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062221 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 11]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 22, 2021- 7:00 PM CALL TO ORDER: Mayor Maryann Edwards INVOCATION: TBD FLAG SALUTE: Mayor Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS - NONE BOARD / COMMISSION REPORTS Community Services Commission and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT Riverside County Sheriffs Department PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the City Council on items that appear on the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. For all Public Hearing or Business items on the agenda, each speaker is limited to five minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting by the City Clerk. Email comments must be submitted to randi.johl@temeculaca.gov. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. Email comments shall be subject to the same rules as would otherwise govern in person public comments. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports. Page 1 City Council Agenda June 22, 2021 CONSENT CALENDAR 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 2. 3. 4. Recommendation Attaehmentc: 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. Agenda Report Approve Action Minutes of June 8, 2021 Recommendation: That the City Council approve the action minutes of June 8, 2021. Attachments Action Minutes Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Attachments: Agenda Report R ecnhitinn List of Demands Approve City Treasurer's Report as of April 30, 2021 Recommendation Attachments: That the City Council approve and file the City Treasurer's Report as of April 30, 2021. Agenda Report Treasurer's Report 5. Approve Annual Renewal of City Insurance Policies Recommendation That the City Council approve the following insurance policies and appropriate an additional $123,265.00 to Fund 300 - Insurance and $40,919.00 to Fund 305 - Workers' Compensation to cover the increased premiums: Page 2 City Council Agenda June 22, 2021 1. Renewal for 1 st Excess Liability insurance with AIX Specialty Insurance Company, in the amount of $195,209.00, for the period of July 1, 2021 to July 1, 2022; and 2. Renewal for 2nd Excess Liability insurance with Hallmark Specialty Insurance Company, in the amount of $116,153.00, for the period of July 1, 2021 to July 1, 2022; and 3. Renewal for Excess Workers' Compensation insurance with Arch Insurance Company, in the amount of $108,154.00, for the period of July 1, 2021 to July 1, 2022; and 4. Renewal for Property & Equipment Breakdown insurance with Hanover Insurance Company, in the amount of $105,110.00 for the period of July 1, 2021 to July 1, 2022; and 5. Renewal for Difference in Conditions (Earth Movement and Flood) insurance with Steadfast Insurance Company and QBE Specialty Insurance Company in the amount of $230,248.00, for the period of July 1, 2021 to July 1, 2022; and 6. Renewal for Auto Physical Damage insurance with Hanover Insurance Company, in the amount of $10,104.00, for the period of July 1, 2021 to July 1, 2022; and 7. Cyber Liability insurance with ACE American Insurance Company, in the amount of $30,690.00, for the period of July 1, 2021 to July 1, 2022; and 8. Crime insurance with Hanover Insurance Company, in the amount of $2,582.00, for the period of July 1, 2021 to July 1, 2022; and 9. Pollution/Environmental Legal Liability insurance with Illinois Union Insurance Company, in the amount of $12,547.00, for the period of July 1, 2021 to July 1, 2022; and 10. Volunteer Accident insurance with Berkley Life & Health Insurance Company, in the amount of $1,465.00, for the period of July 1, 2021 to July 1, 2022; and 11. Standalone Terrorism Liability, Business Interruption, and Property Damage insurance with Lloyd's Syndicate 2623/623 Beazley Furlonge LTD, in the amount of $8,890.00, for the period of July 1, 2021 to July 1, 2022; and 12. Drone Coverage with ACE American Insurance Company and Page 3 City Council Agenda June 22, 2021 National Liability & Fire Insurance Company in the amount of $1,440.00, for the period of July 1, 2021 to July 1, 2022. Attachments: Agenda Report Insurance Proposal 6. Approve Non -Financial Revisions to Existing Labor Agreements Recommendation: That the City Council: 1. Approve Amended and Restated Memorandum of Understanding between the City of Temecula and the General Employees of the City of Temecula represented by the California Teamsters Public, Professional, and Medical Employee Union Local 911 effective July 1, 2021 through June 30, 2022; and 2. Approve the Amended and Restated Management Compensation Plan; and 3. Approve the Amended and Restated City Council Compensation Plan. Attachments: Agenda Report 2021 Memorandum of Understanding Amendments - Redline 2021 Memorandum of Understanding Amendments 2021 Management Compensation Plan 2021 City Council Compensation Plan 7. Adopt Resolution Extending the Temporary Expanded Dining/Retail Program in Old Town Until June 30, 2022 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONTINUING THE TEMPORARY EXTENDED DINING PROGRAM THROUGH JUNE 30, 2022 Attachments: Agenda Report R esnlntinn 8. Approve Second Assignment. Assumption and Amendment to the Joint Communitv Facilities Agreement for Temecula Public Financing Authority Facilities District No. 03-02 (Roripaugh Ranch Recommendation: That the City Council: 1. Approve and enter into the Second Assignment, Assumption and Page 4 City Council Agenda June 22, 2021 9. Amendment to the Joint Community Facilities Agreement between Riverside County Flood Control and Water Conservation District, the County of Riverside, the Temecula Public Financing Authority, the Temecula Public Financing Authority Community Facilities District No. 03-02, Roripaugh Valley Restoration, LLC, and Woodside 05S, LP; and 2. Authorize the Mayor to sign on behalf of the City of Temecula. Attachments: Agenda Report Second Assignment, Assumption and Amendment Approve Summary Vacation of a Drainage Easement Located on Lot 22 of Tract Map 21820 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE CERTAIN EASEMENTS FOR DRAINAGE PURPOSES LOCATED AS SHOWN ON TRACT MAP 21820 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE Attachments: Agenda Report Resolution Exhibit A 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/OR THE TEMECULA PUBLIC FINANCING AUTHORITY Page 5 City Council Agenda June 22, 2021 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Zak Schwank ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart 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 on the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. For all Public Hearing or Business items on the agenda, each speaker is limited to five minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting by the City Clerk. Email comments must be submitted to randi.johl@temeculaca.gov. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. Email comments shall be subject to the same rules as would otherwise govern in person public comments. CSD CONSENT CALENDAR 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. 10. Approve Action Minutes of June 8, 2021 Recommendation: That the Board of Directors approve the action minutes of June 8, 2021. Attachments: Action Minutes 11. Approve Five-yearQreement with Silverman Enterprises Inc., dba BAS Security, for Contracted Security Services Recommendation: That the Board of Directors approve a five-year agreement with Silverman Enterprises Inc., dba BAS Security, for contracted security services, with an annual amount not to exceed $195,812.98 ($178,011.80 + 10% contingency). Attachments: Agenda Report Agreement 12. ADDrove Agreement with Seaside Ice. LLC. dba Ice -America, for the Old Town Temecula Outdoor Ice Skating Rink Recommendation: That the Board of Directors approve a five-year agreement with Seaside Ice, LLC, dba Ice -America, for a holiday season outdoor ice skating rink beginning 2021-2022 through 2025-2026, in an amount not to exceed $381,055 over the five-year term. Page 6 City Council Agenda June 22, 2021 Attachments: Agenda Report Agreement 13. Approve Agreement with Shawna Sarnowski for Photography Services at Various City Events and Pro grams Recommendation Attachments That the Board of Directors approve a five-year agreement with Shawna Samowski for photography services at various City events and programs beginning 2021-2022 through 2025-2026, in an amount not to exceed $40,000 per fiscal year over the five-year term. Agenda Report Agreement CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, July 13, 2021, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 7 City Council Agenda June 22, 2021 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CALL TO ORDER: Chair Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart SARDA PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. For all Public Hearing or Business items on the agenda, each speaker is limited to five minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting by the City Clerk. Email comments must be submitted to randi.johl@temeculaca.gov. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. Email comments shall be subject to the same rules as would otherwise govern in person public comments. SARDA CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Successor Agency to the Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. 14. Approve Action Minutes of June 8, 2021 Recommendation Attachments That the Board of Directors approve the action minutes of June 8, 2021. Action Minutes SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS SARDA ADJOURNMENT The next regular meeting of the Successor Agency to the Redevelopment Agency will be held on Tuesday, July 13, 2021, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 8 City Council Agenda June 22, 2021 TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING RECONVENE TEMECULA CITY COUNCIL BUSINESS 15. Receive and File Report on the American Rescue Plan Act (ARPA) Funding Allocation to the City of Temecula Recommendation: That the City Council receive and file the report. Agenda Report Exhibit A DEPARTMENTAL REPORTS 16. Community Development Department Monthly Report Attachments: Agenda Report Planning Activity Report 17. Fire Department Monthly Report Attachments: Agenda Report Monthly Report 18. Police Department Monthly Report Attachments: Agenda Report Statistics 19. Public Works Department Monthly Report Attachments: Agenda Report Project Status Report CITY MANAGER REPORT CITY ATTORNEY REPORT Page 9 City Council Agenda June 22, 2021 ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, July 13, 2021, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444. Page 10 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: June 22, 2021 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, Director of Legislative Affairs/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 COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 8, 2021- 7:00 PM IMPORTANT NOTICE REGARDING THIS MEETING This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20, dated March 17, 2020, regarding the COVID-19 pandemic. In accordance with the order, the public may not view the meeting in -person in the Council Chamber. The live stream of the meeting may be viewed on television and/or online. Details can be found at temeculaca.gov/tv. Submission of Public Comments: For those wishing to make public comments at the meeting, please submit your comments by email to be read aloud into the record at the meeting by the City Clerk. Email comments must be submitted to randi.johl@temeculaca.gov. Email comments on matters not on the agenda must be received prior to the time the item for Public Comments is called. Email comments on agenda items must be received prior to the time Public Comments for the agenda item is called. Email comments on public hearing items must be received prior to the time the public hearing is opened to hear public comments. All email comments shall be subject to the same rules as would otherwise govern public comments at an in -person meeting. Public Comments for this meeting may only be submitted via email. Comments via text and social media will not be accepted. Reading of Public Comments: The City Clerk shall read all email comments, provided that the reading shall not exceed three (3) minutes, or such other time as the Council may provide, consistent with the time limit for speakers at an in -person Council meeting. The email comments shall become part of the meeting record. CALL TO ORDER at 7:02 PM: Mayor Maryann Edwards INVOCATION: Senior Pastor Ryan Rench of Calvary Baptist Church FLAG SALUTE: Mayor Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS Presentation of Proclamation for Pride Month to Temecula Valley/Great Oak High School Students Presentation of Proclamation for Make Music Temecula Day to Joanna Pearl and Gary Johnson BOARD / COMMISSION REPORTS Planning Commission and Public/Traffic Safety Commission PUBLIC SAFETY REPORT California Department of Forestry and Fire Protection (CalFire) PUBLIC COMMENTS The following individual(s) submitted an electronic comment on non-agendized item(s): • Jason R. Lund • Suzanne Hinds • Helena Mortimer • Suzanne Lane • Silvia Gray • Skylar Tempel • Mark Lane • Bob Kowell • Valerie • John Andrews • Lisa Skinner • Andrea Andrews • Concerned Residents Now Pay Attention • Nada Hiquera • Sonia Perez • Tim Thompson • Chris Skinner CITY COUNCIL REPORTS CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Rahn. The vote reflected unanimous approval. 1. Waive Reading of Standard Ordinances and Resolutions 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. 2. Approve Action Minutes of May 25, 2021 Recommendation: That the City Council approve the action minutes of May 25, 2021. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Adopt Resolution Reaffirming and Proclaiming the Existence of a Local Emergency Related to the COVID-19 Virus Pandemic Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REAFFIRMING AND PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY RELATING TO THE COVID-19 VIRUS PANDEMIC AND ISSUING CERTAIN ORDERS FOR THE CONDUCT OF CITY AFFAIRS DURING THE LOCAL EMERGENCY Motion to pull and continue item (5-0): Motion by Schwank, Second by Stewart. The vote reflected unanimous approval. 5. Approve First Amendment to the Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Temecula for Fiscal Year 2021-22 - Recommendation: That the City Council approve the First Amendment to the Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Temecula for Fiscal Year 2021-22. 6. Approve Third Amendment to Agreement for Consultant Services with Michael Baker International, Inc. for the Traffic Signal - Park and Ride Access Improvements, PW18-11 Recommendation: That the City Council: 1. Approve the Third Amendment to the Agreement for Consultant Services with Michael Baker International, Inc. for the Traffic Signal - Park and Ride Access Improvements, PW18-11, increasing the contingency amount by $20,000, and extending the term of the agreement to June 30, 2023; and 2. Increase the City Manager's authority to approve extra work authorizations by $20,000. 7. Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Sidewalks - Old Town Improvements (Fifth Street from Old Town Front Street to Murrieta Creek) Project, PW20-02 Recommendation: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Sidewalks - Old Town Improvements (Fifth Street from Old Town Front Street to Murrieta Creek) Project, PW20-02; and 2. Make a finding that this project is exempt from CEQA per Article 19, 3 Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 8. Receive and File Temaorary Street Closures for 2021 Summer Event Recommendation: That the City Council receive and file the following proposed action by the City Manager to temporarily close certain streets for the following 2021 Summer Event: 4th of July Fireworks Show. RECESS: At 8:59 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 9:02 PM, the City Council convened to the Joint Successor Agency to the Temecula Redevelopment Agency / City Council Meeting. At 9:04 PM the City Council resumed with the remainder of the City Council Agenda. JOINT MEETING - SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY / CITY COUNCIL CALL TO ORDER at 9:02 PM: Chair Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart SARDA PUBLIC COMMENTS - None JOINT MEETING - CITY COUNCIL / SARDA CONSENT CALENDAR 10. Approve First Amendment to the Ground Lease and Re _ u�ry Agreement, Between the City of Temecula, as Housing Successor to the Former Temecula Redevelopment Agency, and Temecula Gardens II L.P., (Affirmed Housing), Located at 28493 Pujol Street Recommendation: That the City Council/Board of Directors adopt a resolution entitled: RESOLUTION NO. 2021-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ACTING IN ITS CAPACITY AS THE HOUSING SUCCESSOR, APPROVING THE FIRST AMENDMENT TO THE GROUND LEASE AND REGULATORY AGREEMENT RELATING TO THE MISSION VILLAGE APARTMENTS PROJECT Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Stewart. The vote reflected unanimous approval. SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS 4 SARDA ADJOURNMENT At 9:04 PM, the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, June 22, 2021, at 5:30 PM for a Closed Session, with a regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. RECONVENE TEMECULA CITY COUNCIL JOINT MEETING - CITY COUNCIL / COMMUNITY SERVICES DISTRICT PUBLIC HEARING 11. Approve Fiscal Years 2022-26 Capital Improvement Program (CIP)and Adopt Fiscal Year 2021-22 CIP and Annual Operating Budgets for the City of Temecula, the Temecula Community Services District (TCSD) and the Successor Agency to the Redevelopment Agency (SARDA) Recommendation: That the City Council/Board of Directors adopt the following resolutions entitled: RESOLUTION NO. 2021-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2022-26 AND ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2021-22 RESOLUTION NO. CSD 2021-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2021-22 PRELIMINARY ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS RESOLUTION NO. SARDA 2021-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE CAPITAL IMPROVEMENT PROGRAM FISCAL YEARS 2022-26, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2021-22, ADOPTING THE FISCAL YEAR 2021-22 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 5 RESOLUTION NO. 2021-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2021-22 ANNUAL OPERATING BUDGET, ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS, ESTABLISHING CONTRACT AUTHORITY OF CITY MANAGER, ESTABLISHING LAWSUIT SETTLEMENT AUTHORITY OF CITY MANAGER RESOLUTION NO. 2021-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS AND SALARY SCHEDULE RESOLUTION NO. 2021-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2021-22 Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Alexander. The vote reflected unanimous approval. BUSINESS 12. Approve Voluntary Intergovernmental Agreement with Pechanga Band of Luiseno Mission Indians (At the Request of Mayor Edwards as Pechanga Tribal Representative) Recommendation: That the City Council: 1. Approve a Voluntary Intergovernmental Agreement between the City of Temecula and the Pechanga Band of Luiseno Indians in substantially the form attached hereto; and 2. Appropriate $2,500,000 to the I-15 Congestion Relief capital project; and 3. Appropriate $2,500,000 to the I-15/SR 79 South Interchange Enhanced Landscaping capital project. Approved the Staff Recommendation (4-0, Rahn abstained): Motion by Schwank, Second by Alexander. The vote reflected unanimous approval with Rahn abstaining. The City Attorney stated that Mayor Pro Tern Rahn would not be participating in this item because his wife is an employee of the Pechanga Tribe. Mayor Pro Tern Rahn turned off his camera and microphone so that he did not participate in the discussion and vote on this item. 6 13. Receive Update on the Temporary Expanded Dining/Retail Program in Old Town and Provide Direction on a One Year Extension of the Program Recommendation: That the City Council provide general direction to staff on a one year extension of lease agreements for the expanded dining/retail program in Old Town. Approved the Staff Recommendation (5-0): Motion by Alexander, Second by Schwank. The vote reflected unanimous approval. 14. Consider the Conduct of In Person Public Meetings Based on New COVID-19 Regulations and Provide General Direction Regarding the Same (At the Request for Mayor Edwards and Maw Pro Tern Rahn) Recommendation: That the City Council consider the conduct of in person public meetings based on new COVID 19 regulations and provide general direction regarding the same. Approved the Staff Recommendation (5-0): Motion by Alexander, Second by Schwank. The vote reflected unanimous approval. DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 11:02 PM, the City Council meeting was formally adjourned to Tuesday, June 22, 2021, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: June 22, 2021 SUBJECT: Approve the List of Demands PREPARED BY: Jada Shafe, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021- 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.2021- 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 $4,353,616.71. 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 22"d day of June, 2021. 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. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22"d day of June, 2021, 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 05/27/2021 TOTAL CHECK RUN: $ 1,591,477.66 06/03/2021 TOTAL CHECK RUN: 2,245,116.15 05/27/2021 TOTAL PAYROLL RUN: 517,022.90 TOTAL LIST OF DEMANDS FOR 6/22/2021 COUNCIL MEETING: $ 4,353,616.71 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 2,681,084.42 140 COMMUNITY DEV BLOCK GRANT 38,927.75 165 RDA DEV LOW/MOD 20% SET ASIDE 4,374.13 190 COMMUNITY SERVICES DISTRICT 184,495.96 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,154.09 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 14,031.63 197 TEMECULA LIBRARY FUND 5,649.92 210 CAPITAL IMPROVEMENT PROJ FUND 320,987.85 300 INSURANCE FUND 2,874.06 305 WORKERS' COMPENSATION 2,813.97 310 VEHICLE AND EQUIPMENT FUND 285,287.21 320 INFORMATION SYSTEMS 114,037.25 325 TECHNOLOGY REPLACEMENT FUND 25,288.61 330 SUPPORT SERVICES 9,148.76 340 FACILITIES 29,217.86 472 CFD 01-2 HARVESTONA&B DEBT SERVICE 132.80 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 132.93 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 170.44 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 132.93 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 207.94 478 CFD 16-01 RORIPAUGH PHASE 11 132.91 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,914.80 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 6,760.81 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 5,613.48 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 477.60 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 2,737.37 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 2,339.89 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 1,133.27 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 16,571.81 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 193.17 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 638.23 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 133.91 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 7,132.83 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 1,390.05 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 1,368.31 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE 594.66 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 1,438.74 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 139.97 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 6,090.97 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,931.54 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 11,772.22 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 11,866.05 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 272.61 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 331.37 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 6,803.21 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 2,669.46 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 160.75 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 813.11 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 9,550.58 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 172.62 700 CERBT CALIFORNIA EE RETIREE-GASB45 11,297.00 $ 3,836,593.81 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 301,142.29 140 COMMUNITY DEV BLOCK GRANT 475.88 165 AFFORDABLE HOUSING 3,099.00 190 TEMECULA COMMUNITY SERVICES DISTRICT 151,051.16 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,321.21 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 541.01 197 TEMECULA LIBRARY FUND 2,814.63 300 INSURANCE FUND 2,266.35 305 WORKERS' COMPENSATION 1,984.34 320 INFORMATION TECHNOLOGY 37,755.50 330 SUPPORT SERVICES 4,613.81 340 FACILITIES 7,040.62 472 CFD 01-2 HARVESTONA&B DEBT SERVICE 105.37 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 105.29 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 133.39 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 105.29 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 161.47 478 CFD 16-01 RORIPAUGH PHASE II 105.30 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 0.07 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 0.57 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 0.57 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 0.57 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 0.57 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 0.57 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 0.07 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 270.38 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 0.07 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 0.57 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 0.07 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 135.21 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 13.54 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 0.07 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 0.07 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 13.54 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.07 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 81.10 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 113.52 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 270.38 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 513.74 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 0.07 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 0.83 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 216.30 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 27.02 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 0.07 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 0.57 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 540.74 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 0.07 TOTAL BY FUND: 517,022.90 $ 4,353,616.71 apChkLst Final Check List Page: 1 05/25/2021 2:53:02PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 500537 5/27/2021 021670 ANLIND OF TEMECULA INC, VEH REPAIRAND MAINT: TEM TEMECULA HARLEY-DAVIDSON SHERIFF VEH REPAIR AND MAINT: TEM SHERIFF VEH REPAIR AND MAINT: TEM SHERIFF VEH REPAIR AND MAINT: TEM SHERIFF 500538 5/27/2021 013950 AQUA CHILL OF SAN DIEGO MAY DRINKING WTR SYS MAINT: CIVIC CTR MAY DRINKING WTR SYS MAINT: AQUAT MAY DRINKING WTR SYS MAINT: AULD F MAY DRINKING WTR SYS MAINT: MPSC MAY DRINKING WTR SYS MAINT: FOC MAY DRINKING WTR SYS MAINT: JRC MAY DRINKING WTR SYS MAINT: TPL MAY DRINKING WTR SYS MAINT: PW MAY DRINKING WTR SYS MAINT: THEATI MAY DRINKING WTR SYS MAINT: TCC MAY DRINKING WTR SYS MAINT: TVM 500539 5/27/2021 001445 ASSISTANCE LEAGUE OF FY20/21 CDBG SUB -RECIPIENT TEMECULA, VALLEY 500540 5/27/2021 005447 CLEMENTS, BRIAN REIMB: UNIFORMS 500541 5/27/2021 000442 COMPUTER ALERT SYSTEMS ALARM SVC CALL: JEFFERSON REC CTR 500542 5/27/2021 010650 CRAFTSMEN PLUMBING & REBUILD STAIRCASE: TVM HVAC INC PLUMBING SVCS: HARVESTON LAKE PA EMERGENCY SEWER REPAIR: 6TH ST R MISC REPAIRS: FIRE STA 84 HVAC REPAIR: FIRE STA 84 500543 5/27/2021 020436 CRONBERG, RICHARD N TCSD INSTRUCTOR EARNINGS 500544 5/27/2021 001393 DATA TICKET INC, DBA APR CITATION PROCESSING: POLICE REVENUE EXPERTS APR CITATION PROCESSING: CSD 500545 5/27/2021 003945 DIAMOND ENVIRONMENTAL portable restroom & sink rental: police SRVCS 500546 5/27/2021 004192 DOWNS ENERGY FUEL 500547 5/27/2021 012217 DUDEK FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: EOC URBAN FOREST MGMT PLAN & INVENTORY Amount Paid Check Total 569.76 560.71 282.82 182.00 183.71 67.34 56.57 41.22 28.28 28.28 28.28 28.28 28.28 28.28 28.28 5,491.00 55.44 155.48 20,280.00 1,770.00 1,465.60 1,358.00 887.00 84.00 1,102.30 200.00 114.21 361.17 301.57 92.18 31,911.90 1,595.29 546.80 5,491.00 55.44 155.48 25,760.60 84.00 1,302.30 114.21 754.92 31,911.90 Page:1 apChkLst O5/25/2021 2:53:02PM Final Check List CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 500548 5/27/2021 020904 ECONOMIC ALTERNATIVES INC WATER TREATMENT SUPPLIES: CIVIC CTR 500550 5/27/2021 001056 EXCEL LANDSCAPE INC MAY LDSCP MAINT: PARKS/MEDIANS PW MAY LDSCP MAINT: PARKS/MEDIANS PN MAY LDSCP MAINT SLOPES: PW MAY LDSCP MAINT SLOPES: PW MAY LDSCP MAINT: PARKS/MEDIANS: P� LDSCP IMPROVEMENT: RR SPORTS PK MAY LDSCP MAINT: CITY FACS MAY LDSCP MAINT: 115/79S INTRCHG M/ LDSCP IMPROVE: TEMEKU HILLS PK LDSCP IMPROVEMENTS: HARVESTON IRRIGATION REPAIRS: VARIOUS PARKS IRRIGATION REPAIRS: VARIOUS LOCATI, MAY OVERLAND EXTENSION PROJ LDS( IRRIGATION REPAIR: PALA PARK 500551 5/27/2021 001937 GALLS LLC EMERGENCY OXYGEN EQUIPMENT: AQUATICS EMERGENCY OXYGEN EQUIPMENT: AQl equipment: Police Explorers 500552 5/27/2021 000177 GLENNIES OFFICE PRODUCTS EMERGENCY SUPPLIES: COVID: INC PLANNING MISC OFC SUPPLIES: CENTRAL SVCS MISC OFC SUPPLIES: BLDG & SAFETY MISC OFC SUPPLIES: FINANCE MISC OFC SUPPLIES: FINANCE MISC OFC SUPPLIES: FIRE STA 12 500553 5/27/2021 020628 HASA INC VARIOUS SUPPLIES: AQUATICS 500554 5/27/2021 022056 IDETAIL SUPPLY CO 500555 5/27/2021 012285 JOHNSTONE SUPPLY 500556 5/27/2021 001282 KNORR SYSTEMS INC 500557 5/27/2021 018675 MDG ASSOCIATES INC ENGINE MAINT SUPPLIES: FIRE STA 73 MISC SUPPLIES: TVM MISC SUPPLIES: CIVIC CTR MISC SUPPLIES: CIVIC CTR HVAC SUPPLIES - STA 92 POOL SUPPLIES: VARI FACILITIES POOL SUPPLIES: VARI FACILITIES APR CDBG PRGM ADMIN: COM DEV APR CDBG-CV PRGM ADMIN: COM DEV APR CDBG-CV EMERGENCY RENTAL AS APR CDBG-CV EMERGENCY RENTAL AS Amount Paid 265.28 58,560.46 56,831.22 40,678.18 24,702.75 21,133.27 19,803.00 12, 631.84 8,550.00 4,018.00 1,975.00 1,190.94 388.49 300.00 186.46 630.32 144.07 63.15 42.41 24.75 24.59 22.15 16.52 3.25 628.24 84.83 180.96 155.90 125.01 53.55 2,211.22 1,511.71 3,344.38 2,067.88 1,983.38 1.959.00 Page: 2 Check Total 265.28 250,949.61 837.54 133.67 628.24 84.83 515.42 3,722.93 9,354.64 Paget apChkLst Final Check List Page: 3 05/25/2021 2:53:02PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 500558 5/27/2021 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: FOC INC ELECTRICAL SUPPLIES: VARI FACILITIE: ELECTRICAL SUPPLIES: AQUATICS LED RETROFIT - STA 92 ELECTRICAL SUPPLIES: CIVIC CTR ELECTRICAL SUPPLIES: THEATER ELECTRICAL SUPPLIES: CRC ELECTRICAL SUPPLIES: PARKS ELECTRICAL SUPPLIES: CIVIC CTR 500559 5/27/2021 004040 MORAMARCO ANTHONY J, GRAPHICS FOR ART EVENTS: TVM DBA BIGFOOT GRAPHICS T-SHIRTS-FRIENDSHIP PARK: MPSC TCSD INSTRUCTOR EARNINGS 500560 5/27/2021 014173 NPG INC DBA, GOLDSTAR STREET MAINT SUPPLIES: PUBLIC ASPHALT PRODUCTS WORKS 500561 5/27/2021 021998 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS: PW FACS INC CITY VEHICLE MAINT SVCS: PW LAND D CITY VEHICLE MAINT SVCS: PW FACS CITY VEHICLE MAINT SVCS: PW PARKS 500562 5/27/2021 021998 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS: POLICE INC 500563 5/27/2021 021998 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS: PRK INC RANGER 500564 5/27/2021 004274 SAFE AND SECURE LOCKSMITH SRVCS: PALA PARK LOCKSMITH SRVC LOCKSMITH SRVCS: SPLASH PAD LOCKSMITH SRVCS: CRC LOCKSMITH SRVCS: SPLASH PAD LOCKSMITH SRVCS: CIVIC CENTER 500565 5/27/2021 013482 SILVERMAN ENTERPRISES 4/26-5/25 AFTER HRS SEC: PUMP TRK INC, DBA BAS SECURITY 500566 5/27/2021 003840 STRONG'S PAINTING PAINT SHELTERS: PALA COMMUNITY PARK 500567 5/27/2021 008402 WESTERN RIVERSIDE CO APR'21 MSHCP PAYMENT REG, CONSERVATION AUTHORITY 500568 5/27/2021 021024 YANES BLANCAA, DBA DE GANGE CONSULTING JAN LDSCP PLN CK & INSPECTION: PLNG Amount Paid Check Total 2,484.11 848.25 425.50 148.59 135.29 92.03 82.88 52.09 48.75 4,317.49 800.00 1,085.00 829.50 2,714.50 1,631.25 1,631.25 20.00 5.76 45.13 516.30 587.19 290.63 290.63 38.18 38.18 175.00 104.67 88.26 62.80 25.00 455.73 4,740.00 4,740.00 3,000.00 3,000.00 21,450.00 21,450.00 12,295.00 12,295.00 Page.-3 apChkLst Final Check List Page: 4 O5/25/2021 2:53:02PM CITY OF TEMECULA Grand total for EFT UNION BANK: 385,784.07 Page:4 apChkLst Final Check List Page: 5 O5/25/2021 2:53:02PM CITY OF TEMECULA checks in this report. Grand Total All Checks: 385,784.07 Page:5 apChkLst Final Check List Page: 1 05/27/2021 1:34:42PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description 10992 4/29/2021 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT RETIREMENT) 11102 5/20/2021 000245 PERS - HEALTH INSUR PERS HEALTH PAYMENT PREMIUM PERS HEALTH PAYMENT 11148 5/19/2021 000537 SO CALIF EDISON APR 700618534991 30395 MURRIETA HOT SPR 11149 5/19/2021 010276 TIME WARNER CABLE MAY INTERNET SVCS STA 95 32131 S LOOP RD 11150 5/19/2021 000537 SO CALIF EDISON APR 700367835663 28582 HARVESTON DR 11151 5/21/2021 000262 RANCHO CALIF WATER VARIOUS APR WATER 3026656 31367 DISTRICT LA 11152 5/20/2021 018858 FRONTIER CALIFORNIA INC MAY INTERNET SVCS LIBRARY 11153 5/20/2021 018858 FRONTIER CALIFORNIA INC MAY INTERNET SVCS LIBRARY 11154 5/20/2021 002390 EASTERN MUNICIPAL WATER APR WATER SVCS STA95 32131 S DIST LOOP RD 11155 5/20/2021 002390 EASTERN MUNICIPAL WATER APR WATER SVCS 31991 RORIPAUGH DIST VALLEY RD 11156 5/20/2021 002390 EASTERN MUNICIPAL WATER APR WATER SVCS 39656 DIEGO DR DIST 11157 5/20/2021 002390 EASTERN MUNICIPAL WATER APR WATER SVCS STA95 32131 S DIST LOOP RD 11158 5/20/2021 002390 EASTERN MUNICIPAL WATER APR WATER SVCS STA95 32131 S DIST LOOP RD 11159 5/20/2021 010276 TIME WARNER CABLE MAY INTERNET SVCS 41000 MAIN ST 11160 5/20/2021 002390 EASTERN MUNICIPAL WATER APR WATER SVCS 31991 RORIPAUGH DIST VALLEY RD 11161 5/21/2021 018858 FRONTIER CALIFORNIA INC MAY INTERNET SVCS CHILDREN'S MUSEUM Amount Paid Check Total 111, 928.12 111, 928.12 141,364.01 0.00 141,364.01 28.78 28.78 250.66 250.66 314.10 314.10 20,122.88 20,122.88 5.31 5.31 5.31 5.31 52.48 52.48 97.28 97.28 138.39 138.39 177.04 177.04 207.36 207.36 280.91 280.91 696.35 696.35 130.98 130.98 Page:1 apChkLst Final Check List Page: 2 05/27/2021 1:34:42PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 11162 5/24/2021 001212 SO CALIF GAS COMPANY APR 091-085-1632-0 41951 MORAGA RD 11165 5/25/2021 001212 SO CALIF GAS COMPANY APR 055-475-6169-5 32380 DEER HOLLOW 11166 5/25/2021 002390 EASTERN MUNICIPAL WATER APR WATER SVCS MURRIETA HOT DIST SPRINGS 11167 5/25/2021 000537 SO CALIF EDISON APR 700145715868 30499 RANCHO CAL RD 11168 5/25/2021 000537 SO CALIF EDISON APR 700246548782 26953 YNEZ RD 11169 5/25/2021 001212 SO CALIF GAS COMPANY APR 015-575-0195-2 32211 STA 92 WOLF 11170 5/25/2021 000537 SO CALIF EDISON APR 700030933344 26706 YNEZ RD 11171 5/25/2021 000537 SO CALIF EDISON APR 700246573943 26953 YNEZ RD 11172 5/25/2021 002390 EASTERN MUNICIPAL WATER APR WATER SVCS MURRIETA HOT DIST SPRINGS 11173 5/25/2021 000537 SO CALIF EDISON APR 700475634086 26036 YNEZ RD 11174 5/25/2021 002390 EASTERN MUNICIPAL WATER APR WATER SVCS 39569 SERAPHINA DIST RD 11175 5/25/2021 000537 SO CALIF EDISON APR 700036969370 40820 WINCHESTER RD 11176 5/25/2021 000537 SO CALIF EDISON APR 700408183926 40233 VILLAGE RD 11178 5/27/2021 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT SUPPORT 11179 5/27/2021 021301 1 C M A RETIREMENT -PLAN ICMA- 401(A) RETIREMENT PLAN 106474 PAYMENT 11180 5/27/2021 000194 ICMARETIREMENT-PLAN ICMA-RC RETIREMENT TRUST457 303355 PAYMENT 11181 5/27/2021 000444 INSTATAX (EDD) STATE TAXES PAYMENT Amount Paid Check Total 1,419.42 1,419.42 47.32 47.32 60.28 60.28 105.24 105.24 106.14 106.14 120.59 120.59 140.36 140.36 172.80 172.80 263.75 263.75 390.97 390.97 475.71 475.71 547.69 547.69 1,879.57 1,879.57 899.07 899.07 1,134.62 1,134.62 38,952.86 38,952.86 27,436.24 27,436.24 Paget apChkLst Final Check List Page: 3 05/27/2021 1:34:42PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 11182 5/27/2021 000283 INSTATAX (IRS) FEDERAL TAXES PAYMENT 11183 5/27/2021 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 11184 5/27/2021 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT SOLUTION PAYMENT 11185 5/27/2021 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT 205780 5/27/2021 013387 ADAME LANDSCAPE INC, DBA MAY SWEEPING SRVCS:PRKG SWEEPING UNLIMITED STRUCTURE 205781 5/27/2021 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES: STREET MAINT: PW 205782 5/27/2021 007282 AMAZON CAPITAL SERVICES SUMMER DAY CAMP SUPPLIES: CRC INC SMALL TOOLS: FIRE STA 84 MISC OFC SUPPLIES: FINANCE MISC SUPPLIES: FIRE STA73 SUMMER DAY CAMP SUPPLIES: CRC Misc Ergonomic equipment: HR Veh accessories:code enforcement MISC OFC SUPPLIES: PLANNING MISC OFC SUPPLIES- PREVENTION: FIR 205783 5/27/2021 004623 AQUA SOURCE INC VARIOUS SUPPLIES: AQUATICS 205784 5/27/2021 011666 BPS TACTICAL INC TACTICAL BALLISTIC VEST COVERS: POP/SET 205785 5/27/2021 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY 205786 5/27/2021 015592 BAMM PROMOTIONAL STAFF SHIRTS: SPECIAL EVENTS PRODUCTS INC TEAM:TCSD EMBROIDERY SVCS:UNIFORMS: BLDG 8 205787 5/27/2021 001054 CALIF BUILDING OFFICIALS, REGIST: WEBINAR: CALAHAN, (CALBO) RICHARD 205788 5/27/2021 010939 CALIF DEPT OF INDUSTRIAL 128893 ELEVATOR INSPA3210 BUS PARK DR 101969 ELEVATOR INSPA3200 BUS PARI Amount Paid Check Total 89,853.04 89,853.04 12,295.21 12,295.21 344.39 344.39 3,349.36 3,349.36 540.00 540.00 302.52 302.52 552.55 412.49 259.16 133.35 116.06 90.23 87.63 78.79 47.35 1,777.61 3,859.76 3,859.76 600.00 600.00 89.23 51.48 -33.92 106.79 978.75 119.63 1,098.38 70.00 70.00 225.00 225.00 450.00 Page3 apChkLst Final Check List Page: 4 05/27/2021 1:34:42PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 205789 5/27/2021 004971 CANON FINANCIAL SERVICES MAY 14 COPIER LEASE - CIVIC CTR INC 205790 5/27/2021 016446 CHRISTIAN STITCHERY INC, HIKE BIKE SHIRTS & DECALS: PW-CIP DBA SO CAL IMPRESSIONS 205791 5/27/2021 022535 CLARK, DAREN REFUND: ENG DEPOSIT 39450 PALA VISTA DR 205792 5/27/2021 016530 COMMUNITY MISSION OF CDBG SUBRECIPIENT: JAN - MAR'21 HOPE CDBG SUBRECIPIENT: JUL- SEP'20 CDBG SUBRECIPIENT: OCT - DEC '20 205793 5/27/2021 001264 COSTCO TEMECULA 491 MISC OFC SUPPLIES: INFO TECH 205794 5/27/2021 012614 DBX INC REWIRE TRAFFIC SIGNALS: MARGARITA RD 205795 5/27/2021 000395 ECONOMIC DEVELOPMENT SPONSORSHIP: ECONOMIC DEV CORP, OF SW CALIFORNIA (EDC) 205796 5/27/2021 019681 EJK CORPORATION, DBA BEST PET WASTE BAGS: VARIOUS BAG COMPANY LOCATIONS 205797 5/27/2021 002939 ENVIRONMENTAL SYSTEMS ASSET MANAGEMENT SFTWR: GIS RESEARCH, INSTITUTE INC 205798 5/27/2021 000165 FEDERAL EXPRESS INC EXPRESS MAIL SVCS: FIRE DEPT 205799 5/27/2021 019731 FERGUSON ENTERPRISES INC MISC TOOLS: PW PARKS 205800 5/27/2021 022446 FOLLANSBEE, TROI, DBA FRIENDSHIP PARK MURAL: HUMAN BARCELONA MOSAICS SVCS 205801 5/27/2021 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 205802 5/27/2021 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 205803 5/27/2021 022533 GARAY-EALEY, MARY REIMB: HAZ MAT FIRST RESPONDER CLASS 205804 5/27/2021 007466 HARRIS, THERESA REIMB: SUNSHINE FUND Amount Paid Check Total 671.56 671.56 3,376.81 3,376.81 3,000.00 3,000.00 2,518.80 1,104.00 588.00 4,210.80 239.21 239.21 49,346.00 49,346.00 4,333.33 4,333.33 4,397.78 4,397.78 58,000.00 58,000.00 14.21 14.21 585.78 585.78 3,500.00 3,500.00 211.52 211.52 100.00 100.00 150.00 150.00 47.83 47.83 Page:4 apChkLst Final Check List Page: 5 05/27/2021 1:34:42PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 205805 5/27/2021 001013 HINDERLITER DE LLAMAS & SVCS: MEASURE S SALES TAX AUDIT: ASSOC 4TH QTR 205806 5/27/2021 022530 HINER, DOUGLAS, DOUGLAS SPORTS OFFICIATING SVCS: HINER UMPIRING SPORTS-TCSD 205807 5/27/2021 003198 HOME DEPOT MISC SUPPLIES: CIVIC CTR 205808 5/27/2021 011049 HOSPICE OF THE VALLEY FY20-21 CDBG SUB -RECIPIENT 205809 5/27/2021 004179 INTERNATIONAL E-Z UP INC CANOPY SHELTER: TEM SHERIFF 205810 5/27/2021 013286 INTRADO LIFE & SAFETY INC MAY ENTERPRISE 911 SVC: IT 205811 5/27/2021 015358 KELLY PAPER COMPANY INC MISC PAPER SUPPLIES: CENTRAL SVCS 205812 5/27/2021 001091 KEYSER MARSTON CONSULT SVC: RENDEZVOUS APTS ASSOCIATES INC PA20-1325 FISCAL IMPACT ANALYSIS: SOLANA WIN 205813 5/27/2021 013982 M C I COMM SERVICE MAY XXX-0346 GEN USAGE MAY XXX-0714 GEN USAGE PD MALL ALj 205814 5/27/2021 003782 MAIN STREET SIGNS, DBA VARI SIGNS & SUPPLIES: PARKS ATHACOINC 205815 5/27/2021 019823 MERCHANTS BLDG MAINT LLC MAR JANITORIAL SVCS: VAR CITY FACS 205816 5/27/2021 022479 MH POWELLAND CO INC FLOOR MATE MATS: CIVIC CTR 205817 5/27/2021 001323 NESTLE WATERS NORTH 4/11-5/10 WTR DLVRY SVC: FOC AMERICA, DBA READYREFRESH 4/15 - 5/14 WTR DLVRY SVC: INCUBATOF 2/23 - 3/22 WTR DLVRY SVC: HELP CTR 2/23 - 3/22 WTR DLVRY SVC: PBSP 2/23 - 3/22 WTR DLVRY SVCS: TESC POC 2/23 - 3/22 WTR DLVRY SVCS: SKATE PAI 2/23 - 3/22 WTR DLVRY SVC: MRC 205818 5/27/2021 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES: PW LAND DEV DIV 205819 5/27/2021 020936 OFFICE RELIEF INC HR ERGONOMIC EVAL EQUIP: PLANNING Amount Paid Check Total 16,979.21 16,979.21 714.00 714.00 259.91 259.91 5,491.00 5,491.00 288.77 288.77 300.00 300.00 2,269.49 2,269.49 4,310.63 1,190.63 5,501.26 37.59 37.52 75.11 387.25 387.25 13,830.69 13,830.69 3,099.38 3,099.38 241.77 70.12 33.08 17.22 16.30 9.15 8.69 396.33 7.60 7.60 64.40 64.40 Page:5 apChkLst O5/27/2021 1:34:42PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 205820 5/27/2021 003663 PECHANGA BAND OF APR PROF SRVCS: S.GERTRUDIS 570.34 570.34 LUISENO, MISSION INDIANS CRK, PW08-04 205821 5/27/2021 010338 POOLAND ELECTRICAL, VARIOUS SUPPLIES: AQUATICS 624.00 PRODUCTS INC CHEMICALS & PARTS: SPLASH PAD 577.52 VARIOUS SUPPLIES: AQUATIC 560.68 VARIOUS SUPPLIES: AQUATICS 463.35 VARIOUS SUPPLIES: AQUATICS 385.85 VARIOUS SUPPLIES: AQUATICS 145.59 CREDIT: DEPOSIT -ITEM RETURNED/AQL -16.00 CREDIT: ITEM RETURNED/AQUATICS -385.85 2,355.14 205822 5/27/2021 000253 POSTMASTER EXPRESS MAIL & POSTAL SVCS: CITY 45.50 45.50 CLERK 205823 5/27/2021 014365 QUADIENT LEASING USA INC 6/14-9/13 POSTAGE MTR LEASE:SUPP 1,224.94 1,224.94 SRVCS 205824 5/27/2021 002072 RANCHO CALIF WATER WATER AVAIL LETTER: PARK 180.00 180.00 DIST-FEES RESTROOMS, 17-0 205825 5/27/2021 000262 RANCHO CALIF WATER APR WATER SVCS RANCHO VISTA RD 87.98 87.98 DISTRICT 205826 5/27/2021 021622 REDEMANN JR, DAVID H, MOTORCYCLE GANGS TRAINING: 295.00 295.00 POLICE TRAINING INST LLC ROBERTS 205827 5/27/2021 000406 RIVERSIDE CO SHERIFFS FY20/21 POLICE FACILITY EXPENSES 355,482.62 355,482.62 DEPT 205828 5/27/2021 022495 RIVERSIDE CO BUSINESS CARDS: TEM SHERIFF 6.47 6.47 SHERIFF'S-GREYBAR 205829 5/27/2021 000277 SANDS WORLDWIDE INC ART/CRAFT SUPPLIES: SMR DAY 240.99 240.99 CAMP 205830 5/27/2021 005329 SAFE ALTERNATIVES FOR FY20-21 CDBG SUB -RECIPIENT 4,937.22 4,937.22 EVERYONE 205831 5/27/2021 000278 SAN DIEGO UNION -TRIBUNE APR PUBLIC NTCS: CITY CLERK 1,979.17 1,979.17 205832 5/27/2021 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY: YAC RRSP 5/5/21 150.00 PRESTON PHOTOGRAPHY: MPSC MEALS DR THRI 150.00 PHOTOGRAPHY: S.GERTRUDIS CRK, PVC 150.00 PHOTOGRAPHY: S.GERTRUDIS CRK, 08. 150.00 PHOTOGRAPHY: MPSC SR MEALS DR TI 150.00 PHOTOGRAPHY: FRIENDSHIP PARK 5/1E 150.00 900.00 Page6 apChkLst Final Check List Page: 7 05/27/2021 1:34:42PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 205833 5/27/2021 013695 SHRED -IT US JV LLC, DBA: 4/19-5/12 DOC SHRED SRVCS: CITY SHRED -IT USA LLC FACS 205834 5/27/2021 002503 SOUTH COAST AIR QUALITY, FY20/21 ANN'L OPS FEES:CRC MANAGEMENT DISTRICT FY20/21 FEE -LAST F-YR EMISSIONS: CR 205835 5/27/2021 000519 SOUTH COUNTY PEST MAY PEST CTRL SRVCS: WOLF CRK CONTROL INC PRK 205836 5/27/2021 015648 STEIN ANDREW, DBA PARKINK PROMO ITEMS: S. GERTRUDIS CRK, PW08-04 205837 5/27/2021 022489 STILGEBOUER, JASON, DBA PHOTOGRAPHY SRVCS: ECON DEV DUSTY SUMMIT PHOTOGRAPHY SRVCS: ECON DEV PHOTOGRAPHY SRVCS: ECON DEV 205838 5/27/2021 003941 TEMECULA WINNELSON PLUMBING SUPPLIES: VARIOUS COMPANY PARKS MISC SUPPLIES: CIVIC CENTER PLUMBING SUPPLIES: FIELD OPS CTR 205839 5/27/2021 021031 TIRADO, CARLOS REIMB: UNIFORMS 205840 5/27/2021 010046 TV CONVENTION &VISITORS MAR'21 BUS. IMPRV DISTRICT BUREAU, DBA VISIT TEMECULA ASMNTS VALLEY 205841 5/27/2021 022102 UNITED PARCEL SERVICES EXPRESS MAIL SRVCS: CITY CLERK INC EXPRESS MAIL SRVCS: CITY CLERK 205842 5/27/2021 020963 UPTOWN TEMECULAAUTO APR VEHICLE DETAILING SRVCS: SPA LLC MEDIC/PREV APR VEHICLE DETAILING SVCS: PW PAF APR VEHICLE DETAILING SVCS: B&S APR VEHICLE DETAILING SVCS: CODE E APR VEHICLE DETAILING SVCS: PW STF 205843 5/27/2021 021957 US AIR CONDITIONING, HVAC UNITS PARTS: CIVIC CTR DISTRIBUTORS LLC HVAC UNITS PARTS: CIVIC CTR 205844 5/27/2021 001890 VORTEX INDUSTRIES INC DOOR REPAIRS: FIRE STA 12 205845 5/27/2021 007987 WALMART MISC SUPPLIES: CRC VARIOUS SUPPLIES: AQUATICS 205846 5/27/2021 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES: HARVESTON LAKE PARK EQUIPMENT: TVE2 CLEANING SUPPLIES: OLD TOWN Amount Paid Check Total 1,270.37 1,270.37 421.02 136.40 557.42 49.00 49.00 3,457.50 3,457.50 300.00 300.00 300.00 900.00 742.33 190.45 159.13 1,091.91 83.69 83.69 127, 260.80 127, 260.80 21.72 20.98 42.70 76.00 8.00 8.00 8.00 4.00 104.00 69.23 56.15 125.38 2,974.84 2,974.84 298.41 216.90 515.31 1,345.78 416.06 179.44 1,941.28 Page:? apChkLst O5/27/2021 1:34:42PM Final Check List CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 205847 5/27/2021 020670 WEBB MUNICIPAL FINANCE APR SRVCS: SRVC LEVEL C ANALYSIS LLC Amount Paid 1.500.00 205848 5/27/2021 008668 WES FLOWERS SUNSHINE FUND 100.58 SUNSHINE FUND 100.58 205849 5/27/2021 003730 WEST COAST ARBORISTS INC 4/16-30 EMERG TREE MAINT: SLOPES 7,610.90 4/16-30 TREE MAINT: VILLAGES SLOPE 6,911.85 4/16-30 TREE MAINT: WNCHSTR CRK/SU 4,088.70 4/16-30 TREE MAINT: RANCHO HIGHLAN 3,699.30 4/16-30 TREE MAINT: VINTAGE HILLS 876.15 4/16-30 TREE MAINT: CITY R-O-W 193.65 205850 5/27/2021 013556 WESTERN AV CONF ROOM AV EQUIP: CIVIC CENTER 25,288.61 205851 5/27/2021 016305 YONKER, JOHN REIMB:UNIFORMS 65.22 1102083 5/20/2021 020563 SUN POWER CORPORATION REFUND: PERMIT B21-2097 129.60 Grand total for UNION BANK: Page: 8 Check Total 1,500.00 201.16 23,380.55 25,288.61 65.22 129.60 1,205,693.59 Page:8 apChkLst Final Check List Page: 9 O5/27/2021 1:34:42PM CITY OF TEMECULA 110 checks in this report. Grand Total All Checks: 1,205,693.59 Page9 apChkLst 06/01/2021 10:40:22AM Final Check List CITY OF TEMECULA Page: 1 Bank: eunion EFT UNION BANK Check # Date Vendor Description Amount Paid Check Total 500569 6/3/2021 000936 AMERICAN RED CROSS, STAFF/LIFEGUARDS CERTS: 2,925.00 2,925.00 HEALTH AND SAFETY SVCS AQUATICS 500570 6/3/2021 002187 ANIMAL FRIENDS OF THE MAR ANIMAL CNTRL SVCS: TEMECULA 10,000.00 VALLEYS FEB ANIMAL CNTRL SVCS: TEMECULA 10,000.00 JAN ANIMAL CNTRL SVCS: TEMECULA 10,000.00 30,000.00 500571 6/3/2021 021400 AYERS ELECTRIC INC INSTALL NEW PEDESTAL: 900.00 900.00 WOODCREST SLOPE 500572 6/3/2021 018408 BOB CALLAHAN'S POOL MAY POOL MAINT SVC: PW 1,100.00 SERVICE MAY FOUNTAIN MAINT SVC: PW 950.00 2,050.00 500573 6/3/2021 004248 CALIF DEPT OF APR BLOOD &ALCOHOLANALYSIS: PD 910.00 JUSTICE-ACCTING DEC BLOOD & ALCOHOL ANALYSIS: PD 70.00 980.00 500574 6/3/2021 021349 CASA CENTER AGAINST SART EXAMS: POLICE 1,200.00 SEXUAL, ASSAULT OF SW RIV CO SART EXAMS: POLICE 1,200.00 SART EXAMS: POLICE 800.00 SART EXAMS: POLICE 800.00 4,000.00 500575 6/3/2021 003272 DAISYECO INC PRINTER & PLOTTER SUPPLIES: GIS 3,059.38 CIVIC CT PRINTER & PLOTTER SUPPLIES:GIS/CIV 303.42 3,362.80 500576 6/3/2021 003945 DIAMOND ENVIRONMENTAL ADARESTROOM: MORAGARD 325.76 325.76 SRVCS 500577 6/3/2021 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARK 1,602.97 MAINT: PW FUEL FOR CITY VEHICLES: STREET MAI 917.01 FUEL FOR CITY VEHICLES: TRAFFIC DIV 573.70 FUEL FOR CITY VEHICLES: CIP PW 470.23 FUEL FOR CITY VEHICLES: FIRE DEPT 234.69 FUEL FOR CITY VEHICLES: CODE ENFOI 88.97 FUEL FOR CITY VEHICLES: LAND DEV: P 60.53 FUEL FOR CITY VEHICLES: POLICE 12.16 3,960.26 500578 6/3/2021 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: BLDG & SAFETY 70.63 70.63 INC 500579 6/3/2021 020628 HASA INC VARIOUS SUPPLIES: AQUATICS 595.87 595.87 500580 6/3/2021 006914 INNOVATIVE DOCUMENT COPIER:PD SOUTHWEST STATION 1,526.85 1,526.85 SOLUTIONS Page:1 apChkLst 06/01/2021 10:40:22AM Final Check List CITY OF TEMECULA Page: 2 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 500581 6/3/2021 012285 JOHNSTONE SUPPLY MISC SUPPLIES: IWTCM 1,222.95 MISC SUPPLIES: CIVIC CTR 245.60 MISC SUPPLIES: CIVIC CTR 156.96 MISC SUPPLIES: CHILDREN'S MUSEUM 84.67 MISC SUPPLIES: TVM 46.49 MISC SUPPLIES: CIVIC CTR 14.32 1,770.99 500582 6/3/2021 004043 MISSION ELECTRIC SUPPLY UTILITY UNDERGROUND: CITYWIDE: 403.29 403.29 INC CIP 500583 6/3/2021 020429 REMOTE SATELLITE SYSTEMS APR'21 SAT PH AIRTIME/JUN FEE: 280.00 280.00 INTL EOC 500584 6/3/2021 003840 STRONG'S PAINTING PAINT STUCCO WALL: MAINT YARD 1,500.00 1,500.00 500585 6/3/2021 000668 TIMMY D PRODUCTIONS INC DJ/MC/SOUND SET-UP: MEMORIAL 3,150.00 3,150.00 DAY 500586 6/3/2021 001881 WATER SAFETY PRODUCTS POOL SUPPLIES: AQUATICS 167.86 167.86 INC Grand total for EFT UNION BANK: 57.969.31 Paget apChkLst Final Check List Page: 3 06/01/2021 10:40:22AM CITY OF TEMECULA 16 checks in this report. Grand Total All Checks: 57,969.31 Page:3 apChkLst Final Check List Page: 1 O6/03/2021 12:18:16PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 11106 5/11/2021 006887 UNION BANK OF CALIFORNIA 017736 FEAST CALIFORNIA CAFE LLC, RO RFRSHMNTS: CITY CNCL MTG: 204.48 DBA CORNER BAKERY CAFE 04/06 000912 CITY CLERKS ASSN OF CALIF RO VIRTUAL CONF REGIST: 125.00 JOHL-OLSON 000912 CITY CLERKS ASSN OF CALIF RO VIRTUAL CONF REGIST: RAMIREZ, 125.00 E. 018323 GOAT & VINE, THE RO RFRSHMNTS: CITY CNCL MTG: 120.17 03/23 006692 SAM'S CLUB RO MISC SUPPLIES: CITY CLERK 70.36 009194 VILLAGE NEWS, INC RO ONLINE SUBSCRIPTION FEE: CITY 59.95 CLERK 021453 SACRAMENTO BEE RO SUBSCRIPTION: ONLINE DIGITAL 12.99 SUBSCRIP 000254 PRESS ENTERPRISE RO SUBSCRIPTION: ONLINE DIGITAL 0.99 718.94 COMPANY INC SUBSCRIP 11112 5/11/2021 006887 UNION BANK OF CALIFORNIA 022521 SWANN AUCTION GALLERIES KH ARTIFACTS: TVM EXHIBITS 6,837.64 014804 WEBSTAURANT STORE, THE KH KITCHEN COMMERCIAL EQUIP: 2,613.30 MPSC 022520 ROUDEBUSH COMPANY INC KH PARK BENCH: FRIENDSHIP PARK: 765.00 TCSD 022520 ROUDEBUSH COMPANY INC KH PARK BENCH: FRIENDSHIP PARK: 575.00 TCSD 022498 TEMECULAT-SHIRT PRINTER KH FLAGS: SPECIAL EVENTS: TCSD 316.30 022498 TEMECULAT-SHIRT PRINTER KH FLAGS: SPECIAL EVENTS: TCSD 274.05 022498 TEMECULAT-SHIRT PRINTER KH FLAGS: SPECIAL EVENTS: TCSD 130.50 006952 PAYPAL KH VERISIGN PAYFLOW PRO 123.90 TRANSACTION 012085 ISTOCK INT'L INC. KH SUBSCRIPTION: PROMO IMAGES: 120.00 TCSD 000254 PRESS ENTERPRISE KH SUBSCRIPTION: TCSD 18.00 11,773.69 COMPANY INC 11163 5/24/2021 010276 TIME WARNER CABLE MAY INTERNET SVCS 30600 PAUBA RD 609.14 609.14 11164 5/24/2021 018858 FRONTIER CALIFORNIA INC MAY INTERNET SVCS - EXTERNAL 100.98 100.98 DMV INET 11177 5/28/2021 000262 RANCHO CALIF WATER VARIOUS APR WATER 3000387 23,485.86 23,485.86 DISTRICT RANCHO VISTA Page:1 apChkLst Final Check List Page: 2 O6/03/2021 12:18:16PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 11187 5/25/2021 010276 TIME WARNER CABLE 11188 5/25/2021 010276 TIME WARNER CABLE 11189 5/26/2021 000537 SO CALIF EDISON 11190 5/26/2021 000537 SO CALIF EDISON 11191 6/3/2021 000444 INSTATAX (EDD) 11192 6/3/2021 000283 INSTATAX (IRS) 11193 6/1/2021 000537 SO CALIF EDISON 11194 6/1/2021 000537 SO CALIF EDISON 11195 6/1/2021 000537 SO CALIF EDISON 11196 6/1/2021 000537 SO CALIF EDISON 11197 6/1/2021 000537 SO CALIF EDISON 11198 6/1/2021 000537 SO CALIF EDISON 11199 6/1/2021 010276 TIME WARNER CABLE 11200 6/1/2021 010276 TIME WARNER CABLE 11201 5/27/2021 010276 TIME WARNER CABLE 11202 5/28/2021 010276 TIME WARNER CABLE 11203 5/28/2021 018858 FRONTIER CALIFORNIA INC (Continued) Description Amount Paid Check Total MAY INTERNET SVCS 30875 RANCHO 598.64 598.64 VISTA RD MAY INTERNET SVCS 42569 598.64 598.64 MARGARITA RD APR 700252118808 29721 RYECREST 14.02 14.02 MAY 700606072010 46679 PRIMROSE 392.22 392.22 AVE STATE TAXES PAYMENT 17,077.17 17,077.17 FEDERAL TAXES PAYMENT 49,897.00 49,897.00 MAY 700187069897 44173 15.96 15.96 BUTTERFIELD STG MAY 700295838526 44747 REDHAWK 26.68 26.68 PKWY MAY 700376130476 29429 TEMECULA 62.05 62.05 PKWY MAY 700066386743 32805 PAUBA RD 84.01 84.01 MAY 700316536912 32131 STA 95 S 1,433.74 1,433.74 LOOP RD APR 600000000717 30140 MARGARITA 1,489.03 1,489.03 RD MAY INTERNET SVCS 28922 PUJOL ST. 598.64 598.64 MAY INTERNET SVCS 41845 6TH ST 598.64 598.64 MAY INTERNET SVCS 41000 MAIN ST 49.77 49.77 MAY INTERNET SVCS 32380 DEER 598.64 598.64 HOLLOW WAY MAY INTERNET SVCS - SKATE PARK & 186.76 186.76 SENIOR Paget apChkLst Final Check List Page: 3 06/03/2021 12:18:16PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 11204 5/28/2021 018858 FRONTIER CALIFORNIA INC MAY INTERNET SVCS - CITY HALL 205852 6/3/2021 002786 4N6XPRT SYSTEMS FORENSIC SFTWR UPDATE: POLICE 205853 6/3/2021 020724 79 FIELD HOCKEY INC TCSD INSTRUCTOR EARNINGS 205854 6/3/2021 001517 AETNA BEHAVIORAL HEALTH JUN EMPLOYEE ASSISTANCE PRGM: LLC, DBAAETNA RESOURCES HR 205855 6/3/2021 003552 AFLAC PREMIUM HOLDING, AFLAC ACCIDENT INDEMNITY C/O BNB BANK LOCKBOX PAYMENT 205856 6/3/2021 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES: PW STREET MAINT 205857 6/3/2021 007282 AMAZON CAPITAL SERVICES BOOKS RHRTPL: LIBRARY INC Misc Ergonomic equipment: HR MISC OFC SUPPLIES: PD MALL STOREFI BOOKS RHRTPL: LIBRARY BOOKS RHRTPL: LIBRARY 205858 6/3/2021 004240 AMERICAN FORENSIC NURSES JUN STAND BY FEE: POLICE AFN DRUG/ALCOHOL ANALYSIS: POLICE 205859 6/3/2021 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY 205860 6/3/2021 015834 BOYER WAYNE E, DBA MOTOR UNIFORMS: POLICE MOTOPORT USA 205861 6/3/2021 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 205862 6/3/2021 004329 COSTCO TEMECULA 491 REFRESHMENTS/SUPPLIES: TCSD 205863 6/3/2021 001233 DANS FEED AND SEED INC MISC SUPPLIES: STREET MAINT: PW 205864 6/3/2021 012600 DAVID EVANS AND APR DSGN SVCS: DIAZ RD PROJ ASSOCIATES INC PW17-25 205865 6/3/2021 019530 EMPIRE ENGRAVING RECOGNITION AWARDS: POLICE 205866 6/3/2021 022541 FITNESS 19 TEMECULA 302 GYM MEMBERSHIP: FIRE STA 84 LLC Amount Paid Check Total 295.98 295.98 250.00 250.00 1,197.00 1,197.00 1,130.80 1,130.80 3,824.68 3,824.68 512.44 512.44 174.92 82.14 64.00 -40.23 -51.07 229.76 1,339.00 350.70 1,689.70 468.14 135.67 603.81 346.69 346.69 546.00 546.00 2,080.42 2,080.42 23.02 23.02 55,888.88 55,888.88 130.50 130.50 500.00 500.00 Page:3 apChkLst Final Check List Page: 4 06/03/2021 12:18:16PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 205867 6/3/2021 016184 FUN EXPRESS LLC, MISC SUPPLIES - SUMMER DAY CAMP: SUBSIDIARY OF ORIENTALTR CRC 205868 6/3/2021 003792 GRAINGER MISC MAINT TOOLS: PARKS: PW 205869 6/3/2021 020698 HICKS AND HARTWICK INC ENG PLAN CK SVCS: LAND DEV: HEIRLOOM ENG PLAN CK SVCS: LAND DEV: SOLAN, ENG PLAN CK SVCS: LAND DEV: HEIRLC 205870 6/3/2021 003198 HOME DEPOT MISC SUPPLIES: CIVIC CTR CREDIT ON ACCT. MISC SUPPLIES: CRC 205871 6/3/2021 004905 LIEBERT, CASSIDYAND APR HR LEGAL SVCS FOR WHITMORE TE060-00001 205872 6/3/2021 003782 MAIN STREET SIGNS, DBA CITY STREET SIGNAGE: STREET ATHACO INC MAINT: PW CITY STREET SIGNAGE: STREET MAINT: 205873 6/3/2021 013443 MIDWEST TAPE LLC BOOKS ON TAPE: LIBRARY 205874 6/3/2021 018099 NATIONAL SAFETY DOT TESTING: HR COMPLIANCE INC 205875 6/3/2021 021121 OCCUPATIONAL HEALTH CTR MEDICAL SCREENINGS: HR/COVID OF CA, DBA CONCENTRA MEDICAL CTR MEDICAL SCREENINGS: HR MEDICAL SCREENINGS: HR 205876 6/3/2021 010338 POOL AND ELECTRICAL, CHEMICALS & PARTS: SPLASH PAD PRODUCTS INC CHEMICALS & PARTS: SPLASH PAD 205877 6/3/2021 000254 PRESS ENTERPRISE BAL DUE FY20/21 SUBSCR: PW COMPANY INC 180905656 205878 6/3/2021 008447 PRO AUTO COLLISION INC PAINTING SRVCS: PW VEHICLE 05-122 205879 6/3/2021 020127 QUINN COMPANY GENERATOR & ATS INSTALL: STA73, PW19-13 205880 6/3/2021 021622 REDEMANN JR, DAVID H, OUTLAW MTRCYCLE GANGS E. POLICE TRAINING INST LLC GARCIA 6/14-16 205881 6/3/2021 003072 RIVERSIDE AREA RAPE CRISIS FY20/21 CDBG SUB -RECIPIENT CTR Amount Paid Check Total 932.43 932.43 453.49 453.49 7,525.00 3,265.00 1,485.00 12, 275.00 60.75 -0.90 59.85 1,779.00 1,779.00 308.82 71.82 380.64 50.12 50.12 324.80 324.80 1,293.50 377.00 50.00 1,720.50 722.83 42.34 765.17 82.17 82.17 5,500.00 5,500.00 18,634.32 18,634.32 295.00 295.00 3,368.22 3,368.22 Page:4 apChkLst Final Check List Page: 5 O6/03/2021 12:18:16PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 205882 6/3/2021 000267 RIVERSIDE CO FIRE DEPARTMENT 205883 6/3/2021 001592 RIVERSIDE CO INFO TECHNOLOGY 205884 6/3/2021 001365 RIVERSIDE, COUNTY OF, ENVIRONMENTAL HEALTH DEPT 205885 6/3/2021 021964 RUSSELL SIGLER INC, DBA SIGLER WHOLESALE DIST 205886 6/3/2021 000277 SANDS WORLDWIDE INC 205887 6/3/2021 017699 SARNOWSKI SHAWNA M PRESTON 205888 6/3/2021 000519 SOUTH COUNTY PEST CONTROL INC 205889 6/3/2021 000293 STADIUM PIZZA INC 205890 6/3/2021 021120 STAR PRODUCTS LLC 205891 6/3/2021 022000 TJDL HOLDINGS INC 205892 6/3/2021 004124 TRUELINE CONSTRUCTION AND, SURFACING INC 205893 6/3/2021 022046 TURBOSCAPE INC 205894 6/3/2021 022536 U GYM LLC, DBA UFC GYM 205895 6/3/2021 002185 US POSTAL SERVICE 205896 6/3/2021 011659 ULINE INC (Continued) Description Amount Paid Check Total FPARC-TM, 233871, 20/21, Q3 1,809,264.25 1,809,264.25 APR EMERGENCY RADIO RENTAL: 2,159.91 2,159.91 POLICE RENEW PERMIT: SAM HICKS PRK 150.00 150.00 (SNACK BAR) HVAC UNITS PARTS: CIVIC CTR 142.00 142.00 ART/CRAFT SUPPLIES: SMR DAY 1,028.85 1,028.85 CAMP PHOTOGRAPHY: FRIENDSHIP PRK 150.00 150.00 5/22/21 MAY EMERG PEST CONTROL SRVCS: 94.00 RRSP 5/13 MAY PEST CONTROL SRVCS: RRSP 5/7 94.00 MAY EMERG PEST CONTROL SRVCS: RI 94.00 MAY EMERG PEST CONTROL SRVC: TEI\ 94.00 MAY EMERG PEST CNTRL SRVC: MEAD( 94.00 MAY PEST CONTROL SRVCS: DUCK POl' 49.00 519.00 REFRESHMENTS: AQUATICS 5/21 253.59 253.59 MISC SUPPLIES: PW STREET MAINT 900.49 900.49 REFUND: DEPOSIT MARGARITA 446.50 446.50 POINTE CONDO SPORT COURT RESURFACING: PALA 13,160.00 COMM PK SPORT COURT RESURFACING: PALA CC 10,800.00 23,960.00 PLAYGROUND FIBER: CITY PARKS 32,900.00 32,900.00 ANN'L MEMBERSHIP DUES: STN 12 999.00 999.00 POSTALSVCS: CITYWIDE 13,000.00 13,000.00 NEWLETTERS ��16Ye7�9�►1�Yq�]�I��y Z �:1: �:1:? Page:5 apChkLst Final Check List Page: 6 O6/03/2021 12:18:16PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 205897 6/3/2021 014486 VERIZON WIRELESS 04/21- 5/10 TASK FORCE TABLETS POLICE 205898 6/3/2021 020399 VOICES FOR CHILDREN FY20/21 CDBG SUB -RECIPIENT 205899 6/3/2021 007987 WALMART MISC SUPPLIES: SMR DAY CAMP MISC SUPPLIES: SMR DAY CAMP MISC SUPPLIES: SMR DAY CAMP 205900 6/3/2021 000621 WESTERN RIVERSIDE COST OF ISSUANCE: STREETLIGHT COUNCIL OF, GOVERNMENTS PRGM (WRCOG) Amount Paid Check Total 334.52 334.52 5,491.00 5,491.00 1,123.59 734.22 250.63 2,108.44 67,000.00 67,000.00 Grand total for UNION BANK: 2,187,146.84 Page6 apChkLst Final Check List Page: 7 O6/03/2021 12:18:16PM CITY OF TEMECULA 72 checks in this report. Grand Total All Checks: 2,187,146.84 Page:? Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: June 22, 2021 SUBJECT: Approve the City Treasurer's Report as of April 30, 2021 PREPARED BY: Rudy J. Graciano, Fiscal Services Manager RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of April 30, 2021. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of April 30, 2021. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of April 30, 2021 Portfolio Managment Treasury Report Portfolio Management Portfolio Summary April 30, 2021 City of Temecula 41000 Main Street Temecula, CA 92590 (951)694-6430 Par Market Book % of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 40,349,756.08 40,349,756.08 40,349,756.08 25.57 1 1 0.115 0.117 Retention Escrow Account 722,242.93 722,242.93 722,242.93 0.46 1 1 0.062 0.063 Letter of Credit 2.00 2.00 2.00 0.00 1 1 0.000 0.000 Trust Accounts 16,819,764.56 16,819,764.56 16,819,764.56 10.66 1 1 6.372 6.460 Local Agency Investment Funds 86,933,179.78 87,043,572.14 86,933,179.78 55.08 1 1 0.334 0.339 Federal Agency Callable Securities 8,000,000.00 7,958,020.00 8,000,000.00 5.07 1,666 1,303 1.036 1.051 Federal Agency Bullet Securities 5,000,000.00 5,085,210.00 5,000,000.00 3.17 1,132 502 1.897 1.923 157,824,945.35 157,978,567.71 157,824,945.35 100.00% 121 83 1.006 1.020 Investments Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 7,229,933.86 7,229,933.86 7,229,933.86 165, 054, 879.21 165, 208, 501.57 165, 054, 879.21 Total Earnings April 30 Month Ending Fiscal Year To Date Current Year 134,636.79 2,591,978.77 Average Daily Balance 164,965,047.76 154,307,595.79 Effective Rate of Return 0.99% 2.02% 1 1 0.000 0.000 121 83 1.006 1.020 Reporting period 04/01/2021-0413012021 Portfolio TEME Data Updated: SET_MTH: 06/09/2021 14:37 NL! CP Run Date: 06/09/2021 - 14:37 PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments April 30, 2021 Page 1 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 233358001-6 01-2 BOND F First Amer Govt Oblig Fund Cl 5,512.95 5,512.95 5,512.95 0.030 0.030 0.030 1 233358006-6 01-2 REF RES First Amer Govt Oblig Fund Cl 503,270.79 503,270.79 503,270.79 0.030 0.030 0.030 1 233358000-6 01-2 REF ST First Amer Govt Oblig Fund Cl 414,566.86 414,566.86 414,566.86 0.030 0.030 0.030 1 276213009-6 03-02 COI First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 276213008-6 03-02 IMPR First Amer Govt Oblig Fund Cl 978.96 978.96 978.96 0.030 0.030 0.030 1 276213006-6 03-02 RES First Amer Govt Oblig Fund Cl 741,125.17 741,125.17 741,125.17 0.030 0.030 0.030 1 164741002-6 03-03 BOND F First Amer Govt Oblig Fund Cl 07/01/2020 118,412.17 118,412.17 118,412.17 0.030 0.030 0.030 1 164741008-6 03-03IMP First Amer Govt Oblig Fund Cl 194,098.54 194,098.54 194,098.54 0.030 0.030 0.030 1 164741006-6 03-03RES First Amer Govt Oblig Fund Cl 0.30 0.30 0.30 0.000 0.000 1 164741000-6 03-03SPEC First Amer Govt Oblig Fund Cl 790,197.38 790,197.38 790,197.38 0.030 0.030 0.030 1 164742002-6 03-06 BOND F First Amer Govt Oblig Fund Cl 25,000.64 25,000.64 25,000.64 0.030 0.030 0.030 1 164742000-6 03-06SPEC First Amer Govt Oblig Fund Cl 118,763.84 118,763.84 118,763.84 0.030 0.030 0.030 1 229462007-6 03-1 2012 RF First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 229462002--6 03-1 BOND FD First Amer Govt Oblig Fund Cl 2,587.03 2,587.03 2,587.03 0.030 0.030 0.030 1 229462009-6 03-1 COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 229462006-6 03-1 RESERV First Amer Govt Oblig Fund Cl 17,217.28 17,217.28 17,217.28 0.030 0.030 0.030 1 229462000-6 03-1 SPECF First Amer Govt Oblig Fund Cl 359,974.96 359,974.96 359,974.96 0.030 0.030 0.030 1 94669921-6 03-1ACQ11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.870 0.858 0.870 1 94669911-6 03-1ACQA11 First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94669917-6 03-1 RES First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94669916-6 03-1 RESB11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94669000-6 03-1 SPTAX11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 276213002-6 03-2 REFU First Amer Govt Oblig Fund Cl 0.80 0.80 0.80 0.000 0.000 1 276213000-6 03-2 SPEC First Amer Govt Oblig Fund Cl 300,240.87 300,240.87 300,240.87 0.030 0.030 0.030 1 94686001-6 034ADMIN11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.060 0.059 0.060 1 94686005-6 034PREP11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.070 0.069 0.070 1 94686000-6 034RED11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.050 0.049 0.050 1 94686006-6 03-4RES11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.060 0.059 0.060 1 276213022-6 16-01 BOND F First Amer Govt Oblig Fund Cl 3.23 3.23 3.23 0.000 0.000 1 276213023-6 16-01 CAPINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.870 0.858 0.870 1 276213029-6 16-01 COI First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 276213028-6 16-01 IMP First Amer Govt Oblig Fund Cl 6,723,028.06 6,723,028.06 6,723,028.06 0.030 0.030 0.030 1 276213026-6 16-01 RESERV First Amer Govt Oblig Fund Cl 3,153,762.41 3,153,762.41 3,153,762.41 0.030 0.030 0.030 1 276213020-6 16-01 SPECF First Amer Govt Oblig Fund Cl 838,451.60 838,451.60 838,451.60 0.030 0.030 0.030 1 218848001-6 2017A&B INT First Amer Govt Oblig Fund Cl 4.80 4.80 4.80 0.000 0.000 1 218848008-6 2017ABPRIORP First Amer Govt Oblig Fund Cl 17,956.59 17,956.59 17,956.59 0.030 0.030 0.030 1 Data Updated: SET_MTH: 06/09/2021 14:37 Run Date: 06/09/2021 - 14:37 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments April 30, 2021 Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 218848013-2 2017B COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 218848000-6 2017B DS First Amer Govt Oblig Fund Cl 1,556,841.88 1,556,841.88 1,556,841.88 0.030 0.030 0.030 1 218848002-6 2017B PRIN First Amer Govt Oblig Fund Cl 989.27 989.27 989.27 0.030 0.030 0.030 1 218848009-6 2017B_PROJ First Amer Govt Oblig Fund Cl 13,121,356.74 13,121,356.74 13,121,356.74 0.030 0.030 0.030 1 233358009-6 233358009-6 First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94434160-6 RDA-021NT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94434161-6 RDA-02PRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886000-6 RDA-06AINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886001-6 RDA06APRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886010-6 RDA06BINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886011-6 RDA06BPRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.680 0.671 0.680 1 107886016-6 RDA06BRES First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 107886020-6 RDA071NT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886021-6 RDA07PRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.930 0.917 0.930 1 107886028-6 RDA07PROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 107886026-6 RDA07RES First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 136343008-6 RDA10APROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343018-6 RDA10BPROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343000-6 RDA10INT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343001-6 RDA10PRIN First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 136343006-6 RDA10RSRV First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 146161000-6 RDA11AINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 146161001-6 RDA11APRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INT1 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 136343018-2 RDA 10B CIP2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 146161008-3 RDA11APROJ Federated Institutional Tax Fr 0.00 0.00 0.00 0.800 0.789 0.800 1 146161006-3 RDA11ARSRV Federated Institutional Tax Fr 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-5 03-01 RES Federated Tax Free Obligations 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 164742006-5 03-06 RES Federated Tax Free Obligations 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 Portfolio TEME Data Updated: SET_MTH: 06/09/2021 14:37 NL! CP Run Date: 06/09/2021 - 14:37 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments April 30, 2021 Page 3 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 164742000-5 03-06 SPEC Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669902-5 03-1 bond fd Federated Tax Free Obligations 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94686001-5 034ADMIN11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94686005-5 034 PREP11 Federated Tax Free Obligations 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94686006-5 034 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-1 03-01-1 RES CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 276213008-1 03-02 IMP CA Local Agency Investment Fun 8,801,767.12 8,801,767.12 8,801,767.12 0.339 0.334 0.339 1 164742006-1 03-06 RES-1 CA Local Agency Investment Fun 307,153.52 307,153.52 307,153.52 0.339 0.334 0.339 1 229462007-1 03-1 2012 RE CA Local Agency Investment Fun 814,859.63 814,859.63 814,859.63 0.339 0.334 0.339 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 1,421,194.27 1,421,194.27 1,421,194.27 0.339 0.334 0.339 1 107886028-1 RDA 07 PRO-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 107886026-1 RDA 07 RES-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 229462020-0 03-01 CASH USBANK 438.42 438.42 438.42 0.000 0.000 1 164742006-0 03-06 Cash USBANK 02/01/2021 0.00 0.00 0.00 0.000 0.000 1 233358050-1 01-2 SPECESC U.S. Treasury 0.00 0.00 0.00 0.360 0.355 0.360 1 Subtotal and Average 40,341,853.64 40,349,756.08 40,349,756.08 40,349,756.08 0.115 0.117 1 Retention Escrow Account 218848050-0 2002 ESCROW USBANK 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 218848060-0 2006AESCRO USBANK 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 218848070-0 2006BESCRO USBANK 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 218848080-0 2007ESCROW USBANK 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 229462020-2 03-01 ESCROW U.S. Treasury 722,242.93 722,242.93 722,242.93 0.063 0.062 0.063 1 Subtotal and Average 721,997.74 722,242.93 722,242.93 722,242.93 0.062 0.063 1 Letter of Credit 218848006-1 2017B RESER ASSURED GUARANTY MUNICIPAL COR 07/01/2020 233358006-1 01-2 REFRESI ASSURANCE CO BOND INSURANCE 07/01/2020 Subtotal and Average 2.00 Data Updated: SET_MTH: 06/09/2021 14:37 Run Date: 06/09/2021 - 14:37 1.00 1.00 1.00 0.000 0.000 1 1.00 1.00 1.00 0.000 0.000 1 2.00 2.00 2.00 0.000 0.000 1 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments April 30, 2021 Page 4 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Trust Accounts 6746058700 PARS Pension US Bank Trust 16,819,764.56 16,819,764.56 16,819,764.56 6.460 6.372 6.460 1 Subtotal and Average 16,378,835.13 16,819,764.56 16,819,764.56 16,819,764.56 6.372 6.460 1 Local Agency Investment Funds SYSCITY CITY CA Local Agency Investment Fun 44,099,919.89 44,155,920.31 44,099,919.89 0.339 0.334 0.339 1 SYSRDA RDA CA Local Agency Investment Fun 1,889.48 1,891.88 1,889.48 0.339 0.334 0.339 1 SYSTCSD TCSD CA Local Agency Investment Fun 42,831,370.41 42,885,759.95 42,831,370.41 0.339 0.334 0.339 1 Subtotal and Average 88,388,837.18 86,933,179.78 87,043,572.14 86,933,179.78 0.334 0.339 1 Federal Agency Callable Securities 3133EMQGO 01259 Federal Farm Credit Bank 02/10/2021 1,000,000.00 988,540.00 1,000,000.00 0.320 0.316 0.320 1,381 02/10/2025 313OAKQ41 01258 Federal Home Loan Bank 01/28/2021 1,000,000.00 982,630.00 1,000,000.00 0.520 0.513 0.520 1,733 01/28/2026 3130ALEU4 01260 Federal Home Loan Bank 02/25/2021 1,000,000.00 991,720.00 1,000,000.00 0.350 0.345 0.350 1,304 11/25/2024 3130ALWV2 01261 Federal Home Loan Bank 04/21/2021 1,000,000.00 1,000,910.00 1,000,000.00 0.550 1.011 1.025 1,816 04/21/2026 3130AM2V3 01262 Federal Home Loan Bank 04/29/2021 1,000,000.00 997,870.00 1,000,000.00 0.700 0.690 0.700 1,459 04/29/2025 3134GBGZ9 01232 Federal Home Loan Mtg Corp 04/27/2017 1,000,000.00 1,014,210.00 1,000,000.00 2.000 1.964 1.991 271 01/27/2022 3134GSMF9 01246 Federal Home Loan Mtg Corp 05/30/2018 1,000,000.00 1,001,950.00 1,000,000.00 3.000 2.959 3.000 755 05/26/2023 3134GXJL9 01257 Federal Home Loan Mtg Corp 12/30/2020 1,000,000.00 980,190.00 1,000,000.00 0.500 0.493 0.500 1,704 12/30/2025 Subtotal and Average 6,400,000.00 8,000,000.00 7,958,020.00 8,000,000.00 1.036 1.051 1,303 Federal Agency Bullet Securities 3133EJT74 01249 Federal Farm Credit Bank 11/15/2018 1,000,000.00 1,015,890.00 1,000,000.00 3.050 3.008 3.050 198 11/15/2021 3133ELMA9 01254 Federal Farm Credit Bank 02/07/2020 1,000,000.00 1,027,130.00 1,000,000.00 1.420 1.401 1.420 828 08/07/2023 3133ELTU8 01256 Federal Farm Credit Bank 03/18/2020 1,000,000.00 1,016,740.00 1,000,000.00 0.920 0.907 0.920 1,052 03/18/2024 3130AHF81 01251 Federal Home Loan Bank 10/25/2019 1,000,000.00 1,007,410.00 1,000,000.00 1.600 1.578 1.600 177 10/25/2021 3135GOU92 01250 Federal National Mtg Assn 01/11/2019 1,000,000.00 1,018,040.00 1,000,000.00 2.625 2.589 2.625 255 01/11/2022 Subtotal and Average 5,000,000.00 5,000,000.00 5,085,210.00 5,000,000.00 1.897 1.923 502 Total and Average 164,965,047.76 Data Updated: SET_MTH: 06/09/2021 14:37 Run Date: 06/09/2021 - 14:37 157,824,945.35 157,978,567.71 157,824,945.35 1.006 1.020 83 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Cash April 30, 2021 Page 5 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Passbook/Checking Accounts 1453718479 WORKERS BANK OF AMERICA MERRILL LYNC 07/01/2020 22,601.57 22,601.57 22,601.57 0.000 0.000 1 SYSPetty Cash Petty Cash City of Temecula 07/01/2020 3,911.00 3,911.00 3,911.00 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 7,195,268.29 7,195,268.29 7,195,268.29 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2020 8,153.00 8,153.00 8,153.00 0.000 0.000 1 Average Balance 0.00 Total Cash and Investments 164,965,047.76 Q 165,054,879.21 165,208,501.57 165,054,879.21 1.006 1.020 83 Portfolio TEME Data Updated: SET_MTH: 06/09/2021 14:37 NL! CP Run Date: 06/09/2021 - 14:37 PM (PRF_PM2) 7.3.0 Cash and Investments Report CITY OF TEMECULA Through April 2021 Fund # Fund Name Beginning Balance Receipts Disbursements Fund Total 001 GENERAL FUND $ 36,628,479.51 $ 7,701,028.22 $ 7,352,365.75 $ 36,977,141.98 002 MEASURE S FUND 16,908,851.27 2,903,020.74 5,639.79 19,806,232.22 100 STATE GAS TAX FUND 513,097.48 179,203.27 410,982.30 281,318.45 102 RMRA-ROAD MAINTENANCE REHABILITATION ACT 2,673,617.63 180,032.29 196.18 2,853,453.74 103 STREETS MAINTENANCE FUND 2,457,785.18 2,844.77 169.16 2,460,460.79 106 UPTOWN TEMECULA NEW STREETS IN LIEU FEES 893,336.54 1,625.15 61.52 894,900.17 120 DEVELOPMENT IMPACT FUND 3,442,217.69 167,935.55 248.20 3,609,905.04 125 PEG PUBLIC EDUCATION & GOVERNMENT 499,810.47 851.52 34.42 500,627.57 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 838,719.99 687.54 57.70 839,349.83 150 AB 2766 FUND 107,899.75 115.12 7.42 108,007.45 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 25,133.07 8,344.33 25,055.47 8,421.93 161 TEMECULA MAJOR CRIMES REWARD FUND 27,137.37 49.68 1.86 27,185.19 165 AFFORDABLE HOUSING 1,987,912.10 1,805.41 30,392.18 1,959,325.33 170 MEASURE A FUND 7,922,470.70 321,923.40 566.78 8,243,827.32 190 TEMECULA COMMUNITY SERVICES DISTRICT 2,106,009.94 51,700.41 1,105,205.14 1,052,505.21 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 526,628.80 605.43 23,165.09 504,069.14 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 458,708.97 578.91 5,231.38 454,056.50 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 28,037.97 53.43 1.94 28,089.46 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 406,725.64 1,942.49 23,038.13 385,630.00 197 TEMECULA LIBRARY FUND 505,273.83 1,337.92 98,109.76 408,501.99 198 PUBLIC ART 84,154.55 2,269.56 5.94 86,418.17 210 CAPITAL IMPROVEMENT PROJECT FUND 18,550,158.45 1,138,786.56 4,232,078.56 15,456,866.45 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 194,093.59 4.95 - 194,098.54 277 CFD-RORIPAUGH 8,936,948.52 9,868.39 9.90 8,946,807.01 278 CFD-RORIPAUGH II 6,722,856.75 171.31 - 6,723,028.06 300 INSURANCE FUND 1,108,328.92 1,063.07 59,764.97 1,196,779.93 305 WORKER'S COMPENSATION 2,095,773.96 2,596.04 20,738.22 2,079,712.96 310 VEHICLES AND EQUIPMENT FUND 1,926,815.68 1,575.60 136.24 1,981,690.66 320 INFORMATION TECHNOLOGY 706,335.61 1,069.48 297,604.03 1,243,119.76 325 TECHNOLOGY REPLACEMENT FUND 1,378,975.23 1,080.66 40,338.53 1,387,663.34 330 CENTRAL SERVICES (14,141.50) 508.02 22,317.66 22,113.60 335 CENTRAL SERVICES 295,012.93 277.96 20.98 305,168.16 340 FACILITIES 370,572.80 11,874.11 168,676.04 598,932.44 350 FACILITY REPLACEMENT FUND (7,902.02) 163.08 1,525.00 126.84 380 SARDA DEBT SERVICE FUND 13,968,574.35 1,557,777.82 1,556,840.63 13,970,345.43 460 CFD 88-12 DEBT SERVICE FUND 95,174.03 86.34 6.56 95,341.74 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 946,177.63 203.38 2,182.43 944,241.36 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,945,236.93 1,294.92 2,182.85 1,944,379.71 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 5,196.51 5.40 246.67 4,962.38 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 2,383,780.49 1,989.95 2,313.52 2,383,521.80 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 486,860.99 435.25 2,183.35 485,146.87 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 1,062,395.49 155.55 2,439.94 1,060,138.91 478 CFD-RORIPAUGH II 4,021,745.59 643.26 2,182.89 4,020,269.34 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 9,107.83 17.83 2,880.23 6,246.93 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 108,010.97 118.25 2,279.03 105,940.34 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 43,928.55 59.87 2,738.20 41,278.92 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 3,518.33 23.54 669.92 2,874.25 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 25,102.33 44.92 2,330.18 22,834.00 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 34,928.79 52.50 1,317.69 33,694.33 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 6,933.32 14.63 1,116.41 5,835.10 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 103,269.83 96.45 12,041.09 91,393.73 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 29,792.43 35.12 238.02 29,615.78 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 12,300.19 27.26 608.23 11,729.31 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 3,288.61 11.12 149.88 3,152.37 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 100,448.40 93.80 7,588.24 93,037.97 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 27,294.78 37.82 2,337.40 25,013.15 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 10,430.76 17.71 971.23 9,483.74 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 10,025.13 17.45 872.12 9,178.06 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 61,993.38 68.05 6,974.14 55,134.26 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1,785.32 9.80 160.57 1,635.85 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 54,058.23 49.94 12,667.75 41,470.20 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 77,992.74 81.23 3,849.68 74,299.38 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 216,207.07 206.81 14,734.68 201,852.28 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 210,760.25 198.66 37,719.31 173,399.44 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 9,773.66 17.04 589.74 9,209.08 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 20,963.16 39.31 435.38 20,585.35 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 45,080.65 45.92 10,197.99 34,945.74 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 66,108.43 65.31 10,778.11 55,448.75 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 1,380.14 9.42 166.32 1,224.17 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 7,877.40 27.35 597.25 7,313.01 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 680,988.77 626.59 35,026.13 647,181.73 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3,737.59 11.53 180.37 3,571.48 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 36,211.74 32.85 2.50 36,275.54 701 PENSION RATE STABILIZATION FUND $ 16,363,630.67 456,133.89 - $ 16,819,764.56 Grand Total: $ 164,607,908.83 $ 14,717,878.21 $ 15,666,542.87 $ 165,208,501.57 Journal Entries completed after March's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns. Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Isaac Garibay, Director of Human Resources and Risk Management DATE: June 22, 2021 SUBJECT: Approve Annual Renewal of City Insurance Policies PREPARED BY: Nicole Flores, Risk Management Analyst RECOMMENDATION: That the City Council approve the following insurance policies and appropriate an additional $123,265.00 to Fund 300 - Insurance and $40,919.00 to Fund 305 - Workers' Compensation to cover the increased premiums: 1. renewal for I't Excess Liability insurance with AIX Specialty Insurance Company, in the amount of $195,209.00, for the period of July 1, 2021 to July 1, 2022; and 2. renewal for 2nd Excess Liability insurance with Hallmark Specialty Insurance Company, in the amount of $116,153.00, for the period of July 1, 2021 to July 1, 2022; and 3. renewal for Excess Workers' Compensation insurance with Arch Insurance Company, in the amount of $108,154.00, for the period of July 1, 2021 to July 1, 2022; and 4. renewal for Property & Equipment Breakdown insurance with Hanover Insurance Company, in the amount of $105,110.00 for the period of July 1, 2021 to July 1, 2022; and 5. renewal for Difference in Conditions (Earth Movement and Flood) insurance with Steadfast Insurance Company and QBE Specialty Insurance Company in the amount of $230,248.00, for the period of July 1, 2021 to July 1, 2022; and 6. renewal for Auto Physical Damage insurance with Hanover Insurance Company, in the amount of $10,104.00, for the period of July 1, 2021 to July 1, 2022; and 7. Cyber Liability insurance with ACE American Insurance Company, in the amount of $30,690.00, for the period of July 1, 2021 to July 1, 2022; and 8. Crime insurance with Hanover Insurance Company, in the amount of $2,582.00, for the period of July 1, 2021 to July 1, 2022; and 9. Pollution/Environmental Legal Liability insurance with Illinois Union Insurance Company, in the amount of $12,547.00, for the period of July 1, 2021 to July 1, 2022; and 10. Volunteer Accident insurance with Berkley Life & Health Insurance Company, in the amount of $1,465.00, for the period of July 1, 2021 to July 1, 2022; and 11. Standalone Terrorism Liability, Business Interruption, and Property Damage insurance with Lloyd's Syndicate 2623/623 Beazley Furlonge LTD, in the amount of $8,890.00, for the period of July 1, 2021 to July 1, 2022; and 12. Drone Coverage with ACE American Insurance Company and National Liability & Fire Insurance Company in the amount of $1,440.00, for the period of July 1, 2021 to July 1, 2022. BACKGROUND: In preparation for the July 1, 2021 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 Excess Liability, Excess Workers' Compensation, Property & Equipment Breakdown, Difference in Conditions (Earth Movement and Flood), Automobile Physical Damage, Cyber Liability, Crime, Environmental Liability, Volunteer Accident, and Terrorism coverage. In response, AJG obtained proposals from various insurance carriers for insurance premiums which represent an approximate increase of $182,068.00 over the City's FY 2020/21 insurance premiums. To ensure the insurance companies have sufficient financial capacity to provide the necessary policy limits to insure the City's risks, AJG utilized the services of A.M. Best Rating system to assess their financial strength and creditworthiness. The insurance premiums are listed below by category and in order of responsiveness: First Excess Liability Insurance Carrier Premium AIX Specialty Insurance Company $195,209.00 The premium amount of $195,209.00 for Excess Liability Insurance is for the first excess liability insurance coverage. Liability saw a 60% increase primarily due to AIX reducing their capacity from $1 OM to $5M, and the need for an additional carrier to provide an additional $5M to complete the full $1 OM limit. The increase in premiums is primarily due to recent liability related claim activity and the current market conditions as a whole. The preferred proposal submitted by AIX Specialty Insurance Company provides coverage of $5 million per occurrence with a self -insured retention of $150,000. A.M. Best assigned AIX Specialty 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. Second Excess Liability Insurance Carrier Premium Hallmark Specialty Insurance Company $116,563.00 The premium amount of $116,563.00 for Excess Liability Insurance represents a $116,563.00 increase over the previous policy, due to AIX reducing their capacity from $10M to $5M. The increase in premiums is primarily due to recent liability related claim activity and the current market conditions as a whole. The preferred proposal submitted by Hallmark Specialty Insurance Company provides coverage of $5 million per occurrence. A.M. Best assigned Hallmark Specialty Insurance Company a Financial Strength Rating of "A-" (Excellent) and a Financial Size Category of "XIII" ($100 Million to $250 Million) based on their policyholder's adjusted surplus. Excess Workers' Compensation Insurance Carrier Premium Safety National Casualty Corporation $161,910.00 - $500K SIR Safety National Casualty Corporation $150,009.00 - $650K SIR Arch Insurance Company $108,154.00 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 Excess Insurance premium amount of $108,154.00 represents a $51,844.00 increase over the previous policy. A.M. Best assigned Arch 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. Property and Equipment Breakdown Insurance Carrier Premium American Home Assurance Company $184,501.00 Hanover Insurance Company $105,110.00 The premium amount of $105,110.00 represents a $34,890.00 decrease over the previous policy. The preferred proposal submitted by Hanover Insurance Company provides coverage of $100 Million with a $25,000 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 IPremium Prima - Steadfast Insurance Company $1 OM Limit 1 $156,734.00 Excess - QBE Specialty Insurance Company $73,514.00 $25M xs of $1 OM Subtotal $230,248.00 The premium amount of $230,248.00 represents a $28,447.00 increase over the previous policy due to a slight increase in exposure rates and marketplace increases in catastrophe coverage. The premium amount includes the primary and excess policies indicated above. The preferred proposal submitted by Steadfast Insurance Company includes $10,000,000 in coverage with 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 Steadfast Insurance Company a Financial Strength Rating of "A+" (Superior) and above and Financial Size Categories of "XV" ($2 Billion or Greater) based on their policyholder's adjusted surplus. A.M. Best assigned QBE Specialty Insurance Company a Financial Strength Rating of "A" (Excellent) and above and Financial Size Categories of "XV" ($2 Billion or Greater) based on their policyholder's adjusted surplus. Auto Physical Damage & Contractor's Equipment Carrier Premium Hanover Insurance Company $10,104.00 Travelers Companies, Inc. Declined to Quote — Pricing Not Competitive Alterra America Insurance Company Declined to Quote — Does Not Write Public Entities Colony Insurance Company Declined to Quote — Pricing Not Competitive Seneca Specialty Insurance Company Declined to Quote — Pricing Not Competitive Sompo America Insurance Company Declined to Quote — Pricing Not Competitive AGCS Marine Insurance Company Declined to Quote — Pricing Not Competitive AIG Declined to Quote — Pricing Not Competitive The premium amount of $10,104.00 represents a $787 (nominal) increase over the previous policy due to small market increases. The preferred proposal submitted by Hanover Insurance Company provides coverage of $3,420,415 total insured value Auto Physical Damage and $1,000,000 for Contractors Equipment with a $5,000 deductible for each. 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 Liability Insurance Carrier Premium Indian Harbor Insurance Company $44,125 Retention $250K ACE American Insurance Company $30,690.00 Retention $50K Underwriters at Lloyd's, London Declined to Quote — Other/Carrier cited security issues with computer network The premium amount of $30,690.00 represents a $19,686.00 increase over the previous policy due to recent market changes and increased municipality loss development from ransomware claims. The preferred proposal submitted by ACE American Insurance Company provides coverage of $1,000,000 with a $50,000 retention, which is increased from $15,000 the previous year. A.M. Best assigned National Union Fire 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. Crime Insurance Carrier Premium Hanover Insurance Company $2,582.00 The premium amount of $2,582.00 represents no increase over the previous policy. The Crime Policy is a three-year policy, which renews next year. The preferred proposal submitted by Hanover Insurance Company provides coverage of $1,000,000 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, as well as Volunteer Workers. 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. Pollution/Environmental Legal Liability Insurance Carrier Premium Indian Harbor Insurance Company $13,887.00 Illinois Union Insurance Company $12,547.00 Ironshore Specialty Insurance Company $22,933.00 The premium amount of $12,547.00 represents a $1,134.00 decrease over the previous policy. The preferred proposal submitted by Illinois Union Insurance Company provides a coverage limit of $1,000,000 with $2,000,000 aggregate and a $25,000 SIR. A.M. Best assigned Illinois Union Insurance 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. Volunteer Accident Insurance Carrier Premium Berkley Life & Health Insurance Company $1,465.00 Zurich American Insurance Company Declined to Quote — will only write coverage on an Excess Basis Federal Insurance Company $2,400.00 AXIS Insurance Company $3,208.00 The premium amount of $1,465.00 represents a $85.00 increase over the previous policy due to an increase in the volunteer count. The preferred proposal submitted by Berkley Accident & Health provides $50,000 coverage with $500,000 aggregate of Accidental Death and Dismemberment (AD&D) at no deductible and $100,000 of Accidental Medical Expense at no deductible. A.M. Best assigned Berkley Life and Health Insurance Company a Financial Strength Rating of "A+" (Superior) and a Financial Size Category of "VIII" ($100 Million to $250 Million) based on their policyholder's adjusted surplus. Standalone Terrorism Liability Carrier Premium Lloyd's Syndicate/ Beazley Furlon e Ltd. $8,890.00 The premium amount of $8,890.00 represents a $315.00 increase over the previous policy due to market trends. The preferred proposal submitted by Lloyd's/Beazley provides $5,000,000 coverage with $5,000,000 aggregate and a $10,000 deductible. A.M. Best assigned Lloyd's of London / Beazley 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. Drone Coverage Carrier Premium ACE American Insurance Company $1,440.00 National Liability & Fire Insurance Company The premium amount of $1,440.00 represents a $365.00 increase over the previous policy due increase in the limit. The preferred proposal submitted by ACE American Insurance Company / National Liability & Fire Insurance Company provides $1,000,000 in liability coverage and $2,500 in Hull coverage with a $125 Hull deductible. A.M. Best assigned ACE American / National Liability and Fire 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. FISCAL IMPACT: An increase in funds for the Insurance Internal Service Fund (account 300.199.999.5204) in the amount of $123,265.00 and the Workers' Compensation (account 305.199.999.5200) in the amount of $40,919.00 is needed to fully fund the insurance premiums for the Fiscal Year 2021-22. ATTACHMENTS: Insurance Proposal Prepared for City of Temecula Proposal of Insurance City of Temecula 41000 Main Street Temecula, CA 92590 Presented: May 19, 2021 Effective: July 1, 2021 Susan Blankenburg Area Executive Vice President Ryan L.Jacques Area Vice President Ali Arthur J. Gallagher & Co. Insurance Brokers of California, I License Number - 0726293 595 Market Street, Suite 2100 San Francisco, CA 94105 (415) 546-9300 Gallagher k** CORE 360" Gallagher Insurance I Risk Management I Consulting City of Temecula *,* Gallagher *O CORE 360" Table of Contents ExecutiveSummary.................................................................................................................................................... 3 ServiceTeam............................................................................................................................................................... 4 ProgramStructure.......................................................................................................................................................5 NamedInsured.......................................................................................................................................................6 ExposureRate Premium Table.............................................................................................................................. 8 MarketReview........................................................................................................................................................ 9 ProgramDetails.................................................................................................................................................... 12 First Excess Liability - $5M xs SIR - AIX Specialty Insurance Company....................................................... 12 Second Excess Liability - $5M xs $5M - Hallmark Specialty Insurance Company ........................................ 15 Excess Workers Compensation - Safety National Casualty Corporation...................................................... 17 Excess Workers Compensation - Arch Insurance Company......................................................................... 19 Property - American Home Assurance Company.......................................................................................... 20 Property - Hanover Insurance Company....................................................................................................... 23 Primary Difference in Conditions - $10M Limit - Steadfast Insurance Company, (More) ............................... 27 Excess Difference in Conditions - $25M xs $10M - QBE Specialty Insurance Company, (More) ................. 31 Standalone Terrorism - Lloyds' Syndicate 2623/623 (Beazley Furlonge Ltd) ................................................ 35 Auto Physical Damage/Contractors Equipment - Hanover Insurance Company ........................................... 36 Cyber Liability - Indian Harbor Insurance Company...................................................................................... 39 Cyber Liability - ACE American Insurance Company.................................................................................... 43 Pollution Legal Liability - Ironshore Specialty Insurance Co.......................................................................... 47 Pollution Legal Liability - Illinois Union Insurance Company......................................................................... 51 Pollution Legal Liability - Indian Harbor Insurance Company........................................................................ 54 Drone Coverage - ACE American Insurance Company, (More).................................................................... 57 Volunteer Accident - Berkley Life and Health Insurance Company............................................................... 59 Volunteer Accident - Federal Insurance Company........................................................................................ 62 Volunteer Accident - AXIS Insurance Company............................................................................................ 64 PremiumSummary...............................................................................................................................................67 PaymentPlans..................................................................................................................................................... 73 Carrier Ratings and Admitted Status....................................................................................................................... 75 ProposalDisclosures................................................................................................................................................76 ProposalDisclosures............................................................................................................................................ 77 Client Signature Requirements................................................................................................................................79 Surplus Lines Notice - California.......................................................................................................................... 80 Client Authorization to Bind Coverage.................................................................................................................. 82 Appendix.................................................................................................................................................................... 85 Bindable Quotations & Compensation Disclosure Schedule................................................................................ 86 BindingRequirements..........................................................................................................................................89 ClaimsReporting By Policy.................................................................................................................................. 