipment insurance with Hanover Insurance Company, in the amount of $6,864, for the period of July 1, 2017 to July 1, 2018; 5.4 Approve the insurance policy renewal for Difference In Conditions (Earth Movement and Flood) insurance with Empire Indemnity Insurance Company, QBE Specialty Insurance Company, Ironshore Europe Limited, Ironshore Insurance Ltd, General Security Indemnity Co. of Arizona and Lloyd's in the amount of$174,378.08, for the period of July 1, 2017 to July 1, 2018; 5.5 Approve the insurance policy renewal for Excess Workers' Compensation insurance with New York Marine and General Insurance Company, in the amount of$48,877, for the period of July 1, 2017 to July 1, 2018; 5.6 Approve the insurance policy for Crime insurance with Hanover Insurance Company, in the amount of$2,832, for the period of July 1, 2017 to July 1, 2018; 5.7 Approve the insurance policy for Cyber Risk insurance with National Union Fire Insurance Company of Pittsburgh, PA, in the amount of $9,012.50, for the period of July 1, 2017 to July 1, 2018. 3 6 Approve an Agreement for Consultant Services with Blanca Y. Price for Landscape Plan Check and Inspection Services for Fiscal Year 2017-18 through 2021-22 RECOMMENDATION: 6.1 That the City Council approve an Agreement for Consultant Services with Blanca Y. Price, in the amount of $150,000, each year for four years for a total agreement amount of $600,000 to perform Landscape Plan Check and Inspection Services for Fiscal Year 2017-18 through 2021-22. 7 Approve the First Amendment to the Agreement with Keyser Marston Associates, Inc. for the Affordable Housing RFP Review and Developer Selection RECOMMENDATION: 7.1 That the City Council approve the First Amendment to the Agreement with Keyser Marston Associates, Inc., in the amount of $25,000, for a total agreement amount of $50,000 for the Affordable Housing RFP Review and Developer Selection. 8 Approve the First Amendment to the Agreement with Keyser Marston Associates, Inc. for the Fiscal Impact Analysis for the Proposed Altair Specific Plan RECOMMENDATION: 8.1 That the City Council approve the First Amendment to the Agreement with Keyser Marston Associates, Inc., in the amount of $18,500, for a total agreement amount of $53,500, for the Fiscal Impact Analysis for the Proposed Altair Specific Plan. 9 Approve the First Amendment to the Agreement with Keyser Marston Associates, Inc. for the Fiscal Impact Analysis for the Proposed Cypress Ridge Development RECOMMENDATION: 9.1 That the City Council approve the First Amendment to the Agreement with Keyser Marston Associates, Inc., in the amount of $18,500, for a total agreement amount of $47,100, for the Fiscal Impact Analysis for the Proposed Cypress Ridge Development 10 Approve the Fourth Amendment to the Agreement for Consulting Services with Environmental Science Associates for an Environmental Impact Report for the Altair Specific Plan RECOMMENDATION: 10.1 That the City Council approve the Fourth Amendment to the Agreement for Consultant Services with Environmental Science Associates, in the amount of $87,000, for a total agreement amount of $432,789, for the preparation of an Environmental Impact Report for the Altair Specific Plan. 4 11 Approve and Execute the Memorandum of Understanding (MOU) Agreement with Rancho California Water District (RCWD) for Grant Funding to Implement Expanded Recycled Water and Plant Conversion Project RECOMMENDATION: 11.1 That the City Council Approve and Execute the Memorandum of Understanding (MOU) with Rancho California Water District (RCWD) in support of grant funding awarded to RCWD and the City as a program participant, made available through the California Department of Water Resources (DWR) 2015 Proposition 84 Integrated Regional Water Management Implementation Grant. 12 Approve an Agreement for Minor Maintenance Services with Merchants Building Maintenance, LLC for Janitorial Services for City Facilities RECOMMENDATION: 12.1 Approve an Agreement for Minor Maintenance Services with Merchants Building Maintenance, LLC, in the amount of $260,199, to provide Janitorial Services for City Facilities for Fiscal Year 2017-18; 12.2 Authorize the City Manager to approve additional work not to exceed the contingency amount of $26,019.90, which is approximately 10% of the Agreement amount. 13 Approve an Agreement for Minor Maintenance Services with Hardy & Harper, Inc. for Paving Maintenance Services for Fiscal Year 2017-18 RECOMMENDATION: 13.1 That the City Council approve an Agreement for Minor Maintenance Services with Hardy & Harper, Inc., in the amount of $500,000, to provide Paving Maintenance Services within City Right of Ways for Fiscal Year 2017-18. 14 Approve an Agreement for Minor Maintenance Services with Rene B. Martinez, Sr. dba Rene's Commercial Management for Weed Abatement Maintenance Services for Fiscal Year 2017-18 RECOMMENDATION: 14.1 That the City Council approve an Agreement for Minor Maintenance Services with Rene B. Martinez, Sr. dba Rene's Commercial Management, in the amount of $200,000, to provide Weed Abatement Maintenance Services for Fiscal Year 2017-18. 5 15 Approve an Increase to the Contingency Amount of the Agreement for Consultant Services with Michael Baker International Company for Pechanga Parkway Widening (Via Gilberto to North Casino Drive), PW15-14 RECOMMENDATION: 15.1 Approve an increase to the contingency amount of the Agreement for Consultant Services with Michael Baker International Company, in the amount of $25,000, to cover added work for design and environmental services of Pechanga Parkway Widening (Via Gilberto to North Casino Drive), PW15-14; 15.2 Increase the City Manager's authority to approve Extra Work Authorizations by the same amount, $25,000. 16 Approve Tract Map 33584 (Located at the Northeast Corner of Rancho Vista Road and Mira Loma Road) RECOMMENDATION: 16.1 Approve Tract Map 33584 in conformance with the Conditions of Approval; 16.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance Bond as security for the Agreement; 16.3 Approve the Subdivision Monument Agreement and accept the Subdivision Monumentation Cash Deposit as security for the Agreement. 17 Receive and File Temporary Street Closures for 2017 Summerfest Events RECOMMENDATION: 17.1 That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2017 Summerfest Events: TEMECULA ART & STREET PAINTING FESTIVAL 4TH OF JULY PARADE 4TH OF JULY FIREWORKS SHOW 18 Approve the Conversion of the Old Town Temecula Street Lights to LED and Approve an Appropriation from the TEEM (Temecula Energy Efficiency Management) Fund RECOMMENDATION: 18.1 Approve the Conversion of the Old Town Temecula Street Lights to LED; 18.2 Approve an Appropriation in the amount of $40,000 from the TEEM (Temecula Energy Efficiency Management) Fund. 6 19 Establish All-Way Stop Controls at the Intersections of Amarita Way and Pio Pico Road, and Montelegro Way and McCabe Drive RECOMMENDATION: 19.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ESTABLISHING ALL-WAY STOP CONTROLS AT THE INTERSECTIONS OF AMARITA WAY AND PIO PICO ROAD, AND MONTELEGRO WAY AND MCCABE DRIVE ******************** 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 ******************** 7 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: CSD 17-01 Resolution: CSD 17-02 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero 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. 20 Approve the Action Minutes of May 9, 2017 RECOMMENDATION: 20.1 That the Board of Directors approve the action minutes of May 9, 2017. 21 Approve the Agreement with Greg and Lauren Stiles dba The Shortstop for Concessionaire Services at Patricia H. Birdsall Sports Park RECOMMENDATION: 21.1 That the Board of Directors approve an Agreement with Greg and Lauren Stiles dba The Shortstop for Concession Services at Patricia H. Birdsall Sports Park. 8 22 Approve the Seventh Amendment to the License Agreement with the Temecula Valley Museum, Inc. for Operation of Museum Gift Shop, Wedding Chapel, Courtyard and Concessions Facility RECOMMENDATION: 22.1 That the Board of Directors approve the Seventh Amendment to the License Agreement with the Temecula Valley Museum, Inc. for Operation of Museum Gift Shop, Wedding Chapel, Courtyard and Concessions Facility. 23 Set Public Hearing to Approve TCSD Proposed Rates and Charges for Fiscal Year 2017-18 RECOMMENDATION: 23.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 17- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2017-18 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, June 13, 2017, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 9 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY— No Meeting TEMECULA HOUSING AUTHORITY— No Meeting TEMECULA PUBLIC FINANCING AUTHORITY— No Meeting RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 24 Conduct Public Hearing No. 2 Regarding the Transition from At-Large to By-District Elections RECOMMENDATION: 24.1 That the City Council conduct the second of four public hearings to receive public comments regarding the transition from at-large to by-district elections for members of the City Council. DEPARTMENTAL REPORTS 25 Community Development Department Monthly Report 26 Fire Department Monthly Report 27 Police Department Monthly Report 28 Public Works Department Monthly Report BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Budget Workshop/Special Meeting: Wednesday, May 31, 2017, at 8:30 AM, Civic Center — Conference Center, 41000 Main Street, Temecula, California. Next regular meeting: Tuesday, June 13, 2017, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 10 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—TemeculaCA.gov—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 — TemeculaCA.gov — 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. 11 CITY COUNCIL CONSENT Item No . 1 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: May 23, 2017 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, 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 MAY 9, 2017 —7:00 PM The City Council meeting convened at 7:02 PM. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Leah Arban Invocation: Lead Pastor Demetric Felton Sr. of Beyond the Walls Church Flag Salute: Mayor Pro Tem Matt Rahn ROLL CALL: Comerchero, Naggar, Rahn, Stewart, Edwards PRESENTATIONS/PROCLAMATIONS Presentation to Alice Sullivan Riverside County 3rd District Woman of the Year Presentation of National Public Works Week Proclamation Presentation of May is Bike Month Proclamation Presentation of Certificate of Recognition to Rick Wessels, Owner of The Bike Shop PUBLIC COMMENTS The following individual addressed the City Council: • Mark Katan CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Stewart; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. 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. Action Minutes 050917 1 2 Approve the Action Minutes of April 25, 2017 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Stewart; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 2.1 That the City Council approve the action minutes of April 25, 2017. 3 Approve the List of Demands - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Stewart; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-25 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 March 31, 2017 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Stewart; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of March 31, 2017. 5 Approve the Purchase of Getac T800 Mini Rugged Tablets with Golden Star Technology, Inc. for the Temecula Police Department - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Stewart; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 5.1 That the City Council approve the purchase of Getac T800 Mini Rugged Tablets with Golden Star Technology, Inc., in the amount of $68,764.76, for the Temecula Police Department. Action Minutes 050917 2 6 Approve the Sponsorship and Economic Development Funding Agreement with the Temecula Valley Balloon and Wine Festival Association for the 2017 Temecula Valley Balloon and Wine Festival (At the Request of Economic Development Committee Members Comerchero and Edwards) - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Stewart; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 6.1 That the City Council approve the Sponsorship and Economic Development Funding Agreement with the Temecula Valley Balloon and Wine Festival Association for $27,000 cash, in-kind promotional services and the use of the conference center for two volunteer training days valued at $3,865, and the use of traffic control devices valued at $3,200 for the 2017 Temecula Valley Balloon &Wine Festival being held June 2 —4, 2017. 7 Approve the First Amendment to the Agreement for Contractor Services with St. Francis Electric, LLC for On-Call Traffic Signal Maintenance Services - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Stewart; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 7.1 That the City Council approve the First Amendment to the Agreement for Contractor Services with St. Francis Electric, LLC, in the amount of $50,000, for On-Call Traffic Signal Maintenance Services. 8 Approve the Amendments to Annual Agreements for Fiscal Year 2017-18 for Routine Maintenance and Emergency Services for Various Operational Needs by the Department of Public Works, Maintenance Division - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Stewart; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 8.1 That the City Council approve the following Amendments to the Annual Agreements for Fiscal Year 2017-18, in the amounts stated below, for Routine Maintenance and Emergency Services for Various Operational Needs by the Department of Public Works, Maintenance Division, including repairs to the HVAC system, general contracting, elevators, roofing, plumbing, painting, fencing, tree trimming, street signs, and janitorial services: ABM Building Services, LLC Sixth Amendment $200,000 All American Asphalt Third Amendment $50,000 Craftsmen Plumbing Heating & Cooling, Inc. Fourth Amendment $300,000 Main Street Signs Third Amendment $75,000 Action Minutes 050917 3 Moore Fence Company, Inc. Second Amendment $50,000 Pacific Hydroblasting, Inc. Second Amendment $100,000 ThyssenKrupp Elevator Corporation Third Amendment $45,000 VN Enterprises, Inc. Third Amendment $100,000 West Coast Arborists, Inc. First Amendment $400,000 Aztec Landscaping, Inc. dba Aztec First Amendment $105,000 Janitorial, Inc. 9 Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation Program — Overland Drive (Jefferson Avenue to Commerce Center Drive), PW12-15 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Stewart; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 9.1 Accept the Improvements of the Pavement Rehabilitation Program — Overland Drive (Jefferson Avenue to Commerce Center Drive), PW12-15, as complete; 9.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the Contract amount; 9.3 Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. 10 Approve Plans and Specifications, and Authorize the Solicitation of Construction Bids for the Temecula Children's Museum — Roof Rehabilitation, PW16-02 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Stewart; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 10.1 Approve the Plans and Specifications, and Authorize the Department of Public Works to Solicit Construction Bids for the Temecula Children's Museum — Roof Rehabilitation, PW16-02; 10.2 Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. RECESS At 7:37 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:39 PM, the City Council resumed with the remainder of the City Council Agenda. Action Minutes 050917 4 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING The following individuals addressed the City Council on Item 13: • Peter Ingersoll • Ricki Ingersoll • Skylar Tempel • Judy Joseph • Debbie Arce • Greg Jelden • Lorilyn Teasdale • Lori Brown • Leanne Hardesty The following individuals addressed the City Council on Item 14: • Patrice Lynes • Skylar Tempel • Ira Robnson 13 Approve an Amendment to the Temecula Municipal Code Prohibiting All Commercial Marijuana Activity in the City and Amending Regulations Pertaining to Marijuana Cultivation Implementing Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act — 13.1a Approved Staff Recommendation (4-0-1, Council Member Naggar in opposition) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Rahn, Stewart and Edwards with Council Member Naggar in opposition. 13.1b Approved Staff Recommendation (4-0-1, Council Member Naggar in opposition) Council Member Rahn made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Rahn, Stewart and Edwards with Council Member Naggar in opposition. RECOMMENDATION: 13.1a That the City Council amend section 8.52.040(D) to read as follows: "Except for deliveries to primary caregivers or qualified patients, as defined in this chapter, all deliveries of marijuana or marijuana products to or from any location in the city are expressly prohibited. Except for deliveries to primary caregivers or qualified patients, as defined in this chapter, no person shall conduct or perform any delivery of any marijuana or marijuana products, which delivery either originates or terminates within the city. This subsection shall not prohibit any person from transporting marijuana or marijuana products on public roads by a person licensed under either Chapter 3.5 of Division 8 or Division 10 of the California Business and Professions Code." Action Minutes 050917 5 13.1 b And introduce and read by title only an ordinance entitled: ORDINANCE NO. 17-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.52 OF TITLE 8, HEALTH AND SAFETY, OF THE TEMECULA MUNICIPAL CODE TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN THE CITY AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND AMENDING TITLE 17, ZONING, TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN ALL ZONES AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES, SECTION 15061(B)(3) City Attorney Thorson introduced and read by title only Ordinance No. 17-02. 14 Conduct Public Hearing No. 1 Regarding the Transition from At-Large to By-District Elections and Adopt the Related Resolution of Intent and Resolution Establishing Criteria for Single Member Voting Districts - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 14.1 That the City Council conduct the first of four public hearings to receive public comments regarding the transition from at-large to by-district elections for members of the City Council and adopt the following resolutions: RESOLUTION NO. 17-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DECLARING ITS INTENT TO TRANSITION FROM AT-LARGE TO BY-DISTRICT ELECTIONS FOR MEMBERS OF CITY COUNCIL, OUTLINING SPECIFIC STEPS TO BE UNDERTAKEN TO FACILITATE THE TRANSITION AND ESTIMATING A TIME FRAME FOR ACTION PURSUANT TO ELECTIONS CODE SECTION 10010 14.2 Adopt a resolution entitled: RESOLUTION NO. 17-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ESTABLISHING CRITERIA FOR SINGLE-MEMBER VOTING DISTRICTS FOR THE ELECTION OF COUNCIL MEMBERS Action Minutes 050917 6 CITY COUNCIL BUSINESS 15 Approve a Memorandum of Understanding (MOU) with Teamsters Local 911 Succeeding the MOU that Expires June 30, 2017; Approve Compensation Plans for the Unrepresented Employees; Approve the City Council Health and Retirement Benefits; and Approve the Second Amendment to the City Manager's Employment Agreement - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 15.1 Approve the Memorandum of Understanding between the City of Temecula and the General Employees of the City of Temecula represented by the California Teamster Public, Professional, and Medical Employee Union Local 911 effective July 1, 2017 through June 30, 2021; 15.2 Approve the Amended and Restated Management Compensation Plan; 15.3 Approve the Amended Salary Schedule to be effective July 1, 2017; 15.4 Approve the City Council Compensation, Health and Retirement Benefits; 15.5 Approve the Second Amendment to City Manager Employment Agreement; 15.6 Adopt a resolution entitled: RESOLUTION NO. 17-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AGREEMENT BETWEEN THE CITY OF TEMECULA AND MANAGEMENT AND CONFIDENTIAL EMPLOYEES FOR CALIPERS EMPLOYER CONTRIBUTION COST SHARING BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT (None) Action Minutes 050917 7 ADJOURNMENT At 10:21 PM, the City Council meeting was formally adjourned Tuesday, May 23, 2017, 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 Deputy Kent Hindergardt Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Action Minutes 050917 8 Item No . 3 Approvals City Attorney A� Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: May 23, 2017 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Shafe, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 17- 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. 17- 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 $3,751,669.53. 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 May, 2017. Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of May, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 04/27/2017 TOTAL CHECK RUN: $ 2,485,041.85 05/04/2017 TOTAL CHECK RUN: 820,704.13 05/04/2017 TOTAL PAYROLL RUN: 445,923.55 TOTAL LIST OF DEMANDS FOR 05/23/2017 COUNCIL MEETING: $3,751,669.53 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 2,310,696.57 135 BUSINESS INCUBATOR RESOURCE 3,948.40 140 COMMUNITY DEV BLOCK GRANT 6,981.65 150 AB 2766 FUND 1,945.47 165 AFFORDABLE HOUSING 6,004.05 170 MEASURE A FUND 178,840.82 190 TEMECULA COMMUNITY SERVICES DISTRICT 166,051.55 192 TCSD SERVICE LEVEL B STREET LIGHTS 170.43 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,399.83 196 TCSD SERVICE LEVEL"L"LAKE PARK MAINT. 1,940.26 197 TEMECULA LIBRARY FUND 4,537.54 210 CAPITAL IMPROVEMENT PROJECTS FUND 414,591.15 300 INSURANCE FUND 1,753.71 320 INFORMATION TECHNOLOGY 83,803.46 330 CENTRAL SERVICES 17,690.01 340 FACILITIES 14,716.24 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 4.48 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 4.48 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 4.48 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 4.48 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 4.48 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 26.88 501 SERVICE LEVEL"C'ZONE 1 SADDLEWOOD 580.02 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 5,319.63 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 51.97 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 111.55 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 5,701.86 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 3,194.29 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 417.76 508 SERVICE LEVEL"C'ZONE 8 VILLAGE GROVE 12,892.01 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 84.12 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 231.71 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 42.12 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 2,407.78 513 SERVICE LEVEL"C'ZONE 13 PRESLEY DEVELOP. 25.78 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 2,718.73 515 SERVICE LEVEL"C'ZONE 15 BARCLAY ESTATES 144.64 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 499.94 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 40.49 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 1,979.70 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 3,760.82 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 14,349.61 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 8,364.84 522 SERVICE LEVEL"C'ZONE 22 SUTTON PLACE 158.66 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 7.35 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 17,151.46 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 772.72 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 97.06 527 SERVICE LEVEL"C'ZONE 27 AVONDALE 456.28 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 224.92 529 SERVICE LEVEL"C'ZONE 29 GALLERY PORTRAIT 53.20 700 CERBT CALIFORNIA EE RETIREE-GASB45 8,784.54 $3,305,745.98 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 248,913.08 135 BUSINESS INCUBATOR RESOURCE 5,032.28 140 COMMUNITY DEV BLOCK GRANT 400.14 165 AFFORDABLE HOUSING 2,929.10 190 TEMECULA COMMUNITY SERVICES DISTRICT 100,571.81 192 TCSD SERVICE LEVEL B STREET LIGHTS 233.67 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 21159.68 196 TCSD SERVICE LEVEL"L"LAKE PARK MAINT. 111.35 197 TEMECULA LIBRARY FUND 941.73 300 INSURANCE FUND 1,842.69 320 INFORMATION TECHNOLOGY 20,906.38 330 SUPPORT SERVICES 3,065.20 340 FACILITIES 12,782.65 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 35.73 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 23.84 503 SERVICE LEVEL"C'ZONE 3 RANCHO HIGHLANDS 28.31 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 5.06 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 57.82 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 10.31 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 14.60 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 98.36 509 SERVICE LEVEL"C'ZONE 9 RANCHO SOLANA 0.74 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 4.26 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 2.54 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 65.44 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 13.82 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 7.84 515 SERVICE LEVEL"C'ZONE 15 BARCLAY ESTATES 6.80 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 16.18 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1.15 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 60.59 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 32.38 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 88.16 521 SERVICE LEVEL"C'ZONE 21 VAIL RANCH 149.37 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 3.33 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 3.69 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 83.85 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 26.91 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 0.85 527 SERVICE LEVEL"C'ZONE 27 AVONDALE 3.69 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 123.78 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 1.61 700 CERBT CALIFORNIA EE RETIREE-GASB45 45,062.78 445,923.55 TOTAL BY FUND: $3,7517669.53 apChkLst Final Check List Page: 1 04/27/2017 9:19:53AM CITY OF TEMECULA Bank: union UNION BANK Check# Date Vendor Description Amount Paid Check Total 3321 04/11/2017 006887 UNION BANK OF CALIFORNIA 001256 MARRIOTT HOTEL LW LODGING:PLNG COMMISSIONER: 610.74 WATTS 001256 MARRIOTT HOTEL LW LODGING:PLNG COMMISSIONER: 338.87 TURLEY 000210 LEAGUE OF CALIF CITIES LW CANCEL:PLAN COMMACDMY: -500.00 449.61 GUERRIERO 3322 04/27/2017 000444 INSTATAX(EDD) UNEMPLOYMENT TAX 1ST QUARTER 41,687.63 41,687.63 2017 182470 04/27/2017 019628 9 FINGERS,INC. Uniforms:Inspector shirts 37.31 Uniforms:Inspector shirts 23.15 Uniforms:Inspector shirts 62.47 122.93 182471 04/27/2017 017321 A.M.AIR FREIGHT,INC. EXHIBIT SHI PPI NG:TVM 1,720.00 1,720.00 182472 04/27/2017 016764 ABM BUILDING SERVICES,LLC APR-JUN 17 HVAC PREV MAINT:OTC 58.00 APR-JUN 17 HVAC PREV MAINT:STA.73 58.00 APR-JUN 17 HVAC PREV MAINT:STA.92 292.00 408.00 182473 04/27/2017 001517 AETNA BEHAVIORAL HEALTH, MAY 17 EMPLOYEE ASSISTANCE 629.20 629.20 LLC PRGM 182474 04/27/2017 015217 AIRGAS,INC. DRY ICE FOR 14.68 EXPERIMENTS:PENNYPICKLE'S DRY ICE FOR EXPERIMENTS:PENNYPIC 4.79 DRY ICE FOR EXPERIMENTS:PENNYPIC 19.32 38.79 Page:1 apChkLst Final Check List Page: 2 04/27/2017 9:19:53AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182475 04/27/2017 007282 AMAZON.COM,INC MISC SUPPLIES:PREVENTION 40.74 BOOKS/COLLECTIONS:LI BRARY 15.89 BOOKS/COLLECTIONS:LI BRARY 70.50 MISC SUPPLIES:PREVENTION 8.74 MISC SUPPLIES-PREVENTION 15.14 MISC SUPPLIES-PREVENTION 128.60 PRIVACY MONITORS:PLANNING 263.12 MISC OFFICE SUPPLIES:FINANCE DEPT 88.23 SUPPLIES:TVM 616.64 SUPPLIES:TVM 150.89 BOOKS/COLLECTIONS:LIBRARY 23.99 BOOKS/COLLECTIONS:LI BRARY 10.45 BOOKS/COLLECTIONS:LI BRARY 73.74 BOOKS/COLLECTIONS:LI BRARY 60.50 BOOKS/COLLECTIONS:LIBRARY 83.23 SUPPLIES:TVM 161.85 SUPPLIES:TVM 231.15 SUPPLIES:TVM 436.36 SUPPLIES:TVM 814.83 SUPPLIES:TVM 1,577.86 BOOKS/COLLECTIONS:LI BRARY 55.34 BOOKS/COLLECTIONS:LI BRARY 393.06 BOOKS/COLLECTIONS:LI BRARY 58.08 MISC.TOOLS&SUPPLIES:MEDICS 141.36 MISC SUPPLIES-PREVENTION 200.19 BOOKS/COLLECTIONS:LI BRARY 19.35 MISC SUPPLIES:PREVENTION 14.16 MISC SUPPLIES:PREVENTION 74.51 MATTRESS REPLACEMENT:STA 92 3,320.48 SUPPLIES:TVM 19.31 SUPPLIES:TVM 26.94 9,195.23 182476 04/27/2017 004240 AMERICAN FORENSIC NURSES PHLEBOTOMY SRVCS:TEMECULA 825.22 (AFN) POLICE PHLEBOTOMY SRVCS:TEMECULA POLIC 84.76 909.98 182477 04/27/2017 013950 AQUA CHILL OF SAN DIEGO APR WATER SVCS:POLICE 28.28 STOREFRONT APR MAI NT SVCS DRINKING WATER:CIV 183.71 APR MAI NT SVCS DRINKING WATER:JR, 28.28 APR MAI NT SVCS DRINKING WATER:PVA 28.28 APR MAI NT SVCS DRINKING WATER:MP 34.75 APR DRINKING WATER SVCS:IT 28.28 331.58 182478 04/27/2017 019805 BAILEY,DOUGLAS REFUND:ARTFESTIVAL-ART VENDOR 100.00 100.00 Page2 apChkLst Final Check List Page: 3 04/27/2017 9:19:53AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182479 04/27/2017 004262 BIO-TOX LABORATORIES MAR DUI&DRUG SCREENING:POLICE 583.00 MAR DUI&DRUG SCREENING:POLICE 2,123.70 MAR DUI&DRUG SCREENING:POLICE 1,156.10 3,862.80 182480 04/27/2017 003138 CAL MAT ASPHALT MATERIAL:PW STREET 163.49 MAINT ASPHALT MATERIAL: PW STREET MAINT 182.78 ASPHALT MATERIAL: PW STREET MAINT 300.55 646.82 182481 04/27/2017 010939 CALIF DEPT OF INDUSTRIAL COMPLIANCE CERT:BLUE WATER 250.00 250.00 SLIDED:CRC 182482 04/27/2017 004248 CALIF DEPT OF MAR 17 ALCOHOL ANALYSIS:POLICE 840.00 JUSTICE-ACCTI NG DEPT JAN 17 ALCOHOL ANALYSIS:POLICE DEI 35.00 875.00 182483 04/27/2017 007185 CALIF STATE UNIVERSITY REGISTRATION:GALA 6/3/17: 250.00 250.00 EDWARDS,M. 182484 04/27/2017 007488 CALIPER CORPORATION SUPPORT TRANSCAD STANDARD ONE 1,305.00 1,305.00 YEAR 182485 04/27/2017 000131 CARL WARREN&COMPANY MAR 17 CLAIM ADJUSTER SVCS 204.00 204.00 INC 182486 04/27/2017 004462 CDW,LLC MISC SUPPLIES&EQUIP:INFO TECH 987.87 MISC SUPPLIES&EQUIP:INFO TECH 136.66 2-21.5'MONITORS NET GEAR PRO SAF 607.48 1,732.01 182487 04/27/2017 018018 CHILDRESS,DEBBORA TCSD INSTRUCTOR EARNINGS 151.20 TCSD INSTRUCTOR EARNINGS 107.66 258.86 182488 04/27/2017 002945 CONSOLIDATED ELECTRICAL MISC ELECTRICAL SUPPLIES:FOC 296.31 296.31 DIST. 182489 04/27/2017 001264 COSTCO TEMECULA#491 OFFICE SUPPLIES:INFO TECH 166.39 166.39 182490 04/27/2017 004329 COSTCO TEMECULA#491 SUPPLIES:HUMAN SVCS MPSC 201.52 201.52 REFRESHMNTS 182491 04/27/2017 004524 CRAFCO INC-ABSOLUTE ST MAINT MACHINE RENTAL:ST MAINT 391.01 391.01 ASPHALT DIV 182492 04/27/2017 010650 CRAFTSMEN PLUMBING& FACILITY MAINTENANCE:STA84 575.37 HVAC INC PLUMBING SRVCS:SENIOR CENTER 312.50 INSTALL SENSOR FAUCET:IWTCM 690.00 1,577.87 182493 04/27/2017 010486 D D L TRAFFIC,I NC. Traffic signal equipment: pw traffic 2,201.13 2,201.13 Page 3 apChkLst Final Check List Page: 4 04/27/2017 9:19:53AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182494 04/27/2017 014580 DANCE THEATRE COLLECTIVE SETTLEMENTTIX:DANCEXCHANGE 63.00 63.00 4/18 182495 04/27/2017 001393 DATATICKET,INC. MAR 17 PARKING CITATION 1,447.64 1,447.64 PROCESSING:POLIC 182496 04/27/2017 002990 DAVID TURCH&ASSOCIATES MAR 17 FED LEGISLATIVE 3,500.00 3,500.00 CONSULTING SVCS: 182497 04/27/2017 012614 DBX,INC. INSTALL SPEED ADVISORY SIGNS:PW 4,970.00 4,970.00 182498 04/27/2017 019810 DELATORRE,PETER REFUND:BAL.ADJ.:VIOL.DISMISSAL 305.00 305.00 72148 182499 04/27/2017 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOMS:VAIL RANCH 80.96 SRVCS PARK PORTABLE RESTROOMS:LONG CANYOI 55.96 PORTABLE RESTROOMS:LASERENA W, 55.96 PORTABLE RESTROOMS:RIVERTON PAI 55.96 248.84 182500 04/27/2017 004192 DOWNS ENERGY FUEL& FUEL FOR CITY VEHICLES:LAND DEV 107.98 LUBRICANTS FUEL FOR CITY VEHICLES:TRAFFIC DIV 253.45 FUEL FOR CITY VEHICLES:PUBLIC WOF 111.23 FUEL FOR CITY VEHICLES:TCSD 58.48 FUEL FOR CITY VEHICLES:TCSD 276.26 FUEL FOR CITY VEHICLES:BLDG INSPE, 226.95 FUEL FOR CITY VEHICLES:LAND DEV 53.14 FUEL FOR CITY VEHICLES:PUBLIC WOF 748.82 FUEL FOR CITY VEHICLES:PUBLIC WOF 493.88 FUEL FOR CITY VEHICLES:CODE ENFOI 77.86 FUEL FOR CITY VEHICLES:POLICE DEP' 39.13 2,447.18 182501 04/27/2017 002390 EASTERN MUNICIPAL WATER MAR WATER METER:MURR HOT 122.54 DIST SPRINGS RD MAR WATER METER:39656 DIEGO DR 131.63 MAR WATER METER:MURR HOT SPRINC 38.47 292.64 182502 04/27/2017 011292 ENVIRONMENTAL SCIENCE MAR SEIR FOR THE PROPOSED OT 17,007.49 17,007.49 ASSOC. TRUAX HOTEL 182503 04/27/2017 000164 ESGIL CORPORATION MAR 17 PLAN CHECK SVCS:COM DEV 9,461.21 9,461.21 182504 04/27/2017 015090 EVAPCO PRODUCTS,INC. APR 17 CONDENSER WTR SYS MAI NT: 566.50 566.50 CIV CENT 182505 04/27/2017 000165 FEDERAL EXPRESS INC 4/6-4/12 EXP.MAIL SVCS: 164.59 164.59 PW/IT/FIRE/CLERK Page-.4 apChkLst Final Check List Page: 5 04/27/2017 9:19:53AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182506 04/27/2017 018954 FLINT TRADING,INC BIKE SHARROWS:VARIOUS BIKE 16,969.35 16,969.35 LANES 182507 04/27/2017 011145 FOSTER,JILL CHRISTINE TCSD INSTRUCTOR EARNINGS 1,646.40 TCSD INSTRUCTOR EARNINGS 840.00 TCSD INSTRUCTOR EARNINGS 2,793.00 5,279.40 182508 04/27/2017 014865 FREIZE UHLER,KIMBERLY UNIFORMS&EMBROIDERY SVCS: 280.00 CODE ENF UNIFORMS&EMBROIDERY SVCS:CODE 130.49 410.49 182509 04/27/2017 016436 FRICK,TRACY REIMB:SUPPLIES:CHAPELOF 250.54 250.54 MEMORIES 182510 04/27/2017 018858 FRONTIER CALIFORNIA,INC. MAR INTERNETSVCS:27415 100.85 ENTERPRISE CIR APR INTERNET SVCS:41000 MAIN ST 2,176.45 APR INTERNET SVCS:41000 MAIN ST 4,344.56 APR INTERNET SVCS:SENIOR CENTER 144.99 6,766.85 182511 04/27/2017 016184 FUN EXPRESS,LLC SUPPLIES:HIGH HOPES PROGRAM 136.44 Supplies:Human Services programs/events 346.67 483.11 182512 04/27/2017 010028 G M BUSINESS INTERIORS TASK CHAIRS:TEMECULA POLICE 1,940.84 DEPT TASK CHAIRS:TEMECULA POLICE DEPT 4,275.23 6,216.07 182513 04/27/2017 001937 GALLS,LLC equip:police volunteers 5.45 equip:police volunteers 4.36 9.81 182514 04/27/2017 004890 GOLDEN STATE FIRE FIRE SPRINKLER INSPECTION:TCC 650.00 PROTECTION FIRE SPRINKLER INSPECTION:JRC 650.00 FIRE SPRINKLER INSPECTION:IWTCM 650.00 FIRE SPRINKLER INSPECTION:MRC 650.00 2,600.00 182515 04/27/2017 003792 GRAINGER HALF MASK RESPIRATORS:CIVIC 80.13 80.13 CENTER 182516 04/27/2017 015451 GREATAMERICA FINANCIAL APR LEASE:16 COPIERS:CITY 607.93 607.93 SVCS HALL/OFF-SITE 182517 04/27/2017 019174 HAITBRINK ASPHALT PAVING, RETENTION RELEASE:PW12-15 10,914.97 10,914.97 INC 182518 04/27/2017 013749 HELIXSTORM INC. FIREWALLANNUAL SUBSCRIPTION 8,580.00 8,580.00 RENEWAL 182519 04/27/2017 004119 J T B SUPPLY COMPANY INC TRAFFIC SIGNAL EQUIPMENT: PW 5,397.20 5,397.20 TRAFFIC Pages apChkLst Final Check List Page: 6 04/27/2017 9:19:53AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182520 04/27/2017 000820 K R W&ASSOCIATES ENG PLAN CHECK&REVIEW SRVCS: 2,580.00 2,580.00 PW 182521 04/27/2017 015358 KELLY PAPER COMPANY,INC. PAPER/BINDING/PCKG SUPP: 2,414.04 2,414.04 CENTRALSVCS 182522 04/27/2017 001091 KEYSER MARSTON MAR PROPOSED ALTAIR SP FISCAL 1,222.50 ASSOCIATES INC IMPACTANA MAR CONSULT SVCS:UPTOWN TEMECI 2,910.00 MAR FISCAL IMPACTANALYSIS:CYPRE: 1,743.75 5,876.25 182523 04/27/2017 017118 KRACH,BREE B. TRAFFIC COMMISSION NAME PLATE: 21.55 21.55 MCGREW 182524 04/27/2017 019508 LARRY WALKER ASSOCIATES, MAR ENVIRON COMPLIANCE SVCS: 10,523.75 10,523.75 INC. NPDES 182525 04/27/2017 004412 LEANDER,KERRY D. TCSD INSTRUCTOR EARNINGS 773.50 TCSD INSTRUCTOR EARNINGS 282.10 TCSD INSTRUCTOR EARNINGS 338.10 1,393.70 182526 04/27/2017 003726 LIFE ASSIST INC CPR SUPPLIES:MEDICS 1,670.99 1,670.99 182527 04/27/2017 003782 MAIN STREET SIGNS PROMOTIONAL MATE RIALS:SPO RTS 451.00 signs and supplies:pw street maint div 212.40 663.40 182528 04/27/2017 004141 MAINTEX INC CUSTODIAL SUPPLIES:VAR PARKS 224.45 CLEANING SUPPLIES:OLD TOWN GARA 548.80 773.25 182529 04/27/2017 000944 MCCAIN TRAFFIC SUPPLY INC TRAFFIC SIGNAL EQUIP:PW TRAFFIC 3,393.00 3,393.00 182530 04/27/2017 019806 MENKE,JENNIFER REFUND:SEC DEP:RM RENTAL:TCC 175.00 175.00 182531 04/27/2017 015259 MERCURY DISPOSAL Household battery recycling program. 268.28 268.28 SYSTEMS,INC. 182532 04/27/2017 018314 MICHAEL BAKER INT'L INC. 1/30-2/26 DSGN SVCS:PECHANGA 1,995.13 1,995.13 PKWY 182533 04/27/2017 016297 MID-AMERICA ARTS ALLIANCE EXHIBIT RENTAL:VIBRANT BOUNTY 3,000.00 EXHIBIT RENTAL:ONCE UPONATIME 850.00 3,850.00 182534 04/27/2017 013443 MIDWEST TAPE LLC Misc DVD's,books on CD,audio 230.70 230.70 182535 04/27/2017 004043 MISSION ELECTRIC SUPPLY, ELECTRICAL SUPPLIES:VAR PARK 1,266.16 1,266.16 INC SITES Pages apChkLst Final Check List Page: 7 04/27/2017 9:19:53AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182536 04/27/2017 004040 MORAMARCO,ANTHONY J. EGG HUNT 400.00 400.00 182537 04/27/2017 002925 NAPAAUTO PARTS AUTO PARTS&MISC SUPPLIES-TCC 5.75 AUTO PARTS&MISC SUPPLIES-TCC 84.26 AUTO PARTS&MISC SUPPLIES-TCC 67.94 157.95 182538 04/27/2017 018402 NEWSMINDED,INC 2/26/-3/25 NEWSPAPER 125.00 125.00 DELIVERY:MPSC 182539 04/27/2017 014391 NICHOLS,KELLIE D. TCSD INSTRUCTOR EARNINGS 453.60 TCSD INSTRUCTOR EARNINGS 428.40 TCSD INSTRUCTOR EARNINGS 453.60 TCSD INSTRUCTOR EARNINGS 352.80 TCSD INSTRUCTOR EARNINGS 176.40 TCSD INSTRUCTOR EARNINGS 352.80 2,217.60 182540 04/27/2017 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES:HR 8.05 DIV OFFICE SUPPLIES:HR 413.05 OFFICE SUPPLIES:HR 27.94 OFFICE SUPPLIES:PW CIP 68.50 OFFICE SUPPLIES:PW DEPTS 330.55 OFFICE SUPPLIES:FINANCE 11.72 OFFICE SUPPLIES:FINANCE 100.02 959.83 182541 04/27/2017 002105 OLD TOWN TIRE&SERVICE CITY VEHICLE MAINT SVCS:FIRE PREV 252.16 CITY VEHICLE MAINT SVCS:FIRE PREV 84.78 336.94 182542 04/27/2017 002105 OLD TOWN TIRE&SERVICE CITY VEHICLE MAINT SVCS:PW PARKS 155.37 MAINT CITY VEHICLE MAINT SVCS:PW STREET 238.89 394.26 182543 04/27/2017 002105 OLD TOWN TIRE&SERVICE CITY VEHICLE MAI NT SVCS:INFO 33.17 33.17 TECH 182544 04/27/2017 017888 PACIFIC HYDROBLASTING INC INTERIOR FACILITY REHAB:LIBRARY 2,680.00 2,680.00 182545 04/27/2017 002800 PACIFIC STRIPING INC ANN'L CITYWIDE TRAFFIC 138,533.32 138,533.32 STRIPING-VAR STRE 182546 04/27/2017 015923 PCMG WIRELESS HEADSETS:LIBRARY 1,058.13 1,058.13 182547 04/27/2017 019807 PETWORKSHOPS,LLC REFUND:SEC DEP:RM RENTAL:CONF 150.00 150.00 CTR A/B 182548 04/27/2017 012818 PLANETBIDS INC 4/1/17-3/31/18 ONLINE BID SYS 24,500.00 24,500.00 RENEWAL:IT Page:7 apChkLst Final Check List Page: 8 04/27/2017 9:19:53AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182549 04/27/2017 005075 PRUDENTIAL OVERALL CREDIT:BILLING ADJ/PW STREET -50.00 SUPPLY MAINT MAR FLR MATS/UNIFORMS/TOWELS:CIT 917.55 867.55 182550 04/27/2017 019809 RAMSEY, DONNA REFUND:BAL.ADJ.FOR OVERPMT 305.00 305.00 86707 182551 04/27/2017 000262 RANCHO CALIF WATER MAR VAR WATER METERS:PW YMCA 350.55 DISTRICT APR VAR WATER METERS:TCSD SVC LE 14,226.95 MAR LNDSCP WATER METER:CALLE ELE 34.60 MAR LNDSCP WATER METER:41951 MOF 941.31 15,553.41 182552 04/27/2017 000353 RIVERSIDE CO AUDITOR MAR'17 PRKG CITATION 4,937.00 4,937.00 ASSESSMENTS 182553 04/27/2017 000406 RIVERSIDE CO SHERIFFS 03/02/17-03/2917 LAW ENFORCEMENT 1,747,467.62 1,747,467.62 DEPT 182554 04/27/2017 001365 RIVERSIDE,COUNTY OF 6/1/17-5/31/18 RENEW PERMIT:CIVIC 798.00 798.00 CENTER 182555 04/27/2017 012251 ROTH,DONALD J. TCSD INSTRUCTOR EARNINGS 567.00 TCSD INSTRUCTOR EARNINGS 630.00 1,197.00 182556 04/27/2017 004274 SAFE&SECURE LOCKSMITH LOCKSMITH SRVCS:PARKING GARAGE 20.00 20.00 182557 04/27/2017 007345 SAN DIEGO STATE U 5/1/17-4/30/18 RADIO TOWER LEASE:IT 6,927.96 6,927.96 FOUNDATION 182558 04/27/2017 017699 SARNOWSKI,SHAWNA,M PHOTOGRAPHY:GROW SYMPOSIUM 150.00 PRESTON PHOTOGRAPHY-CIRCUSVARGAS:HUMA 150.00 300.00 182559 04/27/2017 017464 SCRUBS AC INC UNIFORMS/LAB 447.99 447.99 COATS:PENNYPICKLE'S STAFF 182560 04/27/2017 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 04/20/17 553.00 553.00 182561 04/27/2017 015235 SMOKE GUARD CALIFORNIA, ELEVATOR FIRE CURTAINS MAINT: 1,500.00 1,500.00 INC. CIVIC CTR 182562 04/27/2017 000537 SO CALIF EDISON MAR 2-31-693-9784:26036 YNEZ RD 350.36 TC1 MAR 2-29-974-7568:26953 YNEZ RD TC1 106.64 APR 2-26-887-0789:40233 VILLAGE RD 1,466.53 MAR 2-00-397-5059:33340 CAMINO PI EDF 9,241.76 MAR 2-31-419-2659:26706 YNEZ RD TC1 152.01 MAR 2-33-237-4818:30499 RANCHO CAL 104.85 MAR 2-29-223-9571:30395 MURR HOT SP 46.70 11,468.85 Page 8 apChkLst Final Check List Page: 9 04/27/2017 9:19:53AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182563 04/27/2017 001212 SO CALIF GAS COMPANY MAR 055-475-6169-5:32380 186.55 DEERHOLLOW WAY MAR 015-575-0195-2:32211 WOLF VLY RC 120.68 307.23 182564 04/27/2017 000519 SOUTH COUNTY PEST PEST CONTROL SRVCS:PBSP 70.00 CONTROLINC PEST CONTROL SRVCS:WOLF CREEK Pj 49.00 PEST CONTROL SRVCS:STA 92 42.00 PEST CONTROL SRVCS:T.E.S. 59.00 PEST CONTROL SRVCS:MARGARITA SPI 49.00 PEST CONTROL SRVCS:DUCK POND 49.00 318.00 182565 04/27/2017 016257 SPICERS PAPER,INC. WHITE COPY PAPER:CENTRAL 3,981.73 3,981.73 SERVICES 182566 04/27/2017 019808 SPURGETIS,JAMES REFUND:BAL.ADJ.:VIOL.DISMISSAL 330.00 330.00 320457 182567 04/27/2017 019250 ST.FRANCIS ELECTRIC,LLC ON-CALL SGNL MAINT:T.PKWY/KEVIN 3,554.38 3,554.38 PL 1/12/ 182568 04/27/2017 000293 STADIUM PIZZA INC REFRESHMENTS:HUMAN SRVCS 47.87 47.87 4/11/17 182569 04/27/2017 008337 STAPLES BUSINESS CREDIT:RETURNED OFFICE -38.32 ADVANTAGE SUPPLIES/PW TRAF OFFICE SUPPLIES:PW TRAFFIC 38.32 OFFICE SUPPLIES:PW TRAFFIC 44.54 44.54 182570 04/27/2017 002366 STEAM SUPERIOR CARPET CARPET CLEANING SRVCS:CRC 100.00 100.00 CLEANING 182571 04/27/2017 019811 STOLTZ,GERHARD REFUND:BAL.ADJ.:VIOL.DISMISSAL 50.00 50.00 87179 182572 04/27/2017 001546 STRAIGHT LINE GLASS GLASS DOOR MAINT:POLICE O.T. 125.00 125.00 STOREFRONT 182573 04/27/2017 013387 SWEEPING UNLIMITED INC APR SWEEPING SRVCS:PARKING 540.00 540.00 GARAGE 182574 04/27/2017 003599 TY LIN INTERNATIONAL 1/28-2/24 SVCS:F.V.PKWY/115OVRCRS 78,343.38 78,343.38 PH II 182575 04/27/2017 017131 TEMECULA HILLS CHRISTIAN REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 182576 04/27/2017 003677 TEMECULA MOTORSPORTS MOTORCYCLE 869.50 869.50 LLC REPAIR/MAINT:TEM.P.D. Page9 apChkLst Final Check List Page: 10 04/27/2017 9:19:53AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182577 04/27/2017 010046 TEMECULA VALLEY FEB'17 BUS.IMPRV DISTRICT 122,651.96 122,651.96 CONVENTION& ASMNTS 182578 04/27/2017 005970 TEMECULA VALLEY PLAYERS "ANNIE GET YOUR GUN"4/13-23/17 8,826.28 8,826.28 182579 04/27/2017 013536 THE GIVING INTERNATIONAL REFUND:SEC DEP:PICNIC 200.00 200.00 RENTAL:RRSP 182580 04/27/2017 018457 THYCOTIC SOFTWARE,LLC SERVER PW MGMT RENEWAL]NFO 895.40 895.40 TECH 182581 04/27/2017 010276 TIME WARNER CABLE APR HIGH SPEED INTERNET:29119 348.13 MARGARITA APR HIGH SPEED INTERNET:32364OVEI 54.99 APR HIGH SPEED INTERNET-.32211 WOLI 180.65 583.77 182582 04/27/2017 019100 TNT ENTERTAINMENT GROUP DJ&SOUND:EASTER EGG HUNT 350.00 350.00 LLC 4/15/17 182583 04/27/2017 017565 TRAFFIC MANAGEMENT INC. PARTS&SAFETY SUPPLIES:STREET 3,852.28 MAI NT PARTS&SAFETY SUPPLIES:STREET MA 1,276.85 TRAFFIC SUPPLIES:PW STREET MAINT 3,323.60 8,452.73 182584 04/27/2017 012344 TRANSPORTATION CONCEPTS SHUTTLE SERVICES:ROD RUN 3/4/17 2,976.00 2,976.00 182585 04/27/2017 019464 TRIAD CONSULTING&SYSTEM PROJECT MGMT SRVCS 36,374.00 36,374.00 SURVEILLANCE SYS:IT 182586 04/27/2017 000161 TYLER TECHNOLOGIES,INC ENERGOV CONSULTING SRVCS:INFO 500.00 500.00 TECH 182587 04/27/2017 002702 U S POSTAL SERVICE JAN'17 POSTAGE METER DEPOSIT 2,935.96 2,935.96 182588 04/27/2017 008977 VALLEY EVENTS,INC. RENTAL EQUIP:(3)BUNNY CHAIRS 160.00 4/15/17 RENTAL EQUIP:SPECIAL GAMES 4/22 551.00 711.00 182589 04/27/2017 006248 WALKER,JESSICA TCSD INSTRUCTOR EARNINGS 319.20 319.20 182590 04/27/2017 007987 WALMART MISC MAI NT SUPPLIES:PW STREET 251.78 251.78 MAI NT 182591 04/27/2017 007987 WALMART EXHIBIT MAINTSUPPLIES:TVM 233.45 233.45 182592 04/27/2017 001342 WAXIE SANITARY SUPPLY INC CUSTODIAL SUPPLIES:PARKS/CIVIC 412.30 412.30 CENTER Page:10 apChkLst Final Check List Page: 11 04/27/2017 9:19:53AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182593 04/27/2017 019727 WEATHERSBY,LESLIE C. SEC.DEPOSIT:MERC RENTAL 4/21/17 55.00 55.00 182594 04/27/2017 003730 WEST COAST ARBORISTS INC 3/16-31/17 TREE TRIMS:WNCHSTR 3,916.00 CRK SLOPE 3/16-31/17 TREE TRIMS:HARVESTON SL( 16,999.00 3/16-31/17 TREE TRIMS:WOODCREST SL 2,291.00 3/16-31/17 EMERG TREE TRIMS:SLOPES 439.00 3/16-31/17 TREES MAINT:CAMPOS VERD 3,560.00 27,205.00 182595 04/27/2017 019796 WHITE,JOHN REFUND:ENG GRAD DEP:LD16-0364 3,000.00 3,000.00 182596 04/27/2017 004567 WITCHER ELECTRIC OUTDOOR LIGHTS:OLD TOWN 775.00 ARCHES REHAB ELECTRICAL REPAIRS:CRC 1,030.00 1,805.00 1001565 04/20/2017 019797 ANDREWS,PERRI REFUND:DADDY/DAUGHTER 16.00 16.00 SUPERHERO DATE 1001566 04/20/2017 018916 GARDINER,JODI REFUND:SEC DEP:PICNIC 200.00 200.00 RENTAL:PALA PARK 1001567 04/20/2017 019798 JOSEPH,MEGAN REFUND:HEART SAVER CPR/AED 50.00 50.00 8250.109 1001568 04/20/2017 018344 RAMIREZ,BRENDA REFUND:WONDERS!SPEED MATH 65.00 65.00 1800.103 1001569 04/20/2017 019799 ROMEO,ILDA REFUND:PETITE CHEFS 1665.103 59.00 59.00 1001570 04/21/2017 019800 CASSIDA,LISA REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 1001571 04/21/2017 018616 HILL,STEVE REFUND:WONDERS!SPEED MATH 65.00 65.00 1800.103 1001572 04/21/2017 019315 HOPE LUTHERAN CHURCH REFUND:SEC DEP:PICNIC 200.00 200.00 RENTAL:RRSP 1001573 04/21/2017 019801 PINA,MARIBEL REFUND:SEC DEP:RM RENTAL:TCC 150.00 150.00 1001574 04/21/2017 019802 QUEZADA,GUADALUPE REFUND:SEC DEP:RM RENTAL:TCC 150.00 150.00 1001575 04/21/2017 019803 SULLIVAN,DANIEL REFUND:SEC DEP:RM RENTAL:CONF 300.00 300.00 CTR A/B 1001576 04/21/2017 019804 TUESDAY'S TOGETHER REFUND:SEC DEP:RM RENTAL:CONF 200.00 200.00 CTR A/B Page:11 apChkLst Final Check List Page: 12 04/27/2017 9:19:53AM CITY OF TEMECULA Grand total for UNION BANK: 2,485,041.85 Page:12 apChkLst Final Check List Page: 13 04/27/2017 9:19:53AM CITY OF TEMECULA 141 checks in this report. Grand Total All Checks: 2,485,041.85 Page:13 apChkLst Final Check List Page: 1 05/04/2017 11:26:15AM CITY OF TEMECULA Bank: union UNION BANK Check# Date Vendor Description Amount Paid Check Total 3323 05/04/2017 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 1,008.45 1,008.45 SUPPORT 3324 05/04/2017 017429 COBRAADVANTAGE INC.,DBA: CHILD CARE REIMBURSEMENT FSA 5,495.21 5,495.21 FLEX ADVANTAGE PAYMENT 3325 05/04/2017 000194 1 C M A RETIREMENT-PLAN I C M A RETIREMENT TRUST 457 9,414.72 9,414.72 303355 PAYMENT 3326 05/04/2017 000444 INSTATAX(EDD) STATE TAXES PAYMENT 22,761.20 22,761.20 3327 05/04/2017 000283 1NSTATAX(IRS) FEDERAL INCOME TAXES PAYMENT 84,405.41 84,405.41 3328 05/04/2017 000389 NATIONWIDE RETIREMENT OBRA-PROJECT RETIREMENT 2,514.46 2,514.46 SOLUTION PAYMENT 3329 05/04/2017 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 10,267.35 10,267.35 SOLUTION 3330 05/04/2017 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT 442.44 442.44 SOLUTION PAYMENT 3331 05/04/2017 000246 PERS(EMPLOYEES' PERS EMPLOYEE RETIREMENT 37,898.66 37,898.66 RETIREMENT) PAYMENT 3332 05/04/2017 000245 PERS-HEALTH INSUR PERS HEALTH COST PAYMENT 107,513.12 PREMIUM PERS HEALTH COST PAYMENT 0.00 107,513.12 182597 05/04/2017 002786 4N6XPRTSYSTEMS 2017 UPDATE:FORENSIC 235.00 235.00 SOFTWARE:POLICE 182598 05/04/2017 004973 ABACHERLI,LINDI TCSD INSTRUCTOR EARNINGS 420.00 420.00 182599 05/04/2017 016764 ABM BUILDING SERVICES,LLC HVAC MAI NT SRVC:MARG REC 189.73 CENTER HVAC REPAIRS:LIBRARY&CIVIC CENTE 89.48 HVAC MAI NT SRVC:CRC 193.86 PREV MAINT ON HVACS:CIVIC CENTER 328.08 801.15 182600 05/04/2017 004802 ADLERHORST INTERNATIONAL Training&equipment:Police K-9 unit 350.00 350.00 LLC 182601 05/04/2017 010904 AFECO INC FIRE EQUIPMENT:STA84 43.02 43.02 Page:1 apChkLst Final Check List Page: 2 05/04/2017 11:26:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182602 05/04/2017 015217 AIRGAS,INC. DRY ICE FOR 16.91 16.91 EXPERIMENTS:PENNYPICKLE'S 182603 05/04/2017 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING AND MAI NT:THEATER 185.00 185.00 182604 05/04/2017 007282 AMAZON.COM,INC BOOKS/COLLECTIONS:LIBRARY 16.27 BOOKS/COLLECTIONS:LI BRARY 32.54 BOOKS/COLLECTIONS:LI BRARY 131.43 BOOKS/COLLECTIONS:LI BRARY 30.12 BOOKS/COLLECTIONS:LI BRARY 32.54 242.90 182605 05/04/2017 000747 AMERICAN PLANNING '171ES-APA AWARDS PRGM 5/18/17 120.00 120.00 ASSOCIATION LW/LL/MP 182606 05/04/2017 011304 AMEZCUA,MICHELLE FIRE INSPECTOR CLASS 1C& 81.83 81.83 1 D:4/10-12 182607 05/04/2017 017149 B G P RECREATION,INC. TCSD INSTRUCTOR EARNINGS 421.40 TCSD INSTRUCTOR EARNINGS 306.02 TCSD INSTRUCTOR EARNINGS 331.10 1,058.52 182608 05/04/2017 011666 B P S TACTICAL INC tactical ballistic vest covers:tem 998.33 998.33 182609 05/04/2017 015592 BAMM PROMOTIONAL UNIFORM SHIRTS:INFO TECH 440.32 PRODUCTS,INC SUMMER DAY CAMP SHIRTS&PROMO 1 292.65 SUMMER DAY CAMP SHIRTS&PROMO 1 3,391.43 4,124.40 182610 05/04/2017 018101 BARN STAGE COMPANY INC, STTLMNT:CABARET...MERC 04/30/17 777.00 777.00 THE 182611 05/04/2017 013482 BAS SECURITY SECURITY SRVCS:VAR TCSD 1,093.50 FACILITIES SECURITY SRVCS:VAR TCSD FACILITIES 729.00 1,822.50 182612 05/04/2017 014284 BLAKELY'S TRUCK SERVICE EQUIP&VEH REPAIRS:PW STREET 1,310.13 MAI NT EQUIP&VEH REPAIRS:PW STREET MAI 464.26 1,774.39 182613 05/04/2017 012583 BLANCAY PRICE MAR'17 LDSCP PLAN CHECK& 8,255.00 8,255.00 INSPECTION SV 182614 05/04/2017 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS 24.00 24.00 CHARITIES,C/O WELLS FARGO BANK 182615 05/04/2017 014279 COPPERHEAD CONSULTANTS, desserts:Mother's Day Tea:MPSC 256.95 256.95 LLC Page2 apChkLst Final Check List Page: 3 05/04/2017 11:26:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182616 05/04/2017 002631 COUNTS UNLIMITED INC TRAFFIC COUNT DATA COLLECTION: 1,260.00 PW TRAFFIC COUNT DATA COLLECTION:PN 3,720.00 TRAFFIC COUNT DATA COLLECTION:PN 450.00 5,430.00 182617 05/04/2017 010650 CRAFTSMEN PLUMBING& install carpet tiles:children's museum 1,600.00 1,600.00 HVAC INC 182618 05/04/2017 019251 CREME DE LA CREME BAKERY desserts:Mother's Day Tea:MPSC 89.50 89.50 182619 05/04/2017 018491 CRONBERG PHOTOGRAPHY TCSD INSTRUCTOR EARNINGS 336.00 336.00 182620 05/04/2017 019325 CROWELL,PAULA ISC WEST'17 SECURITY TRADESHOW 417.21 417.21 4/5-6 182621 05/04/2017 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOMS:GREATOAK 55.86 SRVCS HS PORTABLE RESTROOMS:GREAT OAK H; 55.96 111.82 182622 05/04/2017 004192 DOWNS ENERGY FUEL& FUEL FOR CITY VEHICLES:PUBLIC 963.88 LUBRICANTS WORKS FUEL FOR CITY VEHICLES:PUBLIC WOF 896.74 FUEL FOR CITY VEHICLES:BLDG&SAFE 218.35 FUEL FOR CITY VEHICLES:CODE ENF 84.29 FUEL FOR CITY VEHICLES:LAND DEV 83.47 FUEL FOR CITY VEHICLES:TRAFFIC DIV 145.25 FUEL FOR CITY VEHICLES:TCSD 445.89 FUEL FOR CITY VEHICLES:POLICE DEP' 48.90 2,886.77 182623 05/04/2017 002390 EASTERN MUNICIPAL WATER MAR WATER METER:39569 448.93 448.93 DIST SERAPHINA RD 182624 05/04/2017 004592 EBS GENERAL ENGINEERING, CITYWIDE CONCRETE REPAIRS:PW 100,499.07 100,499.07 INC. CIP 182625 05/04/2017 011202 EMH SPORTS USA,INC TCSD INSTRUCTOR EARNINGS 227.50 TCSD INSTRUCTOR EARNINGS 505.40 TCSD INSTRUCTOR EARNINGS 350.00 1,082.90 182626 05/04/2017 001056 EXCEL LANDSCAPE,INC. solar controllers:signet series slope 4,620.00 I RRIG SOLAR CONTROLLERS:MIRADA S 1,980.00 irrig controllers:vintage hills slope 10,560.00 UPGRADED IRRIG CONTROLLERS:CRC 5,280.00 22,440.00 182627 05/04/2017 017432 EYEMED VISION CARE VISION PLAN PAYMENT 874.68 874.68 182628 05/04/2017 015330 FAIR HOUSING COUNCIL FY 16/17 CDBG SUB-RECIPIENT 1,890.04 1,890.04 Page3 apChkLst Final Check List Page: 4 05/04/2017 11:26:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182629 05/04/2017 017736 FEAST CALIFORNIA CAFE,LLC sandwiches:Mother's Day Tea:MPSC 391.14 RFRSHMNTS:ART OFF THE WALLS 5/5 409.45 800.59 182630 05/04/2017 013937 FIRSTAMERICAN TITLE TITLE REPORT FOR RANCHO CREEK 750.00 750.00 INSURANCE APTS 182631 05/04/2017 000380 FIRST STUDENT CHARTER EXCURSION:YOUTHADVISORY 955.15 955.15 COUNCIL 6/7/17 182632 05/04/2017 003281 FOREMOST PROMOTIONS CRIME PREVENTION PROMO 13,115.50 13,115.50 ITEMS:POLICE 182633 05/04/2017 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 453.03 453.03 182634 05/04/2017 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 150.00 150.00 182635 05/04/2017 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 126.00 126.00 182636 05/04/2017 002982 FRANCHISE TAX BOARD LEVY 0.35 0.35 182637 05/04/2017 016436 FRICK,TRACY REIMB:CALIF ASSOC MUSEUM CONF 693.67 693.67 3/2-3/31 182638 05/04/2017 018858 FRONTIER CALIFORNIA,INC. MAR INTERNETSVCS:THEATER 147.50 APR INTERNET SVCS:LIBRARY 184.99 332.49 182639 05/04/2017 016184 FUN EXPRESS,LLC Supplies:Human Services 10.00 programs/events Supplies:Human Services programs/events 172.68 182.68 182640 05/04/2017 004890 GOLDEN STATE FIRE FIRE SPRINKLER SYSTEM:STA 73 850.00 PROTECTION replace fire sprinklers:senior center 1,460.00 2,310.00 182641 05/04/2017 009608 GOLDEN VALLEY MUSIC STTLMNT:CLASSICS...MERCAPR 2017 291.90 291.90 SOCIETY 182642 05/04/2017 016131 GREEN GUARD SERVICES,INC KITCHEN HOOD CLEANING:PBSP 450.00 KITCHEN HOOD CLEANING:MPSC 275.10 KITCHEN HOOD CLEANING:CRC 367.50 1,092.60 182643 05/04/2017 012748 HARDY&HARPER I NC replace asphalt:enterprise cir s:winch 35,665.38 35,665.38 182644 05/04/2017 017226 IMSA CERTIFICATION TRAFFIC SIGNAL WORKSHOP:URIBE 140.00 140.00 6/19-6/20 Page-.4 apChkLst Final Check List Page: 5 05/04/2017 11:26:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182645 05/04/2017 006914 INNOVATIVE DOCUMENT MAR 17 COPIER 5,909.63 SOLUTIONS MAI NT/REPAI R/USAGE:CITYWI D MAR 17 COPIER MAINT/REPAIR/USAGE:( 649.70 6,559.33 182646 05/04/2017 001407 INTER VALLEY POOLSUPPLY SANITIZING CHEMICALS:VARIOUS 1,044.00 1,044.00 INC POOLS 182647 05/04/2017 012883 JACOB'S HOUSE INC EMPLOYEE CHARITY DONATIONS 40.00 40.00 PAYMENT 182648 05/04/2017 018352 JAMES ELLIOTT ENTERTAINMENT:THEATER 4/27/17 1,600.00 1,600.00 ENTERTAINMENT, 182649 05/04/2017 000488 KNOTTS BERRY FARM TICKETS:EXCURSION YAC 6/7/17 1,055.50 1,055.50 182650 05/04/2017 013797 LA JOLLA BOOKING AGENCY STTLMNT:ABBA SHOW 4/28/17 6,440.00 6,440.00 182651 05/04/2017 004905 LIEBERT,CASSIDY& MAR HR LEGAL SVCS FOR 8,947.60 8,947.60 WHITMORE TE060-00001 182652 05/04/2017 013982 M C I COMM SERVICE APR XXX-0346 GENERAL USAGE 33.20 APR XXX-0714 GEN USAGE:PD MALLAD 34.56 67.76 182653 05/04/2017 003782 MAIN STREET SIGNS Purchse of misc traffic signs: pw 1,978.05 signs and supplies:pw street maint div 2,716.03 signs and supplies:pw street maint div 915.88 5,609.96 182654 05/04/2017 018675 MDG ASSOCIATES,INC. MAR.'17 CDBG ADMIN SRVCS 2,413.75 2,413.75 182655 05/04/2017 013443 MIDWEST TAPE LLC MISC DVD'S,BOOKS IN ALL FORMATS 43.49 43.49 182656 05/04/2017 012962 MILLER,MISTY TCSD INSTRUCTOR EARNINGS 399.00 TCSD INSTRUCTOR EARNINGS 136.50 TCSD INSTRUCTOR EARNINGS 239.40 774.90 182657 05/04/2017 004043 MISSION ELECTRIC SUPPLY, LED STREET LIGHT BULBS:OLD 1,829.18 1,829.18 INC TOWN 182658 05/04/2017 004040 MORAMARCO,ANTHONY J. TCSD INSTRUCTOR EARNINGS 189.00 TCSD INSTRUCTOR EARNINGS 220.50 TCSD INSTRUCTOR EARNINGS 308.00 TCSD INSTRUCTOR EARNINGS 56.00 TCSD INSTRUCTOR EARNINGS 448.00 1,221.50 182659 05/04/2017 016883 MUNICIPAL MANAGEMENT REGION 4 EVENT 5/18/17 LW/MP 20.00 20.00 Pages apChkLst Final Check List Page: 6 05/04/2017 11:26:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182660 05/04/2017 004490 MUSCO SPORTS LIGHTING INC FIELD LAMPS:RRSP NORTH SOUTH 8,806.34 8,806.34 FIELDS 182661 05/04/2017 001986 MUZAK LLC MAY DISH NETWORK 65.11 PROGRAMING:41952 6TH ST MAY DISH NETWORK PROGRAMING:FO( 151.27 216.38 182662 05/04/2017 018402 NEWSMINDED,INC 3/26-4/22 NEWSPAPER 125.00 125.00 DELIVERY:MPSC 182663 05/04/2017 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES:HR 7.42 7.42 DIV 182664 05/04/2017 002105 OLD TOWN TIRE&SERVICE CITY VEHICLE MAINT SVCS:PW PARKS 113.21 MAINT CITY VEHICLE MAINT SVCS:PW STREET 464.01 577.22 182665 05/04/2017 002105 OLD TOWN TIRE&SERVICE CITY VEHICLE MAINT SVCS:INFO 37.51 37.51 TECH 182666 05/04/2017 017888 PACIFIC HYDROBLASTING INC RESURFACE PAINT 5,700.00 EXTERIOR:LIBRARY REHAB ADD'L PAINTING SRVCS:LIBRARY REHA 4,742.50 10,442.50 182667 05/04/2017 015923 PCMG MONITOR LIFECYCLE 2,538.26 2,538.26 REPLACEMENT:INFO TECH 182668 05/04/2017 000249 PETTY CASH PETTY CASH REIMBURSEMENT 921.71 921.71 182669 05/04/2017 017431 PLIC-SBD GRAND ISLAND DENTAL INSURANCE PAYMENT 9,124.62 9,124.62 182670 05/04/2017 010338 POOL&ELECTRICAL SUPPLIES&CHEMICALS:VAR POOLS 37.72 37.72 PRODUCTS INC 182671 05/04/2017 005820 PRE-PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT 342.85 342.85 INC 182672 05/04/2017 014957 PRN PRODUCTIONS COMEDY @ THE MERC 4/29/17 190.40 190.40 182673 05/04/2017 004029 R J M DESIGN GROUP INC MAR CONSULTANT SRVCS:MARG. 6,000.45 6,000.45 COMMUNITY CTR 182674 05/04/2017 000262 RANCHO CALIF WATER APR VAR WATER METERS:FIRE STNS 471.95 DISTRICT APR VAR WATER METERS:TCSD SVC LE 17,938.78 MAR WATER METER:30875 RANCHO VIS 519.36 APR VAR WATER METERS:PW VAR SITE: 2,754.88 21,684.97 182675 05/04/2017 000947 RANCHO REPROGRAPHICS REPROGRAPHIC SRVCS FOR SLURRY 317.12 SEAL:PW REPROGRAPHIC SRVCS FOR OVERLAN 352.35 669.47 Pages apChkLst Final Check List Page: 7 05/04/2017 11:26:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182676 05/04/2017 001592 RIVERSIDE CO INFO MAR EMERG RADIO RENTAL& 2,839.80 2,839.80 TECHNOLOGY REPAIR:PD MOTOR 182677 05/04/2017 000357 RIVERSIDE CO SLURRY SEAL IMPRVS ON MURR.HOT 20,075.00 20,075.00 TRANSPORTATION SPRINGS 182678 05/04/2017 004822 RIVERSIDE TRANSITAGENCY MAR'17TRANSIT 1,945.47 1,945.47 AGRMNT:HARVESTON SHUTTLE 182679 05/04/2017 017549 ROSEN&ROSEN INDUSTRIES, MISC MAINT SUPPLIES:PW STREET 502.13 INC. MAINT MISC MAINT SUPPLIES:PW STREET MAII 4.50 506.63 182680 05/04/2017 012251 ROTH,DONALD J. TCSD INSTRUCTOR EARNINGS 140.00 140.00 182681 05/04/2017 013375 RUSSO,ERICA GIANT DEMO CK:VFW DONATION 139.11 139.11 182682 05/04/2017 017699 SARNOWSKI,SHAWNA,M PHOTOGRAPHY SRVCS:EASTER 150.00 150.00 PRESTON EVENTS 182683 05/04/2017 018012 SAUNDERS,CATHY TCSD INSTRUCTOR EARNINGS 261.80 TCSD INSTRUCTOR EARNINGS 285.60 TCSD INSTRUCTOR EARNINGS 302.40 TCSD INSTRUCTOR EARNINGS 302.40 TCSD INSTRUCTOR EARNINGS 302.40 1,454.60 182684 05/04/2017 017365 SELSTAD,LONNIE DIXIELAND @ THE MERC 4/23/17 1.05 1.05 182685 05/04/2017 008529 SHERIFF'S CIVIL DIV- SUPPORT PAYMENT 737.38 737.38 CENTRAL 182686 05/04/2017 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 4/27/17 555.00 555.00 182687 05/04/2017 013695 SHRED-IT US JV,LLC 3/30,4/5 DOC SHRED 116.58 SRVCS:POLICE/CITY FA 4/5 DOC SHRED SRVCS:POLICE O.T.ST( 17.37 133.95 Page:7 apChkLst Final Check List Page: 8 05/04/2017 11:26:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182688 05/04/2017 000537 SO CALIF EDISON APR 2-35-164-3242:44270 MEADOWS 24.01 PKWY APR 2-34-624-4452:32131 S LOOP RD LO492.00 MAR 2-30-099-3847:29721 RYECREST 23.09 MAR 2-27-560-0625:32380 DEERHOLLOV� 2,779.25 MAR 2-30-296-9522:46679 PRIMROSE AVI 446.79 APR 2-35-164-3770:43487 BUTTERFIELD 25.79 APR 2-35-164-3663:42335 MEADOWS PKC 24.28 APR 2-35-164-3515:32932 LEENA WAY 24.28 APR 2-28-904-7706:32329 OVERLAND TR 138.31 APR 2-33-357-5785:44747 REDHAWK PKb 44.91 MAR 2-28-331-4847:32805 PAUBA RD LS3 102.40 APR 2-21-981-4720:30153 TEM PKWY TPI 20.55 4,145.66 182689 05/04/2017 001212 SO CALIF GAS COMPANY APR 196-025-0344-3:42081 MAIN ST 72.65 APR 101-525-1560-6:27415 ENTERPRISE 94.97 MAR 095-167-7907-2:30650 PAUBA RD 196.46 APR 117-188-6393-6:32131 S LOOP RD 22.73 APR 181-383-8881-6:28314 MERCEDES S 44.31 APR 129-535-4236-7:41000 MAIN ST 1,130.61 APR 129-582-9784-3:43230 BUS PARK DF 89.35 APR 021-725-0775-4:41845 6TH ST 86.54 APR 091-024-9300-5:30875 RANCHO VISI 1,387.34 APR 101-525-0950-0:28816 PUJOL ST 58.40 APR 098-255-9828-8:29119 MARGARITA F 58.37 APR 133-040-7373-0:43210 BUS PARK DF 18.06 MAR 125-244-2108-3:30600 PAUBA RD 236.82 APR 026-671-2909-8:42051 MAIN ST 155.02 APR 028-025-1468-3:41375 MCCABE CT 24.62 3,676.25 182690 05/04/2017 000519 SOUTH COUNTY PEST PEST CONTROL SRVCS:FI RE STA 95 80.00 CONTROL INC PEST CONTROL SRVCS:WOLF CREEK F 94.00 174.00 182691 05/04/2017 005786 SPRINT 3/20-4/19 BUS FUSION M2M:POLICE 110.00 110.00 182692 05/04/2017 019250 ST.FRANCIS ELECTRIC,LLC MAR TRAFFIC ON-CALL SGNL MAINT 499.93 SRVCS:PW TRAFFIC LOOP REPLACEMENT:PW MAII 4,325.00 4,824.93 182696 05/04/2017 007762 STANDARD INSURANCE BASIC LIFE INSURANCE PAYMENT 7,786.56 7,786.56 COMPANY 182697 05/04/2017 012723 STANDARD INSURANCE VOLUNTARY SUPP LIFE INSURANCE 856.66 856.66 COMPANY PAYMENT 182698 05/04/2017 015648 STEIN,ANDREW MISC SUPPLIES:SPECIAL EVENT 889.01 889.01 PGRM Page 8 apChkLst Final Check List Page: 9 05/04/2017 11:26:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182699 05/04/2017 016262 STEVE ADAMIAK GOLF TCSD INSTRUCTOR EARNINGS 504.00 INSTRUCTION TCSD INSTRUCTOR EARNINGS 672.00 TCSD INSTRUCTOR EARNINGS 294.00 TCSD INSTRUCTOR EARNINGS 315.00 TCSD INSTRUCTOR EARNINGS 252.00 2,037.00 182700 05/04/2017 019018 SUNRUN INSTALLATION REFUND:80%BLDG FEES316-3852, 182.88 182.88 3854 182701 05/04/2017 003599 TY LIN INTERNATIONAL 2/25/17-3/31/17 SVCS:F.V.PKWY/1-15 PH 112,890.65 112,890.65 11 182702 05/04/2017 013357 TEAM EVANGELICAL FY 16/17 CDBG SUB-RECIPIENT 2,398.46 2,398.46 ASSISTANCE 182703 05/04/2017 001547 TEAMSTERS LOCAL 911 UNION DUES PAYMENT 4,793.00 4,793.00 182704 05/04/2017 003941 TEMECULA WINNELSON PLUMBING SUPPLIESMAR 574.07 574.07 COMPANY PARKS/CIVIC CENTER 182705 05/04/2017 010276 TIME WARNER CABLE APR HIGH SPEED INTERNET:40820 1.60 WINCHESTER APR HIGH SPEED INTERNET:41000 MAIN 4,278.40 4,280.00 182706 05/04/2017 017430 TRANSAMERICA LIFE TRANSAMERICA ACCIDENT ADVANTAG 2,855.75 2,855.75 INSURANCE CO PAYMENT 182707 05/04/2017 019464 TRIAD CONSULTING&SYSTEM C/O#1 PRJT MGMT SRVCS 5,280.00 5,280.00 SURVEILLANCE SYS 182708 05/04/2017 000278 TRONC,INC. MAR PUBLIC NTCS:CITY CLERK,PLNG, 1,634.03 1,634.03 PW 182709 05/04/2017 000278 TRONC,INC. 6/12/17-4/30/18 SUBSCR PW 47545566 223.64 223.64 182710 05/04/2017 019795 TUSKER SURPLUS METALS SMALLTOOLSAND EQUIPMENT:PREV 134.99 SMALLTOOLSAND EQUIPMENT:PREV 35.53 170.52 182711 05/04/2017 000161 TYLER TECHNOLOGIES,INC 5/1/17-4/30/181G WORKFORCE 1,416.00 1,416.00 SUBSCR 182712 05/04/2017 002702 U S POSTAL SERVICE FEB'17 POSTAGE METER DEPOSIT 2,565.10 MAR'17 POSTAGE METER DEPOSIT 3,156.25 5,721.35 182713 05/04/2017 017579 U.S.HEALTHWORKS MEDICAL PRE EMPLOY DRUG SCREENINGS:HR 105.00 105.00 Page9 apChkLst Final Check List Page: 10 05/04/2017 11:26:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 182714 05/04/2017 019793 UBRANE CAFE FOOD PLATTERS:ART OFF THE WALLS 244.69 244.69 5/5/17 182715 05/04/2017 000325 UNITED WAY EMPLOYEE CHARITY DONATIONS 5.00 5.00 PAYMENT 182716 05/04/2017 014848 VALUTEC CARD SOLUTIONS, MAR'17 TICKETING SERVICES: 27.13 27.13 LLC THEATER 182717 05/04/2017 007987 WALMART SUPPLIES:SUMMER DAY CAMP 347.86 347.86 182718 05/04/2017 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES:CIVIC CENTER 140.99 140.99 182719 05/04/2017 003730 WEST COAST ARBORISTS INC EMERG TREE TRIMS& 2,875.00 REMOVALS:SLOPES 4/1-15 TREE TRIMS,REMOVALS:PRKS& 2,125.00 4/1-15 TREE TRIMS,REMOVALS:CROWN 9,879.00 4/1-15 TREE TRIMS,REMOVALS:WOODC 623.00 4/1-15 TREE TRIMS,REMOVALS:WINCH( 979.00 4/1-15 EMERG TREE TRIMS&REMOVAL! 525.00 4/1-15 TREE TRIMS,REMOVALS:VAIL RAI 8,094.00 25,100.00 182720 05/04/2017 019822 YNEZ ROAD CORP REFUND:EIR RPT REVIEW 206.08 206.08 FEE:PA15-1833 1001577 04/26/2017 019723 BELL,STEPHEN REFUND:FROM MARKET TO PLATE 40.00 40.00 1620.102 1001578 04/26/2017 019818 DUFFY,DAKOTA REFUND:TEEN CERT 8355.101 25.00 25.00 1001579 04/26/2017 019819 GRENIER,ANN REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 1001580 04/26/2017 019820 LOWE,KARREEM REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 1001581 04/26/2017 019821 PRIMERICA REFUND:SEC DEP:RM RENTAL:CONF 200.00 200.00 CTR A/B 1001582 04/27/2017 018115 BOCANEGRA,SOCORRO REFUND:SEC DEP:PICNIC 200.00 200.00 RENTAL:HARVESTO N 1001583 04/27/2017 019812 KEMP,MITZI REFUND:SEC DEP:PICNIC 200.00 200.00 RENTAL:PALA PARK Grand total for UNION BANK: 820,704.13 Page:10 apChkLst Final Check List Page: 11 05/04/2017 11:26:15AM CITY OF TEMECULA 138 checks in this report. Grand Total All Checks: 820,704.13 Page:11 Item No . 4 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: May 23, 2017 SUBJECT: Appoint Members to the Old Town Local Review Board and Planning Commission PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council appoint Peg Moore and Annette Brown to the Old Town Local Review Board and Lanae Turley-Trejo to the Planning Commission. BACKGROUND: On June 15, 2017, there will be two vacancies on the Old Town Local Review Board and one vacancy on the Planning Commission. These vacancies are the result of existing terms on both commissions expiring as scheduled. The application period for both ran from April 1 — April 30, 2017. Ten Old Town Local Review Board applications were forwarded to the subcommittee of Mayor Edwards and Mayor Pro Tem Rahn for review and recommendation and twelve Planning Commission applications were forwarded to the subcommittee of Mayor Edwards and Council Member Naggar for the same. Mayor Edwards and Mayor Pro Tem Rahn recommended the appointment of Peg Moore and Annette Brown to the Old Town Local Review Board and Mayor Edwards and Council Member Naggar recommended the appointment of Lanae Turley-Trejo to the Planning Commission. These appointments will expire on June 15, 2020. All applicants are registered voters and live within the city limits of the City of Temecula. FISCAL IMPACT: None ATTACHMENTS: 1. 10 Old Town Local Review Board Applications 2. 12 Planning Commission Applications e__T��711%01 City of cuIa , 41000 Main Stre oard and Commission Temecula, CA 9 �o ppointment Application 1989 TemeculaCA.gov t�Cs (951) 694-6444 For proper consideration, you must currently be a resident of the City of Temecula and 'a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. I he original completed application must be received by the deadline. Please check one:21 Planning Laommunity Services O �= Public Traffic Safety IOId Town Local Review Board Number of years as a City of Temecula Residents• Are you a City Registered Voter? yes Donald G Magnuson Managing Director Commercial F E NAME: OCCUPATION: ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: KW Commercial Newport EMPLOYER NAME: EMPLOYER ADDRESS:800 Newport CenterDr NB EMAILdonm@kwcommercial.com Educational Background/Degrees: Point Loma High SchodT 1973,Orange Coast College,CABRE#01014991 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): NAR,CAR,CCIM,NAHREP Emergency Men's Homeless Shelter Member Califomia Polo Club State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) see attached I understand that any or all int rma Jon o this form may be verified. I consent to the release of this information for public info ion l? poses. Signature: �1 l Date: �/A 1-2,D Please mail or return to: Cly of Temecula, City Clerk's Offic� 41000 Main Stre&t Temecula, CA 92590 PLEASE BE AWARE OF tHE ADVERTISED DEADLINE Board and Commission Appointment Application - 04/03/2017 Donald G Magnuson First Thank you for considering me for this important appointment, I am ready willingly and able to serve and make a commitment to the City of Temecula if appointed. Temecula is a Great place to live raise a family and enjoy the lifestyle, as with any city in California growing pains and planning for the future is Vital. Placing strategic and critical thinkers in this appointment is essential for the success and future of Temecula. I believe my experience coupled with my ability as a Critical and Strategic thinker would be a great benefit to this committee. My past experience includes a wide array of Real Estate finance, from Construction Lending officer at Bank of America, to a Real Estate Investment Banker SVP with Liberty Realty Capital Markets, where I earned my Series 7 and 63 NASD security License (License is expired and inactive). At Liberty we assisted Institutions and munici alities with finance solutions. I am currently a CABRE broker with an impeccable record and currently one of the Managing Directors for KW Commercial Newport. References: Please click on —donmagnuson.com and review the client testimonials... Sam and Kay Benyamin — Residents of Temecula Ron Struck Retired from the FDIC M su erior at Liberty Realty Capital Markets Domenica Oursler VP Bank of America City of Temecula 41000 Main Street Board and Commission Temecula, CA 92590 Appointment Application TemeculaCA.gov (951) 694-6444 For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. I he original completed application must be received by the deadline. Please check one: Planning �ommunity Services OPublic Traffic Safety R6 IOId Town Local Review Board Number of years as a City of Temecula Resident 14 Are you a City Registered Voter? Yes Juliet Grossman Realtor& Legal marketing consultant NAME: OCCUPATION: ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: Self- Realtor with Coldwell Banker/Marketing consultant to Grossman Law Firm APC EMPLOYER NAME: 32675 Temecula Parkway,Temecula 92592 EMPLOYER ADDRESS: EMAIL Educational Background/Derees: J.D.(Law)Loyola of Los Angeles Law School, 1994 B.A.(English), UCLA, 1991 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: none List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): See additional page State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) See additional page I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. April 2, 2017 Signature: Date: f�fe'ase mail or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Juliet Grossman Organizations Coldwell Banker Residential Brokerage (Temecula-Vail Ranch) • 32675 Temecula Parkway, Temecula CA 92592, Realtor, 2015-present The Grossman Law Firm A.P.C. • Temecula office: 43537 Ridge Park Drive, Temecula, CA 92590 • Shareholder/Co-owner, 2001-present • My husband Scott and I own a small practice focusing on trust and probate litigation with offices in Riverside, Temecula, and San Diego. I am currently a marketing consultant to the firm. Temecula Valley Chamber of Commerce • Affiliate member, 2015 to present and Temecula Trekker graduate (Sept. 2016) Friends of Temecula Library • Member, 2015 to present National Charity League,Inc.,Temecula Valley Chapter • President,2015-2016 and 2016-2017 • Founding board member and Treasurer, 2013-2015 Hillcrest Academy • Member of Competitive Academics Program and co-director of Odyssey of the Mind program, supervising five coaches of three student teams, 2015-2016 Girl Scouts of San Gorgonio Council • Southwest Region, Temecula Service Unit Events Coordinator, 2013-2014 • Brownie troop co-leader, 2013-2014 and Junior troop leader, 2011-2012 Destination Imagination • Reality Rally Kidz Checkpoint Challenges organizer, 2014 and 2015 • Coach, Paloma Elementary School/Temecula Middle School team, 2010-2012 Rady Children's Hospital Auxiliary, Temecula Unit • Founding board member and Treasurer, 2005-2007 MOMS Club of Temecula-Central • President, 2009-2010,Treasurer, 2008-2009 (member 2003-2010) Juliet Grossman Friends and family know me as the "Temecula Answer Lady" because I am their go-to person for information about what is going on in our community. I am passionate about Temecula, and enjoy sharing my enthusiasm for our city whenever I can. I would love to serve as an Old Town Local Review Board member because I want to take my passion for our city to the next level. I have a contribution to make to share in the work of creating a lifestyle for all Temecula residents that is vibrant and exciting, while honoring the rich and fascinating traditions of our region's past which make our city a special place. My husband Scott and I are proud to be raising our two daughters in the beautiful communities of Paloma del Sol (2003 to 2013) and Redhawk (2013 to present) and we are frequent patrons of our city's parks, museums,live-music venues, events, classes, and other amenities. I have a strong appreciation for the uniqueness of Temecula and a sincere desire to share in the work of maintaining and ever-improving our city. Over the past four years, I helped create a Temecula Valley Chapter of National Charity League. NCL is a membership organization of mothers and daughters in grades 7-12. During the six year program, we strive to fulfill the mission of strengthening the mother-daughter bond in a philanthropic organization through community service, leadership development, and cultural activities. My leadership experience with NCL is a strong qualification for the Board because I work on a regular basis coordinating with and volunteering for our partner philanthropies, including Michelle's Place, Reality Rally,Jacob's House, Susan G. Komen IE Affiliate, Hope's Community Closet, Community Mission of Hope, Champions Baseball, Our Nicholas Foundation/Kick with Nick, and the City of Temecula. Networking with these groups to share ideas, inspiration, and manpower has been informative and rewarding. Temecula is a city that approaches all that happens here with careful thought, planning, and foresight, and my background as a collaborative board member and networker with various and diverse local organizations makes me highly qualified to serve. Thank you for considering me for an appointment to the Old Town Local Review Board. I would be happy to provide additional personal and professional references upon request. City of Temecula 41000 Main street IECF9Vr Board and Commission Temecula, CA 92590 Appointment Application 1989TemeculaCA.gov w;^.'? ' ')n� pp pp (951) 694-6444 For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. I he original completed app Ica Ion must be received by the deadline. Please check one: �� Planning �ommunity Services OPublic Traffic Safety I v 1d Town Local Review Board Number of years as a City of Temecula Resident 10 Are you a City Registered Voter? Yes NAME: David M. Bogan OCCUPATION: Self employed ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: DMB Investigators EMPLOYER NAME: EMPLOYER ADDRESS: EMAIL dave@pc550holdings.com Educational Background/Degrees: Metropolitan State University-B.S.Criminal Justice,Mira Costa College-Marketing, Del Mar College-Criminal Justice, Certified Workers'Compensation Professional,Michigan State University,School of Labor Relations. (See Attachment) List any City or County Board, Committee or Commission on which you have served and the year(s) of service: None List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Boys Scouts of America-Dist.Unit Commissioner,past Scoutmaster,Current Asst.Scoutmaster Troops 300(Temecula)and 148(Murrietab Assoc.Certified Fraud Examiners,Assoc.Certified Fraud Specialist,Southern California Fraud Investigators Assoc., Temecula Masonic Lo(b Ambassador,Employers'Fraud Task Force,California Department of Insurance Fraud Consortium, Knights of Columbus Council 14544. State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) Our family,my wife and two children,moved to Temecula 10 years ago and feel in love with this community. We have been active in various community organizations truly felt"we have found our home." As such I would like to be a bigger part of keeping Temecula beautiful and safe. I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: � —' - - Date: l � GY��• 7 Please mail or return Irt Temecula, City Clerk's Offi e 41000 Main emecula. CA 92590 PLEASE BE AWARE O THE ADVERTISED DEADLINE APR p G 201 d. 1 = City of Temecula 41000 Main Street Board and Commission Temecula, CA 92590 Appointment Application 1989 TemeculaCA.gov (951)694-6444 For proper consideration, you must_currently=bea resident of the City of Temecula and° a Registered,Voter v thin the pity. Limns 'of, the City of Temecula int the dime the,app,#ication rs submitted: The original completed application must be received by the deadline: Please check one: _Planning _Community Services _Public Traffic Safety KOld Town Local Review Board Number of years as a City of Temecula Resident a Are you a City Registered Voter? yL s NAME; I �G C OCCUPATION: lAr_=T 1 /-� L 6 ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: AJt4 EMPLOYER ADDRESS. /('/," I EMAIL Educational Background/Degrees: S'GCtr�r7 ti�Chi�, List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Sc 19iTAc /-jL0 State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) S c-c5 /4-Y T/4 0 % C�D I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: ✓ 0 lac'- Date: 41- 11s--1,-2o17 Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Educational Background/Degrees: Master of Administrative Science,The Johns Hopkins University 1977 Bachelor of Science, Accounting, University of Baltimore 1973 Home Economics, University of Illinois, Urbana, 1953–1955, 1961-1962 Cal State University San Marcos Osher Life Long Learning Institute, Classroom Ambassador, Regional Ambassador, Curriculum Committee 2008–Current Evergreen Society,The Johns Hopkins University,Continuing education for retirees, 1993–2001, Social Chair 1994–2000 City or County Boards,Committees or Commissions served: Temecula Old Town Local Review Board 2002–Current,Vice-Chair 2006, Chair 2007–2010,2014 Temecula Old Town Specific Plan Committee 2010-2011 Temecula City Civic Center Architectural Committee 2004 Ronald Reagan Sports Park Can-Do Club Board Secretary 2004–2006 Temecula Valley Museum Docent 2003–2009 Children's Temecula Valley History Contest judge 2007–2008, 2011–Current Temecula Citizens Corps Co-Program Administrator 2002–2004 Temecula City Councilmember 1989–1992 Temecula Redevelopment Agency 1989–1992,Chair 1991 Temecula Community Services District 1989–1992,Vice President 1991 Temecula City Committees 1989–1992: Airport Finance Design Standards Integrated Waste Management,Chair Public Works/Facilities Old Town Planning,Chair The City Committee for Incorporation Secretary 1988–1989 Organizations Served: Temecula Valley Kiwanis Club and Foundation 2003–Current, Board Member 2004-2008,Treasurer 2010 Car—rent, House Committee chair 2007–Current, Boys and Girls Club of Southwest County Sports Park Snack Bar Chair 2012–Current, Citizen of the Year Co-Winner 2010–2011, Kiwanian of the Year 2012–2013 Golden Valley Music Society Advisory Board 2010–Current Temecula Valley Chamber of Commerce Life Long Achievement Award Co-Winner 2010 Golden Valley Music Society Co-Patron of the Year 2010 Alternatives to Domestic Violence Board 2002–2008,Treasurer 2004–2007 Southwest Riverside County Lincoln Club Board Secretary 2006–2008 A Volunteer Center of Riverside County's Volunteer of the Year 2005 Temecula ADV Outreach Advisory Board 2003-2008 Temecula Valley Chamber of Commerce Member 1986–1992,2001–Current, Governmental Action Committee 2001–2005, Legislative Summit Committee 2003–2004,Governmental Affairs Committee 1987—1989,Chair 1988—1989,Ambassador 1988—1989, Member of the Year Nominee 1988&2006, Business of the Year Nominee 1987, Balloon and Wine Fest Committee 1987—1992,Admissions Chair 1989 Temecula Valley Convention and Visitors Bureau Member 2005—Current, Marketing Committee Member 2005—2006 Musicians Workshop Board Advisor 2004-2007 Temecula Valley Historical Society Member 2001—Current; Liaison from Old Town Local Review Board 2009—Current Temecula Valley Arts Council Member 2002—2005,Assistant Treasurer 2004—2005 Temecula Friends of the Library Life Member 2001—Current Temecula Valley Wine Society Member 1987—1992,2001-Current,Scholarship Committee 1988—1992 Rancho Temecula Exchange Club Member 1987—1992,Treasurer 1989—1992 Temecula Town Association Member 1986—1992 Temecula Playhouse Board 1988—1992 Sam Hicks Monument Park Board 1987—1989 The reasons I believe I am qualified,and desire,to serve on the Old Town Local Reserve Board are: I believe that Temecula's Old Town, and the historic buildings located outside the district,are great economic benefits to the City,and wish to see that they continue to attract quality development, maintain their integrity,and remain a major tourist attraction within the city. I firmly believe in preserving Temecula's history and sharing it with our citizens and tourists alike. I appreciate guiding the development of new additions to the mix of historic buildings for an attractive and active area within the City.And the Also, I believe that I have a unique position in understanding the desires of City Government, and the philosophy of Temecula and its heritage. I love the City of Temecula and would like to continue to be part of the force that makes this city the best place in the world to live,work and play. ii�lErlllir�i� 017 City of Temecula ULIPT, 41000 Main Street Board and Commission - Temecula, CA 92590 Appointment Application 1989 TemeculaCA.gov 4 (951) 694-6444 For proper consideration,.you must,currently be a resident of the City of Temecula and a Registered Voter withi a City Limits of the City of Temecula at the time the application is su mi e . Znity comp e e application mus a receive y e deadline. P�leas�checkPlanning Services Public Traffic Safety MOld Town Local Review Board Number of years as a City of Temecula Resident Are you a City Registered Voter? NAME: Y Q OC T ADD DAYTIME PHONE: ENING PHONE: EMPLOYER NAME: =kA EMPLOYER ADDRE n4 c.1 r jr.L ('sem EMAILci �r Educational Bac�kground/Degrees• f Cc C3 ���'c�e r'S1r1� lr �hl�seqrvZajcn List any City or County Board, Committee or C mislc n on whlcti you dyear(s) of 0� NJ service: j 0 lb leis List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc. : ) J`\ g ) �,Te nye���L� C_ �a rpt 62 r~ e ten-<<�t �.