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091410 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951)694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE SEPTEMBER 14, 2010— 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 iP.M. Closed Session of the City Council/Temecula Redevelopment Agency pursuant to Government Code Sectionr •. 1) Conference with.City Attorney pursuant to Government Code Section'54956.9(a) with respect to one matter of pending litigation to which the City is a defendant:. The title.of the.litigation.is In the Matter of the,Application of SOUTHERN :CALIFORNIA EDISON COMPANY (U338E) for.a;Permit to Construct Electrical • • Facilities With Voltages Between 50kV and 200k: Triton Substation-Project With respect to such matter,,the City Council will also meet pursuant to Government. Code.Section 54956.9(c)to decide whether to initiate litigation.-. .' 2) Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential.litigation.With respect to such matter, the City:Attorney has determined that a point has been reached'where there is a:. . t. significant exposure:to litigation involving the City and City related entities based' on existing facts and circumstances::With respect to such matter, the City, . Council will also meet pursuant to Government Code Section 54956.9(c)`to decide '`' whether to initiate litigation. • ` • P,.ublic Information concerning existing litigation between the.City 'and various parties may be acquired by reviewing the"public documents"held by-the.Cily Clerk. - Next in Order: Ordinance: 10-13 Resolution: 10-65 CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Andrew Tang Invocation: Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley Flag Salute: Council Member Washington ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero 1 PRESENTATIONS/PROCLAMATIONS Constitution Week Proclamation Greek Festival Month Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of August 24, 2010. 2 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of July 31, 2010 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of July 31, 2010. 5 Residential Energy Efficiency Program RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE RESIDENTIAL ENERGY EFFICIENCY PROGRAM (REEP) 6 Award a Contract for Maintenance of Caltrans Landscape Improvements adiacent to the Civic Center and Parking Structure — Project No. PW06-07 RECOMMENDATION: 6.1 Award a contract for Project No. PW06-07, Maintenance of Caltrans Landscape Improvements adjacent to the Civic Center and Parking Structure to TruGreen Landcare in the amount of$86,130; 6.2 Authorize the City Manager to approve change orders up to $8,613, which is 10% of the contract amount; 6.3 Confirm the findings that this maintenance work is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 3 7 Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement for the French Valley Parkway/I-15 Overcrossing & Interchange Project RECOMMENDATION: 7.1 Approve the attached TUMF Reimbursement Agreement between the Western Riverside Council of Governments (WRCOG) and the City of Temecula for the French Valley Parkway/I-15 Overcrossing & Interchange Project (06-SW-TEM- 1070); 7.2 Authorize the City Manager to execute the agreement. 8 Authorize Temporary Partial Street Closures for the "Race for the Cure" event October 17, 2010, in the Promenade Mall area (Winchester Road, Margarita Road, and other related streets) RECOMMENDATION: 8.1 Receive and file the following proposed action by the City Manager: Temporarily close portions of Winchester Road, Margarita Road, and other related streets for the: "2010 RACE FOR THE CURE EVENT" 9 Authorize Temporary Street Closures for the 2010 Temecula Fall Rod Run event (Old Town Front Street, between Moreno Road and Second Street, and other related streets) scheduled for the 8th and 9th of October, 2010 RECOMMENDATION: 9.1 Receive and file the following proposed action by the City Manager: Temporarily close Old Town Front Street and other related streets for the: "2010 TEMECULA FALL ROD RUN EVENT" 10 Acceptance of Improvements and Notice of Completion for the Road and Storm Drain Repair at Rancho California Road — Project No. PW09-08 RECOMMENDATION: 10.1 Accept the construction of the Road and Storm Drain Repair at Rancho California Road, Project No. PW 09-08, as complete; 10.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 10.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 4 11 Approve the Sponsorship Requests and Funding Agreements for the 2010 Komen Inland Empire Race for the Cure and the 2010 Temecula Fall Rod Run RECOMMENDATION: 11.1 Approve the Event Sponsorship and Funding Agreement in the amount of $22,500 cash, city-support costs in the amount of approximately $18,435, and promotional services valued at $9,065 in-kind support for the 2010 Komen Inland Empire Race for the Cure®; 11.2 Approve the Event Sponsorship Agreement for actual city-support costs in the amount up to $59,562 for the 2010 Temecula Fall Rod Run and authorize the Mayor to execute the agreement. 12 Resolution of Support for the expansion of the San Diego area Foreign Trade Zone (FTZ) into the southwesterly region of Riverside County (at the request of Mayor Comercherol RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE EXPANSION OF THE SAN DIEGO FOREIGN TRADE ZONE 153 INTO THE SOUTHWESTERLY REGION OF RIVERSIDE COUNTY INCLUDING TEMECULA RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 10-01 Resolution: No. CSD 10-05 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. CSD CONSENT CALENDAR 13 Action Minutes RECOMMENDATION: 13.1 Approve the action minutes of August 24, 2010. CSD BUSINESS 14 Old Town Temecula Community Theater Recap and Temecula Presents 2010-2011 Season Preview RECOMMENDATION: 14.1 Receive and file the report recapping the activity during the 2009-2010 season at the Old Town Temecula Community Theater and previewing the upcoming Temecula Presents 2010-2011 season. 6 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, September 28, 2010, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 10-01 Resolution: No. RDA 10-11 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. RDA CONSENT CALENDAR 15 Action Minutes RECOMMENDATION: 15.1 Approve the action minutes of August 24, 2010. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, September 28, 2010, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. 8 RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 16 Firestone Property Ad Hoc City Council Subcommittee RECOMMENDATION: 16.1 Establish the Firestone Property Ad Hoc Council Subcommittee to address and review the comprehensive conceptual development issues associated with housing, hospital university, and office/commercial associated with the property held by Mr. and Mrs. John Firestone west of Pujol Street and report back to the City Council; 16.2 Appoint two members to serve on the Firestone Property Ad Hoc City Council Subcommittee; 16.3 Terminate the existing Villages of Old Town Ad Hoc Subcommittee. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, September 28, 2010, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. 9 PRESENTATIONS The City of Temecula PROCLAMATION WHEREAS, it is the privilege and duty of the American people to commemorate the two hundred twenty-third anniversary of the drafting of the Constitution of the United States of America with appropriate ceremonies and activities; and WHEREAS, the Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and WHEREAS, September 17, 2010 marks the two hundred twenty-third anniversary of the framing of the Constitution of the United States of America by Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through September 23, as Constitution Week NOW, THEREFORE, 1, Jeff Comerchero, on behalf of the City Council of the City of Temecula, hereby proclaim September 17 through September 23, 2010, to be "Constitution Week" and ask our citizens to reaffirm the ideals of the framers of the Constitution by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this fourteenth day of September, 2010. Jeff Comerchero, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula PROCLAMATION WHEREAS, the people of Temecula have enjoyed a decades-long family tradition of Greek Festivals, presenting a cornucopia of culinary appetizers, entrees and pastries, as well as a variety of children's games and ethnic music and dance; and WHEREAS, on Saturday and Sunday, October 2" d and 3�d, the Greek Festival Committee of Temecula once again will share their deliciously different ethnic dishes, drinks, and entertainment with our friends and neighbors; and WHEREAS, the City of Temecula takes pride in the rich cultural experiences the Greek Festival offers its neighbors and its families. NOW, THEREFORE, I, Jeff Comerchero, on behalf of the City Council of the City of Temecula, hereby proclaim the month of October, 2010, to be "Greek Festival Month" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this fourteenth day of September, 2010. Jeff Comerchero, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE AUGUST 24, 2010 — 7:00 PM 6:00 P.M. - Closed Session of the City Council/Temecula Redevelopment Agency pursuant to Government Code Section: 1. Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding one parcel of real property owned by the Lowe Trust consisting of approximately 4.72 acres (APN 940-140-004) located on the escarpment west of the City limits in unincorporated Riverside County and generally westerly of Pujol Street and north-easterly of Via Santa Rosa. The parties to the negotiations for the purchase of the property are the Lowe Trust, Riverside County Regional Conservation Authority and the City of Temecula. Negotiators for the City of Temecula are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are price and the terms of the sale of the property. 2. Conference with City Attorney pursuant to Government Code Section 64966.9(a) with respect to one matter of pending litigation to which the City is a plaintiff. The title of the litigation is City of Temecula, et. al. v. Tovey/Shultz Construction, Inc., et. al., Riverside County Superior Court Case No. RIC 541908 (Old Town Community Theater construction litigation). 3. Conference with City Attorney pursuant to Government Code Section 64966.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:00 P.M., Mayor Comerchero called the City Council meeting to order and recessed the meeting to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Clifford Wu 1 Invocation: Pastor Bill Cate of Trinity Lutheran Church Flag Salute: Council Member Roberts ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS/PROCLAMATIONS Certificate of Achievement for Eagle Scout Luke Nelson Laney Street Painting Festival/Plein Air Awards PUBLIC COMMENTS Jon Greaves — Temecula — addressed the City Council with regard to slurry sealing issues in the Meadowview area. CITY COUNCIL REPORTS CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of August 10, 2010. 3 List of Demands - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 10-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Amendments to Contract Agreements for Term Extensions for the Public Works Department CIP Division - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve the amendments to the following contract agreements to extend the terms to June 30, 2011, for contracting and consulting services provided for the Capital Improvement Projects (CIP) Division on-going project needs: American Heavy Moving and Rigging, Inc. — Old Town Infrastructure Improvements, Relocation of Existing Structures Hall & Foreman, Inc. — Santa Gertrudis Creek Pedestrian/ Bicycle Trail Extension and Interconnect AAE, Inc. — Temecula Park and Ride (SR79 South) Temecula Parkway Nolte Associates, Inc. — Pedestrian/ Bicycle Bridge over Santa Gertrudis Creek to Chaparral High School and City Trail System RBF Consulting, Inc. — Old Town Infrastructure Improvements, Mercedes Street and Main Street Simon Wong Engineering, Inc. — Main Street Bridge over Murrieta Creek (Replacement) 5 Resolution to Oppose H.R. 5034, the Comprehensive Alcohol Regulatory Effectiveness Act of 2010 (at the request of Mayor Pro Tem Roberts) - Approved Staff Recommendation (5-0-0) — Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 10-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO OPPOSE H.R. 5034, THE COMPREHENSIVE ALCOHOL REGULATORY EFFECTIVENESS ACT OF 2010, IN ORDER TO PROTECT AND PRESERVE THE ABILITY OF CALIFORNIA WINERIES, AND ALL WINERIES IN THE UNITED STATES, TO SHIP WINE DIRECTLY TO CONSUMERS WITHOUT DISCRIMINATION BETWEEN IN-STATE AND OUT-OF-STATE WINE PRODUCERS 6 Microsoft Software Licenses — Annual Renewal - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Authorize the annual purchase of Microsoft Client Access Licenses (CAL), Windows Server 2008, and SOL database 2005 Software from CompuCom Systems Inc. for $66,949.62. At 7:23 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:25 P.M., the City Council resumed with regular business. CITY MANAGER REPORT City Attorney Thorson stated that with regard to the Closed Session matters, there were no reportable actions under the Brown Act. With respect to the one real property item, City Attorney Thorson advised that no final action would be taken other than in open session of the City Council meeting. As to the two litigation matters, Mr. Thorson noted that the City Council gave direction but that there was no action to report. ADJOURNMENT At 7:26 P.M., the City Council meeting was formally adjourned to Tuesday, September 14, 2010, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Item No. 3 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: September 14, 2010 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $5,923,687.07. 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 14th day of September, 2010. Jeff Comerchero, Mayor r_T40r:61n Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of September, 2010, by the following vote: IG\'/x.�Ko1l1►[MIN diIAdiD]A:63 NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 08/19/2010 TOTAL CHECK RUN 08/26/2010 TOTAL CHECK RUN 08/19/2010 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 09/14/2010 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 165 AFFORDABLE HOUSING 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 194 TCSD SERVICE LEVEL D 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECTS FUND 280 REDEVELOPMENT AGENCY - CIP PROJECT 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 370 CITY 2008 COP'S DEBT SERVICE 375 SUMMER YOUTH EMPLOYMENT PROGRAM 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 516 SERVICE LEVEL"C"ZONE 16 TRADEIN NDS 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 844,534.48 347,494.79 250,004.31 196.42 85,264.39 15,053.87 4,051.14 2,700,884.05 36,978.67 1,049.92 56,892.78 12,110.21 11,445.59 1,009,968.76 5,176.01 1,611.59 1,462.21 1,496.34 211.73 1,833.32 779.39 948.95 5,695.76 84.13 914.81 46.86 3,358.66 1,126.52 449.91 725.52 870.72 55.88 3,911.43 2,057.91 5,889.66 10,060.77 174.58 263.92 5,831.01 2,381.82 56.55 775.14 8,230.75 105.20 $ 3,785,379.83 1,657,136.60 481,170.64 $ 5,923,687.07 $ 5,442,516.43 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 253,918.16 165 AFFORDABLE HOUSING 10,884.98 190 TEMECULA COMMUNITY SERVICES DISTRICT 131,975.28 192 TCSD SERVICE LEVEL B 139.43 194 TCSD SERVICE LEVEL D 1,400.67 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,158.78 197 TEMECULA LIBRARY FUND 422.39 280 REDEVELOPMENT AGENCY - CIP PROJECT 6,481.27 300 INSURANCE FUND 1,354.21 320 INFORMATION SYSTEMS 23,957.13 330 SUPPORT SERVICES 5,827.73 340 FACILITIES 8,434.19 375 SUMMER YOUTH EMPLOYMENT PROGRAM 31,949.70 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 120.50 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 80.40 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 95.25 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 17.54 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 193.99 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 34.91 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 49.97 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 329.40 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.71 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 14.72 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 9.26 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 219.41 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 46.99 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 27.18 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 23.33 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 54.88 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 4.45 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 203.34 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 109.01 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 295.29 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 498.89 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 11.79 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 13.08 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 281.16 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 90.37 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 3.81 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 13.24 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 414.36 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 7.49 TOTAL BY FUND: 481,170.64 $ 5,923,687.07 apChkLst 08/19/2010 10:19:OOAM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1522 08/05/2010 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 129,679.76 129,679.76 RETIREMENT) 1529 08/19/2010 000283 INSTATAX (IRS) Federal Income Taxes Payment 84,912.93 84,912.93 1530 08/19/2010 000444 INSTATAX (EDD) State Disability Ins Payment 26,607.10 26,607.10 1531 08/19/2010 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 7,090.02 7,090.02 SOLUTION 1532 08/19/2010 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 12,222.33 12,222.33 SOLUTION 1533 08/19/2010 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 129,957.95 129,957.95 RETIREMENT) 1534 08/19/2010 010349 CALIF DEPT OF CHILD Support Payment 553.84 553.84 SUPPORT 140386 08/19/2010 008698 ADVANCED APPLIED Jul eng svc: 79S Park & Ride 9,808.54 9,808.54 ENGINEERING 140387 08/19/2010 012943 ALPHA MECHANICAL SERVICE HVAC svcs: PBSP 1,220.00 INC HVAC Repair: Stn 92 200.00 1,420.00 140388 08/19/2010 009767 ALTA LOMA CHARTER INC TRANSPORTATION CASTLE PARK 7/29 2,533.07 2,533.07 140389 08/19/2010 013015 ALWAYS RELIABLE backflow testing: wolf creek park 50.00 BACKFLOW backflow testing: Civic Center 50.00 backflow testing: la serena 25.00 backflow testing: saddlewood 25.00 backflow testing: villages 25.00 175.00 140390 08/19/2010 011960 AMERICAN HEAVY MOVING Jul relocation/demo svc: Pujol 8,402.40 8,402.40 140391 08/19/2010 004040 BIG FOOT GRAPHICS promotional tote bags:theater 1,050.00 TCSD instructor earnings 1,568.00 TCSD instructor earnings 392.00 3,010.00 140392 08/19/2010 012583 BLANCAYPRICE 7/2-30 landscape plan ck:Planning 5,340.00 5,340.00 140393 08/19/2010 013700 BRENNAN, RYAN entertainment: hot summer nights 1,400.00 1,400.00 Page:1 apChkLst Final Check List Page: 2 08/19/2010 10:19:OOAM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 140394 08/19/2010 006908 C C & COMPANY INC entertainment: concert 8/19 250.00 entertainment: hot summer nights 275.00 entertainment: hot summer nights 275.00 800.00 140395 08/19/2010 000413 CALIF DEPT OF FISH & GAME Sec 6: Notification Main St Bndge 482.75 482.75 140396 08/19/2010 010939 CALIF DEPT OF INDUSTRIAL #2891 annl insp waterslide:CRC 125.00 125.00 140397 08/19/2010 010939 CALIF DEPT OF INDUSTRIAL #101969 elevator insp:City Hall 105.00 105.00 140398 08/19/2010 010939 CALIF DEPT OF INDUSTRIAL #146667 elevator insp:Fld Op Ctr 105.00 105.00 140399 08/19/2010 001159 CALIF DEPT OF JUSTICE fingerprinting svcs: hr/pd/syep 3,322.00 3,322.00 140400 08/19/2010 000152 CALIF PARKS & RECREATION 10/11 mbrshp:Crowe-Pelletier, Julie 140.00 140.00 SOC 140401 08/19/2010 004971 CANON FINANCIAL SERVICES, Jul copier lease: Fire 182.55 INC Aug copier lease: Library 2,836.52 3,019.07 140402 08/19/2010 000137 CHEVRON AND TEXACO City vehicles fuel: Police 943.01 943.01 140403 08/19/2010 005417 CINTAS FIRST AID & SAFETY first aid supplies: PW Maint 388.13 388.13 140404 08/19/2010 004405 COMMUNITY HEALTH Community Health Chanties Payment 66.00 66.00 CHARITIES 140405 08/19/2010 000442 COMPUTER ALERT SYSTEMS fire alarm sys maint: library 507.83 507.83 140406 08/19/2010 006303 CONDUIT NETWORKS, INC GFl faxmaker solution: civic ctr 13,827.72 13,827.72 140407 08/19/2010 001264 COSTCO WHOLESALE misc supplies: Merc art shows 123.65 123.65 140408 08/19/2010 010650 CRAFTSMEN PLUMBING & plumbing repair: Stn 73 347.11 HVAC INC plumbing repair: Stn 84 900.00 plumbing repair: Stn 84 350.00 plumbing repair: Stn 92 253.40 1,850.51 140409 08/19/2010 013560 CROWN BUILDING MAINTCO Jul janitorial svcs: city facilities 4,077.02 4,077.02 INC Page2 apChkLst Final Check List Page: 3 08/19/2010 10:19:OOAM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 140410 08/19/2010 012600 DAVID EVANS & ASSOCIATES Jul cnslt svc:Butterfield Stg Rd exit 2,460.40 2,460.40 INC 140411 08/19/2010 003962 DAVID N EAU LT ASSOCIATES Jul landscape insp svc:79NNVin 9,283.75 INC Jul reimb exp: Margarita Indscp dsg 129.08 Jul landscape design svc:Margarita 5,440.00 14,852.83 140412 08/19/2010 009594 DULCHICELLA entertainment: hot summer nights 650.00 650.00 140413 08/19/2010 011202 E M H SPORTS & FITNESS TCSD instructor earnings 1,386.00 1,386.00 140414 08/19/2010 003572 EAGLE AERIAL Aenal photography: Econ Dev 50.00 50.00 PHOTOGRAPHY 140415 08/19/2010 002390 EASTERN MUNICIPAL WATER July 95366-02:39656 Diego Dr Ldscp 230.81 230.81 DIST 140416 08/19/2010 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Earnings 299.25 AILEEN TCSD Instructor Earnings 204.75 TCSD Instructor Earnings 267.75 TCSD Instructor Earnings 173.25 TCSD Instructor Earnings 378.00 TCSD Instructor Earnings 299.25 TCSD Instructor Earnings 126.00 1,748.25 140417 08/19/2010 005880 EDGE DEVELOPMENT INC. Jul const svc: Civic Center 2,325,949.21 2,325,949.21 140418 08/19/2010 013430 EN ERSPECT MEDICAL AED supplies: Paramedics 398.50 398.50 SOLUTIONS 140419 08/19/2010 005115 ENTERPRISE RENT CAR INC van rental teen excursion 7/6 122.69 van rental teen excursion 8/3 122.69 245.38 140420 08/19/2010 000164 ESGIL CORPORATION Jul plan review svcs: B&S 5,921.05 5,921.05 140421 08/19/2010 003665 EXCEL COMMERCIAL July long distance phone svcs 54.94 54.94 140422 08/19/2010 000478 FAST SIGNS Signage: TV Museum exhibits 131.33 131.33 140423 08/19/2010 003747 FINE ARTS NETWORK sttlmnt:Bye Bye Birdie/Parade 5,065.01 5,065.01 140424 08/19/2010 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 Pages apChkLst Final Check List Page: 4 08/19/2010 10:19:OOAM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 140425 08/19/2010 009097 FULL COMPASS SYSTEMS SOUND SUPPLIES: THEATER 265.08 265.08 140426 08/19/2010 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live at the Merc 8/6 115.50 115.50 140427 08/19/2010 010326 G E MOBILE WATER, INC Aug powerv✓asher maint:Stn 73 147.27 147.27 140428 08/19/2010 007804 GAZER, GEOFFREY PERFORMANCES: VAR IN OLD TOWN- 500.00 500.00 140429 08/19/2010 001937 GALLS INC uniform svc: Police Volunteers 13.81 uniform svc: Police Volunteers 5.00 uniform svc: Police Volunteers 8.81 27.62 140430 08/19/2010 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 8/7 246.00 246.00 140431 08/19/2010 000177 GLENN IES OFFICE PRODUCTS Office supplies: CM 122.86 122.86 INC 140432 08/19/2010 003792 GRAINGER misc supplies: Theater 126.63 misc supplies: Theater 68.52 195.15 140433 08/19/2010 008081 HALL & FOREMAN INC Jul right of way staking:Overland 2,970.40 2,970.40 140434 08/19/2010 013736 HAMILTON, ROBIN refund:sec dep:rm rental:crc 150.00 150.00 140435 08/19/2010 000186 HANKS HARDWARE INC Hardware supplies: Ch Museum 24.50 Hardware supplies: Library 126.07 Hardware supplies: Theater 536.46 687.03 140436 08/19/2010 000520 HDL COREN & CONE INC Jul-Sept propenytax cnslt:finance 5,250.00 09/10 CAFR statistical rpts:finance 595.00 5,845.00 140437 08/19/2010 001135 HEALTHPOINTE MEDICAL pre-employment physicals: HR 25.00 GROUP INC pre-employment physicals: HR 25.00 pre-employment physicals: HR 25.00 employee first care svcs: Totten, J 558.92 pre-employment physicals: HR 25.00 658.92 140438 08/19/2010 001013 HINDERLITER DE LLAMAS & Jul-Sept sales tax cnslt:fnance 2,236.37 2,236.37 ASSOC 140439 08/19/2010 000194 1 C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 5,868.31 5,868.31 303355 140440 08/19/2010 013695 INLAND EMPIRE SHRED IT 8/2 doc shredding svc: PD OT 15.00 15.00 Page:4 apChkLst Final Check List Page: 5 08/19/2010 10:19:OOAM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 140441 08/19/2010 006914 INNOVATIVE DOCUMENT Jul copier maint/usage: library 1,177.78 SOLUTIONS Jul copier maint/u sage: citywide 3,854.02 5,031.80 140442 08/19/2010 003296 INTL CODE COUNCIL code publications: B&S 10,414.72 Code Books Fire Prevention 4,798.95 15,213.67 140443 08/19/2010 003266 IRON MOUNTAIN OFFSITE Jul offsite media storage:records 372.92 372.92 140444 08/19/2010 001186 IRWIN, JOHN TCSD instructor earnings 112.70 TCSD instructor earnings 176.40 TCSD instructor earnings 671.30 960.40 140445 08/19/2010 004884 J&W REDWOOD LUMBER CO lumber supplies:OT boardwalk 110.87 110.87 INC 140446 08/19/2010 013737 JOHNSON, JOANNE M. refund:sec dep:rm rental:mpsc 150.00 150.00 140447 08/19/2010 003046 K F R O G 95.1 FM RADIO radio broadcast: hot summer nights 2,276.00 2,276.00 140448 08/19/2010 004546 KING, JAMES N. perfonnance:hot summer nights 1,250.00 1,250.00 140449 08/19/2010 001085 L N CURTIS & SONS rescue equip: Stn 73 65.25 65.25 140450 08/19/2010 013738 LAY, KUNTHEAR refund :Gemns... for sharing bk 7.95 7.95 140451 08/19/2010 004412 LEANDER, KERRY D. TCSD instructor earnings 1,008.00 TCSD instructor earnings 798.00 TCSD instructor earnings 591.50 TCSD instructor earnings 504.00 2,901.50 140452 08/19/2010 013718 LEE, RICHARD M. entertainment: hot summer nights 500.00 500.00 140453 08/19/2010 000482 LEIGHTON CONSULTING INC 3/25-6/30 geotech svc: TCC 2,751.00 2,751.00 140454 08/19/2010 003726 LIFE ASSIST INC medical supplies: Paramedics 24.01 medical supplies: Paramedics 373.41 397.42 140455 08/19/2010 012243 LONG, SARA reimb: renewal ICC certification 60.00 60.00 140456 08/19/2010 013739 LOPEZ, FRANCISCO refund:sec dep:rm rental:crc 150.00 150.00 140457 08/19/2010 008965 LOWDER, BOB entertainment: hot summer nights 1,100.00 1,100.00 Pages apChkLst Final Check List Page: 6 08/19/2010 10:19:OOAM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 002105 Description 140458 08/19/2010 008716 MAGEE, BILL Entertainment: hot summer nights 8/20 140459 08/19/2010 003782 MAIN STREET SIGNS Misc signs:PW Maint 140460 08/19/2010 004141 MAINTEX INC Cleaning & maint supplies:citywide 140461 08/19/2010 004307 MARINE BIOCHEMISTS Jul water maint swcs:Haw/Duck Pond 140462 08/19/2010 009541 MEYER AND ASSOCIATES Jun prof swcs:TCC Expansion 140463 08/19/2010 012264 MIRANDA, JULIO C. TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 140464 08/19/2010 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings A. 140465 08/19/2010 008528 NICHOLS, MELBURG & Jul consulting swcs:civic center ph I ROSETTO 140466 08/19/2010 002139 NORTH COUNTY TIMES 140467 08/19/2010 002139 NORTH COUNTY TIMES 140468 08/19/2010 002139 NORTH COUNTY TIMES 140469 08/19/2010 009570 OC B REPROGRAPHICS 140470 08/19/2010 002292 OASISVENDING 140471 08/19/2010 002105 OLD TOWN TIRE&SERVICE 140472 08/19/2010 002105 OLD TOWN TIRE&SERVICE 140473 08/19/2010 012833 PC MALL GOV, INC. Jul consulting swcs:civic center ph II Jul consulting swcs:civic center ph II Jul Hot Summer Nights ads: RDA Jul advertising: human resources Jul legal advertising: City Clerk/Pln/PW 8/16/10-8/15/11 subscr:Pln/00124624 Jul newspaper subscr:MPSC Jul reproduction swcs:PW CIP Div Kitchen/vend supplies: city hall Kitchen/vend supplies: west wing Kitchen/vend supplies: foc City Vehicle Maint Svcs:B&S City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Maint security camera for pbsp Amount Paid 650.00 597.04 174.15 3,900.00 1,987.50 1,218.00 840.00 210.00 252.00 2,836.03 2,152.58 15,254.45 1,369.28 507.00 826.56 138.00 28.60 129.59 602.20 166.33 203.29 925.21 155.07 75.00 155.07 1,642.13 Check Total 650.00 597.04 174.15 3,900.00 1,987.50 2,268.00 252.00 20,243.06 2,702.84 138.00 28.60 129.59 971.82 925.21 385.14 1,642.13 Pages apChkLst Final Check List Page: 7 08/19/2010 10:19:OOAM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 140474 08/19/2010 001958 PERS LONGTERM CARE 140485 08/19/2010 013433 PROGRAM 140475 08/19/2010 010338 POOL & ELECTRICAL R IVE RSI DE TRANSIT AGEN CY Jun -Jul co-op agrmnt:temecula trolley 140487 PRODUCTS INC 140476 08/19/2010 011549 POWER SPORTS UNLIMITED 140477 08/19/2010 000254 PRESS ENTERPRISE 140488 08/19/2010 012260 COMPANY INC 140478 08/19/2010 012904 PROACTIVE FIRE DESIGN 140479 08/19/2010 005075 PRUDENTIAL OVERALL LIGHTING SUPPLY 140480 08/19/2010 000947 RANCHO REPROGRAPHICS 140481 08/19/2010 000907 RANCHO TEMECULA CAR WASH 140482 08/19/2010 009725 RAZAVI, MAN DIS 140483 08/19/2010 004584 REGENCY LIGHTING (Continued) Description Amount Paid PERS Long Term Care Payment 91.00 Var pool supplies:citywide Vehicle repair & maint:police Jul advertising: human resources Jul plan check swcs:fire prevention Jul uniform/fir mat/twl swcs:city Reprographic Swcs:F.V.Pkwy Ph I Jul vehicle detailing swcs:var.depts TCSD Instructor Earnings TCSD Instructor Earnings Electncal supplies: citywide Electncal supplies: citywide Electncal supplies: various park sites Electncal supplies: various park sites Electncal supplies: various park sites 140484 08/19/2010 002110 RENTAL SERVICE Rental of tools & maint:pw maint CORPORATION 140485 08/19/2010 013433 RIVERSIDE CO PARK DISTRICT 1 yr Ch ronicles subscription: Planning 140486 08/19/2010 004822 R IVE RSI DE TRANSIT AGEN CY Jun -Jul co-op agrmnt:temecula trolley 140487 08/19/2010 001097 ROADLINE PRODUCTS INC Misc maint supplies:PW Maint Misc maint supplies:PW Maint 140488 08/19/2010 012260 ROSS, TATIANA computer purchase prgm:T.Ross 140489 08/19/2010 009196 SACRAMENTO THEATRICAL Misc lighting supplies: Theater LIGHTING 92.36 1,245.28 778.40 3,326.87 1,252.04 220.87 147.00 421.40 548.80 17.88 52.11 360.83 255.26 245.73 OWED, 18.00 25,000.00 437.39 51.49 2,000.00 1,640.20 Check Total 91.00 92.36 1,245.28 778.40 3,326.87 1,252.04 220.87 147.00 970.20 931.81 21.46 18.00 25,000.00 488.88 2,000.00 1,640.20 Page:7 apChkLst Final Check List Page: 8 08/19/2010 10:19:OOAM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 140490 08/19/2010 010089 SECURITAS SECU RITY SRVCS Jul security swcs:Harveston Lake Park 980.00 980.00 USA 140491 08/19/2010 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 705.84 705.84 CENTRAL 140492 08/19/2010 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 200.00 200.00 CENTRAL 140493 08/19/2010 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 140494 08/19/2010 009213 SHERRY BERRY MUSIC Jazz @ the Merc 8/5/10 241.50 241.50 140495 08/19/2010 000537 SO CALIF EDISON July 2-29-974-7568:26953 Ynez TC1 119.32 July 2-00-397-5059:tcsd:med/parks 5,804.33 July 2-28-171-2620:40820 Winchester 1,431.69 Aug 2-31-693-9784:26036 ynez TC1 380.84 Aug 2-28-397-1315:rdhk median 20.38 July 2-30-296-9522:TVHS courts 238.50 July 2-27-560-0625:32380 deerhollow 2,470.29 July 2-26-887-0789:40233 vlg rd PED 2,378.40 July 2-31-419-2659:26706 ynez TC1 84.34 12,928.09 140496 08/19/2010 000519 SOUTH COUNTY PEST Jul pest control swcs:city facilities 472.00 CONTROL INC pest control swcs:theater 7/10 21.00 493.00 140497 08/19/2010 013734 START, CHAD reimb:dog food/Police K9 164.16 164.16 140498 08/19/2010 000293 STADIUM PIZZA INC Refreshments: skate park 8/2/10 115.28 Refreshments: day camp 2010 8/6 141.25 256.53 140499 08/19/2010 002366 STEAM SUPERIOR CARPET Carpet cleaning swcs:theater 135.00 135.00 CLEANING 140500 08/19/2010 013740 STOCKTON, STACI refund little learners 2000.202 192.00 192.00 140501 08/19/2010 007698 SWANK MOTIONS PICTURES, "Up" rental:movies in park pgrm 8/20 421.00 421.00 INC. 140502 08/19/2010 011302 SWATI FOODS INC (SUBWAY) Misc supplies: msyep meeting 8/11/10 240.00 240.00 140503 08/19/2010 013387 SWEEPING UNLIMITED INC Jul sweeping swcs:parking garage 500.00 500.00 PageE apChkLst Final Check List Page: 9 08/19/2010 10:19:OOAM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 140504 08/19/2010 011227 T.V. CATHY'S DANCE 140507 08/19/2010 001035 BOOSTERS 140505 08/19/2010 000305 TARGET BANK BUS CARD TEMECULA VALLEY Jun '10 Bus. Impry District Asmnts SRVCS (Continued) Description Amount Paid "The Garden" production 7/19/10 648.85 Misc. supplies: Summer Camp 2010 Misc. supplies: Summer Camp 2010 Artist Hospitality Supplies: Theater Misc. supplies: Summer Camp 2010 Misc. supplies: MPSC 140506 08/19/2010 012265 TEMECULA ACE HARDWARE Misc hardware supplies:fire prev. C/O 140507 08/19/2010 001035 TEMECULA ENVIRONMENTAL Jan -Jun '10 trash hauling swcs 140508 08/19/2010 010046 TEMECULA VALLEY Jun '10 Bus. Impry District Asmnts CONVENTION & 140509 08/19/2010 003862 THYSSENKRUPP Jul -Sep el ev.i n specti on swcs:city fac's ELEVATOR.BRNCH 37 140510 08/19/2010 010276 TIME WARNER CABLE Aug high speed internet:32211 wtfvly 140511 08/19/2010 000668 TIMMY D PRODUCTIONS INC 140512 08/19/2010 013688 TORREYPINESBANK 140513 08/19/2010 007709 TOYOTA OF TEMECULA VALLEY 140514 08/19/2010 012725 TRZOP, NICHELLE 140515 08/19/2010 011825 U.S. BUREAU OF RECLAMATION 140516 08/19/2010 000325 UNITED WAY Aug high speed internet:32364 ovdnd Sound technician swcs:movies/prk Aug Sound technician swcs:movies/prk Jul Sound technician swcs:concert series Sound technician swcs:concert series acct#4110170281 Edge PWO6-07 Veh repair & maint: planning TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings water sample analysis:S.Marg United Way Charities Payment 50.12 81.94 40.99 56.55 76.33 83.43 83,890.83 93,255.15 2,040.00 102.32 44.95 5,237.00 5,237.00 2,250.00 3,000.00 258,438.80 197.13 1,603.00 2,016.00 3,024.00 2,016.00 11,726.00 62.00 Check Total 648.85 305.93 83.43 83,890.83 93,255.15 2,040.00 147.27 15,724.00 258,438.80 197.13 8,659.00 11,726.00 Page9 62.00 apChkLst Final Check List Page: 10 08/19/2010 10:19:OOAM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 140517 08/19/2010 004261 VERIZON 140518 08/19/2010 009101 VISION ONE INC 140519 08/19/2010 011213 WAVE WATERPARK, THE 140520 08/19/2010 000339 WEST PUBLISHING CORP 140521 08/19/2010 000621 WESTERN RIVERSIDE gen usage:wtf crk pk irrig 36.27 COUNCIL OF 140522 08/19/2010 000621 WESTERN RIVERSIDE general usage 125.14 COUNCIL OF 140523 08/19/2010 008402 WESTERN RIVERSIDE general usage 36.27 COUNTY 140524 08/19/2010 000341 WILLDAN ASSOCIATES INC 140525 08/19/2010 000230 WILLDAN FINANCIAL SERVICES (Continued) Description 1,683.00 Amount Paid Check Total Aug xxx-4723 gen usage: Police 37.42 7/5-8/4 Judicial Updates: City Clerk Aug xxx-3143 gen usage:PD ovrind ofc 49.93 271,706.12 Aug xxx-7562 gen usage:irrig contrllr 38.80 18,714.00 Aug xxx-2372 gen usage:wtf crk pk irrig 36.27 Aug xxx-0682 gen use:civic ctr camera 93.01 Aug xxx-0073 general usage 125.14 Aug xxx-5473 gen usage:moraga rd 39.39 Aug xxx-8573 general usage 36.27 Aug xxx-5072 general usage 2,813.30 3,269.53 Jul showare ticketing swcs: theater 1,683.00 1,683.00 Excursion:day camp 8/5 2,021.80 2,021.80 7/5-8/4 Judicial Updates: City Clerk 342.63 342.63 Jul '10 TUMF Payment 271,706.12 271,706.12 FY 10/11 agency membership dues 18,714.00 18,714.00 Jul '10 MSHCP payment 45,900.00 45,900.00 Jul eng swcs:traffic sgnl installation 2,665.84 2,665.84 Jul -Sep assessment eng swcs:csd 5,583.32 5,583.32 Grand total for UNION BANK OF CALIFORNIA: 3,785,379.83 Page 10 apChkLst Final Check List Page: 11 08/19/2010 10:19:OOAM CITY OF TEMECULA 147 checks in this report. Grand Total All Checks: 3,785,379.83 Page 11 apChkLst 08/26/2010 12:39:38PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Final Check List CITY OF TEMECULA Description 1535 08/24/2010 013551 SUMMERHOUSE HOUSING Summerhouse loan ph I constr. ASSOC 1536 08/26/2010 005460 U S BANK 2008 COP Debt Srvc Pmt 140526 08/26/2010 008552 ADKINS DESIGN CONSULTING 8/1-15 graphic design svc:Theater 140527 08/26/2010 011322 AIR CLEANING SYSTEMS INC plymovent maint/repair: Stn 73 140528 08/26/2010 006915 ALLIE'S PARTY EQUIPMENT equip rental:hot summer nights 140529 08/26/2010 013748 AMAYA, ANIBAL O. & SONIA E. refund:sec dep:rm rental:TCC 140530 08/26/2010 004431 AMERICAN PAYROLL 10/11 mbrshp: Jorgenson, Monica INSTITUTE INC 140531 08/26/2010 004623 AQUA SOURCE INC chemical supplies: TES pool 140532 08/26/2010 003203 ARTISTIC EMBROIDERY EMBROIDERY SVCS CAPS: TCSD 140533 08/26/2010 140534 08/26/2010 140535 08/26/2010 140536 08/26/2010 140537 08/26/2010 002648 AUTO CLUB OF SOUTHERN CALIF 013384 BELAIRE WEST LANDSCAPE INC 004040 BIG FOOT GRAPHICS 012167 BLACKMAN, HAILE 011421 BRODART COMPANY 140538 08/26/2010 006908 C C & COMPANY INC 140539 08/26/2010 003138 CAL MAT 140540 08/26/2010 011383 CAL STATE SAN MARCOS t -shirts: F.I.T. program Membership: 31708272 JM Membership: 13117974 RS JUL CONST: WINCH ESTE R179N TCSD instructor earnings entertainment: hot summer nights (1) BOOK: LIBRARY (1) BOOK: LIBRARY entertainment: hot summer nights PW patch truck materials Jul const reimb: CSSM credit: billing adj reimb doc# 111 Amount Paid 336,544.51 1,009,968.76 2,956.64 586.50 142.56 150.00 219.00 879.24 161.81 1,125.53 48.00 48.00 29,250.00 455.00 800.00 13.80 18.26 275.00 338.22 15,705.88 -30.00 Page: 1 Check Total 336,544.51 1,009,968.76 2,956.64 586.50 142.56 150.00 219.00 879.24 1,287.34 96.00 29,250.00 455.00 800.00 32.06 275.00 338.22 15,675.88 Page:1 apChkLst 08/26/2010 12:39:38PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 140541 08/26/2010 013744 CHAPARRAL VILLAGE refund:eng grad dep:PM 26232-2 995.00 995.00 PARTNERS LLC 140542 08/26/2010 003534 CLOUD PRODUCTIONS entertainment: hot summer nights 600.00 600.00 140543 08/26/2010 000442 COMPUTER ALERT SYSTEMS alarm sys maint svc:TV Museum 75.00 alarm sys svc maint: MPSC 530.63 605.63 140544 08/26/2010 013286 CONN EXON TELECOM INC Jul 911 telephone svc: citywide 320.00 320.00 140545 08/26/2010 001264 COSTCO WHOLESALE MISC SUPPLIES: MSYEP MEETING 83.65 83.65 140546 08/26/2010 010650 CRAFTSMEN PLUMBING & plumbing repairs: MPSC 130.00 HVAC INC PLUMBING REPAIRS: FLD OP CTR 303.54 433.54 140547 08/26/2010 012937 CRITICAL INFORMATION video on demand training: Fire/EMS 4,829.36 4,829.36 N ETINOR K 140548 08/26/2010 008810 CROSSTOWN ELECTRICAL & ethernet switches: Info Sys 3,862.48 3,862.48 DATA 140549 08/26/2010 004408 CUB SCOUT PACK refund:sec dep:rm rental CRC 150.00 150.00 140550 08/26/2010 004123 D L PHARES & ASSOCIATES Sept lease pmt:pd old town office 2,828.70 2,828.70 140551 08/26/2010 001393 DATA TICKET INC Jul citations processing: police 1,495.70 1,495.70 140552 08/26/2010 004285 DAVE BANG &ASSOCIATES (4) bbq grills: TCSD parks 977.80 977.80 INC 140553 08/26/2010 002990 DAVID TURCH & ASSOCIATES Jul lobbyist cnslt svc: CM 3,500.00 3,500.00 140554 08/26/2010 003945 DIAMOND ENVIRONMENTAL Aug restroom svc:Riverton Park 52.88 SRVCS Aug restroom svc:Redhawk Pk 52.88 Aug restroom svc:Vail Ranch Pk 52.88 Aug restroom svc:Veterans Park 52.88 Aug restroom svc:Long Cyn Pk 52.88 Aug restroom svc:GOHS 52.88 317.28 Page2 apChkLst Final Check List Page: 3 08/26/2010 12:39:38PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 140555 08/26/2010 004192 DOWNS COMMERCIAL Fuel for City vehicles: B&S 298.15 FUELING INC Fuel for Cityvehicles: Code Enf 400.37 Fuel for Cityvehicles: TCSD 1,575.33 Fuel for Cityvehicles: Police 57.80 Fuel for Cityvehicles: CC/IS/TCSD 127.72 Fuel for Cityvehicles: PW C IP 240.48 Fuel for Cityvehicles: PW Maint 1,108.88 Fuel for Cityvehicles: PW Traffic 331.84 Fuel for Cityvehicles: PW Lnd Dv 126.71 4,267.28 140556 08/26/2010 002390 EASTERN MUNICIPAL WATER Aug 39569 seraphina rd 466.06 466.06 