91 E City of Temecula ** Gallagher *o• CORE 360'" Executive Summary Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. appreciates the opportunity to present this proposal for your consideration. We initiated the process early, presenting our Core 360 renewal stewardship report on March 1, 2021 and left with our marching orders from the City for marketing the renewal. The City turned around the completed application very quickly and we were in the marketplace earlier than usual. This was extremely helpful as carriers required many additional questions never requested before and staff produced answers quickly and we were able to get your terms finalized. The good news for well performing Cities like Temecula is that you received preferential treatment and pricing from the marketplace. As a City without Police and Fire, California insurers viewed Temecula more favorably than other full service Cites who are seeing rating increases are as high as 200-300%, with mandatary increases in SIRS. Even the City pools are seeing significant increases. With ten public entity carriers withdrawing from writing Liability and Cyber Risk heading into the second year of the deterioration for the California marketplace and the continued civil unrest, we feel that the 28% overall increase in the City of Temecula's renewal is as good as it gets. The three lines of coverage that saw the largest increases were: Liability saw a 60% increase primarily due to AIX reducing their capacity from $10M to $5M, and the need for an additional carrier to provide and additional $5M to complete the full $10M limit. Workers' Compensation came in from Safety National, the City's current carrier, at a 300% increase due to their newly imposed minimum premiums. We received a competitive quote received from Arch that offered a saving of $53,756. The Cyber Risk Liability marketplace is in crisis mode due the significant increase in Ransomware claims seen over the past year. Premium for municipalities requested by most carriers are starting at $25,000 and many have moved up to $50,000. As we shared the controls that the City has in place we were able to negotiate a premium of $30,690, just above the low end of the range. In addition to the demands from the marketplace, there were several significant increases in exposure since last year that contributed to the increases in premium that include: o Revenues were up 127% o Payrolls were up 11 % o Volunteer count was up 14% We are pleased to enclose our proposal illustrating the extensive marketing effort conducted on your behalf. We take pride in our relationship with the City of Temecula and consider it a privilege to have the opportunity to serve as your insurance broker and risk management partner. Best regards, Wednesday, May 19, 2021 City of Temecula ** Gallagher *o• CORE 360'" Service Team Susan Blankenburg has primary service responsibility for your company. We operate using a team approach. Your Service Team consists of: Susan Blankenburg (415) 536-8417 Area Executive Vice President Ryan Jacques (949) 349-9831 Area Vice President Greg Kelson (415) 536-8466 Client Service Manager Pat Worthing (415) 536-4044 Producer Associate Ron Green Senior Client Service (415) 536-8432 Associate Susan Blankenbur a' com Team Service and g@ fig' Accountability Ryan_Jacques@ajg.com Account Executive Greg_Kelson@ajg.com Account Manager Pat—Worthing@ajg.com Ron_Green@AJG.com Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. Main Office Phone Number: (415) 546-9300 Assistant Account Manager Certificate Specialist City of Temecula *,* Gallagher *O CORE 360" Program Structure City of Temecula *,* Gallagher *O CORE 360" Named Insured City of Temecula Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Auto Physical Damage Redevelopment Agency for the City of Temecula Temecula Community Services District Temecula Housing Authority Temecula Public Financing Authority City of Temecula Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Crime Redevelopment Agency for the City of Temecula Temecula Community Services District Temecula Housing Authority Temecula Public Financing Agency Cyber Liability City of Temecula City of Temecula Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Earth Movement & Flood Redevelopment Agency of the City of Temecula (DIC) Temecula Community Services District Temecula Housing Authority Temecula Public Financing Agency City of Temecula Industrial Development Authority of the City of Temecula Oversight Board and The Successor Agency to the Redevelopment Agency Liability Redevelopment Agency for the City of Temecula Temecula Community Services District Temecula Housing Authority City of Temecula *,* Gallagher *O CORE 360" LINE OF COVERAGE NAMED INSURED Temecula Public Financing Authority City of Temecula Industrial Development Authority of the City of Temecula Pollution Legal Liability Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Redevelopment Agency for the City of Temecula Temecula Community Services District Temecula Housing Authority Temecula Public Financing Agency Property Standalone Terrorism City of Temecula Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Redevelopment Agency of the City of Temecula Temecula Community Services District Temecula Housing Authority Temecula Public Financing Authority City of Temecula Volunteer Accident City of Temecula Workers' Compensation City of Temecula Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Redevelopment Agency of the City of Temecula Temecula Community Services District Temecula Housing Authority Temecula Public Financing Authority Note: Any entity not named in this proposal, may not be an insured entity. City of Temecula ** Gallagher *o• CORE 360'" Exposure Rate Premium Table EXPIRING RENEWAL % EXPOSURES Payroll $16,441,016 $18,309,453 11% Property - TIV $182,920,525 $188,361,183 3% Auto Physical Damage incl. Contractor's Equipment $3,426,354 $3,420,415 0% Revenue $158,439,473 $360,316,429 127% Volunteer Count 350 400 14% Drone Hull Value $2,500 $2,500 0% RATES Liability - payroll 1.1873 1.7028 43% Worker's Compensation - payroll 0.3425 0.5907 72% Property - TIV 0.0765 0.0558 -27% Earth Movement & Flood (DIC) - TIV 0.0751 0.0832 11% Auto Physical Damage incl. Contractor's Equipment - TIV 0.2719 0.2954 9% Cyber - Revenue 0.0069 0.0085 23% Volunteer Accident - Volunteer Count 3.9429 3.6625 -7% Pollution Legal Liability -TIV 0.0075 0.0067 -11% Standalone Terrorism - TIV 0.0047 0.0047 1% Drone - Hull Value 0.4300 0.4816 12% PREMIUMS Liability ($10M Limit) $195,208.58 60% 1st XS Liability ($5M xs SIR) $195,208.58 2nd XS Liability ($5M xs $5M) $116,562.50 Workers Compensation $56,310.00 $108,154.00 92% Property $140,000.00 $105,110.15 -25% Earth Movement & Flood (DIC) $137,350.38 $156,733.50 14% Excess Earth Movement & Flood (DIC) $64,449.69 $73,514.00 14% Auto Physical Damage incl. Contractor's Equipment $9,317.00 $10,104.00 8% Cyber $11,004.00 $30,690.00 179% Volunteer Accident $1,380.00 $1,465.00 6% Drone $1,075.00 $1,204.00 12% Pollution Legal Liability $13,680.63 $12,546.94 -8% Standalone Terrorism $8,574.91 $8,889.82 4% TOTAL PREMIUM $638,350.19 $820,182.49 28% City of Temecula *,* Gallagher *o• CORE 360 Market Review We approached the following carriers in an effort to provide the most comprehensive and cost effective insurance program. FIRST EXCESS LIABILITY ($5M Excess of Self -Insured Retention) AIX Specialty Insurance Recommended Quote 1st Excess Liability - $150K SIR Company - $200K SIR SECOND EXCESS LIABILITY ($5M Excess of $5M) Hallmark Specialty 2nd Excess Liability Recommended Quote Insurance Company Allied World Assurance 2"d Excess Liability Indication Company EXCESS WORKERS COMPENSATION Safety National Casualty Quoted Corporation Excess Workers Compensation - $500K SIR (incumbent) - $650K SIR Arch Insurance Company Excess Workers Compensation Recommended Quote PROPERTY American Home Assurance Company (incumbent) Hanover Insurance Company Property Property Quoted Recommended Quote PRIMARY DIFFERENCE IN CONDITIONS ($10M Limit) Steadfast Insurance Company Primary Difference in Recommended Quote General Security Indemnity Conditions Co of Arizona EXCESS DIFFERENCE IN CONDITIONS ($25M Excess of $10M) QBE Specialty Insurance Company Lloyd's Syndicate 33 Excess Difference in Recommended Quote General Security Indemnity Conditions Co of Arizona Mercer Insurance Company STANDALONE TERRORISM ($5M Limit) Lloyds' Syndicate 2623/623 Standalone Terrorism Recommended Quote (Beazley Furlonge Ltd) AUTO PHYSICAL DAMAGE / CONTRACTORS EQUIPMENT Sompo America Insurance Auto Physical Declined Declined to Quote -Pricing not Company Equipment Competitive E $195,208.58 $165, 775.10 $116,562.50 $190,000.00 $161,910.00 $150,009.00 $108,154.00 $184,501.00 $156,733.50 $73,514.00 $8,889.82 City of Temecula *,* Gallagher *O CORE 360" Hanover Insurance Company (incumbent) AGCS Marine Insurance Company Alterra America Insurance Company Colony Insurance Company Seneca Specialty Insurance Company Travelers Property Casualty Co of America Indian Harbor Insurance Company ACE American Insurance Company (incumbent) Underwriters at Lloyd's, London Ironshore Specialty Insurance Co Illinois Union Insurance Company Indian Harbor Insurance Company (incumbent) ACE American Insurance Company National Liability & Fire Insurance Co (incumbent) Berkley Life and Health Auto Physical Damage/Contractors Equipment Auto Physical Damage/Contractors Equipment Auto Physical Damage/Contractors Equipment Auto Physical Damage/Contractors Equipment Auto Physical Damage/Contractors Equipment Auto Physical Damage/Contractors Equipment CY Cyber Liability Cyber Liability Cyber Liability Declined to Quote - Other / Carrier cited security issues with computer network POLLUTION LEGAL LIABILITY Pollution Legal Liability Quoted .,PREMIUM Recommended Quote $10,104.00 Pollution Legal Liability Recommended Quote Pollution Legal Liability Quoted DRONE COVERAGE -F Drone Coverage Recommended Quote VOLUNTEER ACCIDENT Insurance Company Volunteer Accident (incumbent) Zurich American Insurance Volunteer Accident Company Federal Insurance Company Volunteer Accident 10 Recommended Quote Declined to Quote - Other / Will only write coveranP nn an Fxr.PSS Rnsis_ Quoted $22,932.86 $12,546.94 $13,887.13 $1,204.00 $1,465.00 City of Temecula *,* Gallagher *O CORE 360" INSURANCE COMPANY LINE OF COVERAGE RESPONSE AXIS Insurance Company Volunteer Accident Quoted $3,208.00 11 City of Temecula *,* Gallagher *O CORE 360" Program Details Coverage: First Excess Liability - $5M xs SIR Carrier: AIX Specialty Insurance Company Policy Period: 7/1/2021 to 7/1/2022 Coverage: DESCRIPTION• General Liability Limit $5,000,000 Each Occurrence General Liability Limit $5,000,000 Annual Aggregate Automobile Liability Errors & Omissions Liability Limit $5,000,000 Each Accident Each Occurrence Limit $5,000,000 Errors & Omissions Liability Limit $10,000,000 Annual Aggregate Employee Benefits Liability Limit $5,000,000 Each Occurrence Employee Benefits Liability Limit $5,000,000 Annual Aggregate Law Enforcement Liability Limit $5,000,000 Each Occurrence $5,000,000 Annual Aggregate Law Enforcement Liability Limit Self -Insured Retention TYPE COVERAGE• Self -Insured Retention General Liability Automobile Liability $150,000 Self -Insured Retention $150,000 Self -Insured Retention Errors & Omissions Liability $150,000 Self -Insured Retention Errors & Omissions $150,000 Self -Insured Retention Employment Practices Liability $150,000 Self -Insured Retention Sexual Harassment Liability $150,000 Self -Insured Retention Sexual Abuse Liability $150,000 Self -Insured Retention Employment Benefits Liability $150,000 Self -Insured Retention Law Enforcement Liability $150,000 Additional Coverage: Errors & Omissions Employment Practices Liability Sublimit $5,000,000 Each Occurrence / Annual i Aggregate Ri ihrmit �r; nnn nnn I Each Occurrence / Annual City of Temecula *,* Gallagher *O CORE 360" Additional Coverage: Sexual Harassment Liability Sexual Abuse Liability Law Enforcement Liability Reimbursement of Defense Costs Incurred Prior to Denial or Declination Law Enforcement Liability Reimbursement of Defense Costs Incurred Prior to Denial or Declination Law Enforcement Liability Reimbursement of Defense Costs Incurred Prior to Denial or Declination Endorsements include, but are not limited to: Sublimit $5,000,000 Each Occurrence / Annual Aggregate Each Occurrence / Annual Sublimit $5,000,000 Aggregate Sublimit $25,000 Ground Up any one Insured Ground Up any one Sublimit $50,000 Occurrence Sublimit $100,000 Ground Up in the Annual Aggregate DESCRIPTION Common Declaration Page Signatures Protected Self -Insurance Package Policy Coverage Form Statutory Requirement Endorsement Service of Process Endorsement Endorsement - Additional Insureds - Per Expiring Policy Endorsement - Employer's Liability - $2,000,000 xs $1,000,000 underlying limit Endorsement - Section IV - Errors & Omissions - Occurrence Endorsement - Section VI - Employee Benefits Liability - Occurrence Endorsement - Section IV - Amendment - Errors & Omissions Occurrence Limits Endorsement - Section VI - Amendment - Employee Benefits Liability - Occurrence Limits Endorsement - General Liability - Additional Insured - Per Expiring Policy Endorsement - General Liability - Blanket Additional Insured and Primary and Non -Contributory Other Insl Cap on Losses from Certified Acts of Terrorism (if TRIA is accepted) Exclusions include, but are not limited to: rance Condition 13 City of Temecula Premium Taxes CA Surplus Lines Tax Total Taxes Fees CA Stamping Fee Total Fees ESTIMATED PROGRAM COST TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) Optional Coverages: Subject to Audit: Not Auditable *,* Gallagher *o• CORE 360 $189,064.00 $5,671.92 $5,671.92 $472.66 $472.66 $195,208.58 $1,132.65 City of Temecula *,* Gallagher *O CORE 360" Coverage: Second Excess Liability - $5M xs $5M Carrier: Hallmark Specialty Insurance Company Policy Period: 7/1/2021 to 7/1/2022 Coverage: Underlying Policies: COVERAGE• EXPIRATIONEFFECTIVE DATE DATE 1stXS Liability- $5M xs SIR General Liability $5,000,000 AIX Specialty Insurance Company 7/1/2021 7/1/2022 1stXSLiability - $5M xs SIR Automobile Liability $5,000,000 AIX Specialty Insurance Company 7/1/2021 7/1/2022 1st XS Liability - Errors & Omissions $5,000,000 AIX Specialty 7/1/2021 7/1/2022 $5M xs SIR Liability Insurance Company 1stXS Liability- Employment Practices $5,000'000 AIX Specialty 7/1/2021 7/1/2022 $5M xs SIR Liability Insurance Company 1stXSLiability - Sexual Harassment $5,000,000 AIX Specialty 7/1/2021 7/1/2022 $5M xs SIR Liability Insurance Company 1stXSLiability - Employee Benefits $5,000,000 AIX Specialty 7/1/2021 7/1/2022 $5M xs SIR Liability Insurance Company 1stXSLiability - Law Enforcement $5,000,000 AIX Specialty 7/1/2021 7/1/2022 $5M xs SIR Liability Insurance Company Endorsements include, but are not limited to: DESCRIPTION'l PE 00 01 01 16 (01-16) - Excess Public Entity Liability Declarations PE 00 04 01 16 (01-16) - Schedule of Forms and Endorsements PE 00 03 01 16 (01-16) - Schedule of Underlying Insurance CLAIM REPORTING 06 20 - Claim Reporting PE 00 02 04 17 (04-17) - Excess Public Entity Liability HX SS 05 07 09 (07-09) - Service of Suit SLACA2020 (01-20) - Surplus Lines Notification IL P 001 01 04 (01-04) - U.S. Treasury Dept. ("OFAC") HS 00 01 01 16 (01-16) - Signature Page HX 00 01 07 12 (07-12) Privacy Policy Disclosure Notice HB 21 30 01 15 (01-15) - Cap on Losses from Certified Acts of Terrorism (if Terrorism elected) 15 City of Temecula *,* Gallagher *O CORE 360" Exclusions include, but are not limited to: PE 00 05 05 16 (05-16) - Exclusion - Access or Disclosure of Confidential or Personal Information and Data -Related Liability IX 21 08 07 09 (07-09) - Asbestos Exclusion rt uu its us zu - twusion - L;ommunicaDie uisease PE 00 12 08 19 - Exclusion - Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) IX 21 05 07 09 (07-09) - Fungi or Bacterial Exclusion IX 21 13 07 09 (07-09) - Lead Exclusion HB 21 33 01 15 (01-15) - Exclusion of Certified Acts of Terrorism (if Terrorism elected) HB 21 36 01 15 (01-15) - Exclusion of Punitive Damages Related to a Certified Act of Terrorism (if Terrorism elected) Binding Requirements: DESCRIPTION Completed and signed Public Entity Application Completed and signed TRIA Acceptance or Rejection form Premium $125,000.00 Taxes CA Surplus Lines Tax $3,750.00 Total Taxes $3,750.00 Fees CA Stamping Fee $312.50 Total Fees $312.50 ESTIMATED PROGRAM COST $129,062.50 Less Commission ($12,500.00) NET PREMIUM $116,562.50 Minimum Earned Premium - 25.00 % TRIA/TRIPRA PREMIUM $2,581.25 (+ Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: Not Auditable City of Temecula *,* Gallagher *O CORE 360" Coverage: Excess Workers Compensation Carrier: Safety National Casualty Corporation Policy Period: 7/1/2021 to 7/1/2022 Coverage: Coverage A -Workers' Compensation Employers' Liability Limits Deductibles / Self -Insured Retention Self -Insured Retention Endorsements include, but are not limited to: Workers' Compensation DESCRIPTION California Cancellation Provision - 0105 00 0712 Employer - Binding Acts - 0216 00 1291 Broad Form all States for Employee Travel - 0276 02 0408 California - Voluntary Compensation Endorsement -Premium Delineation - 0291 07 0308 Foreign Voluntary Workers' Compensation and Employers' Liability - Including Endemic Disease - 0428 01 0307 Blanket Waiver of Subrogation - 0456 00 0113 Modified Claims Reporting Duties - 0489 02 0119 California Short Rate Cancellation Provision - Specific Excess - 1810 01 0712 Terrorism Risk Insurance Program Reauthorization Act Endorsement - 6000 00 0121 California Mandatory Endorsement(s), if Applicable $500,000 Premium $161,910.00 ESTIMATED PROGRAM COST $161,910.00 TRIA/TRIPRA PREMIUM INCLUDED (+ Additional Surcharges, Taxes and Fees as applicable) Optional Coverages: DESCRIPTION NEW AMOUNT DEDUCTIBLE / SELF -INSURED RETENTION OTHER PREMIUM TAX $650K Deductible No $1,000,000 . 1 111 1 11. 11 Subject to Audit: At Expiration 17 City of Temecula *,* Gallagher *O CORE 360" Auditable Exposures: CA Total Payroll 1 $18,309,453 - Payroll 1 0.8843 City of Temecula *,* Gallagher *O CORE 360" Coverage: Excess Workers Compensation Carrier: Arch Insurance Company Policy Period: 7/1/2021 to 7/1/2022 Coverage: Part One - Excess Workers Compensation Insurance - Limit of Liability - Each Accident - Limit of Liability - Disease, Each Employee Part Two - Excess Employers Liability Insurance - Limit of Liability - Each Accident Limit Statutory Limit Statutory Limit $1,000,000 - Limit of Liability - Disease, Each Employee Limit $1,000,000 - Limit of Liability - Aggregate Limit $1,000,000 Deductibles / Self -Insured Retention Retention Each Accident $500,000 Retention Disease, Each Employee $500,000 Endorsements include, but are not limited to: Losses Redefined to Include Allocated Loss Adjustment Expenses Endorsement California Volunteer Coverage - Excess Voluntary Compensation and Employers Liability Coverage Endorsement California Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement California Amendatory Endorsement Premium ESTIMATED PROGRAM COST Minimum And Deposit Premium - TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: At Expiration Auditable Exposures: CA $18,309,453 Payroll 10.5907 $108,154.00 $108,154.00 100.00 % INCLUDED 19 City of Temecula *,* Gallagher *O CORE 360" Coverage: Property Carrier: American Home Assurance Company Policy Period: 7/1/2021 to 7/1/2022 Coverage: Deductibles / Self -Insured Retention Additional Coverage: Named Storm Accounts Receivable Arson or Theft Reward Brands and Labels Cyber Coverages (Electronic Data - Standard Perils) Debris Removal Deferred Payments Demolition and Increased Cost of Construction: Demolition Coverage A Demolition Coverage B Demolition Coverage C Errors or Omissions Expediting Expenses Fine Arts Fire Brigade Charges Fungus, Mold or Spore Installation Coverage Land and Water Clean -Up Machinery or Equipment Startup Option Sublimit $125,000,000 Sublimit $10,000,000 Sublimit $100,000 Sublimit $1,000,000 Sublimit $2,500,000 Sublimit $10,000,000 Sublimit $250,000 Sublimit $125,000,000 $25,000,000 $25,000,000 $10,000,000 $1,000,000 $500,000 / Subject to a maximum sublimit of $1,000,000 per occurrence. $250,000 $1,000,000 $100,000 $100,000 $100,000 Sublimit Sublimit Sublimit Sublimit Sublimit Sublimit Sublimit Sublimit Sublimit Sublimit 20 City of Temecula *,* Gallagher *O CORE 360" Additional Coverage: DESCRIPTIONLIMIT • Miscellaneous Property Sublimit $2,500,000 Sublimit Money $50,000 Newly Acquired Property Sublimit $20,000,000 Outdoor Property Sublimit $1,000,000 Pairs or Sets Sublimit $10,000,000 Preservation of Property Sublimit $1,000,000 Professional Fees Sublimit $250,000 Spoilage Sublimit $250,000 Sublimit $1,000,000 / Not covered for Time Element loss. Transit Upgrade to Green Sublimit $500,000 Sublimit $5,000,000 Valuable Papers and Records Time Element Coverages Attraction Property Sublimit 30 days / Subject to a maximum per occurrence sublimit of $250,000 and a distance limitation of 1 Mile. Sublimit Contingent Time Element $500,000 Contractual Penalties Sublimit $100,000 Crisis Management Sublimit 30 days / Subject to a maximum per occurrence sublimit of $100,000 180 days Extended Period of Indemnity Sublimit $1,000,000 Extra Expense Sublimit Ingress & Egress Sublimit 30 days / Subject to a maximum per occurrence sublimit of $1,000,000 and a distance limitation of 1 Mile. Sublimit 30 days / Subject to a maximum per occurrence sublimit of Interruption by Civil or Military Authority $1,000,000 and a distance limitation of 1 Mile. Sublimit Rental Value $10,000,000 Royalties Sublimit $100,000 Service Interruption Sublimit $1,000,000 Extended Period of Indemnity Sublimit 0 days Qualifying Period Sublimit 24 hours Soft Costs Sublimit $500,000 Ordinary Payroll Sublimit 60 days Maximum Operations Period of Sublimit 12 months Indemnity (Gross Profits) Maximum Construction Period of Sublimit 12 months Indemnity (Gross Profits) City of Temecula *,* Gallagher *O CORE 360" Valuations: Replacement Cost Endorsements include, but are not limited to: 113812 (01/17) - Commercial Property Policy Binding Requirements: Signed and dated TRIA Form. Premium ESTIMATED PROGRAM COST TRINTRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) $184,501.00 $184,501.00 $3,068.00 City of Temecula *,* Gallagher *O CORE 360" Coverage: Property Carrier: Hanover Insurance Company Policy Period: 7/1/2021 to 7/1/2022 Coverage: Catastrophe Limit Limit $183,345,693 Real Property Limit $155,090,698 Business Personal Property Limit $25,824,095 Business Income including Extra Expense Limit $2,430,900 Equipment Breakdown Limit $100,000,000 Deductibles / Self -Insured Retention Deductible Property - All Risk Earthquake Sprinkler Leakage Business Income Waiting Period $25,000 Deductible Deductible $25,000 24 Hours Deductible Equipment Breakdown - Property Coverages $25,000 Deductible Equipment Breakdown - Income Coverages 24 Hours Additional Coverage: DESCRIPTIONLIMIT Earthquake Sprinkler Catastrophe Limit • TYPE Limit $15,000,000 Consequential Loss Limit $25,824,095 Debris Removal (included in form) Limit Up to 25% of the Loss Debris Removal Additional Expense Limit $50,000 Emergency Removal Coverage Limit 365 Days Emergency Removal Expenses Limit $5,000 Fraud & Deceit Limit $5,000 Damage from Theft Limit Policy Limit Off Premises Utility Service Interruption Brands & Label Expense Expediting Expenses Fire Department Service Charge Inventory and Appraisal Expense Ordinance or Law (Undamaged Parts of a Building) Limit $100,000 Limit $50,000 Limit $1,000,000 Limit $250,000 Limit Limit $50,000 $155,090,698 23 City of Temecula *,* Gallagher *O CORE 360" Additional Coverage: DESCRIPTIONLIMIT Ak -a Ordinance or Law (Increased Cost of Repair / Cost to Demolish and Site Clear) Personal Effects Pollution Cleanup and Removal Recharge of Fire Protection Devices Rewards Coverage Sewer Backup and Water Below the Surface Trees, Shrubs, Plants Underground Pipes, Pilings, Bridges and Roadways Accounts Receivable TYPE Limit $1,000,000 $15,000 Limit Limit $100,000 Limit $50,000 Limit $100,000 Limit $25,000 Limit $50,000 Limit $250,000 Limit $1,000,000 Electrical or Magnetic Disturbance of Computers Power Supply Disturbance of Computers Limit $25,824,095 $25,824,095 Limit Virus and Hacking Coverage - Limit per Occurrence Limit $25,000 Virus and Hacking Coverage - Limit per 12 Months Limit $50,000 Fine Arts Limit $1,000,000 Off Premises Computers Limit $25,000 Property on Exhibit Limit $500,000 Property in Transit Limit $1,000,000 Sales Representatives Samples Limit $50,000 Software Storage Limit $50,000 Valuable Papers Limit $7,100,000 Furs (theft) Jewelry (theft) Stamps, Tickets, Letters of Credit Limit $10,000 Limit $10,000 Limit $5,000 Automatic Increase Limit 0% Newly Built or Acquired Locations Limit $20,000,000 Personal Property - Acquired Locations Limit $250,000 Locations "You Elect Not to Describe" Limit $250,000 Income Coverage Interruption by Civil Authority Limit 30 Days Period of Loss Extension Limit 90 Days Virus and Hacking Coverage - Limit per Occurrence Limit $25,000 Virus and Hacking Coverage - Limit per 12 Months Limit $75,000 Virus and Hacking Coverage - Waiting Period Limit 12 Hours Dependent Locations Limit $100,000 Off Premises Utility Service Interruption Limit $100,000 24 City of Temecula *,* Gallagher *O CORE 360" Additional Coverage: DESCRIPTIONTYPE Off Premises Utility Service Interruption - Waiting Period Contract Penalty - Limit per Occurrence LIMIT Limit 12 Hours Limit $25,000 Limit $100,000 Contract Penalty - Limit per 12 Months Pollution Cleanup and Removal Limit $25,000 Property in Transit, On Exhibition, or Custody of Sales Representative Limit $10,000 Newly Built or Acquired Locations Limit $250,000 Waiting Period Equipment Breakdown Coverage Limit 24 Hours Period of Loss Extension Limit 30 days Data Restoration Expediting Expenses Limit $250,000 $250,000 Limit Hazardous Substances Limit $250,000 Off Premises Equipment Breakdown Limit $250,000 Ordinance or Law (Undamaged Parts of Buildings) Limit Included Ordinance or Law (Increased Cost to Repair / Cost to Demolish and Clear Site) Service Interruption Limit $250,000 Limit $2,430,900 Valuations: Replacement Cost Endorsements include, but are not limited to: DESCRIPTION CO 1000 - Commercial Output Program - Property Coverage Part CO 1001 - Commercial Output Program - Income Coverage Part Exclusions include, but are not limited to: Earth Movement Flood Nuclear Hazard War and Military Action Animal Nesting, Infestation, or Discharge Computer Virus or Computer Hacking Contamination or Deterioration Criminal, Fraudulent, Dishonest or Illegal Acts 25 City of Temecula *,* Gallagher *O CORE 360" Exclusions include, but are not limited to: DESCRIPTION Defects, Errors and Omissions Steam Boiler Explosion Loss of Use Mechanical Breakdown Neglect Seepage Settling, Cracking, Shrinking, Bulging or Expanding Smoke, Vapor, or Gas Smog Change in Temperature or Humidity Wear and Tear Weather Voluntary Parting Premium $123,659.00 ESTIMATED PROGRAM COST $123,659.00 Less Commission ($18,548.85) NET PREMIUM $105,110.15 Minimum Earned Premium - $2,500.00 City of Temecula *,* Gallagher *O CORE 360" Coverage: Primary Difference in Conditions - $10M Limit Carrier: Steadfast Insurance Company General Security Indemnity Co of Arizona Policy Period: 7/1/2021 to 7/1/2022 Participation Schedule: Steadfast Insurance Company General Security Indemnity Co of Arizona Coverage: DESCRIPTION• Earth Movement Limit $10,000,000 Per Occurrence Earth Movement Limit $10,000,000 Annual Aggregate Flood Flood Building Ordinance Coverage A ICC/Demo Limit $10,000,000 Per Occurrence Limit $10,000,000 Annual Aggregate Limit Included Sublimit $10,000,000 Deductibles / Self -Insured Retention Deductible I Earthquake - Per Unit 5% per unit including BI, $50,000 Minimum per Occurrence Deductible Earthquake - 29119 Margarita Road - Per Unit 25% per unit including BI, $50,000 Minimum per Occurrence Deductible Flood - Per Occurrence $100,000 Deductible Flood - Zones A, V, X500 (X Shaded) and B - 2% per location including BI/EE, $500,000 Per Occurrence Minimum Deductible All Other Perils - Per Occurrence $25,000 Additional Coverage: Accounts Receivable Course of Construction Newly Acquired Properties (120 day reporting) Sublimit $1,000,000 Sublimit $5,000,000 Sublimit $5,000,000 Errors & Omissions Sublimit $1,000,000 Fine Arts, subject to $100,000 maximum per item Sublimit $1,000,000 Fine Arts of others (unscheduled) in the care, custody and control of the insured, maxis $10,000 per item 27 City of Temecula *,* Gallagher *O CORE 360" Additional Coverage: DESCRIPTIONAmd Mill AL Miscellaneous Unnamed Locations (defined as a location that had not been included in the Statement of Values on file with the Company and has not been reported to the Company as may be required in the policy provisions elsewhere) Service Interruption - PD & BI (excluding overhead T & D lines) Leasehold Interest LIMIT TYPE] ME Sublimit $500,000 Sublimit $1,000,000 Sublimit $500,000 Miscellaneous Personal Property of the Insured (not reported and not at covered premises) Sublimit $500,000 Personal Property of Others Sublimit $500,000 Rented Mobile/Contractors Equipment Sublimit $500,000 Land Improvements including trees, shrubs and plants Sublimit $500,000 Loss Adjustment Expenses (excluding fees associated with public adjuster) Sublimit $100,000 Civil Authority Sublimit 8 consecutive weeks Ingress/Egress Sublimit 8 consecutive weeks Extended Period of Indemnity Sublimit 365 days Valuations: Property Damage Time Element including Extra Expense Endorsements include, but are not limited to: Exclusions include, but are not limited to: Replacement Cost Actual Loss Sustained DESCRIPTION Pollution (Company Form) Asbestos / Contamination (Company Form) Mold (Company Form) Earthquake Sprinkler Leakage Theft Flood - locations in 100 year flood plain, X500, X(Shaded) and B flood zones Boiler and Machinery Communicable Disease, Virus or Bacteria Cyber Exclusion Endorsement 28 City of Temecula *,* Gallagher *o• CORE 360 Exclusions include, but are not limited to: All Risk Perils (including Windstorm) Ensuing Loss War Exclusion Nuclear/Radioactive/Biological and Chemical Exclusion Other Significant Terms and Conditions/Restrictions: Earthquake deductible includes Business Income, Extra Expense and Rental Value This insurance does not apply to "bodily injury", "property damage", "time element" or "personal and advertising injury" arising out of the actual or alleged transmission of a communicable disease caused by either virus or bacteria whether engineered or naturally occurring. Earth Movement Definition: Any Earth Movement including earthquake, landslide, mine subsidence, earth sinking, rising, shifting, or sinkhole collapse. The exclusion for Flood Zones A, V & X500, X(Shaded), and B does not apply to the following locations: 1. 43200 Business Park Drive, Temecula, CA 2. 43230 Business Park Drive, Temecula CA 3. 42081 Main Street, Temecula, CA 4. 42049-51 Main Street, Temecula, CA 5. 28300 Mercedes, Temecula, CA 6. 2 Arches at Old Town Temecula, Temecula, CA Property Covered: Real Property Business Income Extra Expense Leasehold Interests Fine Arts Playground Equipment Arches & Veterans Memorial Business Personal Property EDP Tenant Improvements/Betterments Accounts Receivable Valuable Papers City of Temecula ** Gallagher •e• CORE 360'" Premium $151,200.00 Taxes CA Surplus Lines Tax $4,554.00 Total Taxes $4,554.00 Fees Catastrophe Analysis Fee $600.00 CA Stamping Fee $379.50 Total Fees $979.50 ESTIMATED PROGRAM COST Minimum Earned Premium - TRINTRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) $156,733.50 25.00 % $78,057.00 City of Temecula *,* Gallagher *O CORE 360" Coverage: Excess Difference in Conditions - $25M xs $10M Carrier: QBE Specialty Insurance Company Lloyd's Syndicate 33 General Security Indemnity Co of Arizona Mercer Insurance Company Policy Period: 7/1/2021 to 7/1/2022 Participation Schedule: QBE Specialty Insurance Company Lloyd's Syndicate 33 General Security Indemnity Co of Arizona Mercer Insurance Company Coverage: Limit of Liability I Limit Deductibles / Self -Insured Retention Deductible I Earthquake - Per Occurrence Deductible Earthquake - 29119 Margarita Road - Per Occurrence Deductible Flood - Per Occurrence $100,000 Deductible Flood - Zones A, V, X500 (X Shaded), and B - Per Occurrence Deductible All Other Perils $25,000 Additional Coverage: 40% 20% 20% 20% $25,000,000 5% per unit including BI, $50,000 minimum 25% per unit including BI, $50,000 minimum 2% per location including BI/EE, $500,000 minimum Course of Construction Sublimit $5,000,000 Newly Acquired Properties (120 day reporting) Sublimit $5,000,000 Accounts Receivable Sublimit $1,000,000 Fine Arts, subject to $100,000 maximum per item Sublimit $1,000,000 Fine Arts of Others (unscheduled) in the care, custody and control of the insured, Sublimit $250,000 maximum $10,000 per item Miscellaneous Unnamed Locations Sublimit $500,000 Service Interruption - PD & BI (excluding overhead T & D lines) Sublimit $1,000,000 Leasehold Interest Sublimit $500,000 31 City of Temecula *,* Gallagher *O CORE 360" Additional Coverage: Miscellaneous Personal Property of the Insured (not reported and not at covered Sublimit $500,000 premises) Sublimit $500,000 Personal Property of Others Rented Mobile/Contractors Equipment Sublimit $500,000 Land Improvements including trees, shrubs and plants Sublimit $500,000 Loss Adjustment Expenses (excluding fees associated with public adjuster) Sublimit $100,000 Civil Authority Sublimit 8 consecutive weeks Sublimit 8 consecutive Ingress/Egress weeks Extended Period of Indemnity I Sublimit 365 days Valuations: •LIMITATIONS Property Damage Replacement Cost Time Element including Extra Expense Actual Loss Sustained Endorsements include, but are not limited to: Company Excess Follow Form Warrant All Risk Underlyer Debris Removal clause (Company Form) Excess Limit of Liability and Participation Clause (Company Form) Drop Down clause applicable only to covered locations, perils and interests Exclusions include, but are not limited to: DESCRIPTION Errors and Omissions Pollution (Company Form) Asbestos / Contamination (Company Form) Mold (Company Form) Earthquake Sprinkler Leakage Theft Flood - locations located in 100 year flood plain, X500, X(Shaded) and B flood zones Boiler and Machinery Communicable Disease, Virus and Bacteria Cyber Exclusion Endorsement 32 City of Temecula *,* Gallagher *O CORE 360" Exclusions include, but are not limited to: Underlying Sublimited Coverages Exclusion All Risk Perils (including Windstorm) Ensuing Loss War Exclusion Nuclear/Radioactive/Biological and Chemical Exclusion Lloyd's Radioactive Contamination Exclusion Clause Lloyd's Electronic Data Recognition Exclusion Lloyd's War and Civil War Exclusion Clause Lloyd's Biological or Chemical Materials Exclusion Other Significant Terms and Conditions/Restrictions: This insurance does not apply to "bodily injury", "property damage", "time element" or "personal and advertising injury" arising out of the actual or alleged transmission of a communicable disease caused by either virus or bacteria whether engineered or naturally occurring. The exclusion for Flood Zones A, V & X500, X(Shaded), and B does not apply to the following locations: 1. 43200 Business Park Drive, Temecula, CA 2. 43230 Business Park Drive, Temecula, CA 3. 42081 Main Street, Temecula CA 4. 42049-51 Main Street, Temecula, CA 5. 28300 Mercedes, Temecula, CA 6. 2 Arches at Old Town Temecula, Temecula, CA Property Covered: Real Property Business Income Extra Expense Leasehold Interests Fine Arts Playground Equipment Arches & Veterans Memorial Business Personal Property EDP Tenant Improvements/Betterments Accounts Receivable Valuable Papers City of Temecula ** Gallagher •e• CORE 360'" Premium $70,000.00 Taxes CA Surplus Lines Tax $2,136.00 Total Taxes $2,136.00 Fees Catastrophe Analysis Fee $1,200.00 CA Stamping Fee $178.00 Total Fees $1,378.00 ESTIMATED PROGRAM COST Minimum Earned Premium - TRINTRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) $73,514.00 25.00 % $36,137.50 City of Temecula *,* Gallagher *O CORE 360" Coverage: Standalone Terrorism Carrier: Lloyds' Syndicate 2623/623 (Beazley Furlonge Ltd) Policy Period: 7/1/2021 to 7/1/2022 Coverage: Limit of Liability Limit $5,000,000 I Each Occurrence / Claim / Aggregate Limit Deductibles / Self -Insured Retention TYPE COVERAGE Deductible Occurrence/Claim Deductible Endorsements include, but are not limited to: DESCRIPTION SCHEDULE2021 - Lloyd's Security Schedule 2021 LMA9099A - CA Surplus Lines Disclosure Statement (Pre Bind) LMA9098A - CA Surplus Lines Notice (Post Bind) NMA 2868(b) - NMA Lloyd's Certificate (without short rate table) LMA 3333 - (Re)insurers Liability E10177 062017 ed. - Cap on Losses Arising Out of Certified Act of Terrorism LMA 5187 - Demolition and Increased Cost of Construction Extension E06680 082020 ed. - Policyholder Disclosure Notice of Terrorism Insurance Coverage E06680 012015 ed. - Policyholder Disclosure Notice of Terrorism Insurance Coverage LSW 3001 - Premium Payment Clause NMA1 998CA - Service of Suit Clause (U.S.A.) - California Exclusions include, but are not limited to: E02804 032011 ed. - Sanction Limitation and Exclusion Clause Premium Taxes CA Surplus Lines Tax Total Taxes Fees CA Stamping Fee Total Fees ESTIMATED PROGRAM COST Subject to Audit: Not Auditable $8,610.00 $258.30 $258.30 $21.52 $21.52 City of Temecula *,* Gallagher *O CORE 360" Coverage: Auto Physical Damage/Contractors Equipment Carrier: Hanover Insurance Company Policy Period: 7/1/2021 to 7/1/2022 Coverage: Damage strophe Limit 7Contractors Limit •hysical $3,420,415 quipment Scheduled Equipment Unscheduled Contractor's Equipment Limit of Insurance Limit $430,194 Limit $10,000 Unscheduled Maximum Limit Per any One Item Limit $5,000 Newly Acquired Contractor's Equipment - Any One Item Limit $1,000,000 Deductibles / Self -Insured Retention Additional Coverage: DESCRIPTIONLIMIT Automobile Physical Damage TYPE • Additional Debris Removal Expenses Limit $25,000 Newly Acquired and Substitute Vehicles Limit $1,000,000 / Number of Days - 5 Days $10,000 $25,000 $500 / $10,000 Maximum Pollutant Cleanup and Removal Limit Towing and Labor Costs Limit Rental Reimbursement Contractors Equipment Limit Per Day Business Personal Property Limit $25,000 Continuing Rental or Lease Expense Limit $25,000 Contract Penalty Limit $25,000 Debris Removal - Additional Limits Limit $75,000 Employee Tools and Work Clothing - Any One Occurrence Limit $10,000 Employee Tools and Work Clothing - Any One Item Limit $1,000 0 City of Temecula *,* Gallagher *O CORE 360" Additional Coverage: DESCRIPTIONAmd LIMIT dd TYPE Engine Emissions Green Coverage - Any One Occurrence Limit Engine Emissions Green Coverage - Any One Policy Limit Period Equipment Borrowed from Others Limit Equipment Leased and Rented from Others Limit • $5,000 $10,000 $50,000 $50,000 Equipment Leased or Rented to Others Limit $50,000 Equipment Loaned to Others Limit $50,000 Expediting Expense Limit $25,000 Extended Warranties Limit $5,000 False Pretense Limit $100,000 Fire and Police Department Service Charges Limit $25,000 Fire Suppression Equipment Limit $50,000 Hauling Property of Others as a Carrier for Hire Installation or Rigging Property Loss Adjustment Expenses Limit Limit $200,000 $25,000 Limit $5,000 Pollutant Clean Up and Removal Limit $25,000 Preservation of Property Rental Reimbursement Limit $5,000 Limit $50,000 Reward Payment Limit $10,000 Spare Parts and Fuel Limit $10,000 Theft Prevention Devices Deductible Waiver Limit $25,000 Waterborne Property Limit $250,000 Endorsements include, but are not limited to: Exclusions include, but are not limited to: Perils Excluded: Civil Authority Nuclear Hazard War and Military Action Contamination or Deterioration Criminal, Fraudulent, Dishonest or Illegal Acts Loss of Use Mechanical Breakdown Missing Property City of Temecula *,* Gallagher *O CORE 360" Exclusions include, but are not limited to: Pollutants Temperature/Humidity Voluntary Parting Wear and Tear Weight of Load Property Not Covered: Aircraft or Watercraft Cargo Communication Equipment Contraband Leased or Rented Property Personal Effects Mobile Equipment Tools Loaned Property Suspended, Revoked, or Invalid License Waterborne Property Binding Requirements: Confirmation of TRIA acceptance or rejection. Premium ESTIMATED PROGRAM COST Minimum Earned Premium - TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: Not Auditable $10,104.00 $10,104.00 $2,500.00 $379.00 City of Temecula *,* Gallagher *O CORE 360" Coverage: Cyber Liability Carrier: Indian Harbor Insurance Company Policy Period: 7/1/2021 to 7/1/2022 Form Number: TRD 050 0619 Form Type: FORM RETROACTIVE COVERAGE TYPE DATE PRIOR DATE Third Party Liability: Media, Privacy and Cyber Security, Privacy Claims Full Prior Acts Regulatory Defense, Awards and Fines Made Coverage: DESCRIPTION• Combined Policy Aggregate Limit Limit $1,000,000 Third Party Liability: Media - Limit $1,000,000 Privacy and Cyber Security Limit $1,000,000 Privacy Regulatory Defense, Awards and Fines Limit $1,000,000 First Party: - Business Interruption and Extra Expense Limit $1,000,000 Data Recovery Cyber-Extortion and Ransomware Data Breach Response and Crisis Management Coverage Limit Limit Limit $1,000,000 $500,000 $1,000,000 - $1,000,000 Optional Business Interruption and Extra Expense Enhancements: System Failure Limit Dependent Business Interruption Limit $1,000,000 Dependent Business Interruption System Failure Limit $1,000,000 Deductibles / Self -Insured Retention COVERAGETYPE • Third Party Liability: - Retention Media $250,000 Retention Privacy and Cyber Security $250,000 Retention Privacy Regulatory Defense, Awards and Fines $250,000 First Party: - Retention Business Interruption and Extra Expense - Loss of Business Income Waiting Period 12 Hours Retention Business Interruption and Extra Expense - Extra Expense $250,000 Retention Data Recovery $250,000 99 City of Temecula ** Gallagher *o• CORE 360'" Deductibles / Self -Insured Retention Retention Cyber-Extortion and Ransomware Retention Data Breach Response and Crisis Management Coverage Optional Business Interruption and Extra Expense Enhancements: Retention System Failure - Loss of Business Income Retention System Failure - Extra Expense Retention Retention Retention Retention Dependent Business Interruption - Loss of Business Income Dependent Business Interruption - Extra Expense $250,000 $250,000 Waiting Period 12 Hours $250,000 Waiting Period 12 Hours $250,000 Dependent Business Interruption System Failure - Loss of Business Income Waiting Period 12 Hours Dependent Business Interruption System Failure - Extra Expense $250,000 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 60 days of the expiration date. The cost of this extended reporting period is 100% of the annual premium and is fully earned. The extended reporting period extends only to those claims 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 365 days of the end of the policy period. The extended reporting period does not increase the limits of liability and is subject to all policy terms, conditions and exclusions. Definition of Claim: Claim means: 1. A written demand for monetary damages, services, or injunctive or other non -monetary relief; 2. A civil proceeding for monetary damages, services, or injunctive or other non -monetary relief that is commenced by service of a complaint or similar pleading, including any appeal thereof; 3. A mandatory arbitration or other mandatory alternative dispute resolution proceeding for monetary damages, services, or injunctive or other mon-monetary relief commenced by a written demand, including any appeal thereof, or a non -mandatory arbitration or other non -mandatory alternative dispute resolution proceeding to which the Insurer has consented in writing; 4. Solely with respect to insuring agreement I.A.5. Privacy Regulatory Defense, Awards and Fines, a privacy regulatory action; or 5. A request to toll or waive any applicable statute of limitations. Incident or Claim Reporting Provision: Solely with respect to Insuring Agreement I.A. Third Party Liability Coverages, if during the policy period or Extended Reporting Period (if applicable) as defined in Section Vill. Extended Reporting Period, an insured first becomes aware of any circumstance that may reasonably be expected to be the basis of a Incident claim being made against an Insured, and if during the policy period, the Insured elects to provide the Insurer written notice of such circumstance along with any third party wrongful act, and the reasons for anticipating such claim, with full particulars as to the dates, persons and entities involved, then any resultina claim which is subseauently made aaainst an Insured and reported to the Insurer that arises. 40 City of Temecula *,* Gallagher *O CORE 360" Incident or Claim Reporting Provision: out of such circumstance or related matter will be considered made at the time of such notice of circumstance that was provided. Notice of such circumstance should be reported to the Insurer as stated in Item 6. on the Declarations Page. As a condition precedent to the obligations of the Insurer under this Policy, the Insured must provide written notice to the Insurer as soon as reasonably practicable, but in no event, later than the end of the policy period or any applicable Extended Reporting Period of a: Claim 1. Claim first made against an Insured after an executive officer becomes aware of such claim; and 2. first party incident after an executive officer first discovers and/or becomes aware of such first party incident. Additional Coverage: PCI DSS Coverage Amendatory Bricking Coverage Voluntary Shutdown Limit $1,000,000 Limit Limit $500,000 $500,000 Utility Fraud: Aggregate Limit Limit $100,000 Crypto-Jacking Limit $100,000 Telecommunications Fraud Limit $100,000 Ransomware and Resulting Loss Sublimit Sublimit $500,000 Endorsements include, but are not limited to: DESCRIPTION TRD 050 0619 - CyberRisk Connect PN CA 05 0120 - California Surplus Lines Policyholder Notice PN CA 02 0119 - Important Information to Policyholders - California PN CW 02 0119 - Privacy Policy PN CW 01 0719 - Fraud Notice IL MP 9104 0314 IHIC - In Witness - Indian Harbor Insurance Company PN CW 05 0519 - U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") CyberRiskConnect Breach Hotline 0119 - AXA XL Cyber Breach Hotline TVI 900 0817 - Terrorism Insurance Coverage and Premium Disclosure XL-CASOP 0118 - Service of Process TRD 439 0918 - System Failure Coverage Endorsement TRD 437 0917- Dependent business Interruption Coverage Endorsement TRD 438 1218 - Dependent Business Interruption - System Failure Coverage Endorsement TRD 454 1017 - PCI DSS Coverage Amendatory Endorsement 41 City of Temecula *,* Gallagher *O CORE 360" Endorsements include, but are not limited to: DESCRIPTION TRD 581 1219 - Bricking Coverage Endorsement TRD 585 0520 - Privacy Regulatory Endorsement TRD 802 0119 - Voluntary Shutdown Endorsement TRD 816 1219 - Utility Fraud Endorsement: Crypto-Jacking, Telecommunications Fraud MANUS - TBD - Ransomware and Resulting Loss Sublimit Endorsement will encompass all insuring agreements that arise out of a ransomware event. Binding Requirements: DESCRIPTION Provide Insured Contact Name and Email Address Premium $50,000.00 Taxes CA Surplus Lines Tax $1,500.00 Total Taxes $1,500.00 Fees CA Stamping Fee $125.00 Total Fees $125.00 ESTIMATED PROGRAM COST $51,625.00 Less Commission ($7,500.00) NET PREMIUM 44,125.00 Subject to Audit: Not Auditable City of Temecula *,* Gallagher *O CORE 360" Coverage: Cyber Liability Carrier: ACE American Insurance Company Policy Period: 7/1/2021 to 7/1/2022 Form Number: PF-48169 (02/19) Form Type: COVERAGE FORM TYPE RETROACTIVE DATE PENDING & PRIOR DATE Full Prior Acts Coverage: Limit of Insurance 7Party Limit •gle $1,000,000 cy Aggregate Limit of Insurance Limit $1,000,000 Each Incident / Aggregate uring Agreements Cyber Incident Response Team Limit $1,000,000 Non -Panel Response Provider Limit $500,000 Each Incident / Aggregate Business Interruption Loss and Extra Expense Limit $1,000,000 Each Incident / Aggregate Unscheduled Providers Limit $500,000 Each Incident / Aggregate Digital Data Recovery Limit $1,000,000 Each Incident / Aggregate Network Extortion Limit $1,000,000 Each Incident / Aggregate Third Party Liability Insuring Agreements Cyber Privacy, Network and Security Liability Limit $1,000,000 Each Claim / Aggregate Payment Card Loss Regulatory Proceedings Limit Limit Limit $1,000,000 $1,000,000 $1,000,000 Each Claim / Aggregate Each Claim / Aggregate Each Claim / Aggregate Electronic, Social, and Printed Media Liability Deductibles / Self -Insured Retention TYPE��COVERAGE VOW First Party Insuring Agreements AMOUNT Retention Cyber Incident Response Team - Each Incident $50,000 Retention Cyber Incident Response Coach $15,000 Retention Non -Panel Response Provider - Each Incident Cyber Incident Response Coach $50,000 Retention $50,000 Retention Business Interruption Loss and Extra Expense - Each Incident $50,000 Deductible Retention Deductible Waiting Period - Each Incident Unscheduled Providers - Each Incident Waiting Period - Each Incident 18 Hours $50,000 24 Hours City of Temecula ** Gallagher *o• CORE 360'" Deductibles / Self -Insured Retention Retention Digital Data Recovery - Each Incident Retention Network Extortion - Each Incident Third Party Liability Insuring Agreements Retention Cyber Privacy, Network and Security Liability - Each Claim Retention Payment Card Loss - Each Claim Regulatory Proceedings - Each Claim Retention Retention Electronic, Social, and Printed Media Liability - Each Claim $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 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 90 days of the expiration date. The cost of this extended reporting period is 100% of the annual premium and is fully earned. The extended reporting period extends only to those claims 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 365 days of the end of the policy period. The extended reporting period does not increase the limits of liability and is subject to all policy terms, conditions and exclusions. Definition of Claim: Claim means any: 1. written demand against any Insured for monetary damages or non -monetary or injunctive relief; 2. civil proceeding against any Insured seeking monetary damages or non -monetary or injunctive relief, commenced by the service of a complaint or similar pleading; 3. arbitration, mediation, or other alternative dispute resolution proceeding against any Insured seeking monetary damages or non -monetary or injunctive relief, commenced by the receipt of a written demand, or service of a complaint or similar pleading; 4. criminal proceeding against any Insured commenced by: (a) an arrest, or (b) a return of an indictment, information, or similar document; 5. written request directed at any Insured to toll or waive a statute of limitation applicable to a Claim referenced in paragraphs 1-4 immediately above; or 6. Regulatory Proceeding against any Insured, including, where applicable, any appeal therefrom. Incident or Claim Reporting Provision: Incident If, during the Policy Period, any Control Group Member first becomes aware of any Incident, or any fact, circumstance, situation, or Incident which may reasonably give rise to a future Claim under this Policy ("Potential Claim"), and written notice is given to the Insurer during the Policy Period, of the: 1. nature of the Incident or Potential Claim; 2. identity of the Insureds allegedly involved; 44 City of Temecula ** Gallagher *o• CORE 360'" Incident or Claim Reporting Provision: Claim 3. circumstances by which the Insureds first became aware of the Incident or Potential Claim; 4. identity of the actual or potential claimants; 5. foreseeable consequences of the Incident or Potential Claim; and 6. nature of the potential Damages; then any Claim which arises out of such Incident or Potential Claim shall be deemed to have been first made at the time such written notice was received by the Insurer. The Insurer will not pay for Damages or Claims Expenses incurred prior to the time such Incident or Potential Claim results in a Claim. An Insured shall, as a condition precedent to such Insured's rights under this Policy, give to the Insurer written notice of any Incident or Claim as soon as practicable after any Control Group Member discovers such Incident or becomes aware of such Claim, but in no event later than: 1. if this Policy expires (or is otherwise terminated) without being renewed with the Insurer, ninety (90) days after the effective date of such expiration or termination; or 2. the expiration of the Extended Reporting Period, if applicable, provided that if the Insurer sends written notice to the Named Insured, stating that this Policy is being terminated for nonpayment of premium, an Insured shall give to the Insurer written notice of such Claim prior to the effective date of such termination. If the Insured is unable to provide notification required under this Policy due a prohibition by any law enforcement or governmental authority, the Insured will use its best efforts to provide the Insurer with information to make the Insurer aware of a potential or actual Incident or Claim until written notice can actually be provided. Notwithstanding the foregoing, there shall be no coverage for any such Incident or Claim if the information withheld relating to such Incident or Claim was: a. both (i) known to the Insured prior to the Policy Inception Date shown in Item 2 of the Declarations, and (ii) not disclosed in the Application; or b. not disclosed in writing to the Insurer within a reasonable time period after the prohibition on disclosing the information was revoked or no longer necessary. Additional Coverage: Preventative Shutdown - Restoration Days Endorsements include, but are not limited to: 6 Days Chubb Cyber Enterprise Risk Management Policy - PF-48169 (02/19) Chubb Cyber Enterprise Risk Management Policy Quotation - PF-48167 (10/16) Chubb Producer Compensation Practices & Policies - ALL-20887a (03/16) 45 City of Temecula *,* Gallagher *o• CORE 360" Endorsements include, but are not limited to: DESCRIPTION Policyholder Notice Cyber Services for Loss Mitigation - PF-48260 (10/16) Policyholder Notice Cyber Services for Incident Response - PF-48259 (02/19) U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") Advisory Notice to Policyholders - PF-17914a (04/16) Trade Or Economic Sanctions Endorsement - ALL-21101 (11/06) Policyholder Disclosure Notice Of Terrorism Insurance Coverage - TR-19606e (08/20) Cap On Losses From Certified Acts Of Terrorism - PF-45354 (02/19) Disclosure Pursuant To Terrorism Risk Insurance Act - TRIA-11 a (08/20) Signatures - CC-1 k11 i (02/18) Additional Insured — Blanket Pursuant to a Contract — Cyber ERM - PF-48155 (02/19) Preventative Shutdown - PF-49501 (02/19) Amendatory Endorsement — California - PF-48291(02/19) Exclusions include, but are not limited to: Specified Incident Exclusion - Specified Incident: The presence or vulnerability of any Solar Winds Orion Platform software with any version prior to v202O.2.1 HF 2 on an Insured's Computer System or Shared Computer System. - PF-48161 (02/19) Specified Incident Exclusion - Specified Incident: the application or enforcement of any law, rule, regulation, ordinance, code, governmental directive, standard, or legal or administrative restriction of any kind mandating the shutdown of: a. an Insured's Computer System; b. a Shared Computer System; c. any Internet infrastructure or telecommunications infrastructure, which is owned, operated, or controlled by a third party with whom an Insured does not have a direct written contract; or d. any Internet access or telecommunications service of any Domain Name System ("DNS") Top -Level Domain, DNS Root Zone, Tier 1 Internet Service Provider in the provider's capacity as such, or Tier 1 Telecommunications Provider in the provider's capacity as such. - PF-48161 (02/19) Specified Incident Exclusion - Specified Incident: The Presence or vulnerability of: a. any Microsoft Exchange Server within am Insured's Computer System which runs any version of software exposed to vulnerabilities documented within the National Institute of Standards and Technology's Nation Vulnerability Database (nv.nist.gov) under CVE-2021-26855. - PF-48161 (02/19) Loss of Technical Support Exclusion - PF-48209 (02/19) Premium $30,690.00 ESTIMATED PROGRAM COST $30,690.00 TRIA/TRIPRA PREMIUM $0.00 (+ Additional Surcharges, Taxes and Fees as applicable) 46 City of Temecula *,* Gallagher *O CORE 360" Coverage: Pollution Legal Liability Carrier: Ironshore Specialty Insurance Co Policy Period: 7/1/2021 to 7/1/2022 Form Number: Form Type: COVERAGE FORM TYPE RETROACTIVE DATE PENDING & PRIOR DATE DisposalWaste .• 1 Coverage: - Onsite New Conditions 7Remediation Limit •enses $1,000,000 enses - Onsite New Conditions - Aggregate Limit Limit $2,000,000 penses - Offsite New Conditions Remediation Expenses - Offsite New Conditions - Aggregate Limit Emergency Response Expenses Emergency Response Expenses - Aggregate Limit Limit $1,000,000 Limit $2,000,000 Limit $1,000,000 Limit $2,000,000 Third -Party Claims - Onsite New Conditions Limit $1,000,000 Third -Party Claims - Onsite New Conditions - Aggregate Limit Limit $2,000,000 Third -Party Claims - Offsite New Conditions Limit $1,000,000 Third -Party Claims - Offsite New Conditions - Aggregate Limit Limit $2,000,000 Transportation - New Conditions Limit $1,000,000 Transportation - New Conditions - Aggregate Limit Waste Disposal Activities Limit Limit $2,000,000 $1,000,000 Waste Disposal Activities - Aggregate Limit Limit $2,000,000 Policy Aggregate Limit Limit $2,000,000 Deductibles / Self -Insured Retention Deductible COVERAGETYPE Remediation Expenses - Onsite New Conditions • $50,000 Deductible Remediation Expenses - Offsite New Conditions $50,000 Deductible Emergency Response Expenses Third -Party Claims - Onsite New Conditions $50,000 Deductible $50,000 Deductible Third Party Claims - Offsite New Conditions $50,000 Deductible Deductible Deductible Transportation - New Conditions Waste Disposal Activities Business Interruption - New Conditions $50,000 $50,000 5 days 47 City of Temecula ** Gallagher *o• CORE 360'" 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 90 days of the expiration date. The cost of this extended reporting period is 200% 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 48 months 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: Claim means a demand, notice or assertion of a legal right alleging liability or responsibility on the part of the Insured. Incident or Claim Reporting Provision: Incident Claim Claim Without limiting the requirements in any insuring agreements in this Policy, in the event of any Pollution Incident, Claim, Remediation Expenses, Loss, Legal Costs, Business Interruption Expenses or Extra Expenses, the Insured shall provide notice thereof as soon as practicable to the Company's address set forth in the Declarations or (as such address may hereinafter be modified by the Company in writing). In addition, the Insured shall provide notice as soon as practicable to the Company's address set forth in the Declarations of any events or circumstances that may reasonably be expected to give rise to a Pollution Incident, Claim, Remediation Expenses, Loss, Legal Costs, Business Interruption Expenses or Extra Expenses. All such notice shall include detailed information pertaining to: 1. The appropriate person to contact regarding the Pollution Incident, Claim, Remediation Expenses, Loss, Legal Costs, Business Interruption Expenses or Extra Expenses; 2. The location of and a description of the Pollution Incident; 3. A description of the Pollution Incident, Claim, Remediation Expenses, Loss, Legal Costs, Business Interruption Expenses or Extra Expenses, as applicable; 4. Any response actions taken by the Insured relating to the Claim or Pollution Incident; and 5. Any other pertinent information in the Insured's possession or control concerning any actual or potential Pollution Incident, Claim, Remediation Expenses, Loss, Legal Costs, Business Interruption Expenses or Extra Expenses. In the event that Emergency Response Expenses are incurred, the Insured must provide, in writing, all available information relating to such Emergency Response Expenses and the Pollution Incident giving rise thereto to the Company within fourteen (14) days of commencement of the Pollution Incident. Such information shall include all applicable information detailed in Paragraph A. of this Section. Without limiting the requirements in any insuring agreements in this Policy, the Insured shall provide notice as soon as practicable of any Claim, but, in any event, during the Policy Period, or Extended Reporting Period, if applicable. The Insured shall furnish all information requested by the Company, including, but not limited to, the following information as soon as practicable after the receipt by the Insured or the Insured's representative or agent: 1. Copies of all demands, notices, summonses, or legal papers received by the Insured; 2. All correspondence between the Insured and any third party claimants; 48 City of Temecula *,* Gallagher *O CORE 360" Incident or Claim Reporting Provision: 3. All reports, notes or other documents prepared by persons hired by the Insured to investigate the Claim; 4. All expert report, investigations and data collected by experts retained by the Insured whether or not the Insured intends to use the material for any purpose; and 5. All other information which the Company may require concerning the Claim whether or not the Insured deems such to be relevant to the Claim. Additional Coverage: Endorsements include, but are not limited to: DESCRIPTION IE.COV.SPILLS.SEL.001 (1111) - Select Coverage Form IRON.END.ALL.016 (0419) - Insurer Address Change IE.PN.ALL.002 (1019) - Claim and Notice Reporting Service of Suite Clause - California - SC-7 (1119) ISIC CN001 CA (Ed. 01 20) California - Cancellation and Nonrenewal TRIA-NO04-0420 Disclosure - Terrorism Risk Insurance Act TRIA-EO02-0315 - Cap on Losses From Certified Acts of Terrorism IE.END.SPILLS. (0818) - Disinfection Event Expenses Endorsement IE.END.APILLS.ALL.001 (1120) -Additional Insured IE.END.SPILLS.SEL.030 (1111) - Schedule of Covered Properties IE.END.SPILLS.ALL.009 (1111) - Defense Costs - 25% Outside the Limits MANUSCRIPT: Image Restoration Expenses MANUSCRIPT: Definition of Pollutants Amendatory Endorsement - Not to include PFAS MANUSCRIPT: Mold Matter Sublimit Endorsement MANUSCRIPT: Deductible Amendatory Endorsement Exclusions include, but are not limited to: City of Temecula *,* Gallagher *o• CORE 360" Exclusions include, but are not limited to: DESCRIPTION MANUSCRIPT: Asbestos and Lead Based Paint Exclusion Amendatory Endorsement Binding Requirements: Signed and completed Ironshore application Premium $22,211.00 Taxes CA Surplus Lines Tax $666.33 Total Taxes $666.33 Fees CA Stamping Fee $55.53 Total Fees $55.53 ESTIMATED PROGRAM COST $22,932.86 Minimum Earned Premium - 100.00 % TRIA/TRIPRA PREMIUM $687.99 (+ Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: Not Auditable City of Temecula ** Gallagher *o• CORE 360'" Coverage: Pollution Legal Liability Carrier: Illinois Union Insurance Company Policy Period: 7/1/2021 to 7/1/2022 Form Number: Form Type: Pollution Conditions or Indoor Environmental Conditions Claims 7/1/2018 Coverage Made Non -Owned Disposal Site Coverage Claims 7/1/2018 Made Coverage: Per Pollution Condition or Indoor Environmental Condition Limit Aggregate All Pollution Conditions or Indoor Environmental Condition Limit Deductibles / Self -Insured Retention TYPE COVERAGE Self -Insured Retention Per Pollution Condition or Indoor Environmental Condition $1,000,000 $2,000,000 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 90 days of the expiration date. The cost of this extended reporting period is 200% 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 33 months 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: "Claim" means the written assertion of a legal right received by the "insured" from a third -party, or from another "insured" that is party to an "environmental indemnity obligation", including, but not limited to, a "government action", suits or other actions alleging responsibility or liability on the part of the "insured" for bodily injury", "property damage" or "remediation costs" arising out of "pollution conditions" or "indoor environmental conditions" to which this insurance applies. Incident or Claim Reporting Provision: Incident Upon the discovery of a "pollution condition" or "indoor environmental condition", the "insured" shall make every attempt to mitigate any loss and comply with applicable "environmental law". The Insurer shall have the right, but not the duty, to mitigate such "pollution condifinno" nr "i-1- nn-i—n—fni 51 City of Temecula *,* Gallagher *O CORE 360" Incident or Claim Reporting Provision: condition" if, in the sole judgment of the Insurer, the "insured" fails to take reasonable steps to do so. In that event, any "remediation costs" or "catastrophe management costs" incurred by the Insurer shall be deemed incurred by the "insured", and shall be subject to the "self -insured retention" and Limits of Liability identified in the Declarations to this Policy. Without limiting the specific requirements contained in any Insuring Agreement or any other exposure - specific reporting requirement contained within this Policy, the "insured" shall also see to it that the Insurer receives notice of any "claim" or "first -party claim", as soon as practicable, by one or more of the following: 1. Provide written notice to the address, fax number, or email address identified in Item 8.a. of the Declarations to this Policy; or 2. Provide verbal or electronic notice utilizing the Environmental Incident Alert 24-hour Emergency Response and Incident Reporting System by calling the telephone number identified in Item 8. of the Claim Declarations to this Policy or by using the associated telephone web application, respectively. Such notice should include reasonably detailed information as to: 1. The identify of the "insured", including contact information for an appropriate person to contact regarding the handling of the "claim" or "first -party claim"; 2. The identity of the "covered location"; 3. The nature of the "claim" or "first -party claim'; and 4. Any steps undertaken by the "insured" to respond to the "claim" or "first -party claim". Endorsements include, but are not limited to: DESCRIPTION PF-44887b (08/18) - Premises Pollution Liability Insurance Policy Coverage A - Pollution Conditions or Indoor Environmental Conditions Coverage Coverage B - Transportation Coverage Coverage C - Non -Owned Disposal Site Coverage PF-44890 (09/14) - Schedule of Additional Insureds (Broad - With By Contract) Endorsement PF-44917a (03/20) - Dedicated Defense Aggregate Limit Endorsement PF-44957 (09/14) - Notice of Cancellation Amendatory (Generic Time Frame) Endorsement PF-48676b (04/20) - Public Entity Coverage Amendatory Endorsement PF-44913 (09/14) - Schedule of Covered Locations Schedule Endorsement SL-34255a )01/16) - Service of Suit Endorsement ALL-21101 (11/06) - Trade of Economic Sanctions Endorsement LD-5S23j (03/14) - Signatures SL-17888 (01/20) - California Surplus Lines Notification ALL-20887a (03/16) - Chubb Producer Compensation Practices & Policies ILP 001 01 04 - U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") Advisory Notice to Policyholders PF-23728b (02/20) - Terrorism Risk Insurance Act Endorsement (if TRIA is accepted) 52 City of Temecula *,* Gallagher *o• CORE 360" Endorsements include, but are not limited to: DESCRIPTION TRIA11 e (08/20) - Disclosure Pursuant to Terrorism Risk Insurance Act (if TRIA is accepted) TRIA24a (08/20) Policyholder Disclosure Notice of Terrorism Insurance Coverage (if TRIA is rejected) Binding Requirements: Premium $12,152.00 Taxes CA Surplus Lines Tax $364.56 Total Taxes $364.56 Fees CA Stamping Fee $30.38 Total Fees $30.38 ESTIMATED PROGRAM COST $12,546.94 Minimum Earned Premium - 50.00 % TRIA/TRIPRA PREMIUM $627.76 (+ Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: Not Auditable City of Temecula *,* Gallagher *O CORE 360" Coverage: Pollution Legal Liability Carrier: Indian Harbor Insurance Company Policy Period: 7/1/2021 to 7/1/2022 Form Number: Form Type: COVERAGE•-M TYPDATE E RETROACTIVE DATE PENDING & PRIOR Your Location Coverage Claims Made and Reported 7/1/2018 Non -Owned Disposal Site Coverage Claims Made and Reported 7/1/2018 Coverage: DESCRIPTION• Policy Aggregate Limit of Liability Limit $2,000,000 Each Pollution Condition Your Location Coverage Limit of Liability Limit $1,000,000 Aggregate Limit of Liability Limit $2,000,000 Emergency Remediation Expense Coverage Limit of Liability Limit $500,000 Each Pollution Condition Aggregate Limit of Liability Limit $500,000 Contingent Transportation Coverage Limit of Liability Limit $1,000,000 Each Pollution Condition Aggregate Limit of Liability Limit $2,000,000 Non -Owned Disposal Site Coverage Limit of Liability Aggregate Limit of Liability Limit $1,000,000 Each Pollution Condition Limit $2,000,000 Deductibles / Self -Insured Retention Self -Insured Retention COVERAGETYPE Your Location Coverage •UNT $25,000 ADDITIONAL INFO Each Pollution Condition Self -Insured Retention Emergency Remediation Expense $25,000 Each Pollution Condition Self -Insured Retention Contingent Transportation Coverage $25,000 Each Pollution Condition Self -Insured Retention Non -Owned Disposal Site Coverage $25,000 Each Pollution Condition 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 90 days of the expiration date. The cost of this extended reporting period is 100% of the annual premium and is fully earned. The extended reporting period extends only to those claims 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 54 City of Temecula ** Gallagher *o• CORE 360'" reported to the carrier within 365 days of the end of the policy period. The extended reporting period does not increase the limits of liability and is subject to all policy terms, conditions and exclusions. Definition of Claim: Incident or Claim Reporting Provision: As a condition precedent to the coverage hereunder: 1. You shall notify us of each of the following, as soon as practicable a. a Claim; b. Bodily Injury or Property Damage which may result in a Claim; c. a Pollution Condition; and d. Remediation Expense. 2. You shall forward to us, or to any of our authorized agents, all demands, notices, summons, legal papers or orders received by you or your representatives as soon as practicable. Claim 3. You shall provide to us, whether orally or in writing, notice of the particulars including the time, place and circumstances of the Claim, Pollution Condition, Bodily Injury, Property Damage or Remediation Expense, along with the names and addresses of any injured persons or witnesses. In the event of oral notice, you shall furnish to us a written notice of such particulars as soon as practicable. 4. You shall cooperate with us with respect to any coverage sought under this Policy. Upon our request, you shall submit to examination under oath by a representative of us. 5. You shall attend hearings, depositions and trials and assist in effecting settlement, securing and giving evidence, obtaining the attendance of witnesses and otherwise cooperate in the investigation or defense of a Claim. You shall further cooperate with us and do whatever is necessary to secure and effect any rights of indemnity, contribution apportionment or subrogation which you or we may have. Endorsements include, but are not limited to: EVPRLCP 0820 - Policy Form EVPRL001 a - Your Location(s) Schedule Including Request for Additional Your Location(s) EVPRL070a - Additional Coverage for Municipalities EVPRL105a - Business Interruption and Extra Expense Coverages EVPRL930a - Coverage for Certified Acts of Terrorism Subject to Cap and Coverage for Other Acts of Terrorism (if TRIA is accepted) Exclusions include, but are not limited to: City of Temecula ** Gallagher *o• CORE 360'" Binding Requirements: DESCRIPTION Signed and Completed AXA XL Insurance - Environmental Facilities Pollution Application Signed TRIA Form. Premium $13,450.00 Taxes CA Surplus Lines Tax $403.50 Total Taxes $403.50 Fees CA Stamping Fee $33.63 Total Fees $33.63 ESTIMATED PROGRAM COST $13,887.13 Minimum Earned Premium - 25.00 % TRIA/TRIPRA PREMIUM $277 74 (+ Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: Not Auditable City of Temecula *,* Gallagher *O CORE 360" Coverage: Drone Coverage Carrier: ACE American Insurance Company National Liability & Fire Insurance Co Policy Period: 7/1/2021 to 7/1/2022 Participation Schedule: ACE American Insurance Company National Liability & Fire Insurance Co Coverage: Hull Value Limit $2,500 Liability Limit $1,000,000 Medical Payments Limit $5,000 Deductibles / Self -Insured Retention Deductible Additional Coverage: 7Bonds 7UAVPhysical Damage Hull Deductible Endorsements include, but are not limited to: DESCRIPTION Aviation Premises Liability Policy Territory: Worldwide Thirty Days' Notice of Cancellation/Ten Day Notice of Cancellation for Non-payment of Premium Sanctions and Embargo clause Assign ment/Ba n kru ptcy/I nsolvency Bail Bonds Assumed Liability Extension (Contractual Liability) Newly Acquired Unmanned Aircraft Personal and Advertising Injury Liability Inadvertent Errors or Omissions Liability coverage for Property Damage to Non -Owned UAS 57 City of Temecula *,* Gallagher *O CORE 360" Endorsements include, but are not limited to: DESCRIPTION TRIA Disclosure Date Change Recognition Exclusion Limited Write -Back Provisions War, Hi -Jacking and Other Perils Limited Write -Back Provisions Aggregate Endorsement (Applicable to Coverage A - Bodily Injury and Property Damage Liability) War, Hi -Jacking and Other Perils Limited Write Back Provisions Limited Write -Back of Coverage including Certified Terrorism Loss Coverage excluded by the War, Hi -Jacking and Other Perils Exclusion Clause (Applicable to Coverage B - Unmanned Aircraft System Physical Damage) Non -Owned Unmanned Aircraft System Liability Coverage and Medical Coverage OFAC Notice Performance Vector Unmanned Endorsement State Required Endorsements Exclusions include, but are not limited to: DESCRIPTION � Date Change Recognition Exclusion Noise, Pollution and Other Perils Exclusions Asbestos Exclusion Nuclear Risk Exclusion Endorsement War, Hi -Jacking and Other Perils Exclusion Clause Premium $1,204.00 ESTIMATED PROGRAM COST $1,204.00 TRIA/TRIPRA PREMIUM $69.00 (+ Additional Surcharges, Taxes and Fees as applicable) Optional Coverages: DESCRIPTION NEW AMOUNT DEDUCTIBLE / SELF -INSURED RETENTION OTHER PREMIUM TAX $2M Limit 111 111 1 11 111 111 $2,389.01 Subject to Audit: Not Auditable Aircraft: YEAR BUILT MAKE AND MODEL SEATING ESTIMATED VALUE 1 • � • 11 11 58 City of Temecula *,* Gallagher *O CORE 360" Coverage: Volunteer Accident Carrier: Berkley Life and Health Insurance Company Policy Period: 7/1/2021 to 7/1/2022 Coverage: Accidental Death and Dismemberment Limit Principal Sum: $50,000 Aggregate Limit of Liability Per Covered Accident Limit $500,000 Accident Medical and Dental Expense: Accident Medical Expense Loss Period (First Covered Accident Expenses Must be Incurred Within) Benefit Period Additional Benefits: $100,000 90 Days After the Date of the Covered Accident 52 Weeks $300 Per Week Limit Limit Total Disability: Weekly Benefit Amount Total Disability: Maximum Benefit Period Per Covered Accident Total Disability Incurral Period 26 weeks Within 180 Days from the Date of a Covered Accident Deductibles / Self -Insured Retention Additional Coverage: DESCRIPTIOKI• Accidental Death and Dismemberment Benefit - Loss of: Benefit (Percentage of Principal Sum): Life Brain Death Quadriplegia Two or More Members One Member Hemiplegia Paraplegia Uniplegia Thumb and Index Finger of the Same Hand Four fingers of the Same Hand 100% 200% 200% 100% 50% 100% 150% 50% 25% 25% M City of Temecula ** Gallagher •e• CORE 360'" Exclusions include, but are not limited to: DESCRIPTION The Policy Does not Cover any Loss Resulting in Whole or Part from, Or Contributed to by, Or as a Natural or Probable Consequence of any of the Following Even if the Immediate Cause of the Loss is an Accidental Bodily Injury, Unless Otherwise Covered Under the Policy by Additional Benefits: 1. Suicide, Self —Destruction, Attempted Self —Destruction or Intentional Self —Inflicted Injury While Sane or Insane. 2. War or any Act of War, Declared or Undeclared. 3. Service or Active Duty in the Armed Forces, National Guard, Military, Naval or Air Service or Organized Reserve Corps of any Country or International Organization. 4. Sickness, Disease or any Bacterial Infection, Except One that Results from an Accidental Cut or Wound or Pyogenic Infections that Result from Accidental Ingestion of Contaminated Substances. 5. Disease or Disorder of the Body or Mind. 6. Asphyxiation from Voluntarily or Involuntarily Inhaling Gas and not the Result of the Covered person's Job. 7. Voluntarily Taking any Drug or Narcotic Unless the Drug or Narcotic is Prescribed by a Physician. 8. Intoxication or Being Under the Influence of any Drug or Narcotic. 9. Violation or in Violation or Attempt to Violate any Duly —Enacted Law or Regulation, Or Commission or Attempt to Commit an Assault or Felony, Or that Occurs While Engaged in an Illegal Occupation. 10. Conditions that are not Caused by a Covered Accident. 11. Covered Expenses for Which the Covered Person Would not be Responsible in the Absence of This Policy. 12. Injuries Paid Under Workers' Compensation, Employer's Liability Laws or Similar Occupational Benefits or While Engaging in Activity for Monetary Gain from Sources Other than the Policyholder. 13. Travel or Activity Outside the United States. 14. Participation in any Motorized Race or Speed Contest. 15. Aggravation or RE —Injury of a Prior Injury that the Covered Person Suffered Prior to His or Her Coverage Effective Date, Unless we Receive a Written Medical Release from the Covered person's Physician. 16. Heart Attack, Stroke or Other Circulatory Disease or Disorder, Whether or not Known or Diagnosed, Unless the Immediate Cause of Loss is External Trauma. 17. Any Injury Requiring Treatment Which Arises out of, Or in the Course of Fighting, Brawling Assault or Battery. 18. Injury Caused by, Contributed to or Resulting from the Covered person's use of Alcohol, Illegal Drugs or Medicines that are not Taken in the Dosage or for the Purpose as Prescribed by the Covered person's Physician. 19. Services or Treatment Rendered by a Physician, Nurse or any Other Person Who is Employed or Retained by the Policyholder; Or an Immediate Family Member of the Covered Person. 20. Treatment of a Hernia Whether or not Caused by a Covered Accident. 21. Treatment of Osgood—Shatter's Disease, Osteochondritis, Appendicitis, Osteomyelitis, Cardiac Disease or Conditions, Pathological Fractures, Congenital Weakness, Whether or not Caused by a Covered Accident. 60 City of Temecula ** Gallagher *o• CORE 360'" Exclusions include, but are not limited to: DESCRIPTION 22. Treatment of a Detached Retina Unless Caused by an Injury Suffered from a Covered Accident. 23. Pregnancy, Childbirth, Miscarriage, Abortion or any Complications of any of These Conditions. 24. Mental or Nervous Disorders, Except as Specifically Provided in This Policy. 25. Damage to or Loss of Dentures or Bridges or Damage to Existing Orthodontic Equipment, Except as Specifically Provided in This Policy. 26. Expense Incurred for Treatment of Temporomandibular or Craniomandibular Joint Dysfunction and Associated Myofascial Pain, Except as Specifically Provided in This Policy. 27. Loss Resulting from Participation in any Activity not Specifically Covered by This Policy. 28. Any Treatment, Service or Supply not Specifically Covered by This Policy. 29. Eyeglasses, Contact Lenses, Hearing Aids. 30. Practice or Play in any Sports Activity, Including Travel to and from the Activity and Practice, Unless Specifically Provided for in the Policy. 31. Travel or Flight in or on any Vehicle for Aerial Navigation, Including Boarding or Alighting from: I. While Riding as a Passenger in any Aircraft not Intended or Licensed for the Transportation of Passengers; or II. While Being Used for any Test or Experimental Purpose; or lii. While Piloting, Operating, Learning to Operate or Serving as a Member of the Crew Thereof; or IV. While Traveling in any Such Aircraft or Device Which is Owned or Leased by or on Behalf of the Policyholder of any Subsidiary or Affiliate of the Policyholder, or by the Covered Person or any Member of His Household. Premium $1,465.00 ESTIMATED PROGRAM COST $1,465.00 City of Temecula *,* Gallagher *O CORE 360" Coverage: Volunteer Accident Carrier: Federal Insurance Company Policy Period: 7/1/2021 to 7/1/2022 Coverage: DESCRIPTIONLIMIT J Accidental Medical Expense Accidental Death and Dismemberment Paralysis TYPE Limit • $100,000 Limit $50,000 / $1,000,000 Aggregate Limit Limit $50,000 Loss of Life Limit 100% Loss of Speech and Loss of Hearing Limit 100% Loss of Speech and one of Loss of Hand, Loss of Foot or Loss of Sight of One Eye Limit 100% Loss of Hearing and one of Loss of Hand, Loss of Foot or Loss of Sight of One Eye Limit 100% Loss of Hands (Both), Loss of Feet (Both), Loss of Sight or a combination of any two of Loss of Hand, Loss of Foot or Loss of Sight of One Eye Quadriplegia Paraplegia Limit 100% Limit 100% Limit 75% Hemiplegia Limit 75% Loss of Hand, Loss of Foot or Loss of Sight of One Eye (Any one of each) Limit 50% Loss of Speech of Loss of Hearing Limit 50% Uniplegia Limit 25% Loss of Thumb and Index Finger of the same Hand Limit 25% Exclusions include, but are not limited to: DESCRIPTION Owned Aircraft, Leased Aircraft or Operated Aircraft Aircraft Pilot or Crew Disease or Illness Felony Intoxication and Narcotics Operation of a Motor Vehicle without a License Rocket Propelled or Rocket Launched Conveyance Rule Violation Service in the Armed Forces Specialized Aviation 62 City of Temecula *,* Gallagher *O CORE 360" Exclusions include, but are not limited to: Premium ESTIMATED PROGRAM COST Subject to Audit: Not Auditable $2,400.00 $2,400.00 City of Temecula *,* Gallagher *O CORE 360" Coverage: Volunteer Accident Carrier: AXIS Insurance Company Policy Period: 7/1/2021 to 7/1/2022 Coverage: DESCRIPTIONLIMIT Death by Accidental Means and Dismemberment TYPE • Principal Sum Limit $30,000 Aggregate Limit of Liability Accidental Medical Expense Benefit Maximum Benefit per Injury - 100% of U&C Benefit Period Limit $500,000 Limit $100,000 52 weeks First Expense must be incurred within 90 days Catastrophic Cash Benefit Lump Sum Payment Paralysis must occur within Limit $30,000 30 days Paralysis must continue for 180 consecutive days Quadriplegia 100% Paraplegia 75% Hemiplegia 50% Uniplegia 25% Coma must begin within 30 days Coma must continue for 180 consecutive days Brain Death must occur within 30 days Coma Benefit Coma must occur within 30 days of the Covered Accident Benefit Amount 1 % of Principal Sum for 11 mon / 100% in the 12th Month 365 days 100% 75% 50% 25% $300 Paralysis Benefit Paralysis must occur within Quadriplegia Paraplegia Hemiplegia Uniplegia Total Disability Weekly Income Benefit Weekly Benefit Amount 64 City of Temecula *,* Gallagher *O CORE 360" Coverage: Maximum Benefit Period Total Disability must begin within Waiting Period When Benefits begin Endorsements include, but are not limited to: BACC-001-009-CA - Policy Form Exclusions include, but are not limited to: 30 days 7 days End of the Waiting Period DESCRIPTIO Common Exclusions: 1. Intentionally self-inflicted injury, suicide, or any willful attempt thereof; 2. Any loss to which a contributing cause was the Insured Person's commission or attempt to commit a felony or to which a contributing cause was the Insured Person's being engaged in an illegal occupation; 3. Commission of or active participation in a riot or insurrection; 4. Declared or undeclared war or act of war or any act of declared or undeclared war unless specifically provided by this Policy; 5. Flight in, boarding or alighting from an aircraft, except as a passenger on a regularly scheduled commercial airline; 6. Travel in any aircraft owned, leased, operated or controlled by the Policyholder, or any of its subsidiaries or affiliates. An aircraft will be deemed to be "controlled" by the Policyholder if the aircraft may be used as the Policyholder wishes for more than 10 straight days, or more than 15 days in any year; 7. sickness, disease, bodily or mental infirmity, bacterial or viral infection or medical or surgical treatment thereof, (including exposure to viral, bacterial or chemical agents) except for any bacterial infection resulting from an Accidental external cut or wound or Accidental ingestion of contaminated food; 8. Any loss sustained or contracted in consequence of the Insured Person's being intoxicated or under the influence of any controlled substance unless administered on the advice of a Physician; 9. An Accident if the Insured Person is the operator of a motor vehicle and does not possess a valid motor vehicle operator's license, unless (a) the Insured Person holds a valid learners permit and (b) the Insured Person is receiving instruction from a driver's education instructor; 10. Medical or surgical treatment, diagnostic procedure, administration of anesthesia, or medical mishap or negligence, including malpractice unless it occurs during treatment of a Covered Injury; or 11. Benefits will not be paid for services or treatment rendered by any person who is: a. employed or retained by the Policyholder; b. living in the Insured Person's household; c. an Immediate Family Member, including domestic partner, of either the Insured Person or the Insured Person's Spouse; or d. the Insured Person. Premium ESTIMATED PROGRAM COST $3,208.00 City of Temecula *! Gallagher %s CORE 360" Subject to Audit: Not Auditable City of Temecula Premium Summary The estimated program cost for the options are outlined in the following table: First Excess Liability - $51VI xs SIR Premium Taxes Srchr^ & ' nt Total Fees Estimated Cost Annualized Cost TRIA Premium AIX Specialty Insurance Company Second Excess Premium N/A Liability - $51VI xs Taxes $5M Srchrry R Asmnt Total Fees Estimated Cost Annualized Cost TRIA Premium Excess Workers Premium Safety National Compensation Taxes Casualty Corporation (Tokio Marine Srchrg & Asmnt Holdings, Inc.) Total Fees Estimated Cost Annualized Cost TRIA Premium $189,064.00 ' AIX Specialty $5,671.92 Insurance Company (Hanover Insurance Companies) $472.66 $195,208.58 Hallmark Specialty Insurance Company $56,310.00 ' Arch Insurance Company $56,310.00 M. $189,064.00 $5,671.92 $472.66 $195,208.58 $125,000.00 $3,750.00 $312.50 $129,062.50 $108,154.00 $108,154.00 Gallagher •• CORE 360" City of Temecula Property Premium American Home Taxes Assurance Company Srchrq & I nt Total Fees Estimated Cost Annualized Cost TRIA Premium Primary Difference Premium Steadfast Insurance in Conditions ($10M Taxes Company Limit) Srchrg & Asmnt Total Fees Estimated Cost Annualized Cost TRIA Premium Excess Difference Premium QBE Specialty in Conditions ($25M Taxes Insurance Company xs $10M) Srchrg & Asmnt Lloyd's Syndicate 33 y y Total Fees General Security Indemnity Co. of Estimated Cost Arizona Annualized Cost TRIA Premium $140,000.00 ' Hanover Insurance $123,659.00 Company _ $140,000.00 $123,659.00 $132,587.00 Steadfast Insurance $151,200.00 $3,990.81 Company $4,554.00 _ General Security _ $772.57 Indemnity Co. of $979.50 Arizona $137,350.38 $156,733.50 $61,821.00 QBE Specialty $70,000.00 $1,872.63 Insurance Company $2,136.00 _ Lloyd's Syndicate 33 _ $756.05 General Security $1,378.00 $64,449.68 Indemnity Co. of $73,514.00 Arizona Mercer Insurance Company Gallagher •• CORE 360" City of Temecula Standalone Premium Lloyd's Syndicate Terrorism Taxes 2623/623 Srchrq & I L Total Fees Estimated Cost Annualized Cost TRIA Premium Auto Physical Premium Hanover Insurance Damage / Taxes Company Contractors Srchrg & Asmnt Equipment Total Fees Estimated Cost Annualized Cost TRIA Premium Cyber Liability Premium ACE American Taxes Insurance Company Srchrg & Asmnt Total Fees Estimated Cost Annualized Cost TRIA Premium $8,305.00 Lloyd's Syndicate $8,610.00 $249.15 2623/623 $258.30 $20.76 $21.52 $8,574.91 $8,889.82 $9,317.00 Hanover Insurance $10,104.00 Company _ $9.317.00 $10,104.00 $11,004.00 ACE American $30,690.00 _ Insurance Company _ $11,004.00 $30,690.00 IMM Gallagher •• CORE 360" City of Temecula Pollution Legal Premium Indian Harbor Liability Taxes Insurance Company Srchrq & I L Total Fees Estimated Cost Annualized Cost TRIA Premium Drone Coverage Premium ACE American Taxes Insurance Company Srchrg & Asmnt National Liability & Fire Insurance Co. Total Fees Estimated Cost Annualized Cost TRIA Premium Volunteer Accident Premium Berkley Life and Taxes Health Insurance Company (W. R. Srchrg & Asmnt Berkley Group ) Total Fees Estimated Cost Annualized Cost TRIA Premium Total Estimated Program Cost $13,250.00 ' Illinois Union $12,150.00 $397.50 Insurance Company $364.56 $33.13 $30.38 $13,680.63 $12,544.94 $1,075.00 ACE American $1,204.00 Insurance Company _ National Liability & _ Fire Insurance $1,075.00 Company $1,204.00 $1,380.00 Berkley Life and $1,465.00 Health Insurance _ Company (W. R. Berkley Group ) $1,380.00 $1,465.00 $638,350.18 $851,229.34 Gallagher •• CORE 360" City of Temecula Quote from Indian Harbor Insurance Company (XL Group plc) is valid until 5/16/2021 Quote from Ironshore Specialty Insurance Co (Ironshore Specialty Insurance Co) is valid until 6/7/2021 Quote from Steadfast Insurance Company (Zurich Insurance Group Ltd), etc... is valid until 7/1/2021 Quote from QBE Specialty Insurance Company (QBE Insurance Group), etc... is valid until 7/1/2021 Quote from Safety National Casualty Corporation (Tokio Marine Holdings, Inc.) is valid until 7/2/2021 Quote from Berkley Life and Health Insurance Company (W. R. Berkley Group ) is valid until 6/29/2021 Quote from AIX Specialty Insurance Company (Hanover Insurance Companies) is valid until 7/1/2021 Quote from ACE American Insurance Company (ACE Group), etc... is valid until 7/1/2021 Quote from Lloyds' Syndicate 2623/623 (Beazley Furlonge Ltd) is valid until 7/1/2021 Quote from American Home Assurance Company (American International Group, Inc) is valid until 7/1/2021 Quote from Hallmark Specialty Insurance Company (Hallmark Financial Services, Inc) is valid until 7/1/2021 Quote from ACE American Insurance Company (ACE Group) is valid until 8/30/2021 Quote from Illinois Union Insurance Company (ACE Group) is valid until 7/1/2021 Quote from Arch Insurance Company (Arch Insurance Group) is valid until 6/5/2021 Quote from Hanover Insurance Company (Hanover Insurance Companies) is valid until 6/11/2021 Quote from Hanover Insurance Company (Hanover Insurance Companies) is valid until 6/17/2021 Quote from Indian Harbor Insurance Company (XL Group plc) is valid until 7/1/2021 Quote from Federal Insurance Company (Chubb Group of Insurance Companies) is valid until 7/1/2021 Quote from AXIS Insurance Company (AXIS Capital Holdings Limited) is valid until 7/1/2021 Gallagher *• CORE 360'" Gallagher is responsible for the placement of the following lines of coverage: First Excess Liability - $51M xs SIR Second Excess Liability - $51M xs $51M Excess Workers Compensation Property Primary Difference in Conditions - $10M Limit Excess Difference in Conditions - $25M xs $10M Standalone Terrorism Auto Physical Damage/Contractors Equipment Cyber Liability Pollution Legal Liability Drone Coverage Volunteer Accident It is understood that any other type of exposure/coverage is either self -insured or placed by another brokerage 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. 71 City of Temecula Gallagher *• CORE 360'" 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. 72 City of Temecula *,* Gallagher *O CORE 360" Payment Plans CARRIER / PAYABLE CARRIER LINE OF COVERAGE METHODSCHEDULE AIX Specialty Insurance Company (Hanover Insurance Companies) First Excess Liability - $5M xs SIR Prepaid Agency Bill Hallmark Specialty Insurance Company (Hallmark Financial Services, Inc) Second Excess Liability - $5M xs $5M Prepaid Agency Bill Safety National Casualty Corporation (Tokio Excess Workers Marine Holdings, Inc.) Annual Payment Compensation Agency Bill Arch Insurance Company (Arch Insurance G Group) Excess Workers Prepaid Compensation Agency Bill American Home Assurance Company Property Prepaid Agency Bill (American International Group, Inc.) Hanover Insurance Company (Hanover Property Prepaid Agency Bill Insurance Companies) Steadfast Insurance Company (Zurich Insurance Group Ltd) Primary Difference in Prepaid Agency Bill Conditions - $10M Limit General Security Indemnity Co of Arizona QBE Specialty Insurance Company (QBE Insurance Group) Lloyd's Syndicate 33 Excess Difference in General Security Indemnity Co of Arizona Conditions - $25M xs $10M Prepaid Agency Bill Mercer Insurance Company (United Fire & Casualty Group) Lloyds' Syndicate 2623/623 (Beazley Furlonge Standalone Terrorism Prepaid Agency Bill Ltd) Hanover Insurance Company (Hanover Auto Physical Insurance Companies) Damage/Contractors Prepaid Agency Bill Equipment Agency Bill Indian Harbor Insurance Company (XL Group Cyber Liability Prepaid Pic) Cyber Liability Prepaid Agency Bill ACE American Insurance Company (ACE Group) Ironshore Specialty Insurance Co (Ironshore Specialty Insurance Co) Pollution Legal Liability Prepaid Agency Bill Illinois Union Insurance Company (ACE Group) Agency Bill Pollution Legal Liability Prepaid 73 City of Temecula *,* Gallagher *O CORE 360" Indian Harbor Insurance Company (XL Group Pic) Pollution Legal Liability Prepaid Agency Bill ACE American Insurance Company (ACE Group) Drone Coverage Prepaid Direct Bill National Liability & Fire Insurance Co (Berkshire Hathaway Insurance Group) Berkley Life and Health Insurance Company (W. Volunteer Accident Annual Agency Bill R. Berkley Group) Federal Insurance Company (Chubb Group of Volunteer Accident Prepaid Agency Bill Insurance Companies) Volunteer Accident Prepaid Agency Bill AXIS Insurance Company (AXIS Capital Holdings Limited) 74 City of Temecula *,* Gallagher *O CORE 360" Carrier Ratings and Admitted Status PROPOSED. ACE American Insurance Company FINANCIAL SIZE .- A++ XV A XV Admitted AIX Specialty Insurance Company Non -Admitted American Home Assurance Company A XV Admitted Arch Insurance Company AXIS Insurance Company A+ XV Admitted A XV Admitted Berkley Life and Health Insurance Company A+ VIII Admitted Federal Insurance Company General Security Indemnity Co of Arizona A++ XV Admitted Non -Admitted A+ XV Hallmark Specialty Insurance Company A- VIII Non -Admitted Hanover Insurance Company A XV Admitted Illinois Union Insurance Company Indian Harbor Insurance Company A++ XV Non -Admitted Non -Admitted A+ XV Ironshore Specialty Insurance Co Lloyds' Syndicate 2623/623 (Beazley Furlonge Ltd) Lloyd's Syndicate 33 Mercer Insurance Company A XV Non -Admitted A XV Non -Admitted A XV Non -Admitted A X Non -Admitted National Liability & Fire Insurance Co A++ XV Admitted QBE Specialty Insurance Company A XV Non -Admitted Safety National Casualty Corporation A++ XV Admitted Non -Admitted Steadfast Insurance Company A+ XV *Gallagher companies use A.M. Best rated insurers and the rating listed above was verified on the date the proposal document was created. Best's Credit RatingsTm reproduced herein appear under license from A.M. Best and do not constitute, either expressly or impliedly, an endorsement of Gallagher's service or its recommendations. A.M. Best is not responsible for transcription errors made in presenting Best's Credit RatingsTM. Best's Credit RatingsTm are proprietary and may not be reproduced or distributed without the express written permission of A.M. Best. A Best's Financial Strength Rating is an independent opinion of an insurer's financial strength and ability to meet its ongoing insurance policy and contract obligations. It is not a warranty of a company's financial strength and ability to meet its obligations to policyholders. Best's Credit RatingsTm are under continuous review and subject to change and/or affirmation. For the latest Best's Credit RatingsTm and Guide to Best's Credit Ratings, visit the A.M. Best website at http://www.ambest.com/ratings. **If coverage placed with a non -admitted carrier, it is doing business in the state as a surplus lines or non -admitted carrier, and is neither subject to the same regulations as an admitted carrier nor do they participate in any state insurance guarantee fund. 