� t �C 600 �15SD C �cY-� 'Q rJ �•-� �� h7oY ,./act �'tr,5c �� �/v�'S'5,�^-� State why you wish to serve on this commission, and why you believe you are qualified for the position. �64� Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) p �, J� Q cr l u �v --4- S Ii�C�� Q_ 1� n-+CC ca b1 rvr (\/X(,1✓l b�►�. �t 1 t o uc i'�l ("X 0e I- ,^ c e r a b c,C,� rc L,"a ko Ve /' I understand that any or all information on this to may be verified. I consent lo the release of this inform n for public information,p rposes. Signatur t. �,y `>'�� — *cu Date: Ple se mail or return to: City of Temty� rk's Office 41000 Main Street, Temecula, CA 9250 PLEASE BE AWARE OF THE ADVERTISED DEADLINE v City of Temecula s 41000 Main Street Board and Commiss Temecula,CA 92590 A,,GR /' 2011 Appointment Ar1r�I ICatlO 19X9 TemeculaCA.gov N NN (951) 694-6444 ATY CLERKS Obil For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is SUbMitled. I fie original completed application must be received y the cleadline. Please check one: Elplanning Dcommunity Services aublic Traffic Safety El�ld Town Local Review Board Number of years as a City of Temecula Resident Are you a City Registered Voter? Y e.�; NAME: U��a.ao Kau OCCUPATION: I�Q• Y11 Gtr ADDRESS: ITY/STATE/ZIP JEEMENEw- DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: SG.�ss►�,r dt EMPLOYER ADDRESS:/idol u, b(&ol, EMAIL,_ {,_ . , o,5 Educational Background/Degrees: g .S • {� ck.I.yy _c t.c. r3cr Kt Iq List any City or County Board, Committee or Commission on which you have served and the year(s) of service: No,j-f- List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): .S *Q N9 - is C."04 U+" I`v N Qc ..,�,� W1�t•C4 fC'em-" . State why you wish to serve on this commission,and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) I e1%N, 5t., 1,4V-cr d1` TM14*4d- -SH) rcg+c.ic?s. 1 understand that any or all Information on this form may be verified. I consent to the release of this information for public information purposes. Signature: o• Date: 3 / 17 PI ase mail or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Letter of intent-City of Temecula Serving on a board or commission has been a life long dream of mine. It is a significant way fro me to participate in civic life, as well as give back to the community. I have always want- ed to become a member, so that I can share my expertise while directly participating in shap- ing the local community. I choose to serve on the board or commission as a means of gaining new skills, sharing diverse viewpoints, and also to step out of my comfort zone. I have a diversity of transferrable skills and experiences that can open up to future leadership possibilities, as it is a way that encourages me to be involved in my own governance. As a knowledgeable human resources professional with a broad Psychology, I believe I offer expertise that would be of benefit to this great city. With a proven record in developing and implementing best practices, along with a flair for creating work environments that attract and hold top-notch talent, I would like to explore the possibility of putting my skills and expe- rience to work for you. As you can see from my enclosed resume, I am someone who gains satisfaction from bringing about improvements in the workplace environment. With a genuine integrity that is readily recognized, I have established a reputation as an employee advocate who can be trusted and relied on to champion the needs of the employee while serving the best interests of the com- pany. Among my accomplishments, I have • Introduced outstanding benefits and compensation programs that support organiza- tional goals. • Successfully recruited high-caliber candidates for positions at all levels in the organi- zation. • Improved staff performance through the implementation of a full range of training and development programs. • Initiated performance-driven management processes for all levels of staff. With strengths in recruiting and retention, training and development, and benefits and com- pensation, my career success is defined by an innate enthusiasm for seizing challenges and driving projects. Dedicated and accessible, I am adept at building the commitment necessary to make programs successful. A respected leader, i pride myself on excellent communications skills and the ability to reach employees. In the past, I have proven to be a productive and valued company resource. With a record of success behind me, I am confident that I will be an asset to you as well. would be pleased to have the opportunity to discuss your needs and how I might be able to meet them. Please feel free to contact me at the address and phone number listed above. look forward to speaking with you soon. Thank you for your consideration. Sincerely, Delano Royal 5WI55 ,-fir 4 porti...,.r� Swissport USA Inc Subject: Letter of Recommendation To whom it may concern;, I am writing to today to recommend Delano Royal for a commissioned position with the City of Temecula. I have known Delano for 5 years, and he has worked for me (with me) in HR and Employee Relations for approximately six years. It should go without saying that and he is a remarkable talent and people person, with an eye for not only understanding community services and programs, but also seeking out opportunities in to expand into the community and make it better. Delano has always taken his role seriously and is passionate about his results. Beyond his passion on driving performance, Delano is a natural leader, and fights hard for his beliefs. He's at his best in a group environment, and is consciously proactive at getting full involvement of all other team members to derive the best results possible. He has a very effective personal style, and will be looked to for continued executive leadership with our Human Resource efforts. I have the deepest personal and professional respect for Delano, and sincerely belief he will bring his unique energy, optimism, passion, and tireless creativity to your organization. He has my highest endorsement. Kind regards and best wishes for a successful community leader. Sincerely, Dave Meyers SFO GM 1 To Whom it May Concern; Mr. Royal is an extraordinary employee and person. I have seen multiple examples of his talent and have been impressed by his diligence, attention to detail, integrity and work ethic. I would like to recommend Delano wholeheartedly. Delano has outstanding organizational skills. He is able to successfully complete multiple tasks with favorable results despite deadline pressure. As part of his employment at Proove he developed many innovative and collaborative projects with his teammates. Delano not only took the initiative for such projects, he ensured it's success by demonstrating leadership abilities that his teammates both admired and respected. If your open position is seeking superior candidates with a record of achievement, Delano is an excellent choice. He has consistently demonstrated an ability to rise to any challenge that he must face. If you have any further questions regarding Delano's ability or this recommendation, please do not hesitate to contact me using the contact information listed below. My Best, Sean Roddy, Former C00 Proove Biosciences *Dellano Ro al rmy Reserve Military Police (Inactive) EXECUTIVE SUMMARY Human Resources Professional with over 15 years of comprehensive human resources experi- ence. Expertise in: -Talent Acquisition &Training -Recruiting & Retention -Employee Relations -Compensation & Benefits -Performance Management -HR Policies & Procedures -Process Improvement -Operations Management -EEO Compliance PROFESSIONAL EXPERIENCE Swissport International Regional Human Resource Manager 2009-Present Planned, developed, organized, implemented, directed and evaluated the region's hu- man resource function and performance. Translated the strategic and tactical business plans into HR strategic and operational plans. Developed staffing strategies and implementation plans and programs to identify tal- ent within and outside the corporation for positions of responsibility. Identified appro- priate and effective external sources for candidates for all levels within the region. Developed proactive compensation and benefits programs to provide motivation, in- centives and rewards for effective performance. Identified competency, knowledge and talent gaps and develop specific training pro- grams for the filing of the gaps. Established credibility throughout the region/organization with management and the employees in order to be an effective listener and problem solver of people issues. Developed appropriate policies and programs for employee relations, diversity inclu- sion, sexual harassment, employee complaints, external education and career develop ment. Maintained knowledge of HR policies, programs, laws and issues, and coordinated the integration of all such programs. Managed the budget and other financial measures of the Human Resource Depart- ment. Identified legal requirements and stay current on government reporting regulations affecting human resource functions and ensured policies and procedures are in compli- ance. Forecasted headcount requirements. Advised management on employee relations issues. Oversaw performance review program for effectiveness and equity. BBSI 2004-2009 Human Resources Business Partner Transformed HR from administrative role to strategic business partner, including working with senior management to drive key business and implement performance initiatives. Conducted extensive analysis of existing HR organization and developed business plan to update all poli- cies, procedures, services, programs and operations. Direct human resource functions, includ- ing recruiting, hiring practices, benefits and compensation. Developed standardized organiza- tional model to clarify authority and responsibilities. Led transformation of company perception of bureaucratic HR function to value added service. • Implemented human resource strategies by developing dept. accountabilities, in- cluding talent acquisition, staffing, training and development, succession planning, employee relations • Reviewed exit survey and report trends to department and/or executive lead- ership as necessary • Acted as HR consultant to executive leadership. Providing advice and counsel on employee relations matters; supporting senior management with the disciplinary process and all terminations to eliminate potential liability and enhance processes. • Consulted, advised and assisted executive leadership in achieving business goals through appropriate interventions; implementing and managing HR solutions; programs and services with dedicated corporate resources to maximize the achievement of short and long range business objectives. (e.g., change initiatives, employee relations talent and performance management, organizational learning and development, compensation/reward optimization, talent acquisition, work- force planning, diversity, business diagnostics, productivity analysis, HR informa- tion and analysis, retention and engagement, employee communication, and HR programs and services • Oversaw the development, implementation and coordination of policies and pro- cedures for the Human Resource Department to establish and maintain an effec- tive team through managing advising and motivating • Responsible for the development of the Human Resources objectives and strategic planning in relation to business initiatives and trends in human resources man- agement • Complied with COBRA, FMLA, CFRA, ACA • Consulted, advised and assisted executive leadership in achieving business goals through appropriate interventions; implemented and managed HR resource solu- tions, programs and services with dedicated corporate resources to maximize the achievement of short and long range business objectives • Ensured the people-perspective is represented in business decisions so implica- tions are understood and the workforce is pro-actively managed • Led investigations and resolution of complaints of the highest complexity and sen- sitivity, including EEO/EEOC related alleged allegations ensuring investigations are conducted and recommendations are developed in an objective and thorough manner and prepare written reports of fact finding Proove 2000-2004 Human Resources Director Direct supervision of staff of three. Developed and established performance management pro- gressive discipline policy and recruitment policy guidelines for hourly and salaried employees. Implemented flexible benefits plan, incentive pay, and rewards and recognition programs. Ex- panded internal training initiative to contain supervision and leadership programs, including conflict management and performance evaluation improvement. Created and instructed all training programs. • Conceived, developed and implemented series of innovative HR programs, ser- vices and leadership initiatives, including comprehensive supervisory training, performance-based incentive compensation programs and succession planning. • Served as first line resource to managers and associates on employee relations issues. Provided advice, counsel and support in resolving associate performance issues, disputes and other sensitive matters. • Collaborated with Executive Committee members to provide integrated, strategic and customer focused HR solutions. Enhanced and built the capability of the business by incorporating the people component into strategic planning, devel- opment and assessment. • Ensured compliance with Federal, state, and local regulations, government re- porting regulations affecting human resource functions and ensured policies, pro- cedures and reporting are in compliance. Updated employee handbooks, and re- lated materials as needed. Consulted with legal counsel as appropriate on human resource matters • Recommended new approaches, policies and procedures to effect continual im- provements in efficiency of department and services performed. • Served a primary contact for conducting investigations of employee issues and work towards a positive solution. • Lead the recruitment, interviewing and selection efforts for open positions. • Worked closely with hiring managers to identify needs and proactively worked to build recruiting pipeline of qualified employees to fill vacant positions. • Conducted regular follow up with managers to determine the effectiveness of re- cruiting plans and implementation. • Supported development of job descriptions, compensation analysis and bench- marking • Supported HR Administration which included payroll coordination, 401k, and compliance reporting • Supported and performed administration of benefits to include claims resolution, negotiations, contracts and broker management. • Recommended new approaches, policies and procedures to effect continual im- provements in efficiency of department and services performed. • Developed and supported annual performance appraisal process. EDUCATION & PROEEaSIONAL AEEII IATIONS., University of California Berkeley, Bachelor of Arts, Psychology SHRM (Society of Human Resources) City of Tem+ q 41000 Main Street Board and Commission Temecula, CA 92590 N 26 2 Appointment Application 1989 TemeculaCA.gov (951) 694-6444 CITY CLEkK3 akp's. For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submiff ed. I Me original complef6d applZatioF MUST ne received by the deadlirlij. Please check one: Planning Uommunity Services Wpublic Traffic Safety Old Town Local Review Board Number of years as a City of Temecula Resident Are you a City Registered Voter? NAM INLIRA J=q, Raz 0CCUPATION:C�YI ADDR CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: c5 � EMPLOYER NAME: �c`Z!" EMPLOYER ADDRESS: EMAP L Educational Background/Degrees: sy�T-� �/moi�5�.3/ cif= I)'��-��✓,�!�'.� f��'1 Y.s��,t7�� List any City or County Board, Committee or Commission on which you have served and the year(s) of service: ✓�� C��l�7ZG��`� ��.of ������t�--Ca,�',/l��siuu�,l�/� �� List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Rec'o'mmendation and/or references are encouraged.) I understand that any or all information on this form may be verified. I consent to the release of this inform tion for public information purposes. Signature: Date. eas mail or t to:City of Temecula, City Clerk's Office 41000 !blain #rest, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Larry R. Metz To Whom It May Concern: As a resident of Temecula since February 2002, 1 have seen the outstanding growth of this city. Temecula is my home and I have been privileged to live here the past 15 years. I am now developing temeculagolftrail.com, a website that will attract groups of Golfer's from all over the nation to Temecula to play golf and enjoy the wonders of our City. www.temeculagoiftrall.com As a small business owner I have had several businesses and offices in Temecula. My Primary business has been Suncoast Marketing which is a Manufacturers Rep firm representing Major Consumer Electronics firms. I have called on Major Retailers including, Wal-Mart, Costco,Target and BestBuy. I have also called on Pechanga Resort and Casino selling their retail gift shops. I have owned a restaurant delivery service in Temecula called We Just Deliver, from 2006 to 2009. We employed up to 11 drivers and delivered for 30 of the local restaurants. After 4 years we sold to our competitors Dine-In Delivery. After Senior Management positions at Emerson Radio, Packard Bell Electronics and Panasonic, I decided to venture out on my own and started Conquest Marketing Group, Inc.to represent Manufacturers who wanted to sell to the Major Retail Chains, Buying Groups and Distributors. I have been self-employed since 1992. 1 have a great deal of knowledge in regard to building businesses, contracts, negotiating skills and working with all levels of people,from senior management to floor sales people. I believe that I would be an asset to the planning commission board or Old Town Local Review Board. 'Uv Larry Metz Lar i R. Metz Current—Owner Temecula Golf Trail Temecula Golf Trail is a web site that is geared at attracting Golfer's from all over the U.S.A. and Canada to play Golf enjoy our Wineries, Old Town and Pechanga Resort and Casino. Temecula Golf Trail will book tee times, Hotel accommodations and Restaurants for people who access our web site at\vww.teirneculagolli.rail.coiai. 1992-Present—President of my own manufacturer's rep company. Originally Conquest Marketing Group, Inc and now called Suncoast Marketing. Selling to major retailers, including Wal-Mart, Sam's Club,Costco, Target,and BestBuy, also Distributors and Buying Groups on a national basis. Consulting to and Representing Audiovox, RCA, TERK, Emerson,Acoustic Research, Energizer,Kona Bars,Kinfine-USA,Concept Green Energy Solutions, TPK,Inc. and IZZI Gadgets. 1990-1992—Senior Vice President Sales and Marketing, EMERSON Computer Corp. I was recruited to run Emerson's new Computer Division that I took from zero to over 200 million dollars in sales in less then 18 months. EMERSON bought out my contract when they asked me to move to New Jersey and I chose not to accept. 1983-1990—Executive Vice President,Packard Bell Electronics. I purchased the name Packard Bell from Teledyne for$90,000 for three partners. I took the company from zero to over$650 million dollars in sales. Packard Bell owned 42%market share for the retail computer category. 1980-1982—President Fihnway's Audio Group. I was originally hired to run Filmway's Audio Concepts a high-end Audio retailer catering to the recording and broadcast industry. After successfully turning that profitable they asked me to run two other companies Filmway's Audio and RF Wireless Rents. Eventually they made me president of all 5 companies in their Audio Group and after turning them profitable, I helped negotiate the sale of these companies. 1974-1979—S. California Sales Manager, Panasonic Inc. I controlled sales for 12 divisions of Panasonic, including Technics,Video, Audio,Microwaves, Vacuums, Batteries, and even Bicycles. Took the territory from$1 million to over$10 million. Prior employment-Edwards of California,Christian Dior Menswear and American Airlines. Personal—Divorced,three grown children. Avid Golfer, Temecula resident since 2002. President Chatsworth Youth Sports 1977-1980 Commissioner Valley Conference Youth Basketball 1981 Commissioner Golfer's Getaway 2006 to Present Education—NY State University at Farmingdale Business Administration and Management 1962-64 American Airlines Management Training 1966-1967 Emerson- November 12, 201 b To Whom it May Concern_ l am writing a fetter of recommendation on behalf of my longtime friend and business associate Mr_ Larry Mem Larry and I began working together more than 20 years ago and have maintained an even greater friendship at the same time. l have always appreciated Larry's ability to communicate well even in extreme environments such as the large retail market. His professionalism has always made it possible in all our business ventures to succeed. His biggest attribute may be his integrity and respect for making sure projects were completed as promised. Larry's keen ability with follow up and follow thru skills made his career in our industry a great success. I believe Larry Metz would be a great asset to the City of Temecula and possibly improve the abilities of others to build better bridges of communication within your community. Best of luck as t know Lary would be a great addition to your team_ Best regards, Mike Churchman Sr_ Vice President Emerson Radio Corp EMERSON RADIO CORP. 3 UNIVERSITY PLAZA #405 HACKENSACK, NEW JERSEY 07061 973.428.2000 1 kvivi WESTERN November 9,2015 Temecula City Planning Commission Re: Larry Metz To Whom It May Concern: I have been asked to provide a letter of reference for a good friend Larry Metz. I have known Larry Metz for approximately 10 years and have found him to be a man of great moral character and honesty. One of Larry's many strengths is his ability to work with others in problem solving issues between parties. He is a very kind individual who always believes in fairness between people demonstrating great communication skills. He has many friends which is a testament to his success in life and being someone we have great respect for. It has been a pleasure to be associated with Larry Metz. I would highly recommend him as a member of the Temecula City Planning Department. Sincerely, r� Tom Bardos CEO Western Computer Western Computer 351 Candelarla Road • Oxnard,California 93030 (805)581-5020 www.westemcomputer.com 11/12/2015 Gmail-City of Temecula Planning Commission Position Available-Closes 11/20/2015 i I Larry Metz City of Temecula Planning Commission Position Available - Closes 11/20/2015 DAN VUICICH Wed, Nov 11, 2015 at 8:04 PM To: Larry Metz I have known Larry Metz both personally and professionally for 30 plus years. Two words immediately come to mind-Integrity and perseverance. I have witnessed Larry grow companies against the toughest odds and succeed only to shoulder the burden of others shortcomings. The relationships he has gained in the CE world are legion and very loyal. From computers, peripherals, audio products, furniture and video products Larry has blazed the trail with unique offerings and creative procedures. But far and away where Larry has shined beyond most human capabilities is with his family. He has faced down incredible odds and brought his family through. 1 know his family very well and all are people you would love to know and would enhance your lives. They arrived at this place only by the love and strength of Larry. Obviously Larry's attributes would make him an excellent commissioner. Dan Vuicich From: Larry Metz Sent: Friday, November 6, 2015 5:11 PM To:John Spinelli; Mike Churchman; Pete Thorsen;John Gentleman; Steve Padgett; Dan Vuicich; Robert Vassallo;Tom Bardos Subject: Fwd: City of Temecula Planning Commission Position Available- Closes 11/20/2015 [Quoted tent hidden] i..Pn n..:_n o;i,-„on�,.4A tt„f du_ntRcaarch=i nhox&m SU=15OfgC d5gfH3035e&sl m I=15Of9d&laf83O35e 1/1 1102015 Gmaii-RE:Reccomendationforopening onthe Temecula City PIMnIngCommission Gi I La" MOU RE: Reccomendation for opening on the Temecula City Planning Commission 1 message Sun, Nov 8, 2015 at 3'01 PM To: "Metz, Larry" To whom it may concern, I have known Larry R. Metz for many, many years. We first met in the 5th grade in 1953. We have remained good friends over the years_ Larry has always had an excellent rapport with people of all ages. His excellent communication skills allow him to connect with all kinds of people. He is one I can recommend with complete confidence and I know that he will measure up to your expectations. In summary, I highly recommend Lam for any position or endeavor that he may seek to pursue. He would be a tremendous asset to any organization. Sincerely, Peter R. Thorsen rry qIp.rnm/mail/u/CY?ui=2&ik=e&43ff5cf4&view=pt&search=inbox&th=j5oe355A75363cOc&sim1=15oe955975363cOc 11 City of Temecula 41000 Main Street Board and Commission Temecula, CA 92590 "'PRW201 1989 TemeculaCA.gov Appointment Application (951) 694-6444 ;:lTy CLERK * '­ For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submiltecl. I he ongindi completed application must be received by the dea ine. Please check one: Planning Community Services Public Traffic Safety 00Id Town Local Review Board Number of years as a City of Temecula Resident 0.5 Are you a City Registered Voter? Y NAME: Park, Young OCCUPATION: Property Manager ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: self-employed 31805 Temecula Pkwy,#388 Temecula,CA 92592 EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: B.A.History,University of Redlands List any City or County Board, Committee or Commission on which you have served and the year(s) of service: none List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Fudoshin Aikido(martial arts club in Santa Ana) State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) see attached I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: 44 - Date:04/28/17 Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE EDUCATIONAL BACKGROUND/DEGREE B.A. History. University of Redlands. LIST ANY CITY OR COUNTY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE None LIST ANY ORGANIZATIONS TO WHICH YOU BELONG (PROFESSIONAL, TECHNICAL, VOLUNTEER GROUPS, NON- PROFIT ORGANIZATIONS, SERVICE CLUBS, ETC.) Fudoshin Aikido (martial arts club in Santa Ana) STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. PLEASE BE SPECIFIC. (YOU MAY ATTACH A SEPARATE SHEET OF PAPER IF NECESSARY. LETTERS OF RECOMMENDATION AND/OR REFERENCES ARE ENCOURAGED). I recently moved to Temecula with my wife and children. I would like to combine my interest in public administration and service to maintain Temecula's traditions while exploring new possibilities. I have a history degree from the University of Redlands. In addition to my degree, I've taken real estate classes at a community college and a property management course through an apartment association. In college, I was a campaign volunteer for a congressional candidate in Riverside. The candidate would later be elected and is now currently a member of the House of Representatives. For the past 12.5 years, I've been a property manager representing individual investors. My responsibilities include screening prospective residents, reviewing rental agreements, collecting rent, addressing maintenance issues, supervising repair and/or improvement projects, paying vendors and attending to various administrative tasks. For about two years, I was a resident advisor for at-risk youth for a government housing program. For the past 5.5 years, I've been a resident advisor/program manager in a government housing program. My responsibilities include arranging suitable placement for clients, mediating disputes between program participants, ensuring residents have access to professional services, coordinating with various public safety entities, writing a variety of reports as necessary and attending to various administrative tasks. For about a year, I drove to various locations throughout the county to ensure residents were in compliance with codes and ordinances. I provided specific government services citizens may have requested. When I moved to Temecula, I volunteered to assist the homeowners' association. Recently I was asked to submit an application to be elected to the association's board of directors. My co-workers and friends can attest to my strong work ethic and objective analytical abilities. City of Temcula _ Board nd Commission 41000 Main Street a Temecula, CA 92590 Appointment Application 1989 TemeculaCA.gov (951) 694-6444 For proper,consideration, you must, currently be a "resident. of the City of Temecula and a Registered Voter within the City Limits of the City-of Temecula at the time the-application is, suf5mitted. I he original completed application must be received by the deadline. Please check one: OPublic Traffic Safety ►Old Town Local Review Board OPlanning �ommunity Services Number of years as a City of Temecula Resident 22 Are you a City Registered Voter? YES Annette Brown Marketing & PR NAME: OCCUPATION: ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: Visit Temecula Valley 28690 Mercedes St A Annette@ MarketingTemecula.com EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: Bachelor of Arts,English-California State University Long Beach List any City or County Board, Committee or Commission on which you have served and the year(s) of cervi e: Board ember&Board President-Friends of Pennypickle's 2004-2015;Marketing Chairperson,Old Town Temecula Association 2007-2015 Marketing Chairperson-Jacob's House 2007-2015;Board Member-Jacob's House 2012-2015 Ways&Means Chairperson&Committee Member,Temecula Chamber of Commerce 1999-2002 List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Grow Temecula Advisory Committee Temecula Breweries Committee Visit California PR Committee State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) Letters of recommendation attached.Referernces:Alice Sullivan,Temecula Valley Chamber of Commerce CEO 951-676-5090; References:Kimberly Adams,Visit Temecula Valley CEO 951-491-6085;Craig Puma,OTTA Board President- I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: 4lf� Date- April 27, 2017 Please mail or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE April 27, 2017 Dear City Council: As an active resident of 22 years, a marketing and public relations professional, and a passionate volunteer in the city of Temecula, I am applying for the Old Town Local Review Board position because I believe I am well qualified for the role. I have been involved with Old Town Temecula through my own marketing company, as an eight-year marketing chairperson for Old Town Temecula Association, and as a six-year employee of Visit Temecula Valley. Through the years I have come to know the challenges and the potential of Old Town Temecula and I see the promise that is yet to come. I appreciate the benefits for businesses, residents, and tourism through the economic impact and quality of life it produces. Through the past decades, I have built positive relationships with Old Town business owners and city staff as a member of various boards and committees. I believe these strong community ties will be a great benefit to the Old Town Local Review Board. I thank you and value this opportunity to serve for the betterment of the City of Temecula. Best Regards, <� &-UY-t— Annette Brown Annette@MarketingTemecula.com April 24, 2017 To Whom It May Concern, I am writing this letter to you to endorse Annette Brown's application for a position on the Old Town Review Board. I cannot think of another individual that has put so much time, effort, enthusiasm as well as creativity, skills, and personality into developing our Old Town as we know it today. Annette is well known within the old town community for her tireless efforts to promote and enhance our historic, cultural and business district. She is familiar with our town's past, present and future and is dedicated to preserving as well as helping our community grow in a manner that best fits the qualities of our unique town. As a resident of Temecula since 1995 and a hardworking proponent of Temecula and Old Town since 1998, Annette's many volunteer and work experience efforts have contributed to the development of our town. Her activities as Old Town Temecula Association Marketing Chairperson from 2007 to 2015, was during a transition time in Old Town, when two Old Town organizations merged into one, bringing the business community into one positive direction with a vision to promote Old Town as a destination for special events, shopping and dining. Annette's efforts were instrumental in making that a successful transition. In addition,Annette has been both a Temecula business owner as well as volunteer for many non-profit organizations. Her unique presence in all things Temecula, I believe, has allowed her the opportunity to understand, grow and support Temecula from many diverse arenas, Furthermore, her work with Visit Temecula Valley as a marketing and PR professional has allowed her to work closely with many Old Town business owners, city employees and leaders in the community and has done a fabulous job representing and promoting individual businesses while at the same time promoting a concise picture of a well-rounded community where residents, visitors, businesses and community leaders call home. For those efforts, the Old Town Association is extremely grateful. Annette's understanding, support and promotion of Old Town Temecula is unsurpassed and appreciated by so many local organizations, businesses, residents and visitors alike. Her professionalism, integrity, creativity and love for this town are qualities that we need to see on the Old Town Review Board, I recommend her for this board position, without hesitation. The Old Town Review Board is critical component to our Old Town and I appreciate the great and essential activities that the board does for our community. I would love to see Annette Brown become a member of that critical process. Very Sincerely yours,' Jan Schneider Old Town Temecula Association, Vice President Old Town Business Owner, Temecula Lavender Co April 12, 2017 To Whom It May Concern: Letter of Recommendation: Annette Brown It's my absolute pleasure to recommend Annette Brown for the Old Town Review Board. I have personally known Mrs. Annette Brown since 1991 and have always been impressed by her professionalism, leadership skills and her ability to work well with others. Annette Brown became involved with the Temecula Valley Chamber of Commerce in 1991 when she became active as a business member and volunteer. Ms. Brown acted as Marketing Chairperson for the Old Town Temecula Association from 2007 to 2015. During this timeframe she assisted with the transition of merging two Old Town organizations into one and guiding this unique business community into one positive direction. Throughout this time period Annette maintained a clear vision; to promote Old Town as a destination for special events, shopping and dining. Mrs. Brown also contributed and volunteered countless hours to many Chamber events, non — profit organizations and community projects. In September of 2011, Ms. Brown was hired by Visit Temecula Valley. In this capacity, she works closely with many Old Town business owners, city employees and leaders in the community. She is well respected in the business community and is well-known as a team player. Her love for this city is evident in her smile as well as the efforts she takes to promote our beautiful city. Annette's attention to detail and her accuracy is truly commendable. She is trustworthy, honest and has been an exceptional friend to Temecula and the Temecula Valley Chamber of Commerce. I would highly recommend Annette Brown to be your selection for a seat on the Old Town Review Board. If you have any questions, please feel free to call me anytime at (951) 676-5090 or email asullivan@temecula.org. Thank you. Sincerely, The sueeklr Alice Sullivan, IOM President/CEO Temecula Valley Chamber of Commerce City of Temecula 41000 Main Street Board and Commission Temecula, CA 92590 hi�;i�.. -`' � ,�, Appointment Application 1989 TemeculaCA.gov (951) 694-6444 �ATY �ti�cafa ,, For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. I lie original completed application must be received by the deadline. Please check one: Planning Elommunity Services OPUblic Traffic Safety ZoId Town Local Review Board Number of years as a City of Temecula Resident Are you a City Registered Voter?_ CTS Andrew Scofield Retired NAME: OCCUPATION: ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: non*e, none EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: BA Whittier College 1999 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: none List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): NMSS member State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) I think I could bring some good ideas and would like to support the community I live in with my family. I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: Date: l / Please mail or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE R'=CeD ,/ riefCit of Temecula 2oir City Board and Commission r. 41000 Main Street (�� Temecula, CA 92590 Appointment Application ►cs°E�r pm') TemeculaCA.gov (951) 694-6444 For proper consideration, you must currently be a resident-of-the City ofTemecula and a Registered Voter within the City Limits of the City of Temecula;'at the time the,apprication is submitted. The original completed application must be received by the deadline. Ple se check one: 7rPlanning Community Services Public Traffic Safety Old Town Local Review Board Number of years as a City of Temecula Resident ali Are you a City Registered Voter? NAME: - _ OCCUPATION: C N) ADDRESS: CITY/STATE/ZIP DAYTIMEPHONE: VENING PHONE: EMPLOYER NAME: 15p EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: 6-4�) tb List any City or County Board, Committee or Commission on which you have served and the ye.ar(s) of service: 3, List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): � State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and(or references are encouraged.) _ I ilncTerstan hat an or all mformationnt this form ma be verified. I consent to the release of Y Y this information for public information purposes. r ' _ Signatu e: Date: Please mail or return to ity of Ter4cula. City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE `- -L�, -vo ` �-� - -� (-Lp r� 4r T K Crre 4 - V V City of 6cula 41000 Main Stre oard and Commission Temecula, CA 9 G0 ointment Application .` pp 1989 TemeculaCA.govG (951) 694-6444 7 For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. I he original completed application must be received 15y the deadline. Please check one: Planning Laommunity Services OPublic Traffic Safety Fold Town Local Review Board Number of years as a City of Temecula Resident 3• Are you a City Registered Voter? yes Donald G Magnuson Managing Director Commercial F E NAME: OCCUPATION: ADDRESS: ITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: KW Commercial Newport EMPLOYER NAME: EMPLOYER ADDRESS: 800 Newport CenterDr NB EMAIL donm@kwcommercial.com Educational Backlground/Degrees: Point Loma High Schoo 1973,Orange Coast College,CABRE#01014991 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): NAR,CAR,CCIM, NAHREP Emergency Men's Homeless Shelter Member California Polo Club State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) see attached I understand that any Or all inf rmation o this form maybe verified. I consent to the release of this information for public info lion poses. Signature: Dater 3A?a/ ? Please mail or return to: Ci of Temecula, City Clerk's Offic� 41000 Main Strep Temecula, CA 92590 PLEASE BE AWARE OF HE ADVERTISED DEADLINE Board and Commission Appointment Application - 04/03/2017 Donald G Magnuson First Thank you for considering me for this important appointment, I am ready willingly and able to serve and make a commitment to the City of Temecula if appointed. Temecula is a Great place to live raise a family and enjoy the lifestyle, as with any city in California growing pains and planning for the future is Vital. Placing strategic and critical thinkers in this appointment is essential for the success and future of Temecula. I believe my experience coupled with my ability as a Critical and Strategic thinker would be a great benefit to this committee. My past experience includes a wide array of Real Estate finance, from Construction Lending officer at Bank of America, to a Real Estate Investment Banker SVP with Liberty Realty Capital Markets, where I earned my Series 7 and 63 NASD security License (License is expired and inactive). At Liberty we assisted Institutions and municipalities with finance solutions. I am currently a CABRE broker with an impeccable record CABRE#01014991, and currently one of the Managing Directors for KW Commercial Newport. References: Please click on — donmagnuson.com and review the client testimonials... Sam and Kay Benyamin — Residents of Temecula Ron Struck Retired from the FDIC M su erior at Liberty Realty Capital Markets Domenica Oursler erica f d _��.�- City of Temecula �0 ,{ ; .'`✓ 41000 Main Street Board and Commission ' Temecula, CA 92590 Appointment Application 19139 TemeculaCA.gov (951) 694-6444 For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is sur5mittecl. I ne original completed application must be receiveci by tne clea0line. Please check one: OPlanning community Services OPublic Traffic Safety F-1011d Town Local Review Board Number of years as a City of Temecula Resident 16 Are you a City Registered Voter. x �s NAME: Andrew Doty OCCUPATION: Business Owner ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: Lucky Stone Irish Pub LLC EMPLOYER ADDRESS: 28636 Old Town Front Street EMAIL adoty@luckystoneirishpub.com Educational Backsground/Deggrees: High School Diploma, ome college. addleback Community college,Mission Viejo. Have owned several of my own businesses and also have spent much of my career in senior management of local companies,such as Milgard,Mfg. I have lot of construction background. List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Not applicable. List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Not applicable. State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged I love Temecula. I believe that it is one of the last great communities in outhern California and has yet seen its full potential. As a resident and business owner,I want to do my part to contribute to my community and to do what I can to ensure it's future.I have I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: .49WA4,01 z4y Date:04/04/2017 Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE 1� City of Temec,pl 41000 Main Street Board and Commission Temecula, CA 92590 Appointment Application TemeculaCA,gov (951) 694-6444 :11r . For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. _1 he original completed app Ica Ion mus e received by the deadline, Please check one: Planning Elommunity Services 0Public Traffic Safety E]oId Town Local Review Board Number of years as a City of Temecula Resident 10 Are you a City Registered Voter? Yes NAME: David M. Bogan OCCUPATION: Self employed ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: DMB Investigators EMPLOYER ADDRESS: EMAIL dave@pc550holdings.com Educational Background/Degrees: Metropolitan State University-B.S.Criminal Justice,Mira Costa College-Marketing, Del Mar College-Criminal Justice, Certified Workers'Compensation Professional,Michigan State University,School of Labor Relations. (See Attachment) List any City or County Board, Committee or Commission on which you have served and the year(s) of service: None List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Boys Scouts of America-Dist. Unit Commissioner,past Scoutmaster,Current Asst.Scoutmaster Troops 300(Temecula)and 148(Murrieta Assoc.Certified Fraud Examiners,Assoc.Certified Fraud Specialist,Southern California Fraud Investigators Assoc., Temecula Masonic Lo(b Ambassador,Employers'Fraud Task Force,California Department of Insurance Fraud Consortium,Knights of Columbus Council 14544. State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) Our family,my wife and two children.moved to Temecula 10 years ago and feel in love with this community. We have been active in various community organizations truly felt"we have found our home." As such I would like to be a bigger part of keeping Temecula beautiful and safe. I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: ' '' .�� - Date: /:5 /,: U ' Plea e mail or return to I of Temecula, City Clerk's Office 410001 S[r [, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE w, City of Temecula 41000 Main Street Board and Commission Temecula, CA 92590 appointment Application 1989 TemeculaCA.gov (951) 694-6444 APR 5 2W For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. I he original completed application must be received by the deadline. Please check one: OPlanning E]Community Services ❑Public Traffic Safety E]OId Town Local Review Board Number of years as a City of Temecula Resident 2 Are you a City Registered Voter? Yes Terence W. Roberts Retired Law Professor NAME: O ADDRESS: CITY/STATE/ZIP 1@ik= Same DAYTIME PHONE: EVENING PHONE: None EMPLOYER NAME: EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: B.A.University of the P cific J.D.University of the Pacific, McGeorge School of Law List any City or County Board, Committee or Commission on which you have served and the year(s) of service: None List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): California Bar Association,Orange County Bar Association,Democratic Committee of Southwest Riverside County State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) Service on the planning commission would give me a chance to serve the Temecula community to make our community a better place to live. I understand that any or all information on this form may be verified. I consent to the release of this information for public int ion purposes. s DKW.R s 4/15/2017 Terence W. Robert -=T�.W R� ..o.,� .o.�. 11,�„ �,�,� �,� .­US Signature: D.W:2017 04 15 22.35:48-0rW Date: Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE City of Temecula 41000 Main Street Board and Commission Temecula,CA 92590 1989 TemeculaCA.gov Appointment Application _ (951) 694-6444 For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter withi a City Limits of the City of Temecula at the time the application is submitted. I Hiiormmunity completedapplication mus a receive y e deadline. ff s�checkanning Services Public Traffic Safety N101d Town Local Review Board Number of years as a City of Temecula Resident Are you a City Registered Voter? NAM _ F` OCCUP TION: , �1�•e ADD DAYTIME PHONE: ENING PHONE: EMPLOYER NAME' ) [ .�--[f"D C - ► -1 EMPLOYER ADDRE,S6:�1 ci r �( ,'�� ' �1_ EMAIL Educational Back round/De rees* ' Background/De� •1-�a ( l.�.�� ate r57 � _S u Toy -Lo'jdpa Xe� ;v� , w.:c �g9,J u ,N cr , � J�/1 5 �� �S �� r � , � e Q rx11410'w ►C;A List any City or County Board, Committee or C mis i non whit you ha se and t year(s) of service: /\,j D N e _ lb Am List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Te -, C +�a 1�1ca,wt (J-r M! to r c-e_ e-00 d'i (<1 04- 'F'i"A • t05 "f P, State why you wish to serve on this commission, and why you believe you are qualified for the position, ct4f 1p Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) c ('j Loy (VxCwl b�� • 6C i�'UC M � eX pe(`, NNce cr,.� bc,C.kr- rouN ; g-3 � �eel 1 understand that any or all information on this fo may be verified. I consentlo the release of this inform n for public information rposes. SPr Signatur Date: Ple se mail or return to: City of Temecula, "Gil erk's Office 41000 Main Street, Temecula, CA 925 0 PLEASE BE AWARE OF THE ADVERTISED DEADLINE City of Temecui�. ; 41000 Main street VZ, Board and Commission Temecula, CA 92590 APR 2 6 201 Appointment Application 1989TemeculaCA.gov (951) 694-6444 GITY CLIEkKb �craL. a For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. 1-he ongina completed application must be received by the deadline. Please check one: Planning community Services Public Traffic Safety Mold Town Local Review Board Number of years as a City of Temecula Resident Are you a City Registered Voter? NAME: 'P' � � OCCUPATION: r � a� �7 ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: Al 9*-/tr�I9��ti��vf 4Z-W-/'1;;!�Z/ List any City or County Board, Committee or Commission on which you have served and the year(s) of service: C���l��.i>>�nt: �Lu.�i 5•?,zr:� r'+Z�3;dc /S�7-/9L> ���S ��"ir�,�-�/ C.�.,�rr,rri 5:5 •c,�;cwt'-- � � ,�Z��,I%� List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) I understand that any or all information on this form may be verified. I consent to the release of this inform tion for public information purposes. Signature: Date: eas .mail ort to: City of Temecula, City Clerk's Office 41000 Main treet, Temecula, CA 92590 PLEASE BE AWARE-OF THE ADVERTISED DEADLINE Larry R. Metz To Whom It May Concern: As a resident of Temecula since February 2002, 1 have seen the outstanding growth of this city, Temecula is my home and I have been privileged to live here the past 15 years. I am now developing temeculagolftrail.com, a website that will attract groups of Golfer's from all over the nation to Temecula to play golf and enjoy the wonders of our City.www.temeculagolftrail.com As a small business owner I have had several businesses and offices in Temecula. My Primary business has been Suncoast Marketing which is a Manufacturers Rep firm representing Major Consumer Electronics firms. I have called on Major Retailers including, Wal-Mart, Costco,Target and BestBuy. I have also called on Pechanga Resort and Casino selling their retail gift shops. I have owned a restaurant delivery service in Temecula called We Just Deliver, from 2006 to 2009.We employed up to 11 drivers and delivered for 30 of the local restaurants. After 4 years we sold to our competitors Dine-In Delivery. After Senior Management positions at Emerson Radio, Packard Bell Electronics and Panasonic, I decided to venture out on my own and started Conquest Marketing Group, Inc.to represent Manufacturers who wanted to sell to the Major Retail Chains, Buying Groups and Distributors. I have been self-employed since 1992. 1 have a great deal of knowledge in regard to building businesses, contracts, negotiating skills and working with all levels of people,from senior management to floor sales people. I believe that I would be an asset to the planning commission board or Old Town Local Review Board. Larry Metz Larry R. Metz Current—Owner Temecula Golf Trail Temecula Golf Trail is a web site that is geared at attracting Golfer's from all over the U.S.A. and Canada to play Golf enjoy our Wineries,Old Town and Pechanga Resort and Casino. Temecula Golf Trail will book tee times,Hotel accommodations and Restaurants for people who access our web site at www.teineculagolflraii.coni. 1992-Present—President of my own manufacturer's rep company. Originally Conquest Marketing Group,Inc and now called Suncoast Marketing. Selling to major retailers, including Wal-Mart, Sam's Club, Costco,Target,and BestBuy,also Distributors and Buying Groups on a national basis. Consulting to and Representing Audiovox,RCA,TERK,Emerson,Acoustic Research,Energizer,Kona Bars,Kinfine-USA, Concept Green Energy Solutions,TPK, Inc. and IZZI Gadgets. 1990-1992—Senior Vice President Sales and Marketing,EMERSON Computer Corp. I was recruited to run Emerson's new Computer Division that I took from zero to over 200 million dollars in sales in less then 18 months. EMERSON bought out my contract when they asked me to move to New Jersey and I chose not to accept. 1983-1990—Executive Vice President,Packard Bell Electronics. I purchased the name Packard Bell from Teledyne for$90,000 for three partners. I took the company from zero to over$650 million dollars in sales. Packard Bell owned 42%market share for the retail computer category. 1980-1982—President Filmway's Audio Group. I was originally hired to run Filmway's Audio Concepts a high-end Audio retailer catering to the recording and broadcast industry. After successfully turning that profitable they asked me to run two other companies Filmway's Audio and RF Wireless Rents. Eventually they made me president of all 5 companies in their Audio Group and after turning them profitable,I helped negotiate the sale of these companies. 1974-1979—S.California Sales Manager,Panasonic Inc. I controlled sales for 12 divisions of Panasonic, including Technics,Video,Audio,Microwaves,Vacuums,Batteries,and even Bicycles. Took the territory from$1 million to over$10 million. Prior employment-Edwards of California,Christian Dior Menswear and American Airlines. Personal—Divorced,three grown children. Avid Golfer,Temecula resident since 2002. President Chatsworth Youth Sports 1977-1980 Commissioner Valley Conference Youth Basketball 1981 Commissioner Golfer's Getaway 2006 to Present Education—NY State University at Farmingdale Business Administration and Management 1962-64 American Airlines Management Training 1966-1967 Emerson- November 12,2015 To Whom it May Concern= I am writing a ietter of recommendation on behalf of my longtime friend and business associate Mr. Larry Metz Larry and I began working together more than 20 years ago and have maintained an even greater friendship at the same time. i have always appreciated Larry's ability to communicate well even in extreme environments such as the large retail market. His professionalism has always made it possible in all our business ventures to succeed. His biggest attrbute may be his integrity and respect for making sure projects were completed as promised. Larry's keen ability with follow up and follow thru skills made his career in our industry a great success. I believe Lary Metz would be a great asset to the City of Temecula and possibly improve the abilities of others to build better bridges of communication within your community. Best of luck as I know Larry would be a great addition to your team_ Best regards, Mike Churchman Sr_ Vice President Emerson Radio Corp EMERSON RADIO CORP. 3 UNIVERSITY PLAZA #405 HACKENSACK, NEW JERSEY 07061 973.428.2000 1 ky WESTERN November 9, 2015 Temecula City Planning Commission Re: Larry Metz To Whom It May Concern: I have been asked to provide a letter of reference for a good friend Larry Metz. I have known Larry Metz for approximately 10 years and have found him to be a man of great moral character and honesty. One of Larry's many strengths is his ability to work with others in problem solving issues between parties. He is a very kind individual who always believes in fairness between people demonstrating great communication skills. He has many friends which is a testament to his success in life and being someone we have great respect for. It has been a pleasure to be associated with Larry Metz. l would highly recommend him as a member of the Temecula City Planning Department. Sincerely, Tom Bardos CEO Western Computer Western Computer 351 Candelaria Road + Oxnard,California 93030 (805)581-5020 www.westemcomputer.com 11!17!2015 Gmail-City of Temecula Planning Commission Position Available-Closes 11/20/2015 Larry Metz City of Temecula Planning Commission Position Available - Closes 11/20/2015 DAN VUICICH Wed, Nov 11, 2015 at 8:04 PM To: Lary Metz have known Larry Metz both personally and professionally for 30 plus years. Two words immediately come to mind-Integrity and perseverance. 1 have witnessed Larry grow companies against the toughest odds and succeed only to shoulder the burden of others shortcomings. The relationships he has gained in the CE world are legion and very loyal. From computers, peripherals, audio products, furniture and video products Larry has blazed the trail with unique offerings and creative procedures. But far and away where Larry has shined beyond most human capabilities is with his family. He has faced down incredible odds and brought his family through. I know his family very well and all are people you would love to Know and would enhance your lives. They arrived at this place only by the love and strength of Larry. Obviously Larry's attributes would make him an excellent commissioner. Dan Vuicich dan,vuicic�t@r�iesto^^ �cW: From: Larry Metz Sent: Friday, November 6, 2015 5:11 PM To:John Spinelli; Mike Churchman; Pete Thorsen;John Gentleman; Steve Padgett; Dan Vuicich; Robert Vassallo;Tom Bardos Subject: Fwd: City of Temecula Planning Commission Position Available-Closes 11/20/2015 [Quoted text hidden] . �•,,.,,�:,„n 1, .rmimaiv,JO/?ui=2&ik=e8 3if5cf4&view=pt&search=inbox&msg=150f9dd59f83o35e&siml=150f9dd5.9f83035e 1/1 11/8/2015 Gmail-RE:Reccomenddon for opening w the Temecula City Piarming Commission C; Q Lam Metz RE: Reccomendation for opening on the Temecula City Planning Commission 1 message Sun, Nov 8, 2015 at 3,01 PM To: "Metz, Larry" To whom it may concern, I have known Lary R. Metz for many, many years. We first met in the 5th grade in 1953. We have remained good friends over the years. Larry has always had an excellent rapport with people of all ages. His excellent communication skills allow him to connect with all kinds of people. He is one I can recommend with complete confidence and I know that he will measure up to your expectations. In summary, I highly recommend LarTj for any position or endeavor that he may seek to pursue. He would be a tremendous asset to any organization, Sincerety, Peter R. Thorsen ,rr_jI.,.,rr,iP r-rxnlmail/u/o/?ui=2&ik=e843fr5cf4&vicw=pt&search=inbox&th=15oe955975363cOc&sim1=15oe9559/5363cOc 1/ City of Temecula A0W - 41000 Main Street ti aaiL,!' Board and Commission ll '" Temecula, CA 92590 1984) TemeculaCA,gov Appointment Application (951) 694-6444 APR For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. I he original completed application must be received by the deadline. Please check one: OPlanning DCommunity Services OPublic Traffic Safety EloId Town Local Review Board Number of years as a City of Temecula Resident 3 Are you a City Registered Voter? Y NAME: Aaron Cook OCCUPATION: Civil Engineer ADDRESS. TATE/ZIP DAYTIME PHONE. EVENING PHONE: David Evans and Associates EMPLOYER NAME: 41951 Remington Avenue,Ste 220,Temecula EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: BS/MS Civil and Environmental Engin enng-Brigham Young University MS Business and Real Estate-University of San Diego List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): American Society of Civil Engineers-Section Treasurer 2009-2011,Government Relations Committe Member-2013-2014 Urban Land Institute-Southwest Riverside County Networking Lead State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) See Attached I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: } -� +`�° I{ Date: 412-7 'ZCG t Please mail or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE State why you wish to serve on this commission, and why you believe you are qualified for the position. In general, I'm passionate about effective urban planning in order to create vibrant and desirable communities, and specifically, I'm interested in positively influencing the future of Temecula. I'm originally from Fallbrook and have seen Temecula grow from a small community to the sought-out city it is today. My education and work experience as a civil engineer would bring additional understanding of the industry to the commission. My experience includes a broad spectrum, from regional transportation and water resources planning to smaller scale subdivision and site planning, infrastructure design, and construction management. Additionally, as a young father raising children in the community, I believe well represent a large portion of Temecula's citizens and can effectively guide future planning in our city. References: Gavin Powell—Temecula City Resident and David Evans and Associates Office Manager Dan Dobron—Temecula City Resident and Executive at Pacific West Development 4 City of Temjr 000 a Street Board and Commission Temecula, CA 92590 PR Appointment Application TemeculaCA.gov 1989 (951) 694-6444 ATIr"- For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. I he original completed application must be received by the deadline. Please check one: ®Planning community Services QPublic Traffic Safety E]oId Town Local Review Board Number of years as a City of Temecula Resident 4 Are you a City Registered Voter? A�5 NAME: /S. �acgS, /" OCCUPATION: Civic ANG//V.EE1P ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: G'G� �.vw,v EErzI.vG /ivc. sfi/G�Io.�Gn-� Sr. .�e�iri� G- ✓ ,�c+l-"s t� rr�v cv.�, EMPLOYER ADDRESS: /17u, ,eQ 79 64 92SGZ EMAI Educational Background/Degrees: List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: Date:�i�-�lZ? Please mail or ret to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE April 27, 2017 PLANNING COMMISSION APPLICATION FOR JOHN B. ROGERS, P.E. Educational Background/Degrees: Bachelor of Engineering, Yale University. Numerous short courses, seminars, continuing education. City or County Boards, Committees or Commissions: Director, Santa Rosa Community Services District, 1989-1993. Riverside County TLMA, Ord. 460 Revision Committee, present. Organizations: American Society of Civil Engineers, Fellow and Life Member. President, Los Angeles Section, 2015-2016. Director, 2014—Present. ASCE, Riverside-San Bernardino Branch of Los Angeles Section. Director, 2010-2014 ASCE Institute Member: Coasts, Oceans, Ports and Rivers Institute Utilities Engineering and Surveying Institute Construction Institute California Land Surveyors Association Yale Engineering & Science Association California Baptist University, Industry Advisory Board, Engineering and Construction Management Department Sierra Club Chardonnay Hills Homeowners Association, Architectural Control Committee Statement of Service: I have lived and worked in the Temecula area since 1981. 1 built my home and ranch in De Luz, 3% miles west of the City, in 1989. 1 moved to my present residence in Chardonnay Hills in 2013. The region has been my home for 28 years. have been employed as a Civil Engineer for almost 50 years, working on private, public and institutional projects in six southern California counties and in the San Francisco Bay Area. Locally, I was the Engineer of Record, responsible for the site design of three local high schools, three middle schools, several elementary schools, three large church projects, and several Temecula parks, including the Ronald Reagan Sports Park and Pala Community Park. I have prepared grading plans, tract and parcel maps, conditional use permits, public use permits, and street and utility plans for literally dozens of private projects throughout Southern Riverside County and beyond. In the public sector, I served for six years (1999-2005) as General Manager and Road Superintendent of the Santa Rosa Community Services District (now DeLuz Community Services District), managing 18,000 acres and 38 miles of rural roads west of Temecula. I have lived with the development process for years, preparing projects and presenting them to Planners and Engineers, Planning Commissions, City Councils, and Boards of Supervisors in cities and counties all over Southern California By all accounts, Temecula has done an admirable job of creating a livable City, with a remarkable mix of residential, commercial and industrial areas, fine parks and sports facilities, and excellent schools, both public and private. The Old Town entertainment area is known regionally for its excellent design and unique attractions. The Jefferson Corridor presents a challenge, along with new developments around and south of Old Town. Coordinating development issues with adjacent jurisdictions such as the City of Murrieta and the unincorporated Temecula Wine Country must be carefully addressed. Temecula is also mature enough that redevelopment or repurposing of older properties must be considered. I want to offer my experience and expertise to help guide the City as it addresses these challenges and opportunities. Letters of Recommendation, enclosed: Walter R. Allen Architect Andrew L. Webster, PE, Rancho California Water District Chief Engineer Jon H. Lieberg,Attorney Larry Markham, PE, Civil Engineer, Markham Development Management Group Marc Lebanoff, Commercial/Industrial Developer. References: George A.Johnson, P.E., Riverside County Assistant Chief Administrative Officer GAJohnson@RIVCO.ORG Richard G. Lantis, PLS, Riverside County Surveyor, RLantis@RIVCO.ORG clengineering JOHN B. ROGERS, P.E., F.ASCE VICE PRESIDENT, ENGINEERING PROFESSIONAL REGISTRATION: California, Registered Civil Engineer No. 22428 Since 1973 EDUCATION: 1957 - 1963 Yale University Bachelor of Engineering, Civil Engineering PROFESSIONAL AFFILIATIONS: Fellow and Life Member, American Society of Civil Engineers. Director, Riverside/San Bernardino Branch, 2011-2014. President,Los Angeles Section, 2015- 2016. Consulting Engineers and Land Surveyors of California,Riverside-San Bernardino Chapter, 1990-1995. Chapter President, 1994-1995 Yale Science and Engineering Association California Land Surveyors Association PUBLIC SERVICE 1990— 1994 Santa Rosa Community Services District, Director(Elected public office)Treasurer 1982— 1987 San Diego/Imperial Counties Developmental Services, Inc., Board and Committee Member. 1982— 1985 Board Chairman RESPONSIBILITIES: Mr. Rogers has primary professional responsibility for all Civil Engineering Design, Land and Hydrographic Surveying performed by CLE in Southern California. His land development experience extends over 40 years and includes project experience throughout the six-county area. Projects have included industrial and commercial developments, condominiums, hotels, multi-family projects, wineries, single-family residences in environmentally sensitive areas, road designs in difficult terrain, public and private schools, churches and parks. PROJECT RELATED EXPERIENCE • Two auto-related commercial developments, Slover Avenue,Fontana • Shopping center redevlopment,Plaza Boulevard,National City • Three AutoZone stores,ground-up new construction and redevelopment, San Diego • Temecula Valley Unified School District: Civil Engineering Design for Temecula Valley High School and Margarita Middle School • Development plan for 12,000 SF private residence, Loma Alta, California • County of San Diego: Plans for Construction of a four-mile widening of Stagecoach Lane,Fallbrook. Plans for construction of 17-acre Fallbrook Sports Park, multi-use public/private partnership. • Roman Catholic Diocese of San Bernardino: Project Manager for construction projects in five parishes. Civil Engineering design for Saint Catherine of Alexandria, Temecula,two phases, and Saint Martha's Catholic Parish, Murrieta www cleengineering com JOHN B. ROGERS, P.E. Page 2 • Site Development, utility and condominium plans for four projects at Summerhill,Lake Elsinore, including two-and-three-story office buildings and three-story Holiday Inn Express • RAMKO Industrial Complex, Hemet: Plans for road, site grading and utility revisions, industrial infill project near Hemet-Ryan Airport • Murrieta Valley Unified School District: Civil Engineering and Land Surveying Consultant to District. Property acquisition negotiations, liaison with City, County and Utility Agency Engineering Staffs.Planning, design and preparation of construction documents on all of District's current and planned elementary, middle and high schools. Traffic control plans for temporary school traffic around construction zones • Rancho California Water District; Plans for construction of 24"reclaimed water main and 16"potable water mains in Murrieta, California • City of Temecula: Pala Community Park, Ronald Reagan Sports Park and City Maintenance Facility • City of Temecula: Traffic control plans for numerous large public events involving prades and street closures. Traffic control plans for water facility installations • City of Rancho Mirage: Civic Center, including municipal offices and Library PROFESSIONAL EXPERIENCE: General Manager—Santa Rosa Community Services District,Temecula Responsible for operating a public agency furnishing road maintenance and construction, trash collection and supplemental law enforcement for 35 square miles of hilly terrain west of Temecula, California. Traffic control plans for lengthy detours and road closures for reconstruction of winding and hilly two-lane roads in rugged territory. Supervising five employees and overseeing an annual budget of$1.8 Million. Rogers Engineering,Temecula-Owner Providing Civil Engineering, Land surveying and Construction Management solutions for a wide variety of municipal and institutional clients, as well as for developers and individual property owners. Investigations and expert testimony for various attorneys, and a major insurer in litigation regarding construction, civil engineering design,permits and entitlements. Gravner-Rogers Engineering,Temecula—Executive Vice President Offering Civil, Structural Engineering and Land Surveying to developers of commercial, Industrial, residential projects, and to individual developers of small tracts and custom homes. SB&O,San Diego-Project Engineer,Project Manager and Vice President Civil Engineering and Land Surveying for commercial, industrial, multi-family residential and government clients. Major projects included Escondido Auto Park, Sweetwater Town & Country Shopping Center (American Society of Civil Engineers' "Outstanding Civil Engineering Achievement Award, 1972") www deengineering.com Walter R , Ailen architect + associates 28465 Old Town Front Street Suite 201 April 26, 2017 Temecula, CA 92590 City of Temecula 41000 Main Street Temecula, CA 92590 Attn: Members of the City Council Re: John Rogers as Planning Commissioner Members of the City Council: I have had the pleasure of knowing John Rogers for over thirty years. During that time I have worked with him both on a professional level and enjoyed his company on a personaUsocial level. As an engineer, Mr. Rogers has assisted me with numerous projects over the years. I have great respect for his understanding of general development standards, technical aspects of construction, and the need for concurrent municipal cooperation. He is both intelligent and practical in his approach to his work. I am very confident in his ability to see both sides of any divisive issue he may encounter as a commissioner. As a human being, John Rogers is remarkable. He has been able to balance the pressures of the development world not only with his personal and normal family responsibilities but almost single-handedly with the special needs of his severely disabled son, as well. In my opinion, you will have to go a long way to find a more qualified or well suited individual for this very important position. I would strongly recommend you select John Rogers as your next planning commissioner. Sincerely, f CC: A. ADAMS R. JOHL �APR > Zu1 April 25, 2017 IGIITY (;LEkK,4 RECEIVED Rancho APR 2 7 2017 Fater Honorable Mayor and Members of the City Council elnr MANAGER'S of Temecula OFFICE 41000 Main Street Temecula, CA 92590 Board of Directors SUBJECT: LETTER OF SUPPORT FOR JOHN B. ROGERS, P.E., Stephen J.Corona President APPLICANT FOR THE TEMECULA PLANNING Ben R.Drake COMMISSION Senior Vice President Lisa D.Herman Dear Mayor Edwards and Council Members: John E.Hoagland I understand that John B. Rogers is applying for appointment as a Planning Danny J.Martin Commissioner for the City of Temecula. This letter of support is intended to William E.Plummer confirm that John has the temperament, the knowledge of land use regulations, Bill J.Wilson and the integrity to be a superior contributor to that commission. Officers Jeffrey D.Armstrong John has been active in the engineering and development community in General Manager Temecula for over 35 years. Through his work with various employers, John has Eva Plajzer,P.E. been in responsible charge of engineering and surveying work directly for the Assistant General Manager Engineering and Operations Rancho California Water District (RCWD), as well as preparing and submitting Richard R.Aragon,CPFO improvement plans for a wide variety of projects in the RCWD service area. Director of Finance/Treasurer Jason A.Martin During John's tenure as general manager of the Santa Rosa Community Services Director of Administration District (now the De Luz Community Services District), he was responsible for Andrew L.Webster,P.E. municipal services for a 38 square-mile area that was also located within the Chief Engineer service area of RCWD. I have personally had the pleasure of working with John Kelli E.Garcia District Secretary on numerous occasions and have found him to be competent, reliable, and easy James B.Gilpin to work with. Best Best&Krieger LLP General Counsel If you wish to further discuss John's qualifications, please contact me at (951) 296-6900. Regards, RANCHO CALIFORNIA WATER DISTRICT I J Andrew Webster Chief Engineer 17W W:Im027\FEG Rancho California Water District 42135 Winchester Road•Post Office Box 9017•Temecula.California 92589-9017•(951)296-6900•FAX(951)296-6860•www ranchowater com LIEBERG OBERHANSLEY LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION 41911 FIFTH STREET, SUITE 300 TEMECULA, CALIFORNIA 92590 TELEPHONE (951) 699-6600 FACSIMILE (951) 699-6616 JON H. LIEBERG jIfeberg@Iosglaw,com April 27, 2017 City Council Members City of Temecula 41000 Main Street Temecula CA 92590 Re: Planning Commission Dear Council Members: It is my honor to recommend John Rogers for a position on the Planning Commission. I have known John for over 20 years, since he was a director of the Santa Rosa Community Services District. I have also dealt with him professionally as a civil engineer. John is extremely knowledgeable about planning and land use issues in the Inland Empire and would be a great addition to the Planning Commission. He is someone who has exceptionally high standards and integrity, while being great to work with. John would work well with the other board members, staff, Council, and the public. He is someone whom the Council would feel good about appointing. Thank you for your consideration of John. If you have any questions,please do not hesitate to call me. est egar , ,IJon H. Lieterg JHL.jsl M m]_ MARKHAM DEVELOPMENT MANAGEMENT GROUP,INC. April 21, 2017 Honorable Mayor and Members of the City Council City of Temecula 41000 Main Street Temecula, CA 92590 Re: John B. Rogers, P.E., Applicant for Temecula Planning Commission I have known John Rogers since we both established our Civil Engineering practices in Temecula in 1981, He has been active in the Civil Engineering and development community in Temecula for over 35 years. We have been colleagues and competitors for that entire time. John spent several years as General Manager of Santa Rosa Community Services District,during which time he served that community well managing and maintaining their road systems and other municipal functions. He has been very active in our professional society,the American Society of Civil Engineers,serving in several capacities on both the local and regional level. Most recently, he was President of the Los Angeles Section, representing 8,000 civil engineers throughout Southern California. He has been a regular contributor of ideas and commentary to the Riverside County government, particularly the Transportation and Land Management Agency, doing his best to assure that the private sector's interests are adequately presented to officials in County government. It is my understanding that John is applying for appointment as a Planning Commissioner in Temecula. He is a worthy candidate for that position,and I believe that he would serve the community's interests in exemplary fashion. Respectfully, Larry Markham President 41635 Enterprise Circle North,Suite B Temecula,CA 92590-5614 (951) 296-3466 Fax:(951)296-3476 www.markhamdmg.com Lebanoff De IopmeM Offmp 18031 Irvine Blvd#106 Tustin,Ca.92780 (702)336-0636 NV License 51562 B CA License 846886 B April 21, 2017 Honorable Mayor and Members of the City Council City of Temecula 41000 Main Street Temecula, CA 92590 Re;John B. Rogers,P.E.,Applicant for Temecula Planning Commission Dear Mayor and Members of the City Council, I have had the pleasure of working with John Rogers for the past three years as he and his employer,CLE Engineering, have worked on three of my commercial projects in Fontana. Approval of our projects has been difficult for a variety of reasons, but I have been very pleased to have John on our design team. He possesses a wealth of knowledge about the development process, about zoning and planning ordinances and regulations,and about the difficult and sometimes tortuous process for gaining approval of proposed projects. His engineering and planning knowledge is impressive; he understands schedules and budgets, and always does his best to meet commitments. I might add that he does not hesitate to voice a technical or aesthetic disagreement with his client, and can competently defend his arguments. John would be conscientious and intelligent addition to your Planning Commission. I would urge you to give very serious consideration to his application. He has the temperament,the knowledge of land use laws, regulations and customs,and the integrity to be a superior contributor to that commission. Sincerely; Marc Lebanoff, President Lebanoff Development Group ' • • • • GeophysicalEngineering I . . Survey I Regulatory Project&Consfrucf ion .- Property Certified WOSB cle rc Hr; Ciggr+Y�A�r:r 45' 608 93C City of Temoc�ula ,z4 41000 Main Street ,O Lut Board and Commission { , Temecula, CA 92590 Appointment Application 1989 TemeculaCA.gott-gq rrL&Kftu .., (951) 694-6444 For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. I he original completed application must be received by the d Tine. Please check one: [Z]Planning OCommunity Services DPublic Traffic Safety E-101d Town Local Review Board Number of years as a City of Temecula Resident 0.5 Are you a City Registered Voter? Y NAME: Park, Young OCCUPATION: Property Manager ADDRESS. CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: self-employed EMPLOYER ADDRESS. EMAIL Educational Background/Degrees: B.A.History,University of Redlands List any City or County Board, Committee or Commission on which you have served and the year(s) of service: none List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Fudoshin Aikido(martial arts club in Santa Ana) State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) see attached I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: 4,11 - Date:04/28/17 Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE EDUCATIONAL BACKGROUND/DEGREE B.A. History. University of Redlands. LIST ANY CITY OR COUNTY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE None LIST ANY ORGANIZATIONS TO WHICH YOU BELONG (PROFESSIONAL, TECHNICAL, VOLUNTEER GROUPS, NON- PROFIT ORGANIZATIONS, SERVICE CLUBS, ETC.) Fudoshin Aikido (martial arts club in Santa Ana) STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. PLEASE BE SPECIFIC. (YOU MAY ATTACH A SEPARATE SHEET OF PAPER IF NECESSARY. LETTERS OF RECOMMENDATION AND/OR REFERENCES ARE ENCOURAGED). I recently moved to Temecula with my wife and children. I would like to combine my interest in public administration and service to maintain Temecula's traditions while exploring new possibilities. I have a history degree from the University of Redlands. In addition to my degree, I've taken real estate classes at a community college and a property management course through an apartment association. In college, I was a campaign volunteer for a congressional candidate in Riverside. The candidate would later be elected and is now currently a member of the House of Representatives. For the past 12.5 years, I've been a property manager representing individual investors. My responsibilities include screening prospective residents, reviewing rental agreements, collecting rent, addressing maintenance issues, supervising repair and/or improvement projects, paying vendors and attending to various administrative tasks. For about two years, I was a resident advisor for at-risk youth for a government housing program. For the past 5.5 years, I've been a resident advisor/program manager in a government housing program. My responsibilities include arranging suitable placement for clients, mediating disputes between program participants, ensuring residents have access to professional services, coordinating with various public safety entities, writing a variety of reports as necessary and attending to various administrative tasks. For about a year, I drove to various locations throughout the county to ensure residents were in compliance with codes and ordinances. I provided specific government services citizens may have requested. When I moved to Temecula, I volunteered to assist the homeowners' association. Recently I was asked to submit an application to be elected to the association's board of directors. My co-workers and friends can attest to my strong work ethic and objective analytical abilities. c9 City of , cula 41000 Main Str1 oard and Commission Temecula, CA 0 ' ^' ppointment Application 6 z�1/ 1989 aQ TemeculaCA. �. (951) 694-6444-4 For proper consideration, you must be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted.—The original completed application must be received by the deadline. Please check one: Planning OCommunity Services OPublic Traffic Safety EloId Town Local Review Board Number of years as a City of Temecula Resident 6 Are you a City Registered Voter? Yes NAME: Ryan McIntosh OC P N: Director - Design /Eng. ADDRESS. CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: Silver Creek Inc EMPLOYER NAME: 2830 Barrett Ave, Perris, CA EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: Architectural drafting prcgram-Mesa College 1997 thru 1999 LEED Accreditied professional(2007-current)(LEED AP and LEED AP BD+C) List any City or County Board, Committee or Commission on which you have served and the year(s) of Se: serve on any local or county boards,however,I currently serve on a state level committee. In 2015 1 was appointed by the California Building Standards Commission to serve a 3 year term on the the Building,Fire&Other(BFO)Code Advisory Committee. This committee reviews and recommends the acceptance or rejection of proposed changes to CCR Title 24 Parts 1,2,2.5,9&12. List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): I am a current member of the following organizations:US Green Building Council(USGBC), International Code Council(ICC),National Fire Protection Association(NFPA),Construction Specifiers Institute(CSI)and the Modular Building Institute(MBI). State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) SEE ATTACHED I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: Date:4.28.17 Please mail or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE City of Temecula City Clerk's Office 4100 Main Street Temecula, CA 92590 April 25, 2017 To whom it may concern, am writing this letter to accompany my application for the open Planning Commission position. I have spent nearly two decades in the design and construction industry. I have also been a recognized leader in sustainable planning, design and construction for over a decade. My project portfolio is varied and includes custom single family residential projects, large multifamily residential development, commercial/retail centers, numerous public and private schools, and large corporate headquarters. I currently serve as an executive with a design-build firm specializing in public and private education projects. My position as Director of Design Services makes me responsible for the short and long-term planning and execution of our design and engineering project services throughout the Southwest United States. In addition to my professional duties I am currently serving a three year appointment by the California Building Standards Commission to the Building, Fire and Other(BFO) Code Advisory Committee. In my role as one of eight voting members on the BFO Code Advisory Committee I am responsible for reviewing and recommending action on all code change proposals which would affect Parts 1,2, 2.5,9 and 12 of the California Code of Regulations,Title 24. 1 believe that my professional experience, in addition to my state level committee experience, make me uniquely qualified to serve my fellow Temecula residents as a member of the Temecula Planning Commission. I believe that there is no finer community within our region and I would be honored to help maintain and enrich the quality of life for our residents by ensuring that development within our city is done in a responsible manner. Thank you for your consideration, R an McIntosh City of Temecula 41000 Main Street Board and Commission Temecula, CA 92590 Appointment Application 41959 TemeculaCA.gov pp (951) 694-6444 r For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is sul5mitted. I fie original completed app ica Ion must be received by the deadline. Please check one: Planning �ommunity Services OPublic Traffic Safety �Id Town Local Review Board Number of years as a City of Temecula ResidentAre you a City Registered Voter? Yes NAME: Julie Ngo OCCUPATION: State Farm Insurance Agent ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: Self Employed 28410 Old Town Front St.Ste 106 EMPLOYER ADDRESS: EMAIL nor Educational Background/Deggrees: Bachelors Degree in Organizational L adership California Insurance License List any City or County Board, Committee or Commission on which you have served and the year(s) of gervice: 1 have not served in these capacities. List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): National/association of Insurance and Financial Advisors,State Farm PIF-PAC,Rotary Club of Temecula,Rancho Damacitas, Womens Peer Connection,Temecula Chamber Of Commerce,Murrieta Chamber of Commerce,Old Town Temecula Association, Temecula Valley Womens Club,Professional Womens'Roundtable, State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) Please see attached I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: -=�- Date: ` 9 k-1)0/ \_ lease ai return to: City of Temecula, City Clerk's Office 0 in Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE April 2017 My name is Julie Ngo and I am a small business owner in the City of Temecula. I opened my insurance agency in August 2006 in Old Town Temecula. I have had the pleasure of seeing and experiencing what great things can be accomplished with a vision and a plan. My desire to be on the Planning Commission stems from my love of this community, both personally and professionally. I was part of the original Old Town Temecula Business Association (OTTBA) then as the Old Town area grew this organization had to make some changes. Those changes were to create a dialogue with the City of Temecula, then with the local merchants and finally with the public to create a cohesive message on how Old Town Temecula was going to grow and change. I was instrumental in merging all the dialogue and ideas together. We re-created the association to become The Old Town Temecula Association (OTTA) and it became the conduit between the town merchants, the city, and the public. Though I have not had any Board or Commissioner experience with the City or County, I feel that my experience as a board member for many diverse groups, my time in management at a Top 50 Corporation and my experience of 11 years as a small business owner has prepared me to serve as a Planning Commissioner. I understand that the City of Temecula is approximately 85% built out and that a majority of the land that is still available for development is privately owned. I believe my role as a Planning Commissioner is to ensure that the vision of the City of Temecula, its population and the landowners is maintained and that the growth is sustainable for the future. It will be my duty to ensure all voices and opinions are heard and that the decision I make and the board makes is one that is for the betterment of Temecula. This means we need to protect our safe neighborhoods, our image as a "great place to raise your family" and our land usage. With my skills in management at a Top 2 insurance company, my time owning a successful local business and my time on various non-profit boards, I feel that I have gained and refined my listening skills, negotiation skills and critical thinking skills to see the larger picture than what is presented in front of me. I have learned that making decisions is about asking the right questions and listening to the verbal and non-verbal answers. I'm excited to finish building out this community then to start refining it. It needs to stay the jewel it has already proven to be for so many years. As I have said, I had the pleasure of seeing the development over the last decade. The past commissioners and the City have done an outstanding job. I am excited to keep the momentum moving forward. With the greatest respect, Julie April 2017 Reference: WaRcWs President Murrieta Chamber of Commerce Jerry Konchar Chief Financial Officer Pechanga Development Corporation Philip Silverman President Raphael's Incorporated April 18, 2017 WAT 1j It INI A It K A S S O C I A T E S Honorable Maryann Edwards City of Temecula 41000 Main Street 41923 2nd Street,Suite 401 Temecula, CA 92590 Temecula, CA 92590 951 2007988 RE:Julie Ngo, Planning Commission Application watermarkassoclates.com Dear Mayor Edwards, Please accept this recommendation letter in support of Julie Ngo's application for appointment to Temecula Planning Commission. Ms. Ngo has the knowledge and experience to help the commission carry out its goal to implement orderly and compatible development which creates livable neighborhoods, supports economic development and sustains a high quality of life for Temecula's citizens. Julie, a graduate from Chapman University, is a licensed insurance industry professional and as such, understands the importance of careful and thoughtful development, safe neighborhoods and mitigation. She has owned and operated her own State Farm Insurance agency for over a decade and her office is in Old Town Temecula. She understands the needs of her clients, her community and of the business community. Besides being a successful businesswoman,Julie has demonstrated her commitment to her neighbors and her community at large. She is currently serving as the Temecula Noon Rotary President as well as Chairman of the Board for Rancho Damacitas. She has served as Secretary of the Old Town Temecula Association and was recognized by the Temecula Chamber of Commerce as Citizen of the Year(2015). Julie's vast experience, knowledge and commitment to Temecula has been actively demonstrated her in donation of time,talent and treasure. Julie will make an excellent Planning Commissioner and it my privilege and honor to submit this letter in support of her application for your thoughtful consideration. Please feel free to contact me at or by email,dburke o)watermarkassociates.com if you need further information or have any questions. Thank you. ,- Sin erely I Darcy M. Burke, M.B.A President and C.E.O. TEMECU LA 26190 Yriez CourtSuire J, leflle(UIO, 01 92591 VALLEY QIAM B E R 9�1 676.5090 f: 951.6 94.0201 Or COMMrRcr "LEADING THE KAY- April 12, 2017 To Whom It May Concern: Letter of Recommendation: Julie Ngo, Planning Commission Appointment It's my absolute pleasure to recommend Julie Ngo for the City of Temecula Planning Commission. Julie Ngo became involved with the Temecula Valley Chamber of Commerce in 2005 when she became active as a business member and volunteer. I have personally known Ms. Julie Ngo since 2005 and have always been impressed by her professionalism, leadership skills and her ability to work well with others. In addition to Ms. Ngo's notable achievements as a successful business owner, Julie has pursued numerous other activities which greatly benefit our community. Ms. Ngo acted as Chair for the State of the City Address, Women In Business, Monte Carlo and many other committees. She has also been involved in the transition of merging two Old Town organizations into one and guiding this unique business community into one positive direction. Throughout this time period Julie Ngo maintained a clear vision; to promote Old Town as a destination for special events, shopping and dining. Ms. Ngo also contributed and volunteered countless hours to many Chamber events, as well as other non—profit organizations and community projects. Julie Ngo is confident and well-liked by peers in this community. She was nominated for the NCC Citizen of the Year Award and won following the selection process which includes a personal interview by a panel of community leaders, a vote of the TVCC members and the judging of her written application. Her love for this city is evident in her smile as well as the efforts she makes to promote our beautiful city. She is trustworthy, honest and has been an exceptional friend to Temecula and the Temecula Valley Chamber of Commerce. I would highly recommend Julie Ngo to be your selection for a seat on the City of Temecula Planning Commission. If you have any questions, please feel free to call me anytime at (951) 676-5090 or email asullivan@temecula.org. Thank you. Sincerely, -�` Alice Sullivan, IOM I President/CEO Temecula Valley Chamber of Commerce Walter R,, Allen architect + associates 28465 Old Town Front Street Suite 201 April 26, 2017 Temecula, CA 92590 p - (951 ) 693-0301 City of Temecula 41000 Main Street Temecula, CA 92590 Attn: Members of the City Council: Re: Julie Ngo as Planning Commissioner Members of the City Council: I have known Julie Ngo for a little over ten years now. We met as members of the Rotary Club of Temecula. During that time we have become very close friends. Some would call her my surrogate daughter. I am clearly biased,but,I believe rightly so. Julie is one of my neighbors in Old Town. We have worked on a number of community based committees in both Rotary and on the Old Town Temecula Association board. I have always been impressed with her native intelligence and her sensitivity to community needs. She is extremely generous with her time and gives freely to many non-profits within the community. I am very confident in her ability to grow into a very effective planning commissioner. Though my friend Julie Ngo may not have been steeped and trained within the development community, I believe very strongly that with her quick intellect and her strong work ethic she would bring a very healthy perspective to the City Planning Commission. I can unequivocally recommend Julie and would be very pleased to see her in that position. Please extend an opportunity for her to serve this city. If not this time, certainly the next. She is a very dedicated citizen of Temecula. Sincerely, Item No . 5 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: May 23, 2017 SUBJECT: Approve Annual Renewal of Insurance Policies — Liability, Property, Automobile Physical Damage & Contractor's Equipment, Difference In Conditions (Earth Movement 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 AIX Specialty Insurance Company, in the amount of $139,633.73, for the period of July 1, 2017 to July 1, 2018; 2. Approve the insurance policy renewal for Property insurance with American Home Assurance Company, in the amount of $90,534, for the period of July 1, 2017 to July 1, 2018; 3. Approve the insurance policy renewal for Auto Physical Damage & Contractor's Equipment insurance with Hanover Insurance Company, in the amount of $6,864, for the period of July 1, 2017 to July 1, 2018; 4. Approve the insurance policy renewal for Difference In Conditions (Earth Movement and Flood) insurance with Empire Indemnity Insurance Company, QBE Specialty Insurance Company, Ironshore Europe Limited, Ironshore Insurance Ltd, General Security Indemnity Co. of Arizona and Lloyd's in the amount of$174,378.08, for the period of July 1, 2017 to July 1, 2018; 5. Approve the insurance policy renewal for Excess Workers' Compensation insurance with New York Marine and General Insurance Company, in the amount of $48,877, for the period of July 1, 2017 to July 1, 2018; 6. Approve the insurance policy for Crime insurance with Hanover Insurance Company, in the amount of$2,832, for the period of July 1, 2017 to July 1, 2018; 7. Approve the insurance policy for Cyber Risk insurance with National Union Fire Insurance Company of Pittsburgh, PA, in the amount of $9,012.50, for the period of July 1, 2017 to July 1, 2018. BACKGROUND: In preparation for the July 1, 2017 expiration of the City's insurance policies, staff requested that the City's 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 (Earth Movement 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 $10,430 in premium reductions over the City's FY 2016/17 insurance premiums. The reduction in premiums is the byproduct of a reduction in rates. These insurance premiums are listed below by category and in order of responsiveness: Liability Insurance Carrier Premium AIX Specialty Insurance Company $139,633.73 Brit/Lloyd's Declined to Quote—Pricing Not Competitive Euclid Insurance Services, Inc. Declined to Quote—Pricing Not Competitive Genesis Underwriting Management Declined to Quote—Pricing Not Competitive Old Republic Insurance Declined to Quote—Pricing Not Competitive The premium amount of $139,633.73 for Liability Insurance represents a $5,473.73 increase over the previous policy. The preferred proposal submitted by AIX Specialty Insurance Company provides coverage of $10 million per occurrence with a self-insured retention of $150,000. To ensure AIX Specialty 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 AIX Specialty 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 AIX Specialty Insurance Company a Financial Size Category of "XV" ($2 Billion or Greater) based on their policyholder's adjusted surplus. Property Insurance Carrier Premium American Home Assurance Company $90,534.00 Hartford Financial Services Group $95,000.00 Hanover Insurance Company Declined to Quote- Pricing Not Competitive Zurich Insurance Group Ltd Declined to Quote- Pricing Not Competitive The premium amount of $90,534.00 represents a $731 increase over the previous policy. The preferred proposal submitted by American Home Assurance Company provides coverage with a $10,000 deductible. A.M. Best assigned American Home Assurance 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. Auto Physical Damage & Contractor's Equipment Carrier Premium Hanover Insurance Company $6,864.00 Travelers Companies, Inc. $6,612.00 Allianz SE Declined to Quote—Pricing Not Competitive The premium amount of $6,864.00 represents a $238 decrease over the previous policy. Although Hanover Insurance Company (incumbent) was not the lowest quote, AJG recommended the City remain with the incumbent given their good history of paying claims. 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: Earth Movement and Flood Carrier Premium Empire Indemnity Insurance Company $174,378.08 Insurance Co. of the West Declined to Quote—Pricing Not Competitive Ironshore Declined to Quote—Pricing Not Competitive Lexington Insurance Company Declined to Quote—Pricing Not Competitive The premium amount of $174,378.08 represents a $17,408.80 decrease over the previous policy. The preferred proposal submitted by Empire Indemnity Insurance Company, QBE Specialty Insurance Company, Ironshore Europe Limited, Ironshore Insurance Ltd, General Security Indemnity Co. of Arizona and Lloyd's includes an earth movement deductible of 5% applied per unit subject to a minimum of $50,000, flood inside high hazard zones deductible of 2% applied per location, subject to a minimum of $500,000, flood outside high hazard zones deductible of $100,000, and a deductible for all other insured perils of $25,000. A.M. Best assigned Empire Indemnity 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. Excess Workers' Compensation Insurance Carrier Premium New York Marine and General Insurance Company $48,877 Arch Insurance Group Declined to Quote Midwest Insurance Company Declined to Quote Safety National Group 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 $48,877 represents a $614 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 $2,832 American International Group, Inc. Declined to Quote-Pricing Not Competitive Chubb Group of Insurance Companies Declined to Quote-Pricing Not Competitive CNA Insurance Companies Declined to Quote- Not a Market Travelers Companies, Inc. Declined to Quote—Pricing Not Competitive The premium amount of $2,832 represents no change 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 National Union Fire Insurance Company of Pittsburgh, PA $9,012.50 Illinois Union Insurance Company $9,047.54 Travelers Companies, Inc. Declined to Quote- Pricing Not Competitive 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 premium amount of $9,012.50 represents a $602 decrease over the previous policy. The proposal submitted by National Union Fire Insurance Company of Pittsburgh, PA provides coverage with a $15,000 deductible. A.M. Best assigned National Union Fire Insurance Company of Pittsburgh, PA 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: Adequate funds have been budgeted in the Insurance Internal Service Fund (account 300.199.999.5204) and Workers' Compensation (account 305.199.999.5200) for this request. ATTACHMENTS: Insurance Proposal Prepared for City of Temecula zlzice zrlev'. A -. •E� 3 - w,. s► . �`- F _;r�.,4 {iek.��. .-� i_'�i,'��;fG-..tip ti�. _ i +yr.. `1 Insurance Proposal 000 Main Street Prepared For Temecula, CA 92590 Presented: Arthur J. Gallagher & Co. Susan Blankenburg Senior Vice President Arthur J. Gallagher& Co. Insurance Brokers of CA., Inc. License Number- 0726293 1255 Battery Street#450 San Francisco, CA 94111 susan_blankenburg@ajg.com www.ajg.com ©2017 Arthur J. Gallagher&Co. City of Temecula Table of Contents OurTeam and Commitment.......................................................................................................................3 Service Team&Commitment................................................................................................................4 YourProgram..............................................................................................................................................5 NamedInsured----------------------------------------------------------- --------------------------------------------------------------------------6 Exposure& Premium Summary------------------------------------- -----------------------------------------------------------------------7 Marketplace Review..................... ---------------------------- ------------------ ............___......8 ProgramDetails............................................................................ ............ .................. ......................10 General Liability-AIX Specialty Insurance Company...................................................................10 Excess Workers' Compensation-New York Marine&General Insurance Company..................14 Property-AIG...............................................................................................................................16 DIC-Primary$10M-Arrowhead..................................................................................................20 Excess DIC$25M xs$10M-Arrowhead--------------------------------------------------------------------------------------24 Auto Physical Damage-Hanover Insurance Company................................................................27 Cyber Liability-AIG......................................................................................................................31 Cyber Liability—ACE/Chubb--------------------------------------------------------------------------------------------------------35 Crime-Hanover Insurance Company..........................................................................................38 PremiumSummary..............................................................................................................................40 PaymentPlans.....................................................................................................................................42 ProposalDisclosures...............................................................................................................................43 ProposalDisclosures...........................................................................................................................44 Insurance Company Ratings and Admitted Status..............................................................................46 Client Signature Requirements................................................................................................................48 Changes/Developments.....................................................................................................................49 Client Authorization to Bind Coverage.................................................................................................50 Surplus Lines Notice-California............................... ............... ...... ...... ....53 CarrierTRIA&Other Forms................................................................................................................55 Appendix....................................................................................................................................................68 ClaimsReporting By Policy..................................................................................................................69 Bindable Quotations&Compensation Disclosure Schedule................................................................70 Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 2 Our Team and Commitment 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: PHONE/NAME/TITLE • ROLE Susan Blankenburg 415-536-8417 Susan Blankenburg@ajg.com Area Senior Vice President Area Senior Vice President — g@a Jg' Kylie Bailey 415-536-8418 Kylie_Bailey@ajg.com Client Service Executive Assistant Vice President Eric Kikalo 415-536-4053 Eric Kikalo a com Client Service Associate Account Representative — @ Jg' Arthur J. Gallagher&Co. Insurance Brokers of CA., 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 LINE OF • 1. City of Temecula 2. Temecula Community Services District, 3. Oversight Board and The Successor Agency to the Redevelopment Agency, Liability 4. Redevelopment Agency for the City of Temecula, 5. Temecula Public Financing Authority, 6. Temecula Housing Authority, 7. Industrial Development Authority of the City of Temecula 1. City of Temecula 2. Temecula Community Services District, 3. Oversight Board and The Successor Agency to the Temecula Workers' Compensation Redevelopment Agency, 4. Redevelopment Agency of the City of Temecula, 5. Temecula Public Financing Authority 6. Temecula Housing Authority 1. City Temecula, 2. Temecula Community Services District, 3. Oversight Board and The Successor Agency to the Temecula Property Redevelopment Agency, 4. Redevelopment Agency of the City of Temecula, 5. Temecula Public Financing Authority, 6. Temecula Housing Authority 1. City Temecula, 2. Temecula Community Services District, 3. Oversight Board and The Successor Agency to the Temecula Earth Movement& Flood(DIC) Redevelopment Agency, 4. Redevelopment Agency of the City of Temecula, 5. Temecula Public Financing Authority, 6. Temecula Housing Authority 1. City of Temecula; 2. Temecula Community Services District; Auto Physical Damage 3. Oversight Board and The Successor Agency to the Redevelopment Agency; 4. Redevelopment Agency for the City of Temecula; 5. Temecula Public Financing Authority; 6. Temecula Housing Authority Cyber 1. City of Temecula 1. City of Temecula; 2. Temecula Community Services District; Crime 3. Oversight Board and The Successor Agency to the Redevelopment Agency; 4. Redevelopment Agency for the City of Temecula; 5. Temecula Public Financing Authority; 6. Temecula Housing Authority 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 Exposure & Premium Summary EXPIRING RENEWAL 2016 - 2017 2017 - 2018 % Change Exposures Population 106,289.00 106,289.00 0% Payroll $15,262,782.00 $15,451,251.00 1% Property -Total Insured Values $167,768,843.00 $169,192,659.00 1% Auto Physical Damage -TIV $3,024,185.00 $2,891,747.00 -4% Revenue 1 $92,128,664.00 $92,266,058.00 0% Employee Count 1 281.001 280.00 0% Premium Liability ($10M xs $150kSIR) $134,160.00 $139,633.73 4% Workers Compensation $48,263.00 $48,877.00 1% Property $89,803.00 $90,534.00 1% Earth Movement & Flood (DIC) $191,786.88 $174,378.07 -9% Auto Physical Damage $7,102.00 $6,864.00 -3% Cyber $9,614.50 $9,012.50 -6% Crime $2,832.00 $2,832.00 0% TOTAL PREMIUM $483,561.38 $472,131.30 -2% Rate Liability- based on payroll 0.8790 0.9037 3% Workers Compensation -payroll 0.3162 0.3163 0% Property- Total Insured Values 0.0535 0.0535 0% Earth Movement & Flood (DIC) - TIV 0.1143 0.1031 -10% Auto Physical Damage -TIV 0.2348 0.2374 1% Cyber- Revenue 0.1044 0.0977 -6% Crime - Employee Count $10.08 $10.11 0% Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 7 City of Temecula Marketplace Review We approached the following carriers in an effort to provide the most comprehensive and cost effective insurance ro ram. COMPANYINSURANCE •• Liability AIX Specialty Insurance Company(incumbent) Recommended Quote $139,633.73 Brit/Lloyd's Declined to Quote-Pricing not Competitive Euclid Insurance Services,Inc. Declined to Quote-Pricing not Competitive Genesis Underwriting Management Declined to Quote-Pricing not Competitive Old Republic Insurance Declined to Quote-Pricing not Competitive INExcess Workers' Compensation Recommended Quote ($500k SIR): Option 1 —EL Limit$1,000,000 (current) $48,877.00 New York Marine And General Insurance Co. Option 2—EL Limit$2,000,000 $49,860.00 (incumbent) Note:Requested$300k SIR option,however at currently pricing it would be well below their$50k minimum premium. Arch Insurance Group Declined to Quote-Minimum SIR of$750k Midwest Insurance Company Declined to Quote-Minimum SIR of$1M and pricing not competitive Safety National Group Declined to Quote -Minimum SIR is$550k and minimum premium of$90k Property American Home Assurance Co. (incumbent) Recommended Quote $90,534.00 Hartford Financial Services Group Indication (Written)*-limits EQSL to$2.5M $95,000.00 Hanover Insurance Company Declined to Quote-Pricing not Competitive Zurich Insurance Group Ltd Declined to Quote-Pricing not Competitive Earth Movement & Flood (DIC) Arrowhead (incumbent) Primary$10M-Recommended Quote $117,351.82 Arrowhead (incumbent) $25M xs$10M-Recommended Quote $57,026.26 Insurance Co.of the West Declined to Quote-Pricing not Competitive Ironshore Declined to Quote-Pricing not Competitive Lexington Insurance Company Declined to Quote-Pricing not Competitive Auto Physical Damage Hanover Insurance Company(Incumbent) Recommended Quote $6,864.00 Travelers Companies,Inc. Quoted $6,612.00 Allianz SE Declined to Quote-Pricing not Competitive Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 8 City of Temecula Marketplace Review (Cont.) Cyber Recommended Quote: National Union Fire Insurance Company of Option 1 -$1 M in Limits(current) $9,012.50 Pittsburgh PA Option 2-$1 M in Limits w/Event Mgmt Changes $9,632.00 Option 3-$3M in Limits $20,272.00 Option 4-$51VI in Limits $28,778.75 Quoted: Illinois Union Insurance Company Option 1 -$1 M in Limits(current) $9,047.54 Option 2-$31M in Limits $13,959.86 Option 3-$51VI in Limits $21,005.33 The Travelers Companies, Inc. Declined to Quote-Pricing not Competitive Crime Recommended Quote: Option 1 -$1 M xs$10k deductible (As Expiring) $2,832.00 Hanover Insurance Company(incumbent) Option 2-$1 M xs$10k deductible (Enhanced) $3,801.00 Option 3-$2M xs$20k deductible (As Expiring) $4,924.00 Option 4-$21VI xs$20k deductible (Enhanced) $5,887.00 American International Group,Inc. Declined to Quote-Pricing not Competitive Chubb Group of Insurance Companies Declined to Quote-Pricing not Competitive CNA Insurance Companies Declined to Quote—Not a market Travelers Companies,Inc. Declined to Quote-Pricing not Competitive *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. Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 9 City of Temecula Program Details Coverage: General Liability Named Insureds: City of Temecula,Temecula Community Services District, Oversight Board and The Successor Agency to the Redevelopment Agency, Redevelopment Agency for the City of Temecula,Temecula Public Financing Authority,Temecula Housing Authority, Industrial Development Authority of the City of Temecula Carrier: AIX Specialty Insurance Company Policy Period: 7/1/2017 to 7/1/2018 Coverage: DESCRIPTION • General Liability—Each Occurrence&Aggregate $10,000,000 Automobile Liability-Each Accident $10,000,000 Errors&Omissions Liability -Each Occurrence $10,000,000 Errors&Omissions Liability-Annual Aggregate $20,000,000 Employment Practice Liability—Each Occurrence &Aggregate $10,000,000 Sexual Harassment Liability-Each Occurrence &Aggregate $10,000,000 Sexual Abuse Liability- Each Occurrence&Aggregate $10,000,000 Employee Benefits Liability-Each Occurrence&Aggregate $10,000,000 Law Enforcement Liability-Each Occurrence &Aggregate;except: $10,000,000 • Reimbursement Of Defense Costs Incurred Prior To Denial Or Declination: -Any One Insured $25,000 ■Each Occurrence $50,000 ■Aggregate $100,000 Clash Coverage $450,000 Self-Insured Retention: COVERAGE • Each Occurrence; except: $150,000 Law Enforcement Liability-Reimbursement Of Defense Costs Incurred Prior To Denial Or $0 Declination: Endorsements include, but are not limited to: DESCRIPTION Common Declarations Page Signatures Protected Self-Insurance Package Policy Coverage Form Statutory Requirement Endorsement Service of Process Endorsement Endorsement—Additional Named Insureds-Per Expiring Policy Endorsement—Employer's Liability-$2,000,000 xs$1,000,000 underlying limit Arthur J.Gallagher&Co.Inrce Brokers of CA.,Inc. - 10 City of Temecula Marketplace Review (Cont.) Endorsements include, but are not limited to: DESCRIPTION Endorsement—Section IV-Errors&Omissions-Occurrence Endorsement—Section VI-Employee Benefits Liability-Occurrence Endorsement—Section IV—Amendment to Errors&Omissions to be Occurrence form as opposed to Claims-Made Endorsement—Section VI—Amendment to Employee Benefits Liability to be Occurrence form as opposed to Claims-Made Exclusions include, but are not limited to: COVERAGE • General Policy Communicable Disease General Policy Designated Operations: Riverside County Sheriffs and Riverside County Fire Department NPR00240715 General Policy Eminent domain, condemnation proceedings, adverse possession or inverse condemnation proceedings General Policy ERISA Expenses from any cost, civil fine, penalty or expense against any INSURED for any General Policy compliance or enforcement action from any Federal, State or local governmental regulatory or administrative agency General Policy Fraudulent or Dishonest Acts Committed by the Insured General Policy Fungal Pathogens(Mold)or Bacteria General Policy Investment activities,or the administration of self-insurance funds General Policy Lead General Policy Nuclear, Biological,chemical or Radiological Acts of Terrorism NPR00130715 General Policy Pollution with exception to Hostile Fire and Equipment use to Heat, Cool or Dehumidify the Building General Policy War or Military Action General Liability Aircraft/Airport Liability General Liability Employment Related Practices General Liability Law Enforcement Liability General Liability Property of the Insured General Liability Reasonable Force or Corporal Punishment General Liability Sexual Abuse General Liability Sexual Harassment General Liability Watercrafts over 50 feet General Liability Workers Compensation or similar law Automobile Liability First party physical damage coverage; uninsured and/or underinsured motorist law; no fault law; or personal injury protection law Automobile Liability Racing or demolition contest or stunting activity Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 11 City of Temecula Marketplace Review (Cont.) Exclusions include, but are not limited to: COVERAGE • Automobile Liability Workers Compensation or similar law E&O Equal Employment Opportunity Commission(EEOC) EBL Bodily Injury or Property Damage or Personal Injury EBL Discrimination against an employee EBL Dishonest,fraudulent,criminal or malicious act or omission EBL Employment Practices EBL ERISA EBL Failure of any investment to perform as represented by you EBL Failure of performance of contract EBL Failure to comply with mandatory provisions of any law concerning Workers' Compensation, unemployment insurance,social security or disability benefits EBL Labor Relations/Occupational Safety/Notification/Workers Compensation/Wage and Hour LEL Aircraft/Airport Liability LEL Property of the Insured LEL Watercrafts over 50 feet Binding Requirements: DESCRIPTION Subject To signed and dated TRIPRA and MUM Selection/Rejection forms at binding Other Significant Terms and Conditions/Restrictions: DESCRIPTION Exposure information per application signed 3/16/17 and on file with carrier TRIA Option:$596 Plus Tax Of$19.07(included on expiring) Property Records Automatic Acquisition Clause-Reporting Threshold Service Organization Designated by You—Carl Warren &Company Self Insured's—Proof Of Financial Responsibility;Automobile Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 12 City of Temecula Marketplace Review (Cont.) Premium $135,304.00 Taxes&Fees Surplus Lines Tax $4,059.12 Surplus Lines Fee $270.61 Total Taxes&Fees $4,329.73 ESTIMATED PROGRAM COST $139,633.73 Minimum And Deposit Premium- $134,708.00 TRIA/TRIPRA PREMIUM—included on expiring 2016/17 Policy INCLUDED (+Additional Surcharges, Taxes and Fees as applicable) Auditable Exposures: N/A—non-auditable Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 13 City of Temecula Marketplace Review (Cont.) Coverage: Excess Workers'Compensation Named Insured: City of Temecula,Temecula Community Services District, Oversight Board and The Successor Agency to the Temecula Redevelopment Agency, Redevelopment Agency of the City of Temecula,Temecula Public Financing Authority and Temecula Housing Authority Carrier: New York Marine and General Insurance Company Policy Period: 7/1/2017 to 7/1/2018 Coverage: DESCRIPTION • Workers' Compensation Statutory Employers Liability—Option 1 (current) $1,000,000 Employers Liability—Option 2 $2,000,000 Self-Insured Retention: COVERAGE • Each Accident/Employee for Disease or Cumulative Injury $500,000 States: DESCRIPTION States Covered: CA Endorsements include, but are not limited to: DESCRIPTION Named Insured Endorsement Voluntary Compensation &Employers Liability Coverage Endorsement-all employees not subject to the workers' compensation law(California) Waiver of Subrogation(Blanket)-as required by written contract for the above Insured,to issue throughout the policy period. Waiver of Subrogation(Specific)-The Metropolitan Water District of Southern California Exclusions include, but are not limited to: DESCRIPTION Longshore&Harbor Workers'Act Bodily Injury to an Employee While Employed in Violation of Law Bodily Injury Intentionally Caused by Insured Federal Employers' Liability Act Assumptions under Contract Punitive or Exemplary Damages Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 14 City of Temecula Marketplace Review (Cont.) Exclusions include, but are not limited to: DESCRIPTION Jones Act Racketeer-Influenced and Corrupt Organizations Bodily injury to a master or member of the crew of any vessel Loss payable under the workers compensation law of any state(s)not named in Declarations Item 3. (California) Other Significant Terms and Conditions/Restrictions: DESCRIPTION Exposure information per application signed 3/16/17 and on file with carrier Estimated Payroll:$15,446,251 on file with the carrier Estimated Annual Premium Includes TRIA of$499(cannot be rejected) Require full implementation of safety/loss control program and retention of TPA, approved by New York Marine and General Insurance Company, throughout the policy period. 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. New York Marine&General Insurance Company has the right, but not the obligation,to audit the TPA listed above. Policy wording and endorsements will be issued as expiring. It is understood that there is no police and/or firefighter(paid and/or volunteer)exposure and said exposures are excluded in their entirety. OPTION 1-EMPLOYER'S LIABILITY LIMIT OF$1M(current) Premium $48,877.00 ESTIMATED PROGRAM COST $48,877.00 Minimum Premium $43,989.00 TRIA/TRIPRA PREMIUM -cannot be rejected INCLUDED (+Additional Surcharges, Taxes and Fees as applicable) OPTION 2-EMPLOYER'S LIABILITY LIMIT OF $2M Premium $49,860.00 ESTIMATED PROGRAM COST $49,860.00 Minimum Premium $44,878.00 TRIA/TRIPRA PREMIUM -cannot be rejected INCLUDED (+Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: DESCRIPTIONSTATE •• CA Total Payroll $15,446,251 Option 1 -0.3163 per$100 of payroll Option 2-0.3227 per$100 of payroll Arthur j.Gallagher&Co.Insurance Brokers of CA.,Inc. 15 City of Temecula Marketplace Review (Cont.) Coverage: Property Named Insured: City Temecula,Temecula Community Services District, Oversight Board and The Successor Agency to the Temecula Redevelopment Agency, Redevelopment Agency of the City of Temecula,Temecula Public Financing Authority,Temecula Housing Authority Carrier: American Home Assurance Company(AIG) Policy Period: 7/1/2017 to 7/1/2018 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 • COINSURANCE All Covered Property Yes N/A Coverage: SUBJECT OF • Blanket-Limit of Liability $168,000,000 Sub-Limits: DESCRIPTION • Accounts Receivable $1,000,000 Arson or Theft Reward $100,000 Brands and Labels $100,000 Building Materials at Off Premises Storage for Property Under Construction $500,000 Contractor's Equipment $1,000,000 Debris Removal-whichever is less 25%of direct damage or$10,000,000 Deferred Payments $250,000 Demolition and Increased Cost of Construction: Coverage A—Undamaged Portion Policy Limit Coverage B—Demolition $25,000,000 Coverage C—Increased Cost of Construction $25,000,000 Earth Movement/Earthquake Excluded Electronic Data and Media $2,500,000 Electronic Data and Media-Cyber Perils $500,000 Equipment Breakdown $168,000,000 Errors or Omissions $10,000,000 Expediting Expenses $1,000,000 Fairs or Exhibitions $500,000 Fine Arts $500,000 Fire Brigade Charges and Extinguishing Expenses $250,000 Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc 16 City of Temecula Marketplace Review (Cont.) Sub-Limits: DESCRIPTION • Flood Excluded Fungus, Mold or Spore—resultant damage $1,000,000 Installation Coverage $100,000 Land and Water Clean-Up $1,000,000 Locks and Keys $100,000 Machinery or Equipment Startup Option $100,000 Miscellaneous Unnamed Locations $2,500,000 Money and Securities $50,000 Named Storm $168,000,000 Newly Acquired Property $10,000,000 Outdoor Property $250,000 Personal Property Not at a Covered Location $2,500,000 Preservation of Property $1,000,000 Professional Fees $250,000 Property Removed From a Covered Location $100,000 Railroad Rolling Stock $100,000 Salespersons Samples $100,000 Service Interruption $1,000,000 Spoilage $250,000 Transit $1,000,000 Upgrade to Green—Physical Damage&Time Element 25%of loss w/maximum of$500,000 Valuable Papers and Records $5,000,000 Time Element Coverages: Attraction Property—30 days $250,000 Contingent Time Element: $500,000 Contractual Penalties $100,000 Crisis Management-30 days $100,000 Extended Period of Indemnity 180 Days Extra Expense $1,000,000 Ingress&Egress—30 days $500,000 Interruption by Civil or Military Authority—30 days $500,000 Logistics Extra Cost $100,000 Ordinary Payroll 60 days Rental Value $10,000,000 Royalties $50,000 Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 17 City of Temecula Marketplace Review (Cont.) Sub-Limits: DESCRIPTION • Service Interruption $1,000,000 Soft Costs $500,000 Deductibles: COVERAGE • Per Occurrence,except: $10,000 Service Interruption 24 hours Perils Covered: DESCRIPTIONTYPE Special Form Perils Applies Valuations: � COVERAGE DESCRIPTION Property Damage Replacement Cost Time Element including Extra Expense Actual Loss Sustained Endorsements include, but are not limited to: DESCRIPTION Commercial Property Policy- 113813 2/14 Cancellation Non-Renewal Endorsement-52133 3/07 Special Terms And Conditions Schedule- 117390(02/14) 113812B(02/14) Exclusions include,but are not limited to: DESCRIPTION Earth Movement Exclusion Flood Exclusion Government Action Exclusion War Exclusion Nuclear Hazard, Power Failure Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 18 City of Temecula Marketplace Review (Cont.) Other Significant Terms and Conditions/Restrictions: DESCRIPTION Coverage Territory: United States, its territories and possessions and Puerto Rico, including their respective coastal waters. If any coverage is provided on a worldwide basis,such worldwide coverage shall not include any jurisdiction prohibited or restricted under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union or the United States of America. Losses are only covered within the coverage territory Terrorism included at premium of$3,446 Total Insured Value of$169,192,659 on file with carrier per Statement of Vales as of 3/16/17 Premium $86,034.00 Fees Engineering Fees $4,500.00 Total Fees $4,500.00 ESTIMATED PROGRAM COST $90,534.00 TRIA/TRIPRA PREMIUM —included on expiring 2016/17 Policy INCLUDED (+Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: N/A Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 19 City of Temecula Marketplace Review (Cont.) Coverage: Earth Movement& Flood- Primary$10M Named Insured: City Temecula,Temecula Community Services District, Oversight Board and The Successor Agency to the Temecula Redevelopment Agency, Redevelopment Agency of the City of Temecula,Temecula Public Financing Authority,Temecula Housing Authority Carrier: Empire Indemnity Insurance Company Policy Period: 7/1/2017 to 7/1/2018 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 • COINSURANCE Applies Yes N/A J Limit of Liability: DESCRIPTION • Earth Movement&Flood-Per Occurrence&Aggregate $10,000,000 Sub-Limits: DESCRIPTION • Accounts Receivable $1,000,000 Building Ordinance/ Increased Cost Of Construction/Demolition Cost Included Civil Authority 8 Weeks Course of Construction $5,000,000 Errors&Omissions $1,000,000 Extended Period of Indemnity 365 Days Fine Arts • Per Item $100,000 • Per Occurrence $1,000,000 Fine Arts of Others (unscheduled) in the care, custody and control of the insured(NEW) • Per Item $10,000 • Per Occurrence $250,000 Ingress/Egress 8 Weeks Land Improvements including trees,shrubs and plants $250,000 Leasehold Interest $500,000 Loss Adjustment Expenses(excluding fees associated with public adjuster) $100,000 Miscellaneous Personal Property of the Insured(not reported and not at covered premises) $500,000 Miscellaneous Unnamed Locations $500,000 Newly Acquired Properties(120 day reporting) $5,000,000 Personal Property of Others $500,000 Arthur J.Gallagher&Co.Insurance Brokers of 07,77 20 City of Temecula Marketplace Review (Cont.) Sub-Limits: DESCRIPTION AMOUNT Rented Mobile/Contractors Equipment $500,000 Service Interruption-PD&BI(excluding overhead T&D lines) $1,000,000 Deductibles: COVERAGE AMOUNT Earthquake 5% Per Unit/$50,000 Minimum Earthquake—Former YMCA 25% Per Unit/$50,000 Minimum Flood—High Hazard Zones (A, V, X500 (X Shaded)& B)—specific locations 2% Per Location/$500,000 Minimum Flood—Outside High Hazard $100,000 All Other Perils $25,000 Valuations: COVERAGE DESCRIPTION Property Damage Replacement Cost Time Element including Extra Expense Actual Loss Sustained Endorsements include,but are not limited to: DESCRIPTION ACCOUNTS RECEIVABLE—0204S ADDITIONAL POLICY CONDITIONS-0102 AMENDED CANCELLATION PROVISION-0614—90/10 days BUILDING ORDINANCE OR LAW—0202A—included up to policy limits BUSINESS INCOME-EXTENDED PERIOD OF INDEMNITY-0412 BUSINESS INCOME COVERAGE FORM-0201 CANCELLATION AND NONRENEWAL PROVISIONS -0103 Company Form DEBRIS REMOVAL AMENDMENT-0616 Debris Removal clause (Company Form) DIFFERENCE IN CONDITIONS COVERAGE FORM-0200 DIRECT PD AND BI PER UNIT-0308 DISCLOSURE OF INFORMATION RELATING TO TRIA-U-GU-630-C DW Earth Movement Definition—Any Earth Movement including earthquake, landslide and mine subsidence,earth sinking,earth rising or sinkhole collapse. ELECTRONIC DATA PROCESSING-0203 ENDORSEMENT NO. 1 -0999—adding various coverages Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 21 City of Temecula Marketplace Review (Cont.) Endorsements include, but are not limited to: DESCRIPTION ENDORSEMENT NO. 2-0999—Loss Adjustment Expense FEMA Flood Zone Designation—changes included in coverage subject to policy coverage Flood Zones A,V&X500,X(Shaded),and B Exclusion 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 IMPORTANT NOTICE-STF-GU-199 INGRESS/EGRESS ENDORSEMENT-0410 LEASEHOLD INTEREST COVERAGE FORM-0421 NAMED INSURED ENDORSEMENT-0101 OFF-PREMISES SERVICES-DIRECT DAMAGE-0415A OFF-PREMISES SERVICES-TIME ELEMENT-0415 REPLACEMENT COST-0404 SURPLUS LINES PLACEMENT NOTICE-D-2- TERRITORY COVERAGE LIMITATION-0502A UNINTENTIONAL ERRORS AND OMISSIONS-0413 VALUABLE PAPERS& RECORDS-0205 Exclusions include, but are not limited to: DESCRIPTION All Risk Perils(Including Windstorm) Asbestos/Contamination (Company Form) Boiler and Machinery Earthquake Sprinkler Leakage ELECTRONIC DATA AND COMPUTER SYSTEMS EXCLUSION-0506 Electronic Data and Computer Systems Exclusion(Company Form) Ensuing Loss ENSUING LOSS EXCLUSION -0611 EXCLUSION OF CERTIFIED ACTS OF TERRORISM-U-GU-681-C CW Flood-locations located in 100 year flood plain,X500,X(Shaded)and B flood zones;with exception to scheduled locations FLOOD COVERAGE LIMITATION-100 YEAR FLOOD PLAIN OR SHADED X FLOOD ZONE-0501B Mold (Company Form) Pollution (Company Form) Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 22 City of Temecula Marketplace Review (Cont.) Exclusions include, but are not limited to: DESCRIPTION Theft War Binding Requirements: DESCRIPTION Subject to Signed D-1 Subject to Signed Declination of Terrorism Coverage Other Significant Terms and Conditions/Restrictions: DESCRIPTION Total Insured Value of$169,192,659 on file with carrier per Statement of Values as of 3/16/17 Territory/Locations: CA only Warrant All Risk Underlyer Premium $113,273.00 Taxes&Fees State Tax(3%CA) $3,411.39 Stamping Fee(2%CA) $227.43 Catastrophe Analysis Fee $200.00 Inspection Fee-Company $240.00 Total Taxes&Fees $4,078.82 ESTIMATED PROGRAM COST $117,351.82 Minimum Earned Premium- 25.00% TRIA/TRIPRA PREMIUM (incl SLT&F)—excluded on expiring 2016/17 Policy $58,449.38 (+Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: N/A Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 23 City of Temecula Program Details Coverage: Earth Movement& Flood-$25M xs$10M Named Insured: City Temecula,Temecula Community Services District, Oversight Board and The Successor Agency to the Temecula Redevelopment Agency, Redevelopment Agency of the City of Temecula,Temecula Public Financing Authority,Temecula Housing Authority Carrier: QBE Specialty Insurance Company Lloyd's Syndicate 33 Ironshore Europe Limited Ironshore Insurance Ltd General Security Indemnity Co of Arizona Policy Period: 7/1/2017 to 7/1/2018 Participation Schedule: CARRIER PARTICIPATING LIMIT General Security Indemnity Co of Arizona 25%$6,250,000 Ironshore Europe Limited 10%$2,500,000 Ironshore Insurance Ltd 10%$2,500,000 Lloyd's Syndicate 33 20%$5,000,000 QBE Specialty Insurance Company 35%$8,750,000 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 • COINSURANCE All covered property Yes N/A Limits of Liability: DESCRIPTION • Earth Movement& Flood-Per Occurrence&Aggregate $25,000,000 excess of$10,000,000 Sub-Limits: DESCRIPTION • Per Underlying Deductibles: COVERAGE • Per Underlying Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 24 City of Temecula Program Details (Cont.) Valuations: COVERAGE • Property Damage Replacement Cost Time Element including Extra Expense Actual Loss Sustained Endorsements include, but are not limited to: DESCRIPTION Company Excess Follow Form(subject to review and approval of form we are to follow) Statement of Values form(attempting to remove) Debris Removal Clause (Company Form) Excess Limit of Liability and Participation Clause (Company Form) Exclusions include, but are not limited to: DESCRIPTION All Risk Perils(Including Windstorm) Asbestos/Contamination (Company Form) Boiler and Machinery Earthquake Sprinkler Leakage Electronic Data and Computer Systems Exclusion(Company Form) Ensuing Loss Lloyd's Biological or Chemical Materials Lloyd's Electronic Data Recognition Lloyd's Land,Water and Air Lloyd's Radioactive Contamination Lloyd's Seepage and/or Pollution and/or Contamination Lloyd's War and Civil War Mold(Company Form) Nuclear/Radioactive/Biological and Chemical Exclusion Pollution (Company Form) 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. 8300 Mercedes,Temecula, CA 6. 2 Arches at Old Town Temecula,Temecula,CA Theft Underlying Sub limited Coverages War Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inti 25 City of Temecula Program Details (Cont.) Binding Requirements: DESCRIPTION Subject to signed TRIA form Subject to Signed D-1 form Other Significant Terms and Conditions/Restrictions: DESCRIPTION Total Insured Value of$169,192,659 on file with carrier per Statement of Vales as of 3/16/17 Territory/Locations: CA only Warrant All Risk Underlyer Drop Down clause applicable only to covered locations, perils and interests Premium $54,458.00 Taxes&Fees Surplus Lines State Tax $1,657.74 Stamping Fee $110.52 Catastrophe Analysis Fee $800.00 Total Taxes&Fees $1,657.74 ESTIMATED PROGRAM COST $57,026.26 Minimum Earned Premium- 25.00% TRIA/TRIPRA PREMIUM (incl SLT&F)—excluded on expiring 2016/17 Policy $28,100.33 (+Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: N/A Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 26 City of Temecula Program Details (Cont.) Coverage: Automobile Physical Damage&Contractor's Equipment Named Insured: City of Temecula; Temecula Community Services District; Oversight Board and The Successor Agency to the Redevelopment Agency; Redevelopment Agency for the City of Temecula; Temecula Public Financing Authority;Temecula Housing Authority Carrier: Hanover Insurance Company Policy Period: 7/1/2017 to 7/1/2018 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 • • RANCE All covered property Yes N/A Limit of Liability: DESCRIPTION • Auto Physical Damage—Catastrophic Limit $2,546,887 Contractors Equipment-Maximum per item limit $1,000,000 Sub-Limits: DESCRIPTION • Auto Physical Damage: Debris Removal • Percentage of loss to direct physical damage 25% • Additional Expense $25,000 Newly Acquired and substitute Vehicles $1,000,000 Personal Effects • Per Person $1,000 • Per Occurrence $10,000 Pollutant Cleanup And Removal $10,000 Rental Reimbursement • Per Day $500 • Maximum $10,000 Towing and Labor Costs $25,000 Contractor's Equipment: Catastrophe Limit $404,860 Construction Equipment • Any one trailer $10,000 • Any one loss $50,000 Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 27 City of Temecula Program Details (Cont.) Sub-Limits: DESCRIPTION • Continuing Rental Or Lease Payments: • Per occurrence $25,000 • Per item $5,000 • Annual Limit $25,000 Debris Removal • Percentage of loss to direct physical damage 25% • Additional Expense $25,000 Employee Tools $10,000 Equipment leased from others—per item and occurrence $50,000 Equipment leased or rented to others $50,000 Equipment loaned to others $50,000 Fire Department Service Charge $1,000 Fraud and deceit $50,000 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 Tools • Any one tool $5,000 • Any one loss $10,000 Waterbome $50,000 Deductibles: COVERAGE • Per Occurrence $5,000 Contractor's Equipment-Rental Reimbursement Waiting Period 72 Hours Valuations: COVERAGE • Property Damage Replacement Cost Perils Covered: DESCRIPTIONTYPE Special Form Perils Applies Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 28 City of Temecula Program Details (Cont.) Endorsements include, but are not limited to: DESCRIPTION APD Auto Physical Damage form 1M441-1075 01 09 APD Annual Adjustment, Reporting Provisions IM 7851 D (Manuscript endorsement)—50%of agreed rates APD Replacement cost not to exceed 125%of SOV value; no age restriction. Other valuation terms are per expiring. Manuscript endorsement—Valuation IM 7851 B APD Personal Effects and Rental Reimbursement Extension IM 7851 A APD 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. Manuscript endorsement—Property Not Covered,Scheduled Vehicle Physical Damage Floater,3. Communication Equipment IM 7851 C APD Vehicles Borrowed From Others, Manuscript endorsement IM 7851 E(NEW) APD Amended Property Not Covered and Amended Definition of Vehicles, Manuscript endorsement IM 7851 F(NEW)—excludes Contractor's Equipment from APD and broadens vehicle definition to clearly include passenger vehicles,emergency vehicles, and light duty trucks Contractor's Equipment IM441-1048,AAIS IM7002 Contractor's Equipment Tools Endorsement-IM 7034 Contractor's Equipment Continuing Rental Or Lease Payments-IM 7038 Exclusions include, but are not limited to: COVERAGE • Property Not Covered-Aircraft or Watercraft; Cargo; Communication Equipment; APD Contraband; Leased or Rented Property; Personal Effects; Mobile Equipment;Tools; Loaned Property;Suspended, Revoked,or Invalid License;Waterborne Property. Perils Excluded-Civil Authority; Nuclear Hazard;War and Military Action; Contamination APD 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 Contractor's Equipment Property Not Covered-Aircraft or Watercraft; Contraband; Underground Mining Operations; Vehicles Perils Excluded-Civil Authority, Nuclear Hazard;War and Military Action; Contamination Contractor's Equipment or Deterioration; Criminal, Fraudulent, Dishonest or Illegal Acts; Loss of Use; Mechanical Breakdown; Missing Property, Pollutants;Temperature/Humidity;Voluntary Parting; Wear and Tear. Binding Requirements: DESCRIPTION Subject To Sign Disclosure Pursuant To Terrorism Risk Insurance Act Gallagher&Co.Insurance Brokers of CA.,Inc. 29 City of Temecula Program Details (Cont.) Other Significant Terms and Conditions/Restrictions: DESCRIPTION Total Insured Value of$2,891,747 on file with carrier per Statement of Vales as of 2/15/17 Rate:$0.231 Rating Base: APD$2,546,887 and CE$344,860 We may elect to provide loss control service to this account and would anticipate compliance with any essential recommendations. Proposal subject to loss activity to the renewal date TRIA included at$184.00 Premium $6,864.00 ESTIMATED PROGRAM COST $6,864.00 TRIA/TRIPRA PREMIUM—included on expiring 2016/17 Policy INCLUDED (+Additional Surcharges,Taxes and Fees as applicable) Minimum Premium $2,500.00 Subject to Audit: Annual DESCRIPTION •• [Total Insured Value $2,891,747 118 (50%of rate including TRIA) ArthurJ.Gallagher&Co.Insurance Brokers of CA.,Inc. 30 City of Temecula Program Details Coverage: Cyber Liability Named Insured: City of Temecula Carrier: National Union Fire Insurance Company of Pittsburgh PA(incumbent) Policy Period: 7/1/2017 to 7/1/2018 Form Number: 101013 (12/13) Form Type: RETROACTIVECOVERAGE FORM TYPE DATE PRIOR DATE Media Content Insurance, Security and Privacy Liability Insurance, Network Interruption Insurance, ClaimsMdN/A—Full Prior Acts Event Management Insurance,Cyber Extortion Made Previously 7/1/2016 Insurance, Reputation Guard Limits of Liability: DESCRIPTION • Option 1: Media Content Insurance $1,000,000 Security and Privacy $1,000,000 Regulatory Action $1,000,000 Network Interruption Insurance (NEW) $1,000,000 Event Management Insurance $1,000,000 Cyber Extortion Insurance $1,000,000 Reputation Guard $50,000 Payment Card Industry Data Security Standards (PCI DSS)Assessment— $1,000,000 increased from$100,000 Aggregate $1,000,000 Option 2-same as Option 1 with exception to: • Event Management Insurance—in lieu of$1 M limit amended to 500,000 Individuals(100 Min) • Event Management—Forensics, Legal PR Services added $500,000 Event Response $1M Electronic Data Option 3 -same as Option 1 with exception to: • Increased Limits $3,000,000 Option 4-same as Option 1 with exception to: • Increased Limits $5,000,000 Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 31 City of Temecula Program Details (Cont.) Deductible/SIR: COVERAGE • Each Claim;except: $15,000 Network Interruption Insurance-Waiting Hours Period 12 hours Any Other Continuity or Specific Dates/Limits applicable to the Claims-Made Conditions: COVERAGE • DATE Media Content Insurance 7/1/2016 Security and Privacy Liability Insurance 7/1/2016 Network Interruption Insurance 7/1/2017 Event Management Insurance 7/1/2016 Cyber Extortion Insurance 7/1/2016 Reputation Guard 7/1/2016 Claims Made Coverage: Should you elect to change carriers(if a new retroactive 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 made during the extended reporting period for wrongful acts 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: REPORTING • • DESCRIPTION Refer to attached policy form Extended Reporting Period (ERP)Options*: DESCRIPTION PREMIUM PREMIUM DUE LENGTH % OF EXPIRING AMOUNT DATE PREMIUM Refer to attached policy form *If ERP coverage is desired, then that request must be in writing to the carrier. Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 32 City of Temecula Program Details (Cont.) Run Off Provisions: DESCRIPTION PREMIUM PREMIUM DUE LENGTH % OF AMOUNT DATE PREMIUM Refer to attached policy form Additional Coverage: DESCRIPTION • Personal Identity Coverage Endorsement(Coverage For Directors And Officers Only) $25,000 System Failure Sublimit policy limit IT Provider Security Failure Sublimit policy limit Outsource Provider Security Failure $500,000 IT Provider System Failure sublimit policy limit Outsource Provider System Failure $500,000 Endorsements include, but are not limited to: DESCRIPTION Specialty Risk Protector- 101013 (12/13) SRP General Terms And Conditions(Countrywide)(12/13)- 101013 12/13 Network Interruption Coverage Section(12/13)-New- 101021 12/13(NEW) SRP Reputation Guard Coverage Section - 115982 12/13 Cyber Extortion Coverage Section (12/13)- 101017 12/13 Event Management Coverage Section(12/13)- 101018 12/13 Security And Privacy Coverage Section(12/13)-101024 12/13 Media Content Coverage Section(Claims Made)(12/13)-101019 12/13 CA Cancellation/Nonrenewal Endorsement-52133 03/07 California Punitive Damages Law Endorsement-90143 12/05 Notice Of Claim(Reporting By E-Mail)-99758 08/08 Economic Sanctions Endorsement- 119679 09/15 Bitcoin Ransom Coverage Endorsement- 121388 03/16 Choice Of Panel Counsel Endorsement- 103452 11/09 Conduct Exclusion Amendatory Endorsement- 111375 07/12 Control Group Definition Amendatory Endorsement(Amending List Of Officers; Non-Administrative Personnel)- 115985 12/13 Criminal Reward Coverage Extension-105567 05/10 Cyberterrorism Coverage Endorsement- 117895 05/14 —E-Discovery Consultant Services Coverage Endorsement- 107376 11/10 Notice Of Claim Provision Amendatory Endorsement(Sixty Day Post Policy Reporting Period)- 103456 11/09 Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 33 City of Temecula Program Details (Cont.) Endorsements include, but are not limited to: DESCRIPTION Retention Amendatory Endorsement- 105565 05/10 Security Failure Definition Amendatory Endorsement(Physical Theft Of Hardware)- 115989 12/13 Cancellation Amendatory(Return Pro Rata)- 101036 04/09 Cyberedge Loss Prevention Services Endorsement- 125593 03/17 Loss Definition Amended Endorsement- 121827 06/16 Personal Identity Coverage Endorsement(Coverage For Directors And Officers Only)-117178 12/13 State Amendatory Inconsistent Endorsement-105165 04/10 System Failure Coverage Endorsement(IT Providers)-121826 06/16 Wrongful Collection Coverage Endorsement- 105163 12/13 Split Retroactive Date Endorsement—For limits over$1,000,000 if Option 3 or 4 is bound- 119447 05/1 5 Forms Index Endorsement-78859 10/01 Exclusions include, but are not limited to: 'DESC- • Encryption Exclusion Endorsement-104120 02/10 Binding Requirements: DESCRIPTION Subject to Wrongful Collection and System Failure supplemental applications Prior to Binding Subject to Receipt of Warranty letter. If not received the retroactive dates of 7/1/2016 will be reinstated at time of binding. Subject to Signed TRIA Form Other Significant Terms and Conditions/Restrictions: DESCRIPTION Exposures per Application signed 3/16/17 on file with the carrier Retroactive Date: Media Content Insurance and Security and Privacy Liability Insurance-Full Prior Acts Total Premium Includes TRIA Premium of$83 Option 1 ($1 M in Limits)-Net Premium $9,012.50 Option 2 ($1 M in Limits w/Event Management Changes)- $9,632.00 Net Premium Option 3 ($3M in Limits)-Net Premium $20,272.00 Option 4($5M in Limits)-Net Premium $28,778.75 TRIA/TRIPRA PREMIUM INCLUDED (+Additional Surcharges, Taxes and Fees as applicable) Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 34 City of Temecula Program Details (Cont.) Coverage: Cyber Liability Named Insured: City of Temecula Carrier: Illinois Union Insurance Company(ACE/Chubb) Policy Period: 7/1/2017 to 7/1/2018 Form Number: PF-48169 (10/16) Form Type: RETROACTIVECOVERAGE FORM TYPE DATE PRIOR DATE 1"Party—Cyber Incident Response Fund &Network Claims Made N/A—Full Prior Extortion Acts 3`d Party-Cyber, Privacy And Network Security Liability 7/1/2016 7/1/2017 (Payment Card Loss, Regulatory Proceedings), Claims Made (AIG is Full Prior) (AIG is Full Prior) Electronic, Social And Printed Media Liability Limits of Liability: DESCRIPTION • Option 1: Media Content Insurance $1,000,000 Security and Privacy $1,000,000 Regulatory Action $1,000,000 Network Interruption Insurance Excluded (AIG includes up to$1,000,000) Event Management Insurance $1,000,000 Cyber Extortion Insurance $1,000,000 Reputation Guard Included (AIG limited to$50,000) Payment Card Industry Data Security Standards (PCI DSS)Assessment $500,000 (AIG at$1,000,000) Non-Panel Response Provider—Aggregate $100,000 (AIG does not offer) Aggregate $1,000,000 Option 2-same as Option 1 with exception to: • Increased Limits $3,000,000 Option 3 -same as Option 1 with exception to: • Increased Limits $5,000,000 Deductible/SIR: COVERAGE • Each Claim $15,000 Arthur J.Gallagher&Co.Insurance Brokers of CA.,TM 35 City of Temecula Program Details (Cont.) Claims Made Coverage: Should you elect to change carriers(if a new retroactive 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 made during the extended reporting period for wrongful acts 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: REPORTING • • DESCRIPTION Refer to attached policy form Extended Reporting Period(ERP)Options: DESCRIPTION PREMIUM PREMIUM DUE LENGTH % OF AMOUNT DATE PREMIUM Extended Reporting 100% - 12 -- Period Months *If ERP coverage is desired, then that request must be in writing to the carrier. Endorsements include, but are not limited to: DESCRIPTION Policyholder Notice Cyber Services for Incident Response-PF-48259(10/16) Chubb Producer Compensation Practices&Policies-ALL-20887a(03/16) U.S.Treasury Department's Office of Foreign Assets Control("OFAC")- PF-17914a(04/16) U.S. Foreign Account Tax Compliance Act(FATCA)-ALL-42490b(07/16) California Amendatory Endorsement Signatures Endorsement—Non admitted Trade or Economic Sanctions Endorsement-PF-46422(07/15) Waiver of Application—AIG/Specialty Risk Protector App/3/18/17 Surplus Lines Notice Chubb Cyber Enterprise Risk Management Policy-PF-48167(10/16) Binding Requirements: DESCRIPTION Subject to Executed Warranty Letter Arthur J.Gallagher&Co.Insurance Brokers of CA.,TM 36 City of Temecula Program Details (Cont.) Other Significant Terms and Conditions/Restrictions: DESCRIPTION Exposures per Application signed 3/16/17 on file with the carrier Option 1 ($11VI in Limits)-Premium including T&F of$280.54 $9,047.54 Option 2 ($31VI in Limits)-Premium including T&F of$432.86 $13,959.86 Option 3 ($51VI in Limits)-Premium including T&F of$651.33 $21,005.33 TRIA/TRIPRA PREMIUM INCLUDED (+Additional Surcharges, Taxes and Fees as applicable) Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 37 City of Temecula Program Details Coverage: Crime Named Insured: City of Temecula; Temecula Community Services District; Oversight Board and The Successor Agency to the Redevelopment Agency; Redevelopment Agency for the City of Temecula; Temecula Public Financing Authority; Temecula Housing Authority Carrier: Hanover Insurance Company Policy Period: 7/1/2017 to 7/1/2018 Limit of Liability: DESCRIPTION OPTION 1 OPTION 2 OPTION 3 OPTION (Per Expiring) Employee Theft $1,000,000 $1,000,000 $2,000,000 $2,000,000 Employee Theft—Faithful Performance of Duty Coverage for Government $1,000,000 $1,000,000 $1,000,000 $1,000,000 Employees Forgery Or Alteration $1,000,000 $1,000,000 $2,000,000 $2,000,000 Loss Inside The Premises—Theft of Not Covered $1,000,000 Not Covered $2,000,000 Money And Securities Loss Inside The Premises-Robbery Or Not Covered $1,000,000 Not Covered $2,000,000 Safe Burglary of Other Property Loss Outside The Premises Not Covered $1,000,000 Not Covered $2,000,000 Computer Fraud $1,000,000 $1,000,000 $2,000,000 $2,000,000 Funds Transfer Fraud $1,000,000 $1,000,000 $2,000,000 $2,000,000 Funds Transfer Fraud—False Pretenses $100,000 $100,000 $250,000 $250,000 Money Orders And Counterfeit Money Not Covered $1,000,000 Not Covered $2,000,000 Prior Theft or Dishonesty $25,000 $25,000 $25,000 $25,000 Credit, Debit and Charge Card Forgery Not Covered $1,000,000 Not Covered $2,000,000 Expenses Incurred to Establish Amount of $25,000 $25,000 $25,000 $50,000 Coverage—increased from$10,000 Deductibles: COVERAGE OPTION 1 OPTION 2 OPTION 3 OPTION (Per Expiring) Each Loss;except: $10,000 $10,000 $20,000 $20,000 Employee Theft—Faithful Performance of $10,000 $10,000 $10,000 $10,000 Duty Coverage for Government Employees Funds Transfer Fraud—False Pretenses $10,000 $10,000 $25,000 $25,000 Premium: COVERAGE OPTION 1 OPTION 2 OPTION 3 OPTION (Per Expiring) Total Premium $2,832 $3,801 $4,924 $5,887 Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 38 City of Temecula Program Details (Cont.) Endorsements include, but are not limited to: DESCRIPTION Government Crime Policy-CR 00 26 05 06 Include Treasurers or Tax Collectors as Employees-CR 25 12 08 07 Include Chairperson and Members of Specified Comm-CR 25 06 08 07 Include Volunteer Workers other than Fund Solicitors -CR 01 64 06 06 Add Faithful Performance of Duty Coverage for Govern-CR 25 19 05 06 Include Expenses Incurred to Establish Amount of Coverage-CR 25 40 08 07 Bonded Employee Exclusion Deleted- 181-1515 Funds Transfer Fraud-False Pretenses-181-1658 Amend Computer Fraud-181-1659 Prior Theft or Dishonesty- 181-1642 State Endorsement-CR 02 49 08 07 Add Credit, Debit and Charge Card Forgery-CR 25 20 08 07(Only applicable to Options 2&4) 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 Other Significant Terms and Conditions/Restrictions: DESCRIPTION Exposures per Application signed 3/16/17 on file with the carrier Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 39 City of Temecula Premium Summary The estimated program cost for the options are outlined in the following table: -• PROPOSED PROGRAM(S) LINE OF •VERAGE RECOMMENDED RECOMMENDED General Liability Premium AIX Specialty $130,000.00 AIX Specialty $135,304.00 - Taxes& Fees Insurance $4,106.00 Insurance $4,329.73 - Estimated Cost Company $134,160.00 Company $139,633.73 - TRIA Premium Included Included - Excess Workers' Premium New York Marine $48,263.00 New York Marine $48,877.00 New York Marine $49,860.00 Compensation Taxes& Fees And General - And General - And General - Estimated Cost Insurance $48,263.00 Insurance $48,877.00 Insurance $49,860.00 TRIA Premium Company Included Company Included Company Included Property Premium American Home $85,303.00 American Home $86,034.00 - Total Fees Assurance $4,500.00 Assurance $4,500.00 - Estimated Cost Company(AIG) $89,803.00 Company(AIG) $90,534.00 - TRIA Premium Included Included - DIC-Primary$10M Premium Empire Indemnity $124,800.00 Empire Indemnity $113,273.00 - Taxes& Fees Insurance Co $4,447.68 Insurance Co $4,078.82 - Estimated Cost $129,247.68 $117,351.82 - TRIA Premium Excluded Excluded - Excess DIC -$25M xs Premium QBE Specialty $60,000.00 QBE Specialty $54,458.00 - $10M Taxes& Fees Lloyd's Syn#33 $2,539.20 Lloyd's Syn#33 $1,657.74 - Estimated Cost Ironshore $62,539.20 Ironshore $57,026.26 - TRIA Premium General Security Excluded General Security Excluded - Auto Physical Damage Premium Hanover Insurance $7,102.00 Hanover Insurance $6,864.00 - Taxes& Fees Company - Company - - Estimated Cost $7,102.00 $6,864.00 - TRIA Premium Included Included - Cyber Liability Premium National Union Fire $9,614.50 National Union Fire $9,012.50 Illinois Union $8,767.00 Taxes& Fees Insurance Co of - Insurance Co of - Insurance $280.54 Estimated Cost Pittsburg, PA(AIG) $9,614.50 Pittsburgh PA(AIG) $9,012.50 Company(ACE $9,047.54 TRIA Premium Excluded Included Group) Included Crime Premium Hanover Insurance $2,832.00 Hanover Insurance $2,832.00 Taxes& Fees Company - Company - Estimated Cost $2,832.00 $2,832.00 TRIA Premium Excluded Excluded Total Estimated Program Cost $484,561.38 $472,131.30 Arthur].Gallagher&Co.Insurance Brokers of CA.,Inc:, 40 City of Temecula Premium Summary Quote from Hanover Insurance Company(Hanover Insurance Companies)is valid until 7/1/2017 Gallagher is responsible for the placement of the following lines of coverage: Quote from Hanover Insurance Company(Hanover Insurance Companies)is valid until 5/26/2017 Auto Physical Damage Quote from Illinois Union Insurance Company(ACE Group)is valid until 7/1/2017 Property Quote from AIX Specialty Insurance Company(Hanover Insurance Companies)is valid until 5/19/2017 Crime Quote from Empire Indemnity Insurance Company(Zurich Insurance Group Ltd)is valid until 7/1/2017 DIC-Primary$10MM Quote from QBE Specialty Insurance Company(QBE Insurance Group),etc...is valid until 7/1/2017 Excess DIC Quote from New York Marine And General Insurance Company(ProSight Specialty Group)is valid until General Liability 6/30/2017 Cyber Liability Quote from American Home Assurance Company(American International Group,Inc)is valid until Excess Workers'Compensation 71112017 Quote from National Union Fire Insurance Company of Pittsburgh PA(American International Group, Inc)is valid until 7/1/2017 It is understood that any other type of exposure/coverage is either self-insured or placed by another brokerage Quote from The Travelers Companies,Inc.is valid until 7/1/2017 firm other than Gallagher.If you need help in placing other lines of coverage or covering other types of exposures,please contact your Gallagher representative. This proposal of insurance features insurance policies which contain cancellation provisions to refund premium other than on a pro-rata basis for such occurrences including but not limited to non-payment of premium(short rate penalty provisions). At your request, we can detail the terms of such cancellation provisions. Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 41 City of Temecula Payment Plans CARRIER LINE OF • •D All Carriers All Lines of Coverage Agency Bill Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 42 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 compensation if stipulated 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 particular insurance company and/or through the particular 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 certain commission rates. These additional commissions, commonly referred to as"supplemental commissions"are frequently known as of the effective date of the applicable insurance placement, but some insurance companies pay 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 placed through Gallagher. 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 is utilized in the placement of a client's account,the facility may earn and retain customary brokerage commission or fees for its work. 5. Gallagher assists its clients in procuring premium finance quotes and unless prohibited by law may earn compensation for this optional 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. 7. Gallagher strives to find appropriate coverage at a competitive price for our clients. In order to achieve these goals,we gather and analyze data about our clients and their insurance coverage. This Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 44 City of Temecula Proposal Disclosures (Cont.) data and the resulting analytical tools help us better understand the current marketplace, more accurately predict future trends and offer tailored solutions to our clients.This 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 contact Gallagher via e-mail at Compensation_Complaints@ajg.com or by regular mail at: AJG Chief Compliance Officer Arthur J. Gallagher&Co. 2850 Golf Rd., 8th Floor Rolling Meadows, IL 60008 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. Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 45 City of Temecula Insurance Company Ratings and Admitted Status PROPOSED INSURANCE COMPANIES A.M. BEST'S .DNOW RATING ADMITTED AIX Specialty Insurance Company A XV Admitted American Home Assurance Company A XV Admitted Empire Indemnity Insurance Company A+XV Admitted General Security Indemnity Co of Arizona A XV Non-Admitted Hanover Insurance Company A XV Admitted Illinois Union Insurance Company A++XV Non-Admitted Ironshore Europe Limited A XIV Admitted Ironshore Insurance Ltd A XIV Admitted Lloyd's Syndicate 33 A XV Non-Admitted National Union Fire Insurance Company of Pittsburgh PA A XV Admitted New York Marine And General Insurance Company A IX Admitted The Travelers Companies,Inc. A++XV Admitted QBE Specialty Insurance Company A XIV Non-Admitted 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. lest Ratings Rating Level sand Categories Fin3nti31 Size Categorie A++,A+ T_._ r SOOO of Pt-p rted FWDyhokkew' Flus A.A- _ __ a^t =Sc I Upto 1,033 FSC IX 21K. B++, E+ vee= _Sc 11 1,070 to 2,030 FSG X B.E- _= FSC III 2,030 to 9,000 F5C XI 790,Ce: :: v++ FSC IV 9,000 to 10,000 FSG XII 'W=a+ FSC V 10,030 to 29,030 FSC XI I I Poor FSG VI 29,0)0 to 90,030 FSC XIV 15M,000 2.300,030 Under Regulatory Supero is ian FSC VI I 90,030 to 100,030 FSC XV 2,0)0,037 or more = I-Lijuidation FSC VIII 103,003 to 290,000 s perrefed 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. 46 City of Temecula Insurance Company Ratings and Admitted Status (Cont.) BEST'S FINANCIAL STRENGTH RATING GUIDE - (FSR) A Best's Financial Strength Rating(FSR)is an independent opinion of an insurer's financial strength and ability to meet Its ongoing insurance policy and contract obligations. An FSR is not assigned to specific insurance policies or contracts and does 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. An FSR is not a recommendation to purchase,hold 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 addition,an FSR may be displayed with a rating Identifier,modifier or affiliation code that denotes a unique aspect of the opinion. Bests Financial Strength Rating(FSR)Scale Rating Rating Rating Category Categories Symbols Notches" Definitions Superior A+ A++ Assigned to Insurance companies that have,In our oplrtion,a supeliorability to meet their ongoing inmsence obligations. Excellent A A- Assigned to insurance companies that have,in our opinion,an excellent ability to meet their ongoing insurance obligations. Good B+ B+s Assigned to insurance companies that have,in our opinion,a good ability to meet their ongoing insurance ohligations. Fair B B- Assigned to insurance companies that have,in our opinion,a fair ability to meet their ongoing insurance obligations. Financial strength th Is vulnerable to adverse changes in underwriting and economic conditions. Marginal C+ C++ 'Wgnscl to inisurenOe companies that have,in our opinion,a marginal ability to meet their ongoing insurance obligations- Financial strength is vulnerable to adverse changes in underwriting and economic condipons. Weak C C_ Assigned to insurance companies that have,in our opinion,a weak ability to meet their ongoing insurance obligations. Financial strength m very vulnerable to adverse changes in underwriting and economic conditions. Poor ❑ Assigned to insurance companies that have,in our opinion,a poor ability to meet their ongoing insurance obligations. Financial strength is extremely vulnerable to adverse changes in underwriting and economic conditions. 