DIST 140557 08/26/2010 000395 ECONOMIC DEVELOPMENT 10/11 EDC mbrshp: Econ Dev 6,500.00 6,500.00 CORP 140558 08/26/2010 004829 ELLISON WILSON ADVOCACY Jul advocacy cnslt: CM 3,500.00 LLC Aug advocacy cnslt: CM 3,500.00 7,000.00 140559 08/26/2010 005115 ENTERPRISE RENT CAR INC van rental: teen camp 7/13 142.70 142.70 140560 08/26/2010 011203 ENVIRONMENTAL CLEANING Jul janitorial svc:park restrooms 5,315.00 5,315.00 140561 08/26/2010 013745 EPISCOPAL DIOCESE, THE refund:eng grad dep:APN 961-290-003 995.00 995.00 140562 08/26/2010 001056 EXCEL LANDSCAPE Jul landscape maint:south slopes 34,844.87 Jul landscape maint: parks 47,825.10 Jul landscape maint:north slopes 19,749.97 102,419.94 140563 08/26/2010 000165 FEDERAL EXPRESS INC 7/16-8/5 city express mail svcs 233.09 233.09 140564 08/26/2010 009097 FULL COMPASS SYSTEMS MISC TECHNICAL SUPPLIES: 79.00 79.00 THEATER 140565 08/26/2010 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live at the Merc 8/13 234.50 234.50 140566 08/26/2010 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 8/14 778.50 778.50 140567 08/26/2010 004910 GLOBAL EQUIPMENT workbench parts: PW Traffic 173.90 173.90 COMPANY INC 140568 08/26/2010 000186 HANKS HARDWARE INC Hardware supplies: Fire 693.20 693.20 Pages apChkLst Final Check List Page: 4 08/26/2010 12:39:38PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 140569 08/26/2010 001135 HEALTHPOINTE MEDICAL pre-employment physicals: HR 25.00 GROUP INC pre-employment physicals: HR 70.00 pre-employment physicals: HR 125.00 220.00 140570 08/26/2010 013749 HELIXSTORM INC. refund:sec dep:rm rental:CRC 150.00 150.00 140571 08/26/2010 013750 HOFFMAN, MARIA refund:sec dep:rm rental:CRC 150.00 150.00 140572 08/26/2010 003624 HOWELL, ANN MARIE AUG GRAPHIC DESIGN SVC:ECON 340.50 340.50 DEV 140573 08/26/2010 004984 INDEPENDENT ROOFING 7/27 ROOF INSPECTION: CIVIC CTR 650.00 650.00 CONSULTANT 140574 08/26/2010 013420 INGRAM LIBRARY SERVICES (1) BOOK: LIBRARY 23.12 23.12 INC 140575 08/26/2010 009693 INLAND VALLEYCLASSICAL sttlmnt: Beauty& BeastAug'10 2,446.62 2,446.62 BALLET 140576 08/26/2010 001407 INTER VALLEY POOL SUPPLY pool chemicals:CRCTTES/CHS 437.01 437.01 INC 140577 08/26/2010 010428 ITS A DOGS WORLD K-9 TCSD Instructor Earnings 495.00 495.00 ACADEMY 140578 08/26/2010 013200 JAROTH INC 9/1-9/30/10 pay phone:rda/old town 82.64 82.64 140579 08/26/2010 010670 JHCH REDLANDS LAND refund:eng grad dep:PM 23496 995.00 995.00 140580 08/26/2010 003046 K F R O G 95.1 FM RADIO radio broadcast: hot summer ngts 828.75 828.75 140581 08/26/2010 002424 KELLEY DISPLAY INC banner cleaning/storing:old town 288.24 banner cleaning/storing:old town 534.32 822.56 140582 08/26/2010 001091 KEYSER MARSTON Jul cnslt svc:affordable housing 499.38 499.38 ASSOCIATES INC 140583 08/26/2010 000482 LEIGHTON CONSULTING INC JUL PEIZOMETER INSTALL:TEM 510.00 510.00 CREEK 140584 08/26/2010 004176 LEVEL 3 COMMUNICATIONS Aug Long distance & internet svcs 741.00 741.00 LLC 140585 08/26/2010 013746 LIANG, FENGMAN refund:massage hrg cancelled #20417 2,653.00 2,653.00 Page:4 apChkLst Final Check List Page: 5 08/26/2010 12:39:38PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 013127 Description 140597 08/26/2010 013751 PELLISSIER, ROBIN & 140586 08/26/2010 008743 LONNIE SMITH refund:eng grad dep:39340 jessie cr 002498 PETRA GEOTECHNICAL INC 140599 CONSTRUCTION INC 001999 140587 08/26/2010 003782 MAIN STREET SIGNS Misc signs:PW Maintenance 140588 08/26/2010 004307 MARINE BIOCHEMISTS Augwatermaint swcs:Hary/Duck Pond 140589 08/26/2010 010990 MOORE IACOFANO GOLTSMAN JUL YOUTH MASTER PLAN: CSD INC 140590 08/26/2010 010908 MR APPLIANCE OF Appliance repair: pbsp 8/17/10 WINCHESTER 140591 08/26/2010 001986 MUZAK -SOUTHERN CALIFORNIA 140592 08/26/2010 008820 NEIGHBORS NEWSPAPER 140593 08/26/2010 002139 NORTH COUNTYTIMES 140594 08/26/2010 010167 ODYSSEY POWER CORPORATION 140595 08/26/2010 002105 OLD TOWN TIRE &SERVICE 140596 08/26/2010 013127 ON STAGE MUSICALS 140597 08/26/2010 013751 PELLISSIER, ROBIN & KATHLEEN 140598 08/26/2010 002498 PETRA GEOTECHNICAL INC 140599 08/26/2010 001999 PITNEY BOWES 140600 08/26/2010 010338 POOL & ELECTRICAL PRODUCTS INC 140601 08/26/2010 011549 POWER SPORTS UNLIMITED Appliance maint & cleaning: pbsp 7/8 Equip repair & maint:pbsp snack bar 7/16 Sep satellite music:old town Aug advertising:hot summer nights Jul -Aug advertising:tcsd event Equip repair & maint:info systems Equip repair & maint:info systems Equip repair & maint:info systems Equip repair & maint:info systems Equip repair & maint:info systems City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD Onstage Musicals concert 8/15/10 refund:Encyclopedia Brown ... bk Amount Paid 3,000.00 320.81 3,900.00 345.00 1,290.83 385.13 172.50 69.11 250.00 120.00 984.00 5,284.00 1,265.88 1,450.00 3,179.00 36.93 88.07 4,096.52 25.75 Check Total 3,000.00 320.81 3,900.00 345.00 1,848.46 69.11 250.00 120.00 12,162.88 125.00 4,096.52 25.75 Geotech swcs:redhawk park improve 476.16 476.16 9/16-12/15 Postage Meter: Sta 84 93.80 93.80 Var pool supplies:citywide 287.69 287.69 motorcycle repair & maint:police 42.10 42.10 Pages apChkLst Final Check List Page: 6 08/26/2010 12:39:38PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 140602 08/26/2010 008964 PULSIFER, JAMES Entertainment: Hot Summer Nights 8/27 750.00 750.00 140603 08/26/2010 004863 R M S FOUNDATION INC mpsc excursion 9/14/10 805.92 805.92 140604 08/26/2010 000262 RANCHO CALIF WATER Aug var water metem:tcsd svc lev C 13,581.21 DISTRICT Julyvar water meters:calle elenita 90.73 July water meters:41951 moraga rd 1,370.69 15,042.63 140605 08/26/2010 000947 RANCHO REPROGRAPHICS Blueprint reproductions:park & ride 32.30 32.30 140606 08/26/2010 004584 REGENCY LIGHTING Electncal supplies:city hall 130.11 Electncal supplies:various park sites 224.79 354.90 140607 08/26/2010 013632 RELIANCE CHURCH refund:sec dep:rm rental:am ph ith eater 150.00 150.00 140608 08/26/2010 002110 RENTAL SERVICE Rental of tools & maint:pw maint 151.15 CORPORATION Rental oftools & maint:pw maint 46.83 Rental oftools & maint:pw maint 48.82 246.80 140609 08/26/2010 010087 RIGGS & RIGGS INC Appraisal swcs:westem bypass bridge 4,500.00 4,500.00 140610 08/26/2010 013752 RIVAS, LIDIA refund:sec dep:rm rental:TCC 400.00 400.00 140611 08/26/2010 003698 RIVERSIDE CO ECONOMIC N.Amer.clean energy ad/wsd co 528140 500.00 site selection N Amer Cl Energy:Sept/Oct 250.00 750.00 140612 08/26/2010 001365 RIVERSIDE COUNTY OF Apr-Jun '10 vector control swcs 10,529.33 10,529.33 140613 08/26/2010 000220 ROBINSON PRINTING & CIP & AOB combs: Finance 423.04 CREATIVE CIP tab dividers: Finance 577.46 AOB tab dividers: Finance 755.81 graphic dsgn-CIP&AOB covers: Finance 636.89 CIP & AOB covers: Finance 429.56 Blank stock for budgets:Finance 792.79 3,615.55 140614 08/26/2010 009621 SCOTTSDALE COMMERCE LLC 1 yr off-site document storage:records 13,560.00 13,560.00 140615 08/26/2010 013753 SEALS, REBECCA refund: First Art Class 1325.202 57.60 57.60 140616 08/26/2010 009213 SHERRY BERRY MUSIC Jazz @ the Merc 8/12/10 488.60 488.60 Pages apChkLst 08/26/2010 12:39:38PM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 140617 08/26/2010 000645 SMART & FINAL INC misc supplies: c. museum 51.00 misc supplies: theater 15.88 misc supplies: mpsc 172.75 misc supplies: junior lifeguard prgm 278.21 517.84 140618 08/26/2010 000537 SO CALIF EDISON Aug 2-30-099-3847:29721 ryecrest 21.11 Aug 2-28-331-4847:32805 pauba LS3 121.12 142.23 140619 08/26/2010 001212 SO CALIF GAS COMPANY Aug 015-575-0195-2:32211 wolf vly 123.37 Aug 055-475-6169-5:PBSP 122.30 245.67 140620 08/26/2010 000519 SOUTH COUNTY PEST Pest control swcs:temeku hills 7/20 94.00 CONTROL INC Pest control swcs: villages 7/8 94.00 Pest control swcs: Rancho Vista 7/8 94.00 282.00 140621 08/26/2010 013387 SWEEPING UNLIMITED INC Aug sweeping swcs:parking garage 500.00 500.00 140622 08/26/2010 000305 TARGET BANK BUS CARD misc supplies: c. museum 145.58 SRVCS misc supplies: mpsc 167.49 313.07 140623 08/26/2010 010493 TEMECULA TOME CENTER Sep lease pmt: Police Mall Storefront 1,458.33 1,458.33 ASSOC LP 140624 08/26/2010 011736 TEMECULA TROPHY INC Sports awards: recreation programs 446.15 446.15 140625 08/26/2010 000306 TEMECULA VALLEY PIPE& Plumbing supplies:var park sites 36.51 36.51 SUPPLY 140626 08/26/2010 004274 TEMECULA VALLEY SECURITY Locksmith swcs: pbsp 8/10 190.00 CENTR Locksmith swcs: pauba ridge park 8/6 117.75 307.75 140627 08/26/2010 003862 THYSSENKRUPP Elevator maint swcs:city hall 7/15 198.00 ELEVATOR.BRNCH 37 Elevator maint swcs:city hall 7/13 564.50 762.50 140628 08/26/2010 013687 TURPIN, SOL Performance: hot summer nights 8/27 400.00 400.00 140629 08/26/2010 004145 TVV TELECOM Aug City phones general usage 5,700.26 5,700.26 140630 08/26/2010 002702 U S POSTAL SERVICE Jul '10 postage meter deposit 3,170.67 3,170.67 140631 08/26/2010 004794 VALLEYWINDS COMMUNITY Entertainment: Hot Smr Nights 8/27 250.00 250.00 Page:7 apChkLst Final Check List Page: 8 08/26/2010 12:39:38PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 140632 08/26/2010 004261 VERIZON 140633 08/26/2010 004789 VERIZON ONLINE 140634 08/26/2010 010487 WATSON, LUKE 140635 08/26/2010 011740 WEST COAST LIGHTS & SIRENS INC 140636 08/26/2010 013747 WILDEY, MIKE (Continued) Description Amount Paid Check Total Aug xxx-3564 gen usage Alarm 72.53 Aug xxx-6084 general usage 35.03 Aug xxx-0074 general usage 420.25 Aug xxx-5275 gen usage:Tem PD DSL 37.42 565.23 Aug Internet svcs:Library 439.95 Aug Internet svcs:Tem PD DSL 42.99 482.94 reimb:phone expense 7/3-8/2/10 44.50 44.50 Veh repair&maint:police 70.44 70.44 refund:eng grad dep:APN957-310-030 995.00 995.00 Grand total for UNION BANK OF CALIFORNIA: 1,657,136.60 PageE apChkLst Final Check List Page: 9 08/26/2010 12:39:38PM CITY OF TEMECULA 113 checks in this report. Grand Total All Checks: 1,657,136.60 Page9 Item No. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: September 14, 2010 SUBJECT: City Treasurer's Report as of July 31, 2010 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of July 31, 2010. 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 July 31, 2010. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of July 31, 2010 Current Year Average Daily Balance Effective Rate of Return Reporting period 07/01/2010-0731/2010 Run Data 02,200310 15 32 139,14613 139,14613 161,716,692.33 161,716,692.33 1.01% 1.01 Portfolio TEME CP PM IPRF`M1l rsyMRDpt8 42 Retort Ve[500 Par Market City of Temecula % of City of Temecula, California 43200 Business Park Drive days to Portfolio Management Po. Box 9033 g Temecula, CA, 92590 IMV i� Portfolio Summary (951)694 6430 --_ — July 31, 2010 Current Year Average Daily Balance Effective Rate of Return Reporting period 07/01/2010-0731/2010 Run Data 02,200310 15 32 139,14613 139,14613 161,716,692.33 161,716,692.33 1.01% 1.01 Portfolio TEME CP PM IPRF`M1l rsyMRDpt8 42 Retort Ve[500 Par Market Book % of days to wm wm Investments Value Value Value Portfolio Term Maturity 360 Equiv. 355 Equiv. Certificates of DepositBank373,983.53 373,933A 8]3,929.63 obi 1,177 31 6.880 6878 Managed Pool A000unts 43,303,303 47 43,20167 43,203,20867 22.99 1 1 2660 0.668 Letter of Credit 1.00 1.00 1.00 0.00 1 1 0.000 0.000 Looal/Agendy Investment Funds B2351,23819 B2,432,927.54 B2351,23019 41 27 1 1 0.524 0.531 Federal Agency Callableseouriaes 19,000,000.00 19,323,250.00 19,000,000.00 1257 1,392 970 2843 2820 Federal Agency Bullet seourifies 23PR5,000.00 23,393,493 42 2$033,843.5B 1524 742 389 1494 1.515 Investment oantrads 20.31,4BB78 20.31,488 78 20.31,488 78 134 8979 2,533 6.609 6626 151,126,091.95 151,858,992.78 151,996,735.51 199.99% 399 216 1.913 1.99 Investments Cash Passbook/obeokirg 7,817,19878 7,817,19878 7,817,19878 1 1 0.000 0.000 (not included In yield calculations) Total Cash and Investments 158,763,288.71 159,676,189.56 158,711,9329 399 216 1.913 1.99 Current Year Average Daily Balance Effective Rate of Return Reporting period 07/01/2010-0731/2010 Run Data 02,200310 15 32 139,14613 139,14613 161,716,692.33 161,716,692.33 1.01% 1.01 Portfolio TEME CP PM IPRF`M1l rsyMRDpt8 42 Retort Ve[500 City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2010 Page 2 Average Purchase Stated YTM VTM Daysto Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Certificates of Deposit - Bank 95453516-2 66-12 GENIM2 USBANK 06/12/2007 673,963.53 673,963.53 673,963.53 5.600 Subtotal and Average 873,983.53 873,983.53 873,983.53 873,983.53 Managed Pool Accounts 1.00 1 2221 60 03-2 CITY COP RE2 104346006-1 01-2 IMP 2 104346006-4 01-2 RESA2 104346016-3 01-2 RESB2 104346000-4 01-2 SPTAX2 94669911-2 03-1 ACQA2 946699213 03-1 ACQB3 946699023 03-1 BOND3 946699063 03-1 RES A3 94669916-2 03-1 RES B2 94669900-4 03-1 SPTAXI 793593011-2 03-2 ADO 793593009-2 03-2 EMW D 2 793593007-2 03-2 IMP 2 793593016-4 03-2 LOC 2 793593010-2 03-2 PWADM2 793593006-2 03-2 RES 2 793593000-3 03-2 SPTX2 744727011-2 03-3 ACQ2 744727002-2 03-3 BOND 2 744727007-2 03-3 CITY2 744727009 03-3 EMW D 1 744727006-3 03-3 RES3 744727000-4 03-3 SP TX 4 94666001-2 03-4 ADMIN2 94666005-1 03-4 PREP1 94666000-1 03-4 RED1 94666006-2 03-4 RES2 766776002-2 03-6 BON D2 766776007-2 03-61MP2 74,561.60 766776006-2 03-6 RES2 766776000-3 03-6 SP TX3 95453510-2 66-12 BON D2 95453516-4 66-12 G14 Run Date_ 08/26/2010 -15 32 5.600 5.676 31 09/01/2010 5.600 5.678 31 ASSURED GUARANTY 1.00 1.00 1.00 1.000 0.966 1.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 607,437.24 607,437.24 607,437.24 0.000 0.000 1 First American Treasury 4,530.51 4,530.51 4,530.51 0.000 0.000 1 First American Treasury 15,113.21 15,113.21 15,113.21 0.000 0.000 1 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 637,626.39 637,626.39 637,626.39 0.000 0.000 1 First American Treasury 74,561.60 74,561.60 74,561.60 0.000 0.000 1 First American Treasury 4,229.47 4,229.47 4,229.47 0.000 0.000 1 First American Treasury 4,570.46 4,570.46 4,570.46 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 3,412.95 3,412.95 3,412.95 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 347,596.93 347,596.93 347,596.93 0.000 0.000 1 First American Treasury 61,616.43 61,616.43 61,616.43 0.000 0.000 1 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 1,167,240.96 1,167,240.96 1,167,240.96 0.000 0.000 1 First American Treasury 15,151.74 15,151.74 15,151.74 0.000 0.000 1 First American Treasury 4,071.65 4,071.65 4,071.65 0.000 0.000 1 First American Treasury 50,409.61 50,409.61 50,409.61 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 1,402.16 1,402.16 1,402.16 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 195,763.65 195,763.65 195,763.65 0.000 0.000 1 First American Treasury 336.59 336.59 336.59 0.000 0.000 1 First American Treasury 13,160.90 13,160.90 13,160.90 0.000 0.000 1 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 Report Var_ 5 00 City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2010 Page 3 Portfollo TEME CP Run Date_ 08/26/2010 -15 32 PM (PRF_PM2) SymRapt 6 42 Average Purchase Stated YTM YTM Daysto Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 60 03-4 CITY COP RE4 First American Treasury 730.91 730.91 730.91 0.000 0.000 1 122216006-3 CITY COPCIP2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 122216000-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 021NT1 First American Treasury 650,406.13 650,406.13 650,406.13 0.000 0.000 1 94434161-2 RDA 02 PRIN2 First American Treasury 465,000.00 465,000.00 465,000.00 0.000 0.000 1 107666006-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107666001 RDA 06 PRIN First American Treasury 07/01/2010 250,000.00 250,000.00 250,000.00 0.000 0.000 1 107666000-2 RDA 06A INT2 First American Treasury 373,516.13 373,516.13 373,516.13 0.000 0.000 1 107666016-3 RDA 06B CIPS First American Treasury 546,651.95 546,651.95 546,651.95 0.000 0.000 1 107666010-2 RDA 06B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107666016-2 RDA 06B RES2 First American Treasury 202,115.00 202,115.00 202,115.00 0.000 0.000 1 107666030-2 RDA 07 CAPI2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 107666027-2 RDA 07 ESC2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 107666020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107666026-2 RDA 07 PROJ2 First American Treasury 696.50 696.50 696.50 0.000 0.000 1 107666026-2 RDA 07 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 SYSRDA 10 DS 1 RDA 10 DS 1 First American Treasury 19,394.96 19,394.96 19,394.96 0.000 0.000 1 SYSRDA 10A CIP2 RDA 10A CIP2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 136343016-2 RDA 10B CIP2 First American Treasury 07/01/2010 2,531.10 2,531.10 2,531.10 0.000 0.000 1 136343000-1 RDA 10B-INT1 First American Treasury 07/01/2010 393,009.09 393,009.09 393,009.09 0.000 0.000 1 94432360-2 TCSD COP INT First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 94432363 02001 Financial Security Assurance 07/01/2010 1.00 1.00 1.00 0.000 0.000 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 29,027,932.59 29,027,932.59 29,027,932.59 0.531 0.524 0.531 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 1,561,353.13 1,561,353.13 1,561,353.13 0.531 0.524 0.531 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 306,460.71 306,460.71 306,460.71 0.531 0.524 0.531 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 356,076.62 356,076.62 356,076.62 0.531 0.524 0.531 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,604,306.01 3,604,306.01 3,604,306.01 0.531 0.524 0.531 1 122216006 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.531 0.524 0.531 1 1 2221 60 03-1 CITY COP RE1 CA Local Agency Investment Fun 790,606.59 790,606.59 790,606.59 0.531 0.524 0.531 1 107666006-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.531 0.524 0.531 1 107666016-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.531 0.524 0.531 1 107666030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.531 0.524 0.531 1 107666027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.531 0.524 0.531 1 107666026-1 RDA 07 PRO -1 CA Local Agency Investment Fun 693,407.90 693,407.90 693,407.90 0.531 0.524 0.531 1 107666026-1 RDA 07 RES -1 CA Local Agency Investment Fun 1,106,506.26 1,106,506.26 1,106,506.26 0.531 0.524 0.531 1 107666006 RDA 06 RESA MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABS RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 SYS95453516-1 95453516-1 USBANK 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 Portfollo TEME CP Run Date_ 08/26/2010 -15 32 PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2010 Page 4 Average Purchase Stated YTM YTM Daysto Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Subtotal and Average 42,925,255.76 43,803,808.47 43,803,808.47 43,803,808.47 0.450 0.456 1 Letter of Credit 104346006-1 02006 ASSURANCE CO BOND INSURANCE 07/01/2010 1.00 1.00 1.00 0.000 0.000 1 Subtotal and Average 1.00 1.00 1.00 1.00 0.000 0.000 1 Local Agency Investment Funds 94669911-1 03-1 ACO A2 CA Local Agency Investment Fun 730,515.49 730,515.49 730,515.49 0.531 0.524 0.531 1 94669921-1 03-1 ACO B2 CA Local Agency Investment Fun 3,660,767.75 3,660,767.75 3,660,767.75 0.531 0.524 0.531 1 744727011-1 03-3 ADO CA Local Agency Investment Fun 926,630.77 926,630.77 926,630.77 0.531 0.524 0.531 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.531 0.524 0.531 1 766776007-1 03-6 IMP 1 CA Local Agency Investment Fun 157,435.20 157,435.20 157,435.20 0.531 0.524 0.531 1 SYSCITY CITY CA Local Agency Investment Fun 15,063,232.75 15,067,993.33 15,063,232.75 0.531 0.524 0.531 1 SYSRDA RDA CA Local Agency Investment Fun 20,161,275.40 20,214,446.90 20,161,275.40 0.531 0.524 0.531 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 1,266,062.26 1,266,062.26 1,266,062.26 0.531 0.524 0.531 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 546.77 546.77 546.77 0.531 0.524 0.531 1 SYSRDA 10 CIP 1 RDA 10B CIP1 CA Local Agency Investment Fun 6,017,342.04 6,017,342.04 6,017,342.04 0.531 0.524 0.531 1 SYSTCSD TCSD CA Local Agency Investment Fun 14,126,001.74 14,151,225.01 14,126,001.74 0.531 0.524 0.531 1 Subtotal and Average 65,503,861.53 62,351,830.19 62,432,987.54 62,351,830.19 0.524 0.531 1 Federal Agency Callable Securities 31331GZ36 01145 Federal Farm Credit Bank 10/19/2009 1,000,000.00 1,002,500.00 1,000,000.00 1.550 2.399 2.432 716 07/19/2012 3133XRM 01116 Federal Home Loan Bank 06/20/2006 1,000,000.00 1,001,660.00 1,000,000.00 4.070 4.014 4.070 750 06/20/2012 3133XUGS6 01136 Federal Home Loan Bank 06/26/2009 1,000,000.00 1,001,250.00 1,000,000.00 2.500 2.466 2.500 940 02/26/2013 3133XUKAO 01136 Federal Home Loan Bank 06/26/2009 1,000,000.00 1,001,250.00 1,000,000.00 2.560 2.545 2.560 940 02/26/2013 3133XUNQ2 01141 Federal Home Loan Bank 09/15/2009 1,000,000.00 1,001,560.00 1,000,000.00 1.700 1.677 1.700 592 03/15/2012 3133XVF63 01147 Federal Home Loan Bank 10/26/2009 1,000,000.00 1,016,130.00 1,000,000.00 2.100 2.071 2.100 999 04/26/2013 3126X9NT3 01152 Federal Home Loan Mtg Corp 12/10/2009 1,000,000.00 1,003,650.00 1,000,000.00 1.625 1.603 1.625 662 12/10/2012 3136F9CB7 01066 Federal National Mtg Assn 03/11/2006 2,000,000.00 2,151,660.00 2,000,000.00 4.000 3.945 4.000 953 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2006 1,000,000.00 1,077,610.00 1,000,000.00 4.000 3.945 4.000 969 03/27/2013 3136FHXF7 01127 Federal National Mtg Assn 06/10/2009 1,000,000.00 1,005,630.00 1,000,000.00 2.000 1.973 2.000 662 12/10/2012 3136FHY66 01132 Federal National Mtg Assn 06/03/2009 1,000,000.00 1,000,000.00 1,000,000.00 2.000 1.973 2.000 733 06/03/2012 31396AYN6 01134 Federal National Mtg Assn 07/26/2009 1,000,000.00 1,021,560.00 1,000,000.00 3.000 2.959 3.000 1,457 07/26/2014 3136FJAD3 01140 Federal National Mtg Assn 09/03/2009 1,000,000.00 1,005,310.00 1,000,000.00 2.200 3.519 3.566 655 12/03/2012 31396AZD7 01142 Federal National Mtg Assn 09/21/2009 1,000,000.00 1,001,660.00 1,000,000.00 2.170 2.140 2.170 963 03/21/2013 3136FJFD6 01143 Federal National Mtg Assn 09/26/2009 1,000,000.00 1,002,190.00 1,000,000.00 2.050 2.022 2.050 660 12/26/2012 3136FJHX2 01146 Federal National Mtg Assn 10/26/2009 1,000,000.00 1,003,130.00 1,000,000.00 2.000 1.973 2.000 660 12/26/2012 3136FJNN7 01146 Federal National Mtg Assn 11/16/2009 1,000,000.00 1,015,310.00 1,000,000.00 2.000 1.973 2.000 1,570 11/16/2014 31396AZY1 01149 Federal National Mtg Assn 11/10/2009 1,000,000.00 1,006,130.00 1,000,000.00 3.125 3.062 3.125 1,562 11/10/2014 Portfollo TEME CP Run Date_ 08/26/2010 -15 32 PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2010 Page 5 Average Purchase Stated YTM YTM Daysto Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Subtotal and Average 22,419,354.84 19,000,000.00 19,323,250.00 19,000,000.00 2.643 2.680 970 Federal Agency Bullet Securities 31331YG46 01092 31331Y3P3 01105 31331Y3N6 01111 31331 GF47 01135 31331 GG37 01137 31331 GZ44 01144 3133XRRU6 01101 3133XSWM6 01124 3133XTN65 01125 3133XTXC5 01130 3133XVEM9 01150 3133XVRS2 01151 313569E25 01-2 RESA9 313569E25 01-2 RESB9 313569E25 01-2 SPTAX9 31396AYM6 01139 313569E25 03-02 LC9 313569E25 03-02 RES9 313569E25 03-02 SPTAX9 313569E25 03-04 RED9 313569E25 03-04 RES9 313569E25 03-06 RES9 313569E25 03-06 SPTAX9 313569E25 03-1 RESA9 313569E25 03-1 RESB9 313569E25 03-1 SPTAX9 313569E25 03-3 RES9 313569E25 03-3 SPTAX9 313569E25 66-12 BND9 313569E25 66-12 GENI9 Federal Farm Credit Bank 04/21/2006 2,000,000.00 2,032,500.00 1,993,700.00 2.630 2.703 2.740 263 04/21/2011 Federal Farm Credit Bank 07/15/2006 1,000,000.00 1,035,630.00 996,140.00 3.500 3.514 3.563 426 10/03/2011 Federal Farm Credit Bank 07/30/2006 1,000,000.00 1,030,940.00 999,000.00 3.625 3.610 3.661 346 07/15/2011 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,036,660.00 997,500.00 2.250 2.264 2.316 1,093 07/29/2013 Federal Farm Credit Bank 06/04/2009 1,000,000.00 1,031,250.00 1,000,000.00 2.150 2.121 2.150 916 02/04/2013 Federal Farm Credit Bank 10/15/2009 1,000,000.00 1,017,190.00 1,000,000.00 1.550 1.529 1.550 606 10/15/2012 Federal Home Loan Bank 07/03/2006 1,000,000.00 1,030,940.00 996,570.00 3.625 3.626 3.676 334 07/01/2011 Federal Home Loan Bank 01/23/2009 1,000,000.00 1,023,130.00 1,000,000.00 2.100 2.071 2.100 540 01/23/2012 Federal Home Loan Bank 05/07/2009 1,000,000.00 1,013,440.00 1,000,000.00 1.500 1.479 1.500 463 11/07/2011 Federal Home Loan Bank 06/11/2009 1,000,000.00 1,029,690.00 1,000,000.00 2.250 2.219 2.250 660 06/11/2012 Federal Home Loan Bank 11/04/2009 1,000,000.00 1,016,750.00 1,000,000.00 1.625 1.603 1.625 643 11/21/2012 Federal Home Loan Bank 11/16/2009 1,000,000.00 1,007,500.00 999,750.00 1.000 0.996 1.012 514 12/26/2011 Federal National Mtg Assn 03/01/2010 442,056.67 442,014.66 441,606.99 0.200 0.203 0.206 31 09/01/2010 Federal National Mtg Assn 03/01/2010 203,496.12 203,477.77 203,290.10 0.200 0.203 0.206 31 09/01/2010 Federal National Mtg Assn 03/01/2010 254,253.26 254,227.65 253,993.36 0.200 0.400 0.406 31 09/01/2010 Federal National Mtg Assn 06/10/2009 1,000,000.00 1,021,560.00 991,250.00 1.750 2.024 2.052 740 06/10/2012 Federal National Mtg Assn 03/01/2010 2,644,430.70 2,644,146.26 2,641,523.06 0.200 0.203 0.206 31 09/01/2010 Federal National Mtg Assn 03/01/2010 367.94 367.90 367.56 0.200 0.203 0.206 31 09/01/2010 Federal National Mtg Assn 03/01/2010 660,275.45 660,209.42 659,600.50 0.200 0.203 0.206 31 09/01/2010 Federal National Mtg Assn 03/01/2010 17,765.92 17,764.14 17,747.76 0.200 0.203 0.206 31 09/01/2010 Federal National Mtg Assn 03/01/2010 96,566.21 96,556.55 96,467.50 0.200 0.203 0.206 31 09/01/2010 Federal National Mtg Assn 03/01/2010 336,266.41 336,254.56 337,942.60 0.200 0.203 0.206 31 09/01/2010 Federal National Mtg Assn 03/01/2010 69,595.39 69,566.43 69,524.25 0.200 0.400 0.406 31 09/01/2010 Federal National Mtg Assn 03/01/2010 667,161.16 667,094.46 666,294.73 0.200 0.203 0.206 31 09/01/2010 Federal National Mtg Assn 03/01/2010 223,795.70 223,773.32 223,566.93 0.200 0.203 0.206 31 09/01/2010 Federal National Mtg Assn 03/01/2010 369,636.94 369,799.96 369,440.44 0.200 0.203 0.206 31 09/01/2010 Federal National Mtg Assn 03/01/2010 2,160,331.53 2,160,113.50 2,176,102.75 0.200 0.203 0.206 31 09/01/2010 Federal National Mtg Assn 03/01/2010 407,472.74 407,431.99 407,056.21 0.200 0.400 0.406 31 09/01/2010 Federal National Mtg Assn 03/01/2010 359.52 359.46 359.15 0.200 0.203 0.206 31 09/01/2010 Federal National Mtg Assn 03/01/2010 66,920.10 66,913.21 66,649.65 0.200 0.203 0.206 31 09/01/2010 Subtotal and Average 23,033,643.56 Investment Contracts 95453516-1 66-12 GEN IM IXIS Funding Corp 95453516-1 66-12 RES 2 IXIS Funding Corp 23,065,000.00 23,393,493.48 23,033,643.56 1.494 1.515 369 07/24/1996 500,000.00 500,000.00 500,000.00 5.430 5.509 5.565 2,566 09/01/2017 07/24/1996 1,531,466.76 1,531,466.76 1,531,466.76 5.430 5.509 5.565 2,566 09/01/2017 Subtotal and Average 2,031,468.76 2,031,468.76 2,031,468.76 2,031,468.76 5.509 5.585 2,588 Portfollo TEME CP Run Date_ 08/26/2010 -15 32 PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2010 Average Purchase Stated YTM VTM Days to CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Run Date_ 08/26/2010 -15 32 Total and Average 161,714,492.33 151,126,091.95 151,858,992.78 151,094,735.51 1.013 1.027 214 Page 6 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Cash July 31, 2010 Page 7 Average Balance 0.00 Total Cash and Investments 161,714,492.33 Run Date_ 08/26/2010 -15 32 158, 743,288.71 159,476,189.54 158,711, 932.27 1.013 1.027 214 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 Average Purchase Stated YTM YTM Days to CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 07/01/2010 336,093.60 336,093.60 336,093.60 0.000 0.000 1 4110170261 EDGEDEV TORRY PINES BANK 07/01/2010 2,444,020.47 2,444,020.47 2,444,020.47 0.000 0.000 1 23303600 PCL CONST Wells Fargo Bank 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2010 2,610.00 2,610.00 2,610.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2010 15,079.06 15,079.06 15,079.06 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 4,610,406.13 4,610,406.13 4,610,406.13 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2010 6,765.50 6,765.50 6,765.50 0.000 0.000 1 Average Balance 0.00 Total Cash and Investments 161,714,492.33 Run Date_ 08/26/2010 -15 32 158, 743,288.71 159,476,189.54 158,711, 932.27 1.013 1.027 214 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 Cash and Investments Report CITY OF TEMECULA Through July 31, 2010 Fund Total 001 GENERAL FUND $ 46,491,961.26 100 STATE GAS TAX FUND 240,627.27 101 STATE TRANSPORTATION FUND 1,213,099.88 120 DEVELOPMENT IMPACT FUND 4,572,425.02 150 AB 2766 FUND 509,025.03 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 13,513,361.63 170 MEASURE A FUND 7,178,006.11 190 TEMECULA COMMUNITY SERVICES DISTRICT 1,288,400.73 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 76,363.00 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 637,732.81 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 13,292.39 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 9,903.47 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 207,011.33 197 TEMECULA LIBRARY FUND 1,118,887.99 210 CAPITAL IMPROVEMENT PROJECT FUND 13,574,892.38 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 4,630,926.96 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 1,008,449.20 276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 158,837.38 277 CFD-RORIPAUGH 30,981,127.98 280 REDEVELOPMENT AGENCY - CIP PROJECT 2,316,109.94 300 INSURANCE FUND 759,090.89 310 VEHICLES FUND 940,079.86 320 INFORMATION SYSTEMS 490,250.18 330 SUPPORT SERVICES 334,875.25 340 FACILITIES 205,284.53 370 CITY 2008 COP'S DEBT SERVICE 793,783.66 380 RDA DEBT SERVICE FUND 3,963,853.92 390 TCSD 2001 COP'S DEBT SERVICE 2,968.22 460 CFD 88-12 DEBT SERVICE FUND 4,889,220.34 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,545,010.34 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 2,150,146.94 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 182,582.86 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 4,083,041.26 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 632,087.58 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 8,763,472.00 Grand Total: $ 159,476,189.59 Item No. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: September 14, 2010 SUBJECT: Residential Energy Efficiency Program PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE RESIDENTIAL ENERGY EFFICIENCY PROGRAM (REEP) BACKGROUND: Through the American Recovery and Reinvestment Act (ARRA) of 2009, funds have been made available to cities, counties and states to create jobs and to develop energy efficiency programs. The City of Temecula was allocated $940,700 through the Department of Energy (DOE) Energy Efficiency and Conservation Block Grant (EECBG) to develop an energy efficiency and conservation strategy. The energy efficiency and conservation strategy identified three projects for implementation, one of them being the Residential Energy Efficiency Program. ANALYSIS: The Residential Energy Efficiency Program will make low interest loans available to low and moderate income homeowners to allow homeowners to make energy efficient improvements, thus reducing energy consumption and creating a more comfortable living environment. The program is designed to provide more financial assistance for homes built prior to 1990, as opposed to homes built after 1990; coinciding with the changes to Energy Codes of the California Building Standards. The Program allows for specific types of energy efficiency improvements based on the year the housing unit was constructed. The type of improvements allowed includes but are not limited to: HVAC replacements, window replacements, additional attic insulation, and attic fans. The Residential Energy Efficiency Program will work in conjunction with the Redevelopment Agency Residential Improvement Program, which offers forgivable loans for general interior and exterior home improvements. The coordination of these two programs maximizes funding opportunity for the maintenance and improvement of the aging housing stock within the City of Temecula. The following outlines the provision of the Residential Energy Efficiency Program to be set forth by resolution: Program Objectives - To improve energy efficiency in older homes; - To help homeowners save energy and lower their utility bills; and - Enable homeowners to take energy conservation actions. Eligibility Requirements The City of Temecula may provide Residential Energy Efficiency Loans to property owners within the City who meet the following qualifications: - The owner of single-family homes, townhomes and manufactured homes on permanent foundations; - The property is owner -occupied and the sole residence of the owner; and - The owner's gross annual household income does not exceed that of the Riverside County moderate income established from time to time bythe California Department of Housing and Community Development or the successor State agency providing such determinations. Maximum Energy Efficiency Loan The maximum energy efficiency loan may not exceed $15,000 to qualified homeowners Authoritv of the Citv Manager The City Manager or his designated representative is specifically authorized to establish and approve the 'Residential Energy Efficiency Program Manual' that addresses specific procedures and standards agreements and to approve the Residential Energy Efficiency Loan Agreements. FISCAL IMPACT: None. Energy efficiency loans are fully funded through the Energy Efficiency and Conservation Block Grant (EECBG) program in the amount of $250,000. EECBG funds designated for the Residential Energy Efficiency Program were programmed in the FY 2010- 11 Annual Operating Budget for grant expenditures. ATTACHMENTS: Resolution RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE RESIDENTIAL ENERGY EFFICIENCY PROGRAM (REEP) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council finds, determines and declares that: A. The City of Temecula (the "City") is committed to reducing energy consumption within the community, the reduction of greenhouse gases, and protection of our environment. B. On June 22, 2010, the City Council approved Resolution No. 10-53 adopting the City of Temecula Sustainability Plan, which establishes goals, indicators, targets, and implementation measures for reducing greenhouse gases, conserving energy and water use, reducing waste, planning for growth, and championing emerging technologies. C. The City of Temecula received Energy Efficiency and Conservation Block Grant (EECBG) funds through the American Recovery and Reinvestment Act, and of these funds, has allocated $250,000 for energy efficiency loans for the homeowners within the City of Temecula for energy efficiency improvements. D. The allocation of $250,000 in EECBG funds is consistent with the EECBG Program Guidelines for the maximum funding allowed for energy efficient revolving loan programs. E. Adoption of the proposed Residential Energy Efficiency Program will further the City's goals of reducing energy consumption and will assist persons of low and median income to make energy efficient improvements to their homes. F. The City desires to implement the Residential Energy Efficiency Program Manual to provide information and procedural guidelines for the Program. G. The Residential Energy Efficiency Program is intended to effectuate the objectives of the City, and the State of California in complying with their obligation to a suitable living environment pursuant to California Code Section 65580(a) and the goals and objectives identified in the City's Sustainability Plan. The Residential Energy Efficiency Program and the fulfillment generally of its objectives are in the best interest of the City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable Federal, State, and local laws and requirements. H. The Residential Energy Efficiency Program, as approved by this Resolution, is consistent with the City's General Plan and each element thereof, including without limitation, the City's Open Space/Conservation Element. I. The City Council has duly considered all terms and conditions of the proposed Residential Energy Efficiency Program and believes that the Program is in the best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. Section 2. The City hereby establishes and approves the Residential Energy Efficiency Program ("Program") subject to the following terms: to; A. The primary objectives of the Residential Energy Efficiency Program are 1. Improve energy efficiency in older homes 2. Help homeowners save energy and lower their utility bills 3. Enable homeowners to take energy conservation B. The Program shall be available to borrowers of owner -occupied, single- family homes, townhomes and manufactured homes on a permanent foundation whose income does not exceed that of the Riverside County moderate income established from time to time by the California Department of Housing and Community Development or the successor State agency providing such determinations. C. The City shall provide qualified borrowers a loan secured by a second trust deed on the property in an amount not to exceed fifteen thousand dollars ($15,000.00). D. The loan shall be fixed at five percent (5%) interest, for a term of ten (10) years. E. The loan shall become due and payable in full if the borrower transfers title, ceases to occupy the property as his or her principal residence, refinances with cash taken out. or otherwise defaults on the loan documents. F. The following improvements may be funded under the Residential Energy Efficiency Program: 1. Air Sealing and Weatherizing 2. Attic Vent Fans 3. Whole House Fans 4. Duct Sealing 5. Attic Insulation 6. Wall Insulation 7. Duct Insulation (in unconditioned space) 8. Metallic Attic Water Piping Insulation 9. Radiant Barriers 10. Fireplace Closure (Metal or Glass Doors) 11. Window Shade Screens 12. Exterior Windows (Replacements only, not for newly created windows) 13. Exterior Doors 14. Central Air Conditioner 15. High Efficiency Furnace 16. Evaporative Cooler 17. Water Heater 18. Setback Thermostat 19. Skylights (Upgrades only, no new skylights) G. The following improvements may not be funded under the Residential Energy Efficiency Program: 1. Solar energy systems 2. Swimming pools or spas equipment 3. Room additions 4. Interior/exterior enhancements 5. Window coverings 6. Kitchen or bathroom remodels 7. Landscaping, landscape irrigation, and/or hardscape 8. Compact fluorescent light bulbs H. In cases where the applicant receives a financial incentive or rebate from a utility or other third party for undertaking some or all of the measures in an energy efficiency project, such incentives or rebates shall be deducted from the costs that are eligible for financing. No loans may exceed the final cost incurred by the project. Section 3. The City Manager of the City of Temecula (or his designee), is hereby directed and authorized to: (1) take all actions necessary and appropriate to carry out and implement the Residential Energy Efficiency Program; (2) administer the City's obligations, responsibilities and duties to be performed under the Residential Energy Efficiency Program; (3) approve and implement a "Manual for the Residential Energy Efficiency Program" providing for the administrative directives and regulations necessary and convenient for the implementation of the Residential Energy Efficiency Program in accordance with the provisions of this Resolution; and (4) enter into and execute on behalf of the City all documents necessary and convenient for the implementation of the Residential Energy Efficiency Program, including but not limited to the Promissory Notes, Deeds of Trust, Regulatory Agreements, acceptances, escrow instructions, certificates of completions and such other implementing agreements and documents as contemplated or described in the Manual. Section 4. This Resolution shall be effective upon its adoption and shall be applicable to all applications for loans under the Residential Energy Efficiency Program submitted after this date. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14 day of September, 2010. Jeff Comerchero, Mayor I_T40r:61n Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14 day of September, 2010, by the following vote: IG\'Ix.