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 tho rarrior which may rhnnno City of Temecula *,* Gallagher *O CORE 360" Proposal Disclosures City of Temecula ** Gallagher •eP CORE 360'" 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 Disclaimer IMPORTANT: The proposal and/or any executive summaries outline certain terms and conditions of the insurance proposed by the insurers, based on the information provided by your company. The insurance policies themselves must be read to fully understand the terms, coverages, exclusions, limitations and/or conditions of the actual policy contract of insurance. Policy forms will be made available upon request. We make no warranties with respect to policy limits or coverage considerations of the carrier. Compensation Disclosure 1. Gallagher Companies are primarily compensated from the usual and customary commissions, fees or, where permitted, a combination of both, for 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 based on market conditions and the insurance product placed for the client. 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 that provide for additional compensation if certain underwriting, profitability, volume or retention goals are achieved. Such goals are typically based on the total amount of certain insurance coverages placed by Gallagher with the insurance company, not on an individual policy basis. As a result, Gallagher may be considered to have an incentive to place your insurance coverages with a particular insurance company. If you do not wish to have your commercial insurance placement included in consideration for additional compensation, contact your producer or service team for an Opt -out form. 3. Gallagher Companies may receive investment income on fiduciary funds temporarily held by them, or from obtaining or generating premium finance quotes, unless prohibited by law. 4. Gallagher Companies may also access or have an ownership interest in 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 some of which may earn and retain customary brokerage commission and fees for their work. If you have specific questions about any 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: Chief Compliance Officer Gallagher Global Brokerage Arthur J. Gallagher & Co. 2850 Golf Rd. Rolling Meadows, IL 60008 TRIAITRIPRA Disclaimer If this proposal contains options to purchase TRIA/TRIPRA coverage, the proposed TRIA/TRIPRA 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. TRIPRA is set to expire on December 31, 2027. There is no certainty of extension, thus the coverage provided by your insurers may or may not extend beyond December 31, 2027. 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 Estimator Disclaimer 77 City of Temecula ** Gallagher •e• CORE 360'" These property values were obtained using a desktop Property Estimator software operated by non -appraisal professionals. These property values represent general estimates which are not to be considered a certified appraisal. These property values include generalities and assumptions that may produce inaccurate values for specific structures. City of Temecula *,* Gallagher *O CORE 360" Client Signature Requirements IMPORTANT NOTICE: 1. The insurance policy that you are applying to purchase is being issued by an insurer that is not licensed by the State of California. These companies are called "nonadmitted" or "surplus line" insurers. 2. The insurer is not subject to the financial solvency regulation and enforcement that apply to California licensed insurers. 3. The insurer does not participate in any of the insurance guarantee funds created by California law. Therefore, these funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make payments as promised. 4. The insurer should be licensed either as a foreign insurer in another state in the United States or as a non -United States (alien) insurer. You should ask questions of your insurance agent, broker, or "surplus line" broker or contact the California Department of Insurance at the toll -free number 1-800-927-4357 or internet website www.insurance.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 visit the NAIC's internet website at www.naic.org. The NAIC—the National Association of Insurance Commissioners —is the regulatory support organization created and governed by the chief insurance regulators in the United States. 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. You can find a link to each state from this NAIC internet website: https:Hnaic.org/state_web_map.htm. 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 (LASLI)." Ask your agent or broker if the insurer is on that list, or view that list at the internet website of the California Department of Insurance: www.insurance.ca.gov/01-consumers/120-company/071asli/lasli.cfm. 8. If you, as the applicant, required that the insurance policy you have purchased be effective 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: 05/24/2021 Insured: 4W� L 0 D-1 (Effective January 1, 2020) City of Temecula ** Gallagher *oP CORE 360'" Client Authorization to Bind Coverage After careful consideration of Gallagher's proposal dated 5/19/2021, we accept the following coverage(s). Please check the desired coverage(s) and note any coverage amendments below: COVERAGE/CARRIER• - • DIFFERENCES Accept ❑ Reject I First Excess Liability - $5M xs SIR Option # 1 AIX Specialty Insurance Company ❑Option # 2 AIX Specialty Insurance Company - $250K Deductible Option 2 El Accept YfReject TRIA Accept ❑ Reject Second Excess Liability - $5M xs $5M Hallmark Specialty Insurance Company ❑Accept Reject EAccept ❑ Reject Excess Workers Compensation Mbption # 1 Safety National Casualty Corporation ❑Option # 2 Safety National Casualty Corporation - $650K Deductible Option # 3 Arch Insurance Company TRIA Cannot Be Rejected 'Accept ❑ Reject Property El Option # 1 American Home Assurance Company Option # 2 Hanover Insurance Company ❑Accept eject TRIA N(Accept ❑ R eject Primary Difference in Conditions - $10M Limit Steadfast Insurance Company, General Security Indemnity Co of Arizona LrJAccept ❑ Reject Excess Difference in Conditions - $25M xs $10M QBE Specialty Insurance Company, Lloyd's Syndicate 33, General Security Indemnity Co of Arizona, Mercer Insurance Company Accept ❑ Reject Standalone Terrorism Lloyds' Syndicate 2623/623 (Beazley Furlonge Ltd) City of Temecula *,* Gallagher *O CORE 360" �/A L ccept El . Auto Physical Damage/Contractors Equipment DESCRIPTION MAJOR DIFFERENCES Hanover Insurance Company Accept ❑ Reject Cyber Liability ❑Option # 1 Indian Harbor Insurance Company VOption # 2 ACE American Insurance Company I ]Accept Rejec TRIA I Accept ❑ R eject Pollution Legal Liability I ❑Option # 1 Ironshore Specialty Insurance Co Option # 2 Illinois Union Insurance Company ❑Option # 3 Indian Harbor Insurance Company I ]Accept SIRejeci TRIA I IAccept ❑ R eject Drone Coverage I I ❑Option # 1 N6ption # 2 ❑Option # 3 ACE American Insurance Company, National Liability & Fire Insurance Co ACE American Insurance Company, National Liability & Fire Insurance Co - $2M Limit ACE American Insurance Company, National Liability & Fire Insurance Co - $5M Limit I I Accept VRej,. TRIA I Accept ❑ R eject Volunteer Accident Option # 1 Berkley Life and Health Insurance Company ❑Option # 2 Federal Insurance Company ❑Option # 3 AXIS Insurance Company Accept YReject TRIA 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: 83 City of Temecula ** Gallagher •e• CORE 360'" Exposures and Values We confirm the payroll, values, schedules, and other data contained in the proposal, and submitted to the underwriters, are compiled from information provided by you and we acknowledge it is our responsibility to see that such information is updated and maintained accurately. For renewal policies, if no updates were provided to Gallagher, the values, exposures and operations used were based on the expiring policies. Gallagher's liability to Client arising from any acts or omissions of Gallagher shall not exceed $20 million in the aggregate. Gallagher shall only be liable for actual damages incurred by Client, and shall not be liable for any indirect, consequential or punitive damages or attorneys' fees. No claim or cause of action, regardless of form (tort, contract, statutory, or otherwise), arising out of, relating to or in any way connected with this Agreement or any Services provided hereunder may be brought by either party any later than two (2) years after the accrual of such claim or cause of action. Gallagher has established security controls to protect Client confidential information from unauthorized use or disclosure. For additional information, please review Gallagher's Privacy Policy located at https://www.ajg.com/privacy-policy/. I have read, understand and agree that the above information is correct and has been disclosed to us prior to authorizing Gallagher to bind coverage and/or provide services to us. By: Isaac Garibay, Director of Human Resources/Risk Management Print Name (Specify Title) City of Temecula Company Signature Date: 05/24/2021 City of Temecula *,* Gallagher *O CORE 360" Appendix City of Temecula Bindable Quotations & Compensation Disclosure Schedule Client Name: City of Temecula First Excess Liability - $5M AIX Specialty Insurance Company (Hanover xs SIR Insurance Companies) Second Excess Hallmark Specialty Insurance Company (Hallmark Liability - $5M Financial Services, Inc) xs $5M Excess Workers Safety National Casualty Corporation (Tokio Marine Compensation Holdings, Inc.) Excess Workers Arch Insurance Company (Arch Insurance Group) Compensation Property American Home Assurance Company (American International Group, Inc) Property Hanover Insurance Company (Hanover Insurance Companies) Primary Steadfast Insurance Company (Zurich Insurance Difference in Group Ltd) Conditions - $10M Limit General Security Indemnity Co of Arizona Risk Placement Services Risk Placement Services ■OYI1 N/A N/A N/A CRC Wholesale Group $189,064.00 $125,000.00 $161,910.00 $108,154.00 $184,501.00 $123,659.00 $151,200.00 Gallagher ••CORE360I 0 % I 8.5 % 10% I 5% 0% 0% 0% 15% 0% " City of Temecula QBE Specialty Insurance Company (QBE Insurance Excess Group) Difference in Lloyd's Syndicate 33 CRC Wholesale Group Conditions - General Security Indemnity Co of Arizona $25M xs $10M Mercer Insurance Company (United Fire & Casualty Group) Standalone Lloyds' Syndicate 2623/623 (Beazley Furlonge Ltd) Arthur J Gallagher - Baton Terrorism Rouge #338 $70,000.00 0 % $8,610.00 0 % Gallagher *• CORE 360'" 5% Auto Physical Damage/Contr Hanover Insurance Company (Hanover Insurance N/A $13,778.00 0 % actors Companies) Equipment Cyber Liability Indian Harbor Insurance Company (XL Group plc) N/A $50,000.00 15 % Cyber Liability ACE American Insurance Company (ACE Group) N/A $30,690.00 0 % Pollution Legal Ironshore Specialty Insurance Co (Ironshore N/A 15 % $22,211.00 Liability Specialty Insurance Co) Pollution Legal Illinois Union Insurance Company (ACE Group) N/A $12,152.00 o 15 /o Liability Pollution Legal Indian Harbor Insurance Company (XL Group plc) N/A $13,450.00 15 % Liability Drone Coverage Volunteer Accident ACE American Insurance Company (ACE Group) National Liability & Fire Insurance Co (Berkshire Hathaway Insurance Group) Berkley Life and Health Insurance Company (W. R. Berkley Group ) Arthur J Gallagher - Las Vegas N/A I-M $1, 204.00 0% 17.5 % City of Temecula Volunteer Federal Insurance Company (Chubb Group of N/A $2,400.00 15 % Accident Insurance Companies) Volunteer AXIS Insurance Company (AXIS Capital Holdings N/A $3,208.00 0 % Accident Limited) Gallagher *• CORE 360'" 1 We were able to obtain more advantageous terms and conditions for you through an intermediary/ wholesaler. 2 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. 3 The commission rate is a percentage of annual premium excluding taxes & fees City of Temecula *! Gallagher •46CORE 360" Binding Requirements First Excess Liability - $51VI xs SIR AIX Specialty Insurance Company Second Excess Liability - $51VI xs $5M Hallmark Specialty Insurance Companv Excess Workers Compensation Safety National Casualty Corporation Excess Workers Compensation Arch Insurance Company Property American Home Assurance Companv Property Hanover Insurance Company Primary Difference in Conditions - $10M Limit Steadfast Insurance Company General Security Indemnity Co of Arizona Excess Difference in Conditions - $25M xs $10M QBE Specialty Insurance Company Lloyd's Syndicate 33 General Security Indemnity Co of Arizona Mercer Insurance Company Standalone Terrorism Lloyds' Syndicate 2623/623 (Beazley Furlonge Ltd) Auto Physical Damage/Contractors Equipment Hanover Insurance Company N/A Completed and signed Public Entity Application Completed and signed TRIA Acceptance or Rejection form N/A N/A Signed and dated TRIA Form. N/A N/A N/A N/A Confirmation of TRIA acceptance or rejection. Cyber Liability Subject to: Indian Harbor Insurance Company �1. Insured Contact Name and Email Address Cyber Liability N/A ACE American Insurance Company Pollution Legal Liability Ironshore Specialty Insurance Co Pollution Legal Liability Illinois Union Insurance Company Signed Terrorism Policyholder Disclosure Signed and completed Ironshore application 1. Completed, signed and dated Chubb Environmental application 2. Signed and dated attached TRIA disclosure farm hilt nnly if reier.finn TRIA coverage City of Temecula*! Gallagher •46CORE 360" Signed and Completed AXA XL Insurance - Environmental Facilities Pollution Pollution Legal Liability Application Indian Harbor Insurance Company Signed TRIA Form. Drone Coverage ACE American Insurance Company N/A National Liability & Fire Insurance Co Volunteer Accident Berkley Life and Health Insurance Subject to Signed Acceptance of Renewal Quote Company Volunteer Accident N/A Federal Insurance Company Volunteer Accident N/A AXIS Insurance Company City of Temecula ** Gallagher •eP CORE 360'" Claims Reporting By Policy Immediately Report all claims. Reporting to Gallagher or Assistance in Reporting [All Line Of coverage] • Email: GGB.NRCclaimcenter(a)ajg.com • Phone:855-497-0578 • Fax:225-663-3224 91 Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Isaac Garibay, Director of Human Resources/Risk Management DATE: June 22, 2021 SUBJECT: Approve Non -Financial Revisions to Existing Labor Agreements RECOMMENDATION: That the City Council: 1. Approve Amended and Restated Memorandum of Understanding between the City of Temecula and the General Employees of the City of Temecula represented by the California Teamsters Public, Professional, and Medical Employee Union Local 911 effective July 1, 2021 through June 30, 2022; and 2. Approve the Amended and Restated Management Compensation Plan; and 3. Approve the Amended and Restated City Council Compensation Plan. BACKGROUND: Several years ago, the City Council approved a 4-year Memorandum of Understanding (MOU) between the City of Temecula and the employees represented by the Teamsters Local 911 (Union) effective July 1, 2017 through June 30, 2021. Pursuant to the Meyers, Milias, Brown Act, the City would have ordinarily initiated labor negotiation discussions with the Union in late 2020 to meet and confer on the MOU expiring on June 30, 2021. Given the circumstances due to the COVID-19 global pandemic, and the uncertain economic impact it would have on the City at the time, the City and Union met and conferred beginning in August 2020 to achieve agreement on certain terms and conditions of employment for a new MOU to succeed the MOU in effect between these parties to maintain the maximum amount of stability through the duration of the pandemic. To that end, the City and the Union agreed that the MOU expiring on June 30, 2021 should be extended by one year without any economic enhancements or reductions. The City Council approved the successor MOU at its meeting of September 22, 2020; thereby extending the term of the July 1, 2017 MOU by 1-year, through June 30, 2022, no other edits, amendments or adjustments were made at that time. Subsequent to that extension, the City and Union met and conferred to collaboratively review the successor MOU to make non -economic, administrative and/or clarifying language adjustments. Several of the non -economic, administrative and/or clarifying language adjustments apply to the Management Compensation Plan and City Council Compensation Plan currently in effect, both are recommended to be updated similarly in the interest of consistency. Therefore, Staff recommends that the City Council approve the Amended and Restated Memorandum of Understanding between the City of Temecula and the General Employees of the City of Temecula represented by the California Teamsters Public, Professional, and Medical Employee Union Local 911 effective July 1, 2021 through June 30, 2022; the Amended and Restated Management Compensation Plan; and, the Amended and Restated City Council Compensation Plan. FISCAL IMPACT: None ATTACHMENTS: 1. Red -Line - Amended and Restated Memorandum of Understanding between the City of Temecula and the General Employees of the City of Temecula represented by the California Teamsters Public, Professional, and Medical Employee Union Local 911 effective July 1, 2021 through June 30, 2022 2. Clean - Amended and Restated Memorandum of Understanding between the City of Temecula and the General Employees of the City of Temecula represented by the California Teamsters Public, Professional, and Medical Employee Union Local 911 effective July 1, 2021 through June 30, 2022 3. Amended and Restated Management Compensation Plan dated July 1, 2021 4. Amended and Restated City Council Compensation Plan dated July 1, 2021 MEMORANDUM OF UNDERSTANDING (M.O.U) Between the City of Temecula and Teamsters Local 911 Effective July 1, 2021 Amended and Restated June 22, 2021 Table of Contents 30.8 PFegnaRGY Leaye .........* ......... **"*"" ......... ......................................... , ... , ....... 282-7 30.9 AlteMative Leave....................... ..............—d.. 2827- AFt'Gle 31 juFy Duty ................... **"* .......... ......................................... ......... -....292-7 Art'Gle 32 M'I'tary Leave ..................... 3-0-24 .Artonliz 22 1 eave.; Af Ahc;ennp IN Pay ........................................................................ -.29 30 , 22 1 prpgpd Lease ef Ab6eRGe Witheut Pay ................................... 312-9 33.2 PFOGedure for UnfereseeR GirGurnstanGes ...........................................................3230 Artonliz 24 Hpalth and lA9p"np,;,; Rpnpfwt;; .... . . . .. ...... ...... . . ...... . . . ........ ............................................................................ 32W 34.1 Health Coverage .......... ..... * ... " ... , ..... * ... **"* ......................................... , ........... —....3230 24.2 Dental GeveFage ................................................................................................. 3334 34.3 Vision Coverage 24 4 Disability In6wFanGe ............................................................................................. 33� 34.6 Flex'ble Benefits Program... .... ...... — 3334 24 R Retiree MediGal, Denta ;4nd Vmc;ien Pre I - . . . .--. -rn--PA id Reirnbumse-me.mt ...................... ...... 3334- ArtmGme 35 Life insuraRGe ... dd..d ..... ... ........... d .......... —... d d 3533 Article 36 Retirement.......................................................................................... **"* ....... —...3539 Article 37 Deferred Compen6atien .............................................................................. ...... 3634 .A..rtmp-.Ip- 2- A- Late Stai4s .... ............................... d..dd ............................................................ 36� 29 Rp,;t Pe.FlAd..,; -- . .--- . ...................................................................................................... 3734 Art'Gle 40 Hour of I.Ainsnk . ............. 3735 40.1 PaFtiGipatien ........................................................................................................ 3735 Art'Gle 41 GF'evaRGe ProGedure. ..... d .... d .................. .............. d ......... ... !3735 41.1 GraevaRE;e ....... ........ 3835 41 Re p rese Rtati E) n ......... dd ... d ...... ......... 3835 41 GraevaRr--.P- -Dl,.;P----s-s--On--n 'dd'dd"dd ... d ......... ............. ....... 3836 41A Non Reviewable Gr'evanGe.. ... ...... ............. 28P6 41.6 FiliRg of Gr'evaRE;e ............ .... 3-8W 41 6 CFlpwa.RGA TOFAA LiMitl; ........................................................................................ 3836 Artide 42 DisGipline ....................... ......... d ................ dd ......... —d.. d d 3937 Art'Gle 43 AlGehel and Drug PeliGy .......................... * ..........................44 4A ......... **"*"* ........ 444 Art'Gle ReduGt'on in Worl4me ............... dd ....... d ..... dd..dd.dd ............. dd ... dd ... d ........... d .... �4444- AFtiGle 45 jab AGt'ans .................................... , ........................................... .............. 4 5,�� .A.rtmplp 4R Riza,;nn;;h'p AAAAmm 464 ............................. . -9 Article 47 ReGlassaftaflons .................................................... d ....... ... d.. d ........................ 4 643 47 1 RAGIASSifiGatien Implementatien (aka SalaFy gGhedule B .......................... 4643 47.2 ReGlassifiGatiOR Studies ............. ......... ........... d ..... 47 44 472 RAGIASSifiGatien Request- Rresess.......................................................................4744 .A.rfidiz 4R Performing Arts/Theater . .............. ...................................................... ........ 4A .A.rtonliz 4 Q Resting of VaGaRGies ......................................................................................... 4 845 AFt'Gle 50 Sepwabilil . .......................................................................................................4.845 Art'Gle 51 PeFfermanGe I. a ......................................................................................... 4945 Artonliz 52 Per,;Annpl R--Ipc; andPnlmAmpi; Rules ..... . ...... . ......................................... 4946 ......... **"**"* ......... Art'Gle 53 NGtiGe to Meet and Confer on Polley Ghanges .................................................. 4 9,�� AFt'Gle 544Repeking PFejeGt Empleyee Heur-s ................................................................ "" 5046 AppeRdix A Represented GlassifiGations for Regular Employees............................................. 1 Appendix B 2� Rated Empleyees ............................................................................................. 3 Foreword.................................................................................................................. d d ... d ... d .... ddd. 1 Preamble................................................................................................................................... 1 Article 1 Recognition ............ d ......... ...... ........... d ............. dd..dd. 1 Article 2 Implementation .......... ....... d ............................. 1 Article3 Term......................................................................................................................... 1 Article4 Authorized Agents.................................................................................................... 1 4.1 City's Authorized Agent............................................................................................ 2 4.2 General Employees Authorized Agent..................................................................... 2 Article5 City Rights................................................................................................................ 2 Article6 Employee Rights...................................................................................................... 2 Article7 Union Rights............................................................................................................. 2 7.1 Agency Shop........................................................................................................... 2 7.2 New Hire Notification..............................................................................................3-2 7.3 Union Dues Process................................................................................................ 3 7.4 Religious Exemption................................................................................................ 3 7.5 Failure to Elect........................................................................................................43 7.6 Union Dues Collection............................................................................................43 7.7 Dues Check Offs.....................................................................................................43 7.8 Records...................................................................................................................4 7.9 Rescission of Agreement........................................................................................54 7.10 Indemnification.......................................................................................................54 7.11 Bargaining Unit Communications............................................................................54 7.12 Union Roster...........................................................................................................54 7.13 Employee Representatives.....................................................................................54 Article 8 Personnel Files........................................................................................................65 8.1 Derogatory Material................................................................................................65 8.2 Derogatory Material on File.....................................................................................65 8.3 Customer/Citizen Letters of Commendation............................................................65 Article9 Seniority..................................................................................................................65 Article 10 Compensation Adjustments...................................................................................76 10.1 Longevity Compensation........................................................................................76 10.2 Special Merit Pay....................................................................................................76 10.3 Bilingual Pay...........................................................................................................76 10.4 Notary Pay..............................................................................................................87 10.5 PERS Reportability.................................................................................................87- Article11 Holiday Pay...........................................................................................................87 11.1 Assigned Schedule for Holiday Pay........................................................................87- 11.2 Pro -Rated Holiday Pay...........................................................................................87- 11.3 Scheduled to Work a Holiday..................................................................................87- 11.4 Work Plan for Holiday Pay on Employee's Scheduled Day Off...............................98 Article 12 City Holidays.........................................................................................................99 Article13 Overtime................................................................................................................99 13.1 5/40 and 4/10 Workweek......................................................................................109 13.2 9/80 Workweek.....................................................................................................109 13.3 Time Worked........................................................................................................109 13.4 Called Back to Work.............................................................................................109 13.5 Assignments.........................................................................................................119 13.6 Administrative Leave ......... ......... ...... .... .................. ............................................ 11a-9 Article 14 Overtime Authorization......................................................................................1 low Article 15 Compensatory Time ... ....................................................................................... 114-9 15.1 Accrual...............................................................................................................1140 15.2 Time Used for Leave..........................................................................................114-9 15.3 Cash Out............................................................................................................1140 Article 16 Call -Out Policy .......... ......................................................................................... 1244- Article 17 Stand -By Pay....................................................................................................1244 17.1 Rotation of Storm -Watch Crews..........................................................................1342 17.2 Rotation of Banner Installation/Removal Crews..................................................134-2 Article 18 Shift Differential Pay..........................................................................................1342 Article 19 City Uniforms.....................................................................................................1443 19.1 Uniforms.............................................................................................................1443 19.2 Care of Uniforms.................................................................................................144-3 19.3 Wearing of Uniforms...........................................................................................1443 19.4 Uniform Replacement.........................................................................................1443 19.5 Safety Equipment...............................................................................................1449 19.6 Safety Boots/Shoes Allowance...........................................................................1443 19.7 Additional Boot Allowance..................................................................................1544 19.8 Clothing Allowance.............................................................................................1544 Article 20 Temporary Upgrade Assignment.......................................................................1544 Article 21 Out -of -Classification Pay...................................................................................1645 21.1 Compensation....................................................................................................1645 21.2 Length of Out of Class Assignment.....................................................................1645 21.3 Voluntary Out -of -Class Work Exclusion..............................................................1745 21.4 Submission of Out -of -Class Work.......................................................................1745 Article 22 Probationary Periods.........................................................................................1745 22.1 Promotional and Transfer Probation...................................................................1745 Article 23 Eligibility for Merit Increases..............................................................................1745 Article 24 Tuition Reimbursement.....................................................................................1845 24.1 Required Educational or Training Courses.......................................................... 1847- 24.2 Training Time......................................................................................................1847- 24.3 Reimbursement..................................................................................................1847- Article 25 Employee Computer Purchase Program........................................................... 1947- Article 26 Safety Programs................................................................................................1949 26.1 Safe Driving Program.........................................................................................1948 26.2 Injury and Illness Prevention PlanOIPP).............................................................2048 Article 27 Driver's License Renewal..................................................................................2049 Article 28 Comprehensive Annual Leave Policy................................................................2049 28.1 CAL Accrual........................................................................................................2049 28.2 Requesting Time Off...........................................................................................2120 28.3 Scheduling..........................................................................................................222-0 28.4 Separation of Employment..................................................................................2324- 28.5 CAL Donations...................................................................................................232-2 28.6 Comprehensive Annual Leave Time Cash Out...................................................2422 Article 29 Bereavement Leave..........................................................................................242-2 Article 30 Leave of Absence under FMLA. CFRA and PDL...............................................2423 30.1 Statement of Policy.............................................................................................2423 30.2 Employee Notice of Leave..................................................................................2523 30.3 Employee Benefits While on Leave....................................................................2523 30.4 Substitution of Paid Accrued Leaves..................................................................2524 30.5 Medical Certification...........................................................................................2624 30.6 Reinstatement upon Return from Leave.............................................................2725 30.7 Required Forms..................................................................................................2825 30.8 Pregnancy Leave................................................................................................2826 30.9 Alternative Parental Leave..................................................................................2827- Article31 Jury Duty...........................................................................................................2927- 31.1 Defining "Practical' Return to Full Duty...............................................................2929 31.2 Supervisor Determination...................................................................................3028 Article 32 Military Leave....................................................................................................3029 Article 33 Leaves of Absence without Pay.........................................................................3029 33.1 Benefits While on Leave without Pay..................................................................3129 33.2 Procedure for Requesting Leave of Absence without Pay...................................3129 33.3 Procedure for Unforeseen Circumstances..........................................................3230 Article 34 Health and Wellness Benefits............................................................................3239 34.1 Health Coverage.................................................................................................3230 34.2 Dental Coverage.................................................................................................3334 34.3 Vision Coverage.................................................................................................3334 34.4 Disability Insurance.............................................................................................3334 34.5 Flexible Spending Account.................................................................................33;� 34.6 Retiree Medical, Dental and Vision Premium Reimbursement............................3334 Article 35 Life Insurance....................................................................................................3533 Article 36 Retirement.........................................................................................................3533 36.1 Tier 3..................................................................................................................3533 36.2 Tier 2..................................................................................................................3533 36.3 Tier 1..................................................................................................................3634 36.4 Survivor Benefits.................................................................................................3634 Article 37 Deferred Compensation....................................................................................3634 Article 38 Late Starts.........................................................................................................3634 Article 39 Rest Periods......................................................................................................3735 Article 40 Hours of Work...................................................................................................3735 40.1 Participation........................................................................................................3735 Article 41 Grievance Procedure.........................................................................................3735 41.1 Grievance...........................................................................................................3836 41.2 Representation...................................................................................................3836 41.3 Grievance Discussion.........................................................................................3836 41.4 Non -Reviewable Grievance................................................................................3836 41.5 Filing of Grievance..............................................................................................3836 41.6 Grievance Time Limits........................................................................................3836 Article 42 Discipline...........................................................................................................3937 Article 43 Alcohol and Drug Policy....................................................................................4442 Article 44 Reduction in Workforce.....................................................................................4442 Article45 Job Actions........................................................................................................4543 Article 46 Reasonable Accommodation of Employees with Disabilities.............................4643 Article 47 Reclassifications................................................................................................4644 47.2 Reclassification Implementation..........................................................................4644 47.1 Reclassification Request Process.......................................................................4744 Article 48 Performing Arts/Theater Staff............................................................................4745 Article 49 Posting of Vacancies.........................................................................................4845 49.1 Internal Only Recruitments..................................................................................4845 49.2 External Recruitments.........................................................................................4846 Article 50 Severability........................................................................................................4846 Article 51 Performance Evaluations...................................................................................4946 Article 52 Personnel Rules and Policies............................................................................4947 Article 53 Notice to Meet and Confer on Policy Changes..................................................4947 Article 54 Reporting Project Employee Hours... .............. mm.mm..mm ...... m..mm..mm ..... m ... m ................. 5047- Appendix A - Represented Classifications for Regular Employees ............................................. 1 AppendixB — Y-Rated Employees............................................................................................. 3 Appendix C — Article 34.6 Employees........................................................................................ 4 vii Foreword The Memorandum of Understanding is made and entered into between the City of Temecula (hereinafter referred to as the "City"), and the designated the California Teamsters Public, Professional, and Medical Employees Union Local 911 (hereinafter referred to as the "Union") of General Employee Unit of the City of Temecula. Preamble It is the purpose of this Memorandum of Understanding (hereinafter referred to as 14PrA ,�r MOU") to promote and provide for harmonious relations, cooperation, and understanding between the City Management representatives and the General employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum. -This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code 3500 et seq.) and has been jointly prepared by the parties. Further, all side letters dated outside of the term of this MOU shall be either incorporated into this MOU, or deemed invalid and unenforceable Article 1 Recoanition The City recognizes California Teamsters Public, Professional, and Medical Employees Union Local 911 (hereinafter referred to as the "Union") as the exclusively recognized labor organization representing authorized, regular employees assigned to job classifications as set forth in Appendix "A" of agreement. —All bargaining unit employees shall be referred to as "regular employees." Article 2 Implementation This Memorandum constitutes a recommendation to be submitted to the City Council subsequent to ratification by Union members. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: The City Council formally acts, by majority vote, to approve and adopt said Memorandum. Article 3 Term The term of this Memorandum shall commence at 12:00 a.m., July 1, 2021, except as expressly provided otherwise in this agreement, when the terms and conditions for its effectiveness, as set forth in Article 2 Implementation, are fully met. This Memorandum shall expire and otherwise be fully terminated at 11:59 p.m., June 30, 2022. Current terms and conditions of work shall remain in full force and effect until such time a successor can be reached or imposed (per Government Code 3500 et. seq.). Article 4 Authorized Aaents For the purpose of administering the terms and provisions of this Memorandum: 4.1_ City's Authorized Agent City's principal authorized agent shall be the City Manager or a duly authorized representative, 41000 Main Street, Temecula, CA 92590, (951) 694-6444, except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. 4.2_ General Employees Authorized Agent General employees authorized representative or the California Teamsters Public, Professional, and Medical Employees Union Local 911 shall be the duly authorized staff representative (Address: 9900 Flower Street, Bellflower, CA 90706 (562) 595 4518) 90706 (562) 595-4518). The Union shall provide a list of authorized representatives (i.e. Union Stewards) to the City upon execution of this Memorandum, and anytime there is a change to that list. Article 5 City Riahts The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions, committees, and boards; set standards of service; to manage the City, schedule working hours; establish, modify or change work schedules or standards; determine the procedures and standards of selection for action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, means and personnel by which operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Article 6 Emr)lovee Riahts Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer - employee relations, including but not limited to wages, hours and other terms and conditions of employment. -Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. -No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by any employee organization because of their exercise of these rights. Article 7 Union Riahts 7.1 Agency Shop This section was stricken as a result of Janus v. AFSCME, Council 31 - 138 S. Ct. 2448 (2018). 7.2 New Hire Notification All new regular employees FepFeSeRted by Teamsters I e^^' °"assigned to non - confidential lob classifications listed in Appendix A shall be informed by the Human Resources Department, at the time of employment, that ^^ A^^^^Y Sh ^ a^reeme^+ a Memorandum of Understanding is in effect for their classification. The Human Resources will provide the regular employee shall be provide 'with a copy of this Memorandum of Understanding and will collect contact information on.a form, mutually developed between the City and the Union, that outlines the employe ^h^'^^^ undefto comply with reporting requirements outlined in AB119. The Human Resources Department will schedule a new hire orientation, which will include Formatted: Normal, Justified, Indent: Left: 0.5" a meeting with a Union steward. Pursuant to AB119, the AgeRGY chop ^^Yeemee* Union will be given a 10-day notice prior to the scheduled orientation. The Union Steward will inform the employee shall he provided 20 raiendar t^.,^ frnm +he tote of hire to vivo+ of their sgeiseoption to loin the Union, provide the employee with the Union membership enrollment form, and pFevide—a signed GOPY of that ahei^e to the F'�^^^^ Cep^•tm^^T.instruct the employee on where to return the membership enrollment form. Within seven (7) working days, the City shall notify the Union of each new regular employee in the bargaining unit, providing the Union the employee's name, classification, date of hire, and pay rate. 7.3 Union Dues Process hire +o fill e„t the Aaeaa., Pee Cie^+:aa Corm a- Rd ra+„m i+ to LJ„maa Rena„r^es wi+hia 20 days of+heir hire date This section was stricken as a result of Janus v. AFSCME, Council 31 - 138 S. Ct. 2448 (2018), and is covered in section 7.2. 7.4 Religious Exemption I I.�riited \v Away Gembined Health AgenA'e6 (CHA) Spedf'A charities that a supported by United Way/GH This section was stricken as a result of Janus v. AFSCME, Council 31 - 138 S. Ct. 2448 (2018). 7.5 Failure to Elect if, after 30 days an employee fails to FnaLe a eleetien and provide the eit y asigned Gepy of the Agency steep A pleyee elestien ferm Human Rese, wrnen ...ill notify the Chief This section was stricken as a result of Janus v. AFSCME, Council 31 - 138 S. Ct. 2448 (2018). 7.6 Union Dues/AgencyFee Collection fees frern all employees who have signed a written autherizatien anll nGopy of that authar'za+,en has been provided to the FinaRGe DenartFRen+ Upon receipt of a signed Union membership enrollment form from the Union, the Human Resources Department shall initiate deduction of union dues from the employee. Employees on leave without pay, or employees who earn a salary less than the union deduction shall not have a union dues or agency fee deduction for that pay period. -For the purposes of this section, leave without pay shall mean that an employee is not receiving any pay in the form of Comprehensive Annual Leave (CAL) time, Compensatory Time, Holiday Pay, or any other type of paid leave benefit such as Workers' Compensation, short-term, or long-term disability payments. The City will notify the Chief S#epUnion Steward, on a naei #*guarterly basis, of any status changes in the bargaining unit. The Union shall notify the City of any agency fee payer who elects to only pay fair share fees, the fee equal to direct representation costs as determined by the Union's certified financial report. -The Union shall notify the City of the amount of the fair share fee to be deducted from the fair share fee payer's paycheck. 7.7 Dues Check Offs The City shall deduct Union dues/n"geRGyfee from the first paycheck of each month and remit to the Union for the duration of this Agreement no later than approximately the 20th of the month. All such monies that employees individually authorize in writing shall comply with appropriate laws and regulations. 7.8 Records On an annual basis, the Union shall provide the Finance Department a copy of the Union's certified financial report as required by Government Code Section 3502.5 (f). The City shall provide the Union a list of all bargaining unit members and dues paying status with each union dues check remitted to the Union. 7.9 Rescission of Agreement The Agency Shop agreement may be rescinded at any time during the term of the Memorandum of Understanding by a majority vote of all the employees in the bargaining unit. -A request for such vote must be supported by a petition containing the signatures of at least thirty (30) percent of the employees in the unit. -The election shall be by secret ballot and conducted by the California State Mediation and Conciliation Service and in accordance with state law. 7.10 Indemnification The Union shall indemnify, defend and hold the City harmless from and against all claims, demands and liabilities and other actions relating to the City's implementation and compliance with this agreement. 7.11 Bargaining Unit Communications The Union shall be provided suitable and adequate space on designated City bulletin boards at reasonable work locations for posting information concerning official Union business and activities. All postings shall contain the date of the posting and the identification of the document as a Union sponsored publication. -All postings shall be done by an authorized Union representative after the following procedure is followed. Procedure A. All posted materials must be approved by the Human Resources Department. B. Posted materials must be dated by Human Resources Department and may be removed by the Human Resources Department and/or the Union after ten (10) calendar days. C. Unauthorized materials may not be posted on City bulletin boards. City Email The Union may utilize the City's e-mail system for bargaining unit communication, with prior Human Resources approval. 7.12 Union Roster The Union shall provide the City, and shall maintain, a current list of the names and all authorized representatives of the General Employee Unit. 7.13 Employee Representatives Four (4) shepsteward-;Union Stewards, along with three (3) alternate c"^^ stewardsUnion Stewards, will be allowed reasonable release time from regularly scheduled duties to attend meet and confer sessions as designated by City Management. -Because of the potential impact on the operation of an individual department, the four (4) shop tewardsUnion Stewards, along with three (3) alternate shop stewardsUnion Stewards, shall not have more than two (2) absent at one time from the same department. Employee representatives shall receive reasonable release time to investigate and present grievances; and attend Union sponsored training with prior approval from the Human Resources Department (training not to exceed more than 2 times per year). The UROOR is to Fneet with the City MaRager at least two (2) times peF yeaF dUFORg the life of this agFeement The City Manager agrees to meet with Union representatives on an as -needed basis, on a mutually agreeable date and time, at a mutually agreeable location. Either party wanting to meet shall make such request in writing. These meetings shall not be used to bypass any meet and confer process already in progress. Article 8 Personnel Files The official personnel file of each employee shall be maintained in the Human Resources Department. -A bargaining unit member and/or a Union representative authorized by the member, in writing, may review or obtain copies of material from the employee's file with the exception of material that includes ratings, reports or records which are obtained prior to the employment of the employee involved. 8.1 Derogatory Material Derogatory written materials (generally written reprimands and disciplinary suspension, excluding performance evaluation) shall be removed from an employee's official file in the Human Resources Department, providing there have been no further occurrences of documented violations, at the employee's request. -Written reprimands are eligible to be removed, after two (2) years and disciplinary suspension after three (3) years if above criteria have been met. -In order for the derogatory written materials to be removed, the Human Resources Department must receive a formal written request from the employee to remove such materials. 8.2 Derogatory Material on File Regular employees shall be provided a copy of any derogatory material that is to be placed in their official file kept within the Human Resources Department. 8.3 Customer/Citizen Letters of Commendation All customer or citizen letters of a positive nature and/or any City commendations, letters of achievements and recognition will be placed in the employee's personnel file, at the employee's request. Article 9 Seniority For the purpose of this Memorandum, "seniority" shall mean a bargaining unit member's total continuous length of employment with the City in a regular, allocated position, based on the employee's most recent hire date. Continuous length of employment shall include actual time worked, authorized leave of absence with or without pay, military leave, family leave and injury leave without pay not to exceed one (1) year. -Except for military leave, a single injury leave above one (1) year will not be counted for purposes of calculating seniority. • —t Formatted: Left, Space After: 0 pt Article 10 Compensation Adjustments Formatted: Font: 10 pt Wages; Effective July 1, 2019, all employees subject to this agreement shall receive a Cost of .._..._ Formatted: Font: Anal,11 pt Living Adjustment equivalent to the lower of either the percentage change of the Aanuaj CPI for Urban and Clerical `^ FsWorkers for Los Angeles,Riverside @Rd OraRge GOURties San Bernardino -Ontario. CA for GaIeR aF year 20 ° asJanuary 2019 compared to 244"January 2018, or 3%. If the CPI comparison is negative, the Cost of Living Adjustment shall be 0%. The HR Department shall notify employees as soon as practicable in 2019 as to what the wage increase will be in 2019. ._ ....... Formatted: Font: 10 pt 10.1 Longevity Compensation �.... _... Formatted: Font: 10 pt Upon completion of ten (10) years of City Service, represented employees will receive a• - Formatted: Tab stops: -1", Left+ -0.5", Left+ o", Left + one (1) time lump sum Longevity Bonus of $350. 0.5", Left + 6.5", Right Upon completion of 15 years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $500, Formatted: Font: Not Bold Upon completion of 20 years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $750. Upon completion of 25 years of City Service, represented employees will receive a one- Formatted: Justified, Tab stops: -1", Left + -0.5", Left + 1 (1) time lump sum Longevity Bonus of $1,000. 0", Left + 0.5", Left + 6.5", Right ............. ........ Formatted: Font: 10 pt 10.2 Special Merit Pay --- Formatted: Font: 10 pt In an effort to recognize and reward sustained superior performance, the City will provide4 Formatted: Tab stops: -1", Left + -0.5", Left a Special Merit Pay Program to eligible regular employees. 0.5% Left + 6.5", Right All regular employees will be eligible for $500 in Special Merit Pay, on their service anniversary date, if they have a rating of "commendable or outstanding" on three (3) out of their last five (5) annual evaluations. The overall rating category will be used to determine eligibility. The overall rating needs to be commendable or outstanding including + or —. Combination ratings such as Typically Meets/Commendable (T/C) will not be counted as an eligible rating but a combination of Commendable/Outstanding will qualify. Should there be a change to the rating categories as a result of revisions to the City's Performance Evaluation format, the City agrees to meet and confer to discuss needed adjustments to Article 10.2. • Formatted: Indent: Left: 0.5", Tab stops: -1", Left + -0.5", If a regular employee's annual evaluation is 90 days overdue and they are eligible for• - .. Left + 0", Left + 0.5", Left + 6.5", Right Special Merit Pay, a rating of "commendable or outstanding" will be required on only two Formatted: Tab stops: -1", Left + -0.5", Left (2) out of the employee's last four (4) annual evaluations. The Special Merit Pay will be 0.5", Left + 6.5", Right paid to an eligible employee as soon as practicable following the 90 =day period. - - - Formatted: Font: 10 pt 10.3 Bilingual Pay -- Formatted: Font: 10 pt Regular employees who have demonstrated the ability, by passing an annual City ----- Formatted: Tab stops: -1", Left+ -0.5", Left + o", Left + administered test, to translate both written and spoken Spanish, will receive $50 per pay 0.5", Left + 6.5", Right period for bilingual compensation. ' Formatted: Indent: Left: 0.5", Tab stops: -1", Left + -0.5", This bilingual compensation is provided as an incentive to recruit and retain bilingual' ..,. Left+ 0",Left + 0.5",Left + 6.5°,Right employees in order to ensure that the City provides quality customer service to residents. �ormatted: Tab stops: -1", Left + -0.5", Left + o°, Left + ., 0.5", Left + 6.5", Right For the purpose of this policy, the City will provide bilingual compensation to a maximum' . (Formatted: Indent: Left: 0.5", Tab stops: -1", Left + -0.5", of two (2) regular employees in each operating department. If more than two (2) Left+ 0",Left+ 0.5",Left+ 6.5°,Right employees are eligible, actual compensation will be awarded based on the two (2) highest Formatted: Tab stops: -P, Left + -0.5", Left + o", Left + scores on the annual City administered test. Based on service level needs, the number 0.5", Left + 6.5", Right of eligible employees can be modified by the City Manager or designee, to meet the City's needs. ........... (Formatted: Font: 10 pt 10.4 Notary Pay ` "'' [Formatted: Space After: 0 pt, Widow/Orphan control, Don't1 keep with next J The City will provide $25.00 per pay period to employees who maintain a public notary' and who are designated by the City as a Public Notary. Formatted: Tab stops: -1", Left + -0.5", Left + o", Left + s', Left + 6.5", Right ..._.... [Formatted: Font: 10 pt 10.5 PERS Reportability ..... .......... ........... .......... ............. ............. ............ ............... ............ .._.Formatted: Font: 10 pt The City makes no representation as to whether any of the compensation or payments in �Formatted: Tab stops: -1", Left + -0.5", Left this Agreement are subject to CalPERS service credit or pensionable income. l 0.5", Left + 6.5", Right Employees/Union expressly acknowledge that any determination by CalPERS to not fully credit the compensation and/or service time provided under this Agreement is not a proper basis on which to void the Agreement. Employees/Union further acknowledge that they will not pursue any claim or action against the City related to any determination made by CalPERS in connection with this Agreement. Article 11 Holiday Pav 11.1 Assigned Schedule for Holiday Pay Based upon the eligible employee's assigned schedule, they will receive holiday pay for eight (8), or nine (9), or ten (10) hours, depending on the employee's work schedule for the applicable City observed holiday, 11.2 Pro -Rated Holiday Pay Regular part-time employees receive holiday pay on a pro -rated basis based on the employee's assigned work schedule. 11.3 Scheduled to Work a Holiday Work on a holiday: -if a RegularNon non-exempt Emp employee is required to work on a holiday, then that employee will be paid for the actual hours of work at the rate of one and one half times that employee's regular rate. -In addition, the employee will be paid holiday pay in accordance with the above plus shift differential (Article 18). -Those employees on stand-by status, who work on a City holiday, should be compensated as outlined in Article 17 (Stand-by Pay). 11.4 Work Plan for Holiday Pay on Employee's Scheduled Day Off Work PlaR Holiday on Fmployee's Scheduled Day nff• If a holiday occurs on an employee's scheduled day off, the employee will receive holiday pay in the amount of eight (8), nine (9), or ten (10) hour increments, as applicable, preceding the observed holiday. Article 12 City Holidays Regular employees receive a total of 12 City holidays each calendar year. -The City observes the following 11 fixed holidays: New Year's Day Martin Luther King, Jr. Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Day % day — Christmas Eve Afternoon Christmas Day '/2 day — New Year's Eve Afternoon Observance:- holidays which fall on a Saturday will normally be observed on the preceding Friday, holidays which fall on a Sunday will normally be observed on the following Monday. -The City Manager will determine the actual dates on which holidays will be observed each year.- In the case of the'/z day holiday observances, City facilities will be closed to the public at noon. Either an eight (8), nine (9), or ten (10) hour floating holiday is provided at the beginning of each fiscal year depending on the employee's assigned work plan. -The floating holiday hours will be pro -rated at the time of hire. -When using a floating holiday, employee must use the hours in one block. -The floating holiday cannot be used to make up time for being short time during a regular workday. -The floating holiday needs to be treated as a regular City observed holiday.- The floating holiday may not be carried over year to year and cannot be cashed out at the end of a fiscal year. Floating holidays must be SGheduledin ate' ^^ce. Employees shall submit, to the' , denied, empleyees aFe allowed to take the holiday at a mutually pally agreed to later date Eligibility: -regular employees who are on paid status (i.e.: receiving regular wages or using a paid time off such as CAL or comp time) for their entire regular work shifts immediately prior to and immediately following the holiday will be paid for the holiday. Partial wage replacement such as Workers' Compensation, or short-term, and long-term disability payments shall be considered paid status for the purpose of eligibility. Article 13 Overtime With the exception of Article 13.6, Article 13 applies to non-exempt, regular employees. The City shall comply with the Fair Labor Standards Act. All employees required to perform in excess of 40 hours in a workweek, as defined in Sections 13.1 and 13.2, shall receive compensation at the rate of time and one-half of the employee's regular rate of pay for hours worked in excess of 40 hours. All employees required to perform work in excess of 12 hours in a workday shall receive compensation at the rate of double the time of the employee's regular rate of pay for those hours in excess of 12 hours. (Note: Performing Arts/Theater Staff should refer t In determining a regular employee's eligibility for overtime, paid and unpaid time off, as listed below, shall be excluded from the total hours worked. -Also excluded are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. -Paid time off includes, but is not limited to, the following: A. Unscheduled Comprehensive Annual Leave B. Unscheduled Compensatory Time C. Administrative Leave D. Jury Duty E. Bereavement Leave F. Military Leave There shall be no pyramiding of overtime, except for shift differential pay, as outlined in Article 18. Time worked shall be computed by rounding to the nearest 15 minute increment. -As defined, if less than 7 minutes are worked then time worked will be rounded down and if the employee works between 7 and 15 minutes, then time worked will be rounded up. -Employees may elect to receive compensation or bank the overtime hours in accordance with Article 157-_(Compensatory Time. In addition, the following provisions apply: 13.1 5/40 and 4/10 Workweek Workweek defined: for the purpose of computing overtime, the workweek for regular employees who work the 5/40 or 4/10 schedule is a seven (7) day period beginning at 12:01 a.m. on each Saturday and ending at midnight on each Friday. 13.2 9/80 Workweek Workweek defined: for the purpose of computing overtime, the workweek for regular employees who work the 9/80 schedule is a seven (7) day period beginning exactly four hours after the start time of the regular employee's work schedule on the day of the week the employee is scheduled to work eight (8) hours. 13.3 Time Worked Time worked:- for purposes of this policy, hours worked include only those hours in which the regular employee performs services authorized by the City. 13.4 Called Back to Work A regular employee who is called back to work following the end of their regularly scheduled work shift and proceeds to work more than five (5) consecutive overtime hours shall then be entitled to an eight (8) hour rest period without compensation, upon completion of the assignment and upon leaving the duty station. If the eight (8) hour rest period extends into the employee's next regularly scheduled work shift, the employee shall suffer no loss of pay or accrued leave as a result thereof. As is 10 practical, employees who have earned a rest period shall be relieved at the start of their regular work shift in order to take such rest period. 13.5 Assignments Overtime assignments will be offered through an equitable process. -Assignments for scheduled events will first be offered to volunteer(s).-Assignments for unscheduled events will be issued based upon qualifications, experience, and resources needed. 13.6 Administrative Leave Bargaining unit employees designated as exempt under the Fair Labor Standards Act (FLSA) shall be afforded 40 hours of Administrative Leave annually as an offset for not being able to earn overtime. Compensatory Time, Call -Out pay, Stand -By pay, or Shift Differential pay. Administrative leave will be provided at the beginning of each fiscal year and must be taken during the fiscal year that it is acquired. -If this leave is not taken during the year it is acquired, it will be cashed out with the CAL cash out pay period in June. Article 14 Overtime Authorization This Article applies to non-exempt regular employees. No regular employee shall work overtime unless the working of overtime hours has been specifically authorized in advance, if possible, by the employee's supervisor. Violations of this article can result in disciplinary actions pursuant to Article 42 (Discipline) and the City's Disciplinary Policy. Article 15 Compensatory Time This Article applies to non-exempt regular employees. In lieu of receiving overtime pay pursuant to Article 13 (Overtime) and Article 14 (Overtime Authorization) a regular employee may elect, to receive compensatory time off on a time and one- half basis for each hour worked. Compensatory Tome Of is considered perm ssve leave. In addition, the following shall apply regulating the usage of compensatory time off: 15.1 Accrual No regular employee shall accrue more than 80 hours of compensatory time. 15.2 Time Used for Leave Compensatory Time may be used for leave subject to scheduling in accordance with Article 28 (Comprehensive Annual Leave) of this M.O.U. 15.3 Cash Out All compensatory time that is available to a regular employee will be cashed out, at full value, and given to the employee in a pay period between November 15 and December m 10. —The compensatory time cash out will be paid out on a separate check.- Under sole discretion of the City Manager, employees may carryover a maximum of 80 hours of Compensatory Time that would need to be used within 60 days. —Requests to carry over Compensatory Time shall be made in writing to the Human Resources Department by November 11 Article 16 Call -Out Policy This Article applies to non-exempt regular employees Call -out duty applies to all regular employees and occurs when any City employee is required to perform services not in conjunction with a regularly scheduled work shift. -For the purpose of this policy, there are two types of call -out. -The first is when an employee is required to physically leave their residence and report to duty. -This is termed, a response call -out.- The second type of call -out is termed a non -response call -out and occurs when an employee is contacted remotely and can resolve the problem without having to physically leave their residence and report to work. Regular employees who are designated as on stand-by status when called out will be compensated from the time they leave their residence to the time that they return to their residence. -Employees who are not designated on stand-by status and are called out will receive compensation for the time they leave their residence to the time that they leave the duty station. Regular employees who have a response call -out will be credited with all hours worked; with a minimum of three (3) hours, including travel time, at one and one-half times the regular (non - overtime) rate of pay. An addition, call -out Pay will be paid to employees and cannot be included in any Comp Time bank. Regular employees who have a non -response call -out will be compensated at one (1) hour of time and one-half, if the non -response call -out occurs between 6:31 a.m. and 12 midnight. -If the non -response call -out occurs between 12:01 a.m. and 6:30 a.m., the employee will be compensated at two (2) hours of one and one-half times regular (non -overtime) rate of pay. -If applicable, employees are subject to the provisions of Article 13 (Overtime) regarding rest periods during call -out situations. Article 17 Stand -By Pay This Article applies to non-exempt regular employees. In any situation where a regular employee has been in a designated "stand-by" status and is to remain on -call, the employee shall be compensated at the rate of $230 for each seven (7) day stand-by period or pro -rated on a daily basis ($32.86/day). -Employees who are designated as on stand-by status when called out will be compensated from the time they leave their residence to the time that they return to their residence. -Employees may also be designated on stand-by status for individual days and stand-by status can be applied to any regular employee. Compensation for daily stand-by pay will be computed at 1/7 of the weekly amount described above. Assignments for stand-by duty will be scheduled on a rotational basis. -This 7-day stand-by period includes designated weekdays off that are part of an alternative Work Plan, as well as weekends and holidays. —If applicable, regular employees are subject to the provisions of Article 13 (Overtime) regarding rest periods during stand-by situations. 12 Regular employees on stand-by status shall be required, at all times, to carry a functioning, City provided cell phone and be able to respond within 15 minutes of being contacted. -Upon responding, the employee must give an estimated response time to the caller.- In addition, employees are expected to maintain a level of fitness for duty that is required for your normal work schedule. Regular employees designated as stand-by on a City holiday will receive an additional $50 for that day. A: Substitution of stand-by duty: -Supervisor must approve all substitutions.- There are two (2) types of substitutions related to stand by duty, as follows: Straight Substitution:- Employee may request co-worker substitution, subject to approval of supervisor with minimum of 48 hours' notice. Substitutions shall not be assigned between employees. In this instance, the supervisor will, to the extent possible, solicit and assign volunteers through a lottery system. Emergency Substitution: -In an emergency situation (employee or City related), or with less than 48 hours prior notice, your supervisor shall assign a qualified substitute, (including additional employees) to provide standby coverage. -In both instances above the substituting employee will receive the appropriate daily rate of 1/7 of weekly amount described above for each standby duty day. 17.1 Rotation of Storm -Watch Crews As regular employees of the public sector, all City employees are designated as Disaster Service Workers by the California Government Code. -In association with this designation, the Public Works Maintenance Superintendent, or their designee, may implement a Storm - Watch Schedule to protect public interests in the event that existing or impending weather conditions and/or reports indicate the potential for flooding or other severe storm related problems exist. 17.2 Rotation of Banner Installation/Removal Crews Pursuant to a quarterly schedule prepared by the Ma nteRanGe SuperintendentPublic Works Management, the Public Works Maintenance Division employees may be assigned to Banner Installation/Removal Crews for special event purposes throughout the year. Article 18 Shift Differential Pay This Article applies to non-exempt regular employees Regular employees are eligible to receive a 5% shift differential (above their appropriate rate of pay) for all hours worked on Sundays, holidays#_nd the hours worked between 10 p.m. and 6 a.m. Any overtime worked on Sundays, holidays, and the hours between 10 p.m. and 6 a.m. will be based on the shift differential overtime rate. -During the term of this agreement, shift differential will be provided to traffic signal staff for all work conducted on Saturdays. -The City reserves the right to change how responses are handled relative to traffic signal service needs on weekends. 13 Regular employees are eligible to receive a 5% split shift differential (above their appropriate rate of pay) for all hours worked in a 8-, 9- or 10-hour day where their regularly scheduled shift is split into segments with two hours or more between segments. Article 19 City Uniforms City uniforms provide easy identification for customers and the public, a professional appearance, and a convenience for City employees. Each field employee in Fire, Community Development, Public Works, and Community Services is responsible for wearing a City furnished uniform at all times while performing City -related work. 19.1 Uniforms The City shall provide designated field employees with uniforms. -The uniforms consist of shirts and pants.- Departments will annually provide a minimum of five (5) City staff shirts (style determined by individual departments) to field employees in Fire, Community Development, Public Works, and Community Services. —Department Directors may authorize additional City provided shirts based upon operational needs.- In lieu of uniform pants and at the employee's request, jeans will be provided to field employees through the City's uniform company. 19.2 Care of Uniforms The City shall provide laundry service for the uniforms. Each field employee shall take proper care of uniforms and maintain high standards of personal grooming and neatness. -Hair, jewelry and accessories must not impede the safe and efficient execution of #k eirassigned duties. 19.3 Wearing of Uniforms A uniform, or any part of it, shall be worn only during working hours and while traveling hptwp^^^to and from work and nrnp.. City uniforms shall,^^'may only be worn outside of werkingwork hours unless authp-Oze -by4he with department authorization. 19.4 Uniform Replacement The City will determine the need for, and timing of, employee's uniform replacement. 19.5 Safety Equipment The City provides each field employee with appropriate safety equipment, as determined by each supervisor. 19.6 Safety Boots/Shoes Allowance Safety boots or shoes, as determined by the City, shall be worn with the uniform. Ord inariiyOrdinary tennis shoes, sandals, etc., are not permitted without specific department approval for safety reasons. ThisThe safety boot/shoes allowance is $175. TheFor designated staff, the boot allowance will be paid in the first full pay period of July. 14 Regular employees receiving the boot allowance must wear boots that are appropriate for their duties and said boots must be maintained in a good/safe condition. 19.7 Additional Boot Allowance If field staff require specialized boots or have unusual wear and tear because of work functions (special needs shall be supported with a formal request and appropriate documentation to the supervisor for approval) additional boot allowance may be provided at the discretion of the Department Director. 19.8 Clothing Allowance Regular employees in the classification of Building Inspectors, Landscape Inspectors, Public Works Inspectors, Code Enforcement Officers, and Fire Inspectors, are eligible for an annual clothing allowance of $125. -This allowance is intended to cover the cost of replacing clothes due to field hazards and normal wear and tear. -In addition, all field employees are required to wear collared shirts, presentable work pants and applicable safety shoes. The clothing allowance will be given in the first full pay period of July. Article 20 Temporary Upgrade Assignment As a result of vacancies, leaves of absence or other reasons, it may be necessary to temporarily reassign the duties of an authorized position to another employee. -When such assignments require the employee to assume significant additional duties, which are outside the scope of the employee's regular assignment, it is appropriate to adjust the employee's salary to reflect the interim changes. -This policy allows the City to temporarily upgrade the affected employee. -It shall beis the responsibility of the Department Director to notify Human Resources Department, in writing, to implement the temporary upgrade for any affected employee. -Human Resources will, in turn, notify the union when a temporary upgrade is initiated and/or terminated. With the approval of the City Manager, an employee may be temporarily appointed to a higher level classification to perform additional duties, on an interim basis, provided that all the following criteria are satisfied: A. The higher level position is vacant and is approved by the City Manager for new or continued staffing, B. The duties of the higher level position are outside of the scope of the employee's current classification, as determined by the City Manager, or -a designee, C. The vacancy is expected to continue for at least 15 business days, but not longer than one (1) calendar year, and, D. The employee possesses the minimum qualifications or the requisite knowledge, skills and abilities to perform the work of the higher classification. Salary:- the salary of an employee in a Temporary Upgrade Assignment shall be increased between 5% and 10% for the period of the temporary assignment, or to the first step in the range of the temporary classification, whichever is greater. If an employee is performing duties of a non - represented management classification as part of the Temperar temporary upgrade, the employee's salary shall be increased by approximately 10%, or to the first step in the range of the temporary classification, whichever is greater, and shall be subject to the FLSA designation (i.e. exempt vs. non-exempt) of the management position. Employees who are non-exempt, but assume an exempt Temporary Upgrade pesitfenAssignment shall accrue 15 Administrative/Executive Leave on a pro -rated basis as ^^^s's+^,,. ,.dfh the ^^^r al assigned to the ^ ed Glassaf atiOR ;n the nn.,nagerReRt GernpeRsation ol^. . If a position is created (i.e. a classification does not already exist) for a Temporary Upgrade Assignment, the range shall be set at the lowest range found in the Classification Level in the Classification Structure following an internal assessment justifying said placement. The difference between an employee's usual pay and temporary upgrade pay will only be reported to CalPERS as income to the extent permissible by law. Human Resources will provide copies of, and/or citations to, the applicable law(s) upon request of the employee. The City Manager, or a designee, shall establish the effective dates of a Temporary Upgrade Assignment. -In addition, the employee assigned to perform the duties of a higher classification shall not serve for more than 180 calendar days in a higher classification unless the vacancy is ongoing due to extenuating circumstances and approved by the City Manager. In the event an employee serves in a Temporary Upgrade Assignment for more than 1-year, the employee will be eligible for a review evaluating their performance in the temporary upgraded assignment. A compensation increase may be granted as a result of this review if the employee is not at the top step of the upgraded assignment salary range. -Consistent with the temporary upgrade assignment, any compensation increase associated with an annual review will also expire upon completion of the temporary upgrade assignment. Article 21 Out -of -Classification Pay Employees may be assigned to perform a portion of the duties of a position in a higher classification on a temporary basis. Such assignments shall be termed "out of classification" or "out -of -class" work. Out -of -class work is only subject to out -of -class compensation when aRethe employee is assigned by Employee's Department Head, or reereby such person designated by Department Head, to perform work of the Q alifi^^"^^ ^rife-•'^ helevV Fe me-' higher iob classification. A vacancy is not required to qualify for out -of -class Day. It is understood that, from time to time, a Department Director may assign a temporary project or task to an employee which requires a higher level of responsibility, knowledge, skills, and/or abilities than is outlined in his/her current Classification Specification. It is recognized that the infrequent assigning of such project or tasks is meant to be non -habitual and does not constitute out of classification work subject to reclassification studies rop cess as outlined in Article 47- (Reclassifications). 21.1 Compensation City agrees to compensate Employees, at that certain step in the salary range of the higher classification which generates an increase above the employee's current salary of not less than five percent (5%). 21. IQua siGatio�'^n Te qualify fee ..,h of ^Inns n Empl..yee must be ^ ed by Empl.., ee's f1epa Ftment Head or by sueh person designated by Department Head, to peFfOrFn work of a higher job ^'tee Employee shall be compensated on an hour -for -hour basis for out -of -class work for each instance where out -of -class work is assigned. Although ^ YaGanGy'n no 21.2 Length of Out of Class Assignment 16 Employees shall not remain in out -of -class pay for more than 180 cumulative calendar days per assignment. 21.3 Voluntary Out -of -Class Work Exclusion It is understood that in an effort to assist Employees in obtaining experience or training for future promotional opportunities, Employees may from time to time volunteer to perform the duties of a higher job classification. Such voluntary performance on the part of employees shall not be eligible for compensation as out -of -class pay. 21.4 Submission of Out -of -Class Work Out -of -classification work must be reported on the timesheet that corresponds with the pay period it was worked. Under no circumstances shall compensation for out -of - classification work be issued more than ninety (90) days retroactively, unless previously approved by the City Manager. Article 22 Probationary Periods All appointments, excluding promotional appointments, shall be subject to a probationary period of not less than one (1) year of full tone employment in the position.- An employee on their original probation shall receive an evaluation at three (3) months, six (6) months and nine (9) months. The City can extend probation for a maximum of six (6) months.- Employees will successfully pass probation if no extension is implemented and if no evaluation is provided by the last day of the probationary period. -Passing probation is also not contingent on an employee receiving a probationary evaluation on time. 22.1 Promotional and Transfer Probation Promotional and transfer probationary appointments shall be subject to a probationary period of not less than six (6) months of fi-11 timirnp employment in the position.- During the probation period, the employee may be rejected at any time regardless of service without the right of a hearing or appeal. -Any employee rejected during a promotional probation to which they have been promoted shall be reinstated to a position in the class from which they were promoted unless they were discharged for cause from the City. Article 23 Eliaibility for Merit Increases Each probationary or regular employee will be considered for, but is not guaranteed, for -a merit adjustment annually at their regular or adjusted aRR versar pp rformance evaluation date. -Merit adjustments (basedUPOR erfer.,.aFlGe and the P0li, as stated in the PeFf r...anGe Evaluation. and rOMPeRsat'OR SySteFR PEAG&) may be denied, deferred for future consideration, or granted at .5, 1, or 1.5 step intervals, at the Department Director's discretion and subject to City Manager's approval. IR addition, during the life of this agreement, supervisors and managers shall con aRRual a al atien meetiRgS wifhiR 30 days of the a pleyee's y date During the life of this agreement, supervisors and managers shall conduct performance evaluation meetings within 30 days of the employee's performance evaluation due date. Regular and Promotional Probationary employees are eligible for merit adjustments at or near the completion of their one (1) year of continuous service in their current position and a}th^ 17 employee's^' ^ '^'^annually thereafter, provided that the employee is not a Y Rated employee has not changed positions, or is not at the maximum rate for their salary range Approved merit adjustments will be retroactive to the official evaluation due date. Article 24 Tuition Reimbursement When a regular employee is ready to enroll in courses and receive tuition reimbursement, the employee must receive supervisor pre -approval for the tuition reimbursement. -If approved, the supervisor shall submit a pre -approval form to Human Resources for consideration.— As a condition of being reimbursed, the employee will agree to continue employment with the City for one (1) year beyond the date of the receipt of the reimbursement. -If the employee leaves the City, the amount of the reimbursement will be due to the City.- Reimbursement is limited to no more than $1,200 for training or educational expenses in any one (1) fiscal year. -Additional funds may be approved on appeal to the City Manager. 24.1 Required Educational or Training Courses Any educational or training course that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City. Any other educational or training course that is job related shall, if prior approval for reimbursement is given by the City Manager or a designee, be reimbursed 100% after successful completion. -All college or other graded classes shall require a minimum grade of a "C" in order to receive such reimbursement. -Books or other materials shall only be paid for if some defined benefit can be shown to the City (i.e. books become part of the City reference library). Once the employee has received their official course grade, they then attach appropriate receipts and proof of grades to the City's Tuition Reimbursement form, complete the employee portion, have their Supervisor/Department Director complete their portion and submit the completed packet to Human Resources Department. -Once reviewed and approved by Human Resources, the approved packet is submitted to the Department of Finance for processing. -The employee will receive their approved tuition reimbursement amount on the next pay period. 24.2 Training Time In general, training time during working hours shall be considered part of employment. Non -mandatory training after hours shall be considered voluntary, and no additional pay, overtime or compensatory time shall be given by the City, unless advanced special written approval is granted. -Study time shall be considered completely voluntary. 24.3 Reimbursement Although the City applauds employees for their efforts in pursuit of additional education, the City shall not pay for educational degrees or for education in general, but will only reimburse employees for required or job -related classes and training. -No reimbursement shall occur if an educational class does not provide a benefit to the City.- The only exception to this is the City will reimburse employees for three (3) general education classes, as long as the classes are a part of a degree or certificate program. -These three (3) classes must be approved, in advance, as required by this policy. -There is no mileage reimbursement for travel to and from educational classes.- Required forms must be completed and necessary documentation (receipts and grades) must be provided, in order to receive reimbursement. -Final and conclusive determinations of the reimbursement 18 amount shall be made by the City Manager after review of the request and recommendations by the Department Director and the Director of Human Resources Adrn nistrater/Risk Management. Article 25 Employee Computer Purchase Program This program allows regular employees to borrow, at no interest, up to $2,000 to purchase a personal computer, iPad, and/or similar "computer tablet" devices, and related accessories with a loan repayment plan of up to 24 months. An employee must show proof of payment (i.e. not simply proof of order), and may only have one loan outstanding under this program at any time. To qualify for the program, employees must be a regular, full tome/patome o..,..l,,. ees employee, and have successfully passed their one (1) yearinitial probationary period. Loans ^^^ be •^^eived- by eithe are made to employees as reimbursement of costs ooar^^'^# payment to vendor (see Employee Computer Purchase Program Administrative Guideline for further details).- Repayment will be made through equal biweekly payroll deductions over a maximum period of up to 24 months. At the time of submittal, employees have the option to request a 12--month loan. -Repayment in full will be accepted at any time, without penalty to the employee.- Loan repayment shall commence within two to four weeks of receiving disbursement. In the event of termination of employment for any reason, the entire unpaid balance shall immediately be due and payable, without notice. Any remaining unpaid balance shall first be deducted from the final paycheck- to the extent allowed by law. In the event the final paycheck is not sufficient to pay off the principal sum, then any resultant balance must be paid, in full, with other resources of the borrower. Article 26 Safety Programs 26.1 _Safe Driving Program Bargaining Unit employees, who are assigned to a to a City vehicle, are eligible to participate in the Safe Driving Award Program. -Employees assigned to pool vehicles do not qualify. -Eligible employees must not have been in any ""preventable"" vehicle accidents during any given full fiscal year. Formatted: Indent: Left: 0.5" An accident is any event involving a City vehicle resulting in or causing personal injury or damage to any person, object, or property in an amount exceeding $150 in total damages. The City Safety Committee will determine whether the accident was "preventable" or "non- preventable"—" if the employee and the City do not agree on the determination of whether an accident was "preventable" or "non -preventable." Formatted: Indent: Left: 0.5" Preventable -- the regular employee failed to do everything possible to prevent the accident, including anticipating the hazard and applying the appropriate defensive driving procedures. Non -Preventable -- the regular employee did everything possible to prevent the accident, including anticipating the hazard and applying the appropriate defensive driving procedures. - - - Formatted: Indent: Left: 0.5" 19 For the period of July 1 through June 30 of each Fiscal Year, qualifying employees who experience no "preventable" accidents will be credited with five (5) additional floating holiday hours as described in Article 12 (City Holidays). These five (5) additional floating holiday hours will be deposited in the first pay period of the subseauent Fiscal Year. The five (5) additional floating holiday hours must be used in one block, and the City Manager (or his/her designee) will pre -approve an afternoon where eligible employees can take the time off together if they choose to participate. All other provisions of Article 12 (City Holidays) shall apply to the use of the five (5) additional floating holiday hours. 26.2_ Injury and Illness Prevention Plan (IIPP) It is the intention of the City of Temecula to maintain a safe and healthy work environment for all employees. -This Injury and Illness Prevention Plan (IIPP) was designed to promote a safe work environment.- To meet this goal, it shall be the policy of the City of Temecula to give precedence to safety above expediency of any operation and to comply with established state laws and City ordinances and standards. -Continued efforts in safety education, field operational review, working condition safety and accident prevention analysis, in conjunction with active participation by supervisors and employees, will ensure a successful Injury and Illness Prevention Plan (IIPP). �.... I - Formatted: Font: Not Bold, No underline Article 27 Driver's License Renewal Formatted: Indent: Left: 0.5" It is the employee's responsibility to carry a valid driver's license when driving a City vehicle or on City business. -For employees in positions that require a California Commercial driver's '',.Genses {license (Class A & B or Class C with a passenger endorsement), renewal requirements, DMV fees, physicals and training are to be paid by the City. Release time: for the purposes of obtaining and/or renewing a Class Commercial Driver's Licenses, pursuant to the scope of responsibilities within their classification specification and upon supervisory approval, employees are provided release time to process paperwork at the DMV. Paid release time shall not be granted if the employee's license has already expired. When an employee is notified by the Department of Motor Vehicles that their Blass ACommercial Driver's License is about to expire, the employee needs to follow the DMV instruction for Class ACommercial Driver's License renewals. -Once the renewal process is completed, proof of the renewal (Medical Examiner Certificate) needs temust be submitted to Human Resources for verification purposes. Article 28 Comprehensive Annual Leave Policy The intent of this policy is to ensure that all employees have an adequate amount of authorized time off each year for rest and relaxation, personal business or personal/family illness.- Regular employees earn Comprehensive Annual Leave from the date of hire. E^=.,,p:eteee28 1 CAL Accrual 20 Regular employees who are paid for less than 80 hours in a pay period will earn' Formatted: Indent: Left: 0.5" Comprehensive Annual Leave credits on a pro -rated basis for that pay period. The CAL accrual rate for FLSA non-exempt employees is as follows: - - Formatted: Indent: First line: 0.5^ Annual Increment Annual Leave (hours) Biweekly Accrual Rate hours/ a eriod Maximum Accumulation hours Hire Date 161 6.192 322 2-4 Years 177 6.808 354 4-6 Years 217 8.346 434 6-8 Years 233 8.962 466 8-10 Years 249 9.577 498 10+ Years 273 10.500 546 15+ Years 273 10.500 658626 The CAL accrual rate for FLSA exempt employees is as follows: I Formatted: Indent: First line: 0.5° Annual Increment Annual Leave (hours) Biweekly Accrual Rate (hours/paperiod Maximum Accumulation hours Hire Date 177 6.808 354 2-4 Years 193 7.423 386 4-6 Years 233 8.962 466 6-8 Years 249 9.577 498 8-10 Years 265 10.192 530 10+ Years 289 11.115 578 15+ Years 289 11.115 658 Annual leave accrual: -annual leave will be earned on a prorated rate each pay period. Formatted: Indent: First line: 0.5^ Maximum balance:— The maximum accrued unused Comprehensive Annual Leave' Formatted: Indent: Left: 0.5" accumulation, which an employee may have at any one time, is two (2) times the employee's annual accrual. -Employees with 15 or more years of service may accrue up to a maximum of two (2) times the employee's annual accrual, plus 80 hours. However, the City Manager may grant an employee, on a case by case basis, the ability- -- Formatted: Indent. Left: 0.5" to accrue annual leave above two (2) times the annual accrual limit for good cause shown. 