'Eaco Best',&Fir ancial Strangtn Rating Category from"A+"to"C"includes a Ratkig Notch to reflect a gradation of financial strength withort Me category.A fisting Notch is expressed with either a second plus"+"or a minus FSR Non-Rating Designations Designation Designation Symbols Definitions Status assigned to insurance companies that are publicly placed under a significant form of regulatory supervision,control or restraint-including E cease and desist orders,conservatorship or rehabilitation,but not liquidation-that prevents conduct of normal ongoing insurance operations; an impaired insurer. F Status assigned to insurance companies that are publicly placed In liquidation by a Court of law or by a forced liquidation;an impaired insurer. Status assigned to rated insurance companies to suspend the Outstanding FSR when sudden and significant events impact operations and 5 rating implications 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 requirements. NR Status assigned to insurance companies that are not rated;may include previously rated insurance companies or insurance companies that have never peen rated by AMBRS. Rating Disclosure—Use and Limitations A Best's Credit Rating(BCR)is a forward-looking independent and objective opinion regarding an insurer's,issuer's or financial obligation's relative creditworthiness.The opinion represents a comprehensive snalysia consisting of a quantitative and qualitative evaluation of balance shoot strength, operating performance and business profile or,where appropriate,the specific nature and details of a security.Because a BCR Is a forward-looking opinion as of the date It is released,it cannot be considered as a fact or guarantee of future credit quality and therefore cannot be described as accurate or inaccurate. A BCR is a relative measure of risk that implies credit quality and is assigned using a scale with a defined population of categories and notches. Entities or obligations assigned the same BCR symbol developed using the same scale,should not be viewed as completely identical in terms of credit quality.Alternatively,they are alike in category(or notches within a category),but giventhere is a prescribed progression of categories(and notches)used in assigning the ratings of a much larger population of entities or obligations,the categories(notches)cannot mirror the precise subtleties of risk that are inherent within similarly rated entities or obligations.While a BCR reflects the opinion of A.M.Best Rating Services,Inc.(AMBRS)of relative creditworthiness, it is not an indicator or predictor of defined impairment or default probability with respect to any specific insurer,issuer or financial obligation.A BCR is not investment advice,nor should it be construed as a consulting or advisory sarvice,a*such;it is not intended to be utilized as a recommendation to purchase, hold or terminate any insurance policy,contract,security or any other financial obligation,nor does it address the suitability of any particular policy or contract for a specific purpose or purchaser. Users of a BCR should not rely on it in making any investment decision;however,'rf used,the BCR must be considered as only one factor.Users must make their own evaluation of each investment decision. A BCR opinion is provided on an"as is"basis without any expressed or implied warranty. In addition,a BCR maybe changed,suspended or withdrawn at anytime for any reason at the sole discretion of AMBRS. OCRs are distributed via the AMBRS website at www.ambest.com. For additional information regarding the development of a BCR and other rating-related information and definitions,including outlooks,modifiers,identifiers and affiliation codes,please refer to the report titled 'Understanding Best's Credit Ratings" available at no charge on the AMBRS website.BCR*are proprietary and may not be reproduced without permission. Copyright 0 2416 by A.M.Best Company,Inc,and/or its affiliates.ALL RIGHTS RESERVED. Version 090116 Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 47 Client Signature Requirements 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. Any newly assumed contractual liability, granting of indemnities, or hold harmless agreements. 3. Circumstances which may require increased liability insurance limits. 4. 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. 5. Immediate advice of any changes to scheduled equipment such as contractors'equipment,electronic data processing,etc. 6. Property of yours that is in transit, unless we have previously arranged for the insurance. 7. 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. 49 City of Temecula Client Authorization to Bind Coverage After careful consideration of Gallagher's proposal dated 5/9/2017,we accept the following coverage(s). Please check the desired coverage(s)and note any coverage amendments below: RESPONSEINSURANCE COMPANY Liability ❑Accept ❑ Reject AIX Specialty Primary$10M $139,633.73 ❑Accept ❑ Reject (incumbent) TRIA @$615.07 (included on expiring) Excess Workers' Compensation New York Marine And Option 1 —EL Limit$1,000,000(current) $48,877.00 ❑Accept E:1 Reject General Insurance Co. Option 2—EL Limit$2,000,000 $49,860.00 ❑Accept ❑ Reject (incumbent) TRIA(cannot be rejected) Property American Home E]Accept El Reject assurance Co. All Risk$168M $90,534.00 E]Accept El Reject (incumbent) TRIA @$3,446 (included on expiring) Earth Movement & Flood (DIC) ❑Accept ❑ Reject Arrowhead Primary$10M $117,351.82 ❑Accept ❑ Reject (incumbent) TRIA @$58,449.38(excluded on expiring) ❑Accept ❑ Reject Arrowhead $25M xs$10M $57,026.26 ❑Accept ❑ Reject (incumbent) TRIA @$28,100.33 (excluded on expiring) Auto Physical Damage IF Hanover Insurance El Accept El Reject Company APD &CE $6,864.00 E]Accept E:1 Reject (Incumbent) TRIA @$184.00 (included on expiring) ❑Accept ❑ Reject Travelers APD &CE $6,612.00 ❑Accept ❑ Reject Companies, Inc. TRIA @$615.07 (included on expiring) Cyber ❑Accept ❑ Reject National Union Fire Option 1 -$1 M in Limits (current) $9,012.50 E]Accept E] Reject Insurance Company Option 2-$1 M in Limits w/Event Mgmt Changes $9,632.00 E]Accept E:1 Reject of Pittsburgh PA Option 3-$3M in Limits $20,272.00 E:1 Accept E:1 Reject (incumbent) Option 4-$5M in Limits $28,778.75 E:1 Accept ❑ Reject TRIA @$83 ❑Accept ❑ Reject Option 1 -$1 M in Limits (current) $9,047.54 ❑Accept ❑ Reject Illinois Union Option 2-$31VI in Limits $13,959.86 ❑Accept ❑ Reject Insurance Company Option 3-$51VI in Limits $21,005.33 ❑Accept ❑ Reject TRIA @$0 Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 50 City of Temecula Client Authorization to Bind Coverage (Cont.) Crime ❑Accept ❑ Reject Hanover Insurance Option 1 -$1 M xs$10k deductible (As Expiring) $2,832.00 ❑Accept ❑ Reject Option 2-$1 M xs$10k deductible (Enhanced) $3,801.00 E]Accept E] Reject Company Option 3-$2M xs$20k deductible (As Expiring) $4,924.00 E]Accept ❑ Reject (incumbent) Option 4-$2M xs$20k deductible (Enhanced) $5,887.00 The above coverage may not necessarily represent the entirety of available insurance products. If you are interested in pursuing additional coverages other than those addressed in the coverage considerations included in this proposal, please list below: Producer/ Client Initials Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 51 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: Print Name(Specify Title) Signature Date: Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 52 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 NOW 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 OR INTERNET WEB SITE WWW.INSURAN CE.CA.GOV. 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.INSURAN CE.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: D-1 (Effective January 1 , 2017) AGENCY CUSTOMER I D: ACCWTH INSURANCE SUPPLEMENT AMN" CARMER n.w _sue Airffr,rI Gallagher AIX Speaaity Insurance Cwgmny 2a33 64lcy NLhwam ANUCANT i r4j6WE0 irALMED Owt3bw Orkly City Of Ternerula POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM 114SURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act,as amended,you have a right to purchase insurance coverage For losses resulting frorn acts of terrorism.As defined in Section 102(1)of the Act:The term "act of terrod sm'means any acct or acts that are certified by the Secretary of the Treasury—in cortsuftation-with the Secretary of Homeland Security,and the Attorney General of the United State�be an act of terrorism;to be a violent act or an act that is dangerous to human life, property,or infrastructure;to have resulted in damage within the United States,or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission: and to have been oommitted by an individual or individuals as part of an effort to coerce the civilian population of the United .Mates or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT WHERE CO`,IER-1,GE IS PRUSIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM.SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GD%ERNhENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS 'WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA,THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85%THROUGH 2I11S;84%BEGINNING ON JANUARY 1,2010;8a%BEGINNING ON JANUARY t,20117;82%BEGINNING ON,JANUARY 1, 2x18; 8'1% BEGINNING ON JANUARY 1, 2019 and 80% BEGINNING ON JANUARY 1, 2020, OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE_ THE PREMIUM CHARGED FOR THIS COVERAGE IS PRcYVIDED BELOW AND DOES NOT INCLUDE.ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COI FRED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT,AS AMENDED, CONTAINS A 11DO BILLION CAP THAT LIMITS U-S_ GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $10 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED$100 BILLION,YOUR COVERAGE MAYBE REDUCED. Acceptance or Rejection sof Terrorism Insurance Coverage ❑ I hereby elect to purchase terrorism eooer ge for a prospective premium of$ see chime Letter I hereby decline to purchase terrorism coverage for certified acts of terrorism_ I under u�ind that I-M II ha-we no coverage for losses resulting from certified acts of terrorism. PloliWhGkkr0 Applicant's Signature Print Name Date PolicylTakiert Applicant's Signature Print Flame Date Pulioyhakier0 Applicant's Signature Print Fume Date Effective Date Includes copyrighted material mof the National Association of Insurance Commissioners,wish ifs permission. A00RfD 60 US 1201 U01) z 2003-2015 ACORD CORP+ORATMOH. All rights resefved. The ACORD name and Iagv are registered marks of ACORD Liability(AIX)Auto Supplement—rejected on expiring AGENCY OUST +H Id: -cCALIFORNIA AUTO SUPPLEMENT ACIEIYC�r AP#Lwt HIT/NAMED 148UEIISI POLF'T WMEfER CARRER NAIL CG�t MANDATORY UNINSURED MOTORISTS BODILY INJURIA COVERAGE OFFER The California Insurance Code requires that all automobile liability policies contain Uninsured Motorists Bodily Injury Coverage with limits equal to your Bodily Injury Liability Coverage, but limits in excess of $30,000 per person, $60..0 per accident split limits, or$60,000 per accident single limit are not required to be offered.You may reject these limits and select limits Iowerthan the Bodily Injury Liability Coverage. Uninsured Motorists Bodily Injury Covera°pays for bodily injury losses to you and your passengers as a result of an acddentwith a driver who has no Iiablity protection and is legally responsible for the injuries. This includes a hit-and-run vehicle whose owner and operator cannot be identified. Uninsured Motorists Bodily Injury Coverage also provides Underinsured Motorists Bodily Injury Coverage. This coverage pays for bodily injury losses to you and your passengers as a result of an accident.with a driver who has liability protection with limits that are ower than the Uninsured Motorists Bodily Injury Iirnits you have selected, and that person is legally responsible for your injuries. Please indicate yourc#ioices by initialing next to the appropriate items)blow. Resection of Uninsured Motorists Bodily Iniury Coveratte The California Insuranoe Code requires that we provide you with the following inforn-otion: The California Insurance Cede requires an insurerto provide Uninsured Motorists Bodily Injury Coverage in each bodily injury liability insurance policy it issues covering liability arising out of the ownership, maintenance,or use of a rnotor vehicle.Those provisions also perrrrdtthe insurerand.he applicant to delete rhe coverage completely orto delete the coverage when a motorvehide is operated by a natural person or persons designated by narne. Uninsured Motorists Bodily Injury Coverage insures the insured, his or her heirs or legal representatives for all sums within the limits established by law,which the person or persons are legally entitled to recover as damages for bodily injury,incl udi ng any resulting sickness,disease or death to he insu red from the owner or opera or of an uninsured motor vehicle not owned or operated by the insured or a resident of the same household. An uninsured motor vehicle includes ars underinsured motor vehicle as defined in subdivision(p)of atom 115130.2 of the Insuranoe Code. I reject Uninsured Wwrisrs Bodily Injury Coverage entirely. I reject Uninsured Motorists Bodily Injury Coverage only with respect to the following individuals: Name(s)of Excluded Driver(s)- Lower Limit(s)for Uninsured Motorists Brxdily Iniuge Covera{le The California Insurance Code requires that we provide you with the following in ormation: The California Insurance Code requires an insurer to provide Uninsured Motorists Bodily Injury Caverage in each bodily injury liability insurance policy it issues covering liability arising ou`of,the ownership,maintenance or use of a motor vehicle. Those provisions also permit the insurer and the applicant to agree to provide the coverage in an amount less than tha. required by subdivision (m}of Section 11580.2 of the Insurance Code but not less han'the financial responsibility requirements. Uninsured Motorists Bodily Injury Coverage insures the insured, his or her heirs, or legal representatives for all sums within the Iirnits established by law, which the person or persons are legally entitled to recover as damages for bodily injury, including any resulting sickness,disease or death,to the insured from the owner or operator of an uninsured orator vehicle not owned or operated by the insured or a resident of the same household.An uninsured motor vehide includes an underinsured motor vehide as defined in subdivision(p)of erection 1 15W.2 of the I nsu ranee Vie. I select Uninsured P.lotorists.Bodily Injury Coverage lirnii(s)of S which are lower than my bodi ly i nju ry Iiah lity Ii mit(s). Coverage is generally described here-Only the policy provides a oorriplete description cite coverages and their limitations_ Applicant's Signature Date Effective Gate ACORD 61 CA(2009M) Pagel of 2 t 1992008 ACORD CORPORATION_ All rights res sra ee. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER Id: MANDATORY UNINSURED MOTORISTS PROPERTY DAMAGE COVERAGE OFFER The California Insurance Code requires thatwe provide you with the-following information: Uninsured kbtorists Prrx erty Damage Coveran pays for damages or destruction of a covered auto caused by an auto accident where an insured is legally entitled to recover from the owner or operator of certain types of uninsured motor vehicles_ Uninsured Motorists Property Dannage Coverage is available only: 1. If you have not rejected Uninsured Wtorists Bodily Injury Coverage,and 2. For autos for which you have no-.purchased Collision Coverage. This coverage is not applicable to commercial vehicles transpor':ing persons for hire,compensation or profit designed,used or maintained primarily for the transportation of property. Please indicate you r d)aices by initialing next to the appropriate ite"s}below. I select Uninsured Motorists Property Damage Coverage at a I imit of K,ECO for each accident#x the vehicles listed below- YEAA MAKE MODEL VEAA MAKE MODEL YEAR MARE MODEL I reject Uninsured Motorists Property Damage Coverage en.irely. I reject Uninsured Motorists Property Damage Coverage only wi'h respect to the following individuals: Name(s)of Excluded Drivers} Coverage is generally described here-Only the policy provides a cornplete description&the coverages and their Iimitations- Applic.an:'s,gig na.ure Date Effective Date ACORD 61 CA(200BM3) Page 2 a2 WC(Midland) TRIA—mandatory ±'\N M I D L A N D S POBOX 22Ti6 Uklaboma Cty,CK 73123 Phone:4052M.0074-Fax_4135M.5432 New Fork Marine and General insurance Company POLICYHOLDER DISCLGSURE NCITICE OF TERRORISM RISK INSURANCE PRCOGR M REAUTHORIZATION ACT COVERAG E City of Temecula,CA Insured's Name Polio Humber Coverage for acts of terrorism is included in your policy.This disdosure addresses the requirements of the Terrorism Risk Insurance Act of 21302 as amended and extended by the Terrorism Risk Insu ranoe Program Reauthorization Act of 21)15. Definitions The definitions provided in this disclosure are based on and have the same meaning as the definitions in the Act If words or phrases not defined in this disclosure are defined in the Act,the definitions in the Act will apply. 1. 'Act'means the Terrcaism Risk Insurance Act of 20132,which to ok effect on November 26,24102,and any amendments thereto,inducting any amendments resuldng from the Terrorism Risk Insurance Program Reauthorization Act of 2015. 2. 'Act of Terrorism'means any act that is certified by the Secretary of he Treasury,in consultation with the Secretary of Homeland Security,and the Attorney General of the United States as m ee'jng all of the following requirements: a. The act is an act of terrorism. b. The act is violent or dangerous to hurnan life,property of infrastructure. c. The act resulted in danxage within the United States,or outside of the United States in the case of the premises of United States rnissiors or certain air carriers or vessels_ d. The act has been committed by an i ndividua I or individuals as part of an effort to coerce the civil ian population of the Un ited States or to infl uence the pol icy or affect the conduct of the United States Government by coercion. 3. 'Insured Loss'means any loss resulting from an act of terrorism(and,except for Pennsylvania, including an act of war, in the case of workers compensation)that is cowered by primary or excess property and casualty insurance issued by an insu rer if the loss 000xus i n the United States or at the premises of U nited States,missions or to certain air carriers or vessels. 4. 'Insurer deductible'means,'or the period beginning on January 1,2015,and ending on December 31,213213,an amount equal to 20%of our direct earned premiums,during the immediately preceding calendar year. Limitation sof Liability The Act limits our liability to you underthis policy. If aggregate Insured Losses exceed�1130,1100,1300,0013 in a calendar year and if we have met our Insurer Deductble,we are not liable for the payment of any porton of the amount of Insured Losses that exceeds$1130,IXIIO,130{}A1313;and for aggregate Insured Losses up to$100,000,D013,00411,we will pay only a pro rata share of such Insured Losses as determined by the Secretary of the Treasury. www.midlandsmgt,corn Includes copyright,material of the Hational Council on Compensation Insurance,Inc.,with its permission, Policyholder Disclosure Notice 1. Insured Losses would be partially reimbursed by the United States Government.If the aggregate industry Insured Losses exceed: a. THIC,01M. CO.with respect to such Insured Lasses occurring in calendaryear 2015,the United States Govemment would pay 85%of aur Insured Losses that exceed our Insurer Deductible. b. $120,01}0,1}00,with respect to such Insured Lasses occurring in calendar year 2016,the United States Government would pay 84%of our Insured Losses that exceed our Insurer Deductible_ c. $1140,0110.1100.with respect to such Insured Losses aocurring in calendar year 2017,the United Staters Govemment would pay 83%of our Insured Losses that exceed our Insurer Deductible- d. 519U,0f}0,1}00,with respect to such Insured Lasses occurring in calendar year 2016,the United States Government would pay 82%r of our Insured Losses that exceed our Insurer Deductible_ e. $190,01)(1.0 DO.-.Yi:h respect to such Insured Losses purring in calendar year 2019,the United States Government would pay 51?E of our Insured Losses that exceed our Insurer Deductible f. $2DO,00}4,0DO.-vrth respect to such Insured Lasses occurring in calendar year 2020,the United States Government would pay oC DA of our Insured Losses that exceed our Insurer Deductible_ 2. Notwithstanding item 1 above,the United States Govemment will not make any payment under the Act for any portion Df Insured Losses that exceed$1U0SIOMI0D,0m_ The portion of your annual prernium that is attributable to coverage far acts of terrorism is$499 and does not include any charges far he portion of losses covered by the United States govemment under the Act. The pvrbbra of the fneured's annitaf,premium thaf fs allributziUe to ooveragte for cerffed'acts of fefrurasm'rnay be adiustible at audit acrd is cakutatedbased on a percentage of the insuvaed's totaf audited payrolt. I ACKNOWLEDGE THAT WE HAVE BEEN NOTIFIEDTHAT UN DER THE TERRORISM RISK INSURANCE PROGRAM REAUTHORI2;AT]ON ACT OF 21)15,ANY LOSSES RES LLTING FROM CERTIFIED ACTS OF TERRORISM UNDER THIS POLICY COVERAGE MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT,MAY BE SUBJECT TO A 5106 BILLION GAP THAT MAY REDUCE THIS COVERAGE AND VWE HAVE BEEN NOTIFIED OF THE PORTION OF THE PREMIUM ATTRIBUTABLE TO THIS COVERAGE_ PDIlcyholder's Signature Date www.midiaridsFrkgt.com Includesccpyrightmaterial of the Haticnal Council on Compensation Insurance,Inc.,with its permission, DIC$10M(Empire)TRIA—rejected on expiring 9 Declination of Terrorism Coverage ZURICH The fede•al Terrorism Risk Irsurw ce Ad,as amended mandates That you be provided the opportunity In obtain coverage for cert irled aces of terrodsm as defined by that act.To obtai n that coverage,you must remlt the premium spec fied on the notification yo received informing you of the availal lity ofcawerrage.You may dadin5e this caverape for any-of all of the lines of business shamm below. To decline cowerage, mark the box.E; n front of the lime of business,sign and date this form.and relurn to us. ❑ Property ❑ General Liabilily ❑ 1nlr3nd Marine(including cargo) 71 All lures rojeded(if this box is checked, there is no Uvd to check any othet) I MkrWovAeOge that I It0ve b 1 offered TetMd3rb Wworage and have dedkWd tD PuMhOW One Or MM li WS Of ooverage as ind icated above. I understand that an endorsernenl(s)will be added to my policy excluding coverage for cenli'fled:aG15 of lorrorism. TBD 50821 Policy Number Account Nummf C17Y Or TF:MFCL)t.,A Narr—ad Irtsumd insumd Sig iaurc (late EM 11 19(0ua1 a page 1 or 1 DIC$25M xs$10M(QBE)TRIA—rejected on expiring Notice - Offer of Terrorism Insurance Coverage You are hereby notified that under the Terrorism Risk Insurance Act, as amended, that you have a right to purchase insurance coverage for losses resulling from ads of lerrorism,as defined in Section 102(1) of the Act: The term"act of lerrorisrrn"means any W lhal is certified by the Secretery of the Treasury-in oancurmrow with the Secretary of State,and the Attorney General of the United Stales- to be an act of lerrorlism'.to be a vlcteN act or an act that Is dangerous Ira humor)Us. properly, or infrastructure;to have resulled In darinage wl(hin the United Slates. or outside the United Slates In the case of certain air carriers or vessels or the premises of a United Slates mission,and to have been cornmilled by an Individual or individuals ars part cf an effort to coerce the civilian populallon of the United Stales or lei influence the policy or affect the conduct of the United States dovernmenl by coercion. Your quotelpolicy includes the following prem iurn for terrorism coverage. TERRORISM PREMIUM: $9,530 YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED.,ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLYREIMBURSED BY THE UNITED STATES GGVERNMENT UNDER, A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAINOTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLSUION FOR NUCLEAR EVENTS_ UNMR THE FORMULA,THE UNITED STATES GOVERN MFNT GENERALLY REIMAURSES 8516 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE.. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED ABOVE AND DOES HOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE AOT_ YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED$100 BILLION,YOUR COVERAGE MAY BE REDUCED SELECTION OR REJECTION OF TERRORISM INSURANCE COVERAGE You must accept or rejecl lhis offer of terrorism coverage by(1)cheacking the"aowpl"or"reject®option below. i2)signing this form, (3) returning this farm to your insurance agent and (4)if aouepled,paying the premium for lerroHsm corverage shown above.No poicy wilt be Tissued without the acceptance or rejection of terrorism oover&W and the return of this docament- hereby accept the offer Df coverage dor certified ads of terrorism For 11-w prerniurn shovrn above. hq°eby reject 1°1e offer of terrorism coverage. I ur-otlersland 1hal I will have no coverage for losses resulting from em(frod acla of w,for QBE Specialty Insurance Comparw Policyholder f Applicarrl's 5igmature Insurance Camp" CITY OF TEMECULA TBD Print Name Policy l Quota I+lurnsx-r 50847 Date Accounl Number QRGS-157 01-08 PN(-.1 of 1 DIC$25M xs$10M(Lloyds) TRIA—rejected on expiring POLICYHOLDER DISCI QSLIRF NCTICE OF TERROR'Stv1 INSURANCE COVERAGE You are hereby n00ed that under%e Terrorism Risk Insuran0e Act of 2002,as amended("TRIA), that you now have a right to purchase insurance coverage for losses arising out of acus of terrorism, an defined in Sae6on 102(1) of the Act,as amended: The term act of terrorism"means any act 1hal is certified by the Secretary of the Treasury, in concurrence with the Secretary of Staley and the Attorney General of the United Slates4o bs an act of terrorism; to be a violent act of an act that is dangerous to human life, property,or infrastructure; to have resulted in damage within the United States, or outside the United Slates in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or i ndividual%as part of an effort to coerce the oMlian population of the United Stales or to influence the polir y or affect the conduct of the United States Goverment by ocemion.Any coverage you purchase fcw "acts of lernxisrn"shall expire at 12:00 midnight Decomber 31,2014.the elate on which the TRIA Program is scheduled to le"ina,le or the expiry date of the policy whichever occurs first,and shall not ever any losses or events whtich arise atter the earl ler of these dales. YOU SHOULD KNOW THAT COVERAGE PROVIDED BY THIS POLICY FOR LOSSES CAUSED By CERTIFIED ACTS OF TERRORISM IS PARTIALLY REIMBURSED BY THE UNITED STATES UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS UNDER THIS FORMULA. THE UNITED STATES PAYS S5% OF'COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURERS) PROVIDING THE COVERAGE. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAF' THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED$100 8ILLI ON,YOUR COVE RAGE M4Y BE REDUCED. THE PREMILIM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. I her by rilact to purchase cov&ragrd for acts of to ten rism fur a piospedive promivm of$5,446. I hereby&feel to have coverage for acts of terrarium excluded from my pallcy_I and land that I will have no coverage for losses arising from acts of terrorism_ PolicyholderfApplic i's Signature 0033 Hiscox Syndicate on behalf of certain underwriters at Lloyd's Print Name Policy Number CITY OF TEMECUL.4 Date Named Insured Aocounl Number 00807 LMA9011 21(12X7 Farrn approved by Lloyd's Market Assoeialion DIC$25M xs$10M(Ironshore)TRIA—rejected on expiring POLICYHOLDER'DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act of 2002,as amended('TRIA'), [hat you now have a right to purchase insurance coverage for lassos arising out of acts of terrorism, as d&finod in Saaou 142(1) of the Act,as arhandrrd: The term act of terrorism"means any act that is certified by the Secretary of the Treasury,in concurrerxe with the Secretary of Stale, and the Attorney General of the United 512tees to be an acl of terrorism; to be a violent act or an act that is dangerous to human life, properly, or infrastructure: to have resulted in damage within the Uniled States, or outside the United Slates in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals,as part of an effort to coerce the civilian population of the United Stales or to influence the policy nr+affedt the oonducl of the United Stales Governmerlt by coercion.Any coverage you purchase for"acts of lerrorisrn"shall expire at 1204 midnighl December 31, 2014, the date on which the TRIIA Program is solvedu led to lermintlle or the expiry date of the policy whichever occurs fi(st,and shall not cover any losses or events which arise after the earl ler of these dales YOU SHOULD KNOW THAT COVERAGE PROVIDED BY THIS POLICY FOR LOSSES CAUSED BY CERTIFIED ACTS OF TERRORISM IS PARTIALLY REIMBURSED BY THE UNITED STATES UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER.YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR 00VERAGE. SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THIS FORMULA. THE UNITED STATES PAYS S5%OF COVERED TERRORISM LCSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE AID BY THE INSURER(S) PROVIDING THE COVERAGE, YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP" THAN LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ,ACT'S OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED 5100 BILLION,YOUR COVERAGE MAY BE REDUCED, THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. I hereby elect to purchase coverage for acls ofterrorism fora prospective premlum of$6,446, 1 hereby sled to have coverage for acts of terrorism excluded from my policy_I understand that I will have no coverage for Irises arising from acts of terrorism_ PollcyhotderfAppik.aws Signature ronshore Europe.Ltd. Ironshore Insurance Ltd. Print Flame Policy Number CITY OF TEMECULA Date Named Insured Account Nurn t)er.50807 LMA9011 21f12M7 Forrn approved by Lloyd's Market Association DIC$25M xs$10M(GSICA)TRIA—rejected on expiring General Security Indemnity Company of Arizona "OME OFFICES AD P1INISTRAVVE OFFICES 2n3 W.ROYAL PALM RQAO, Ono Sonji-W Ph n SITEJ I90WalerSlfeaL.2.1sL I PhoonIx,AZ 65021 K,c Yo$New Yank 1003&3526 TeItThonr'Floc+t 1)212484161" V.S.Tolk-Froe(onesv&TJ' 326-32" Named Inswed:CITY OF TEMECULA Acoomit number 30847 Effective=71V2017 PLEASE INDICATE YOUR ELECTION TO ACCEPT OR REJECT THIS OFFER BELOW, I hereby elect to purchase coverage for`*certified acts of terrorism' for the policy period. The optional terroi ism premium for General Security Indemnity Conq=y of Arizaua's share is$6,807, I hereby reject this offer of coverage for"certified.act of terrorism" for the policy period. 1 understand that by rejecting this offer,I will have no coverage for losses arising Gln"cern fieri acts of terrorism,"exert as require{! I11.i,,.i:i-r. o the mandatory premium disclosure statement,below. MANDATORY PRF.Ni 1,M DISCLOSURE STATEMENT Even if you reject this crtf'er°of coverage, certain states require tits to provide you with coverage for certain fire los,zo, -I"-91: renJt f om an act of terrorism. This mandatory coverage is provided at no additional mandatory preruluai charge. POLICYHOLDER ACKNOWLEDGEMENT I hereby acknowledge that I have received twtioe of TRIA, the federal share of compensation for"certified acts of terrorism,"and the premium charge for losses covered by TRIA. Pol cyholderfApplicauon Signature Date Print Nanne The s.urninary of the Aet and the coverage under your polity contained in this native is necestarily general in nature..Your policy contains specific terms,definitions,occlusions and condi#ions.In ease of arty couf ct,your policy language will control the resolution of all.coverage questions.Pleaw retail,your policy carefully. APD(Hanover)TRIA—accepted on expiring THIS NOTICE IS PRC PVIDED IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE",CT_THIS NOTICE DOES NOT GRANT COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF CO'v`ERAGE UNDER THE POLICY_IF THERE ISA CONFLICT BETWEEN THIS NOTICE AND THE POLICY,THE PROVISIONS OF THE POLICY SHALL APPLY_ DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT Schedule Disclosure of Premium; Total Terrorism Premium $ 1 i34 Fire Following Premium $Waived Other than Fire FolI&hIng Premium $ 194 Disclosure of Terrorism Coverage Available You are hereby not fled that under the Terrorism Risk Insurance Act, as amended, you have a right purchase insurance coverage for Iceses resulting from tcts of terrorism°defined in Section 11)2(1)of.7? Act as fol lows: Any act or acts that are certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the AttDrney General of the United States,to be an act of terrorism;to be a violent act or an act that is dangerous to human life. property, or infrastructure,to have resulted in damage within the United States,or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission;and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States government by coercion. The premium charged for this coverage is provided in the Schedule above and does not include any charges forthe portion of loss that may be covered by the Federal Government as described below- Your policy may contain other exclusions. which could affect your ocverage, such as an exclusion for Nuclear Events or Pollution. Please read your policy carefully. Note for Commercial Property or Commercial Inland Marine Policyholders in Standard Fire States: In your state. a terrorism exclusion makes an exception for (and therefore provides coverage for) fire losses resulting from an act of terrorism. If you reject the offer of terrorism coverage, therefore, that ruction does not apply to fire losses resutting from an act of terrorism_Coverage for such fire losses will be provided in your policy. The additional premium just for such fire coverage is shown in the Schedule above_ Disclosure of Federal Participation in Payment of Terrorism Losses The United) States government through the Department of the Treasury may pay a share of terrorism losses insured under the federal program under a formula set forth in the Act. Under this fom7ula, the United States govemment generally reirnburses the folloWng percentage of covered terrorism loss which exceeds the statutorily established deductible paid by the insurance company providing the coverage= 85% through 2015: E-4% beginning on January 1, 2018; 83% beginning on January 1, 2017, 8?% beginning on January 1, 2D18; 81% beginning on ,January 1, 2019; and E@% beginning on January 1, 2{D20. 441-137441 15 IndLdes mph m1m ial cf Insur Ke Seruices Office-Inc-,wrh is pe mssiDr Pagel of 2 Cap on Insurer Participation in Payment of Terrorism Losses The Act contains a 5100 billion tap that limits the reimbursement by the Unified States government as we41 as insurers' IiaNlity for losses resulting from certified acts of terrorism. If the aggregate of insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed$100 bi Ilion in a calendar year and we have met our insurer deductible under the Act, we will not be livable for the payment of any portion of the amount of such losses that exceeds 3100 billion. In such case, insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury- Rejection of Terrorism Insurance Coverage ❑ I decline to purchase terrorism coverage for certified acts of terrorism- I understand that I will have no coverage for losses resulting from certified acts of terrorism. Hanover Insurance Company ApplicantlPolicyholder Signature Insurance Company IHF,A670574-t]2 Print game [quote or Policy Number Date 447-1374 0115 IriduEin coprighted mawial of h5urvm Sar oes C7fio--.Irc,,wM ifs pr3miasiorn Page 2 of 2 Cyber(AIG)TRIA-not offered on expiring (recommend adding) POLICAMOLDER DISCLOSYRE, NOTICE OF TERRORISM LN SL11-VN(SE C-01 E K-IGE (RIGHT TO PURCILASE["OVERAGE) You are hereby notified that imckf the Tefronsm Risk Insurance Act, as anwmded,that you h;ne a right to purchase incmmxe coverage fbi loses resulting ficin acts of teiTorlsnt as grad in&chop 1028)of dyeAct: The terra-`act of terrorism" n,canc any act or acts that are certified by the Secretary of the Treanuy—in cowultatim with the Secretary of Honw1and btu its-, and the Attmapy Gre=at of the Uiuted States--to be an act of tearon= to be a -&lent act or an act that is dangerous to bre life,property, or infiastructtue;to bay e resulted in damage witban the United States, or outside the United States m the case of certain air carriers or-vessels or the premises of a United States mission:. and to have been om=tted b y an iu&-- dual or inch siduals as part of an effort to coerce the cis population of the United;States cT to influence thh-polices or affect the conduct of the United States GovTinmeat by coerciou YOU SHOLZD KNOW THAT 'WHERE COVERAGE IS PROT IDED BY THIS POLICY FOR LOSSES RESLLTING FROM CERTIT= ACTS OF TERRORISM, SUCH LASSES b1AY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOL°ERNI I= UNDER A FORMULA ESTABLISHED BY FEDERAL LAW- HOArE;,°ER, YOLK POLICY 1AAY C:ONTAT%T OTHER EXCLUSIONS VJ;TECH b1IGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR E4'E�'TfS_ UNDER THE FORMULA. THE UNITED STATES GC}VER-`aR1fE`NT GENERALLY REDABURSES 85% THROUGH 2015; 84%BEGINNING ON JANUARY 1, 2416; 83% BEGNNING ON JANUARY 1, 2017; 82%BEGINN-LIG JA_aIU.ARY L 2418;91%BEGNNING JANUARY 1,2019 and 80%REGL*LVNG ON JANUARY 1,2420 OF COL%ERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSL-LANCE COMPANY PRO�9IDNG THE COVERAGE-THE PREl4IIL13 CHARGED FOR THIS COVERAGE IS PRO4'II)ED BELOW AND DOES NOT NCL.UDE.A-NY CHARGES FOR THE PORTIO-'r OF LOSS THAT KAY BE CO�-ERED BY THE FEDERAL GO'TRNNCEITT UNDER THE ACT. YOU SHOULD ALSO}KNOW THAT THE TERRORISM RISK INSLRANCE ACT,AS AMENDED,CONTAINS A 5140 BILLION CAP THAT LIMITS U.S- G0�1EKNN= REIMBLRSEMENT AS @DELL AS INSURERS' LIABILITY FOR LASSES RE.SUL=G FROM CERTIFIED ACTS OF TERRORISM I HHE' THE A.MOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $140 BILLION_ IF THE AGGREGATE EtiSURE.D LOSSES FOR ALL INSURERS EXCEED 5100 BILLION.YOLK COVERAGE MAY BE REDUCED- Acceptance EDUCED_Acc tanee or Rejection of Terrorism Insurance Coverage I hereby elect to pwchase term carerage for the prospective premium as set fmth in the €guate letter- I hereby decline to purchase terrorism -eraee far certified acts afterromm_I understand that I will have no carerage for losses resulting from certified acts of terrorism. Policylolder'Applicanr}s Signature P-lic*lderr sipplicant's Printed Name Date L sued Name: CITY OF TE.1fECULA LNC' Policy Fo= SPEC'LAL.TY RISK PRMECTOR Tab: 1614044,Subnrissim 9;98'93116 Polit=y Period:From 07.012417 To 07101nO18 City of Temecula City of Temecula Claims Reporting By Policy Direct Reporting Immediately report all claims to Arthur J Gallagher. Claims-sf@ajg.com Arthur J.Gallagher&Co.Insurance Brokers of CA.,Inc. 69 City of Temecula Bindable Quotations & Compensation Disclosure Schedule Client Name: City of Temecula WHOLESALER, OR INTERMEDIARY ANNUAL COMM.% COMM.% OWNED? • OR FEE 2 NAME 3 OR • General Liability AIX Specialty Insurance Company(Hanover Insurance $135,304.00 0 % Risk Placement 11.5 % Yes Companies) Services Excess Workers' New York Marine And General Insurance Company o Midlands Compensation (ProSight Specialty Group) $48,877.00 0 �o Management Corp. 4 No Property American Home Assurance Company(American $86,034.00 0 % N/A International Group, Inc) DIC-Primary$10M Empire Indemnity Insurance Co (Zurich Insurance Group) $113,273.00 0 % Swett&Crawford 5% No QBE Specialty Insurance Company Lloyd's Syndicate 33 DIC-$25M xs$10M Ironshore Europe Limited (Fosun International Holdings) $54,458.00 0 % Swett& Crawford 5% No Ironshore Insurance Ltd (Fosun International Holdings) General Security Indemnity Co of Arizona APD &CE Hanover Insurance Company $6,864.00 0 % N/A APD &CE The Travelers Companies $6,612.00 0 % N/A Cyber Liability National Union Fire Insurance Company of Pittsburgh PA $9,012.50 0% N/A (American International Group, Inc) (net) Cyber Liability Illinois Union Insurance Company(ACE Group) $8,767.00 0 % N/A Crime Hanover Insurance Company(Hanover Insurance $2,832.00 0 % N/A Companies) Arthur].Gallagher&Co.Insurance Brokers of CA.,Inc. 70 City of Temecula Bindable Quotations & Compensation Disclosure Schedule (Cont.) Some carriers pay Gallagher supplemental or contingent commissions in addition to the policy commission. Contingent commissions are typically contingent upon performance factors such as growth, profit, volume or retention, while supplemental commissions are not. These supplemental or contingent commissions may range from less than 1% up to 10%of the policy premium. Please refer to the Compensation Disclosure or contact your Gallagher representative for additional information. 1 If the premium is shown as an indication: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. A verbal quotation was received from this carrier.We are awaiting a quotation in writing. 2 The commission rate is a percentage of annual premium excluding taxes&fees. Gallagher is receiving commission on this policy.The fee due Gallagher will be reduced by the amount of the commissions received. 3 We were able to obtain more advantageous terms and conditions for you through an intermediary/wholesaler. 4'The non-Gallagher intermediary/wholesaler did not provide their compensation information for this proposal.The usual and customary compensation to a wholesaler/intermediary ranges from 5%to 12%, but we cannot verify that range is applicable in connection with this proposal. Arthur J. Gallagher&Co.Insurance Brokers of CA.,Inc. 71 Item No . 6 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Community Development Director DATE: May 23, 2017 SUBJECT: Approve an Agreement for Consultant Services with Blanca Y. Price for Landscape Plan Check and Inspection Services for Fiscal Years 2017-18 through 2020-21 PREPARED BY: Theresa Harris, Development Processing Coordinator RECOMMENDATION: That the City Council approve an Agreement for Consultant Services with Blanca Y. Price, in the amount of $150,000, each year for four years for a total agreement amount of $600,000 to perform Landscape Plan Check and Inspection Services for Fiscal Years 2017-18 through 2020-21. 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. On March 3, 2017, the City of Temecula issued a Request for Proposal (RFP) for Landscape Plan Check and Inspection Services. Four (4) landscape architectural firms responded to the RFP. A panel reviewed the submittal for completeness, experience and ability to provide services for the City. The landscape architectural firm of Blanca Y. Price was determined to be the most competitively priced and qualified proponent, and was recommended to perform landscape plan check and inspection services for the Planning Department. 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, 2017, 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 ,2017, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2021, 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 Fifty Thousand Dollars ($150,000), annually for a total agreement amount of Six Hundred Thousand Dollars and No Cents ($600,000.00) 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 P O 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: Maryann Edwards, Mayor Blanca Y. Price, Owner ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Blanca Y. Price P O Box 1494 Temecula, CA 92593 951-837-3432 BlancaYPriceft- mail.com PM Initials:` Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: SCOPE OF WORK 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 or City Council. Landscape irrigation and planting inspections will be performed on site once the landscape is completed to verify that the installation is per the approved plans. Development Review Committee Review - Plans submitted by the applicant at this stage are conceptual 1. The Consultant will pick up 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. 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. 2. The Consultant will review the plans to verify consistency with the City Development Code, Specific Plans, other Ordinances and the Citywide Design Guidelines. A site visit may be necessary to become familiar with the site and surrounding area. One set of plans will be redlined with comments notifying the applicant of necessary revisions 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 crosschecked against the architectural and grading plans. 3. The Consultant will return one set of redlined plans along with plan check comments to the project planner within 14 days of receipt of the first submittal and seven days for the second and third submittal. On Fast-track projects, Consultant will complete conceptual reviews within four calendar days. Plan check comments will also be sent to the project planner via e-mail in a word document 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. 4. Once the applicant has resubmitted revisions, the Consultant will pick up two sets of 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. One set of plans will be kept on file at the Consultant's office. Conceptual Landscape Plans that have been substantially changed from the original submittal will be subject to an additional fee. 5. Approved set of conceptual plans and conditions of approval will be provided to the Consultant and shall be kept on file at the Consultant's office. Construction Documents Review 1. The Consultant will pick up plans at the City two times per week (preferably on Monday and Thursday). Construction plan submittals will consist of two sets of landscape construction plans that the Consultant will review to verify consistency with the City Development Code, Specific Plans, other Ordinances, Citywide Design Guidelines, the approved conceptual landscape plan and conditions of approval. One set 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 and the approved landscape plan. 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 crosschecked 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 project planner via e- mail in a word document. Comments/redlines shall be returned to the project planner within two weeks after notification of plan pick up. Comments shall also be broken down into two 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. Comments shall be in both digital (by 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 two sets of 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 a second time for revisions. Once set of plans will be kept on file at the Consultant's office. This process will continue until the 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 fee. 4. The Consultant will review the cost estimate provided by the applicant and notify the project planner whether the estimate is appropriate for bonding requirements. Landscape Inspection A minimum of two landscape inspections will be performed for each project prior to occupancy or use of the site. The first landscape inspection will include a pressure test of the main line and an irrigation coverage test. The second landscape inspection will be performed once the landscaping installation is complete to assure conformance with the approved plans. A third landscape inspection may be required prior to release of a 1-year maintenance bond. 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. Inspections will be completed in no more than three (3) working days after notification. 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 other tasks to be performed, the Consultant shall provide services based on a mutually agreed upon flat fee. Attendance at Meetings The Principal Landscape Architect shall be available to attend Development Review Committee, Planning Commission, City Council, Old Town Local Review Board, or additional projects meetings as requested by City of Temecula Planning Staff based on an agreed upon fee. 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 $600 4. Inspection Fees Single Family Detached $200 per unit (Includes bond release inspection) (Models and Typicals) All Other Landscape Plans (bond release inspection not included) (i.e. Multi-Family/Slopes/HOA/Commercial, etc.) • First Inspection - Irrigation Inspection • Second Inspection - Landscape and Irrigation Coverage Inspection Square Footage of Landscaping Inspection Fee Up to 5,000 $1,250 5,001 to 10,000 $1,500 10,001 to 20,000 $1,750 20,001 to 30,000 $2,000 30,001 to 40,000 $2,250 40,001 to 50,000 $2,500 Over 50,000 $2,500 + $250 for each additional 10,000 sf Additional inspection fees of$250 may occur if: 1. After the third inspection of the same area and type i.e. 3 irrigation inspections of the same area. 2. Phasing of projects into areas less than 10,000 square feet. 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 . 7 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Community Development Director DATE: May 23, 2017 SUBJECT: Approve the First Amendment to the Agreement with Keyser Marston Associates, Inc. for the Affordable Housing RFP Review and Developer Selection PREPARED BY: Lynn Kelly-Lehner, Principal Management Analyst RECOMMENDATION: That the City Council approve the First Amendment to the Agreement with Keyser Marston Associates, Inc., in the amount of $25,000, for a total agreement amount of $50,000, for the Affordable Housing RFP Review and Developer Selection. BACKGROUND: The Supportive Housing/Services Subcommittee, formerly Council Members Naggar and Washington, directed staff to issue an RFP to solicit project proposals from interested developers for the construction of an affordable housing development. In late 2015, the Successor Agency to the Redevelopment Agency obtained clearance from the Department of Finance on the remaining affordable housing funding that had been previously "frozen" within the Affordable Housing Fund, gaining complete discretion on the entire $12.4 million of affordable housing funding available to the City. In conjunction with the Supportive Housing/Services Subcommittee, then consisting of Council Members Naggar and McCracken, staff issued an RFP to solicit innovative development proposals that address one or more populations such as seniors, veterans, special needs, transitional, or supportive. The RFP included potential City-owned parcels that could be considered for development, but proposals were not be limited to City-owned properties. The City received twenty proposals from interested developers. On February 28, 2017, staff presented all twenty proposals to the Supportive Housing/Services Ad Hoc Subcommittee, now consisting of Mayor Pro Tem Rahn and Council Member Naggar. The Subcommittee considered facets of each project including the number of units, cash assistance, City land donation, target population, service provider, and program. The Subcommittee recommended that the entire City Council direct the Subcommittee to select proposals to move on to the next stage of the process. On April 11, 2017, the City Council selected nine of the twenty proposals to the next stage of the process, which includes providing updated pro-formas before conducting panel interviews. Keyser Marston Associates, who assisted in the development of the pro-forma templates utilized in the RFP, assisted staff in the review and analysis of the proposals. KMA will also prepare interview questions and participate in the developer interviews. The amendment to the agreement will allow for additional analysis on the updated financial data provided by the developers. FISCAL IMPACT: There are sufficient funds budgeted in SARDA account 165.199.999.5250 for the services. ATTACHMENTS: First Amendment to the Agreement with Keyser Marston Associates, Inc. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND KEYSER MARSTON ASSOCIATES, INC. AFFORDABLE HOUSING RFP REVIEW AND DEVELOPER SELECTION THIS FIRST AMENDMENT is made and entered into as of May 23, 2017 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and KEYSER MARSTON ASSOCIATES, INC., a California 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 16, 2016, the City and Consultant entered into that certain Agreement entitled "Agreement for Affordable Housing RFP Review and Developer Selection," in the amount of$25,000.00. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2018, increase the payment in the amount of $25,000.00, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2018 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 twenty five thousand dollars ($25,000.00), for additional analysis and updated pro-forma templates for a total Agreement amount of fifty thousand dollars ($50,000.00). 4. 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. 5. 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 KEYSER MARSTON ASSOCIATES, 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: Maryann Edwards, Mayor Paul Marra, Vice President ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Keyser Marston Associates, Inc. Attn: Paul Marra 555 West Beech Street, Suite 460 San Diego, CA 92101 pmarra@keysermarston.com 619-718-9500 PM Initials:L Date: 2 ATTACHMENT A EXHIBIT A and B Attached hereto and incorporated herein is the additional scope of work and additional pricing as provided by the Consultant. 3 n � KEYSER MARSTON ASSOCIATES., ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT April 25, 2017 ADVISORSIN: REAL ESTATE AFFORDABLE HOUSING Ms. Lynn Kelly-Lehner ECONOMIC DEVELOPMENT Principal Management Analyst SANMUNGISGO Development Services Department A.JERRY KEYSER TIMOTHY C.KELLY City of Temecula KATE EARLE FUNK 41000 Main Street DEBBIE M.KERN REED T.KAWAHARA Temecula CA 92590 DAVID DOEZEMA Los ANGELES Re: Proposal for Consulting Services KATHLEEN H.HEAD JAMES A.RABE Affordable Housing Developer Selection GREGoRYD.Soo-Hoo KEVIN E.ENGSTROM JULIE L.RoMEY Dear Lynn: SAN DIEGO PAUL C.MARRA In accordance with our recent discussion,this letter presents the Keyser Marston Associates, Inc. (KMA) proposed amendment to our existing agreement with the City of Temecula (City)for consulting services related to the affordable housing developer selection process. As background, in 2016 the City issued a Request for Proposals (RFP)for affordable housing development. The RFP sought developer proposals for high quality affordable housing developments. The City has$12.4 million in remaining affordable housing Tax Allocation Bond proceeds available to invest in one or more such developments. The RFP also identified: preferred target populations; potential sites/locations; and requirements for inclusion of Extremely Low Income (30%of Area Median Income) units. The City received a total of 20 proposals from over a dozen developers, including a range of projects, sites,financing programs, and target populations. Under our existing agreement, dated May 13, 2016, KMA undertook a comprehensive financial review of each proposal, prepared a summary evaluation matrix, and identified key issues and concerns for City consideration. The work completed to date has essentially exhausted the budget in our original Affordable Housing RFP Review and Developer Selection agreement. The City has identified the need for KMA's continued assistance in the developer evaluation process, including assistance in the next round of developer solicitation, updated financial analyses, and participation in the developer interview process. KMA envisions the following specific tasks: 555 WEST BEECH ST.,SUITE 460 A SAN DIEGO,CALIFORNIA 92101➢PHONE:619 718 9500➢FAX:619 718 9508 W W W.KEYSERMARSTON.COM 17041n dh 99900.000.001 Ms. Lynn Kelly-Lehner, Principal Management Analyst April 25, 2017 City of Temecula Page 2 1. For inclusion in the next developer solicitation round, prepare: (a) an updated pro forma template; and (b) summary tables detailing maximum affordable rents under California redevelopment law for the most recent year available. 2. Recommend appropriate evaluation criteria and scoring matrix for the proposal evaluation and developer interview process. 3. Evaluate the developers'financial pro formas and cash flow projections in terms of: (a) consistency with the standards of California redevelopment law and funding sources such as TCAC, CDLAC, AHSC, MHSA, AHP, etc.; (b) acquisition costs; (c) development costs; (d) affordable and market rents; (e) operating expenses; (f) achievable sources of financing; and (g) requested financial contribution from the City. 4. Prepare an updated summary evaluation matrix of the proposals, including identification of key issues and concerns for City consideration. The summary matrix will highlight key features of each proposal, particularly with respect to the criteria established by the City Council. 5. Prepare for, and participate in,the developer interview process. As needed,we will prepare summary handouts for briefing interview panel members, as well as draft interview questions. 6. As needed, participate in public meeting(s)when the final developer selection(s) are considered by the City Council. To provide the above services, KMA requests that the City augment our existing budget with an increase of$25,000,for a total amended budget of$50,000. All services will be provided on a time- and-materials basis subject to the hourly billing rate schedule in our existing agreement. We will not exceed this budget limit without authorization. The following limitations are assumed. • A maximum of two (2) meetings with City staff. • Participation in one (1) day of developer interviews. • A maximum of two (2) meetings with the Supportive Services and Housing Subcommittee or the City Council, including a PowerPoint presentation if needed. • One (1) draft and one (1)final version of each work product, submitted in PDF format only. Our scope/budget specifically excludes: developer negotiations; review of legal agreements; and preparation of Section 33433 Summary Reports. 17041ndh 99900.000.001 Ms. Lynn Kelly-Lehner, Principal Management Analyst April 25, 2017 City of Temecula Page 3 We appreciate the opportunity to assist the City on these important development opportunities. Please contact us if we can provide additional information regarding our approach. Sincerely, KEYSER MARSTON ASSOCIATES, INC. Paul C, Marra 17041ndh 99900.000.001 Item No . 8 Approvals City Attorney A�_ Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Community Development Director DATE: May 23, 2017 SUBJECT: Approve the First Amendment to the Agreement with Keyser Marston Associates, Inc. for the Fiscal Impact Analysis for the Proposed Altair Specific Plan PREPARED BY: Lynn Kelly-Lehner, Principal Management Analyst RECOMMENDATION: That the City Council approve the First Amendment to the Agreement with Keyser Marston Associates, Inc., in the amount of$18,500, for a total agreement amount of$53,500, for the Fiscal Impact Analysis for the Proposed Altair Specific Plan. 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 1,700 residential units, an elementary school, neighborhood commercial, clubhouse, parks, trails, and hillside preservation. In addition to the Specific Plan, this project will include a General Plan Amendment, Subdivision Maps, Fiscal Impact Analysis, Development Agreement, and City-managed EIR. The project site is generally bound by the undeveloped foothills of the Santa Rosa Mountains to the west, Ridge Park Drive and Vincent Moraga Drive to the north, Pujol Street and Murrieta Creek to the east, and vacant land south of the future extension of Temecula Parkway (Western Bypass). Keyser Marston Associates has conducted a fiscal impact analysis (FIA) on the proposed development that analyzes the fiscal impacts on the City's General Fund over a twenty year period. The FIA will help ensure the continued fiscal health of the City's General Fund and assist the City in negotiating the Development Agreement with the Developer. In November 2016, the passing of Measure S resulted in a significant change in both the revenues and expenditures of the City's budget. In order to utilize the most current data, this first amendment to the agreement will re-calculate the fiscal impact of the development using updated budget figures, including Measure S projections. FISCAL IMPACT: There are sufficient funds budgeted in the Planning line item 001.161.999.5248 for these services. ATTACHMENTS: First Amendment to the Agreement FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND KEYSER MARSTON ASSOCIATES, INC. FISCAL IMPACT ANALYSIS FOR THE PROPOSED ALTAIR SPECIFIC PLAN THIS FIRST AMENDMENT is made and entered into as of May 23, 2017 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Keyser Marston Associates, Inc., a California 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 Fiscal Impact Analysis for the Proposed Altair Specific Plan," in the amount of $35,000.00. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2018, increase the payment in the amount of$18,500, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2018 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 Eighteen Thousand Five Hundred Dollars and No Cents ($18,500.00), for Updated Fiscal Impact Analyses for a total Agreement amount of Fifty Three Thousand Five Hundred Dollars and No Cents ($53,500.00). 4. 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. 5. 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 KEYSER MARSTON ASSOCIATES, 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: Maryann Edwards, Mayor Paul C. Marra, Vice President ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Keyser Marston Associates, Inc. Attn: Paul C. Marra 555 West Beech Street Suite 460 San Diego, CA 92101 pmarra@keysermarston.com 619.718.9500 PM Initials: L� Date: 2 ATTACHMENT A EXHIBITS A and B Attached hereto and incorporated herein is the additional scope of work and pricing as provided by the Consultant. 3 )Nff101 n ) KEYSER MARSTON ASSOCIATES., ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT April 26, 2017 ADVISORSIN: REAL ESTATE AFFORDABLE HOUSING ECONOMIC DEVELOPMENT Ms. Lynn Kelly-Lehner SANMUNGISGO Principal Management Analyst A.JERRY KEYSER TIMOTHY C.KELLY Development Services Department KATE EARLE FUNK City of Temecula DEBBIE M.KERN REED T.KAWAHARA 41000 Main Street DAVIDDOEZEMA Temecula CA 92590 LOS ANGELES KATHLEEN H.HEAD JAMES A.RABE Re: Proposal for Consulting Services GREGoRYD.Soo-Hoo Altair Specific Plan—Updated Fiscal Impact Analysis KEVIN E.ENGSTROM JULIE L.ROMEY SAN DIEGO Dear Lynn: PAUL C.MARRA In accordance with our recent discussion,this letter presents the Keyser Marston Associates, Inc. (KMA) proposal to the City of Temecula (City)to prepare an updated Fiscal Impact Analysis (FIA)for the Altair Specific Plan. BACKGROUND In 2015 the City requested that KMA prepare a FIA for the Altair Specific Plan (Project).The proposed Project will consist of up to 1,750 housing units, a small amount of neighborhood commercial, an elementary school, and recreational amenities on a 270-acre property west of Old Town Temecula. Under our prior agreement, dated April 14, 2015, KMA undertook a FIA of the Project evaluating the recurring General Fund revenues and expenditures generated by the Project over a 20-year time-period. As part of the FIA, KMA reviewed the City's Fiscal Year(FY) 2014-2015 General Fund budget to understand the City's fiscal condition and revenue/expenditure parameters. KMA completed and submitted our final fiscal impact model in October 2015. 555 WEST BEECH ST.,SUITE 460 A SAN DIEGO,CALIFORNIA 92101➢PHONE:619 718 9500➢FAX:619 718 9508 W W W.KEYSERMARSTON.COM 17047n dh 99900.000.001 Ms. Lynn Kelly-Lehner, Principal Management Analyst April 26, 2017 City of Temecula Page 2 SCOPE OF SERVICES The City has requested that KMA update the FIA to reflect mid-year adjustments to the FY 2016- 2017 budget and the recent of passage of Measure S. Approved by the voters in November 2016, Measure S allowed the City's tax rate to increase from 8%to 9%. Under our prior agreement the FIA included an assessment of the economic benefits to Old Town generated by the development of the Project. KMA does not propose to include this task in the updated FIA. As such, in order to update the FIA, KMA proposes to undertake the following specific tasks: 1. Review the City's mid-year adjustments to the Fiscal Year 2017 General Fund budget. 2. Discuss with City staff the allocation of Measure S funds toward General Fund and non-General Fund expenditures, as well as specific uses such as public safety, asset management, etc. 3. Update the KMA FIA model estimating recurring annual revenues and municipal service expenditures as a result of completion of the Project. 4. Update the KMA 20-year projection of Project-related revenues and expenditures. 5. Participate in a teleconference with the City to review the KMA findings and analysis (Teleconference#1). 6. Prepare and submit to the City a draft summary memorandum report supported by technical appendices. 7. Participate in a teleconference with the City to receive comments and feedback on the draft report (Teleconference#2). 8. Prepare and submit a final report. 9. Prepare presentation materials for, and attend, meeting(s)with the Council Committee and/or City Council. 17047ndh 99900.000.001 Ms. Lynn Kelly-Lehner, Principal Management Analyst April 26, 2017 City of Temecula Page 3 BUDGET KMA proposes to enter into a new consulting services agreement with the City to cover the above scope of services. We propose to undertake these services on a time-and-materials basis subject to the attached hourly billing rate schedule. Our total budget requirement is$18,500. We will not exceed this budget limit without authorization. The following limitations are assumed. • A maximum of two (2)teleconferences with City staff. • A maximum of two (2) meetings with either the Council Committee and/or City Council. • A maximum of three (3) successive versions of the fiscal impact model. • One (1) draft and one (1)final version of each work product, submitted in PDF format only. Our scope/budget specifically excludes: an update of the economic benefits to Old Town generated by the Project, developer negotiations, and review of legal agreements. We appreciate the opportunity to assist the City on this important Project. Please contact us if we can provide additional information regarding our approach. Sincerely, KEYSER MARSTON ASSOCIATES, INC. Paul C. Marra attachment 17047ndh 99900.000.001 KEYSER MARSTON ASSOCIATES, INC. HOURLY FEE SCHEDULE 2017/2018 A.JERRY KEYSER* $280.00 MANAGING PRINCIPALS' $280.00 SENIOR PRINCIPALS* $270.00 PRINCIPALS* $250.00 MANAGERS* $225.00 SENIOR ASSOCIATES $187.50 ASSOCIATES $167.50 SENIOR ANALYSTS $150.00 ANALYSTS $130.00 TECHNICAL STAFF $95.00 ADMINISTRATIVE STAFF $80.00 Directly related job expenses not included in the above rates are: auto mileage, parking, air fares, hotels and motels, meals, car rentals,taxies,telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110%of cost. Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date. * Rates for individuals in these categories will be increased by 50%for time spent in court testimony. 17047ndh 99900.000.001 Item No . 9 Approvals City Attorney Finance Director City Manager (S� CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Community Development Director DATE: May 23, 2017 SUBJECT: Approve the First Amendment to the Agreement with Keyser Marston Associates, Inc. for the Fiscal Impact Analysis for the Proposed Cypress Ridge Development PREPARED BY: Lynn Kelly-Lehner, Principal Management Analyst RECOMMENDATION: That the City Council approve the First Amendment to the Agreement with Keyser Marston Associates, Inc., in the amount of$18,500, for a total agreement amount of$47,100, for the Fiscal Impact Analysis for the Proposed Cypress Ridge Development. BACKGROUND: The City is processing a Development Plan, Tentative Tract Map, Planned Development Overlay, and General Plan Amendment for the proposed Cypress Ridge Development, a 245 multi-family unit development, generally located on the northeast corner of Pechanga Parkway and Loma Linda Road. Keyser Marston Associates has conducted a fiscal impact analysis (FIA) on the proposed development that analyzes the fiscal impacts on the City's General Fund over a twenty year period. The FIA will help ensure the continued fiscal health of the City's General Fund and possibly assist the City in negotiating conditions of approval and a development agreement with the Developer. In November 2016, the passing of Measure S resulted in a significant change in both the revenues and expenditures of the City's budget. In order to utilize the most current data, this first amendment to the agreement will re-calculate the fiscal impact of the development using updated budget figures, including Measure S projections. FISCAL IMPACT: There are sufficient funds budgeted in the Planning line item 001.161.999.5248 for these services. ATTACHMENTS: First Amendment to the Agreement FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND KEYSER MARSTON ASSOCIATES, INC. FISCAL IMPACT ANALYSIS FOR THE PROPOSED CYPRESS RIDGE DEVELOPMENT THIS FIRST AMENDMENT is made and entered into as of May 23, 2017 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Keyser Marston Associates, 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. This Amendment is made with the respect to the following facts and purposes: a. On June 27, 2016, the City and Consultant entered into that certain Agreement entitled "Agreement for Fiscal Impact Analysis for the Proposed Cypress Ridge Development" in the amount of $26,000.00, plus 10% contingency in the amount of $2,600.00. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2018, increase the payment in the amount of$18,500, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2018 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 eighteen thousand five hundred dollars ($18,500.00), for additional fiscal analyses for a total Agreement amount of forty seven thousand one hundred dollars ($47,100.00). 4. 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. 5. 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 KEYSER MARSTON ASSOCIATES, 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: Maryann Edwards, Mayor Paul C. Marra, Vice President ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Keyser Marston Associates, Inc. Attn: Paul Marra 555 West Beech Street, Suite 460 San Diego, CA 92101 pmarra@keysermarston.com 619.718.9500 PM Initials: `/� Date: �• 2 ATTACHMENT A EXHIBITS A and B Attached hereto and incorporated herein is the additional scope of work as provided by the Consultant. 3 )Nff101 n ) KEYSER MARSTON ASSOCIATES., ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT April 26, 2017 ADVISORSIN: REAL ESTATE AFFORDABLE HOUSING ECONOMIC DEVELOPMENT Ms. Lynn Kelly-Lehner SANMUNGISGO Principal Management Analyst A.JERRY KEYSER TIMOTHY C.KELLY Development Services Department KATE EARLE FUNK City of Temecula DEBBIE M.KERN REED T.KAWAHARA 41000 Main Street DAVIDDOEZEMA Temecula CA 92590 LOS ANGELES KATHLEEN H.HEAD JAMES A.RABE Re: Proposal for Consulting Services GREGoRYD.Soo-Hoo Cypress Ridge—Updated Fiscal Impact Analysis KEVIN E.ENGSTROM JULIE L.ROMEY SAN DIEGO Dear Lynn: PAUL C.MARRA In accordance with our recent discussion,this letter presents the Keyser Marston Associates, Inc. (KMA) proposal to the City of Temecula (City)to prepare an updated Fiscal Impact Analysis (FIA)for Cypress Ridge. BACKGROUND In 2016 the City requested that KMA prepare a FIA for the Cypress Ridge Development Plan (Project).The proposed Project will consist of up to 245 housing units,four tot lots,three picnic areas, a dog park, and an 1,800-square-foot(SF) clubhouse with a spa and pool on a 22.73-acre property at the northeast corner of Pechanga Parkway and Loma Linda Road. Under our prior agreement, dated June 27, 2016, KMA undertook a FIA of the Project evaluating the recurring General Fund revenues and expenditures generated by the Project over a 20-year time-period, beginning upon the sale of the Project's first residential unit in 2017 and ending in 2036. As part of the FIA, KMA reviewed the City's Fiscal Year (FY) 2016-2017 General Fund budget to understand the City's fiscal condition and revenue/expenditure parameters. KMA completed and submitted an initial draft fiscal impact model in September 2016 and revised models in November 2016 and February 2017. 555 WEST BEECH ST.,SUITE 460 A SAN DIEGO,CALIFORNIA 92101➢PHONE:619 718 9500➢FAX:619 718 9508 W W W.KEYSERMARSTON.COM 17048n dh 99900.000.001 Ms. Lynn Kelly-Lehner, Principal Management Analyst April 26, 2017 City of Temecula Page 2 SCOPE OF SERVICES The City has requested that KMA update the FIA to reflect mid-year adjustments to the FY 2016- 2017 budget and the recent of passage of Measure S. Approved by the voters in November 2016, Measure S allowed the City's tax rate to increase from 8%to 9%. In order to update the FIA, KMA proposes to undertake the following specific tasks: 1. Review the City's mid-year adjustments to the Fiscal Year 2017 General Fund budget. 2. Discuss with City staff the allocation of Measure S funds toward General Fund and non-General Fund expenditures, as well as specific uses such as public safety, asset management, etc. 3. Update the KMA FIA model estimating recurring annual revenues and municipal service expenditures as a result of completion of the Project. 4. Update the KMA 20-year projection of Project-related revenues and expenditures. 5. Participate in a teleconference with the City to review the KMA findings and analysis (Teleconference#1). 6. Prepare and submit to the City a draft summary memorandum report supported by technical appendices. 7. Participate in a teleconference with the City to receive comments and feedback on the draft report (Teleconference#2). 8. Prepare and submit a final report. 9. Prepare presentation materials for, and attend, meeting(s)with the Council Committee and/or City Council. BUDGET KMA proposes to enter into a new consulting services agreement with the City to cover the above scope of services. We propose to undertake these services on a time-and-materials basis subject to the attached hourly billing rate schedule. Our total budget requirement is$18,500. We will not exceed this budget limit without authorization. The following limitations are assumed. 17048ndh 99900.000.001 Ms. Lynn Kelly-Lehner, Principal Management Analyst April 26, 2017 City of Temecula Page 3 • A maximum of two (2)teleconferences with City staff. • A maximum of two (2) meetings with either the Council Committee and/or City Council. • A maximum of three (3) successive versions of the fiscal impact model. • One (1) draft and one (1)final version of each work product, submitted in PDF format only. Our scope/budget specifically excludes: developer negotiations and review of legal agreements. We appreciate the opportunity to assist the City on this important Project. Please contact us if we can provide additional information regarding our approach. Sincerely, KEYSER MARSTON ASSOCIATES, INC. Paul C. Marra attachment 17048ndh 99900.000.001 KEYSER MARSTON ASSOCIATES, INC. HOURLY FEE SCHEDULE 2017/2018 A.JERRY KEYSER* $280.00 MANAGING PRINCIPALS' $280.00 SENIOR PRINCIPALS* $270.00 PRINCIPALS* $250.00 MANAGERS* $225.00 SENIOR ASSOCIATES $187.50 ASSOCIATES $167.50 SENIOR ANALYSTS $150.00 ANALYSTS $130.00 TECHNICAL STAFF $95.00 ADMINISTRATIVE STAFF $80.00 Directly related job expenses not included in the above rates are: auto mileage, parking, air fares, hotels and motels, meals, car rentals,taxies,telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110%of cost. Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date. * Rates for individuals in these categories will be increased by 50%for time spent in court testimony. 17048ndh 99900.000.001 Item No . 10 Approvals City Attorney Al Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: May 23, 2017 SUBJECT: Approve the Fourth 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, Principal Management Analyst RECOMMENDATION: That the City Council approve the Fourth Amendment to the Agreement for Consultant Services with Environmental Science Associates, in the amount of $87,000, for a total agreement amount of $432,789, for the preparation of an Environmental Impact Report for the Altair Specific Plan. 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 Fourth Amendment to the Agreement incorporates additional technical analyses by the consultant. FISCAL IMPACT: There is no fiscal impact to the City. Sufficient funds have been deposited by the applicant to cover the costs of the EIR. ATTACHMENTS: Fourth Amendment to Agreement with ESA FOURTH 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 FOURTH AMENDMENT is made and entered into as of May 23, 2017 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. b. On June 23, 2015, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Consultant Services for the Preparation of Environmental Impact Report for Altair Specific Plan," to add scope of work, extend the term of the agreement to June 30, 2016, and increase the payment in the amount of $54,231. C. On January 26, 2016, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Agreement for Consultant Services for the Preparation of Environmental Impact Report for Altair Specific Plan," to add scope of work, and increase the payment in the amount of$5,000 d. On August 23, 2016, the City and the Consultant entered into the Third Amendment to that certain Agreement entitled "Agreement for Consultant Services for the Preparation of Environmental Impact Report for Altair Specific Plan," to add scope of work, extend the term of the agreement to June 30, 2017, and increase the payment in the amount of $25,000. e. The parties now desire to add scope of work, increase the payment in the amount of $87,000, extend the term of the agreement to June 30, 2018, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2018 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 1 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 FOURTH Amendment amount shall not exceed eighty seven thousand dollars ($87,000), for additional environmental analysis for a total Agreement amount of four hundred thirty two thousand seven hundred eighty nine dollars ($432,789). 4. 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. 5. 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: Maryann Edwards, Mayor Eric Ruby, Senior Vice President ATTEST: By: By: Randi Johl, City Clerk Bobbette Biddulph, Vice President APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Environmental Science Associates Attn: Danielle Griffith 550 West C Street Suite 750 San Diego, CA 92101 dgriffith@esassoc.com 619.719.4188 PM Initials:Le Date: 3 ATTACHMENT A EXHIBIT A and B Attached hereto and incorporated herein is the additional scope of work and pricing as provided by the Consultant. 