�K�1�101[NlN dil:1dil:l:1:63 1►to] x.�Ko1l1►NJlNd/IAdd.JA:&I ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 14, 2010 SUBJECT: Award a Contract for Maintenance of Caltrans Landscape Improvements Adjacent to the Civic Center and Parking Structure, Project No. PW06-07 PREPARED BY: Amer Attar, Principal Engineer David McBride, Senior Engineer RECOMMENDATION: That the City Council: Award a contract for Project No. PW06-07, Maintenance of Caltrans Landscape Improvements Adjacent to the Civic Center and Parking Structure, to TruGreen Landcare in the amount of $86,130. 2. Authorize the City Manager to approve change orders up to $8,613, which is 10% of the contract amount. 3. Confirm the findings that this maintenance work is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On July 13, 2010, City Council approved the plans and specifications and authorized staff to solicit bids from for maintenance of landscape improvements constructed adjacent to the Civic Center and Parking Structure for a five year period in accordance with our existing agreement with Caltrans. On Thursday, August 10, 2010, three bids were formally submitted, opened and publicly read aloud. The results were as follows: 1. TruGreen Landcare * $ 86,130 2. Pacific Restoration Group, Inc. $ 86,325 3. Clean Cut Landscape* $110,240 * TurGreen Landcare's extension of unit prices increased their total bid amount by $100, Clean Cut Landscape's extension of unit prices decreased their total bid by $2,160 and neither correction changed the respective bidders' ranking. The Engineer's Estimate for the project was $115,000. Maintenance of these improvements will extend through June of 2015, after which Caltrans will accept responsibility for maintenance. Staff has reviewed the bid proposals and found TruGreen Landcare to be the lowest responsible bidder. Trugreen Landcare has the appropriate contractor's license, has extensive experience with projects of this size & scope and their references report good experiences with their services. In 2008, both the Civic Center and Parking Structure were determined to be within area previously used for residential purposes, therefore there is no new disturbed area subject to Multiple Species Habitat Conservation Plan (MSHCP) fees. Similarly, the portion of Caltrans right ofwaywhere these new landscape improvements were constructed was previously disturbed for construction of Interstate 15 and landscaping. Since no new disturbance was undertaken for construction or for maintenance these new landscaping, the work under this contract is exempt from MSHCP fees. FISCAL IMPACT: The Civic Center project is capital improvement project funded by Capital Project Reserves, Certificates of Participation, Development Impact Fees for Corporate Facilities and Public Art. Adequate funds are available in the projects accounts for this $94,743 contract, which includes the contract amount of $86,130 and a ten percent contingency of $8,613. ATTACHMENTS: 1. Project Location 2. Project Description 3. Contract CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PWO6-07(D) Maintenance of Caltrans Landscape Improvements September 2010 through June 2015 THIS CONTRACT, made and entered into the 14`h day of September, 2010 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY', and TruGreen Landcare, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW06-07(D), Maintenance of Caltrans Landscape Improvements September 2010 through June 2015, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications ,(latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW06-07(D), Maintenance of Caltrans Landscape Improvements September 2010 through June 2010. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW06-07(D), Maintenance of Caltrans Landscape Improvements September 2010 through June 2015. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed C-1 977726 and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW06-07(D), Maintenance of Caltrans Landscape Improvements September 2010 through June 2015 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: Eighty Six Thousand One Hundred and Thirty DOLLARS and No CENTS ($ 86,130.00), the total amount of the base bid. CONTRACTOR agrees to complete the work within the contract period ending on July 1, 2015, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. C-2 977726 B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. C-3 977726 PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://vwvw.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, DISTRICT, and/or AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an C-4 977726 affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. C-5 977726 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Greg Butler Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula. CA 92589-9033 Street Address: Greg Butler Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula. CA 92590-3606 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-694-6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand -deliveries ONLY: Greg Butler Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula. CA 92590 C-6 977726 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR TruGreen Landcare 770 Metcalf Street Escondido, CA 92025 Phone: (760) 747-1174 m Brett Horan, Branch Manager Mark Wesel, Region Manager (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney m C-7 Jeff Comerchero, Mayor 977726 CIVIC CENTER Infrastructure Project Location NO 92 CIVIC CENTER Infrastructure Project Project Description: Design and construct an approximately 93,000 square -foot, three story City Administrative Building and Council Chambers, along with a 3,500 square -foot Community Room. The project will be located on City owned parcels located near the intersection of Mercedes and Main Street in Old Town. Benefit: Project will continue to promote the revitalization of Old Town and provide a permanent facility for administrative staff through build -out. Project Status: This project is estimated to be complete by Fall of 2010. Department: Planning/ Public Works—Account No. 210.165.751 Priority: Actuals Future Total Project Project Cost: to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Cost Administration $ 400,122 $ 1,074,262 $ 1,474,354 Acquisition $ 25,500 $ 56,200 $ 52,000 Construction $15,592,053 $15,956,470 $ 34,848,523 Construction Engineering $ 366,733 $ 63,636 $ 430,369 Design $ 4,736,600 $ 484,400 $ 5,221,000 Fixtures/Furn/Equip $ 1,199,844 $ 3,324,076 1 $ $ $ $ $ $ 4,523,920 Utilities $ 307,564 $ 2,436 $ 310,000 Totals $22,928,716 1 $23,961,480 1 $ $ $ $ $ $ 46,890,196 Actuals Future Total Project Source Of Funds: to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Cost Capital Project Reserves $ 7,024,788 $15,691,206 $ 22,715,994 COPs $15,883,928 $ 7,450,274 $ 23,334,202 DIF (Corporate Faciltiies) $ 800,000 $ 800,000 DI F (Public Art) $ 20,000 $ 20,000 $ 40,000 Total Funding: $22,928,716 1 $23,961,480 1 $ $ $ $ $ $ 46,890,196 Future Operation & Maintenance Costs: 2010-11 2011-12 2012-13 2013-14 2014-15 $900,000 1 $900,000 1 $900,000 1 $900,000 1 $900,000 93 Item No. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 14, 2010 SUBJECT: Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement for the French Valley Parkway/1-15 Overcrossing & Interchange Project PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: 1. Approve the attached TUMF Reimbursement Agreement between the Western Riverside Council of Governments (WRCOG) and the City of Temecula for the French Valley Parkway/1-15 Overcrossing & Interchange Project (06 -SW -TEM -1070); and 2. Authorize the City Manager to execute the Agreement. BACKGROUND: The proposed French Valley Parkway/1-15 Overcrossing & Interchange Project provides for the construction of a new freeway interchange, auxiliary lanes, and collector/distributor system between the existing Winchester Road Interchange and the 1-15/1-215 junction on the border of the cities of Temecula and Murrieta. The project is recognized as an east - west regionally significant TUMF network facility, and the 1-15 is a major north -south freeway facility that is part of the part of the National Highway System. The new interchange will correct operational and merging problems on the 1-15, reduce congestion on the freeway and local arterials, and significantly improve motorist safety. The French Valley Parkway/1-15 Overcrossing & Interchange Project is identified in the 2010 Southwest Zone 5 -Year Transportation Improvement Program. On August 2, 2010 the WRCOG Executive Committee approved a TUMF Reimbursement Agreement between WRCOG and the City of Temecula in the amount of $2,650,000 for the Project Approval/Environmental Documentation (PA&ED) phase of the project. FISCAL IMPACT: Upon City Council approval of the Agreement, the City may submit invoices to WRCOG for the reimbursement of TUMF funds up to $2,650,000 for costs associated with the PA & ED phase of the French Valley Parkway/1-15 Overcrossing & Interchange Project ATTACHMENTS: 1. TUMF Reimbursement Agreement (06 -SW -TEM -1070) County of Riverside • City of Banning • City of Beaumont • City of Colimeso • City of Canyon Lake • City of Corona • City of Hemet • City of Lake Elsinore City of Menifee • City of Moreno Valley • City of Murrieta • City of Norco • City of Perris • City of Riverside • City of San Jacinto • City of Temecula City of Wildomor • Eastern Municipal Water District • Western Municipal Water District RECEIVE® August 4, 2010 { 1 1 4010 CITY MRNACER'S Shawn D. Nelson OFFICE City Manager City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Subject: Reimbursement Agreement for 06 -SW -TEM -1079 French Valley Parkway/1-15 Overcrossing and Interchange Project Dear Mr. N on, Enclosed are two (2) originals of the above referenced Reimbursement Agreement adopted by the WRCOG Executive Committee on August 2, 2010, and approved by Legal Counsel for you to sign. Please return one (1) signed original Agreement to my attention for final execution. Reimbursement Agreement: • French Valley Parkway/1-15 Interchange Overcrossing and Interchange Project for PA&ED ($2,650,000 in TUMF funds) We look forward to receiving one (1) original signed copy of the agreement soon. If you have any questions, please feel free to contact me by phone at (951) 955-8304 or by e-mail at berger(@wrcog.cog.ca.us or Alex Serena by phone at (951) 955-8307 or by e-mail at serena(a)wrcog. coq. ca. us. Sincerely, i ty Executive Director Enclosures 1. 06 -SW -TEM -1079 French Valley Parkway/1-15 Interchange Overcrossing and Interchange Reimbursement Agreement cc: Greg Butler, Director of Public Works Project file f -f. rl v,;kr . .Cove! 'f'. Pai `0 y arise f a -r 3r;r r t e c 4080 Lemon Street, 3rd Floor Annex, MS 1032 • Riverside, CA 92501-3609 • (951) 955-7985 • Fox (951) 787-7991 • w xwrcog.cog.ca.us 06 -SW -TEM -1079 TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM REIMBURSEMENT AGREEMENT FRENCH VALLEY PARKWAY/I-15 PA&ED THIS REIMBURSEMENT AGREEMENT ("Agreement") is entered into as of this day of 2010, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ("WRCOG"), a California joint powers authority and CITY OF TEMECULA, A CALIFORNIA MUNICIPAL CORPORATION. WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County ("TUMF Program"). B. WRCOG has identified and designated certain transportation improvement projects throughout Western Riverside County as projects of regional importance ("Qualifying Projects" or "Projects"). The Qualifying Projects are more specifically described in that certain WRCOG study titled "TUMF Nexus Study", as may be amended from time to time. Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study. C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, "TUMF Program Funds"). TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects. D. The AGENCY proposes to implement a Qualifying Project, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Qualifying Project. This Agreement is intended to distribute TUMF Program Funds to the AGENCY for FRENCH VALLEY PARKWAY/1-15 OVERCROSSING AND INTERCHANGE PROTECT (the "Project"), a.Qualifying Project. A description of the Project, its implementation schedule, a detailed scope of work and the AGENCY's estimated project cost thereof, is more particularly described in Exhibit "A" attached hereto and, pursuant to Section 19 below, is subject to modification as requested by the AGENCY and approved by WRCOG. It is understood and agreed that the AGENCY shall expend TUMF Program Funds only as set forth in the Agreement and only for the Project. To Page 1 of 24 06 -SW -TEM -1079 this end, any use of the funds provided pursuant to this Agreement shall be subject to the review and approval of WRCOG. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed TWO MILLION, SIX HUNDRED FIFTY THOUSAND DOLLARS ($2,650,000), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study ("Maximum TUMF Share"), as may be amended from time to time. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit "A" ("Scope of Work"): (1) AGENCY and/or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (10) any AGENCY administrative cost to deliver the Project, except as specified in Section 4 below. 4. Ineligible Project Costs. The Total Project Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit "A". 5. Procedures for Distribution of TUMF Program Funds to AGENCY. (a) Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly. (b) Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the. Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG Page 2 of 24 06 -SW -TEM -1079 to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Executive Director. The WRCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director's decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director's written decision. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit `B", attached hereto. (c) Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG. 6. Increases in Project Funding, The Funding Amount may, in WRCOG's sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG's Executive Director. In no case shall the amount of TUMF Program Funds allocated -to the AGENCY exceed the then -current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRCOG's Executive Director which shall be communicated to the AGENCY in writing. 7. No Funding for Temporary Improvements. Only segments or components of the construction that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads; curbs, tapers or drainage facilities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project. 8. AGENCY's Funding Obligation to Complete the Project. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project. 9. AGENCY's Obligation to Repay TUMF Program Funds to WRCOG. In the event that: (i) the. AGENCY, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. Page 3 of 24 06 -SW -TEM -1079 10. Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii) termination of this Agreement pursuant to Section 14; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 11. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Shawn D. Nelson, City Manager, or his or her designee, as the AGENCY's representative to WRCOG. The.AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 12. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 13. Review of Services. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 14. Termination. (a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss; in good faith, the manner in which the breach can be cured. (b) Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall; within 180 days, repay to WRCOG any unexpended TUMF Program Funds provided to the AGENCY under this Agreement and shall complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and Page 4 of 24 06 -SW -TEM -1079 requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which TUMF Program Funds have been provided. (c) Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 15. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 16. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. 17. Indemnification. (a) AGENCY Responsibilities. In addition to the indemnification required under Section 15, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY. (b) WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. (c) Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by Page 5 of 24 06 -SW -TEM -1079 the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 18. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. (a) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: (i) Name WRCOG and AGENCY, and their respective officials; officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; (ii) Be primary with respect to any insurance or self insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and (iii) Contain standard separation of insured provisions. (b) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. (c) - Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals. (d) Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 19. Project Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG's Representative, which approval will not be unreasonably withheld, provided that extensions of Page 6 of 24 06 -SW -TEM -1079 time for completion of the Project shall be approved in the sole discretion of WRCOG's Representative. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable; but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 20. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG 'shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 22. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit. 23. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 25. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 26. Time of Essence. Time is of the essence for each and every provision of this Agreement.. Page 7 of 24 06 -SW -TEM -1079 27. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 28. Public Acknowledgement. The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds. 29. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 30. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation. 31. Notices. All notices hereunder and communications regarding interpretation of; the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 ATTN: Shawn D. Nelson, City Manager Telephone: (951) 694-6440 Facsimile: (951) 694-6475 If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Deputy Executive Director Telephone: (951) 955-7985 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid; return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 32. Integration: Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. Page 8 of 24 06 -SW -TEM -1079 33. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 34. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 35. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 36. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. (Signatures Follow on Next Page) Page 9 of 24 06 -SW -TEM -1079 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above -written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: P4 -c (�' Date: D -10'2010 By: Date: Rick Bishop Shawn D. Nelson Executive Director City Manager APPROVED AS TO FO By: \,Q, Z'� WRCOG Legal Counsel Page 10 of 24 06 -SW -TEM -1079 EXHIBIT "A" SCOPE OF WORK The French Valley Parkway/1-15 Overcrossing and Interchange Improvement Project provides for the construction of a new freeway interchange on I-15 between the existing Winchester Road Interchange and the 1-15/I-216 junction on the border of the cities of Temecula and Murrieta. This proposal utilizes a partial cloverleaf interchange at French Valley Parkway, with loop on - ramps and direct off -ramps in the northwest and southeast quadrants, and direct on -ramps in the southwest and northeast quadrants. Arpptl t /`F ' mum eta", Project Location � t � \ \\\>9\l ' Temecula � i.S 5 \Wp➢ The Scope of Work covered under this Agreement is limited to Project Approval/Environmental Documents (PA & ED). TUMF Program Funds shall be provided under this Agreement for eligible PA & ED expenses only, and for no other Project phases. • Project Approval/Environmental Documents (PA & ED): This project is subject to the requirements of the California Environmental Quality Act (CEQA) and National Page 11 of 24 06 -SW -TEM -1079 Environmental Policy Act (NEPA). Work activities include record searches, field surveys and measurements, and analyses necessary to prepare technical reports such as the Floodplain Evaluation Report Summary, Flood Plain and Scour Analysis Report, Historic Property Survey Report, Air Quality Conformity Analysis, Initial Site Assessment, Relocation Impact Study, Natural Environment Study Report, Visual Impact Assessment, Air Quality Technical Report, Phase I Environmental Assessment, Paleontological Evaluation Report and Mitigation Plan, Traffic Operations Analysis, Socioeconomics Analysis, Paleontologic Identification Report, and Noise Technical Study. Preliminary engineering work includes alternatives analysis, geotechnical investigation, and preparation of the Project Study Report, Project Report, New Connection Report, and Fact Sheets. The following scope of work for the remaining phases of the Project, including Right -of -Way and Construction, and the cost estimates and schedule for these additional phases (included in Exhibits "A-1" and "A-2") is provided for informational purposes only. Notwithstanding any other provision of the Agreement, no funding shall be provided hereunder for these additional phases. Preliminary Engineering and Design (PS&E): Develop topographical maps from aerial photogrammetry and ground surveys. Locate existing utilities and coordinate preparation of relocation/protection plans with utility companies. Conduct subsurface geotechnical investigations and analyses. Perform hydrology/hydraulic studies and structural calculations. Design and prepare the construction Plans, Specifications, and Estimate. Right of Way: Develop existing property lines from recorded maps and field surveying. Determine project right of way requirements for acquisitions, easements, temporary construction easements, and impacts to existing improvements. Obtain title reports, perform appraisals, and negotiate settlement. Perform relocation assistance including research for comparable properties and engineering for individual site revision plans and construction. Construction: Advertise, award, and administer the construction contract. Coordinate utility relocations. Perform Construction Management, Quality Assurance, and Quality Control. Page 12 of 24 06 -SW -TEM -1079 EXHIBIT "A-1" ESTIMATE OF COST The funding sources for the French Valley Parkway/I-15 Interchange and Overcrossing are as follows: PHASE LOCAL/CITY TUMF Zone Project Totals PA &ED 0 $2,650,000 $2,650,000 PS&E $500,000 $8,925,000 $9,425,000 Right of Way $15,914,000 0 $15,914,000 Construction $15,714,000 $46,500,000 $62,214,000 Total $32,128,000 $58,075,000 $90,203,000 Exhibit A — 1-13 Page 13 of 24 06 -SW -TEM -1079 EXHIBIT "A-2" PROJECT SCHEDULE • Project Apyroval/Environmental Documents (PA &ED) Phase: The Project Report, Final Initial Study [with Mitigated_ Negative Declaration] / Environmental Assessment with Finding of No Significant Impact, and New Connection Report have been prepared and approved by the City of Temecula, Caltrans, and/or Federal Highway Administration. • Preliminary Engineering and Design (PS&E) Phase: Preliminary Engineering, in the form of the approved Geometric Approval Drawing (GAD), is approximately 30% complete. Horizontal and vertical alignments are locked in. • Right of Way: Development of existing property lines is complete. Based on Preliminary Engineering, approximately 34 properties have been identified which will be impacted by the project. Relocation assistance has been initiated for, two properties. • Construction: No construction activities have been initiated. Estimated or Actual Completion Date JAN 2010 MAR 2013 MAR 2013 AUG 2015 Exhibit A — 2-14 Page 14 of 24 06 -SW -TEM -1079 Elements of Compensation EXHIBIT `B" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit `B-1" into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs. 2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG's Executive Director with a copy to WRCOG's Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit `B-2". 3. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 5 1 day of the month in order to process the invoice with in 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits `134" and `B-5". All documentation from the Agency's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit `B-3". 5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit `B" and its attachments. 6. Charges for each task and milestone listed in Exhibit "A" shall be listed separately in the invoice. 7. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows: Exhibit B-15 Page 15 of 24 06 -SW -TEM -1079 "I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. Signed Title Date Invoice No. 8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice. If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid. 9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG. Exhibit B-16 Page 16 of 24 06 -SW -TEM -1079 EXHIBIT `B-1" [Sample for Professional Services] For the satisfactory performance and completion of the Services under this Agreement, Agency will pay theContractorcompensation as set forth herein. The total compensation for this service shall not exceed (�'=INSERT WRl`] TEN=,.;:DOLLAR -'AMOUNT_)' NUMERICAL bQLLAR AMOUNTL without written approval of Agency's City Manager [or applicable position] ("Total Compensation"). 1. ELEMENTS OF COMPENSATION. Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs. 1.1 DIRECT LABOR COSTS. Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows: 1.1.1 DIRECT SALARY COSTS Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.) 1.1.2 MULTIPLIER The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is and is the sum of the following components: 1.1.2.1 Direct Salary Costs 1.1.2.2 Payroll Additives The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations. 1.1.2.3 Overhead Costs Exhibit B-1-17 Page 17 of 24 06 -SW -TEM -1079 The Decimal Ratio of Allowable Overhead Costs to the Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2. Total Multiplier (sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3) 1.2 FIXED FEE. 1.2.1 The fixed fee is 1.2.2 A pro -rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice. 1.3 ADDITIONAL DIRECT COSTS. Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost. Rates for identified Additional Direct Costs are as follows: ITEM REIMBURSEMENT RATE [—insert charges_j Per Diem $ /day Car mileage $ /mile Travel $ /trip Computer Charges $ /hour Photocopies $ /copy Blueline $ /sheet LD Telephone $ /call Fax $ /sheet Photographs $ /sheet Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency's office must have Agency's prior written approval to be reimbursed under this Agreement. Exhibit B71-18 Page 18 of 24 2. 3. 06 -SW -TEM -1079 DIRECT SALARY RATES Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following: 2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1. 1.2 above. 2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation. The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change. POSITION OR CLASSIFICATION [sample�j Principal Project Manager Sr. Engineer/Planner Project Engineer/Planner Assoc. Engineer/Planner Technician Drafter/CADD Operator Word Processor RANGE OF HOURLY RATES $ .00-$ .00/hour $ .00-$ .00/hour $ .00-$ .00/hour $ .00-$ .00/hour $ .00-$ .00/hour $ .00-$ .00/hour $ .00-$ .00/hour $ .00-$ .00/hour 2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal. INVOICING. 3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator. 3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative. 3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice. Exhibit B-1-19 Page 19 of 24 06 -SW -TEM -1079 3.4 . A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc. 3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date. 3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice. 3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows: I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed. Signed Title Date Invoice No. 4. PAYMENT 4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid. 4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment. Exhibit B-1-20 Page 20 of 24 06 -SW -TEM -1079 EXHIBIT B-2 Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor . Riverside, California 92501-3679 Attention: Deputy Executive Director ATTN: Accounts Payable Re: Project Title - Invoice #_ Enclosed for your review and payment approval is the AGENCY'S invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure "A" Local Streets and Roads Funding per Agreement No. effective (Month/Day/Year) The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year Total Authorized Agreement Amount: $0,000,000.00 Total Invoiced to Date: $0,000,000.00 Total Previously Invoiced: $0,000,000.00 Balance Remaining: $0,000,000.00 Amount due this Invoice: $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed. By: Name Title cc: Exhibit B-2-21 Page 21 of 24 06 -SW -TEM -1079 EXHIBIT B-3 Sample Letter from Contractor to AGENCY Month/Date/Year Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Deputy Executive Director Attn: Accounts Payable Invoice For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX -XX -XXX effective Month/Date/Year . Invoice period covered is from Month/Date/Year to Month/Date/Year . Total Base Contract Amount: Authorized Extra Work (if Applicable) TOTAL AUTHORIZED CONTRACT AMOUNT: Total Invoice to Date: Total Previously Billed: Balance Remaining: Amount Due this Invoice:. $000,000.00 $000,000.00 1.111 111 11 $000,000.00 $000,000.00 $000,000.00 $000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed, By: Name Title Exhibit B-3-22 Page 22 of 24 rs EXHIBIT B-4 SAMPLE TASK SUMMARY SCHEDULE (OPTIONAL) Exhibit B-4-23 Page 23 of 24 06 -SW -TEM -1079 EXHIBIT B-5 Sample Progress Report REPORTING PERIOD: Month/Date/Year to Month/Date/Year PROGRESS REPORT: #1 A. Activities and Work Completed during Current Work Periods TASK 01 — 100% PS&E SUBMITTAL 1. Responded to Segment 1 comments from Department of Transportation 2. Completed and submitted Segment 1 final PS&E B. Current/Potential Problems Encountered & Corrective Action Problems Corrective Action None None C. Work Planned Next Period TASK 01 — 100% PS&E SUBMITTAL 1. Completing and to submit Traffic Signal and Electrical Design plans 2. Responding to review comments Exhibit B-5-24 Page 24 of 24 Item No. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 14, 2010 SUBJECT: Authorize Temporary Partial Street Closures for the "Race for the Cure" Event October 17, 2010, in the Promenade Mall area (Winchester Road, Margarita Road, and other related streets) PREPARED BY: Mayra De LaTorre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council receive and file the following proposed action by the City Manager: Temporarily close portions of Winchester Road, Margarita Road and other related streets for the: `2010 RACE FOR THE CURE EVENT' BACKGROUND: The Susan G. Komen Breast Cancer Foundation/Temecula Chapter has applied for permission to close portions of public streets in order to hold the Inland Empire Race for the Cure event on Sunday, October 17, 2010, within and around the Promenade Mall area. Coordination for the activities on the Promenade Mall site has been negotiated with the Mall Site Management. A number of sponsors are supporting this event. The affected public streets, including Winchester Road and Margarita Road will require partial closures on the event date. Certain private roads including the Mall Ring Road will also be partially or fully closed for the event. Provisions for traffic movement along the race route and abutting streets have been reviewed and revised to meet traffic concerns along both major traffic routes and neighboring residences and businesses during the proposed event period. The race route begins at the starting line located on the Mall Ring Road between Macy's North and JC Penny, proceeds east to Promenade Mall West, then north to Winchester Road. The route then proceeds easterly along Winchester to Margarita Road. From Margarita Road the route proceeds southerly to a u -turn at Solana Way, returning northerly on Margarita Road to Mall Entrance at Verdes Lane, westerly to Mall Ring Road, to the finish line located in the parking lot at JC Penny. The following summarizes the extent of street closures for Sunday October 17, 2010. The road closures are from 5:00 AM to 2:00 PM: Winchester Road — Winchester Road between Ynez Road and Margarita Road will be partially closed. The two eastbound lanes closest to the south curb will be closed. Margarita Road - Margarita Road, between Winchester Road and Solana Way will be partially closed. The two (2) southbound lanes will be closed. Overland Drive — Access to Overland Drive from Margarita Road will be closed. Nicole Lane — Access to Nicole Lane from Margarita Road will be closed. N. General Kearney Road — (Private portion) — N. General Kearney Road between Margarita Road and the Mall Road will be closed to traffic access from Margarita Road. Mall Ring Road (Private Street) —AII lanes of the Mall Ring Road, between Verde Lane and Promenade Mall West will be closed for the event. Verdes Lane (Private Street) — All lanes of Verdes Lane between Margarita Road and the Mall Road will be closed. Promenade Mall East (Private Street) — All lanes of Promenade Mall East between Winchester Road and the Mall Road will be closed. Promenade Mall West (Private Street) — All lanes of Promenade Mall West between Winchester Road and the Mall Road will be closed for the event. Under Vehicle Code Section 21101, "Regulation of Highways", local authorities, forthose highways under their jurisdiction, may adopt rules and regulations byordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these special events. The basic race course is attached hereto. The approved traffic control plans will more effectively allow the movement of traffic in and to the Promenade Mall and other businesses in the adjoining areas, the residential neighborhoods, and the Solana Ridge Apartments. FISCAL IMPACT: Costs for City services have been provided for in the City budget in accordance with the funding agreement with the Inland Empire affiliate of the Susan G. Komen Breast Cancer Foundation. ATTACHMENTS: 1. Race Course Map r r Ca �' FXPOAI START UNf� J' e a 0 FLNKYLLNI PROMENADE MALL aw uuy L OVERLAND 1 fl) o\�Vsa\0. ,0 SUSAN G. KOMEN OCE FOR THE CURE - 2010 Item No. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 14, 2010 SUBJECT: Authorize Temporary Street Closures for the 2010 Temecula Fall Rod Run Event (Old Town Front Street, between Moreno Road and Second Street, and other related streets) scheduled for the 8th and 9th of October, 2010 PREPARED BY: Mayra De LaTorre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council receive and file the following proposed action by the City Manager: Temporarily close Old Town Front Street and other related streets for the `2010 TEMECULA FALL ROD RUN EVENT' BACKGROUND: The 2010 Temecula Fall Rod Run Event necessitates the physical closure of certain streets in the Old Town area, and related detouring, to accommodate and provide the "Street Scene" ambience that allows the free movement of pedestrian traffic by minimizing potential vehicular -pedestrian conflicts. This year's Temecula Fall Rod Run Event sponsors propose street closures as follows: Old Town Front Street between Moreno Road (E) to Second Street from 1:30 pm to 8:30 pm on Friday October 8th 2010, and from 5:30 am to 4:30 pm on Saturday, October 9th, 2010. Sixth Street, Fifth Street, Fourth Street, Main Street, and Third Street will be closed between Mercedes Street and Murrieta Creek. North -south traffic will be detoured around the event via Mercedes Street. Access is provided to handicap parking lots located at Sixth Street and Mercedes Street, and First Street at Old Town Front Street. Show car parking will be at designated parking lots and along both sides of Old Town Front Street as shown on the attached Location Map. The Old Town Parking Garage will be open with ample free parking available to the public. The entire length of Mercedes Street will open for the duration of the event starting Friday, October 8th at 4:OOpm. Access to the parking garage during the Rod Run from the north will be via Moreno Road to Mercedes Street and from the south via Old Town Front Street to Second Street to Mercedes Street. The event will also require the closure of Main Street between Old Town Front Street and the Main Street Bridge. Provisions have been included to ensure public access and public parking at the Children's Museum during the road closure. The event will require assistance from the Public Works Department by providing support services for the street closure and public safety monitoring. Under Vehicle Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these special events. FISCAL IMPACT: The costs for provision, placement, and retrieval of necessary warning, advisory, and barricade devices by the Department of Public Works are included in budgetary items. ATTACHMENTS: 1. Location Map � m2el8 _-.- I l-�- ~~ ae�2)2 \\�\\)■`\\ f}\:0 f±\} Item No. 10 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/ City Engineer DATE: September 14, 2010 SUBJECT: Acceptance of Improvements and Notice of Completion for the Road and Storm Drain Repair at Rancho California Road, Project No. PW09-08 PREPARED BY: Amer Attar, Principal Engineer — Cl P Jon Salazar, Associate Engineer - CIP RECOMMENDATION: That the City Council: Accept the construction of the Road and Storm Drain Repair at Rancho California Road, Project No. PW 09-08, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; and 3. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On June 22, 2010, the City Council awarded a construction contract to ATOM Engineering in the amount of $45,359.00 to complete the Road and Storm Drain Repair at Rancho California Road, Project No. PW 09-08. The work for Road and Storm Drain Repair at Rancho California Road project consists of removal of pipe debris, preparation of the interior surface of the corrugated metal pipe, and installation of a reinforced concrete pipe liner. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works. All work will be warranted for a period of one (1) year from August 17, 2010, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Road and Storm Repair at Rancho California Road, Project No. PW 09-08 is identified in the City's Capital Improvement Program, Fiscal Year 2009-2010 and is funded with Proposition 1B- Transportation Bond/Local Street & Roads, funds. The base amount of the construction contract was $45,359.00; there were no contract change orders. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to ATOM Enaineerina, 40410 Vista Road, Hemet, CA. 92544 to perform the following work of improvement: ROAD AND STORM DRAIN REPAIR AT RANCHO CALIFORNIA ROAD, PROJECT NO. PW 09-08 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on September 14, 2010. That upon said contract the First National Insurance Company of America was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: ROAD AND STORM DRAIN REPAIR AT RANCHO CALIFORNIA ROAD, PROJECT NO. PW 09-08 6. The location of said property is: Rancho California Road between Hope Way and Via Las Colinas, Temecula, California 92592. Dated at Temecula, California, this 14th day of September, 2010. City of Temecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones MMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 14h day of September, 2010. City of Temecula Susan W. Jones MMC, City Clerk CAProgram FilesW eevia. ComUo cum ent ConverterkempA911132. do BOND NUMBER 6708027 RECEIVED PC, WY 2 7 T OF T ECULA, PUBLIC WORKS DEPARTMENT iVY OF , tMECULA MAINTENANCE BOND WORKS DEPARTMENT I FOR PROJECT NO. PW09-08 ROAD AND STORM DRAIN REPAIR AT RANCHO CALIFORNIA ROAD KNOW ALL PERSONS BY THESE PRESENT THAT: ATOM ENGINEERING CONSTRUCTION, 40410 VISTA RD., HEMET CA 92544 NAME AND ADDRESS CONTRACTOR'S a PARTNERSHIP , hereinafter called Principal, and (f#1 in whether C"mffon, PadrwslNp orMNidueq FIRST NATIONAL INSURANCE COMPANY OF AMERICA, 333 CITY BL WEST STE 300, ORANGE, CA 92868 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum Of FOUR THOUSAND FIVE HUNDRED THIRTY-FIVE DOLLARS and 90 CENTS ($4,535.90 - - - ) in lawful money of the United States, said sum ging not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 22nd day of JUNE 2010 , 79008; a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW09- 08, ROAD AND STORM DRAIN REPAIR AT RANCHO CALIFORNIA ROAD. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on AUGUST 24� , 2010. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void.. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be Included, including reasonable attorney's fees incurred by the. City of Temecula in successfully enforcing this obligation, all :to be taxed as costs and included in any judgment rendered. .... :. : MAINTEN"E BOND .. .. .. - M-7 lmB&SKI& k9b wrl5}en The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 25th day of AUGUST 2010. (Seal) SURETY FIRST NATIONAL INSURANCE COMPANY OF AMERICA By: MIC L D. STO (Name) ATTORNEY—IN—FACT (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attomey PRINCIPAL TENGINEERING CONSTRUCTION /94 By: (Nei) l�Y�f� (Ttle) (Name) (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures MAINTENANCE BOND I M-2 K!l01tPHJECM009M9948 80 tow i Swo Emil 404spw CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �..�nv..Ny�m•_y ?ai!0i:yi,.y3 at_.>tn<fy a .��_ `nNne'v�5 'nYv,tnYa :n<^n< ., ,N yi!re:_v�<_w State of California 1 County of Riverside Il On �tt��nZln ac,t1N before me, Terra Cox Nota Public D816 r Hero Iruert Hems ena tle of me oikii, personally appeared 01 11 J. COXJ. COX CNNy Patio • iN141MI NNMy Publle ' CMMorolo Rhsnbo County My Comm. EWno Jul t0 2011 who proved to me on the basis of satisfactory evidence to be the person(s)_whose name(s)_is/arer subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in histw4heir-authorized capacity(iss) and that by his/herAheir signature(&) -on the instrument the persons} -or the entity upon behalf of which the person("cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Piece Hoary Seal Acme Signature—k::;� 3pnebro of Ndary P OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Oas1C) Number of Pages: a Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: C Individual 49=Corporate Officer—Title(s): — artner — ❑ Limited 1peneral Cr Attorney in Fact r ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Signer's Nat ❑ Individual ❑ Corporate Officer—Title(s): _ O Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here ®2001 Netlmel Nohry Aasocletlon•fg50 f1a bob Ave.,P.dem 2M2•Cheteworm, CA 01318-2Nce•eww,NatlaetlNdaryp0 IYm NBBP/ Raonlw:CeIITdFFroe t -000816a871 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 345 before me, R. NAPPI "NOTARY PUBLIC" (Here insert creme and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the persortWwhose nameto is/are subscribed to the within instrument and acknowledged to me that he/she#hey executed the same in his/ketiltheir authorized capacity(.ies�„ and that by his/Hed4i#ir signature(aron the instrument the persodW, or the entity upon behalf of which the persongacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. R. NAPPI H COMM. #1796916 g NOTARY PUaLIC-CALIFORNIA em RNERa1DE COUNTY Signcoae of Novy Public (Notary Seal) MY Comm• Erpkes June ), 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or description ofanacbed document) (fide or deacriplion of attached document continued) Number of Pages_ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Tide) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 2008Venion CAPAv12.10.07800-873-9965 www.NoaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknorledgmem complmed In CalforWa mini commit, verbiage esacth• as appears above in the notary section or a separore acknovkdgm ent form mast be properly completed and Watched as that document. 77se only exception le if a document is w be recorded onside of Califa iia In such taramnes, any alternative ocMwn•kdgaou verbiage as may be pined on such a document so long as the verbiage does not require the nermy to do something dot Is illegal for a armory in CaliJaruf r (lee. certifylrrit the authori_ed capacity of the signer). Please check she document care;% h•fw proper nontrial warding mdanach thisfamt If required • State and County information must be the State and County where the document signeds) personally appeared before the rotary public for acknowledgment. • Date of notarization must be the dale dart the signMs) personally appeared which must also be the more date the an:knowledgmem is completed. • The rotary public must print his or her name as it appears within his or her commission followed by a ammo mid then your tide (notary public). • Prim the nome(s) of document signer(s) who personally appear at the lime of notarization. • Indicate the correct singular or plural fours by crossing off incorrect fomes (ix. lmishddiey- is lase) or circling the coma forms. Failure to oorrectly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text W lines. If seal impression smudges, rte -seal if a sufficient coca permits, otherwise complete a different acknowledgment form. • Signature of the rotary public must march the signature on file with the office of the county clerk. ? Additional information is fol required but could help to emurc this acknowledgment is not misused or attached is a different document. d Indicate lite or type of attached document, number of pages mid date. d Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate be tide (i.e. CEO, CFO, Secretary). • Securely anach this document to the signed document THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 3014498 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FIRST NATIONAL INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America (the "Company'), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint. ROSEMARY NAPPI, JEREMY PENDERGAST, MICHAEL D. STONG, ALL OF THE CITY OF RIVERSIDE, STATE OF CALIFORNIA .................................. , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute,. seal, acknowledge and deliver, for and on its behaff as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION ANO 00/100*....*********** ****** DOLLARS ($ 50,000,000.(10************************) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shag be as binding upon the Company as 9they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Execution of Contracts: Section 12. Surety Bonds and Undertakings. rn Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations d as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, C execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in - fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and d executed, such instruments shall be as binding as if signed by the president and attested by the secretary. a By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: mPursuant to Article IV, Section 12 of the By-laws, Garnet W. Elliott, Assistant Secretary of First National Insurance Company of America, is authorized 0 d to appoint such attomeys-in-fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety p ? any and all undertakings, bonds, recognizances and other surety obligations. m That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. is '0 IN WITNESS WHEREOF this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Gm First National Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 6th day of July 2010 m0 G .d. ,ux,,,x.,vy FIRST NATIONAL INSURANCE COMPANY OF AMERICA rn� st Af, By41 (9 as rte/ .%✓- S�G�- �C pl t res Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA as E COUNTY OF MONTGOMERY � OF w On this 6th day of July 2010 before me, a Notary Public, personally came Garnet W. Elliott, to me known, and 0 >, acknowledged that he is an Assistant Secretary of First National Insurance Company of America; that he knows the seal of said corporation; and that he c executed the above Power of Attorney and affixed the corporate seal of First National Insurance Company of America thereto with the authority and at the > t direction of said corporation. Zu IN TESTIMONY WHEREOF vq+ to subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 0S Tic a -, Q` �ZpONVirf` Q*e N"'Wila Seal :/ _ - t til 4 J 7 Teresa Paate a Neter, P,kJc By �.1/I.G�R/ moron rv,r,_. Mon vn„e tc�Unn Tere�Pastella, Notary Public Public DF ,rCu:n-n,sx an .xp, es tia E.C'3 y CERTIFICATE tdember, Pw-,nsprvn, :Aaarro sm.dv.xar es ew I, the undersigned, Ass rst National Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, tru y, is in full force and effect on the date of this certificate; and 1 do further certify that the officer or official who executed the said power of a a an Assistant Secretaryspecialty authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article IV, Section 12 of the By-laws of First National Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of First National Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my na - ed the corporate seal of the said company, this o7s day of T 4 F c rszs By David M. Carey, A99stant Secretary C O N op N 2 to IL RECEIVED CITY OF TEMECULk PU&1'C WORKS CONTRACTOR'S PROJECT NO. PW09-08 ROAD AND STORM DRAIN REPAIR ATR CHO CALIFORNIA ROAD ) This is to certify that d 41A Er' i�' A-119% , (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that Mekke/ has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW09-08, ROAD AND STORM DRAIN REPAIR AT RANCHO CALIFORNIA ROAD, situated in the City of Temecula, State of California, more particularly described as follows: CLEANING AND REPAIR OF TRIPLE -BARREL 72" CORRUGATED METAL PIPE (CMP) STORM DRAIN LINE, BENEATH RANCHO CALIFORNIA ROAD, EAST OF HOPE WAY The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute A%c7PnQ $ Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. U CONTRA OR Dated: Z l By: Signature L Print Name and Title RELEASE R-1 - R:IPJPIPROJEMI PR'091PV09-0R RrJ1 Road& Storm Orlin RepairlSpm Item No. I I Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: September 14, 2010 SUBJECT: Approve the Sponsorship Requests and Funding Agreements for the 2010 Komen Inland Empire Race for the Cure and the 2010 Temecula Fall Rod Run PREPARED BY: Gloria Wolnick, Economic Development Specialist II RECOMMENDATION: That the City Council: 1) Approve the Event Sponsorship and Funding Agreement in the amount of $22,500 cash, city -support costs in the amount of approximately $18,435, and promotional services valued at $9,065 in-kind support for the 2010 Komen Inland Empire Race for the Cure®. 2) Approve the Event Sponsorship Agreement for actual city -support costs in the amount up to $59,562 for the 2010 Temecula Fall Rod Run and authorize the Mayor to execute the following agreement. BACKGROUND: Staff has received a sponsorship request and grant funding request from the Inland Empire Affiliate of Susan G. Komen for the Cure® organization. The 2010 Komen Inland Empire Race for the Cure® will be held at the Promenade Mall in Temecula, corner of Ynez and Winchester Roads, on Sunday, October 17, 2010. Staff has received a sponsorship request from P & R Foundation to provide city support costs for the 2010 Temecula Fall Rod Run to be held on October 8 & 9, 2010. The event will serve as a fundraiser for The Boys & Girls Club of Southwest County. The City of Temecula hosts many popular events throughout the year that entertain and attract thousands of visitors and residents. The Komen Inland Empire Race for the Cure® and Temecula Fall Rod Run events increases tourism revenue for the City's restaurants, hotels, retailers and wineries. Due to the fact that both special events promote tourism in Temecula, the City support services are proposed to come from the General Fund's budget. There will be no commissions, consultant fees and/or salaries paid to any party from the City of Temecula's sponsorships. 2010 Komen Inland Empire Race for the Cure® Staff has received a request from the Inland Empire Affiliate of Susan G. Komen for the Cure® organization, to provide City -support costs in the amount of approximately $18,435 and $22,500 cash which will help fund community grants to organizations that offer education, support, treatment and diagnostic services for uninsured and underserved Inland Empire citizens. In addition, Komen has requested the City to provide an outline and estimated value of promotional services that the City provides for this event. The estimated value of these services is $9,065 in-kind support. The 12th annual Komen Inland Empire Race for the Cure® will be held at the Promenade Mall in Temecula, corner of Ynez and Winchester Roads, on Sunday, October 17, 2010. The race route begins at the starting line located on the Mall Ring Road between Macy's North and JC Penny, proceeds east to Promenade Mall West, then north to Winchester Road. The route then proceeds easterly along the southerly two lanes of Winchester Road to Margarita Road. From Margarita Road the route continues southerly along the two southbound lanes to a u -turn at Solana Way, returning northerly on Margarita Road to Mall Entrance at Verdes Lane. The route then proceeds westerly to Mall Ring Road, terminating at the finish line located in the parking lot at JC Penny. A separate staff report regarding the street closure will go to Council for approval on September 14, 2010. This event is family-oriented, with something for everyone. In addition to the Team Competition, the schedule includes a Coed timed run, a Coed 5K Run/Walk, a family one -mile Fun Run/Walk, a new Kids Only Run (10 and younger), live entertainment, exhibits, Kids' Expo, Sleep in forthe Cure® and Komen Expo. A special ceremony will be held that pays tribute to the hundreds of breast cancer survivors expected to participate. Promotion for the 2010 Race consists of newspaper, television/radio advertising, Internet blasts, sponsorship packets, entry forms and community outreach. National sponsors include Yoplait, American Airlines, ASK.com, Bank of America, Ford, New Balance, REMAX and SELF. The Race forthe Cure@will serve as a fundraiser for the Inland Empire Affiliate Susan G. Komen for the Cure®, a non-profit organization that was established in 1996. 75% of the net Race proceeds will fund local breast health education programs to spread the lifesaving message of earlydetection to thousands of Inland Empire men and women. The remaining 25% of the net Race proceeds is designated to Susan G. Komen for the Cure® Foundation Award and Research Grant Program, which funds groundbreaking breast cancer research, meritorious awards and educational and scientific programs around the world. 2009 Komen Inland Empire Race for the Cure® Forthe last eleven years, the Komen Inland Empire Race forthe Cure® has been held in Temecula and proved to be successful. Promotion forthe 2009 Race consisted of newspaper, television/radio advertising, Internet blasts, sponsorship packets, entry forms and community outreach. The 2009 Race for the Cure® had 11,897 race participants, 262 Sleep In for the Cure® participants, 366 Kids Only Run, 646 breast cancer survivors and 700 volunteers. It was reported that nearly 60% of the participants of the Inland Empire Race are from areas outside of the immediate Temecula area. The 2010-2011 Grant Recipients include: Breast Cancer Solutions, Desert Cancer Foundation, Inland Agency, Kids Konnected, Kommah Seray Inflammatory Breast Cancer Foundation, Loma Linda University, Loma Linda University, Michelle's Place, San Antonio Community Hospital, Quinn Community Outreach Corporation and The Foundation for Community and Family Health. Funding for the recipients totals $515,922 The Inland Empire Affiliate funds non -duplicative, community-based breast health education and breast cancer screening and treatment programs for the medically underserved in Riverside and San Bernardino Counties that include the Coachella Valley. In 2010, the Inland Empire Affiliate funded $515,922 to local community programs for the medically underserved in Riverside and San Bernardino counties. In addition, Komen Race for the Cure with other Affiliate donations funded $203,000 to the Susan G. Komen Award and Research Grant Program, only second to the U.S. government. Since 1999, Inland Empire Affiliate has funded nearly $4.5 million in grants and $1.2 million in support for the Susan G. Komen for the Cure Award and Research Grants Program. 2010 Temecula Fall Rod Run The 2010 Temecula Fall Rod Run will begin on Friday, October 8`h, with an evening car cruise on Old Town Front Street. On Saturday, October 9`h, an all day "Show & Shine" will take place and 50 trophies will be presented at the "Awards of Excellence" ceremony. There will be a cross section of approximately 650 classic cars, special interest vehicles, hot rods and custom cars. No alcohol will be served or sold at this event. Mr. George Barris, the "King of the Kustomizers," is known worldwide for the many custom, film, and TV cars he designed and built since the 1950's such as the TV Batmobile, Munsters Koach, Beverly Hillbillies hot rod, and Black Beauty from the Green Hornet. Mr. Barris will be attending and will bring his "Munster Koach" from the 1960's TV series "The Munsters". The Boys & Girls Club of Southwest County has been selected to be the primary recipientwith other funds that are available designated to other Temecula based charities. Promotion for the 2010 car show will include newspaper, radio, television, magazine, posters and internet sites including www.rodruntemecula.com, various car show calendar web sites, Temecula Valley Convention & Visitors Bureau, Temecula Valley Chamber of Commerce and City of Temecula. The Temecula Valley Convention & Visitors Bureau will send out a direct mail invitation to approximately 2,600 car owners and a mailing to various Temecula businesses. Rod Run attendees are encouraged to take advantage of the complimentary shuttle service which will provide free transportation from three designated parking locations to this year's Temecula Rod Run held in Old Town. Designated locations include City Hall, vacant lot on corner of Ynez and Santiago and the southern dirt park n ride lot near Temecula Parkway and Front Street. The shuttle service will operate from 8:00 a. m. to 5:00 p.m. on Saturday, October 9, 2010. 2009 Temecula Fall Rod Run Highlights The 2009 Temecula Fall Rod Run served as a fundraiser providing $15,000 to local non-profit organizations including: The Boys & Girls Club of Southwest County, Boy Scouts of America, and the USMC Ball Fund. P & R Foundation also donated booth space to various non -profits and other organizations such as The Border Patrol and Search Dogs of Riverside County. Event organizers worked closely with the Old Town Merchants Association. P & R Foundation provided the merchants with a full page ad in the Rod Run program and provided numerous PA announcements to encourage shopping in Old Town. The attendance at the 2009 Temecula Fall Rod Run was estimated between 50,000 — 60,000 people for the day and a half event. There were approximately 625 registered show cars that were registered for the 2009 show and 55 vendors. There were 50 trophies awarded at the "Awards of Excellence" ceremony. Entertainment included street performances by local talent located at various places on Old Town Front Street. On Saturday, October 10`h, the "Show & Shine' was held and 50 trophies were presented at the "Awards of Excellence" ceremony. There was approximately 650 classic, custom and special interest cars. The 2009 event was advertised through a mailing to about 2,300 car owners. Promotion for the Rod Run included: posters, newspaper, magazine and radio ads. The event was promoted via the internet through various car shows as well as on www.rodruntemecula.com. The City of Temecula provided a shuttle to assist with the parking issues due to the construction in Old Town which was very successful. FISCAL IMPACT: The Inland Empire Affiliate of Susan G. Komen for the Cure@funding of $22,500 cash is appropriated in Community Support (Council Discretionary) Account#001-101- 999-5285. The City -support costs of $18,435 and costs for promotional services valued at $9,065 for the Komen for the Cure® event are included in the FY2010-11 Operating Budget of the various support departments. The City -support costs of $59,562 forthe 2010 Temecula Fall Rod Run are included in the FY2010- 11 Operating Budget of the various support departments. The Economic Development Subcommittee of the City Council (Mayor Pro Tem Roberts and Council Member Washington) has recommended approval of these amounts. ATTACHMENTS: I. Inland Empire Affiliate of Susan G. Komen for the Cure® Attachment A — 2010 Sponsorship and Funding Agreement Attachment B — 2010 Race for the Cure® Event Attachment C — 2009 Race for the Cure® Event & Grant Recap II. Temecula Fall Rod Run Attachment A — 2010 Sponsorship Agreement Attachment B — 2010 Event & Media Promotions Attachment C — 2009 Temecula Fall Rod Run Recap I. INLAND EMPIRE AFFILIATE OF SUSAN G. KOMEN RACE FOR THE CURE® Attachment A — 2010 Sponsorship and Funding Agreement SPONSORSHIP AND FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND KOMEN INLAND EMPIRE RACE FOR THE CURE® THIS AGREEMENT is made and effective as of this 14th day of September, 2010 , by and between the CITY OF TEMECULA ("City"), and Inland Empire Affiliate of Susan G. Komen Race for the Cure® ("IESGKC"), a California nonprofit corporation. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: A. IESGKC shall operate the Komen Inland Empire Race for the Cure® event on October 17, 2010. Komen Inland Empire Race for the Cure® is a special event which is located at The Promenade Mall in Temecula. corner of Ynez and Winchester Road. B. The event includes a Coed timed run, a Coed 5K Run/Walk, a family One -Mile Fun Run/Walk, a new Kids Only Run (10 and younger), live entertainment, exhibits, Kids' Expo, Komen Expo, Sleep in for the Cure®, and Breast Cancer Survivor Tribute. C. The 2009 Inland Empire Komen Race for the Cure® attracted 11,897 race participants, 262 Sleep In for the Cure® participants, 366 Kids Only Run, 646 breast cancer survivors and 700 volunteers. It was reported that nearly 60% of the participants of the Inland Empire Race for the Cure® are from areas outside of the immediate Temecula area. D. The City desires to be a "Diamond Sponsor" of the 2010 Komen Inland Empire Race for the Cure® by providing Community Support Funding and City Support Services. 2. TERM. This Agreement shall commence on September 14, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION. A. In exchange for providing the IESGKC with in-kind city -support services valued at an amount not to exceed eighteen thousand, four hundred thirty-five dollars ($18,435) of Public Works, Fire and Police as listed in Exhibit B, and in-kind promotional services valued at an amount not to exceed nine thousand sixty-five dollars ($9,065), listed in Exhibit C, the City of Temecula shall receive the benefits as listed in Exhibit A. B. The City of Temecula shall also provide Community Support Funding in the amount of twenty-two thousand five hundred dollars ($22,500) cash which will be allocated to pay for breast exams, counseling and other services for under served Temecula citizens. 4. ALLOCATION OF FUNDS. A. IESGKC shall allocate and use the City's Sponsorship Funding of in-kind city - support services valued at an amount not to exceed eighteen thousand, four hundred thirty-five dollars ($18,435), and in-kind promotional services valued at an amount not to exceed nine thousand sixty five dollars ($9,065), to produce the Komen Inland Empire Race for the Cure®. B. The City of Temecula shall also provide Community Support Funding in the amount of twenty-two thousand five hundred dollars ($22,500) cash which will help fund community grants to organization that offer education, support, treatment and diagnostic services for uninsured and underserved Inland Empire citizens. In 12 months following the Komen Inland Empire Race for the Cure®, the IESGKC will provide a general summary report on how funds were expended and what clinics/health agencies received funding and that a portion of the funds were used for underserved residents in Riverside and San Bernardino Counties, the Inland Empire Affiliate's service area. Upon request, City staff may audit the supporting documentation from the IESGKC. 5. WRITTEN REPORT. Within ninety (90) days after the conclusion of the Komen Inland Empire Race for the Cure®, IESGKC shall prepare and submit to the Assistant City Manager a written report evaluating the Komen Inland Empire Race for the Cure®, its attendance, media coverage, and description of the materials in which the City has listed as a Diamond Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Komen Inland Empire Race for the Cure® must be included in such a written report. 6. FINANCIAL AUDIT. IESGKC shall provide a copy of the consolidated, audited financial statements of the Susan G. Komen Race for the Cure® of which IESGKC is a part. These consolidated financial statements will be audited by an independent certified public accountant and shall include the Komen Inland Empire Race for the Cure® event. These audited financial statements should be completed and submitted to the City no later than December 2010 pending Komen Headquarters audit timeline. 7. PERMITS. IESGKC shall file applications for a Temporary Use Permit and a Special Event Permit with the City no later than thirty (30) days prior to the first day of the 2010 Komen Inland Empire Race for the Cure®. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of conditions of approval. IESGKC shall comply with all conditions of approval of the permits. IESGKC shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 8. MEETING ATTENDANCE. IESGKC shall attend all City pre -event planning meetings and event recap meetings if warranted. 9. INDEMNIFICATION. IESGKC shall indemnify, protect, defend and hold harmless the City of Temecula, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of IESGKC's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 10. INSURANCE. IESGKC shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by IESGKC, its agents, representatives, or employees. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (i) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (ii) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If Recipient owns no automobiles, a non - owned auto endorsement to the General Liability policy described above is acceptable. (iii) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Recipient shall execute a declaration that it has no employees. B. Minimum Limits of Insurance. Recipient shall maintain limits no less than: (i) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: $1,000,000 per accident for bodily injury and property damage (iii) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or IESGKC shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (i) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of IESGKC; products and completed operations of Recipient; premises owned, occupied or used by IESGKC; or automobiles owned, leased, hired or borrowed by IESGKC. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (ii) For any claims related to this project, IESGKC's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of Recipient's insurance and shall not contribute with it. (iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (iv) IESGKC'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. (v) Each insurance policy required by this Agreement shall be endorsed to state that coverage shall that should the policy be suspended, voided, canceled by either party, reduced in coverage or in limits, the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (vi) If insurance coverage is canceled, modified, or reduced in coverage or in limits, IESGKC shall within two (2) business days of notice from the insurer phone, fax and notify the City via certified mail, return receipt requested, of the changes to or cancellation of the policy. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. F. Verification of Coverage. IESGKC 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, IESGKC's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. GOVERNING LAW. The City and IESGKC 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. LEGAL RESPONSIBILITIES. IESGKC 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. IESGKC 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 IESGKC to comply with this section. 13. ASSIGNMENT. IESGKC shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: CITY: CITY OFTEMECULA P.O. Box 9033 Temecula, CA 92589-9033 Attention: Aaron Adams, Assistant City Manager RECIPIENT: THE INLAND EMPIRE AFFILIATE OF SUSAN G. KOMEN FOR THE CURE® 43397 Business Park Drive, # D-9 Temecula, CA 92590 Attention: Leslie Doherty, Inland Empire Affiliate President The City intends to relocate to a new City Hall on or about October 2010. Please call 951.694.6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand -deliveries ONLY: CITY: CITY OFTEMECULA 41000 Main Street Temecula, CA 92590 Attn: Aaron Adams, Assistant City Manager RECIPIENT: THE INLAND EMPIRE AFFILIATE OF SUSAN G. KOMEN FOR THE CURE 43397 Business Park Drive, #D-9 Temecula. CA 92590 Attn: Leslie Doherty, Inland Empire Affiliate President 15. INDEPENDENT CONTRACTOR. A. IESGKC shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of IESGKC shall at all times be under IESGKC 's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of IESGKC 's officers, employees, or agents except as set forth in this Agreement. IESGKC 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. IESGKC 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 IESGKC in connection with the performance of this Agreement. Except for the fees paid to IESGKC as provided in the Agreement, City shall not pay salaries, wages, or other compensation to IESGKC for performing services hereunder for City. City shall not be liable for compensation or indemnification to IESGKC for injury or sickness arising out of performing services hereunder. 16. 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. 17. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of IESGKC warrants and represents that he or she has the authority to execute this Agreement on behalf of IESGKC and has the authority to bind IESGKC to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney THE INLAND EMPIRE AFFILIATE OF SUSAN G. KOMEN FOR THE CURE By: Name: Sandra Finestone Title: Inland Empire Affiliate President By: Name: Debbie Gilligan Title: Inland Empire Affiliate Co -Race Chair EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS DIAMOND SPONSOR In exchange for providing in-kind city -support services of Public Works, Fire and Police valued at an amount not to exceed $18,435, and in-kind City promotional services valued at $9,065 for the 2010 Komen Inland Empire Race for the Cure®, the citizens of the City of Temecula shall receive the following benefits. ♦ City of Temecula Logo on Printed Material: i.e. 2,000 Race Posters, 75,000 Race Entry Forms ♦ City of Temecula Logo on 12,000 Race T-shirts ♦ City of Temecula Name on all Radio Promotion ♦ Complimentary Booth Space at Expo: 10 x 10 booth space for City of Temecula booth at Expo ♦ 4 City of Temecula Banners Displayed ♦ City of Temecula Name in all Press Releases ♦ City of Temecula Logo in Race related Online Communication ♦ Complimentary Sponsor Appreciation Dinner Tickets (10) ♦ Commemorative Sponsor Award ♦ 10 Komen Race Entries and T-shirts ♦ City of Temecula Logo in newspaper "Thank You" Ad ♦ Complimentary Team Tailgate Booth The Community Support Funding of twenty-two thousand, five hundred dollars ($22,500) cash will help fund community grants to organization that offer education, support, treatment and diagnostic services for uninsured and underserved Inland Empire citizens. EXHIBIT "B" ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the 2010 Inland Empire Susan G. Komen Race for the Cure® event. The following expenses can be anticipated for the event: Police: $9,000.00 Fire: $3,000.00 Public Works: $6,435.00 TOTAL: $18,435.00 EXHIBIT "C" ESTIMATED VALUE OF IN-KIND PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in-kind promotional assistance provided by The City of Temecula for the 2010 Inland Empire Affiliate of Susan G. Komen Race for the Cure® is as follows: Item Value City Website $ 2,000.00 Race for the Cure® event listing on City of Temecula website City Cable Station 4,600.00 Race for the Cure® slide is part of a program. Slide appears approximately 1 time per hour for 30 seconds. Run time of 9/1/10 — 10/18/10 City E -letter E -letters are sent out each month to approximately 2,500 people in the 465.00 community. Komen Race announcement will appear in the city e -letter. Temecula Auto Mall Marquee 2,000.00 Race for the Cure® listing runs approx. once every 4.5 minutes during its run time of 9/01/10 — 10/18/10. The sign is on 24 hours. TOTAL: $ 9,065.00 INLAND EMPIRE AFFILIATE OF SUSAN G. KOMEN RACE FOR THE CURE® Attachment B — 2010 Race for the Cure® Event e Please note with an asterisk (*) any amounts that require additional explanation, and comment on these items. Application Page 3 Please respond and address the following questions. Event 1. Provide information on your proposed event, goals, promotional program, budget, expected attendance, funding recipients, and location of event. If event venues are held at multiple locations, please list. Event --- Komen Inland Empire Race for the Cure® Promotional ----- Newspaper, TV, Radio Advertising, Website, Sponsorship packets, Entry forms, High School Team Challenge, Cooler Email Campaigns, Community Outreach, Social Media such as Facebook and Twitter. Budget ---- See Attached Attendance -----12,000+ Funding --- Grant Applicants within Temecula & South West California Location ----- The Promenade In Temecula 2. How will the event profits be utilized? 25% of the net profits are sent to the Susan G. Komen for the Cure Award and Research Grant Program. In 2009, Komen for the Cure funded $60 Million in research, only second to the U.S. government. The remainder is used for education, support, diagnostic services and support treatment programs in the form of grants to non-profit organization that provide services to the uninsured/underinsured women and families within Temecula, Riverside and San Bernardino Counties. Since the 1999, Komen Inland Empire Affiliate has funded over $4 million in grants and $1 million in support of the Susan G. Komen for the Cure Award and Research Grant Program. Explain how your organization has worked well with the community to mitigate event impacts? We receive a large amount of support from the Temecula Rotary, Chaparral & Temecula Valley High School and many businesses & organizations throughout the community. Continued relationship with Riverside Co. Sheriffs Department, City of Temecula, Caltrans, The Promenade In Temecula and Bel Vellagio merchants help to ensure a trouble free event. 4. Please describe your financial reporting. Monthly financial statements are presented to the Board of Directors for approval and then submitted to Komen Headquarters. Every 2-3 years the affiliate undergoes an internal audit spearheaded by Komen Headquarters. QuickBooks is used for daily bookkeeping. 5. If your organization received City of Temecula funding in the previous year, please provide a brief recap of the event, attendance, accomplishments and its economic benefit to Temecula. Explain if the event, goals, marketing program, and attendance were consistent with what was proposed to the City. \\CityoRememIa\Departments\City ManagerMcAnickg\Applications\E.D. Funding Program - Special Events'10 -1 Ldoc Question 5 continued Race for the Cure® —Largest Sk Event in the City of Temecula Attendance 13,000 (participants, guests sponsors and volunteers) Accomplishments — Raised funds for breast cancer awareness and services for uninsured /underinsured residents. Economic Benefits— Brought people from all over Riverside County & Southern California to Temecula, where they shopped, dined & stayed in hotels. All goals, marketing & attendance were consistent with the plan proposed to the city. 2009 Race Statistics Economic Benefit—Total Race Participants: 11,897 • Temecula Residents: 2424 • Southwestern Riverside Co (Lake Elsinore, Menifee, Murrieta, Temecula, Wildomar and Winchester): 5933 • 5,964 participants represented cities outside of the Southwestern Riverside County — a 7% increase on local representation was seen this year. Susan G. Komen for the Cure Inland Empire Affiliate Projected Budget 2010 Race Income 39001 Sponsorships 200,000 40100 Event Fee Race Entry Fees 216,000 Race Pledges 230,000 40004 Merchandise 2,700 49019 Other Income Other Income Includes New Balance p 1,000 ffle Income 0 qExpoBooths m T-shirt conpetition 750 m Tailgate/Team Photo 2,650 er Income- Other 1,700 tal income 654,800 Expense 51000 Advertising 2,240 52010 Bank Charges -Credit Cards 200 Bank Charges -Other 1,500 53000 Entry Forms 0 53100 Race Bibs 3,000 53200 Race Course Production Balloons 2,500 City Permits 100 Display 600 T-shirts 1,000 Event Services -fencing 7,500 Race Management 20,000 TCS Rentals 350 Rightway 3,000 Allied Traffic 8,000 Equipment Rental 1,000 Trinity Tents 27,000 Aggreko 3,000 WB Productions 11,000 Supplies -Operations 1500 Garry Rahill-Race Course 1 1700. Convio 20,000 Total Race Course Production 113,190 53300 Trophies 2,500 53400 Security 225 56200 Meeting Costs 500 60510 Gifts and Recognition 2,300 62015 Insurance 3,250 64010 Supplies 6,000 High School Team Challenge 750 64520 Banners 0 65510 Postage & Delivery 11,500 66010 Printing/Graphics 0 65010 Photo&Video of Race 600 69010 Rent/Utilities (%) 2,175 70100 Salaries (%) 22,844 70200 Payroll Taxes (%) 2,284 70400 Employee Benefits (%) 1,750 74510 Telephone (%) 360 Total Expense 1160,228 Net Income 1 1494,572 • suson G. ►comen race Presented by d NATIONAL SERIES SPONSORS FORTHECUre® as 40 BankoffAAmerica RLi'AIK' ,sem 2010 ■ 0 Team Information Packet Susan G. Komen Inland Empire Race for the Cure° — October 17, 2010 Inland Empire Affiliate of Susan G. Komen for the Cureg Office 43397 Business Park Drive • Suite D-9 Temecula, CA 92590 P: 951 -676 -RACE (7223) • F: 951-676-7211 www.komenie.org Printing Sponsored by Abbott Vascular 4MPACT MAKE ONE. Your entry fee gets you to the starting line; fundraising helps to save lives and find the curesl!I You don't need to be a fundraising expert in order to be successful — you just need the desire to stand up to breast cancer and make a difference. Did you know that participants who fundraised last year — people just like you — raised an average of $44.78 each. This year we're counting on you to aim even higher! THE RACE IS ON! Over the past 10 years, more than 47,000 runners and walkers have participated in the Team Division of the Komen Inland Empire Race for the Cure. The Komen Inland Empire Race for the Cure is a fabulous way to encourage fitness and health, gain excellent exposure for your company or club, and raise money to support Komen Inland Empire Affiliate. PAST WINNERS - LARGEST TEAM 2009 Team PHS 2008 Riverside County Sheriff Department 2007 Pechanga Resort & Casino 2006 Pechanga Resort & Casino 2005 Pechanga Resort & Casino PAST WINNERS - MOST DONATIONS 2009 Dancers for Healthy Hooters - $17,086 2008 Dancers for Healthy Hooters - $13,017 2007 Robin's Ramblers - $24,517 2006 Riverside County Sheriff/EDA - $29,717 2005 Team Cindy - $12,871 TEAMS COMPETITION TEAMS Divisions: • Corporate • School/Organization • Friends/Family • High School Team Challenge All teams, from 10 to 1,000 or more, are welcome in the Race. Compete in two categories: Most Donations Raised and Largest Team. All teams are made up of ten or more members. MAKING IT EASY, MAKING IT FUN • Name your team. • Invite friends, family, and business associates to join your team. • Design your own T-shirts. Prizes for Race Chair Choice and Community Choice!! RECRUITING MEMBERS • Each participant encourages friends, family and co-workers to join the team. • Use internal company communcations like global e-mails, posters, lighted message board displays, and corporate newsletters. Use Facebook to get the word out. • Have an internal kick-off event. • Honor or remember an employee or friend who has battled breast cancer. • Recruit Sleep In for the Cure members. Increase your team number by encouraging those who cannot attend on race day to register as a Sleep In for the Cure* participant. Sleep In participants count towards the size of your team as well as donations raised and will receive a Sleep In T-shirt through the mail. SOLICITING DONATIONS • Develop employee incentives with the company president's support. • Internal fundraisers. Be creative! Hold a basketball tournament, craft fair, or dunk tank. • Don't forget matching corporate gifts. HERE ARE SOME ADDITIONAL TIPS TO HELP MAKE COLLECTING DONATIONS EASIER... Anyone is a potential donor. • Ask people that you have daily contact with or who you've established a relationship with in one way or another — parents, friends, classmates, co-workers, neighbors, grocer, banker, mechanic, lawyer, dry cleaner. fellow parishioners, etc. • Start with the person whom you think will give you the largest donation, which will establish a high baseline of giving. • Ask your company about matching gifts. Many companies will match whatever amount each employee raises on his or her own. • Tell your pledge supporters why you're walking for the Affiliate. • Collect your donations up front so you don't have to ask for them a second time. • Ask at least 1 person per day to make a donation. • If you're uncomfortable asking face-to-face, use the website www.komenie.org instead. On the Web we've provided sample letters to help you. • Aim high — ask for $50 and settle for $25, instead of asking for $25 and settling for $10. Base the amount you're asking for on your prospects' ability to give. • Carry your collection envelopes with you at all times. JOIN IN OUR 1OX10 CHALLENGE In 2009, over 6400 Race for the Cure participants were part of a team. It is so simple ... If every individual on a team asked 10 friends for $10 each, we could raise over $640,000 - which will provide life-saving services to the medically underserved in our community. Educate your friends ... Early detection of breast cancer is the BEST protection! EVERY DOLLAR COUNTS ... AND WE'RE COUNTING ON YOU! Top Fundraiser Recognition Prizes (Adult: 18 and over)* Top Fundraiser - American Airlines Round-trip ticket for travel within the US contiguous states and a $500 gift card from the Promenade Temecula. 