28.2 Requesting'0^�.,e ma'a Off Formatted: No underline A leave request form is to be submitted by the employee and approved by the employee's - Formatted: Indent. Left: 0.5" supervisor prior to the leave commencing. -In the event of an unforeseen absence, the employee shall contact their immediate supervisor or representative as directed by the Department Director within 30 minutes of the start of their normal scheduled shift. -If a regular employee requests specific days off at least six weeks in advance, and if that request is otherwise proper under this Article, that time shall be considered locked and cannot be displaced by a non -regular employee seeking to take the same time off. 21 ztf.,5 Scheduling�i - Formatted: No underline The scheduling of Comprehensive Annual Leave shall be determined by the employee's- - Formatted: Indent: Left: 0.5" supervisor based upon: -first, the needs of the City; second, the employee's request; and then seniority.- Departments will determine a schedule as to when they will route their departmental vacation calendar. -Employees with greater seniority within the department will be given the first opportunity to select their vacation. -If after the needs of the City and the employee's request have been taken into consideration, and two (2) employees have requested the same period of time off, which will cause a staffing conflict within the same job area or function, seniority will be used as the determining factor as to who will receive the requested time off. -However, if the same staffing conflict arises the following year, and seniority was used as the basis for resolving that conflict in the previous year, the employee granted that time off in question the previous year will not be granted the same period of time off in the subsequent year only. A leave request form needs to be submitted by the regular employee and approved by the-- - Formatted: Indent: Left: 0s° employee's supervisor prior to the leave commencing. -Scheduled CAL Leave needs to be approved 48 hours in advance by the employee's supervisor.- If a CAL Leave request is submitted less than 48 hours in advance, the supervisor is under no obligation to approve the CAL Leave request. -Supervisors shall return the time off request form to the employee, with their signature approval, within a reasonable time which is outlined in the policy below. -The supervisor is encouraged to make their decision within 24 hours of the request; however, in the event that additional time is needed, this decision should be generally made within five (5) business days. —If the request is submitted less than 48 hours prior to the specified time off, the supervisor will be under no compulsion to approve the request based on the MOU language. -The above noted turnaround time for this approval is also important when considering an employee's request for multiple time -off requests over the course of a year. The MOU and current City policy do not require an employee to have a designated number- Formatted: Indent: Left: 0.5^ of CAL hours available in order to take scheduled time off. -However, the employee must have enough hours in their CAL Leave bank to cover their leave request, before the scheduled leave commences. -If there are insufficient CAL hours in the employee's bank when the scheduled time off is about to commence, the supervisor may use their authority to cancel the abovementioned scheduled time off. If the requested leave is relating to a personal issue, the employee has the option of stating- - Formatted: Indent: Left: 0.5" "personal" for the reason and the supervisor need not ask for a more detailed explanation. The supervisor can offer the City's Employee Assistance Program (EAP) if deemed appropriate. Mana,.o. eRt Gan e The City strongly ea6e6Ir-ag-eencourages that eealh- Formatted: Indent: Left: 0.5" employees keep a "safe" number of available CAL hours OR the beeks-in-the case of unforeseen needs or to satisfy the time needed to get through a disability elimination period, illness or personal leave. y,- -- - LegitimatePrior authorized leave of absences such as workers' , com ensationdisability - Formatted: Indent: Left: 0.5" or extended illness should not be factored in when approving/disapproving time -off requests. In addition, the City encourages communication between employees and the4—,upePAsoF4 Formatted: Indent: Left: 0.5" and Mesignated supervisors. It is acceptable forthe employee and4- supervisorto agree 22 on a conditional approval of vacation time and that the terms of this conditional approval are documented on the Leave Form. In lieu of a -Article 41 Grievance Procedure (A� rtiGle 41), any disputes that arise out of the- Formatted: Indent: Left: 0.5" scheduling of CAL time, will be handled by Human Resources Department. -The determination of Human Resources will be final and no formal grievance may be filed in CAL scheduling. Holidays during Comprehensive Annual Leave: -City holidays which occur during an- - Formatted: Indent: Left: 0s^ employee's Comprehensive Annual Leave are not deducted from Comprehensive Annual Leave balance. 28.4 Separation of employment: upeaEM212yrnent Upon separation from employment from the City, an employee shall be entitled to cash out theirs remaining Comprehensive Annual Leave balance at their regular, non - overtime rate of pay. An employee may run out their remaining Comprehensive Annual Leave balance in lieu of a cash out (i.e. terminal leave) if the employee provides a minimum notice of 45 calendar days before the terminal leave commences. In cases with extraordinary circumstances, terminal leave requested with less than 45 calendar days' notice +sare subject to approval by the City Manager at hi- s/he rthe sole discretion- of the City Manager. In all instances, written notice of separation from employment shall: 1) include the final- — Formatted: Indent: Left: 0.5" date of employment; 2) be final and irrevocable; and, 3) may be accepted by the employee's supervisor, manager, director, or anyepe--i4-the Human Resources Department. An employee on terminal leave who engages in work without prior approval from their Department Director will be separated from employment immediately. 28 1 Catastrophic Leave5 CAL Donations Upen approval by kn employee may request the City nn^.,ager, ^. designee, ^ ploy^^^ may ^mate ^ ^use of 16 heUFS (of "^ heidrs '^CAL donations in deRating employee's CAI bank) to ^ ^^ warker extraordinary situations or if in the event of a medical ernergeReyhardship to the employee or an immediate family member of the employee. 4Refer to Article 29-_(Bereavement Leave;) for definition of family member+, A "medical ernergeaeyhardship" is defined as a serious medical condition that would require the prolonged absence of the employee from duty and would result in a substantial loss of income to the employee because the employee would have and would be required to exhaust all of their available paid leave. Upon approval from the City Manager, or designee, the employee may use up to a maximum of 160 hours of donated CAL per fiscal year. The City reserves the right to request a doctor 6 Fete t^ vefifyphysician's verification of the medical emergeneycondition. In addition, the City Manager Fnay R his/he. sole Zsgr^t°^^ may appFeve the application of this section t^ pF9Yide extended time eff ;^ addit'^^ to an emplayeeL6is independent of any federal or state mandated protected leave (e.g., FMLA, CFRA, PDL, etc.). Employees may donate a maximum of 16 hours each time CAL donations are requested, however full-time employees must have 120 hours remaining and part time employees must have a proration of 120 hours based on their full- time equivalent allocation on the Schedule of Authorized Positions remaining in their CAL bank after the donation. The City will pool all hours that are donated and employees, who are eligible and approved to use donated CAL hours will receive donations from the pool. —- - Formatted: Indent: Left: 0" 23 The Gity will pool all heyors that are de -Rated and a nleyees who a el'e'hle for the Thom m rlenat'en to 'nd'ywd gal employees is 160 hours per fiscal year. 28.26 Comprehensive Annual Leave Time Cash Out In June, employees may cash out Comprehensive Annual Leave (CAL) time under- - - Formatted: indent: Left: 0.5^ the following criteria: A. May cash out up to a maximum of 120 hours to be taken as taxable wages or - Formatted: Indent: Left: 0s°, Hanging: 0.5" deposited into a pre- or post -tax 457 account. B. Must maintain a balance of 120 hours after cash out is taken. C. Must have taken at least 80 hours of CAL time during the fiscal year The CAL time cash out will be provided by the end of the fiscal year on a separate GheGk . The CAL time cash out pay period will be determined by the City's Finance Department, in accordance with the ending of the fiscal year. The City Manager in his/her sole discretion may allow an employee to cash out CAL time before the end of the fiscal year if the employee is faced with a financial emergency or to avoid losing CAL accrual when the employee is approaching their CAL accrual maximum and the employee's Department Director confirms that taking time off is not an option; however, the employee is still only allowed one cash out per fiscal year as outlined in this section. Article 29 Bereavement Leave The City recognizes the importance of providing employees time off to mourn and take care of any details relating to the death of a member of their immediate family. -Employees may also use CAL time in conjunction with bereavement leave. Regular employees may receive a maximum of three (3) business days for bereavement of an individual who is a member of the employee's immediate family or of other similar relation as determined by the City Manager. -If an employee must travel more than 500 miles, one way, to attend a funeral, the employee is eligible for five (5) business days of bereavement leave. A. For the purposes of this policy, immediate family (including natural, step or in-laws) shall be defined as spouse, registered domestic partner, mother, father, sister, brother, daughter, son, grandchild, and grandparents. B. A leave request form must be completed by the employee and approved by their supervisor. Depending upon circumstances, employees can submit bereavement leave and Comprehensive Annual Leave requests after the employee returns to work. —In addition, the supervisor may require verification that bereavement leave was warranted. Article 30 Leave of Absence under FMLA, CFRA and PDL 30.1 Statement of Policy It is the intent of the City to comply fully with the Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1995 (CFRA). -Nothing in this MOU is 24 intended to restrict employees' rights under these laws.- Unless otherwise provided in this article, "Leave" under this article shall mean leave of absence, including employees' rights and obligations, pursuant to the FMLA and CFRA. Further, employees shall be reasonably accommodated for any disability protected by law (e.g., Americans with Disability Act or "ADA") if the employee requests such accommodation. 30.2 Employee Notice of Leave Although the City recognizes that emergencies arise which may require regular employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days' notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. Such notice may be orally given. If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion adequately cover the position with a substitute. For any foreseeable leave due to a qualifying exigency under the Armed Forces Reserves or National Guard, an employee must provide notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable. 30.3 Employee Benefits While on Leave Leave -finder this P910GY OS 61RP@id. While on leave, employees will continue to be covered by the City of Temecula group health insurance to the same extent that coverage is provided while the employee is on the job. Employees shall be responsible for the continuation of City of Temecula provided health care insurance premiums if on a Leave for more than the 12 weeks specified by the law. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee to leave, or because of circumstances beyond the employee's control. The City shall have the right to recover premiums through deduction from any sums due to the City (e.g. unpaid wages, vacation pay, etc.). Regular employees shall retain the status of employee while on Leave. However, a Leave used in conjunction with any other FMLA leave of absences, which exceeds 24 weeks, shall result in an adjustment to the employee's Comprehensive Annual Leave and salary review date. 30.4 Substitution of Paid Accrued Leaves While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurrently use paid accrued leaves after requesting leave for medical or family care. 25 A. Employee's Right to Use Paid Accrued Leaves Concurrently with Leave for Medical or Family Care. Where an employee has earned or accrued paid CAL time, administrative leave, or compensatory time, that paid leave may be used concurrently for all or part of any (otherwise) unpaid leave under this policy. Use of CAL time does not extend the leave beyond the 12 weeks specified by law. B. City's Right to Require an Employee to Use Paid Leave When Using Leave for Medical or Family Care Employees may exhaust their accrued leaves concurrently with FMLA/CFRA leave to the same extent that employees have the right to use their accrued leaves concurrently with FMLA/CFRA leave. Employees are required to use accrued Compensatory Time as a first means of paid leave concurrently with any leave for medical or family care. 30.5 Medical Certification Regular employees who request leave for their own serious health condition or to care for an eligible family member who has a serious health condition must provide written certification from the health care provider of the individual requiring care. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of his/her position. Regular employees who request leave to care for an injured service member who is an eligible family member of the employee must provide written certification from a health care provider regarding the injured service member's serious injury or illness. When an employee requests leave because of a qualifying exigency under the Armed Forces Reserves or National Guard, an employer may require the employee to provide a copy of the covered military member's active duty orders or other documentation issued by the military which indicates that the covered military member is on covered active duty or call to active duty status in a foreign country, and the dates of the covered military member's active duty service. A. Time to Provide Aa Certification When an employee's leave is foreseeable, and at least 30 days' notice has been provided, the employee must provide medical certification before the leave begins. When this is not possible, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least 15 calendar days after the employer's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. B. Consequences for Failure to Provide an Adequate or Timely Certification 26 If an employee provides an incomplete medical certification the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of leave until the required certification is provided. C. Second and Third Medical Opinions If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third health care provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinions when there is a recertification. D. Intermittent Leave or Leave On Aon a Reduced Leave Schedule If an employee requests intermittent leave i^'^ a"^Rtly (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the requested leave can best be accomplished through an intermittent or reduced leave schedule. 30.6 Reinstatement upon Return from Leave A. Right to Reinstatement Upon expiration of leave (no more than 12 weeks or 26 weeks for military situations), an employee is entitled to be reinstated to the pesitionclassification of employment held when the leave commenced, or to an equivalent pesitionclassification with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the leave period. If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and City the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return. B. Employee's Obligation to Report Periodically Onon Condition Employees may be required to periodically provide an update report and intent date to return to work. This will avoid any delays to reinstatement when the employee is ready to return. C. Return to Work Certification As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to 27 perform job duties, the employee must obtain and present a certification from their health care provider stating that the employee is able to resume work. -The return to work certification must be provided to Human Resources Department prior to the employee resuming any duties. Failure to provide such certification will result in denial of reinstatement. If the health care provider imposes work restrictions on the employee, the return to work certification must list any work restrictions and the time frame for those restrictions. -At the conclusion of the work restriction schedule, the employee must obtain and present a certification from the health care provider that the employee is able to resume work. —Failure to provide such certification to the Human Resources Department will result in denial of reinstatement. 30.7 Required Forms Employees must fill out the following applicable forms in connection with leave under this policy: 1. "Request for Leave of Absence Form" provided by the City. 2. Medical certification —either for the employee's own serious health condition or for the serious health condition of an eligible family member. A _ --� Formatted: Font: Arial 3. "Statement of Family Relationship" when leave is to care for an eligible family Formatted: space After: o pt member. 4. Authorization for payroll deductions for benefit plan coverage continuation; and 5. Certification to return work from appropriate health care provider. 30.8 Pregnancy Leave It is the intent of the City to comply fully with the California Pregnancy Disability Leave Law. -A pregnant employee shall be entitled to a leave of absence without pay for up to four (4) months so long as the employee's attending physician certifies that she is physically unable to work due to pregnancy, childbirth or related medical condition. During said leave of absence, the employee has the option of using CAL time to supplement any short-term disability benefits. In addition, employees who are out on Pregnancy Leave will also be designated as protected under FMLA concurrently as applicable under these laws Upon expiration of the approved leave, prior to the employee being reinstated, the department director may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of her position. Failure to return to work after the authorized four (4) month leave period causes the employee to have no reinstatement rights. An employee who plans to take such a leave should give reasonable notice of the date the leave shall commence and the estimated duration of the leave. 30.9 Alternative Parental Leave 28 The City shall provide six weeks of paid leave to employees for the purpose of bonding with a child in connection with the surrogate birth, adoption or foster care placement of that child. The child may be from a surrogate or non -surrogate parent or agency. The six weeks shall be paid at the rate of 2/3 of the employee's current base salary, and no other benefits shall be enhanced or reduced as a result of using this leave. Employees may use other accrued paid leave (e.g., CAL time) to supplement their pay up to 100% of their current base salary in conjunction with this leave. -The six weeks of leave need not be used consecutively; however, it is limited to the first year after the birth, adoption, or foster care placement of the child. Supporting documentation will be required. Alternative Parental Leave is intended to provide paid leave to parents similar to that afforded to new mothers eligible for disability leave, so Alternative Parental Leave may not be used in combination with disability leave connected with giving birth to a child. Article 31 Jury Dut The City encourages employees to serve as jurors when called upon to do so. -When an employee serves on jury duty or is called to testify on a case involving official City business, the employee receives full pay from the City (Government Code Section 1230). -However, if an employee is testifying on a civil/criminal case that does not involve official City business, then the employee is required to utilize any accrued Comprehensive Annual Leave (CAL) time that the employee has available. -Employees are not required to submit, to the City, any compensation received from the court for serving as a juror. If an employee is called to report to jury duty, the employee shall obtain a "Jury Attendance Certification" form from the court upon dismissal by the judge. -The "Jury Duty Certification" form must be attached to the employee's timesheet for verification of jury duty attendance by payroll. Because the time on the "Jury Attendance Certification" form provided by the court and the actual time the employee is released from the jury pool and/or leaves the courthouse may differ, the employee must handwrite the actual time of release on the form. -The time should be noted upon instruction from their supervisor or designee to either return to work or be released from work. Jury Duty attendance shall be recorded on the timesheet under the code for jury duty regardless of whether the employee is instructed to return to work or not. When an employee receives an initial summons to report forjury duty, the employee must provide a copy of the summons to his or her supervisor immediately_upon receipt, regardless of whether s/he is called to serve. -It is the responsibility of each supervisor to record the employee's absence for jury duty in a manner similar to that used to record the employee absences (i.e. department calendar, weekly staff agenda). If an employee needs to appear in court regarding a personal situation or is summoned to report to the court for a civil or criminal case that does not involve official City business, then the employee is required to utilize available Comprehensive Annual Leave (CAL) time.- A leave request form must be submitted and approved by the supervisor prior to the leave commencing. Approved personal leave (CAL) time shall be recorded on the timesheet under the code for CAL time. 31.1 Defining "Practical" Return to Full Duty - - Formatted: Heading 3, Left Formatted: No underline When released early, which is defined as more than two hours remaining in the business- - ' Formatted: indent: Left: o.s° day, from any day of jury duty, the employee shall contact his/her supervisor, or designee, to determine if it is practical to return to full duty. -In determining whether an employee shall return to work following the completion of jury duty for that day, reasonable 29 consideration shall be given to such factors as: -courthouse delays, parking conditions, travel time, and a rest period.- If two (2) hours or less are remaining in the City's standard business day (8 a.m. to 5 p.m.), the employee does not need to contact their supervisor or return to work. Employees are not required to report to work at the City each day prior to reporting to the--- ---{ Formatted: indent: Left: o.s" court for jury duty unless the report time after 12 noon is ordered. 31.2 Supervisor Determination -{ Formatted: Heading 3, Left Formatted: No underline If upon discussion with the supervisor or designee it is determined that it is NOT practical - for an employee to return to full duty that day, the supervisor's written release stating "not Formatted: Indent: Left: o.s^ practical to return to full duty", along with the supervisor's initials and date, must be noted on the employees "Jury Attendance Certification" form and attached to their timesheet. Article 32 Military Leave The City recognizes the importance of allowing employees time off to serve in the U.S. Armed Forces. -This policy allows for employees to take time necessary for the defense of our country. Military leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose shall provide their department director and Human Resources, whenever possible, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. -Within the limits of such orders, the department director may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave. Upon completion of military service, the employee will be reinstated with full seniority to their former position or to a comparable position, if application for reemployment is made within 90 calendar days of release from the service or related hospitalization. An employee who is a member of the National Guard or of a reserve component of the U.S. Armed Forces shall, upon furnishing a copy of the official orders or instructions, be granted a military training leave. -Training leaves will not, except in an emergency, or in the event of extenuating circumstances, exceed two (2) weeks per year, plus reasonable travel time. -Upon presentation of a military pay voucher or endorsed orders, employees will receive full pay for up to 30 calendar days within one (1) fiscal year. -If the leave is greater than 30 days, then the employee may utilize accrued Comprehensive Annual Leave time. If the employee is placed on active duty, the City is required, by law, to return the employee to the same classification, upon the employee's return to City service. Consistent with the City of Temecula City Council Resolution 90-067, the military leave policy has been extended, for those employee's called to active duty as follows: A. With appropriate documentation, the City will pay the difference between the City employee's salary and the employee's military pay, and; B. The difference in salary will be paid for the entire duration of active duty. Article 33 Leaves of Absence WRboutwithout Pav This provision applies to leaves,- which are not covered by other provisions within the MOU. 30 Leave of Absence W+theutwithout Pay is to be used for the purpose of unforeseen circumstances related to FMLA, CFRA or pregnancy leaves or other situations where leave is requested by the employee. The unfereseen Girgurnstanges Linder this type of leave de not relate to C AI 0 n pFegRaRGY leaves of ^h^^^^^^ In all cases, Leaves W414eutwithout Pay must be approved by the City Manager or designee, and do not continue accrual of benefits. -Employees should refer to Human Resources for specific details. Formatted: Body Text 2, Left 33.1 Benefits While on Leave without Pay Employees may be required to exhaust their Comprehensive Annual Leave prior to commencing Leave of Absence without Pay status, except as provided in the Family Care Leave Policy and Holiday Pav Policy. Employees shall not accrue Comprehensive Annual Leave time if on a Leave of Absence without Pay in excess of five (5) business days. The City will continue payment of City provided health care insurance premiums for two (2) monthly premium payment periods. .. . . Formatted: Indent: Left: 0.5" Employees shall be responsible for the continuation of City provided health care insurance premiums if on Leave of Absence without Pay for more than two (2) monthly premium Payment periods. 33.2 Procedure for Requesting Leave of Absence `""'., thou^u without Pay The Department Director, subject to the approval of the City Manager, may grant requests for Leave of Absence W&,oWwithout Pay.- Employees generally provide a minimum of two (2) weeks' notice, in writing, to request a Leave of Absence AWt eWwithout Pay. Employees must give reasonable notice, to their Department Director, before returning to work. The maximum leave which may be taken is six (6) months at the sole discretion of the City Manager. -In extreme cases, and at City Manager's approval, the maximum leave may be extended beyond six months. Employees shall ROt aGGrue GemprehGRG Ye ARRual Leave tim-e if An -a Leave ef Absence Without Pay in exisess of five (5) b Sine^r.days-. Employees Fnay be required to exhaust their GornpFeheRsive ARRual Leave prioF tE) --- - - Formatted: Indent: Left: 0.5" Employees shall retain the status of employee while on Leave of Absence Witheutwithout Pay.- However, a Leave W+thn, itwithout Pay which exceeds 30 days shall result in an 31 adjustment to the employee's salary and Comprehensive Annual Leave accrual review dates. 33.23 Procedure for Unforeseen Circumstances Requests for Leave of Absence Withoutwithout Pay may be granted, at the discretion of the City Manager, for prolonged illness or personal reasons, including disabilities not related to worker's compensation. -The above procedures will apply to a requested Leave of Absence Wita n-, without Pay with the exception of providing a two (2) week minimum notice.- Employees who request a Leave of Absence Without Pay for illness or personal reasons must provide a written notice of such leave as far in advance as possible. -In addition, the City may require a doctor's certification or other official documents in order to verify legitimacy of the employee's request. Article 34 Health and Wellness Benefits The City shall provide each activere ular employee with a Health Flex Contribution of $400 per month. This allotment is intended to bring the City into compliance with the U.S. Patient Protection and Affordable Care Act ("ACA"). The Health Flex Contribution may only be used toward City - sponsored health, dental, and vision insurance premiums, or deposited into a health flexible spending account as permitted by IRS laws. Any unused portion of the $400 allotment shall be forfeited by the employee (i.e. this is a "use it or lose it" benefit). The City shall also provide each regular employee with a Cafeteria Contribution of $1,200 per month for full-time employees and pro -rated based on full-time equivalency for part-time employees. Consistent with past practice, this payment includes the PERS statutory minimum payment for each calendar year of this Agreement for both active employees and annuitants (retirees). -The Cafeteria Contribution must be applied to all mandatory benefits as determined by the City. The first day of the month following the date of hire, an employee shall be covered under mandatory benefits as set forth in the contract between the City and the carrier(s). -The employee can then apply the remainder of the Cafeteria Contribution to optional benefits provided by the City, including: health insurance premiums, dental insurance premiums, vision insurance premiums, additional life insurance premiums, flexible spending accounts, and other supplemental insurance premiums. -Any unused portion of the $1,200 allotment may be deposited into a deferred compensation account, or taken as taxable income. The Union agrees to meet and confer with the City over any state or federally mandated changes in benefits that occur during the term of this agreement. -In addition, City agrees to include two (2) s#epunion stewards as part of the formal Benefit Committee that meets to discuss aanaal changes in any health and welfare benefit proposal for the next plan year.- The benefit committee will meet prior to the start of the open enrollment period to educate employees on benefits provided during the upcoming plan year. 34.1 Health Coverage During the life of this agreement, the City agrees to continue offering the PERS Health Plan. An employee seeking to opt out of City -sponsored medical insurance must provide documented evidence of minimum essential health coverage pursuant to the ACA, which must cover both the employee and all individuals in the employee's expected tax family, if any. Each year, during open enrollment or as otherwise required by the City, the employee must provide the City with an attestation or other reasonable documentation, subject to the City's approval confirming such alternate coverage. According to the ACA, the City 32 must not make payment if the City knows that the employee or family member does not have the alternative coverage. The City agrees to meet with the Benefit Committee to discuss any changes in the PERS Health Plan prior to open enrollment. 34.2 Dental Coverage During the life of this agreement, the City agrees to continue to offer dental coverage to represented employees. The City agrees to meet with the Benefit Committee prior to selection of the dental plan for the respective Plan Year. 34.3 Vision Coverage During the life of this agreement, the City agrees to continue to offer vision coverage to represented employees. -The City agrees to meet with the Benefits Committee prior to selection of the vision care plan for the respective Plan Year. 34.4 Disability Insurance The City mandates enrollment in short-term and long-term disability insurance for all represented employees. -The City agrees to meet with the Benefit Committee prior to selection of short-term and long-term disability insurance. -The STD disability insurance elimination period of 0 - 7 calendar days for accident/in-patient hospitalization; and the STD disability insurance elimination period of 7 -14 calendar days for illness and outpatient procedures. -Employees should refer to Human Resources regarding specific details on short term and long term disability coverage's. 34.5 Flexible Benefits ProgramSpending Account The City will continue to offer, as long as lawfully permitted, a Flexible Benefits PregramSpending Account during the term of this agreement in accordance with applicable IRS statutes in order to provide employees the greatest possible tax benefit. Included in the Flexible Benefits am Spending Account are reimbursement accounts for medical, dental and vision plan deductibles and co -payments; and other health care expenses not covered by existing medical and dental vision coverage. An additional element of the program includes reimbursement of child/dependent care. -- - ( Formatted: Indent: Left: 0.5" 34.6 Retiree Medical, Dental and Vision Premium Reimbursement Formatted: Space After: 0 pt, Don't keep with next The City will provide medical, dental and vision benefits, for eligible employees and their spouse, upon retirement from the City of Temecula, as follows: A. Eligible retied employees a those e.loyees that ,. mEmplovee must meet all of the following criteria in order to qualify for the Retiree Medical, Dental and Vision Premium Reimbursement benefit: 1. Must have been hired ^" 'Fed on or before June 30, 2005 and a regular, authorized position; 33 2. must have, upon retirement, completed a minimum of 12 years of cumulative service to the City of Temecula in a regular, he f tedauthorized position status; .she retire 3. must have retired from the City of Temecula on or after July 1, 2003; in accordance with CalPERS standards and, 4. must have been continuously employed in a regular, authorized position from July 1, 2005 until his or her retirement from the City of Temecula, with the exception of bargaining unit members referenced in Appendix C. Employees referenced in Appendix C shall remain continuously employed in a regular, authorized position from March 19, 2019 until their retirement from the City of Temecula to be eligible for the benefit. Part-time, regular, benefited employees shall also be eligible provided that total- Formatted: Indent: First line: 0 Tab stops: Not at 0.75" service in Temecula, as defined by PERS, meets the required minimum for this benefit and if they meet the other criteria set forth in this article. If a retired Temecula employee reinstates to a regular benefited position with any California PERS Agency, including the City of Temecula, this benefit will be discontinued and will not be reinstated. The only exception to this rule shall be in the event of a Reduction in Workforce and the employee had been re-employed by the City of Temecula pursuant to Article 44 of this M.O.U. B. Retirement from the City of Temecula shall be defined as a PERS service or industrial disability retirement, and employee must be eligible for such retirement at the time of or within 120 days of separation from City service. The date of eligibility shall be the employee's official CalPERS retirement date. C. Employees who have retired prior to the effective date of this M.O.U. will be eligible for this benefit in accordance with the terms of the agreement at time of retirement. D. Eligible City of Temecula employees (as defined above), who retire during the term of this M.O.U. will be eligible for a reimbursement, for monthly premiums (not including co -payments, prescriptions, and other non -premium expenses) purchased and paid for by them, of up to the current monthly cafeteria plan allotment, for continued medical, dental and vision coverage as provided for in sections 34.1, 34.2 and 34.3 of this agreement. This payment will begin within 30 days of the employees' PERS retirement, and upon written notice from the employee and verification of current payment amounts and will continue through the term of this agreement. E. The amount of actual payment will be based on proof of continued medical, dental or vision insurance and verification of the payment amount. Be advised — the PERS medical premium on a PERS retiree's check is the premium amount AFTER the City of Temecula's mandatory employer contribution has been deducted. Therefore, the Sifynet amount reimbursed will be GaIGulating the r rribursable amount based on the AFTC�cthethe mandatory employer contribution rate, established by PERS annually, that is deducted. In addition, the maximum amount of payment will include any mandatory medical payments made by the City. If employee moves from PERS service area, and coverage under the City's medical, dental, and/or vision plans is not available, employee may request that an alternate medical, dental, and/or vision plans be approved by the City, if allowed by law. Coverage is limited to employee, and if 34 applicable, to spouse. The medical, dental, and/or vision insurance benefits will continue for eligible employees, even after the employee qualifies for Medicare coverage. Medicare supplemental coverage and related premiums will be set in accordance with CalPERS benefit standards. The existing Dental and Vision benefit plans only allow continuation of coverage for retirees for 18 months, after retirement. Following this time period, it is the retiree's responsibility to enroll in dental and vision coverage of their choice. In order to receive reimbursement (not to exceed the monthly allotment), the retiree needs to submit proof of coverage annually to the City's Director of Human Resources. For all coverages which are outside the PERS medical plan service area, eligible retired employees, or their authorized legal representative, must submit, to the City's Human Resources Department, proof of coverage and the premium amount for the upcoming year within 30 days of the first payment. If proof of coverage is not received within said 30 days, payments will not be made until the proof of coverage is received for that year. Retroactive payments will not be made if the employee fails to submit this information on a timely basis. It is the responsibility of the retired employee to notify the Director of Human Resources of any changes in premium amounts or change in status. This benefit will discontinue upon the death of the retired City employee. Article 35 Life Insurance The first day of the month following date of hire a regular employee, upon proper application and acceptance by the insurance carrier, shall be covered under a group life insurance plan for the amount of $50,000. Voluntary Life Insurance will be available to regular employees (outside the City's Section 125 Cafeteria Plan) at no cost to the City. Article 36 Retirement The City has established a multi -tiered retirement benefit. 36.1 Tier 3 Formatted: Heading 3, Left Pursuant to the Public Employment Pension Reform Act of 2013, (also known as` Formatted: Indent: Left: 0.5" "PEPRA", Assembly Bill 340), those who first become employed by the City on or after January 1, 2013, and who are "new members" as that term is defined in PEPRA, shall be subject to a third tier Public Employees Retirement System (PERS) formula of 2% @ age 62, and a benefit based on the highest 36 months of employment. New members shall pay their entire PERS member contribution by payroll deduction at a rate set by PERS or at 50% of normal cost as that term is defined in PEPRA. Fo io-n� �As of July 1, 2020, that percentage is 6.751%.7.25%. New members shall also be subject to all other applicable provisions of PEPRA.- This retirement formula shall be known as Tier 3. 36.2 Tier 2 • Formatted: Heading 3, Left The City's second tier PERS retirement formula of 2% @ age 60 applies to employees- Formatted: Indent: Left: 0s° hired on or after September 24, 2011, and up to and concluding December 31, 2012, as allowable by law. Tier two also applies to those hired at any time after September 24, 35 2011, who had prior membership in PERS or in another retirement system that has reciprocity with PERS. -Highlights include the following: • A three-year final compensation • Annual 2% Cost Of Living Adjustment (COLA) • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service 36.3 Tier 1 -------� Formatted: Heading 3, Left The City's first tier PERS retirement formula of 2.7% @ age 55 applies to employees hired--- ---' Formatted: indent: Left: o.s^ prior to September 24, 2011 as allowable by law. -Highlights include the following: • One-year final compensation • Annual 2% Cost Of Living Adjustment (COLA) • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service. For retirement tiers 1 and 2, employees shall pay 3% of their PERS member contribution. -The City agrees to continue to pay the balance of the Member Contribution (EPMC), required by the Public Employee's Retirement System to maintain the current level of benefits for employees covered by this Memorandum during the term of this agreement. Regular City -employees are not covered under Social Security (1.45% Medicare only). 36.4 Survivor Benefits: Formatted: Font: Bold The City of Temecula's PERS 1959 Survivor Benefit coverage (Government Code section 21574) is a higher level of cash benefit paid to survivors of an employee who dies prior to retirement. -The City provides Level 4 of PERS' Survivor Benefit. Article 37 Deferred Compensation The City shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. -The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. -Such plan shall be implemented without cost to the City. Article 38 Late Starts This Article applies to non-exempt regular employees. A regular employee who is tardy to work or upon returning from break or lunch shall be docked pay at the discretion of the Department Director or designee(s). Such docking shall be rounded to the nearest 15--minute increment. However, if the employee is tardy for a period of less than 7 minutes, then no docking of pay shall occur. If the employee is tardy between 7-1A and 15 minutes, then a full 15 minutes shall be docked. An employee and their department manager, upon mutual agreement, may make up late time by either coming in early, staying late, or 36 shortening their lunch hour (lunch hours can only be shortened if employee is on a 1 hour a day lunch schedule) to make the time up. It is understood the time to be made up must be made up within the same 7--day work period the late time occurred, that no overtime will result from making up late time, and that there shall be no disruption to City services or operations. In addition, no provisions of this article are subject to the grievance procedure. Finally, an employee may be disciplined for continued late starts. Article 39 Rest Periods All represented employees may take, for each full eight (8), nine (9), or ten (10) hour shift worked at the direction of the respective department, a 15 minute break each four or 4 '/2 -hour period. Rest and lunch periods must be arranged with your supervisor and are intended to be uninterrupted time. -Employees working in the field shall take, at the direction of the department, rest periods nearby the work site. -Rest periods/meals are for the good of the employee, but periods cannot be used to make up for other lost time or to arrive at work late or leave work early. Exceptions to this rule must be with supervisory approval. -Rest periods are not cumulative.- In the event the employee is called off their lunch break because of an emergency or if the department schedules a hands-on mandatory lunch meeting, the employee is entitled to be compensated for this time. Article 40 Hours of Work The City has an absolute right to assign work schedules for City employees. -If the City proposes to change the work schedule of a classification or an employee in a classification, represented by the Union, the City will provide the employee and Union with a written notice which will include the valid business need for the schedule modification. -Such written notice will be provided at least ten (10) business days in advance of any change. During the term of this agreement, the City will continue to offer alternative work plans where business needs (e.g., customer service and employee productivity) are prioritized and uncompromised. Examples of alternative work plans include: 9/80 Work Plan: an employee works nine (9) days in a two -workweek period, but not more Formatted: Space After: 0 pt than 40 hours in either workweek. 4/10 Work Plan: an employee works four (4) 10-hour days in a workweek for a total of 40.- Formatted: Space After: 0 pt hours. 40.1 Participation Participation in the alternative work plans is on a City wide basis. -Employees have the option of participating in an alternative work plan if the Department Director has agreed and the affected classification is eligible based upon the scheduling and service needs of the department. -Upon Department Director approval, employees may change work plans on a temporary or on -going basis. Article 41 Grievance Procedure The purpose of this article is to promote improved employer -employee relationships by establishing procedures for appealing management actions. -To afford employees, individually or through representation, a systematic means of obtaining further consideration of problems after 37 every reasonable effort has failed to resolve them through discussion. -This process is intended to provide settlement of grievances as near as practicable to the point of origin. 41.1 Grievance A grievance is any alleged violation as to the interpretation or application of personnel policies and practices or the application of any negotiated agreement or any law, rule or regulation governing personnel matters for which there is not another administrative appeal process. 41.2 Representation A regular employee is entitled to representation in the preparation and presentation of a grievance at any step in the grievance procedure. -The grievant is entitled to be released from work for a reasonable period of time in order to present the grievance. 41.3 Grievance Discussion A regular employee or employee representative will be unimpeded and free from restraint, discrimination, interference, or reprisal in seeking appropriate adjustment of a grievance provided, however, that an employee's representative may not participate in an informal discussion with the supervisor as required prior to the filing of a formal written grievance. 41.4 Non -Reviewable Grievance A grievance is not reviewable under this procedure if it is a matter which would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the City, such as: A. Employee requested applications for changes in title, job classification or salary B. Appeals from formal disciplinary action. C. Appeals from work performance evaluations. -However, there may be an allowable grievance if a bargaining unit member conducts a formal evaluation of another bargaining unit member. 41.5 Filing of Grievance In order for an employee to file a grievance, the employee must raise the issue with the immediate supervisor or Department Director, in writing, within 15 business days after the employee knew or, by reasonable diligence, should have known of the circumstances giving rise to the grievance and should be subject to all processing set forth herein. 41.6 Grievance Time Limits The time limits set forth in the grievance procedure may be extended by mutual consent of both parties. Step 1 38 An employee, before reducing the grievance to writing, will take the matter up with their immediate supervisor in an informal conference. -The employee and the supervisor are each entitled to the presence of a silent observer. -The silent observer for the grievant must be the s4opunion steward . An observer that interrupts or participates in the discussion may be excluded from the discussion by either the employee or the supervisor. -The supervisor will have five (5) business days to render a decision in writing.- Failure of the supervisor to render a decision in writing within five (5) business days, entitles the employee to move the grievance to the next step. Step 2 If the grievance is not settled in Step 1, the employee and their representative, if any, may within five (5) business daysdays, appeal, in writing, to the employee's Department Director.- The Department Director shall schedule a meeting, to hear the grievance, which will take place within ten (10) business days from the date the grievance is referred to Step 2. -The Department Director shall issue a decision within ten (10) business days. -The employee may within five (5) business days move the grievance to Step 3.- Failure by the employee to raise the issue to the next level will result in the grievance procedure ending. Final Step If the grievance is not settled in Step 2, the employee and their representative, if any, may within five (5) business daysdays appeal, in writing, to the City Manager. The City Manager or, if designated, the Assistant City Manager shall schedule a meeting to take place within 15 business days. -The City Manager or Assistant City Manager shall have 15 business days to render a decision which will be final and binding. Article 42 Discipline General Statement of Policy: It is the City's belief that rules of conduct are most effective when they are written and communicated to employees and supervisors, consistently enforced, and the difference between major and minor forms of misconduct recognized. The City's goal is to administer discipline on an equitable and corrective basis. -Effective discipline reinforces training by identifying rules and their reasons, correcting misconduct or improving job performance, serving as a deterrent through enforcement, and penalizing in relation to the severity of the offense and the employee's past record. -In general, the City will not use supporting documents older than three (3) years when considering a disciplinary action. At the request of the employee, Union representation will be provided during investigative conferences that may result in formal discipline. -Formal discipline is defined as a minimum of a written reprimand.- If the supervisor anticipates that discipline, resulting in a written reprimand or greater discipline will result, the supervisor shall notify the employee that they have a right to request Union representation prior to further discussion of the issue. Definition of Disciplinary Action "Disciplinary Action" means action taken by the Department Director or designee for disciplinary reasons, pursuant to the City of Temecula Discipline Policy. -Such disciplinary actions include: 39 1) a formal warning, 2) a written reprimand, 3) disciplinary suspension, 4) reduction in pay, 5) demotion, 6) dismissal, or 7) any other action taken for disciplinary purposes. Informal Discussion: Though not a disciplinary action, when a minor job performance problem develops, an informal discussion shall usually occur to assist the employee in clarifying and remedying the problem. -An informal discussion is designed to clarify standards, policies and procedures or rules and regulations so that problems are resolved early and thus, the need to utilize disciplinary action may be avoided. Formal Warning: The formal warning shall be given in response to minor misconduct. The warning should be prompt, calm, and constructive, and every effort shall be made for the formal warning to be given in private. -The supervisor/department director shall include in the formal warning a review of appropriate department standards and policies, employee performance expected in the future and consequences for failure to correct performance or behavior. -A formal warning will be documented in memorandum format by the supervisor/department director and a copy of the formal warning memorandum to the employee. -This memorandum does not go into the employee's central personnel file.- In addition, the employee may request that a Union representative be present during this process. Written Reprimand: The written reprimand shall be given by the Department Director or designated authority when a formal warning has not succeeded in stopping the misconduct or when the misconduct is considered too serious to warrant a formal warning. -Misconduct includes failure to meet City performance standards.- The Department Director should first counsel the employee about the misconduct, as if giving a formal warning. -At the end of the discussion, if no extenuating circumstances are discovered, the Department Director shall inform the employee that a letter of reprimand shall follow and shall be placed in their central personnel file located in the Human Resources Department. -The written reprimand shall include a full, accurate and factual statement of the reason for the reprimand, if applicable, appropriate department standards and policies, employee performance expected in the future, and consequences for failure to correct performance or behavior. -The employee and/or their representative has the right to request a meeting with Human Resources to discuss the content of the written reprimand prior to it being placed in the employee's central personnel file. -Finally, the employee has the right to attach a written response to the written reprimand to be placed in the employee's central personnel file. Disciplinary Suspension: Disciplinary suspensions without pay are actions which generally deprive an employee of pay for any period up to 30 business days and are usually given when serious misconduct or repetition of past problems for which the employee has been reprimanded require a strong management response. -The nature of the offense, its severity and the circumstances dictate the length of suspension.- Recurrence of the same or similar offenses can result in a second or third disciplinary suspension of progressively increased duration or in a dismissal. -A disciplinary suspension is given an employee when formal warnings or written reprimands have not been effective, or when the misconduct warrants more than a written reprimand. 40 The City distinguishes between minor disciplinary suspension as one (1) to five (5) business days and major disciplinary suspensions as six (6) to 30 business days. -Minor suspensions can be used as steps in progressive discipline. -Major suspensions are used as steps in progressive discipline.- Major suspensions are used as a more severe step in progressive discipline or where the act of misconduct does not warrant dismissal. Department Directors shall institute disciplinary suspensions only after Human Resources and City Manager approval. Reduction in Pay: The reduction of an employee's base pay through the loss of a grade or step is the action given when a disciplinary suspension has not been effective, or when the misconduct is too serious for disciplinary suspension alone. Department Directors shall institute a reduction in an employee's base pay only after Human Resources and City Manager approval. Demotion: The Department Director may demote an employee for disciplinary reasons or because the employee's ability to perform the required duties falls below standards for that position, provided that the employee has been given a reasonable time to improve. -Upon request of the employee, and with the consent of the appointing authority, demotion may be made to a vacant position. -No employee shall be demoted to a position unless they possess the minimum qualifications for such a position. Department Directors shall institute a demotion only after Human Resources and City Manager approval. Dismissal: Dismissal or involuntary separation of an employee from City employment shall be imposed only when all other disciplinary measures have failed and the employee is deemed beyond rehabilitation or when an act of misconduct is deemed very serious. -A career employee may be dismissed by the Department Director for just cause as outlined in these rules. Resignation: An alternative to Disciplinary Action: -At times, an employee may offer to resign instead of facing disciplinary action. -By doing so, the employee loses the right to appeal.- A resignation must be completely voluntary. If the action taken is a written reprimand, disciplinary probation, a disciplinary suspension, a reduction in pay, a demotion, or a dismissal, documentation shall be in accordance with this policy. A copy of all such disciplinary documents shall be placed in the employee's central personnel file located in the Human Resources Department. The employee shall sign and receive a copy of such disciplinary documents.- If the employee refuses to sign the statement, that fact should be noted in writing by the supervisor. Actions that are not Appealable 41 Denial of merit or pay increases, performance evaluations, informal discussions, oral counselings, and formal warnings. Disciplinary Action Subject to Skelly Procedure: Prior to a disciplinary suspension, a reduction in pay, a demotion, or a dismissal of a career employee for disciplinary purposes, the procedure set forth in this section shall be complied with. Administrative Suspensions with Pav: Pending investigation of an accusation against an employee, the City Manager may approve the temporary suspension of an employee with pay, pending the undertaking or completion of an investigation or opportunity to respond as may be required to determine if any disciplinary action shall be taken. Skellv Procedure A. Written Notice: -The Department Director or designated authority shall give the employee a written notice of the proposed disciplinary action at least ten (10) business days prior to the effective date. -The written notice shall be personally delivered to the employee or sent by certified mail to the employee's last known address. -The notice should include the following information: 1. A description of the proposed action to be taken and its proposed effective date or dates; 2. The specific grounds and particular facts upon which the action is proposed to be taken; 3. The employee's right to receive a copy of the written materials alleged to support the proposed action; and 4. A statement advising the employee of the right to respond, orally or in writing, and the time period in which to do so. B. Employee Review and Response: The employee shall be given an opportunity to review the documents or materials upon which the proposed disciplinary action is based. -Within ten (10) business days after receipt of the written notice, the employee shall have the right to respond to the Department Director, orally or in writing, concerning the proposed action. -Failure to respond within the time specified may result in the employee's waiver of their pre - disciplinary procedural rights. -By mutual agreement, the specified time period may be extended. C. Department Director Decision: The Department Director or designee shall, within ten (10) business days, provide a written decision to the employee after reviewing the employee's response, if any. -The decision shall be personally delivered to the employee or sent by certified mail to the employee's last known address. —The decision shall acknowledge the employee's 42 response and shall be dated and signed by the Department Director. -If disciplinary action is to be taken, the written response shall include a statement informing the employee of the right to appeal and the time period within which the appeal must be made. If mutually agreed upon, the effective date of any proposed disciplinary action may be postponed to allow the Department Director enough time to adequately review the employee's response before making a decision. D. Appeal of Department Director's Decision: An employee may appeal a Department Director's decision within ten (10) business days Formatted: indent: First line: o^ of receiving the decision. -An appeal shall be accompanied by a copy of the written notice of disciplinary action served on the employee, the Department Director's written decision, a brief statement of the facts and reasons for the appeal and a brief statement of the relief requested. If, within the ten (10) day appeal period, the employee involved does not file an appeal, unless good cause for the failure is shown, the action of the Department Director or designee shall be conclusive. -If an employee withdraws the appeal, the employee waives the right to further review.— Appeals filed within the ten (10) day requirement shall be handled in accordance with the following provisions: Minor Disciplinary Suspension, Reduction in Pav and Demotion: An employee may appeal a disciplinary suspension of five (5) days or less, or a reduction in pay of 5% or less annualized by submitting a written response to Human Resources within ten (10) business days after the employee has received the Department Director's decision. -Such an appeal and decision of the matter is based only upon the written record. Human Resources shall render a written decision within ten (10) business days after receipt of the appeal. -The City Manager may modify the disciplinary action, but in no event shall have the authority to increase the disciplinary action. -The City Manager's written decision is the final and conclusive administrative review. Major Disciplinary Suspension, Reduction in Pay. Demotion and Dismissal: Disciplinary suspensions of greater than five (5) days, reductions in pay greater than 5% annualized any demotions from class to class, or a dismissal may be appealed to the City Manager. -The City Manager may designate the Assistant City Manager or another person mutually agreed to by the City Manager and the Union, to serve as Hearing Officer who shall determine the hearing procedure. -The hearing need not be conducted according to technical rules relating to evidence and witnesses. However, the Hearing Officer shall ensure that the matter before them can be fairly determined on reliable evidence. The Hearing Officer, shall render a written record of their findings, conclusion and decision as soon after the conclusion of the hearing as possible and in no event later than 20 business days after conducting the hearing, unless the parties otherwise agree. -The Hearing Officer may modify the disciplinary action, but in no event shall have the authority to increase the disciplinary action. -The Hearing Officer's decision on the appeal is final and conclusive administrative review.- However, if an employee reports directly to the City Manager, then a hearing officer may be called in, to act as the final level of administrative review. 43 G. Amended Notice of Disciplinary Action: At any time an appeal is submitted for decision, the Department Director or designated- Formatted: indent: First line: a" authority may, with the consent of the City Manager, amend the disciplinary action or provide a supplemental notice of disciplinary action. A decision not to impose any disciplinary action should be accompanied by a directive from the Department Director to delete all references to the pending action from the employee's personnel file(s). —Failure by the Department Director to make further investigations or to provide an additional written answer shall not affect the ability of the City to impose disciplinary action. If the amended or supplemental notice of disciplinary action presents new causes or allegations, the employee shall be afforded a reasonable opportunity to prepare a response, but the employee shall not be required to file a further appeal. -Any objections to the amended or supplemental causes or allegations may be made verbally or in writing during the appeal interview. Article 43 Alcohol and Drua Polic It is the policy of the City of Temecula to have a work environment free from the effects of drugs and alcohol. -To accomplish this objective, represented employees agree to abide by the City of Temecula Alcohol and Drug Policy over the life of this agreement. Article 44 Reduction fnin Workforce The City may separate any employee or class of positions without prejudice, because of financial or economic condition of the City, reduction of work, or abandonment of activities. -The City shall give such employees not less than two (2) weeks advance notice of separation and the reason therefore. However, no full tome beneftted regular employee shall be separated from a department while emergency, project, probationary, part-time, or temporary employees are employed and serving in the same positions in the department. -The order of layoff shall be as follows: Order of Lavoff The order of layoff of career employees shall be made in accordance with a system, which favors retention of the more meritorious employees, based upon evaluation of the following factors in the listed order of importance: A. The three (3) most recent performance evaluation records once finalized and filed in Human Resources Department. The overall evaluation rating will be utilized for purposes of determining performance. —If the overall evaluation rating category includes a combination rating such as Commendable/Outstanding (C/O), the rating will be combined to determine overall performance. -Those employees with the lowest overall ratings will be further evaluated in Section B and C, detailed below. -Should there be a change to the rating categories as a result of revisions to the City's Performance Evaluation format, the City agrees to a'iFlAit8' FG epGRefineet and confer to discuss needed adjustments to Article 44. 44 B. Documented disciplinary actions above the written reprimand level during the preceding 12 months C. Seniority (as defined in Article 9) in relation to the following categories: 1. in the City 2. in the classification 3. in the department. In exceptional circumstances, the City may determine that it is not cost effective to replace specific employees, within a classification, who have received specialized training to perform duties or carry out responsibilities related to a specific department. Re-employment List: The name of every regular employee who is laid off, for longer than one (1) pay period due to a reduction -in -force, shall be placed on the Re-employment List, in order of layoff. Vacancies to be filled within a department shall be offered, first in reverse order of layoff (last employee reduced is first rehired), to individuals named on the Re-employment List who, at the time of the reduction - in -force, held a position in the same job classification. The City may also offer voluntary layoff packages to employees. —These packages, at the discretion of the City Manager, may provide 90 days of compensation for employees who volunteer to participate in a voluntary reduction of workforce process. Individual names may be removed from the Re-employment List for any of the following reasons: A. The expiration of 12 months from the date of placement on the list. B. Re-employment with the City in a regularfull tome position. C. Request in writing to be removed from the list. Status on Re-employment: A regular employee who has been laid off or terminates in lieu of reassignment and is re-employed in a regular position within 12 months from the date of their layoff or termination shall be entitled to: A. Restoration of seniority accrued prior to layoff. B. Credit for all service prior to layoff for the purpose of determining the rate of accrual of Comprehensive Annual Leave. C. Placement in the salary range as if the employee had been on a leave of absence without pay if they are reinstated to the same job classification. Article 45 Job Actions The Union agrees not to strike or otherwise engage in withholding services or concerted action during the term of this agreement. Also, the City agrees not to lock out the employees. 45 Article 46 Reasonable Accommodation of Employees VV#kwith Disabilities Because the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA) requires reasonable accommodations for individuals protected under the Act, and because these reasonable accommodations must be determined on an individual case -by -case basis, the parties agree that the provisions of this agreement may be disregarded in order for the City to avoid discrimination relative to hiring, promotions, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leave, fringe benefits, training opportunities, hours of work, or other terms and privileges of employment. The bargaiRiRg WRitUnion recognizes that the City has the legal obligation to meet with the individual employee to be reasonably accommodated before any adjustment is made in working conditions. The employee's baFga;RiRg „^++Union will be notified of these proposed reasonable accommodations prior to implementation by the City. Any reasonable accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the Grievance procedure. Prior to disregarding any provision of this agreement in order to undertake required reasonable accommodations for an individual protected by the Act, the City will provide the business representative of the baF9ainiRg wRitUnion with written notice of its intent to disregard the provision, and if requested will allow the business representative of the Vim++Union the opportunity to discuss options to disregarding the agreement. Article 47 Reclassifications 47.42 Reclassification Implementation (aka Salary Schedule B) as deSGribe d above; b. emcees "'he have already been onln nifie d to their final nleyee ..nl-,nn:fiGation r nrdat'on as described above G. ..m hhpleyees we avennnn Fated from employment with the City. Formatted: Left Employees shall be placed into his/her new position's salary range at the salary step in the range closest to his/her current salary without going under, or to the first step in the range of the reclassification, whichever is greater. Employees whose current salary range is higher than their recommended classification's salary range shall retain their current salary range as a "y-rated" salary range. Y-rated salary ranges are not subject to cost of living increases; however, if the unmodified salary range for an employee's classification exceeds that of their y-rated classification's salary range due to a cost of living increase, the employee shall be placed in their classification's unmodified salary range at the salary step in the range closest to his/her current salary without going under. Those employees assigned to y-rated salary ranges shall be listed in 46 Appendix B. Employees shall not serve a probationary period as a result of being reclassified, and shall retain his/her performance evaluation date and merit increase eligibility prior to being reclassified. 47.21 Reclassification StudiesReguest Process If any regular employee, during the term of this agreement, believes they are working out of classification, he/she is entitled to request a reclassification study to be conducted by the Human Resources Department. -This request must be made by October 1st so the process can be completed in time for the mid -year budget or annual budget as determined by the City. Only emplayees whose work has fundamentally nhanged due to a departrtmenf Employees Fnust make a request for a reGlassifiGation study iR writiRg te the HuMaR Rese„rGes Department to ;n;+;. to the n . The employee will then be required to complete a Position Description Questionnaire (PDQ). If the PDQ demonstrates that the employee's work has fundamentally changed due to a department reorganization, changes to staffing levels, introduction of new programs or services, and/or re -allocations of work and internal reporting relationships, then the employee will be referred to an independent consultant who can objectively complete the reclassification study. The independent consultant shall determine the methodology used to conduct the reclassification study. The results of the study will be shared with the subject employee by May 15t of the following calendar year, and the results are not appealable. Article 48 Performing Arts/Theater Staff This Article applies to non-exempt regular employees. Regular employees who work at the City of Temecula Old Town Temecula Community Theater are provided benefits in accordance with the M.O.U. A. Employees are provided Shift Differential in accordance with Article 18 of the M.O.U. Employees who do not receive a meal break after the 5th hour shall be compensated at 1.5 times their hourly rate of pay until a meal break is provided, in accordance with Article 40. The C fig +'Ib ., +oi.J., ..F9dUGti9R G o therefore al n alty ., employees wall he GempeRsated of tirR nrl a half by the red n+'e aGGordaRGe with the M.O.U. C. With regards to overtime, all employees shall be compensated in compliance with Article 13 (Overtime) of the M.O.U. D. Employees shall receive an 8-_hour rest period between work periods, as outlined in Article 13.4 (Overtime). 47 Article 49 Posting of Vacancies The City will fill all bargaining unit vacancies consistent with this IVIOU. The City agrees to ""' Formatted: Widow/Orphan control conduct a competitive process for any bargaining unit vacancy, including internal recruitment opportunities, during the life of this agreement. D urinq the first five .. nicking days of pestiRg my r u laic employees m „h w.�+ appliGatiORS-. If three qualified n nlinnnts n not found, the r ,:tmnn+ 49.1 Internal Only Recruitments • All bargaining unit vacancies will be posted for a minimum of three (3) calendar days prior to recruiting externally. Entry-level positions in a Classification Series as defined by the City's Classification Plan Definitions may be posted externally from the beginning of the recruitment. • Internal recruitment opportunities may be pen to all City employees (i.e. Regular and Project employees and project empleyees fnr five erLiRg days r he ed to all 'n+ernl end exteFRal a nlinnnts at the Department r,.�, ,reGtOF S aiscretion of the City. • Applicants who have submitted a timely employment application shall be placed on an Eligibility List, once Human Resources verifies that the minimum qualifications of the position have been met. a. If there is only one (1) candidate on the Eligibility List, that emplovee may be appointed without an interview. b. If more than one (1) candidate is on the Eligibility List, the department must invite all candidates on the Eligibility List to be interviewed. If only one (1) candidate accepts the invitation to be interviewed, that employee may be appointed without an interview. • If the internal recruitment is not successful, the vacancy may be posted externally. 49.2 External Recruitments • All bargaining unit vacancies will be posted for a minimum of three (3) calendar days. • The first round of interviews shall score applicants and establish an Eligibility List. • Only applicants on the Eligibility List may be appointed. . Formatted: Normal, Indent: Left: 0.5", Space After: 8 pt, Line spacing: Multiple 1.08 li Article 50 SeHaFabURYSeyerability If any provision of this agreement shall be declared void or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall remain in full force and effect, except that either party to the agreement may request the other party to meet and confer in regard to amending the agreement to replace the provisions declared void or unenforceable. -However, there will be no obligation on either party to agree on a replacement provision. 48 Article 51 Performance Evaluations Five (5) rating levels with measurable criteria and detailed definitions have been established to ensure consistency in the evaluation process throughout all City departments. Should there be a change to the rating categories as a result of revisions to the City's Performance Evaluation format, the City agrees to meet and confer to discuss needed adjustments to Article a 0:251. All managers and supervisors will be trained in communication skills to enhance their ability/knowledge to give employees the tools needed to achieve acceptable rating levels and maintain a successful career path within 90 day one year of becoming a manager or supervisor of a bargaining unit member. Bargaining Unit members working in a supervisory position may conduct performance evaluations for other bargaining unit members; however, those in lead roles shall only provide input to managers and/or supervisors conducting performance evaluations. If an employee's overall rating drops two (2) rating levels from one evaluation period to the next evaluation period — the employee has the right to appeal the rating with representation from both the Union and the Human Resources Department present. When there is a change with whom a bargaining unit member reports to, their evaluation for that rating period will be completed in the following manner: a. The evaluation will be completed by the supervisor that had the employee under their supervision the most during that 12-month period. b. The new supervisor will provide input and establish a new set of goals/objectives. c. T44e-A change in supervisor does not change the employee's evaluation date will ^^*„fie unless the to new supervisor is due to a promatiD44 op sltlon change (except reclassification). A change in position (except reclassification) results in adjusting the promotional and/or annual evaluation dates based on the effective date of the position chanae. Overdue Evaluations An overdue evaluation report will be given to the Union Chief Steward, by Human Resources Department, on a mutually agreed upon schedule. -Human Resources Department and the Union will work cooperatively to ensure the timely receipt of annual evaluations. -At 60 days past the official evaluation due date, the Director of Human Resources will meet wthcontact the appropriate Department Director, of the affected employee, at which time a date will be determined to give the evaluation and the employee notified of the determined date. -If an annual evaluation becomes 90 days overdue, ^^^^ ^' ^a step increase will automatically be given (if applicable`. The "^i^^ GaR iRitiate paymeRtj by GGRt2Gt Rg Human Resources. If an extenuating circumstance exists, the manager will discuss this with the affected employee and will come to a mutually agreed upon extension. -If any evaluation becomes 120 days overdue, it may be subject to the Union filing a grievance. Article 52 Personnel Rules and Policies The City shall submit any proposed changes to Personnel Rules to the Union prior to implementation. Article 53 Notice to Meet and Confer on Policy Changes The City shall meet and confer on any policy change that comes within the scope of representation under the Meyers-Milias-Brown Act (MMBA). 49 Article 54 Reporting Project Employee Hours The City shall provide a quarterly report to Union Leadership, outlining Project Employee Titles, Department, and year-to-date Hours Worked. 50 Posting of Agreement A copy of this agreement will be initially distributed to all represented employees and given to all new employees hired into the unit after the date of adoption. The undersigned, representing the City and the Representatives do hereby adopt the terms and conditions set forth herein, and recommend the City Council and members of the Unit approve it. For the City: Isaac Garibav Director of Human Resources/Risk Management Assistant Gity Manage Greg Butler Assistant City HuFnaR Resour s Manager Jennifer Hennessy F' aRGe Director of Finance Ch;;rlp,; IN k r €seaemisLuke Watson Director of Community Development-Aaalys 51 For the Union: Chester MardasaRi Prr, eside�'en Neil Sholander Attorney/Business Representative, Teamsters Local 911 L slier Union StewardGFaGme'a n ata G GGRSOaRt Teamsters i e al o� � William Becerra. Jr. Union Steward - - Formatted Table Tom Cole Union Steward Wendy Miller Ig Union Steward ........................ Formatted Table 52 Appendix A - Represented Classifications for Regular Employees Accountant LandseapeaaspesfeF[Lead Maintenance Worker Accountant II * Maintenance Worker I Landscape Inspector 11 Accounting Assistant Lead -Maintenance Worker II Accounting Support Supervisor Management Aide I Accounting Technician I * Mainteaaase-WeFkerManagement Aide II Accounting Technician II * Management Aide 1111 Administrative Assistant Management AW"Assistant Aquatics Coordinator ManagementAide-"'Multimedia Assistant Aquatics Supervisor I MaRaqeFReRt AssistaRtMultimedia Specialist I Aquatics Supervisor II * OfficeMultimedia Specialist PH Assistant Engineer I * Multimedia Coordinator Assistant Engineer III * Office Specialist NI Assistant Planner Office Specialist II AssistanfAssociate Civil Engineer 4 Park Ranger I Assls oi^^^.^^.Associate Engineer I Park Ranger II Associate Sivii-Engineer II Park Ranger III Associate EngineeFPlanner I Plan Checker Associate E4g4veeFPlanner II Planning Technician Associate Planner ' Building Inspector I Public Works Inspector I Assosiate Plane Building Inspector II Public Works Inspector II c kfing4 -specter I @tHlding-Inspeew" Fug Business License Assistant Purchasing Assistant Business License Supervisor Reser9ePurchasing Supervisor Business License Technician Records TeehnisianCoordinator Buyer I * San or A ^^ ^`^^'^'^^'Records Supervisor Buyer II * San iorAceeuntingRecords Technician Cashier Senior ccountant Code Enforcement Officer I Senior Building-InspesteFAccounting Technician Code Enforcement Officer II Senior Ruginegg' '^^^^^ T^^h^'^ -^Administrative Assistant Community Development Processing Supervisor Senior BdyeFBuilding Inspector Community Development Services Technician I Senior CMP Enforcement Off ce Business License Technician Community Development Services Technician II Senior Buyer Community Services Assistant Senior F' ^sp�tarCode Enforcement Officer Community Services Coordinator I * Senior IT RpesiaAst—Community Development Services Tech Community Services Coordinator II * Senior'' ^d^^^peFire Inspector Community Services Specialist I * Senior 9ffiselT Specialist Community Services Specialist II * Senior Rablis-WeFI%Landscape Inspector Community Services Supervisor I * Senior office Specialist Community Services Supervisor II * Senior Signat-Technic Eublic Works Inspector Construction Manager Senior SUPPGFt SeNiGes TeGhAinignRecords Coordinator Custodian I Senior Signal Technician Custodian II SignalSenior Support Services Technician4P Engineering Technician I * Signal Technician I Engineering Technician II * Signal Technician II Field Supervisor (Building, Code, Fire) Supervosona Park Ranger Field Supervisor (Streets, Parks, Facilities, Traffic Signals, Landscape Inspection) uoervisina Public Works Inspector Fire Inspector I Support Services T^^, ��� „a,,a.'^ ^^Assistant Fire Inspector II Support Services Supervisor IT Specialist I * Support Services Technician Fire InspesteFIT Specialist II * Theater Technical Assistant IT Specialist 1 *Supervisor Theater Technical Coordinator I IT Specialist "Technician I * Theater Technical Coordinator II IT SaPeWiSOF—Technician II * Theater Technical Specialist I IT T..chni.:.... I *�+.. 1 *Landscape Inspector I Theater Technical Specialist II IT- eshaisiaaLandscape Inspector II' - *Flexibly staffed position. Any additions, removals, or changes to Appendix A of the MOU is subject to meet and confer with Teamsters Local 911, and subject to provisions set forth in City Employer -Employee Resolution 93-38 adopted by City 5/11/1993. Formatted Table Appendix B — Y-Rated Employees Employee Name Classification Formatted Table Formatted Table hen "Jav" Oldham I Senior Public Works Inspector (Y-Rate) �_....'""`-"""I Formatted Table Appendix C - Article 34.6 Employees Employee Name Employee Number Norma Pamela Espinoza 00347 Jill Flores 00307 IV a1fA T EIVIt IN •i 411, . 1989 MEMORANDUM OF UNDERSTANDING (M.O.U) Between the City of Temecula and Teamsters Local 911 Effective July 1, 2021 Table of Contents Foreword.................................................................................................................................... 1 Preamble................................................................................................................................... 1 Article1 Recognition.............................................................................................................. 1 Article2 Implementation......................................................................................................... 1 Article3 Term......................................................................................................................... 1 Article 4 Authorized Agents.................................................................................................... 1 4.1 City's Authorized Agent............................................................................................ 2 4.2 General Employees Authorized Agent..................................................................... 2 Article5 City Rights................................................................................................................ 2 Article6 Employee Rights...................................................................................................... 2 Article7 Union Rights............................................................................................................. 2 7.1 Agency Shop........................................................................................................... 2 7.2 New Hire Notification............................................................................................... 2 7.3 Union Dues Process................................................................................................ 3 7.4 Religious Exemption................................................................................................ 3 7.5 Failure to Elect......................................................................................................... 3 7.6 Union Dues Collection............................................................................................. 3 7.7 Dues Check Offs...................................................................................................... 3 7.8 Records................................................................................................................... 4 7.9 Rescission of Agreement......................................................................................... 4 7.10 Indemnification........................................................................................................ 4 7.11 Bargaining Unit Communications............................................................................. 4 7.12 Union Roster............................................................................................................ 4 7.13 Employee Representatives...................................................................................... 4 Article 8 Personnel Files......................................................................................................... 5 8.1 Derogatory Material................................................................................................. 5 8.2 Derogatory Material on File...................................................................................... 5 8.3 Customer/Citizen Letters of Commendation............................................................. 5 Article9 Seniority................................................................................................................... 5 Article 10 Compensation Adjustments.................................................................................... 6 10.1 Longevity Compensation......................................................................................... 6 10.2 Special Merit Pay..................................................................................................... 6 10.3 Bilingual Pay............................................................................................................ 6 10.4 Notary Pay............................................................................................................... 7 10.5 PERS Reportability.................................................................................................. 7 Article11 Holiday Pay............................................................................................................ 7 11.1 Assigned Schedule for Holiday Pay......................................................................... 7 11.2 Pro -Rated Holiday Pay............................................................................................ 7 11.3 Scheduled to Work a Holiday................................................................................... 7 11.4 Work Plan for Holiday Pay on Employee's Scheduled Day Off ................................ 8 Article12 City Holidays.......................................................................................................... 8 Article13 Overtime................................................................................................................. 8 13.1 5/40 and 4/10 Workweek......................................................................................... 9 13.2 9/80 Workweek........................................................................................................ 9 13.3 Time Worked........................................................................................................... 9 13.4 Called Back to Work................................................................................................ 9 13.5 Assignments............................................................................................................9 13.6 Administrative Leave..............................................................................................10 Article 14 Overtime Authorization..........................................................................................10 Article 15 Compensatory Time..............................................................................................10 15.1 Accrual...................................................................................................................10 15.2 Time Used for Leave..............................................................................................10 15.3 Cash Out................................................................................................................10 Article 16 Call -Out Policy.......................................................................................................11 Article17 Stand -By Pay........................................................................................................11 17.1 Rotation of Storm -Watch Crews..............................................................................12 17.2 Rotation of Banner Installation/Removal Crews......................................................12 Article 18 Shift Differential Pay..............................................................................................12 Article19 City Uniforms.........................................................................................................13 19.1 Uniforms.................................................................................................................13 19.2 Care of Uniforms.....................................................................................................13 19.3 Wearing of Uniforms...............................................................................................13 19.4 Uniform Replacement.............................................................................................13 19.5 Safety Equipment...................................................................................................13 19.6 Safety Boots/Shoes Allowance...............................................................................13 19.7 Additional Boot Allowance......................................................................................14 19.8 Clothing Allowance.................................................................................................14 Article 20 Temporary Upgrade Assignment...........................................................................14 Article 21 Out -of -Classification Pay.......................................................................................15 21.1 Compensation........................................................................................................15 21.2 Length of Out of Class Assignment.........................................................................15 21.3 Voluntary Out -of -Class Work Exclusion..................................................................15 21.4 Submission of Out -of -Class Work...........................................................................15 Article 22 Probationary Periods.............................................................................................16 22.1 Promotional and Transfer Probation.......................................................................16 Article 23 Eligibility for Merit Increases..................................................................................16 Article 24 Tuition Reimbursement.........................................................................................16 24.1 Required Educational or Training Courses..............................................................17 24.2 Training Time..........................................................................................................17 24.3 Reimbursement......................................................................................................17 Article 25 Employee Computer Purchase Program...............................................................17 Article26 Safety Programs....................................................................................................18 26.1 Safe Driving Program.............................................................................................18 26.2 Injury and Illness Prevention Plan(IIPP).................................................................18 Article 27 Driver's License Renewal......................................................................................19 Article 28 Comprehensive Annual Leave Policy....................................................................19 28.1 CAL Accrual............................................................................................................19 28.2 Requesting Time Off...............................................................................................20 28.3 Scheduling..............................................................................................................20 28.4 Separation of Employment......................................................................................21 28.5 CAL Donations.......................................................................................................22 28.6 Comprehensive Annual Leave Time Cash Out.......................................................22 Article 29 Bereavement Leave..............................................................................................22 Article 30 Leave of Absence under FMLA, CFRA and PDL...................................................23 30.1 Statement of Policy.................................................................................................23 30.2 Employee Notice of Leave......................................................................................23 30.3 Employee Benefits While on Leave........................................................................23 30.4 Substitution of Paid Accrued Leaves......................................................................24 30.5 Medical Certification...............................................................................................24 30.6 Reinstatement upon Return from Leave.................................................................25 30.7 Required Forms......................................................................................................26 30.8 Pregnancy Leave....................................................................................................26 30.9 Alternative Parental Leave......................................................................................27 Article31 Jury Duty...............................................................................................................27 31.1 Defining "Practical" Return to Full Duty...................................................................28 31.2 Supervisor Determination.......................................................................................28 Article32 Military Leave........................................................................................................28 Article 33 Leaves of Absence without Pay.............................................................................29 33.1 Benefits While on Leave without Pay......................................................................29 33.2 Procedure for Requesting Leave of Absence without Pay.......................................29 33.3 Procedure for Unforeseen Circumstances..............................................................30 Article 34 Health and Wellness Benefits................................................................................30 34.1 Health Coverage.....................................................................................................30 34.2 Dental Coverage.....................................................................................................31 34.3 Vision Coverage.....................................................................................................31 34.4 Disability Insurance.................................................................................................31 34.5 Flexible Spending Account.....................................................................................31 34.6 Retiree Medical, Dental and Vision Premium Reimbursement................................31 Article 35 Life Insurance........................................................................................................33 Article36 Retirement.............................................................................................................33 36.1 Tier 3......................................................................................................................33 36.2 Tier 2......................................................................................................................33 36.3 Tier 1......................................................................................................................34 36.4 Survivor Benefits.....................................................................................................34 Article 37 Deferred Compensation........................................................................................34 Article38 Late Starts.............................................................................................................34 Article39 Rest Periods..........................................................................................................35 Article40 Hours of Work.......................................................................................................35 40.1 Participation............................................................................................................35 Article 41 Grievance Procedure.............................................................................................35 41.1 Grievance...............................................................................................................36 41.2 Representation.......................................................................................................36 41.3 Grievance Discussion.............................................................................................36 41.4 Non -Reviewable Grievance....................................................................................36 41.5 Filing of Grievance..................................................................................................36 41.6 Grievance Time Limits............................................................................................36 Article42 Discipline...............................................................................................................37 Article 43 Alcohol and Drug Policy........................................................................................42 Article 44 Reduction in Workforce.........................................................................................42 Article45 Job Actions............................................................................................................43 Article 46 Reasonable Accommodation of Employees with Disabilities.................................43 Article 47 Reclassifications....................................................................................................44 47.2 Reclassification Implementation..............................................................................44 47.1 Reclassification Request Process...........................................................................44 Article 48 Performing Arts/Theater Staff................................................................................45 Article 49 Posting of Vacancies.............................................................................................45 49.1 Internal Only Recruitments......................................................................................45 49.2 External Recruitments.............................................................................................46 Article50 Severability............................................................................................................46 Article 51 Performance Evaluations.......................................................................................46 Article 52 Personnel Rules and Policies................................................................................47 Article 53 Notice to Meet and Confer on Policy Changes......................................................47 Article 54 Reporting Project Employee Hours........................................................................47 Appendix A - Represented Classifications for Regular Employees ............................................. 