4 �� 550 West C Street www.esassoc.com Suite 750 J San Diego,CA 92101 J 619.719.4200 phone 619.719.4201 fax April 3, 2017 Matt Peters,AICP Senior Planner City of Temecula Planning Department 41000 Main Street Temecula, CA 92590 Subject: Request for an Amendment to the Consulting Services Agreement dated July 22,2014 between the City of Temecula and ESA for the Altair Specific Plan EIR for a Revised Final EIR Dear Matt: ESA is pleased to submit this scope of work and cost estimate for drafting the Revised Final EIR for the Altair Specific Plan. The additional analysis and revisions to the Final EIR are required by land use changes to the Specific Plan civic site. The following details the additional work and cost to address the out-of-scope items. SCOPE OF WORK ESA will work closely with the City and the City's legal counsel, and will prepare and prepare an updated Final EIR to include the new land use analysis for the inclusion of a nature center and trails at the civic site.We envision this new analysis to occur in three phases: 1)The updated technical report analysis;2)the new Appendix in the Final EIR to include this updated project description information and environmental analysis, with the updated technical reports as sub-Appendices; and 3)the revised Response to Comments. Updated Technical Studies ESA will prepare updates to the following technical studies: • Air Quality: ESA will update the CalEEmod modeling to account for the revised land use and traffic updates. ESA will prepare a technical memorandum that will describe the impacts associated with the revised land use changes and will attach the memorandum and modeling as sub-appendix to the new civic center land use environmental analysis Appendix; • Greenhouse Gases(GHG): ESA will update the CalEEmod modeling to account for the revised land use and traffic updates. ESA will prepare a technical memorandum that will describe impacts associated with the revised land use changes and will attach the memorandum and modeling as sub-appendix to the new civic center land use environmental analysis Appendix; • Cultural Resources: ESA will describe the newly proposed nature center and looped trail alignment and note that final design will utilize existing disturbed area whenever possible, and any new trails will be designed so as to avoid cultural resources. r ESA April 3,2017 Page 2 • Noise: ESA will update the noise modeling to account for the revised land use and traffic updates. ESA will prepare a technical that will describe impacts associated with the revised land use changes and will attach the memorandum and modeling as sub-appendix to the new civic center land use Appendix; • Traffic (Fehr&Peers): Please see attached scope from Fehr&Peers. In addition,ESA will work closely with Helix Environmental Planning to ensure that the revised biological assessment accurately reflects the revised project description and ensuing impact reductions. Final EIR Errata ESA will also prepare an Errata section in the FEIR,to document all revisions and changes necessitated by the change in land use on the civic site from institutional to nature center and to document other new information. It is anticipated that all impact areas will be reduced with the revised civic site land use,thus not requiring recirculation. The errata will reference the new civic site environmental assessment Appendix and include a summary of the following revisions to the introduction,project description,impact analysis and mitigation measures in each EIR section that is affected by the land use change. The alternatives section will be updated to reflect the revised project for comparison purposes. ESA will prepare the EIR errata biological resources section based on the revised biological assessment prepared by Helix Environmental Planning. Lastly,we assume the Specific Plan base figures will be provided by the applicant's team as well as the proposed nature center design features and limits of grading/disturbed areas on the civic site. ESA will update the figures in the ESA based on the revised base figure changes. Civic Site Environmental Analysis Appendix ESA will prepare an updated environmental analysis summary appendix to evaluate the impacts associated with the updated land use propose for the civic site. The analysis will evaluate each environmental factor included in the Draft EIR and will include updated technical sub appendices as required. The analysis will include updated impact analysis and any changes required to DEIR mitigation measures. With the updated civic site environmental analysis environmental contained in the Final EIR appendix and the original project environmental analysis contained in the DEIR,the city will have the ability to approve either project and certify the Final EIR. Updated Response to Comments The response to comments will be prepared in the context of both the DEIR project description and the updated civic site land use,even though the comment letters addresses the project with the institutional uses on the civic site.A comprehensive introduction to the response to comments will explain this change in context.As discussed above,ESA will work closely with Helix Environmental Planning to ensure that the revised biological assessment and their responses to biological resource related comments are adequate and legally defensible. r ESA April 3,2017 Page 3 Preparation of Findings of Fact Section 15091 of the CEQA Guidelines requires that, for each significant environmental effect identified in an EIR for a proposed project,the approving agency must issue a written fmding reaching one or more of three allowable conclusions. Once an EIR has been completed and identifies one or more potentially significant environmental impacts,the approving agency must make one or more findings for each identified area of impact. ESA will assist the City in preparing two sets of the draft fmdings,one set to support the findings in support of the Civic Center Land Use option, and one set to support the Findings of the Nature Center option. Meetings ESA will also attend one meeting with the Pechanga Tribe and up to two City Council public hearing assuming the hearings are at the most four hours(if additional time is required it will be billed on a time and materials basis).Fehr&Peers will also attend one City Council hearing. If more meetings are required,they will be billed on a time and materials basis. Cost Summary The following costs are required to complete the above outlined scope of work: Task Cost Updated Technical Studies Update Air Quality Study(ESA) $4,250 Update GHG Study(ESA) $6,500 Updated Noise Study(ESA) $5,000 Update Traffic Study(Fehr&Peers) $15,000 Update Biological Assessment(Helix Environmental) $1,0001 Update Cultural Resource Report(ESA) $4,000 Project Management $1,000 Updated Final EIR Prepare Appendix Section Introduction $1,500 Update Intro/Executive Summary $1,250 Update Project Description $2,500 Update Individual Sections—Impacts&Mitigation Measures $9,750 Update EIR Figures $3,500 1 Helix to prepare Updated BA r ESA April 3,2017 Page 4 Update Alternatives Analysis $1,000 Complete/Update Response to Comments $15,5002 Update MMRP $1,000 Preparation of Findings of Fact $10,000 Project Management $1,500 Meetings/Coordination(Assumes 3 meetings) $2,750 Total $87,000 The fee for the above scope of work would be on a time and materials basis;not-to-exceed$87,000. SCHEDULE To be agreed upon through discussions with city staff. Thank you for your consideration of this request. Sincerely, Danielle Griffith Senior Managing Associate 2 Helix to provide RTC Item No . 11 Approvals City Attorney Finance Director City Manager (SY CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 2017 SUBJECT: Approve and Execute the Memorandum of Understanding (MOU) Agreement with Rancho California Water District (RCWD) for Grant Funding to Implement Expanded Recycled Water and Plant Conversion Project PREPARED BY: Julie Tarrant, Senior Management Analyst RECOMMENDATION: That the City Council Approve and Execute the Memorandum of Understanding (MOU) with Rancho California Water District (RCWD) in support of grant funding awarded to RCWD and the City as a program participant, made available through the California Department of Water Resources (DWR) 2015 Proposition 84 Integrated Regional Water Management Implementation Grant. BACKGROUND: On July 16, 2015 the City Council approved a Resolution 15-41 adopting the Upper Santa Margarita Watershed 2014 Integrated Regional Water Management Plan Update for the purposes of allowing the City to work cooperatively to manage local and imported water supplies and to participate as a local agency with Rancho California Water District, the County of Riverside and Riverside County Flood Control and Water Conservation District to be eligible for Proposition 84 grant funding. In August 2015, RCWD and the City of Temecula submitted a joint project application to the DWR for consideration in response to the Call for Projects for the 2015 Proposition 84 Round 3 Implementation Grant funding program for the Expanded Recycled Water and Plant Conversion Project. On October 29, 2015, DWR released Draft Funding Recommendations and made it available for comment until November 13, 2015. On January 13, 2016, Final Awards were announced to include RCWD as an award recipient of $2,754,121 for the Upper Santa Margarita Watershed, for the San Diego Region. Within the grant agreement between DWR and RCWD, City of Temecula is identified as one of four program recipients and of the total grant award, $426,028.99 has been allocated by RCWD to the City of Temecula. The Expanded Recycled Water and Plant Conversion Project includes six sites within the City of Temecula; two in Temeku Hills Development, two in Presley Development, one in Winchester Creek Development, and one in Crown Hill Development. The project consists of the conversion of existing potable-water irrigation systems to efficient systems capable of and approved for distributing recycled water, the installation of purple pipe equipment and correction of system inefficiencies. The project tasks also include, project management, labor compliance, progress reports, planning, design and engineering, CEQA Compliance, permitting, contract administration and construction, performance testing, project monitoring, and deliverables. The project will reduce potable water demand through increased recycle water use, while decreasing energy consumption. In order to effectively administer the Expanded Recycled Water and Plant Conversion Project, it is necessary for the City and RCWD to enter into a mutual Memorandum of Understanding agreement in support of the grant agreement between the DWR and RCWD. The City and RCWD will coordinate efforts necessary to administer the overall project scope of work. FISCAL IMPACT: The Expanded Recycled Water and Plant Conversion Project is included in the Fiscal Years 2018-22 Capital Improvement Program to be adopted by City Council on June 13, 2017. Adequate funds will be made available with $426,028.99 from DWR Proposition 84 grant program funds and a local match of $142,009.66 in Measure S funding for a total project cost of$568,038.65. ATTACHMENT: Memorandum of Understanding MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING("Agreement")is entered into this day of , 2017 ("Effective Date"), by and between Rancho California Water District, a California Water District("RCWD"), and The City of Temecula, a California Local government entity ("the City"). RCWD and the City are sometimes referred to herein individually as a Party and collectively as the Parties. RECITALS A. RCWD has been awarded grant funding through the California Department of Water Resources' ("DWR")Proposition 84 Round 3 Implementation Grant funding program related to the September 2015 IRWM Implementation Grant Proposal ("Program"), and RCWD and DWR have executed a grant funding agreement("Grant Agreement") dated November 8, 2016, which is attached hereto as Appendix "C" and incorporated herein by reference, for disbursement of those funds to RCWD. Within the Grant Agreement, the City is identified as one of four program participants, and of the total grant funding, $426,028.99 has been allocated by RCWD to the City. B. The City owns and/or maintains the landscaped areas located within the city of Temecula, California, which is depicted in Appendix "A" attached hereto and incorporated herein by reference ("Properties"). C. The City has received approval from its authorized persons to participate in the Program to receive funding for certain improvements at the Properties. D. The Parties contemplate that City and/or Contractors hired by the City ("Contractors") will perform certain activities more particularly described in Section 3 of this Agreement, which hereinafter shall be collectively referred to as the "Project." E. The City and/or its Contractors provide landscape maintenance services at the Properties and have developed a detailed cost breakdown, attached hereto as Appendix "B" and incorporated herein by reference, illustrating the costs for implementation of the Project. F. The Parties also contemplate that, subject to certain conditions and restrictions in this Agreement and the Grant Agreement, costs incurred by the City will be reimbursed by RCWD, and RCWD will seek reimbursement of those funds from DWR pursuant to the Grant Agreement, and that all Parties will comply with the terms of the Grant Agreement to ensure reimbursement of such funds. G. The Parties now desire to set forth the terms and conditions for completing the Project. -I- AGREEMENT 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. 2. Preliminary Review and Authorization to Proceed by RCWD (a) Specific authorization to proceed ("Notice to Proceed")with all or a portion of the work described herein must be obtained in writing from RCWD. The City shall not proceed with any of the work, including but not limited to the retrofit of the irrigation system, or connection to RCWD's recycled water system unless and until RCWD has provided such written authorization. An on-site pre-inspection by an authorized representative of RCWD is required unless a detailed site plan is submitted and accepted by RCWD in its sole discretion. (b) RCWD will review the documents submitted. RCWD, in its sole discretion, may either(i)request additional related documents for reviewing and authorizing the Project to proceed; or(ii) deny such authorization to proceed after reviewing the documentation submitted. Participant and Contractor shall commence the work immediately upon receipt of the Notice to Proceed. 3. Scope of Work. The City and/or its Contractors shall provide an area for construction staging at the Property. The City and/or its Contractors warrants that it has visited the site and is familiar with the Project, has reviewed the bid specifications, and has familiarized itself with the conditions that may affect the cost of the work. The City and/or its Contractors agrees to furnish all labor, tools, equipment, materials, facilities and supervision to perform all work specified and prescribed, including incidental work(such as clean up, removal and proper disposal of all debris), which will consist of the following activities: (a) Developing and gaining approval of irrigation plans through RCWD. These plans will be developed according to RCWD's On-Site Recycled Water Irrigation Systems Manual and Guidelines and Requirements for the On-Site Use of Recycled Water. (b) Scheduling and passing all necessary inspections through RCWD's Water Quality Department and ensuring all water quality and Cross Connection Control requirements are satisfied. (c) Securing all permits required through local government agencies. (d) Notifying Dig Alert 72 hours in advance and prior to any excavation. The Contractor will be liable for any damages to utilities. (e) If requested by RCWD, installing temporary signage indicating the name of the Project, and the funding entities. If installed, this signage would be removed following construction. -2- (f) Converting existing potable water irrigation systems to efficient recycled water systems in compliance with RCWD's On-Site Recycled Water Irrigation Systems Manual and Guidelines and Requirements for the On-Site Use of Recycled Water (i.e., installation of drip components, high efficiency nozzles, and smart irrigation controllers); replacing traditional and inefficient irrigation system spray head components with high efficiency materials such as rotating nozzles and/or drip emitters; replacing and repairing pipe on existing water supply lines and deficient irrigation lines to reduce water losses in the system; and outfitting the irrigation system with a weather based irrigation controller. (g) Hot-tapping RCWD's recycled water mainline to accommodate use of recycled water at the conversion site by making hot taps on the recycled water mainline and laterals, installing recycled water meters for connection to the newly installed irrigation systems, and connecting the irrigation system to RCWD's recycled water system to provide water to the newly installed irrigation systems. This work will be coordinated with RCWD and will be performed according to all RCWD requirements. (h) Ensuring that the Project complies with all applicable laws, codes, ordinances, policies, covenants, conditions, and restrictions including the Worker's Compensation and Prevailing Wage Requirements of the California Labor Code. (i) Completing any clean-up resulting from the work performed in a timely manner. 4. Schedule of Construction. Project work shall begin July 1, 2017 and shall be completed no later than March 31, 2019 and shall be performed pursuant to the schedule as identified in Appendix "D", attached hereto by reference. Except for the completion date, the General Manager of RCWD and City Manager of City shall have the authority to modify in writing the schedule of performance as necessary without an amendment to this MOU. 5. Total Cost. The total cost of the Project is $568,038.65 ("Total Cost"), as shown in the City's detailed cost breakdown attached hereto as Appendix "B" and incorporated herein by reference. The City's detailed cost breakdown includes all premiums, assessments and other like payments, charges, and costs incidental to the Project work, and all applicable taxes, including social security, unemployment, and any other taxes specifically levied on the work or on wages by local city, state, or federal government, except real property taxes on the site. 6. Grant Funding. Subject to the conditions set forth herein, RCWD will reimburse the City for eligible project costs, as defined in the Grant Agreement, with up to $426,028.99 of grant funding ("Grant Funding"). The City will submit invoices and supporting documentation of costs to RCWD, and RCWD may require the City to provide any documentation necessary for complying with the Grant Agreement. RCWD will submit invoices and documentation to DWR for reimbursement. RCWD's reimbursement obligation is contingent upon the City complying with the terms and conditions of the Program, this Agreement, and all related grantee provisions in the Grant Agreement. If DWR determines that a specific cost is not an Eligible Project Cost, the City will repay to RCWD any related prior reimbursed funds. RCWD's reimbursement obligation is also subject to and contingent upon any conditions that restrict RCWD's receipt of -3- grant funding pursuant to the Grant Agreement, including but not limited to any requirements to repay grant funds to DWR for a default under the Grant Agreement, or if grant payments are voided due to the State failing to appropriate sufficient funds for Proposition 84 implementation. RCWD shall have no obligation to perform under this Agreement if the State does not provide funding for the Program. If funding by the State is reduced or deleted or the Grant Agreement is terminated, RCWD will have the option to cancel or terminate this Agreement with no liability occurring the RCWD, offer an amendment to the City to reflect the reduced amount, and/or require that the City repay to RCWD any related prior reimbursed funds by RCWD that were not reimbursed by DWR. If RCWD's repayment obligations to DWR are triggered under the Grant Agreement, the City will repay any related prior reimbursed Grant Funding to RCWD, including interest, if any, charged by DWR related to repayment of grant funds. 7. The City's Share; Funding Match. The City will contribute at least $142,009.66 ("Participant Share")towards the Total Cost. The City's Share cannot include other State- provided funds and must comply with all other Grantee Cost Share requirements, as defined and set forth in the Grant Agreement. The City will provide RCWD with documentation supporting the City's Share, and RCWD will provide to DWR and maintain said documentation in accordance with the Grant Agreement. 8. Challenge Contingency. No construction work shall commence until at least 45 days after this Agreement is executed. If RCWD's approval or execution of this Agreement is challenged under any law, RCWD may in its sole discretion terminate this Agreement and shall not be obligated to make any further payments under this Agreement. 9. Payments. RCWD will pay the City in three (3)installments according to the following schedule, provided that the City submits an invoice to the RCWD within thirty (30) days of completion of each phase described below. (a) Following the final approval of design plans by RCWD's Engineering Department and invoicing, the first installment in the amount of$64,108.97 will be due. (b) Following the completion of construction activities conducted according to the approved design plans and invoicing, the second installment in the amount of$198,226.40 will be due. (c) Following completion and passing of the final RCWD Cross Connection Control inspection and invoicing, the third installment in the amount of$163,693.62 will be due. 10. Compliance with Grant Agreement, Program, Eligibility, and Maintenance. The City will implement, maintain, manage, and operate the Project in accordance with the Grant Agreement operations and maintenance requirements and will comply with related grantee obligations stated in the Grant Agreement for performing the Project. The Parties acknowledge that the useful life of the Project is the period during which the Project is expected to be usable for the purposes it was acquired or implemented, which is 10 years from the Effective Date of this Agreement("Useful Life"). For the Useful Life of the Project, the City shall ensure that all work within the boundaries of the Project area is maintained and in compliance with all Program -4- conditions and the Grant Agreement, which are hereby incorporated by reference into this Agreement. The City shall perform the Project in accordance with RCWD's Guidelines and Requirements for the On-Site Use of Recycled Water, which are available from RCWD and hereby incorporated by reference. The City shall receive water service directly from RCWD throughout the Useful Life. The City hereby grants RCWD, its approved agents and representatives, and DWR a nonexclusive license to access and enter upon the Property at any and all reasonable times during construction and during the Useful Life to inspect the Project and verify Participant's compliance with the terms of this Agreement and the Grant Agreement. If the requirements in this paragraph are violated, RCWD may, in its sole discretion, require that the City return all or any portion of the Grant Funding. 11. Term. Except as otherwise stated in this Agreement, this Agreement shall terminate upon expiration of the Useful Life. 12. Records. The City will maintain books, records, and other documents pertinent to the Project in accordance with generally acceptable accounting principles and practices. Records are subject to inspection by RCWD and DWR at any and all reasonable times. Fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of state law, this Agreement, or the Grant Agreement. All records shall be preserved for this purpose for at least four years after project completion for final billing, whichever comes later. 13. Drub-free Workplace Certification. By signing this Agreement, RCWD and the City hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Government Code 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: (a) Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code Section 8355(a)(1). (b) Establish a Drug-Free Awareness Program, as required by Government Code Section 8355(a)(2)to inform employees, contractors, or subcontractors about all of the following: i)the dangers of drug abuse in the workplace, ii)policy of maintaining a drug-free workplace, iii) any available counseling, rehabilitation, and employee assistance programs, and iv)penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations. (c) Provide, as required by Government Code Section 8355(a)(3), that every employee, contractor, and/or subcontractor who works under this Agreement: i)will receive a copy of the drug-free policy statement, and ii)will agree to abide by terms of condition of employment, contract or subcontract. 14. Nondiscrimination: During the performance of this Agreement, the City shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for -5- employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital status, and denial of medial and family care leave or pregnancy disability leave. The City shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. the City shall comply with the provisions of the Fair Employment and Housing Act(Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The City shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 15. Warranty. The City hereby warrants that all work performed and equipment and parts installed pursuant to this Agreement shall be free of defects in materials and workmanship for a minimum one-year period from date of acceptance of installation for the entire Project at the City's expense. However, nothing in this section or this Agreement shall be construed to limit the rights and remedies available to RCWD at law or in equity, including, but not limited to, Code of Civil Procedure Section 337.15. 16. Documents. This Agreement creates an exclusive and perpetual license for RCWD to copy, use, modify, reuse, or sub-license any and all copyrights and designs in any materials and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by the City under this Agreement, which includes RCWD's use of any photos of the Property and the work completed. 17. Indemnification. The City shall defend, indemnify and hold harmless RCWD and its directors, officials, officers, agents, consultants, employees, and volunteers from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries arising from or incident to the Project, including but not limited to, any claims arising under the California Environmental Quality Act or any other state or federal environmental law, except to the extent caused by the negligence or willful misconduct of RCWD. 18. Standard of Care. The City services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 19. Independent Contractor. The City retains its Contractor(s) on an independent contractor basis and the City's Contractors, its agents and employees are not officers, employees or agents of the City or RCWD. The City and/or its Contractor(s), in the performance of this Agreement, shall act in an independent capacity and not as an officer, employee or agent of -6- RCWD. The construction work under this Agreement shall be performed by the City and/or its Contractor(s) or under the City's supervision. The City and/or its Contractor(s)will determine the means, methods and details of performing the work subject to the requirements of this Agreement. The City's Contractor(s)retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the work under this Agreement on behalf of Contractor shall not be employees of the City or RCWD and shall at all times be under Contractor's exclusive direction and control. The City's Contractor(s) shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of work under this Agreement and as required by law. The City's Contractor(s) shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 20. Subcontractors. The City's Contractor(s) shall not subcontract any portion of the work required by this Agreement without prior written approval of RCWD and the City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 21. Compliance with Governmental and Other Requirements. The City has sole responsibility for complying with laws, bylaws, ordinances, policies, codes and covenants that may apply to the Project. The City shall obtain any and all necessary permits, licenses and approvals required for performing any work under this Agreement. 22. Taxes. The City acknowledges that the Grant Funding may be considered taxable, and RCWD shall not be responsible for any taxes that may be imposed as a result of the City receiving any grant funding. 23. Prevailing Wates and Labor Compliance. All employees of the City and or its Contractor(s)performing work on the Project will be paid prevailing wage, and they will comply with State of California Labor Compliance standards. The City and or its Contractor(s) may be subjected to Labor Compliance inspections and audits throughout the course of the Project and will furnish documents and interviews needed for compliance with the Program requirements, including payroll records and timesheets. The City certifies that it is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. The City and/or its Contractors shall comply with such Prevailing Wage Laws and defend, indemnify and hold Participant and RCWD, its directors, officials, officers, consultants, employees, volunteers and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 24. Disclaimer. RCWD makes no representation or warranty to contracted services or products that may be installed within the boundaries of the Project area as a result of -7- participation in the Program. Removal of turf and installation of water efficient devices does not guarantee reduced water use. This Agreement is to facilitate the exchange of grant funding only. By participating in the Program, the City waives and releases RCWD and its respective contractors and agents from any and all claims and causes of action arising out of the work performed as part of the Project. Any claim the City may have based upon any defect or failure of performance of a contracted service or device purchased by The City should be pursued with its Contractor(s) or manufacturer/distributor. The City is responsible for complying with all applicable laws, codes, policies, ordinances, covenants, conditions, and restrictions that may apply. Quality and appearance of all landscaping on the Participant's property, both within and outside the boundaries of the Project, are the responsibility of the City. 25. Workers' Compensation Labor Certification. By their signature hereunder, the City and/or its Contractor(s) certify that they are aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agree to comply with such provisions before commencing the performance of the work. 26. Insurance. The City shall procure and maintain during the period of performance of this Agreement and for twelve (12) months following completion, except as noted below, policies of insurance from insurance companies authorized to do business in the State of California, as follows: Combined SiLigle Limit: Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer's Liability $1,000,000 per occurrence Workers' Compensation To comply with the laws of the State of California The City shall furnish satisfactory proof by one or more certificates (original copies)that it has the foregoing insurance. The insurance shall be provided by an acceptable insurance provider, as determined by RCWD, which satisfies the following minimum requirements: a. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain -8- a current A.M. Best policyholder's rating classification of no less than "A" and a financial rating of no less than Class VII; or, b. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in the state. Certificates of insurance shall be filed with RCWD within fifteen (15) days of execution of the Agreement. The commercial general liability insurance, as well as automobile liability insurance, shall include as additional insureds: The California Department of Water Resources ("DWR"), The City of Temecula ("The City"), and Rancho California Water District ("RCWD"), its board of directors, officers, employees, and agents when acting in their capacity as such in conjunction with the performance or implementation of this Agreement. These policies shall be primary insurance as to RCWD, the City, and DWR so that any other coverage held by RCWD, Participant, or DWR shall not contribute to any loss under Contractor's insurance. Each insurance policy shall contain a clause which provides that the policy may not be canceled without first giving thirty (30) days advance written notice to RCWD, the City, and DWR. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. 27. Inte2ration/Entire Agreement. This Agreement represents the entire understanding of the Parties as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by all Parties. 28. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 29. Severability. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable. 30. Attorneys' Fees. If any Party fails to comply with any terms of this Agreement, and any other Party may commence legal proceedings to enforce or terminate this Agreement, the prevailing party in any such suit shall recover from the other a reasonable sum as attorneys' fees and costs as set by a court of competent jurisdiction. 31. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: -9- RCWD: RANCHO CALIFORNIA WATER DISTRICT ATTENTION: Justin Haessly 42135 Winchester Road Post Office Box 9017 Temecula, CA 92590 Participant: The City of Temecula ATTENTION: Julie Tarrant 41000 Main Street Temecula, CA 92590 32. Headings. The article headings contained herein are for convenience and are not intended to define or limit the scope of any provision herein. 33. Authority to Enter Agreement. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 34. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 35. Governing Law and Venue. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 36. Cooperation and Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 37. Successors and Assigns. This Agreement shall apply to and bind the successors and assigns of the Parties. 38. No Third Party Beneficiaries. The Parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein. 39. Timeliness. Time is of the essence in this Agreement. IN WITNESS WHEREOF, the parties have executed this Participation Agreement as of the date written above. -10- RANCHO CALIFORNIA WATER DISTRICT By: Date: Title: CITY OF TEMECULA By: Date: Maryann Edwards, Mayor ATTEST: By: Date: Randi Johl, City Clerk APPROVED AS TO FORM: By: Date: Peter M. Thorson, City Attorney -11- 1 1 I ' I i rs, ,., ..,:.'"�AR�i• �.,.1,. 4 y"4, `4a I6 f � er t + . *"`Ise '°�� + `` � j r- � •� � _i �.�.;�# . � F - " IN iEi a.F �" APPENDIX `B" DETAILED COST BREAKDOWN Project Cost: Total Project Cost Administration $ 21,998 Construction $ 460,562 Design $ 85,479 Totals $ 568,039 -13- APPENDIX "C" PROPOSITION 84 GRANT AGREEMENT [Grant Agreement attached after this page] -14- GRANT AOREEMENifT BETWEEN THE STATE OF CALIFORNIA(DEPARTMENT OF WATER RE50L[RC"ES)AND ' RANCHO CALIFORNIA WATER DISTRICT AGREEMENT NUMBER 4604011440 2015 PROPOFATION S4 INTEGRATED REGIONAi NEATER MANAGEMENT(IRWfa1]IMPLEMENTATION GRANT CALIFORNIA PUKIC RE16uRCES CODE§702d ET SM THIS GRANT AGREEME14T is entered into by and between the Department of Water Resources of the Stale of California,herein referred to as the"State"or"D4VR"and the Rancho California Water Dist rici,a public agency in the Slate of California,duly organized,existing,and acting pursuant to the lawkrs Ihere-of.herein referred to as the"Grantee",which parties do hereby agree as follows: I, F}URPOSE, Slote shall provide funding from the Safe f)rinkinq Wafer,Water Ouality and Supply,Flood Control,River and Coastcll Proleclion @ond Act of 2006 to Grantee to assist in financing projects associated with the Upper unto Morgpnto IRVYKA Plan pursuant to Chapter B 1commend ng wilIn§7956f7J of Division 26.5 of the California Water Code J WCJ,hereinafter collectively referred to as"IRWM Program." 2. TERM OF GRANT AGREEMENT.The term of this Grant Agreement begins on the nate Ihis Grant Agreement is executed by state.end lerrninptes on December 31,2020,or when all of the Parties'obligations under this Grant Agreement ore Fully satisfed,whiChevef occurs earlier.Execulion date is the dale the Slate signs this Grant Agreement. 3. DRAW AmOUNT.The maximum amount payable by the State under this Grant Agreement shall not exceed $2,7$x,121. A. GRANTEE COST SNARE.Grantee agrees to fund the difference between the Total Project Cast and the Gront Amount(omount speclFied in Paragraph 31.Grantee Cast Share consisis of Funding,Match and Addilipncl Cost%are,as documented in Exhibil B IBudgelj.Additional Cast Shane Twill not be reviewed by the State for invoicing purposes:however,the Grantee is required to main lajn all financial records assacla led with the project In caccardcance With Exhibit I (St Cite Audil Document Requirements and Funding Match Gu idall nes for Gran tees). 5. FUNDiNG MATCH.Gro Mee is required Io provide a Funding Match{non-Stale fundsi of not less Ihan 25 percent of the Grand Total of all the total prciect casts unless a 01sadvantaged Community project waiver is granted_Grantee agrees to provide o Funcling Match for the amount as documented in Exhibit B (Budget?,and may include eTerks9sdirectlyrelated to Exhibit A(Work Plcanj after January I,2011. 6. GRANTEE'S RESEQN515I01,Grantee and ils representatives shall: a] Faithfully and expeditipuslyr perform or cause to be performed all project work as described in Exhibit A lWork Plan)and in occgrdonce with t xhlUf B(Budget)and Exhibit C jSchedulej. bJ Accept and agree to comply with all terms.provisions.conditions,and written commitments of this Gronf Agreement,including oil incorporated documents,and to fulfill all assurances,declarations, representations,and stolemecis made toy Grantee in the opplicolion,documents,amendmenis,and communic a lions filed in support of its request for Safe Drinking Water.Water Qu€ylHy and Supply,Flood Control,River and Coastal Protection Bond Act of 29706 financing. cJ Corn plyvrilhoil applicable Colifomia laws orad regulations. dJ lnsplernent the Projects in accordance with applicable prov cions of the low. ep Fulfill its oblig<atfans under the Grant Agreement,ond be responsible for the p$rformcrnee of the projects, 7. LQC,6L PR0JECT SP0NSOR'5 RESPQNSIDILITY.Grantee shall assign Local Projecr Sponsors 10 act on behalf of Grantee fol the purposes at individual project management,oversight,camplipnce.and operations and rnainlenance,Local Projecl Sponsors shall be assigned in accordance with the participating agencies ideiitffied in the Upper Santa Margarita Watershed Region iRwM Implamanlation grant Capplico#on_Exhibit F identifies Local Project Sponsors.Local Fkojecl Sponsors shall olso ac on behalf of Grantee in the fulfillment of Grantee responsibiktie,,where specifiically specified in this Grant Agreement. .5- BASIC CONDITIIDNS.Stole shall have no obpigolion 10 disburse money for projects under this Grant Agreement until Grantee hos satisfied the fallowirog conditions(if applicable]: -IS- Grunt Agreement No.46";1490 a} Gronlee and local Project 5ponson demonsirole the cavoitability of sufRcieni funds to complete each lecl by submitting the most recent 3 years or audited financial statements card submitting an edited Financial Statement Summary for each Local Project Sponsor. b] Grantee must)demo nsirote complioace with the groundwater compEance options set forth on pages 14 and 15 of the IRWM Program Goidelinf s.daied may 2015, CJ Grange submits celiverobles as specified in Paragraph 14 of this Gfonl Agreement and in Extubl A. d) Prior to the commencement of Canstrvction or implemenlation activities,Grantee shall Submit the }rWnwina to the Siote.for each projart; 1 jl Final plans and specifications certified by a Colifornia Regislered Professional(;Civil'Engineer or Geoiogisl,as appropriate]for the approved prc4ecls as lisfed in Exhil}il A of this Grant Agreement. 21 Environmental Documeniation: i] Gronlee subrNis to the Stale all applicable eftuironmerntal permits. iij Documents shot satisfy fhe CEGA process are received by the Slate, iii] Stale hos eompleied its CEQA compliance review as a Responsible Agency.and ivl Gronlee receives written concurrence from the Slate of Lead Agency's CEQA documents and St ate notice of verification of environmental permit submittal. Slaie's concurrence of Lead Agency's CEQA documents fs fully discretionary and shell constitute a condition precedr~rnt fa any work ji_e., construction of implementatfon ❑cfivilie5j for which it is required. Once CEQA documentalion has been campleled,State will consider the environmentoal documents and decidewhether to continue to fund the prnjecls of to require changes,oiterolions or other rrmifigation.Granlee must also demonstrate That ii has compiiedwith all opplicobie requirements of the National Environmental Policy Act by wibmitfing Copies of any environmental documents, including environmental impact statements, Finding of Na Significant impact, and mitigation moniloriing pragramsr as may be required prior to beginning consinictiori/i 1plementatl!on. 3) A.monitoring plan as required by Paragraph 21r"PrOjeCl Monitoring Plan Requirements," F_ D15BURSEMENi OF FUNDS.Stale 0l disburse to Grantee the amount approved.subject to the ovailability of funds through normal State processes.Notwithstanding onyolher provision olthrs Grant Agreement,no did-m,rcPmPnt shn4 hQ FF9uirerl of nny tinii5 nr in r,r)y rnnnnPr which is in vlololion of,rx In conflict with. federal of slate lows,rules,or reguiaiions,or which may recivire ony rebates to the federcl government,cr any loss of tax-free stales on slate bonds,pursuant fo any federal statute ar regulation, t0. ELIGIBLE PROJECT COST_Grantee shall apply Slate funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B.Eligible project casts include the reasonable costs of studies,engineering,design,land and easement acquisiilan.legal fees.preparation of envirc nmentral documen lation,.environmental mifigc6ons,monitoiing.and project construction. Remonoble administrative expenses may be included as Total Project Costs and will depend on the complexity of the project prepaxalion,planning,coordination.consiruction,acquisitions.and implementation.Reimbursable administrative expenses are the necesyory r_Qsts incidentally but directly related to the projects including the portion of overhead and administrative expenses that are directly related to the projects included in this Grant Agreement in accordonce with the standard accounting practices of the Grantee.Work performed on the projects after Jdnudryt 17,2014,shall be eligible for reimbursement. Casts 1h at are riot eligible tax reirribursernerml lncluda.but pre nrii Iffrifled lu Thu+ibiluwirig il#frrrsr aj Gosls,other than those noted above,incurred prior to the award date of the Grant. bi Opvfafign and maintenance Casts,including post construction performance anti monitoring costs. c) Purchase of equipment that is not an integral part of o project. raj Estabiishfng a reserve fund. e) Purchase cf.pater supply. f) Moniloring and ossessment coasts ter efforts required after project construction is complete. 9) ReplQce+nenl of existing rending sources for ongoing progr<xmy, -16- iGrnar Agreewrexr JVo 4 600 01 1490 Page 3 of-60 hl Travel and per diem castsfper diem includes suGsistence and alher relaled oasis}. I] Supparl of existing agency regaifements and mandales(e.g-punitive regulo I oryagency requirement). jj Purchase of land in excess of the minimum required acreage necessary to OPWCta 05 an integral part of a project,as set forth and detained by engineering and feasibility studies. kJ Payment of principal or interest of exisling indebtedness or any interest payments unless the debt is incurred after exeCution of this Grant Agreement,the Slate agrees in writing to the eligibility of the costs for reimbursement before the debt Is incurred,and the purposes for which the debt is Incurred are otherwise eligible casts.however,this will only be allowed os Gfonlee Cost Shore(i.e..Furl ding M atcnj. 1) Overhead not directly related to project casts. 111.MET1-1013 QF PAYiS EW. aj Reimbursement-Submit a copy of invoice for costs incungd and supporting docVmentoliion to the DWR Project Manager via Grant Review and Tracking System(GRanT$). Additionol[y,the original Invoice form with signature and date(in ink] at Granlee's Pr*ct Representative,as indicpted an page 10 of this Grant Agreement,mull be sent to the DWR Project Manager for approv0l_ InvaiCes submitted vier GRanIS shall Include the Fallowing infnrmntinn: 1) Costs incurred for work perfofn"K d in implementing the projeCts during the period identified in the particular Invoice, 2) Casts incurred for tiny interests In real property(land or easernerils)that have been necessarity acquired for the projects dunrig the period idenlifleo in the particulor Invoice for the implem(mlotion of a project. 3) Invoices shall be submitted an Fps provided by Stole sand shall meet the Iollowing formot requirements: QC��f1 tI Invoices must contain the date of the invoice,the lime period covered by the invoice,arld the tolal amount due. ii! Invoices must be itemized based on the categories(i.e_tasks]specified in Exhibit B.The amount eiGrimed forsdtaries/wrages/consultant fees musf include a calculation formula(i.e_,hours or days worked times the hourly or doily rate=the total amount claimed). Irl) Sufficient evidence fe.g.receipts.Copies Of Checks,time sheets)as determined by the State must be provided for oil cosI5 included in the invoice_ Additional Gast Share shall be a•ccaunted for separately In the progee€s reports, fv) DWR Project Manager will rs0tify Grantee,in a 11mely manner,when,upon review of an invoice. the 5t€ate delerrnine$that any portion or portions of the costs claimed are not eligible cools or are not supported by docrlmenralion or receipts locceptable to State.Grantee may,within thirty (30)calendar days of the date of receipt of such notice,submil additional documentation two Stole to cure such deficiencyfiesf. After the disbursem$nt requirements in Paragraph 8'Basic Conidilions"are met,State will disburse the whole or portions of State funding to Grantee. following reCeipi from Grantee via U.S.main or Express mail delivery of a"wet signature"invoice for cosls interred.including Cost Shure,and timely Quarterly Progress Reports as required by Paragraph 19"Submission of Rep0dS."Paymenl will be made no more frequently than monthly, in orrecirs.upon receipt of an invoice bearing the Gran)Agreement number. b) Advanced Payment-Water Code§10551 oul1,xokes advance payment by Slate for projeC t5 which are sponsored by a nonprofit organization;a disadvantaged community(DAC).or,the proponent of a project that benefits a IDA C. If these projects are awarded less than$l,D(X,000 in grant funds.the project proponent may receive an advanced payment of 50r%of the grant aword;the remaining 50% of the grant award will be reimbursed in arrears. Wiithin 90 calendar daV5 Of execution of the Grant Agreement,the Grantee shall provide DWR an Advanced Payment Request. The Advanced Payment Request must contain the following= 1) porcumer0ation demonstrating that each Local Project Sponsor was notified aboul their eligibilily to receive an advanced payment and o response from the Local Project Sponsor slating whether it wishes fa receive the advanced payment or not. 21 If the Local Projeci Sponsor is requesting liie ordvanced payment,the request must also include: -17- Grant,lgrvzemesr Nn_460019,'14919 Page 4 of 60 ' iJ A funding plan which shows haw the advanced funds will be expended will-nn.18 monfhs of fhts Grant Agreemeni's execution.Ji.e.,for what,how much,and when} ill A discussion of the Local Projecl Sponsor's frnanclal copacily to complete the profect once the advance funds have been expended, 3) Ilion local Project Sponsor Is requesting advanced poymenl.Gronles shall also submir a single Advance Payment invoice.contoiniing the request for each qualified projeatr to the(DWR Project Manager wlih signature and dale[in ink)of Grantee's Project Representalive,as Indicated on page tp of this Agroemenle Tlwe Cranlee shall bo responsible for the timely distribution of the ckeivonced funds to the indlvIcIvol Local Project Sponsors, Wil Nn 60 calendar days of receiving the Advanced Payment Inv#ice and subject to the ovoileability of funds.State will outhoF¢e payment of the advanced funds sought of 5U%of the grant award tog the qualified projects. The Advance Povrnenl Invoice shalt be submitled on fcrm5 prcovided by 5tQtt,and shall meet the fallowing format requirements, 1 J Invoic a mull contain the date of the invoice,the lime period C overed by the invoice,and the Iat€zl amount due_ 2) Invoice must be itemized bored on the categones;i_e..tasks)specified In Exhlblt 0. 3) CWR Project Manager will notify Grantee,in o Timely rnonner,when,upon review of on Advance Payment Invoice,the State determines that any p€xilon or portions of the coats claimed ore nol eligible casts.Grantee may,within thirty[341 calendar days of the dale of receipt of such notice, submit additional documentation to cure such def iciencyjies),After the disbursement requirements in Paragraph 8"Basic Conditions"(8a)and 8bj onlyJ are met,Slate will disburse the whole or portions of Slate fundirq to Grantee,followinQ receipt from Granteevl#US moil or Express malt delivery of a"wetSignatu rnvoice for Costs incurred,including C#sl Shore,and timely Progress Reports as required try Pe�groph 19"Submission of Reports." On a quaderly boasis,the Grantee will submit an accountability Repcd to DWR that dernonstrates how aclutal expenditures compare with the scheduled budget, The Accountability Report shall include the following information- 1) An itemization of how advonced funds hrave be an expended to date [Expenditure Summary), inn 6udin 9 documentolion that supporls the expeendir uresle-0..contras for in voic es,rec cipl s, personnel hours,etc,j.Invoices must be itemized based on the categories(i.e.,tasks)specified in Exhibit B. 21 A funding plan which shows how the remaining advanced funds will be expended_ 3] baoumeniatlonthat the fundSwere placed in a F)cm-inte(esl bearing account,including the date$ of deposits and withdrawals from that account_ DWR Project Manager will notify Gra nfee,in a timely monnef,when,upon review of the Expendilure Summary,the State determines that any portion or portions of the expenditkjres claimed ore not eligible costs.Grantee may,within thirty f30)calendar drays of the hale of receipt of such notice.submit additional documentation to cure 5vch deficiency(iesl, It casts are not consistent wit In the Iasks in Exhibit li the 51 ate Will reject the claim acrd remove there from the Expenditure 5ummpry, [ince C-kanlee has eVended all advanced funds.theca the method of moment WO revert Io the reirntpLneMenf process soedilCd in Paroarcoh I I a I and arnrgemoinlnoreovirements of Par#grapP)8- 12. REPAYMENT OF ADVANCE5.Stale may demand repayment from Grantee of all or any portion of the cdvanced State Funding along wifh inferesf of the Califomio general obi dation bond fnierest role ai the Mime the State notifies the Grantee,as directed by Stale and lc ke any other aclion that It deems necessary I#protect Its interests for the fallowing conditions; ap A project is not being implemented in accordance with the provisions of this Grant Agreemeni_ bj Grantee has failed in orgy atner respect Io r:or iply wilh the provisions of Ihis Grant Agreement,and if Grantee does not remedy any such failure to State's satisfaction. -18- Granf Agneemenr Mo.460M 1490 Page 5rtf60 Repayment ornounis may also include: cj Advonce funds which hove nal been expended wlthln 18 rnonihs of the Grant Agreement's execution tjy the LQCat Project Sponwr. dl Aclual costs incwfed pre not consislent wish the Exhibit A(Wo*Plant octfvifiers,not supported.or orae ineligible. e1 At the completionof the p'rgjecf,the funds have not been expendled. For conditions 12dt and t 2d1,repayment may cansist of deducting the amount from future reimbursement invoices. Stole may consider Granlee's refusal to repay the requested advanced amount Cl substantial breach of this Gront Agreemenf subject io the default provisions in Paragraph 14,"Default Noyisions.' if State notifies Grantee of its decision to demand repayment or withhold the entire funding amount from Grantee Pursuant to this poragroph.this Gran)Agreement shall terminale=_upon teceipl of such notice by Grantee end the State shall no longer be required to proyid-e funds under this Granl Ag+eement and the Grant Agreement shall no longer be binding on eiIheir party. 13.WITHHOLCING Pf PISIBUIRSEMENTSIf Slate determines that o project is not'being implemented In aoCord;unCewith the provisiarx of this Grani Aigreerneni,cur thin Grairee taus Vied ill uny ufliei revspeul les comply with the provisions of this Grant Agreement,and It Granlee does nol remedy any such faihure to State's satistaction.State mqy withhold from Grantee all or any portlon of the State funding and take any other action that it deems necexsaery to protect its interests,Where a portion of the State funding has been disbursed to the Grantee and Stole notifies Grantee of its decision nol to release funds that have been withheld pursuant to Paragraph 14,the portion thol hos been disbursed shall thereafter I?e repaid immediat"with interest at the California generol oUlgation band Interest rate at the lime the State notifies the Grantee,❑s directed by State.State may consider Gronlee`s refusal to repay the requested disbursed amount o controc l breach subject to the default provisions in Paragraph 14,'()ef cult Provisions."If State nplifies-Grantee of i eclsion to withhold the entire funding amount from Grentee pursuant to this poiogrpptl.this C'srdnt Agreement shall terminate upon receipt of such notice by Gfonlee and the State shall no longer be required to provide funds under this Grant Agreement,and the Gro n f Agreement shall no longer be binding on Clther early, 14, DFFRIJLT PRQVISIONS,Grantee(and a Lacer Project 5ponsar receiving grant funding through this Grant Agreementl will be in default under this Grant Agreement if any of the following occur., a1 5vbstontiol breoChes of this Grant Agreement,or any supplement or amendment to It,or ony other ogreerneni belween Grantee and State=evidencing or securing Grant"'s obligations, b1 Making any falSoworranty,representolion,or slatement with respect to this C,rpnt Agreement OF the application filed to platpfn this Grant Agreemenl. cl Failure to maintain an adapted JRWM Plan that meets the requirements contained in Part 2.2 of DkAsion 6 of rhe CWC,commencing with§10530. dl Failure 10 operale or maintain projects in occordonce with this Grant Agreement IPoragra ph 241. el Failure ia rnake anyrerniftance required byihis Grant Agreement. f} Failure 10 comply wilh Labor Complipncey Program requirements(Forogiaph 1$j. g Failure 11D submit timely pfogress reports, hl Failure to roulinety invoice Stare_ it Failure to meet any of the requirements set forth in Paragraph 15,IL Continuing Eligibility. Should an event of default occur,state shall provide o notice OF defoult to the Grantee and shall give Grantee=at least fen(14])calendar days to cure the defoutt from the date the notice is sent via first-class mall to the Grantee_if the Grantee fails to cure the default within the time prescribed by the Stale,Slate may do any of the fallowing: al Declare the funding be immediately repaid,with interest,at the California general obligation bond interest rode at the time the Stole notifies the Grantee of the default. bj Terminate any obilgation to make future payments to Grantee. -19- Grunt Agreement No.4660011'4'90 Fuge d 0/60 cM Terminate the Gfon1 agreement, d] Take any other taction that it deems necessary to protect its Interests. In the even)Stale finds it necessary to enforce this provision of this Grant Agreement in the manner prodded by low,Grantee agrees to pay all costs incurred by Stole inducting,but not limited to,reasonable allomeys'fees,legal expenses.and costs. 15. CONTINUING ELIGIBILITY.Grantee mvsl meet the following ongoing requirement)s]toremairr eligible to receive State funds- a) An urban water supplier that receives grant funds governed by this Grant Agreement shall: I] Molnloincompttonce wilt)the Urbon water monagemer,l Nonning JUWMP)Act(Wolter mode §10610 et Seq,M and Sustainable water Use and Demand Redvction, Part 2.55 of division 6(Water Code§II:}61]$etsecf,), Urban wcder suppliers that Submitted AB 1420 compliance Table 2 in the 2015 Implementation Grant Applicotion must submit,until.June 30,2416,either: i) List of Tasks f implement the best management practices listed in AB 1420 compliance Table 2 and a corresponding schedule and budget or, ii} The progress toward the 2015 interim Gallons per Copila per Day RGPCO� target, If not meeting the interim ttarget also include o schedule, financing play~,sand budget for achieving the GPCD, as required pursuant to~Vater Cade§11608,24, By July 1,2016 oil Urban water Suppliers must submit documenlation Ihot dernonstrotes they are meeting the 20 i 5 interim GPC-D target_ It not meeting the interim target,also include a Schedule. financing)plan.and budget for achieving the GPCD,as required pursuant to Waller Code §1060$_24. Storting June 30,2011,turban water supplien that did nkat meet Iheir 2015 GPCD Iprget must al£o submff,by Jury 30Wnual reports Ihat include o schedule,financing plan,and bvdget for achieving the GPCD{water Code§14648.241. 21 Have Iheir 2410 UWMP deemed consistent by DWR. The 2015 LJWMP update mast ibe submitted to DWR by July 1,2416.If the 2015 UW MP is rlol submitted to DWR fly July 1.2016,funding disbursements to the urbon waler supplier will ceose until the 2415 IJWMP is Submilled. If the 201 S UWMP is deemed inconsish4rrt by l:WIR,the jrbanwoter supplier will be ineligible to receive funding disbursements until the Inconsistencies are addressed and DWR deems the UWMP consislenl_ For more information,visit iho follcwfng website--htip:[Iwww.wqlerCq,qovlVrbgr)wof&Fmcinoo52menI. b] An agricultural water supplier receiving grant funding mus l: 11 Com plywilh Sustainable Wofet Use and Demand Reduction req uffements outlined in Port 2.55 (commencing with§1461181 of Division 6 of the Water Cotte, Before July 1.2016,submit a schedule, financing plan,and budget for implementation of the efficient water management practices., required pursuant to welter Code§1060B,45. 2) Have thelr Agrlculli wcater Management Plan IAWN IP] deemed consistent by DWR. The most recent AWMP update must have been Submitted to DWR by December 31,21015. To maintain eligibility and continue funding disbursements, an cVriculturol water Supply must have their 20115 AWMP deemed consistent by DWR on or before October 1.2016, For more informaliorl,visit the tollo+,virig website:htty,(/w,rw .waler-ca,povl atetuseefficiencvlo+ariculturalfaamami.clm. 1 Grj�rlfei t diveftir)p surfs ce w6lef Must ffi&J)fdil5 eOmI51lanee WRM dlversioel reponing rgcluirement 05 ovllined in Port 5,1 of Division 2 of the Water Code. d] Projects with potential groUndwoler impacts must demonstrate Compliance with the groundwater compliance options set forth on pages T4 and 15 of the IRWM Program Guidelines,dated May 2015. el Projecl Proponents that have been designated OS monitCring entities under the C'atifomifl Statewide Groundwoter Elevation Monitoring ICASGEMI Program must maintain reporting compliance,as required by Water Code§10420 and the CASGENr1.Progrom. -20- OMNI Agre Menr No.460011490 ,P,�ga 7 Of da 16. FLh'MIIl .LICENSES,APFsROVALS.AND LEGAL OBLIGATIONS.Grantee shall be responsible for obialning any and all permits,licenses,and approy❑fs required for performingany+work under this Grant Agreement, including Those necessary to perform design,construction,or operolion and maintenance of the PrpjRct5. Gwontae shrill be responsiblefcx obsevfng and complying wit ony appricable federal,state,and local laws,rules orregurdlions affecting onysuch work,speafffeoOy those including,but nail 4nifed to, environmental.procurement.and safety laws,rules,regulations,and ordinances. Grantee shall provide copes of permits and approvals Jo State. 17. RELATIONSHIP .Grantee is solely responsible for design,construction.and opeeolion and maintenance of projects within the work plan_Review or approval at plans.speciFicollons.bid documents. or other construction documenrs by Slate is solely for the purpose of proper administration of funds by Stade and 5holl not be deemed to relieve or restrict responsibilities of Grantee under![N5 C;rcnt Agreement_ 18. LABOR COMPLIANCE.Grantee agrees to comply with all applicable California labor Code requirements and Standard Condition D_28 in Exhibit fl_Gfantee must,independently or through a Third party,adapt and enforce a Department of Indusirial Relations-Certified Labor Compliance Program(LCPj meeting the requirernents of Lobar Code§17 71.5 for projects funded by a) Proposition 84(Safe prinking Water,Water Qualify and Supply, Flood Control,River and Coaslal Protection Bond Aci of 2006blie Resources Cade§75D75 of seq_)or bj Any other funding source rearing on LCA'. At the Stole's request,Grontee must promptly submit writ)en evidence of Grantee's compliance with the LCP requirements. 14. �QBM155100 QF REPQRTS.The wbmitttll and approval of all reports is requirement for the successful completion of this Grant Agreement.Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for oontenl,re1jmeriCOI1 OCCurocy,spelling.and grt7rr7Mar prior Sts submitIat to State.If regWesled,Orontee shall promptly provide any additional inFomotion deemed necessary by State for rhe approval of reports.Reports shall be prosenied in the farmod5 described in the applicable portion of ExNbit _The timely submittal of reports is a requirement for initial and continued disbursement of State funds_Subnn ttol and subsequent approval by the State of a Project Completion Report is a requirement for the release of any funds retained for such projects. ta] rnoress eaorls: Grantee shall submit progress reports on a regU10r and consistent basis 10 meet the Stare's regdireMent for disbursement of funds.The reporling period 5ha11 not exceed one quarter in length,The progress reports shall be sent via a-mal lc the 51ate's Project Mo nager and 5ha11 be uploaded into GRanTS at the frequency specilied in Exhibft C(Schedule).The progress reports shall provide a dried description of the work performed during the reporting period including: Grandee's aclivities,milestones achieved,any accomplishments,and any problems encountered In the performance of the work Under 1hi5 Agreement- b] Accountability Reptant:Grantee shall submit,ora quarterly bash,an Accountability Report by individual Local Project Sponsor that at o minimum: 1 a An itemization of how advanced funds have been expended to dale[Expenditure Summary), including documentation that supports the expenditures(e.g.contractor invoices,receipts, personnel hours,elc,).Invoices must be Itemized Dosed on the caiegorles{i.e.r(asks)specified In Exhibit B, 2) A fUndinq pion which Shows how the remaining advgnCed Funds will be expended. 3a Provides an arccounting of dislrlbuing theadvanced funds to the appropriate Local Project Sponsor_ 4# bocuments that the funds were spent on eligible reimbursable costs. 5] Documentation that the funds were placed in o non-interest bearing account,including the dates of deposits and wrifhckowols from that account. a`[ water Management Status Reoaert:Until lune 39.2016. Grantees shall submit a status repot on implementation of either AB 1427 status OF 5Bx7-7 water conservation status fax the urban water suppliers that submilted an AB 1420 compliance Table 2 in the 2015 Implemenlatfon Grant Application. AB 1420 -21- Graaw fgreemenx Mo.466001 f49V Pngv S o{60 status reports shall be uploaded into GRanTS no later than 30 calendar days after executlon of Ihis agreement. SBx7-7 CPLD status repasts shall be uploaded via GRonTS no later than June 30.2016.By July 1,2016 all urban water suppliers must submit an U1NMP Ihot demonstrates They are meeting the 2015 interim 5W-7 GPCD target_ If the urban wafer supplier 4 not meeting the interim target,then the urban water suppliers must also submit wish its UWMP.a schedule,financing plan,and budgel for achieving the GPCO lWater Code§10608,24), Starting June 30,2017,those urban water suppliers that did not meet thele 2015 GPCD target must also submft,by June 30,annual reports that include a Lchadulsl financing plkar%,and ltaudget for ochieving the GPCI] (Wolgr Cade 51G608.24). Failure to progress on implemeniatian may result in eantfnuing grant etigibilityections under Paragraph IS- Refore July 1,2016,all agricullural water suppliers must submit a schedule,financing pian,and budget for implementation of the efficient water management practices,required pursuant to Water Code §10608.4810 comply with Sustainable wafer Use and Demand Reduction requirements outlined in Part 2,55(Commend ngwfth§10609t of Division 6 of the Wager Code- d) PMect Q oMiDletionR Grontee shall pre pore and submit to Stale o seporarte Project Complelian Report for each project included in Exhibit A.Grantee shall submit a Project Completion Report within ninety 190)caalendardays of projects completion,Prolect Completion Reports shall include,in part,a description of actual work done,any changes or amendments to the project,and a final schedule shdwislg actual progress versus planned progress,copies.of any final documents of reports generated or utilized during a project_The Prgect Completion Report shall also include,if applicable,cerliticalion of final praject by a California Registered Professional(Civil Engineer or Geologist,as appropriate), consistent with Standard Condition D.19 in Exhibit D.A DWR"Certification of Project Completion"form will be provided by the State. el [gnt Corti1p tion Reaorio. Upon completion of all projects included in Exhibit A,Grantee shall submit to State ra C�rr3r)i Completion Reporl,The Grant Completion Re,porl shall be submit led within ninely 190) calendar days of submitting the Project Completion Reporl for the rinot project to be completed undler this Grant agreement.The Grant Completion Report shall Include reimbursement status.a briar description of each project completed,and how those projects will farther the goals of the IRWM Plan and identify any changes to the IRWM Plan,a$a resul l of prDjecl implementation,Retention fpr the last Project to be completed as pari at this Grant Agreement will not b$disbursed until the Grant Conaraletioni Rt puol 6 Wb1T11llcd IVfjflaa 47P"VV"d by thet 5luie- fJ Post-Performance Recons:Grantee shall submit Post-Performance Reports.Post-Performance Reporls shall be submitted to Slate within ninety(901 colendor dogs offer the first operolional year of a project has elapsed,phis record keeping and reporfing process shall be repeated annually for a total of 10 years offer the completed projects begins operation, 20- OPERAHU14 AND Mn1NTENANCE OF PROJECT.For the useful life of cons Iruclion and implementation prcj&cts and in consid ero I ion of the funding made by Slate,Grantee agrees to ensure or Cause to be performed the commencement and continued operation of each project.and shall ensure(Y cause each project to be operated in an efficient and economicaI manlier:shall ensure all repairs,renewals,and replacements necessary to the efficient operal Ion of the some are provided:and shall ensure or cause the some to be Mai nf wined in as goad and efficient condition as upon its gpnstnaation,ordinary cnd reasonable wear and depreciation excepted.The State shall not be liable for any coat of such maintenance,management,or operation_Grantee or their successors may,with the written approval of $tal'e.transfer this responsibil ty to use.manage,and mai:ntoin the property.For purpose=s of this Grant Agreerrier11,"usdfuI life"rrieuris pelriod during which an asset,property,or aciivlty Is expected to be usable for the purpose if was acquired or 1mptemenled,"operation Costs"Include dlrecI cosis Incurted for material and labor needed for operations,uhlitles,insUronge,and similar expenses.and "maintenance costs" include ordinary repairs and re=ptacomenfs of a recurring nature riece ssory fpr Cppifaf assets and oosic structures and the expenditure of funds necessary to replace of reconstruct cppitaal assets or basic structures.Refusal of Gtanlee to ensure operation and maintenance of the projects in accordance with this provision may,at the option of Stale,be considered a breach of f his Grant Agreement and may he treale:d as default under paragraph 14,"Defautl Provisions." -22- Grata rlgweemew Na,4609011400 Page 00/GU 21. PROJECT M0NITORIMG PLAN REQUIREMENTS.Grantee shall develop and Submit Io State a Projeal Monifc.ing Plan that incarporates:(l)the ProjecI Performance Monitaadng7able req u4eme3nts.out lined in the Prapasition 84 20151RWM Implementation Grant Proposal 5olicilation Packoge(pages 20 and 21),and )2)the guidance provided in Exhibit J,"Proje ci Monitoring Plan Guidance." 22. STATEWIDE MONITORING REQUIREMENTS.Grantee shall ensure that all groundwater projects and projecis that include groundwater monitoring requfrement5 are consistent wflh the Grovnctwater Quality Monitoring ACI of 2041 (Part 2.76(commencing with§10780)of Division 6 of Calif ornici Water Cade)and,where applicable,that projects that affect water quality shall include a monitoring component that allows the inlepratian of data into store-wide morilorin.c]efforts,includinu where applicable,the Suirfoce Water Arnbient Monlrofing Pfogrger carried out by the Stale water Resources Control Board.See ExNbil H (ROqUlrer OMS for Stalewide monitming and Gene Submiltal)"for web links and inloerar>,ation regarding other State mormtaring and doto reporting requirements. 23, 140TIFiCATIQN OF STATE.Grantee shall promptly notify-Stale,in writing;of the following items: a) Events or proposed changes that Could affeal the scope.,budget.or work performed under this Grant Agreement.Grantee ogree5 that no substantial change In the scope of a project will be undertaken untir writlen notice of the proposed Change has been provided to Stole an€J S1p19 hos given wrilten approval For such Change.Substantial changesgerferallyinclude changes to the work plpn,schedule or refer,and budgel_ bl Any public or mecila event pubticixingi the accomplishments and/or results of this Grant Agreement and provide the opportunity for oIlendance Bind participation by Stolle's representatfves.Grantee shall moke such nor ificolion at least 14 Colendar days prior to the event_ c) Fingal inspection of the completed work on a project by a Califorrifa Registered Professional{Civil Engineer or Geologfst,os appropriate),In accordance wilh Standard condition D.19 in Exhibit D- Grantee 511hail notify the Slate's Project Manager cal the impectioo date of least 14 calendar days prior In the incerir,n in nrHer to rwavioe Stotts the opportunity to pnrlici;pod2 in tht- ins�s2ctiorr_ 24. NOTICES.Any notice.demQnd.request.Consent,or approval 1hot either early desires or is required to give to the other party under this Grant AgreeMenf shall be in writ Ing.Notices may be transmitted by any of the following means: a) by delivery in person. b) By certified U.S.mail,return receipt requested,postoge prepaid. ct By"overnight"delivery service.,provided that next-business-day delivery is requested by the sender. d) fly electronlc means. Notfces delivered in person will be deemed effective immediately an receipt jcr refusal of delivery or receipt].Notices sent by certiffed mal will be deemed effective given ten(10)calendar days after the dote deposited with the U_S.Postal Service,Notices sent by overflight delivery service will be deemed effective one business day after the date deposited with the delivery service,Notices sent electronically will be effeClive on the date of transmission,which is documented in writing.Notices shall be sent 1p the addresses set forth in Paragraph 26.Either patty may,by written notice to the glher,designor9 o aiffef00 address Thal shoii be subsiituled for the one below. 25. PERFCRMAN CE EVALUATION.Llpon completion of this Grant Agreement,Grantee's performance witl be evaluated by the State and a copy of the evaluation will be placed in the State file and o copy sent to the Grocitee -23- Grant Agreement Na dRfMbT jr4(� Page 10ov/60 26. PRQJKTR9PPESENTA7jVES.The Proj'ecl Represenlotives during the term of this Grant Agreemeni areas fogows; Departmeria of W(iter Resources Rancho California Water District AfthW Hinojoso Jeff Armstrong Chief,Division of IRWNI Genetal MOn®ger P.O.Box 94283E PO Bax 9417 - Socrornenlo CA 94236-0001 Temecula.CA 92589-9417 Phone: t916)653-4736 Phone:(951)296-6942 e-mrail:ArthLif,Hinojinso@,waler.co.gov e-mail:ormsfraneri@ranchowoter..corn "reel all inquiries to the Projeci Monogec Department of Wert@r Re5oVrCeg Rancho California Water District Angela Cruz Justin Flaessty Division of Integrated Regional Water Senior Water Resources Planner Management 42135 Winchester Road 901 P Slreol.Rm 213A Temecula.CA 92590 Sacramento,CA 95814 Phone: (9511296-6942 Phone_11?16)653-9723 e-mail:hQPS lvi2rQnCh0waier.CCam - e-mail:Angela-Cruz@waFer.ca.gov Filher party may chonrge its Projecl Represeniative or Project Manager upon w itfen notice to the other Party. 27. $TANDARD PROVI51ONS.?he following Exhibits ore otioched and made o pari of this Grant Agreement lay Ibis reference: Exhibit A-+Nark Plan Exhibit B-Budget Exhibit C-Schedule Exhibit b-Standard Conditions Exhibli E-Authorizing Resolution Exhibit F-Local Project Sponsors Exhibit G-Report Formals and Requirements Exlftblt H-Requkements for Statewide Monitoring and Data SVbmittal Exh blt I-Stole Audit Document Requirements and Funding Match Guidelines for Grantees ExIiiblt J-Project Monitoring Plan Guidonce -24- Grunt rlgreemerr No.45000;1490 f'gge f f�f b0 IN WITNESS WHEREOF,ff,e parties hereto have executed ft Grant Agreernenl_ STATE OF CALIFORNIA RANCHO CALIFORNIA WATER DISTRICT f]EFART&ILNT OF W 1ER RESOUR0ES Arthur Hinoi sa.P.E_.ChieF Armslihn Division of In ed f�egional Water Monagemeni Li r_'01 MG roger Dale r Dare Approved as to Leval Form❑ndSufficieney ., R�n Brewer„Assistanl C0e0,nsel Office of Chief Counsel Dolefa -25- +Grant Agreeww-NI No 46 11490 Page 12 of W FxHraIT A WORK PLAN The 2015 Proposition 841rnplementation agreement awards funding for four projects located within the Upper Santa Margarita Watershed IRWNI Region. PRIDJECT 1:WELLHEAD TREATMENT FACWTIE5—WELL 142 IMPLEMSENTING Ar5EnCr.Rancho California Water Dlstrlct(RCWD) Paojecr DEscRwTIoN.This project will consist of the installation of an iron manganese removal filtration system at Well 102 to allow it to provide water supply to the potable water system(instead of to the recycled water system).This well will increase water supply by approximately 1,000 acre-feet per year jAFy), RUDGETCATEGORY(Al:DIRECT PROJECT ADMINISTRATION TASK 1:PROJECT MAMA EMEdNT This task includes carnpletion of the grant application by a Consultant,as well as RCW D's staff time to attend meetings and provide prajert materials for the development of the 2015 IRWM Implementation Grant Application. RCWD will manage the Wellhead Treatment Facilities—Well 102 Project in compliance with grant requirements, overall project coordinationr project mariagement,communication with project teamr and project meetings. RCWD will prepare itivolces including relevant supporting documentatlon for suhrnittal to DWR. Oellverables° LI Environmental Information Form jEIFj El Financial Statements ❑ Invnlces i Other Applleable Project OeIWrables TASK 2:LAaOR CCMPLIANCE PROGRAM $tate of Callfornla Department of Jndustrial Relations granted RCWD approval of a La bar Compliance Program in accordance to Title 8 of the California Code of Regulations Section 1642.5 including projects subject to the requirements of Section 75075 in September of 21)12.RCWD will implement their Labor Compliance Program during construction of the project,including In-kind and neUlcie services. Deliverables: EJ Proof of Labor Compliance upon request TASK 3:REPORTING RCWD will prepare progress reports detailing Work comp leted during reporting period a5 outlined in ExhIbitG of this agreement. Reports will be jurluded in a progress report to be sukarriitted to DWR. Prepare Draft Project Completion Report and subr kit to DWR via the Grantee for IDWR Project Manager"s comment and review no later than 94 days after project Cornpletioln. Prepare Final Report addressing DWR's comments.The report shall be prepared and presented in accordance with the provision of Exhibit G. -26- Grant Alreefflen,No.460Q I100 Page 0 of to Dellverables: ❑ Project Progress Reports Fl Draft Project Corripletion Report ❑ Final Project Completion Report BUDGET CATEGORY I8j:LAND PURCHASE/EASEMENT TASK 41 LAND PURCHASE(INoTAPPLICAISLE) Land purchases are not required tar this project. SUDGET CATEGORY IC).PLAN NINGIQESIGNJENGINEERING f ENVIR€}NMENTAL DOCUMENTATION TASK 5:FEASIBIL"Sir=E5 Preparation of the Wellhead Treatment Strategy&Preliminary resign,which is used as the basis of design for the project, Oeliverables: ❑ Wellhead Treatment Strategy and Preliminary benign Final Report(January 2013) TASK 6:CCQA Docum EedTATION Perform efforts necessary to complete and file an Init ial5tudyfMitigated Negative DeelaFat ion(IS/MND)for the project in accordanre with State and Local CEQA guidelines.This task will also include the preparatlon of a Nolice of PFepa ration,Filing a M tice of Determination with State Clearinghouse [including req uott is distribut*tribal notification to the California Native HerltageComrnl$$ton}and preparation of a letter stating no legal chalienges(or addressing legal challenges). Deliverables: Q Copy of Notice of Preparation ® Fina IISIMND ❑ Copy of Notice of Determination d No Legal Challenges Letter TASK 7:PERMrMNG Perform efforts required, including bacterioiogicaI sampling,to obtain the State Water ResoLirtes Control Board ISWRCR)Water Supply Permit Amendment. Additional permits may be required and will be obtained as necessary. Deliverables: J Amended COPH Water Supply Permit :1 Bacteriological sampling data Grant Agreement No. 460M]1490 Fuge f4[OJ60 TAstt S.DESIGN Preparation of 50%,90%and Final Design Docurnents adequate for competitive blddIng and construalcin of the project.This task includes: ■ Develop Pilot filter Study Report confirming the basis of design and design criteria through pilot testing of the proposed treatment process(small scale test) • Performing design analysis and calculations ■ Preparation of standard specifications ■ Surveying and geotechnical investigation ■ Preparation of plans including applicable general,civil,mechanita1,geotechnical,structural,electrical and standard detail design sheets ■ Preparation of construction cost estimates ■ fleviewandapproval ofthe design documents + Final sign-off on Plans and Specifications Deliverables- 0 (Pilot Finer Study Report 0 Final design plans and specifications for the RCWD"Iellhead Treatment Facilities—Well 102 0 Construction Cost Estimate TISK 9.PROJEcr MONITORING PLAN Develop and submit a Project t+ on4toring Plan- Tong with the Project Performance h+leasum Table provided by DWR Project Manager,the Project Monitoring Plan(as described in Exhibit,J)will Include baseline corldltions,a brief discussion of monitoring systems to be used,methodology of monitoring,frequency of monitoring,and location of monitoring points. Deliverables: I Project Monitoring Flan BUDGET CATEGORY(d};CONSTRUCTION/IMPLEMEDNTATiON TASK 10.ComkAL[T Sm%ncmS Activities necessary to secure a ccntraetor and award the contract include:develop bid documents,prepare advertisement and contract documents for construction contract bidding,conduct pre-bid meeting,bid opening and evaluation,sielection of the contractor,award of contract,and issuance of notice to proceed. VeRverablesr. C- Old Documents G Proof of Advertisement ❑ Award of Contract U Notice to Proceed TAsll 11;CoNsTRucTION ADMINISTRATION DVersee contra rtor'swork;submittal routing,review,and response;answering re quests for information;issuing work directive.5;and startup/te5tIng activities-A full-time Construction InSpecwr will be onsite for the duration of the project and Is supported by the Construction Contracts Poanager and Engineering Project Manager.Iputles of the construction Inspector include-documentingof pre-construction conditions,observingtGn0ruction activiti*r,and -28- Grant Agrgcorw No.4600011490 Page I5of 60 documenting daily Construction activities.duties of the Construction Contracts Manager and/or Engineering project Manager include,evaluating{prep aring change order,addressing questions of contractors an site: Ireviewinglupdating project schedule;revaluating submittals and pay requests;and notifying contractor If work is not acceptable. Del-nrerai�les: Notice of Complcticiii TASX 12:COMSTaucrtt}NflrarrrMENTATl0r1 Construction for the project is broken out into the sui}tasks below. $46TAyx 12.1:MOIPLIZATIOr#AFiDSITE PgEPAFATION Mobllita#ion for the project,which includes moving the required equipment and materials onto the site in preparation for construction.This includes mobilization of trailers,staff and heavy equipment- This subtask also Includes the contractor's requirement to provide full bonding and insurance in accordance with the contract documents and applicable lo►ca I and state lav,,Upon Completion of all work the contractor will demobilize the construction equipment. SV6Tw5x 12-2:PnpaECTCONSMUCTION The construction of the new facility will indude the procurement and installation of the following: d, New well pump/motor assembly + 210 paund/day capaelty On-SIte Sod lum Hypoch I orlte.