1st Runner Up - American Airlines Round-trip ticket for travel within the US contiguous states and a $200 gift card from the Promenade Temecula. 2nd Runner Up -12 Months of flowers from ProFlowers.com (one arrangement per month) and a $100 gift card from the Promenade Temecula In addition to the opportunity to win the before mentioned prizes, for every $100 that you raise your name will be entered to win other fabulous prizes including, but not limited to: • $200 Gift Card from La Masters of Fine Jewelry • Gift Card from Massage Envy (dollar amounts vary) • Shop Komen Gift Cards (dollar amounts vary) Top Fundraiser Recognition Prizes (Kids: under 18)' Top Fundraiser Boy - BMX Bicycle donated by Mulligan Family Fun Center Top Fundraiser Girl - BMX Bicycle donated by Mulligan Family Fun Center In addition to the opportunity to win the before mentioned prizes, for every $50 that you raise your name will be entered to win other fabulous prizes including, but not limited to: • Portable CD player •Mod 'Prizes are subject to change based upon availability and may be substituted without notice. "The Running Ribbon is a registered trademark of Susan G. Komen for the Cure'®." START BUILDING A TEAM! JUNE -SEPTEMBER REGISTER ONLINE - Team deadline October 2, 2010 Visit www.komenle.org to register your team. Each team member can then register online at www.komenie.org and each team member will be issued their own web page to help raise awareness and donations for the team. Each team must have a minimum of ten (10) members. ONLINE TEAM REGISTRATION CLOSES OCTOBER 2nd AT MIDNIGHT. If you have team members who are not able to register prior to this deadline, they CAN still participate with your team — however, they must register as individual participants. COLLECT ENTRY FORMS FOR TEAM REGISTRATION Using the team entry form and donation form enclosed, make copies and distribute to your team members. In September, collect entry forms, entry fees, and donation forms. Please verify each team member has signed their entry form, as unsigned forms will not be processed. Using the Team Reconciliation Worksheet, enter each team member's name, entry fee paid, donations, total received, and T-shirt size. Note: If your team members register online, you don't need to add them to your worksheet. Your Team Reconciliation Worksheet, team members' entry forms, and all donations collected must be turned in on October 2nd at Southwest Healthcare System, 25500 Medical Center Dr., Murrieta, CA 92562. BY U.S. MAIL - SEPTEMBER 25, 2010 Use the procedures above for collecting entry forms, submit your team's registration by mail postmarked by September 25, 2010 to: Komen Inland Empire Race for the Cure® P.O. Box 1858, Fallbrook, CA 92088-1858 HELP PROMOTE THE EVENT! JULY -OCTOBER Distribute entry forms and posters to local businesses and at your workplace to help promote the Race and your fundraising efforts. Please contact us at 951 -676 -RACE (7223) if you need more event materials. Inform people that 75% of the net proceeds from the event fund local breast cancer programs for uninsured residents while the remaining 25% supports research. TEAM REGISTRATION IN PERSON OCTOBER 2, 2010 10:00am-6:00pm Southwest Healthcare System, Administration Bldg. 25500 Medical Center Dr., Murrieta, CA 92562 If you are registering your team in person please bring the following: - Team Reconciliation Form - Complete with: Each Team Member's name, entry fee paid, donations, total received, and T-shirt size. Please remember that a team is ten (10) or more members. - Entry Forms - SIGNED and completed for each Team Member. - Entry fees, donation checks - All should correspond with your Team Reconciliation Form. - Team Photo and Team Tailgate Form Please note: Donations that can be credited to members of your team are accepted on race day, online and mail in through October 31st, 2010. MANDATORY TEAM PACKET PICKUP OCTOBER 9, 2010 10:00am-2:00pm Southwest Healthcare System, Administration Bldg. 25500 Medical Center Dr., Murrieta, CA 92562 Pick up your team packet, with your team's race bibs and T-shirts. Please verify all T-shirts and Race numbers before distributing to your team members before race day. Coordinate with your team members on distribution of these items and where you'll meet on race morning (if you don't have a tailgate area reserved). Please note: Team packets will be disassembled on October 9th after 2:00pm. After that time, team members will need to individually attend one of the onsite pickups on event weekend to pick up their own race bib and T-shirt. Team members who are Sleep In for the Cure® registrants will be mailed their T-shirt and bib the week prior to the event. TEAM T-SHIRT CONTESTS As part of the Teams program, many teams create their own t -shirts. Theses shirts are often very creative and innovative and get a lot of attention. It's a great way to generate revenue and engage your teams and spark some friendly competition. Participants can vote on their favorite t -shirt with cash and the team t -shirt that has raised the most money by the end of Race day wins a prize. To qualify three shirts need to be submitted at the Team Packet drop-off, pick-up or to the Affiliate Office by 10/8/10. EVENT DAY OCTOBER 17, 2010 Please arrive at least one hour prior to your event's start time. Meet your team in your tailgate area (if your team has reserved an area) or another pre -determined area by your team captain - not at the start line. TEAM ENTRY FORM/WAYS TO REGISTER -DEADLINE: OCTOBER 2, 2010 REGISTER ONLINE at www.komenle.org. Join your team online! You'll be issued your own participant page to raise donations and awareness by e -mailing your friends and family. Everyone can help in the fight against breast cancer! REGISTER THROUGH YOUR TEAM CAPTAIN Give this entry form to your team captain by October 2, 2010. Your captain will then register you and your team members in person on October 2, 2010. Be sure to sign your entry form. REGISTER BY U.S. MAIL Mail completed entry form, entry fee and donations to: Komen Inland Empire Race for the Cure®, P.O. Box 1858, Fallbrook, CA 92088-1858. Team entries must be submitted together and postmarked by September 2S, 2010 to be a part of a team. Donations and pledges may be brought to the event or mailed before October 31, 2010. A NOTE FOR TEAM MEMBERS: Your team captain will receive your race number and t -shirt the week prior to the event. Please see your team captain for these items at your meeting place on race morning. Sleep In for the Cure® registrants will be mailed their t -shirt and bib a week before the Race depending upon date of registration. Sorry, team registration is unavailable after October 2, 2010. You can also register online at www.komenie.org • Please print and sign. Feel free to make coples of the entry form for friends, family and team members. One entry form per person. • Team entries must be submitted together in one envelope and postmarked by September 25, 2010 or give to your team captain by October 2, 2010. Online registration for team members also closes on October 2, 2010. 0 Make checks payable to: Komen Inland Empire Race for the Curaa • Mail completed entry form, entry fee and donations to: Komen Inland Empire Race for the Cure® P.O. Box 1858 Fallbrook, CA 92088-1858 Race course certification number is pending. This event will occur rain or shine. We reserve the right to cancel in extreme circumstances. In that event, there will be no refunds, rather, your entry fee will be used as a donation to the Komen Inland Empire Race for the Cure® . FEES AND TIMELINE ADULT SENIOR (60+) BREASTCANCER UMUEM eFanaEN' vcuavwrovwnmxrtW YOUTH 117+under) SURVIVOR u+0lwuvminw 1xE START EVENT ON OR ON SITE ON OR ONSITE ON OR ONSITE�Jawmro TIME October 17, 2010 BEFORE (1W15- BEFORE (10/15- BEFORE 00/1& Wam.ameiam„ OCT 12 1N77) OCT 12 10/17) OCT 12 10/17) „ya„Ey,„epox a� �avne IN FOR $30 N/A $30 N/A $30 IN ❑ $ M1 MAUD� ROOM SK COMPETITIVE NON -TIMED RUN $27 $32 $20 $27 $18 ❑ $ BOOAM 5K RUN RUNMALK 1no0AM 1MILE RINflUNAYAL( 1QS ONLY RUNI 10 AND YOUNGER $1E ❑ $ µ%m]GNAiEntl<Mla Receipts are t2od ADDITIONAL PLEOOES $ for Inde. xneaa,ai omaio�anerue�ra�mmi. F„eaevel Receipts are issued for inrequest c donatios $ uf $250 ahwe Far ROUNDUP DONATION Por donations iwa„q,,,,muy mun reamueaoamnoe.ee naabvavo nder$2 0 Ther ar led Check Wr as receipt. $ yourscheckserves Thank you for your suDPortlTOTALENCLOSEO you Emeuem.roaaum: xaen amuxl I FIRST NAME LAST NAME I FFT fiI I I I I I I i_— AGE ON SEX DATE OF BIRTH DAYTIME PHONE NUMBER RACE DAY STREET ADDRESS _ - -- CITY STATE ZIPCODE EMAIL Would you like to be recognized as a breast cancer survivor by receiving a complimentary pink cap and T-shirt? ADULT T-SHIRT S1ZE KIDS ONLY EVENT 111:1 ❑ ❑ ❑ ❑ ❑ ❑ S M L XL XXL YS YM YL TEAM CAPTAIN LAST NAME NAME 1 agree that any and all representations made and releases, waivers, Covenants, consents and permissions given by me hereunder are given on Behalf of me and any and all of my minor children or persons over whom I Have guardianship participating in or attending the event. I give my consent and permission to The Susan G. Komen Breast Cancer Foundation, Inc. d/b/a Susan G. Komen for the Core ("Komen'7, its affiliates and races, their sponsors and corporate sponsors, their successors, licensees, and assigns the irrevocable right to use, for any purpose whatsoever and without compensation, (i) any photographs, videotapes, audiotapes, or other recordings of me that are made during the course of this event (the "Event"); and (ii) the results of my participation in this Event (e.g., race time, name, participant number). I understand that (i) my consent to these provisions is given in consideration for being permitted to participate in this Event; (ii) I may be removed from this competition if I do not follow all the rules of this Event; and (iii) I am a voluntary participant in this Event. I am in good physical condition and am solely responsible for my personal health, safety and personal property. I know that this event is a potentially hazardous activity and i hereby voluntarily assume full and complete responsibility for, and the risk of, any injury or accident that may occur during my participation in this event or while on the event premises (collectively, "my participation"). To the fullest extent of the law, i, for myself, my next of kin, my heirs, administrators, and executors (collectively, "releasors"), hereby release and hold harmless and covenant not to file suit against (i) known, [affiliate corporate name] d/b/a [affiliate dba name] and all other komen affiliates and their respective directors, officers, volunteers, agents and employees; (ii) any event sponsors; and (iii) all other persons or entities associatedwith this event (collectively, the "releasees") for any injury or damages i might suffer in connection with my participation. This release applies to any and all loss, liability, or claims i or my releasors may have arising out of my participation, including but not limited to, personal injury or damage suffered by me or others, whether such losses, liabilities, or claims be caused by falls, contact with and/or the actions of other participants, contact with fixed or non -fixed objects, contact with animals, conditions of the event premises, negligence of the releasees, risks not known to me or not reasonably foreseeable at this time, or otherwise. This release extends to claims and facts unknown and unsuspected to exist at the time of executing this release. All rights under Section 1542 of the California Civil Code are hereby expressly waived with respect to any of the claims, injuries, or damages described in this release. Section 1542 of the California Civil Code reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. This Photographic and Results Release and Waiver and Release of Claims (collectively, the "Release") shall be construed under the laws of the state in which the Event is held. In the event any provision of this Release is deemed unenforceable by law, (i) Komen shall have the right to modify such provision to the extent necessary to be deemed enforceable; and (ii) all other provisions of this Release shall remain in full force and effect. I understand that I have given up substantial rights by signing this Release, and have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and intend my signature to be a complete and unconditional release of liability to the greatest extent allowed by law. Participant's Name SIGNATURE Parent's or Guardian's Date Signature if under age 18 Note: Rollerblades and pets are discouraged from participating in this event. Thank you for your cooperation. Team Name: Company Name: Team Captain: Email (mandatory please): Street Address: TEAM PHOTO RESERVATION FORM PLEASE PRINT Number of Participants Phone: City: State: Zip: TEAM PHOTO - $25.00 ❑ Check Enclosed Number: Complimentary for Sponsors ❑ No payment required, just fax this completed form to: 951-676-7211 Preferred time for Photo; Please write your top two choices between 6:45 a.m. and 10:00 a.m. below: Choice 1: Choice 2: Which event does your team plan to participate in? ❑ 8:00 a.m. Competitive Non -Timed ❑ 9:00 a.m. 5K Fun Run/Walk ❑ 10:00 a.m. 1 Mile Fun Run/Walk Reservations will be taken on a first-come, first-served basis. Times are limited and subject to availability. There is no guarantee that you will receive your first or second choice of times, however we will try to schedule your photo within 15 minutes of your first or second choice times when able. Please do not request photo times within 15 minutes of your event. MAKE CHECKS PAYABLE TO: Komen Inland Empire Race for the Cure® Bring this form to Team Registration at the Southwest Healthcare System on October 2, 2010 or mail this form with your check no later than September 25, 2010 to: Team Reservations Komen Inland Empire Race for the Cure® 43397 Business Park Dr., Suite D-9, Temecula, CA 92590 TEAM TAILGATE RESERVATION FORM PLEASE PRINT Team Name: Company Name: Team Captain: Email (mandatory please): Street Address: City: Number of Participants Phone: State: Zip: Tailgate areas give your team its own meeting area on Race Day. You can gather your team for a pep talk or hold a pre and/or post -race team picnic. Decorations and Signs are encouraged. A limited number of tailgate spaces are available, and will be assigned on a first come, first served basis. Komen Inland Empire Race for the Cure will provide one 101x10' canopy, one six foot table, and two chairs per tailgate area. If you need additional table or chairs your group will need to supply them, they will not be available on site. You will receive an email prior to Event weekend with additional details regarding the tailgate area. Non -Profit Groups: $75.00 ❑ Check Enclosed You must include a copy of your 501-C letter to be eligible for the non-profit rate All Other Groups: $175.00 Complimentary for Silver Level and above Sponsors ❑ Check Enclosed Number: Number: ❑ No payment required, just fax this completed form to: 951-676-7211 Do you plan to use a LPG device (e.g. BBQ) in your tailgate area? ❑ YES ❑ NO MAKE CHECKS PAYABLE TO: Komen Inland Empire Race for the Cure° Bring this form to Team Registration at the Southwest Healthcare System on October 2, 2010 or mail this form with your check no later than September 2S, 2010 to: Team Reservations Komen Inland Empire Race for the Cures 43397 Business Park Dr., Suite D-9, Temecula, CA 92590 LOCATIONS Medical l 0 Center Dr. 0000 TEAM REGISTRATION: OCTOBER 2, 2010 ONLY TEAM PACKET PICK UP: OCTOBER 9, 2010 ONLY Southwest Healthcare System Administration Building 25500 Medical Center Dr. Murrieta, CA 92562 AFFILIATE OFFICE: Komen Inland Empire Affiliate Office 43397 Business Park Dr., Suite D-9 Temecula, CA 92590 951-676-7465 (PINK) Hanes the Official T-shirt of the Susan G. Komen Race for the Cure(& Made with pride by AL GeorglanadNc Georgia-Pacific, the makers of Quilted Northern Ultra Plush*", National Sponsor of the Volunteer Recognition Program "A Zeta Tau Tau Nal Sponsor of the Breast Cancer Survivor Recognition Program Business Park Dr.� Rancho California Rd. Printing Sponsored By: EAbbott Vascular • Susan c. xoimen FmTME C/re, INLAND EMPIRE From the President Dr. Sandy Finestone I have volunteered in one form or another all my life but what drew me to Susan G. Komen for the Cure is what keeps me involved with Komen still...... their commitment to the communities they serve! There is no other national organization that I am aware of that has 75% of the funds they raise at a local level stay within that commu- nity and the remaining 25% to fund research. None of the funds go to support a national office, that is extraordinary. I have personally seen these funds at work helping women and families deal with the devastation a breast cancer diagnosis can bring. Two other things keep me involved with Komen, one is the "promise" of one sister to another. Nancy Brinker's promise to her sister Susie Komen to help women with breast cancer resonates to me and to millions like me.....each of us ..... one at a time....can make a difference. Can we start a worldwide organization that raises millions of dollars? Probably not, but we can educate our community about the benefits of early detection by volunteering at a health fair. We can bring our friends and families to Race for the Cure and raise funds to help those who need it. We can refer neighbors to resources within the community if they need information. We can have "Passionately Pink" parties to raise funds and have fun at the same time. Each of us can make a "promise" to our sis- ters and perhaps make a difference in someone's life. The other reason that I stay committed to Komen is because of the people I have met, the wonderful caring, generous people who have made a difference in my life. I find with Ko - men, the more I give, the more I get back. As the incoming President of the Inland Empire Affiliate of Susan G. Komen for the Cure, I welcome your suggestions on tow I can do my job to make the affiliate the best it can be ..... all ideas are welcome..... all suggestions will be lis- tened to......drop me a note anytime or call the office and I "promise" to call you back... together we can make a differ- ence. Broadway Books Announces "Promise Me for My Sister" Broadway Books and Susan G. Komen for the Cure®, the world's largest breast cancer organization; announced the launch of the "Promise Me for My Sister" campaign. Con- sumers who pre -order a copy of Komen for the Cure founder Ambassador Nancy G. Brinker's forthcoming inspirational memoir Promise Me can take advantage of the opportunity to have a free, signed copy of the book sent to the person of their choice. From now through Sept. 13, consumers who pre -order a copy of Promise Me from any online retailer are invited to forward their order confirmation e-mail to PromiseMe@Ran- domHouse.com along with the name, address, and email address of the person receiving the free, signed copy. Promise Me will be released nationwide on Sept. 14. On that day, the retailer will begin sending copies to consumers who pre -ordered, and Komen will begin sending the free t from ise Me limited edition signed copy to designated recpients, to arrive on or around Oct. 15. Consumers are also in- vited to join the "Promise Me by Nancy G. Brinker Facebook Event' at Fa- cebook.com/SusanGKo- ILn.burr.1m+I.a..vC I ,e.cL�,.�M.....".,"c.,�a„...,,,.., menForTheCure to share ZX -M their response to the book NA NCY G BR I N h I K and tell others why they ...„,�.o.�..o...«..o are sending a copy to their nominee. We would like to share our core values with you: Inclusion - to embrace the uniqueness of every individual Stewardship -to be accountable for our performance, individu- ally and collectively Honesty -to foster a community of trust and integrity Openness - to seek out new ideas and new ways of thinking Passion - to demonstrate personal commitment to our Promise Empowerment - to entrust others and hold yourself account- able If you share these values, if you have time and talents to share vdth us, if you would like to "give back” to the community we need you! Volunteers are the heart and soul of our organization. To volunteer, or for more information, call 951-676-7465. +pact ML HOPE � 2010 RACE FOR THE CURE The 12th Annual Kamen Inland Empire Race for the Cure is Sunday, October 17th, 2010 at the Promenade Temecula. Online registration is now open for individ- uals and teams at the Inland Empire Affiliate website - www.komenie.org. Our goal is 13,000 participants at this year's race, so register today- We hope to raise $750,000 in donations with this special event, and we need your help to reach our goal. 75% of the net proceeds raised at the Kamen Inland Empire Race for the Cure stays here in the Inland Em- pire to fund local community grants that offer breast cancer education, access to life-saving services, and treatment support programs that help the medically underserved. The remaining net income, a minimum of 25% goes towards the Susan G. Kamen for the Cure Awards and Research Grant Program. Since the Affiliate's inaugural Race for the Cure@ in 1999, $4.5 million dollars has been granted to local organizations that provide breast cancer education, diagnostic services and treatment support for unin- sured/ underinsured residents in the Inland Empire. On your mark, get set ........ go register today. The Power of 10 — It is so simple... If every participant asked 10 friends for $10 each we could easily reachHEPOWERor our goal — which will provide life- , saving services to the medically un- derserved in our community. Early detection of breast cancer is the BEST protection and EVERY dollar counts so we're counting on YOU! Reward yourself for hours of dedication to fundraising ... offer your gift to a family member or friend... or honor the special Survivor in your life with one of these great prizes. The choice is yours! Raise Receive your choice of........ $100-249.99 Susan G. Kamen Pink & Black Bag $250-499.99 Susan G. Kamen Walking Enthusiast Kit, Coleman® Event Stool, Susan G. Kamen Ultra Cotton Long Sleeve Top and more... $500-749.99 Samsonite® 25" Duffel, Coby® 2GB Video and MP3 Player, Susan G. Kamen North End Long Sleeve Top and more... $750-999.99 Motorola® Universal Bluetooth Headset, Garden Tech® Deluxe Indoor Set with Mini Tote, Susan G. Kamen Ladies' Activewear Set and more... $1000-1499.99 Panasonic® DVD Player, Coleman® Sundome Tent, Apple® iPod® Shuffle 2GI3 and more ... $1500-2499.99 Dooney & Bourke@ Nylon Letter Carrier Bag, Firesense® Cast Iron Fire Pit, Hamilton Beach@ Garment Steamer and more ... $2500-4999.99 Fujifilm® 12MP Digital Camera, Huffy® Men's or Ladies' Granite Bike, Brinkmanne Gourmet Charcoal Smoker/Grill and more... $5000-7499.99 Sharp® AQUOS Full HD 1080p Blu-ray Disc Player, Garmin® GPS Navigator Kit, Bose® Sound Dock® Series II Digital Music System and more $7500-9999.99 Coleman® "Getaway" Camping Package, Star Trac® Elliptical, Panasonic® 8.9" Portable Blu-Ray Player and more $10000+ Samsung® 28" Widescreen LCD HD TV, Cuisinart® 7 -Quart Stand Mixer, Samsunge 5.1 Blu-Ray Home Theater System and more.... `inspiration KOMEN TO THE RESCUE INLAND EMPIRE AFFILIATE FUNDS COMMUNITY OUTREACH PROGRAMS The Inland Empire Affiliate of Susan G. Komen for the Cure, one of over 100 Affiliates nationwide dedicated to putting an end to breast cancer, recently provided com- munity grants totaling $515,922 to support Inland Empire area breast health and breast cancer programs and ser- vices. The Komen Inland Empire Affiliate's local fundraising efforts, such as the Komen Inland Empire Race for the Cure® and other year around events, have enabled us to fund projects that offer low cost and no cost breast health services, breast cancer support, patient navigation and community outreach as well as support groups and ac- tivities for women, breast cancer survivors and their fami- lies. :. HELP GRANTEE SPOTLIGHT BREAST CANCER SOLUTIONS • Temporary Financial Assistance Program allows Breast Cancer Solutions to go the extra mile when it comes to helping people in need Breast Cancer Solution's mission is to ensure access to and compliance with life-saving breast cancer treatment by providing assistance for safe housing and adequate nutrition, as well as other life essentials, for patients who are unable to work while undergoing those treatments. Grant funds assist our clients by paying for rent, mort- gage, utilities and other basic living expenses. We also research other federal, state and private resources and assist our clients in navigating the maze of paperwork required to obtain these services. Above all, we provide experience -based moral support to all who contact us. As a result of these efforts, not only are people able to be treated who might otherwise not be treated, but the stresses accompanying treatment are lessened so that the treatment outcome is more likely to be positive. Anna Bell, Executive Director Phone (866) 960-9222 Fax (866) 781-6068 E -Mail: anna@bcsurvivors.org Did you know? There are about 2.5 million breast cancer survi- vors alive in the U.S. today 2010-11 Grant Recipients Breast Cancer Solutions Desert Cancer Foundation Inland Agency Kids Konnected Kommah Seray Inflammatory Breast Cancer Foundation Loma Linda University Loma Linda University, School of Public Health Michelle's Place San Antonio Community Hospital Quinn Community Outreach Corporation The Foundation for Community and Family Health FROM THE EDUCATION CHAIR - YVONNE Hello everyone this is Yvonne Ojeda. I'm a 3 year breast cancer survivor and currently serve on the board of direc- tors as the Education Chair of the Su- san G. Komen for the Cure, Inland Em- pire Affiliate. As the education chair my job is to educate our community in breast health awareness. I do this by attend- ing Health Fairs, speaking to groups on breast health and attending Breast Cancer Meetings in the Community. As a breast cancer survivor I have a passion for Komen for the Cure and I stand 100% behind everything the or- ganization stands for. The Promise.... "To save lives end breast cancer forever by empower- ing people, ensuring quality of care for all and energizing science to find the cures" With all the information that Susan G. Konen for the Cure, Inland Empire has on their website they were there for me when I was going through my journey. I hope to see you at the Race for the Cure this October! Four Step Breast Health A Step #1 First: Know Your Risk Education Chair Yvonne Ojeda A. All women are at risk for Breast Cancer. If you are a female and getting older, you are at risk for breast cancer. B. Talk to your family about health history. C. Talk to your doctor about your risk of breast cancer. Step # 2 Get Screened A. Have a clinical exam at least every 3 years starting at 20 and every year starting at 40. B. If you are under the age of 40 and have a history of breast cancer in your family talk to your doctor about early screening. Step # 3 Know What's Normal For You A. Know how your breasts feel and look and report any changes to your doctor right away. B. Do your Breast Self Exam. It is a tool that may help you learn what is normal for you. C. Report any changes to your doctor. Step # 4 Make Healthy Lifestyle Choices A. Maintain a healthy weight. B. Add exercise to your routine. C. Limit alcohol intake. 4nitiate PASSION FROM GRANT CHAIR - TIFFANY Over the past eleven years my three daughters and I have participated in the Race for the Cure. What began with my girls in strollers has become a family tradition with each of them running to the finish line. As a family we have known and supported friends who have struggled with the terrible affliction of breast cancer. Last year after losing a close friend to breast can- cer, I decided to join in the fight and found myself knocking on the door of Inland Empire's Affiliate of Susan G. Komen. I found out there are many ways to make a difference in the fight against breast cancer. One easy way is by participating in the Komen Race for the Cure in October. Did you know that 75% of all funds raised in the Inland Empire by the Susan G. Komen Affiliate office stay here in the local community? What a great ben- efit to all those touched by this disease. For the 2010- 2011 fiscal year cycle, 13 grants were awarded to local charities in the amount of $515,922.00. These local organizations educate and provide diagnostic services and support for breast cancer to women in the Inland Empire. FROM THE RACE CHAIR - DEBBIE Ten years ago watching someone fight the battle for her life, made me feel helpless and lost I didn't know what to say, didn't know how to make things better... this was a problem I couldn't fix. But 1 have learned over time, it is sometimes the small things that can make a difference and sets your life on a different course. I started with Susan G. Komen participating in the Race for the Cure and walked with my mom who is now a 10 year survivor along with our family and friends.] became a volunteer, and helped out where they needed me, spread- ing the message that early detection is the best protection. I befriended many pink warriors whose stories touched my heart and made friendships that seal my commitment on a daily basis. I now serve on the Board of Directors as a Cc Race Chair and have the pleasure of working with an extremely talented Race Committee, dedicated sponsors, local high schools and hundreds of volunteers on our Inland Empire Race for the Cure event. I am thankful everyday for the small things and the people that I have crossed paths with that have allowed me the opportunities to make a difference. I am blessed with a supportive husband and two wonderful daughters. © 2010 Susan G. Komen for the Cure. The Running Ribbon is a trademark of Susan G. Komen for the Cure. FROM THE TREASURER - CHARLOTTE Hi, my name is Charlotte Kilgore and I am the Treasurer for the Inland Empire Affiliate, and have been an active Board Member since November of 2008. 1 am a two time survivor of breast cancer, a Breast Bud- dy for Kaiser Permanente and a Co -facilitator of Women Reaching Women support group. Other than being a mem- ber of the Komen Board of Directors, one of my greatest joys of life is being married and having 3 children. Since traveling through my personal journeys and work- ing with Komen, I have been given a gift of learning and sharing. This has become my mission and purpose in life. As they say, when you are given lemons make lemonade, and I have been blessed to make a lot of lemonade. Welcome To Our Newest Board Members... In July, Micid Greenspan, Dorcy Bowman Rose and Bar- bara Killian joined the Komen Board of Directors... we are thrilled to have their fresh ideas and passion for the cause! A very special thank you to Patricia Jefferies McDowell, our outgoing board member for her years of dedication and passion for our Affiliate and the Komen Promise... we will miss her! Katie Parker Executive Director Susan G. Komen for the Cure Inland Empire Affiliate 2010 -Board of Directors President ...................................... Sandy Finestone Past - President ........................... Leslie Doherty Secretary ..................................... Debbie Gilligan Treasurer ..................................... Charlotte Kilgore Education Chair ........................... Yvonne Ojeda Grants Chair ................................ Tiffany Robertson Race Chair ................................... Debbie Gilligan Affiliate Development Chair ......... Lisa Henderson -Welsh Public Policy Chair ....................... Vicky Figueroa -Torres Desert Liaison Chair .................... Micki Greenspan Communications Chair ................ Dorcy Bowman Rose Volunteer Chair ............................ Barb Killian 4mprove BREAST CANCER SURVIVORS AND ADVOCATES CALL ON CALIFORNIA TO UNDO SCREENING CUTS • Komen California Affiliates Wam of Risk to Area Women from Ongoing Restrictions SACRAMENTO –July 1, 2010– Breast cancer survivors and advocates from all seven California Affiliates of Su- san G. Komen for the Cure® signaled their alarm today at cuts to California's Every Woman Counts program, the state's breast and cervical cancer screening program for low-income uninsured and underserved women. The recently announced cuts effectively deny access to vital breast cancer screening services and diagnostics for 1.2 million women until further notice. In November, the California Department of Health Care Services announced no new breast cancer screening en- rollments would be accepted as of January 1, 2010, but the restriction was expected to be lifted at the start of the new fiscal year, July 1, 2010. The state also announced that women age 40 to 49 were no longer eligible for the program. "We fully understand the tough economic situation our elected leaders face and the difficult choices they must make. Yet balancing the budget on the backs of our state's neediest women is a terrible mistake that could have tragic consequences. We should not deny women who have very few options and limited resources access to screening and treatment services that may save their life," said Dr. Sandra Finestone, President, Inland Empire Affiliate. Every Women Counts (EWC) is a joint program by the state Department of Public Health and the Center for Dis- ease Control and Prevention's National Breast and Cer- vical Cancer Early Detection Program. Komen notes that early detection of breast cancer is a key to surviving the disease. When breast cancer is detected early before it has spread beyond the breast, the 5 -year relative sur- vival rate is 98 percent, but plummets to 23 percent when it has spread to other parts of the body. Unfortunately, women with low incomes who are uninsured or under- insured — like those eligible for Every Women Counts — are more likely to skip potentially life-saving cancer screenings, which leads to laterdiagnoses, largertumors and lower survival rates. In California alone, 21,130 women will be diagnosed with breast cancer this year and more than 4,200 will lose their battle with the disease. "We know the need will continue regardless of the ability of the state to meet it. Komen Affiliates will continue to do our part to meet the needs of underserved women; yet, these resources are extremely limited and not avail- able in all areas. We cannot do this alone," said Ka- tie Parker. "Komen for the Cure and its Affiliates have long been concerned that one-third of women in the U.S. today — some 23 million — are already not receiving regular recommended screenings due to lack of access, education or awareness. Unfortunately, the decision to continue restricting access to the Every Woman Counts program makes the problem even worse." ANOTHER WAY TO SUPPORT KOMEN IN THE FIGHT AGAINST BREAST CANCER • California Women Deserve Better! Join breast cancer advocates in writing a Letter to the Editor of your local paper, expressing deep concern about the cuts to California's breast cancer screening and treatment services. This is literally a matter of life and death for women in California. We are reaching out to the Governor, the state Department of Public Health, the State Legislature, the media – anyone who will lis- ten. We need YOU to help us spread the word raise aware- ness about these cuts – as well as the grave conse- quences for the women who will be turned away. We strongly encourage you to personalize the letter and share your story. Personalized letters are MUCH more likely to be published. Once you have sent your letter please let us know at policy@komen.org. Lauren Smith - 2009 Kids 4 Komen Art Contest Winner • Desert Cities Survivor Brunch -Rancho Mirage From the Executive Director Photo courtesy of Jacqueline Amparo Katie Parker 20 1 0!s turning out to be a creat year for the Inland Empire Affiliate despite the econo- my! At Susan G. Komen for the Cure® it is about never giving up and going that extra mile! This past spring, we were able to bring back our Sur- vivor Breakfast Celebration thanks to Pechanga Re- sort & Casino and add the Inaugural Desert Cities Survivor Brunch Celebration in Rancho Mirage. Survivors are passionate, energiz- ing and inspiring and really keep us focused on our Komen Promise. All of us at the Affiliate, the board of directors, staff and volunteers have been touched by someone we love who is fighting breast cancer. When you are in the midst of that experience you want to do so much to help... it can be frustrating at times. However, each step we take to increase breast cancer awareness or raise funds for needed services, we are truly making a difference. Navigating a breast cancer diagnosis is a journey of its own, but add having no job, no in- surance and no access to services makes this road overwhelming ... one we want no one to face. This year's Race for the Cure will be pivotal for the women and families who will need future assistance. With the recent changes to the Every Woman Counts Program for uninsured women in the state of Califor- nia, raising adr&tional funds will be critical to meet the growing need in our communities. I challenge all of us who acknowledge breast cancer as our cause to invite others to join us ... for this is an opportunity to save lives! "What you leave behind is not what is engraved in stone monuments, but what is woven into the lives of others." -Pericles SUSOn G. `�• Komen7 cure. INLAND EMPIRE 43397 Business Park Dr. D-9 Temecula, CA 92590 951-676-7465 Non -Profit Organization U. S. Postage Paid Temecula, CA Permit NO 981 KOMEN PROMISE - To save lives and end breast cancer forever by empowering people, ensuring quality of care for all and energizing science to find the cures. Komen Inland Empire Activities & Events SEPTEMBER 3, 5pm - 9pm Sleep In for the CureO Registration Soboba Casino & Resort - San Jacinto, CA SEPTEMBER 10, 2pm - 6pm Kid's Art Contest Promenade Mall -Temecula, CA SEPTEMBER 11, 10am - 3pm Kid's Art Contest Promenade Mall - Temecula, CA SEPTEMBER 14 Massage for the Cure® Massage Envy - Nationwide SEPTEMBER 18,9am-9pm Scrap Yourself Pink Crop Renaissance Hotel - Palm Springs, CA SEPTEMBER 23 & 24 Grant Writing Workshop Location - TBD SEPTEMBER 30 - OCTOBER 3 Soboba Golf Classic / Nationwide Tour San Jacinto, CA OCTOBERS Wild Women of Wine Country Luncheon South Coast Winery Resort & Spa -Temecula, CA OCTOBERS Bo Bice and Bomshel Concert Riviera Resort & Spa - Palm Springs, CA OCTOBER 16 Shop For A Cause Macy's - Nationwide OCTOBER17 12th Annual Komen Inland Empire Race for the Cure aO OCTOBER 17 Pink Ribbon Square Dancers Beaumont, CA OCTOBER 25 & 26 Komen on the Go, College Campus Mobil Outreach Locations - TBD OCTOBER 28 - 31 The Haunting of Corona Corona Heritage Foundation OCTOBER 30 & 31 Premium Outlets Pink Event—Text Pink. Shop. Save Cabzon, CA NOVEMBER 12-14 3 Day Crop Scrapbooking Event French Valley CA Visit www.komenie.org for details. INLAND EMPIRE AFFILIATE OF SUSAN G. KOMEN RACE FOR THE CURE® Attachment C — 2009 Race for the Cure® Event & Grant Recap Susan G. Komen for the Cure' - Susan G. Komen for the Cure was established in 1982 by Nancy Brinker to honor the memory of her sister, Susan, who died of breast cancer at the age of 36. Today, Susan G. Komen for the Cure is credited as the nation's leading catalyst in the fight against breast cancer. Susan G. Komen for the Cure has more than 100,000 dedicated breast cancer survivors and activists in 125 cities and communities making it the largest grassroots network in breast cancer today. Through programs like the Komen Race for the Cure series, the world's largest and most successful education and fundraising event, and other special awareness events, Komen Affiliates raise tens of millions of dollars each year to help fight breast cancer. Our Promise The Susan G. Komen for the Cure promise: to save lives and end breast cancer forever by empowering people, ensuring quality of care for all and energizing science to find the cures. Where the Money Goes Up to 75% of the net proceeds raised by the Komen Inland Empire Race for the Cure' stays in the Inland Empire to fund local community grants to help the medically underserved. The remaining 25% goes to support the National Susan G. Komen for the Cure Award and Research Grant Program. 2009 Race for the Cure;'. Stats Be a Part of Our Organization Number of Participants ........ ....... .......................... 11,897 Sponsorships of Cash & In -Kind for: Sleep-In............................................................................262 • Affiliate Kids Only Run................................................................366 • Race for the Cure` Breast Cancer Survivors............................................646 • Survivor Breakfast RaceVolunteers ........................................................... 700 • Third Party Events Largest Team Overall..................................................262 Team PHS • Kids 4 Komen Largest Friends & Family Team ...............................134 Dancers for Healthy Hooters Largest School/Organization Team.....................200 Volunteering: Menifee USD . Affiliate Office Work Most Money Raised by a Team ................$17,086.76' Dancers for Healthy Hooters • Affiliate Outreach HIGH SCHOOL TEAM CHALLENGE > Affiliate Events (listed above) argentTeam.-.................................................................tit . Kids 4 Komen Murrieta Mesa High School Most Money Raised...............................................$3,808 Susan G. Komen for the Cure`" Vista Murrieta Broncos Inland Empire Affiliate TOP 3 FUNDRAISERS Robin McDonnell ....................................................$5,824 Jennifer Hopkins .................................................... $3,200 DebbyDyer ..... - ...................................................... Participant Entry/Pledges & Donations..$518,858' Sponsor Cash .................................................... $207,350" Sponsor In -Kind .............................................. $926,490` `Totals as of October 29, 2009 .join us for Our 12th Annual Race for the Cure" October 17, 2010 43397 Business Park Dr., Suite D-9 Temecula, CA 92590 (951) 676 -PINK (7465) Fax (951) 676-7211 visit us at www.komenie.org For information about breast health, please call Susan G. Komen for the Cure Toll -Free Breast Care Helpline: 1 -877 -GO KOMEN (465-6636) or visit the Komen award-winning website at www.komen.org 6:04.PIVe Inland Empire Affiliate of Susan G. Komen for the Cure 04/23/09 Balance Sheet �gcruat Basis As of March 31, 2009 Page 1 Mar 31, 09 ASSETS Current Assets - Checking/Savings 12030 . Investment -Smith Barney 202,976.29 10010 - Cash -Operating TV13 20,416.45 10040 - Cash -Mission Oaks MM 100,971.08 10050 - Cash -Petty Cash 250.00 10060 - Cash -Savings TVB 6,004.82 10070 - Cash -Plaza Bank 17,614.33 10071 - Plaza Bank Money Market 191,586.33 12010 - Investment -CD Mission Oaks 114,652.95 Total Checking/Savings 654,472.25 Accounts Receivable 15030. Receivables - Other 6,985.00 Total Accounts Receivable 6,985.00 Other Current Assets 13055 - Prepaid Expenses 332.50 19000 - Other Assets Deposit 1,392.00 Total 19000 -Other Assets 1,392.00 Total Other Current Assets 1,724.50 Total Current Assets 663,181.75 ' Fixed Assets 20012.Office Equipment 4,007.00 21012 - Accum. Depr.-Office Equipment -6,609.74 - 21050 • Accum. Depr.-Funniture & Fixt -5,232.00 Total Fixed Assets -7,834.74 TOTAL ASSETS 655,347.01 LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable 26000 - Grants Payable 345,620.18 26500 - Komen Payable 9,628.86 Total Accounts Payable 355,249.04 Total Current Liabilities 355,249.04 Total Liabilities 355,249.04 Equity 29910 - Retained Earnings 211,876.32 Net Income 88,221.65 Total Equity 300,097.97 TOTAL LIABILITIES & EQUITY 655,347.01 Page 1 6:01 PM Inland Empire Affiliate of Susan G. Komen for the Cure 04123109 Profit & Loss YTD Comparison `Ccrual Basis March 2009 Mar 09 Apr'08 - Mar 09 Income 31001 • Contributions- Corporate - - Ratty for a Cure 10,000.00 129,453.63 31001 • Contributions - Corporate - Other 14,490.39 53,831.98 Total 31001 • Contributions - Corporate 24,490.39 183,285.61 31005 • Contributions - Third Party 1,022.00 10,869.36 32001 • Contributions - Individual Kids for Komen 0.00 2,317.78 32001 • Contributions - Individual - Other 12,725.22 28,709.91 Total 32001 • Contributions - Individual 12,725.22 31,027.69 33005 • Raffle Income 0.00 210.01 33016 • Contributions - Memorial/Honor. 25.00 1,330.00 33025 • Restricted Contributions 3 Day Walk 78,895.01 78,895.01 - 33025 • Restricted Contributions - Other 0.00 6,875.00 Total 33025 • Restricted Contributions 78,895.01 85,770.01 39001 • Sponsorships 0.00 187,280.70 40004 • Merchandise Sales Knit for A Cure 0.00 484.50 40004 • Merchandise Sales - Other 0.00 5,933.94 Total 40004 • Merchandise sales 0.00 6,418.44 40100 • Event Fee ' Race Entry Fees 0.00 266,928.00 Race Pledges 7,086.51 196,639.19 Total 40100 • Event Fee 7,086.51 463,567.19 - 42005• Interest Income 547.22 11,133.71 49019.Other Income Expo Booth 0.00 0.00 New Balance 0.00 0.00 Tenn Photo 0.00 0.00 Team TShin Competition 0.00 0.00 Team Tailgate 0.00 0.00 Total 49019.Other Income 0.00 0.00 49030 • Intercompany Revenue 0.00 4,000.00 Total Income 124,791.35 984,892.72 Expense 51000 - Advertising 0.00 265.00 52010 • Bank Charges 14.50 631.22 52020 • Payroll Processing Fees 0.00 60.85 53200 • Race Course Production 6.86 104,044.94 55510 - Contract Labor 2,259.00 3,873.00 56100 • Food/Beverage 94.88 410.85 56200 • Meeting Costs 104.00 1,019.29 57010 • Dues and Subscriptions 15.00 943.00 59510 • Equipment RentlRepaidMaint 153.71 2,204.47 60510 • Gifts and Recognition 0.00 3,669.99 62015 • Insurance 0.00 3,240.00 63510 •Other 0.00 500.00 64010 • Supplies 14,411.00 26,419.72 64511 • TShirts 2,939.50 3,355.91 65010 • Photo & Video 0.00 610.00 65510 • Postage and Delivery 188.00 3,808.75 66710 • Professional Development 0.00 1,838.59 67200 • Cost of Goods Sold 0.00 3,395.97 69010 • Rent & Utilities Rent 1,676.30 20,107.80 Utilities 163.66 1,667.53 Total 69010 • Rent & Utilities 1,839.96 21,775.33 Page 1 6:01 PM Inland Empire Affiliate of Susan G. Komen for the Cure 04123109 Profit & Loss YTD Comparison ,,crual Basis March 2009 Mar 09 Apr'08- Mar 09 70100 • Salaries _ 13,192.25 70200 - Payroll Taxes 1,178,38 70400 • Employee Benefits 1,256.78 73510 • Taxes & Regulatory Fees 0.00 74510 • Telephone 316.23 75010 • Travel/Entertainment 808,61 76000 • Grants Awarded 345,620.18 76500 • Grants Returned ! Rescinded 0.00 90005 • Research Pmt to Komen National 9,628.86 Total Expense Net Income 156,976.91 13,364.56 15,167.32 -30.77 3,395.03 10,320.01 352,370.17 -831.68 163,372.64 394,027.70 896,671.07 -269,236.35 88,221.65 Page 2 250"' 5 Inland Empire Affiliate of Susan G. Komen for the Cure MIS" A00rual Basis Pf0fit & Loss by Class April 1 Through [December 15, 2D09 Race TOTAL income 31001 • Caihiiwtians-Corporate ReNyfor aCure - - 145.00 145.00 ' 31001• ConWbutions- Corporate -Other 6,328.43 6=43 Total 3't001-Conir"ons-Corporale 8,473.43 6.473.43 31005-Conaikrtials-Third Party 6,801.00 6,805.00 32001• ContribLdons-IrxAvidual 7,169.04 7,189.04 39001 -Sponsorships 169,997.17 169,9W.17 40004 - Merchandise Sales 40OO 4000 40100 • Evert Fee Race Entry Fees 291,945.00 291,9460D Pace Pledges 231,999.88 231.999.86 40100- Event Fee -Other 1,11684 1,116.84 Total 40100 - eMA Fee 525,061.72 525,061.72 42005' interest 4rca m 57.34 5734 49004•GaiNLOSs- Assets (Nm4west) 7600 75.OD 49M9.Other moronic Expo Booth 11050OD 1,050.OD Tran Photo 42600 425.OD Team T-wrtcompetition 754.53 754.53 Team Tailgate 2,65000 2.650.00 AIMS . Other kxmv-Other 1,69600 1,695.OD TOW 49019.Other income 6,574.53 6,5/4.53 Thal Inc mm 722,27223 772,272.23 Expense $1000 -Advertising 2,240OD 2,240.00 52010 - Bank Charges 199.04 199.04 62030 • Credit Card Processing Fees 1,483.44 1,483.41 $3100 - Race Bibs 2,83200 2.832.00 53200 • Rare Course Production 91,487.78 91,487.78 65510 - Contract Labor 420.84 420.84 56200 - Meeting Costs 121.90 121.90 60610 • Gifts and Recognition 2,288.65 2,288.65 63610.0lher 2,045.00 2,04600 64010 -Supplies 6,163.30 6,163.30 64511 - TShirts 83250 83250 66010-Photo&Video 6DD.00 60D.OD 65510 - Postage and Valk" 1,24609 1,39609 70100 -Salaries 20,92''4.92 20„925.92 70200- Pairm" Taxes 2,271.62 2,271.62 75010 • TravellEMertainmant 154.22 154.22 " Total Pence 135,31230 135,31230 Net Income 978,959.93 $86,959.93 Page 1 of t II. TEMECULA FALL ROD RUN ATTACHMENT A-2010 SPONSORSHIP AGREEMENT SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND P & R FOUNDATION THIS AGREEMENT is made and effective as of this 14th day of September, 2010, by and between the CITY OF TEMECULA ("City"), and P & R Foundation, a California nonprofit corporation. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: A. P & R Foundation shall operate the 2010 Temecula Fall Rod Run on October 8 - 9, 2010. The Temecula Fall Rod Run is a special event which is located in Old Town Temecula. The 2010 Temecula Fall Rod Run is expected to draw between 50,000 — 60,000 people for the event. B. The event includes the display of approximately 650 classic cars. The event will feature a Car Cruise which will be held Friday evening, and a "Show & Shine" held on Saturday. No alcohol will be served. C. The City desires to be a "Presenting Sponsor" of the 2010 Temecula Fall Rod Run. D. The Temecula Fall Rod Run will serve as a fundraiser with The Boys & Girls Club of Southwest County, a local non-profit organization whose charitable work and contribution have benefited many local children in the Temecula Valley, selected to be the primary recipient. Other funds that are available will be designated to other Temecula based charities. P & R Foundation will be reimbursed for their services in promoting this event and for operations. The Drifters Car Club will receive $400 for their assistance with parking, judging, and vendor coordination. 2. TERM. This Agreement shall commence on September 14, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION. In exchange for providing P & R Foundation of approximately Fifty-nine thousand, five hundred sixty two dollars ($59,562) for city -support costs of Public Works, Fire, Police, Community Services and Code Enforcement as listed in Exhibit B, the City of Temecula shall be designated as a "Presenting Sponsor" of the 2010 Temecula Fall Rod Run. As a Presenting Sponsor the City shall receive sponsor benefits as listed in Exhibit A. In the event that City support services exceeds $59,562, the sponsor may seek City authorization for payment above that amount. P & R Foundation is requested to partner with the Temecula Valley Convention & Visitors Bureau (TVCVB) to help promote the event. The City of Temecula contracts with the Temecula Valley Convention & Visitors Bureau to generate Visitor -Related Economic Impact for the City of Temecula. This will include but not be limited to over -night room bookings, dining and shopping within the City of Temecula. Any media visits coordinated by P & R Foundation shall include an invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly, P & R Foundation shall include in its basic press kit a press release provided by the TVCVB which focuses on the attractions of Temecula, including Old Town, golf, wineries, etc. This informational piece shall be provided to all media working with P & R Foundation or its representatives on Festival -related stories. 4. ALLOCATION OF FUNDS. P & R Foundation shall use the City's Sponsorship Funding of City Support Costs in an amount not to exceed Fifty-nine thousand, five hundred sixty-two dollars ($59,562) listed in Exhibit B, to produce the Temecula Fall Rod Run. Funds are to be used to provide a special event for Temecula Valley residents and visitors showcasing classic cars, special interest vehicles, hot rods and custom cars. 5. WRITTEN REPORT. Within ninety (90) days after the conclusion of Temecula Fall Rod Run, P & R Foundation shall prepare and submit to the Assistant City Manager a written report evaluating Temecula Fall Rod Run, its attendance, media coverage, and description of the materials in which the City has listed as a Presenting Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of Temecula Fall Rod Run must be included in such a written report. 6. FINANCIAL REVIEW. P & R Foundation shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Temecula Fall Rod Run. This financial review of the 2010 Temecula Fall Rod Run should be completed and submitted to the City no later than December 31, 2010. The financial review shall provide a general summary report on how funds were expended and used to benefit Temecula Valley residents and shall include documentation, including but not limited to, copies of invoices, receipts and cancelled checks to support the Sponsorship Funding. The financial documentation is subject to an audit, as determined by City staff. 7. PERMITS. P & R Foundation shall file applications for a Temporary Use Permit and Special Event Permit with the City no later than thirty (30) days prior to the first day of Temecula Fall Rod Run. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. P & R Foundation shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 8. MEETING ATTENDANCE. P & R Foundation shall attend all City pre -event planning meetings and event recap meetings if warranted. 9. INDEMNIFICATION. P & R Foundation shall indemnify, protect, defend and hold harmless the City of Temecula, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of P & R Foundation's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 10. INSURANCE. P & R Foundation shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by P & R Foundation, its agents, representatives, or employees. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (i) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (ii) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If Recipient owns no automobiles, a non - owned auto endorsement to the General Liability policy described above is acceptable. (iii) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Recipient shall execute a declaration that it has no employees. B. Minimum Limits of Insurance. Recipient shall maintain limits no less than: (i) General Liability: Two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (iii) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or P & R Foundation shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (i) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of P & R Foundation; products and completed operations of Recipient; premises owned, occupied or used by P & R Foundation; or automobiles owned, leased, hired or borrowed by P & R Foundation. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (ii) For any claims related to this project, P & R Foundation's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of Recipient's insurance and shall not contribute with it. (iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (iv) P & R Foundation'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. (v) Each insurance policy required by this Agreement shall be endorsed to state that coverage shall that should the policy be suspended, voided, canceled by either party, reduced in coverage or in limits, the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (vi) If insurance coverage is canceled, modified, or reduced in coverage or in limits, P & R Foundation shall within two (2) business days of notice from the insurer phone, fax and notify the City via certified mail, return receipt requested, of the changes to or cancellation of the policy. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. F. Verification of Coverage. P & R Foundation 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, P & R Foundation's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. GOVERNING LAW. The City and P & R Foundation 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. LEGAL RESPONSIBILITIES. P & R Foundation 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. P & R Foundation 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 P & R Foundation to comply with this section. 13. ASSIGNMENT. P & R Foundation shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: CITY: CITY OFTEMECULA P.O. Box 9033 Temecula, CA 92589-9033 Attention: Aaron Adams, Assistant City Manager RECIPIENT: P & R Foundation 39252 Winchester Rd. #107-361 Murrieta, CA 92563-3510 Attention: Ray Waite, President The City intends to relocate to a new City Hall on or about October 2010. Please call 951.694.6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand -deliveries ONLY: CITY: CITY OFTEMECULA 41000 Main Street Temecula, CA 92590 Attn: Aaron Adams, Assistant City Manager RECIPIENT: P & R Foundation 39252 Winchester Rd. #107-361 Murrieta, CA 92563-3510 Attention: Ray Waite, President 15. INDEPENDENT CONTRACTOR. A. P & R Foundation shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of P & R Foundation shall at all times be under P & R Foundation's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of P & R Foundation's officers, employees, or agents except as set forth in this Agreement. P & R Foundation 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. P & R Foundation 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 P & R Foundation in connection with the performance of this Agreement. Except for the fees paid to P & R Foundation as provided in the Agreement, City shall not pay salaries, wages, or other compensation to P & R Foundation for performing services hereunder for City. City shall not be liable for compensation or indemnification to P & R Foundation for injury or sickness arising out of performing services hereunder. 16. 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. 17. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of P & R Foundation warrants and represents that he or she has the authority to execute this Agreement on behalf of P & R Foundation and has the authority to bind P & R Foundation to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney P & R Foundation 39252 Winchester Rd. #107-361 Murrieta, CA 92563-3510 (951) 303-9599 By: Name: Ray Waite Title: President By: Name: Randy Haapala Title: Vice -President EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS PRESENTING SPONSOR P & R Foundation shall provide the following benefits and services for the citizens of the City of Temecula: City of Temecula logo/name on advertisements City of Temecula name on all press releases City of Temecula logo/name on event poster City of Temecula logo/name on event flyers City of Temecula logo/name on event t -shirt 10 Rod Run t -shirts "Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. EXHIBIT "B" ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the 2010 Temecula Fall Rod Run. The following expenses can be anticipated for the event: Police: $ 22,000 Fire: 8,000 Public Works: 9,543 Additive Costs (Public Works) 16,419 Community Services: 2,000 Code Enforcement: 1,600 TOTAL: $ 59,562 11. TEMECULA FALL ROD RUN ATTACHMENT B - 2010 EVENT & BUDGET Fall Rod Run 2010 Budget Revenue Car Registrations Sponsors /Vendors T Shirt Sales Silent Auction Trophy / Program Book Total Expences Insurance Postage Awards T Shirts / Sweat Shirts Phone Communication Equipment Clean Up Porta Potties Thank you Dinner Advertising Posters Health Department City Fee / Permits Refreshments for Meetings Misc Costs / Supplies Printing Web Maintenance Program Books Total Expenses Revenue Net Revenue Money to Charities Money to P& R Foundation *** *** Start up money for Spring Budget $23,000.00 $14,000.00 $3,000.00 $3,500.00 $8,500.00 $52,000.00 $3,700.00 $800.00 $1,800.00 $9,500.00 $200.00 $260.00 $1,550.00. $2,800.00 $900.00 $600.00 $300.00 $400.00 $300.00 $300.00 $7,000.00 $800.00 $700.00 $800.00 $32,710.00 $52,000.00 $19,290.00 $13,000.00 $6,290.00 39252 Winchester Rd. #107-361 Murrieta, CA 925 Phone: (951)303-9599 Fax(951)303-9599 1. Provide information on your event, goals, promotional program. Budget, expected attendance, funding recipients and location of the event. If the event venues are held at multiple locations please list. The Event will be a family oriented event with a Friday Night Cruise & Saturday Show and Shine held in Old Town Temecula. The goal of the event is to provide fun for the community and raise funds for Temecula based charities; with the Boys and Girls Club of the Southwest County being the primary recipient. We expect between 45,000 and 60,000 people to attend the event. We will have newspaper, radio and magazine adverting to promote the event. We will also do a mailing to 2500 car owners we have on our mailing list. 2. How will the event profits be utilized? A major portion of the proceeds will be going to the Boys and Girls Club of the Southwest County. We plan on using other portions of thefunds to assist other Temecula area charities. We are planning on trying to assist the families in need with portions of the Rod Run as well as youth groups. 3. Explain how your organization has worked well with the community to migrate event impacts. We are working with the Downtown Temecula Association with having the Merchants involved in the Rod Run. 4. Please describe your financial reporting. We currently use Quick Books as our primary method of accounting 5. If your organization received City of Temecula funding in the previous year, please provide a brief recap of the event, attendance, accomplishments and its economic benefit to Temecula. Explain it the event goals, marketing program, and attendance were consistent with what was proposed. See attached Ray Waite President P & R Foundation M 39252 Winchester Rd. #107-361 Murrieta, CA 925 Phone: (951)303-9599 Fax(951)303-9599 To: City of Temecula The City of Temecula's benefits as a Presenting Sponsor of the Temecula Fall Rod Run includes the following: • City logo/or name will appear on all flyers, advertisements, poster, and event t shirts • City name on all press releases • City of Temecula advertisement in the official program. • Increased Income to the City • Publicity for the City Ray Waite President P & R Foundation IL TEMECULA FALL ROD RUN ATTACHMENT C - 2009 TEMECULA FALL ROD RUN RECAP 1 511m, d" Ow 39252 Winchester Rd. #107-361 Murrieta, CA 925 Phone: (951)303-9599 Fax (951)303-9599 To: City of Temecula The 2009 Temecula Fall Rod Run was a Huge success for all. . We estimate the attendance at about 50,000 to 60,000 people and there were about 625 registered show cars. There were also 55 vendors in attendance which exceeded the number we projected. With that we estimate we had the largest crowds on Friday night at the cruise we have ever had. On Saturday the weather was perfect and the crowds were heavy from early morning till the show ended at 4:00. This year we had several street performances by some world class musicians located at various places on Old Town Front Street. We expect to meet our goal in raising money for the Boys and Girls Club of the Southwest County. We also donated booth space to various non profits and other organizations including The Border Patrol, Search Dogs of Riverside County. Thank you for all your support, without it the event would not be a success. This year we worked closely with the merchants of Old Town to ensure they were pleased with the vendor set up and the advertising of the merchants in Old Town. We provided the DTA with a full page ad in the program and supplied numerous PA announcements to visit the merchants of Old Town. During this event the motels were all at max occupancy and the restaurants in the area benefited from the increased traffic in the Temecula area. The event was advertised though a mailing to about 2300 car owners. We had newspaper advertising, Magazine, and radio ads. The event was also promoted via the internet through various car show web sites as well as the rodruntemecula.com web site. There where posters distributed through out the City. Ray Waite President P & R Foundation Fall Rod Run Oct 9 & 10 2009 | � Revenue Budget Actual Car Registrations $ 20.000.00 $ 20'10080 Sponsors $ 18.000.00 $ 12'075.00 Vendors $ 7'500.00 $ 5j650.00 T-ehirt,Souvenir Sales $ 7,508.00 $ 5'23000 Raffle / Silent auction $ 7,000.00 $ 5.50080 Trophy Sponsors $ 2,40080 $ 5.830.00 Total $ 62,480.00 $ 55,365.00 Expenses F|y000 $ 500.00 $ 02080 Final Dinner $ 1'000.00 $ 925.00 /\vveodo $ 2.800.00 $ 2'075.00 Postage $ 1.500.00 $ 1'700.00 Clean Up $ 1,550.00 $ 1'75080 Insurance $ 5,600.00 $ 3.35000 Communications Equipment $ 331.00 $ 33180 T-shirts / Sweat Shirts $ 11,000.00 $ 14.80000 Souvenir $ 2,20080 $ ' Porta Potties $ 2.800.00 $ 1'350.00 Supplies $ 1,500.00 $ 5.094.00 Miscellanies costs $ 4,000.00 $ 1.130.00 Refreshments Meetings $ 200.00 $ 20380 Advertising $ 1'000.00 Q 25080 Health Department $ 42580 $ 505.00 Posters $ 500.00 $ 075.00 Web Maintenance $ 650.00 $ 200.00 Permits Fee's City $ 300.00 $ 10580 Total Expenses $ 37,856.00 $ 35,843.08 0|evmome $ 02,400.00 & 55'36580 Net Revenue $ 24,544.00 $ 10,522.00 � Donations t"»Charities $ 20.000.00 $ 15.100.00 ToP&R Foundation $ 4,544.00 $ � 4,422.00 � CONSOLIDATED FINANCIAL STATEMENTS AND SUPPLEMENTAL SCHEDULES The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Years Ended March 31, 2009 and 2008 With Report of Independent Auditors Ernst & Young LLP 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidated Financial Statements and Supplemental Schedules Years Ended March 31, 2009 and 2008 Contents Report of Independent Auditors..... Consolidated Financial Statements Consolidated Statements of Financial Position.... Consolidated Statements of Activities ................. Consolidated Statements of Cash Flows .............. Consolidated Statements of Functional Expenses Notes to Consolidated Financial Statements........ Supplemental Schedules 1 Consolidating Statement of Financial Position by Affiliate..........................................................23 Consolidating Schedule of Revenue by Affiliate...........................................................................35 Consolidating Schedule of Functional Expenses by Affiliate.......................................................38 0909-1088065 I I I I I I I I I H Ernst & Young LLP III ERNST&YOUNG Suite 2000 2323 Victory Avenue Dallas, Texas 75219 Tel: +1 214 969 8000 Fax: +1 214 969 8587 www.ey.com Report of Independent Auditors The Board of Directors The Susan G. Komen Breast Cancer Foundation, Inc. We have audited the accompanying consolidated statements of financial position of The Susan G. Komen Breast Cancer Foundation, Inc., dba Susan G. Komen for the Cure and Affiliates (the Organization) as of March 31, 2009 and 2008, and the related consolidated statements of activities, cash flows, and functional expenses for the years then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these consolidated financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. We were not engaged to perform an audit of the Organization's internal control over financial reporting. Our audits included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Organization's internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, and evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the consolidated financial position of The Susan G. Komen Breast Cancer Foundation, Inc. and Affiliates at March 31, 2009 and 2008, and the consolidated results of their operations and their cash flows for the years then ended, in conformity with accounting principles generally accepted in the United States. Our audit was conducted for the purpose of forming an opinion on the 2009 consolidated financial statements taken as a whole. The accompanying consolidating statement of financial position by Affiliate as of March 31, 2009, and the consolidating schedules of revenue by Affiliate and functional expenses by Affiliate for the year ended March 31, 2009, are presented for purposes of additional analysis and are not a required part of the 2009 consolidated financial statements. Such information has been subjected to the auditing procedures applied in our audit of the 2009 consolidated financial statements and, in our opinion, is fairly stated in all material respects in relation to the 2009 consolidated financial statements taken as a whole. 19� -f "I UP October 28, 2009 0909-1088065 A member firm of Ernst & Young Global Limited The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidated Statements of Financial Position Assets Cash and cash equivalents Investments (Note 2) Receivables, net (Note 3) Prepaid expenses and other assets Property and equipment, net (Note 1) Total assets Liabilities and net assets Accounts payable and accrued expenses Deferred revenue Grants payable, net (Note 4) Total liabilities Net assets (Note 5): Unrestricted — undesignated Unrestricted — board designated Total unrestricted Temporarily restricted Permanently restricted Total net assets Total liabilities and net assets See accompanying notes. March 31 2009 $ 225,654,062 90,391,632 57,045,492 3,495,280 5,922,337 $ 382,508,803 $ 9,788,369 3,310,513 247,125,219 260,224,101 50,827,177 1,000,000 51,827,177 70,232,525 225,000 122,284,702 $ 382,508,803 2008 $ 241,935,049 77,293,551 65,089,674 3,049,343 2,799,833 $ 390,167,450 $ 12,018,934 2,985,361 245,455,129 260,459,424 53,801,723 1,000,000 54,801,723 74,681,303 225,000 129,708,026 $ 390,167,450 2 0909-1088065 Public support and revenue: Contributions, sponsorshups, and race entry fees Contributed goods and services (Note 1) Less direct benefits to donors and sponsors Interest and dividends Net realized (losses) gains on investments Net unrealized losses on investments Other Net assets released from restrictions Total public support and revenue Expenses: Supporting services: General and administrative Fund-raising costs Total supporting services Program services: Research Public health education Health screening services Treatment services Total program services Total expenses Change in net assets Net assets at beginning of year Net assets at end of year See accompanying notes. The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidated Statements of Activities Year Ended March 31, 2009 Year Ended March 31, 2005 Temporarily Permanently Temporarily Permanently Unrestricted Restricted Restricted Total Unrestricted Restricted Restricted Total $265,676,237 $ 32,652,454 $ — $301,325,691 49,644,592 15,017,229 — 64,662,121 (19,965,352) — — (19,965,352) 295,355,747 47,669,653 — 346,025,430 6,755,366 — — 6,755,366 (7,591,565) — — (7,591,565) (22,762,250) — — (22,762,250) 4,722,655 — — 4,722,655 52,115,461 (52,115,461) — — 331,325,414 (4,445,778) 326,579,636 $242,843,540 $ 49,934,244 $ — $292,777,784 46,508,138 10,294,707 — 56,802,845 (19,849,671) — — (19,849,671) 269,502,007 60,228,951 — 329,730,958 11,460,251 — — 11,460,251 1,654,120 — — 1,654,120 (2,536,684) — — (2,536,684) 8,481,537 — — 8,481,537 44,096,336 (43,799,526) (296,810) — 332,657,567 16,429,425 (296,810) 348,790,182 37,145,160 — — 37,145,160 27,498,915 — — 27,498,915 29,495,530 — — 29,495,530 27,443,639 — — 27,443,639 66,643,690 — — 66,643,690 54,942,554 — — 54,942,554 70,146,655 — — 70,146,655 135,529,669 — — 135,529,669 39,653,265 — — 39,653,265 22,329,645 — — 22,329,645 267,659,270 — — 267,659,270 334,302,960 — — 334,302,960 (2,974,546) (4,445,775) — (7,423,324) 54,501,723 74,651,303 225,000 129,705,026 $ 51,527,177 $ 70,232,525 $ 225,000 $122,254,702 98,548,445 — — 98,548,445 134,194,870 — — 134,194,870 37,803,949 — — 37,803,949 22,023,764 — — 22,023,764 292,571,028 — — 292,571,028 347,513,582 — — 347 (14,856,015) 16,429,425 (296,810) 1,276,600 69,657,738 58,251,878 521,810 128,431,426 $ 54,801,723 $ 74,681,303 $ 225,000 $129,708,026 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidated Statements of Cash Flows Operating activities Change in net assets Adjustments to reconcile change in net assets to net cash provided by operating activities Depreciation and amortization Net unrealized losses on investments Net loss on disposals of property and equipment Decrease (increase) in receivables, net Increase in prepaid expenses and other assets (Decrease) increase in accounts payable and accrued expenses Increase in deferred revenue Increase in grants payable, net Net cash provided by operating activities Investing activities Purchases of property and equipment Proceeds from disposals of property and equipment Purchases of investments Sales and maturities of investments Net cash used in investing activities Net (decrease) increase in cash and cash equivalents Cash and cash equivalents at beginning of year Cash and cash equivalents at end of year See accompanying notes. 0909-1088065 Years Ended March 31 2009 2008 $ (7,423,324) 1,152,113 22,762,250 123,499 8,044,182 (445,937) (2,230,565) 325,152 1,670,090 23,977,460 (4,401,470) 3,354 (100,817,623) 64,957,292 (40,258,447) (16,280,987) 241,935,049 $ 225,654,062 1,276,600 723,468 2,536,684 23,869 (8,331,028) (835,533) 3,120,289 144,298 68,747,713 67,406,360 (1,315,834) 3,450 (36,503,898) 28,619,875 (9,196,407) 58,209,953 183,725,096 $ 241,935,049 Marketing and communications (primarily contributed goods and services) Salaries and benefits Supplies Postage and stopping Occupancy Equipment rental Conferences, conventions, and meetings Printing and publications Awards and grants Professional fees Travel Taxes Race series production Bank fees Telephone Depreciation and amortization Miscellaneous Total expenses before direct benefits to donors and sponsors Direct benefits to donors and sponsors Total expenses The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidated Statements of Functional Expenses Year Ended March 31, 2009 Supporting Services Program Services Fund -Raising General and Administrative Public Health Health Screening Treatment Race for the Other Fund- Affiliate Research Education Services Services Cure Raising Relations Other Total $ 802,851 $ 37,398,884 $ - $ - $ 10,021,017 $ 997,654 $ 746,105 $ 4,124,777 $ 54,091,315 2,505,667 11,620,179 - - 510,151 1,390,963 1,914,551 13,932,901 32,477,442 5,310 763,555 - - 225,632 251,703 9,535 605,521 1,594,559 29,627 2,962,607 - - 490,619 2,377,201 15,117 424,251 6,299,452 125,705 1,605,457 - - 305,040 97,293 123,342 1,934,926 4,200,796 156,933 1,727,227 - - 355,650 171,476 65,934 1,220,094 3,700,314 207,636 1,554,435 - - 60,929 114,570 73,574 465,094 2,509,541 41,145 4,966,506 - - 436,967 3,735,070 12,152 414,735 9,606,551 59,179,051 46,705,425 39,653,265 22,329,645 - - - - 167,567,359 6,042,944 13,559,743 - - 1,761,456 522,345 511,656 5,371,092 25,069,266 357,557 2,455,256 - - 106,635 75,690 205,530 1,107,055 4,341,326 29,463 57,404 - - 16,222 5,740 12,565 155,046 306,743 - 6,157,799 - - 1,704,560 65,749 - 25,755 7,957,193 40,019 766,910 - - 1,549,615 260,570 11,924 539,345 3,165,353 35,615 251,317 - - 25,702 19,961 27,520 369,550 765,995 72,655 139,513 - - 9,204 13,239 11,765 905,404 1,152,113 205,165 2,714,059 - - 242,533 934,711 45,016 1,722,699 5,564,516 70,146,655 135,529,669 39,653,265 22,329,645 15,125,565 11,366,965 3,793,222 33,354,935 334,302,960 - - - - 17,565,109 2,100,273 - - 19,965,352 $ 70,146,655 $135,529,669 $ 39,653,265 $ 22,329,645 $ 35,993,674 $ 13,467,235 $ 3,793,222 $ 33,354,935 $ 354,265,342 0909-1088065 Marketing and communications (primarily contributed goods and services) Salaries and benefits Supplies Postage and stopping Occupancy Equipment rental Conferences, conventions and meetings Printing and publications Awards and grants Professional fees Travel Taxes Race series production Bank fees Telephone Depreciation and amortization Miscellaneous Total expenses before direct benefits to donors and sponsors Direct benefits to donors and sponsors Total expenses See accompanying notes. The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidated Statements of Functional Expenses (continued) Year Ended March 31, 2008 Supporting Services Program Services Fund -Raising General and Administrative Public Health Health Screening Treatment Race for the Other Fund- Affiliate Research Education Services Services Cure Raising Relations Other Total 78,684 $ 32,533,773 $ - $ - $ 9,614,531 $ 575,970 $ 168,411 $ 1,175,268 $ 44,146,637 619,539 12,145,788 - - 760,892 1,066,123 1,537,025 10,102,803 26,232,170 14,995 925,047 - - 196,876 392,305 13,409 634,234 2,176,866 16,131 2,841,376 - - 327,629 2,086,700 32,443 508,293 5,812,572 53,856 1,400,585 - - 252,612 106,382 102,494 1,475,754 3,391,683 25,567 1,983,140 - - 387,196 175,997 48,649 452,296 3,072,845 135,854 2,635,225 - - 61,573 143,561 498,985 395,588 3,870,786 12,914 5,710,361 - - 378,164 3,506,518 36,521 566,353 10,210,831 96,819,086 41,554,063 37,803,949 22,023,764 - - - - 198,200,862 543,185 18,811,564 - - 1,437,003 1,120,331 365,608 4,128,309 26,406,000 112,752 2,946,361 - - 73,920 150,477 242,779 1,162,068 4,688,357 (7,769) (110,029) - - 11,074 (5,237) (6,396) (94,422) (212,779) - 5,253,541 - - 1,569,008 - - 58,382 6,880,931 33,569 1,017,651 - - 1,121,415 513,196 3,661 424,916 3,114,408 10,336 278,355 - - 28,114 14,153 16,500 282,597 630,055 4,281 387,656 - - 7,718 13,765 11,369 298,679 723,468 75,465 3,880,413 - - 147,920 1,207,753 106,749 2,749,590 8,167,890 98,548,445 134,194,870 37,803,949 22,023,764 16,375,645 11,067,994 3,178,207 24,320,708 347,513,582 - 15,705,649 4,144,022 - - 19,849,671 $ 98,548,445 $134,194,870 $ 37,803,949 $ 22,023,764 $ 32,081,294 $ 15,212,016 $ 3,178,207 $ 24,320,708 $ 367,363,253 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Notes to Consolidated Financial Statements March 31, 2009 1. General Information and Summary of Significant Accounting Policies General Information The Susan G. Komen Breast Cancer Foundation, Inc. doing business as Susan G. Komen for the Cure and Affiliates (the Organization), a Texas not-for-profit corporation, was incorporated in July 1982. The primary mission of the Organization is to eradicate breast cancer as a life- threatening disease by advancing research, education, screening and treatment. Research advancement is achieved through relationships with medical and cancer centers throughout the United States, as well as internationally. Treatment and screening programs, primarily funded through the Organization's Affiliates, produce affordable treatment and screening for the medically underserved and other target populations. The Organization's reach has expanded tremendously since its inception, due in large part to the Komen Race for the Cure® Series (The Race Series) and other fund-raising programs and events, as well as the Organization's many donors, corporate partners and educational initiatives and materials. As a result of this heightened awareness of breast cancer, millions have received the life-saving message of early detection. During fiscal year 2008, the Organization formed Susan G. Komen for the Cure Advocacy Alliance (the Alliance) under Section 501(c)(4) of the Internal Revenue Code (the Code). The Alliance was established to enhance the Organization's public policy efforts. The consolidated financial statements of the Organization include the activity of the Organization's International Headquarters, the Alliance, and 122 Affiliates in 2009 and 2008. All significant intercompany accounts have been eliminated in the accompanying consolidated financial statements. The Race Series, a series of 5K and one -mile walk/runs, was held in 110 and 114 cities across the United States during 2009 and 2008, respectively, and is the Organization's primary source of revenues. Up to 75% of the net proceeds generated by the Affiliates are used to fund breast cancer education, treatment and screening projects within the local communities. The remaining 25% is used to fund breast cancer research and project grants on a national level. International affiliates of the Organization operate in Italy, Germany and Puerto Rico under three separate International Affiliate Agreements. The financial statements of the three international affiliates are not included in the consolidated financial statements since the Organization does not currently exercise economic or board controlling interests over any of the these affiliates. 7 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Notes to Consolidated Financial Statements (continued) 1. General Information and Summary of Significant Accounting Policies (continued) The Organization is the net beneficiary of the Breast Cancer 3 -Day, a project of the National Philanthropic Trust (NPT), an independent nonprofit organization. The Breast Cancer 3 -Day is a series of three-day walks that raise funds for the fight against breast cancer. Fourteen events took place during 2009 and twelve events took place during 2008. The combination of the events is considered "The Series." NPT is the event manager for The Series. As the primary beneficiary, the Organization received 85% of the net proceeds to support breast cancer research, education, screening, and treatment programs. The remaining 15% of the net proceeds was directed to the NPT Breast Cancer Fund, a special interest fund for breast cancer initiatives. A total of $54.6 million and $41.6 million in net proceeds was received by the Organization in fiscal years 2009 and 2008, respectively, and is included as a contribution in contributions, sponsorships, and race entry fees in the consolidated statements of activities. During 2008 and 2009, NPT was not economically controlled by the Organization. The Organization will manage the operations of the Breast Cancer 3 -Day starting with the 2010 Races Series on January 1, 2010. At that time, the revenues and expenses will be consolidated with the consolidated financial statements of the Organization for the operations directly related to the 2010 series. 8 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Notes to Consolidated Financial Statements (continued) 1. General Information and Summary of Significant Accounting Policies (continued) The following is a list of Affiliates included in the consolidated financial statements. Acadiana Arkansas Aspen Austin Baton Rouge Bayou Region Boise Brainerd Lakes Central & South Jersey Central Florida Central Georgia Central MS Steel Magnolias Central New Mexico Central New York Central Oklahoma Central Texas Central Valley Central Wisconsin Charlotte Chattanooga Chicagoland Area Coastal Georgia Coeur d'Alene Colorado Springs Columbus Connecticut Dallas County Denver Metropolitan Des Moines Eastern Washington El Paso Elmira Florida Suncoast 0909-1088065 Grand Rapids Greater Amarillo Greater Atlanta Greater Cincinnati Greater Evansville Greater Kansas City Greater Lansing Greater Nashville Greater New York City Greater Richmond Greater Roanoke Hawaii Houston Indianapolis Inland Empire Knoxville Las Vegas Lexington Los Angeles County Louisville Lowcountry (Charleston) Lubbock Area Madison Maine Maryland Massachusetts McLean County Memphis Mid -South Miami -Ft. Lauderdale Mid -Kansas Mid -Missouri Milwaukee Minnesota Montana NC Foothills NC Triad NC Triangle Nebraska New Orleans North Central Alabama North Colorado North Florida North Jersey North Mississippi North Texas Northeast Louisiana Northeast Ohio Northeast Pennsylvania Northeastern New York Northern Indiana Northern Nevada Northwest Ohio Orange County Oregon & SW Washington Ozark Peoria Memorial Philadelphia Phoenix Pittsburgh Puget Sound Quad Cities Sacramento Valley Salt Lake City San Antonio San Diego San Francisco Bay Area Shreveport -Bossier City Siouxland South Dakota South Florida Southeast Iowa Southern Arizona Southwest Florida Southwest Michigan St. Louis Tarrant County Texarkana Tidewater Tri Cities Tulsa Tyler Upper Cumberland Upstate South Carolina Vermont -New Hampshire Wabash Valley West Virginia Western New York Wichita Falls Wyoming The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Notes to Consolidated Financial Statements (continued) 1. General Information and Summary of Significant Accounting Policies (continued) Basis of Presentation The accompanying consolidated financial statements have been prepared on the accrual basis of accounting in accordance with accounting principles generally accepted in the United States for not-for-profit organizations. Under these provisions, net assets and revenues, gains, and losses are classified based on the existence or absence of donor -imposed restrictions. Expenses are classified as unrestricted. Accordingly, net assets of the Organization and changes therein are classified and reported as follows: Unrestricted net assets — Net assets that are not subject to donor -imposed stipulations. Unrestricted net assets may be designated for specific purposes by action of the Board of Directors. Unrestricted net assets — board designated — Unrestricted net assets designated by the Board of Directors as restricted for mission expenditures. During 2008, the Board of Directors designated $1,000,000 restricted for a general endowment fund. Temporarily restricted net assets — Net assets subject to donor -imposed stipulations that will be met either by actions of the Organization and/or the passage of time. When a restriction is satisfied or expires, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the consolidated statement of activities as net assets released from restrictions. Contributions received with donor -imposed restrictions that are met in the same year as received are reported as revenues of the unrestricted net asset class. Permanently restricted net assets — Net assets subject to donor -imposed stipulations that they be maintained permanently by the Organization. Generally, the donors of these assets permit the Organization to use all or part of the income earned on related investments for general or specific purposes. 10 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Notes to Consolidated Financial Statements (continued) 1. General Information and Summary of Significant Accounting Policies (continued) The Organization reports gifts of property and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used. Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire long-lived assets are reported as temporarily restricted revenue. Absent explicit donor stipulations about how long those long-lived assets must be maintained, the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service. Contributed Goods and Services Total contributed goods and services for the years ended March 31, 2009 and 2008, were approximately $64.7 million and $56.8 million, respectively, and primarily relate to local television, radio and newspaper advertising for The Race Series events. Contributed materials and equipment are reported as contributions in the accompanying consolidated financial statements at their estimated fair value at date of receipt. Contributed services are reported in the accompanying consolidated financial statements at the fair value of the services received. The contribution of services is recognized if the services received (a) create or enhance nonfinancial assets or (b) require specialized skills that are provided by individuals possessing those skills and would typically need to be purchased if not provided by donation. 11 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Notes to Consolidated Financial Statements (continued) 1. General Information and Summary of Significant Accounting Policies (continued) In addition, the Organization receives services from a large number of volunteers who give significant amounts of their time to the Organization's programs, fund-raising campaigns and management. No amounts have been reflected for these types of donated services, as they do not meet the criteria outlined above. Year Ended March 31, 2009 Public support and revenue Less: Komen Race for the Cure direct costs Net public support and revenue Expenses: Supporting services Program services Total expenses Change in net assets Program services % of total expense Year Ended March 31, 2008 Public support and revenue Less: Komen Race for the Cure direct costs Net public support and revenue Expenses: Supporting services Program services Total expenses Change in net assets Program services % of total expense Value of Amounts Per Contributed Consolidated Goods and Net Without Financials Services In -Kind $ 346,845,018 $ 64,662,121 $ 282,182,897 (19,965,382) (8,862,717) (11,102,665) 326,879,636 55,799,404 271,080,232 66,643,690 267,659,270 334,302,960 $ (7,423,324) 21,921,021 33,024,791 54,945,812 $ 853,592 44,722,669 234,634,479 279,357,148 $ (8,276,916) 80% 60% 84% $ 368,639,853 $ 56,802,845 $ 311,837,008 (19,849,671) (7,671,662) (12,178,009) 348,790,182 49,131,183 299,658,999 54,942,554 292,571,028 347,513,582 $ 1,276,600 84% 17,887,534 31,926,113 49,813,647 $ (682,464) 64% 37,055,020 260,644,915 297,699,935 $ 1,959,064 88% 12 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Notes to Consolidated Financial Statements (continued) 1. General Information and Summary of Significant Accounting Policies (continued) Contributions Contributions, including unconditional promises to give, are recorded when received or pledged. All contributions are available for unrestricted use unless specifically restricted by the donor. Conditional promises to give are recognized when the conditions on which they depend are substantially met. Cash and Cash Equivalents Cash and cash equivalents consist of cash on hand and all highly liquid investments with a remaining maturity of three months or less when purchased. Investments and Investment Revenue Recognition Investments in equity securities with readily determinable fair values and all investments in debt securities are reported at fair value. Investment income includes dividends and interest and is recognized as revenue in the period in which it is earned. The amounts are reported as an increase in unrestricted net assets unless otherwise restricted by the donor. Realized and unrealized gains and losses on investments are classified and recorded as increases or decreases in unrestricted net assets, unless otherwise restricted by the donor. Property and Equipment Purchased property and equipment is carried at cost. Donated property and equipment is recorded at market value at date of donation. The Organization capitalizes all expenditures for property and equipment in excess of $10,000 and are comprised of computers, office equipment, furniture, fixtures and leasehold improvements. As of March 31, 2009, accumulated amortization of intangible assets totaled $1,180,300. 13 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Notes to Consolidated Financial Statements (continued) 1. General Information and Summary of Significant Accounting Policies (continued) Property and equipment are depreciated on a straight-line basis over the following periods: • Furniture and fixtures • Equipment • Software • Leasehold improvements • Intangible assets 5-7 years 3-5 years 3-5 years Estimated life of the asset or the lease term (whichever is shorter) 5-7 years Property and equipment and related accumulated depreciation are as follows: Inventories 2008 $ 5,640,975 1,929,923 678,551 1,942,415 1,055,000 11,246,864 (8,447,031) $ 2,799,833 Inventories are stated at the lower of cost or market determined by the first -in, first -out method and consist of educational materials, along with branded merchandise held for use in program services and sales to unrelated parties. Inventories are included in prepaid expenses and other assets in the accompanying consolidated statements of financial position and totaled approximately $1,179,000 and $1,274,000 in 2009 and 2008, respectively. Federal Income Taxes The Organization is a tax-exempt entity under Section 501(c)(3) of the Code under a determination letter issued by the Internal Revenue Service. The Affiliates of the Organization have a separate group determination letter, under the umbrella of the Organization's exemption, recognizing their exempt status under Section 501(c)(3) of the Code. 14 0909-1088065 2009 Equipment $ 6,645,717 Furniture and fixtures 2,080,582 Leasehold improvements 1,001,167 Software 3,565,276 Intangible assets 2,290,462 Total property and equipment 15,583,204 Accumulated depreciation and amortization (9,660,867) Net property and equipment $ 5,922,337 Inventories 2008 $ 5,640,975 1,929,923 678,551 1,942,415 1,055,000 11,246,864 (8,447,031) $ 2,799,833 Inventories are stated at the lower of cost or market determined by the first -in, first -out method and consist of educational materials, along with branded merchandise held for use in program services and sales to unrelated parties. Inventories are included in prepaid expenses and other assets in the accompanying consolidated statements of financial position and totaled approximately $1,179,000 and $1,274,000 in 2009 and 2008, respectively. Federal Income Taxes The Organization is a tax-exempt entity under Section 501(c)(3) of the Code under a determination letter issued by the Internal Revenue Service. The Affiliates of the Organization have a separate group determination letter, under the umbrella of the Organization's exemption, recognizing their exempt status under Section 501(c)(3) of the Code. 14 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Notes to Consolidated Financial Statements (continued) 1. General Information and Summary of Significant Accounting Policies (continued) Further, the Organization has been classified as an organization that is not a private organization under Section 509(a) of the Code, and as such, contributions to the Organization qualify for deduction as charitable contributions. However, income generated from activities unrelated to the Organization's exempt purpose is subject to tax under Section 511 of the Code. The Organization did not have any material unrelated business income for the years ended March 31, 2009 and 2008. Therefore, no tax liability has been provided in the accompanying consolidated financial statements. On October 16, 2007, the Organization formed the Alliance, a social welfare organization, under Section 501(c)(4) of the Code. Under Section 501(c)(4), a social welfare organization is not subject to monetary limitations on lobbying expenditures that further its exempt purpose. The Alliance is a tax-exempt entity under Section 501(c)(4) of the Code under a determination letter issued by the Internal Revenue Service. Market and Credit Risk Concentrations The Organization's investments do not have a significant concentration of credit or market risk within any industry, specific institution, or group of investments. Cash balances over $250,000 for each account are not covered by FDIC insured limits, but the Organization does not believe there is significant credit or market risk associated with these amounts. Deferred Revenue Resources received in exchange transactions are recognized as deferred revenue to the extent that the earnings process has not been completed. These resources are recorded as unrestricted revenues when the related obligations have been satisfied. Functional Allocation of Expenses The costs of providing the Organization's various programs and other activities have been summarized on a functional basis. Accordingly, certain costs have been allocated among the programs and supporting services benefited. 15 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Notes to Consolidated Financial Statements (continued) 1. General Information and Summary of Significant Accounting Policies (continued) Advertising Expenses The Organization recorded advertising expense of approximately $54.1 million and $44.1 million for the years ended March 31, 2009 and 2008, respectively. The majority of advertising was contributed and is included in marketing and communications in the consolidated statements of functional expenses. Advertising is expensed upon first showing. Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States (U.S. GAAP) requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Retirement Plan The Organization has a defined contribution retirement plan under the provisions of Section 403(b) (the 403(b) Plan) of the Code. The Organization matches employee contributions up to 6% of employees' annual salary. All employees are eligible to make deferrals immediately. However, participants are not eligible to receive the employer matching contribution until after one year of continuous employment. The 403(b) Plan expense was approximately $614,000 and $439,000 for the years ended March 31, 2009 and 2008, respectively. The Organization has a nonqualified deferred compensation plan subject to the provisions of Section 457 of the Code (the 457 Plan). The 457 Plan is maintained primarily for a select group of management. Funding is at the discretion of the Board of Directors. In fiscal year 2008, approximately $8,000 was funded. There were no amounts funded in 2009. In fiscal year 2009, $10,000 was withdrawn. Reclassifications Certain reclassifications were made to the fiscal year 2008 financial statements in order to conform to the fiscal year 2009 presentation. In the consolidated statement of activities, supplies expense of approximately $345,000 for a fund-raising event in fiscal year 2008 was reclassified as direct benefit expense. In the consolidated statement of functional expenses, professional fees of approximately $5,590,000 were reclassified for 2008 as race series production expenses. 16 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Notes to Consolidated Financial Statements (continued) 1. General Information and Summary of Significant Accounting Policies (continued) Recent Accounting Pronouncements In February 2008, the Financial Accounting Standards Board issued FASB Staff Position No. FAS 157-2, Effective Date ofFASB Statement No. 157 (FSP 157-2), which delayed the effective date of FASB Statement No. 157, Fair Value Measurements (SFAS 157), for nonfinancial assets and nonfinancial liabilities, except for items that are recognized or disclosed at fair value in the financial statements on a recurring basis, at least annually to fiscal years beginning after November 15, 2008. The Organization has not evaluated the potential impact of this standard. In August 2008, FASB Staff Position No. FAS 117-1, Endowments of Not -for -Profit Organizations: Net Asset Classification of Funds Subject to Enacted Version of Uniform Prudent Management of Institutional Funds Act and Enhanced Disclosures for All Endowment Funds (FSP), was issued, and is effective for fiscal years ending after December 15, 2008. The adoption of this FSP did not have a significant impact on the Organization. In May 2009, the FASB issued Statement of Financial Accounting Standards (SFAS) No. 165, Subsequent Events (SFAS No. 165). SFAS No. 165 defines subsequent events as events or transactions that occur after the balance sheet date, but before the financial statements are issued or available to be issued. It defines two types of subsequent events: recognized subsequent events, which provide additional evidence about conditions that existed at the balance sheet date, and nonrecognized subsequent events, which provide evidence about conditions that did not exist as of the balance sheet date, but arose after that date. Recognized subsequent events are required to be recognized in the financial statements, and certain nonrecognized subsequent events are required to be disclosed. SFAS No. 165 requires entities to disclose the date through which the subsequent events have been evaluated, and the basis for that date. SFAS No. 165 is effective for interim or annual periods ending after June 15, 2009. In June 2009, the FASB issued Statement of Financial Accounting Standards No. 168, The FASB Accounting Standards Codification and the Hierarchy of Generally Accepted Accounting Principles — a replacement ofFASB Statement No. 162, (SFAS 168). SFAS 168 is effective for financial statements issued for interim and annual periods ending after September 15, 2009. On the effective date of SFAS 168, the Codification will supersede all then -existing accounting and reporting standards. All other accounting literature not included in the Codification will become nonauthoritative. The Organization does not anticipate any impact on its financial condition, results of operations, or cash flows from the adoption of SFAS 168. 17 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Notes to Consolidated Financial Statements (continued) 2. Investments SFAS No. 157, Fair Value Measurements, (SFAS No. 157), establishes a three-level hierarchy for disclosure of fair value measurements. The valuation hierarchy is based on the transparency of inputs to the valuation of an asset or liability as of the measurement date. The three levels are defined as follows: Level 1 — inputs to the valuation methodology are quoted prices for identical assets and liabilities in active markets. Level 2 — inputs to the valuation methodology include quoted prices for similar assets and liabilities in active markets and inputs that are observable for the asset or liability, either directly or indirectly, for substantially the full term of the financial instrument. Level 3 — inputs to the valuation methodology are unobservable and significant to the fair value measurement. A financial instrument's categorization within the valuation hierarchy is based on the lowest level of input that is significant to the fair value measurement. The Organization's investments are valued at quoted prices available in an active market and are classified within Level 1 of the valuation hierarchy. The Organization did not hold any Level 2 or 3 investments during the year ended March 31, 2009. At March 31, 2009 and 2008, the Organization's financial instruments included cash and cash equivalents, receivables, accounts payable and accrued expenses, and grants payable. The carrying amounts reported in the consolidated statements of financial position for these financial instruments approximate their fair value. 18 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Notes to Consolidated Financial Statements (continued) 2. Investments (continued) The Organization incurred investment expenses of approximately $214,000 and $183,000 in fiscal years 2009 and 2008, respectively, which are included in professional fees in the consolidated statements of functional expenses. Investments at March 31, 2009 and 2008, were comprised of the following: 2009 2008 Cost Fair Value Cost Fair Value Domestic common stock $ 42,449,588 $ 28,256,023 $ 19,074,279 $ 17,595,490 International common stock 6,980,992 4,899,676 6,471,885 6,549,750 International equity fund 8,000,000 4,625,803 — — Corporate bonds 18,883,497 17,967,957 41,374,987 42,415,662 Fixed income funds 17,734,508 15,233,578 — — Government bonds 114,653 114,653 21,299 17,871 Certification of deposit 19,288,032 19,293,942 10,718,190 10,714,778 Total $113,451,270 $ 90,391,632 $ 77,660,640 $ 77,293,551 3. Receivables Net receivables were approximately $57.0 million and $65.1 million at March 31, 2009 and 2008, respectively. Receivables that are expected to be collected within one year are recorded at net realizable value. Receivables that are expected to be collected in future years are recorded at the present value of their estimated future cash flows. The discounts on those amounts are computed using risk-free interest rates applicable to the years in which the agreements are expected to be satisfied (1.8% to 3.04% at March 31, 2009). The discount as of March 31, 2009 and 2008 was approximately $787,000 and $1,021,000, respectively. The allowance for doubtful accounts was approximately $480,000 as of March 31, 2009 and 2008. Future annual receivables, net as of March 31, 2009, are as follows: 2010 $ 44,193,694 2011 5,732,720 2012 2,846,587 2013 1,124,161 2014 1,148,330 Thereafter 2,000,000 Total $ 57,045,492 19 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Notes to Consolidated Financial Statements (continued) 3. Receivables (continued) The Race Series receivables were $27,380,742 and $23,847,747 at March 31, 2009 and 2008, respectively. These receivables primarily represent promises to give from national and local race sponsors who committed support prior to March 31. The majority of the receivable balances were received by the Organization during the subsequent fiscal year. Other unconditional promises to give by donors of $22,017,133 and $26,181,081 at March 31, 2009 and 2008, respectively, are expected to be received by the Organization over periods ranging from one to six years, with the majority of the balances due within one year. In fiscal year 2009, the Organization loaned $7,600,000 to the NPT Breast Cancer 3 -Day to fund start-up costs for the 2009 calendar year 3 -Day Race series. The note was fully paid in June 2009. 4. Grants Payable As of March 31, 2009 and 2008, the Organization made grants to various medical and cancer centers for research, education, screening, and treatment. These agreements are subject to periodic reporting and compliance requirements and can be rescinded by the Organization for breach. Grants payable greater than one year are discounted to their present value as of March 31, 2009, at rates ranging from 0.57% to 1.67%. The grants payable at March 31, 2009, are scheduled for payment in the following fiscal years: Year ending March 31: 2010 2011 2012 2013 2014 Total grants payable Less unamortized discount Grants payable, net $159,282,463 49,258,993 24,177,483 11,865,379 4,836,178 249,420,496 (2,295,277) $ 247,125,219 The Organization generally funds its obligations under these arrangements from cash flow from operations and available cash and cash equivalent and investment balances. 20 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Notes to Consolidated Financial Statements (continued) 5. Net Assets Temporarily restricted net assets as of March 31, 2009 and 2008, are categorized as follows: Restricted for grants Time restrictions 2009 $ 1,580,286 68,652,239 $ 70,232,525 2008 $ 3,068,054 71,613,249 $ 74,681,303 Permanently restricted net assets represent endowed gifts to be held in perpetuity with the investment income to be used for breast cancer research fellowships, breast cancer educational programs, and research awards. During fiscal year 2008, $296,810 in permanently restricted funds was returned to the donor with their consent. 6. Joint Costs The accompanying consolidated statements of activities include joint activities (activities benefiting multiple programs and/or supporting services) that include fund-raising. The joint costs were primarily for The Race Series, informational materials, an internet website that included fund-raising, and direct mail campaigns. The cost of conducting those joint activities was allocated as follows in fiscal 2009 and 2008: Research Public health education General and administrative Fund-raising 0909-1088065 2009 $ 393,342 61,234,453 6,729,585 23,840,296 $ 92,197,676 2008 $ 385,805 49,520,554 4,186,885 22,943,490 $ 77,036,734 21 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Notes to Consolidated Financial Statements (continued) 7. Leases The Organization has operating lease agreements for office space and electrical costs. Total rent expense was approximately $4.2 million and $3.4 million for fiscal years 2009 and 2008, respectively. Future annual minimum lease payments due under noncancelable operating leases as of March 31, 2009, are as follows: 2010 2011 2012 2013 2014 Thereafter Total 0909-1088065 $ 3,068,069 2,702,253 2,522,901 2,590,615 1,996,957 4,179,773 $17,060,568 22 Supplemental Schedules 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Statement of Financial Position by Affiliate Affiliate Cash and Cash Equivalents Acadiana _ $ 565,600 $ Arkansas 952,414 Aspen 254,079 Austin 1,162,627 Baton Rouge 473,708 Bayou Region 195,590 Boise 299,174 Brainerd Lakes 144,086 Central & South Jersey 2,315,812 Central Florida 80,187 Central Georgia 302,260 Central MS Steel Magnolias 352,444 Central New Mexico 359,938 Central New York 648,513 Central Oklahoma 926,026 Central Texas 347,441 Central Valley 473,736 Central Wisconsin 119,341 Charlotte 1,101,632 Chattanooga 304,143 Chicagoland Area 1,206,742 Coastal Georgia 128,047 Coeur d'Alene 259,299 Colorado Springs 770,294 Columbus 946,907 Connecticut 970,503 23 March 31, 2009 Tnvestments Receivables, Net Prepaid Expenses and Other Assets Property and Equipment, Net Total Assets - $ 45,274 $ 1,615 $ - $ 612,489 615,904 32,011 7,920 8,273 1,616,522 280,213 8,890 - - 543,182 - 74,754 33 2,826 1,240,240 53,315 28,604 - - 555,627 - 111,015 - - 306,605 125,544 364,264 4,109 1,459 794,550 - 5,646 2,611 2,779 155,122 - 221,644 18,588 26,598 2,582,642 - 45,457 750 - 854,394 - 12,520 1,448 - 316,228 - 42,499 1,682 - 396,625 150,959 26,213 - 1,620 538,730 - 76,072 7,311 4,463 736,359 - 62,544 7,291 4,566 1,000,427 - 143,810 7,557 - 498,808 - 24,937 11,276 - 509,949 76,530 14,130 - - 210,001 579,737 43,995 5,514 3,976 1,734,854 - 12,530 6,942 - 323,615 - 1,294,042 7,875 949 2,509,608 51,836 66,486 838 - 247,207 - 22,674 811 - 282,784 - 50,600 12,860 - 833,754 1,000,000 513,670 - 8,169 2,468,746 - 244,409 3,226 - 1,218,138 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Statement of Financial Position by Affiliate (continued) March 31, 2009 24 0909-1088065 Cash and Cash Prepaid Expenses Property and Affiliate Equivalents Investments Receivables, Net and Other Assets Equipment, Net Total Assets Dallas County $ 1,473,239 $ 1,295,257 $ 83,566 $ 6,900 $ 5,688 $ 2,864,650 Denver Metropolitan 4,157,784 - 460,174 10,090 22,993 4,651,041 Des Moines 907,966 - 100,593 - 13,530 1,022,089 Eastern Washington 446,413 199,700 118,014 1,485 - 765,612 E1Paso 654,867 10,022 71,139 - 2,217 738,245 Elmira 172,096 - 23,523 549 1,159 197,327 Florida Suncoast 2,130,918 - 170,041 - - 2,300,959 Grand Rapids 588,008 100,797 28,491 3,293 2,033 722,622 Greater Amarillo 362,968 - 16,539 5,109 757 385,373 Greater Atlanta 3,604,542 - 428,327 6,000 13,193 4,052,062 Greater Cincinnati 1,035,127 - 41,053 - 3,372 1,079,552 Greater Evansville 511,963 - 115,001 - 3,361 630,325 Greater Kansas City 1,134,853 - 113,136 - 842 1,248,831 Greater Lans ing 426,082 114,645 64,183 282 5,046 610,238 Greater Nashville 710,438 128,000 34,698 14,471 969 888,576 Greater New York City 4,420,940 - 194,514 169,097 47,676 4,832,227 Greater Richmond 771,152 (1) 108,507 2,809 3,992 886,459 Greater Roanoke 216,700 - 12,993 - - 229,693 Hawaii 398,981 - 13,453 1,400 - 413,834 Houston 4,747,734 - 156,166 4,793 7,540 4,916,233 Indianapolis 1,744,771 577,953 437,361 - 2,502 2,762,587 Inland Empire 539,963 114,653 66,902 1,724 2,805 726,047 Knoxville 573,663 141,460 21,075 - 4,901 741,099 Las Vegas 1,339,274 34,641 371,709 - 1,275 1,746,899 Lexington 659,454 - 15,182 24,885 1,872 701,393 24 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Statement of Financial Position by Affiliate (continued) March 31, 2009 25 0909-1088065 Cash and Cash Prepaid Expenses Property and Affiliate Equivalents Investments Receivables, Net and Other Assets Equipment, Net Total Assets Los Angeles County $ 1,121,534 $ - $ 949,595 $ 11,691 $ 2,214 $ 2,085,034 Louisville 754,373 - 19,153 10,877 2,151 786,554 Lowcountry (Charleston) 1,050,189 - 49,947 4,174 1,133 1,105,443 Lubbock Area 420,221 - 11,198 3,581 7,375 442,375 Madison 455,241 490,000 203,768 4,579 - 1,153,588 Maine 304,361 100,000 13,682 1,604 - 419,647 Maryland 1,214,357 840,382 400,676 22,100 10,089 2,487,604 Massachusetts 1,636,909 - 222,986 22,792 6,750 1,889,437 McLean County 209,007 - 15,625 - - 224,632 Memphis Mid -South 869,814 - 70,259 196 1 940,270 Miami Ft. Lauderdale 1,089,940 - 126,680 5,525 14,111 1,236,256 Mid -Kansas 1,208,466 - 106,889 12,111 2,571 1,330,037 Mid -Missouri 144,650 101,746 13,371 - 3,840 263,607 Milwaukee 1,276,950 250,000 53,667 561 1,894 1,583,072 Minnesota 1,566,260 - 281,224 4,146 1,150 1,852,780 Montana 258,885 47,125 51,137 - 323 357,470 NCFoothills 72,709 65,396 12,887 - 2,268 153,260 NC Triad 856,795 - 294,486 9,222 47,724 1,208,227 NCTnangle 1,558,219 1,371 991,512 5,087 20,915 2,577,104 Nebraska 769,892 - 33,919 7,264 39,102 850,177 New Orleans 512,272 - 21,053 450 3,120 536,895 North Central Alabama 797,466 189 33,460 - 500 831,615 North Colorado 75,300 - 4,616 - - 79,916 North Florida 489,404 - 32,062 3,500 - 524,966 North Jersey 1,842,447 - 576,531 25,849 38,119 2,482,946 North Mississippi 157,116 - 10,250 - 1,888 169,254 25 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Statement of Financial Position by Affiliate (continued) March 31, 2009 26 0909-1088065 Cash and Cash Prepaid Expenses Property and Affiliate Equivalents Investments Receivables, Net and Other Assets Equipment, Net Total Assets North Texas $ 976,014 $ 135,000 $ 402,200 $ 17,775 $ 1,343 $ 1,532,332 Northeast Louisiana 264,935 - 19,122 - - 284,057 Northeast Ohio 449,531 1,936,219 103,498 2,100 23,569 2,514,917 Northeast Pennsylvania 360,470 53,567 48,118 - 356 462,511 NortheasternNew York 391,317 - 33,650 2,899 1,250 429,116 Northern Indiana 234,391 - 45,102 200 1,476 281,169 NorthernNevada 374,532 - 22,502 31,378 1 428,413 Northwest Ohio 557,014 252,153 154,585 8,510 - 972,262 Orange County 1,942,126 750,000 256,096 18,458 7,259 2,973,939 Oregon & SW Washington 1,896,915 750,000 1,894,062 53,561 37,489 4,632,027 Ozark 588,940 426,034 380,637 - 5,451 1,401,062 Peoria Memorial 587,835 677,120 351,996 1,900 1,538 1,620,389 Philadelphia 4,788,473 - 726,830 500 59,640 5,575,443 Phoenix 1,772,568 - 146,474 87,511 5,107 2,011,660 Pittsburgh 2,206,244 - 410,963 35,625 1,966 2,654,798 PugetSound 1,398,393 2,525,652 684,744 45,542 50,504 4,704,835 Quad Cities 350,383 - 304,128 1,656 - 656,167 Sacramento Valley 1,131,570 - 227,267 1,990 1,919 1,362,746 Salt Lake City 301,507 506,480 236,172 6,579 1,843 1,052,581 SanAntonio 1,575,112 - 301,231 - 3,115 1,879,458 San Diego 882,588 - 50,344 500 22,824 956,256 San Francisco Bay Area 2,157,553 250,000 170,238 3,402 11,185 2,592,378 Shreveport Bossier City 246,023 - 17,876 1,062 - 264,961 Siouxland 200,743 - 20,667 10,568 - 231,978 South Dakota 314,127 20,694 15,154 1,482 - 351,457 South Florida 1,142,846 883,359 272,076 11,680 40,175 2,350,136 26 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Statement of Financial Position by Affiliate (continued) March 31, 2009 Intercompany receivables Total 27 (16,471,637) (16,471 637) $ 225,654,062 $ 90,391,632 $ 57,045,492 $ 3,495,280 $ 5,922,337 $ 382,508,803 0909-1088065 Cash and Cash Prepaid Expenses Property and Affiliate Equivalents Investments Receivables, Net and Other Assets Equipment, Net Total Assets Southeast Iowa $ 82,906 $ 27,047 $ 40,226 $ - $ - $ 150,179 Southern Arizona 1,151,008 - 204,531 20,119 31,928 1,407,586 Southwest Florida 1,317,789 205,000 128,162 - 1,331 1,652,282 Southwest Michigan 94,566 - 58,356 - 1,449 154,371 St. Louis 584,526 1,817,094 291,323 28,779 629 2,722,351 Tarrant County 2,410,528 - 290,640 2,999 8,728 2,712,895 Texarkana 302,645 127,966 16,100 - - 446,711 Tidewater 600,185 353,320 34,686 15,110 3,734 1,007,035 Tri Cities 443,955 - 9,962 - 3,752 457,669 Tulsa 427,977 51,985 20,336 4,114 1,141 505,553 Tyler 436,134 - 67,212 - - 503,346 Upper Cumberland 98,139 - 5,362 100 - 103,601 Upstate South Carolina 252,446 100,726 27,433 - 2,404 383,009 Vermont New Hampshire 542,080 - 81,593 1,285 140 625,098 Wabash Valley 165,535 - 9,936 5,962 - 181,433 West Virginia 234,721 - 81,219 10,911 2,861 329,712 WesternNew York 662,944 - 161,623 6,006 - 830,573 Wichita Falls 153,454 - 5,067 718 - 159,239 Wyoming 604,985 - 54,900 - 713 660,598 Total Affiliates 108,489,889 19,396,790 20,340,062 959,434 757,459 149,943,634 International Headquarters 117,164,173 70,994,842 53,177,067 2,535,846 5,164,878 249,036,806 Intercompany receivables Total 27 (16,471,637) (16,471 637) $ 225,654,062 $ 90,391,632 $ 57,045,492 $ 3,495,280 $ 5,922,337 $ 382,508,803 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Statement of Financial Position by Affiliate (continued) March 31, 2009 Affiliate Accounts Payable and Accrued Fxpenses Deferred Revenue Grants Payable Komen Payable Total Liabilities Total Net Ass ets Total Liabilities and NetAssets Acadiana $ 2,797 $ - $ 384,247 $ 91,524 $ 478,568 $ 133,921 $ 612,489 Arkansas 4,007 - 1,071,579 18,139 1,093,725 522,797 1,616,522 Aspen - - 371,912 1,796 373,708 169,474 543,182 Austin 566 - 502,971 8,284 511,821 728,419 1,240,240 Baton Rouge 7,908 - 271,025 89,582 368,515 187,112 555,627 Bayou Region 42 - 235,093 17,845 252,980 53,625 306,605 Boise 33,092 40,405 209,044 43,626 326,167 468,383 794,550 Brainerd Lakes - - 93,200 3,758 96,958 58,164 155,122 Central&South Jersey 9,761 - 1,290,769 62,913 1,363,443 1,219,199 2,582,642 Central Florida - - 470,525 16,327 486,852 367,542 854,394 Central Georgia (1,480) - 128,154 53,616 180,290 135,938 316,228 Central MS Steel Magnolias 2,437 14,140 201,442 26,017 244,036 152,589 396,625 Central New Mexico 210 - 415,826 15,112 431,148 107,582 538,730 Central New York 40 19,568 400,300 53,737 473,645 262,714 736,359 Central Oklahoma 5,317 - 664,586 7,626 677,529 322,898 1,000,427 Central Teats 42 61,365 65,539 33,685 160,631 338,177 498,808 Central Valley 3,111 - 325,000 (9,120) 318,991 190,958 509,949 Central Wis consin - - 110,137 15,949 126,086 83,915 210,001 Charlotte 549 2,870 1,197,993 127,550 1,328,962 405,892 1,734,854 Chattanooga 1,878 - 152,806 3,083 157,767 165,848 323,615 Chicagoland Area 14,060 - 635,996 176,276 826,332 1,683,276 2,509,608 Coastal Georgia 4,321 5,972 75,000 33,096 118,389 128,818 247,207 Coeur d'Alene 313 - 120,247 13,087 133,647 149,137 282,784 Colorado Springs (4,206) - 444,431 32,084 472,309 361,445 833,754 Columbus - 30,795 1,252,861 121,839 1,405,495 1,063,251 2,468,746 Connecticut 49,254 11,305 439,620 83,266 583,445 634,693 1,218,138 28 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Statement of Financial Position by Affiliate (continued) Affiliate Accounts Payable and Accrued Expenses Deferred Revenue Dallas County $ - $ - Denver Metropolitan 32,416 - Des Moines - - Eastern Washington - 60,331 ElPaso 1,270 - Ebrim, - 335 Florida Suncoast 27,014 - Grand Rapids 141 - Greater Amarillo (30) - Greater Atlanta 30,396 76,225 Greater Cincinnati - - Greater Evansville 16,172 - Greater KansasCity 14,734 22,245 Greater Lansing 2,577 32,673 Greater Nashville 5,882 8,515 Greater New York City 51,617 105,900 Greater Richmond 6,884 52,420 Greater Roanoke 156 - Hawan 495 - Houston 26,739 - Indianapolis 27,919 766,590 Inland Empire - - Knoxville 140 - Las Vegas 7,574 54,303 Lexington 7,902 - Los Angeles County 48,492 - Louisville 2,394 - Lowcountry (Charleston) 7,302 - LubbockArea - - 29 March 31, 2009 Grants Payable Komen Payable Total Liabilities Total Net Assets Total Liabilities and Net Assets $ 1,800,000 $ 233,021 $ 2,033,021 $ 831,629 $ 2,864,650 2,698,371 132,655 2,863,442 1,787,599 4,651,041 745,000 23,633 768,633 253,456 1,022,089 399,267 38,170 497,768 267,844 765,612 310,000 187,216 498,486 239,759 738,245 60,580 30,504 91,419 105,908 197,327 1,322,887 126,211 1,476,112 824,847 2,300,959 519,117 18,810 538,068 184,554 722,622 237,342 3,353 240,665 144,708 385,373 2,375,000 171,958 2,653,579 1,398,483 4,052,062 452,753 201,591 654,344 425,208 1,079,552 270,526 8,901 295,599 334,726 630,325 870,000 32,928 939,907 308,924 1,248,831 41,906 38,381 115,537 494,701 610,238 524,608 3,735 542,740 345,836 888,576 1,410,055 172,253 1,739,825 3,092,402 4,832,227 289,656 38,184 387,144 499,315 886,459 115,000 19,106 134,262 95,431 229,693 272,353 11,440 284,288 129,546 413,834 3,546,645 214,296 3,787,680 1,128,553 4,916,233 797,606 207,108 1,799,223 963,364 2,762,587 347,295 28,019 375,314 350,733 726,047 526,357 20,733 547,230 193,869 741,099 613,574 42,921 718,372 1,028,527 1,746,899 505,419 (8,323) 504,998 196,395 701,393 494,600 229,594 772,686 1,312,348 2,085,034 455,865 11,028 469,287 317,267 786,554 674,740 44,756 726,798 378,645 1,105,443 257,598 8,609 266,207 176,168 442,375 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Statement of Financial Position by Affiliate (continued) March 31, 2009 Affiliate Accounts Payable and Accrued Expenses Deferred Revenue Grants Payable Komen Payable Total Liabilities Total Net Assets Total Liabilities and Net Assets Madison $ 5,042 $ 22,842 $ 439,597 $ 74,926 $ 542,407 $ 611,181 $ 1,153,588 Maine 5,489 - 252,522 11,355 269,366 150,281 419,647 Maryland 15,044 6,940 1,115,650 180,570 1,318,204 1,169,400 2,487,604 Massachusetts 7,909 - 1,025,252 113,973 1,147,134 742,303 1,889,437 McLean County 1,683 - 82,821 20,416 104,920 119,712 224,632 Memphis Mid -South 81 - 750,000 2,568 752,649 187,621 940,270 Miami -Ft. Lauderdale 35 - 741,897 148,628 890,560 345,696 1,236,256 Mid -Kansas 1,322 - 735,007 123,442 859,771 470,266 1,330,037 Mid -Missouri - - 56,398 17,887 74,285 189,322 263,607 Milwaukee 45,282 - 1,006,434 78,329 1,130,045 453,027 1,583,072 Minnesota 2,552 32,240 961,486 71,435 1,067,713 785,067 1,852,780 Montana 3,003 2,944 98,401 25,439 129,787 227,683 357,470 NC Foothills - - 85,183 3,795 88,978 64,282 153,260 NC Triad 459 48,370 489,766 44,134 582,729 625,498 1,208,227 NC Triangle 5,731 24,720 1,178,814 114,609 1,323,874 1,253,230 2,577,104 Nebraska 3,569 - 401,791 32,206 437,566 412,611 850,177 New Orleans 413 - 324,597 6,139 331,149 205,746 536,895 North Central Alabama - - 571,395 6,692 578,087 253,528 831,615 North Colorado - - - 3,827 3,827 76,089 79,916 North Florida - - 338,098 49,515 387,613 137,353 524,966 North Jersey 6,000 77,415 1,084,709 73,132 1,241,256 1,241,690 2,482,946 North Mississippi - - 115,170 6,141 121,311 47,943 169,254 North Texas (70) 7,731 807,500 50,829 865,990 666,342 1,532,332 Northeast Louisiana - - 209,800 7,438 217,238 66,819 284,057 Northeast Ohio 55,640 - 1,561,001 38,789 1,655,430 859,487 2,514,917 Northeast Pennsylvania 4,400 - 193,881 39,103 237,384 225,127 462,511 Northeastern New York - - 266,475 23,476 289,951 139,165 429,116 Northern Indiana - 7,395 75,000 26,559 108,954 172,215 281,169 Northern Nevada - - 270,001 1,983 271,984 156,429 428,413 Northwest Ohio 8,613 - 413,319 57,479 479,411 492,851 972,262 30 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Statement of Financial Position by Affiliate (continued) March 31, 2009 Affiliate Accounts Payable and Accrued Expenses Deferred Revenue Grants Payable Komen Payable Total Liabilities Total Net Assets Total Liabilities and Net Assets Orange County $ 125,308 $ 3,500 $ 1,015,874 $ 193,085 $ 1,337,767 $ 1,636,172 $ 2,973,939 Oregon &SW Washington 27,347 - 1,141,634 89,278 1,258,259 3,373,768 4,632,027 Ozark 326 114,390 411,470 129,189 655,375 745,687 1,401,062 Peoria Memorial 2,113 73,020 799,826 82,666 957,625 662,764 1,620,389 Philadelphia 67,579 221,730 2,129,223 206,810 2,625,342 2,950,101 5,575,443 Phoenix 17,088 - 1,087,965 51,929 1,156,982 854,678 2,011,660 Pittsburgh 4,254 146,800 812,834 197,929 1,161,817 1,492,981 2,654,798 Puget Sound 133,693 40,960 1,945,586 293,197 2,413,436 2,291,399 4,704,835 Quad Cities 734 - 110,934 24,656 136,324 519,843 656,167 Sacramento Valley - 45,690 432,800 68,059 546,549 816,197 1,362,746 Salt lake City 932 45,154 401,177 116,442 563,705 488,876 1,052,581 SanAntonio 1,363 502,083 500,009 156,187 1,159,642 719,816 1,879,458 SanDiego 13,269 - 636,160 32,602 682,031 274,225 956,256 San Francisco Bay Area 6,944 - 1,659,798 85,494 1,752,236 840,142 2,592,378 Shreveport Bossier City 2,103 - 194,606 4,143 200,852 64,109 264,961 Siouxland 1,706 8,840 94,788 21,957 127,291 104,687 231,978 South Dakota - - 202,561 18,736 221,297 130,160 351,457 South Florida 15,539 5,810 1,395,506 28,502 1,445,357 904,779 2,350,136 Southeast Iowa - - 39,124 (8,010) 31,114 119,065 150,179 Southern Arizona 26,196 98,306 413,202 96,848 634,552 773,034 1,407,586 Southwest Florida 44,144 - 978,258 312,438 1,334,840 317,442 1,652,282 Southwest Michigan 1,340 7,218 24,345 35,511 68,414 85,957 154,371 St. Louis 19,293 62,400 1,290,712 219,707 1,592,112 1,130,239 2,722,351 Tarrant County 8,855 234,560 748,923 338,393 1,330,731 1,382,164 2,712,895 Texarkana 3,693 - 220,148 10,932 234,773 211,938 446,711 Tidewater 1,175 - 505,714 34,289 541,178 465,857 1,007,035 TriCities (861) - 340,634 9,995 349,768 107,901 457,669 Tulsa 121 - 256,305 8,067 264,493 241,060 505,553 Tyler 26 97,774 265,000 34,310 397,110 106,236 503,346 Upper Cumberland - 600 49,133 2,613 52,346 51,255 103,601 Upstate South Carolina - - 246,786 23,096 269,882 113,127 383,009 31 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Affiliate Vermont New Hampshire Wabash Valley West Virginia WesternNew York Wichita Falls Wyoming Total Affiliates International Headquarters Intercompany receivables Total 32 Consolidating Statement of Financial Position by Affiliate (continued) March 31, 2009 Accounts Payable and Accrued Deferred Grants Komen Total Total Total Liabilities and Expenses Revenue Payable Payable Liabilities Net Assets Net Assets $ 13,599 $ 2,285 $ 427,070 $ 25,315 $ 468,269 $ 156,829 $ 625,098 - - 142,608 6,368 148,976 32,457 181,433 - 1,504 170,813 8,842 181,159 148,553 329,712 895 - 401,633 37,638 440,166 390,407 830,573 - - 138,549 1,659 140,208 19,031 159,239 264 1,335 287,152 44,185 332,936 327,662 660,598 1,163,440 3,310,513 72,035,248 7,929,359 84,438,560 65,505,074 149,943,634 8,624,929 - 175,089,971 8,542,278 192,257,178 56,779,628 249,036,806 (16,471637) (16,471637) - (16,471637) $ 9,788,369 $ 3,310,513 $ 247,125,219 $ - $ 260,224,101 $ 122,284,702 $ 382,508,803 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Schedule of Revenue by Affiliate Year Ended March 31, 2009 Affiliate Contributions Race for the Cure Direct Costs Benefitfing Donors and Sponsors Other Fund -Raising Interest Dividends, Realized and Unrealized Gains (Losses) Other Total Net Rewnue Acadiana $ 157,537 $ 482,531 $ 25,759 $ - $ 4,572 $ 12,327 $ 631,208 Arkansas 374,695 2,430,092 287,035 23,327 31,264 72,026 2,644,369 Aspen 734,648 348,224 54,174 - 15,362 9,761 1,053,821 Austin 412,488 3,145,731 380,120 - 7,040 162 3,185,301 Baton Rouge 180,996 461,715 44,183 - 3,315 2,471 604,314 Bayou Region 165,409 116,423 12,615 - 132 - 269,349 Boise 195,013 1,052,618 153,910 52,136 7,384 6,480 1,159,721 Brainerd Lakes 111,665 105,467 17,154 - 658 3,818 204,454 Central & South Jersey 1,087,350 1,880,750 223,104 51,431 5,511 10,152 2,812,090 Central Florida 376,481 766,760 63,885 - 15,586 566 1,095,508 Central Georgia 105,959 340,798 28,716 - 2,309 8,948 429,298 Central MS Steel Magnolias 140,235 217,636 12,341 - 4,327 31,483 381,340 Central New Mexico 245,328 247,718 15,634 - 3,423 1,082 481,917 Central New York 283,279 882,731 45,378 - 6,786 16,401 1,143,819 Central Oklahoma 372,416 1,083,588 120,734 - 4,713 9,431 1,349,414 Central Texas 161,249 531,688 78,395 - 3,671 6,810 625,023 Central Palley 194,785 518,063 47,696 - 4,516 8,733 678,401 Central Wisconsin 199,752 - 18,595 - 2,766 509 184,432 Charlotte 737,616 1,978,432 97,562 - 25,827 5,930 2,650,243 Chattanooga 97,067 528,355 44,902 - 1,038 10,326 591,884 Chicagoland Area 1,896,421 2,388,680 98,478 - 19,022 3,733 4,209,378 Coastal Georgia 146,903 72,705 2,726 - 3,995 35 220,912 Coeur d'Alene 121,665 127,084 10,395 - 2,820 6,001 247,175 Colorado Springs 310,976 879,952 83,944 - 5,901 39,662 1,152,547 Columbus 405,904 2,115,171 253,438 - 24,752 - 2,292,389 33 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Schedule of Revenue by Affiliate (continued) Year Ended March 31, 2009 Affiliate Contributions Race for the Cure Direct Costs Benefitfing Donors and Sponsors Other Fund -Raising Interest Dividends, Realized and Unrealized Gains (Losses) Other Total Net Rewnue Connecticut $ 965,738 $ 1,172,148 $ 64,698 $ - $ 21,182 $ 7,644 $ 2,102,014 Dallas County 710,108 4,153,878 327,549 - 30,562 6,725 4,573,724 Denver Metropolitan 1,396,335 7,603,108 739,299 - 78,998 19 8,339,161 Des Moines 384,190 1,015,786 94,608 - 7,889 48,570 1,361,827 Eastern Washington 165,551 515,774 66,819 - 4,104 1,155 619,765 ElPaso 577,192 823,599 75,033 - 3,828 2,066 1,331,652 Elmra 127,548 138,527 5,955 - 2,458 5,058 267,636 Florida Suncoast 1,390,034 1,146,072 184,431 14,130 15,970 10,938 2,392,713 Grand Rapids 233,426 562,871 67,164 6,504 7,182 13,192 756,011 Greater Amarillo 210,508 345,866 106,956 - 4,042 5,065 458,525 Greater Atlanta 1,937,976 2,005,195 99,392 - 16,294 105 3,860,178 Greater Cincinnati 454,154 1,074,358 158,946 - 20,022 12,226 1,401,814 Greater Evansville 330,329 1,454,462 91,865 - 18,458 - 1,711,384 Greater Kansas City 437,624 1,578,002 178,742 - 28,587 3,665 1,869,136 Greater Lansing 230,464 417,255 39,938 - 10,976 2,347 621,104 Greater Nashville 333,932 1,198,125 185,192 - 6,676 11,529 1,365,070 Greater New York City 1,705,066 8,700,509 414,091 7,695 61,825 10,697 10,071,701 Greater Richmond 327,444 1,214,085 99,983 - 9,049 2,542 1,453,137 Greater Roanoke 164,091 - - - 1,743 - 165,834 Hawaii 138,474 411,275 54,027 - 4,826 30 500,578 Houston 1,137,651 5,742,923 615,424 75,377 54,376 20,394 6,415,297 Indianapolis 736,339 3,850,918 227,526 - 39,320 30,383 4,429,434 Inland Empire 367,015 1,364,874 100,503 210 11,134 6,418 1,649,148 Knoxville 325,129 963,510 96,629 - 5,787 3,285 1,201,082 Las Vegas 528,270 1,657,200 190,113 - 30,262 3,788 2,029,407 Lexington 277,822 547,469 37,155 - 9,967 9,953 808,056 34 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Schedule of Revenue by Affiliate (continued) Year Ended March 31, 2009 Affiliate Contributions Race for the Cure Direct Costs Benefitfing Donors and Sponsors Other Fund -Raising Interest Dividends, Realized and Unrealized Gains (Losses) Other Total Net Rewnue Los Angeles County $ 1,467,830 $ 1,847,365 $ 197,618 $ - $ 9,624 $ 22,896 $ 3,150,097 Louisville 400,409 697,528 118,128 - 6,665 29,682 1,016,156 Lowcountry(Charleston) 373,469 1,160,359 47,210 4,315 15,562 8,954 1,515,449 Lubbock Area 187,002 383,179 20,056 16,003 6,098 10,941 583,167 Madison 428,571 888,695 91,935 6,657 13,582 7,680 1,253,250 Maine 269,859 372,667 38,376 - 2,538 3,862 610,550 Maryland 1,358,138 3,936,110 225,469 - 63,890 9,072 5,141,741 Massachusetts 1,403,248 1,105,372 190,283 - 32,123 2,506 2,352,966 McLean County 187,869 - 7,713 - 3,420 10 183,586 Memphis Mid -South 228,327 1,029,071 53,188 - 6,738 10,723 1,221,671 Miami -Ft. Lauderdale 621,674 1,802,169 79,219 - 2,027 21,633 2,368,284 Mid -Kansas 806,127 627,817 81,762 - 2,887 17,063 1,372,132 Mid -Missouri 163,474 - 4,252 - 1,934 15,283 176,439 Milwaukee 564,603 1,368,202 144,252 - 7,271 128 1,795,952 Minnesota 972,412 2,969,312 351,594 3,238 20,055 43,018 3,656,441 Montana 226,577 225,987 18,916 1,849 1,012 221 436,730 NC Foothills 123,159 136,125 5,897 - 900 50 254,337 NC Thad 276,771 1,167,032 63,187 - 12,330 13,232 1,406,178 NCThangle 684,308 3,456,152 161,672 - 6,979 13,369 3,999,136 Nebraska 380,262 923,890 63,992 - 14,323 7,837 1,262,320 New Orleans 381,502 307,941 51,769 - 970 20 638,664 North Central Alabama 263,535 1,254,917 79,045 1,065 8,723 (732) 1,448,463 North Colorado 22,451 51,572 4,661 - 213 25 69,600 North Florida 445,809 641,464 48,691 - 8,948 227 1,047,757 North Jersey 1,914,102 4,149,322 653,053 - 29,516 79,835 5,519,722 North Mississippi 129,849 242,878 24,706 - 280 3,555 351,856 35 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Schedule of Revenue by Affiliate (continued) Year Ended March 31, 2009 Affiliate Contributions Race for the Cure Direct Costs Benefitfing Donors and Sponsors Other Fund -Raising Interest Dividends, Realized and Unrealized Gains (Losses) Other Total Net Rewnue North Texas $ 461,269 $ 1,746,344 $ 157,324 $ - $ 20,340 $ 24,664 $ 2,095,293 Northeast Louisiana 132,936 155,110 13,038 - 76 220 275,304 Northeast Ohio 1,054,494 2,215,532 197,869 - 47,007 - 3,119,164 Northeast Pennsylvania 393,954 468,934 89,737 - 3,857 2,689 779,697 Northeastern New York 250,579 357,612 25,612 - 4,864 5,422 592,865 Northern Indiana 202,631 42,355 5,821 - 16 1,578 240,759 Northem Nevada 166,214 624,883 48,931 - 5,675 15,524 763,365 Northwest Ohio 399,498 1,182,071 115,606 - 12,963 17,095 1,496,021 Orange County 1,109,445 3,979,988 276,709 - 61,759 100 4,874,583 Oregon & SW Washington 1,359,351 6,494,034 279,156 - 37,573 64,082 7,675,884 Ozark 477,978 1,136,656 95,136 6,038 22,791 8,637 1,556,964 Peoria Meriotial 376,735 1,305,524 194,910 21,418 24,541 63,673 1,596,981 Philadelphia 2,244,061 5,645,610 1,033,879 486 79,434 26,127 6,961,839 Phoenix 1,276,665 3,218,734 164,035 7,892 12,065 94,591 4,445,912 Pittsburgh 648,790 2,933,890 274,454 - 59,166 (190) 3,367,202 Puget Sound 2,881,129 2,122,095 201,594 - 55,425 18,553 4,875,608 Quad Cities 190,123 520,667 54,819 6,938 2,364 15,522 680,795 Sacralrento Valley 439,536 2,478,445 256,913 - 1,268 183 2,662,519 Salt Lake City 306,920 1,068,132 64,443 - 6,185 7,096 1,323,890 San Antonio 324,302 1,828,217 30,995 - 9,564 22,319 2,153,407 San Diego 937,177 1,321,914 110,854 - 4,887 30 2,153,154 San Francisco Bay Area 1,321,213 1,447,146 93,052 - 61,394 9,810 2,746,511 Shreveport -Bossier City 144,448 407,901 29,828 - 1,280 757 524,558 Siouxland 185,847 38,805 7,766 - 1,642 16,961 235,489 South Dakota 186,361 291,516 14,872 - 1,682 2,695 467,382 South Florida 871,963 2,525,946 263,814 - 30,425 19,607 3,184,127 Southeast Iowa 23,671 67,429 9,107 3,236 (12,440) 128 72,917 36 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Schedule of Revenue by Affiliate (continued) Year Ended March 31, 2009 37 0909-1088065 Interest Dividends, Direct Costs Realized and Race for Benefitfing Donors Other Unrealized Gains Total Affiliate Contributions the Cure and Sponsors Fund -Raising (Losses) Other Net Rewnue Southern Arizona $ 477,139 $ 1,456,620 $ 90,853 $ - $ 16,260 $ 35 $ 1,859,201 Southwest Florida 642,301 1,256,237 63,614 - 20,274 1,513 1,856,711 Southwest Michigan 258,372 248,650 56,340 - 1,201 9,621 461,504 St. Louis 1,059,179 3,871,174 336,737 - 75,310 35,132 4,704,058 Tarrant County 647,698 2,142,203 125,148 - 21,291 145 2,686,189 Texarkana 125,791 599,086 91,260 26,706 8,730 - 669,053 Tidewater 430,787 1,386,911 71,108 - 9,236 17,619 1,773,445 TriCities 134,043 428,618 23,743 - 3,459 5 542,382 Tulsa 236,135 947,284 51,144 16,986 1,890 7,534 1,158,685 Tyler 168,584 325,133 17,898 - 2,623 6,155 484,597 Upper Cumberland 187,943 1,000 32,270 - 1,329 10 158,012 Upstate South Carolina 258,671 1,176,992 35,913 14,238 6,562 60 1,420,610 Vermont -New Hampshire 220,586 525,476 49,672 - 4,019 5,301 705,710 Wabash Valley 153,872 140,589 9,169 - 669 3,247 289,208 West Virginia 172,040 366,564 24,206 - 5,984 5,301 525,683 Westem New York 272,612 607,482 28,449 - 8,208 - 859,853 Wichita Falls 110,512 105,721 5,005 - 349 3,402 214,979 Wyoming 255,828 385,710 39,526 - 2,014 2,839 606,865 Total Affiliates 63,268,967 164,702,767 14,631,884 367,875 1,736,026 1,341,523 216,785,274 International Headquarters 164,710,964 6,053,504 5,333,498 - (25,604,478) 9,309,722 149,136,214 Intercompany contributions (33,113,265) - - - - (5,928,587) (39,041,852) Total revenue $ 194,866,666 $ 170,756,271 $ 19,965,382 $ 367,875 $ (23,868,452) $ 4,722,658 $ 326,879,636 37 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Schedule of Functional Expenses by Affiliate Year Ended March 31, 2009 Serwees AliiliaR Research Public Heahh F catl® Aealtli Screening services Treah tServices E drRaising Eh I,aeCmt Ocmpmcy Postagemd Shipping PcinO gmd Public9im Pco@ssima Fees Otlrer Taz Es aaases Acadima $ 88,219 $ 179,054 $ 166,108 $ 100088 $ 39,885 $ 3,845 $ 5,63] $ 1,254 $ 22,588 $ 5 $ 866 $ 607,465 Arkansas 421,333 673,201 983,986 ,4,388 205,545 124,962 8,345 1,548 1,693 - 5,53] 2,452,950 Aspen 101,600 3/3,634 212,865 22,586 312,9]6 35,544 14522 1,150 1,258 12,668 15,502 1,100,945 Austin 418,956 1,528,455 24$663 346,651 341,022 64,308 41,606 959 486 10,763 38,869 3,032,555 Baton Rouge 93,558 159,595 159,,76 38,600 43,859 332 346 335 1,08] 4,380 1,589 523,371 Bayou Region 36,393 52,138 8,251 69,621 11,549 R3 - 180 583 625 551 250,050 Boise 164,588 379,549 296,223 3],258 125,536 24,859 9,915 625 2,096 1,332 2,925 1,043,108 Brainerd Lakes 23,541 239,698 29,516 5,212 5,545 R 3,652 93 631 - 1,422 313,W1 Central & South Jersey 498,431 2,131,560 433,540 - 148,857 16,869 53,914 6,866 3,344 561 15,315 3,455,259 Central Florida 152,461 305,051 221,022 145,069 92,254 15,886 13,50] 330 1,616 61 4,549 986,240 Central Georgia 53,481 242,446 64]19 28,593 30,200 6,533 4,432 35 921 - 3,941 435,501 Central MS SteelMagnolias 50248 125,116 108,561 10000 21,415 28,200 4,812 165 - - 3,059 352,842 Central New Mean 42,341 262,298 123,550 184,463 59,512 46,638 6,521 451 1,128 3,558 6,055 536,541 Central New York 152,391 521,284 169,325 -/1,824 96,302 499,4 8,569 4,316 16,611 590 14,659 1,132,233 Central OKahonn 225,993 628,349 315,523 2,051 89,812 48,141 32,401 3,591 341 1,518 10,647 1,358,585 Cen,117e,as 58,633 16,813 15,486 39,286 66,241 5,819 11,939 431 3,636 860 3,931 381,109 Central Valley 92,389 281,064 62,945 83,733 54,406 42,693 5,858 3,133 8,683 - 5,432 64$312 Central Wisconsin 15,942 24,559 92,47 - 30,695 2,051 2,582 161 155 - 850 169,692 Charlotte 513,600 535,361 903,330 285,596 171,586 96,318 23,949 424 1,888 8,581 13,831 2,554,412 Chattanooga 76BC 343,038 55,000 - 46,159 - 1,836 - - - 1,218 5Z,CT4 Chicagoland Area 368,000 1,315,416 449,859 50000 244,459 184,206 55,142 3,219 2,&6 50,638 16,952 2,540,739 Coastal Georgia 30,101 56,836 64,540 22,400 1,965 5,255 2,291 466 - 490 3,093 201,,45 Coeur d'Alene 30,211 W,811 51,732 16,583 9,946 3,043 6 - 156 - 486 193,228 Colorado Springs 180,538 388,452 52,860 155,445 58,102 21,081 5,988 135 438 2,031 15,569 922,663 Colunsus 432,719 994,145 488,518 220849 115,541 48,159 11,439 3,089 4,16 1,656 11,014 2,335,50.4 Connecicut 305,886 919,282 422,560 21,881 183,341 119,961 9,559 2,588 2,293 35,638 1062 2,101,818 Dallas County 583,54 1,481,035 506,484 1,048,626 468j15 25,503 31,581 1,251 150 4,510 10523 4,350,182 DenverMeDopolifan 1,046502 3,26,823 818,936 1,293,103 931,0&4 326223 58,143 18,552 81,526 38,539 25,201 5,9/3,308 Des Moines 239,003 266,564 614,932 16,562 69,596 6293 51,238 551 341 3,619 23,551 1,352,930 Eastern Washington 92,491 1W,6ID 201,436 110,212 42,255 9,329 3,643 166 - 159 519 68,120 ElPaso 181,216 329693 181,513 319,503 123,940 21,553 49716 645 1,19E 21,000 2,114 1,144,411 Drund 45,254 104,511 29588 6,685 20,656 1,456 1,615 308 - 1,825 3,512 269,552 Florida Sunmast 348,586 516,66 829383 125,245 311,419 60,050 20421 145 2,083 24,260 10,056 2,310,339 Grand Rapids 134,294 256,520 193,501 111,280 38,525 24,216 5,552 421 124 3,429 10,311 718,313 Greater Aninlo 69488 129461 164,543 13,381 25,801 2,119 24,118 11 6 25 148 429150 Greater Atlanta 602,016 569,340 1,514,246 193,325 211,185 252,996 53,389 3,250 3,16 33,502 16,110 3,89{521 Greater Cincinnati 403,973 455,452 124,554 3,001 133,595 (2,659 9625 3,066 1,339 420 30693 1,331,591 GreaterEvansville 204,687 693,624 254,408 194,811 191,581 44,953 54,286 1,611 2,631 508 2,531 1,651,543 CeaterKansas City 301,462 46,551 501,831 123,914 162,842 58,359 5,821 225 885 12 4,49E 1,828,622 Greater Lansing 101,866 16,101 18,409 929,918) 32,060 31,349 8,531 1,102 75 5,463 1,639 341,615 38 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Schedule of Functional Expenses by Affiliate (continued) Year Ended March 31, 2009 ARiliaR Research Public Healtlr ,acad. Healtlr 9 creening Services Treah tServices GreaterNashville $ 162,418 $ 835,796 $ 343,65 $ 140,018 Greaterlo w Yor,(Hy 1,451,414 3,861,246 895,054 1,398,913 Greats Rlohnond 221,(41 524,514 39,761 21,328 Greats Roanoke 14,609 10,324 172,66 - Cowan 60,845 233,600 106,576 - Houston 1,142,891 1,406,924 2,231,60 798,056 Indianapolis 581,845 1,496,249 1,075,000 15,688 Inland Firpire 181,76 913,812 - 160,106 Knoxville 182,515 388,0.15 331,568 149,181 Las Vegas 280,914 1,115,451 199,608 556,795 Leangton 131,583 279,813 9,953 216,453 Los Angeles County 22$104 1,119,672 211,641 117,39 Louisville 164,19 431,746 64,911 6,291 Lowcounhy (Charleston) 194,739 614,541 383,039 (9,024) Lubbock Area 85,213 206,121 T'seS, 91,124 Madison 202,954 521,455 lM,A5 152,192 Maine 80,19E 176,675 85,717 70,56 Maryland 783,484 2,016,9M 484,164 819900 Massachusetts 382,583 896,133 521,713 125,131 McLean County 19,431 114,266 - - MenphisMod South 217,09E 383,218 442,199 62,032 Mian Ft Lauderdale 331,69 1,0.41,022 354,94 102,788 Mid -Kansas 244,352 454,193 183,919 206088 Mid -Missouri 17,651 52,041 21976 3,071 Milwaukee 326,821 811,819 363,487 305,525 Minnesota 539,153 1,906,498 69,420 300,27 Montana 74,188 20,058 (,883) - NCFoothills 35,375 75,805 131,958 11,033 NCTnad 163,024 500,924 251,241 115,526 NCTnangle 531,125 1,545,630 591,7]5 123,711 Nebraska 186,810 371,981 270,123 66,225 New Orleans 102,273 148M8 116,230 196,509 North Central Alabama 215,143 66614 334,945 55,184 North Colorado 12,018 58,732 24,061 12,542 NorthFlonda that 18 414,819 295,023 - North3esey 635,073 3,029,371 88,69 506,891 North Mlesiss,,o 53,832 -71,932 16,510 - NounTe,as 240,251 442,439 211,610 451,154 Northeast Louis lana 31,026 6,317 131,508 6071 39 0909-1088065 Postage and Printl gaud E drRmsmg EhgI,aa Cm't Ocwpmcy Shipping Poblicatiaa Professi®al Fees Otlrer Taal Es Ines $ 162]91 $ 80,635 $ 13,834 $ 211 $ 1,132 $ 955 $ 11,0.41 $ 1,762,532 1,094917 244494 81,402 5,811 7,925 32,268 16,843 9,091,91 124,282 37,556 11,931 1,234 1,111 5,564 16,256 1,361,614 - 1,402 6,OM 144 217 1,085 3,69E 210,147 30,281 17,429 60,451 693 259 6,473 4,850 521,411 665925 127,226 30,925 4,182 2,156 5,092 3,9% 6,418,69 612,716 136,713 48,052 4,445 7,793 45,546 22,143 4,052,215 193,142 42,325 11,521 349 - 4,002 3,211 1,510,291 112,738 61,142 13,65 69 304 1,00.4 3,719 1,244,516 329,086 33,131 12,464 2,051 12,756 1,308 4,781 2,548,351 39,748 32,236 9261 562 H 40,539 3,332 843,511 322,516 155,648 30,318 2,671 1,835 9,191 14,814 2,214,94 65,50.4 71,544 17,894 281 1,584 7,500 2,335 904,839 10.4,472 23,845 42,29 708 21,69 115,000 29518 1,520,-713 34,322 47,262 22,684 914 5,260 5,0.48 5,334 588,926 124,575 17,69 13,39E 795 3,055 17,671 9744 1,226,5 0.]4 52,891 27,950 10,173 843 1,16 6,960 8,022 521,153 360,369 247,672 32,660 6,63 1,901 37,200 23,526 4,814,453 135,295 54,122 18,99E 3,138 4,952 43,470 24,031 2,211,560 19,927 75 931 246 - - 1,785 156,661 51,275 12,800. 2,640 1,226 930 - 21,951 1,195,393 250,054 30,812 13,366 431 2,56 10,592 11,561 2,149,781 52,429 16866 21,46 1,496 1,281 16,281 17,46 1,215,889 5,408 4,411 ll,9 O 19 117 6 176 116,512 178,315 7,340 15,988 (121) 3,111 - 48,993 2,061,264 491;362 40,654 5,493 3,134 - - 19,733 3,951,64 33,831 11,800 2,784 141 2,055 1,101 2638 334,709 7,116 331 5,92 173 143 1,514 1,279 269,949 131,910 55,249 49OC 2,312 6815 192 22,564 1,299,90 348,706 93,816 72,688 7,916 5,W0 7,417 56,409 3,39,29 69,024 (4,506 33,688 945 103 164 10,593 1,08),160 41,021 13,692 9,610 126 - 455 3,061 61,431 107,534 27,884 4,453 123 78 5,009 7,29 1,425,251 4,156 - 659 89 - - 461 108,724 96937 14,054 9700. 73 831 3,335 4,530 983,486 722,191 124,29 152,981 6,781 4,095 7,652 43,502 5,419,391 12,250 1,691 VOW 26 454 500 750 313,485 199,591 30,830 36688 1,0.16 1,36 - 2,554 1,623,532 12,849 4,86 4,475 154 583 2,090 8,275 332,242 0909-1088065 Northeast Ohio Northeast Pennsylvania Northeastem New York Northem Indiana Northem Nevada Northwest Ohio Change County Oregon &SW Washington Ozark Peona Menenal Philadelphia Phoma Pittsburgh Puget Sound Quad Cities Sachanento valley Salt lo k, City San Antonio San Diego San Fhancisco Bay Area Shreveport Bossier City Sioukand South Dakota South Flonda Southeast Iowa Southam ANeona Southwest Flonda Southwest Michigan St Louis Tan -ant County Texarkana Tidewater On Cities Tulsa The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Schedule of Functional Expenses by Affiliate (continued) Year Ended March 31, 2009 40 0909-1088065 Public Aeahh Aealtli 9 cceening Postage and Reseaech E scat. secvlces Tceah t9ecvlces $ 421,054 $ 1,543,75 $ 6(6,191 $ 118093 109,485 186,908 151,858 160521 91,218 2(6,95 86,142 (5,519) 26,559 19,801 64,152 15,430 85,148 211,120 144,510 86,574 224,018 441,086 330644 46,435 919,191 1,778020 720,451 857,931 694,214 2,918150 819,321 - 234,353 513,413 219,548 375,454 262,481 867,762 181,759 35,(02 1,0.47,133 2,843,015 62,034 755,310 583,529 1,216,810 686,930 1,063,381 557,561 1,602,081 772,321 56,5/3 769,503 1,493,981 1,163,619 612,408 72,149 245,031 141,311 - 3N,392 90,417 16,624 145,701 181,794 601,294 72,160 51,931 156,214 1,148305 301,325 403,034 3064(6 1,318021 72,528 405,764 436191 1,125,139 218,414 299,692 70,138 111,85 253,265 95,724 23,201 36,723 6,703 50,484 61,781 204,071 86,481 34,845 462,571 1,239,726 646,749 196908 401 118,176 16,910 1 251,686 SOCOW 142,759 391,838 309,440 594,825 501,459 291,032 60,451 348928 23,190 - 932,656 1,414,814 1,461,400 654,540 428381 730092 611,013 555,724 101,321 258,926 1W,551 2,193 180362 710,538 361,320 (0141 87,056 129,651 189,389 29,505 151,282 461,758 251,140 16,782 40 0909-1088065 Postage and PNnOng and HhnhRaismg EhgI,aa Cm't Ocwpmcy shipping Publican. Pcofessi®al Fees Otltec TRal Elenses $ 1919,06 $ 143,530 $ 83,25b $ 6,W6 $ 6,740 $ 47,591 $ 63,781 $ 3,304,768 65,293 26,402 11,780 434 1,285 532 3,622 718,126 33,140 2,155 11,508 1,528 630 1,906 2,001 491,616 7,324 9,075 13,014 799 593 - 1,149 151,892 62,714 30886 5,365 930 4,073 2,0&1 2,808 701,255 130684 28,469 13,4(6 331 3,226 13,033 4,024 1,235,416 513,542 119,806 120188 6,263 16,883 48,273 35,105 5,195,(65 1,086,617 53,584 9,772 1,647 19,720 1,343 5,54 5,620052 178,432 121,713 19,319 1,832 2,024 1,653 3,958 1,671,699 115,491 10,654 23,410 1,086 1,875 1,212 22,536 1,523,814 M,795 126361 46,773 6,194 114,135 63,938 22,721 6,571,421 410,399 171,121 56,576 6,481 9,671 63,910 41,623 4,310,503 291}34 SONS 33,242 2.828 405 31,456 22,285 3,454,534 618,709 163,185 21,917 1,105 25,658 18,010 26,854 4,921,016 69,846 10302 1,544 156 - - 223 540,568 226,135 114,724 18,416 1,495 1,375 9,012 16,300 1,853,591 112,154 49,544 21,083 1,211 1,956 490 16,412 1,122,029 317,417 38,275 13,501 490 - 552 1,961 2,381,000 140,857 31,420 20386 7,186 9,633 24,598 2,15 2,426,021 136,683 78,815 20,511 1,138 1,921 41,331 24,001 2,413,898 36,0.47 21,3)) 9,238 289 583 1,230 712 606,514 9,423 7,093 21,791 280 5,331 - 5,951 172,938 37,076 2,789 514 241 - 607 4,559 426,561 293,321 52,575 62,781 1,418 636 3,880 8423 2,914,595 22,699 3,3/3 4,515 17 308 20 29] 1(6,723 219,447 29,758 44,930 896 47,221 6,057 4,908 1,995,507 114,121 4695 24,010 1,028 2,621 612 6231 1,898,410 30,714 9791 3,617 3,022 10,191 5,615 10,579 506,161 461}62 161,688 38971 2,706 2,901 2,780 14,735 5,091,559 174,989 31,svN 34,470 6,894 6,W 1,211 4,791 2,585,233 42,052 7,611 9,661 336 126 - 2,212 525,061 212,661 71,725 26,215 728 1,0.12 610 17,631 1,703,033 28,669 11,441 6,474 639 1,315 12,050 691 456,880 80,394 59,379 39,079 358 3,208 6,400 42,553 1,112,933 40 0909-1088065 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure and Affiliates Consolidating Schedule of Functional Expenses by Affiliate (continued) Year Ended March 31, 2009 41 0909-1088065 Public Heahh Aealtli Screening Posh,amd PcinO gmd e 111aR Resauch ,acad. Services Treah tServices E drRaismg Eh I,aeCmt Ocmpmcy Shipping Publica[im Pco@ssima Fees Otlrer TRzlEs anses Tyler $ 75,46 $ 93,472 $ 231,62 $ 10,500 $ 34,031 $ 2,117 $ 3,2(6 $ 250 $ 4W $ 13,134 $ 855 $ 471,184 Upper(,rdberland 10,145 116,481 - - 16,700 250 - 94 124 6,374 3,238 153,4)2 Upstate South Carolina 156,171 663,844 26,589 9,843 169,542 61,130 14,317 1,443 2,051 256 2,923 1,423,109 VemnnENesvElaapshlre 96,924 338,394 - 190,808 52,832 3,450 6384 756 1,29 - 11,789 702,618 Wabash Valley 33,356 78,16 %,500 24,09 17,556 1,726 10,924 175 192 - 2,547 261,141 WestV,.. 81,613 193,921 131,591 10,283 21,610 5,851 12,69] 511 1,546 812 13,36 479,90 Westem New York 133,116 4(8,201 1)5,553 11,175 53,437 60,59 15,0.49 2,"7]0 19,708 2,021 2,622 815,247 Wichita Falls 20,691 26,90 9,289 50,26 12,564 435 2,622 434 175 1,000 5,124 20,510 Wyo=g 102,821 164033 2(8595 3,942 31,725 16,181 4891 440 4140 1,588 539,362 Total Affiliates 31,202,744 9,223,242 38,93}25 21,411,314 20,703,238 6321,(68 2,663,202 2)5,119 606,333 1,156,091 1,3(6,352 206,(62,594 Intereoa¢any eNmses (31,26619) (6,422,755) - - (8,951) - (1,343,951) (39,0.41,852) Intemational Headquarters 70210121 59729,722 849,940 918,334 8,91,249 10356,533 664,330 234,268 180,398 4,479,459 10258358 1(6,62,218 Total $ 70,146,69 $ 135,529,669 $ 39,653,265 $ 22,329,648 $ 29,495,530 $ 1661$241 $ 3,321,532 $ 439,381 $ 786,731 $ 5,635,556 $ 10,29,753 $ 334,302,960 41 0909-1088065 Item No. 12 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: September 14, 2010 SUBJECT: Resolution of Support for the expansion of the San Diego area Foreign Trade Zone (FTZ) into the southwesterly region of Riverside County (at the request of Mayor Comerchero). PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE EXPANSION OF THE SAN DIEGO FOREIGN TRADE ZONE 153 INTO THE SOUTHWESTERLY REGION OF RIVERSIDE COUNTY INCLUDING TEMECULA BACKGROUND: Western Riverside County is currently serviced by Foreign Trade Zone (FTZ) 244 operated by the Joint Powers Authority. Significant portions of Southwest County, including Temecula are not included in this FTZ. The County of Riverside is currently working with the City of San Diego on expanding San Diego's FTZ 153 into the southwesterly region of Riverside County, including Temecula. FTZ 153 currently serves businesses located in the City and County of San Diego only. Expanding the FTZ into Southwest Riverside County will provide great benefits to San Diego manufactures who import products for assembly at plants located in our region in addition to providing those same great benefits to our local manufacturing companies. An (FTZ) is an area where imported goods can be stored or processed without being subject to import duty. Essentially, with an FTZ, companies can lower costs and boost profits. Temecula companies such as Abbott Vascular would benefit tremendously from an FTZ. As such, Abbott Vascular has sent draft application documents to both the City of San Diego and the Foreign Trade Zones Board located in Washington D.C. An FTZ is essential in business retention and attraction to any company that manufactures and exports goods. The City of Temecula supports the initiative of expanding FTZ 153 into southwesterly Riverside County as it would greatly benefit local manufacturing and exporting companies. FISCAL IMPACT: None. ATTACHMENTS: Resolution No. 10- RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE EXPANSION OF THE SAN DIEGO FOREIGN TRADE ZONE 153 INTO THE SOUTHWESTERLY REGION OF RIVERSIDE COUNTY, INCLUDING TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Support said expansion to secure inclusion of significant portions of Southwest Riverside County including City of Temecula within Foreign Trade Zone (FTZ) 153. A. Convey to the United States Department of Commerce the support of the County of Riverside (including the City of Temecula) to be included in Foreign Trade Zone 153 in partnership with the City of San Diego 1. An FTZ is an area where imported goods can be stored or processed without being subject to import duty. 2. An FTZ is essential in business retention and attraction to any company that manufactures and exports goods. 3. Temecula companies such as Abbott Vascular, a Fortune 500 Company and one of the world's leading vascular care businesses would benefit tremendously from an FTZ. B. Convey to the United States Department of Commerce, the City of San Diego and the County of Riverside that support for the expansion of Foreign Trade Zone 153 is predicated on benefits of said zone being extended to, on a uniformed basis, to companies in Temecula, in a manner consistent with the legal requirements that each Foreign Trade Zone is operated as a public utility. 1. Expanding the FTZ into Southwest Riverside County will provide great benefits to San Diego manufactures who import products for assembly at plants located in southwesterly Riverside County in addition to providing these same great benefits to our local manufacturing companies. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of September, 2010. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of September, 2010, by the following vote AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: IG1011�Ko1l1►NllNdiIAdil:l:4:& 1 ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk TEMECULA COMMUNITY SERVICES DISTRICT Item No. 13 ACTION MINUTES of AUGUST 24, 2010 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:23 P.M. CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington CSD PUBLIC COMMENTS There were no public comments. CSD CONSENT CALENDAR 7 Action Minutes - Approved Staff Recommendation (5-0-0) — Director Edwards made the motion; it was seconded by Director Comerchero and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve the action minutes of August 10, 2010. 8 Margarita Officials Association Agreement - Approved Staff Recommendation (5-0-0) — Director Edwards made the motion; it was seconded by Director Comerchero and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve a five-year agreement with Margarita Officials Association in the amount of $50,000 per year for adult softball league and tournament officiating services. CSD DEPARTMENTAL REPORT CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes\082410 CSD ADJOURNMENT At 7:24 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, September 14, 2010, at 5:30 PM., for a Closed Session, with regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. California. Chuck Washington, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes\082410 DISTRICT BUSINESS Item No. 14 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: September 14, 2010 SUBJECT: Old Town Temecula Community Theater Recap and Temecula Presents 2010- 2011 Season Preview PREPARED BY: Bruce A. Beers, Theater Manager RECOMMENDATION: That the Board of Directors receive and file the report recapping the activity during the 2009-2010 season at the Old Town Temecula Community Theater and previewing the upcoming Temecula Presents 2010-2011 season. BACKGROUND: The fifth season at the Theater saw the launch of Dance Moves, a monthly innovative forum for dancers and choreographers to promote themselves to the community and create awareness of their work. The Theater also participated in InnerState, a state-wide dance project fully funded by the James Irvine Foundation. Additionally, a gift card program termed GifTix was initiated and print -at-home ticketing began. Temecula Presents upcoming sixth season will feature four top-notch, professional dance companies, six concerts by the All Star Big Band and the Cabaret Pops Orchestra, seven concerts in the classical music series, and six Friday Night Grove concerts featuring outstanding blues artists. These distinct artistic genres were chosen to complement the other fine performances at the Theater. FISCAL IMPACT: No Fiscal Impact. Receive and file report REDEVELOPMENT AGENCY Item No. 15 ACTION MINUTES of AUGUST 24, 2010 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:24 P.M. CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts, Naggar RDA PUBLIC COMMENTS There were no public comments. RDA CONSENT CALENDAR 11 Action Minutes - Approved Staff Recommendation (5-0-0) Agency Member Washington made the motion; it was seconded by Agency Member Comerchero and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Approve the action minutes of August 10, 2010. RDA DEPARTMENTAL REPORT RDA EXECUTIVE DIRECTORS REPORT RDA Action Minutes\082410 1 RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:25 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, September 14, 2010, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Michael S. Naggar, Chair Person ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] RDA Action Minutes\082410 2 COUNCIL BUSINESS Item No. 16 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn Nelson, City Manager DATE: September 14, 2010 SUBJECT: Firestone Property Ad Hoc City Council Subcommittee RECOMMENDATION: That the City Council 1. Establish the Firestone Property Ad Hoc Council Subcommittee to address and review the comprehensive conceptual development issues associated with housing, hospital university, and office/commercial associated with the property held by Mr. and Mrs. John Firestone west of Pujol Street and report back to the City Council; 2. Appoint two members to serve on the Firestone Property Ad Hoc City Council Subcommittee; 3. Terminate the existing Villages of Old Town Ad Hoc Subcommittee. BACKGROUND: In accordance with the Brown Act, the City of Temecula routinely appoints two members of the City Council to serve as subcommittee members for specific projects/issues in either an ad-hoc or standing committee capacity. The Temecula City Council has embraced this structure and has found it to be a very efficient and productive method of providing direction and insight with City staff. It is recommended that the City Council appoint two (2) City Council Members to serve on the Firestone Property Ad Hoc Subcommittee to address the comprehensive conceptual development issues associated with housing, hospital, university, and office/commercial associated with the property held by Mr. and Mrs. John Firestone. By forming this new Ad Hoc Subcommittee and to remain in compliance with the Brown Act, it is necessary to terminate the existing Villages of Old Town Ad Hoc Subcommittee. FISCAL IMPACT: None.