1 AppendixB — Y-Rated Employees............................................................................................. 3 Appendix C — Article 34.6 Employees........................................................................................ 4 iv Foreword The Memorandum of Understanding is made and entered into between the City of Temecula (hereinafter referred to as the "City"), and the designated the California Teamsters Public, Professional, and Medical Employees Union Local 911 (hereinafter referred to as the "Union") of General Employee Unit of the City of Temecula. Preamble It is the purpose of this Memorandum of Understanding (hereinafter referred to as WOU") to promote and provide for harmonious relations, cooperation, and understanding between the City Management representatives and the General employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum. This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code 3500 et seq.) and has been jointly prepared by the parties. Further, all side letters dated outside of the term of this MOU shall be either incorporated into this MOU, or deemed invalid and unenforceable Article 1 Recognition The City recognizes California Teamsters Public, Professional, and Medical Employees Union Local 911 (hereinafter referred to as the "Union") as the exclusively recognized labor organization representing authorized, regular employees assigned to job classifications as set forth in Appendix "A" of agreement. All bargaining unit employees shall be referred to as "regular employees." Article 2 Implementation This Memorandum constitutes a recommendation to be submitted to the City Council subsequent to ratification by Union members. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: The City Council formally acts, by majority vote, to approve and adopt said Memorandum. Article 3 Term The term of this Memorandum shall commence at 12:00 a.m., July 1, 2021, except as expressly provided otherwise in this agreement, when the terms and conditions for its effectiveness, as set forth in Article 2 Implementation, are fully met. This Memorandum shall expire and otherwise be fully terminated at 11:59 p.m., June 30, 2022. Current terms and conditions of work shall remain in full force and effect until such time a successor can be reached or imposed (per Government Code 3500 et. seq.). Article 4 Authorized Agents For the purpose of administering the terms and provisions of this Memorandum: 4.1 City's Authorized Agent City's principal authorized agent shall be the City Manager or a duly authorized representative, 41000 Main Street, Temecula, CA 92590, (951) 694-6444, except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. 4.2 General Employees Authorized Agent General employees authorized representative or the California Teamsters Public, Professional, and Medical Employees Union Local 911 shall be the duly authorized staff representative (Address: 9900 Flower Street, Bellflower, CA 90706 (562) 595-4518). The Union shall provide a list of authorized representatives (i.e. Union Stewards) to the City upon execution of this Memorandum, and anytime there is a change to that list. Article 5 City Riahts The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions, committees, and boards; set standards of service; to manage the City, schedule working hours; establish, modify or change work schedules or standards; determine the procedures and standards of selection for action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, means and personnel by which operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Article 6 Employee Rights Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer - employee relations, including but not limited to wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by any employee organization because of their exercise of these rights. Article 7 Union Rights 7.1 Agency Shop This section was stricken as a result of Janus v. AFSCME, Council 31 - 138 S. Ct. 2448 (2018). 7.2 New Hire Notification All new regular employees assigned to non -confidential job classifications listed in Appendix A shall be informed by the Human Resources Department, at the time of employment, that a Memorandum of Understanding is in effect for their classification. Human Resources will provide the regular employee with a copy of this Memorandum of 2 Understanding and will collect contact information on a form, mutually developed between the City and the Union, to comply with reporting requirements outlined in A13119. The Human Resources Department will schedule a new hire orientation, which will include a meeting with a Union steward. Pursuant to AB119, the Union will be given a 10-day notice prior to the scheduled orientation. The Union Steward will inform the employee of their option to join the Union, provide the employee with the Union membership enrollment form, and instruct the employee on where to return the membership enrollment form. Within seven (7) working days, the City shall notify the Union of each new regular employee in the bargaining unit, providing the Union the employee's name, classification, date of hire, and pay rate. 7.3 Union Dues Process This section was stricken as a result of Janus v. AFSCME, Council 31 - 138 S. Ct. 2448 (2018), and is covered in section 7.2. 7.4 Religious Exemption This section was stricken as a result of Janus v. AFSCME, Council 31 - 138 S. Ct. 2448 (2018). 7.5 Failure to Elect This section was stricken as a result of Janus v. AFSCME, Council 31 - 138 S. Ct. 2448 (2018). 7.6 Union Dues Collection Upon receipt of a signed Union membership enrollment form from the Union, the Human Resources Department shall initiate deduction of union dues from the employee. Employees on leave without pay, or employees who earn a salary less than the union deduction shall not have a union dues or agency fee deduction for that pay period. For the purposes of this section, leave without pay shall mean that an employee is not receiving any pay in the form of Comprehensive Annual Leave (CAL) time, Compensatory Time, Holiday Pay, or any other type of paid leave benefit such as Workers' Compensation, short-term, or long-term disability payments. The City will notify the Chief Union Steward, on a quarterly basis, of any status changes in the bargaining unit. The Union shall notify the City of any agency fee payer who elects to only pay fair share fees, the fee equal to direct representation costs as determined by the Union's certified financial report. The Union shall notify the City of the amount of the fair share fee to be deducted from the fair share fee payer's paycheck. 7.7 Dues Check Offs The City shall deduct Union dues from the first paycheck of each month and remit to the Union for the duration of this Agreement no later than approximately the 20th of the month. All such monies that employees individually authorize in writing shall comply with appropriate laws and regulations. Cl 7.8 Records On an annual basis, the Union shall provide the Finance Department a copy of the Union's certified financial report as required by Government Code Section 3502.5 (f). The City shall provide the Union a list of all bargaining unit members and dues paying status with each union dues check remitted to the Union. 7.9 Rescission of Agreement The Agency Shop agreement may be rescinded at any time during the term of the Memorandum of Understanding by a majority vote of all the employees in the bargaining unit. A request for such vote must be supported by a petition containing the signatures of at least thirty (30) percent of the employees in the unit. The election shall be by secret ballot and conducted by the California State Mediation and Conciliation Service and in accordance with state law. 7.10 Indemnification The Union shall indemnify, defend and hold the City harmless from and against all claims, demands and liabilities and other actions relating to the City's implementation and compliance with this agreement. 7.11 Bargaining Unit Communications The Union shall be provided suitable and adequate space on designated City bulletin boards at reasonable work locations for posting information concerning official Union business and activities. All postings shall contain the date of the posting and the identification of the document as a Union sponsored publication. All postings shall be done by an authorized Union representative after the following procedure is followed. Procedure A. All posted materials must be approved by the Human Resources Department. B. Posted materials must be dated by Human Resources Department and may be removed by the Human Resources Department and/or the Union after ten (10) calendar days. C. Unauthorized materials may not be posted on City bulletin boards. City Email The Union may utilize the City's e-mail system for bargaining unit communication, with prior Human Resources approval. 7.12 Union Roster The Union shall provide the City, and shall maintain, a current list of the names and all authorized representatives of the General Employee Unit. 7.13 Employee Representatives 4 Four (4) Union Stewards, along with three (3) alternate Union Stewards, will be allowed reasonable release time from regularly scheduled duties to attend meet and confer sessions as designated by City Management. Because of the potential impact on the operation of an individual department, the four (4) Union Stewards, along with three (3) alternate Union Stewards, shall not have more than two (2) absent at one time from the same department. Employee representatives shall receive reasonable release time to investigate and present grievances; and attend Union sponsored training with prior approval from the Human Resources Department (training not to exceed more than 2 times per year). The City Manager agrees to meet with Union representatives on an as -needed basis, on a mutually agreeable date and time, at a mutually agreeable location. Either party wanting to meet shall make such request in writing. These meetings shall not be used to bypass any meet and confer process already in progress. Article 8 Personnel Files The official personnel file of each employee shall be maintained in the Human Resources Department. A bargaining unit member and/or a Union representative authorized by the member, in writing, may review or obtain copies of material from the employee's file with the exception of material that includes ratings, reports or records which are obtained prior to the employment of the employee involved. 8.1 Derogatory Material Derogatory written materials (generally written reprimands and disciplinary suspension, excluding performance evaluation) shall be removed from an employee's official file in the Human Resources Department, providing there have been no further occurrences of documented violations, at the employee's request. Written reprimands are eligible to be removed, after two (2) years and disciplinary suspension after three (3) years if above criteria have been met. In order for the derogatory written materials to be removed, the Human Resources Department must receive a formal written request from the employee to remove such materials. 8.2 Derogatory Material on File Regular employees shall be provided a copy of any derogatory material that is to be placed in their official file kept within the Human Resources Department. 8.3 Customer/Citizen Letters of Commendation All customer or citizen letters of a positive nature and/or any City commendations, letters of achievements and recognition will be placed in the employee's personnel file, at the employee's request. Article 9 Seniority For the purpose of this Memorandum, "seniority" shall mean a bargaining unit member's total continuous length of employment with the City in a regular, allocated position, based on the employee's most recent hire date. Continuous length of employment shall include actual time worked, authorized leave of absence with or without pay, military leave, family leave and injury leave without pay not to exceed one (1) year. Except for military leave, a single injury leave above one (1) year will not be counted for purposes of calculating seniority. Article 10 Compensation Adiustments Wages: Effective July 1, 2019, all employees subject to this agreement shall receive a Cost of Living Adjustment equivalent to the lower of either the percentage change of the CPI for Urban and Clerical Workers for Riverside -San Bernardino -Ontario, CA for January 2019 compared to January 2018, or 3%. If the CPI comparison is negative, the Cost of Living Adjustment shall be 0%. The HR Department shall notify employees as soon as practicable in 2019 as to what the wage increase will be in 2019. 10.1 Longevity Compensation Upon completion of ten (10) years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $350. Upon completion of 15 years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $500. Upon completion of 20 years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $750. Upon completion of 25 years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $1,000. 10.2 Special Merit Pay In an effort to recognize and reward sustained superior performance, the City will provide a Special Merit Pay Program to eligible regular employees. All regular employees will be eligible for $500 in Special Merit Pay, on their service anniversary date, if they have a rating of "commendable or outstanding" on three (3) out of their last five (5) annual evaluations. The overall rating category will be used to determine eligibility. The overall rating needs to be commendable or outstanding including + or —. Combination ratings such as Typically Meets/Commendable (T/C) will not be counted as an eligible rating but a combination of Commendable/Outstanding will qualify. Should there be a change to the rating categories as a result of revisions to the City's Performance Evaluation format, the City agrees to meet and confer to discuss needed adjustments to Article 10.2. If a regular employee's annual evaluation is 90 days overdue and they are eligible for Special Merit Pay, a rating of "commendable or outstanding" will be required on only two (2) out of the employee's last four (4) annual evaluations. The Special Merit Pay will be paid to an eligible employee as soon as practicable following the 90-day period. 10.3 Bilingual Pay 0 Regular employees who have demonstrated the ability, by passing an annual City administered test, to translate both written and spoken Spanish, will receive $50 per pay period for bilingual compensation. This bilingual compensation is provided as an incentive to recruit and retain bilingual employees in order to ensure that the City provides quality customer service to residents. For the purpose of this policy, the City will provide bilingual compensation to a maximum of two (2) regular employees in each operating department. If more than two (2) employees are eligible, actual compensation will be awarded based on the two (2) highest scores on the annual City administered test. Based on service level needs, the number of eligible employees can be modified by the City Manager or designee, to meet the City's needs. 10.4 Notary Pay The City will provide $25.00 per pay period to employees who maintain a public notary and who are designated by the City as a Public Notary. 10.5 PERS Reportability The City makes no representation as to whether any of the compensation or payments in this Agreement are subject to CalPERS service credit or pensionable income. Employees/Union expressly acknowledge that any determination by CalPERS to not fully credit the compensation and/or service time provided under this Agreement is not a proper basis on which to void the Agreement. Employees/Union further acknowledge that they will not pursue any claim or action against the City related to any determination made by CalPERS in connection with this Agreement. Article 11 Holiday Pay 11.1 Assigned Schedule for Holiday Pay Based upon the eligible employee's assigned schedule, they will receive holiday pay for eight (8), or nine (9), or ten (10) hours, depending on the employee's work schedule for the applicable City observed holiday, 11.2 Pro -Rated Holiday Pay Regular part-time employees receive holiday pay on a pro -rated basis based on the employee's assigned work schedule. 11.3 Scheduled to Work a Holiday Work on a holiday: if a regular non-exempt employee is required to work on a holiday, then that employee will be paid for the actual hours of work at the rate of one and one half times that employee's regular rate. In addition, the employee will be paid holiday pay in accordance with the above plus shift differential (Article 18). Those employees on stand- by status, who work on a City holiday, should be compensated as outlined in Article 17 (Stand-by Pay). FA 11.4 Work Plan for Holiday Pay on Employee's Scheduled Day Off If a holiday occurs on an employee's scheduled day off, the employee will receive holiday pay in the amount of eight (8), nine (9), or ten (10) hour increments, as applicable, preceding the observed holiday. Article 12 City Holidays Regular employees receive a total of 12 City holidays each calendar year. The City observes the following 11 fixed holidays: New Year's Day Martin Luther King, Jr. Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Day '/2 day — Christmas Eve Afternoon Christmas Day '/2 day — New Year's Eve Afternoon Observance: holidays which fall on a Saturday will normally be observed on the preceding Friday, holidays which fall on a Sunday will normally be observed on the following Monday. The City Manager will determine the actual dates on which holidays will be observed each year. In the case of the'/2 day holiday observances, City facilities will be closed to the public at noon. Either an eight (8), nine (9), or ten (10) hour floating holiday is provided at the beginning of each fiscal year depending on the employee's assigned work plan. The floating holiday hours will be pro -rated at the time of hire. When using a floating holiday, employee must use the hours in one block. The floating holiday cannot be used to make up time for being short time during a regular workday. The floating holiday needs to be treated as a regular City observed holiday. The floating holiday may not be carried over year to year and cannot be cashed out at the end of a fiscal year. Eligibility: regular employees who are on paid status (i.e.: receiving regular wages or using a paid time off such as CAL or comp time) for their entire regular work shifts immediately prior to and immediately following the holiday will be paid for the holiday. Partial wage replacement such as Workers' Compensation or short-term and long-term disability payments shall be considered paid status for the purpose of eligibility. Article 13 Overtime With the exception of Article 13.6, Article 13 applies to non-exempt, regular employees. The City shall comply with the Fair Labor Standards Act. All employees required to perform in excess of 40 hours in a workweek, as defined in Sections 13.1 and 13.2, shall receive compensation at the rate of time and one-half of the employee's regular rate of pay for hours worked in excess of 40 hours. All employees required to perform work in excess of 12 hours in a workday shall receive compensation at the rate of double the time of the employee's regular rate of pay for those hours in excess of 12 hours. 0 In determining a regular employee's eligibility for overtime, paid and unpaid time off, as listed below, shall be excluded from the total hours worked. Also excluded are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. Paid time off includes, but is not limited to, the following: A. Unscheduled Comprehensive Annual Leave B. Unscheduled Compensatory Time C. Administrative Leave D. Jury Duty E. Bereavement Leave F. Military Leave There shall be no pyramiding of overtime, except for shift differential pay, as outlined in Article 18. Time worked shall be computed by rounding to the nearest 15 minute increment. As defined, if less than 7 minutes are worked then time worked will be rounded down and if the employee works between 7 and 15 minutes, then time worked will be rounded up. Employees may elect to receive compensation or bank the overtime hours in accordance with Article 15 (Compensatory Time). In addition, the following provisions apply: 13.1 5140 and 4/10 Workweek Workweek defined: for the purpose of computing overtime, the workweek for regular employees who work the 5/40 or 4/10 schedule is a seven (7) day period beginning at 12:01 a.m. on each Saturday and ending at midnight on each Friday. 13.2 9/80 Workweek Workweek defined: for the purpose of computing overtime, the workweek for regular employees who work the 9/80 schedule is a seven (7) day period beginning exactly four hours after the start time of the regular employee's work schedule on the day of the week the employee is scheduled to work eight (8) hours. 13.3 Time Worked Time worked: for purposes of this policy, hours worked include only those hours in which the regular employee performs services authorized by the City. 13.4 Called Back to Work A regular employee who is called back to work following the end of their regularly scheduled work shift and proceeds to work more than five (5) consecutive overtime hours shall then be entitled to an eight (8) hour rest period without compensation, upon completion of the assignment and upon leaving the duty station. If the eight (8) hour rest period extends into the employee's next regularly scheduled work shift, the employee shall suffer no loss of pay or accrued leave as a result thereof. As is practical, employees who have earned a rest period shall be relieved at the start of their regular work shift in order to take such rest period. 13.5 Assignments 4 Overtime assignments will be offered through an equitable process. Assignments for scheduled events will first be offered to volunteer(s). Assignments for unscheduled events will be issued based upon qualifications, experience, and resources needed. 13.6 Administrative Leave Bargaining unit employees designated as exempt under the Fair Labor Standards Act (FLSA) shall be afforded 40 hours of Administrative Leave annually as an offset for not being able to earn overtime, Compensatory Time, Call -Out pay, Stand -By pay, or Shift Differential pay. Administrative leave will be provided at the beginning of each fiscal year and must be taken during the fiscal year that it is acquired. If this leave is not taken during the year it is acquired, it will be cashed out with the CAL cash out pay period in June. Article 14 Overtime Authorization This Article applies to non-exempt regular employees. No regular employee shall work overtime unless the working of overtime hours has been specifically authorized in advance, if possible, by the employee's supervisor. Violations of this article can result in disciplinary actions pursuant to Article 42 (Discipline) and the City's Disciplinary Policy. Article 15 Compensatory Time This Article applies to non-exempt regular employees. In lieu of receiving overtime pay pursuant to Article 13 (Overtime) and Article 14 (Overtime Authorization) a regular employee may elect, to receive compensatory time off on a time and one- half basis for each hour worked. In addition, the following shall apply regulating the usage of compensatory time off: 15.1 Accrual No regular employee shall accrue more than 80 hours of compensatory time. 15.2 Time Used for Leave Compensatory Time may be used for leave subject to scheduling in accordance with Article 28 (Comprehensive Annual Leave) of this M.O.U. 15.3 Cash Out All compensatory time that is available to a regular employee will be cashed out, at full value, and given to the employee in a pay period between November 15 and December 10. The compensatory time cash out will be paid out on a separate check. Under sole discretion of the City Manager, employees may carryover a maximum of 80 hours of Compensatory Time that would need to be used within 60 days. Requests to carry over Compensatory Time shall be made in writing to the Human Resources Department by November 1st 10 Article 16 Call -Out Policy This Article applies to non-exempt regular employees. Call -out duty applies to all regular employees and occurs when any City employee is required to perform services not in conjunction with a regularly scheduled work shift. For the purpose of this policy, there are two types of call -out. The first is when an employee is required to physically leave their residence and report to duty. This is termed, a response call -out. The second type of call - out is termed a non -response call -out and occurs when an employee is contacted remotely and can resolve the problem without having to physically leave their residence and report to work. Regular employees who are designated as on stand-by status when called out will be compensated from the time they leave their residence to the time that they return to their residence. Employees who are not designated on stand-by status and are called out will receive compensation for the time they leave their residence to the time that they leave the duty station. Regular employees who have a response call -out will be credited with all hours worked; with a minimum of three (3) hours, including travel time, at one and one-half times the regular (non - overtime) rate of pay. In addition, call -out Pay will be paid to employees and cannot be included in any Comp Time bank. Regular employees who have a non -response call -out will be compensated at one (1) hour of time and one-half, if the non -response call -out occurs between 6:31 a.m. and 12 midnight. If the non -response call -out occurs between 12:01 a.m. and 6:30 a.m., the employee will be compensated at two (2) hours of one and one-half times regular (non -overtime) rate of pay. If applicable, employees are subject to the provisions of Article 13 (Overtime) regarding rest periods during call -out situations. Article 17 Stand -By Pay This Article applies to non-exempt regular employees. In any situation where a regular employee has been in a designated "stand-by" status and is to remain on -call, the employee shall be compensated at the rate of $230 for each seven (7) day stand-by period or pro -rated on a daily basis ($32.86/day). Employees who are designated as on stand-by status when called out will be compensated from the time they leave their residence to the time that they return to their residence. Employees may also be designated on stand-by status for individual days and stand-by status can be applied to any regular employee. Compensation for daily stand-by pay will be computed at 1/7 of the weekly amount described above. Assignments for stand-by duty will be scheduled on a rotational basis. This 7-day stand-by period includes designated weekdays off that are part of an alternative Work Plan, as well as weekends and holidays. If applicable, regular employees are subject to the provisions of Article 13 (Overtime) regarding rest periods during stand-by situations. Regular employees on stand-by status shall be required, at all times, to carry a functioning, City provided cell phone and be able to respond within 15 minutes of being contacted. Upon responding, the employee must give an estimated response time to the caller. In addition, employees are expected to maintain a level of fitness for duty that is required for your normal work schedule. 11 Regular employees designated as stand-by on a City holiday will receive an additional $50 for that day. A: Substitution of stand-by duty: Supervisor must approve all substitutions. There are two (2) types of substitutions related to stand by duty, as follows: Straight Substitution: Employee may request co-worker substitution, subject to approval of supervisor with minimum of 48 hours' notice. Substitutions shall not be assigned between employees. In this instance, the supervisor will, to the extent possible, solicit and assign volunteers through a lottery system. 2. Emergency Substitution: In an emergency situation (employee or City related), or with less than 48 hours prior notice, your supervisor shall assign a qualified substitute, (including additional employees) to provide standby coverage. In both instances above the substituting employee will receive the appropriate daily rate of 1/7 of weekly amount described above for each standby duty day. 17.1 Rotation of Storm -Watch Crews As regular employees of the public sector, all City employees are designated as Disaster Service Workers by the California Government Code. In association with this designation, the Public Works Maintenance Superintendent, or designee, may implement a Storm - Watch Schedule to protect public interests in the event that existing or impending weather conditions and/or reports indicate the potential for flooding or other severe storm related problems exist. 17.2 Rotation of Banner Installation/Removal Crews Pursuant to a quarterly schedule prepared by the Public Works Management, the Public Works Maintenance Division employees may be assigned to Banner Installation/Removal Crews for special event purposes throughout the year. Article 18 Shift Differential Pay This Article applies to non-exempt regular employees. Regular employees are eligible to receive a 5% shift differential (above their appropriate rate of pay) for all hours worked on Sundays, holidays, and the hours worked between 10 p.m. and 6 a.m. Any overtime worked on Sundays, holidays, and the hours between 10 p.m. and 6 a.m. will be based on the shift differential overtime rate. During the term of this agreement, shift differential will be provided to traffic signal staff for all work conducted on Saturdays. The City reserves the right to change how responses are handled relative to traffic signal service needs on weekends. Regular employees are eligible to receive a 5% split shift differential (above their appropriate rate of pay) for all hours worked in a 8-, 9- or 10-hour day where their regularly scheduled shift is split into segments with two hours or more between segments. 12 Article 19 City Uniforms City uniforms provide easy identification for customers and the public, a professional appearance, and a convenience for City employees. Each field employee in Fire, Community Development, Public Works, and Community Services is responsible for wearing a City furnished uniform at all times while performing City -related work. 19.1 Uniforms The City shall provide designated field employees with uniforms. The uniforms consist of shirts and pants. Departments will annually provide a minimum of five (5) City staff shirts (style determined by individual departments) to field employees in Fire, Community Development, Public Works, and Community Services. Department Directors may authorize additional City provided shirts based upon operational needs. In lieu of uniform pants and at the employee's request, jeans will be provided to field employees through the City's uniform company. 19.2 Care of Uniforms The City shall provide laundry service for the uniforms. Each field employee shall take proper care of uniforms and maintain high standards of personal grooming and neatness. Hair, jewelry and accessories must not impede the safe and efficient execution of assigned duties. 19.3 Wearing of Uniforms A uniform, or any part of it, shall be worn only during working hours and while traveling to and from work. City uniforms may only be worn outside of work hours with department authorization. 19.4 Uniform Replacement The City will determine the need for, and timing of, employee's uniform replacement. 19.5 Safety Equipment The City provides each field employee with appropriate safety equipment, as determined by each supervisor. 19.6 Safety Boots/Shoes Allowance Safety boots or shoes, as determined by the City, shall be worn with the uniform. Ordinary tennis shoes, sandals, etc., are not permitted without specific department approval for safety reasons. The safety boot/shoes allowance is $175. For designated staff, the boot allowance will be paid in the first full pay period of July. Regular employees receiving the boot allowance must wear boots that are appropriate for their duties and said boots must be maintained in a good/safe condition. 13 19.7 Additional Boot Allowance If field staff require specialized boots or have unusual wear and tear because of work functions (special needs shall be supported with a formal request and appropriate documentation to the supervisor for approval) additional boot allowance may be provided at the discretion of the Department Director. 19.8 Clothing Allowance Regular employees in the classification of Building Inspectors, Landscape Inspectors, Public Works Inspectors, Code Enforcement Officers, and Fire Inspectors, are eligible for an annual clothing allowance of $125. This allowance is intended to cover the cost of replacing clothes due to field hazards and normal wear and tear. In addition, all field employees are required to wear collared shirts, presentable work pants and applicable safety shoes. The clothing allowance will be given in the first full pay period of July. Article 20 Temporary Upgrade Assignment As a result of vacancies, leaves of absence or other reasons, it may be necessary to temporarily reassign the duties of an authorized position to another employee. When such assignments require the employee to assume significant additional duties, which are outside the scope of the employee's regular assignment, it is appropriate to adjust the employee's salary to reflect the interim changes. This policy allows the City to temporarily upgrade the affected employee. It is the responsibility of the Department Director to notify Human Resources Department, in writing, to implement the temporary upgrade for any affected employee. Human Resources will, in turn, notify the union when a temporary upgrade is initiated and/or terminated. With the approval of the City Manager, an employee may be temporarily appointed to a higher level classification to perform additional duties, on an interim basis, provided that all the following criteria are satisfied: A. The higher level position is vacant and is approved by the City Manager for new or continued staffing, B. The duties of the higher level position are outside of the scope of the employee's current classification, as determined by the City Manager or designee, C. The vacancy is expected to continue for at least 15 business days, but not longer than one (1) calendar year, and, D. The employee possesses the minimum qualifications or the requisite knowledge, skills and abilities to perform the work of the higher classification. Salary: the salary of an employee in a Temporary Upgrade Assignment shall be increased between 5% and 10% for the period of the temporary assignment, or to the first step in the range of the temporary classification, whichever is greater. If an employee is performing duties of a non - represented management classification as part of the temporary upgrade, the employee's salary shall be increased by approximately 10%, or to the first step in the range of the temporary classification, whichever is greater, and shall be subject to the FLSA designation (i.e. exempt vs. non-exempt) of the management position. Employees who are non-exempt, but assume an exempt Temporary Upgrade Assignment shall accrue Administrative/Executive Leave on a pro- rated basis. If a position is created (i.e. a classification does not already exist) for a Temporary Upgrade Assignment, the range shall be set at the lowest range found in the Classification Level in the Classification Structure following an internal assessment justifying said placement. The 14 difference between an employee's usual pay and temporary upgrade pay will only be reported to CalPERS as income to the extent permissible by law. Human Resources will provide copies of, and/or citations to, the applicable law(s) upon request of the employee. The City Manager, or a designee, shall establish the effective dates of a Temporary Upgrade Assignment. In addition, the employee assigned to perform the duties of a higher classification shall not serve for more than 180 calendar days in a higher classification unless the vacancy is ongoing due to extenuating circumstances and approved by the City Manager. In the event an employee serves in a Temporary Upgrade Assignment for more than 1-year, the employee will be eligible for a review evaluating their performance in the temporary upgraded assignment. A compensation increase may be granted as a result of this review if the employee is not at the top step of the upgraded assignment salary range. Consistent with the temporary upgrade assignment, any compensation increase associated with an annual review will also expire upon completion of the temporary upgrade assignment. Article 21 Out -of -Classification Pay Employees may be assigned to perform a portion of the duties of a position in a higher classification on a temporary basis. Such assignments shall be termed "out of classification" or "out -of -class" work. Out -of -class work is only subject to out -of -class compensation when the employee is assigned by Employee's Department Head, or by such person designated by Department Head, to perform work of a higher job classification. A vacancy is not required to qualify for out -of -class pay. It is understood that, from time to time, a Department Director may assign a temporary project or task to an employee which requires a higher level of responsibility, knowledge, skills, and/or abilities than is outlined in his/her current Classification Specification. It is recognized that the infrequent assigning of such project or tasks is meant to be non -habitual and does not constitute out of classification work subject to reclassification process as outlined in Article 47 (Reclassifications). 21.1 Compensation City agrees to compensate Employees, at that certain step in the salary range of the higher classification which generates an increase above the employee's current salary of not less than five percent (5%). Employee shall be compensated on an hour -for -hour basis for out - of -class work for each instance where out -of -class work is assigned. 21.2 Length of Out of Class Assignment Employees shall not remain in out -of -class pay for more than 180 cumulative calendar days per assignment. 21.3 Voluntary Out -of -Class Work Exclusion It is understood that in an effort to assist Employees in obtaining experience or training for future promotional opportunities, Employees may from time to time volunteer to perform the duties of a higher job classification. Such voluntary performance on the part of employees shall not be eligible for compensation as out -of -class pay. 21.4 Submission of Out -of -Class Work 15 Out -of -classification work must be reported on the timesheet that corresponds with the pay period it was worked. Under no circumstances shall compensation for out -of - classification work be issued more than ninety (90) days retroactively, unless previously approved by the City Manager. Article 22 Probationary Periods All appointments, excluding promotional appointments, shall be subject to a probationary period of not less than one (1) year of employment in the position. An employee on their original probation shall receive an evaluation at three (3) months, six (6) months and nine (9) months. The City can extend probation for a maximum of six (6) months. Employees will successfully pass probation if no extension is implemented and if no evaluation is provided by the last day of the probationary period. Passing probation is also not contingent on an employee receiving a probationary evaluation on time. 22.1 Promotional and Transfer Probation Promotional and transfer probationary appointments shall be subject to a probationary period of not less than six (6) months of employment in the position. During the probation period, the employee may be rejected at any time regardless of service without the right of a hearing or appeal. Any employee rejected during a promotional probation to which they have been promoted shall be reinstated to a position in the class from which they were promoted unless they were discharged for cause from the City. Article 23 Eliaibility for Merit Increases Each probationary or regular employee will be considered for, but is not guaranteed, a merit adjustment annually at their regular or adjusted performance evaluation date. Merit adjustments may be denied, deferred for future consideration, or granted at .5, 1, or 1.5 step intervals, at the Department Director's discretion and subject to City Manager's approval. During the life of this agreement, supervisors and managers shall conduct performance evaluation meetings within 30 days of the employee's performance evaluation due date. Regular and Promotional Probationary employees are eligible for merit adjustments at or near the completion of their one (1) year of continuous service in their current position and annually thereafter, provided that the employee is not a Y-Rated employee, has not changed positions, or is not at the maximum rate for their salary range. Approved merit adjustments will be retroactive to the official evaluation due date. Article 24 Tuition Reimbursement When a regular employee is ready to enroll in courses and receive tuition reimbursement, the employee must receive supervisor pre -approval for the tuition reimbursement. If approved, the supervisor shall submit a pre -approval form to Human Resources for consideration. As a condition of being reimbursed, the employee will agree to continue employment with the City for one (1) year beyond the date of the receipt of the reimbursement. If the employee leaves the City, the amount of the reimbursement will be due to the City. Reimbursement is limited to no more than $1,200 for training or educational expenses in any one (1) fiscal year. Additional funds may be approved on appeal to the City Manager. 16 24.1 Required Educational or Training Courses Any educational or training course that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City. Any other educational or training course that is job related shall, if prior approval for reimbursement is given by the City Manager or a designee, be reimbursed 100% after successful completion. All college or other graded classes shall require a minimum grade of a "C" in order to receive such reimbursement. Books or other materials shall only be paid for if some defined benefit can be shown to the City (i.e. books become part of the City reference library). Once the employee has received their official course grade, they then attach appropriate receipts and proof of grades to the City's Tuition Reimbursement form, complete the employee portion, have their Supervisor/Department Director complete their portion and submit the completed packet to Human Resources Department. Once reviewed and approved by Human Resources, the approved packet is submitted to the Department of Finance for processing. The employee will receive their approved tuition reimbursement amount on the next pay period. 24.2 Training Time In general, training time during working hours shall be considered part of employment. Non -mandatory training after hours shall be considered voluntary, and no additional pay, overtime or compensatory time shall be given by the City, unless advanced special written approval is granted. Study time shall be considered completely voluntary. 24.3 Reimbursement Although the City applauds employees for their efforts in pursuit of additional education, the City shall not pay for educational degrees or for education in general, but will only reimburse employees for required or job -related classes and training. No reimbursement shall occur if an educational class does not provide a benefit to the City. The only exception to this is the City will reimburse employees for three (3) general education classes, as long as the classes are a part of a degree or certificate program. These three (3) classes must be approved, in advance, as required by this policy. There is no mileage reimbursement for travel to and from educational classes. Required forms must be completed and necessary documentation (receipts and grades) must be provided, in order to receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be made by the City Manager after review of the request and recommendations by the Department Director and the Director of Human Resources/Risk Management. Article 25 Employee Computer Purchase Program This program allows regular employees to borrow, at no interest, up to $2,000 to purchase a personal computer, Pad and/or similar "computer tablet" devices, and related accessories with a loan repayment plan of up to 24 months. An employee must show proof of payment (i.e. not simply proof of order), and may only have one loan outstanding under this program at any time. To qualify for the program, employees must be a regular employee, and have successfully passed their initial probationary period. 17 Loans are made to employees as reimbursement of costs (see Employee Computer Purchase Program Administrative Guideline for further details). Repayment will be made through equal biweekly payroll deductions over a maximum period of up to 24 months. At the time of submittal, employees have the option to request a 12-month loan. Repayment in full will be accepted at any time, without penalty to the employee. Loan repayment shall commence within two to four weeks of receiving disbursement. In the event of termination of employment for any reason, the entire unpaid balance shall immediately be due and payable, without notice. Any remaining unpaid balance shall first be deducted from the final paycheck to the extent allowed by law. In the event the final paycheck is not sufficient to pay off the principal sum, then any resultant balance must be paid, in full, with other resources of the borrower. Article 26 Safety Programs 26.1 Safe Driving Program Bargaining Unit employees, who are assigned to a City vehicle, are eligible to participate in the Safe Driving Program. Employees assigned to pool vehicles do not qualify. Eligible employees must not have been in any "preventable" vehicle accidents during any given full fiscal year. An accident is any event involving a City vehicle resulting in or causing personal injury or damage to any person, object, or property in an amount exceeding $150 in total damages. The City Safety Committee will determine whether the accident was "preventable" or "non - preventable" if the employee and the City do not agree on the determination of whether an accident was "preventable" or "non -preventable." Preventable - the employee failed to do everything possible to prevent the accident, including anticipating the hazard and applying the appropriate defensive driving procedures. Non -Preventable - the employee did everything possible to prevent the accident, including anticipating the hazard and applying the appropriate defensive driving procedures. For the period of July 1 through June 30 of each Fiscal Year, qualifying employees who experience no "preventable" accidents will be credited with five (5) additional floating holiday hours as described in Article 12 (City Holidays). These five (5) additional floating holiday hours will be deposited in the first pay period of the subsequent Fiscal Year. The five (5) additional floating holiday hours must be used in one block, and the City Manager (or his/her designee) will pre -approve an afternoon where eligible employees can take the time off together if they choose to participate. All other provisions of Article 12 (City Holidays) shall apply to the use of the five (5) additional floating holiday hours. 26.2 Injury and Illness Prevention Plan (IIPP) It is the intention of the City of Temecula to maintain a safe and healthy work environment for all employees. This Injury and Illness Prevention Plan (IIPP) was designed to promote a safe work environment. To meet this goal, it shall be the policy of the City of Temecula to give precedence to safety above expediency of any operation and to comply with established state laws and City ordinances and standards. Continued efforts in safety education, field operational review, working condition safety and accident prevention analysis, in conjunction with active participation by supervisors and employees, will ensure a successful Injury and Illness Prevention Plan (IIPP). Article 27 Driver's License Renewal It is the employee's responsibility to carry a valid driver's license when driving a City vehicle or on City business. For employees in positions that require a California Commercial driver's license (Class A & B or Class C with a passenger endorsement), renewal requirements, DMV fees, physicals and training are to be paid by the City. Release time: for the purposes of obtaining and/or renewing a Commercial Driver's Licenses, pursuant to the scope of responsibilities within their classification specification and upon supervisory approval, employees are provided release time to process paperwork at the DMV. Paid release time shall not be granted if the employee's license has already expired. When an employee is notified by the Department of Motor Vehicles that their Commercial Driver's License is about to expire, the employee needs to follow the DMV instruction for Commercial Driver's License renewals. Once the renewal process is completed, proof of the renewal (Medical Examiner Certificate) must be submitted to Human Resources for verification purposes. Article 28 Comprehensive Annual Leave Policy The intent of this policy is to ensure that all employees have an adequate amount of authorized time off each year for rest and relaxation, personal business or personal/family illness. Regular employees earn Comprehensive Annual Leave from the date of hire. 28.1 CAL Accrual Regular employees who are paid for less than 80 hours in a pay period will earn Comprehensive Annual Leave credits on a pro -rated basis for that pay period. The CAL accrual rate for FLSA non-exempt employees is as follows: Annual Increment Annual Leave (hours) Biweekly Accrual Rate (hours/pay period) Maximum Accumulation (hours) Hire Date 161 6.192 322 2-4 Years 177 6.808 354 4-6 Years 217 8.346 434 6-8 Years 233 8.962 466 8-10 Years 249 9.577 498 10+ Years 273 10.500 546 15+ Years 273 10.500 626 The CAL accrual rate for FLSA exempt employees is as follows: Annual Annual Leave Biweekly Maximum Increment (hours) Accrual Rate Accumulation (hours/pay period) (hours) 19 Hire Date 177 6.808 354 2-4 Years 193 7.423 386 4-6 Years 233 8.962 466 6-8 Years 249 9.577 498 8-10 Years 265 10.192 530 10+ Years 289 11.115 578 15+ Years 289 11.115 658 Annual leave accrual: annual leave will be earned on a prorated rate each pay period. Maximum balance: The maximum accrued unused Comprehensive Annual Leave accumulation, which an employee may have at any one time, is two (2) times the employee's annual accrual. Employees with 15 or more years of service may accrue up to a maximum of two (2) times the employee's annual accrual, plus 80 hours. However, the City Manager may grant an employee, on a case by case basis, the ability to accrue annual leave above two (2) times the annual accrual limit for good cause shown. 28.2 Requesting Time Off A leave request form is to be submitted by the employee and approved by the employee's supervisor prior to the leave commencing. In the event of an unforeseen absence, the employee shall contact their immediate supervisor or representative as directed by the Department Director within 30 minutes of the start of their normal scheduled shift. If a regular employee requests specific days off at least six weeks in advance, and if that request is otherwise proper under this Article, that time shall be considered locked and cannot be displaced by a non -regular employee seeking to take the same time off. 28.3 Scheduling The scheduling of Comprehensive Annual Leave shall be determined by the employee's supervisor based upon: first, the needs of the City; second, the employee's request; and then seniority. Departments will determine a schedule as to when they will route their departmental vacation calendar. Employees with greater seniority within the department will be given the first opportunity to select their vacation. If after the needs of the City and the employee's request have been taken into consideration, and two (2) employees have requested the same period of time off, which will cause a staffing conflict within the same job area or function, seniority will be used as the determining factor as to who will receive the requested time off. However, if the same staffing conflict arises the following year, and seniority was used as the basis for resolving that conflict in the previous year, the employee granted that time off in question the previous year will not be granted the same period of time off in the subsequent year only. A leave request form needs to be submitted by the regular employee and approved by the employee's supervisor prior to the leave commencing. Scheduled CAL Leave needs to be approved 48 hours in advance by the employee's supervisor. If a CAL Leave request is submitted less than 48 hours in advance, the supervisor is under no obligation to approve the CAL Leave request. Supervisors shall return the time off request form to the employee, with their signature approval, within a reasonable time which is outlined in the policy below. The supervisor is encouraged to make their decision within 24 hours of the request; 20 however, in the event that additional time is needed, this decision should be generally made within five (5) business days. If the request is submitted less than 48 hours prior to the specified time off, the supervisor will be under no compulsion to approve the request based on the MOU language. The above noted turnaround time for this approval is also important when considering an employee's request for multiple time -off requests over the course of a year. The MOU and current City policy do not require an employee to have a designated number of CAL hours available in order to take scheduled time off. However, the employee must have enough hours in their CAL Leave bank to cover their leave request, before the scheduled leave commences. If there are insufficient CAL hours in the employee's bank when the scheduled time off is about to commence, the supervisor may use their authority to cancel the abovementioned scheduled time off. If the requested leave is relating to a personal issue, the employee has the option of stating "personal" for the reason and the supervisor need not ask for a more detailed explanation. The supervisor can offer the City's Employee Assistance Program (EAP) if deemed appropriate. The City strongly encourages that all employees keep a "safe" number of available CAL hours in case of unforeseen needs or to satisfy the time needed to get through a disability elimination period, illness or personal leave. Prior authorized leave of absences such as workers' compensation, disability, or extended illness should not be factored in when approving/disapproving time -off requests. In addition, the City encourages communication between employees and designated supervisors. It is acceptable for the employee and supervisor to agree on a conditional approval of vacation time and that the terms of this conditional approval are documented on the Leave Form. In lieu of Article 41 (Grievance Procedure), any disputes that arise out of the scheduling of CAL time, will be handled by Human Resources Department. The determination of Human Resources will be final and no formal grievance may be filed in CAL scheduling. Holidays during Comprehensive Annual Leave: City holidays which occur during an employee's Comprehensive Annual Leave are not deducted from Comprehensive Annual Leave balance. 28.4 Separation of Employment Upon separation from employment from the City, an employee shall be entitled to cash out any remaining Comprehensive Annual Leave balance at regular, non -overtime rate of pay. An employee may run out remaining Comprehensive Annual Leave balance in lieu of a cash out (i.e. terminal leave) if the employee provides a minimum notice of 45 calendar days before the terminal leave commences. In cases with extraordinary circumstances, terminal leave requested with less than 45 calendar days' notice are subject to approval at the sole discretion of the City Manager. In all instances, written notice of separation from employment shall: 1) include the final date of employment; 2) be final and irrevocable; and, 3) may be accepted by the employee's supervisor, manager, director, or the Human Resources Department. An 21 employee on terminal leave who engages in work without prior approval from their Department Director will be separated from employment immediately. 28.5 CAL Donations An employee may request the use of CAL donations in extraordinary situations or if in the event of a medical hardship to the employee or an immediate family member of the employee. Refer to Article 29 (Bereavement Leave) for definition of family member. A "medical hardship" is defined as a serious medical condition that would require the prolonged absence of the employee from duty and would result in a substantial loss of income to the employee because the employee would have and would be required to exhaust all of their available paid leave. Upon approval from the City Manager, or designee, the employee may use up to a maximum of 160 hours of donated CAL per fiscal year. The City reserves the right to request a physician's verification of the medical condition. In addition, the application of this section is independent of any federal or state mandated protected leave (e.g., FMLA, CFRA, PDL, etc.). Employees may donate a maximum of 16 hours each time CAL donations are requested, however full-time employees must have 120 hours remaining and part time employees must have a proration of 120 hours based on their full-time equivalent allocation on the Schedule of Authorized Positions remaining in their CAL bank after the donation. The City will pool all hours that are donated and employees, who are eligible and approved to use donated CAL hours will receive donations from the pool. 28.6 Comprehensive Annual Leave Time Cash Out In June, employees may cash out Comprehensive Annual Leave (CAL) time under the following criteria: A. May cash out up to a maximum of 120 hours to be taken as taxable wages or deposited into a pre- or post -tax 457 account. B. Must maintain a balance of 120 hours after cash out is taken. C. Must have taken at least 80 hours of CAL time during the fiscal year. The CAL time cash out will be provided by the end of the fiscal year. The CAL time cash out pay period will be determined by the City's Finance Department, in accordance with the ending of the fiscal year. The City Manager in his/her sole discretion may allow an employee to cash out CAL time before the end of the fiscal year if the employee is faced with a financial emergency or to avoid losing CAL accrual when the employee is approaching their CAL accrual maximum and the employee's Department Director confirms that taking time off is not an option; however, the employee is still only allowed one cash out per fiscal year as outlined in this section. Article 29 Bereavement Leave The City recognizes the importance of providing employees time off to mourn and take care of any details relating to the death of a member of their immediate family. Employees may also use CAL time in conjunction with bereavement leave. 22 Regular employees may receive a maximum of three (3) business days for bereavement of an individual who is a member of the employee's immediate family or of other similar relation as determined by the City Manager. If an employee must travel more than 500 miles, one way, to attend a funeral, the employee is eligible for five (5) business days of bereavement leave. A. For the purposes of this policy, immediate family (including natural, step or in-laws) shall be defined as spouse, registered domestic partner, mother, father, sister, brother, daughter, son, grandchild, and grandparents. B. A leave request form must be completed by the employee and approved by their supervisor. Depending upon circumstances, employees can submit bereavement leave and Comprehensive Annual Leave requests after the employee returns to work. In addition, the supervisor may require verification that bereavement leave was warranted. Article 30 Leave of Absence under FMLA, CFRA and PDL 30.1 Statement of Policy It is the intent of the City to comply fully with the Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1995 (CFRA). Nothing in this MOU is intended to restrict employees' rights under these laws. Unless otherwise provided in this article, "Leave" under this article shall mean leave of absence, including employees' rights and obligations, pursuant to the FMLA and CFRA. Further, employees shall be reasonably accommodated for any disability protected by law (e.g., Americans with Disability Act or "ADA") if the employee requests such accommodation. 30.2 Employee Notice of Leave Although the City recognizes that emergencies arise which may require regular employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days' notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. Such notice may be orally given. If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion adequately cover the position with a substitute. For any foreseeable leave due to a qualifying exigency under the Armed Forces Reserves or National Guard, an employee must provide notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable. 30.3 Employee Benefits While on Leave While on leave, employees will continue to be covered by the City of Temecula group health insurance to the same extent that coverage is provided while the employee is on the job. Employees shall be responsible for the continuation of City of Temecula provided health care insurance premiums if on a Leave for more than the 12 weeks specified by the law. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. 23 If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee to leave, or because of circumstances beyond the employee's control. The City shall have the right to recover premiums through deduction from any sums due to the City (e.g. unpaid wages, vacation pay, etc.). Regular employees shall retain the status of employee while on Leave. However, a Leave used in conjunction with any other FMLA leave of absences, which exceeds 24 weeks, shall result in an adjustment to the employee's Comprehensive Annual Leave and salary review date. 30.4 Substitution of Paid Accrued Leaves While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurrently use paid accrued leaves after requesting leave for medical or family care. A. Employee's Right to Use Paid Accrued Leaves Concurrently with Leave for Medical or Family Care. Where an employee has earned or accrued paid CAL time, administrative leave, or compensatory time, that paid leave may be used concurrently for all or part of any (otherwise) unpaid leave under this policy. Use of CAL time does not extend the leave beyond the 12 weeks specified by law. B. City's Right to Require an Employee to Use Paid Leave When Using Leave for Medical or Family Care Employees may exhaust their accrued leaves concurrently with FMLA/CFRA leave to the same extent that employees have the right to use their accrued leaves concurrently with FMLA/CFRA leave. Employees are required to use accrued Compensatory Time as a first means of paid leave concurrently with any leave for medical or family care. 30.5 Medical Certification Regular employees who request leave for their own serious health condition or to care for an eligible family member who has a serious health condition must provide written certification from the health care provider of the individual requiring care. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of his/her position. Regular employees who request leave to care for an injured service member who is an eligible family member of the employee must provide written certification from a health care provider regarding the injured service member's serious injury or illness. 24 When an employee requests leave because of a qualifying exigency under the Armed Forces Reserves or National Guard, an employer may require the employee to provide a copy of the covered military member's active duty orders or other documentation issued by the military which indicates that the covered military member is on covered active duty or call to active duty status in a foreign country, and the dates of the covered military member's active duty service. A. Time to Provide a Certification When an employee's leave is foreseeable, and at least 30 days' notice has been provided, the employee must provide medical certification before the leave begins. When this is not possible, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least 15 calendar days after the employer's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. B. Consequences for Failure to Provide an Adequate or Timely Certification If an employee provides an incomplete medical certification the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of leave until the required certification is provided. C. Second and Third Medical Opinions If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third health care provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinions when there is a recertification. D. Intermittent Leave or Leave on a Reduced Leave Schedule If an employee requests intermittent leave (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the requested leave can best be accomplished through an intermittent or reduced leave schedule. 30.6 Reinstatement upon Return from Leave A. Right to Reinstatement Upon expiration of leave (no more than 12 weeks or 26 weeks for military situations), an employee is entitled to be reinstated to the classification of employment held when the leave commenced, or to an equivalent classification with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and 25 other conditions of employment than if the employee had been continuously employed during the leave period. If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and City the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return. B. Employee's Obligation to Report Periodically on Condition Employees may be required to periodically provide an update report and intent date to return to work. This will avoid any delays to reinstatement when the employee is ready to return. C. Return to Work Certification As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform job duties, the employee must obtain and present a certification from their health care provider stating that the employee is able to resume work. The return to work certification must be provided to Human Resources Department prior to the employee resuming any duties. Failure to provide such certification will result in denial of reinstatement. If the health care provider imposes work restrictions on the employee, the return to work certification must list any work restrictions and the time frame for those restrictions. At the conclusion of the work restriction schedule, the employee must obtain and present a certification from the health care provider that the employee is able to resume work. Failure to provide such certification to the Human Resources Department will result in denial of reinstatement. 30.7 Required Forms Employees must fill out the following applicable forms in connection with leave under this policy: 1. "Request for Leave of Absence Form" provided by the City. 2. Medical certification —either for the employee's own serious health condition or for the serious health condition of an eligible family member. 3. "Statement of Family Relationship" when leave is to care for an eligible family member. 4. Authorization for payroll deductions for benefit plan coverage continuation; and 5. Certification to return work from appropriate health care provider. 30.8 Pregnancy Leave 26 It is the intent of the City to comply fully with the California Pregnancy Disability Leave Law. A pregnant employee shall be entitled to a leave of absence without pay for up to four (4) months so long as the employee's attending physician certifies that she is physically unable to work due to pregnancy, childbirth or related medical condition. During said leave of absence, the employee has the option of using CAL time to supplement any short-term disability benefits. In addition, employees who are out on Pregnancy Leave will also be designated as protected under FMLA concurrently as applicable under these laws Upon expiration of the approved leave, prior to the employee being reinstated, the department director may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of her position. Failure to return to work after the authorized four (4) month leave period causes the employee to have no reinstatement rights. An employee who plans to take such a leave should give reasonable notice of the date the leave shall commence and the estimated duration of the leave. 30.9 Alternative Parental Leave The City shall provide six weeks of paid leave to employees for the purpose of bonding with a child in connection with the surrogate birth, adoption or foster care placement of that child. The child may be from a surrogate or non -surrogate parent or agency. The six weeks shall be paid at the rate of 2/3 of the employee's current base salary, and no other benefits shall be enhanced or reduced as a result of using this leave. Employees may use other accrued paid leave (e.g., CAL time) to supplement their pay up to 100% of their current base salary in conjunction with this leave. The six weeks of leave need not be used consecutively; however, it is limited to the first year after the birth, adoption, or foster care placement of the child. Supporting documentation will be required. Alternative Parental Leave is intended to provide paid leave to parents similar to that afforded to new mothers eligible for disability leave, so Alternative Parental Leave may not be used in combination with disability leave connected with giving birth to a child. Article 31 Jury Duty The City encourages employees to serve as jurors when called upon to do so. When an employee serves on jury duty or is called to testify on a case involving official City business, the employee receives full pay from the City (Government Code Section 1230). However, if an employee is testifying on a civil/criminal case that does not involve official City business, then the employee is required to utilize any accrued Comprehensive Annual Leave (CAL) time that the employee has available. Employees are not required to submit, to the City, any compensation received from the court for serving as a juror. If an employee is called to report to jury duty, the employee shall obtain a "Jury Attendance Certification" form from the court upon dismissal by the judge. The "Jury Duty Certification" form must be attached to the employee's timesheet for verification of jury duty attendance by payroll. Because the time on the "Jury Attendance Certification" form provided by the court and the actual time the employee is released from the jury pool and/or leaves the courthouse may differ, the employee must handwrite the actual time of release on the form. The time should be noted upon instruction from their supervisor or designee to either return to work or be released from work. Jury Duty attendance shall be recorded on the timesheet under the code for jury duty regardless of whether the employee is instructed to return to work or not. 27 When an employee receives an initial summons to report for jury duty, the employee must provide a copy of the summons to his or her supervisor immediately_upon receipt, regardless of whether s/he is called to serve. It is the responsibility of each supervisor to record the employee's absence for jury duty in a manner similar to that used to record the employee absences (i.e. department calendar, weekly staff agenda). If an employee needs to appear in court regarding a personal situation or is summoned to report to the court for a civil or criminal case that does not involve official City business, then the employee is required to utilize available Comprehensive Annual Leave (CAL) time. A leave request form must be submitted and approved by the supervisor prior to the leave commencing. Approved personal leave (CAL) time shall be recorded on the timesheet under the code for CAL time. 31.1 Defining "Practical" Return to Full Duty When released early, which is defined as more than two hours remaining in the business day, from any day of jury duty, the employee shall contact his/her supervisor, or designee, to determine if it is practical to return to full duty. In determining whether an employee shall return to work following the completion of jury duty for that day, reasonable consideration shall be given to such factors as: courthouse delays, parking conditions, travel time, and a rest period. If two (2) hours or less are remaining in the City's standard business day (8 a.m. to 5 p.m.), the employee does not need to contact their supervisor or return to work. Employees are not required to report to work at the City each day prior to reporting to the court for jury duty unless the report time after 12 noon is ordered. 31.2 Supervisor Determination If upon discussion with the supervisor or designee it is determined that it is NOT practical for an employee to return to full duty that day, the supervisor's written release stating "not practical to return to full duty", along with the supervisor's initials and date, must be noted on the employees "Jury Attendance Certification" form and attached to their timesheet. Article 32 Military Leave The City recognizes the importance of allowing employees time off to serve in the U.S. Armed Forces. This policy allows for employees to take time necessary for the defense of our country. Military leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose shall provide their department director and Human Resources, whenever possible, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the department director may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave. Upon completion of military service, the employee will be reinstated with full seniority to their former position or to a comparable position, if application for reemployment is made within 90 calendar days of release from the service or related hospitalization. An employee who is a member of the National Guard or of a reserve component of the U.S. Armed Forces shall, upon furnishing a copy of the official orders or instructions, be granted a military training leave. Training leaves will not, except in an emergency, or in the event of extenuating circumstances, exceed two (2) weeks per year, plus reasonable travel time. Upon presentation of a military pay voucher or endorsed orders, employees will receive full pay for up to 30 calendar days within one (1) fiscal year. If the leave is greater than 30 days, then the employee may utilize accrued Comprehensive Annual Leave time. If the employee is placed on active duty, the City is required, by law, to return the employee to the same classification, upon the employee's return to City service. Consistent with the City of Temecula City Council Resolution 90-067, the military leave policy has been extended, for those employee's called to active duty as follows: A. With appropriate documentation, the City will pay the difference between the City employee's salary and the employee's military pay, and; B. The difference in salary will be paid for the entire duration of active duty. Article 33 Leaves of Absence without Pay This provision applies to leaves which are not covered by other provisions within the MOU. Leave of Absence without Pay is to be used for the purpose of unforeseen circumstances related to FMLA, CFRA or pregnancy leaves or other situations where leave is requested by the employee. In all cases, Leaves without Pay must be approved by the City Manager or designee, and do not continue accrual of benefits. Employees should refer to Human Resources for specific details. 33.1 Benefits While on Leave without Pay Employees may be required to exhaust their Comprehensive Annual Leave prior to commencing Leave of Absence without Pay status, except as provided in the Family Care Leave Policy and Holiday Pay Policy. Employees shall not accrue Comprehensive Annual Leave time if on a Leave of Absence without Pay in excess of five (5) business days. The City will continue payment of City provided health care insurance premiums for two (2) monthly premium payment periods. Employees shall be responsible for the continuation of City provided health care insurance premiums if on Leave of Absence without Pay for more than two (2) monthly premium payment periods. 33.2 Procedure for Requesting Leave of Absence without Pay The Department Director, subject to the approval of the City Manager, may grant requests for Leave of Absence without Pay. Employees generally provide a minimum of two (2) weeks' notice, in writing, to request a Leave of Absence without Pay. Employees must give reasonable notice, to their Department Director, before returning to work. 29 The maximum leave which may be taken is six (6) months at the sole discretion of the City Manager. In extreme cases, and at City Manager's approval, the maximum leave may be extended beyond six months. Employees shall retain the status of employee while on Leave of Absence without Pay. However, a Leave without Pay which exceeds 30 days shall result in an adjustment to the employee's salary and Comprehensive Annual Leave accrual review dates. 33.3 Procedure for Unforeseen Circumstances Requests for Leave of Absence without Pay may be granted, at the discretion of the City Manager, for prolonged illness or personal reasons, including disabilities not related to worker's compensation. The above procedures will apply to a requested Leave of Absence without Pay with the exception of providing a two (2) week minimum notice. Employees who request a Leave of Absence Without Pay for illness or personal reasons must provide a written notice of such leave as far in advance as possible. In addition, the City may require a doctor's certification or other official documents in order to verify legitimacy of the employee's request. Article 34 Health and Wellness Benefits The City shall provide each regular employee with a Health Flex Contribution of $400 per month. This allotment is intended to bring the City into compliance with the U.S. Patient Protection and Affordable Care Act ("ACA"). The Health Flex Contribution may only be used toward City - sponsored health, dental, and vision insurance premiums, or deposited into a health flexible spending account as permitted by IRS laws. Any unused portion of the $400 allotment shall be forfeited by the employee (i.e. this is a "use it or lose it" benefit). The City shall also provide each regular employee with a Cafeteria Contribution of $1,200 per month for full-time employees and pro -rated based on full-time equivalency for part-time employees. Consistent with past practice, this payment includes the PERS statutory minimum payment for each calendar year of this Agreement for both active employees and annuitants (retirees). The Cafeteria Contribution must be applied to all mandatory benefits as determined by the City. The first day of the month following the date of hire, an employee shall be covered under mandatory benefits as set forth in the contract between the City and the carrier(s). The employee can then apply the remainder of the Cafeteria Contribution to optional benefits provided by the City, including: health insurance premiums, dental insurance premiums, vision insurance premiums, additional life insurance premiums, flexible spending accounts, and other supplemental insurance premiums. Any unused portion of the $1,200 allotment may be deposited into a deferred compensation account, or taken as taxable income. The Union agrees to meet and confer with the City over any state or federally mandated changes in benefits that occur during the term of this agreement. In addition, City agrees to include two (2) union stewards as part of the formal Benefit Committee that meets to discuss changes in any health and welfare benefit proposal for the next plan year. The benefit committee will meet prior to the start of the open enrollment period to educate employees on benefits provided during the upcoming plan year. 34.1 Health Coverage During the life of this agreement, the City agrees to continue offering the PERS Health Plan. An employee seeking to opt out of City -sponsored medical insurance must provide 30 documented evidence of minimum essential health coverage pursuant to the ACA, which must cover both the employee and all individuals in the employee's expected tax family, if any. Each year, during open enrollment or as otherwise required by the City, the employee must provide the City with an attestation or other reasonable documentation, subject to the City's approval confirming such alternate coverage. According to the ACA, the City must not make payment if the City knows that the employee or family member does not have the alternative coverage. The City agrees to meet with the Benefit Committee to discuss any changes in the PERS Health Plan prior to open enrollment. 34.2 Dental Coverage During the life of this agreement, the City agrees to continue to offer dental coverage to represented employees. The City agrees to meet with the Benefit Committee prior to selection of the dental plan for the respective Plan Year. 34.3 Vision Coverage During the life of this agreement, the City agrees to continue to offer vision coverage to represented employees. The City agrees to meet with the Benefits Committee prior to selection of the vision care plan for the respective Plan Year. 34.4 Disability Insurance The City mandates enrollment in short-term and long-term disability insurance for all represented employees. The City agrees to meet with the Benefit Committee prior to selection of short-term and long-term disability insurance. The STD disability insurance elimination period of 0 - 7 calendar days for accident/in-patient hospitalization; and the STD disability insurance elimination period of 7 -14 calendar days for illness and outpatient procedures. Employees should refer to Human Resources regarding specific details on short term and long term disability coverage's. 34.5 Flexible Spending Account The City will continue to offer, as long as lawfully permitted, a Flexible Spending Account during the term of this agreement in accordance with applicable IRS statutes in order to provide employees the greatest possible tax benefit. Included in the Flexible Spending Account are reimbursement accounts for medical, dental and vision plan deductibles and co -payments; and other health care expenses not covered by existing medical and dental vision coverage. An additional element of the program includes reimbursement of child/dependent care. 34.6 Retiree Medical, Dental and Vision Premium Reimbursement The City will provide medical, dental and vision benefits, for eligible employees and their spouse, upon retirement from the City of Temecula, as follows: A. Employee must meet all of the following criteria in order to qualify for the Retiree Medical, Dental and Vision Premium Reimbursement benefit: 31 1. Must have been hired on or before June 30, 2005 in a regular, authorized position; 2. must have, upon retirement, completed a minimum of 12 years of cumulative service to the City of Temecula in a regular, authorized position status; 3. must have retired from the City of Temecula on or after July 1, 2003 in accordance with CalPERS standards; and, 4. must have been continuously employed in a regular, authorized position from July 1, 2005 until his or her retirement from the City of Temecula, with the exception of bargaining unit members referenced in Appendix C. Employees referenced in Appendix C shall remain continuously employed in a regular, authorized position from March 19, 2019 until their retirement from the City of Temecula to be eligible for the benefit. Part-time, regular, benefited employees shall also be eligible provided that total service in Temecula, as defined by PERS, meets the required minimum for this benefit and if they meet the other criteria set forth in this article. If a retired Temecula employee reinstates to a regular benefited position with any California PERS Agency, including the City of Temecula, this benefit will be discontinued and will not be reinstated. The only exception to this rule shall be in the event of a Reduction in Workforce and the employee had been re-employed by the City of Temecula pursuant to Article 44 of this M.O.U. B. Retirement from the City of Temecula shall be defined as a PERS service or industrial disability retirement, and employee must be eligible for such retirement at the time of or within 120 days of separation from City service. The date of eligibility shall be the employee's official CalPERS retirement date. C. Employees who have retired prior to the effective date of this M.O.U. will be eligible for this benefit in accordance with the terms of the agreement at time of retirement. D. Eligible City of Temecula employees (as defined above), who retire during the term of this M.O.U. will be eligible for a reimbursement, for monthly premiums (not including co -payments, prescriptions, and other non -premium expenses) purchased and paid for by them, of up to the current monthly cafeteria plan allotment, for continued medical, dental and vision coverage as provided for in sections 34.1, 34.2 and 34.3 of this agreement. This payment will begin within 30 days of the employees' PERS retirement, and upon written notice from the employee and verification of current payment amounts and will continue through the term of this agreement. E. The amount of actual payment will be based on proof of continued medical, dental or vision insurance and verification of the payment amount. Be advised — the PERS medical premium on a PERS retiree's check is the premium amount AFTER the City of Temecula's mandatory employer contribution has been deducted. Therefore, the net amount reimbursed will be based on the mandatory employer contribution rate, established by PERS annually, that is deducted. In addition, the maximum amount of payment will include any mandatory medical payments made by the City. If employee moves from PERS service area, and coverage under the City's medical, dental, and/or vision plans is not available, employee may request that an alternate medical, dental, and/or vision plans be approved by the City, if allowed by law. Coverage is limited to employee, and if applicable, to spouse. The medical, dental, and/or vision insurance 32 benefits will continue for eligible employees, even after the employee qualifies for Medicare coverage. Medicare supplemental coverage and related premiums will be set in accordance with CalPERS benefit standards. The existing Dental and Vision benefit plans only allow continuation of coverage for retirees for 18 months, after retirement. Following this time period, it is the retiree's responsibility to enroll in dental and vision coverage of their choice. In order to receive reimbursement (not to exceed the monthly allotment), the retiree needs to submit proof of coverage annually to the City's Director of Human Resources. For all coverages which are outside the PERS medical plan service area, eligible retired employees, or their authorized legal representative, must submit, to the City's Human Resources Department, proof of coverage and the premium amount for the upcoming year within 30 days of the first payment. If proof of coverage is not received within said 30 days, payments will not be made until the proof of coverage is received for that year. Retroactive payments will not be made if the employee fails to submit this information on a timely basis. It is the responsibility of the retired employee to notify the Director of Human Resources of any changes in premium amounts or change in status. This benefit will discontinue upon the death of the retired City employee. Article 35 Life Insurance The first day of the month following date of hire a regular employee, upon proper application and acceptance by the insurance carrier, shall be covered under a group life insurance plan for the amount of $50,000. Voluntary Life Insurance will be available to regular employees (outside the City's Section 125 Cafeteria Plan) at no cost to the City. Article 36 Retirement The City has established a multi -tiered retirement benefit. 36.1 Tier 3 Pursuant to the Public Employment Pension Reform Act of 2013, (also known as "PEPRA", Assembly Bill 340), those who first become employed by the City on or after January 1, 2013, and who are "new members" as that term is defined in PEPRA, shall be subject to a third tier Public Employees Retirement System (PERS) formula of 2% @ age 62, and a benefit based on the highest 36 months of employment. New members shall pay their entire PERS member contribution by payroll deduction at a rate set by PERS or at 50% of normal cost as that term is defined in PEPRA. As of July 1, 2020, that percentage is 7.25%. New members shall also be subject to all other applicable provisions of PEPRA. This retirement formula shall be known as Tier 3. 36.2 Tier 2 The City's second tier PERS retirement formula of 2% @ age 60 applies to employees hired on or after September 24, 2011, and up to and concluding December 31, 2012, as allowable by law. Tier two also applies to those hired at any time after September 24, 33 2011, who had prior membership in PERS or in another retirement system that has reciprocity with PERS. Highlights include the following: • A three-year final compensation • Annual 2% Cost Of Living Adjustment (COLA) • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service 36.3 Tier 1 The City's first tier PERS retirement formula of 2.7% @ age 55 applies to employees hired prior to September 24, 2011 as allowable by law. Highlights include the following: • One-year final compensation • Annual 2% Cost Of Living Adjustment (COLA) • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service. For retirement tiers 1 and 2, employees shall pay 3% of their PERS member contribution. The City agrees to continue to pay the balance of the Member Contribution (EPMC), required by the Public Employee's Retirement System to maintain the current level of benefits for employees covered by this Memorandum during the term of this agreement. Regular employees are not covered under Social Security (1.45% Medicare only). 36.4 Survivor Benefits The City of Temecula's PERS 1959 Survivor Benefit coverage (Government Code section 21574) is a higher level of cash benefit paid to survivors of an employee who dies prior to retirement. The City provides Level 4 of PERS' Survivor Benefit. Article 37 Deferred Comoensation The City shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the City. Article 38 Late Starts This Article applies to non-exempt regular employees. A regular employee who is tardy to work or upon returning from break or lunch shall be docked pay at the discretion of the Department Director or designee(s). Such docking shall be rounded to the nearest 15-minute increment. However, if the employee is tardy for a period of less than 7 minutes, then no docking of pay shall occur. If the employee is tardy between 7 and 15 minutes, then a full 15 minutes shall be docked. An employee and their department manager, upon mutual agreement, may make up late time by either coming in early, staying late, or shortening their lunch hour (lunch hours can only be shortened if employee is on a 1 hour a day lunch schedule) to make 34 the time up. It is understood the time to be made up must be made up within the same 7-day work period the late time occurred, that no overtime will result from making up late time, and that there shall be no disruption to City services or operations. In addition, no provisions of this article are subject to the grievance procedure. Finally, an employee may be disciplined for continued late starts. Article 39 Rest Periods All represented employees may take, for each full eight (8), nine (9), or ten (10) hour shift worked at the direction of the respective department, a 15 minute break each four or 4 '/2 -hour period. Rest and lunch periods must be arranged with your supervisor and are intended to be uninterrupted time. Employees working in the field shall take, at the direction of the department, rest periods nearby the work site. Rest periods/meals are for the good of the employee, but periods cannot be used to make up for other lost time or to arrive at work late or leave work early. Exceptions to this rule must be with supervisory approval. Rest periods are not cumulative. In the event the employee is called off their lunch break because of an emergency or if the department schedules a hands-on mandatory lunch meeting, the employee is entitled to be compensated for this time. Article 40 Hours of Work The City has an absolute right to assign work schedules for City employees. If the City proposes to change the work schedule of a classification or an employee in a classification, represented by the Union, the City will provide the employee and Union with a written notice which will include the valid business need for the schedule modification. Such written notice will be provided at least ten (10) business days in advance of any change. During the term of this agreement, the City will continue to offer alternative work plans where business needs (e.g., customer service and employee productivity) are prioritized and uncompromised. Examples of alternative work plans include: • 9/80 Work Plan: an employee works nine (9) days in a two -workweek period, but not more than 40 hours in either workweek. • 4/10 Work Plan: an employee works four (4) 10-hour days in a workweek for a total of 40 hours. 40.1 Participation Participation in the alternative work plans is on a City wide basis. Employees have the option of participating in an alternative work plan if the Department Director has agreed and the affected classification is eligible based upon the scheduling and service needs of the department. Upon Department Director approval, employees may change work plans on a temporary or on -going basis. Article 41 Grievance Procedure The purpose of this article is to promote improved employer -employee relationships by establishing procedures for appealing management actions. To afford employees, individually or through representation, a systematic means of obtaining further consideration of problems after 35 every reasonable effort has failed to resolve them through discussion. This process is intended to provide settlement of grievances as near as practicable to the point of origin. 41.1 Grievance A grievance is any alleged violation as to the interpretation or application of personnel policies and practices or the application of any negotiated agreement or any law, rule or regulation governing personnel matters for which there is not another administrative appeal process. 41.2 Representation A regular employee is entitled to representation in the preparation and presentation of a grievance at any step in the grievance procedure. The grievant is entitled to be released from work for a reasonable period of time in order to present the grievance. 41.3 Grievance Discussion A regular employee or employee representative will be unimpeded and free from restraint, discrimination, interference, or reprisal in seeking appropriate adjustment of a grievance provided, however, that an employee's representative may not participate in an informal discussion with the supervisor as required prior to the filing of a formal written grievance. 41.4 Non -Reviewable Grievance A grievance is not reviewable under this procedure if it is a matter which would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the City, such as: A. Employee requested applications for changes in title, job classification or salary. B. Appeals from formal disciplinary action. C. Appeals from work performance evaluations. However, there may be an allowable grievance if a bargaining unit member conducts a formal evaluation of another bargaining unit member. 41.5 Filing of Grievance In order for an employee to file a grievance, the employee must raise the issue with the immediate supervisor or Department Director, in writing, within 15 business days after the employee knew or, by reasonable diligence, should have known of the circumstances giving rise to the grievance and should be subject to all processing set forth herein. 41.6 Grievance Time Limits The time limits set forth in the grievance procedure may be extended by mutual consent of both parties. Step 1 36 An employee, before reducing the grievance to writing, will take the matter up with their immediate supervisor in an informal conference. The employee and the supervisor are each entitled to the presence of a silent observer. The silent observer for the grievant must be the union steward. An observer that interrupts or participates in the discussion may be excluded from the discussion by either the employee or the supervisor. The supervisor will have five (5) business days to render a decision in writing. Failure of the supervisor to render a decision in writing within five (5) business days, entitles the employee to move the grievance to the next step. Step 2 If the grievance is not settled in Step 1, the employee and their representative, if any, may within five (5) business days' appeal, in writing, to the employee's Department Director. The Department Director shall schedule a meeting, to hear the grievance, which will take place within ten (10) business days from the date the grievance is referred to Step 2. The Department Director shall issue a decision within ten (10) business days. The employee may within five (5) business days move the grievance to Step 3. Failure by the employee to raise the issue to the next level will result in the grievance procedure ending. Final Step If the grievance is not settled in Step 2, the employee and their representative, if any, may within five (5) business days' appeal, in writing, to the City Manager. The City Manager or, if designated, the Assistant City Manager shall schedule a meeting to take place within 15 business days. The City Manager or Assistant City Manager shall have 15 business days to render a decision which will be final and binding. Article 42 Discipline General Statement of Policv: It is the City's belief that rules of conduct are most effective when they are written and communicated to employees and supervisors, consistently enforced, and the difference between major and minor forms of misconduct recognized. The City's goal is to administer discipline on an equitable and corrective basis. Effective discipline reinforces training by identifying rules and their reasons, correcting misconduct or improving job performance, serving as a deterrent through enforcement, and penalizing in relation to the severity of the offense and the employee's past record. In general, the City will not use supporting documents older than three (3) years when considering a disciplinary action. At the request of the employee, Union representation will be provided during investigative conferences that may result in formal discipline. Formal discipline is defined as a minimum of a written reprimand. If the supervisor anticipates that discipline, resulting in a written reprimand or greater discipline will result, the supervisor shall notify the employee that they have a right to request Union representation prior to further discussion of the issue. Definition of Disciplinary Action: "Disciplinary Action" means action taken by the Department Director or designee for disciplinary reasons, pursuant to the City of Temecula Discipline Policy. Such disciplinary actions include: 1) 37 a formal warning, 2) a written reprimand, 3) disciplinary suspension, 4) reduction in pay, 5) demotion, 6) dismissal, or 7) any other action taken for disciplinary purposes. Informal Discussion: Though not a disciplinary action, when a minor job performance problem develops, an informal discussion shall usually occur to assist the employee in clarifying and remedying the problem. An informal discussion is designed to clarify standards, policies and procedures or rules and regulations so that problems are resolved early and thus, the need to utilize disciplinary action may be avoided. Formal Warning: The formal warning shall be given in response to minor misconduct. The warning should be prompt, calm, and constructive, and every effort shall be made for the formal warning to be given in private. The supervisor/department director shall include in the formal warning a review of appropriate department standards and policies, employee performance expected in the future and consequences for failure to correct performance or behavior. A formal warning will be documented in memorandum format by the supervisor/department director and a copy of the formal warning memorandum to the employee. This memorandum does not go into the employee's central personnel file. In addition, the employee may request that a Union representative be present during this process. Written Reprimand: The written reprimand shall be given by the Department Director or designated authority when a formal warning has not succeeded in stopping the misconduct or when the misconduct is considered too serious to warrant a formal warning. Misconduct includes failure to meet City performance standards. The Department Director should first counsel the employee about the misconduct, as if giving a formal warning. At the end of the discussion, if no extenuating circumstances are discovered, the Department Director shall inform the employee that a letter of reprimand shall follow and shall be placed in their central personnel file located in the Human Resources Department. The written reprimand shall include a full, accurate and factual statement of the reason for the reprimand, if applicable, appropriate department standards and policies, employee performance expected in the future, and consequences for failure to correct performance or behavior. The employee and/or their representative has the right to request a meeting with Human Resources to discuss the content of the written reprimand prior to it being placed in the employee's central personnel file. Finally, the employee has the right to attach a written response to the written reprimand to be placed in the employee's central personnel file. Disciplinary Suspension: Disciplinary suspensions without pay are actions which generally deprive an employee of pay for any period up to 30 business days and are usually given when serious misconduct or repetition of past problems for which the employee has been reprimanded require a strong management response. The nature of the offense, its severity and the circumstances dictate the length of suspension. Recurrence of the same or similar offenses can result in a second or third disciplinary suspension of progressively increased duration or in a dismissal. A disciplinary suspension is given an employee when formal warnings or written reprimands have not been effective, or when the misconduct warrants more than a written reprimand. m The City distinguishes between minor disciplinary suspension as one (1) to five (5) business days and major disciplinary suspensions as six (6) to 30 business days. Minor suspensions can be used as steps in progressive discipline. Major suspensions are used as steps in progressive discipline. Major suspensions are used as a more severe step in progressive discipline or where the act of misconduct does not warrant dismissal. Department Directors shall institute disciplinary suspensions only after Human Resources and City Manager approval. Reduction in Pay: The reduction of an employee's base pay through the loss of a grade or step is the action given when a disciplinary suspension has not been effective, or when the misconduct is too serious for disciplinary suspension alone. Department Directors shall institute a reduction in an employee's base pay only after Human Resources and City Manager approval. Demotion: The Department Director may demote an employee for disciplinary reasons or because the employee's ability to perform the required duties falls below standards for that position, provided that the employee has been given a reasonable time to improve. Upon request of the employee, and with the consent of the appointing authority, demotion may be made to a vacant position. No employee shall be demoted to a position unless they possess the minimum qualifications for such a position. Department Directors shall institute a demotion only after Human Resources and City Manager approval. Dismissal - Dismissal or involuntary separation of an employee from City employment shall be imposed only when all other disciplinary measures have failed and the employee is deemed beyond rehabilitation or when an act of misconduct is deemed very serious. A career employee may be dismissed by the Department Director for just cause as outlined in these rules. Resignation: An alternative to Disciplinary Action: At times, an employee may offer to resign instead of facing disciplinary action. By doing so, the employee loses the right to appeal. A resignation must be completely voluntary. If the action taken is a written reprimand, disciplinary probation, a disciplinary suspension, a reduction in pay, a demotion, or a dismissal, documentation shall be in accordance with this policy. A copy of all such disciplinary documents shall be placed in the employee's central personnel file located in the Human Resources Department. The employee shall sign and receive a copy of such disciplinary documents. If the employee refuses to sign the statement, that fact should be noted in writing by the supervisor. Actions that are not Appealable: 39 Denial of merit or pay increases, performance evaluations, informal discussions, oral counselings, and formal warnings. Disciplinary Action Subject to Skelly Procedure: Prior to a disciplinary suspension, a reduction in pay, a demotion, or a dismissal of a career employee for disciplinary purposes, the procedure set forth in this section shall be complied with. Administrative Suspensions with Pay: Pending investigation of an accusation against an employee, the City Manager may approve the temporary suspension of an employee with pay, pending the undertaking or completion of an investigation or opportunity to respond as may be required to determine if any disciplinary action shall be taken. Skelly Procedure: A. Written Notice: The Department Director or designated authority shall give the employee a written notice of the proposed disciplinary action at least ten (10) business days prior to the effective date. The written notice shall be personally delivered to the employee or sent by certified mail to the employee's last known address. The notice should include the following information: A description of the proposed action to be taken and its proposed effective date or dates; 2. The specific grounds and particular facts upon which the action is proposed to be taken; 3. The employee's right to receive a copy of the written materials alleged to support the proposed action; and 4. A statement advising the employee of the right to respond, orally or in writing, and the time period in which to do so. B. Employee Review and Response: The employee shall be given an opportunity to review the documents or materials upon which the proposed disciplinary action is based. Within ten (10) business days after receipt of the written notice, the employee shall have the right to respond to the Department Director, orally or in writing, concerning the proposed action. Failure to respond within the time specified may result in the employee's waiver of their pre -disciplinary procedural rights. By mutual agreement, the specified time period may be extended. C. Department Director Decision: The Department Director or designee shall, within ten (10) business days, provide a written decision to the employee after reviewing the employee's response, if any. The decision shall be personally delivered to the employee or sent by certified mail to the employee's last known address. The decision shall acknowledge the employee's response and shall be dated and signed by the Department Director. If disciplinary action is to be 40 E. F taken, the written response shall include a statement informing the employee of the right to appeal and the time period within which the appeal must be made. If mutually agreed upon, the effective date of postponed to allow the Department Director employee's response before making a decision Appeal of Department Director's Decision: any proposed disciplinary action may be enough time to adequately review the An employee may appeal a Department Director's decision within ten (10) business days of receiving the decision. An appeal shall be accompanied by a copy of the written notice of disciplinary action served on the employee, the Department Director's written decision, a brief statement of the facts and reasons for the appeal and a brief statement of the relief requested. If, within the ten (10) day appeal period, the employee involved does not file an appeal, unless good cause for the failure is shown, the action of the Department Director or designee shall be conclusive. If an employee withdraws the appeal, the employee waives the right to further review. Appeals filed within the ten (10) day requirement shall be handled in accordance with the following provisions: Minor Disciplinary Suspension, Reduction in Pay and Demotion: An employee may appeal a disciplinary suspension of five (5) days or less, or a reduction in pay of 5% or less annualized by submitting a written response to Human Resources within ten (10) business days after the employee has received the Department Director's decision. Such an appeal and decision of the matter is based only upon the written record. Human Resources shall render a written decision within ten (10) business days after receipt of the appeal. The City Manager may modify the disciplinary action, but in no event shall have the authority to increase the disciplinary action. The City Manager's written decision is the final and conclusive administrative review. Major Disciplinary Suspension, Reduction in Pay, Demotion and Dismissal: Disciplinary suspensions of greater than five (5) days, reductions in pay greater than 5% annualized any demotions from class to class, or a dismissal may be appealed to the City Manager. The City Manager may designate the Assistant City Manager or another person mutually agreed to by the City Manager and the Union, to serve as Hearing Officer who shall determine the hearing procedure. The hearing need not be conducted according to technical rules relating to evidence and witnesses. However, the Hearing Officer shall ensure that the matter before them can be fairly determined on reliable evidence. The Hearing Officer, shall render a written record of their findings, conclusion and decision as soon after the conclusion of the hearing as possible and in no event later than 20 business days after conducting the hearing, unless the parties otherwise agree. The Hearing Officer may modify the disciplinary action, but in no event shall have the authority to increase the disciplinary action. The Hearing Officer's decision on the appeal is final and conclusive administrative review. However, if an employee reports directly to the City Manager, then a hearing officer may be called in, to act as the final level of administrative review. 41 G. Amended Notice of Disciplinary Action: At any time an appeal is submitted for decision, the Department Director or designated authority may, with the consent of the City Manager, amend the disciplinary action or provide a supplemental notice of disciplinary action. A decision not to impose any disciplinary action should be accompanied by a directive from the Department Director to delete all references to the pending action from the employee's personnel file(s). Failure by the Department Director to make further investigations or to provide an additional written answer shall not affect the ability of the City to impose disciplinary action. If the amended or supplemental notice of disciplinary action presents new causes or allegations, the employee shall be afforded a reasonable opportunity to prepare a response, but the employee shall not be required to file a further appeal. Any objections to the amended or supplemental causes or allegations may be made verbally or in writing during the appeal interview. Article 43 Alcohol and Drug Policy It is the policy of the City of Temecula to have a work environment free from the effects of drugs and alcohol. To accomplish this objective, represented employees agree to abide by the City of Temecula Alcohol and Drug Policy over the life of this agreement. Article 44 Reduction in Workforce The City may separate any employee or class of positions without prejudice, because of financial or economic condition of the City, reduction of work, or abandonment of activities. The City shall give such employees not less than two (2) weeks advance notice of separation and the reason therefore. However, no regular employee shall be separated from a department while emergency, project, probationary, part-time, or temporary employees are employed and serving in the same positions in the department. The order of layoff shall be as follows: Order of Layoff: The order of layoff of career employees shall be made in accordance with a system, which favors retention of the more meritorious employees, based upon evaluation of the following factors in the listed order of importance: A. The three (3) most recent performance evaluation records once finalized and filed in Human Resources Department. The overall evaluation rating will be utilized for purposes of determining performance. If the overall evaluation rating category includes a combination rating such as Commendable/Outstanding (C/O), the rating will be combined to determine overall performance. Those employees with the lowest overall ratings will be further evaluated in Section B and C, detailed below. Should there be a change to the rating categories as a result of revisions to the City's Performance Evaluation format, the City agrees to meet and confer to discuss needed adjustments to Article 44. B. Documented disciplinary actions above the written reprimand level during the preceding 12 months 42 C. Seniority (as defined in Article 9) in relation to the following categories: 1. in the City 2. in the classification 3. in the department. In exceptional circumstances, the City may determine that it is not cost effective to replace specific employees, within a classification, who have received specialized training to perform duties or carry out responsibilities related to a specific department. Re-employment List: The name of every regular employee who is laid off, for longer than one (1) pay period due to a reduction -in -force, shall be placed on the Re-employment List, in order of layoff. Vacancies to be filled within a department shall be offered, first in reverse order of layoff (last employee reduced is first rehired), to individuals named on the Re-employment List who, at the time of the reduction - in -force, held a position in the same job classification. The City may also offer voluntary layoff packages to employees. These packages, at the discretion of the City Manager, may provide 90 days of compensation for employees who volunteer to participate in a voluntary reduction of workforce process. Individual names may be removed from the Re-employment List for any of the following reasons: A. The expiration of 12 months from the date of placement on the list. B. Re-employment with the City in a regular position. C. Request in writing to be removed from the list. Status on Re-employment: A regular employee who has been laid off or terminates in lieu of reassignment and is re-employed in a regular position within 12 months from the date of layoff or termination shall be entitled to: A. Restoration of seniority accrued prior to layoff. B. Credit for all service prior to layoff for the purpose of determining the rate of accrual of Comprehensive Annual Leave. C. Placement in the salary range as if the employee had been on a leave of absence without pay if they are reinstated to the same job classification. Article 45 Job Actions The Union agrees not to strike or otherwise engage in withholding services or concerted action during the term of this agreement. Also, the City agrees not to lock out the employees. Article 46 Reasonable Accommodation of Employees with Disabilities Because the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA) requires reasonable accommodations for individuals protected under the Act, and because these reasonable accommodations must be determined on an individual case -by -case basis, the parties agree that the provisions of this agreement may be disregarded in order for the 43 City to avoid discrimination relative to hiring, promotions, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leave, fringe benefits, training opportunities, hours of work, or other terms and privileges of employment. The Union recognizes that the City has the legal obligation to meet with the individual employee to be reasonably accommodated before any adjustment is made in working conditions. The Union will be notified of these proposed reasonable accommodations prior to implementation by the City. Any reasonable accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the Grievance procedure. Prior to disregarding any provision of this agreement in order to undertake required reasonable accommodations for an individual protected by the Act, the City will provide the business representative of the Union with written notice of its intent to disregard the provision, and if requested will allow the business representative of the Union the opportunity to discuss options to disregarding the agreement. Article 47 Reclassifications 47.2 Reclassification Implementation Employees shall be placed into his/her new position's salary range at the salary step in the range closest to his/her current salary without going under, or to the first step in the range of the reclassification, whichever is greater. Employees whose current salary range is higher than their recommended classification's salary range shall retain their current salary range as a "y-rated" salary range. Y-rated salary ranges are not subject to cost of living increases; however, if the unmodified salary range for an employee's classification exceeds that of their y-rated classification's salary range due to a cost of living increase, the employee shall be placed in their classification's unmodified salary range at the salary step in the range closest to his/her current salary without going under. Those employees assigned to y-rated salary ranges shall be listed in Appendix B. Employees shall not serve a probationary period as a result of being reclassified, and shall retain his/her performance evaluation date and merit increase eligibility prior to being reclassified. 47.1 Reclassification Request Process If any regular employee, during the term of this agreement, believes they are working out of classification, he/she is entitled to request a reclassification study to be conducted by the Human Resources Department. This request must be made by October 1s' so the process can be completed in time for the mid -year budget or annual budget as determined by the City. The employee will then be required to complete a Position Description Questionnaire (PDQ). If the PDQ demonstrates that the employee's work has fundamentally changed due to a department reorganization, changes to staffing levels, introduction of new programs or services, and/or re -allocations of work and internal reporting relationships, then the employee will be referred to an independent consultant who can objectively complete the reclassification study. The independent consultant shall 44 determine the methodology used to conduct the reclassification study. The results of the study will be shared with the subject employee by May 1 st of the following calendar year, and the results are not appealable. Article 48 Performing Arts/Theater Staff This Article applies to non-exempt regular employees. Regular employees who work at the City of Temecula Old Town Temecula Community Theater are provided benefits in accordance with the M.O.U. A. Employees are provided Shift Differential in accordance with Article 18 of the M.O.U. B. Employees who do not receive a meal break after the 5th hour shall be compensated at 1.5 times their hourly rate of pay until a meal break is provided, in accordance with Article 40. C. With regards to overtime, all employees shall be compensated in compliance with Article 13 (Overtime) of the M.O.U. D. Employees shall receive an 8-hour rest period between work periods, as outlined in Article 13.4 (Overtime). Article 49 Posting of Vacancies The City will fill all bargaining unit vacancies consistent with this MOU. The City agrees to conduct a competitive process for any bargaining unit vacancy, including internal recruitment opportunities, during the life of this agreement. 49.1 Internal Only Recruitments All bargaining unit vacancies will be posted for a minimum of three (3) calendar days prior to recruiting externally. Entry-level positions in a Classification Series as defined by the City's Classification Plan Definitions may be posted externally from the beginning of the recruitment. • Internal recruitment opportunities may be open to all City employees (i.e. Regular and Project employees) at the discretion of the City. • Applicants who have submitted a timely employment application shall be placed on an Eligibility List, once Human Resources verifies that the minimum qualifications of the position have been met. a. If there is only one (1) candidate on the Eligibility List, that employee may be appointed without an interview. b. If more than one (1) candidate is on the Eligibility List, the department must invite all candidates on the Eligibility List to be interviewed. If only one (1) candidate accepts the invitation to be interviewed, that employee may be appointed without an interview. 45 If the internal recruitment is not successful, the vacancy may be posted externally. 49.2 External Recruitments • All bargaining unit vacancies will be posted for a minimum of three (3) calendar days. • The first round of interviews shall score applicants and establish an Eligibility List. • Only applicants on the Eligibility List may be appointed. Article 50 Severability If any provision of this agreement shall be declared void or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall remain in full force and effect, except that either party to the agreement may request the other party to meet and confer in regard to amending the agreement to replace the provisions declared void or unenforceable. However, there will be no obligation on either party to agree on a replacement provision. Article 51 Performance Evaluations Five (5) rating levels with measurable criteria and detailed definitions have been established to ensure consistency in the evaluation process throughout all City departments. Should there be a change to the rating categories as a result of revisions to the City's Performance Evaluation format, the City agrees to meet and confer to discuss needed adjustments to Article 51. All managers and supervisors will be trained in communication skills to enhance their ability/knowledge to give employees the tools needed to achieve acceptable rating levels and maintain a successful career path within one year of becoming a manager or supervisor of a bargaining unit member. Bargaining Unit members working in a supervisory position may conduct performance evaluations for other bargaining unit members; however, those in lead roles shall only provide input to managers and/or supervisors conducting performance evaluations. If an employee's overall rating drops two (2) rating levels from one evaluation period to the next evaluation period — the employee has the right to appeal the rating with representation from both the Union and the Human Resources Department present. When there is a change with whom a bargaining unit member reports to, their evaluation for that rating period will be completed in the following manner: a. The evaluation will be completed by the supervisor that had the employee under their supervision the most during that 12-month period. b. The new supervisor will provide input and establish a new set of goals/objectives. c. A change in supervisor does not change the employee's evaluation date unless the new supervisor is due to a position change (except reclassification). A change in position (except reclassification) results in adjusting the promotional and/or annual evaluation dates based on the effective date of the position change. Overdue Evaluations An overdue evaluation report will be given to the Union Chief Steward, by Human Resources Department, on a mutually agreed upon schedule. Human Resources Department and the Union will work cooperatively to ensure the timely receipt of annual evaluations. At 60 days past the official evaluation due date, the Director of Human Resources will contact the appropriate Department Director, of the affected employee, at which time a date will be determined to give 46 the evaluation and the employee notified of the determined date. If an annual evaluation becomes 90 days overdue, a step increase will automatically be given (if applicable) by Human Resources. If an extenuating circumstance exists, the manager will discuss this with the affected employee and will come to a mutually agreed upon extension. If any evaluation becomes 120 days overdue, it may be subject to the Union filing a grievance. Article 52 Personnel Rules and Policies The City shall submit any proposed changes to Personnel Rules to the Union prior to implementation. Article 53 Notice to Meet and Confer on Policy Changes The City shall meet and confer on any policy change that comes within the scope of representation under the Meyers-Milias-Brown Act (MMBA). Article 54 Reporting Project Employee Hours The City shall provide a quarterly report to Union Leadership, outlining Project Employee Titles, Department, and year-to-date Hours Worked. 47 Posting of Agreement A copy of this agreement will be initially distributed to all represented employees and given to all new employees hired into the unit after the date of adoption. The undersigned, representing the City and the Representatives do hereby adopt the terms and conditions set forth herein, and recommend the City Council and members of the Unit approve it. For the City: Isaac Garibay Director of Human Management Resources/Risk Greg Butler Assistant City Manager Jennifer Hennessy Director of Finance Luke Watson Director of Community Development For the Union: Neil Sholander Attorney/Business Representative, Teamsters Local 911 Leslie Wytrykus Union Steward William Becerra, Jr. Union Steward Tom Cole Union Steward Wendy Miller Union Steward EN Appendix A - Represented Classifications for Regular Employees Accountant Lead Maintenance Worker Accountant II * Maintenance Worker I Accounting Assistant Maintenance Worker II Accounting Support Supervisor Management Aide I Accounting Technician I ' Management Aide II Accounting Technician II * Management Aide III Administrative Assistant Management Assistant Aquatics Coordinator Multimedia Assistant Aquatics Supervisor I Multimedia Specialist I Aquatics Supervisor 11 * Multimedia Specialist 11 Assistant Engineer I * Multimedia Coordinator Assistant Engineer 11 Office Specialist I Assistant Planner Office Specialist 11 Associate Civil Engineer Park Ranger I Associate Engineer I Park Ranger II Associate Engineer II Park Ranger III Associate Planner I Plan Checker Associate Planner II Planning Technician Building Inspector I Public Works Inspector I Building Inspector II Public Works Inspector II Business License Assistant Purchasing Assistant Business License Supervisor Purchasing Supervisor Business License Technician Records Coordinator Buyer I * Records Supervisor Buyer 11 * Records Technician Cashier Senior Accountant Code Enforcement Officer I Senior Accounting Technician Code Enforcement Officer II Senior Administrative Assistant Community Development Processing Supervisor Senior Building Inspector Community Development Services Technician I Senior Business License Technician Community Development Services Technician II Senior Buyer Community Services Assistant Senior Code Enforcement Officer Community Services Coordinator I * Senior Community Development Services Tech Community Services Coordinator 11 Senior Fire Inspector Community Services Specialist I * Senior IT Specialist Community Services Specialist 11 * Senior Landscape Inspector Community Services Supervisor I * Senior Office Specialist Community Services Supervisor 11 Senior Public Works Inspector Construction Manager Senior Records Coordinator Custodian I Senior Signal Technician Custodian II Senior Support Services Technician Engineering Technician I ' Signal Technician I Engineering Technician II ' Signal Technician 11 Field Supervisor (Building, Code, Fire) Supervising Park Ranger Field Supervisor (Streets, Parks, Facilities, Traffic Signals, Landscape Inspection) Supervising Public Works Inspector Fire Inspector I Support Services Assistant Fire Inspector 11 Support Services Supervisor IT Specialist I * Support Services Technician IT Specialist 11 Theater Technical Assistant IT Supervisor Theater Technical Coordinator I " IT Technician I Theater Technical Coordinator 11 IT Technician II ' Theater Technical Specialist I Landscape Inspector I Theater Technical Specialist 11 Landscape Inspector 11 'Flexibly staffed position. Any additions, removals, or changes to Appendix A of the MOU is subject to meet and confer with Teamsters Local 911, and subject to provisions set forth in City Employer -Employee Resolution 93-38 adopted by City 5/11/1993. Appendix B — Y-Rated Employees Employee Name Classification Sam Sek Custodian II (Y-Rate) Stephen "Jay" Oldham Senior Public Works Inspector (Y-Rate) Appendix C — Article 34.6 Employees Employee Name Employee Number Norma Pamela Espinoza 00347 Jill Flores 00307 IV C33 fh* H"A*f $Ov4hgrn 'Ca h:iirihi;e Wine Count City of Temecula Management Compensation Plan Effective July 1, 2021 Table of Contents Section 1: Introduction.....................................................................................................3 Section2: Personnel Files............................................................................................... 3 2.1 Derogatory Material................................................................................................. 3 2.2 Derogatory Material on File..................................................................................... 4 2.3 Customer/Citizen Letters of Commendation............................................................ 4 Section 3: Hours of Work................................................................................................ 4 3.1 Participation............................................................................................................ 4 3.2 Work Week............................................................................................................. 4 3.4 Alternating Day Off Designation.............................................................................. 5 3.5 Flexible Working Hours........................................................................................... 5 Section 4: Compensation Adjustments............................................................................ 5 4.1 Longevity Compensation......................................................................................... 5 4.2 Special Merit Pay.................................................................................................... 5 4.3 Bilingual Pay........................................................................................................... 6 4.4 Notary Pay.............................................................................................................. 6 4.5 PERS Reportability................................................................................................. 6 Section5: Holiday Pay.................................................................................................... 6 5.1 Assigned Schedule for Holiday Pay......................................................................... 6 5.2 Pro -Rated Holiday Pay............................................................................................ 6 5.3 Scheduled to Work a Holiday.................................................................................. 7 5.4 Work Plan for Holiday Pay on Employee's Scheduled Day Off ................................ 7 5.5 Floating Holiday...................................................................................................... 7 Section6: City Holidays.................................................................................................. 7 Section7: Overtime......................................................................................................... 8 7.1 Time Worked........................................................................................................... 8 Section 8: Overtime Authorization................................................................................... 8 Section 9: Compensatory Time....................................................................................... 9 9.1 Accrual....................................................................................................................9 9.2 Time Used for Leave............................................................................................... 9 9.3 Cash Out................................................................................................................. 9 Section 10: Shift Differential Pay..................................................................................... 9 Section 11: Temporary Upgrade Assignment.................................................................. 9 Section 12: Out -of -Classification Pay............................................................................ 10 Section 13: Probationary Periods.................................................................................. 11 13.1 Promotional and Transfer Probation.......................................................................11 Section 14: Eligibility for Merit Increases/Performance Evaluations .............................. 11 14.1 Performance Evaluations.......................................................................................11 14.2 Overdue Evaluations..............................................................................................12 Section 15: Tuition Reimbursement.............................................................................. 12 15.1 Required Educational or Training Courses.............................................................12 15.2 Training Time.........................................................................................................12 15.3 Reimbursement......................................................................................................12 Section 16: Employee Computer Purchase Program .................................................... 13 Section17: Paid Leave................................................................................................. 13 17.1 Comprehensive Annual Leave...............................................................................13 17.2 CAL Donations.......................................................................................................14 17.3 Executive and Administrative Leave.......................................................................14 17.4 CAL/Executive/Administrative Leave Time Cash Out.............................................15 17.5 Bereavement Leave...............................................................................................16 17.7 Jury Duty and Court Related Absences..................................................................16 17.8 Military Leave.........................................................................................................16 17.9 Alternative Parental Leave.....................................................................................17 Section 18: Leave of Absence....................................................................................... 17 18.1 Pregnancy Disability Leave....................................................................................17 Section 19: Leaves of Absence Without Pay................................................................. 18 Section 20: Health and Wellness Benefits..................................................................... 18 20.1 Health Coverage....................................................................................................18 20.2 Dental Coverage....................................................................................................19 20.3 Vision Coverage.....................................................................................................19 20.4 Disability Insurance................................................................................................19 20.5 Flexible Spending Account.....................................................................................19 20.6 Retiree Medical, Dental and Vision Premium Reimbursement................................19 Section 21: Life Insurance.............................................................................................21 Section22: Retirement.................................................................................................. 21 Section 23: Deferred Compensation............................................................................. 22 Section 24: Alcohol and Drug Policy............................................................................. 22 Section 25: Uniform Allowance and Boot Reimbursement............................................23 Section 26: Reasonable Accommodation of Employees with Disabilities ...................... 23 Section27: Discipline....................................................................................................23 Section 28: Classifications Covered under this Plan ..................................................... 23 Section 29: Reclassifications......................................................................................... 23 29.1 Reclassification Implementation.............................................................................23 29.2 Reclassification Studies.........................................................................................24 29.3 Reclassification Request Process..........................................................................24 Pa Section 1: Introduction This Management Compensation Plan (MCP) will govern the compensation and schedule of benefits for Confidential, Management, and Executive Management employees of the City of Temecula (City). Definitions Executive Management: Employees who are either Department Directors or defined as Executive Management by the Temecula Municipal Code or by City Policy. Executive Management employees are generally exempt from Fair Labor Standards Act (FLSA) overtime requirements. This exemption is based upon the fact that all executive management employees have passed the salary and duty tests required for this exemption. 2. Management: All employees defined as Management employees by the Temecula Municipal Code or City policy. Management employees are generally exempt from FLSA overtime requirements. This exemption is based upon the fact that all management employees have passed the salary and duty tests required for this exemption. 3. Confidential: Confidential Employees are defined as an employee whose duties normally require access to confidential information; an employee who acts in a confidential capacity who contributes significantly to the development of management policies and procedures. Confidential employees will be reviewed on a classification -by -classification basis to determine if they are or are not eligible for exempt status. Section 2: Personnel Files The official personnel file of each employee shall be maintained in the Human Resources Department. An employee may authorize a supervisor/manager in writing to review or obtain copies of the employee's file with the exception of material that includes ratings, reports or records which are obtained prior to the employment of the employee involved. 2.1 Derogatory Material Derogatory written materials (generally written reprimands and disciplinary suspension, excluding performance evaluation) shall be removed from an employee's official file in the Human Resources Department, providing there have been no further occurrences of documented violations, at the employee's request. Written reprimands are eligible to be removed, after two (2) years and disciplinary suspension after three (3) years if above criteria have been met. In order for the derogatory written materials to be removed, Human Resources must receive a formal written request from the employee to remove such materials. 3 2.2 Derogatory Material on File Employees shall be provided a copy of any derogatory material that is to be placed in their official file. 2.3 Customer/Citizen Letters of Commendation All customer or citizen letters of a positive nature and/or any City commendations, letters of achievements and recognition will be placed in the employee's personnel file, at the employee's request. Section 3: Hours of Work The City has an absolute right to assign work schedules for City employees. If the City proposes to change the work schedule of a classification or an employee in a classification, covered by this plan, the City will provide the employee with a written notice which will include the valid business need for the schedule modification. Such written notice will be provided at least ten (10) business days in advance of any change. The City will continue to offer alternative Work Plans where business needs (e.g., customer service and employee productivity) are prioritized and uncompromised. Examples of alternative Work Plans include: • 9/80 Work Plan: an employee works nine days in a two -workweek period, but scheduled to work 40 hours in either workweek. • 4/10 Work Plan: an employee works 4 10-hour days in a workweek for a total of 40 scheduled work hours. Unlike non-exempt employees, exempt employees receive a salary for their services and are not responsible for reporting their work hours on an hour for hour basis. Management employees will receive full day compensation when hours worked, on that day, is only partial, with the understanding that Management (exempt) employees work more than an average of 40-hours per week. 3.1 Participation Employees have the option of participating in an alternative Work Plans if the Department Director has agreed, and the affected classification is eligible based upon the scheduling and service needs of the department. Upon Department Director approval, employees may change between Work Plans on a temporary or on -going basis. 3.2 Work Week 5/40 and 4/10 work week defined: for the purpose of computing overtime, the workweek for employees who work the 5/40 or 4/10 schedule is a seven (7) day period beginning at 12:01 a.m. on each Saturday and ending at midnight on each Friday. I'! 9/80 work week defined: for the purpose of computing overtime, the work week for regular employees who work the 9/80 schedule is a seven (7) day period beginning exactly four hours after the start time of the regular employee's work schedule on the day of the week the employee is scheduled to work eight (8) hours. 3.4 Alternating Day Off Designation Friday will be the only alternating day off during the week unless modified by the Department Director. Executive Staff member modifications must be approved by the City Manager. 3.5 Flexible Working Hours An employee may flex their work hours within the assigned work schedule (9/80 vs. traditional) with Department Director approval. Flexible work hours are defined as start and stop times within a day which may vary, including lunch duration, as long as it stays within their assigned work schedule and is in accordance with relevant labor laws. Section 4: Compensation Adjustments Effective July 1, 2019, all employees subject to this Management Compensation Plan shall receive a Cost of Living Adjustment equivalent to the lower of either the percentage change of the CPI for Urban and Clerical Workers for Riverside -San Bernardino -Ontario, CA for January 2019 compared to January 2018, or 3%. If the CPI comparison is negative, the Cost of Living Adjustment shall be 0%. 4.1 Longevity Compensation Upon completion of 10 years of City Service, employees covered by this plan will receive a one time lump sum Longevity Bonus of $350. Upon completion of 15 years of City Service, employees covered by this plan will receive a one time lump sum Longevity Bonus of $500. Upon completion of 20 years of City Service, employees covered by this plan will receive a one time lump sum Longevity Bonus of $750. Upon completion of 25 years of City Service, employees covered by this plan will receive a one time lump sum Longevity Bonus of $1,000. 4.2 Special Merit Pay In an effort to recognize and reward sustained superior performance, the City will provide a Special Merit Pay Program to eligible employees. Employees will be eligible for $500 in Special Merit Pay, on their service anniversary date, if they have an overall rating of "Commendable" or "Outstanding" on three out of their last five annual evaluations. The overall rating needs to be Commendable or Outstanding including + or —. Combination ratings such as Typically Meets/Commendable (T/C) will not be counted as an eligible rating. Should there be a 5 change to the rating categories as a result of revisions to the City's Performance Evaluation format, the City agrees to discuss needed adjustments to this provision. If an employee's annual evaluation is 90 days overdue and they are eligible for Special Merit Pay, a rating of "Commendable" or "Outstanding" will be required on only two out of the employee's last four annual evaluations. The Special Merit Pay will be paid to an eligible employee as soon as practicable following the 90 day period. Executive Staff members are not eligible for Special Merit Pay as outlined in this section. 4.3 Bilingual Pay Employees, who have demonstrated the ability to translate both written and spoken Spanish, by passing an annual City administered test, will receive $50 per pay period for bilingual compensation. This bilingual compensation is provided as an incentive to recruit and retain bilingual employees in order to ensure that the City provides quality customer service to residents. For the purpose of this policy, the City will provide bilingual compensation to a maximum of two employees in each operating department. If more than two employees are eligible, actual compensation will be awarded based on the two highest scores on the annual City administered test. Based on service level needs, the number of eligible employees can be modified by the City Manager or designee to meet the City's needs. 4.4 Notary Pay The City will provide $25.00 per pay period to employees who maintain a public notary and who are designated by the City as a Public Notary. 4.5 PERS Reportability The City makes no representation as to whether any of the compensation or payments in this MCP are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this MCP is outside of the City's control. Section 5: Holiday PaX 5.1 Assigned Schedule for Holiday Pay Based upon the eligible employee's assigned schedule, they will receive holiday pay for hours worked on the applicable City observed holiday. 5.2 Pro -Rated Holiday Pay Regular part-time employees receive holiday pay on a pro -rated basis based on the employee's assigned work schedule. X 5.3 Scheduled to Work a Holiday If a Confidential Non-exempt Employee is required to work on a holiday, then that employee will be paid for the actual hours of work at the rate of one and one half times that employee's regular rate of pay plus a shift differential, in accordance with Section 10. In addition, the employee will be paid holiday pay in accordance with Section 5.1 or 5.2. 5.4 Work Plan for Holiday Pay on Employee's Scheduled Day Off If a holiday occurs on an employee's scheduled day off, the employee will receive holiday pay in the amount of eight (8), nine (9), or ten (10) hour increments, as applicable, preceding the observed holiday. 5.5 Floating Holiday Based upon the eligible employee's assigned schedule, a floating holiday will be provided at the beginning of each fiscal year. The floating holiday hours will be pro -rated at the time of hire. When using a floating holiday, employee must use the hours in one block. The floating holiday cannot be used to make up time for being short time during a regular workday. The floating holiday needs to be treated as a regular City observed holiday. The floating holiday may not be carried over year to year and cannot be cashed out at the end of a fiscal year. Section 6: City Holidays Benefitted employees receive a total of 12 City holidays each calendar year. The City observes the following 12 fixed holidays: New Year's Day Martin Luther King, Jr. Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Day '/2 day — Christmas Eve Afternoon Christmas Day '/2 day — New Year's Eve Afternoon Observance: holidays which fall on a Saturday will normally be observed on the preceding Friday, holidays which fall on a Sunday will normally be observed on the following Monday. The City Manager will determine the actual dates on which holidays will be observed each year. In the case of the'/2 day holiday observances, City facilities will be closed to the public at noon. One floating holiday is provided in each Fiscal Year this MCP is in effect. Floating Holidays must be scheduled in advance, similar to scheduling other time off. 7 Eligibility: regular employees who are on paid status for their entire regular work shifts immediately prior to and immediately following the holiday will be paid for the holiday. Workers' Compensation, short-term, and long-term disability payments shall be considered paid status for the purpose of eligibility. Section 7: Overtime All non-exempt employees required to perform in excess of 40 hours in a work week, as defined in Sections 3.2 and 3.3, shall receive compensation at the rate of time and one-half of the employee's regular rate of pay for hours worked in excess of 40 hours. All employees required to perform in excess of 12 hours in a workday shall receive compensation at the rate of double time of the employee's regular rate of pay for those hours in excess of 12 hours. For the purposes of determining double time, a work day is defined as the 24-hour period beginning at 12:OOAM and ending at 11:59:59PM. In determining an employee's eligibility for overtime, paid and unpaid time off, as listed below, shall be excluded from the total hours worked. Also excluded are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. Paid time off includes, but is not limited to, the following: A. Unscheduled Comprehensive Annual Leave B. Unscheduled Compensatory Time C. Administrative Leave D. Jury Duty E. Bereavement Leave F. Military Leave There shall be no pyramiding of overtime, except for shift differential pay. Time worked shall be computed by rounding to the nearest 15 minute increment. As defined, if less than 7 minutes are worked then time worked will be rounded down and if the employee works between 7 and 15 minutes, then time worked will be rounded up. Employees may elect to receive compensation or bank the overtime as Compensatory Time. In addition the following provisions apply. 7.1 Time Worked Time worked: for purposes of this section, hours worked include only those hours in which the employee performs services authorized by the City. Section 8: Overtime Authorization No non-exempt employee shall work overtime unless the working of overtime hours has been specifically authorized in advance, by the employee's supervisor. Violations of this section can result in disciplinary actions pursuant to the City's Disciplinary Policy. Fn Section 9: Compensatory Time In lieu of receiving overtime pay pursuant to Section 7 (Overtime) and Section 8 (Overtime Authorization) a non-exempt employee may elect to receive compensatory time off on a time and one-half basis for each hour worked. Compensatory Time Off is considered permissive leave and subject to department approval consistent with Section 17 (Paid Leave). In addition, the following shall apply regulating the usage of compensatory time off: 9.1 Accrual No employee shall accrue more than 80 hours of Compensatory Time. 9.2 Time Used for Leave Compensatory Time may be used for leave subject to scheduling in accordance with Section 17 (Paid Leave) of this MCP. 9.3 Cash Out All Compensatory Time that is available to a non-exempt employee will be cashed out, at full value, and given to the employee in a pay period between November 15 and December 10. The Compensatory Time cash out will be paid out on a separate check. Under sole discretion of the City Manager, employees may carryover a maximum of 80 hours of Compensatory Time that would need to be used within 60 days. Requests to carry over Compensatory Time shall be made in writing to the Human Resources Department by November 1st Section 10: Shift Differential Pay Non-exempt employees are eligible to receive a 5% shift differential (above their appropriate rate of pay) for all hours worked on Sundays, holidays, as well as the hours worked between 10 p.m. and 6 a.m. Any overtime worked on Sundays, holidays and the hours between 10 p.m. and 6 a.m. will be based on the shift differential overtime rate. Employees are eligible to receive a 5% split shift differential (above their appropriate rate of pay) for all hours worked in a day where their regular shift is split into segments with two hours or more between segments. Section 11: TemporaryUpgrade Assignment As a result of vacancies, leaves of absence or other reasons, it may be necessary to temporarily reassign the duties of an authorized position to another employee. When such assignments require the employee to assume significant additional duties, which are outside the scope of the employee's regular assignment, it is appropriate to adjust the employee's salary to reflect the interim changes. An employee who is temporarily upgraded shall be subject to the FLSA designation (i.e. exempt vs. non-exempt) of the temporary upgrade position. Employees who are non-exempt, but assume an exempt Temporary Upgrade position shall accrue Administrative/Executive Leave on a pro -rated basis as consistent with the accrual assigned to the assumed Classification in the Management Compensation Plan. Temporary Upgrades shall be processed in accordance with the City Personnel Policy covering this necessity. 9 The difference between an employee's usual pay and temporary upgrade pay will only be reported to CalPERS as income to the extent permissible by law. In the event an employee serves in a Temporary Upgrade Assignment for more than 1-year, the employee will be eligible for a review evaluating their performance in the temporary upgraded assignment. A compensation increase may be granted as a result of this review if the employee is not at the top step of the upgraded assignment salary range. Consistent with the temporary upgrade assignment, any compensation increase associated with an annual review will also expire upon completion of the temporary upgrade assignment. Section 12: Out -of -Classification Pa Employees may be assigned to perform a portion of the duties of a position in a higher classification on a temporary basis. Such assignments shall be termed "out of classification" or "out -of -class" work. Out -of -class work is only subject to out -of -class compensation when the employee is assigned by Employee's Department Head, or by such person designated by Department Head, to perform work of a higher job classification. A vacancy is not required to qualify for out -of -class pay. It is understood that, from time to time, a Department Director may assign a temporary project or task to an employee which requires a higher level of responsibility, knowledge, skills, and/or abilities than is outlined in his/her current Classification Specification. It is recognized that the infrequent assigning of such project or tasks is meant to be non -habitual and does not constitute out of classification work subject to reclassification studies as outlined in Section 31.2. 12.1 Compensation City agrees to compensate Employees, at that certain step in the salary range of the higher classification which generates an increase above the employee's current salary of not less than five percent (5%). Employee shall be compensated on an hour -for -hour basis for out -of -class work for each instance where out -of -class work is assigned. 12.2 Length of Out -of -Class Assignment Employees shall not remain in out -of -class pay for more than 180 cumulative calendar days per assignment. 12.3 Voluntary Out -of -Class Work Exclusion It is understood that in an effort to assist Employees in obtaining experience or training for future promotional opportunities, Employees may from time to time volunteer to perform the duties of a higher job classification. Such voluntary performance on the part of employees shall not be eligible for compensation as out -of -class pay. 12.4 Submission of Out -of -Class Work 10 Out -of -classification work must be reported on the timesheet that corresponds with the pay period it was worked. Under no circumstances shall compensation for out -of - classification work be issued more than ninety (90) days retroactively, unless previously approved by the City Manager. Section 13: Probationary Periods All appointments, excluding promotional appointments, shall be subject to a probationary period of not less than one year of employment in the position. An employee on their original probation shall receive an evaluation at three months, six months and nine months. The City can extend probation for a maximum of six months. Employees will successfully pass probation if no extension is implemented and if no evaluation is provided by the last day of the probationary period. Passing probation is also not contingent on an employee receiving a probationary evaluation on time. 13.1 Promotional and Transfer Probation Promotional and transfer probationary appointments shall be subject to a probationary period of not less than six months of employment in the position. During the probation period, the employee may be rejected at any time regardless of service without the right of a hearing or appeal. Any employee rejected during a promotional probation to which they have been promoted shall be reinstated to a position in the class from which they were promoted unless they were discharged for cause from the City. Section 14: Eligibility for Merit Increases/Performance Evaluations Each probationary or regular employee will be considered for, but is not guaranteed, a merit adjustment annually at their regular or adjusted performance evaluation date. Merit adjustments may be denied, deferred for future consideration, or granted at .5, 1, or 1.5 step intervals, at the Department Director's discretion and subject to City Manager's approval. Annual Performance Evaluation meetings will be completed within 30 days of the employee's performance evaluation due date. Regular and Promotional Probationary employees are eligible for merit adjustments at or near the completion of their one year of continuous service in their current position and annually thereafter, provided that the employee is not a Y-Rated employee, has not changed positions, or is not at the maximum rate for their salary range. Approved merit adjustments will be retro-active to the official evaluation due date. 14.1 Performance Evaluations The Management Evaluation System (MES) will be used for the employees covered by this MCP. The MES will be utilized in evaluating an employee's performance, setting goals and objectives and recommending adjustments to annual compensation. The MES will utilize five ratings for each evaluation criteria: Outstanding, Commendable, Typically Meets, Improvement Needed, and Unsatisfactory. Newly hired Management employees will be evaluated at the completion of three, six, nine, and 12 months, and annually thereafter. 11 14.2 Overdue Evaluations Human Resources and Supervisory staff will work cooperatively to ensure the timely presentation of annual evaluations. At 60 days past the official evaluation due date, the Director of Human Resources will meet with the appropriate Department Director, of the affected employee, at which time a date will be determined to give the evaluation. If an annual evaluation becomes 90 days overdue, an automatic step increase will be given (if applicable). Section 15: Tuition Reimbursement When an employee is ready to enroll in classes that they would like to receive tuition reimbursement for, they must first submit a tuition reimbursement pre -approval form to their supervisor. If approved, the supervisor, in turn, would submit the pre -approval form to Human Resources for consideration. As a condition of being reimbursed, the employee agrees to continue employment with the City for one year past the date of the receipt of the reimbursement. If the employee leaves the City, the amount of the reimbursement will be due to the City. Reimbursement is limited to no more than $1,200 for training or educational expenses in any one fiscal year. Additional funds may be approved on appeal to the City Manager. 15.1 Required Educational or Training Courses Any educational or training course that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City. Any other educational or training course that is job related shall, if prior approval for reimbursement is given by the City Manager or a designee, be reimbursed 100% after successful completion. All college or other graded classes shall require a minimum grade of a "C" in order to receive such reimbursement. Books or other materials shall only be paid for if some defined benefit can be shown to the City (i.e. books become part of the City reference library). Once the employee has received their official course grade, they then attach appropriate receipts and proof of grades to the City's Tuition Reimbursement form, complete the employee portion, have their Supervisor/Department Director complete their portion and submit the completed packet to Human Resources. Once reviewed and approved by Human Resources, the approved packet is submitted to the Department of Finance for processing. The employee will receive their approved tuition reimbursement amount on the next payroll cycle. 15.2 Training Time In general, training time during working hours shall be considered part of the job. Non - mandatory training after hours shall be considered voluntary, and no additional pay, overtime or compensatory time shall be given by the City, unless advanced special written approval is granted. Study time shall be considered completely voluntary. 15.3 Reimbursement Although the City applauds employees for their efforts in pursuit of additional education, the City shall not pay for educational degrees or for education in general, but will only reimburse employees for required or job -related classes and training. No 12 reimbursement shall occur if an educational class does not provide a benefit to the City. The only exception to this is, the City will reimburse employees for three general education classes, as long as the classes are a part of a degree or certificate program. These three classes must be approved, in advance, as required by this policy. There is no mileage reimbursement for travel to and from educational classes. Required forms must be completed and necessary documentation (receipts and grades) must be provided, in order to receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be made by the City Manager after review of the request and recommendations by the Department Director and the Director of Human Resources/Risk Management. Section 16: Employee Computer Purchase Program This program allows regular employees to borrow, at no interest, up to $2,000 to purchase a personal computer, iPad and/or similar "computer tablet" devices, and related accessories with a loan repayment plan of up to 24 months. An employee must show proof of payment (i.e. not simply proof of order), and may only have one loan outstanding under this program at any time. To qualify for the program, employees must be a regular employee, and have successfully passed their initial probationary period. This program will be administered pursuant to the City's Employee Computer Purchase Program Policy. In the event of termination of employment for any reason, the entire unpaid balance shall immediately be due and payable, without notice. Any remaining unpaid balance shall first be deducted from the final paycheck to the extent allowed by law. In the event the final paycheck is not sufficient to pay off the principal sum, then any resultant balance must be paid, in full, with other resources of the borrower. Section 17: Paid Leave The City recognizes that there are various reasons for an employee to be away from the workplace. The following subsections describe the types of leave that may be utilized. 17.1 Comprehensive Annual Leave Comprehensive Annual Leave (CAL) is to ensure that all employees have an adequate amount of time off each year for rest and relaxation, personal business or personal/family illness. Regular employees earn Comprehensive Annual Leave (CAL) from the date of hire. Employees who are paid for less than 80 hours in a pay period will earn Comprehensive Annual Leave credits on a pro -rated basis for that pay period. 13 Employees covered by this plan will earn CAL from the date of hire by the following accrual rates: Biweekly Maximum Annual Annual Leave Accrual Rate Accumulation Increment (hours) (hours/pay (hours) period) Hire Date 177 6.808 354 2-4 Years 193 7.423 386 4-6 Years 233 8.962 466 6-8 Years 249 9.577 498 8-10 Years 265 10.192 530 10+ Years 289 11.115 578 15+ Years 289 11.115 658 Annual leave will be earned on a prorated rate each pay period. The maximum balance of unused CAL an employee may have at any one time is two times the employee's annual accrual. Employees with 15 or more years of service may accrue up to a maximum of two times the employee's annual accrual, plus 80 hours. The City Manager may grant an employee, on a case by case basis, the ability to accrue annual leave above the annual accrual limit for good cause shown. The administration of Comprehensive Annual Leave shall be pursuant to the City's Administrative Guideline. 17.2 CAL Donations An employee may request the use of CAL donations in extraordinary situations or if in the event of a medical hardship to the employee or an immediate family member of the employee. Refer to Section 17.5, Bereavement Leave, for definition of family member. A "medical hardship" is defined as a serious medical condition that would require the prolonged absence of the employee from duty and would result in a substantial loss of income to the employee because the employee would have and would be required to exhaust all of their available paid leave. Upon approval from the City Manager, or designee, the employee may use up to a maximum of 160 hours of donated CAL per fiscal year. The City reserves the right to request a physician's verification of the medical condition. In addition, the application of this section is independent of any federal or state mandated protected leave (e.g., FMLA, CFRA, PDL, etc.). Employees may donate a maximum of 16 hours each time CAL donations are requested, however full-time employees must have 120 hours remaining and part time employees must have a proration of 120 hours based on their full-time equivalent allocation on the Schedule of Authorized Positions remaining in their CAL bank after the donation. The City will pool all hours that are donated and employees, who are eligible and approved to use donated CAL hours will receive donations from the pool. 17.3 Executive and Administrative Leave All Executive Management employees covered by this MCP will be provided with a total of 80 hours of Executive Leave per fiscal year. All other Management employees 14 covered by this MCP will be provided with a total of 60 hours of Administrative Leave per fiscal year. Confidential employees are not entitled to Executive or Administrative Leave as that group is eligible to receive overtime pay. Executive and Administrative leave will be provided at the beginning of each fiscal year and must be taken during the fiscal year that it is acquired. If this leave is not taken during the year it is acquired, it will be cashed out with the CAL cash out pay period in June. The City Manager may approve up to an additional 40 hours of Executive Leave per year where the employee has provided exceptional service. Upon the recommendation of the employee's Department Director, the City Manager may approve up to an additional 40 hours of Administrative Leave per year where the employee has provided exceptional service. 17.4 CAL/Executive/Administrative Leave Time Cash Out Employees covered by this MCP may cash out up to 120 hours of CAL per fiscal year to be taken as taxable wages or deposited into a pre- or post -tax 457 account, provided a balance of 120 CAL hours is available after the cash out. CAL may be cashed out twice a year, once near the beginning of December and once in June. The CAL cash out pay periods will be determined by the City's Finance Department. The City Manager in his/her sole discretion may allow an employee to cash out CAL time outside of the pay periods determined by the City's Finance Department if the employee is faced with a financial emergency; however, the employee is still only allowed two cash outs per fiscal year as outlined in this section. Upon separation from employment from the City, an employee shall be entitled to cash out their remaining Comprehensive Annual Leave balance at their regular, non -overtime rate of pay. An employee may run out their remaining Comprehensive Annual Leave balance in lieu of a cash out (i.e. terminal leave) if the employee provides a minimum notice of 45 calendar days before the terminal leave commences. In cases with extraordinary circumstances, terminal leave requested with less than 45 calendar days' notice is subject to approval by the City Manager at his/her sole discretion. In all instances, written notice of separation from employment shall: 1) include the final date of employment; 2) be final and irrevocable; and, 3) may be accepted by the employee's supervisor, manager, director, or anyone in the Human Resources Department Executive Leave and Administrative Leave may be cashed out twice a year to be taken as taxable wages or deposited into a pre- or post -tax 457 account, once near the beginning of December and once in June. The Executive/Administrative Leave cash out pay periods will be determined by the City's Finance Department. The City Manager in his/her sole discretion may allow an employee to cash out Executive Leave or Administrative Leave outside of the pay periods determined by the City's Finance Department if the employee is faced with a financial emergency; however, the employee is still only allowed two cash outs per fiscal year as outlined in this section. Any Executive or Administrative Leave not used during the fiscal year in which it was acquired will be cashed out and included with any CAL cash out in June of each year. 15 17.5 Bereavement Leave The City recognizes the importance of providing employees time off to mourn and take care of any details relating to the death of a member of their immediate family. Employees may receive a maximum of three business days for bereavement of an individual who is a member of the employee's immediate family or of other similar relation as determined by the City Manager. If an employee must travel more than 500 miles, one way, to attend a funeral, the employee is eligible for five business days of bereavement leave. Employees may also use CAL time in conjunction with bereavement leave. For the purposes of this section, immediate family (including natural, step or in-laws) shall be defined as spouse, domestic partner, mother, father, sister, brother, daughter, son, grandchild, and grandparents. Administration of Bereavement Leave shall be pursuant to the City's Administrative Guideline. 17.7 Jury Duty and Court Related Absences The City encourages employees to serve as jurors when called upon to do so. When an employee serves on jury duty or is called to testify on a case involving official City business, the employee receives full pay from the City. Employees are not required to submit any compensation received from the court for serving as a juror to the City. If an employee needs to appear in court regarding a personal situation or is summoned to report to court for a civil or criminal case that does not involve official City business then the employee is required to utilize available CAL or other types of leave. Administration of Jury Duty and Court Related Absences shall be pursuant the Administrative Guideline. 17.8 Military Leave The City recognizes the importance of allowing employees time off to serve in the U.S. Armed Forces. Military Leave shall be granted in accordance with the provisions of state and federal law, thereby allowing employees to take time necessary for the defense of our Country. An employee who is a member of the National Guard or of a reserve component of the U.S. Armed Forces shall, upon furnishing a copy of the official orders or instructions, be granted a military training leave. Training leaves will not, except in an emergency, or in the event of extenuating circumstances, exceed two weeks per year, plus reasonable travel time. Upon presentation of a military pay voucher or endorsed orders, employees will receive full pay for up to 30 calendar days within one fiscal year. If the leave is greater than 30 days, then the employee may utilize accrued CAL or other types of leave available to the employee. Consistent with the City of Temecula City Council Resolution 90-067, if the employee is placed on active duty with appropriate documentation; the City will pay the difference 16 between the City employee's salary and the employee's military pay for the entire duration of active duty. Compensation received is not reportable to CalPERS. The City is required by law, to return the employee to the same classification upon the employee's return to City service. Administration of Military Leave shall be pursuant to the City's Administrative Guideline. 17.9 Alternative Parental Leave The City shall provide six weeks of paid leave to employees for the purpose of bonding with a child in connection with the surrogate birth, adoption or foster care placement of that child. The child may be from a surrogate or non -surrogate parent or agency. The six weeks shall be paid at the rate of 2/3 of the employee's current base salary, and no other benefits shall be enhanced or reduced as a result of using this leave. Employees may use other accrued paid leave (e.g., CAL time) to supplement their pay up to 100% of their current base salary in conjunction with this leave. The six weeks of leave need not be used consecutively; however, it is limited to the first year after the birth, adoption, or foster care placement of the child. Supporting documentation will be required. Alternative Parental Leave is intended to provide paid leave to parents similar to that afforded to new mothers eligible for disability leave, so Alternative Parental Leave may not be used in combination with disability leave connected with giving birth to a child. Section 18: Leave of Absence To the extent not already provided for under current leave policies and provisions, the City will provide family and medical care leave for eligible employees as required by state and federal law. Further, employees shall be reasonably accommodated for any disability protected by law (e.g., Americans with Disability Act or "ADA") if the employee requests such accommodation.Administration of protected leaves shall be pursuant to the City Administrative Guidelines. 18.1 Pregnancy Disability Leave A pregnant employee shall be entitled to a leave of absence without pay for up to four months so long as the employee's attending physician certifies that she is physically unable to work due to pregnancy, childbirth or related medical condition. During said leave of absence without pay, the employee has the option of using CAL time. In addition, employees who are out on Pregnancy Leave will also be placed on FMLA. Their Pregnancy and FMLA Leaves will run concurrently. Upon expiration of the approved leave, the employee shall be reinstated to her former position or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. The comparable position is one having similar terms of pay, location, job content and promotional opportunities. Prior to the employee being reinstated, the Department Director may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of her position. Failure to return to work after the authorized four month leave period causes the employee to have no reinstatement 17 rights. An employee who plans to take such a leave should give reasonable notice of the date the leave shall commence and the estimated duration of the leave. Section 19: Leaves of Absence Without Pay Leave of Absence without Pay is to be used for the purpose of unforeseen circumstances related to FMLA, CFRA or pregnancy leaves or other situations where leave is requested by the employee. In all cases, Leaves without Pay must be approved by the City Manager or designee, and do not continue accrual of benefits. Employees should refer to Human Resources for specific details. Administration of Leaves of Absence Without Pay shall be pursuant the Administrative Guidelines Section 20: Health and Wellness Benefits The City shall provide each regular employee with a Health Flex Contribution of $400 per month. This allotment is intended to bring the City into compliance with the U.S. Patient Protection and Affordable Care Act ("ACA"). The Health Flex Contribution may only be used toward City -sponsored health, dental, and vision insurance premiums, or deposited into a health flexible spending account as permitted by IRS laws. Any unused portion of the $400 allotment shall be forfeited by the employee (i.e. this is a "use it or lose it" benefit). The City shall also provide each employee with a Cafeteria Contribution of $1,200 per month for full-time employees and pro -rated based on full-time equivalency for part-time employees. Consistent with past practice, this payment includes the PERS statutory minimum payment for each calendar year of this Agreement for both active employees and annuitants (retirees). The Cafeteria Contribution must be applied to all mandatory benefits as determined by the City. The first day of the month following the date of hire, an employee shall be covered under mandatory benefits as set forth in the contract between the City and the carrier(s). The employee can then apply the remainder of the Cafeteria Contribution to optional benefits provided by the City, including: health insurance premiums, dental insurance premiums, vision insurance premiums, additional life insurance premiums, flexible spending accounts, and other supplemental insurance premiums. Any unused portion of the $1,200 allotment may be deposited into a deferred compensation account, or taken as taxable income. The City will discuss any state or federally mandated changes in benefits that occur following adoption of this MCP. The City agrees to include two MCP covered employees as part of the formal Benefit Committee that meets to discuss annual changes in any health and welfare benefit proposal for the next plan year. The benefit committee will meet prior to the start of the open enrollment period to educate employees on benefits provided during the upcoming plan year. 20.1 Health Coverage While this MCP is in effect, the City will continue offering the PERS Health Plan. An employee seeking to opt out of City -sponsored medical insurance must provide documented evidence of minimum essential health coverage pursuant to the ACA, which must cover both the employee and all individuals in the employee's expected tax family, if any. Each year, during open enrollment or as otherwise required by the City, the IN employee must provide the City with an attestation or other reasonable documentation, subject to the City's approval confirming such alternate coverage. According to the ACA, the City must not make payment if the City knows that the employee or family member does not have the alternative coverage. The City will meet with the Benefit Committee to discuss any changes in the City's Health Plan prior to open enrollment. 20.2 Dental Coverage While this MCP is in effect, the City will continue to offer dental coverage to employees covered by the MCP. The City will meet with the Benefit Committee prior to selection of the dental plan for a respective Plan Year. 20.3 Vision Coverage While this MCP is in effect, the City will continue to offer vision coverage to employees covered by the MCP. The City will meet with the Benefit Committee prior to selection of the vision care plan for a respective Plan Year. 20.4 Disability Insurance The City mandates enrollment in short-term (STD) and long-term disability insurance to employees covered by this MCP. The City will meet with the Benefit Committee prior to selection of short-term and long-term disability insurance. The STD disability insurance elimination period of 0 - 7 calendar days for accident/in-patient hospitalization; and the STD disability insurance elimination period of 7 -14 calendar days for illness and outpatient procedures shall be the basis for the available coverage. Employees should refer to Human Resources regarding specific details on short term and long term disability coverage. 20.5 Flexible Spending Account While this MCP is in effect and as long as lawfully permitted, the City will continue to offer a Flexible Spending Account in accordance with applicable IRS statutes in order to provide employees the greatest possible tax benefit. Included in the Flexible Benefits Program are reimbursement accounts for eligible healthcare expenses and eligible child/dependent care expenses. 20.6 Retiree Medical, Dental and Vision Premium Reimbursement The City will provide medical, dental and vision benefits, for eligible employees and their spouse, upon retirement from the City of Temecula, as follows: A. Employee must meet all of the following criteria in order to qualify for the Retiree Medical, Dental and Vision Premium Reimbursement benefit: 1. Must have been hired on or before June 30, 2005 in a regular, authorized position; 19 2. must have, upon retirement, completed a minimum of 12 years of cumulative service to the City of Temecula in a regular, authorized position status; 3. must have retired from the City of Temecula on or after July 1, 2003 in accordance with CalPERS standards; and, 4. must have been continuously employed in a regular, authorized position from July 1, 2005 until his or her retirement from the City of Temecula. Part-time, regular, benefited employees shall also be eligible provided that total service in Temecula, as defined by PERS, meets the required minimum for this benefit and if they meet the other criteria set forth in this article. If a retired Temecula employee reinstates to a regular benefited position with any California PERS Agency, including the City of Temecula, this benefit will be discontinued and will not be reinstated. B. Retirement from the City of Temecula shall be defined as a PERS service or industrial disability retirement, and employee must be eligible for such retirement at the time of or within 120 days of separation from City service. The date of eligibility shall be the employee's official CalPERS retirement date. C. Employees who have retired prior to the effective date of this MCP will be eligible for this benefit in accordance with the terms of the agreement at time of retirement. D. Eligible City of Temecula employees (as defined above), who retire during the term of this MCP will be eligible for a reimbursement, for monthly premiums (not including co -payments, prescriptions, and other non -premium expenses) purchased and paid for by them, of up to the current monthly cafeteria plan allotment, for continued medical, dental and vision coverage as provided for in sections 20.1, 20.2 and 20.3 of this MCP. This payment will begin within 30 days of the employees' PERS retirement, and upon written notice from the employee and verification of current payment amounts and will continue through the term of this agreement. E. The amount of actual payment will be based on proof of continued medical, dental or vision insurance and verification of the payment amount. Be advised — the PERS medical premium on a PERS retiree's check is the premium amount AFTER the City of Temecula's mandatory employer contribution has been deducted. Therefore, the net amount reimbursed will be based on the mandatory employer contribution rate, established by PERS annually, that is deducted. In addition, the maximum amount of payment will include any mandatory medical payments made by the City. If employee moves from PERS service area, and coverage under the City's medical, dental, and/or vision plans is not available, employee may request that an alternate medical, dental, and/or vision plans be approved by the City, if allowed by law. Coverage is limited to employee, and if applicable, to spouse. The medical, dental, and/or vision insurance benefits will continue for eligible employees, even after the employee qualifies for Medicare coverage. Medicare supplemental coverage and related premiums will be set in accordance with CalPERS benefit standards. The existing Dental and Vision benefit plans only allow continuation of coverage for retirees for 18 months, after retirement. Following this time period, it is the retiree's responsibility to enroll in dental and vision coverage of their choice. In order to receive reimbursement (not to exceed all the monthly allotment), the retiree needs to submit proof of coverage annually to the City's Director of Human Resources. For all coverages which are outside the PERS medical plan service area, eligible retired employees, or their authorized legal representative, must submit, to the City's Human Resources Department, proof of coverage and the premium amount for the upcoming year within 30 days of the first payment. If proof of coverage is not received within said 30 days, payments will not be made until the proof of coverage is received for that year. Retroactive payments will not be made if the employee fails to submit this information on a timely basis. It is the responsibility of the retired employee to notify the Director of Human Resources of any changes in premium amounts or change in status. This benefit will discontinue upon the death of the retired City employee. Section 21: Life Insurance The first day of the month following the date of hire, and upon proper application and acceptance by the insurance carrier, an employee will be covered under a group life insurance plan for the amount of $50,000, with the premium being deducted from the employee's City cafeteria plan allotment amount. For employees covered by this MCP, an additional $100,000 of group life insurance coverage will also be provided with the additional cost for said coverage being paid for by the City of Temecula. Dependent Life Insurance and Voluntary Life Insurance is available to employees requesting additional coverage. This coverage is available outside of the City's Section 125 Cafeteria Plan and is purchased directly by the employee with no cost to the City. Section 22: Retirement The City has established a multi -tiered retirement benefit. Employees who are not eligible to participate in PERS will be able to participate in an alternate City approved retirement plan, as allowable by law. The City's contribution to an alternate retirement plan would be limited to the same cost as provided by the City to PERS. Tier 3 Pursuant to the Public Employment Pension Reform Act of 2013, (also known as "PEPRA", Assembly Bill 340), those who first become employed by the City on or after January 1, 2013, and who are "new members" as that term is defined in PEPRA, shall be subject to a third tier Public Employees Retirement System (PERS) formula of 2% @ age 62, and a benefit based on the highest 36 months of employment. New members shall pay their entire PERS member contribution by payroll deduction at a rate set by PERS at 50% of normal cost as that term is defined in PEPRA. New members shall also be subject to all other applicable provisions of PEPRA. This retirement formula shall be known as Tier 3. Tier 2 The City's second tier PERS retirement formula of 2% @ age 60 applies to employees hired on or after September 24, 2011, and up to and concluding December 31, 2012, as allowable by law. Tier two also applies to those hired at any time after September 24, 2011, who had prior 21 membership in PERS or in another retirement system that has reciprocity with PERS, as determined by CalPERS. Highlights include the following: • A three-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service Tier 1 The City's first tier PERS retirement formula of 2.7% @ age 55 applies to employees hired prior to September 24, 2011 as allowable by law. Highlights include the following: • One-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service. For retirement tiers 1 and 2, employees shall pay 3% of the PERS employer contribution. The City shall pay the Member Contribution (EPMC), required by the Public Employee's Retirement System to maintain the current level of benefits for employees covered by this MCP. Employees covered by this MCP will be eligible for the City reporting the value of the Employer Paid Member Contribution as Special Compensation to PERS. The City will pay the cost of this Special Compensation benefit, the "PERS on PERS" cost. This provision shall not be effective unless and until the City completes all applicable approvals and process required by law. Regular City employees are not covered under Social Security (Medicare only). Survivor Benefits: The City of Temecula's PERS 1959 Survivor Benefit coverage (Government Code section 21574) is a higher level of cash benefit paid to survivors of an employee who dies prior to retirement. The City provides Level 4 of PERS' Survivor Benefit. Section 23: Deferred Compensation The City will provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the City. Section 24: Alcohol and Drug PolicX It is the policy of the City to have a work environment free from the effects of drugs and alcohol. To accomplish this objective, employees covered by this MCP agree to abide by the City of Temecula Alcohol and Drug Policy while this MCP is in effect. 09 Section 25: Uniform Allowance and Boot Reimbursement Employees covered by this MCP that are responsible for field operations and that are routinely working in the field are eligible for an annual clothing allowance of $125. This allowance is intended to cover the cost of replacing clothes subject to abnormal wear and tear due to field hazards. In the event an employee covered by this MCP is required to wear safety boots or shoes the employee will be eligible for an annual boot allowance of $175. Section 26: Reasonable Accommodation of Emnlovees with Disabilities Because the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA) requires reasonable accommodations for individuals protected under the Act(s), and because these reasonable accommodations must be determined on an individual case -by -case basis, the provisions of this MCP may be disregarded in order for the City to avoid discrimination relative to hiring, promotions, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leave, fringe benefits, training opportunities, hours of work, or other terms and privileges of employment. The City has the legal obligation to meet with the individual employee to be reasonably accommodated before any adjustment is made in working conditions. Any reasonable accommodation provided to an individual protected by the Act(s) shall not establish a past practice, nor shall it be cited or used as evidence of a past practice. Section 27: Discipline It is the City's belief that rules of conduct are most effective when they are written and communicated to employees and supervisors, consistently enforced, and the difference between major and minor forms of misconduct recognized. The City's goal is to administer discipline on an equitable and corrective basis. Effective discipline reinforces training by identifying rules and their reasons, correcting misconduct or improving job performance, serving as a deterrent through enforcement, and penalizing in relation to the severity of the offense and the employee's past record. All Disciplinary actions shall be pursuant to the City's Discipline Policy. Section 28: Classifications Covered under this Plan All authorized positions not represented by the Teamsters 911 are eligible for the benefits outlined in this MCP unless otherwise specified. Section 29: Reclassifications 29.1 Reclassification Implementation 23 Employees shall be placed into his/her new position's salary range at the salary step in the range closest to his/her current salary without going under, or to the first step in the range of the reclassification, whichever is greater. Employees whose current salary range is higher than their recommended classification's salary range shall retain their current salary range as a "y-rated" salary range. Y-rated salary ranges are not subject to cost of living increases; however, if the unmodified salary range for an employee's classification exceeds that of their y-rated classification's salary range due to a cost of living increase, the employee shall be placed in their classification's unmodified salary range at the salary step in the range closest to his/her current salary without going under. Employees shall not serve a probationary period as a result of being reclassified, and shall retain his/her performance evaluation date and merit increase eligibility prior to being reclassified. 29.2 Reclassification Studies If any employee covered by this MCP believes they are working out of classification, he/she is entitled to request a reclassification study to be conducted by the Human Resources Department. This request must be made by October 1st so the process can be completed in time for the mid -year budget or annual budget as determined by the City. Only employees whose work has fundamentally changed due to a department reorganization, changes to staffing levels, introduction of new programs or services, and/or re -allocations of work and internal reporting relationships may be considered for reclassification. 29.3 Reclassification Request Process Employees must make a request for a reclassification study in writing to the Human Resources Department to initiate the process. The employee will then be required to complete a Position Description Questionnaire (PDQ). If the PDQ demonstrates that the employee's work has fundamentally changed due to a department reorganization, changes to staffing levels, introduction of new programs or services, and/or re- allocations of work and internal reporting relationships, then the employee will be referred to an independent consultant who can objectively complete the reclassification study. The independent consultant shall determine the methodology used to conduct the reclassification study. The results of the study will be shared with the subject employee by May 1 st of the following calendar year, and the results are not appealable. C33 fh* H"A*f $Ov4hgrn 'Ca h:iirihi;e Wine Count City of Temecula City Council Compensation Plan Effective July 1, 2021 Table of Contents Section1: Introduction.....................................................................................................2 Section 2: Health and Wellness Benefits.........................................................................2 2.1 Health Coverage..................................................................................................... 2 2.2 Dental Coverage..................................................................................................... 2 2.3 Vision Coverage...................................................................................................... 3 2.5 Flexible Spending Account...................................................................................... 3 2.6 Retiree Medical, Dental and Vision Premium Reimbursement ................................. 3 Section3: Life Insurance.................................................................................................4 Section 4: Retirement...................................................................................................... 5 Section 5: Deferred Compensation................................................................................. 6 Section 6: Automobile Allowance.................................................................................... 6 Section 1: Introduction This City Council Compensation Plan (CCP) will govern the compensation and schedule of benefits for the City Council of the City of Temecula (City). As authorized by the provisions of Government Code Sections 53200 to 53299 and 36516 and other applicable law, Members of the City Council will receive certain retirement, health and welfare benefits as specifically designated in this CCP, and in the City of Temecula Fair Political Practices Commission Form 806. Section 2: Health and Wellness Benefits The City shall provide each City Council Member with a Health Flex Contribution of $400 per month. This allotment is intended to bring the City into compliance with the U.S. Patient Protection and Affordable Care Act ("ACA"). The Health Flex Contribution may only be used toward City -sponsored health, dental, and vision insurance premiums, or deposited into a health flexible spending account as permitted by IRS laws. Any unused portion of the $400 allotment shall be forfeited by the City Council Member (i.e. this is a "use it or lose it" benefit). The City shall also provide each City Council Member with a Cafeteria Contribution of $1,200 per month. Consistent with past practice, this payment includes the PERS statutory minimum payment for each calendar year of this Agreement for both active City Council Members and annuitants (retirees). The Cafeteria Contribution must be applied to all mandatory benefits as determined by the City. The first day of the month following the date of hire, a City Council Member shall be covered under mandatory benefits as set forth in the contract between the City and the carrier(s). The City Council Member can then apply the remainder of the Cafeteria Contribution to optional benefits provided by the City, including: health insurance premiums, dental insurance premiums, vision insurance premiums, additional life insurance premiums, flexible spending accounts, and other supplemental insurance premiums. Any unused portion of the $1,200 allotment may be deposited into a deferred compensation account. 2.1 Health Coverage While this CCP is in effect, the City will continue offering the PERS Health Plan. A City Council Member seeking to opt out of City -sponsored medical insurance must provide documented evidence of minimum essential health coverage pursuant to the ACA, which must cover both the City Council Member and all individuals in the employee's expected tax family, if any. Each year, during open enrollment or as otherwise required by the City, the City Council Member must provide the City with an attestation or other reasonable documentation, subject to the City's approval confirming such alternate coverage. According to the ACA, the City must not allow the City Council Member to opt out of City -sponsored medical insurance if the City knows that the City Council Member or family member does not have the alternative coverage. 2.2 Dental Coverage While this CCP is in effect, the City will continue to offer dental coverage to City Council Member covered by the CCP. ptl 2.3 Vision Coverage While this CCP is in effect, the City will continue to offer vision coverage to City Council Member covered by the CCP. 2.5 Flexible Spending Account While this CCP is in effect and as long as lawfully permitted, the City will continue to offer a Flexible Spending Account in accordance with applicable IRS statutes in order to provide City Council Member the greatest possible tax benefit. Included in the Flexible Spending Account are reimbursement accounts for eligible healthcare expenses and eligible child/dependent care expenses. 2.6 Retiree Medical, Dental and Vision Premium Reimbursement The City will provide medical, dental and vision benefits, for eligible City Council Members and their spouse, upon retirement from the City of Temecula, as follows: A. The City Council Member must meet all of the following criteria in order to qualify for the Retiree Medical, Dental and Vision Premium Reimbursement benefit: 1. Must have been hired on or before June 30, 2005 in a regular, authorized position; 2. must have, upon retirement, completed a minimum of 12 years of cumulative service to the City of Temecula in a regular, authorized position status; 3. must have retired from the City of Temecula on or after July 1, 2003 in accordance with CalPERS standards; and, 4. must have been continuously employed in a regular, authorized position from July 1, 2005 until his or her retirement from the City of Temecula If a retired City Council Member reinstates to a regular benefited position with any California PERS Agency, including the City of Temecula, this benefit will be discontinued and will not be reinstated. B. Retirement from the City of Temecula shall be defined as a PERS service or industrial disability retirement, and employee must be eligible for such retirement at the time of or within 120 days of separation from City service. The date of eligibility shall be the City Council Member's official CalPERS retirement date. C. City Council Members who have retired prior to the effective date of this CPP will be eligible for this benefit in accordance with the terms of the agreement at time of retirement. D. Eligible City Council Members (as defined above), who retire during the term of this CPP will be eligible for a reimbursement, for monthly premiums (not including co - payments, prescriptions, and other non -premium expenses) purchased and paid for by them, of up to the current monthly cafeteria plan allotment, for continued medical, dental and vision coverage as provided for in sections 2.1, 2.2 and 2.3 of this CPP. 3 This payment will begin within 30 days of the City Council Member's PERS retirement, and upon written notice from the employee and verification of current payment amounts and will continue through the term of this agreement. E. The amount of actual payment will be based on proof of continued medical, dental or vision insurance and verification of the payment amount. Be advised — the PERS medical premium on a PERS retiree's check is the premium amount AFTER the City of Temecula's mandatory employer contribution has been deducted. Therefore, the net amount reimbursed will be based on the mandatory employer contribution rate, established by PERS annually, that is deducted. In addition, the maximum amount of payment will include any mandatory medical payments made by the City. If the retired City Council Member moves from a PERS service area, and coverage under the City's medical, dental, and/or vision plans is not available, the retired City Council Member may request that an alternate medical, dental, and/or vision plans be approved by the City, if allowed by law. Coverage is limited to the retired City Council Member, and if applicable, to spouse. The medical, dental, and/or vision insurance benefits will continue for eligible City Council Members, even after the he/she qualifies for Medicare coverage. Medicare supplemental coverage and related premiums will be set in accordance with CalPERS benefit standards. The existing Dental and Vision benefit plans only allow continuation of coverage for retirees for 18 months, after retirement. Following this time period, it is the retiree's responsibility to enroll in dental and vision coverage of their choice. In order to receive reimbursement (not to exceed the monthly allotment), the retiree needs to submit proof of coverage annually to the City's Director of Human Resources. For all coverages which are outside the PERS medical plan service area, eligible retired employees, or their authorized legal representative, must submit, to the City's Human Resources Department, proof of coverage and the premium amount for the upcoming year within 30 days of the first payment. If proof of coverage is not received within said 30 days, payments will not be made until the proof of coverage is received for that year. Retroactive payments will not be made if the employee fails to submit this information on a timely basis. It is the responsibility of the retired employee to notify the Director of Human Resources of any changes in premium amounts or change in status. This benefit will discontinue upon the death of the retired City employee. Section 3: Life Insurance The first day of the month following the date of hire, and upon proper application and acceptance by the insurance carrier, a City Council Member will be covered under a group life insurance plan for the amount of $50,000, with the premium being deducted from the employee's City cafeteria plan allotment amount. For City Council Members covered by this CCP, an additional $100,000 of group life insurance coverage will also be provided with the additional cost for said coverage being paid for by the City of Temecula. Dependent Life Insurance and Voluntary Life Insurance is available to City Council Members requesting additional coverage. This coverage is available outside of the City's Section 125 Cafeteria Plan and is purchased directly by the City Council Member with no cost to the City. 4 Section 4: Retirement The City has established a multi -tiered retirement benefit. City Council Members who are not eligible to participate in PERS will be able to participate in an alternate City approved retirement plan, as allowable by law. The City's contribution to an alternate retirement plan would be limited to the same cost as provided by the City to PERS. Tier 3 Pursuant to the Public Employment Pension Reform Act of 2013, (also known as "PEPRA", Assembly Bill 340), those who first become City Council Members of the City on or after January 1, 2013, and who are "new members" as that term is defined in PEPRA, shall be subject to a third tier Public Employees Retirement System (PERS) formula of 2% @ age 62, and a benefit based on the highest 36 months of employment. New members shall pay their entire PERS member contribution by payroll deduction at a rate set by PERS at 50% of normal cost as that term is defined in PEPRA. New members shall also be subject to all other applicable provisions of PEPRA. This retirement formula shall be known as Tier 3. Tier 2 The City's second tier PERS retirement formula of 2% @ age 60 applies to City Council Members hired on or after September 24, 2011, and up to and concluding December 31, 2012, as allowable by law. Tier two also applies to those hired at any time after September 24, 2011, who had prior membership in PERS or in another retirement system that has reciprocity with PERS, as determined by CalPERS. Highlights include the following: • A three-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service Tier 1 The City's first tier PERS retirement formula of 2.7% @ age 55 applies to City Council Members hired prior to September 24, 2011 as allowable by law. Highlights include the following: • One-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service. For retirement tiers 1 and 2, City Council Members shall pay 3% of the PERS employer contribution. The City shall pay the Member Contribution (EPMC), required by the Public Employee's Retirement System to maintain the current level of benefits for City Council Members covered by this CCP. City Council Members are not covered under Social Security (Medicare only). 5 Survivor Benefits: The City of Temecula's PERS 1959 Survivor Benefit coverage (Government Code section 21574) is a higher level of cash benefit paid to survivors of an employee who dies prior to retirement. The City provides Level 4 of PERS' Survivor Benefit. CalPERS Reportability: The City makes no representation as to whether any of the compensation or payments in this CCP are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this CCP is outside of the City's control. Section 5: Deferred Compensation The City will provide for a Deferred Compensation Plan which may be utilized by any City Council Member on an optional basis. Such plan shall be implemented without cost to the City. Section 6: Automobile Allowance City Council Members will receive a monthly automobile allowance in lieu of mileage reimbursement. The monthly dollar amount will be set at $400/month as outlined in the annual operating budget. X Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: June 22, 2021 SUBJECT: Adopt Resolution Extending the Temporary Expanded Dining/Retail Program in Old Town Until June 30, 2022 PREPARED BY: Peter Thorson, City Attorney RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONTINUING THE TEMPORARY EXTENDED DINING PROGRAM THROUGH JUNE 30, 2022 BACKGROUND: Since March of 2020, business and restaurants in Old Town have been subject to State regulations closing their businesses and limiting their operating capacity in order to prevent the spread of the COVID-19 Pandemic. At the June 9, 2020 City Council meeting, the Council heard a presentation, considered and ultimately approved the Temporary Expanded Dining/Retail Program in Old Town to temporarily close certain streets in Old Town to allow for expanded dining and retail -shopping opportunities in an effort to offset the limitations brought about by the COVID-19 social distancing guidelines. The City Council considered the program again on June 23, 2020 and reaffirmed Council direction to move forward with the program. Old Town Front Street between 2nd Street and 4th Street were closed to vehicular traffic on Wednesday June 24, 2020. After a transition in state regulations, and feedback from various businesses, the City Council amended the program to re -open streets, while still allowing for expanded dining on July 14, 2020. The program was initially extended from December 31, 2020, until July 1, 2021. On June 15, 2021, the State lifted its restrictions on closing restaurants and businesses because of the reductions in the rate of the COVID-19 virus. Despite the improvements in the rate and extent of the COVID-19 virus, businesses and restaurants are still recovering from the economic impacts of the COVID-19 Pandemic and will take some time to recover. The continuation of the Temporary Expanded Dining/Retail Program in Old Town will not only aid in the economic recovery of restaurants and other businesses in Old Town from the COVID-19 Pandemic but will substantially contribute to the economic development of these Old Town businesses. Based on these facts, it is recommended that the City Council extend the Temporary Expanded Dining/Retail Program in Old Town until July 1, 2022 subject to modification at any time. It is also recommended that the City Manager be authorized to enter into License Agreements with restaurants and business to use portions of certain streets in Old Town for dining or sales, subject to reasonable conditions necessary to protect the City and the surrounding areas. FISCAL IMPACT: The cost to extend the program is $3,000 per month for street barricade rentals, which are included in the Fiscal Year 2021-22 Annual Operating Budget. ATTACHMENTS: Resolution RESOLUTION NO.2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONTINUING THE TEMPORARY EXTENDED DINING PROGRAM THROUGH JUNE 30, 2022 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: 1. The City Council does find, determine and declare that: A. Since March of 2020, business and restaurants in Old Town have been subject to State regulations closing their businesses or limiting their capacity in order to prevent the spread of the COVID-19 Pandemic. B. At the June 9, 2020 City Council meeting, the Council heard a presentation, considered and ultimately approved the Temporary Expanded Dining/Retail Program in Old Town to temporarily close certain streets in Old Town to allow for expanded dining and retail -shopping opportunities in an effort to offset the limitations brought about by the COVID-19 social distancing guidelines. C. The City Council considered the program again on June 23, 2020 and reaffirmed Council direction to move forward with the program. Old Town Front Street between 2nd Street and 4th Street were closed to vehicular traffic on Wednesday June 24, 2020. D. After a transition in state regulations, and feedback from various businesses, the City Council amended the program to re -open streets, while still allowing for expanded dining on July 14, 2020. The program was initially extended from December 31, 2020, until July 1, 2021. E. On June 15, 2021, the State lifted its restrictions on closing restaurants and businesses because of the reductions in the rate of the COVID-19 virus. F. Despite the improvements in the rate and extent of the COVID-19 virus, businesses and restaurants are still recovering from the economic impacts of the COVID-19 Pandemic and will take some time to recover. G. The continuation of the Temporary Expanded Dining/Retail Program in Old Town will not only aid in the economic recovery of restaurants and other businesses in Old Town from the COVID-19 Pandemic but will substantially contribute to the economic development of these Old Town businsesses. 2. Based on the findings set forth in Section 1, the City Council hereby extends the Temporary Expanded Dining/Retail Program in Old Town until July 1, 2022 subject to modification at any time. The City Manager is authorized to enter into License Agreements with restaurants and business to use portions of certain streets in Old Town for dining or sales, subject to reasonable conditions necessary to protect the City and surrounding areas. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of June, 2021. 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. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of June, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 22, 2021 SUBJECT: Approve Second Assignment, Assumption and Amendment to the Joint Community Facilities Agreement for Temecula Public Financing Authority Facilities District No. 03-02 (Roripaugh Ranch) PREPARED BY: Anissa Sharp, Office Specialist II Ron Moreno, Principal Civil Engineer RECOMMENDATION: That the City Council: Approve and enter into the Second Assignment, Assumptions and Amendment to the Joint Community Facilities Agreement between Riverside County Flood Control and Water District, the County of Riverside, the Temecula Public Financing Authority, the Temecula Public Financing Authority Community Facilities District No. 03-02, Roripaugh Valley Restoration, LLC, and Woodside 05 S, LP; and 2. Authorize the Mayor to sign on behalf of the City of Temecula. BACKGROUND: The Flood Control District, County of Riverside, City of Temecula, City of Temecula Financing Authority, and Ashby USA (previous owner of Roripaugh Ranch) entered into and executed the Joint Community Facilities Agreement (JCFA) on January 4, 2005 setting forth the rights and obligations for the development of Roripaugh Ranch (now known as the Sommers Bend development). On September 13, 2011 Roripaugh Valley Restoration entered into the Assignment of Contracts whereby assuming all previous owners rights and obligations under the JCFA. Woodside Homes, as the developer, has acquired the property from Roripaugh Valley Restoration pursuant to grant deed dated on March 6, 2018, recorded as Document No. 2018-0084647. The developer intends to construct the remaining portion of the Flood Control improvements of the JCFA within CFD 03-02. In order to effectuate the assignment and assumption of the JCFA and to receive and accept all the corresponding benefits under the JCFA, the Parties intend that, by execution of this second assignment, the developer shall assume and agrees to perform all of the previous owner's rights and obligations to satisfy the conditions of the JCFA. FISCAL IMPACT: None ATTACHMENTS: Second Assignment, Assumptions and Amendment - RCFCD 237720 SECOND ASSIGNMENT, ASSUMPTION AND AMENDMENT TO THE JOINT COMMUNITY FACILITIES AGREEMENT Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) This Second Assignment, Assumption and Amendment to the Joint Communities Facilities Agreement ("SECOND ASSIGNMENT") is entered into by and between (i) the Riverside County Flood Control and Water Conservation District, a body politic ("Flood Control District"); (ii) the County of Riverside, a political subdivision of the State of California ("County"); (iii) the City of Temecula, a municipal corporation ("City"); (iv) the Temecula Public Financing Authority, a joint exercise of powers authority ("Authority"); (v) the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) ("CFD"); (vi) Roripaugh Valley Restoration, LLC, a Delaware limited liability company ("Assignor"); and (vii) Woodside 055, LP, a California limited partnership ("Developer"), (together, the "Parties"). The Parties hereto agree as follows: RECITALS A. Flood Control District, County, City, Authority and Ashby USA, LLC ("Previous Owner") have previously entered into and executed that certain Joint Community Facilities Agreement ("JCFA") on January 4, 2005 [Flood Control District's Board Agenda Item No. 11.6], setting forth the respective rights and obligations concerning the development of approximately 2,000 proposed single family residential lots ("Roripaugh Ranch"), within Temecula Public Financing Authority Community Facilities District No. 03-02 ("CFD 03-02"), located in the City of Temecula, County of Riverside (the "PROPERTY"); and B. In connection with PROPERTY, Flood Control District, County, City, Authority, the Temecula Community Services District, Previous Owner and Assignor entered into that certain Assignment of Contracts (the "Assignment of Contracts") on September 13, 2011, [Flood Control District's Board Agenda Item No. 11.1], whereby Assignor assumed from the Previous Owner, all of the Previous Owner's rights and obligations under certain contracts relating to Roripaugh Ranch, including, but not limited to, the Flood Control Improvements of the JCFA; and C. The Previous Owner has constructed portions of the Flood Control Improvements of the JCFA within CFD 03-02; and - 1 - 237720 D. Previous Owner has constructed the County facilities as identified in the CFD 03- 02 and County has accepted the County's facilities into its maintenance system. Developer has no current or future obligations as part of this SECOND ASSIGNMENT towards County facilities as identified in the CFD 03-02; and E. The Developer acquired PROPERTY from Assignor, pursuant to Grant Deed dated March 6, 2018, recorded as Document No. 2018 — 0084647 in the Official Records of the County of Riverside; and F. Developer intends to construct the Santa Gertrudis Creek Channel and associated underground storm drains, as shown on Exhibit 'A', attached hereto and made a part hereof, the remaining portion of the Flood Control Improvements of the JCFA within CFD 03-02; and G. A true copy of JCFA, has been provided to Developer and said JCFA describes the terms and conditions by which those certain flood control and drainage improvements that are required in connection with the development of Tracts located within CFD 03-02 are to be designed and constructed by Developer, and inspected and accepted for operation and maintenance by Flood Control District and County; and H. In order to effectuate the assignment and assumption of the JCFA and to receive and accept all of the corresponding benefits under the JCFA, the Parties intend that, by execution of this SECOND ASSIGNMENT, Developer shall assume and agrees to perform all of Assignor's rights and obligations to satisfy the conditions set forth under Section 6.3 of the JCFA; and JCFA. I. In addition, the Flood Control District desires to make certain amendments to the NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the parties hereto do hereby mutually agree as follows: 1. Definitions. Except as expressly defined herein, all capitalized terms shall have the meaning afforded to those terms in the JCFA. 2. Recitals Correct. It is expressly agreed by the signatories that the recitals are true and correct. 3. Assumption. The Developer hereby assumes and agrees to perform and faithfully discharge all of the duties and obligations of the Assignor in the JCFA. The other Party signatories to this SECOND ASSIGNMENT accept and consent to the assumption of those duties -2- 237720 by the Developer. From and after the date hereof, the Developer agrees to perform all duties of the property owner reflected in the JCFA for the Flood Control Improvements, including the duty of indemnification as set -forth therein. From and after the date hereof it is agreed that the Developer shall be entitled to enjoy all of the benefits that the JCFA affords to the Assignor. Notwithstanding the foregoing, it is the intent of the Parties that this SECOND ASSIGNMENT shall not affect a novation. 4. Bid and Construction Requirements. Section 4.3 is hereby amended as follows: I. Replace Section 4.3 (1) of Article IV in its entirety with the following provision: "At the time the Developer submits a "Notice of Intent" to commence construction as set forth in Section 4.7 below, the Developer shall make a cash deposit with the Flood Control District in the amount provided by the Flood Control District in a separate letter with respect to each Flood Control Facility for which the Developer submits a "Notice of Intent". The amount of cash deposit for each Flood Control Facility represents the Flood Control District's estimated cost to operate and maintain each Flood Control Facility for a period of ten (10) years commencing upon the Acceptance Date. The deposit(s) will be placed in the Flood Control District's Zone 7 Maintenance Subaccount. These cash deposit(s) for operation and maintenance shall not be included in the determination of the Actual Cost or the Purchase Price of the Flood Control Facilities for which the deposit is made." 5. Representations and Warranties of the Developer. The Developer, as the current owner of PROPERTY, makes the following representations and warranties for the benefit of the Flood Control District, County, City, Authority and CFD as of the date hereof: (a) Organization. Developer represents and warrants that it is validly existing as a limited partnership and in good standing under the laws of the State of California. (b) Authority. Developer represents and warrants that it has the power and authority to enter into this SECOND ASSIGNMENT, and has taken all action necessary to cause this SECOND ASSIGNMENT to be executed and delivered, and this SECOND ASSIGNMENT has been duly and validly executed and delivered on behalf of the Developer. -3- 237720 (c) Binding Obligation. Developer represents and warrants that this SECOND ASSIGNMENT is a valid and binding obligation of the Developer and is enforceable against the Developer in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general equity principles. (d) Ownership. Developer represents and warrants that it has lawfully obtained fee title to the PROPERTY and that no other known entity has a superior claim of title. 6. Consent to Assignment. Each of the Parties hereby consent to Developer's assumption of the JCFA. In further clarification of the intent of the Parties, Developer specifically agrees with the Flood Control District that access to or granting of real property interests required by the Flood Control District pursuant to JCFA, if any, shall be satisfied by Developer, and in regard to all financial obligations Flood Control District shall invoice Developer for all charges incurred pursuant to the JCFA and this SECOND ASSIGNMENT. 7. Notices. Any written notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication to be given hereunder shall be given to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other party in writing from time to time, namely: To Flood Control District: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 Market Street Riverside, CA 92501 Attn: Contract Services Section To County: COUNTY OF RIVERSIDE 4080 Lemon Street, 8th Floor Riverside, CA 92502-1090 Attn: Director of Transportation To City: CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 Attn: Director of Public Works To Authority: TEMECULA PUBLIC FINANCING AUTHORITY 41000 Main Street Temecula, CA 92590 Attn: Director of Finance 237720 To CFD: TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT No. 03-02 41000 Main Street Temecula, CA 92590 Attn: Director of Community Services To Developer: WOODSIDE 055, LP c/o Woodside Homes of California 1250 Corona Pointe Court, Suite 501 Corona, CA 92879 Attn: Trent Heiner 8. Governing Law. This SECOND ASSIGNMENT and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of California applicable to contracts made and performed in the State. 9. Indemnification. The Developer, with respect to the responsibilities of the property owner under the JCFA, agrees to protect, indemnify, defend and hold the Flood Control District, the County, the City, the Authority, the CFD and their respective directors, officers, Board of Supervisors, Board of Education, Legislative Body, elected officials, employees, representatives and agents, and each of them, harmless from and against any and all claims, losses, liabilities, expenses, suits, actions, decrees, judgments, awards, reasonable attorney's fees, and court costs in accordance with and pursuant to the indemnification provisions set forth under Section 5.6 of the JCFA. Not as a limitation of, but in addition to the Developer's duty of indemnification reflected in Section 5.6 of the JCFA, the Developer further agrees to protect, indemnify, defend and hold the Flood Control District, the County, the City, the Authority, the CFD and their respective directors, officers, Board of Education, Board of Supervisors, Legislative Body, elected officials, employees, representatives and agents (the "Indemnified Parties"), and each of them , harmless from and against any and all claims, losses, liabilities, expenses, suits, actions, decrees, judgments, awards, reasonable attorney's fees, and court costs by reason of or arising out of or in consequence of this Agreement or the approval of this Agreement or the Indemnified Parties' good -faith performance under this Agreement, including but not limited to, any and all -5- 237720 claims and liabilities asserted by the Previous Owner against the Indemnified Parties under the JCFA. If the Developer fails to do so, the Indemnified Parties, or each of them, shall have the right but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including reasonable attorney's fees or court costs, and recover the same from the Developer. No indemnification is required to be paid by the Developer for any and all claims, losses, liabilities, expenses, suits, actions, decrees, judgments, awards, reasonable attorney's fees, and court costs arising directly from the willful misconduct or sole or active negligence of the Indemnified Parties. The provisions of this Section 9 shall survive the termination of this Agreement. 10. Amendments. This SECOND ASSIGNMENT may only be amended by an instrument in writing executed and delivered by the Flood Control District, the County, the City, the Authority, the CFD and the Developer. By execution of this SECOND ASSIGNMENT, County hereby waives its requirement to be a signatory for any future assignments or amendments associated with the CFD 03-02. 11. No Waiver. In the event that the terms and conditions of this SECOND ASSIGNMENT are not strictly enforced by any Party hereto, such non -enforcement will not act as or be deemed to act as a waiver or modification of this SECOND ASSIGNMENT, nor will such non -enforcement prevent such Party from enforcing each and every term of this SECOND ASSIGNMENT thereafter. 12. Entire Agreement. This SECOND ASSIGNMENT contains the entire agreement between the Parties with respect to the matters provided for herein and represents the negotiations between the Parties with respect to the subject matter of this SECOND ASSIGNMENT. 13. Counterparts. This SECOND ASSIGNMENT may be executed in counterparts, each of which shall be deemed an original. H H 237720 IN WITNESS WHEREOF, the parties hereto have executed this SECOND ASSIGNMENT (to be filled in by Clerk of the Board) RECOMMENDED FOR APPROVAL: to JASON E. UHLEY General Manager -Chief Engineer APPROVED AS TO FORM: GREGORY P. PRIAMOS County Counsel MICHAEL THOMAS Deputy County Counsel RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By KAREN SPIEGEL, Chair Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST: KECIA HARPER Clerk of the Board By Deputy (SEAL) Assignment, Assumption and Amendment to Joint Community Facilities Agreement: Temecula Public Financing Authority Community Facilities District No. 03-02 AMR:blm 04/20/21 -7- 237720 RECOMMENDED FOR APPROVAL: MARK LANCASTER Director of Transportation APPROVED AS TO FORM: GREGORY P. PRIAMOS County Counsel to KRISTINE BELL-VALDEZ Supervising Deputy County Counsel RIM COUNTY OF RIVERSIDE KAREN SPIEGEL, Chair Board of Supervisors ATTEST: KECIA HARPER Clerk of the Board By Deputy (SEAL) Assignment, Assumption and Amendment to Joint Community Facilities Agreement: Temecula Public Financing Authority Community Facilities District No. 03-02 AMR:bIm 04/20/21 237720 ATTEST: IM RANDI JOHL Director of Legislative Affairs/City Clerk APPROVED AS TO FORM: PETER THORSON City Attorney ATTEST: ATTEST: By: Title: CITY OF TEMECULA MARYANN EDWARDS Mayor TEMECULA PUBLIC FINANCING AUTHORITY By: Title: Chairperson TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.03-02 (RORIPAUGH RANCH) By: Title: Assignment, Assumption and Amendment to Joint Community Facilities Agreement: Temecula Public Financing Authority Community Facilities District No. 03-02 AMR:blm 04/20/21 237720 ASSIGNOR RORIPAUGH VALLEY RESTORATION, LLC, a Delaware limited liability company By: Sabal Financial Group, L.P., a Delaware limited partnership Its: Manager Lo Name Its (ATTACH NOTARY WITH CAPACITY STATEMENT) Assignment, Assumption and Amendment to Joint Community Facilities Agreement: Temecula Public Financing Authority Community Facilities District No. 03-02 AMR:bIm 04/20/21 -10- 237720 DEVELOPER WOODSIDE 05S, LP, a California limited partnership By: WDS GP, Inc., a California corporation, its general partner Name Its (ATTACH NOTARY WITH CAPACITY STATEMENT) Assignment, Assumption and Amendment to Joint Community Facilities Agreement: Temecula Public Financing Authority Community Facilities District No. 03-02 AMR:bIm 04/20/21 -11- EXHIBIT A SOCIATION HOA TO ►DS TO ►TE STORM N\Gl 0 75 150 300 600 0 - I 9 CF SANTA GERTRUDIS CREEK FLOOD CONTROL FACILITY LOCATIONS RCFC&WCD MAINTAINED FACILITIES Page 1 of 2 8-19-2020 EXHIBIT A SOCIATION HOA TO ►DS TO ►TE STORM N\Gl HOA MANTAINED STORM DRAIN OUTFALL SAN CREI 0 75 150 300 600 0 - I D ,I SANTA GERTRUDIS CREEK MAINTENANCE RESPONSIBILITIES PUBLIC TRAIL ACCESS kLL MAINTENANCE RESPONSIBILITIES RCFC&WCD CITY OF TEMECULA SOMMERS BEND HOMEOWNERS ASSOCIATION RIVER &LANDS CONSERVANCY NOTE: CITY OF TEMECULA AND SOMMERS BEND HOA TO UTILIZE RCFC&WCD MAINTENANCE ACCESS ROADS TO MAINTAIN THEIR RESPECTIVE PUBLIC AND PRIVATE STORM DRAIN AND TRAIL ACCESS FACILITIES w I� -SITE LANDSCAPE ARCHITECT IN -SITE 1 1 ARCHITECTURE, INC. Page 2 of 2 8-19-2020 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 22, 2021 SUBJECT: Approve Summary Vacation of a Drainage Easement Located on Lot 22 of Tract Map 21820 PREPARED BY: Annie Bostre-Le, Associate Engineer II Ron Moreno, Principal Civil Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE CERTAIN EASEMENTS FOR DRAINAGE PURPOSES LOCATED AS SHOWN ON TRACT MAP 21820 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE BACKGROUND: The subject drainage easement was dedicated to the City of Temecula as part of Tract Map 21820 recorded on June 21, 1990. With the development of Tract Map No. 21820, the Developer has constructed the storm drain improvements as required. With this construction, the drainage was contained within the street rights -of -way and therefore the said drainage easement is no longer needed. The drainage easement to be vacated is described and depicted on Exhibit "A" which is attached to this report. The current owner of said Lot 22, Michael and Nicole Lacko, respectively, have formally requested the vacation of said drainage easement. Pursuant to Section 8333 of the Streets & Highway Code a public service easement may be summarily vacated if the easement has been relocated and there are no other public facilities within the easement. Staff therefore recommends the summary vacation of said drainage easement since the existing drainage easements originally crossing Lot 22 of Tract Map 21820 are no longer necessary and no other public facilities exist within the easement. FISCAL IMPACT: None ATTACHMENTS: Resolution with Exhibit "A" RESOLUTION NO.2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE CERTAIN EASEMENTS FOR DRAINAGE PURPOSES LOCATED AS SHOWN ON TRACT MAP 21820 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declares as follows: A. That the City Council intends to summarily vacate an easement for drainage purposes located at Lot 22 of Tract Map No. 21820 in the City of Temecula more particularly described in Exhibit "A" which is attached hereto and incorporated herein by this reference. B. The drainage easement to be vacated currently serves only Lot 22 of said tract map. C. The construction of the street and storm drain improvements has satisfied the requirement for drainage purposes and therefore said easement as described in Exhibit "A"is no longer necessary. D. This vacation is made pursuant to Section 8330 to 8336 of the Streets and Highways Code. E. There are no public utility easements or facilities which will be affected by this vacation. Section 2. The easement described in Exhibit "A" which are attached hereto and incorporated herein by this reference is hereby vacated and from and after the date of this Resolution is recorded, this drainage easement shall no longer constitute an easement or right of way of the City of Temecula and shall revert to the property owner. Section 3. The City Clerk shall certify the adoption of this Resolution and shall cause a certified copy of the Resolution to be recorded pursuant to Streets and Highway Code Section 8336. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of June, 2021. 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. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22"d day of June, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk DRAINAGE EASEMENT VACATION EXHIBIT A THAT PORTION OF LOT 22 IN TRACT 21820, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF RECORDED IN BOOK 219 OF MAPS AT PAGES 46 THROUGH 53 INCLUSIVE, DEDICATED AND DEPICTED ON SAID MAP AS "DRAINAGE EASEMENT", MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 22, SAID POINT BEING IN THE SIDELINE OF KAHWEA ROAD, 60.00 FEET IN WIDTH AS SHOWN ON THE MAP OF SAID TRACT 21820, SAID POINT BEING IN A 370.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARING NORTH 23'20'34" WEST; THENCE EASTERLY ALONG SAID CURVE AND ALONG THE SIDELINE OF SAID KAHWEA ROAD, THROUGH A CENTRAL ANGLE OF 23'13'46" AN ARC DISTANCE OF 150.01 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 22; THENCE, ALONG THE EASTERLY LINE OF SAID LOT 22, SOUTH 09'31'35" EAST 45.70 FEET TO A POINT IN A 325.00-FOOT CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARING NORTH 1'12'16" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24'28'04" AN ARC DISTANCE OF 138.79 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 22; THENCE, ALONG SAID WESTERLY LINE NORTH 23'55'00" WEST 45.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING AN AREA OF 6,497.86 SQUARE FEET, MORE OR LESS. IE SURVEY & ENGINEERING, INC. 41146 ELM STREET, SUITE G ➢IURRIETA, CA 92562 T. (951) 698.1830 E: INFO@IESTTRVEYANDENG.0017 Qof ESS/p B Z3 rrL No. 22428 Lp DRAINAGE EASEMENT VACATION Ifl o_ � RO A / �Ww�,27ppQ' 6 O.=23I I �IIIII ,��54'Q6'48"E(R) � P.O.B. Z� S.�y 2g p �` N1'12'16"E(R)--- �. D_2 IFS ® AREA TO BE VACATED P.O.B. POINT OF BEGINNING LOT 23 Ar- No. 22428 cr- U"�9T£ of CIVIL AoFR�,� ING, INC. FTE G NDENCTMAl LOT 22 Zr LOOT 21 63 %`=' , 6 50 0 25 50 100 SCALE: I"= 50 ' Item No. 10 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 8, 2021 CALL TO ORDER at 8:59 PM: President Schwank ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS - None CSD CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Stewart. The vote reflected unanimous approval. 9. Approve Action Minutes of May 25, 2021 Recommendation: That the Board of Directors approve the action minutes of May 25, 2021. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 9:02 PM, the Community Services District meeting was formally adjourned to Tuesday, June 22, 2021 at 5:30 PM for a Closed Session, with a regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Zak Schwank, President ATTEST: Randi Johl, Secretary [SEAL] Item No. 11 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: June 22, 2021 SUBJECT: Approve the Five-year Agreement with Silverman Enterprises Inc., dba BAS Security for Contracted Security Services PREPARED BY: Mike Wooten, Administrative Services Manager RECOMMENDATION: That the Board of Directors approve the five-year agreement with Silverman Enterprises Inc., dba BAS Security for contracted security services, with an annual amount not to exceed $195,812.98 ($178,011.80 + 10% contingency). BACKGROUND: On April 24, 2018, the Temecula Community Services Department originally entered into an agreement with BAS Security to provide security at City-wide events, programs, and facilities over three years, with the term expiring June 30, 2021. With the expiration of this term, and after a competitive bidding process, Silverman Enterprises Inc. dba BAS Security was selected once again as the successful bidder for a new five-year term. The terms of this new agreement will remain functionally the same as the previous agreement, which includes • On -site security services covering operational hours at Ronald H. Roberts Temecula Public Library • Nightly rotating after-hours coverage of multiple City parks and facilities • City-wide Special Events coverage Additionally, the City may make additional special requests for services throughout the term of the agreement, as needed. FISCAL IMPACT: This agreement will provide security services for five years with an annual amount not to exceed $195,812.98 ($178,011.80 + 10% contingency). Sufficient funds have been budgeted for FY 2021-22 and will be included in each year thereafter through the Annual Operating Budget. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND SILVERMAN ENTERPRISES INC., DBA BAS SECURITY THIS AGREEMENT is made and effective as of June 22, 2021, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Silverman Enterprises Inc., dba BAS Security a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2021 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2026, 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. PERFORMANC Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all 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 Seventy -Eight Thousand Eleven Dollars and Eighty Cents ($178,011.80), plus 10% Contingency of Seventeen Thousand Eight Hundred One Dollars and Eighteen Cents ($17,801.18), each fiscal year for a total not to exceed Agreement amount of Nine Hundred Seventy -Nine Thousand Sixty -Four Dollars and Ninety Cents ($979,064.90) 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 General Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by General 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 12/31 /2020 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 General 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. 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 12/31 /2020 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 a. 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. 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. C. Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other 12/31 /2020 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) 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. d. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). e. 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: liabilq 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. f. 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 12/31 /2020 g. Verification of Coverace. 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 Director of Community Services 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 12/31 /2020 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: General Manager 41000 Main Street Temecula, CA 92590 To Consultant: Silverman Enterprises Inc., dba BAS Security Attn: Brian Silverman 27996 Whittington Road Menifee, CA 92594 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 12/31 /2020 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 General 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. 12/3112020 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Zak Schwank, President ATTEST: By: Randi Johl, Secretary APPROVED AS TO FORM: By: Peter M. Thorson, General Counsel SILVERMAN ENTERPRISES INC., dba BAS SECURITY (Two signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: j Brian Silverman, President By: CONSULTANT Silverman Enterprises Inc. dba BAS Security Attn: Brian Silverman 27996 Whittington Road _ Menifee, CA 92594 760 297-0227 bas.silvermanoyahoo.com 8 City Purchasing Mgr. Initials and Date: A SY 06-07-2021 12/31 /2020 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: Provide security at City-wide events, programs and facilities to include security for City property, event areas and security support to staff in situations that involve securing an area. Examples of City-wide events, programs and facilities may include: large-scale public events such as 4th of July in City parks, parades on City streets, concerts at City venues, art exhibits, fairs, classes/programs at City facilities, Theater, City Hall and other City buildings. Certain City facilities rent property/room space to individuals and groups for events and/ or parties, weddings, etc. During such occasions if alcohol is on -site, security is requested. Security guard must be trained, unarmed and remain onsite for the duration of duty • hours; • Guards to be a certified professional equipped with uniforms that foster a polished, ■ identifiable, and recognizable appearance; e Guards shall be punctual and check -in with City staff upon arrival and clarify • expectations of services; • Actively patrol on foot indoors and outdoors throughout the duty hours to maintain a ■ safe environment; this includes upholding all facility rules; ■ During duty hours, remain on facility premises until all members of the rental group have ■ left the building and parking lot; r All matters shall be handled in a professional manner and shall include submitting a P written report of any incidents; Security coverage must be continuous and uninterrupted during the established duty s hours; a Guards are to remain awake and alert at all times; ■ Schedule shall be on an as needed basis. Guards must be available 7 days a week, • 365 days a year, 24 hours a day; • Security guards on city property must adhere to city policies and procedures regarding location of alcohol consumption, behavior of guests, unlawful consumption by minors • and overall safety of both people and property; e Ability to be familiar with and implement emergency procedures; • Must abide by all applicable California Bureau of Security & Investigative Services requirements; s 12/31 /2020 ■ Security company must be licensed, registered and bonded; • All security guards must hold a valid California driver's license; • All security guards must have a competent command of the English language and be efficient in communicating with the public. Schedule of work is on an " as needed basis" and cost shall be per the Consultant's Price Quote to be provided to and approved by the City prior to any services being performed. All costs shall be based on actual time spent providing pre -approved security guard services. Consultant recognizes and agrees that this is for the purpose of establishing a non- exclusive contractual relationship between the City and the Consultant, for security guard services. The procedure for authorizing service and work is set forth as follows: 1. City staff shall initiate request for services. Consultant shall supply a written quote for services to be performed. 2. Upon acceptance of the Consultant's cost estimate by City authorized staff the Consultant shall proceed with the work and charge to the appropriate purchase order. 10 12/31 /2020 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Contractors proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $979,064.90 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 11 12/31 /2020 BAS Security Updated Rate for: City of Temecula 2021 1 Observe and Report Library Post S24.45 regular hours any hom-s over 8 will be applied at overtime rate below (With schedule open to close plus 15 minutes a day for walkout service of staff) 2) N12ht Time Security $31.60 hourly 3 Current Schedule Example : Locations: Theater, CRC/Pump Track, Duck Pond, TCC, MPS, Splash Pad / Margarita 7 night per week 5 hours nightly 9pm to 2am / 10 am to 3am $1160 per week at 35 hours per week (excluding holiday cost) 4) Holiday and 1-lotirly hate for any flours over 8 continuous hours $12 per hour added to regular rate for that service Holidays Include: Memorial Day, 4th of July, Labor Day, Thanks Giving, Christmas Eve, Christmas Day, New Years Eve, New Years Day. 5 4th of July Annual Event $33.95 Hourly 6 HoIida Li bts Parade Event: Time - 3pm to 9am (18 hours) Cost. $568.80. 7) Street Painting Festival 2 night post with 4 guards 108 hours Cost: $2, 974.20 12 12131 /2020 8) Health Fair Expo 12 hours overnight 1 guard Cost $427.2 9) Color hurl 1 guard 8 hours Cost $195.60 10 All other ricin : To Be Determined Based on Assi nment We may request a matching increase in price as minimum wage increases or other cost of living influences. Only increases applied will be those approved by the City of Temecula "Pon our request based on these Economic factors in the following vears to come. If not approved, increases will not he applied. 'giracerefTi �riart �if�rermart t -4ifveTman � ter rises ecUrity 13 12/31 /2020 2976457 State of California Secretary of State I, DEBRA BOWEN, Secretary of State of the State of California, hereby certify: That the attached transcript of page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of APR 0 5 2007 / G, 0.- DEBRA BOWEN Secretary of State SedSlafe Forth CE-107 fREV 112007) "' OSPUG 99734 29-16453 ENDORSED - FILED in tho 4Sli0e a? 1ha 3ee�asary o1 &me of lire Slate o[ CahEmr� MAR 0 5 2007 ARTICLES OF INCORPORATION ONE: The name of this corporation is BAS Security. TWO: The purpose of the' corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company -business or the practice of a profession permitted to be incorporated by the California Corporations Code. THREE: The name and address in the State of California of this corporation's initial agent for service of process is Brian Silverman 2131 Carnation Ave Hemet Ca, 92545. FOUR: This corporation is authorized to issue only one class of shares of stock, which shall. be designated common stock. The total number of shares which this corporation is authorized to issue is 50 shares. - FIVE: The names and addresses of the persons who are appointed to act as the initial directors of this corporation are: Name Address Brian Silverman 2131 Carnation Ave Hemet CA, 92545 Articles of incorporation Page 1 SIX: The liability of the directors of the corporation for monetary damages shall be eliminated to the fullest extent permissible under California law. SEVEN: The corporation is authorized -to indemnify the directors and officers of the corporation to the fullest extent permissible under California law. IN WITNESS WHEREOF, the undersigned, being all the persons named above as the initial directors, have executed these Articles of Incorporation. Dated: T fir+ �f1rCf f �C S, rVeril/1�''1 The undersigned, being all the persons named above as the initial directors, declare that they are the persons who executed the foregoing Articles of incorporation, which instrument is their act and deed. Dated:OVC� i Articles of Incorporation Page 2 Articles of Incorporadon Page 3 DATE (MMIDDIYYYY) ACCW" CERTIFICATE OF LIABILITY INSURANCE 04/27/2021 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Kayne HOrI Endless Insurance Services [PAIC, N E„t : 760-227-5370 Ext. 0 _ �(Ar N ): 760-230-6770 2244 Faraday Avenue _ADDRESS: kayhe4yendlessinscom #176 INS.UR"4S) AFFORDING COVERAGE NAIC # Carlsbad CA 92008 INSURER A: Nautilus Insurance Company A+XV 17370 INSURED INSURER B : UNITED FNCL CAS CO A+ XV 11770 Silverman Enterprises Inc dba BAS Security INSURER C : State Compensation Insurance Fund/SCIF 35076 27996 Whittington Rd, INSURER D : _ INSURER E : Menifee CA 92584 INSURER F: r`CCTICIr`ATC kellulapo. REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1MR- 'ADDL SUER] POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE INSD WVD POLICY NUMBER IMMrDDlYYYY jMMfOWYYYY COMMERCIAL GENERAL LIABILITY 0#4P EACH OCCURRENCE $ 1,000,000 PREMISES (Ea pOfxllrPllC¢ . $ 100,000 CLAIMS -MADE IF%7f[ OCCUR MED EXP (Any one person) s 5,000 A Y NN1255908 04/30/2021 04/30/2022 PERSONAL 8 ADV INJURY $ 1.W,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2.000.000 PRODUCTS - COMPIOP AGG $ Included X POLICY PELT ❑ LOG $ OTHER: AUTOMOBILE LIABILITY (EH soocidellt) s 1 .000,000 -BODILY INJURY (Per person) $ ANYAUTO BODILY INJURY (Per accident) $ B ALL OWNED SCHEDULED AUTOS X AUTOS NON -OWNED HIRED AUTOS AUTOS Y 015529312 12/18/2020 06/18/2021 PROPERt;TYDAM . pera;wsn— s $ UMBRELLA LIAB OCCUR EACH OCCURRENCE I $ AGGREGATE S EXCESS LIAB HCLAIMS-MADE $ DED RETENTION $ WORKERS COMPENSATION X `STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNER/EXECUTIVE C OFFICER/MEMBER EXCLUDED? ❑Y (Mandatory in NH) N I'�' 915964220 05/25/2020 05/25/2021 I E.L. EACH ACCIDENT I $ 1,000,000 -'JJ EL. DISEASE - EAEMPLOYE;S 1,000,000 E.L. DISEASE -POLICY LIMIT S 1,OOD,00D If yes, describe under DESCRIPTION OF OPERATIONS below jl ` I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: NAMED INSURED'S OPERATIONS PERFORMED UNDER WRITTEN CONTRACT. THE CITY OF TEMECULA, THE TEMECULA COMMUNITY SERVICES DISTRICT, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND THE TEMECULA COMMUNITY SERVICES DISTRICT, THEIR OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY PER ATTACHED CG20100413 & COMMERCIAL AUTO. PPROVED JBy Nicole Flores of 9:02 am, Apr 28, 2021 J CERTIFICATE HULUEK liN1Y 6rCLLM 11V1Y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Temecula 41000 Main Street AUTHORIZED REPRESENTATIVE Temecula CA 92590 - Y� 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: NN1255908 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s) , Location(s) Of Covered Operations The City of Temecula, The Temecula, Various patrols within the city Community Services District, Successor Agency to the Temecula Redevelopment Agency, and the Temecula Community Services District, their officers, officials, employees and volunteers 41000 Main Street, Temecula, CA 92590 I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 ENDLESS INS SERVICES 2244 FARADAY AVE #176 CARLSBAD, CA 92008 1-760-227-5370 Certificate of Insurance Certificate Holder Additional Insured THE CITY OF TEMECUL 41000 MAIN ST TEMECULA, CA 92590 PWIRREMYT C0M1WERCIR1 Policy number: 01552931-2 Underwritten by: UNITED FINANCIAL CAS CO December 28, 2020 Page 1 of 2 Insured Agen.tSurplus Lines Broker SILVERMAN ENTERPRISES INC ENDLESS INS SERVICES BAS SECURITY 2244 FARADAY AVE #176 27996 WHITTINGTON RD CARLSBAD, CA 92008 MENIFEE, CA 92584 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. .................................................................................................... _..............._............................... Policy Effective Date: Dec 18, 2020 Policy .. ....._.. Expiration Date: Jun 18, 2021 Insurance coverage(s) Limits ..................................... ................................................... _... BODILY INJURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT ......... ..... ................... .................................. ................ .................................................................... UNINSURED/UNDERINSURED MOTORIST $1,000,000 COMBINED SINGLE LIMIT ...... .................................................................................. ........ ............ .._................ ANY AUTO BODILY INJURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT Description of LocationNehicles/Special Items Scheduled autos only .. ..................................................... .................... .......................... .................................................... 2007 CHEVROLETSILVERADO C15001GCEC19X17Z106661 MEDICAL PAYMENTS $5,000 COMPREHENSIVE $100 DIED COLLISION $500 W/WAIVER DIED RENTAL REIMBURSEMENT $50 PER DAY ($1500 MAX) ROADSIDE ASSISTANCE SELECTED Contirt� Policy number: 01552931-2 Page 2 of 2 Certificate number 36320NET931 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. Form 5241 (10102) Item No. 12 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: June 22, 2021 SUBJECT: Approve Agreement with Seaside Ice, LLC, dba Ice -America, for the Old Town Temecula Outdoor Ice Skating Rink PREPARED BY: Dawn Adamiak, Community Services Manager RECOMMENDATION: That the Board of Directors approve a five-year agreement with Seaside Ice, LLC, dba Ice -America, for a holiday season outdoor ice skating rink beginning 2021- 2022 through 2025-2026, in an amount not to exceed $381,055 over the five-year term. BACKGROUND: On June 18, 2020, staff issued a Request for Proposals (RFP) for the Old Town Temecula outdoor ice skating rink which was reviewed by an objective internal panel for the following factors: Responsiveness, Qualifications & Experience, Technical Approach & Timeline and Price. The filing deadline of July 9, 2020 was met by two responders. The panel reviewed the RFPs and deemed Seaside Ice, LLC dba Ice -America the most qualified responder. An agreement was not executed in 2020, restrictions in place related to curbing the spread of COVID-19 precluded a December 2020 Ice Rink. Ice -America is a dba of Seaside Ice, LLC, and has been providing ice rink services since 2008 and has professionally and safely provided the ice rink in Old Town Temecula since 2012. The holiday -season outdoor ice skating rink will continue to be a feature of Winterfest and a holiday tradition for many families in Temecula. The rink size will remain the same as previous years, 50'X70' and can accommodate approximately 125 skaters per session. The scope of work shall consist of complete turnkey operations; which will include equipment, installation/ removal and staffing/ operation of the ice skating rink and necessary devices, as a holiday -season event for the City of Temecula. FISCAL IMPACT: Adequate funds of $72,500 for the 2021-22 ice skating season are available in the Temecula Community Services District's Fiscal Year 2021-22 budget. Funds for the remaining four years will be adequately appropriated within the Temecula Community Services District operating budget. ATTACHMENTS: Agreement AGREEMENT FOR CONTRACTOR SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND SEASIDE ICE, LLC DBA ICE- AMERICA OLD TOWN TEMECULA OUTDOOR ICE SKATING RINK THIS AGREEMENT is made and effective as of June 22, 2021 between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Seaside Ice LLC dba Ice -America, 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, 2021 and shall remain and continue in effect until tasks described herein are completed, but in no event later than January 31, 2026 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Contractor shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Contractor shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Contractor 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 Seventy -Two Thousand Five Hundred Dollars and No Cents ($72,500.00) for the 2021-2022 season; Seventy -Four Thousand Three Hundred Ten Dollars and No Cents ($74,310.00) for the 2022-2023 season; Seventy -Six Thousand One Hundred Seventy Dollars and No Cents ($76,170.00) for the 2023-2024 season; Seventy -Eight Thousand Seventy -Five Dollars and No Cents ($78,075.00) for the 2024-2025 season; and Eighty Thousand Dollars and No Cents ($80,000.00) for the 2025-2026 season for a total Agreement amount of Three Hundred Eighty -One Thousand Fifty -Five Dollars and No Cents ($381,055.00) for the total term of the 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 General Manager. 12/31/2020 Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. 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. 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. Inthe 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 Agreementwithout further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be 12/31 /2020 maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. 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. 12/31 /2020 b. Minimum Limits of Insurance. Contractor shall maintain limits no lessthan: 1) General Liability: 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 Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the 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. 12/31 /2020 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. 10. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the General Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice 12/31 /2020 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 Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under thisAgreement 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 To Contractor: Seaside Ice, LLC dba Ice -America Attn: Scott Williams 807 Sprucelake Drive Harbor City, CA 90710 14. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 15. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over 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. 12/31 /2020 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into thisAgreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The General 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. 12131 /2020 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES SEASIDE ICE, LLC dba ICE-AMERICA DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Zak Schwank, TCSD President ATTEST: By Randi Johl, Secretary APPROVED AS TO FORM: By: Scott Williams, Managing Member Peter M. Thorson, General CONTRACTOR Counsel Seaside Ice, LLC dba Ice -America Attn: Scott Williams 807 Sprucelake Drive Harbor City, CA 90710 swil l iams@jce-a merica. com City Purchasing Mgr. Initials and Date: M.SY 05-19-2021 8 12/31 /2020 EXHIBIT A Tasks to be Performed A. General Requirements for Outdoor Ice Rink: The ice skating rink shall be a turnkey installation/removal with turnkey management and operation of an outdoor ice skating rink, as a holiday season special event for the City of Temecula. Skating rink shall be open to the general public for recreational ice skating from mid -December through early January, depending on the school calendar. B. Ice Skating Rink Specifications: Outdoor ice rink shall be located at 41902 Main Street, Temecula, CA, in the Town Square Park. The rink shall be approximately 50' X 70' with the capacity of approximately 125 skaters. C. Contractor shall provide the following: i. Design and build a substructure for ice rink ii. Air-cooled refrigeration system/pumps/hoses/expansion tank iii. Generator to power above refrigeration iv. Fuel for generator V. Insulation and vapor barriers (including insulation to level the site) vi. Modular railing system (clear Plexiglas facing towards rink with room to display signage upon approval from City of Temecula) vii. Ice rink maintenance equipment- mini Zamboni electric re -surfacer used daily or as needed viii. Rink freezer plate system (50 X 70) ix. All tools, equipment and supplies for set-up, strike and maintenance. All Professional Supervision and General Labor, for set-up and strike. X. Refrigeration Technician on -call 24 hours during entire term xi. General set-up and finish -out metal -frame covering over rink wall header. Clear Plexiglas sides with smooth inside finish of rink perimeter. Optional turf/carpet to finish rink perimeter/edge (covering substructure) xii. Sound/public address for announcements and playback of holiday music. xiii. Rink Manager during entire term; trained and experienced in liability protection. xiv. Two (2) ADA Compliant portable restrooms available during entireterm xv. All equipment and amenities installed and ready for test of equipment and facilities, twenty-four (24) hours in advance of grand opening, date to be determined. xvi. Operation of public skate sessions. Hours of operation to be at Contractor's discretion. Proposed times 10:00am until 10:00pm Sunday through Thursday with extended hours until 11:30pm on Friday and Saturday for those 18 and over only. xvii. Special Hours for New Year's Eve: 10:00am on December 31"until 1:00am on January 1Iteach year. xviii. Liability -related signage and written waiver release forms, preferably accessible online 12/31 /2020 xix. Professional Support Services/ Consultation for Event Planning and execution. xx. Rental ice skates (approximate 220 pair of various size), sharpened, ready - to -skate, sharpening services on site as needed during run of event xxi. Skate change area with benches and rubber floor covering (40' X 24' approximate) xxii. Skate trailer or modular unit for ticket sales, storing and distribution of skates and office xxiii. Cash register equipment with ability to accept credit card payments xxiv. All sponsorship opportunities must be approved by City staff xxv. Proponent shall provide the City with attendance statistics. Within forty- five (45) days after the closure of the ice rink, the Proponent shall provide the City with ticket sales statistics (including those tickets that were sold, donated and/or given away). D. Turnkey Management and Day -to -Day Operations: Contractor shall provide professional, on -site management (experienced in customer service, liability -prevention and public safety); staffing to include cashier(s), ticket sales, skate rental attendant(s), safety monitor(s) and maintenance personnel to be on -site during entire term of the event, including but not limited to: i. Employee uniforms ii. Cash register equipment with ability to accept credit cards iii. Coordination of group sales and special events iv. Sound/public address for announcements and playback of holiday music v. All revenues associated with the ice rink venue will be distributed to contractor and its vendors 10 12/31 /2020 EXHIBIT B Payment Rates and Schedule The contractor agrees to submit invoices each year and agrees to the following rates and schedule: YEAR 1 2021-2022 Season $72,500.00 50% Deposit- $36,250.00 due November 4, 2021 25% Payment- $18,125.00 due December 9, 2021 25% Final- $18,125.00 due January 13, 2022 YEAR 2 2022-2023 Season $74,310.00 50% Deposit- $37,155.00 due November 3, 2022 25% Payment- $18,578.00 due December 8, 2022 25% Final- $18,577.00 due January 12, 2023 YEAR 3 2023-2024 Season $76,170.00 50% Deposit- $38,085.00 due November 2, 2023 25% Payment- $19,043.00 due December 14, 2023 25% Final- $19,042.00 due January 1, 2024 YEAR 4 2024-2025 Season $78,075.00 50% Deposit- $39,037.50 due November 7, 2024 25% Payment- $19,518.75 due December 12, 2024 25% Final- $19,518.75 due January 9, 2025 YEAR 5 2025-2026 Season $80,000.00 50% Deposit- $40,000.00 due November 6, 2025 25% Payment- $20,000.00 due December 11, 2025 25% Final- $20,000.00 due January 8, 2026 11 12/31 /2020 OPERATING AGREEMENT Seaside ice, LLC a California Limited Liability Company The undersigned members, desiring to form a limited liability company under the California Limited Liability Company Act (the "Act"), hereby agree as follows: ARTICLE 1 FORMATION 1 Name. The name of the limited liability company (the "Company") is "Seaside Ice, LLC." 1.2 Articles of Organization. Articles of organization were filed with the California Secretary of State on 09/16/2008. 1.3 Purpose. The Company is formed for the purpose of producing seasonal ice skating activity and entertainment throughout the United States, the installation and/or sale of permanent ice skating equipment facilities, and the productions of ice shows together with any other lawful activities in which a limited liability company may engage under the Act. 1.4 Duration. The Company shall exist perpetually, unless dissolved as provided herein. 1.5 Principal Place of Business. The principal office of the Company shall initially be at 501 Herondo Street, Suite 56, Hermosa Beach, CA 90254. The manager(s) may relocate the principal office or establish additional offices from time to time. 1.6 Registered Office and Registered Agent. The Company's initial registered office shall be at 501 Herondo Street, Suite 56, Hermosa Beach, CA 90254, and the name of its initial registered agent at such address shall be Scott W. Williams. ARTICLE 2 MEMBERS, CONTRIBUTIONS, AND INTERESTS 2.1 Names and Addresses. The names and addresses of the members of the Company and their percentage ownership interests are: Percentage Name and address Interest Turtle Island Productions, Inc. 100% 501 Herondo Street, Suite 56 Hermosa Beach, CA 90254 2.2 Ownership Interests. Each member's percentage ownership interest at any time shall be the ratio of that member's shares of interests to all issued and outstanding members' share of interests in capital account balances ("Ownership Interest"). 2.3 Contributions. Each member shall contribute to the Company as its initial capital contribution the cash and/or property described on Exhibit A attached hereto. 2.4 Other Business of Members. Any member may engage independently or with others in other business and investment ventures of every nature and description and shall have no obligation to account to the Company for such business or investments or for business or investment opportunities. 2.5 Additional Contributions. Additional capital contributions shall be accepted from existing members only if the manager(s) unanimously approve and set the maximum total amount of the additional capital contributions. If the manager(s) do so, the members shall have the opportunity (but not the obligation) to make such additional capital contributions on a pro rata basis in accordance with their Ownership Interests. If any member elects to make less than the member's pro rata share of any additional capital contributions, the others may contribute the difference on a pro rata basis in accordance with their Ownership Interests or on any other basis upon which the manager(s) may designate, in which case the Ownership Interests shall be adjusted accordingly. 2.6 No Interest on Capital Contributions. No interest shall be paid on capital contributions and no member shall have the right to withdraw his capital contribution. 2.7 Capital Accounts. A capital account ("Capital Account") shall be determined and maintained for each member. Each member's Capital Account shall be (i) credited with all capital contributions by such member and the member's distributive share of all income and gain (including any income exempt from federal income tax); and (ii) charged with the amount of all distributions to such member and the member's distributive share of losses and deductions. Capital Accounts shall be maintained in accordance with federal income tax accounting principles as set forth in Treas. Reg. § 1.704-1(b) at all times throughout the full term of the Company. In the event of a permitted sale or assignment of all or any part of a member's interest in the Company, the Capital Account of the transferor shall become the Capital Account of the transferee to the extent it relates to the transferred Company interest. See Treas. Reg. § 1.704-1(b)(2)(iv) or any successor provision. 2.8 No Withdrawal or Transfer of Member's Interest. No member shall voluntarily withdraw from the Company without the consent of all the other members except as provided in this Section 2.8. A withdrawal in violation of this Section 2.8 shall constitute a breach of this Agreement for which the Company and other members shall have the remedies provided under applicable law. However, the initial members may sell or transfer all or part of ones ownership interest to the other. 2.9 No Encumbrance. Except in accordance with Article 8, no member shall assign, encumber, sell or otherwise transfer all or any portion of the member's interest in the Company, or enter into any agreement as a result of which any person shall acquire an economic or beneficial interest in the Company or the member's interest in the Company. ARTICLE 3 MEMBER MEETINGS 3.1 Meetings. The annual meeting shall be held at the principal office of the Company or at such other location and at the date and time as the manager(s) shall specify. Written notice of the annual meeting shall be required. 3.2 Sl2ecial Meetings. A special meeting of members shall be held (a) if it is called by the manager(s); or (b) if members holding at least twenty percent (20%) of the Ownership Interests sign, date, and deliver to the Company's principal office a written demand for the meeting, describing the purpose or purposes for which it is to be held. Special meetings shall be held at the principal office of the Company unless otherwise determined by the managers. 3.3 Notice of Meeting. Notice of the date, time, and place of each annual or special members' meeting shall be given to each member not earlier than sixty (60) days nor less than ten (10) days before the meeting date. For a special meeting, the notice must include a description of the purpose or purposes for which the meeting is called. A statement of purpose is not required in a notice of an annual meeting. Written notice may be delivered personally, given by facsimile or other form of wire communication, or by mail or private carrier, to each members' business or home address. Written notice shall be effective at the earliest of the following: (a) when received; (b) when sent by facsimile, email, or other form of wire communication; or (c) two (2) business days after being mailed. 3.4 Record Date. The persons entitled to notice of and to vote at a members' meeting, and their respective Ownership Interests shall be determined as of the record date for the meeting. The record date shall be a date not earlier than seventy (70) days nor less than ten (10) days before the meeting, selected by the manager(s). If the manager(s) do not specify a record date, the record date shall be the date on which notice of the meeting was first mailed or otherwise delivered. 3.5 Quorum. The presence, in person or by proxy, of members owning 60% of the Ownership Interests shall constitute a quorum. 3.6 Proxies. A member may be represented at a meeting in person or by written proxy. 3.7 Voting. On each matter requiring action by the members, each member shall be entitled to vote the member's Ownership Interest. Except where a greater percentage is required elsewhere in this Agreement, all decisions of the Company shall be approved upon the affirmative vote of members owning 60% in interest of the Ownership Interests of the Company. 3.8 Meeting of all Members. Notwithstanding any other provision of this Agreement, if all of the members hold a meeting at any time and place, such meeting shall be valid without call or notice, and any lawful action taken at such meeting shall be the action of the members. 3.9 Waiver of Notice. When any notice is required to be given to any member, a waiver thereof in writing signed by the member entitled to such notice, whether before, at or after the time stated therein, shall be equivalent to the giving of such notice. Attendance at a meeting shall constitute waiver of notice of the meeting unless the member at the beginning of the meeting objects to holding the meeting or transacting business at the meeting. 3.10 Action Without Meetin . Any action required or permitted to be taken by the members at a meeting may be taken without a meeting if a consent in writing, describing the action taken, is signed by members owning sufficient interests to approve such action at a duly called meeting and is included in the minutes of the Company's records of meetings. 3.11 Meetings by Telephone. Meetings of the members may be held by conference telephone or by any other means of communication by which all participants can hear each other simultaneously during the meeting, and such participation shall constitute presence in person at the meeting. ARTICLE 4 MANAGEMENT 4.1 Number and Qualifications of Manager(s). As provided in the articles of organization, the Company shall be managed by manager members(s). The number of manager(s) shall be the number elected by the members and acting as such from time to time, but shall not be less than one (1) nor more than four (4). Manager(s) may be individuals or entities, and need not be members of the Company. 4.2 Election of Manager(s). Manager(s) shall be elected at the annual meeting of members or at a special meeting called for the purpose of electing manager(s); if a special meeting, the meeting notice must state that the purpose, or one of the purposes, of the meeting is election of manager(s). A manager shall serve a term of two (2) years from appointment or election and ending when the members next hold a meeting at which manager(s) are elected, or until the manager's earlier death, resignation, or removal. The number of managers as of the date of this Operating Agreement shall be one (1) and the current manager shall be Scott Williams and he shall serve until his successor(s) are elected and qualified. 4.3 Authority. Subject to restrictions that may be imposed from time to time by the manager(s) or members, each manager shall be an agent of the Company with authority to bind the Company in the ordinary course of its business. However, the manager(s) shall have no authority to bind the Company as to the following matters without first obtaining approval by the members: 4.3.1 Additional Capital Contributions. Approve any additional capital contributions by the members beyond the initial contributions set forth in Section 2.3; and authorize issuance of additional shares of interests to new members upon approval of majority interests of existing members; 4.3.2 Transactions With Members and Their Affiliates. Approve any transaction between the Company and any of the members or any affiliates of any of the members, including modifying or terminating any existing employment or consulting agreement with any member or any affiliate of a member; 4.3.3 Exercise of Company Rights. Exercise any rights of the Company under this Agreement, including its rights to purchase Ownership Interests, except to the extent that members have the right to require the Company to purchase the Ownership Interests of the other member(s) as provided in ARTICLE 7 of this Agreement; 4.3.4 Acquisition of Equity Interest. Purchase or obtain an equity interest in another entity or business; 4.3.5 Loans. Make any material loans to any party, including any loan from the Company to a member of any amount; 4.3.6 Sale of Assets. Sell, or otherwise dispose of, any material assets of the Company, outside the ordinary course of its business; 4.3.7 Reorganization. Make any decision to engage or not engage in the proposed dissolution, liquidation, merger, consolidation, or reorganization of the Company. 4.4 Other Activities. Manager(s) may have other business interests and may engage in other activities in addition to those relating to the Company. This Section 4.4 does not change each manager's duty to act in a manner that the manager reasonably believes to be in the best interests of the Company. 4.5 Manager Meetings 4.5.1 Meetings, Notices' Quorum,• Voting. Meetings of the manager(s) may be called by any manager. Meetings shall be held at the place fixed by the manager(s) or, if no such place has been fixed, at the principal office of the Company. Oral or written notice of the date, time, and place of any meeting shall be given at least twenty-four (24) hours in advance. Written notice may be delivered personally, given by email, facsimile, or other form of wire communication, or by mail or private carrier, to each manager(s)' business or home address. Written notice shall be effective at the earliest of the following: (a) when received; (b) when sent by facsimile, email, or other form of wire communication; or (c) two (2) business days after being mailed. A majority of the manager(s) shall constitute a quorum. Each manager shall be entitled to one vote. A matter submitted to a vote of the manager(s) shall be deemed approved if the votes in favor exceed those against the matter. 4.5.2 Meeting of all Manager(s). Notwithstanding any other provision of this Section 4, if all of the manager(s) shall hold a meeting at any time and place, such meeting shall be valid without call or notice, and any lawful action taken at such meeting shall be the action of the manager(s). 4.5.3 Action Without Meeting. Any action required or permitted to be taken by the manager(s) at a meeting may be taken without a meeting if a consent in writing, describing the action taken, is signed by all of the manager(s) and is included in the minutes of the Company's records of meetings. 4.5.4 Meetings by Telephone. Meetings of the manager(s) may be held by conference telephone or by any other means of communication by which all participants can hear each other simultaneously during the meeting, and such participation shall constitute presence in person at the meeting. 4.6 Resignation. A manager may resign at any time by delivering written notice to the other manager or to the members. The resignation is effective when the notice is effective under the Act, unless the notice specifies a later effective date. Once delivered, a notice of resignation is irrevocable unless revocation is permitted by the remaining manager(s) or an affirmative vote of the members. The resignation of a manager who is also a member shall not affect the manager's rights as a member and shall not constitute a withdrawal of the member. 4.7 Removal of Manager by Members. The members may remove one or more manager(s) with or without cause. A manager may be removed by the members only at a meeting called for the purpose of removing the manager and the meeting notice must state that the purpose, or one of the purposes, of the meeting is removal of the manager. 4.8 Salaries. The salaries and other compensation of the manager(s) shall be fixed from time to time by vote of the members. A manager shall not be precluded from receiving a salary because the manager is also a member. 4.9 Other Agents. The manager(s) may, by mutual agreement, authorize any agent to enter into any lawful contract or to otherwise act on behalf of the Company. Such authority may be general or be confined to specific instances. ARTICLE 5 ACCOUNTING AND RECORDS 5.1 Books of Account. The Company's books and records shall be maintained by the manager(s) at its principal place of business or at its registered office as required by the Act. These shall include financial statements, tax returns, a register showing the names, addresses and Ownership Interests of the members, copies of minutes of all meetings of the members and a copy of this Agreement, including all amendments hereto. Each member shall have access to the books and records at all reasonable times. The manager(s) shall keep such additional books and records of the operation of the Company which are appropriate and adequate for the Company's business and for carrying out this Agreement. 5.2 Fiscal Year. The fiscal year of the Company shall be the calendar year end August 31. 5.3 Accounting Reports. Within ninety (90) days after the close of each fiscal year, the manager(s) shall cause each member to receive an unaudited report of the activities of the Company for the preceding fiscal year, including a copy of a balance sheet of the Company as of the end of such year and a statement of income or loss for such year. 5.4 Tax Returns. The manager(s) shall cause all required federal and state income tax returns for the Company to be prepared and timely filed with the appropriate authorities. Within ninety (90) days after the end of each fiscal year, each member shall be furnished a statement suitable for use in the preparation of the member's income tax return, showing the amounts of any distributions, contributions, gains, losses, profits, or credits allocated to the member during such fiscal year. The Company has elected to be treated as a C corporation for tax reporting and filing purposes. 5.5 Tax Matters Member. The manager(s) shall designate among themselves who shall be the "Tax Matters Member" for the Company in compliance with I.R.C. § 6231(a)(7) (unified audit procedures). Scott Williams shall be the initial Tax Matters Member. ARTICLE 6 ALLOCATIONS AND DISTRIBUTIONS 6.1 Allocation of Net Profit and Loss - In General. 6.1.1 Allocation of Net Profit or Loss. After giving effect to the special allocations set forth in Sections 6.2 and 6.3, the net profit or net loss of the Company for any fiscal year shall be allocated among the members in accordance with their respective Ownership Interests. 6.1.2 Limitation. The net loss allocated to each member for any Company fiscal year pursuant to Section 6.1.1 shall not exceed the maximum amount of net loss that can be so allocated without causing such member to have a deficit Capital Account at the end of the fiscal year. All net losses in excess of the limitation set forth in this Section 6.1.2 shall be allocated to the other members who do not have deficit Capital Accounts in proportion to their respective Ownership Interests. 6.2 Special Allocations. The following special allocations shall be made for any fiscal year of the Company in the following order: 6.2.1 Minimum Gain Chargeback. If there is a decrease in the Company's "partnership minimum gain," as defined by and determined under Treas. Reg. §§ 1.704-2(b)(2) and 1.704-2(d), the minimum gain chargeback provisions of Treas. Reg. § 1.704- 2(f), which are incorporated into this Agreement by this reference, shall be applied. 6.2.2 Member Minimum Gain Char eg back. If there is a decrease in any member's share of "partner nonrecourse debt minimum gain," as defined by and determined under Treas. Reg. § 1.704-2(i), the partner nonrecourse debt minimum gain chargeback provisions of Treas. Reg. § 1.704-2(i)(4), which are incorporated into this Agreement by this reference, shall be applied. 6.2.3 Qualified Income Offset. In the event that any member unexpectedly receives any adjustments, allocations, or distributions described in Treas. Reg. §§ 1.704-1(b)(2)(ii)(d)(4), (5) or (6), items of Company income and gain shall be specially allocated to such member in accordance with Treas. Reg. § 1.704-(1)(b)(2)(ii)(d). 6.2.4 Nonrecourse Deductions. "Nonrecourse deductions," as defined in and determined under Treas. Reg. §§ 1.704-2(b)(1) and (c), shall be allocated among the members in accordance with their respective Ownership Interests. 6.2.5 Member Nonrecourse Deductions. "Partner nonrecourse deductions," as defined in and determined under Treas. Reg. §§ 1.704-2(i)(1) and (2), shall be specially allocated among the members in accordance with Treas. Reg. § 1.704-2(i). 6.3 Corrective Allocations. The allocations set forth in the last sentence of Section 6.1.2 and in Section 6.2 are intended to comply with certain regulatory requirements under Section 704(b) of the Internal Revenue Code of 1986, as amended (the "Code"). The members intend that, to the extent possible, all allocations made pursuant to such Sections will, over the term of the Company, be offset either with other allocations pursuant to Section 6.2 or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 6.3. Accordingly, the manager(s) are hereby authorized and directed to make offsetting allocations of Company income, gain, loss or deduction under this Section 6.3 in whatever manner the manager(s) determine is appropriate so that, after such offsetting special allocations are made, the Capital Accounts of the members are, to the extent possible, equal to the Capital Accounts each would have if the provisions of Section 6.2 were not contained in this Agreement and all income, gain, loss and deduction of the Company were instead allocated pursuant to Section 6.1.1. 6.4 Other Allocation Rules. 6.4.1 General. Except as otherwise provided in this Agreement, all items of Company income, gain, loss, deduction, or credit and any other allocations not otherwise provided for shall be divided among the members in the same proportions as they share net profits or net losses, as the case may be, for the year. 6.4.2 Allocation of Recapture Items. In making any allocation among the members of income or gain from the sale or other disposition of a Company asset, the ordinary income portion, if any, of such income and gain resulting from the recapture of cost recovery or other deductions shall be allocated among those members who were previously allocated (or whose predecessors -in -interest were previously allocated) the cost recovery deductions or other deductions resulting in the recapture items, in proportion to the amount of such cost recovery deductions or other deductions previously allocated to them. 6.4.3 [Reserved] 6.4.4 Allocations in Connection with Varying Interests. If, during a Company fiscal year, there is (i) a permitted transfer of a member's interest in the Company under this Agreement or (ii) the admission of a member or additional members, net profit, net loss, each item thereof, and all other tax items of the Company for such period shall be divided and allocated among the members by taking into account their varying interests during such fiscal year in accordance with Code Section 706(d) and using any conventions permitted by law and selected by the manager(s). 6.5 Determination of Net Profit or Loss. 6.5.1 Computation of Net Profit or Loss. The net profit or net loss of the Company, for each fiscal year or other period, shall be an amount equal to the Company's taxable income or loss for such period, determined in accordance with Code Section 703(a) (and, for this purpose, all items of income, gain, loss or deduction required to be stated separately pursuant to Code Section 703(a)(1), including income and gain exempt from federal income tax, shall be included in taxable income or loss). 6.5.2 Adjustments to Net Profit or Loss. For purposes of computing taxable income or loss on the disposition of an item of Company property or for purposes of determining the cost recovery, depreciation, or amortization deduction with respect to any property, the Company shall use such property's book value determined in accordance with Treas. Reg. § 1.704-1(b). 6.5.3 Items Specially AIlocated. Notwithstanding any other provision of this Section 6.5, any items that are specially allocated pursuant to Sections 6.2 or 6.3 shall not be taken into account in computing the Company's net profit or net loss. 6.6 Mandatory Tax Allocations Under Code Section 704(c). In accordance with Code Section 704(c) and Treas. Reg. § 1.704-3, income, gain, loss and deduction with respect to any property contributed to the capital of the Company shall, solely for tax purposes, be allocated among the members so as to take account of any variation between the adjusted basis of such property to the Company for federal income tax purposes and its initial book value computed in accordance with Section 6.5.2. Prior to the contribution of any property to the Company that has a fair market value that differs from its adjusted tax basis in the hands of the contributing member on the date of contribution, the contributing member and the manager(s) shall agree upon the allocation method to be applied with respect to that property under Treas. Reg. § 1.704-3, as amended from time to time. Allocations pursuant to this Section 6.6 are solely for purposes of federal, state, and local taxes and shall not affect, or in any way be taken into account in computing any member's Capital Account or share of the Company's net profit, net loss, or other items as computed for book purposes, or distributions pursuant to any provision of this Agreement. 6.7 Distributions. The Company may make distributions to the members from time to time of any monies or property in excess of that needed to properly carry on the business of the Company. Each distribution shall be made to all members, and divided among the members in proportion to their respective Ownership Interests. All distributions shall be subject to the limitations described in the Act. 6.8 Distributions to Pay Tax Liabilities. Within ninety (90) days after the end of each fiscal year, the Company shall make a distribution in an amount equal to at least (a) the Company's net taxable income during the fiscal year multiplied by (b) the lesser of (i) forty-five (45) percent or (ii) the sum of the maximum federal and state individual income tax rates of any member in effect for the fiscal year (taking into account the deductibility of state taxes for federal income tax purposes), less (c) the amount of any distributions made by the Company during the fiscal year (other than distributions made during the fiscal year that were required to be made under the provisions of this Section with respect to a prior fiscal year). For purposes of this Section, the Company's net taxable income shall be the net excess of items of recognized income and gain over the items of recognized loss and deduction reported on the Company's federal income tax return for the taxable year with respect to which the distribution is being made. The Company's obligation to make such distribution is subject to the restrictions governing distributions under the Act. ARTICLE 7 WITHDRAWAL AND DISSOLUTION 7.1 Events of Dissolution. Except as otherwise provided in this Agreement, the Company may dissolve upon the earlier of: (a) The death, withdrawal, expulsion, bankruptcy or dissolution of any member; (b) the incompetence of a member. For purposes of this Agreement, the term "incompetence" shall mean and refer to a person (i) who is a minor, (ii) who is judicially determined to be incompetent, or (iii) who is for any reason certified by his or her attending physician to be a person whose ability to receive and evaluate information effectively or communicate decisions is impaired to such extent that he or she presently lacks the capacity to meet the essential requirements for his or her physical health or safety or to manage financial resources; (c) approval of dissolution by a vote of the members; or (d) a change in control of an entity that is a member, the merger, change of organization, consolidation or reorganization of an entity that is a member, or the sale or transfer of a controlling interest of an entity that is a member. For purposes of this Section, "control" shall mean the ability to direct the operation of the business of such entity. 7.2 Effect of Death of a Member. 7.2.1 Upon the death of a member, the remaining members, excluding the decedent's estate and successor in interest, may within one hundred twenty (120) days elect to: (a) maintain the deceased member's successor in interest as an assignee of the Ownership Interest of the deceased member; (b) admit the deceased member's successor in interest as a member in place of the deceased member; or (c) purchase the interest of the deceased member pursuant to Sections 7.7 below. 7.2.2 The election shall be at the sole discretion of the surviving members and shall require the consent of a majority in interest of the surviving members, excluding the decedent's estate or successor in interest. The successor in interest shall be provided the results of the election by written notice. If the surviving members do not so elect, the Company shall dissolve, effective on the date of the event of dissolution. 7.3 Effect of Withdrawal or Other Event of Dissolution. Upon the withdrawal, incompetence, expulsion, bankruptcy or dissolution or change of control of a member, the remaining members may within one hundred twenty (120) days, without waiving any remedies in the case of voluntary withdrawal pursuant to Section 2.8 elect to: (a) maintain the member's successor in interest, if any, as an assignee of the affected member's interest; (b) admit the member's successor in interest, if any, as a member; or (c) purchase the interest of the affected member pursuant to Sections 7.5 below. The election shall be at the sole discretion of the remaining members, and shall require the consent of a majority in interest of the remaining members. The successor in interest shall be provided the results of the election by written notice. If the remaining members do not so elect, the Company shall dissolve, effective on the date of the event of dissolution. 7.4 Liquidation Upon Dissolution and Winding Up. Upon the dissolution of the Company, the manager(s) shall wind up the affairs of the Company. A full account of the assets and liabilities of the Company shall be taken. The assets shall be promptly liquidated and the proceeds thereof applied as required by the Act. Upon discharging all debts, liabilities and preference distributions, all remaining assets shall be distributed to the members or their representatives by the end of the taxable year in which the liquidation occurs (or, if later, within ninety (90) days after the date of such liquidation) in proportion to the positive balances of their respective Capital Accounts, as determined after taking into account all Capital Account adjustments for the taxable year during which the liquidation occurs (other than those made pursuant to Section 7.11) until such balances are reduced to zero, and then in proportion to their Ownership Interests. With the approval of the members, the Company may, in the process of winding up the Company, distribute property in kind, in which case the members' Capital Account balances shall be adjusted in accordance with Treas. Reg. § 1.704-1(b)(2)(e). 7.5 No Obligation to Restore Negative Capital Account Balance on Li uq idation. Notwithstanding anything to the contrary in this Agreement, upon a liquidation within the meaning of Regulation Section 1.704-1(b)(2)(ii)(g), no member shall have any obligation to make any capital contribution to the Company to eliminate the negative balance, if any, of such member's Capital Account and such negative balance shall not be considered a debt owed by such member to the Company or to any other person for any purpose whatsoever. 7.6 Valuation of Member's Interest. If the Company elects to purchase the interest of a member pursuant to Section 7.2 or 7.3 above, the value of the affected member's interest shall be determined by multiplying the member's Ownership Interest by the net fair market value of all Company assets. The net fair market value of the Company assets shall be determined by agreement between the remaining members and the affected member or the affected member's legal representative. If agreement as to such value cannot be obtained, the value of the affected member's interest shall be determined by the firm of accountants then servicing the Company, utilizing the following criteria: (a) All accounts of the Company shall be valued at their stated book value as shown on the Company's books of account, and as adjusted at the end of the fiscal year immediately preceding the event giving rise to the purchase; (b) No value shall be attributable to goodwill or to the Company's name; (c) The excess of the current market value of all assets over their stated book value, including those assets not having a cost basis for Federal income tax purposes, or the deficiency of the current market value of all assets under their stated book value, shall be added or subtracted, as the case may be, to the book value to determine the adjusted book value; (d) All debts of the Company shall be deducted from the adjusted book value to reach the net adjusted book value; (e) The member's Ownership Interest shall be multiplied by the final value of the Company as determined above to reach the net value of the member's Ownership Interest for purposes of this Section 7.6, and (f) The valuation of the affected member's Ownership Interest, when made, shall be final and binding upon all parties affected thereby. The accountants shall be entitled to obtain, at the Company's expense, such appraisals and other professional advice in determining net adjusted book value or to complete the Company's books of account as they deem necessary or advisable. 7.7 Payment for Member's Interest. The purchase price for a member's interest purchased pursuant to Section 7.2 or 7.3 shall be paid in substantially equal, consecutive monthly payments, including principal and interest. Interest shall accrue at the Longterm Applicable Federal Rate as published in the Wall Street Journal in effect on the date of the purchase. The first payment shall be made not later than thirty (30) days following the date on which the valuation of the affected member's Ownership Interest is determined. The Company may prepay the remaining amount of the purchase price at any time without penalty. 7.8 Effect of Purchase of Member's Interest. A member shall cease to be a member upon the Company's election to purchase the member's interest pursuant to Section 7.2 or 7.3. During the period in which the Company is making payments to the former member, the former member shall have no rights as a member in the Company. 7.9 Failure to Exercise Purchase Option. If the Company does not exercise the purchase option under Sections 7.2 and 7.3 and the business of the Company is continued as provided in Sections 7.2 and 7.3, then each of the persons who succeed to the affected member's interest shall be an assignee of such affected member, but shall not be a member unless admitted as a member in accordance with Section 2.8. 7.10 Assignee of Member's Interest. Upon any transfer of a member's Ownership Interest, either voluntary or involuntary and during life or at death, the successor in interest shall be an assignee of such Ownership Interest as described in the Act. An assignee of a member's interest shall have no rights as a member in the Company until the remaining or surviving members unanimously elect to admit such successor in interest as a member. 7.11 Expulsion. 7.11.1 For Cause. A member may be expelled from the Company for cause upon a vote of a majority in interest of the members, pursuant to the Act. Such expulsion shall be effective as of the date of the vote of the members to expel. 7.11.2 For No Cause. A member may be expelled from the Company for no cause upon a vote of at least 60% of the interest of the members. Such expulsion shall be effective as of the date of the vote of the members to expel. Upon such expulsion, the Company shall purchase the member's interest as provided in Sections 7.6, 7.7 and 7.8 above. 7.12 Liquidation Upon Dissolution and Winding Up. Upon the dissolution of the Company, the manager(s) shall wind up the affairs of the Company. A full account of the assets and liabilities of the Company shall be taken. The assets shall be promptly liquidated and the proceeds thereof applied as required by the Act. Upon discharging all debts, liabilities and preference distributions, all remaining assets shall be distributed to the members or their representatives by the end of the taxable year in which the liquidation occurs (or, if later, within ninety (90) days after the date of such liquidation) in proportion to the positive balances of their respective Capital Accounts, as determined after taking into account all Capital Account adjustments for the taxable year during which the liquidation occurs (other than those made pursuant to this Section 7.11) until such accounts have a balance of zero, and then in proportion to their Ownership Interests. With the approval of the members, the Company may, in the process of winding up the Company, distribute property in kind, in which case the members' Capital Account balances shall be adjusted in accordance with Treas. Reg. § 1.704-1(b)(2)(e). ARTICLE 8 TRANSFER OF COMPANY INTERESTS AND ADMISSION OF MEMBERS 8.1 General Prohibition. No member may voluntarily or involuntarily, directly or indirectly, sell, transfer, assign, pledge or otherwise dispose of, or mortgage, pledge, hypothecate or otherwise encumber, or permit or suffer any encumbrance of, all or any part of such member's interest in the Company, except as provided in this ARTICLE 8. Any other purported sale, transfer, assignment, pledge or encumbrance shall be null and void and of no force or effect whatsoever. 8.2 Permitted Transfers by Members. Subject to any conditions and restrictions on transferability required by law or contained in this Agreement, specifically including but not limited to the conditions set forth in Section 8.3, a member may transfer such member's entire interest in the Company to any of the following: (a) Any other member; (b) (i) a limited liability company, corporation or partnership, so long as the transferor retains control of such entity and such interest remains subject to the terms of this Agreement, (ii) the transferor's spouse and/or children, (iii) a living trust over which the transferor retains the right of revocation (provided such interest shall continue to be subject to the terms of this Agreement in the hands of the trustee of the trust); or (c) Any purchaser in accordance with Section 8.4. 8.3 Conditions on Transfer. No transfer of a member's interest shall be effective unless and until the following conditions are satisfied: (a) The transferor and transferee shall have executed and acknowledged such reasonable and customary instruments as shall be necessary or desirable, in the opinion of the manager(s), to effect such transfer; (b) The transfer shall not violate any applicable law or governmental rule or regulation, including without limitation the Act and any federal or state securities laws; and (c) Unless otherwise approved by the manager(s), the transfer, when aggregated with all other transfers within a twelve (12) month period, shall not cause the termination of the Company as a partnership for federal income tax purposes pursuant to § 708 of the Code. 8.4 Sale of Interest. (a) Subject to compliance with the conditions of Section 8.3, a member shall be entitled to sell the member's interest in the Company only in strict accordance with the provisions of this Section 8.4. If a member elects to sell the member's interest in the Company, the member shall first give written notice of the member's intention to do so (the "Sale Notice") to the all other members (the "Remaining Member(s)"). Such notice, which shall be based on a bona fide offer to purchase by the designated prospective purchaser, shall set forth the purchase price (which shall be a cash amount and not the exchange of property or other value), the terms of payment and the other terms of sale and the identity of the proposed transferee. The Remaining Member(s) shall have a period of sixty (60) days after the Sale Notice is given to elect to acquire such interest at the price and upon the same terms (other than the closing date) designated in the Sale Notice, less the difference, if any, in commissions and costs of closing payable in the event of the proposed sale as opposed to a sale to the Remaining Member(s). If the Remaining Member(s) do not elect to acquire such interests on such terms within the time provided herein or if the Remaining Member(s) give written notice of rejection thereof before the expiration of the sixty (60) day period, the member giving the Sale Notice shall have the right to sell and close the sale of such interest to the same person and upon substantially the same terms as set forth in the Sale Notice for a period of fortyfive (45) days following notice of rejection or following the expiration of the sixty (60) day period, whichever is earlier. After the expiration of the forty-five (45) day period within which to complete the sale, the member giving the notice of intention to sell shall not sell or transfer such interest without again complying with the terms of this Section 8.4(a). Any sale hereunder to the Remaining Member(s) shall be closed within sixty (60) days of the acceptance of the offer to sell. (b) If the Remaining Member(s) elect to acquire such interest as above provided above, they must acquire all and not part of such interest. Each Remaining Member electing to purchase shall have the right to acquire the interest offered proportionate to such Remaining Member's respective Ownership Interest; that is, each such Remaining Member may acquire such portion of the offered interest that the Remaining Member's Ownership Interest bears to all Ownership Interests of Remaining Member(s) electing to purchase (unless the purchasing Remaining Members agree to divide the interest other than as set forth above). If any Remaining Member does not elect to acquire such Remaining Member's full proportionate share of such interest, the other Remaining Member(s) desiring to acquire the same may acquire such share proportionate to their respective Ownership Interests (unless the purchasing Remaining Members agree to divide the remaining interest other than as set forth above). 8.5 Effect of Transfer Generally. At the time of a transfer of any member's interest, whether or not such transfer is made in accordance with this ARTICLE 8, all the rights possessed as a member in connection with the transferred interest, which rights otherwise would be held either by the transferor or the transferee, shall terminate against the Company unless the transferee is admitted to the Company as a Substitute Member pursuant to the provisions of Section 8.6; provided, however, that if the transfer is made in accordance with this ARTICLE 8, such transferee shall be entitled to receive distributions to which such transferor would otherwise be entitled from and after the effective date of such transfer, which date shall be specified by the manager(s) and shall be no later than the last day of the calendar month following the first calendar month during which the manager(s) received notice of the transfer and all conditions precedent to such transfer provided for in this Agreement have been satisfied. The Company and the manager(s) shall be entitled to treat the transferor as the recognized owner of such interests until such effective date and shall incur no liability for distributions made in good faith to the transferor prior to the effective date. 8.6 Admission of Transferee as Substitute Member. (a) No transferee of a member shall be admitted as a member unless all of the following conditions have been satisfied: (i) The transfer complies with Sections 8.2 and 8.3, and Section 8.4 (if applicable); (ii) All Company members consent to transferee's admittance; (iii) The prospective transferee has executed instruments, in form and substance satisfactory to the managers, accepting and agreeing to be bound by all the terms and conditions of this Agreement and any member admission agreement required by the manager and has paid all expenses of the Company in effecting the transfer; (iv) All requirements of the Act regarding the admission of a member have been complied with by the transferee, the transferring member and the Company; and (v) Such transfer is effected in compliance with all applicable state and federal securities laws. (b) In the event of a transfer complying with all the requirements of Sections 8.2 and 8.3, and Section 8.4 (if applicable), and the transferee being admitted as a member pursuant to this Section 8.6, the transferee shall execute a member admission agreement acceptable to the manager(s), in which the transferee agrees to be bound by the terms of this Agreement. ARTICLE 9 LIMITATION OF LIABILITY/INDEMNIFICATION 9.1 Indemnification. The Company shall indemnify each of its manager(s) to the fullest extent not prohibited by California law, as the same exists or may hereafter be amended or interpreted, against all liability, loss and costs (including, without limitation, attorney's fees) incurred or suffered by the manager by reason of or arising from the fact that such person is or was a manager of the Company, or is or was serving at the request of the Company as a manager, director, officer, partner, trustee, employee, or agent of another foreign or domestic limited liability company, corporation, partnership, joint venture, trust, benefit plan, or other enterprise. The Company may, by action of the members or manager(s), provide indemnification to employees and agents of the Company who are not manager(s). The indemnification provided in this Section shall not be exclusive of any other rights to which any person may be entitled under any statute, bylaw, agreement, resolution of members or manager(s), contract, or otherwise. 9.2 Limitation of Liability. Manager(s) of the Company shall not be liable to the Company or its members for monetary damages for conduct as manager(s) except to the extent that the Act, as it now exists or may hereafter be amended, prohibits elimination or limitation of manager liability. No repeal or amendment of this Section or of the Act shall adversely affect any right or protection of a manager for actions or omissions prior to the repeal or amendment. ARTICLE 10 AMENDMENTS 10.1 By Members. The members may amend or repeal the provisions of this Agreement by unanimous agreement set forth in writing or by action taken at a meeting of members called for that purpose. This Agreement may not be amended or repealed by oral agreement of the members. 10.2 By Mana eg r(s). The manager(s) may not amend or repeal the provisions of this Agreement. ARTICLE 11 MISCELLANEOUS 11.1 Additional Documents. Each member shall execute such additional documents and take such actions as are reasonably requested by the manager(s) in order to complete or confirm the transactions contemplated by this Agreement. 11.2 Arbitration and Mediation. Any dispute among the members or among the members and the Company concerning this Agreement shall be resolved by arbitration before a single arbitrator, in accordance with the then -effective commercial arbitration rules of the American Arbitration Association. Arbitration shall occur in Los Angeles County, CA. Judgment upon the arbitration award may be entered in any court having jurisdiction. The parties acknowledge that mediation may help resolve any dispute. Therefore, any party may propose mediation whenever appropriate through the American Arbitration Association, or any other mediator or mediation process the parties may agree on. Nothing herein, however, shall prevent a member from resort to a court of competent jurisdiction in those instances where injunctive relief may be appropriate. 11.3 Attorney's Fees. In the event arbitration is instituted to enforce or determine the parties' rights or duties arising out of the terms of this Agreement, or injunctive relief is sought in a court of competent jurisdiction, the party substantially prevailing shall be entitled to recover such amount for its cost and attorney's fees incurred in connection with the arbitration or other proceeding as shall be determined by the arbitrator or judge. 11.4 Counterparts. This Agreement may be executed in two or more counterparts, which together shall constitute one agreement. 11.5 Governing Law. This Agreement and the rights and obligations of the parties under it are governed by and interpreted in accordance with the laws of the State of California (without regard to principles of conflicts of law). 11.6 Headings. Headings in this Agreement are for convenience only and shall not affect the meaning. 11.7 Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions. 11.8 Third -Party Beneficiaries. The provisions of this Agreement are intended solely for the benefit of the members and shall create no rights or obligations enforceable by any third party, including creditors of the Company, except as otherwise provided by applicable law. ADOPTED & REVISED as of August 31, 2018 by the undersigned, constituting all of the me hers. >3y Scott W i tams, Manager and Member for Turtle Island Productions, Inc. EXHIBIT A Initial Issuance of Shares & Capital Contribution Number of Shares Capital Contributed Turtle Island Productions 1,000 $1,000 Item No. 13 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: June 22, 2021 SUBJECT: Approve Agreement with Shawna Sarnowski for Photography Services at Various City Events and Programs PREPARED BY: Dawn Adamiak, Community Services Manager RECOMMENDATION: That the Board of Directors approve a five-year agreement with Shawna Sarnowski for photography services at various City events and programs beginning 2021- 2022 through 2025-2026, in an amount not to exceed $40,000 per fiscal year over the five-year term. BACKGROUND: Shawna Sarnowski has been providing high quality, professional photography services to the City of Temecula since 2014. Shawna has proven to be easy to work with and very flexible with her schedule. She has photographed City special events including Halloween Carnival, Santa's Electric Light Parade, and Rod Run, State of the City, Theater performances and even captured the heart of Temecula during the past year. FISCAL IMPACT: Adequate funds of $40,000 are available in the Temecula Community Services District's Fiscal Year 2021-22 budget. Funds for the remaining four years will be adequately appropriated within the Temecula Community Services District operating budget. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND SHAWNA SARNOWSKI PHOTOGRAPHY SERVICES AT EVENTS AND PROGRAMS THIS AGREEMENT is made and effective as of June 22, 2021 between the Temecula Community Services District , a community services district (hereinafter referred to as "City"), and Shawna Sarnowski, 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, 2021 and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 31, 2026, 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. Consultant recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Consultant for the non-exclusive procurement of services outlined on Exhibit A, attached hereto and incorporated herein as though set forth in full. The Consultant understands this Agreement is non-exclusive and the City reserves the right to purchase similar services from other Consultants. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty Thousand Dollars and No Cents ($40,000.00) each fiscal year for a total Agreement amount of Two Hundred Thousand Dollars and No Cents ($200,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Consultant at the time City's written authorization is given 12/31 /2020 to Consultant for the performance of said services. The not to exceed payment amount listed herein is an estimated expenditure and this Agreement does not guarantee Consultant this amount in purchases. 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/ARTIST 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 General 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 ARTWORK DESIGNS COPYRIGHTS AND TRADEMARKS 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 12/31 /2020 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 photographs, photographic negatives, digital images, CD's, documents, designs, drawings, maps, models, computer files, 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 or additional compensation paid to Consultant. Consultant acknowledges and agrees that the City will use the photographs described in Exhibit A for the City's promotional brochures, advertising documents, City booklets and reports, CD Rom promotional disks, videos and other promotional, civic, or economic development activities and that City may provide the photographs to other non-profit or for -profit groups for their use, and that such use shall be without further approval or additional compensation to the Consultant. City shall not be required to provide credits to photographer in any use of the photographs. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, 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 elected officials, officers, agents, or employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant 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 Scone 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. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the 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, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 12/31 /2020 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, 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 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 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/Artist 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 State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity in occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION 12/31 /2020 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 General Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided 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 (1) 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 To Consultant: Shawna Sarnowski P O Box 2405 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 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 12/31/2020 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 General 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. 12/31 /2020 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Zak Schwank, TCSD President ATTEST: By: Randi Johl, Secretary APPROVED AS TO FORM: -22 SHAWNA SARNOWSKI (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By:' Shawna Sarnowski, Owner By: Peter M. Thorson, General CONSULTANT Counsel Shawna Sarnowski P O Box 2405 Temecula, CA 92693 shawnasarnowski@yahoo.com (951) 768-3930 j City Purchasing Mgr. Initials and Date: � 05-19-2021 s 12/31 /2020 EXHIBIT A TASKS TO BE PERFORMED 1. Prior to taking the photographs, Consultant shall discuss the proposed locations and type of photos to be taken with the service requestor. 2. Proofs / Digital Images of the photographs shall be submitted to the service requestor within 48 hours. Service requestor shall select the proofs/images for purchase by the City. 3. Final photographs and negatives/ digital images shall be submitted after selection of the final photographs/images and as requested. Project Description Images will include but not limited to: • Portraits: formal Elected and Executive Staff (individual and groups) • City events • Theater events • Official meetings • Ceremonies Dedications and awards o Art direction may come from City Staff o Images will be ready (color and contrast corrected) and delivered via email link within 48 hours of shoot dates. Usage This is a full buyout with unlimited usage, full release, reproductive and derivative rights. Shawna Sarnowski Photograph (SSP) grants the City of Temecula an unlimited license to use the photos to include web, email, and print advertising. SSP has the right to use the photos and finished tear sheets for portfolio and personal promotional use. 12/31 /2020 ICI:/:IMI9-. PAYMENT RATES AND SCHEDULE Cost for services shall be as per Consultant's attached proposal but in no event shall the total cost of services exceed $200,000.00 for the total term of Agreement, unless additional payment is approved as provided in the Payment section of this Agreement. The not to exceed payment amount listed herein is an estimated expenditure and this Agreement does not guarantee Consultant this amount in services. Payment rate and schedule to be determined per requested service and upon approved quote. Total agreement amount shall not exceed $40,000.00 annually for a total of $200,000.00 for the total term of the agreement. FEES (NOT APPLICABLE TO THEATER AGREEMENT FLAT FEE) Photography Rate One hour or less: $100.00 Two hours: $150.00 Four hours: (half day) $200.00 Eight hours: (full day) $400.00 Each Additional Hour: $50.00 Video Rate $250.00 Equipment Rate $75.00 (Additional lighting: flashes; LED lights; backdrops; reflectors; diffusers; etc.) 10 12/31 /2020 EXHIBIT PAYMENT RATES AND SCHEDULE FEES (NOT APPLICABLE TO THEATER AGREEMENT FLAT FEE) Photography Rate Year 1 Year 2 Year 3 Year 4 Year 5 Less than 1 hour $120.00 $125.00 $130.00 $135.00 $140.00 Less than 2 hours $170.00 $175.00 $180.00 $185.00 $190.00 Less than 4 hours $220.00 $225.00 $230.00 $235.00 $240.00 Less than 8 hours $420.00 $425.00 $430.00 $435.00 $440.00 Each Additional hour after 8 $50.00 $50.00 $50.00 $50.00 $50.00 Video Rate $250.00 $250.00 $250.00 $250.00 $250.00 Equipment Rate $75.00 $75.00 $75.00 $75.00 $75.00 (Additional lighting: flashes; LED lights; backdrops; Reflectors; diffusers, etc.) Monthly Cloud Storage Fee $50.00 $50.00 $55.00 $55.00 $60.00 Item No. 14 ACTION MINUTES JOINT MEETING - SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY / CITY COUNCIL COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 8, 2021 CALL TO ORDER at 9:02 PM: Chair Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart SARDA / COUNCIL PUBLIC COMMENTS - None SARDA / COUNCIL CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Stewart. The vote reflected unanimous approval. 10. Approve First Amendment to the Ground Lease and Re _ u�y Agreement, Between the City of Temecula, as Housing Successor to the Former Temecula Redevelopment Agency, and Temecula Gardens II L.P., (Affirmed Housing), Located at 28493 Pujol Street Recommendation: That the City Council/Board of Directors adopt a resolution entitled: RESOLUTION NO. 2021-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ACTING IN ITS CAPACITY AS THE HOUSING SUCCESSOR, APPROVING THE FIRST AMENDMENT TO THE GROUND LEASE AND REGULATORY AGREEMENT RELATING TO THE MISSION VILLAGE APARTMENTS PROJECT SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS SARDA ADJOURNMENT At 9:04 PM, the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, June 22, 2021, at 5:30 PM for a Closed Session, with a regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Maryann Edwards, Chair ATTEST: Randi Johl, Secretary [SEAL] Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: June 22, 2021 SUBJECT: Receive and File Report on the American Rescue Plan Act (ARPA) Funding Allocation to the City of Temecula RECOMMENDATION: That the City Council receive and file the report. BACKGROUND: On March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law by Senate and House of Representatives of the United States of America. The $1.9 trillion relief bill includes an allocation of $350 billion in emergency funding for eligible state, local, territorial and Tribal governments to respond to the COVID-19 emergency. The City of Temecula's allocation of ARPA funding is $14,079,507, of which 50% will be received during the current fiscal year and the remaining 50% will be received 12 months later. The City has not yet received this funding from ARPA. Federal guidance detailing the eligible expenditure of these funds was released by the U.S. Department of the Treasury on May 10, 2021. Staff is currently reviewing the guidance to understand the eligibility criteria for the expenditure of the funds. The attached Exhibit A summarizes the four categories of eligible uses of the Federal funds. Staff will present a menu of options to the Strategic Fiscal Ad Hoc Subcommittee for discussion purposed in July 2021. Following the City Council's Strategic Planning Session in late July, the Subcommittee will reconvene and develop a list of recommended expenditure appropriations to bring forward to the City Council in August. FISCAL IMPACT: The City of Temecula has been appropriated $14,079,507, to be received in two installments, twelve months apart. The first installment of $7,039,753.50 is expected to be received during Fiscal Year 2021-22, once the City has registered with the U.S. Department of the Treasury to receive the funds. ATTACHMENTS: Exhibit A - American Rescue Plan Act Summary of Eligible Uses Exhibit A City of Temecula American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds Summary of Eligible Uses Temecula Allocation: $14,079,507 Eligible Use Categories Examples of Expenditures Responding to COVID-19 A. COVID testing/contact tracing B. Capital investment to public facilities C. Vaccination campaigns D. Public Safety staffing Responding to Negative Economic Impacts Public Health & A. Household assistance B. Improvement to efficacy of relief programs Economic Impacts C. Small business/non-profit assistance D. Payroll costs to re -hire public sector staff E. Aid to impacted industries F. Within Qualified Census Tract: Affordable Housing investment Homeless services Educational disparities Promote childhood environments Provide premium pay to eligible workers performing essential work Premium Pay during the public health emergency or to provide grants to third - party employers with eligible workers performing essential work. Eligible to spend on Government Services A. Building of infrastructure roads cyber security protection of critical infrastructure Revenue Loss B. Health Services/Environmental remediation C. School/educational services D. Police, Fire and other Public Safety services Cannot use funds for: A. Interest/Principal on outstanding debt B. Satisfaction of any obligation C. Replenish reserves Water & Sewer Infrastructure A. Projects to improve water quality B. Improve water pollution C. Repair wastewater treatment plants D. Control non -point sources of pollution E. Create green infrastructure F. Replace lead service lines Investments in G. Manage and treat storm water/drainage water H. Facilitate water reuse Infrastructure I. Cybersecurity to protect water/sewer infrastructure J. Projects to address climate change Broadband Infrastructure A. Provide services to meet 100 Mbps speeds B. Provide to underserved households & businesses Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: June 22, 2021 SUBJECT: Community Development Department Monthly Report RECOMMENDATION: That the City Council receive and file the Community Development Department monthly report. The following are the highlights for Community Development for the month of May 2021. CURRENT PLANNING ACTIVITIES Planning processed 29 new applications (not including Home Occupations) and conducted five (5) Public Hearings in May 2021. A detailed account of planning activities is attached to this report. PlanType May 2021 Long Range Projects C Development Plan 4 Extension of Time U Home Occupation Maps 1 Massage Permits Modifications 7 Pre -Application Sign Program 0 Temporary Use Permit Wireless Antenna Facility 2 Zoning Total 52 Woodspring Suites (PA20-0072): The City is processing a Development Plan for an approximately 60,600 square foot, four-story, 130 room Woodspring Suites Hotel located on the west side of Madison Avenue between Buecking Drive and McCabe Court. (COOPER) Sommers Bend PA15 HPR (PA20-1454): The City is processing a Home Product Review for Planning Area 15 of the Roripaugh Ranch Specific Plan to allow for three (3) unique detached single-family plans with three (3) architectural styles consisting of 45 lots. Project was approved at the April 21, 2021 Planning Commission. (CARDENAS) Sommers Bend PA17B & 18B HPR (PAs 21-0507, 21-0508): The City is process a Home Product Review for Planning Areas 17B & 18B of the Roripaugh Ranch Specific Plan to allow for three (3) unique detached single-family plans with three (3) architectural styles consisting of 62 lots. (COOPER) Temecula Village Phase II (PAs 20-0323, 20-0324, 20-0325, 20-0326): The City is processing a Development Plan for a 134 unit multi -family community built on 7.61 acres; a Tentative Tract Map (TTM 38043) to combine eight (8) existing contiguous parcels into a single parcel; a General Plan Amendment to amend the underlying General Plan Land Use designation of the project site from Professional Office (PO) to Medium Density Residential (M); a Planned Development Overlay Amendment for PDO-5, (Temecula Village). The City is working with a consultant to prepare a fiscal impact analysis and with an environmental consultant to prepare and environmental document. The project is located on the south side of Rancho California Road, approximately 150 feet west of Cosmic Drive. (COOPER) Paseo Del Sol Tentative Tract Map No. 36483 (PA14-0087): The City is processing a Tentative Tract Map (No. 36483) for 168 single-family homes and 11 open space lots located at the northwest corner of Temecula Parkway and Butterfield Stage Road. (COOPER) Solana Winchester (PA20-1371): The City is processing a Development Plan to allow for the construction of a 350-unit apartment community located within the Residential Overlay Area of Planning Area 12 of the Harveston Specific Plan at the terminus of Date Street approximately 900 feet south of Ynez Road. The City is working with a consultant to prepare a fiscal impact analysis. (COOPER) Sanborn/Jefferson Gas Station (PAs 21-0075, 21-0076): The City is processing a Development Plan and Conditional Use Permit for an approximately 10,000 square foot gas station consisting of 12 fueling pumps, convenience store, quick service restaurant, and multi -tenant retail building located at 41480 Sanborn Ave. (COOPER) Winchester Hills Development Agreement Amendment (PA21-0128): The City is processing a Second Amendment to the Development Agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company to rescind the First Amendment to the Development Agreement and reinstate the original term of the Development Agreement for the Winchester Property located within portions of Planning Area 12 of the Harveston Specific Plan. (COOPER) Remington Industrial Building (PA21-0384): The City is processing a Development Plan to construct an approximately 33,927 square foot industrial building located at on the southwest corner of Winchester Road and Remington Avenue. (COOPER) Ralph's Fueling Center (PA21-0449): The City is processing a Development Plan for a fuel station consisting of 18 fueling pumps that includes a 174 square foot kiosk located on the southwest corner of Wolf Store Road and Butterfield Stage Road. (COOPER) MS Mtn View Buildings 5, 6,10, & 11(PAs 21-0743, 21-0744, 21-0745, 21-0746): The City is processing Development Plans for four (4) industrial buildings as part of the MS Mtn View Industrial Park. The square footage of the buildings are 17, 503 sf, 19,366 sf, 19,769 sf, and 23,788 sf. And are located along Avenida Alvarado. (COOPER) LONG RANGE PLANNING Temporary Expanded Outdoor Dining and Retail in Old Town: As the State of California and Riverside County Public Health loosen restrictions related to the COVID 19 pandemic, City Council has directed staff to implement multiple programs (Temecula Revive) that accelerate local economic activity while maintaining compliance with all State or County mandates. Staff has developed the Temporary Expanded Dining/Retail program to assist businesses during these challenging times. On May 29, 2020, the City Council Old Town Steering Subcommittee received a presentation from staff regarding the proposed Temporary Expanded Dining/Retail program. Approximately 50 businesses have participated in the program throughout the City. Staff will be bringing the item forward to City Council on June 8, 2021 for further discussion. (RABIDOU, WATSON) Objective Design and Development Standards (LR18-1684): The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to update the Objective Design and Development Standards for multi -family and mixed -use residential developments, with the goal of expediting housing production, streamlining approval processes, and establishing the foundation for future regulations and housing laws. Staff is developing Objective Design Standards that will conform with SB 35, and will incorporate objective design guidelines into the City's Development Code. Staff has hired PlaceWorks, to assist with development of our design standards for multifamily and mixed use. On September 28, 2020, staff and Consultant presented six architectural styles to the PC Infill Subcommittee, consisting of Commissioners Watts and Turley-Trejo. The Subcommittee agreed with staff s six recommended styles. On October 13, 2020, staff and Consultant presented to the CC Infill Subcommittee consisting of Council Member Naggar and Rahn, the six recommended architecture styles. The Council Members agreed with staffs recommendation to move forward with detailing the styles for the Objective Design Standards. Early December, the consultant provided staff with a first draft of the ODS document. Staff reviewed and provided comments/edits. Currently, the consultant is working through staffs comments from the "Final Draft" review. We anticipate one final review by staff prior to taking the item to the Planning Commission and City Council meetings. (TOMA, RABIDOU) Permit Ready ADU Program (LR19-1464): The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to prepare, adopt, and implement a Permit Ready Accessory Dwelling Unit (ADU) program. The ADU program will encourage the construction of ADUs, offering property owners a selection of pre -approved ADU building plans that can be obtained at the community Development Department, free of charge. On September 16, 2020, the RFP closed on PlanetBids. The City received three detailed proposals from qualified consultants. After detailed review of all the proposals, staff selected checkerboardSTUDIOS Consultant Firm. On March 18, 2021, staff kicked off the project with the Consultant and staff from Planning, Building, Public Works, and Fire. This will be a joined effort between the internal departments and the consultant. Staff is working with the consultant on the first task (Phase 1: Schematic Design), staff has provided feedback of the Schematic Design taking into consideration the School District and DIF fees, and appropriate unit type and size. (TOMA, RABIDOU) Transportation Discovery and Existing Conditions Analysis (LR20-1071): The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to prepare an internal document for staff to identify potential transportation focused areas as part of Phase 2 of our General Plan Update process and timeline. The City has hired Fehr & Peers (F&P) to document existing transportation conditions in the City, provide benchmarking information on how transportation facilities, transportation use and policies compares to other peer agencies (through benchmarking) and will evaluate how much of the current Circulation Element has been implemented. Staff worked with F&P to identify methodology, thresholds, and mitigation to address VMT for CEQA evaluation, which the City Council adopted in May 2020. On February 22nd, Planning staff kicked off the project with F&P and Public Works. Currently, staff is working with F&P to compile data and have an internal meeting to discuss the data. (PETERS, TOMA) General Plan Annual Progress Report for 2020 (LR21-0389): State law (Government Code Section 65400 and 65700) mandates that all cities and counties submit an annual report on the status of the General Plan progress in its implementation to their legislative bodies, the Governor's Office of Planning and Research (OPR) and the Housing and Community Development (HCD) by April 1st of each year. The purpose of the General Plan Annual Progress Report (GP -APR) is to update the community, City Council, HCD and OPR on General Plan implementation progress. This report is also used as an aid to identify prospective changes, or updates that may be needed for the General Plan. Furthermore, the City has an adopted and certified Housing Element for the period of 2014 to 2021 and pursuant to Government Code Section 65400, is required to prepare and submit an Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD) and the Governor's Office of Planning and Research (OPR) Department. The APR includes information on the jurisdiction's progress in addressing the Regional Housing Needs Allocation (RHNA), including the number of housing units permitted by income level, number of units entitled, and the status of programs identified within the Housing Element. As required by law, the 2020 Housing Element Annual Progress Report will be submitted to HCD on April 1, 2021. The item will been placed on the City Council consent calendar as a receive and file for June 22, 2021. There are no penalties for resubmitting the annual progress report past the April 1st date if the City Council wishes to revise the report. (TOMA) Mobile Food Trucks (LR20-1472): On February 23, 2021, staff presented to the Economic Development Subcommittee members (ME/JS) on Mobile Food Trucks (MFT). This was a noticed meeting with one public comment in favor of MFT, read by Stuart Fisk. The intent of the meeting was to get the subcommittee's feedback on the potential for MFT to operate in the City. Staff presented the definition of MFTs, existing regulations, standards of operation to consider, and Pros & Cons list. The subcommittee advised staff to create a framework and come back to the committee for discussion. Staff is working on developing the framework. (TOMA) Waves to Wineries: Staff is working with the National Parks Service on the Waves to Wineries Trail Plan. The purpose of this plan is to unite Temecula Wine Country with the Pacific Coast by identifying a network of trails along the Santa Margarita River corridor. (PETERS) HOUSING Las Haciendas Affordable Housing Project: The City is processing a Development Plan for a 77-unit affordable multi -family housing community consisting of two residential buildings, a community building and tuck -under parking located at 28715 Las Haciendas. The City Council approved a Loan Agreement with Community Housing Works (CHW) for the use of affordable housing tax allocation bond proceeds on May 26, 2020. The developer held a virtual community workshop on July 28, 2020. The item was approved by the Planning Commission on October 7, 2020. CHW will apply for funding through the State in 2021. An amendment to the Loan Agreement was approved at the April 27, 2021 City Council meeting. A tax allocation application was forwarded to the state in March, 2021. The applicant has submitted Building Permits and Grading Permits. (RABIDOU, WATSON) Vine Creek Disposition and Development Agreement (DDA): City Council approved the DDA with Temecula Pacific Associates on June 25, 2019 for the development of 60 affordable units on City -owned property on Pujol Street. The developer is looking to secure financing from the State of California prior to construction. The City and developer will collaborate with the County of Riverside and the State Department of Housing and Community Development for additional funding opportunities through the Permanent Local Housing Allocation grant. A tax allocation application was forwarded to the state in March, 2021. (WATSON) Housing Element Update (LR18-1620 and LR17-1757): The City is working with De Novo Planning Group to update the 2021-29 Housing Element. De Novo will also assist with the RHNA process, community engagement, and CEQA. The current Housing Element was certified by the Department of Housing and Community Development (HCD) in 2013 and serves as the foundation for the update. The Housing Element is a required part of the City's General Plan and is a blueprint for meeting the housing needs of residents, at all economic levels, and addressing segments of the population with special needs. The City Council General Plan Ad Hoc Subcommittee, consisting of Mayor Pro Tem Edwards and Council Member Rahn, and the Planning Commission General Plan Ad Hoc Subcommittee, consisting of Commissioners Watts and Youmans, will serve as advisory bodies. Running concurrently with the Housing Element Update is the Regional Housing Needs Assessment (RHNA). The RHNA planning cycle is an eight -year cycle and covers October 2021 through October 2029. The Final RHNA allocation was issued in September 2020. Staff is working with the consultant to update data and write draft chapters. (RABIDOU, TOMA, PETERS) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Mortgage and Rental Assistance Program (MRAP): Pre -applications are open for the City of Temecula Mortgage and Rental Assistance Program (MRAP). This program will provide rental and mortgage assistance to those eligible recipients who were negatively impacted by COVID-19. The City's consultant is reviewing applications and preparing the first batch of applications for distribution of funds. (RABIDOU, WATSON) BUILDING & SAFETY Building and Safety statistics for May 2021 are highlighted in the following table. Building & Safety Statistics May 2021 Permits 461 New Single Family Units 61 New Commercial Building 6 Photavaltaic 115 Tenant Improvements 4 Non Construction C of 0 31 Number of Active Plan Checks 129 Number of New Plan Checks 58 Number of Finaled Permits 250 Inspections 2,310 Inspections Per Day 110.0 Inspections Per Person Per Day 27.5 Stops Per Month 904.E Visitors to Counter 707 New Construction Projects Currently in Plan Check • Truax Hotel (161,586 sf) • Parking Structure on 3rd Street (48,907 sf) • Town Square Market Place (two buildings at 43,640 sf each) • Generations at Linfield - memory care/assisted living (59 apartments and 32 condos) • Hotel (38,202 sf) on Jefferson and Winchester • Temecula Hyundai Service Building (5,753 sf) • Trinity Lutheran Church Preschool (9,530 sf) • Mountain View — 42589 Avenida Alvarado (14,530 sf) • Mountain View — 42601 Avenida Alvarado (15,895 sf) • Mountain View — 42433 Avenida Alvarado (15,629 sf) • Mountain View Bldg. 9, 42624 Avenida Alvarado (19,919 SF) • Mountain View Bldg. 4, 42613 Avenida Alvarado (33,654 SF) • Mountain View Bldg. 8, 42612 Avenida Alvarado (17,329 SF) Non -Construction Certificate of Occupancy • PodTronix, 42355 Rio Nedo (23,800 SF) • Rent A Center, 26451 Ynez Rd. #B (5,000 SF) • Rowhouse Temecula, 33195 Temecula Pky. #A3 (2,500 SF) Tenant Improvement • Epic Dog Academy — 42346 Rio Nedo (5,887 SF) • Mariposa Homemade Ice Cream — 29073 Overland Dr. (1,225 SF) CODE ENFORCEMENT During the month of May, Code Enforcement responded to 122 web inquiries. In addition, the division opened 174 code cases, conducted 315 inspections, and forwarded 31 referrals. Type of Code Case I May 2M Abandoned or Inoperable Vehicle 10 Vacant Home / Prop. Maintenance /Infestation/ Mold G Business or Home Occupation w/o license/CUP 11 Trash and Debris/ Dumping 20 Overgrown Vegetation / Weeds / Fire Hazard 19 Green Pool / Vector Control / Stagnant Water Graffiti 50 Noise/Nuisance/Animal Control Trailer/ RV Stored/Boat/Parking 8 Constructi6n w/o Permit/Building Code 13 Encroach Public ROW/Trash Cans 6 Zoning/signs Z Public Safety & Health 1 Total NumberofUses 1T4 Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties. Fore -closure Trackirig May 2021 Residential - Default 9 Residential - Foreclosure 20 Residential - REa 19 Total - Residential 48 Commercial - Default 0 Commercial - Foreclosure 1 Commercial - REG 4 Total - Commercial 5 ATTACHMENTS: Current Planning Activity Report PLANNING ACTIVITY REPORT Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant PA21-0641 31845 Temecula Pky 961-080-008 Jaime Cardenas 05/03/2021 Kyle Godat Temecula, CA 92592 Case Title / Description: VR Center Building F MOD: a modification application for a facade change to Building F and site changes including new outdoor dining patio area, new sidewalks, accessible parking and a trash enclosure for the Vail Ranch Center located at 31845 Temecula Parkway, Suite F. PA21-0648 i 916-400-064 Scott Cooper 05/04/2021 Michael Grant Case Title / Description: Lantern Crest TPM 38166: A Tentative Parcel Map (No. 38166) for Condominium Purposes to allow for phasing during the construction of the project on the 14.19 acre site located at the southeast corner of Date Street and Ynez Road. PA21-0651 27393 Ynez Rd 921-260-018 Jaime Cardenas 05/05/2021 Jessamine Temecula, CA 92591 Walker Case Title / Description: Brawnergy Massage & Bodywork: a new Massage Establishment Permit application for Brawnergy Massage & Bodywork located at 27393 Ynez Road. PA21-0668 28701 Ynez Rd 921-730-022 Eric Jones 05/11/2021 James Webb Temecula, CA 92591 Case Title / Description: Solar Light Pole installation (Planning Review Only): A Modification (Planning Review Only) to allow for the installation of 33 new solar light standards at an existing automotive dealership located at 28701 Ynez Road. PA21-0678 43500 Ridge Park Dr 940-310-030 Jaime Cardenas 05/12/2021 05/27/2021 Chyna Gudgel Temecula, CA 92590 Case Title / Description: T-Mobile Rooftop Wireless MOD: a modification application to remove and replace wireless equipment and add three (3) new antennas, one (1) battery cabinet enclosure, and other miscellaneous wireless equipment to the existing building's rooftop wireless facility for T-Mobile located at 43500 Ridge Park Drive. PA21-0680 31045 Temecula Pky 961-410-029 Eric Jones 05/12/2021 Anthony Lum Jr. Temecula, CA 92592 Case Title / Description: Pizza Factory Minor Modification: A Modification application to allow revisions to an existing commercial structure consisting of a patio expansion and replacement of windows with doors. The project is located at 31045 Temecula Parkway. Company Owner Plan Type Status GALILEO VAIL PL Modifications Corrections RANCH LP Harveston SAB PL Maps Plan Review South Heritage PL Massage Plan Review Partners Permits M&M GOSCH PL Modifications Out M & A PL Wireless Approved Antenna Facility Meenakshi PL Modifications Plan Review Kovil Inc Page 1 of 4 PA21-0682 29489 Via Las Colinas 944-290-023 Jaime Cardenas 05/13/2021 Naomi Ngoka Temecula, CA 92592 Case Title / Description: Summer Breeze Apartments ZL: a zoning verification letter for Summer Breeze Apartments located at 29489 Via Las Colinas (APN 944-290-023). PA21-0683 29379 Rancho California Rd 944-290-004 Jaime Cardenas 05/13/2021 Alannah Temecula, CA 92592 Tromczynski Case Title / Description: The Shakti Shack 11:11 MEP: an exempt massage establishment permit occupying a room within Becky Halley Aesthetics located at 29379 Rancho California Road. PA21-0685 29500 Mira Loma Dr 944-060-005 Jaime Cardenas 05/13/2021 Naomi Ngoka Temecula, CA 92592 Case Title / Description: Vintage View Apartments ZL: a zoning verification letter for Vintage View Apartments located at 29500 Mira Loma Drive (944-060-005). PA21-0719 31789 Temecula Pky 961-080-021 Jaime Cardenas 05/24/2021 Richard Brett Temecula, CA 92592 Case Title / Description: Kahoots Facade MOD: a Modification Application for a proposed facade change to the existing suites for the Future Kahoots Feed and Pet store at 31789 Temecula Parkway. PA21-0721 41923 2Nd St 922-043-027 Jaime Cardenas 05/24/2021 05/27/2021 Rhonda Cain Temecula, CA 92590 Case Title / Description: Truax Building ZL: a zoning verification letter for the property located at 41923 2nd Street (APN 922-043-027). PA21-0725 31300 Rancho Community 959-060-020 Jaime Cardenas 05/25/2021 Way Temecula, CA 92592 Case Title / Description: ABC Tree Farms: a Temporary Use Permit to allow for the Christmas tree sales from November 1 through December 24, 2021 at 31300 Rancho Community Way. PA21-0726 27489 Ynez Rd 921-260-025 Jaime Cardenas 05/25/2021 Temecula, CA 92591 Case Title / Description: Bank of America Exterior MOD: a modification application for a facade to the alter the exterior building paint and materials to the existing Bank of America located at 27489 Ynez Road. PA21-0729 39584 Winchester Rd 920-100-038 Eric Jones 05/25/2021 Temecula, CA 92591 Case Title / Description: Commons at Temecula Minor Modification (Planning Review Only): A Minor Modification application to replace existing parking lot trees with a different species. The project is located at 39584 Winchester Road. SUMMER PL Zoning or Plan Review BREEZE DEV Planning Letter GARY PL Massage Plan Review MCMILLAN Permits Vintage View PL Zoning or Plan Review Development Planning Letter New Plan Excel PL Modifications Plan Review Realty Trust Inc. JIM MENDOZA PL Zoning or Completed Planning Letter Karin RANCHO PL Temporary Plan Review Raubenheimer COMMUNITY Use Permit REFORMED CHURCH Judy Yam Bank of PL Modifications Plan Review America robert curley LIPT PL Modifications Plan Review WINCHESTER ROADINC Page 2 of 4 PA21-0737 27901 Jefferson Ave 921-050-003 Jaime Cardenas 05/26/2021 Temecula. CA 92590 Case Title / Description: Hendo's Fight Night 6: a Temporary Use Permit to allow the 5th annual fight night at Hendo's Gym located at 27901 Jefferson Avenue on June 26, 2021 from 6:OOPM through 10:30PM. PA21-0742 27515 Jefferson Ave 909-240-015 Jaime Cardenas 05/27/2021 Chunjing Wang Temecula, CA 92590 Case Title / Description: Paradise Foot Massage MEP: a Massage Establishment Permit renewal for Paradise Foot Massage located at 27515 Jefferson Avenue. PA21-0743 42625 Avenida Alvarado 909-290-008 Scott Cooper 05/27/2021 Mario Calvillo Temecula, CA 92590 Case Title / Description: MS Mountain View - Bldg 5 DP: Development Plan for the construction of an approximately 23,788 square foot industrial building located on the south side of Avenida Alvarado approximately 1,200 feet west of Terra Alta Way (APN: 909-290-008) PA21-0744 42637 Avenida Alvarado 909-290-009 Scott Cooper 05/27/2021 Mario Calvillo Temecula. CA 92590 Case Title / Description: MS Mountain View - Bldg 6 DP: Development Plan for the construction of an approximately 19,769 square foot industrial building located on the south side of Avenida Alvarado approximately 1,400 feet west of Terra Alta Way (APN: 909-290-009) PA21-0745 42636 Avenida Alvarado 909-290-054 Scott Cooper 05/27/2021 Mario Calvillo Temecula, CA 92590 Case Title / Description: MS Mountain View - Bldg 10 DP: Development Plan for the construction of an approximately 19,336 square foot industrial building located on the north side of Avenida Alvarado approximately 1,250 feet west of Terra Alta Way (APN: 909-290-054) PA21-0746 42648 Avenida Alvarado 909-290-053 Scott Cooper 05/27/2021 Mario Calvillo Temecula. CA 92590 Case Title / Description: MS Mountain View - Bldg 11 DP: Development Plan for the construction of an approximately 17,503 square foot industrial building located on the north side of Avenida Alvarado approximately 1,430 feet west of Terra Alta Way (APN: 909-290-053) PA21-0747 29121 Overland Dr 921-680-036 Jaime Cardenas 05/27/2021 05/27/2021 Lars Andersson Temecula, CA 92591 Case Title / Description: 29121 Overland Building Division MOD: a modification application to create two new doors in association with the subdivision of Building A in the Margarita Crossings commercial center locates at 29121 Overland Drive. Dan Henderson PL Temporary Plan Review Use Permit Hilbert Group PL Massage Plan Review Permits RidgeView PL Development Plan Review Business Park Plan Dev RidgeView PL Development Plan Review Business Park Plan Dev RidgeView PL Development Plan Review Business Park Plan Dev RidgeView PL Development Plan Review Business Park Plan Dev SDCCU PL Modifications Approved Page 3 of 4 PA21-0748 27393 Ynez Rd 921-260-018 Jaime Cardenas 05/27/2021 Shari Brewster Heritage PL Massage Plan Review Temecula, CA 92591 Partners Permits Case Title / Description: Amethyst Healing Touch Massage Studio MEP: a massage establishment permit renewal for Amethyst Healing Touch Massage Studio located at 27393 Ynez Road, Suite 261. PA21-0750 41280 Placer Lafite 953-390-002 Jaime Cardenas 05/27/2021 06/03/2021 Justin Garcia Temecula, CA 92591 Case Title / Description: T-Mobile Rancho Water Tower Wireless MOD: a wireless modification application for T-Mobile to expand the existing monopine tree from 9 antennas to 12 and other equipment upgrades at 41280 Placer Lafite. PREAPP21- 27378 Jefferson Ave 910-282-001 Eric Jones 05/11/2021 05/27/2021 Clarence Vong 0670 Temecula, CA 92590 Case Title / Description: Temecula Express Car Wash Pre -Application: A Pre -Application to allow for the review of a car wash located at 27378 Jefferson Avenue. PREAPP21- L 955-020-012 Scott Cooper 05/13/2021 Matthew Blain The New Home 0686 Company LLC Case Title / Description: Linfield Residential Pre-App: A Pre -Application for a 166 unit single family residential community located within Linfield Christian School Planned Development Overlay PREAPP21- 31670 Rancho California Rd 953-090-028 Eric Jones 05/25/2021 Leonard Urquiza 0730 Temecula, CA 92591 Case Title / Description: Tentative Tract Map Pre -Application: A Pre -Application to review proposed 12 lot subdivision generally located 1,600 feet west of the Rancho California and Butterfield Stage Road intersection. PREAPP21- 40680 Winchester Rd 910-420-029 Eric Jones 05/25/2021 Amelia Beltran 0731 Temecula, CA 92591 Case Title / Description: So Cal Auto Style Pre -Application: A Pre -Application to review a proposed lot sub -division generally located within the Temecula Reginal Center complex (former Sears Auto Center). PREAPP21- 28781 Old Town Front St 922-100-040 Eric Jones 05/26/2021 0741 Temecula, CA 92590 Case Title / Description: Warehouse on Front: a proposed tenant improvement to the existing vacant suite at the south end of the First & Front building for a proposed cafe, bar, live entertainment and special events performance space at 28721 Old Town Front Street. PREAPP21- L 922-190-033 Scott Cooper 05/27/2021 Hanif Daud 0751 Case Title / Description: Tern Neighborhood Retail Center Pre-App: A Pre -Application for an approximately 4,620 square foot retail center located on the north side of Temecula Parkway approximately 800 feet east of La Paz St. Rancho PL Wireless Approved California Antenna Facility Water District Rancho Car PL Pre- Completed Wash Application PL Pre - Application LANXING PL Pre - INVESTMENT LLC Application Seritage RICHARD GABRIEL PL Pre - Application PL Pre - Application PL Pre - Application Plan Review Plan Review Plan Review Plan Review Plan Review Page 4 of 4 Item No. 17 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Crater, Division Chief DATE: June 22, 2021 SUBJECT: Fire Department Monthly Report PREPARED BY: RECOMMENDATION: Report. Wendy Miller, Administrative Assistant That the City Council receive and file the Fire Department Monthly 4.. City of Temecula Fire Department Temecula Fire Department Service Calls May 2021 of TEA14 � Commercial Fire False Alarms -. Haz Mat Medical 1989 '114%0'vslNEW Multi-Fam p4' Other Fire star ' Other Misc Public Assist Residential Fire Rescue tiogRR law v Ringing Alarm Standby Traffic Collision WildlandNehicle Fire Total • 55lip 3 • a •• 558 ro .• r •. •,� �.. •�•_ C •• . • � • : sae'. �.va �' 3 r „....: . BA V'ALLI- 39 + - fin' a v�T? • 9 • ' ' •• - • rp'+v �}I � �'yf��`�� %i , � • • psi• r �b • • ••• • • .1'T� / 7 W v • • • • • • 3 r 1- ' • • •• •j • • .fir n 4i• r.e .. • T� ,. � r • • ,�... 5- ma. , 58 - - -� 6 744 AARA R[C City of Temecula Fire Department ti`t� Of T EAftC61 G -r 01, 19894P NEW OVVO 4.; Temecula Fire Department Plan Review and Inspections May 2021., Plan Review and Inspections May Year to Date Plan Review 398 1883 Construction Inspections 432 1589 Annual Inspections 645 3098 Counter/Public Inquiries 10 22 City of Temecula Fire Department With the upcoming 4tn of July Holiday, the City of Temecula Fire Department would like to remind you Item No. 18 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Zachary Hall, Chief of Police DATE: June 22, 2021 SUBJECT: Temecula Sheriff's Monthly Report (May 2021) PREPARED BY: Steve DaSilva, Lieutenant RECOMMENDATION: Receive and file. The following report reflects the activity of the Temecula Sheriff's Department for the month of May 2021. PATROL SERVICES Overall calls for police service 6,667 "Priority One" calls for service 53 Average response time for "Priority One" calls 5.53 VOLUNTEERS Chaplain 10 Community Action Patrol (CAP) hours 673 Reserve officer hours (patrol) 23 Explorer 88 Station/Administration 36 Total Volunteer hours 830 OLD TOWN STOREFRONT Total customers served 279 Fingerprints/Live Scans 102 Police reports filed 6 Citations signed off 18 Total receipts $3,580 CRIME PREVENTION Crime prevention/Neighborhood watch meetings 2 Safety presentations/Training 1 Special events l Residential/Business security surveys conducted 0 Residences/Businesses visited for past crime follow-up 0 Station Tours 0 Planning Review Projects 3 Temp Outdoor Use Permits 3 SPECIAL TEAMS (HOMELESS OUTREACH TEAM) On sight felony arrests 1 On sight misdemeanor arrests 28 Felony arrest warrants served 5 Misdemeanor arrest warrants served 81 Area Checks 112 Camp Checks 132 Pedestrian Checks 83 Traffic StopsNehicle Checks... 26 Outreach attempts / Success... 6/1 SPECIAL TEAMS (Special Enforcement Team) On sight felony arrests 7 On sight misdemeanor arrests 21 Felony arrest warrants served 11 Misdemeanor arrest warrants served 24 Follow-up investigations / search warrants 10 Parole/Probation Searches 0 Pedestrian Checks 0 Traffic StopsNehicle Checks... 10 Marijuana Dispensary Checks 0 SPECIAL TEAMS (Metro District Team) On sight felony arrests 6 On sight misdemeanor arrests 56 Felony arrest warrants served 6 Misdemeanor arrest warrants served 22 Bar checks 60 Business checks 14 D.U.I. Arrests... 16 Traffic/Parking citations... 306 TRAFFIC Citations issued for hazardous violations 846 Non -hazardous citations 212 Parking citations 193 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 33 Seatbelts 12 Cell Phone Cites 83 Injury collisions 26 D.U.I. Arrests 47 Grant funded D.U.I. Traffic safety checkpoints / Saturation enforcement 4 Grant funded traffic click it or ticket 0 INVESTIGATIONS Beginning Caseload 156 Total Cases Assigned 43 Total Cases Closed 47 Search Warrants prepared/served 22 Arrests 4 Out of Custody Filings 9 1' ; i7ulil12I:�7ilu/:vilil m.30-1 Calls for service 76 Felony arrest/filings 0 Misdemeanor arrest/filings 6 Traffic Citations 5 Total customers served 303 Fingerprints/Live Scans 194 Total receipts $5,058 SCHOOL RESOURCE OFFICERS Felony arrests 1 Misdemeanor arrests 1 Reports 13 Citations 8 Meetings/Presentations 142 Incident summaries: Calls for Service: Officers responded to 6,667 calls for service in May 2021. Below is a snapshot of those calls. This is not a comprehensive list. Please be mindful these calls can range from several minutes to several hours, to investigate at the patrol level. Many of these investigations are forwarded to the Detective Bureau for even further investigation and follow-up. Call Type Number of Calls Call Type Number of Calls Arson 1 Hazard 3 Assault with a Deadly Weapon 1 Homeless Outreach 3 Battery (Fights) 46 Illegal Dumping Burglary -Commercial 33 Indecent Exposure 3 Burglary -Residential 11 Juvenile -incorrigible 15 Burglary -Vehicle 27 Juvenile -Run Away 22 Child Abuse 11 Juvenile -Located 5 Domestic Violence Abuse 15 Juvenile -Medical Aid 7 Fraud 43 K9 Uses 12 Homicide Keep the Peace 27 Rape 2 Mail Theft 7 Robbery 2 Marijuana Cultivation Theft- PettyUnder $950 77 Mentally Disturbed Person 5150 46 Theft -Grand (over $950) 41 Missing Adult or Child 11 Narcotics Violations 104 Person Down 23 Alarm -Audible 320 Prowler 6 Alarm -Robbery 0 Receiving Stolen Property Alarm -Silent 18 Restraining Order Violation 8 Animal Cruelty 12 Sex Offender Registrants Annoying Phone Calls 30 Sexual Battery 1 Area Checks 826 Shooting at a Dwelling 14 Assist Other Department 119 Stolen Vehicle 35 Brandishing a Firearm 1 Stolen Vehicle Recovery 12 Check the Welfare 100 Suicide threat 15 Child Stealing 20 Suspicious Person 139 Criminal Threats 2 Suspicious Vehicle 66 Disoriented Subject 6 Trespassing 123 Disturbing the Peace 330 Unattended Death 9 Drunk in Public 60 Vandalism 42 Extra Patrol Requests 5 Vehicle Embezzlement 11 Fireworks 11 Vicious Dog 3 Follow -Up Investigations/Patrol 260 Warrant Service 262 911 Calls 655 Item No. 19 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 22, 2021 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the Public Works Department Monthly Report for Capital Improvement Projects, Maintenance Projects, and Land Development Projects. This report may also be viewed on the City's website at: http://temeculaca.gov/270/Cqpital-Improvement-Projects-CIP City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT June 22, 2021 CAPITAL IMPROVEMENT PROJECTS CIRCULATION PROJECTS Cherry Street Extension & Murrieta Creek Low -Flow Crossing, PW19-15 Description: Preliminary design of the Extension of Cherry Street from Adams Avenue to Diaz Road, including a new low -flow crossing of Murrieta Creek. Cost: $2,387,000 Status: In design until March 2022. Design and environmental are expected to last 24 months. Diaz Road Expansion, PW17-25 Description Improve Diaz Road to meet the roadway classification of Major Arterial (4 Lanes Divided), between Cherry Street and Rancho California Road. The 2.2-mile stretch will be widened, extended, and/or improved to create a contiguous Major Arterial segment. The project will be developed and constructed in two phases. Phase 1 will include improvements on Diaz Road from Winchester Road to Rancho California Road. Phase 2 will include improvements on Diaz Road from Cherry Street to Winchester Road. Cost: $11,457,436 Status: Phase 1 design and Phase 1 & 2 environmental studies November 2019 — March 2022. Current activities include consultant preparation of 60% plans, and several engineering and environmental studies. French Valley Parkway/Interstate 15 Improvements- Phase II, PW16-01 Description: Design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road interchange on -ramps and ending just north of the Interstate 15/Interstate 215 junction with connection to Interstate 15 and Interstate 215. Cost: $137,356,246 Status: Currently in design. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT June 22, 2021 CIRCULATION PROJECTS (Continued) 1-15 Congestion Relief, PW19-02 Description Design and construction of a single auxiliary lane, northbound Interstate 15 connecting the Temecula Parkway on -ramp to the Rancho California Road off -ramp. Cost: $8,382,225 Status: Design and environmental studies November 2019 — March 2022. Current activities include roadway design, structures design, noise study report, drainage studies, air quality conformity determination, design standard decision document, historical resources compliance report, and archaeological survey report. Interstate-15 / State Route 79 South Ultimate Interchange, PW04-08 Description Construction of ramp system that will improve access to Interstate 15 from Temecula Parkway / State Route 79 South. Cost: $52,025,657 Status: Construction of the project has been accepted as complete by the City and Caltrans. Per a 3-year Landscape Maintenance Agreement with Caltrans, the City will maintain the interchange site from June 30, 2020 through June 30, 2023. The City is working with Caltrans on the relinquishment of the interchange right-of-way to the State inventory. Murrieta Creek Bridge at Overland Drive, PW16-05 Description: Design and construction of a new bridge crossing over Murrieta Creek between Rancho California Road and Winchester Road. Cost: $14,307,394 Status: The City applied and was approved to receive Federal Highway Bridge Program (HBP) funds. City Council approved the design agreement with CNS Engineers Inc. at the March 12, 2019 meeting. Preliminary Environmental Study (PES) approved by Caltrans on August 15, 2019. Plans are 30% complete. RCA provided comments to the JPR application on 7/30/2020. NEPA approval is anticipated in June/July of 2021, Caltrans review time has been longer than anticipated. Biological monitoring in Temecula Creek for potential mitigation site is underway and expected to be complete in July 2021. CEQA is pending results of Temecula Creek monitoring and review by RCA. Staff continues to work with Caltrans to advance HBP Grant Funds to earlier fiscal years. Caltrans HBP Program management has proposed reducing the curb to curb width of the bridge that is considered "participating" for grant funding purposes. Staff will address this with Caltrans HBP Program as the bridge width is the same as original approved grant application. 6 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT June 22, 2021 CIRCULATION PROJECTS (Continued) Overland Drive Widening, PW 20-11 Description This project includes widening Overland Drive from Jefferson Avenue to Commerce Center Drive, to two lanes in each direction, and the completion of missing segments of sidewalk, streetlights and installation of the traffic signal at Commerce Center Drive and the modification of the traffic signal at Jefferson Avenue. Cost: $1,340,400 Status: Design is at 60%. Pavement Rehabilitation Program — Ynez Road (Winchester to Date), Equity Drive, County Center Drive Loop, and Winchester Road (Nicolas to Easterly City Limits), PW18-01 Description: Rehabilitation of Ynez Road from Winchester Road to Date Street, Equity Drive and County Center Drive loop, and Winchester Road from Nicolas Road to easterly City Limits. Cost: $1,105,000 Status: Currently in construction, April to August 2021. Pavement Rehabilitation Program — West Side Business Park Area, PW19-17 Description: Rehabilitation of Zevo Drive, Rio Nedo Road, Avenida Alvarado, Via Dos Picos, Business Park Drive, Del Rio Road, Calle Cortez, Las Haciendas Street, Enterprise Circle North, and Via Montezuma from Murrieta Creek to Jefferson Avenue. Cost: $1,900,000 Status: Currently in construction, March to August 2021. Pavement Rehabilitation Program — Butterfield Stage Road and Pauba Road, PW19-08 Description: Rehabilitation of Butterfield Stage Road, south of Rancho California Road to De Portola Road and Pauba Road, from Margarita Road to Butterfield Stage Road. Cost: $4,320,000 Status: City Council is to award the contract in July 2021. Construction is anticipated in Summer 2021. 3 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT June 22, 2021 CIRCULATION PROJECTS (Continued) Traffic Signal Installation — Citywide, Rancho California Road and Tee Drive, PW19-19 Description: This project includes the installation of a traffic signal on Rancho California Road at Tee Drive. Cost: $346,646.50 Status: Project is currently in design. Traffic Signal and Park & Ride Access Improvements, PW18-11 Description: This project includes the installation of a traffic signal on Temecula Parkway at Wabash Lane. The project also includes relocating the access of the Park and Ride facility on Temecula Parkway at La Paz Road from Vallejo Avenue to Wabash Lane. Cost: $1,347,674 Status: City Council awarded the construction contract at the meeting on05/25/2021. Construction will begin in June 2021. 4 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT June 22, 2021 INFRASTRUCTURE PROJECTS Citywide — Concrete Repairs, PW20-10 Description: Remove and replace concrete improvements including, but not limited to curb & gutter, sidewalk, ADA access ramp, commercial drive approach, cross gutter, and curb outlet top of structure. Cost: $157,789 Status: Construction contract awarded to IE Engineering. Construction started on March 22, 2021. Project is under construction. Contract is for 60 working days. Community Recreation Center (CRC) Renovations, PW19-07 Description: The project facilitates the rehabilitation, improvement, and reconfiguration of the Community Recreation Center. This project includes expansion and reconfiguration of teen center; conversion of office space to accommodate a dedicated police substation; renovation of key components of the building including safety features, flooring, roof, and restroom facility access; ADA compliance; renovation and expansion of existing office space and rec rooms including AV upgrades; expanded storage space and upgraded kitchen equipment. Cost: $5,000,000 Status: Phase 1 needs design initiated. Interstate 15 / State Route 79 South Interchange Enhanced Landscaping, PW17-19 Description: Landscape beautification of the Interstate 15 corridor between French Valley Parkway and Temecula Parkway, including each interchange, in association with Visit Temecula Valley and the Pechanga Tribe. This project includes the design and construction of enhanced landscaping, hardscape, irrigation, and transportation art between the freeway and ramps on the west side of the Interstate 15 / State Route 79S (Temecula Parkway) interchange. Cost: $3,533,483 Status: Design and environmental studies August 2019 — December 2021. Environmental revalidation completed October 2020. Current activities include 90% design plans, design of new power and irrigation water service, Design Engineering Evaluation Report, Project Specific Maintenance Agreement, Landscape Maintenance Agreement, Transportation Art / Community ID Proposal, and Copyright and Waiver of Moral Rights in Artwork. 5 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT June 22, 2021 INFRASTRUCTURE PROJECTS (Continued) Margarita Recreation Center, PW17-21 Description: Demolition and Reconstruction of New Margarita Recreation Center Building and Pool Cost: $10,656,507.91 Status: RFP responses were received on August 27, 2020. The project was re -advertised on November 25, 2020 to account for increased project budget and proposals were received on December 23, 2020. The Design - Build Contract was awarded at the March 9, 2021 City Council Meeting to De La Secura Builders, Inc., for a Guaranteed Maximum Price of $8,680,459.00. Design phase is underway. The first design development submittal is expected early June 2021. It is anticipated building construction will be complete in December of 2022 with a grand opening in early 2023. Mary Phillips Senior Center Enhancement and Renovation, PW20-13 Description: The project includes the enhancement and renovation of the Mary Phillips Senior Center. Work includes new exterior siding, painting, replacement of perimeter soffits, fascia boards, eaves, and select doors & windows. Cost: $430,000 Status: Project design initiated. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect, PW08-04 Description: Design, environmental document, and construction of the extension of the existing trail from Ynez Road to the Murrieta Creek Trail. The extension includes access and under -crossing at Ynez Road, Interstate 15 and Jefferson Avenue and a continuous paved trail along Santa Gertrudis Creek to connect to Murrieta Creek trail. Cost: $6,288,595 Status: The California Transportation Commission (CTC) has approved $3,759,000 State SB1 Alternative Transportation Program (ATP) Augmentation funds for this project. The Notice to Proceed with construction has been issued to the contractor with a work start date of April 19, 2021. Groundbreaking event occurred on May 4, 2021. Completion is scheduled for October 2021. 11 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT June 22, 2021 INFRASTRUCTURE PROJECTS (Continued) Santa Gertrudis Creek Phase II — Margarita Under -Crossing, PW19-04 Description: Design, environmental document, and construction of the undercrossing in Santa Gertrudis Creek at Margarita Road to connect to the pedestrian/bicycle trail. The under -crossing at Margarita Road will provide a continuous paved trail along Santa Gertrudis Creek at this location. Cost: $2,716,764 Status: The project is in design. 100% PSE expected November 2021. Sidewalks — Citywide (Ynez Road, Rancho Highland to Tierra Vista Road), PW17-28 Description: New sidewalks on the west side of Ynez Road from Rancho Highland to Tierra Vista Road. Cost: $198,920 Status: Project is currently in design. Sidewalks — DLR Drive, PW19-18 Description: New sidewalks on the north and west side of DLR Drive. Cost: $442,077 Status: Project is currently in design. Sidewalks — Citywide (Pauba Road, Elinda Road to Showalter Road), PW 19-20 Description: New sidewalks and street widening on the South side of Pauba Road from Elinda Road to Showalter Road. Cost: $467,403 Status: Project is currently in design. 7 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT June 22, 2021 INFRASTRUCTURE PROJECTS (Continued) Sidewalks - Old Town Improvements (Fifth Street from Front Street to Murrieta Creek), PW17-02 Description: Curb and sidewalk improvements on the north side Fifth Street, between Front Street and Murrieta Creek. Improvements include grind/overlay of entire street, tree grates, bollards, street lights. Cost: To be determined Status: Project is in design. Authorization to Bid was received at the June 8, 2021 City Council meeting. !- City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT June 22, 2021 PARKS AND RECREATION PROJECTS Flood Control Channel Reconstruction and Repair, PW11-10 Description: This project repairs and reinforces the earth and berms between Pala Park and Temecula Creek and fortifies the banks to prevent further erosion into the park site. Cost: $1,280,284 Status: Preparation of the environmental document is underway. Geotechnical investigation for design alternatives performed in mid -August 2019. Geotechnical report received October 1, 2019. Redesign started in February of 2020. CEQA IS/MND 30 day public review period ended on May 27. Plans are 90% complete. CEQA approval and authorization to bid is anticipated in July 2021. Construction is expected to begin in September 2021. Park Restroom Renovations, Expansion and Americans with Disabilities Act (ADA), PW17-06 Description: Renovation of various park site restroom facilities, including Ronald Reagan Sports Park North/South Ball Field (new roof, cabinets, fixtures, and other building improvements), Butterfield Stage Park and Vail Ranch Park. Cost: $1,127,800 Status: Project is currently in design. Playground Equipment Enhancement and Safety Surfacing Description: Re -design, enhancement of playground equipment, and safety surfacing to comply with current state and federal regulations and enhance the quality of the parks. Cost: $5,157,649 Status: Playground renovations & replacements projects for FY20/21 are completed. FY 21/22 projects are being designed. pi City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT June 22, 2021 PARKS AND RECREATION PROJECTS (Continued) Ronald Reagan Sports Park Restroom Expansion and Renovation, PW18-03 Description: Design and construction of the restroom building expansion, including adding stalls and urinals. It also includes renovating the snack bar, and enlarging the storage case. Cost: $1,120,000 Status: Project is currently in design. Construction is anticipated in Summer 2021. Sports Court Resurfacing Description: Repairs and resurfacing of sport court surfacing at various parks and facilities. This includes tennis courts, basketball courts, and hockey rinks at various parks. Cost: $50,000 Status: Court re -surfacing completed in January at Margarita Community Park hockey rink. Project cost $13,900. Sports Field Lighting — Light Emitting Diode (LED) Conversion Description: Replacement of aging sports field lighting components with new LED technology at various sports parks. Cost: $222,546.70 Status: Musco LED retrofit lighting for Ronald Reagan Sports Park Upper Soccer Fields installation scheduled for November 2020. Project cost $136,260.00. Currently seeking proposals for LED retrofit installation at tennis/pickleball courts and hockey rinks. 10 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT June 22, 2021 LAND DEVELOPMENT OVERSIGHT PROJECTS Hilton Garden Inn Description: Grading plan to allow for the construction of an approximately 66,991 square foot, three-story, 104 room Hilton Garden Inn Hotel with underground parking and additional off -site parking located approximately north of Rancho California Road on the east side of Jefferson Avenue. Status: Permit issued October 4, 2019. Ongoing review of project by the Land Development division. Rancho Soleo (Pechanga Parkway and Loma Linda Road) Description: Grading plan to allow for the final map and construction of a 245-unit multi -family development. Status: Permit issued October 16, 2018. Ongoing review and inspections of project by the Land Development division. Project is being phased at this time. Construction of Friendship Park (formerly known as Pala Park) has begun as of January 11, 2021. It is anticipated the development will reach 25% occupancy by Spring of 2021. Sommers Bend (formerly Roripaugh Ranch) Description: Land Development oversight of the following submittals in plan check: Final Map reviews, Community Sports Park Improvement Plan, Sommers Bend — Rough Grading Plan; Street Improvement Plan; Storm Drain Improvement Plan; Street Light Plan; Signing & Striping Plan. Status: Grading Permit issued September 27, 2018. The Loop Road (Sommers Bend) is completely paved with streetlights installed. The Community Sports Park has kicked off construction in June 2020. Models in three tracts are under construction. The Sommers Bend recreation center is also under construction. Ongoing review and inspections of project by the Land Development division. Models are open. Production homes are under construction. 11 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT June 22, 2021 LAND DEVELOPMENT OVERSIGHT PROJECTS (Continued) Staybridge Suites Description: Grading plan to allow for an approximately 90,832 square foot, 4-story, 125-room Staybridge Suites hotel located at 27500 Jefferson Avenue. Status: Permit issued March 11, 2019. Ongoing review and inspections of project by the Land Development division. Temecula Village Description: Grading plan to allow for the construction of a 160-unit apartment community located on the south side of Rancho California Road, west of Cosmic Drive. Status: Permit issued June 27, 2019. Ongoing review and inspections of project by the Land Development division. Traffic signal has been installed at Via Portofino. 12 REQUESTS TO SPEAK AND ELECTRONIC COMMENTS SUBMITTED FOR THE RECORD G�j REQUEST TO SPEAK CITY OF TEMECULA Date: I wish to sp on: Public Comment Circle One: CITY COUNCIL I CSD11/ SARDA / THA / TPFA � �GG aea Subject: - � 7�'7 r✓ G rt- ❑ Agenda Item No. For ❑ Against ❑ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk Prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. // 1 , � Name: Address: Email address: If you are representing an organization or group, please give the name: Number: ?, S note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish speak on: w Public Comment Circle One: ic Subject Agenda Item No. REQUEST TO SPEAK CITY OF TEMECULA Date: Ll of o1 /CSD/SARDA/THA/TPFA For ❑ Against ❑ Request to Speak forms for Public Comments or Items listed on the Consent Calendar may be submitted to the City Clerk ro for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. c/ Address: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA IVX4 Date: 6Z2 I wish to speak on: IC7r PublicComment Circle One: CITY COUNCIL / CSD / SAARRlD�A / THA / TPFA Subject: T�p�o-1 ❑ Agenda Item No. For ❑ Against ❑ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business Items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: G->��-L�r`h--��-.+L Phone Number: Z - -4k4Q' LR �l�S22 Email address: (V"` - '?-\'r If representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 9 REQUEST TO SPEAK CITY OF TEMECULA Date: a' o�61 I wish to ishto speak on: h!I Public Comment Circle One: CITY COUNCIL I CSD / SARDA / THA / TPFA Subject: NOI �15'00 Agenda Item No. For ❑ Against ❑ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: L.AP�J-f' ^ Phone Number: Address: /- Email address: If you are representing an organization or group, please give the name Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA vx, Date: I wish to speak on: 1 Public Comment Circle One: CITY COUNCIL / CSD / SARDA / THA / TPFA Subject: ❑ Agenda Item No. For ❑ Against ❑ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk ro for to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: Address: Email address: If you are representing an organization or group, please give the name: Phone Number: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. From: Randi Johl Sent: Wednesday, June 23, 2021 8:06 AM To: Erika Ramirez Subject: FW: Public comment to be heard 14 Verified City Account Randi Johl, JD, MMC Legislative Director I City Clerk randi.iohlfdtemeculaca.aov 4110�00/Main St, Temecula, CA 92590 cal"M Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Private Woman < Sent: Tuesday, June 22, 20216:37 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Public comment to be heard CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you for reading this during tonight's meeting. Understand We the People elected you to uphold your Constitutional Oath to Represent us. We need 100%transparency in the spending of the covid funds. Governors do not make laws and our constitution is the law of our land. We know orders and mandates are only for Federal and State Employees which you are, and We the People are not. Removing our rights to breathe oxygen and attempting to force us to wear a suffocation device and breathe our detox gas has YOU practicing medicine without a license. Under no circumstance will we allow any sort of vaccine passport or anything of the sort. We are being peaceful about this, and we are giving you a chance to fix your mistakes. We can not be peaceful much longer. We are ready to we you uphold your oaths and help protect us all from enemies both foreign and domestic. Thank you, Good Citizen Sent from Yahoo Mail for iPhone