(NaOCl)generation and fried sysrprn fhr oxAAtinn of raw well water and disinfection of potable water prior to entry into the distribution system. * Three�O)American Society of Mechanical Engineers(ASHEN-rated pressure filters 12 duty.1 standby)with greensand or similar media for removal of Iron(Fe)and Manganese(Mn)for the raw well water.Each tank will be rated for a minirrmum treatment capacity of 500 gallons per minute. a Approximate 1t7t7,O0d gallon capacity bolted steel backwash settling tank with supernatant return systern for backwash recycling- * Approximate 30 lineal feet extcnyion pod Connection of the existing IV dilmetCr Well 101!discharge piping to the adjacent potable water distribution system pipeline_ Allassociated piping,varives,electrical,lostrumentatlon,control and site improvements for a fully operational iron and manganese wellhead treatment facility SuBTALK 12,3.PERFORMAr4cETESTING&DEMO(LlL12ATION Perform initial/final start-up andtesting phase of all facilities toensure each process unit is functioning properly and the system as a whole isope•rating in compliance with the SWRCR drinking water guidelines_ Deliverables: Engineer's Certification Photographic Documentation -29- GrawAgr,eearert?No •46OW11490 Page:16 of 60 PROJECT 2:WATER USF EFFICIENCY TURF REIVICIVAt PROJECT IMPLEMENTINGAGENCIES:Eastern Municipal Water(District(EMWD),Western Municipal Water district(WMWD),and RCWI) PROJECT DESCRIPTION:This project will provide rebates for the replacement of turf with water effici€nt landscaping throughout the rmtail.prvirO areas of FM'WO,WMWD,and RrWD In the Upper Santa Marga rata IRINM Region.The project will be regionally integrated with each local agencies'turf removal program to target Commercial/InstitutionalfHomeownerAssociation(HOA)€ustomer5.The projects goaIisto remove appro):i mately 464rop0 square feet(sf)of turf and replace with lower water demand landscaping,thereby reducing overall water demand by an estimated 61 AI=Y.The project is expected to be available to a minimum of eight sites and maximum of IDD sites,depending on the site of each site. BUDGET CATEGORY(A):0IRECT PROJECT ADMINISTRATION TASK 2:PROJECT MANAGEMENT This task includes€ompleticn of the grant appli€ation by a €onsultant,as well as EM WD's staff time to attend meetings and provide project materials for the development of the 2015 IftWM Implementation Grant Application. EM WD Wit rnanage the Water Use Efficiency Turf Removal Project in compliance with grant requirements,the local project sponsor agreement between RCWD and WMWO,overall project coordination, project management, communicatlon with project team,and project meetings,EMWD will prepare Involces Including relevant supporting documentation for submittal to DWRvia RCWD. MernoraInd urns of Understanding will be executed among EMWD,WMWD,and RCWD for implementation of the Project in each retail water service area_ Oefiverables: CJ EnvironrnentaI Information Farm(EIF) ❑ Financial Statements El Invoices ❑ Other Applicable Project Deliverables ❑ Memoramc!urns of Understanding Among Project Partners TASK 2:1JkODRCOMPtIANt.E PROGRAM EMWD,WMWID,and RCWD each have an active Lahr Compliarnre Program.compliant with the Department of Industrial Relations Prop 84 labor requirements,which well be followed far the project as part of this grant. Deliverab#es: ❑ Proof of Labor Compliance upon request TASK 3a REPt}RMG EIVIWD will prepare progress reports detailing work completed during reporting period as outlined in Exhibit 6 of this agreement. Submit reports to the Grantee for review aril inclusion in aprogress report to be submitted to DWR. Prepare Draft Project Completion Report and submit to DWR via the Grantee for DWR Project Manager's comment and review no later than 90 days after project completion, Prepare!Final Report addressing DWR's comments,The report 5hall bu prapa red and pmented In accordance with tho provision of Exhibit G. Gram Agreefnenf PJn_46MO11494 Page 17 of 645 13eliverahles: LJ Project Progress Reports Ll draft Project Completion Report n Final ProjectComp let ion Report BUDGET CATEGORY(B):LAND PURCHASE/EASEMENT Tom 4:LAND Puwiw(NoT APPLICABLE) Land purchases are not required far this project_ BUDGET CATEGORY(Q: PLANNINGIDESIGN{ENGINEERINGf Ef4VIRONN ENTAL DOCUMENTATION TASK 5:FEAS19ILLTY STUDIES(NOT APPUCABLE) No Feasibility Studies were performed for this project as it expands upon a successful,on•going turf reWte ptogram_ Tom 5:CEQA OCCUMENTATIDN This task will include the preparation of a Notice of Exemption and preparation of a letter stating no legal challenges (or addressing legal challenges). Dellverahles: Notice of Exemption No Legal Challpngts Letter TASK 7:PERMITTING I NoT APPLICABLE,) No pt:rntlts ere required for this project_ TASK 8:DESIGN(NaT APPLICABLE) Uesieri documents will not be produced forth is project. TAsx 9:PRDJELT MCHirraRING PLAN Oeuelopand submit a Project Monitoring Plan. Along with the Project Performance MeawresTable provided by DVlrlt Project Manager,the Project Monitoeing Plan(as described in Exhltlik J)will Include baseline conditions,a brief da5cus5ion of moniturinng systems to be used,methodology of monitoring,frequency of monitcrung,and location of monitoring points. Deliverables: Project Monitoring Plan BUDGET CATEGORY(D}:CONSTRUCTIOWIMPLEMENTA1I1QN TASK 14:C-ONirRKT SERVICES(Nor APPLICABLE) Contract services are not required for this project. TA41c 11:Cot4sTRucTich ADMINISrRAWN IN 1TAPPL1U69LEI ConStrllction administration is not required fpr this project. -31- Grant AgrmmerrfNo.46i14t i WO Page 18 of 60 TASK 12:CaNSTRUCTION/1 MPLEMENTAT40r1 Implementation for the proleft Is broken out into the subtaAs below- SU&TASK 12.1.OUTREACH AND MAAKEP NO EMWId,WMWD,and RCWD will each develop project outrea€harid marketing materials to pro mole the project. Marketing materials on hand from an existing turf rebate program will be modified to use for this project.These will be printed by each EMWL),WMVVD and RCWO tortheir respertrve reta0water servlceareas. SvaTam 12.2.TURF f tawts IMPLEMENTATION The project provides for a$2-DOVsquare foot(sf)turf removal rebate.Participants of the turf removal program are required to replace the turf with a drought tolerant landscape-Participant contributions are not accounted for in the budget,therefore,riot eligible for reimbursement or funding match. EMWD and WMW"D customers will,applyfor the rebate program through an application process,which includes pre- and post-photographs of the area and the use of aerial imagery where available to verify the area of turf removal, material receipts,and,in some situations,inspections by Ehrl'r!V'D or WMW D staff. RCWD customers will apply for the rebate program through a Grant Opportunity Announcerraent(request for proposals)process,which will include submission of a detailed proposal.A team of RCWD staff will review and select the sites that will participate in the rebate program.The process will!then also include pre-and post-photographs of the area and the use of aerial imagery where available to verify the area of turf removal,material receipts,and in some situations,inspections by RCWD Staff_ Staff at each water district will process their customer applications for turf rebates following review and approval, and submit the rebate payment to their tustorner.The total project amount available for turf to bares Is$429,049_ Of this amount,$483,628 is from grant funds allocated as follows;RCWD S4%,t:ItiAWD 42%and WMWt7 5%,based on potential retail area capacity of targeted CommerciaIII nstitutionalfHOAcuskorners,The balance is cost share provided through a combination cf EMWDr WMW❑and RCWD in-kind work,turf removal rebate,and prior rvlctropclitan Water Distria Qf Southern California(M WOSC)SvCal Water$mart program rebates.While the$1-00/5f rebate offered by NWDSC has been exhausted,the portion of the MWt75C rebates after January 1, 2011 and before January 17,7414 will se rue as a portion of the project's cost share. Deliuerahles: F1 Outreach and Marketing materials ❑ Pre-and post-turf removal applications 0 Turf removal completion forms -32- 6''remy Agreemew Xv 460001 1 4 40 Perge 19 of 50 PROJECT 3:EXPANDED RECYCLED WATER AND PLANT CONVERSION PROJECT IN14-u M€NTING AGENCY:RCWD and City of Temecula(City) PROJECT DESCRIPTION,The project consists of the following activities: • Connection of the nine converted irrigation systems to RCWV5 recycled water mainline Converslon of nine exist Ing potable-water imp lora sy5tems to efficient Systems capable of and approved for distributing recycled water,which will include the installation of purple pipe equipment and correction of system inefficiencies such as broken equipment. • Replacement of exlsting high water use piant materials at two of the nine sites with drought tolerant and aesthetically pleasing plant materials_ This project will reduce imported potable water demand through increased recycled water use by approximately SO AFY, while decreasing energy consumption by approximately 112,017 kilowatt hourgyear(KWhfyr),and implementing a public education element. BUDGET CATEGORY(Al-DIRECT PROJECT ADMINISTRATION Tack t-PrinlFr'i Mamkr i,uprur Subtask 1.1.This task includes completion of the grant application Iry a€ nsultant,as wctl as RC,.VD's staff time to attend meetings and provide project materials for the develpprneril of the 2015 IRrAWM Implementation Grant Applicatlon.RCWD will manage the Expanded Recycled Water and Plant Conversion Project in compliance with grant requirements,overall project coordination,project management,communicabion with project team.and project meetings. RCWD will prepare invoices including relevant supporting documentation for submittal to OWR. Subtasks 1.2-The Regional Water Management Group,authorized RCWD to act as the applicant and the grant: manager for the Proposition 84 2015 IRWM Implementation Grant. RCWD will administer these funds and respond to MR°s reporting and compliance requirements associated with thegrantadministration.RCWD will act in a coordination role:disseminating grant compliance information to the project managers responsible for implementing the projects contained in this agreement,obtaining and retaining evidence of cOmpllance[e-g..CECIA/hIEPA documents,reports,monitoring compliance documents„labor requirements,etc.1,obtaining data for progress reports from individual project managets,assembling and submitting progress reports to the State,and coordinating all invoicing and payment of invokes. RCWD will be responsible for compiling irwflices for submittal to DW R as Grantee. This includes collecting invoke documentation from each of the project proponents and compiling the information into a DWR Invoice'Packet. Deliverables: U Environmental Information Form(EIF) ❑ Fin ancial'Statements F1 Project Invoices F1 Other Applicable Project Deliverables ❑ DWR Invoices and associated backup documentation -33- Grant rigreerhehe No.460M ;490 Page 20 o/'60 TASK 2:WiDR COMPLIANCE PRMFtAM RCWD has an active Labor Compliance Program in place approved by California's Department of Industrial Relations In September 2012.Labor Compliance Providers,LLC(LCP)wlII provide services to implement the tabor Compliance program thraug h ou t the const ruction phase of the project- RCWD will verify that labor compliance,as defined by the California Labor Code requirements,is met f€r project construction activlties at HOA conversion sites.Each site will hire a cont rector to perform the installation and Constructicn work and will he requlred to hire contractors who can provide proof of Iabor compliance-PCWD staff will systematically request and verify each contractoes proof of labor compliance. Deliverables: Fl Proof of Labor Compliance upon request TASK 3:RfPomr%G Subtask 3.1.RCWD will prepare progress reports detailing work completed during reporting period as outlined in Exhibit G of this agreement. Report will be included in a progress report to he submitted to DWR. Prepare Draft Project Cornpletlon Report and submit to DWR via the Grantee for DWR Project Manager's comment and review rho later than 94 days after project completion. Prepare Final Report addressing I)WWs comments.The report shall be prepared and presented in accordance with the provision of Exhibit G. 50atask 3 2,RCWID will res porLd to DW R's repurting and rpm pliance requirer'nertts assv6d with the grant administration and will coordinate with the project managers responsible far implementing the projects contained in this agreement. RCWD,as Grantee,will be responsible for compiling progress reports for submittal to DWR.RCWD will€oordinate with project proponent staff to retain consultants as needed to prepare and submit,Progress Reports and Final Project Ccmpletion Reports for each project,as we 11 as the Grant Ccrrlpletipn.Reports- Reports will meet genera llyaccepled professio na I sta ndards for technical reporting and the requirements terms of the contract with DWR outlined in Exhibit G of this agreement.For exarnple,Progress Reports will explain the status of thre project and will include the following information;summary of the work completed for the project during the reporting period;activities and milestones achieved;and accomplishments and any problems encountered in the performance of work.Project Completion Reports will include:documentation of actual work done,changes and amendments to each project,a final schedule showing actual progress versus planned progress,and c€rpies of final documents and reports generated duringthe project_ Dallverwes: L Project Progress Reports L. Draft Protect Completion Report ❑ Final Pr€rjcct Completion Report L.I DWR Draitand Final Orant Completion Report BUDGET CATEGORY(B):LAND PURCHASE/EALSEMENT TASK 4:LAND PURCHASE INOT APPUCAiBLEj Land purchases are not required for this project, -34- Ornnr�lgXeemerP Nv 4600(711490 Page 21 of 60 BUDGET CATEGORY(Cj.PLANNING/DESIGNf ENGINE€KING/ENVIROMMENTAL DOCUMENTATICIN TASK S:FEASIBILIry STUDIES(NOT APPLICABLE) Feasibility studies were not required for this project. TASK 6:CEQA DOCUMENTATION RCWD will review cath project site in the context of meeting CELLA requirementsernd will complete the netesse,ry CEQA documentation. RCWD expects the project to be categorically exempt.HDA sites and City-[wined sites will each be required to file a Notice of Exemptlon(NOE)to the County of Riverside.The paperwork uviII tie cornpiled by RCWD staff_A NOE will be filed for each conversion.site,totaling nine NOE 5.A letter stating no legal challenges(or addressing legal challenges will also be prepared for each site. OeHverables. C Notices of Exemption for each conversion site n No Leal Challenges Letter for each conversion site TA5K7 PERMITFIN6 Permits required for the project include Encroachment Permits from the City of Temecula for each site, The Encroachment Pe rm it wil I a I low wo rk to be constructed on private or City property_Encroachment permits will be collected by the chosen contractor after design has been oornpleted and before ranstructlon bt gins_ Additional permits may be required and will be obtained as necessary. DelWerables: C Encroachment permits TASK S.DESIGN Landscape irrigation retrofit plans will be developed by a Landscape Architect,hired as part of the project for the HIDA sites and the City sites.The retrofit design sites will be reviewed and approved by RCWD- A site conversion cost estimate has been prepared to identify the conversion sites and their cost estimates for conversion.The site conversion cast estimates are used to determine the potential cost to convert a site to recycled water and replace high water demand plants with low water demand plants as part of this project. Deliverables: ❑ Final Design plans ❑ 51teConversion Cost Estimates TAM$:PRUJWF MONITORING PLAN RCWDvrilldevelop and submit a Project Monitoring Plan. Along with the Project performance Measures Table provided by DWR Project MariaBer,the Project Monitoring Plan(ai 496Crlgild In Ea hibit J)wlII in-Chide a discussion of the baseline water use consumed in 2014,a brief discussion of rrianttoririg the flew recycled water meters on a Monthly basis,and oamlparim q on the actual water savings achieved.Using the water consumption will assist in determining Che associated energy savings from reduced imported water use. Del"rables- n Project Monitoring Plan _33- Grant Agmmevot No,46MOI1490 'age 22*164 BUDGET CATEGORY(D):CQN$TRL I1CT10NJIMPI,EFAENTATION TASK 10:CONIFCACr SERVICES RCWD will execute MPUs between each HOA and RCWD,as well as between the City of Temecula and RCWD,to establish the responsibility of each sites'property owner for contracting with a consultant to provide construction services fort be re-landscaping,irrigation system upgrades and conversion of the site from potable water to recycled watrr.Thr three HDA sites inrhAP•I a Sprpna HOA,Ranrhn 5wrrann HOA,and Pawn I)PI 5ni HOA. For the remaining six sites,(Temeku Hills Dew 5186&S18Hr Winchester Creek Dew S02A,Presley Dev 5131),Presley Dew SIX,Crown Hill Dev 520KM,the City of Temecula wilh advertise in local periodicals a Notice Inviting Bids(NIB)for the procurement of contracting services,The MIB,along with,any engineering plans and project specifications,will be made available through the City's on-line electronic bidding system,PlanetBids_A minimum ofthree weeks will be provided for contractors to respond to the bid solicitation.A bid opening date will be part of the NIB and all forma blas properly submitted via the on-line PIarietMs system wdl be reviewed.The City will proceed with the award processth rough City Countilaction,to award a construction contract to the lowest responsive bidder. Deliverables: U MOU between RCWD and each site's property owner U MOU between RCWD and CiryofTemecula ❑ Sid Documents for each site—City sites only n Proof of Advertisements—City situs only 0 Award of Contract for each site—City sites only U Notice to Proceed for each site—City sites onhf TASK 11:L:DNSTF1UCn0M ADM LSTRATION RCWD will provide project construction owers.ight for each site,as well as inspections to ensure that each retrofit construction is being performed according tocode Deliverables: 0 Notice of Completion—City sites only n Site Inspectlon Reports TASK 12:CDNSTRucn0N{l@APLEMENTATI0N Construction and implementation of the project is broken out into the subtasks below.The nine sites consist of:Temeku Hills Deveiapment 51815&518H,Tem eku Hills Development 518A&5188,Winchester Creek Development S02A,Presley Deve lopment S13D,Presley DeveloplmentS13C,Crowne H 11 Dewe lop ment 520K,Rancho Serrano Horne Owners Assoclailnn(HOA),La Serena HOA,and Paseo.Del Sol HOWL. SUSTASK 12.1:MOBILIZATION&SITE PREPARaegtpn WWI to convert 2pproxim3tely997,559squarefeet ofirrigatedlandscape ata total of rime sites to recycled water irridati0M1r as well as prepare sites for plant conversion.Two sites will remove an estimated 53,514 square feet of turf through application of herbicides. SUSTASK 12.2:PROJECTCONsTRucriON Project construction at the two HIDA sites with plant material conversion will Include the foliewing components: -36- Gram 4gremene hrn.460001/440 Page 23 of 60 Install New Dria Irrigation m An efficient drip irrigation system.will be installed in t#ie areas where turf was removed,approximately 33,554 square feet,to accommodate new,low-waiter use shrub rmaterial$.Lateral lines and irrigation values will have recycled water distribution capabilities. Pra)eet construction at the two HDA sites with plant material conversion will include the#allowing components: Turf Removal Turf will be removed at the two sites using herbicide application- Approximately 53,$14 square Feet of turf will be removed. fumigation Systern Conversion The two potable-water irrigation systems will be converted to efficient systems capable of and approved for distributing recycled water,which will include the InstaIla tion ofpurple pipe equipment and correction of system inelficlencies such as broken equipment. Specifically,this work will include: Ostoikrtl n of a INewLvip irrigofiort System An efficient drip irrigation system will be installed in the areas where turf was removed to atcommod atc new,low-water useshrubmate ria ls.Lateral lines and irrigation valves will have recycled wafer distribution capabilitles. Conversion of Existing Irrigation to High-Efficiency Nozzles In areas whe re essential turf is not removed a nd irrigation tneffieiencies.are found,irrigation heads wlI l be converted to high-efficiency nozzles and check valves to increase irrigation system performance.The nozzles wlII be Installed with head-to-head coverage to meet distribution uniformity standards.Lateral lines and irrigation valves will have recycled water distribution capabiiities. Install Plantings New drooight tolerant plarit5 will be installed In the areas whore the turf was removed and the drip system was installed. n nect Ire Igati.}n System to RCWD Recycled Water tine The newly converted irrigation systems will be connected to RCWD's existing recycled water distribution system.Sites will be inspected to ensure they meet state requirements pertaining to the standard specifications for recycled water irrigation systems-Sites will he prepped to be ready for conwersion to recycled water once hea It h a nd safety standards have been satisfied,New water meters will be acqu i red from RCWD to be used as the new recycled water meters, Pro)ect construction at the remaining seven sites Including Paseo Del Sol HADA and six City ofTemecula sites (Terneku Hills Dev S18G ge S18H,Winchester Creek Dev S02A,Presley Dev S13D,Presley Dev 5530,Crown Hill Dev 520K),will include the following components. Irri ation System Conversiop The tiso potable-water Irrigation systems will be converted to efficient systems capable of and approved for distributing recycled water,which will include the installation of purple pipe equipment and correction of system inefficiencies such as broken equipment. Specifically,this work will include: Connect Irrigation 5vstern to RCW*Recycled Water Line The newly converted irrigation systems will be connected to RCWD's existing recycled water distribution system.Sites will be inspected to ensure they meet state requirements pertaining to the standard Specifications for recycled water irrigation systems_Sites will be prepped to be ready for conversion to -37- GrawAgreementh'n. 4619001f490 Page 14 of 60 recycled water once health and safety standards have been satisfied New water meters will be acquired from RCWD to be used as the new recycled water meters. SVBTA5K 12-3=PERFORMANCE TESTING AND DEMOBILIZATION RCWD will perform the required Cross Connection Control 1estmg foreach site to ensu re that 811 work performed on the site is to code and that no cross connections exist between the irrigation systems and potable water systems_All equIpment wi11 b,2 r+emovQd from work sites. b�liuerables= 7-1 Photo Documentation D Engineer's Certification {wooerAgreement No-46000114190 Page 2�5 of 60 PROJECT 4: 114VERSIDE COUNTY PARKS TURF REDUCTION PROGRAM ImptemEwrIm AGENCY: Riverside County Regional Park and OF>eri Space District(Park and Open Space District) PRO1ECT DESCRI11rTIpN:The project consists of repla€.ing turfgrass at the Lake Sklnrier Park Area with drought tolerant plants and retrofitting the existing overhead irrigation system with drip Irrigation tri improve irrigation efficiency and reduce lost water thrryugh water runoff.This project will provide a water savings of approximately 5.3 AFY and habitat restoration of a pproximately 33 ac res. 5V DG ET CATEGORY(A):DIRECT PROJECT ADMIN ISTRAVON TASK 1:PROJECT MANAGEMENT This task Includes completion of the grant application by a consultant,as well as Park and Open Spate Cistrict staff tirne to attend meetings and provide Project rnaterials for the development of the 21715 IRI9i LI Implementation Grant Application. Park and Open Space District will manage the Turf Reduction Program in compliance with grant requirements,overall project 000rdIriation,project management,communication with project team,and project meetings. Nark and Open Space District will prepare irvvoi€es including relevant supporting documentation for su bmittal to D1NR via RCWD, Deliverables: 13 Environmental Irformitlon Foran(CIF) 0 Financial Statements 0 Invoices 0 other Applicable Project Deliverables TASK 2:LMOR COMPLIANCE PROGRAM The park and Open Space District will take a II measures necessary to ensure compliance with applicable California La bar Code requlrements, including,preparation and implementation of a labor compliance program or in€luding any payments to the Department of Industrial Relations under Labor Code Section 1771.3. Dellilverablm, . . Proof of LatrorCcmplian€e upon request TASK 3:REPORTING Prepare progress reports detailing work completed during reporting period as outlined in Exhibit G of this agreement, Submit reports to the Grantee for review and in€lusion in a Progress report to be submitted to DWR. Prepare Draft Project Completion Report and submit to DWR via the Grantee far DWR Project M2nageeS comment and review no later than 90 days after project completion. Prepare Firial Report addressing DWR's comments.The report shall be prepared and presented in accordance with the provision of Exhibit G. Deliverables; Project Progress Reports Draft and Final Project Completion Report -39- CiramAgmemeni No 4600011490 Page 26 of 60 SU DGET CATEGORY(B):LAND PURCHASE/EASEMENT TASK 4:LAND PURCHASE�N oir APPLICABLE) Land purchases are not required foe this project. 9 JEM-5ET CATEGORY JC);PLANNING/J)E51GNJENGiNEERING/ENVIRGNMENTAL DOC JMENTATION TASK 5:FEASIemirr STUDIES INcrrAPPu€ABLc) No feasibility Studies were performed for this project. TASK 6:CEQA DocumENTA:rmia Complete the CECW Environmental documentation for the project;prepare and submit a Notice of Exemption¢NOF} and a letter sxaLing no legal challenges(or addressing legal ch aIleriges). Deliverahlest Ll Notice of Exemption ❑ No Legal Challenges Letter TALsK 7;PEnmrmoic[HOTAppucmirj Perrtiits are nut required for this prrajeet. TASK 8i Deslii3w Landscape architect will design landscape plans with associated specifications_The plans will be reviewed and approved by the Park and Open Space District prior to the Start of"project. Deliverables: G Final Design Plans and Specifications TASKS:PnarrcrMorriroRiNG PLAN The Park and Open Spaoe District will prepare a Project Monitoring Plan.Along with the Project Performance Measures Table provided by DWR Project Manager,the Project Monitoring Plan(as described in ExhibitJ1todiscuss the baseline watert,se consumed prior to the conversion of turf and retrofit of the Irrigation system,and baseline turf area converted to native habitat and describe the tools to be used to monitor and measure the benefits of this Project.The park and Open Space District will submit the Project Monitoring Plan to RCWD for review and submittal to DWF. ReRverables: Project Monitoring Plan BUDGET CATEGORY(D):CONSTRUCTION/IMPLEMENTATION TASK 10.COrrrRACT SERVICES Develop a statement of work and produce a bid advertisement for pnequaIificatio5 of construction contractors,The short llst will be asked to perform construction bidding and attend a pre-bid€ontraetom meeting_Evaluate bids and award a Contract to perform the work in accordance with public contract codes_ C�jranl Agreemenr No.dGtFilaa l F490 Pages 27 of 60 Deliverables: 0 Bid Documents ❑ Proof of AdvertEsement n Award of Contract IJ Notice to Proceeds TASK 11;CONSTRUCTION AbMINLSTRAnoN Oversee the construction administration of the project via an Area Manager currently employed by the Park and Open Space District,The Area Manager will organize and attend Progress Meetings with the Park ganger Supervisor and construction contractor repres€ntative_ Delirrerables; Notice of Completion TAsx1Z:CdNST1RuciPoN/IMP1EM1 TAfl0N The areas at Lake Skinner Park where turfgrasr,wIll be replaced and Irrigation will be retrofitted include,Kiosk Properr KipSkTeiarlgle,Camp Stone;Campground A,Campground 6,Campground C.Construction and implementation for the project is broken out into the subias ks below, SUIiTASK 12.1:MOBILIZATION&51TE PREPARATION RemlovaI of existing turfat each location wi11 be performed manually by the contractor.Mobilization will include placement of necessary heavy e qu i pment,such as bobcats,to remove the turf layer. SU6TASK 12.2;PnOJECT CONSTRU MON The fallowing construction will take place at each of the sites: * Retrofitting of irrigation systems to drip irrigation. + Installation of draught tolerant native plants and trees: • Installation of permeable ground cover such as mulch,wood chips,or river rock_ Creatlon and installation of interpretive sigrlsldisplays. Site ,Area(Acres) Turf Replacement KioskPrq.er O} 4 Native plant5 and grwndcover Kiosk Triangle 0.09 River Rock Camp Store 0.2 Native plants and ground cover Campground A 0.6 Native trees and ground cover(wood mul-ch) Campground B 2 _ Native trees and grc_und cover wood mulch) Campground C f}.7 Native trees and raundtlsver{wand mulch) SuwrMK 12.3:P'i1Rr9RMAHGi TL61nNQ$ DiMUSILIZAnGN Performance testing and demobilization wilk include Inspections and performance testing of newly retrofitted irrigation systems,as well as removal of al I necessary heavy equipment used to perfarnt the work. D rnmrables: Photo Documentation -41- G'ramAgreernreff Na.466M11490 Page 28 of 60 E34t1'w B BuC,GEY SUMMARY BUDGET Cost Share:Nan- Prxrject i-4Yel1h—d TreM—t Fatalities-9WeN1102 $1,201,121 11,295.656 SJ,laf,wml Sa�,n3i,�+t12L(rA Project 2-Water Use Efffclenef Turf Remaxal Project $500= $275,246 SZD7,777 5983)023 2M Projerl 3.Ezpaat 44 Kvcpd*d Wfrlif S7MW 5251$-,283 $o $3A0475,.2B3 25,.+4% and Plant C6nwfs1&nNoject Project 4-Riverside Counly Turf Re Iacernem Prderi 53f 51170j•211 so $4019,211 Z6.7% Grand Total I 52,754,131I 51,935,3Itd 52x335,3147 . ST,1D1nA" 2T�B7f PROJECT 1—WEiLREAD TAP ATMENT FACILITIES—WELL 102 �.;font Amount,�Iate Fund Source Cdel Share �a Mod Pe w + h+iniilra7!on S14Sa?, b) Land PurLIsaG4r Gasprrents SID 5U 0 5Q {cM Planning{design!Engineering/ S4 5193,046 $899,812 $685,$7$ Erivtronftleni al 06cuiriftli ration _{d Carstructi6 Im lementati6n $i ICJ4,171 $'LJ�BA,95T $1,596003 53 994 315 'fUTAL 51,24it,121 $1,295,658 $2,127,570 $A,627,348 PROJE.CT2—WATER USE EFFICIENCY TURF REMOVALPROjEE r Ncon- 15udge I category Grunt Amount 51ale Fund 5ourre Tol�:l CuEl r dlf�el I5F4*0 Mrninislral ip _ _ $14.324 113.+119 $24,183 $'17326 6) Land Purdhasel Easements $+B $0 50 $0 1c) Planning/Design/Engineering// Irl En4lr5nmenta11 Ik,cume rotation Idl CmatwcUmfirnoemertration $4113,638 526IA21 Sl 594 $929049 TMA11 55013,004 $275,246 $207,777 $N3A23 PRODECT 3—EXPANIDEDRECYCLEDWATER.ANDPLAN TCilWhHSI 0NPwnhCr COSI!Share:Non- Addlfiortal r (Funding Akolch) a Dirgtr Pru" t Acl+r Wstration 510,101 SA4,:366 SOSSW ib) Ianld Furrha!&I Easements 5a _ _5G $0 ra {cl, Planning/Design/Engineering/ $37,150 - -— $105,202 $0 5132,351' F nvirrmirnnital INXLimrtm al inn rl Carstructionj Im lemematioi 5112,f49 5105,71-5 $0 5818,415A TOTAL $750,000 5255,283 $0 $.1A0,283 -42- Gram Agreemew]Vo.46400!1490 Page 29 0}'60 PROJEt14—RIVE R51DECOUNTV IURf REPLACEh9ENTPRUlECT Cost Sti4pre:Non- 510116 Fund sotiv!e Additional i 10101 COS' (Funding Moich) cod sharL� i} Ulrecl Pro eCL Administration $U $42,21b 50 $47,016 (bj land Pachasel EasemenLs so SID $0_ {c) PlannlfW Design/F n6neetInSt ErwY rcmownel 0a wma ntaUun x15,447 $7].733 So 537,2-00 _JdL Cnnstruelan/lm IFmenlarion 5284,993 $44,762 $0 $324755 TW LL Om $109,211 D a4M,211 \ I -43- Gram Agreemerir No.46WO11490 Page 31 of f 60 PVJWWY 1-WELLw-w TREATmENT kaunFs-wat iax Task rwne Foo mart A—d Cate —_. 1113115 VIVI6 i 7cpFV[a]Glrect Pau]ect AdminisVanimt fi13115 Ifum Task 1:"..t M-.I--t 519115 11131.111 Meeting m,nules 1711WI5 9149117 fsenetale and 5ubmr1 Giant DINA IrwKes 1213 V15 1131/16 Suhmn 5uppomna Praleet 3>El.mables 10 D4kp. 11131115 ]MVIR 1 Grant Appscaton Pleparat.tA 56r3115 WAS Tagk 9;wwf complenpA proonm IIIIJI6 7],01 IT an Aatw Cwpice",am nnanate,r�ent 111i/i6 111(113{37 Tatsk3:MpprVsa IV31119 1f" I proleut Prag+rss kaPixSs �32131119 I137f1B Wab 4ruleet C—plenon Report 31/1/17 11/atr FWM PrrleCl COlPpletiM f POI 11111771 pN 111177app 441 land Funb AjEase+neril Task 4!Lame]ftfclMi* N.Apptohlr: €ate6rarr it 1 Plwini es 1plEne—eri*Ermlmnmenftl VVIZ 70117117 AYerRdtOA Task.1:Fe>aWity 3tudlcs 4/3112 1f3f13 I Wellhead Traain,enl St,.I ty and Pheimirvay d frYt A11{77 V3113 Final Rvpai \\ !! Task,;CUA D—ri¢ntatim 30f03 3033116 I NAND wIft3 313114 Filed No1icE of Doeirminawn 113114 313115 i Prggf of Fesng of l31Mw9 14th Statrea Cleaa+r$IWriFf 313}14 31Vf14 I fdt tip tt$al ch llaissea trttw 913!16 jC01fla Task T;Peamietirig IIJI 6 11N1VP BacirnC43gK31 5amising 1711{16 7137117 Amended COiPH Wme,Supply Permn 11111.15 110{1.2(17 Ta,ckp'Delp, 517113 ifMAS IPrgact Drips $13173 BI31135 Feal 16syia Dp-;4 prrta 61°01115 MIS Task I:Pedle,a PWOMAs5a►ianleeA%Plrr WIHs wirvis VINKt P&I rrn&Ate Memwirt P9sn 911.115 111RVIS legory lit]cwMRArtlMAlFtlll4TM11 IfM _917175 1LIIW37 taKk 10.[pr V;a S4r+m 913136 tuXIIII6 Ont CgKvmpnts 9AW 6nCV15 Ormif ut Adwertnemcrit 711AS !,Awls Pre-0d Wnlrattofs nieehne 911114 617115 j ""t-on of pps 911.114 1011!3116 Awxa conlracl 16113136 10113114 Noon"tp PrxOFd ID 2wlG lgp7f1$ Task iii Gm9btaetkwi.AdminlsaniW 4/71/11 11110117 NtAltetr{annralelasn 111341/7 11130117 Ta X 17=sankrLPc%W lAWlwwtatIQn WVIG 1111W 7 3uWwAl2.1:Mabilimlian i VLe Pnpan irn 13f1,136 1111af3T 411rbsk 11.1:Pirolert rnnstrurbpn 1P2l14 10111}17 Sulawk 12.3;Pe.Wt. Tes inl d Oerriahilitaliran HAA7 11/10117 Ihoj ens Oentkavtn _.—.-.— I3117 —..111#0117 pi,rnopap rwc OpGum{nrillry� 7137 11134+77 -45- Grant Agr mewrNNo. 460r74t#F9t7 Page 37 of oo PRpxcT 2-WATER USE EFFIOEKY TURF REMUVAL PROJECT i*Nmim K AWard[late Vifed l/IEVIS °WNrIJ 11181ia ... (e)Direct Prayed Adrninist Limn --� -Wtd 6/�f15 MOn 9 31J30 T iE Rrapcct MBrnpga�xAt l m. _ . T i iiiD/i0 f Y_ ---_ GrantAp�lWtil'JnPre�wr�tion _-,-_-�, �#d� jFrs.t�7Js3-_ _ _ Prajmf�ct Por rdinatlan .,3116_ i 513111+9 - - -Generateand SobmitGFwtOWRru,u un wed�f31]3 iFr�. 2Bjzo - S bsxat suvogrtir PraJeR Eleliverables to-LtiSAlli Ll Ve VMS Tssk�:leborCumplimsoePragrrem . .,.._�i3,/ff16 _ trri2{2b/2.1}--- _ 1i16w_jCompllanee Program ManaVmeM --- !Fri 71JV16 Tesx3lkporting _ _ _ nnorriof�/i�s b+ln„ �i�o -Quaax�rl�.Pro�eetPrn�ress.Aepor�s—LL----� �banx413/;6_ �*syl� f2t? 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'Sank S:Feapfh141Y±,Wdio4•f#��i0P4 Task#aiFgll faauim�errlrtlms I14fb1L6 �317'!'1� 11r�ic„Stas ftr[E44 R&qukemtnt* 1af3�fib :11/it)/16 Re rallu ie of erempNec 1FF7115 ;11�f116 FT+1ip4ut+Ictgttceig"lydtwr ;�f�fF11# '!W?/N iaak 3:Perm1111r� Obtaln€QYofTemecillafrworoadimmYi'ermks 1if31J1# �f3lllt pmyr WaYcr9Gr#tick Mm rFees 7,f U27 witjl7 -47- Grant Agreemeru A*-46NO 11490 Page 34 of b{1 YWA tgsnp 3tut ilrrrsl� TWA b;Dimign As 4111111 Project Site I&ntificafion a i Sim CmrrrdlGn Ce St Ef15f13 EatGr'�ea Review and Approve Design Plans it"fis 713V17 Find DofgnAfans IV17117 s/1/17 i�9rfr*ctkrFmmmomMwil;e Pba L1/7)19 316rf17 Pmlod Parformanu Monitoring MM iW116 3/8/17 fatelFary(d�Cans>tu n/lmpfeme uar 9/1M OWN TaA IW QMMtt Sl wM - 11/1116 M UR[4im8pdeachiMS'p,rnpertyoivner /1f16 1/11 MdU R[WD and City of Temecula 9/1116 9131/16 — Emacul*cum enbetwQ"the fiO sAMObocnhhze%W1Js6--- 11/1/15 aty of femmda Bid Documents and froof aF 91ills 9130/16 Advertisennent OY1of7*merrdrWhYruclimAWtemcnl___._ !0/i fS6 dllifll. i bk Zi:CancruvuionAdsrinlsballoe_�_.__...__-- 7 - OWN Prry�tei[ernstrutii3oflrerill;lel 9/5/17 S4p'5(L9 Pealed lrtspec#ldn — —— 190/17 1015149 Titkl�:ComtklWl{ipY4tp�lttitlhouf Awymb iZS:m6bYhatim a Slim the�ratlae gi m7 Iwvt7 Tuff RemovmlA Tient Refdaterxeiit 9/567 !3016/17 - Subtailr 17,2;Prolm CongruCtlon'-- -- 118^9/17— '914/38 Irrfga1 MSY31en5 Rrtroi:t 6 Connection to SmVEfed�1lM17 .4f4/16 Wrter Main �- _ Suirtas*ti3;PerfunwrccTestlrtR�t1lRratrd itfon 12/#117 F7 #/19 __ [ras+IConn�#I:ali[+atrtyo0fi�71Ine��nU1+aCNartiWrl1F �1Ft+ill0} i0mou Agreememf No.4640011490 Page 35 of 60 PR'4J ECT 4—RIVERSIDE C4UWTY TURF PePLKEmENT PROJECT �Il#Ipe mY 4MF iu►7 slssfsP cwsa 3lSRf11 - eyorl�slo�Yeea'ujeelslma�irnwa -wea sf3lu Fri 6{14'77 Ta�LPt�t11 iF1FeY4e11eet2 .Web 6H115fn 9131/l7 q�q ippF�el7km pq��igrt K'e,7 efk�17 Fri iFifs7 Ae.1r4ele nitllrmsJF9ruiL IdW RYS1YJ .. _ .o 7fws1._ -Cliff I sldifTt ltli'i/fe�#Yey3 ae7ncaSkrlo 4�R r+.}Rf1i r�ti�ygi`..., �.7amuowum�ulerm -.frlllllss aJlJ57 wa�swlucoirFua�mntpicwftwandieunlpivlrs Fti7,fliii Yf-lInAl 7i�e.7C •---. ^-T � i�risjl%ei._.,,id.sl��fi�' �1aMRe� ►'RRRR 1M7d`Js� 1�14� Purmm.:1[exetem _ _ _ ... _ __ _- _.. r •. _ — __ L..d Fur—P a1 appd,etm �F��e��� n%n6fLMiFOiIGi1W 6Qiptl�lOSi1i910 Ifli3flf74 � Y %�.6_SCYitucvmRnuten - fApe�eyfii fl6if�lri Ibfiaf 1hEi dhQQA R#".+-4, Iim'imi R Rte rlxictw Eicn7fan hiss... '�1d;1/lM1 Twit?i;yrngrl I!#404 --itis trrejorti�lteiies ion - "pimhfai shwaiAfsi-- TY+r lare.l��s.rrlal ' .. . .. Wen if;Affic '�eds3J�Yf�i --_i;7oai�cerf�epirreursii��trbat�i- wry ae�+�Jp1d! - ►:etili�a�tltred 3y Yt .Ast K(iAl hsxlffii Eaflgp�eset�[F No DIM* r cm3fisfiI •�aaryrys 9k Tre Pf74rf15 Medvkhs 68116 1rO ltifl64�derl�ln�pla Iles 4sfic }4i ssfu�fse ►� eisdo111tl�oia novm,-jrt - - - 'um#Aft.& _ rd 14171 La .. 1Lt(t11/1E r#fi '- ld41sA s71 M/EIW 1deF�i s'olr hpindos .. .. .qt%Wo _. WWI$ . rYrrilLTVeti' IIRliTifi* � _..—.. _ E41rds>.fx.7_etiojeu€.em�tnicbn Irl ellwu ssllw Rr�`7maR5llor.ot'+kvp,`.R.Fr:91ftip+fQ aSiWnr.FM£n p1WiE 6rA Rait4 IYfi f�jrJl I G1i�il�li a5h73f prnot.O.-d—PO WPJ Me LFA sigltFil. 4Fl 4V2ffN:e C9pripa � I _ � I ti�4hra slJ`►ar79i1iMa�f`4sn1o4MtrMll7r �f9s sa,,fil�u A'f7isx{7ofts wR�asiir.'vn � ss{sf1# yailajae�f,s ;+ .cusna n7 irmmi: -49- Gmw Agreement No. 460MJ 1490 Fug¢36 of 60 EXHIBIT D STANDARD CONDITIONS D-11 ACC OUNTIIMG AND DEPOSIT OF FUN DII Q 01$0URSEMENT- a) Separale ACC ounling of Funding Disbursemenis and Intefosl Records-Grantee shall account for the money disbursed puTsuont io this Grant Agreement separately from all other Grantee funds. raniee shell maintain pirdil and accpUntinq pror_edures Ihat are,In 7c CordanCLlwith geriarafy accepted accounting principles and practices,consislenlly applied.Grantee shall keep complete and accurate records of all receipts,disbursements,and interest earned an expenditures of sUCh funds.Grantee shalt require its contractors or subcontroclor3 to maintain looks,records,and olher documenis pertinent to their wok in accordance Adth generally accepted occounr Ing principles and practices.Records are subject to inspection by Si ale of any and all reasonable times. bj Fiscal Managerneni Systems and ACcovrlfirig Standards:The Grantee agrees that.at a mirvmum,its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level of expendiIure adequate to establish Ihot such funds have not been used in violation of state law or this grant Agreerneni. c} Disposilion of money Disbursed.All money disbursed pursuant to this ljront Agreement shall bre deposited:a dminisl ered.and accounied for pursuant to the provisions of applicable low- d) Remittance of UnexpendeCl Funds:Grantee shell remit to State any unexpended funds 11101' ere disbursed to Grantee under this Grant Agreement and were not used to pay fiigible Projecl Costs wiltin u ptniud of sixty X60) culL dcar duys Nur7i 11ie finul disbursein&-II fioi II Siule io Grurllee of funds or,within thirty(30)calendar days of the expiration of the Grorkt AgreerT mit.whichever comes first, D.2) ACKNOWLEDGEMENT OF CREDIT: Grantee shall include appropridie ocvrlowledgemenI of Credit f the Slate and to all cost-sharing partners for their support when promoting the Projects or using pny data and/or information developed under this Grani Agreement,During construction of each project. Grantee Shall instal'a sign at a prominent facolion,wNch shall include o stotement that the project is financed under the Safe Drinking water,water Quotiiy and Supply.Flood Control.River and Caostal P(Ofecticm bend Act of 2OUr OdMini3tered by;late or C4110MI .Department of V4'oter Resourrres. Granieeshall notify Slatethol the sign hos been erected by providing them with a sire map withihe sign local Ion noted Bind a p1Wogr[aph of the sign, D-3) At oR wAiER fQLWTIQN VIOLATION:Under Slate laws,the Grantee shall not be:I;1 j in viola9on of any order �r °c.sDlulion not subject to revieW promulgoled by the Stale Air Resources Board or an air pal'ut on control districl.{2j subject to cease and desist order not subject to review issued pursuant to §'?3A I of the Water Code for viola iion of waste discharge req u,rer enh or discharge prohibitions;qr(3I finally determined to be in violation of provisions of federal low relating to air or water poflutlon. DA) AMENDMENT.This Grant Agreement m oy be amended a I any time by mutual agreement of the Potties, except insofar as any proposed amendments are in any way contrary to applicoble law_Requests by the Grantee for amendments must be in wrilin9 Staling the arnendrreni request and the reason for the request,Slate shall have no obltgollon to agree to on amendment. D.5) AMERICANS WITH DISABILITIES ACT: By signing this Grant Agreement,Grantee assures Slate shat it compfes with the Americans with Disc bilif es Act(ADAJ of 1990. j42 U.S.C., 12101 ei seq.),which prohibits disc nmination on the basis of disabilily,as well as al16 pj5Iiw'-6bI,&(egulafiot)s 0hal guidLllir»S 'mue€i pursuant to the ADA. U,6) APPROVAL, This Agreement Is of no force or efrecl until signed by ail parties to the Agreement.Grantee MO-y rrr i submit Invoices or recelve payment until all required signatures hove been obtoined- D.7) AUT DITS:State reserves the right to conduCl an audit at any time between the execution of this Grant Agreement and the completion of Projects,with the cosrs of such audit borne by State.After comNeiion of the Projects,State may require Grantee to conduct a final oucliI to slate's speclfcatlons, at Graniee's expense,such audit to be Conciu[ted by and a report prepared by can independent -50- G'rarmAgreLmvrf Nva 466061149U Page 37 of 647 Certified Public Aceovnldnt,Failure or refusal by Gronice to comply with this provision shall be considered a breach of this Grant Agreement,and State may elect to pUMue any remecties provided in Paragraph 14 or take any otter action it de+vr'rts necessary to protect Its interrr5ts. Pursuant to Government Code§8546,7,the Grantee stacall be subjeal to the examination and audit by the Shots for a period of three year$after final payrnenl under this Gtont Agreement with respect to all matters connected with this Grant Agreement,including but not limited icy, the cost of adrnindstering Ihis Grant Agreement. All records of Grantee or its contractor or subcontroctors shall be preserved far this purpose for at least three J 3 years atter projecI completion or hnpl Milling,whichever comes 101er. D.8) JLUDGET CONTINGENCY;If the Budget hof of the current year covered under this firont Agreement does no apprapriale sufficieni funds for the Proposition Implementation Grant PFogrcim,this Gfont Agrei?meal shall beat n force and effect.This provision shall be construed as a Condition precedent to the obligation of Stole to make any poymenrs under this Grant Agreement_In this event,Stole shall hove no IiablPy Io pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement and Grantee stlali not be obligated 10 perform any provisions of Ibis Grant Agreement.IdoKrsg in Ibis Grant Agfeement shall be construed to provide Grantee with a right of priority For payment over any other Grantee,if funding for any fiscal year dfler the current year covered by this Grant.Agreement is reduced or deleted by the Budget Act for purposes of this program.State shall]have the option to either eoncel this Grant Agreement with no Gablily occurring to Siole,or offer o Grant Agreement arnandmenl to Groniee to reflect the reduced amount. D.9) CAU F RNIA CQNSISIMATION CORPS,las required in Water Code§7903;8fb),Grantee sho11 examine the feasibility of using the California Conservation Corps or community conservation corps to accomplish the habitat restoration,enhoncement and pfoteclion activities Iisled in the Exhibit A.Work flan,and shall use the services of one of these organixdtions whenever feasible. D,101 Activities funded under this Crani Agreement,regardless of funding source,must be in compliance with the California Environmental Quality ACI jCEQA] (Public Resources Code§21000 et seq.).Information on GEQA moy be toping at the following links; Environmental Information:http:}fresource5.ca.gov/cepa{ Califomia Stals Gleraringhaus&Handbaak. https:1Lr fw-opL,ca.govJdoCS/SCH_Handbook I2,odI D,11) CHILD SUPPORT COMPLIANCE AQ;For any Grant Agreement in excess of$100,000,the Grantee acknowledges ir's accordance with Publlc Contract Code§7110.that: a] The Grantee recognizes the importance of child and family support obligoffons and shall fully Comply with a I applicable state and federal laws relot;ng to child and family support enforccerrent, including,but not limited to,disclosure of information and compliance with earnings assignment orders,as provided in Chapter B(commencing with€§52001 of Pari 5 of Division 4 of the Family Code; and bJ The Grantee,to the best of its knowledge is fully complying wilh rhe earnings assignment orders of oll employees and is providing the names of all new employees to the New+Hire Registry molntolned by rhe California Employment Developm&N Department. D.121 CLAIMS DISPUTE:Any acloim that the Grantee may have regarding performance of this agreement including.but not limited lo,claims for additional compensation or extension of time,shall be submitted to the Slate's Project Manager,within thirty(30)coiandar days of the Grantee's knowledge of the claim.State and Grantee shall then ortempi to negotiate a resolution of such Claim and pfor-ess an amendment to this Agreement to implement the terms of any such reselulion. 0,13) rOMPETITIVE BIDDING AND PROCLIREMEM;-Grantee shall comply with cl applicable laws and fegUlatiors.s regarding securing competitive bids and undertaking competitive negotiations in Grantee's contracts with other entities for acquisition of goods and services and construction of pvWc works With funds provided by State under this Grant Agreement- -51- Gronf,Agmemenr Na.. 4600011490 Page 38 of 66 D-14) COMPUTE R SOFTWARE,.Grantee certifieslhal it hos appropriate systems and contrails in place to ensure that state funds wit nal be used in the performance sof this Grant Agreement fax this acquisition, operation,OF MQIFVenance of compuier software fn violation of copyrighl lows. 0,1$) CONFLICT OF INTEREST All participants are subject to Slate and Federal conflict of interest lags. Foilore to comply with these bows,including business and tinancla: disclosure provisions,w[Il result in the application being rejected and any subsequent con yracI being decilored void.Other legal action may+ Also be taken.Applic=able siatutesinc lude,but are nal limited IQ,Government Code,§1090 and Public Contract Code,§10410 and§14411,for State conflict of inlerest requirements, a) Current State E:mproyees:NO Starte officer of employee shall engage in arty employment,oClivily,or enterprise From which the officer or employee receives compensation or Ings a finonciorl fnteresi and which is spOnsofed or funded by any Stale agency.unless the employment,activity,Of enterprise is required as o condition of regular tate employment.No.Male otficerar employee shall contracl on his or her own behalf cis on independent contractor wish any State agency to provide goads or services. b) Farmer Stale Employees=For the tava-year period from the dale he or She left Stale empicynleni,no former State officer or employee may enter into a controcl in which he or she engaged in any of the ne lofiatiom,Ircrosactions,planning,arrangements,or any part of the decislon-making process relevant to the coniracl while employed in any capacity by any State agency.For the twelve- month period from the dale he or she teff Siale empkwment,no former Slate offlcer or employee may emer inro o conrroci with any Stale agency if he or she wos employed by thoi Stole cogency in a policy-making posirion in the some general subject area as the proposed contract within the twelve-month period prior to Iris of hCr Ica ving,tpie servR;e. C Employees of the Grantee:Employees of the Granlee shall comply wi ti all applicable previsions of low pertaining to conflicts of interest,including but not lirrliled to any applicable conflict of interest provisions of the Califarnia Political Reform Acl,Govemmeryt Code 87100 et seq. d) Empioyee5 and Corisulionis to the Gronree:Individuals working on behalf of a Grantee may be required by the Departmery lo file o Statement of Economic Inlerests(Fair Political Practices Commission Form 700)if if is der€sfrnined rhai can individual is a caxuullant for Political Reform Act purposes. D.16) DELIVERY OF INfOORMATIOSL REPORTS.AND DATA Grantee agrees to expeditiously provide throughout the term of this Grant agreement,such reports,data,information,and certifications as maybe reosonably required by State. 0-17) DISPOSITION OF EQUIPMENT:Grantee shall provide to Slate,riot tests ihon 30 calendar days prior to submissfon of the tinol involce.an ilemi¢ed inventory of equipment purchased with funds provided by State,The fnvenlory shall include all items wi+th o current estimated fair market value of more than $5,0DID.00 per ilem,Within 60 calendar days of receipt of such inventory State shall provide Grantee with a list of the items on the inventory that State will lake title lea-All other items shall become:the property of Grantee.State shall arrange for delivery from Grantee of items that it Fakes title to. Cast of Ironsportaiion,if any,shall be borne by 51a re. 0-18) DRUG-FREE WORKPLACE GERIIFICATION.Gertifrcationof Compl,rance. By signing this Grant AgreemenJ. Grantee.its contractors of sUbControcton hereby certify,under penalty of perjury under the laws of Stale Of Calffornia,compfianc9 with the requirements of the Drug-Free Workpla ce AGF of 14447 [Government Code§8350 of seq.)and have or will provide a drug-free workplace by laking the fallowing cclions: a� Publish a storement notifying employees,contractors,and subcontractors that unlawful manufacture.disi6but ion,dispensation, possession,or use of a conlrotled subs lance is prohibited and specitying octions to be token against employees, contractors,or sub coni reactors for violations, as required by Government Code§8355(a](t M- -JG- Grmrrt Agmemem.No. 46MOI 14911 Page 39 of 69 ba Establish a Drug-Free Awofeness Program,as required by 6avemment Code§3355(0)(2}to Inform employees,contractorS,or subconlroctars about all of the fallowing: iM The dangers of drug obuse in the workplace. ii; Grantee's policy of maintaining as drug-free workplace. iir) Any ava3ftabfe counseling,rehabilitation,a ced employee owslonce progrOMS,and iyM Penoliles that moy be imposed upon evnployee5,conlroclors.and subcontractors for drug abuse violations_ ca provide,as required by Government Lode§8355(ni(3), that every empraayee.contractor.an0lor subcontractor who works under this Grant Agreement: ij Will receive a copy of Gran lee's drug-free policy stolement,and 41 Will agree to ahs de byterrns of Gronlee's condilion of employrnent,contract or subconlract- DAt) FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED PROFMIONAL:Upon completion of the Project, Grantee shall,provide far a firial inspection and certification by the appropriate registeied prpFessionol ICalifornk3 Regisfered Civil Engineer or Qlogfsl)that the Projeci hos been complered in occor+donce with submilied final plans and speaificalions and any modifications thereto and in aaccordcince wflh this Grant Agreemeni. Grantee shall notify the State's Project Manager of the inspection date al least 14 calendar days pficx to the inspection in order to pfovide Status the opporturily to participate in the inspection, D.241 GRANTEE C€ MMITMENTS; Grantee accepts and ogtees to comply with all terms,provisions, conditbns and commitments of This Grant Agreement,Including all incorporated documents,and Io fulfill all ossuraances.dieclpraiipns.represeniations.and stolern enis made by the Grantee in the application, documents,amendments,and communiccitions filed in support of Its request for funding. 0.21) GRANTEE NAME CHANGE. Approval of the State's Program Manager is required to change the Grantee's name as listed an this Grant Agreement.Upon receipt of legal documeniatfon at the name change the Stale will process an amendment.Payment of invoices presented with a neer name cannot be paid prior to appy vaI of said amendment. D.22) GOVERNING LAW.This Grant Agreement is governed by and shoil be infar preted in accordance with the haws of the State of Californlo, D.23) INDEMNIFICATION:Grantee shall indemnify and hold and save the State,its officers,agents,aand employees,free and harmless from any and tall liabilities rat any claims and damages (Including inverse condemnation)that may arise out of the Projects and this Agreement,fnclvdfng,but not limited to any claims or damages arising from planning,design.Construction,maintenance and/or operation at levee rehabilital!on measures for this Project and any breach of MIS Agreement.Grantee shall require its contracl(rs cit subcontractors to name the Stale,its officers,agents and employees cis additional insured on lhelr llabilfiy insuronee for oulivities underloken pursuant to INS Agreement. D_24) INDEPENDENT CAPACITY:Grantee.and the agents and employees of Grantees.in the performonce of the Grant Agreement.shrall act In on independent crataocity and not 45 offiicers.employees.or agents at f he State. D.25) INSPECTICN OF BOOM RECCRDI_AND REPORTS:During regular oFfice hours,each of the parties hereto a rid theli duty auttLa ized repf esento t ives shall have the right to inspect and to make copies of any books.records.or reports of eilhor party pertaining to this Grant Agreement or mailers relared hereto. Each of the parties herelo shall maintain and shall make available at all limes for such insoeelion racevrate recofds of all Its costs,disbursements,and receipts with respect tails activities under this Grant Agreement. Foiltira:or raefusol by Grantee to comply with this provision shall be considered as breach of this Grant Agreement, and State may withhold disbWrsements to Grantee or take any other action it deems necessary to protect its interests. D.2b) I1115n0tOHS Of PROJECT tiff KEE;State shall have the right to inspect the wo(k being performed at any and all reasonable times dUFing Ih,e term of the Gfanl Agreement.This right shcallexteryd to any subcontracts.and Grantee shrill include provisions ensuring such access to all its contracts or subcontracts entered inia pursuani to its Grant Agreement with Stale. Grant rtgr,eemene No. 46019011490 Page 40 of ISD D17) INVOICE DISPUTES:In theeveni of an invoice dispute.payment will not be made until thedispute is resolved and o corrected invoice submiiied, FQIIUre to use rhe address exactly as provided may result to return of the involce to the Grantee..Payfnenl Shall be deemed complete upon deposil of the payrnent.properly addressed.postage prepaid,in the United States mail.Any claim Ihot Grantee Bogy have regarding the performance of this Gront Agreement including,but not limited to claims for aClditiongI Compensation or extension of time,shall be submitted to the DWR Project Manager within shirty [30)ca[endar days of Grantee's knowledge of the claim.State and GFOntee shall thele attempt to ne0oliata a resolution of such claim and process can amendmon] rfr Iha Cxant Agroorngni Io ifnplernent the terms of any such resolution.. D.28) 1AWACOQE_COMPLIANCIE:.The Grantee will be required to keep informed of sand take olI mea5ure5 necessary to ensure complionce with Applicable Lobar Code(eqL irements,including, but not limiled Io.§1720 of Seq.of the Labor Code regarding public wcarks,limitations on use of volunteer labor(Labor Code§1720.A1.labor compliance pr rarn5 (LQbor Gocle§1771-5[and paymeni of prevailing wages for work done and(tinded pursuant to these Guldellnes,including any payments to the Department of Industrial Reiations under Labor Code§1771-3- D.29) NONDISCRIMINATION; During the performance of INS Grant Agreement,Grantee and Its contraclors or subconlractors sl is ll nqi unlawfully discrirrainoler harass,or allow harassment against any employee or oppllcant for employment because of sex (gender),sexual orientation.mace.color.ancestry, religionr creed, notional origin Onclvding language use restrlctfon),.pregnancy, physical dllsablMy(indwing HIV and AIDS),mental disability,medic at condition+concerfgenetic chairocteristics].age [over 40),marital status,and denial of medial and family care leave or pregnoncy disabilily leave.Grantee and its contractors or subcontractors shall ensure that the evafa.lptipn and Treatment of their ernploy s and applicants for employment are free frena such discriminalion and harassment. Grantee and its contracfon or 5ubcontractor5 shall comply with the provisions of the Fo-r E-ployment and Housing Act (C,gvernment Code§12990 [a 41 et sec,.[ and the applicable regulal!ans promulgated Ihere under {Colifomia Code of Regulations.Title 2, 728-5 et sect.♦.The applicable regulations of the Fair Employment and Housing Commission implementing Government Cotte§12990{a-fj,set forth in Chapler 5 of Division 4 of Title 2 of the California Cade of Regultations,are irticorporated into this Agreement by reference and made a part hereof os if sel forth in tup-Grantee and its contractors cx subconlfoctors shall give w6lten notice ref mein obligo?ionn under this clause to labor erganlaaiions with which they have a collective borgainirig ca offier agreement. Grantee shall include the nondiscriminatiQn and compliancy provisiion$OF this clausal in all SubcQntra°Ct5 lo perform vvor�under the Grant Agreement- D-30) NO DISO:AIMIt4A71ON AGAI NST DOMESTIC PARTNERS: For contracIs ove($1OD,000 executed or amended offer jonr,pry 1,2(x77, the Groritee ceraifies t)y signing this Grant Agreement.under penally of perjury under the lows of State of California lhal Graniee 15 in coMplianCe with Public Contract Code§147295.3. D-31) OPINIONS AND DETERMINATIONS--Where the terms of this Gronl Agreement provide for action to be based upon,ludgrnent,approval,review,or d&I erm ina lion of either party h to,such terms.are not intended to be and shall never be construed as permitting Stich€apinfon,judgment.approval,review,or deterrnintatim to be[arbitrary,capricious.or unreasonable- D-32) PERFORMANCE A140 ASSURANCES--Grarlteeacirees to foiihfullyand expeditiously perform or cause to be performed all Pio[ect VvOrk ns ciPscrlbedln IExttibit A [Work flan) and to apply State fundsreeelved only to Eligible Project Costs in accordance with applicable.provisions of the low_ D.33) PRIORITY HIRING CONSIDERATIONS,If this Grant Agreement includes services in excess of$200,000.the Grantee shall give priority consi devotion In fillkog vacancies in posilions funded by the Grant Agreemenl to qualific l recipienrs of aid under Welfare and Inslilutiom Code§11200 in accordance with Public CanifacI %ode 10353, D,34) PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION! The Grantee shall not sell, obandon,lease,transfer.excharig e, +nortgage, nypothecote,or encurnber in any manner whatsoever 1319 ororay purr ori of any real or olher prope-riv necl=mrily connccteo or used in conjunction with the -J4- Granr rlga�erorea.r No. d6t�Ot71ldA'0 Page 41 of 60 Projects,or with Grantee's service of wal er.without prior permfssfon of State-Grantee shall nol lob a cony action including b-tit not limited I actions relatirxg to user fees,charges,and assessments that could adversely affect the ability of Grantee to fret ils oblfgaiions under this Grant Agreement,MtWul prior wrltfen peryniss on of State.Stale may require thol Ihrr proceeds from ttie disposstion of any real or personal pfoperty be remitted to State. 17.35) REMEDIES NOT EXCLUSIVE,The use by either party of any remedy specified herein for the enforcement of this Grant Agreernenl is not exclusive and shall not deprive the party using such remedy of,or limit the op Plication OT,any other remedy provideo by law. 0.36) RETENTION: Notwlthslanding any ether provision of this Grant Agreement,State shall,for each proiect, Withhold five percent (5.0%1 until January 1,2018 and ten percent d 10.0961,thereafter,of the funds regkre5ted by G onte-e forreimbursemertt of Eligible Costs.Eoch project in this Grant Agreement will be eNgible to release its f e5pectfve rel ention when Ihot project is completed and Grantee has met requfrernenfs of Fafagraph 19, '`Submissions of Reports".except in the case of the]a sl prejeci to be completed under this Grant Agreement, in which CaSe retention for such pfojecl will not be dist)ursed until the"Grant Gampletion Report"is.submitted to and approved by Stale. State shall disburse retained funds to the Gfan:tee. D,37) R1GHT5IN DATA; Grantee agrees that all data,plans,drawings.specific ofions,reports, computer progromsr opefoting monuaks,notes and other written or graphic work produced in the performance of this Grant Agreemer±i shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act_, Govefnmeni Cade§6250 of seg. Grantee may disclose,disseminate and use in whole or in part,any final foray data and information fecelved, collecled and developed under this Grant Agreemenlr subject to appropriate acknawledgemeni of credit to State for financial Support.Grantee shall not utilize the materials for any profit-making venture or sell or grant Fights to o Ihifd party who intends la do so-The State shall hove the right to use any dote described in this poragroph far any public purpose. D,36) SEVERABILITY,Should any portion of chis Grant Agreement be determined to be void or unenforceable, Bach shall be severed from the whole and the Grant Agreement shall continue as modified_ b,39) STATE REVIEWS:The parties ogfee rhot review ar approval of prajeclsappiicalions,documents,permlISr Plans,rand specifications or other project War motion by the Stale is for adrriinisi rCaaive purposes only and does not relieve the Groplee of thele responsibility to properly plan,design. construct,operate,maintafn, implement,or otherwise carry out the projects, D,40) SUSPENSION SOF PAYMENTS:This Grant Agreement may be subfect to suspension of payments or termination,or bath, and:Grantee may be subject to debarment if the Slate sdalermines that: a) Grantee, its contractors,or Subcontractors have made a false certification, or b) Grantee, its contrractofs,or subconlrcictors violates the ceiificoiiori by foiling to carry out the requirements noted in this Granl Agreement. D.41) SUCCESSORS AND ASSIGNS:This Grant Agreemenl and all of ifs provisions shall apply to and bird the successors and assigns of the parties.No ossignmeni or transfer of this Gfont Agreerment or any part thereof,rights hereunder,or interest herein by the Gfantee shall be volid unless and until it f5 approved by State and made subfect to such reasonable terms and conditions as State may impose. D,42) TERMINATION BY GRANTEE:Subject to State oppfoval which may be reasonably withheld. CSfanlee may forminaie this Aqreement and be relieved of ccnaroctuol obligations. In doinst so, Gronlee must provide o reoson(s} for termination.Graniee must submit all progress reports summcariing accompishrnenfs vp Vri111 lerrn r3oliori date, D.43) TERMINATION FOR CAUSE:Subjecl to the right to cure under Paragraph 14,the State may lerminale this Grant Agreemen- and be relieved of any poyments Should Grantee fail to perform the requkernents of this(wont Agree—ent at the time and in the manner herein,provided including but not limiled to reasons of default,ender Paragraph 14. Grant Agreement Na 46WO J 149" Page 47 of 60 11).44} TERMINATION WITHOUT CAUSE:The Shite may termfnote this Grant Agreement withoui cause on 34 col end or days advonce written notice.The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of tara ination- D}45) THIRD PARTY BENEFICIARIES; The parties to Ihis Grant Agreement do not intend to create rights in, or gru-il remedies io,any third early as a beneficiary of this Agreement,or any duty,covenant, obligalion r}r vnd erst onding esiauiistied herein. DA-6) !L!E L, I. NE55:Time i4 of the essences in this Gronl Agr 9mgn#_ D_4T1 TRAVEL,Grantee agrees Thai iravel and per diem costs Shall NOT be eligible for reimbufser lent with Stare f unds,and shall NOT be elfgible for computing Granlee cost malch.Travel includes the costs of 4a nsporl a h on, subsistence,acrd olher associoled Costs ineurted by,personnel during the term of chis Gran[ A-greernent. M49} WAIVER OF RIGHT - None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing-It is the intention of the parties here to that from time to time either party mCry waive any of its rishl5 under this Grant Agreement unless contrary to low_Any waiver by Bather party of rights arising in connection with the Grant Agreement shol not be deemed to be a waiver with res peCt t o a ny other rights or matters,and suc h provisions shall continue in full farce and effect_ DA4) 'WORKERS'COMPENSATION; Grantee affirms chat R is aware of the provlslons of§3700 of the Lobor Code, which requires every employer to be Insured against liobilfty for workefs'carnp-ensoIion or to undertoke self-insurance in accordo ce w1ii,the provisions of thin code.and Gronfee offirms chat it will comply with such provisions t)efore commencing rhe pertonykance of the work under INS Gront Agreement and will make its contractors and subcontractors,swore of this provision_ -$6- GrawAgrec,me-niAlo. 460001100 Page 43 of 6O EXHIINT E AUTmoRIZING RESOMION TO CONDUCT]ATF G IUATED$EGIONAL WA TER M AL-_i CIMEXT PLAN FOR THE`L FPER&JVNTA,l%fARGAR rrA W#TERSE I) This Liemarav&M of Un.4erstanding ( awiOU')j nOdr Md eukWd into thus 31a day of August 2010 ("Effective Date") mnong the RR.T.RSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, hemmmfkm called "DISTRTCT"', the C.0 U-NTY OF RrVF.RSII}F, 1weinaftef called 'COUNTY". and the RANCHO CALIPORNTA WATER DISTECT_lmrinaAm called"RC1.%T" RFCITALS A. WKEREAS, the Depattmcat of Water Krnc3=es is admoustering a gram program fist lat*.gm1p 1 Reg meal Wales'M,'Esia�emjmt of "iR WhT"Plaaning ani; By WHEREAS, DISTRICT, COUNTY_ and RCIM. cath hcreinaRcF tndivOmity called'AGENCY' and rn11oc1i%m1y'AGENCIES",arc wLltng to covperole and work coihaboiativehy witb the sta tlaldera of llpe Upper Saari NfafgarA2 Watershed in Ric-erside Cuuoty tD preparc the TRI.VM Flan far do gcograptuc ares desmb A on Exhibit'A' vucbe4 hereto (rTimning Region") m accepied by the Department-of W atef Resources in 9r RkSiaaol Aeceplauce hoce%u.and C. WHEREAS, tate AGENCIES coklectively ea-ger the entire planning area to be rn;°ered by 1hk IRV.FM Flan thal eafliaiwt sigurfLeant need fof major public tn&as'tructafe and conservatiao pToje€ts,and D VAMREgS,the AGE31CI>?S collectively have made stgwfLeant investments in p]aming Fair flnod canhvL mama9 mrul and water cMer1LMICla, water affly and irliabibty, rec}Tled 3v2trr, habilol presrsvalioa and comer-blion and velaked water management staatepes;and 1 -57- Gram Agrei mem No. 4600011490 Fargo d4 of 60 E. MMKFAS, the AGEWQFS coUectsvely and with the 5rAkracklm Admofy Cammyittee reprewal all entities sigatficwt to water m'toageffimt pla*�*g W the arch,M14 F_ WHEREAS..thr AGENCIES hater the muth�eily avd willingness to met in dye best mtrrest of the Planning Regitm m planning aad Lmplemeatmg IR%M WmU,add G. fir' RIAS,thr AGENCIES am rr+mnntted t4 raadmt planninv efforts in. alk epee, accessible process iachediag the Stakeholder Advaory Committee and the public; and 14 kV1 PkEAS, lIC%rD is Ivtlliq,to take the lead fending rate in coutrmtimg f3f plaoaiog, MPW application for fmdiog and implementing Shaded of oM an behalf of Eaoetd Mudicipal Wow Di3triel add Wt-i;1m Moticipil Witte-Diatr tl aad the Plnnni E. Regiraq and 1. [1JEiMAS, the AUENClES hnx.x Ilse muituWma.-d anti facal capscety and s}V=N carry gut planning and i=p1ementA6)r5 et arts,and 1. 'M EREAS- the AGENCIES ser willing to provide faadiag ca ub-kind assmu=c as act Barth herein and as muhuEy agrevable m separate board actions; and K WHEREAS, the AGENCIES pimou*ly exmled a Mrmvtand%uu of Ule&r-ta,ediag in 2047_which expirrs on Decrmber 31, 2410 sad all AGENCIES wish to rojaumw tlee efforts wader EEL-agreement whicb aupermdea the 2047 arreemmi;and L. WH t AS, The AGMM; wilt each bevefit feona thele pitTtticgmtecrn in this MOI? NOW.T1 ='t2F 0RE_the AGENCIES hereby mutually ansae as follows 1. RCND shall facilitate the romplmoa of hart regau-ed to caller# and canipdc existing plans and current mformahon into an IP-WM Play and mbmit a grml ayplieatiuu lu wee Sum!An fmxing imu*idC1m11Ftu. -58- Cyr�am Agreopnent No 4600911490 Page:45 of 60 2. EaA b AGEN(TY brieby designates its General Manager ort Chief Farcutive to l rpresrul its board as the persan charged Wilt the sul}tority to recirw and appTa a the fR%V'M Pian for the PLaan nq RL 7i0M1 Or thteading this agreement. �. 7hr MOO authorizes that applications be made to the Catifcutii&Depaitmeal of Wates Resourres of other State of Federal IDepartemetats to obtain Integsotcd Rr�'iono-1 Watcf MnM-%ReMettl PlatatliW and IMPIeMentAtihu Greats pursuant to the Safe Dri" Rratcr,his-alar Obality and Snpply,Flood Cantrol,RLvef and Coaslpl PiOtect ou Bund Ael of 2006(Public Resource Code Sects?5QO1 et seq,).and tltt Di&aster Prepam6acm and Flood Prevenlion Bond All of 2006.(Public Resource Code Sec tion 7096 et srsq.):or future sources of fouding and to enter mto agreements to receive grant fou&for the Uppet Santa 74Sazgaaila IRNVM WaWt;bed Plaaning arra. Tbr Geocral Muiagrr of RCWD is hereby aulhofi:aed and dumcted to prepafe the necessary data, co Ldnct Lavestig.atxams: file sotrL applicatooms, avid execute lttaot agiremruh.� willL liar Califsaouiaa Drpmtmrcl of Water Resources, contznct to diabunr funb#s to drsip wird pminers or sub-grontrrs. and to make cbanhea as nc`edcd to contracts 431 oilier document,to Lmplemem the IFIWM proee%-s to the hm,bt aFthe PI,a Ling Region 4. This MOM nattior.xes the estmnis twdmt os a -1palellolder Adv—r Ca=mitWee(bereiaa!FW "COawult r') subjvct to The leans of thi-s MOU and any applicable roles toot the AGENCEI-S may pmmulga[e. The AGENCIES will review and select by coaAmcus the members of the Committee from stakeholder ojrg=L=1:Lcra: in the Flnoma . RegLon. 5tak olden repiesml their agency cn organtztltiou and serve at the pleanur of the AiGENC ES and may not be required to contribute funds except in.-kind seMces No mare than ow repivseatatsw of aay org;amution shall be named to lite t'rr amitt". The feprVA-fttntfve shalt feptVj�ffll all iavtere!tU of the org&=tLon and the regLom Thr Commi"ce uta iu un&Aimy tuir k,[br AGENCIES fin plan gk&AL Md inKni[LES uuL:euLh Mull tnujert .3. Grant Agreeenerrt No. 46W 11490 Page 46 of SSD integration. Stakeholders need out be a member of the Cvn M" 10 1M4cipate in the planaiug protess 'Mv t'am=ttee may become dormant ar be disbanded if an p1 mmug effem are ongoing or it is no ksvgtr needed. 5. The plan application and related cffurls provided Cor in this MMU aggregate,dile and integrate emsting plans and documents as well as solicit nrw pro)ecls and programs. NolWag in 1tiese pLnca, docmeats or aclioa9, 1-mi tn tLe sathrnity cif the ,AGENCIES or Ihrir p;rwrrra M modifies Ong,Uf tht rrfrreucrd plAPIs,mdivaaces of a[ti*W Of the AGENCIES,rGn m uee members or stakeholders. S. Mothiag contained WLIJIL l ttva MOO bind.; Elle pasties heyond the scope m term of this MCU antras specifically docunimled in subsequent MOU w=j3dmev1s or contracts. Moreover.tbis MOU does oat req re nay commitment of finding beyond thane uo3untaftly icomnulted by separate board artums but f"mgmzes ip-kxOd conttihwiow of AGENCIES mud ataloeboldevs. 7. The AGENTS cannot be assured of the resalle or euroeea ofihe IRLtM plan and app[tcatiou for fttttdmg. Nothiug,within this MOTJ should be hued as creating a pmause fx guaraut+et of fnire fundi ig=lu ll any liability acerae to the AGENCIES Crom any third p;uty or one oftbz AG)ENCM9 shouLd fvndiaq not he fDr1hro---- . War shall may additional Uability acerae to MIX'D by its meditnVwss to act as leed for contractins. and apply€atwn ern behalf of the AGM-TF.S B. Thi-. MOU may be temunntrd by nay of the AGENCIES with 120 days notice ra all AGENCIES and stakeholders. 'the term of this MOU is from as efFectiw date shaurn aboti a tp DeCeut4fir 31,2015,uu]t 5N extended or replaced by outer sg"exurnw. 9 Withdtraual of AGENCEES Of ldftwa oC Abft agtracies not mrbaded will be allo wvd with the coilewenre of the parties and°fin execution of this agreemrnt's Terms by&eit govetmirig board. -4- - Gnaw Agreement No. 466WI1490 Page 47 of 60 10. Any iwtices acm Gr required to be sent to any party shall be Ma{kd to the following addressei: RTVM IDE ICGUMTy'FLC0n CONTR0I. COTJI+rYOF RrVERSIDE ANIS WATER CONSERVATION DISTRICT 4&80 Leman sheet_146 Floor I X95 hiar>cet Sum Ri—M IC,CA$2301-3-656 Rruer de,CA 9i WI RANCHO CALIFORNIA WATER DISTRICT +42135 Wtacbtsler Road Temecula,CA 92590 11. Each AGENCY. to the faUmt exIEM pernmdpLd by l.w. shn11 defend_ imdcmn fg aad 'hold haamless the otter AGENCIES, their consnitanIL and each of thew duds. offictrs, ogews. and employees from serf against all Liability, claims., do fiugos. Iosses,_expeos,es and other reds iecludrag costs of dtfiMce alld attorneys'f+rea,arista.G nut of ai resulting from or is conAectiva Grath thr pcFkwmnace of the work pcifo xmd pttrsuanl in aM MOU,Suri, ex°M,htwwo sba11 uul ;Wly to Amy lass., damage or injury, as any be roused solely+add exclw;iuely by t17e faull or uegligmeit of an AGENCY. 11 This MOU to to be constmed in accordnnre mlh the laws of the State of CaUmi us. 13. if anT praavian of thu MOU is held by a roart of"akpcicia jursadicuon to he inV31id,Void Of t=DfOMeable,the feMligifIg PF&Vistaas sb 11 be declared severable and shall be gia en Foil force and effect to the cKtinl possible. 14. tray aetiaa as law as in equity brought by any of the parties htreto for the purpw of mfbnM a n&or rjgbft presided for lr)this MOU shag be twd in a effort of root jmiuliction in the County of Ri%* mde,State of Califami* anis the pa&es hereto wwve all piowiow of last gr*vaL w g Ibc chmp of venire im sorb pnxTc ng3 to anyr othrr county. -S= t:irme?4greemenf Yoe 46C/(O11490 Page 0 of 60 15. This NIOU is the xt�Llll of negotiolio"between 1be pm-rtes hereto and wr& the 9dvrce and assistance of(heir fespertive cnun_m1. No provision contained berew dX311 be construed against D[STR.IC'T w1ely becaum, as a arattef of comwmeaee, it prepared this MOU in final Corm. lfr.. Amy wa.nef try AGENCLES of any brcacb by the other of any one of noir of the terms of loris MOU rhall not be com&ued to be a waaref of any substriueat or other breach of the same or of any olhtr term hereof. Fai]ufe on the part of any of the WpKti— AGENCIES to fegrure from iht sthera exam,fall abd complttr compltante tiuith any terms of fir°MOU sha11 nut bm comu urd a.s in vay maturer cMagigg thus terms bPYmf,or strr pme tha m3piccm-r AGENCES fF m enfaircintni hereof 17 This MOT]may be executed and delruered m any number of csunterpatis or copies, hereiaafler called'COUNTERPART", by ttrp purees be*eto When ear.h Pariy has yiKumd must delivered at karat erne COUNTS TART tea lire LjUm Fwrtin hndv, [LLLIL COUNTERPART shall t*demed an origmal mid,til en together,shat! colts rate sae mad the same MOU,which shall he binding and effective as to the parties httelo. 1$_ This MOU LE inleaded by the parties berets 3.9 &&if Jrinai capre--Sion with mapecl to We anattcra hcxctin, (md is a vcc Utc Uad cxclewrvs waren out of 4ha taffma and nnditibms tk&eof This MOU shell mst her ehas ged or ai6dified excepl by the written consort ofull paftres hcfeto .6. -62- FraAr Agreemeof No. 460M 11490 Page 49 of 60 ATTAR A OEOGRAPEWDESCXUMvflMGFTIEMPIANNMREGtDN t T � y9 �yt•-� 1� I.�Y�� faun 2-1 uppWSanta aAa Pt"i on Efl- -63- Gratia 4grevnenr X4'0.4600,011490 Purge 50 of 60 RECOI4 WNDW FOUR APPROVAL. c V'[Y()F RiVmmE MARrON ASHLEY,Ch imm Rivemide Counly$aaard of Sugewviac�c AYPROYFD AS TO FORM- AT I' S*T: PAMELA J.WALLS KE-CIA 14ARXR 1NEM Ca3n[y cows eI Clerk of rhe Enard B . gy �F VID HUFF �itputy )awry cmaty C el (SEAT,) 'AUG 311010 " -64- (irramf Agreement No, 4a 00)1490 Page 51 of 60 R.EC0141hUNqDED FOR APPROVAL: RANCUD Ci LOPORN A,WATER I CT Y.- - . C2�Z:�= By Aok� MATT STONE.Gea"Maar LISA HERMAN.Board P[Mident APPROVED AS 7{3 FORM: ATTFST- -TAr,t 01b Cm,t -�-aawl KV I.l F GARCIA regal Counad Sacrwxy of the Baud of Dincctm { By Bev Iudeu�u[[ltxler� ng NVDES a Santa Ma lu to RRWM Wajt#I)OU)NIENT 15 FULLY CYTCGTr_o-RE-MRK CLERK'S COPY ca Pwa„de Cuway 0A of usa Bead,Slop LOW FakxGr:r rµt kks't.Riva SACC 4��2 L1�3 "101A' Grzreif,4 reemendNo. 46000!100 Parte 52 of 60 I IN WITNESS WHEREOF,the pmr6c-s hvra:a have"eeuted this Agrocrhent on 2 Alir�t a�.�_ _.. (to be tilted n by Cleir oma 13oand) 3 4 RIYFti iDE COUNTY FLOOD CONTROL RECOMMLWDED FOR APPROVAL.' AND WATER CIO NSERVATION D[S'TRICT 5 � WARREN D. WILLIAMS hi�1AIDd�dASFLL>r'L',CIL�irm$n +Cicaml hiartager-Chief F;nginew FU-4 4k CNuty FL d Catrin and WALCr M Conwiwior Disbim Buord of StvmL�ors 7 r�a ,APPROVED AS TO FORM: ATTEST: 11 12 PAMELA J.WA LLS I(,LCIA H RPER-IJE M si tp Clerk the Bawd By JB J4 VIDI UFF Y 15 t)eputy Cow*Cu"%-1 16 (SLAL) 17 L$ 10 AM.zw 20 PV 112612 21 22 2-3 24 2s 2 28 I Mcrtm=dum of UndcTsLvudim '1'a)C.L.MduC.t[nicgntcd Rcp�anal W40F ManagCtncm r!An-j;ng ffar lbr..I jppff SUla lM RTgeriia Wfki hcd 1`� AUG 31 20ro Graw Agreement Are. 460001100 Page 33 of CU EXHINT F LocAL PRoject Wmions Grantee has assigned.for each project,a Local Project Sponsor according to the rotes of the participating agencies identified fn the IR M Plan.Local Project Sponsors may oct on behalf of Grantee for the purposes of individual projecl management,oversight,compliance,and operations and mainlemnce.Local Prefect Sponsors are identified for each Sponsored Project below'. 5nsnred Protect Sponsor Agency Agency Address Project 1 -Wellhead Treolmeni Rancho CollforNo Water 42135 Winchester Road Facilities-well 102 District Temecula.CA 92590 Project 2 -Water Use Efficiency Eostem Municipal Water 2270 Trumble Rand Turf Removal Projieot Di MCII Perris. Ca_42572-83M Western MVniclPal Water 14205 Meridian Parkway Distnol Riverside,CA 92518 Rancho California Wafer 42135 Winchester Road District Temecula.CA 92590 Project 3-Expanded Recycled Rancho California water 42135 Winchester Road Water And Plant Conversion (Wricl Temecula.CA 92590 Project City Of Temecula Prejec„ 4-Riverside Cointy Turf f2l�rerside County Regional 4600Crestmore Rood, Replacerneni Project Park and(open Space Jurupo Valley. CA 92509 District -67- Gram Agreement Alo. 46000114W pnge 31 of.69 Emarr G REPORT FORMATS AND REQUIREMENTS The following reparling farmot5 Should be utiized_Pleg5e obtain State upproval prior is submitting a report in on a ltp-mative format_ PROMS$REPOM Progress reports shall glenerally use the fallowing form€rl_ This font ar mdy be motdified as necessary to effectively communicate informai ion. For each project.discuss the following of the losk tevel,as arganired in Exhibit A JVVork Plan M: . Percent complete estimate. ■ Discussion of work accomplished dvring the reporting period. . Milestones or deliverables completed/submffted durng the reporting period. ■ .5chedvling concefns aro issves encountered chat rnaydelay aampteiion of thetp5k. For each project,discuss fhe,following of the projectievel,as organized in Exhibil A (work Plan): = Work cinticipated for the next reporting period. • Photo documentation.as appropriate. . Any schedvle of laudgei modifications opproved by IDWR during the reputing pe6od. PROJECT COMPLETION REPORT PrajeCt Completion Reports shall generalry use the fallowing formai. Exact*"surnrncry Should inctude a brief summary of project informtation and include the follow`dng iilerns: + grief description of work proposed lobe done fn the original Grant application. • Description of Wual work completed and any deviptians from Exhibit A. gist any official umr-r1sJmerl is I[U IH3 C"uiit Agieemerll,wiIII sr stlud descrlption of the amencJmect. Reports and/ar Fraducts The fallowing items Should be provided,unless already submitted cis a deliverpble'. • Provide a dopy of any final fechnicol report or study. produced for this project as described in the Work Plan.if appticoble ■ Electronic copies of any data collected, not previously submitted ■ AS-built drawinr;5 + Final geodetic survey inforrnalion . Project pholos 6 Discussion of problems that occurred during the work and how I hose problern5 were resolved * A final project Schedule showing actual progress versus plonnetr progress Costs and Disposlilions of funds A list of showing: ■ Surnmory of project cost including the fallowing items; n Accounting of the cost of project expenditure; (,. InClrjde❑II fnternal and extgm€il Casts nai previouslydisclmed ii_e.,❑dditiamicosl Shue};anti a A discussion of fac-ors that posiliNdy or negatively affected the project cost and any deviation from the origina'prolect cost eslimale_ -68- Grim Agxeemeiv No-46000114V Page ss of 60 Addilional InFormaHon + Benefits derived from the project, wirh quanfilicorion of such benefits Provided if applicable, + A final project sc✓7edVie showing actual progress versus planned progress as shown in Exhibit C. + Certification from a California Registered Professional tCivil Engineer or Geologist,ax appropriate) thal the project was conducted in Occordonce wilhti the approvedwork plan and any approved modifications Ihereto- + Submittal sr=hedule for the Post Performoince Report, GRANT COMPLETION REPORT The Grant Completion Report shall generally use the l'o lowing Format.This Farrrrat may be modified as necessary to effectively commonicate infcxmtalion on the various projecls ia7 the IRwM Program funded by this Grant Agreement,and includes the following; Executive Summary The Executive Summary ccrisists of Q maximum of twenty[201 pages sd+mmoritirig information for the grant as well as the individual projects- Reports and/or products Summary of the regional prfodlies,objectives,and water m4anogemenl strategies of the IRv,M flan, + Brief comparison of work proposed in the original Safe drinking Water,Water Qualify crntl Supply, Flood Coni ral, River and Coastal Protection Bored Act of 2 [RWM impiemeniation Cronl applicafaon and actual work done- ■ Niel description of the Orojects completed sand how lhey will further the goals identified in the Agency's final approved IRvVM Plan. + Describe how the implemented projects will meet the regional priorities identified in the final approved IRVVM Plan onCf how the projecls corilln rle to regdlO(1 al integration, ■ IdenFify rernaining woFk and mechanism for their implementation. ■ Identify any changes to the IR NM Plan as restrll of project impiementolion. If applicable,Q short discussion on how the IRVYM Plan will assist!in reducing dependence an Delta water supplies- * If applicable,Q discussion of the critical water supply or water gvolity beneffts to DAC as part of this Grant Agreement- Cast 1.Dlsp"tton of Funds IrMOFmot)Ion A summery of final funds disbursemeal for each project. Additiional Information • Summary of the subrrittol schedule for the Flost Performance Reports for eochr of the projects In this Grant Agreer•r'en1t, POST-PERFDIRMANCE REPQIfT Repora should tae concise,oncl focus on how (OaCh{they project is actually performing compared to its expected performance, whether the project is being operated and moinlained, and providing intended benefits as proposed. R+epoft and/or produrihs • Time period of the annual report (e-q-,January 2015 through December 2015) Shorl project description Discussion of the project benefits * An assessment of arty explanations for any differences between the expected versus 0c1u❑'.pFojeci benefils in meeting IR M priorities as slated In rhe original IR M Implementation Grant application, Where appticoble,fhereporting should include quantitofive metrics,i.e.,new ogre-feet of water produced Ihot year,acres of wildlife habltoI added,etc, GmnrAgrmM,,WNo. 4600011490 Page 56 of 69 + Summary of any addilional costs ondlor benefits deriving from If1e projecl Since its CoMpietion. if appkable. • Continued reportTng,on meeting the output Indicators and Targels discussed in the Project Monitoring Plan discussed in Paragroph 21 of alis Grant Agreefoenf. Any ad dif ianal information relevant to os general ed by the continued operption of the pr*ct -"/U- [ayantAgresmeRtNn 460011490 Page S7 of 60 ExHIS T H REQUIREMENT5 FOR STATEW'IUE M0NITORING.AND DATA SUBMI UAL Surface and Groundwraler Quallty Dalo Groundwater duality and ornbl ent surface water quollty Imonitoring data I hat dude chernlcal. physical,or biatogical dafo shal be stibmilied to the Slaie as de5cribed below,with o rxarroliue descriptlon of data srrhmilln1 n(..tivition innhwlWl. in project repo.rt5_or,riesrrihprt in EYhitut G. Surface water quality rrranitaring clafa shall be prepared for submission to the Cdiiforni❑ Environmental Data Exchange(Network{CEDEN),The CEDEN data templates are available on the CEpfN website,Inclusion of additional data elements described on the Bala lemplates is desirable.Data ready for 5Ubmi5sion should be uploaded to your CEDEN Regional bola Center via the CEDEN website. CEDEN website: htf ra://wwww.cedep.ora. It a projeci's Work Plan contains a groundw titer ombient monfioring el em en r.groundwoter quallly monitoring data shall be submiIted to She State for inclusian in rtle Stnie Water Resources Ccnrrol Board's Groundwater Ambient.Monitoring pnd A5sessmenl (GAMA) Program Information on the LAMA Program con be oblained ai: htip:llwww.wcaterbo❑rds.co.govlgamalaeotranker ctnma shtrrl.If further informalipn ds rectuked,the Grantee can contact the State Water Resowce5 Control Board(SWRCBM GAMA Program. Groundwater Level Dala Greanlee shall submit to DWR groundwater level data collecled as parl of ibis grant.Water level data must be stlbmilied using the California SlaIewide Groundwaler Elevation Monikwing(CASGEMJ online data submission syslem_Gro ntee 5'hprlld use their offieipPCASG EM Moniloring Entitya<r Cooperating Agency status to gain access to the online submMal tool rand submil data_If the data is from wells Ihot are not part of The Monitoring network,the water level measvrernent$should be Classified as volunfary measurements in the CASGEAA system If the grantee is not a Monitoring EnHiy or Cooperating Agency.please contact your DWP groril Project Manager for further assistance with dotes subrniltol.The aclivfiy of dat[xSUbmltt4l should be dbcumenled in appropriate progress or Final project reports,as descrlbed in Exhibil G. Information regarding the CASGEM program Can be found at htip:rlww.water.co-govlgrourrdWgterlcosaernf. -71- Gram Agreemew 1Yv_460 O11490 Page 38 of 60 EXHIBIT I STATE AuoIT Doc MEN T REQUIREMENTS ANLL FU WING MATCH GUrRELIWES FOR 0KANTEES Std*Audit Document Ro uirellmertfs The list below details the dpcumenis/records thol StoPe AuailorS typically reviewed in the event of o Grant Argreernenh being aucrited_ Grantees should ensure that sure rereads care. mciintcine.r1 fix P.nr.h 51nta funrtt=rr Progrom/Project_Where applicable.ihis list of documents also includes documents relating to the Grantee°.s funding match which will be requfrecl for audit purposes. Loff[niQLConfrols: I. Organization chart Ie_g.. Agency's overall orgoNizotion choai and(xgonFipfipn chart far this Grant Agreement's funded project_ 2. writlen internal procedures and flowchorts for the following: a) Peceipls orad deposils b) Disbursements c) State reimbursement requests dj 5tote funding expendflure tracking e) Guidelines.policy(ies).end procedures on Stole funded Program/Project 3- Audil repels of the Grantee's internal control structure and/of financial statements wilinirl tine lost two years. 4_ Prior audit reports on Slate funded Prograrn/Noject. State Fund in a: 1- Original Groni Agreemenf.any omen dmenI]sj and budget modification documenis. 2_ A list of[all bond-funded gFonis,loans of subventions received from the State. 3. A Hst of all other funding sources for each Progrpm/Projekt. Conlrpcis: 1. All subeontrdctof and consultant controcts ancii related,if applicable. 2. Contracts belvween the Grantee.member agencies, and project partners as reloled io the Stole funded Program/Project- Invoices: 1_ lnupfcas from vendors and subcontractors for expenditures submilIed Io the S1pte for payments under the Grant Agreement. 2. Documentation linking subcontractor invoices lea Stai e reimbursernent requests and relpted Grant Agreement budget line items_ 3. Reimbursemenr requests submitted I the Slate For the Grant Agreement_ Cash Documents: 1. Recelpis (copiei of warrants(shovAng payments received from the Stale_ 2. Deposit slips or bank statements sho fng deposit of the paynxenls received from the Slate. 3. Cancelled checks or disbursement documents shouting payments made to vendors. Subcontraclors. consvItanis.and/or agents under the Grant Agreement. Accounting Records_ I. Ledgers showing receipts and cash disbt-imemenl eniries for Staie tunding. 2. Ledgers showing receipts and cosh disbursement entries of other funding sources. 3. Bridging documents that tie the general ledger to reimbursemeni requests submilled Ip the Slate for the Grant Agreement Administration Casts: 1. Supporting documents showing the calculation of admirnislrorion cosis. 6mnr rigs enaenr No.460 I14949 Page 59 of 60 Versonnet_ 1_ Usf of all coniracfors and Grantee staff that worker) on the Siate funded Program//Noject_ 2. Payroll records incltuding timesheets for contraclof staff and the Coo ntee's Project Files: 1_ All supporting docurr entation maint[iined in the Program/Project files, 2_ All Grant Agreement related corresponolenCe, Funding Match Guidelines Funding Voich comisfs of non-Siple funds including in-kind sere ces_ In-kind services ore defined aswork performed or items contributed (i.e.,dollar valve of non-cash conrrioulionsl by the Grdnlee land potentially other parties invoived]directly rel❑led io the ex"ution of Exhibil A (Work Pions (exompJes.volunteer services, equipment use,and facilities}, The call of in-king service can be c;ounled as Funding match in4ieu of actual funds;or revenue] ,provided by the Grantee_ Other Funning match and in-kind service eligibility conditions may apply. Provided below is guidance far dacurneenting fundinq match with and wdthoul in-kfnd services, I. Although tracked separately,in-kind services shill be documented and,to the extent feasible. supported by the some methods used by the Grantee for its own employees. Such daaturnentativn should include the following; a. Deicliled description of the contributed items.)of service[s] b. Purpose for which line contribution wos mode(tied to Grant Agreement Exhibit A I Work Plan)] c. Warne of contnbuling orgonizohor,orid dole of conlydbuliorf n. Reel or appfaxjmcjtc;volve of contribi,dion.Who valued the contribuilon and how the voluc was determined? (e_g_,actual,appraisal,fair market value,etc,).Justificationof role.(See ill ern#2. below) e. For contributed Iabar,the person's name,the wctk performed,the number of hwrs contribu led, and the poyrale applied f. If multiple sources exist,these should be summarized on a table with summed dhorges g. Source of coni ribulion and whether it was provided by,obtained with,or supported by government funds 2- Rates for volunteer car in-kind services Sr7p1I be consisIent with Ihose paid tar similar work in rhe Grantee's organization. For example,volunteer service of cleorir;g vegelvrion perforrned by an atforney shall be v❑lued al a fair market value for tris service,not dhe rate for prafessionol legal services.In Phase instances in which the required skills,are not found in the recipient ofganization.rales shall be consistenr with those paid for similor work in the labor market.Paid fringe benefis ihol are reosonoble,pllowpble and allocable may be included in the valuation. 3. Funding mail ch conlribul ion(including in kind services]sholl be far costs and services directly artributed fo activities included In fine Grant Agreement Fork Plan.These services..furnished by prof essional and technical persornnel,consultants.and other skilled and unskilled labor may be counled as in-kind it the activities are on integral and necessary port of the Slate runded Progrom)Project under the Grant Agreement, 4_ Cash conlribu?ions made to a Program/Prosect shall be documented cs revenue and ire-kind services cS expenditure_ These casts should be tracked separately in the Grantee's accounting systems. -73- lGr(ine Agreement No. 46 01100 .Page 60 of M �>f NIErT PROJECT M NITORINCgPLANGUIDANCE Introduction Pteoseinclude a bflef description of the pfojeCt fma)amvrn -150 words) including pmlecf location, implementation elements and need for projecl [wheat problem wall the project address). Project Monla tng Plan Components The Project h onitoring Plan should conlain responses to the following questions: 'phot care the anticipated profect physical benefits? + What are the corresponding numeric targets for each project benefii� + How will proposed numeric targets be measured? + Whot care bosefine conditions? + When wig the targets be met iupon project completion,five years after completion,etc.) + How often will monitoring be undertaken (monthly yearly, etc.�- + 'here pre monitoring point locations(ex: meter located at. at stream mile...)? Include relevant maps- How will the project be mptntoined fex:jrrigation.pest management,weed abatement--J? What will be the frequency bnd Cdumlion of maintenance proposed octivities7 + Are Ihere any special environmea'Ilol considerations (e.g.,resource ocgency requirements.perrnil requirements.CEQA/NEPA mltlgatlon measuresi? + Who is responsible for collecting the samples (who is conducting moniioring andlor moinienanceJ? ■ How,and to whom,wilF moniWng resells be reported Je.g-:paper reports,online databases,public meetings)? + 'hot cidoptive mcinogemeni strategies will be employed if problems are encounlered during routine moniloring or maintenance? + ►"khat is the anticipated file of the project? -74- APPENDIX "D" PROJECT SCHEDULE A) July-October 2017 -Prepare RFP for Design Services B) October/November 2017 -Begin Design C) February 2018-July 2018 -Design/Plan Check with RCWD — Submit final conversion design plans to RCWD for approval D) September 2018 —Advertise/Bid/Award E) October 2018 —Begin Construction - complete first RCWD Cross Connection Control Inspection. F) January 2019 - Complete construction according to approved design plans. This work includes, but is not limited to, irrigation system conversion work, mow curb installation, scheduling of interim RCWD Cross Connection Control inspections, and connection to RCWD's recycle water mainline. G) March 2019 - Complete and pass final RCWD Cross Connection Control inspection. -75- Item No . 12 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: May 23, 2017 SUBJECT: Approve an Agreement for Minor Maintenance Services with Merchants Building Maintenance, LLC for Janitorial Services for City Facilities PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the City Council: 1. Approve an Agreement for Minor Maintenance Services with Merchants Building Maintenance, LLC, in the amount of $260,199, to provide Janitorial Services for City Facilities for Fiscal Year 2017-18; 2. Authorize the City Manager to approve additional work not to exceed the contingency amount of $26,019.90, which is approximately 10% of the Agreement amount. BACKGROUND: On February 22, 2017, the Department of Public Works posted a Request for Proposals (RFP) No. 214 on the City's online bidding service, Planet Bids, for Janitorial Services. A review panel was formed to provide a fair and thorough evaluation of the following sixteen proposals submitted. Company Name Price for Fiscal Year 2017-18 1. Merchants Building Maintenance, LLC $260,199.00 2. Consolidated Cleaning Systems, LLC $268,091.01 3. Dynamic Building Maintenance, Inc. $270,760.00 4. GTE, Golden Touch Cleaning $289,920.00 5. Wurm's Janitorial Services, Inc. $295,621.27 6. Evergreen Cleaning Solutions $296,100.00 7. Come Land Maintenance Services Co., Inc. $296,160.00 8. Alvarez Enterprise Services $298,551.00 9. Aztec Landscaping, Inc. $302,290.43 10. Santa Fe Building Maintenance $305,199.24 11. Valley Maintenance Corp. $321,144.00 12. Executive Services $326,309.88 13. Rangel Janitorial, Inc. $336,225.60 14. Commercial Cleaning Systems $357,482.93 15. Priority Building Services, LLC $497,604.00 16. Executive-Suite Services, Inc. $520,920.00 After a thorough evaluation and rating process, it was determined that the Merchants Building Maintenance, LLC was the highest ranking firm to provide services pursuant to the RFP. As a result, staff is recommending the approval of an agreement with Merchants Building Maintenance, LLC for janitorial services for City facilities. FISCAL IMPACT: The cost to provide janitorial services for Fiscal Year 2017-18 is $260,199, plus a contingency in the amount of $26,019.90 to address potential extra work. Adequate funds will be requested in the Department of Public Works, Maintenance Division, Annual Operating Budget for Fiscal Year 2017-18. ATTACHMENT: Agreement for Minor Maintenance Services AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN CITY OF TEMECULA AND MERCHANTS BUILDING MAINTENANCE, LLC JANITORIAL SERVICES FOR CITY FACILITIES THIS AGREEMENT is made and effective as of May 23, 2017, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Merchants Building Maintenance, LLC, a Limited Liability Company (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2017, 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. 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, 2022. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Hundred Sixty Thousand One Hundred Ninety Nine Dollars ($260,199) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. 1 C. Contractor 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 Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by 2 written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 10. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. 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 Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 3 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) 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 Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: 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 Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. 4 f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City 's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 11. TIME OF THE ESSENCE Time is of the essence in this Agreement. 12. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 14. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this 5 Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 15. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the City Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 16. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 17. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 6 21. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. 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 Contractor: Merchants Building Maintenance, LLC Contact Person: Angel Meza 1995 W. Holt Avenue Pomona, CA 91768 22. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 24. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over 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. 25. 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 7 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. 26. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non-substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non-monetary changes in scope of work; (d) agreement termination. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA MERCHANTS BUILDING MAINTENANCE, LLC (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, Mayor David Haas, President ATTEST: By: By: Randi Johl, City Clerk Krista Haas, President APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Merchants Building Maintenance, LLC Contact Person: Angel Meza 1995 W. Holt Avenue Pomona, CA 91768 Phone Number: (213) 494-8805 angel@mbmonline.com PM Initials. Date: 9 EXHIBIT "A" SCOPE OF WORK Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for the future janitorial maintenance services 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 Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise 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 Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the City Manager, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 5. Scope of Services: It is the intent of the City to maintain each facility at a high standard of cleanliness. The work to be done consists of furnishing all materials, equipment, tools, labor and incidentals as follows: A. General Specifications. 1) Specifications are intended to establish an acceptable level of service. Cleaning frequencies are established as general guidelines; they are not to be construed as absolute. All items not specifically included but found to be necessary to properly clean the building shall be included as though written into these Specifications. 2) The term "clean" includes but not limited to the removal of trash, dirt, dust, lint, webs, marks, stain, spots, spillages, graffiti, odor, film, gum, grease, tar, etc. 3) Contractor shall ensure that all employees are trained in generally accepted cleaning practices. Such practices shall include, but not be limited to, the proper operation of power cleaning equipment (such as floor care equipment), the proper use and handling of chemical products (such as cleaners, strippers, sealers and waxes), and the proper cleaning methods for building materials (such as ceramic tile, vinyl, wood, metal and glass). 10 4) Contractor shall be responsible for complying with all applicable safety and health regulations including, but not limited to, California Code of Regulations (CCR) Title 8, Section 32202 General Industry Safety Orders. 5) Contractor staff shall not place or use mops, brooms, or any equipment in traffic areas or other locations in any manner that would create safety hazards. The Contractor's staff shall provide and place appropriate warnings signs for wet or slippery floor areas. 6) Bi-weekly shall be defined as two (2) times per week. 7) Bi-monthly shall be defined as two (2) times per month. 8) Contractor is advised that City facilities are frequently used for citywide meetings and special events, etc. and shall require additional services. Therefore, the Contractor shall assure a level of flexibility in staff scheduling so as to provide for servicing of all restrooms, offices, etc. Contractor will be notified of the scheduling by the Facility Supervisor. 9) Contractor shall damp mop, buff, strip and scrub all, vinyl, resilient, concrete and tile floors. The Contractor shall wax floors as requested by City. 10) City Facilities are serviced daily or as shown on Exhibit E, excluding all City Holidays as soon on Exhibit G. 11) Clean and stock all facilities between the hours of 10:00 p.m. and 6:00 a.m. Except for the Police Station which will be cleaned between business hours 9:00 a.m. to 5:00 p.m., Monday through Friday. 12) Record and submit weekly maintenance activities, vandalism, and graffiti on Facility Maintenance Checklist, see Exhibit F. 13) Provide all necessary equipment, tools, chemicals, supplies, etc., necessary to perform specified work. City to provide all paper products (toilet paper, seat covers, paper towels, hand soap and trash can liners). Contractor shall submit request to City for products weekly. 14) Contractor will be required to provide SDS sheets for every chemical utilized by their employees at the City Facilities.(Maintenance Supervisor shall review and approve all chemicals used). 15) All chemical containers and/or spray bottles shall be properly labeled with name of contents. B. Daily Trash Pick-Up and Removal. 1) Contractor shall empty all waste receptacles on a daily basis. Any item or items near trash cans or waste baskets are not to be removed if not labeled. 2) Contractor shall ensure all waste receptacles are maintained in clean and odor-free condition. Clean plastic liners are required. 3) Contractor shall remove all trash, recyclables, and waste to a designated central location (e.g. dumpster) for disposal. 11 C. General Daily Cleaning Responsibilities. 1) Contractor shall clean/dust furniture, counters and cabinets. 2) Contractor shall clean/dust all vertical and horizontal surfaces. 3) Contractor shall spot clean finger marks, smudges, graffiti, dirt build-up, and or accumulation around light switches, doors, door frames, door glass, counters, moldings, ceiling, walls, vents registers and partitions, etc. 4) Contractor shall clean all glass entrances (glass entrance includes: glass doors adjacent windows and window frames, glass reception partitions, and blinds). 5) Contractor shall clean all metal trim (push plates, kick plates, door jams, windows frames, etc.). 6) Contractor shall spot clean all interior glass partitions, display cases, mirrors, interior doors, etc. 7) Contractor shall sanitize, wash and polish all drinking fountains, remove all hard water deposit, sinks, basins, fixtures, etc., and related counter tops. 8) Contractor shall clean elevator interior and exterior walls, floors and tracks. 9) Contractor shall pick-up and removes all trash as described above. 10) Contractor shall clean the interior and exterior of all kitchen equipment such as: refrigerators, freezers, ovens, sinks, stoves, grill, etc. D. General Daily Floor Care (excluding Restrooms and Showers). 1) Contractor shall maintain floors in such a manner as to promote longevity and safety upon completion of work. All floors shall be left in a clean, high luster shine. 2) Contractor shall remove and replace furniture as required to perform work. 3) The floor care shall consist of the following: • Contractor shall wet mop or machine scrub as required all hard tile (ceramic, quarry, etc.) floors. • Contractor shall burnish all waxed floor surfaces to high luster, as needed, to maintain a high luster. • Contractor shall post safety signs indicating slip hazards and/or wet floor when buffing, damp or wet mopping. 4) Carpet care shall consist of the following: • Contractor shall vacuum all carpeted floors completely. • Contractor shall clean all carpeted floors as needed. E. Daily Requirements for All Entrances and Patio Areas. 1) Contractor shall clean/monitor (pick up papers, leaves, trash, dirt, broken glass, food, food wrappers, gum, cigarettes butts and other conspicuous trash) outside stairways, entryways, and patios. 2) Contractor shall sweep to remove loose dirt and other materials including cobwebs. 12 3) Contractor shall clean all tables and benches. 4) Contractor shall empty all waste receptacles, ashtrays, and replenish sand, at all entry areas to building. 5) Contractor shall clean all entrance mats. 6) Contractor shall clean all stairwells. 7) Contractor shall clean the inside and outside of all glass doors. F. Daily Cleaning Requirements of Kitchens, Conference Rooms and Lunchroom Areas. 1) Contractor shall clean all commercial or residential kitchen equipment, including but not limited to, stoves, ovens, grills, microwaves, mixers, toaster ovens, dishwashers, paper towel and soap dispensers, etc. 2) Contractor shall clean kitchen hoods and filters as needed. 3) Contractor shall clean the exterior and interior of all refrigerators, freezers, cabinets, ice makers, etc. 4) Contractor shall clean all table tops, counters, cabinets, walls, floors, ceilings, light fixtures, etc. 5) Contractor shall replenish all hand towel paper products in kitchens, lunchrooms, and conference rooms. G. Daily Cleaning Requirements for Restrooms and Showers. 1) Contractor shall clean and sanitize all commodes, urinals, lavatories, showers areas, fixtures etc., with a proper cleaner. 2) Contractor shall remove: incrustation, stains, scale, deposits, hairs, and build-up inside and outside of all commodes, urinals, lavatories, showers areas, etc., with a germicidal detergent. 3) Contractor shall clean all restroom dispensers, mirrors, partitions, doors, walls, ceilings, moldings, vents, shelves, hinges, frames, trim, and baseboards. 4) Contractor shall pour one (1) gallon of hot water down floor drains/sinks weekly. 5) Contractor shall maintain floors at all times in a manner as to promote longevity and safety (clean and free of stain, scuff marks and debris). Floors should be mopped or machine scrub daily as needed with a germicidal detergent for restroom floors and a neutral cleaner for waxed surfaces. 6) Contractor shall empty all waste receptacles. 7) Contractor shall replenish all soap, paper products in restroom, including paper towels, toilet paper and seat protectors. H. Supplies. 1) Contractor shall refill all towels, tissue, seat covers, soap, air freshener, batteries and feminine product dispensers throughout City Facilities. A City representative will collect money from feminine product dispensers. No refill/extra supplies shall be stocked in the area of the dispenser. 13 I. Daily Finishing Touches. 1) Contractor shall restore all furniture, wastepaper baskets, etc., to their original position. J. Semi-Annual Services. 1) Contractor shall perform Semi-Annual Services during the first thirty (30) days and every (6) months thereafter or until the Agreement is terminated. 2) Contractor shall clean or remove foreign matter from window ledges, and frames and clean all interior window glass up to six inches in height. All other window glass will be cleaned by others. 3) Contractor shall clean all baseboards and floor drains. Baseboards consist of surfaces, edges, corners and grout. Cleaning requires the removal of grime, dirt, wax build-up, cleaning compound and finish residue, which builds up, on the baseboards, corners, edges and grout. 4) Contractor shall complete a major clean up (strip and re-wax) of all hard surfaces floors this includes all baseboards, edges, corners, grout, walls, and ledges within the first thirty (30) day, and every six (6) months thereafter. All tile/linoleum/vinyl resistant floors shall be scrubbed, striped and re-waxed. 5) City expects floors to be maintained in a clean high luster shine. If Contractor does not maintained floors properly, Contractor will be asked to strip, re-wax and buffed at his own expense and time. K. Special Requirements. 1) Contractor shall provide and maintain a sign-in log at each facility. This log shall note the arrival and departure of all Contractor's staff or Contractor's Subcontractors. Contractor's staff shall wear uniforms while performing duties. 2) Uniform is defined as a clean, long or short-sleeved (no sleeveless, smocks or tanks tops) shirt with collar, worn with pants (no mid-calf, Bermuda or short pants), with the company name on the shirt in a conspicuous locations. All uniforms are to be of same color. Contractor is responsible for all uniforms and attire worn by custodial staff. 3) Contractor issued photo identification cards are to be worn on the uniform while each employee is working in any City facility. 4) At least one worker per crew shall be fluent in English. (speak, read and understand English). L. Safety/Security Measures. 1) Security is a great concern of the City. The Contractor is advised that failure to fully comply with the security requirements of the Agreement shall result in the termination of the contract. 2) The keys to City facilities are to be used for the purpose of accessing Contractor staff to the facilities for the performance of contracted services only. 3) Contractor shall be issued a set of keys and shall assume all responsibilities for the use and return of the keys. 14 4) All the keys issued to the Contractor shall remain on the property of the City and shall be returned upon demand or the termination/expiration of the Agreement. 5) If any key or access card is lost or stolen, the Contractor shall notify the Facility Supervisor via phone, e-mail, or fax within twenty-four hours of the loss identifying the following: • Facility for which the keys were lost; • Who lost the key; • Where they were lost; • Date and time loss was discovered; and, • What actions the Contractor has taken to prevent future loss. 6) Contractor is advised that he will be assessed $25.00 dollars for each key or card lost by himself or his staff. Unauthorized duplication of keys to City facilities is a misdemeanor under Chapter 3, Section 469 of the California Penal Code. 7) Turn off lights upon completion of cleaning operations. 8) Do not read or remove any materials left on desks, file cabinets, etc. 9) Do not use computers or telephones for personal calls. 10) Do not open drawers, doors, etc. of office furniture. 11) Secure and check all doors and windows upon completion of cleaning operations and set security alarm system. M. Alarm Systems. 1) The City has alarm systems in numerous facilities. In some instances these are multiple systems within a facility. Contractor shall be issued alarm codes for each site and be instructed in the correct operation of the system. It is imperative that the individual operating the alarm system be fluent in English. In the event of a life-threatening emergency Contractor shall instruct staff to use the Standard Operating Procedures for emergency response. CALL 911. 2) Failure to operate the alarm system correctly shall result in a false alarm. Contractor shall be responsible for calling the Alarm Company and canceling any false alarms. N. Drug Free Work Place. 1) The City of Temecula prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, alcohol or other drug that the employee knows or reasonably should know could interfere with the safe and effective performance of duties or operation of equipment in the workplace. O. Background Investigation. 1. Contractor shall submit a complete background check package for each employee (including Subcontractors) who will require access to City facilities. 15 EXHIBIT "B" PAYMENT RATES AND SCHEDULE 16 CITY OF TEMECULA Request for Proposals(RFP)No.214 Janitorial Services for City Facilities FEE SCHEDULE 2017 - 2018 PRICE TOTAL TOTAL PER PRICE PRICE DAYS OF FACILITY LOCATION ADDRESS S4.FT. MONTH PER PER SERVICES PER SO. FT* MONTH YEAR Civic Center 41000 Main St. 96,795 0.073 7,026.54 84,318.42 5 Days per Week Community Recreation 30875 Rancho 7 Days per Center Vista Rd. 24,680 0.100 2,460.77 29,529.18 Week Facility Operations 43230 Business 5 Days per Center Park Dr. 11,400 0.069 791.90 9,502.80 Week Harveston Community 28582 Harveston 1342 0.118 158.35 1,900.14 7 Days per Room/Office Rd. , Week Imagination Workshop 42081 Main St. 7,600 0.086 654.99 7,859.82 7 Days per Week Jefferson Recreation 41375 McCabe St. 1,988 0.085 168.65 2,023.80 5 Days per Center Week Margarita Recreation 29119 Margarita 8,069 0.071 572.50 6,869.94 5 Days per Center(YMCA) Rd. Week Mary Phillips Senior 41845 Sixth St. 6,148 0.109 671.50 8,057.94 7 Days per Center Week Old City Hall (Second 43200 Business 14,500 0.070 1,017.30 12,207.60 5 Days per Floor) Park Dr. Week Old Town Temecula 42051 Main St. 26,672 0.097 2,574.09 30,889.08 7 Days per Community Theater Week Parking Garage/Police 41000 Main St. 2,200 0.072 158.38 1,900.56 5 Days per Once Week Temecula Community 28816 Pujol St. 5,900 0.092 542.44 6,509.22 7 Days per Center Week Temecula Public Library 30620 Pauba Rd. 34,003 0.097 3,299.24 39,590.82 7 Days per Week Temecula Valley 43200 Business 14 3 Days per Entrepreneur's Exchange Park Dr. ,500 0.065 941.14 11,293.68 Week Temecula Valley 28314 Mercedes7 Days per Museum St. 7,200 0.090 645.50 7,746.00 Week (Vote: The City reserves the right to select a Contractor to perform all of the work identified in this RFP, or only a selected portion, based on price andlor other factors. "The price per square foot(Sq. Ft.)will be used as a basis for establishing a price for janitorial services of any new facility of similar use that may be added to the Agreement during its term. 39 17 CITY OF TEMECULA Request for Proposals(RFP)No.214 Janitorial Services for City Facilities FEE SCHEDULE (continued) ADDITIONAL SERVICE ITEMS: HOURLY RATE DESCRIPTION SCOPE OF WORK Per Man Per Man Per Man Regular Hour Over-Time Holiday Additional general Janitorial Cleaning office areas, kitchens, Services for Special Events offices, recreation buildings, 17.35 26.025 26.025 requested by City restrooms, hallways, Representative multipurpose rooms, etc. SCOPE OF WORK PRICE PER SQ.FT. Extract Carpets with truck mounted carpet extractor 0.105 Dated: I a l 11`� By: Q� MA lg ure f Authorized a resentative Print Name and Title 40 18 Item No . 13 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: May 23, 2017 SUBJECT: Approve an Agreement for Minor Maintenance Services with Hardy & Harper, Inc. for Paving Maintenance Services for Fiscal Year 2017-18 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the City Council approve an Agreement for Minor Maintenance Services with Hardy & Harper, Inc., in the amount of $500,000, to provide Paving Maintenance Services within City Right of Ways for Fiscal Year 2017-18. BACKGROUND: On March 8, 2017, the Department of Public Works posted a Request for Proposals (RFP) No. 216 on the City's online bidding service, PlanetBids, for Paving Maintenance Services. A review panel was formed to provide a fair and thorough evaluation of the four proposals that were submitted. After a thorough evaluation and rating process, it was determined that the Hardy & Harper, Inc. was the highest ranking firm to provide services pursuant to the RFP. As a result, staff is recommending the approval of an agreement with Hardy & Harper, Inc. for paving maintenance services. FISCAL IMPACT: Adequate funds will be requested in the Department of Public Works, Maintenance Division, Annual Operating Budget for Fiscal Year 2017-18. ATTACHMENT: Agreement for Minor Maintenance Services AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN CITY OF TEMECULA AND HARDY & HARPER, INC. PAVING MAINTENANCE SERVICES THIS AGREEMENT is made and effective as of May 23, 2017, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Hardy & Harper, 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. TERM This Agreement shall commence on July 1, 2017, 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. The City may, upon mutual agreement, extend the agreement for four (4) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2022. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Five Hundred Thousand Dollars ($500,000) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. 1 C. Contractor 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 Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor 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. 2 8. 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 9. 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 10. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 3 11. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 12. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. 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 Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) 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: 4 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 Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: 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 Contractor 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. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City 's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 5 13. TIME OF THE ESSENCE Time is of the essence in this Agreement. 14. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the City Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 6 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 20. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 21. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 22. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 23. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. 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 7 To Contractor: Hardy & Harper, Inc. Contact Person: Robin Coleman 1312 East Warner Avenue Santa Ana, CA 92705 24. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 25. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 26. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over 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. 27. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 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. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA HARDY & HARPER, 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: Maryann Edwards, Mayor Steve Kirschner, Vice President ATTEST: By: By: Randi Johl, City Clerk Kristen S. Paulino, Corporate Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Hardy & Harper, Inc. Contact Person: Robin Coleman 1312 East Warner Avenue Santa Ana, CA 92705 (714) 444-1851 rcoleman@hardyandharper.com PM Initials: Date: 9 EXHIBIT "A" SCOPE OF WORK Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for the future paving maintenance 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 Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise 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 Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the City Manager, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 5. The Contractor shall provide necessary personnel, equipment, and supplies to accomplish the requested paving maintenance services and related service within the City owned property, including: • Patching • Crack Sealing • Oil Spot Treatment • Pavement Cleaning • Sealcoating • Striping • Licensed personnel for Traffic Control • Ability to perform work at night at no extra charge • Ability to provide minor concrete work (curb & gutter) • Ability to work on weekends & holidays • Provide 24-hour Emergency Response 10 EXHIBIT "B" PAYMENT RATES AND SCHEDULE 11 CITY OF TEMECULA Request for Proposals(RFP) No.216 Paving Maintenance Services FEE SCHEDULE Labor Breakdown All Labor $ ��O. }�j Per Hour Overtime- 1 '/2 times $ Per Hour After 8 Hours/Saturday) '�� Double Time—2 times (Sunday/Holidays) $ Per Hour Equipment Breakdown Flatbed Truck with Compressor Mount $ Q—b,00 Per Day Bob Tail Truck 9-11 Yards $ Per Day Concrete Flatbed Truck $ } Per Day Dump Truck and Pup Trailer $ « Per Day Air Compressor $ �'� ,(}` Per Day Water Truck $ 00 Per Day Flatbed Truck with 3-5 Roller Combo $ 0,�j Per Day Dump Truck with Skip Loader and Trailer Combo $ HUDO Per Day 10-12 Ton Roller with Trailer $ Per Day 3-5 Ton Roller with Trailer $ ( ', ( � Per Day Berm Machine $ i '�i .D D Per Day Bobcat with Bucket $ {j Per Day Bobcat with Grinder $ 2- , 0 Per Day Arrow Board with Truck $ (j(D Per Day 36 12 CITY OF TEMECULA Request for Proposals(RFP)No.216 Paving Maintenance Services FEE SCHIEDULE t Standard Set(Common Repair Crew) Four Man Crew $ .C�C> a yY Skip Loader $ po .Uc) ��� ui�j Dump Truck $ �a��.0'0 ELI y 3-5 Ton Roller $ Cx) ?eV V-X-A` Flatbed with Compressor and Tools $ Ij , K)C) Per Day Less than 8 Hours (4 hours minimum) $ Per Day Materials Asphalt $ . (E>1C) Per Sq. Ft. Asphalt Plant Opening on Saturdays $ D, Per Sq. Ft. Base Rock Class II $ ZL), C)C. Per Ton Tack Material $ y_,C)C�) Per Gallon Concrete $ �3 C)C-) Per Yard Concrete after 4 yards $ , 0-0 Per Yard Dated: 4/4/17 By: Signature of Authorized Representative Steve Kirschner-Vice President Print Name and Title 37 13 Item No . 14 Approvals City Attorney All Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: May 23, 2017 SUBJECT: Approve an Agreement for Minor Maintenance Services with Rene B. Martinez, Sr. dba Rene's Commercial Management for Weed Abatement Maintenance Services for Fiscal Year 2017-18 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the City Council approve an Agreement for Minor Maintenance Services with Rene B. Martinez, Sr. dba Rene's Commercial Management, in the amount of $200,000, to provide Weed Abatement Maintenance Services for Fiscal Year 2017-18. BACKGROUND: On March 8, 2017, the Department of Public Works posted a Request for Proposals (RFP) No. 215 on the City's online bidding service, Planet Bids, for Weed Abatement Maintenance Services. A review panel was formed to provide a fair and thorough evaluation of the three proposals that were submitted. After a thorough evaluation and rating process, it was determined that the Rene B. Martinez, Sr. d/b/a Rene's Commercial Management was the highest ranking firm to provide services pursuant to the RFP. As a result, staff is recommending the approval of an agreement with Rene's Commercial Management for annual weed abatement maintenance services. FISCAL IMPACT: Adequate funds will be requested in the Department of Public Works, Maintenance Division, Annual Operating Budget for Fiscal Year 2017-18. ATTACHMENT: Agreement for Minor Maintenance Services AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN CITY OF TEMECULA AND RENE B. MARTINEZ, SR. d/b/a RENE'S COMMERCIAL MANAGEMENT WEED ABATEMENT MAINTENANCE SERVICES THIS AGREEMENT is made and effective as of May 23, 2017, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Rene B. Martinez, Sr. d/b/a Rene's Commercial Management, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2017, 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. 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, 2022. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Hundred Thousand Dollars ($200,000) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. 1 C. Contractor 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 Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. 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. 2 8. 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 9. 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 10. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 3 11. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 12. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. 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 Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) 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: 4 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 Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: 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 Contractor 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. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City 's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 5 13. TIME OF THE ESSENCE Time is of the essence in this Agreement. 14. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the City Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 6 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 20. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 21. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 22. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 23. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. 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 7 To Contractor: Rene B. Martinez Sr. d/b/a Rene's Commercial Management Contact Person: Rene B. Martinez Sr. 1002 Luna Way San Jacinto, CA 92583 24. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 25. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 26. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over 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. 27. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 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. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Rene B. Martinez Sr. d/b/a Rene's Commercial Management (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, Mayor Rene B. Martinez Sr., Owner ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Rene B. Martinez, Sr. d/b/a Rene's Commercial Management Contact Person: Rene B. Martinez Sr. 1002 Luna Way San Jacinto, CA 92583 Phone Number: (951) 487-0247 PM Initials- Date: Date: 9 EXHIBIT "A" SCOPE OF WORK Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for the future repairs, and maintenance 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 Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise 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 Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the City Manager, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 5. The Contractor shall provide necessary personnel, equipment, and supplies to accomplish the requested weed abatement and related service within the City owned property. A. Weed Abatement Maintenance Specification § Disking - Weed abatement by disking shall be accomplished by cultivating with a double-throw disc at sufficient depth turning and loosening the soil, placing all weeds under the soil surface. Disking is the plowing of weeds using reasonable care so as to not disturb under/over ground utilities, destruction to fencing, buildings, equipment, supplies or adjoining land, including fire due to reckless/negligent of land. The requirement for the finished product shall be clearance between the property that has the debris and other adjoining parcels of land. • Cross Disking - Where the nature of soil is such that it is not receptive to the cutting edge of the disk the area shall be cross-disked to reduce the magnitude of any exposed combustibles. • Dust Control - It shall be the Contractor's sole responsibility to comply with Federal, State and Local laws, Regulations and Ordinances including but not limited to South Coast Air Quality Management Division (SCAQMD) Rule 403. 10 B. Weed Control - Spraying • The Contractor shall perform spraying on City properties to prevent weed growth. Spraying shall consist of (1) use of a pre-emergent herbicide to prevent weed growth during the growing season following application, and (2) use of a systematic herbicide to kill regrowth and/or summer weeds. Soil sterilants may not be used unless directed by the City. • It shall be the Contractor's responsibility to apply herbicides as necessary to keep all properties appropriately free of weeds throughout the year. Weeds shall not exceed a maximum two (2) inches in height. It is the Contractor's responsibility to control summer weeds such as, but not limited to Russian thistle, puncture vine, morning glory, anise, kikuyu grass, and Bermuda grass. It is also the Contractor's responsibility to control perennial and/or woody plants such as but not limited to: blackberry and coyote brush. • It shall be the Contractor's responsibility to determine the most appropriate times of the year to apply herbicides, fungicides, and pre-emergents. • It is the Contractor's responsibility to independently monitor all contract areas and perform touch-up spraying. Monitoring shall as a minimum include a weekly physical inspection of spray areas. Touch-up spraying shall be required at any time that weed growth occurs. The Contractor shall mow if weed growth on sprayed lots exceeds 4" in height. • The Contractor shall use the necessary equipment in order to accomplish the work in a satisfactory manner. The Contractor shall arrange operations so that the herbicides will not be distributed beyond the limit of property sprayed. The Contractor shall apply the herbicides using nozzles and pressure necessary for a proper application. • The Contractor shall supply water for the chemical mix. • The materials used by the Contractor must be of such composition and of sufficient strength to kill weeds, but may not sterilize the soil for a period in excess of one year following application. • The chemicals used shall not be toxic or harmful in any manner to animals or human beings when used in prescribed manner. • The materials used shall not harm desirable vegetation such as trees of turf. • The material used shall not be flammable or leave an oily residue that will discolor or leave a slippery film on sidewalks and curbs. • The City may at any time during the spraying operation take samples to check materials being used. Upon request, the Contractor shall provide the City with information regarding chemicals applied to specified location the Contractor shall upon request provide the City with specimen labels of chemicals applied. In the event the treatment is not effective, the Contractor will be required to remove all growth from the area within the limits of the spray application. • The Contractor shall possess a California State QAL (Qualified Applicator License) and a QAC (Qualified Applicator Certificate). 11 C. Mowing • Mowing shall be performed as directed by the City, on City and private property. Weeds will be mowed with a flair mower to a maximum height of 2". • It is the intention of this specification to provide for mulching as would be furnished by a Flail Mower so that no grass or stubble shall exceed 2" in height. • Weeds shall be removed from against fences, trees, and other obstructions. • If the City determines that mowing practices or the condition of the weeds does not provide adequate mulching, the Contractor is to remove the mulching weeds. • The Contractor shall sweep sidewalks and roadways of plant material after cutting to maintain a clean, neat condition. D. Material • The Contractor shall supply all new and replacement material for all new construction or replacement necessary as per City Standard Construction Drawings. • All replacements, whether due to disease, pest infestation or Contractor negligence shall be Contractor responsibility and considered part of the bid item without separate payment made therefore. • Fertilizers shall conform to the California Food and Agriculture Code. • Commercial fertilizers shall be complete fertilizers furnishing the required percentages of nitrogen, phosphoric acid, potash, and other necessary micronutrients as needed to keep turf, and shrubs in a healthy and vigorous growing condition. • Any tree stakes, tree ties, and/or guy wires needing replacement shall be replaced with new materials as per the City Standard Specifications, at the expense of the Contractor. • All product/material used must be EPA approved and classified for Public Safety and labeled for Right of Ways. E. Pest Management • All landscape areas shall be maintained free of disease and harmful insects without compensation beyond the base bid. • The City of Temecula seeks to control pests without harming non-target organisms, or negatively affecting air and water quality and public health. The Contractor shall give reference to reasonably available non-pesticide alternatives when conducting pest management activities on City property and public right-of-ways. • Chemical controls should only be applied when monitoring indicates that preventative and non-chemical methods are not keeping pests below acceptable levels. 12 • When pesticides are required, the least toxic and the least pesticide that will provide adequate pest control is applied. • Pesticides should not be applied on a prescheduled basis. • The Contractor may employ Integrated Pest Management (IMP) practices when controlling pests. IMP uses cultural, mechanical, physical, and biological control methods before using pesticides. F. Litter and Leaves • Litter, trash, leaves, clippings, and other debris shall be removed from the work sites two (2) times per week, or unless otherwise specified, more often to maintain a neat and clean appearance. • Green Waste must be properly recycled at an authorized transfer station or composting facility. Litter that is recyclable must be recycled. • All excess material shall become the property of the Contractor to be legally disposed of as Contractor sees fit. The City of Temecula will not reimburse the Contractor for any fees incurred. G. Sweeping Parking Lot • Parking lots are to be swept with an approved mechanical sweeper or manually to a level comparable to that provided by a mechanical sweeper. • Lots are to be kept free of debris, weeds and litter in order to maintain a neat and clean appearance. H. Public Safety • The Contractor shall conduct maintenance operations so as to last possible obstruction to the public and to abutting property owners. • No material or equipment shall be stored on City property. Any materials or equipment brought to the site for use during any day shall be places where it will not interfere with the free and safe passage of traffic and pedestrians. Such materials and equipment shall be removed at the end of each day or when maintenance operations are suspended for any reason. • If a hazardous condition is observed and the City notifies the Contractor either directly or by telephone, the Contractor shall correct the condition immediately. If the Contractor fails to correct the hazardous condition immediately, the City reserves the rights to install or have installed the necessary lights, barricades, etc. The cost involved shall be deducted from any money due or to become due the Contractor. • Full compliance with this section shall be considered as included in the contract price paid and no separate payment will be made therefore. I. Traffic Control • The Contractor shall adhere to all Cal-OSHA and Department of Transportation standards and requirements and take all necessary safety precautions to insure that maintenance work does not endanger the health and safety of the public or cause hazards to the safety of landscape maintenance employees. 13 • Construction signs, lights, barricades, etc. shall conform to the latest revision of the Manual of Uniform Traffic Control Devices, California Department of Transportation,(Caltrans MOTCD). • Traffic lanes shall be kept open at all times except when maintenance work may require temporary closing of the lane immediately adjacent to the work area. At no time shall there be less than one traffic lane open in each direction. • The Contractor shall minimize closing of traffic lanes by parking maintenance vehicles for loading and unloading of materials and landscape maintenance equipment in the left hand turn lane(s) at the beginning of the median taper. • Appropriate safety devices such as traffic cones, warning signs, early warning safety directional boards and/or barricades shall still be used as required. • Whenever the Contractor's operations create a condition hazardous to the traffic or to the public, the Contractor shall, without cost to the City, furnish, erect and maintain such barricades, lights, signs and other devices and take such other precautions as are necessary to prevent damage or accidents or injury to the public and the Contractor's employees. • The Contractor shall also furnish such flagmen as are necessary to give adequate warning to traffic or to the public of and dangerous condition to the public. All flagging costs shall be born solely by the Contractor. • It is the Contractor's responsibility to provide for the safety of traffic and the public. This includes responsibility to inspect, and identify conditions that render any portions of the jobsite unsafe. • The City shall be notified immediately of any unsafe conditions that requires major correction. • The Contractor shall be responsible for making minor corrections, including, but not limited to: filling holes in turf areas and paving, using barricades of traffic cones to alert the public to the existence of hazards, and replacing valve box covers. • Pedestrian travel shall be maintained at all times both sides of all streets where work as part of this contract is being performed. • All temporary pedestrian walkways shall be at least four (4) feet wide and fully accessible to handicapped pedestrians. • In all cases, pedestrian walkways shall be separated from vehicular traffic by a clear area of at least six (6) feet. • Night work/spraying along major arterials may be performed at night no additional cost to the City. J. Fuel Conservation and Low Emission Equipment • The Contractor shall implement strategies in work operations to reduce fossil fuel consumption and emissions such as: use hand powered equipment when possible; minimize use of gas-powered blowers; select the smallest, 14 most fuel-efficient equipment to accomplish the work; consider vehicles that operate on natural gas or biodiesel; maintain equipment properly and keep it well-tuned; and emphasize employee carpooling to jobsites. K. Use Local Products and Supplies • The Contractor shall use local products and supplies to the extent possible to minimize fuel consumption and emissions. L. Equipment Refueling and Repair • The Contractor shall refuel and repair equipment in a safe manner to protect against accidental spills. • Limit refueling to specific and limited areas on a site. • Measures shall be taken to prevent, control, and clean-up spills. • Clean-up shall be immediate, automatic and routine, and performed by a trained staff member or a licensed cleaning company. • Contact the local emergency response team agencies to report all minor or major spills. • Contractor shall be aware of and abide by Spare-the Air Day fueling advisories. M. Other Requirements • Licensed personnel for any applications for tree spraying along public right-of ways. • Vegetation and trash maintenance with City channels, (V-ditches maintain by City). • Some applications must be performed at night during grave yard hours at no extra charge. • Licensed personnel for field rodent control with public tight-of ways. • Maintenance of City's vacant lots. • Provide 24-hours emergency service, within two (2) hours response time. 15 EXHIBIT "B" PAYMENT RATES AND SCHEDULE 16 CITY OF TEMECULA Request for Proposals(RFP)No.215 Weed Abatement Maintenance Services FEE SCHEDULE Labor Breakdown Common Labor $ 30.00 Per Hour Equipment Operator $ 38.00 Per Hour Supervisor $ 40.00 Per Hour Emergency/Off Hour Response $ 45.00 Per Hour Equipment Breakdown Tractor with Implements $ 675.00 Per Day Spray Equipment $ 125.00 Per Day Disc $ 675.00 Per Day Mower $ 675.00 Per Day Other(describe): $ Per Day Other Additional Work Right of Way Spraying $ 225.00 Per Mile Spraying of Herbicides $ 175.00 Per Acre Rough Mowing $ 85.00 Per Acre Hand Work $ 125.00 Per Acre Herbicide $ 75.00 - 100.00 Per Acre Time and Materials Rate for Spraying Herbicides $ 175.00 - 225.00 Per Acre Time and Materials Rate for Ground $ 75.00 - 95.00 er Acre Squirrel Control Dated: 3 —W 7-0?,0/7 By: ..,.�_ �.t►- Signature of or ed R esentative Rene B. Martinez Sr., Owner/Operator Print Name and Title 17 Rene's Commercial Management 1002 Luna Way * San Jacinto, CA 92583 * Tel. (951) 830-0239 * email:rem]002.rm(!-gmail.com EXHIBIT B CLIENT: City of Temecula DATE:March 27,2017 Contact: Rodney Tidwell TIME&MATERIAL RATES FOR JULY 2017/2018 "Open" RIGHT-OF-WAYS: WEED SPRAYING: 1) Pre-emergent Applications: $225.00/acre or mile 2) Post-emergent Applications: $175.00/acre or mile NOTE: (1 mile=5,280 ft. x 8 ft.wide=about 1 acre) MAJOR ARTERIALS: WEED SPRAYING: 1) Pre-emergent Applications: $95.00/mile 2) Post-emergent Applications: $75.00/mile MECHANICAL WEED ABATEMENT OR LABOR W/EQUIPMENT: Per Hour Emergency Response Rate Forman&Pick-up $40.00 $55.00 Man/Equipment $35.00 $45.00 GENERAL LABOR, TRASH PICK-UP,HAULING, FIELD RODENT CONTROL ETC: Per Hour Emergency Response Rate Foreman& Pick-up $38.00 $55.00 Per Man Hour $30.00 $45.00 TRACTOR/MOWING/DISCING/RIGHT-OF-WAYS: Equipment with Operator: $85.00/Hr. (Minimum 3 Hours Charge) (Rate includes transportation cost) All of these rates reflect current "Prevailing Wage and Certified Payroll". Rene B.Martinez Sr.—Cellular Phone: (951)830-0239—24 Hours 18 Item No . 15 Approvals City Attorney Finance Director City Manager (� CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: May 23, 2017 SUBJECT: Approve an Increase to the Contingency Amount of the Agreement for Consultant Services with Michael Baker International Company for Pechanga Parkway Widening (Via Gilberto to North Casino Drive), PW15-14 PREPARED BY: Avlin R. Odviar, Senior Engineer— CIP William Becerra, Associate Engineer— CIP RECOMMENDATION: That the City Council: 1. Approve an increase to the contingency amount of the Agreement for Consultant Services with Michael Baker International Company, in the amount of $25,000, to cover added work for design and environmental services of Pechanga Parkway Widening (Via Gilberto to North Casino Drive), PW15-14; 2. Increase the City Manager's authority to approve Extra Work Authorizations by the same amount, $25,000. BACKGROUND: On April 26, 2016, the City Council approved the Agreement for the preparation of Construction Plans, Specifications, and Estimate for the Pechanga Parkway Widening (Via Gilberto to North Casino Drive), PW15-14. The amount of the Agreement was $214,173, with authorization to spend a 10% contingency. The City Manager approved Extra Work Authorization No. 1, in the amount of $20,937, for added traffic control plans, added environmental services, and construction scheduling services. The recommended increase to the contingency in the amount of $25,000 will cover the costs of all potential changes and additions to the existing Agreement until the design is complete. One of the known changes involves the design of two new retaining walls. Staff and the design team have determined that construction of two new retaining walls adjacent to City owned parcels on the northeast side of Pechanga Parkway will provide the necessary surface and required elevation to widen the roadway within the City right of way. A protion of the requested additional funds will pay for the professional services necessary to design the retaining walls, which is yet to be quantified. Approval of the increase to the contingency and the City Manager's authority by $25,000 will minimize delays to address necessary increases to the scope of work. This will facilitate expediting the design and subsequently bidding this project for construction. FISCAL IMPACT: The Pechanga Parkway Widening is identified in the City's Capital Improvement Program Budget for Rascal Years 2017-21. With City Council approval of the Intergovernmental Agreement on November 17, 2015, the Pechanga Tribe deposited $5,000,000 to cover all costs associated with this Project. Total cost of the Agreement and all additional authorized increases is $260,590. Adequate funds are available in the project accounts. ATTACHMENTS: 1. Project Location 2. Project Description PECHANGA PARKWAY WIDENING P�e,� Qui• • <G� Eo • p Y yr 2 •e .y a. hg ��� -ars.�r'Af _ a I yew �. Oh'yta !Y�99y9 �° hY r s RYe _ OR re `• � :r= ::� r Fcy9N f .e yp FR Ni S J # =`+", •� � , ✓i �, kms,,r ,� Feet Aerial Data- March 2012 0 200 400 800 60 [yl� ! Capital Improvement Program °,�, o °�^ ,:w Fiscal Years 2017-21 Wim« PECHANGA PARKWAY WIDENING Circulation Project Project Description: This project includes the widening of Pechanga Parkway from Via Gilberto to North Casino Drive to provide a Principal Arterial Road with six (6) lanes of traffic. It is the intent of the project to be designed, environmentally cleared, constructed and open to the public prior to the adjacent Pechanga Casino Expansion Project currently scheduled for completion by January 2018. Benefit I Core Value: This project improves pavement conditions so that the transportation needs of the public, business industry, and government can be met. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: Design for this project started during Fiscal Year 2015-16. Department: Public Works-Account No. 210.165.530 PW 15-14 Level: 1 2020-21 Project Cost: Prior Years FYE 2016 2016-17 Projected Actual Carryover Adopted 2017-18 2018-19 2019-20 and Future Total Project Expenditures Budget Appropriation Projected Projected Projected Years Cost Administration $ 7,711 $ 357,289 $ 365,000 Construction $4,200,000 $4,200,000 Construction Engineering $ 110,000 $ 110,000 Design $ 325,000 $ 325,000 Totals $ 7,711 $4,992,289 $ - $ - $ - $ - $ - $5,000,000 Source of Funds: Prior Years FYE 2016 2016-17 Actual Carryover Adopted 2017-18 2018-19 2019-20 2020-21 Total Project Expenditures Budget Appropriation Projected Projected Projected Projected Cost Pechanga Tribe Contributions(1) $ 7,711 $4,992,289 $5,000,000 Total Funding: $ 7,711 $4,992,289 $ - $ - $ - $ - $5,000,000 Future Operation & Maintenance Costs: 2016-17 2017-18 2018-19 2019-20 2020-21 (1) In accordance with the Intergovernmental Agreement Approved by the City Council on 11/17/2015. Fiscal Years 2017-21 Capital Improvement Program 61 Item No . 16 Approvals �— City Attorney /I Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works /City Engineer DATE: May 23, 2017 SUBJECT: Approve Tract Map 33584 (Located at the Northeast Corner of Rancho Vista Road and Mira Loma Road) PREPARED BY: Mayra De La Torre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: That the City Council: 1. Approve Tract Map 33584 in conformance with the Conditions of Approval; 2. Approve the Subdivision Improvement Agreement and accept the Faithful Performance Bond as security for the Agreement; 3. Approve the Subdivision Monument Agreement and accept the Subdivision Monumentation Cash Deposit as security for the Agreement. BACKGROUND: Record Title Interest: Western Pacific Housing, Inc. Tract Map 33584 proposes to subdivide a 7.24 gross/net acre property into a four lot subdivision for condominium purposes consisting of 59 units. The property covered by this Tract Map is located at the northeast corner of Rancho Vista Road and Mira Loma Road. Tentative Tract Map 33583 (PA 13-0217) was approved by Planning Commission on March 19, 2014. The public improvements are in place; however,the utility undergrounding is required to be installed and the survey monuments are required to be set. Thus,the property owner/developer is obligated to execute the Subdivision Improvement Agreement and the Subdivision Monument Agreement,and post the required securities. The property owner/developer has met the terms of the Conditions of Approval for map recordation, and this Tract Map is in conformance with the approved Tentative Tract Map. The approval of a Subdivision Map, which substantially complies with the approved Tentative Tract Map, is a mandatory ministerial act under State law. FISCAL IMPACT: None ATTACHMENTS: 1. Fees and Securities Report 2. Vicinity Map 3. Tract Map 33584 (reduced copy) CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS FEES AND SECURITIES REPORT TRACT MAP NO. 33584 DATED: May 23, 2017 IMPROVEMENTS FAITHFUL PERFORMANCE LABOR & MATERIALS SECURITY SECURITY Utility Undergrounding $370,728.88 - MONUMENTATION SECURITY Monumentation $2,500 - DEVELOPMENT FEES: RCFC&WCD (ADP) Fee: $ Paid Development Impact Fee: $ To be paid SERVICE FEES: Planning Fee: $ 710 Fire Fee $ 261 CSD Fee $ 1,234 Plan Check Fee $16,564 Monumentation Inspection Fee $ 343 Fees Paid to Date $19,112 Balance of Fees Due $ 0 Q 16 �o Project Location ` Road Pa%ba Road fir 15 VICINITY MAP . . NOT TO SCALE TOWNSHIP 8 SOUTH, RANGF. 3 WEST, SECTION 1 SHEET 1 OF 8 SHEETS TRACT MAP N0. 33584acc �rial&umm AREAL 724 ACRES GROSS FILED THIS DAY OF 2017 Al (BEING ALL OF TES ROSTIVE TRACT IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA N, IN BOOK OF MAPS AT PAGES MAP NO 33584) BEING A SUBDIVISION OF PARCEL 3 OF PARCEL MAP NO 21014 FILED IN BOOK 133, PAGES 13 CLERK of THE AT cTVTOF REQUEST OF THE CITY 4 NUMBERED LOTS AND 14 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY 59 CONDOMINIUM UNITS SDH & ASSOCIATES, INC CURTIS C STEPHENS, L S 7519 No DATE OF SURVEY:FEBRUARY 3,2014 FEE OWNERSHIP STATEMENT FOR CONDOMINIUM PURPOSES PETER A ASSESSORR -- COUNTY CLERK -RECORDER WE HEREBY STATETHAT WE ARE THE OWNERS of THE LAND INCLUDED WITHIN THE SUBDIVISION HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE 10 SAID LAND; THAT WE BY DEPUTY CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE SUBDIVISION GUARANTEE WE HEREBY DEDICATE TO THE PUBLIC USE,EASEMENTS FOR PUBLIC UTILITIES TOGETHER PATH THE RIGHT OF INGRESS wuE'�R 5 sTAT£ia£FVT FIDELITY NATIONAL TITLE COMPANY AND EGRESS FOR EMERGENCY VEHICLES WITHIN THE EASEMENTS SHOWN AS"PRIVATE STREETS" THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTOR AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WTH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE WE HEREBY DEDICATE ABUTTERS RIGHTS OF ACCESS ALONG MIRA LOMA DRIVE AND RANCHO VISTA ROAD TO THE PUBLIC REQUEST OF MIRA LOMA RECOVERY,LLC.,A CALIFORNIA LIMITED LIABILITY COMPANY,ON FEBRUARY 3,2014 THE OWNERS OF LOTS I,2.3,AND 4,ABUTTING THESE HIGHWAYS AND DURING SUCH TIME WILL HAVE NO RIGHTS OF I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR ACCESS EXCEPT THE GENERAL EASEMENT OF TRAVEL,ALSO EXCEPTING(TWO)ACCESS OPENINGS ON MIRA LOMA DRIVE, THAT THEY WILL BE SET IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP AND ONE(63 03 FOOT)AND ONE(/520 FOOT)OPENING FOR LOT 1,AS SHOWN HEREON ANY CHANGE OF ALIGNMENT OR THAT THE MONUMENTS ARE,OR WILL BE,SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED,AND THAT WIDTH THAT RESULTS IN THE VACATION THEREOF,SHALL TERMINATE THIS DEDICATION AS TO THE PART VACATED. THIS FINAL MAP SUBSIANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP THIS SURVEY IS[RUE AND COMPLETE AS SHOWN 'Alm WE IT RETAIN THE EASEMENTS INDICATED AS 'PRIVATE SUBLETS"FOR PRIVATE USE FOR THE SOLE BENEFIT OF DATE AFl2IL 14 20� h I$ � OURSELVES,OUR SUCCESSORS,ASSIGNEES,AND LOT OWNERS WITHIN THIS TRACT g yam. WE ALSO HEREBY RETAIN THE EASEMENTS INDICATED AS'PRIVATE EASEMENT FOR DRAINAGE PURPOSES"AND'PRIVATE { -- ! r*II-H-II t l5 EASEMENT FOR CHANNEL ACCESS PURPOSES"FOR THE SOLE BENEFIT OF OURSELVES,OUR SUCCESSORS,ASSIGNEES AND CURTIS C STEPHENS,L 7319 5 7519 EXP 12/31/17 � LOT OWNERS"THIN THIS TRACT TAX GOLEQlQaa s__EIEI3 bQAlL F('�z�� I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS QU THIS OFFICE,AS OF THIS NIA$ OWNER THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID SIAIL COUNTY, a iM pA{,'IFID 116151FK.,INC.A IIIANN$CORf'1'.MATIONMUNICIPAL,OR LOCAL TAXES,OR SPECIAL ASSESSMENTS COLLECTED AS TAXES,EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES MOW A LIEN BUT NOT YET PAYABLE,WIICH ARE ESTIMATED]D HE � � 3 RA1780.YlS MLgLAIlW 1W,`E E47EryDl,+t! I FLNN ASSTS NCE R Mf DATE 20 DON KENT,COUNTY TAX COLLECTOR BY T_,DEPUTY �L1�.HS1kl9-frfJi TIFICA.TE'. I HEREBY CERTIFY THAT A BOND IN THE SUM OF II HAS BEEN EXECUTED AND FILED WITH THE NOVA_£�R"iM TVT BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE,CALIFORNIA,CONDITIONED UPON THE PAYMENT OF ALL fiO,rA Y A .C?S TAXES,STATE,COUNTY,MUNICIPAL,OR LOCAL,AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES,WHICH A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY IME IDENTITY OF THE AT THE TIME FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED,AND NOT THE TRUTHFULNESS, YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS ACCURACY,OR VALIDITY OF THAT DOCUMENT DATE ,20 $Ill{OF CASH OR SURETY BOND (QMM1T j �7 DON KENT ofN 701LL�77 IH��EOK ME, S• .'&174&1'S13�1Bt, COUNTY TAX COLLECTOR PERSONALLY APPEARED [IilG. lif(Q11 /I�+ BY DEPUTY WHO PROVEO TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)WHOSE NAME(S)IS/ARE CITY ENGINEER'S STATEMENT SUBSCRIBED TO THE"THIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP CONSISTING OF EIGHT(8)SHEETS AND HAVE FOUND IT HIS/HER/THEIR AUTHORIZED CAPACITY(IES),AND THAT BY HIS/HER/THEIR SIGNATURE(S)ON THE INSTRUMENT THE TO BE SUBSTANTIALLY THE SAME AS THE APPROVED TENTATIVE MAP,IF ANY,THAT ALL PROVISIONS OF PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED,EXECUTED THE INSTRUMENT APPLICABLE STATE LAW AND CITY REGULATIONS HAVE BEEN COMPLIED WITH,AND I AM SATISFIED THAT THIS CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING MAP IS TECHNICALLY CORRECT PARAGRAPH IS TRUE AND CORRECT. DATED THIS DAY DF 2017 •l�'La.4A741. x 11YINESS IIY HANE1 _AOR PATRICK A THOMAS,CITY ENGINEER KRIS WNCHAK ITS 6240 f•� ���a (AS DELEGATED) i.IFE� PRINT NAME CITY OF TEMECULA li +ry 4f NN �1L,14 4.2Q18 11wHlssloa 41'4671,413 PTY CLERK'S STAIEMENt MY P.NNCPAL PEACE OFU MY COMIASSION EXPIR S THE CITY COUNCIL OF THE CITY OF TEMECULA,STATE OF CALIFORNIA,BY ITS CLERK,RANDI JOHL,HEREBY {Bu5FNf55 r.DuIq IT APPROVES THE TRACT MAP AND ACCEPTS THE OFFER OF DEDICATION OF THE EASEMENT FOR PUBLIC �iQS�L�7�1F11 ,iIifNT UTILITIES AND EMERGENCY VEHICLE ACCESS PURPOSES WE ALSO HEREBY ACCEPT THE OFFER OF DEDICATION OF ABUTTERS RIGHTS OF ACCESS ALONG MIRA LOMA A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE ROAD AND RANCHO VISTA ROAD AS DEDICATED. INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED,AND NOT THE TRUTHFULNESS, ACCURACY,OR VALIDITY OF THAT DOCUMENT DATED: 20 STATE OF EAMH lY TA RAND!JOHL ON 2017,BEFORE ME, CITY CLERK,CITY OF TEMECULA PERSONALLY APPEARED WHO PROVED TO ME ON THE BAS'S OF SATISFACTORY EVIDENCE 10 BE THE PERSON(S)WHOSE NAME(S)IS/ARE NOTICE OF DRAINAGE_FEES SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN NOTICE IS HEREBY GIVEN THAT THIS PROPERTY IS LOCATED IN THE SOUTHWEST RIVERSIDE AREA DRAINAGE HIS/HER/THEIR AUTHORIZED CAPACITY(IES),AND THAT BY HIS/HER/THEIR SIGNATURE(S)ON THE INSTRUMENT THE PLAN WHICH WAS ADOPTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE PURSUANT TO PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS)ACTED,EXECUTED THE INSTRUMENT SECTION 1025 Of ORDINANCE 460 AND SECTION 66483,ET SEC,OF THE GOVERNMENT CODE AND THAT SAID PROPERTY IS SUBJECT TO FEES FOR SAID DRAINAGE AREA I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH 15 TRUE AND CORRECT NOTICE IS FURTHER GIVEN THAT,PURSUANT TO SECTION 1025 OF ORDINANCE 960,PAYMENT OF THE DRAINAGE FEES SHALL BE PAID WTH CASHIER'S CHECK OR MONEY ORDER ONLY TO THE RIVERSIDE COUNTY FLOOD WITNESS MY HAND CONTROL AND WATER CONSERVATION DISTRICT AT THE TIME OF ISSUANCE OF THE GRADING OR BUILDING PERMIT FOR SAID LOTS,WHICHEVER OCCURS FIRST,AND THAT THE OWNER OF EACH LOT,AT THE TIME OF ISSUANCE BF EITHER THE GRADING OR BUILDING PERMIT,SHALL PAY THE FEE REOUIRED AT THE RATE IN NOTARY SIGNATURE PRINT NAME EFFECT AT THE TIME OF ISSUANCE OF THE ACTUAL PERMIT NOTARY AGKNQYILEO. M MY PRINCIPAL PLACE OF MY COMMISSION EXPIRES A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF BUSINESS COUNTY THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED,AND NOT THE TRUTHFULNESS,ACCURACY,OR VALIDITY OF THAT DOCUMENT SIGNATURE OMISSION PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT,THE SIGNATURES OF THE FOLLOWING OWNERS OF STATE OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITTED COONUNTY OF 2017,BEFORE ME, SOUTHERN CALIFORNIA EDISON COMPANY,HOLDER OF AN EASEMENT FOR PUBLIC UTILITIES PER INST NO 138285 REC PERSONALLY APPEARED OCTOBER 25,1974,AND HOLDER OF AN EASEMENT FOR OVERHEAD&UNDERGROUND ELECTRICAL SUPPLY SYSTEM PER INST NO 131889 REG DECEMBER 29,1969;AND HOLDER OF AN EASEMENT TO CONSTRUCT,USE,MAINTAIN,REPAIR, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)WHOSE NAME(S) RENEW,REPLACE,RECONSTRUCT,AND/OR IMPROVE A ROADWAY IN,ON,OVER,AND ACROSS PER INST NO 64456 REG IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED JULY 25,1967 THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACHYBES),AND THAT BY HIS/MER/THEIR SIGNAIURE(S)ON AN EASEMENT IN FAVOR OF SO CALIFORNIA EDISOIN CO FOR PUBLIC UTILITIES PER INST 2015-0345818 REC AUGUST THE INSTRUMENT THE PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED,EXECUTED N THE INSTRUMENT 4,2015 AN EASEMENT IN FAVOR OF RANCHO CALIFORNIA WATER DISTRICT PER INST 2015-0390222 REC SEPTEMBER I,2015 1 CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE M FOREGOING PARAGRAPH IS TRUE AND CORRECT PACIFIC TELEPHONE AND lELEMRAPH COMPANY,HOLDER OF AN EASEYCHT FOR A RIGHT OF WAY FOR TELEPHONE POLES WITNESS MY HAND AND ANCHORS AND THE BAHI FO KEEP THE SAME FREE FROM PONAM OVER BLOCKS I,2,16,19.22,&23 OF PAUBA LAND AND WATER COMPANY'S SUBDIVISION!OF PARCEL I,BY DEED REG SEPTEMBER 21,1917 IN BOOK 470, PAGE 14 OF DEEDS(NOT PLOTTABLE) NOTARY SIGNATURE PRINT NAME JOB 5 LEE AND INKIE LEE HOLDERS OF AN INGRESS AND EGRESS EASEMENT PER DOCUMENT RECORDED MAY 25,2007 AS INSTRUMENT NO 2007-347270 OF OFFICIALS RECORDS OF RIVERSIDE COUNTY,CALIFORNIA MY PRINCIPAL PLACE OF MY COMMISSION EXPIRES BUSINESS COUNTY PROJECTED SEC 1,T.8S,R 3W SHEET 2 OF B SHEETS TRACT MAP NO. 33584?F Q A AREA 7 24 ACRES GROSS 1 lir 1. 1 MAP 1 J J J lJ t (BEING ALL OF TENTATIVE TRACT IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA MAP NO 33584) 4 NUMBERED Lars 59 BEING A SUBDIVISION OF PARCEL 3 OF PARCEL MAP NO 21014 FILED IN BOOK 133, PAGES 13 iV• DATEE OOF F SURVEY UNITS FEBRUARY 3,zola AND 14 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY .+dan11 SDH & ASSOCIATES, INC CURTIS C STEPHENS, L S. 7519 60' at 3w ># 120' 180' FOR CONDOMINIUM PURPOSES BOUNDARY CONTROL MAP GRAPHIC SCALE: 1"= 60' MONUMENT NOTES _ U� MENTAL CONaTRAI -hpm ❑1 FOUND I'IF MTH ILLEGIBLE TAG.ACCEPTED AS BC OF CURVE PER RI / ENVIRONMENTAL CONSTRAINT SHEET AFFECTING THIS MAP 1S AND RJ,DOWN 08',SET TAG"LS 7519' A # �/ ON FILE IN THE OFFICE OF THE CITY ENGINEER,CITY OF 0 FOUND V IF TAGGED`LS 2602"PER RI AND R3,DOWN 08', b 1P bSbTEMECULA,IN E.C,S,BOOK L,PAGE 382. ACCEPTED AS CENTERLINE IN1EgSECTION, 7EIECU.A 6 +,y�THIS AFFECTS ALL LOTS `10/ ❑3 FOUND 1'P TAGGED'L 5,2602'PER fl3,DOWN 09',ACCEPTED AS VICINITY MAP y /_yt4'1'L'. CETERLWEINTERSECRON, N FS 4CO'I 91 FOUND 1"IF TAGGED'LS 2602'PER R3,DOWN 09',ACCEPTED AS �SM1TCENTERLINE INTERSECNON, A196'16'49w 31W(33Oor IJ [5 FOUND I"IP NO TAG,MONUMENT IS N45'47'21'W 029'FROM CORNER, HELD FOR PL NORTHWESTERLY LINE PARCEL J(RI) s'�/0�� © FOUND 1' P TAGGED'LS 7171"NO REFERENCE ACCEPTED AS EC \YYYrrrj'rj 7f \ \'y\ OF NO •b���.,,` f/ y � II..'' fp LA FOUND I'I.P.TAGGED'l S.7131'NO REFERENCE ACCEPTED AS LOT L iJ a v�`U�+ y 1 �r �y,J S CORNER PARCEL 3(RI). 7 �(;P H5Y 46 76' �"��t��©� f r`hy\ ❑ LOTRCORNER PARCEL3. TIC PLUG'RCE 26547°PER RI,ACCEPTED AS Y g (4674'RI) a (N 11.4 34'E RI) y'{T �9 FOND A C-NAIL TAGGED'RCE 21914'PER R5,FLUSH W CONCRETE, JJ. \ ACCEPTED AS LOT CORNER tea: I rJ}` / FOUND A C-NAIL TAGGED'R C E,21914"PER R5,FLUSH IN CONCRETE, ACCEPTED AS LOT CORNER •'9l � r \ 11 FOUND A C-NAIL TAGGED'R CC 21914'PER R5,FLUSH IN CONCRETE, ACCEPTED AS LOT CORNER SEARCHED,FOUND NOTHING ESTABUSHED INTERSECTION BY RECORD ANGLE(RI),SET 1"IF TAGGED'LS 7519',FLUSH, R ` © FOUND A C-NAIL TAGGED"R.CE 21919"PER R5,FLUSH W CONCRETE, 'E *� ACCEPTED AS LOT CORNER.. f fl , 04 FOUND A C-NAIL TAGGED'R CE 21914°PER R5,FLUSH W CONCRETE, J S d ACCEPIED AS LOT CORNER. 1 a I 1© FOUND 1'IF AND PLASTIC PLUG'RC E.21914"PER R5,FLUSH, ACCEPTED AS LOT CORNER I® FOUND 1-1/4'P TAGGED'LS 2602'PER RI AND R4,FLUSH, ACCEPIED AS BOUNDARY CORNER PER R4 �B rN 17 FOUND 1-1/4'IF TAGGED Y S 2602'PER RI&R2 MONUMENT IS N51'45'00'[002'FROM EC,HELD FOR TANGENT,FLUSH,ACCEPTED s�v FOR E C OF CURVE P p0 U y 1Vp\A 9y 1® FOUND 1-1/4'P TAGGED'LS 2602'PER RI AND R4,FLUSH, Np, ACCEPTED AS CENIERLWE INTERSECTION V NpP A FOUND I°P TAGGED"LS 2602'PER RI.DOWN 0,14' MONUMENT IS pw��y5) N2T1995'W 023'FROM ROW BC SEE DETAIL "A" ® FOUND 1"P WITH REMAINS OF PLASTIC PLUG PER U. MONUMENT 15 rT�fy N48'22 8'W 009'FROM ROW BC SEE DETAIL „B„ ���,p 21 FOUND 1-1/4"IF TAGGED'LS 2602'PER R2 MONUMENT IS \ ! 30 ��$�.g N25'07'10"W O IB'FROM BC,HELD FOR TANGENT J / FOUND I'P MIH CONCRETE PLUG AND TAU(SHANK,FLUSH, ACCEPTED AS LOT CORNER PARCEL 3(RI)SET TAG'LS 7519" fj ©FOUND I'IP TAGGED'L S.7131`NO REFERENCE ACCEPTED FOR CENTERLINE INTERSECTION 33 � \`1 � 525'0 10'E 5270.2J15'E �� A# S4822'16'E DETAIL "A" f# DETAIL B'__ 1 V MES N LS y s � � � NB5•oa'1ow n31 77', t6 1 �. `s 1 �` � �p 4� y5'+�S,�Rn+�°�i•� �p l5e�'�0� hs�p- } -4 1 'co-*iq 43 4� lygpp [ SA V►5��ol .yaa�il �y.51a � 1r ` TRSC1 S85so?' REFERENCES 5y+��;i jam• mal 1µ F+ R7 PM 21014,PMB 133/13-I4 \\ N"' R�'7+R0• Soy �� pt SRyg y. fff+++hhh�RR (10k4OARY 04 R2 TR 4040,MB 66/61-64 '} SYA8 3 ,ys " TI{ ST:ANf]ILT3 FOMNU HOTIWC R3 TR 3833,MB 61/42-52 ) Y�: 7 S 1F�'Z�� q, V CAECUTAIiO ft4OM .x" •' 1 P R4 TR 4010,MB 64/92-99 � I�LM14y'I�. -#,,A y�YQ""' T IA) INOtATM RADIAL.�A%'W. R5 CERTIFICATE OF CORRECTION VYyF y� `��V>� ■ WOq"rAICS FOM4$ugfq/MEtLd AS HM[FO. BOOK 1981,PAGE 228853 dd WC 1011078:OA O INDICATES SET MONUMENT AS NOTED M 4EA5M%.O ' BASIS OF BEARINGS SET I"IRON PIPE TAGGED"LS 7519",FLUSH,AT ALL REAR LOT CORNERS AI gr THE BEARINGS SHOWN HEREON ARE BASED ON THE ANGLE POINTS IN LOT LINES /n CENTERLINE OF MIRA LOMA DRIVE NORTHWESTERLY OF RANCHO A p�M1 NSTA ROAD,BEING NORTH 25'07'10"WEST AS SHOWN ON SET LEAD&TAG,"LS 7519"ON TOP OF CURB FOR REFERENCE TO LOT r.,y4 PARCEL MAP 21014,AS SHOWN BY MAP ON FILE IN 8001( CORNERS ADJACENT TO STREETS,ON LOT LINE PROLONGATION AND STREET 133,PAGES 13 AND 14,OF PARCEL MAPS,RECORDS OF CURVE ALIGNMENT POINTS,AT BC'S,EC'5,PRC'S AND PCG'. M1{TI Q RIVERSIDE COUNTY,CALIFORNIA, of 4ALL MONUMENTS SHOWN AS"SET"SHALL BE SET IN ACCORDANCE WITH THE SAID BASI5 OF BEARING SHOWN HEREON BY THE LINE MONUMENTATION AGREEMENT FOR THIS MAP,AND PER RIV.CO ORD 461.9 1 4 BETWEEN FOUND MONUMENTS DESIGNATED AS"21"AND 7' IRACT 33584 CONTAINS 7,24 ACRES GROSS SHEET 3 OF 8 SHEETS TRACT MAP N0. 33584 NOTES AREA. 7 24 ACRES GROSS SEE SHEET 2 FOR BOUNDARY CONTROL,MONUMENT NOTES, (BDNc ALL OF TENTATIVE TRACT IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SURVEYOR NOTES,AND BASIS OF BEARINGS, MAP.NO 33564) 5 CONDOMINIUM UNITS NUMBERED Lars BEING A SUBDIVISION OF PARCEL 3 OF PARCEL MAP N0. 21014 FILED IN BOOK 133, PAGES 13 SEE SHEET 4 FOR ADDITIONAL LOT DETAILS AND DETAILS OF 59 EIQSTING EASEMENT(F AND© DATE OF SURVEY:FEBRUARY 3,2014 AND 14 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SDH & ASSOCIATES, INC, r, r,CURTISC STEPHENS, L,S 7519 SEE SHEET 4 FOR LINE AND CURVE DATA TABLES FOR CONDOMINIUM PURPOSES SEE SHEET 6 FOR DETAIL OF EXISIING EASEMENTSQAANDQD e ,f EXISTING EASEMENI AND SEE SHEETS 7-8 FOR PROPOSED EASEMENT DETAILS ;a LOT DETAILS EXISTING EASEMENT NOTES �{ OA AN EASEMENT IN FAVOR OF S0.CALIFORNIA EDISON CO, / FOR PUBLIC UTILITIES PER INST.p 136285 REC.OCTOBER 25,1974 (SEE SHEET 6 FOR DETAIL OF EASEMENT) AN EASEMENT IN FAVOR OF SO CALIFORNIA EDISON GO h y1 FOR OVERHEAD&UNDERGROUND ELECTRICAL SUPPLY `Sb e SYSTEM PER INST N 131889 REC DECEMBER 29,1969, Y e / '} 0 11AM61RUC PI%7.MRI , tAPAK NIA iW5 kf.CO. b C[9F'1W/C1,L51-.YAINI+IW,RFPRIR,RCfk W,kfVS MFE. DETAIL'C J RrC0.NSTRR:I,ANO/OR DIPWA.A kDADWAY VC CN. SCALE: 1"=20' / 656R,AHD 110m;PER RmI-puts NEC.d16Y 75,1967 r\ [a] A 16 wx EASCH[NI drAMIEO 1a JOG S EEE N4 NOE Lf E FDR YVRPW.S Of INCJHSS AIN(CRESS PER WSf,A 4 // ♦ 2001-s-rE+SEYEN T}AY I5.2001(SEC SMEs B Fog 1. f �\ KTAIL\ �• `S / +� (�]A RIOEII Of NAY FOR IELiRNHE'POLE5 AWA1NIOf6 AIB)III RQi 10 RESP 1rE SAX EKE fKft FWAVE, QWFn BL4CILS 1,3.EE,1%72,&23 OF PAUBA LAW AM WATER OWIAHY5 SU0DF14SIOfl OF PARCEL 1, J \ CONVE TED TO IID PACFIC IELWIlow.AND 11'Umo ,f iOWm7 BY oci C SEPTCUMR 21,1917 RI WERi DON fff vv'V �" / '�"$. J �/• / N 'E i74.PAGE 14 OF DHSS(no]PLOHASI.P. e 0 AN EA$k MENI W ivAVOR OF 30.CALIFORNIA EOLAN CU �4 \ J J!� �' •\ fA1VC115F i 2015(FS PER 1X51,f 2sTl-05496x8 REF ja Q} / [$�AN EA51ANI IN FAVOR OF RANCK0 CALFFORMA*AMR DETAIL "C" / ti L15.iA1OT fsR POBUC OIILITiS KR NSF,j 20WO M0222 HEREON P / / \, / fpr G� J \ tAEO SLPTE&8Ek I,1615 Q7 / LOT 3 a{ OPEN SPACE 4 •{ � / @ +i� 2.04 AC. 02 78 1 —W LOT 2 -to OPEN SPACE, — / � $ )*0.20 AC. lls91 g�°ar2• ♦w LOT 4 ' R•7 1�'F1 11 OPEN } PgF�� r. �` SPACE $ L 4�� cr1s5 0.20 AC. WWI Nafarsr. a Ia r6_T. _a .1 F yr✓C�ftyl* ly � ao' d' 70' W" eo' 120' cm FrA � -s� gfr cx. \ ,, 13gx 1 L71 d'r1 �} 1P�177 GRAPHIC SCALE: 1" =40' u]k I .ffi I LII \ r 1 �r 4 ii •I 11 N 1 \ CG ', \\ DETAIL "A" \ �� \Z LOT 1 \\ �"�g�\ t s5 4 SEE SHEET 2 < \ 4.81 AC. \ r d +, DETAIL "B" \ \ .tT '¢�f. L14 Y. \ \ SEE SHEET 2 \ A \ ZIAj \ r LOTLOT 3 m OPEN SPACE \\ \\ OPEN SPACE \ 2.04 AC. \ \J u' \ 2.04 AC. SEE SHEET 4 SHEET 4 OF 8 SHEETS TRACT MAP NO. 33584 AREA7 24 ACRES GROSS (BEING ALL OF TENTATIVE TRACT IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA MAP NO 33584) 4 NUMBERED BEING A SUBDIVISION OF PARCEL 3 OF PARCEL MAP NO 21014 FILED IN BOOK 133, PAGES 13 59 DATEE OOF F SURVEY UNITS URVEY EEBBUARv 3,tow AND 14 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SDH & ASSOCIATES, INC CURTIS C STEPHENS, L S 7519 FOR CONDOMINIUM PURPOSES LINE TABLE FOR LOT LINES EXISTING EASEMENT LINE# BEARING LENGTH .N- AND LOT DETAILS LI N37.57'57'E 10-03' A 12 N4WO7'03'E 899' {� L3 N38'14'14°W 637' 40' 0' 20' 40' BO' 120' CURVE TABLE FOR LOT LINES - L4 N62'34'57'E 0.99' GRAPHIC SCALE: 1"= 40' CURVE# DELTA RADIUS LENGTH L5 N80'I6'20'E 1786' CI 252'19' 20000' 1002' L6 N11'39'56'W 1800' LINE TABLE FOR EDISON EASEMENT CURVE TABLE FOR EDISON EASEMENT C2 15'26'23' 3400' 916' L7 N76'23'48'E 17,85' LINE# BEARING LENGTH LINE# BEARING LENGTH CURVE# DELTA RADIUS LENGTH C3 41'53'43° 2500' 1828' LB A 5'2239"W 8,56' L20 N25'40'46"W 548' L34 N52'02'50"W 2081' C30 8835'15" 1250' 1933' C4 12'20'4}' 40,93' 882' L9 N6432'02"W 517' L21 511'5B'58'E 209' L35 N36'39'45"E 1976' C31 74'24'46" 19,50' 25,33' C5 701718` 2500' 13 22' 10 N69'72'02"W 1{0$' L22 S78'01'02"W 22.00' L36 N07V'48'W 2767' C32 90'00'47" 12,50' 1964' C6 309]18' 2500' 1322' LII N47'35'26"W 9.29' L23 NI I58'58'W 189' L37 N52'01'46'W 1377' C33 1358'42' 18800' 4587' C7 21'07'56' 40.93' 15-10' L12 N41'52'57"W 9.97' L24 S62'34'11'W 200' L38 N52'01'48"W 2282' C34 13'461$' 22800' 5480' CB 501 25,00' 21,64' L13 N45'47.21'W 13.99' L25 N272549"W 354' L39 N5TOr48"W 2200' CJ5 11'37°36" 22800' 46.27' C9 25'05'06' 2500' 1095' LI4 N62'34'57'E 5.73' CIO 3775'06" 25.00' 16.40' LI5 N45'47'21"W 8,03' L26 N70'53'57'E 10.70' L40 N3758'1 2'E 250' C36 88'42'35' 12 50' 1935' L27 527'25'02'E 4223' L41 N52'01'48'W 6,43' C37 70'26'05" 1250' 15.37' CII 47'40'33" 25.00' 2080' L16 N7B'01'02"E 687' L28 N27'25'49'W 70,76' L42 N84'41'20"W 3228' C38 2'21'00" 244400' 10024' C12 5'50'07" 28400' 2892' Ll7 N78'01 b2"E 10-23' L29 N62"34'11'E 258' L43 52776'46'E 16.38' C39 V44.51 2444,00' 74,54' L30 N27.25'49'W 29-08' L44 S2f13'17"W 1033' el NOTES L31 577'57'10"W 200' L45 54538'18"W 3400' p SEE SHEET 2 FOR BOUNDARY CONTROL,MONUMENT NOTES,SURVEYOR L32 N52'02'50"W 2000' L46 S2775'02'E 9.D0' Yf" '1; NOTES,AND BASIS OF BEARINGS.. LJJ N3757'10'E 200' L47 N15'22'54"W 400' SEE SHEETS 3 FOR LOT DETAILS AND ADDITIONAL DETAILS OF EXISTING 413 . 0 EASEMENT(2)AND© SEE SHEET 6 FOR DETAIL OF EXISTING EASEMENTS�A ANDQD \ kT y,1 40 ,i" SEE SHEETS 7-8 FOR PROPOSED EASEMENT DETAILS op Lor t 4.81AC. `S7d. � 'ti� ' } 13x13•,,. L117 \ � � �• — - — pp{,I.TE STT _ -- - \ 3 m. SERE 1 4 C19 84AE Ni. X11.73.56' R,3J.W 41.65 117" ` o 10 l 4 LOT 3 ! CHa o-.�i6.5d k OPEN SPACE c r 2.04 AC. v�sT: y\ �3 'irk r } p EXISTING EASEMENT NOTES 4K4� g3�( ATP�'op} .p 7� (A AN EASEMENT IN FAVOR OF 50 10001 MA ECIFI ,(Lt. D A RIGHT OF WAY FOR TELEPHONE POLES AND ANCHORS y+m' 5? FOR PUBtIC UTILITIES PER IN;T.a MM II OCM3ER AND THE RIGHT TO KEEP THE SAME FREE FROM FOLIAGE, dd' t8y7N 25,1974 JW SHEET 6 FOR OEIAA DF EA$LSI"I) OVER BLOCKS 1,2,I8.19.22,&23 OF PAUBA LAND 4}' AND WATER COMPANYS SUBDIVISION OF PARCEL 1, Q AN EASEMENT IN FAVOR O SO CALIFORNIA EDISON CO CONVEYED TO THE PACIFIC TELEPHONE,AND TELEGRAPH FOR OVERHEAD&UNDERGROUND ELECTRICAL SUPPLY COMPANY BY DEED REG SEPTEMBER 21,1917 IN BOOK 4 SYSTEM PER INST.O 131889 REG DECEMBER 29,1969. 470,PAGE 14 OF DEEDS(NOT PLOTTABLE) 1\ © AN EASEMENT IN FAVOR OF W CALIFORNIA EDISON CO. (D AN EASEMENT IN FAVOR OF SO CALIFORNIA EDISON CO TO CONSTRUCT,USE,MAINIAN{FI PABi,RENEW,REPLACE, FOR PUBLIC UTILITIES PER INST#2015-0345818 REC RECONSTRUCT,PNU/OR IMPROVE A ROADWAY IN,04, AUGUST 4,2015, OVER,AND ACROSS PER INST 064456 REC JULY 25,1967 © AN EASEMENT IN FAVOR OF RANCHO CALIFORNIA WATER QD A 10'WADE EASEMENT GRANTED TO JOB S.LEE AND INKIE DISTRICT FOR PUBLIC UTILITIES PER INST.#2015-0390222 LEE FOR PURPOSES OF INGRESS AND EGRESS PER INST,O REC SEPTEMBER 1,2015. 2007-0347270 REC MAY 25,2007 SHEET 5 OF 8 SHEETS TRACT MAP N0. 33584 AREA. 7 24 ACRES GROSS (BEING ALL of TENTATIVE TRACT IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA MAP NO 33584) 4 NUMBERED LOTS BEING A SUBDIVISION OF PARCEL 3 OF PARCEL MAP NO 21014 FILED IN BOOK 133, PAGES 13 59 CONDOMINIUM UNITS DATE OF SURVEY:FEBRUARY 3,2014 AND 14 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY -N- SDH & ASSOCIATES, INC. CURTIS C. STEPHENS, L.S, 7519 A FOR CONDOMINIUM PURPOSES u EXISTING EASEMENT DETAILS 60' D 30' 60, 120• 180• GRAPHIC SCALE: 1"= 60' sp D AN EASEMENT IN FAVOR OF SO.f,"ORNIA EDISON CO. ,Ngn S f FOR PUBLIC UTIL1ILS PFR INST.p I,SIIMl REC.OCTOBER 0b825,1974.(SEE SHEET 6 FOR DETAIL OF EASEMENT) I QB AN EASEMENT IN FAVOR OF SO,CALIFORNIA ECO � FOR OVERHEAD&UNDERGROUNUND ELECTRICAL SUPPLY SYSTEM PER INST p 131889 REC DECEMBER 29,1969. AN EASEMENT IN FAVOR OF SO,CALIFORNIA EDISON CO. M1 i" TO CONSTRUCT,USE,MAINTAIN,KPHR,RENEW,REPLACE, I. PD / � .ry RECONSTRUCT,AND/OR IMPROVE A ROADWAY IN,ON, OVER,AND ACROSS PER INST.N64456 REC.JULY 25,1967. A 10'WOE EASEMENT GRANTED TO J00 S LEE AND INKIE LEE FOR PURPOSES OF INGRESS AND EGRESS PER INSTb ti �T 6 ` 2 /\ 2007-0347270 REC MAY 25,2007.(SEE SHEET 6 FOR DETAIL OF EASEMENT EN / a A @y t , , Q A RIGHT OF WAY FOR TELEPHONE POLES AND ANCHORS AND THE RIGHT OVER BLOCKS 1,T2,16E1THE SAME R 9.22.&23 OF PAUBA LEE FROM AND AND WAFER COMPANY'S SUBDIVISION OF PARCEL I, CONVEYED TO THE PACIFIC TELEPHONE,AND TELEGRAPH \ COMPANY BY DEED REC,SEPTEMBER 21,1917 IN BOOK ;o ff 470,PAGE 14 OF DEEDS(NOT PLOTTABLE), �F AN EASEMENT IN FAVOR OF 50.CALIFORNIA EDISON CO FOR PUBLIC UTILITIES PER INST,1 2015-0345618 REC. AUGUST 4,2015..(SEF SHEETS 3&4 FOR DETAIL OF 't EASEMENT) © _ © EASEMENT IN FAVOR OF RANCHO CALIFORNIA WATER DI \ p_ DISTRICT FOR PUBLIC UTILITIES PER IN51_M 2075-0390222 T I I SPA M \�'ti t LOT REC.SEPTEMBER 1,2015,(SEE SHEETS 3&4 FOR DETAIL SPAC OF EASEMENT) EL LEND WWAIES WS.-A-5________ EAYMENT LIME NOTES yea SEE SHEET 2 FOR BOUNDARY CONTROL,MONUMENT NOTES, C SURVEYOR NOTES,AND BASIS OF BEARINGS �- f SEE SHEETS 3-4 FOR LOT DETAILS AND DETAILS OF EXISTING EASEMENTQF AND© SEE SHEET 6 FOR DETAIL OF EXISTING EASEMENTSQA ANDQD SEE SHEETS 7-8 FOR PROPOSED EASEMENT DETAILS LOT 1 LOT 3 OPEN SPACE g � R.aAAAa� i,4a6�2 \\ \ LOT 3 �[" OPEN SPACE �• r \ r c r \\ ON\STP k0� beV 7. € n1 MB ACS 4�;3 _',A� 61� -52 � pr.•� \) MB V i � 1 i SHEET 6 OF 8 SHEETS TRACT NEAP N0. 33584 AREA: 7 24 ACRES GROSS (BEING ALL OF TENTATIVE TRACT IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA MAP NO 33584) 4 NUMBERED LOTS BEING A SUBDIVISION OF PARCEL 3 OF PARCEL MAP NO 21014 FILED IN BOOK 133, PAGES 13 55 CONDOMINIUM UNITS DATE OF SURVEY FEBRUARY 3,2014 AND 14 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SDH & ASSOCIATES, INC CURTIS C. STEPHENS, L S 7519 C FOR CONDOMINIUM PURPOSES !A+ EXISTING EASEMENT DETAILS 60' 0' 30' 60' 120' 180' GRAPHIC SCALE: 1"= 60' _NOTES SEE SHEET 2 FOR BOUNDARY CONTROL,MONUMENT NOTES, SURVEYOR NOTES,AND BASIS OF BEARINGS LOT 3 SEE SHEETS 3-4 FOR LOT DETAILS LIP� / '��( ,9•�gt OPEN SPACE SEE SHEETS 5 FOR DETAIL OF EXISTING EASEMENT© 1�bo��y/ V �, SEE SHEETS 7-8 FOR PROPOSED EASEMENT DETAILS - /' z n OT 3NIS 1aj� err f p=i y` i EA <�D t7�7AiL � ��r \ `OPEN \ / °�� ��y�� \ s �. SPA In, " ,�' EaSEMEflS f yaf J\ Xa� O/{ \ EXISTING EASEMENT NOTES QA AN EASEMENT IN FAVOR OF SO CALIFORNIA EDISON CO FOR PUBLIC UTILITIES PER INSTH 138285 REC OCTOBER 25,1974 (SEE DETAIL OF EASEMENT HEREON) Q AN EASEMENT IN FAVOR OF SO CALIFORNIA EDISON CO. 9 \ FOR OVERHEAD&UNDERGROUND ELECTRICAL SUPPLY SYSTEM PER INST#131889 REC DECEMBER 29,1969 AN EASEMENT IN FAVOR OF SO CALIFORNIA EDISON CO (]p�•,Z *\ y 1 4 LOT 4 TO CONSTRUCT,USE,MAINTAIN,REPAIR,RENEW,REPLACE, RECONSTRUCT,AND/OR IMPROVE A ROADWAY IN,ON, \ SPA OVER,AND ACROSS PER INSL#84456 REC JULY 25,1967 \ti icy O LEER OFODPURPOSESEASEMENT NOFGRESS AND ESS PER NSTJ 2007-0347270 SEC,MAY 25,2007. A RICJIT OF WAY FOR TELEPHONE POLES AND ANCHORS 1 AND THE RIGHT TO KEEP THE SAME FREE FROM FOLIAGE, OVER BLOCKS 1,2,18,19,22,&23 OF PAUBA LAND '0' AND WATER COMPANY'S SUBDIVISION OF PARCEL 1, qCONVEYED TO THE PACIFIC TELEPHONE,AND TELEGRAPH COMPANY BY DEED REC,SEPTEMBER 21,1917 IN BOOK 470.PAGE 14 OF DEEDS(NOT PLOTTABLE) \ \ * at D AN EASEMENT IN FAVOR OF SO,CALIFORNIA EDISON CO FOR PUBLIC UTILITIES PER INST.,q 2015-0345818 REC AUGUST 4,2015 (SEE SHEETS 3&4 FOR DETAIL OF EASEMENT) AN EASEMENT IN FAVOR OF RANCHO CA{1FORNU WATER DISTRICT FOR PUBLIC UTILITIES PER 17019-0340772 REC.SEPTEMBER 1,2015 (SEE SHEETS 3&4 FOR DETAIL \ \ \ \ \ 1 OF EASEMENT) \\ 1 \ \\ LOT 1 \ t � LEGEND \ \ \ ♦`�s\ 1 ------- EA9I IES RESIPoCIEO ACCESS ASEMEHi UNE \ o i LOT OPEN SPACE ——— �� El t rr� R,gsNod L' F � 1 btl5 �y3�8 Y - f 1 \ 1 \ LOT 3 \ OPEN SPACE \ �yt►`� Mg pCT/42352 61 B \ 3 M n 714 4 � ` I SHEET 7 OF 8 SHEETS TRACT MAP N0. 33584 AREA 7 24 ACRES GROSS (BEING A I OF TENTATIVE TRACT IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA MAP NO ]7504) a NUMBERED BEING A SUBDIVISION OF PARCEL 3 OF PARCEL MAP NO 21014 FILED IN BOOK 133, PAGES 13 59 CONDOMINIUMUM UNITS DATE OF suever:FEBRUARY 3,zma AND 14 OF PARCEL MAP;, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SDH & ASSOCIATES, INC. FOR CONDOMINIUM PURPOSES CURVETABLE FOR EASEMENT LINES PROPOSED EASEMENT DETAILS CURVESURVE# DELTA RADIUS LENGTH CIS 74'37'17" 17.00' 2212' 40' 0' 20' 40' 80' 120' C16 39'26'31' 2091' 1940' GRAPHIC SCALE: 1" = 40' CI7 90'00'00" MOT' 1728' C18 90'00'00" 14.00' 21.99' G19 301718` 2450' 1559' ppm C20 21'07'56" 36,43' 13 44' S..�14^_�wr� � NT NIMS C21 58'55'15' 20,50' 2084' Q A'PRIVATE EASEMENT FOR CHANNEL ACCESS PURPOSES" RETAINED HEREON C22 47'51'07" 22,15' 1696' C23 14'39'51' 71.12' 796' AN EASEMENT FOR PUBLIC UTILITY AND EMERGENCY VEHICLE ACCESS PURPOSES DEDICATED TO THE PUBLIC C24 70'1118' 29.00' 1533 HEREON l C25 46'40'14" 21 00' 17 11' (2) A"PRIVATE EASEMENT FOR DRAINAGE PURPOSES" / RETAINED HEREON NOTES: SEE SHEET 2 FOR BOUNDARY CONTROL,MONUMENT NOTES,SURVEYOR NOTES,AND BASIS OF BEARINGS SEE SHEETS 3-6 FOR ADDITIONAL EXISTING EASEMENT DETAILS AND LOT DETAILS 9�1 V Vii NO1'T1'm.w LOT 3 OPEN SPACE � S ti LOT A �w i`DF EiV A4' 5, \ \ LOT 4 0 0, x7Y{YJ6V \ OPEN SPACE �4 v;7 qy a x.01 Z24 '" 6 eo 1 \„ \' a 'B..' \ a \fir 1 + ,+F LOT 1 ! ! \p LOT 3 !. SM T 8 v OPEN SPACE +a G lr SHEET 8 OF 8 SHEETS TRACT MAP N0. 33584 AREA: 7 24 ACRES GROSS (BEING ALL OF TENTATIVE TRACT IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA MAP NO,33584) 4 NUMBERED LOTS BEING A SUBDIVISION OF PARCEL 3 OF PARCEL MAP NO 21014 FILED IN BOOK 133, PAGES 13 59 CONDOMINIUM UNITS DATE OF SURVEY:FEBRUARY 3,2014 AND 14 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SDH & ASSOCIATES, INC. CURTIS C STEPHENS, L S. 7519 FOR CONDOMINIUM PURPOSES -N- PROPOSED EASEMENT DETAILS j 40' o' 20' 400' 80' 120' GRAPHIC SCALE: 1" = 40' CURVE TABLE FOR EASEMENT LINES CURVE# DELTA RADIUS LENGTH PROPOSED EASEMENT NOTES C26 7433'56" 17.00' 2212' © A"PRIVATE EASEMENT FOR CHANNEL ACCESS PURPOSES' RETAINED HEREON C27 105'26'04" 7,00' 12.88- C28 74'33'56"LitW 14.32' (D AN EASEMENT FOR PUBLIC UTILITY AND EMERGENCY VEHICLE ACCESS PURPOSES DEDICATED HEREON Q A"PRIVATE EASEMENT FOR DRAINAGE PURPOSES" RETAINED HEREON NOTES SEE SHEET 2 FOR BOUNDARY CONTROL,MONUMENT NOTES,SURVEYOR NOTES,AND BASIS OF BEARINGS SEE SHEETS 3-6 FOR ADDITIONAL EXISTING EASEMENT DETAILS AND LOT DETAILS SEE SHEET 7 °•� �a RT3b~ ,�o. LOT 1 - 1 *5, p18VA1E SW d 45R _ Z14.5w A H1eC�15�,- w t ey sw N27'25'03'W \ ydyy^[ R it Y 10.00' y-�?4yys} R14L IGL°a. y17W z LOT 3 �ppEE gSP_ - ;� ` OPEN SPACE RpNtrH� ? y � � t \ 1 Item No . 17 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: May 23, 2017 SUBJECT: Receive and File Temporary Street Closures for 2017 Summerfest Events PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2017 Summerfest Events: TEMECULA ART & STREET PAINTING FESTIVAL 4Th OF JULY PARADE 4Th OF JULY FIREWORKS SHOW BACKGROUND: Three special events scheduled for June and July 2017 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 protect participants and viewers. The three events and the associated street closures are as follows: 1) TEMECULA ART & STREET PAINTING FESTIVAL—June 9th, loth, and 11th The Temecula Art & Street Painting Festival will be held June 91h, 10th, and 11th, at the Town Square with street closures scheduled as follows: Main Street 12:00 p.m. on Thursday, June 8th from the easterly driveway edge of 28636 Old to Town Front Street at Rosa's Cantina to 7:00 p.m. on Sunday, June 11th Mercedes Street Mercedes Street 12:00 p.m. on Thursday, June 8th between Fourth Street and Third Street to 7:00 p.m. on Sunday, June 11th The street closure location for the Temecula Art & Street Painting Festival event is shown on Exhibit "A" attached hereto. 2) 4th of JULY PARADE —July 4th The annual City-Sponsored 4th of July Parade event requires the closure of entire streets and portions of streets in the Old Town area on July 4, 2017, 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 Stampeded Restaurant parking lot and Second Street. The Police Department will determine 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 4th of July Parade will be held in Old Town with street closures scheduled as follows: Old Town Front Street 6:00 a.m. to 12:00 p.m. between Second Street and Third Street Old Town Front Street 6:00 a.m. to 9:00 a.m. from Moreno Road (S) to Third Street (northbound closure only) Old Town Front Street 9:00 a.m. to 12:00 p.m. from Moreno Road (S) to Second Street Moreno Road 10:00 a.m. to 12:00 p.m. Mercedes Street 9:45 a.m. to 12:00 p.m. From Moreno Road to Second Street (southbound closure only) 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 7:00 a.m. to 12:00 p.m. East of Old Town Front Street Fourth Street 9:00 a.m. to 12:00 p.m. West of Old Town Front Street Fifth Street 9:00 a.m. to 12:00 p.m. Sixth Street 9:00 a.m. to 12:00 p.m. Street closures for the 4th of July are shown on Exhibit `B' attached hereto. 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 8:00 a.m. to 12:00 a.m. from Margarita Road to Showalter Road Calle Venture 8:00 a.m. to 12:00 a.m. Calle Camellia 8:00 a.m. to 12:00 a.m. Margarita Road 7:00 p.m. to 10:00 p.m. between Rancho Vista Road and Pauba Road Street closures for the 4th of July Fireworks Show are shown on Exhibit `C' 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 events. FISCAL IMPACT: The costs of police services, as well as services provided by the City Public Works Maintenance Division (for providing, placing and retrieving of necessary warning and advisory devices), are appropriately budgeted within the City's operating budget. ATTACHMENTS: 1. Exhibit `A' — Temecula Art & Street Painting Festival Street Closure 2. Exhibit `B' —4th of July Parade Street Closure 3. Exhibit `C' —4th of July Fire Works Show Street Closure c ` 15 .c. ce9px � - r 0,11 TEMECULA ART & STREET PAINTING FESTIVAL (MAIN STREET AND MERCEDES STREET) THURSDAY, JUNE 8 TH, 20/7 TO LEGEND SUNDA Y, JUNE HTH, 20/7 STREET CLOSURE BARRICADE EXHIN T 'Al 4'" OF JULY PARADE civic CENTER "A Cyt, MERCEDES ST r•. Ot- 1� x � tvRodeway Ar Fk O n w © r Inn w Nr FLNISH +1 START � Stampede Old Town 'I'heata• Children's Museum ' ■ I,1, [� H x h PUJOL ST Le gen d �,,nG��. ■ � Parade Route � Judging Announcer 4f°���� 0�2 Staging Parking Public ■i m Restrooms De-staging Equestrian Staging Portable Restrooms ooti�c EXHIBITS' 4th of July Fireworks Show RANCH �k '9 PAUBA DND yv M m .< n m z 3 c r x� r v � � STREET CLOSURES VICINITY MAP NOT TO SCALE EXHIBITC _ STREET CLOSURE Item No . 18 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 2017 SUBJECT: Approve the Conversion of the Old Town Temecula Street Lights to LED and Approve an Appropriation from the TEEM (Temecula Energy Efficiency Management) Fund PREPARED BY: Bruce Wedeking, Maintenance Superintendent RECOMMENDATION: That the City Council: 1. Approve the Conversion of the Old Town Temecula Street Lights to LED; 2. Approve an Appropriation in the amount of $40,000 from the TEEM (Temecula Energy Efficiency Management) Fund. BACKGROUND: Currently Old Town Temecula street lights are using a 60 watt high pressure sodium system. These bulbs produce a monochromatic orange light. This light greatly inhibits color vision at night. When this light was installed over seventeen years ago in Old Town, it was the industry standard for street lighting. Today LED lighting is quickly becoming the choice for most lighting applications. The white light of the LED has a greater color rendering capability. The LED conversion will allow a person to see all colors clearly. This will give a much crisper and brighter look to Old Town. It will provide visitors with a safer and more attractive environment. The LED conversion will consist of installing a 27-watt bulb in each fixture. The 3,000K color temperature of this bulb is compliant with Palomar Observatory requirements. A demonstration of this type of lighting was presented to the Old Town Local Review Board on May 8, 2017, with a favorable response. The installation of new LED light fixtures does not result in the expansion of the use and, therefore, meets the definition for a Categorical Exemption pursuant to CEQA Guidelines, Section 15301 Class 1(c), Existing Facilities. Energy savings is the other factor when converting to LED. The conversion will cut electric use by 50% while delivering a brighter look. It provides a payback in less than three and one-half years. Staff recommends funding this project from the TEEM Fund. These funds have been generated over recent years from Edison and Gas Company rebates as a result of various energy efficiency projects. FISCAL IMPACT: Adequate funds are available in the TEEM Fund. ATTACHMENTS: None Item No . 19 Approvals City Attorney A'� Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: May 23,2017 SUBJECT: Establish All-Way Stop Controls at the Intersections of Amarita Way and Pio Pico Road, and Montelegro Way and McCabe Drive PREPARED BY: Jerry Gonzalez, Associate Engineer- Traffic RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ESTABLISHING ALL-WAY STOP CONTROLS AT THE INTERSECTIONS OF AMARITA WAY AND PIO PICO ROAD, AND MONTELEGRO WAY AND MCCABE DRIVE BACKGROUND: A request was received from the Paloma Del Sol Homeowners Association, Board of Directors, and President to consider the feasibility of implementing all-way stop controls at four intersections located on Amarita Way and Montelegro Way to provide right- of-way assignment for vehicles and pedestrians. The intersections are Pio Pico Road, Santiago Road, McCabe Drive and Leena Way. In March 2017, vehicular volume data was collected at the four intersections and a review of conditions was performed, which included an evaluation of sight distance, collision history, and completion of a multi-way stop warrant analysis. Since the Amarita Way/Montelegro Way loop essentially functions as a residential collector roadway, the Multi-Way Stop Sign Installation Policy for Residential Streets warrant criteria was used to evaluate the need for multi-way stop signs at the four intersections. The multi-way stop warrant analysis found that volumes fall below the minimum threshold at three of the four intersections, and multi-way stop controls would not be justified. However, the Policy provides the flexibility to consider multi-way stop signs at locations where a need exists to provide right-of-way control to eliminate conflicts between vehicles and pedestrians. The optional criteria indicates there is justification for right- of-way control provided by multi-way stop signs at the intersection of Montelegro Way and McCabe Drive to reduce vehicle/pedestrian conflicts associated with the marked school crosswalk at the intersection. The warrant analysis also indicates that multi-way stop signs are justified at the intersection of Amarita Way and Pio Pico Road. The results of the warrant analysis were presented to the Public/Traffic Safety Commission at their meeting of April 27, 2017. The Commission approved the recommendation (4-0-1) that the City Council adopt a resolution establishing all-way stop controls at the intersections of Amarita Way and Pio Pico Road, and Montelegro Way and McCabe Drive. FISCAL IMPACT: Adequate funds are available in the Public Works Traffic Division's Fiscal Year 2016-17 Annual Operating Budget to install signs and associated pavement markings. ATTACHMENTS: 1. Resolution 2. Location Map RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ESTABLISHING ALL-WAY STOP CONTROLS AT THE INTERSECTIONS OF AMARITA WAY AND PIO PICO ROAD, AND MONTELEGRO WAY AND MCCABE DRIVE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council has considered the facts justifying the need for stop signs at the locations described in this resolution. A. The City Council hereby finds and determines the installation of stop signs pursuant to this resolution will enhance public health, safety, and general welfare at the intersections. B. The City Council hereby finds the proposed stop signs will not create any adverse conditions in the area. Section 2. Pursuant to Section 10.12.100 of the Temecula Municipal Code, the following All-Way Stop intersection is hereby established in the City of Temecula. Amarita Way and Pio Pico Road Montelegro Way and McCabe Drive PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2017. Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of May, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Q w w � W W F Z Q O Q > O Q Z CO O p J o O W (6 C Z Q U' LD W N 2 ( w a, OU W w LL of r W ¢ p I U Q p W cn C O U) O O O o A w ¢ O LL U O T = z z O O O 00 'Q O v z O p 2 O i N Y L ami a = MEN I U) a coo = a U co 0 N � O -i ❑I L Z it' _ i STT0.2 N T Q CL m Z ¢ _ Y M o • Aid } m Q O Li CD C w I y I y r y p m ,}} o m O 0-0 0 � �► 'r CLCOw 74 or co 0 T An w tcoo Z - H • . Ike- � + '�4F— * 1'•. lA I LL c� t o Y Op r 47 F r CCD) ►. - "� r..... 1!m r r 1'.i'�' °_ "+ ter-`r.;' °_ yr � 2-1 i IV Q { } r C Q w JL TEMECULA COMMUNITY SERVICES DISTRICT CONSENT Item No . 20 ACTION MINUTES May 9, 2017 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District meeting convened at 7:37 PM CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero CSD PUBLIC COMMENTS CSD CONSENT CALENDAR NOTICE TO THE PUBLIC 11 Approve the Action Minutes of April 25, 2017 - Approved Staff Recommendation (5-0) Director Edwards made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors Edwards, Naggar, Rahn, Stewart and Comerchero. RECOMMENDATION: 11.1 That the Board of Directors approve the action minutes of April 25, 2017. 12 Approve Annual Agreements for Services for Various Community Services Department Events, Classes, Programs and Activities for Fiscal Year 2017-18 - Approved Staff Recommendation (5-0) Director Edwards made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors Edwards, Naggar, Rahn, Stewart and Comerchero. RECOMMENDATION: 12.1 That the Board of Directors approve the following annual agreements for services for various Community Services Department events, classes, programs and activities for Fiscal Year 2017-18: BAMM Promotional Products, Inc. $40,000 Event/program promotional items Anthony J. Moramarco $50,000 Event/program services dba Bigfoot Graphics Nicholas Tierce $50,000 Graphic design and videography Timmy D' Productions, Inc. $80,000 Entertainment/technical services Valley Events, Inc. $50,000 Entertainment/event rentals CSD Action Minutes 050917 1 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:39 PM, the Community Services District meeting was formally adjourned to Tuesday, May 23, 2017, 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, President ATTEST: Randi Johl, Secretary [SEAL] CSD Action Minutes 050917 2 Item No . 21 Approvals City Attorney /411 VI, Finance Director City Manager (Sr TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: May 23, 2017 SUBJECT: Approve the Agreement with Greg and Lauren Stiles dba The Shortstop for Concessionaire Services at Patricia H. Birdsall Sports Park PREPARED BY: Mylene Waterman, Senior Administrative Assistant RECOMMENDATION: That the Board of Directors approve an Agreement with Greg and Lauren Stiles dba The Shortstop for Concession Services at Patricia H. Birdsall Sports Park. BACKGROUND: The Shortstop has satisfactorily provided concessionaire services at Patricia H. Birdsall Sports Park's food concession area since July 2012. The snack bar is open Monday-Friday from 2:30 p.m. - 8:30 p.m. and on weekend tournament days from 8:00 a.m. —8:00 p.m. Menu items include a variety of burgers, hot dogs, corn dogs, chicken tenders, nachos, fries, non-alcoholic beverages, snacks and ice cream with pricing ranging from $1.00 - $9.00. The Shortstop has abided by City requirements and terms and has proven to be a reliable vendor for patrons of the PHBSP. The TCSD desires to continue this mutually beneficial service. FISCAL IMPACT: Revenue generated is 10.25% of gross sales. Over the past four years, The Shortstop has generated between $13,000 - 15,000 in annual revenue for the City. ATTACHMENTS: Agreement CONSESSION SERVICES AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND GREG AND LAUREN STILES dba THE SHORTSTOP This Concessionaire Services License Agreement ("Agreement") is made and entered into this 23rd day of May 2017, between the Temecula Community Services District, a Community Services District (hereinafter referred to as "District") with facilities and offices located at 32380 Deer Hollow Way, Temecula, California, and Greg and Lauren Stiles dba The Shortstop a California nonprofit corporation, (hereinafter referred to as "Concessionaire"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECITALS This Agreement 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. The City is the owner of certain real property in the City of Temecula generally known as the Patricia H. Birdsall Sports Park Food Concession Area located at 32380 Deer Hollow Way, Temecula, California, and identified as Assessor's Parcel Number 962-010-008 ("Subject Property"). B. The "Subject Property" is described and depicted in Exhibit A, which is incorporated herein by this reference as though set forth in full. C. Concessionaire, under Agreement with the City, has provided satisfactorily the sale of high quality food and beverages at the Patricia H. Birdsall Sports Park from the Food Concession Area since 2012. D. Both parties now desire to enter into a new contract to continue the provision of Concessionaire services at Patricia H. Birdsall Sports Park. E. At the agreement of both parties, the City may also arrange for Concessionaire to provide the sale of high quality food and beverages at sporting events located at other City facilities during the term of this Agreement. F. This Agreement to provide the terms and conditions upon which Concessionaire shall use the Subject Property described below. 2. DEFINITIONS As used in this Agreement the following words and phrases shall be defined as follows: A. "City Supplied Equipment" shall mean the equipment provided by the City for the operation of the food and beverage sales operation as described in Exhibit B, City Supplied Equipment. 1 B. "Concessionaire Supplied Equipment" shall mean such equipment as is necessary for the providing of food and beverage sales as required by this Agreement, beyond those items identified as City Supplied Equipment in Exhibit B. C. "General Manager" shall mean the General Manager of the Temecula Community Services District or his/her designee. D. "Food Concession Area" shall mean that portion of the Patricia H. Birdsall Sports Park designated as the food concession area which is described and depicted on Exhibit A, Description and Depiction of Subject Property. E. "Gross Receipts" is hereby defined to mean receipt of all sales from all items sold by concessionaire at the Patricia H. Birdsall Sports Park and at any other City facility. Gross receipts shall include all cash and other things of value received by concessionaire for all items sold by the concessionaire. Gross receipts shall not include deductions from franchise, capital stock or other taxes based upon income or profits. No deduction shall be allowed for uncollected or uncollectible installment or credit accounts. However, sales taxes pursuant to Section 7200 et seq of the Revenue and Taxation Code shall not be included in Gross Receipts. F. "Subject Property" shall mean the Patricia H. Birdsall Park located at 32380 Deer Hollow Way, Temecula, California. 3. RIGHT TO USE SUBJECT PROPERTY City hereby grants a concessionaire services license to Concessionaire to use the Subject Property, in accordance with and subject to the terms and conditions of this Agreement. 4. PAYMENT TO THE CITY A. In consideration of the services provided by Concessionaire, Concessionaire shall pay the City a commission in the amount of 10.25% of Gross receipts from its sales pursuant to this Agreement. Said sum shall be paid to the City within ten (10) calendar days following the end of each calendar quarter. B. Concessionaire shall maintain a system of books and records in accordance with generally accepted accounting principles showing all Concessionaires' revenues received in connection with the sales of food and beverages pursuant to this Agreement. The General Manager shall review and approve the system of books and records and shall be authorized to require the preparation and maintenance of additional accounting records and reports. Said records shall be kept for not less than three (3) years after the expiration of the term of this Agreement and any extensions thereof. City and its authorized agents may inspect or audit such books and records at any time during regular business hours upon one (1) business day's notice. If a City audit uncovers an underreporting of Gross Receipts in the amount of five percent (5%) or more during a one-year period, Concessionaire shall pay the City's costs in performing the audit. C. Prior to the commencement of the term of this Agreement, Concessionaire shall provide the City with a check for One Thousand Dollars and No Cents ($1,000.00) which will be deposited into a non-interest bearing account. If Concessionaire defaults in payments to the City or any of the terms, provisions, covenants and conditions of this Agreement, City may use, apply, or retain the whole or any part of this security for any payment due to the City of any 2 expenses or payment in default or for any other sum which the City may spend or be required to spend by reason of Concessionaire's default. The security deposit or any balance remaining of the security deposit, less any deductions per this subsection, shall be returned to Concessionaire, without interest, within fourteen (14) days of the termination or expiration of this Agreement. In the event City uses part of all of the security deposit as provided herein, Concessionaire shall replenish the security deposit in the amount used within ten (10) days of notice from City. City may require at any time that the security deposit be increased in proportion to the amount that minimum monthly payment has increased. 5. TERM OF LICENSE A. Duration. The Term of this Agreement shall commence on July 1, 2017 and end on June 30, 2020, subject to the early termination as provided in Subsection B of this Section. 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, 2022. B. Right to Terminate Agreement. Either party may terminate this Agreement for any reason, with or without cause, by providing a ninety (90) day prior written notice of termination to the other party at the addresses shown in Section 20 (Notices). 6. EXCLUSIVE AGREEMENT FOR FOOD AND BEVERAGE SALES AT FOOD CONCESSION AREA Concessionaire shall have an exclusive agreement to provide for the sale of high quality food and beverages from the Food Concession Area in accordance with the terms of this Agreement. The City may, at its sole discretion, request that Concessionaire provide for the sale of high quality food and beverages at City-sponsored sporting events at other City facilities. The City shall provide notice to the Concessionaire no less than one (1) week prior to said requests. The City reserves the right to contract with other food vendors in areas of the Subject Property outside of the Food Concession Area or at other City facilities. 7. FOOD AND BEVERAGE SALES OPERATIONAL REQUIREMENTS In performing the services required by this Agreement, Concessionaire shall comply with the following operational requirements: A. Concessionaire shall provide quality food and beverages at the Food Concession Area during the following hours: (1) Monday through Friday from 2:30 p.m. to 8:30 p.m.; and (2) Saturday and Sunday from 8:00 a.m. to 8:00 p.m. Changes to these hours shall be provided upon the prior written approval of the Concessionaire and the General Manager. General Manager shall approve in writing the Menu and Price Lists, Exhibit C. Concessionaire's prices for food and beverages shall not exceed the prices on this approved list. Concessionaire shall not sell gum, seeds, peanuts, beer, wine or other alcoholic beverages as part of its concession service. Food and beverage price list can be adjusted with the mutual approval of the General Manager and Concessionaire. B. Concessionaire shall at all times faithfully, competently and to the best of its ability, experience, and talent perform all services described herein. Concessionaire shall provide employees to receive all deliveries and be available during all equipment service or maintenance calls that are requested by Concessionaire. Concessionaire shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing 3 similar high quality food and beverage services as are required of Concessionaire in meeting its obligations under this Agreement. C. Concessionaire shall, at its own cost and expense, procure and keep in force during the term of this Agreement all necessary permits and licenses and shall require any subcontractors to have all necessary permits and licenses during the course of the term of the Agreement, including, without limitation: (1) City of Temecula business license; (2) County of Riverside Health Department food handlers permits; and (3) California State Board of Equalization sellers permit. D. Concessionaire shall be responsible for the payment of all applicable taxes for products or services under its control, including without limitation, any possessory interest tax which might be imposed, and for the maintenance of appropriate records showing payment of taxes. Concessionaire shall pay and discharge before delinquency all taxes and assessments, if any, which may be levied during the term of the Agreement as a result of Concessionaire's operations. Concessionaire shall not permit any liens to be asserted against City's property during the term of this Agreement. E. Employees of Concessionaire shall at all times be neatly and cleanly uniformed at no expense to City. The style and colors of uniforms for employees shall be approved by the General Manager. F. Concessionaire shall train and closely supervise all employees so that they are aware of and continually practice high standards of cleanliness, courtesy and service. Concessionaire's employees shall follow all applicable sanitary practices, rules and requirements governing restaurant employees. Concessionaire's employees shall at all times reflect personal cleanliness and neatness. Unkempt and unclean employees will not be tolerated by the City. The City shall provide written notice regarding any unkempt and unclean employees to the Concessionaire. G. Concessionaire's employees shall not, either by act or language, offend or disturb patrons of normal sensitivity during the course of providing services under the terms of this Agreement. Concessionaire's employees shall not interfere with a program or special events presented at the Subject Property or other City facility. The City shall be the sole judge in the determination of such matters. H. To the extent required by law, Concessionaire's employees shall be fingerprinted and undergo the State required background check for working in a public park. I. Concessionaire shall provide an adequate number of personnel to properly service and attend to the patrons. J. Concessionaire shall respond promptly to all complaints from patrons and shall report to City on each complaint and the resolution thereof. If City believes a complaint to be of a serious nature, City shall notify Concessionaire in writing. Concessionaire shall respond to such notification within four (4) calendar days. K. Not less than once each calendar quarter during the first year of the term of this Agreement, the General Manager and Concessionaire shall meet to discuss the operation of the food and beverage services and the financial viability of the operation. 4 L. All promotions with other food vendors or any subcontractors shall be approved in advance and in writing by the General Manager. 8. RESPONSIBILITIES OF CONCESSIONAIRE A. Concessionaire shall use the Subject Property for food and beverage sales and for no other purposes. B. Concessionaire shall maintain City Supplied Equipment (Exhibit B) in good working order. In the event City Supplied Equipment needs repair concessionaire shall contact City. C. Concessionaire shall be responsible for the repair or replacement of City Supplied Equipment damaged or destroyed by the negligent or willful acts of Concessionaire or its employees or agents, excepting normal wear and tear. Concessionaire shall use only licensed appliance repair companies as listed in Exhibit D, which are approved by the City, for any routine maintenance or repairs of the City Supplied Equipment. D. Concessionaire shall provide such equipment as is necessary for providing food and beverage sales as required by this Agreement, except for the City Supplied Equipment as outlined in Exhibit B. At the termination or expiration of this Agreement, the City shall have the option, but not the obligation, to purchase the Concessionaire Supplied Equipment at its then fair market value. E. Concessionaire shall be responsible for providing and equipping the interior of the buildings located on the Subject Property with its own information systems, including but not limited to telephones, facsimile machines, computers, printers, copiers, and other similar types of equipment. Concessionaire shall also be responsible for maintaining such information systems equipment. F. Concessionaire shall maintain the interior of the buildings on the Subject Property in a neat, clean, and safe condition and shall provide custodial services for the interior of the buildings located on the Subject Property. G. Concessionaire shall promptly notify City of any dilapidation or other defective conditions on the Subject Property that require repair. H. Concessionaire shall not make any modifications to the interior or exterior of any buildings located on the Subject Property, nor shall Concessionaire place any storage units on the Subject Property, without the prior written consent by City. I. Concessionaire shall arrange for and be responsible for all other services within the Food Concession Area necessary and convenient for the sales of food and beverages as required by this Agreement, including, but not limited to, telephone and telecommunications facilities and lines, interior pest control and interior custodial services. J. During hours of concession operations, the concession staff shall provide periodic cleaning of the Food Concession Area, including but not limited to picking up of trash and wiping of tables and seating. Concessionaire staff shall clean concession area prior to closing each day. 5 K. Concessionaire shall implement measures to conserve the use of utilities in the buildings located on the Subject Property to the best of Concessionaire's ability. L. All signage for the Concessionaire's food and beverage operation at the Food Concession Area, including sign content, shall be approved in writing by the General Manager or his/her designee prior to placement. The name of the Facility shall be "The Shortstop." M. Concessionaire shall put forth its best effort to ensure that no loitering occurs on the Subject Property after the hours of operation. N. Concessionaire shall keep the Subject Property, including equipment, if applicable, in good order and condition, and shall not damage, depreciate, alter, or misuse the Subject Property, subject to normal wear and tear. O. If Concessionaire damages the Subject Property, Concessionaire shall pay City promptly for all costs necessary to restore and remedy the Subject Property or its equipment to its prior condition. In addition, Concessionaire shall pay City for any damage or injuries to the Subject Property occasioned by Concessionaire's negligence, misuse, or lack of ordinary care. P. Upon termination of this Agreement, Concessionaire shall return the Subject Property in as good as a condition and repair as the Subject Property existed as of the date of this Agreement subject to reasonable wear and tear. 9. DEFAULT OF CONCESSIONAIRE A. Concessionaire's failure to comply with the provisions of this agreement shall constitute a default. B. If the General Manager determines that Concessionaire is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Concessionaire with written notice of the default. Concessionaire shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Concessionaire 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 or suspend 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. C. In the event the General Manager determines that Concessionaire's default poses an immediate risk to the health or safety of patrons of the park, the Food Concession Facility or the public, he may suspend the Agreement without prior written notice to Concessionaire. Upon such immediate suspension, the General Manager shall initiate the default procedures set forth in this Section. D. The City and Concessionaire agree that waiver by the City or Concessionaire of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. 6 10. RESPONSIBILITIES OF CITY A. City shall provide equipment for the operation of the food and beverage sales operation as described in Exhibit B, City Supplied Equipment. B. City shall be responsible for all maintenance and repairs of City Supplied Equipment described in Exhibit B, City Supplied Equipment. C. City shall review and approve the routine cleaning and Maintenance Schedule of the City Supplied Equipment, in accordance with applicable law and standard commercial food handling practices in Exhibit E. D. City shall replace items of the City Supplied Equipment when the equipment cannot be repaired; provided, however, Concessionaire shall be responsible for the repair or replacement of City Supplied Equipment damaged or destroyed by the negligent or willful acts of Concessionaire or its employees or agents, excepting normal wear and tear. E. City shall be responsible for the costs of utilities, including but not limited to water, gas, electricity, security systems and exterior pest control for the Subject Property. 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. Minimum Scope of Insurance. Coverage shall be at least as broad as: i. Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. ii. 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. iii. 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: i. 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. ii. Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 7 iii. 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 8 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. INDEMNIFICATION Concessionaire 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 Concessionaire's negligent or wrongful acts or omissions arising out of or in any way related to Concessionaire's use or occupancy of the Subject Property, the performance of or in connection with this License Agreement. 13. EXCLUSIVE CONTROL The City reserves the exclusive right to control and/or to limit access to the Subject Property at all times. 14. LEGAL RESPONSIBILITIES Concessionaire shall comply with all rules and regulations governing the use and occupancy of the City and with applicable Federal, State and local laws, ordinances and regulations. If Concessionaire fails to comply with such rules and regulations, the City has the right to immediately cancel this License Agreement without notice to Concessionaire, such cancellation being effective as of the time and date of such noncompliance. 15. CITY'S RESERVATION OF RIGHT OF ENTRY The City, through its management staff or any other authorized representative of the City, shall have the right to enter the Subject Property at all times during the period covered by this License Agreement in order to insure compliance with this License Agreement. 16. LIENS Concessionaire shall not directly or indirectly create or permit to be created or to remain any mortgage, lien, encumbrance, charge or pledge of the Subject Property. Concessionaire shall defend, indemnify and hold City harmless, pursuant to Section 12 (Indemnification), from any liens that may attach to the Subject Property or to the Subject Property arising from the use of the buildings on the Subject Property. 17. USE RESTRICTIONS Concessionaire agrees to maintain the Subject Property in a clean and neat condition, free and clear of garbage, weeds, and debris. No dumping, storage of hazardous or toxic waste, nor the maintenance of any nuisance, public or private, shall be permitted. 9 18. 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 written notice to the other party. 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 Concessionaire: Greg and Lauren Stiles The Shortstop 43523 Modena Drive Temecula, CA 92592 19. ASSIGNMENT Concessionaire shall not assign its interest in this Agreement or in the Subject Property to any person or entity without first obtaining the General Manager's written consent. Any assignment without the General Manager prior written consent shall be voidable and, at the General Manager's election, shall constitute a default. 20. INDEPENDENT CONTRACTOR The relationship of the parties to this License Agreement shall be that of independent contractors and that in no event shall Concessionaire be considered an officer, agent, servant or employee of the City. The Concessionaire shall be solely responsible for any workers' compensation, withholding taxes, unemployment insurance and any other employer obligations associated with its employees, agents and performers. 21. GOVERNING LAW The parties 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. 10 22. LEGAL RESPONSIBILITIES and NON-DISCRIMINATION The Concessionaire 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 services described in this Agreement. As required by law, the Concessionaire hereby covenants that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the use, occupancy, tenure or enjoyment of the Subject Property or operations of the activities thereon, nor shall the Concessionaire establish or permit any such practice or practices of discrimination or segregation. The Concessionaire 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 Concessionaire to comply with this section. 23. ENTIRE AGREEMENT This Agreement is the entire agreement and understanding between the parties with respect to the subject matter of this License Agreement and this License Agreement supersedes any representations, or previous agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this License Agreement. Any modifications of this License Agreement will be effective only if it is in writing and signed by the parties hereto. 24. AUTHORITY TO EXECUTE AGREEMENT Concessionaire has expressly authorized the execution of this License Agreement on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint ventures, insurance carriers, and any others who may claim through it to this License Agreement. The person executing this Agreement on behalf of the Concessionaire warrants and represents to the City that this Agreement has been duly approved by the Concessionaire and that all applicable notices and procedures were complied with and that he is duly authorized by the Concessionaire to execute this Agreement on behalf of the Concessionaire and has been duly authorized to do so. 11 IN CONCURRENCE AND WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES GREG AND LAUREN STILES DISTRICT dba THE SHORTSTOP (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, TCSD President Greg Stiles, Owner ATTEST: By: By: Randi Johl, Secretary Lauren Stiles, Owner APPROVED AS TO FORM: By: Peter M. Thorson, General CONSULTANT Counsel Greg and Lauren Stiles The Shortstop 43523 Modena Drive Temecula, CA 92592 (951) 314-6259 Greg Stiles (951) 541-6750 Lauren Stiles Stileslauren(&-hotmail.com PM Initials: L� Date: 12 �I I a4: � '� ., ,. n h P�., -r e i� , ` a �� �� w. }, � � �� � � -t � :r_ . ,� _- —... ., ~..� �. -_ ' - � � __ �: � � � j, j� � ..� - k' �, � � � ��� � . P. +%�L .o �� ��+. rz� ! �� �' s' i�� � `� �� � s'� .. � �+' �� - _- � ,. ,� ' � � �, � /f '._ _ f� '`-a�i .. �� ---- — EXHIBIT "B" CITY SUPPLIED EQUIPMENT Commercial Refrigerator (reach-in) Commercial Freezer (reach-in) Ice Machine Restaurant Range with Oven Commercial Fryer Three (3) Compartment Sink Preparation Sink Janitorial Floor Sink Commercial Hot Water Heater Hand Sink 14 EXHIBIT "C" MENU AND PRICE LIST Breakfast Items Breakfast Sandwich $3.50 - Croissant, Egg, Cheese, Sausage French Toast Sticks $3.00 Bagel/Cream Cheese $3.00 Assorted Pastries $2.00 Oatmeal $2.00 Burgers Hamburger $5.00 Hamburger Combo $8.50 - Hamburger, Fries, Drink Cheeseburger $5.50 Cheeseburger Combo $9.00 - Cheeseburger, Fries, Drink Turkey Burger $5.00 Turkey Burger Combo $8.50 - Turkey Burger, Fries, Drink Hot Dogs/Mini Corn Dogs Hot Dogs $3.50 Add Chili + .50 Add Cheese + .50 Hot Dog Combo $6.00 - Hot Dog, Chips, Drink Mini Corn Dogs $4.00 Mini Corn Dog Combo $6.00 - Corn Dogs, Fries, Drink Chicken Chicken Tenders $5.00 Chicken Tender Combo $8.00 - Chicken, Fries, Drink French Fries/Tater Tots Fries $3.50 Tater Tots $4.00 Add Cheese +.50 Add Chili +.50 Add Bacon +.50 15 Nachos Nachos $3.50 Add Chili +.50 Add Bacon +.50 Drinks Canned Soda $1.00 Bottled Soda $2.00 Bottled Water -Small $1.00 Bottled Water -Large $2.00 Arizona Tea $2.00 Powerade - Small $2.00 Powerade - Large $3.00 Monster $3.00 Coffee/Hot Chocolate: Small $1.50 Large $2.50 Juice $1.50 Slushie $2.00 Snacks Assorted Candy $1.25 Chocolate Candy $1.50 Granola Bars $1.25 Famous Amos Cookies $1.25 Tiger Milk Bar $1.50 Slim Jims $1.50 Red Vines Licorice $2.00 Big Texas Cinnamon Roll $2.00 Donuts $2.00 Fresh Whole Fruit $1.00 Ice Cream Icee's $1.50 Snickers $2.00 Fat Boy Sandwich $2.00 It's It Sandwich $2.00 Outshine Fruit Bar $2.00 Helados $2.00 Haagen Dazs $2.00 Choco Taco $2.00 Healthy Choice Fudge Bars $2.00 Banana Babies $2.50 Dippin Dots $4.00 16 Additional Items Chips $1.25 Cup of Noodles $2.00 Soft Pretzel $2.50 Bowl of Chili $3.50 Yogurt $1.50 HOURS OF OPERATION: Monday — Friday 2:30 p.m. — 8:30 p.m. Saturday — Sunday 8:00 a.m. — 8:00 p.m. *Tournament days 17 EXHIBIT "D" LIST OF CITY APPROVED CONTRACTORS Craftsman Plumbing — Kitchen equipment (refer, freezer, ice maker, fryer, oven, etc.) (951) 676-6638 Diamond Environmental —Grease trap pumping (888) 744-7191 Craftsman Plumbing & Heating — Plumbing repairs and drain line clearing (951) 676-6638 Computer Alter Systems—Alarm monitoring and repair (951) 676-6880 ABM — HVAC maintenance and repair Contact James Egan (858) 279-1300 Wurm's Janitorial Services, Inc. — Facility janitorial services (951) 582-0003 Aztec Janitorial Service— Park restroom services Contact Maricela Grismer (619) 464-3303 This list can be administratively amended upon the mutual agreement between the City and the Shortstop. 18 EXHIBIT "E" MAINTENANCE SCHEDULE District: Annually inspect the roof and remove any accumulated grease. Repair City supplied equipment as needed. Daily removal of trash from the concession eating area. The Shortstop: Daily—Wipe down counters, sweep floor, all trash taken to dumpsters, clean concession eating area periodically throughout the day and prior to end of day. Weekly—Clean mats, floors mopped, filters above fryers will be washed and the grease trap emptied. Freezer and refrigerator will be cleaned out and wiped down. Monthly—The steel cage above the fryer will be cleaned as will ceiling and side walls. Semi-Annually— Routine maintenance service will be conducted on all equipment including coil cleaning and maintenance checks. Concession eating area patio will be power washed and freezer will be defrosted. This list can be administratively amended upon the mutual agreement between the District and The Shortstop. 19 Item No . 22 Approvals City Attorney Finance Director City Manager (S� TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: May 23, 2017 SUBJECT: Approve the Seventh Amendment to the License Agreement with the Temecula Valley Museum, Inc. for Operation of Museum Gift Shop, Wedding Chapel, Courtyard and Concessions Facility PREPARED BY: Tracy Frick, Museum Services Manager RECOMMENDATION: That the Board of Directors approve the Seventh Amendment to the License Agreement with the Temecula Valley Museum, Inc. for Operation of Museum Gift Shop, Wedding Chapel, Courtyard and Concessions Facility. BACKGROUND: The Temecula Valley Museum facility comprises a museum, chapel, concessions facility, and public park. The Temecula Valley Museum is located at 28314 Mercedes Street in Old Town Temecula. It 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 located at 28300 Mercedes Street in Old Town Temecula. The Chapel of Memories is 3,400-square feet, consisting of the former St. Catherine's Church (a historic structure) with an attached fenced courtyard. The adjacent Concessions Facility is also located at 28300 Mercedes Street in Old Town Temecula, is 200 square feet and includes cabinetry, a sink, a refrigerator and a utility closet with sink. 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 sixteen (16) years, they have successfully managed both operations. Proceeds from the gift shop and chapel operations have allowed contributions of items by Temecula Valley Museum, Inc. including exhibit cases, DVD player and monitor, new carpeting, window coverings and furnishings for the Chapel, security cameras and monitors, computers, video transfers, special exhibit receptions, and acquisitions for the Museum's permanent collection including historic books, paintings and motorized vehicles. Temecula Valley Museum, Inc. has also sponsored, on an annual basis, lectures, volunteer recognition brunch, the Summer Explorers program, the printing of High Country Magazine and provided in-kind graphic design and tour services. Most recent donations include educational marketing materials, a pro-bono landscaping plan, and new landscaping in front of the Chapel and in the Chapel Courtyard. This amendment provides the Temecula Valley Museum, Inc. the use of the courtyard and concessions facility adjacent to the Chapel and to hold fundraising events and opportunities. Proceeds from the courtyard and concessions facility will allow for the increased ability to offer additional educational opportunities to the public. The Seventh Amendment to the original agreement will extend the term to June 30, 2020 with the option to extend the term for another two (2) additional one (1) year terms to June 30, 2022. FISCAL IMPACT: In addition to the gifts and services listed above, the Temecula Valley Museum, Inc. returns to the City 10% of net proceeds for each event held at the Chapel. The revenue is included in TCSD's Fiscal Year 2017-18 Annual Operating Budget in the amount of $900. ATTACHMENTS: Seventh Amendment SEVENTH AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA VALLEY MUSEUM, INC. OPERATION OF THE MUSEUM GIFT SHOP, WEDDING CHAPEL, COURTYARD AND CONCESSIONS FACILITY THIS SEVENTH AMENDMENT is made and entered into as of May 23, 2017 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Temecula Valley Museum, Inc. 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 May 25, 1999, the City and Association 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 Shop and Wedding Chapel". b. On July 25, 2000, the City and Association 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 Association 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 Association 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 Association 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 October 23, 2012, the City and Association entered into 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 and to amend the Agreement as set forth in this Amendment. g. On June 23, 2015, the City and Association entered into the Sixth Amendment to that certain Agreement entitled "Sixth Amendment to 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, 2017. h. The parties now desire to extend the term of the agreement to June 30, 2020, add the use of the Courtyard and Concessions Facility (described in Attachment A of this 1 Amendment) for events and concessions sales, and amend the Agreement as set forth in this Amendment. 2. The Title of the Agreement is hereby amended to be "OPERATION OF THE MUSEUM GIFT SHOP, WEDDING CHAPEL, COURTYARD, AND CONCESSIONS FACILITY" 3. Section 1 of the Agreement entitled "RECITALS" hereby amends paragraphs b., d., and e. to read as follows: b. The Property consists of the Temecula Valley Museum, the historic St. Catherine's Church (Chapel of Memories), Courtyard, and adjacent Concessions Facility. Chapel of Memories is a historic building originally constructed in 1917 and restored by the City. While the building has been restored to the decor and style of the 1900s, it is still a fragile historical structure and its restoration has not been designed to accommodate substantial public traffic. d. The City and Association desire to enter into this Agreement to provide the terms and conditions upon which Association will operate a gift shop within the Museum Building, operate Chapel of Memories as a non-denominational wedding and memorial chapel with fenced courtyard, and operate adjacent Concessions Facility for events and concessions sales. e. The area to be used for the Museum Gift Shop, Chapel of Memories, Courtyard and Concessions Facility are designated and described on Exhibit B and shall be collectively known as "Premises." The area of the Museum Gift Shop shall be five hundred eleven (511) square feet. The area of Chapel of Memories and Courtyard shall be three thousand four hundred (3,400) square feet. The area of the Concessions Facility shall be two hundred (200) square feet. 4. Section 2 of the Agreement entitled "GRANT OF LICENSE" is hereby amends paragraph b. to read as follows: 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 Museum Building ("Gift Shop"); offer weddings and memorials (events) in the Chapel of Memories and Courtyard, and operate the Concessions Facility for Chapel of Memories events, park events, and general park use. Association shall not use the Premises for any other uses without the prior written consent of the Director." 5. Section 3 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2020 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 30, 2022. 2 6. Section 4. of the Agreement entitled "LICENSE FEE" hereby amends paragraphs c. and f. as follows: 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 Premises 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 determine that all net revenues are used for the benefit of the Temecula Valley Museum." Association shall keep and secure all records relating to the Premises including but not limited to, cash register and revenue receipts, for three (3) years from the end of the Association's fiscal year in which the record was prepared. 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." f. "Association agrees that all revenues from the Premises shall be used by the Association, in its discretion, to fund the Association's operating expenses, to purchase museum materials, and to fund events, programs, and services, for the benefit of the Temecula Valley Museum. Association and Director shall work cooperatively in the planning of such events, programs and services. Director shall approve such events, programs and services. President of the Association and the Museum Manager will meet periodically to determine where additional Premises revenues may be used to support the Temecula Valley Museum's operations or programs." 7. Section 5 Of the Agreement entitled "USE PERMITS" is hereby amended to read as follows: "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, Chapel of Memories events, or Concessions Facility. 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 Museum either on the Premises or the Property. 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 may obtain a temporary Alcoholic Beverage Control License for the use of the Premises or Property, subject to any conditions imposed in the ABC permit and any permits issues by the City." 3 8. Section 7 of the Agreement entitled "USE OF PREMISES: MERCHANDISE" hereby amends paragraph b. to read as follows: b. "Association shall be authorized to sell merchandise related to the theme of the Museum and Chapel of Memories and agrees that all sales of merchandise and services 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 and condition, upon five (5) days written notice by the Director. For sales tax purposes, the point of sale for all merchandise shall be the Property. City shall also have the right to sell food or beverages on the Premises. Association shall maintain at all items a minimum of ten thousand dollars ($10,000.00) in inventory for the Premises. Upon termination of this agreement the City will purchase the remaining inventory up to a maximum of $10,000 at a wholesale price". 9. Section 22 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: General Manager 41000 Main Street Temecula, CA 92590 Association: TEMECULA VALLEY MUSEUM, INC. Attn: President 28314 Mercedes Street Temecula, CA 92590 10. EXHIBIT B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 11. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 4 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: Jeff Comerchero, TCSD President Kelcey Ann Stricker, President ATTEST: By: Randi Johl, Secretary Mariann Byers, Treasurer APPROVED AS TO FORM: By: Peter M. Thorson, General ASSOCIATION Counsel Temecula Valley Museum, Inc. Kelcey Ann Stricker, President 28314 Mercedes Street Temecula, CA 92590 951-699-3089 Kelcey.ann.stricker@gmail.com PM Initials: Date: L W 5 ATTACHMENT A Incorporated within is added the two hundred (200) square foot space identified in this Seventh Amendment as "CONCESSIONS FACILITY," delineated by cross-hash masks in yellow in the drawing below and referred to as "SNACK FACILITY' within the building referred to as "RESTROOM/SNACK FACILITY." � o { h � Sll N a a n rn Q y Item No . 23 Approvals City Attorney A� Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: May 23, 2017 SUBJECT: Set Public Hearing to Approve TCSD Proposed Rates and Charges for Fiscal Year 2017-18 PREPARED BY: Jennifer Hennessy, Finance Director RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 17- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2017-18 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 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. The TCSD is required to complete an annual levy process which includes adopting a resolution to accept the filing of a report on the proposed rates and charges necessary to provide the following services; noticing each affected property owner in the City; and conducting a public hearing to consider approving the proposed rates and charges. The four current service levels of the TCSD include: 1. Service Level B — Residential Street Lighting. 2. Service Level C — Perimeter Landscaping and Slope Maintenance. 3. Service Level D — Residential Recycling and Refuse Collection. 4. Service Level R— Unpaved Road Maintenance. 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 parcel. 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 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 (2) 5% The Annual CPI change for 2016 was 1.89%. As a result, the following zones will see a slight increase in the rates for Fiscal Year 2017-18. Zone No. and Name 16-17 Rate 17-18 Rate Increase 6 - Woodcrest County $ 105.56 $107.56 $2.00 29 - Gallery Portraits $ 376.80 $383.92 $7.12 3. Service Level D — Residential Recycling and Refuse Service Per the Franchise Agreement with CR&R, the change in CPI and land-fill tipping fees determine the increase/decrease in the annual Service Level D rate and charge. An increase of $2.16 is proposed to the annual rate and charge for Service Level D from $269.60 to $271.76 per residential unit beginning Fiscal Year 2017-18. The increase is due to a CPI increase of 1.89% and a land-fill tipping fee increase of 1.97%, and a decrease of $6.32 to maintain fund balance in Fund 194. 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. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed rates and charges for Fiscal Year 2017-18 and schedule a public hearing concerning these issues for July 11, 2017. Staff will proceed with noticing each affected property owner in the City regarding the proposed rates and charges within a minimum of forty five (45) days prior to the public hearing. FISCAL IMPACT: The revenue generated for the TCSD Fiscal Year 2017-18 rates and charges will fund residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula. ATTACHMENTS: 1. Resolution of Intention 2. Exhibit A — Project Summary RESOLUTION NO. CSD 17- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2017-18 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 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 collected within the TCSD in the same manner prescribed by Government Code Section 61115. The TCSD proposes to continue such rates and charges for the operation, maintenance, servicing and administration of street lights, perimeter landscaping and slope maintenance, refuse collection, and unpaved street maintenance for the 2017-18 Fiscal Year. 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, shall be applicable to these rates and charges, except for the California Revenue and Taxation Code Section 4831. Section 3. Pursuant to Government Code Section 61115, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD. This Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2017-18. 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. The Board of Directors hereby acknowledges the filing of the Report, and appoints the 11th day of July, 2017, at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, located at 41000 Main Street, Temecula, CA 92590, as the time and place for the public hearing on the Report and the proposed rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time. Section 5. The District Secretary is hereby directed to give notice of the filing of the Report and of the time and place of the hearing on the Report pursuant to the requirements of Government Code Section 61115. The District Secretary is further directed to give notice, pursuant to Section 6 of Article XIIID of the California Constitution, regarding any increases proposed in the Report with respect to any of the rates and charges. Section 6. 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 May, 2017. Jeff Comerchero, President ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 17- 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 May, 2017, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, 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 2017-18. 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 2017-18 as follows: SERVICE LEVEL Rate BUDGET Service Level B $984,711 $25.68/SFR* Service Level C $1,466,219 Variable Service Level D $7,916,137 $271.76 Service Level R $9,850 Variable TOTAL TCSD BUDGET $10,376,917 *Single Family Residential The Levy and Collection amounts for all non-exempt parcels within the TCSD for the Fiscal Year 2017-18 are as shown on the Levy Roll on file with the City Clerk/District Secretary. A L B E R T A. r r r r A S S O C I A T E S Preliminary Engineer's Annual Levy Report Fiscal Year 2017-2018 AL- Temecula Community Services District Service Levels 6, C, R and Recycling & Refuse Collection Prepared for: lAaft 1 The Heart of Southern California Wine Country May 2017 You www.webbassociates.com Table of Contents Sections 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 Tables 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 Roll 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 2017-2018. 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 2017-2018. 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 BUDGETSAND LEVY SUMMARY by Service Level 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 the District charges. SECTION 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) Preliminary Engineer's Annual Levy Report for Fiscal Year 2017-I8 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 were 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 costs 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) Preliminary Engineer's Annual Levy Report for Fiscal Year 2017-I8 i. Engineer's Statement Now,THEREFORE, 1, the appointed ENGINEER, acting on behalf of the Temecula Community Services District, pursuant tothe-CSD Law",dohereby submit the following: The District requested Albert A. Webb Associates, to prepare and file an Engineer's Levy Report for Temecula Community Services District (Levels 8, [ R and Refuse/Recycling Collection) pursuant to the Government [ode 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, [, 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 ofIntention. 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 ofDirectors ofthe Temecula Community Services District. +l Executed this j day of 2017. ALBERTA.VVEBRASSOCIATES rn NO, 37385 MATTHEW E.VVEB8 PROFESSIONAL CIVIL ENGINEER NO.37385 ENGINEER OFWORK CITY OFTEK0E[ULAAND THE TEK8ECULACOMMUNITY SERVICES DISTRICT STATE OFCALIFORNIA Final approval,confirmation and levy of the annual assessments and all matters in the Engineer's Report were made onthe day of ZO17, byadoption ofResolution No. bythe Board of Directors. --------- CITY CLERK CITY OFTEK4ECULA STATE OFCALIFORNIA 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 '2017. CITY CLERK CITY OFTEK8ECUL4 STATE OFCALIFORNIA Temecula Community Services District(Service Level A C R and RefimelRecycling Collection) vumu � mEngineer's a*v/mu/er/x� Fiscal Year* |iii 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 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) Preliminary Engineer's Annual Levy Report for Fiscal Year 2017-18 2. Budgets and Levy Summary The budgets for each Service Level are shown in Table 2-1. 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 in 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 Set-vices District(Service Level B, C,R and Refuse/Recycling Collection) 2 Preliminary Engineer's Annual Levy Report for Fiscal Year 2017-18 2. Budgets and Levy Summary Table 2-1 Operating Budget Department Summary for the Fiscal Year Ending June 30, 2018 Total Budget Item No. District PERSONNEL Services I $17,211 $72,578 $116,772 $0 $206,561 Subtotal Personnel Services $17,211 $72,578 $116,772 $0 $206,561 OPERATIONS MAINTENANCE 5200'S Repair&Maintenance Facilities 5212 $0 $62,965 $0 $0 $62,965 Office Supplies 5220 $0 $0 $0 $0 $0 Printing 5222 $0 $0 $0 $0 $0 Election Costs(Offset by Developer Deposits) 5225 $0 $0 $0 $0 $0 Dues and Memberships 5226 $0 $0 $6,000 $0 $6,000 Postage and Packaging 5230 $0 $0 $0 $0 $0 Property Tax Administrative Fees 5231 $12,500 $11,058 $15,000 $160 $38,718 Utilities 5240 $0 $385,319 $0 $0 $385,319 Small Tools and Equipment 5242 $0 $515 $5,000 $0 $5,515 Consulting Services 5248 $0 $0 $0 $0 $0 Other Outside Services 5250 $0 $0 $18,000 $0 $18,000 Public Notices 5256 $0 $0 $15,000 $0 $15,000 Staff Training/Education 5261 $0 $0 $0 $0 $0 Mileage 5262 $0 $0 $100 $0 $100 Recognition Program 5265 $0 $0 $0 $0 $0 Subtotal 5200's $12,500 $459,857 $59,100 $160 $531,617 Waste Hauling 5315 $0 $0 $7,690,027 $0 $7,690,027 Street Lighting 5319 $955,000 $0 $0 $0 $955,000 Subtotal 5300's $955,000 $0 $7,690,027 $0 $8,645,027 Emergency Road Maintenance 5402 $0 $0 $0 $9,690 $9,690 Landscape Maintenance 5415 $0 $712,669 $0 $0 $712,669 Landscape Rehabilitation 5416 $0 $221,115 $0 $0 $221,115 Subtotal 5400's $0 $933,784 $0 $9,690 $943,474 Recycling Programs $0 $0 $50,239 $0 $50,239 Subtotal $0 $0 $50,239 $0 $50,239 Capital Outlay $0 $0 $0 $0 $0 Subtotal $0 $0 $0 $0 $0 TOTAL DIRECT DISTRICT COSTS $984,711 $1,466,219 $7,916,137 $9,850 $10,376,917 EXPENDITURES/REVENUES Contingency Reserve $0 $0 $0 $0 $0 TOTAL EXPENDITURES/REVENUES $984,711 $1,466,219 $7,916,137 $9,850 $10,376,917 CONTRIBUTIONS Contributions from Grants 4025 $0 $0 $0 $0 I $0 Operation Income $0 $0 $0 $0 $0 Other Contributions $360,251 $9,030 $20,200 $200 $389,681 Fund Balance Collection/Contribution ($16,924) ($128,447) $214,913 $4,118 $73,660 TOTAL COLLECTION/CONTRIBUTIONS $343,327 ($119,417) $235,113 $4,318 $463,341 Balance to Levy(Budgeted) $641,384 $1,585,636 $7,681,025 $5,532 $9,913,577 Temecula Set-vices District(Service Level B, C,R and Refuse/Recycling Collection) 3 Preliminary Engineer's Annual Levy Report for Fiscal Year 2017-18 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 2017-2018 to the previous fiscal year. Table 2-2 Year over Year Budget Comparison FISCAL YEAR 2016-2017 ENROLLMENTS FISCAL YEAR 2017-2018 PROJECTIONS Fund Total Charge/ Total Total %Change Charge/ Total District No. Parcels Levy Levy Unit Levy Parcels Levy per Levy Levy Unit Levy Units Units Unit 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 $105.56 $24,173.24 229 229 1.89% $107.56 $24,631.24 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 $376.80 $3,768.00 10 10 1.89% $383.92 $3,839.20 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 Tota 1 13,667 13,667 $1,585,107.24 13,667 13,667 $1,585,636.44 Service Level R-Road Maintenance Rate Level 1 68-2917 1 55 48 $115.26 $5,532.34 55 48 0.00% $115.26 $5,532.48 Citywide Recycling/Refuse Collection 68-2916 1 28,099 28,099 $269.60 $7,575,490.40 28,264 28,264 0.80% $271.76 $7,681,024.64 The maximum rate per Levy Unit,for Zones 6,29,31 and 32 will escalate by the lesser of 5%or the percentage increase in the Consumer Price Index("CPI").For Fiscal Year 2017-2018 the increase will be 1.89%,the percentage increase in the Annual CPI. (2)Zones 30,31,&32 will not be levied for Fiscal Year 2017-2018 as the project areas will be maintained by an HOA. Temecula Set-vices District(Service Level B, C,R and Refuse/Recycling Collection) 4 Preliminary Engineer's Annual Levy Report for Fiscal Year 2017-18 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 2017-2018. Table 3-1 Service Level B 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) 5 Preliminary Engineer's Annual Levy Report for Fiscal Year 2017-18 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 2017-2018. Table 3-2 Service Level C Zone No.1 maximum Rate:$116.00 00 Tract Name: Tract Numbers: Saddlewood 18518-00 18518-01 18518-02 18518-03 Zone No.2 maximum Rate:$89.00 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 maximum Rate: 00 00 Tract Name: Tract Numbers: Rancho Highlands 20643-00 20644-00 21760-00 22203-00 22204-00 22761-00 22762-00 Zone No.4 maximum Rate: 00 Proposed Rate:$46.00 Tract Name: Tract Numbers: The Vineyards 20879-00 20879-01 Zone No.5 maximum Rate:$175.00 Proposed Rate:$175.00 Tract Name: Tract Numbers: Signet Series 20882-00 20882-01 20882-02 20882-03 ProposedZone No.6(3) maximum Rate:$107.57 i Tract Name: Tract Numbers: Woodcrest Country 21561-00 22208-00 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 2017-2018 the adjustment is 1.89%,the percentage increase in the CPI. I- L,riw� laximum Rate:$89.00 Proposed Rate:$89.00 Tract Name: Tract Numbers: Ridgeview 20735-07 20735-08 20735-09 20881-00 21764-00 00 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 laximum Rate: