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051011 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 III AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MAY 10, 2011 — 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. Sessionin rconcerninc onferenceiwith real property negotiators pursuant to Government Code Section. 4956.8 regardingrthree parcels' of'real property m the City of Temecula (1) 42221 ainiStreet (APN 922, 053 038)iowned by Jong,C .Han, (2) 42100rMain Streeti(APNs 22A045 020, 922 045:013, 922 045 014` and 922-045-015).„owned by Parker Family nterprises andt(3) 42045mThird Street (APN922-045 016) owned by Trust of John. Kilgore nNegotiating parties are Bob Johnson and Patrick R chardson on -behalf F+the Cityof Temecula and the Redevelopment:Agency ofEthe City of, Temecula ndthe owners(of the designated parcels Jong G Han, Parker Family Enterprises �d Trust of John B Kilgore Under negotiation are pace andtthe terms of the City- enc ,spurchaseof the parcels of real property t•, a .,. inference with realproperty'negotiatorsEpursuant to Government Code Section 956 8 regarding the lease of the Harveston Welcomes Centers consisting, of proximate jt 80 acre of a 2 ;45 ,acre .parcel of real property located at 40135: Mage Road,; Temportion of APN 916 560 006) .Negotiating parties rman Parker, Director of Community Services, on behalfof the City ofJemecula the,T444. emecula Community' Services District an`d the Towner oftithe p operty K mLLC., :Under neg"otiation are,price and the terms of theCity/TCSD,'s; lease':of Sursuantl=to atters of pe igation is=CI ta`fes Dlstnc forma and*C Superior C is Information concerning existingrlitigation between;: be.acquired,by reviewing the public'documents field by Next in Order: Ordinance: 11-02 Resolution: 11-33 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Country at the Merc Invocation: Pastor John Ruhlman of Life Church Flag Salute: Council Member Comerchero National Anthem: Country at the Merc ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS City of Murrieta City Council Presentation -Reality Rally WRCOG Presentation on AB 811 — Supervisor Jeff Stone National Weather Service Award to John Tolman Certificates of Achievement for Eagle Scouts PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. There is a five-minute time limit for each speaker. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. 2 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 April 19, 2011; 2.2 Approve the action minutes of April 26, 2011. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11- 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 March 31, 2011 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of March 31, 2011. 5 Approve the Sponsorship Request for the 2011 Komen Inland Empire Race for the Cure RECOMMENDATION: 5.1 Approve the Event Sponsorship Agreement in the amount of $22,500 cash, city - support costs in the amount of approximately $14,981 and promotional services valued at $12,865 for the 2011 Komen Inland Empire Race for the Cure and authorize the Mayor to execute the Agreement. 3 6 Purchase of Four Honda Police Motorcycles RECOMMENDATION: 6.1 Approve the purchase of four Honda Police Motorcycles for a total amount of $79,264. 7 Agreement for Library Operations Services at the Temecula Public Library between the City of Temecula and the County of Riverside RECOMMENDATION: 7.1 Approve the five year Agreement for Library Operations Services at the Temecula Public Library between the City of Temecula and the County of Riverside for an annual amount riot to exceed $180,000. 8 Authorization to spend $50,000 on medical supplies with Life Assist RECOMMENDATION: 8.1 Approve the request to spend $50,000 on the purchase of medical supplies with Life Assist, Inc. for fiscal year 2010/2011. 9 Temporary Street Closures for 2011 Summerfest Events RECOMMENDATION: 9.1 Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2011 Summerfest Events: `WESTERN DAYS' OLD TOWN TEMECULA STREET PAINTING FESTIVAL' `4TH OF JULY PARADE' `4TH OF JULY FIREWORKS' 10 Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreements with the Western Riverside Council of Governments (WRCOG) for the State Route 79 (SR- 79)1Western Bypass Bridge Project RECOMMENDATION: 10.1 Approve Amendment No. 1 to decrease the current TUMF Reimbursement Agreement by $310,000 between the City and WRCOG for the Plans, Specifications, and Estimates (PS&E) Phase of the SR-79lWestern Bypass Bridge Project; 4 10.2 Approve a new TUMF Reimbursement Agreement in the amount of $310,000 between the City and WRCOG for the Right -of -Way (ROW) Phase of the SR- 79/Western Bypass Bridge Project; 10.3 Authorize the City Manager to execute the TUMF documents. 11 Third Amendment to the Professional Services Agreement with KRW & Associates for Engineering Plan Check, and Map and Legal Description Review for fiscal year 2011- 2012 RECOMMENDATION: Approve a Third Amendment to the Professional Services Agreement with KRW & Associates in the amount of $15,000 for Engineering Plan Check, and Map and Legal Description Review for fiscal year 2011-2012. 12 Approval of Amendments to the Annual Agreements for Title and Escrow Services and Landscape Plancheck and Inspection Services for various Capital Improvement Projects for fiscal year 2011-2012 RECOMMENDATION: 12.1 Approve the amendments to the following annual agreements for Title and Escrow Services and for Landscape Plancheck and Inspection services for various Capital Improvement Projects (CIP) Division project needs for fiscal year 2011-2012. Title and Escrow Services Chicago Title $ 30,000 Landscape, Plan Check David Neault & Associates $100,000 & Inspection Services 13 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for Margarita Road Right -of -Way Enhancements, Project No. PW10-04 RECOMMENDATION: 13.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for Margarita Road Right -of -Way Enhancements, Project No. PW10-04. 14 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Pavement Rehabilitation Program, Project Nos. PW10-05b and PW10-05d RECOMMENDATION: 14.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Pavement Rehabilitation Program, Project Nos. PW10-05b and PW10-05d. 5 15 City of Temecula Traffic Impact Analysis Guidelines RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING TRAFFIC IMPACT ANALYSIS GUIDELINES, DATED MAY 2011 16 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Library Parking Expansion, Project No. PVV08-07 RECOMMENDATION: 16.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Library Parking Expansion, Project No. PW08-07. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 11-01 Resolution: No. CSD 11-03 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. There is a five-minute time limit for each speaker. CSD CONSENT CALENDAR 17 Action Minutes RECOMMENDATION: 17.1 Approve the action minutes of April 19, 2011. 18 Fourth Amendment to the Roof Preventative Maintenance Services Agreement with Tremco/Weatherproofing Technologies, Inc. for fiscal year 2011-2012 RECOMMENDATION: 18.1 Approve the Fourth Amendment with Tremco/Weatherproofing Technologies, Inc. for $27,416 to provide preventive roof maintenance services at the various locations and extend the Agreement to June 30, 2012. 19 Third Amendment with Computer Alert Systems, Inc. for Fire and Security Systems Monitoring for fiscal year 2011-2012 RECOMMENDATION: 19.1 Approve the Third Amendment with Computer Alert Systems, Inc. for Alarm Monitoring, Inspection, and Repair Services in the amount of $25,000 for fiscal year 2011-2012. 7 20 First Amendment to the City Facilities Janitorial Service Agreement with Able Building Maintenance Company, Inc. for fiscal year 2011-2012 RECOMMENDATION: 20.1 Approve the First Amendment with Able Building Maintenance Company, Inc. in the amount of $70,000 for City Facilities Janitorial Service for fiscal year 2011- 2012. 21 Second Amendment to the HVAC Maintenance Services Agreement with Alpha Mechanical Service & Engineering for Heating and Air Conditioning Services for fiscal year 2011-2012 RECOMMENDATION: 21.1 Approve the Second Amendment with Alpha Mechanical Service & Engineering for Heating and Air Conditioning Maintenance Services in the amount of $50,000 for fiscal year 2011-2012. 22 First Amendment to the Elevator Services and Monitoring Agreement with ThyssenKrupp Elevator for fiscal year 2011-2012 RECOMMENDATION: 22.1 Approve the First Amendment with ThyssenKrupp Elevator in the amount of $16,800 for Elevator Services and Monitoring for fiscal year 2011-2012. 23 Fourth Amendment with Arch Chemicals, Inc., formerly Marine Biochemists, for Water Management/Maintenance Services for fiscal year 2011-2012 RECOMMENDATION: 23.1 Approve the Fourth Amendment with Arch Chemicals, Inc., formerly Marine Biochemist, in the amount of $46,800 for Water Management/Maintenance Services at the Harveston Lake Park and Temecula Duck Pond for fiscal year 2011-2012. 24 Amend the construction contingency for the Temecula Community Center Expansion — Phase 2, Renovation of Historical Buildings, Project No. PW06-05 RECOMMENDATION: 24.1 Amend the construction contingency of the contract with Caltec Corporation for the Temecula Community Center Expansion — Phase 2, Renovation of Historical Buildings, Project Number PW06-05 by $47,658.21 and adjust the General Manager's administrative approval authority accordingly; 24.2 Authorize the transfer of $33,000 from the FY2010-2011 Capital Improvement Budget of Play Structure Retrofit to the Temecula Community Center Expansion — Phase 2, Renovation of Historical Buildings, Project No. PW06-05. 8 25 Acceptance of Improvements and Notice of Completion for the Ronald Reagan Sports Park Desilting Basin Project, Project No. PW05-13 RECOMMENDATION: 25.1 Accept the construction of the Ronald Reagan Sports Park Desilting Basin Project, Project No. PW05-13, as complete; 25.2 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; 25.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, May 24, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 9 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 11-01 Resolution: No. RDA 11-07 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar RDA PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Agency Members on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Agency Members on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Agency Members addressing that item. There is a five-minute time limit for each speaker. RDA CONSENT CALENDAR 26 Action Minutes RECOMMENDATION: 26.1 Approve the action minutes of April 19, 2011. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, May 24, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 10 TEMECULA HOUSING AUTHORITY MEETING — no meeting TEMECULA PUBLIC FINANCING AUTHORITY MEETING — no meeting RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 27 Supportive Housing/Services White Paper RECOMMENDATION: 27.1 Approve the recommended Actions Steps outlined in the Supportive Housing/Services White Paper. 28 Formation of Teen Center Ad -Hoc Subcommittee RECOMMENDATION: 28.1 Appoint two members to serve on the Teen Center Ad -Hoc Subcommittee. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, May 24, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NONCE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (41000 Main Street, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may as well be accessed on the City's website — www.cityoftemecula.orq Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at the Civic Center (41000 Main Street, Temecula — 8:00 — 5:00 PM). In addition, such material will be made available on the City's web — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department — 951-694-6444. 12 PRESENTATIONS The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends' the outstanding achievement of Nicholas T. Axline of Troop #337 We congratulate Nicholas for his achievement on receiving the rank of Eagle Scout. We are proud to present Nicholas with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this tenth day of May, 2011. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends' the outstanding achievement of Evan Bridgham of Troop #337 We congratulate Evan for his achievement on receiving the rank of Eagle Scout. We are proud to present Evan with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this tenth day of May, 2011. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends' the outstanding achievement of Brandon Cahill of Troop #337 We congratulate Brandon for his achievement on receiving the rank of Eagle Scout. We are proud to present Brandon with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this tenth day of May, 2011. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends' the outstanding achievement of James Erwin of Troop #337 We congratulate James for his achievement on receiving the rank of Eagle Scout. We are proud to present James with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this tenth day of May, 2011. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends' the outstanding achievement of Joseph Ludwig of Troop #337 We congratulate Joseph for his achievement on receiving the rank of Eagle Scout. We are proud to present Joseph with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this tenth day of May, 2011. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends' the outstanding achievement of Brandon Sigel of Troop #337 We congratulate Brandon for his achievement on receiving the rank of Eagle Scout. We are proud to present Brandon with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this tenth day of May, 2011. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL AN ADJOURNED REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET APRIL 19, 2011 — 7:00 PM 6:00 P.M. — The City Council/Temecula Redevelopment Agency will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) The City Council will meet in closed session with its designated representatives to discuss labor negotiations with an employee organization pursuant to Government Code Section 54957.6. The City's designated representatives are: City Manager Shawn Nelson; Assistant City Manager Aaron Adams, Assistant City Manager Bob Johnson, Deputy City Manager Grant Yates; City Attorney Peter Thorson and Special Counsel Jeffrey Freedman. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. 2) 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 City of Temecula v. Pechanga Band of Luiseho Indians, United States District Court Case No. CV10-07378 DSF(VBK), Central District of California. 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 6:04 P.M., Mayor Roberts called the City Council meeting to order d 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 Ron Roberts Prelude Music: Temecula Valley Children's Chorus Invocation: Pastor Luis of Trinity Lutheran Church Flag Salute: Temecula Valley Children's Chorus ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS Mental Health Month Proclamation Action Minutes1041911 1 PUBLIC COMMENTS The following individuals addressed the City Council: • Cheri Levy • Montana Massone • Fred Bartz • Cynthia • Melissa • Dennis • Rich Tyrrell • Mario Abeb • Jo Moulton • Wayne Hall • Mark Katan CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; 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 Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 2.1 Approve the action minutes of April 5, 2011. 3 List of Demands - Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 3.1 Adopt a resolution entitled: Action Minutes1041911 2 RESOLUTION NO. 11-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the Sponsorship Request for the 2011 Temecula Valley International Film Festival - Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 4.1 Approve the Event Sponsorship Agreement in the amount of $45,900 for the 2011 Temecula Valley International Film Festival and authorize the Mayor to execute the Agreement. 5 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Slurry Seal Project FY 2010-11, portions of Chardonnay Hills and Paseo Del Sol, Project No. PW11-02 - Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 5.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Slurry Seal Project FY 2010- 11, portions of Chardonnay Hills and Paseo Del Sol, Project No. PW11-02. 6 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Concrete Repairs - FY 2010-11, Project No. PW11-03 - Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 6.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs - FY 2010- 11, Project No. PW11-03. Action Minutes1041911 3 7 Approval of a License Agreement between RCFC & WCD and the City of Temecula for the Pedestrian/Bicycle Bridge over Santa Gertrudis Creek to Chaparral High School and City Trail System, Project No. PW05-11 - Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 7.1 Approve, in substantially the form attached, the License Agreement between the Riverside County Flood Control and Water Conservation District (RCFC & WCD) and the City of Temecula for the Pedestrian/Bicycle Bridge over Santa Gertrudis Creek to Chaparral High School and City Trail System, Project No. PW05-11. 8 Agreement for Air Quality/Greenhouse Gas, Traffic, and Noise Studies, with Urban Crossroads, Inc., for the Rancho Highlands Maravilla Multi -family Development Plan (Planning Application No. PA10-0326) - Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 8.1 Approve a Consultant Agreement between the City of Temecula and Urban Crossroads, Inc. for the preparation of three technical studies required for the Rancho Highlands Maravilla Multi -family Development Plan application. The consultant agreement totals $53,700, (Air Quality/Greenhouse Gas Analysis is $16,000; Traffic Study $29,800; Noise Study $7,900). 9 Payment of the City's share of the Regional Animal Shelter Debt Service Costs for FY 2010-11- Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 9.1 Approve payment to the Southwest Communities Financing Authority in the sum of $115,682 as the City's portion of the cost-sharing reimbursement pursuant to the Second Amended Joint Powers Authority Agreement approved by the City Council in February 2008. At 7:43 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, the Temecula Public Financing Authority, and the Temecula Public Financing Authority. At 7:45 P.M., the City Council resumed with regular business. DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that there were no reportable actions from Closed Session. Action Minutes1041911 4 ADJOURNMENT At 7:46 P.M., the City Council meeting was formally adjourned to Tuesday, May 10, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes1041911 5 ACTION MINUTES TEMECULA CITY COUNCIL A SPECIAL MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET APRIL 26, 2011 — 2:30 PM CALL TO ORDER: Mayor Ron Roberts ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts ABSENT: Naggar PUBLIC COMMENTS CITY COUNCIL REPORTS At this time the City Council convened a Joint Meeting of the City Council/Community Services District/Temecula Public Financing Authority JOINT CITY COUNCIL/TCSD/TPFA BUSINESS 1 Roripaugh Ranch Project — Assignment of Rights and Obligations of Ashby USA in various Agreements with the City, TCSD, and TPFA to Roripaugh Valley Restoration, LLC RECOMMENDATION: 1.1 That the City Council adopt a resolution entitled: - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Naggar who was absent RESOLUTION NO. 11-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONSENTING TO THE ASSIGNMENT OF THE RIGHTS AND OBLIGATIONS OF ASHBY USA, LLC, IN VARIOUS AGREEMENTS RELATING TO THE RORIPAUGH RANCH PROJECT TO RORIPAUGH VALLEY RESTORATION, LLC, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AMENDMENTS TO THESE AGREEMENTS TO CONFIRM THE ASSIGNMENTS Action Minutes1042611 1 1.2 That the Board of Directors of the Temecula Community Services District adopt a resolution entitled: - Approved Staff Recommendation (4-0-1) — Director Washington made the motion; it was seconded by President Comerchero; and electronic vote reflected approval with the exception of Director Naggar who was absent RESOLUTION NO. CSD 11-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT CONSENTING TO THE ASSIGNMENT OF THE RIGHTS AND OBLIGATIONS OF ASHBY USA, LLC, IN VARIOUS AGREEMENTS RELATING TO THE RORIPAUGH RANCH PROJECT TO RORIPAUGH VALLEY RESTORATION, LLC, AND AUTHORIZING THE GENERAL MANAGER TO ENTER INTO AMENDMENTS TO THESE AGREEMENTS TO CONFIRM THE ASSIGNEMENTS 1.3 That the Board of Directors of the Temecula Public Financing Authority adopt a resolution entitled: - Approved Staff Recommendation (4-0-1) — Director Washington made the motion; it was seconded by Director Comerchero; and electronic vote reflected approval with the exception of Director Naggar who was absent RESOLUTION NO. TPFA 11-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY CONSENTING TO THE ASSIGNMENT OF THE RIGHTS AND OBLIGATIONS OF ASHBY USA, LLC, IN VARIOUS AGREEMENTS RELATING TO THE RORIPAUGH RANCH PROJECT TO RORIPAUGH VALLEY RESTORATION, LLC, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO AMENDMENTS TO THESE AGREEMENTS TO CONFIRM THE ASSIGNMENTS CITY MANAGER REPORT CITY ATTORNEY REPORT Action Minutes1042611 2 ADJOURNMENT At 2:40 P.M., the City Council meeting was formally adjourned to Tuesday, May 10, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes\042611 3 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: May 10, 2011 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. 11- 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. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1, That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $4.753,169.60. 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 10th day of May, 2011. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Ron Roberts, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of May, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 04/14/2011 TOTAL CHECK RUN $ 1,368,945.25 04/21/2011 TOTAL CHECK RUN 1,136,907.47 04/28/2011 TOTAL CHECK RUN 1,424,174.53 04/14/2011 TOTAL PAYROLL RUN: 421,609.55 04/28/2011 TOTAL PAYROLL RUN: 401,532.80 TOTAL LIST OF DEMANDS FOR 05/10/2011 COUNCIL MEETING: $ 4,753,169.60 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 1,701,736.17 140 COMMUNITY DEV BLOCK GRANT 3,644.73 165 AFFORDABLE HOUSING 44,449.83 190 TEMECULA COMMUNITY SERVICES DISTRICT 473,593.40 192 TCSD SERVICE LEVEL B 78,750.26 194 TCSD SERVICE LEVEL D 1,297.22 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 8,234.07 197 TEMECULA LIBRARY FUND 6,009.53 210 CAPITAL IMPROVEMENT PROJECTS FUND 1,203,773.42 280 REDEVELOPMENT AGENCY - CIP PROJECT 19,860.27 300 INSURANCE FUND 113,445.62 320 INFORMATION SYSTEMS 93,362.31 330 SUPPORT SERVICES 8,235.07 340 FACILITIES 28,068.82 370 CITY 2008 COP'S DEBT SERVICE 3,400.00 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 32,668.43 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 31,623.49 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 7,262.55 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 44,112.94 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 8,789.59 477 CFD- RORIPAUGH 1,740.00 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 930.48 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 234.31 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 361.04 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 23.62 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 517.21 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 81.01 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 72.90 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 1,767.52 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 181.02 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 69.54 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 39.19 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 732.93 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 463.32 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 103.36 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 102.27 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 73.43 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 23.36 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 627.64 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 273.98 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 1,232.64 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 1,320.64 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 15.96 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 57.06 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 706.24 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 181.39 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 28.11 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 254.75 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 1,121.87 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 43.44 700 CERBT CALIFORNIA EE RETIREE-GASB45 4,329.30 $ 3,930,027.25 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 471,500.88 165 AFFORDABLE HOUSING 21,420.64 190 TEMECULA COMMUNITY SERVICES DISTRICT 211,029.47 192 TCSD SERVICE LEVEL B 283.22 194 TCSD SERVICE LEVEL D 1,819.54 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 2,002.97 197 TEMECULA LIBRARY FUND 916.52 280 REDEVELOPMENT AGENCY - CIP PROJECT 12,944.52 300 INSURANCE FUND 2,744.05 320 INFORMATION SYSTEMS 43,381.07 330 SUPPORT SERVICES 11,583.72 340 FACILITIES 16,943.08 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 202.03 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 134.80 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 159.91 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 29.65 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 325.34 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 58.68 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 83.75 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 552.29 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 4.49 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 24.41 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 15.40 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 368.05 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 78.60 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 45.84 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 39.17 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 91.97 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 7.74 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 341.10 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 182.97 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 494.95 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 836.72 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 20.01 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 21.96 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 471.22 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 151.38 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 6.58 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 21.96 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 694.87 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 13.12 700 CERBT CALIFORNIA EE RETIREE-GASB45 21,093.71 823,142.35 TOTAL BY FUND: $ 4,753,169.60 apChkLst Final Check List 04/14/2011 1:41:39PM CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 1678 04/08/2011 005460 U S BANK 1679 04/14/2011 010349 CALIF DEPT OF CHILD SUPPORT 1680 04/14/2011 000389 NATIONWIDE RETIREMENT SOLUTION 1681 04/14/2011 000245 PERS - HEALTH INSUR PREMIUM 1682 04/14/2011 000444 INSTATAX (EDD) 1683 04/14/2011 000283 INSTATAX (IRS) 1684 04/14/2011 001065 NATIONWIDE RETIREMENT SOLUTION 1685 04/14/2011 000246 PERS (EMPLOYEES' RETIREMENT) 1686 04/14/2011 000642 TEMECULA CITY FLEXIBLE 144962 04/14/2011 003552 AFLAC 144963 04/14/2011 010851 ADAMIAK, DAWN 144964 04/14/2011 008552 ADKINS DESIGN CONSULTING 144965 04/14/2011 012943 ALPHA MECHANICAL SERVICE INC 144966 04/14/2011 001323 ARROWHEAD WATER INC 144967 04/14/2011 011961 AT&T MOBILITY 144968 04/14/2011 013671 ATHENS TECHNICAL SPECIALISTS Description Amount Paid Check Total SPY payment #1 Support Payment OBRA- Project Retirement Payment PERS Health Admin Cost Payment Blue Shield HMO Payment State Disability Ins Payment Federal Income Taxes Payment Nationwide Retirement Payment PERS ER Paid Member Contr Payment Child Care Reimbursement Payment Child Care Reimbursement Payment AFLAC Cancer Payment reimb:prizes Teen egg hunt 4/15 MAR GRAPHIC DES SVC:TEM PRESENTS MAR GRAPHIC DES SVC: THEATER HVAC svc:harveston comm room 2/23-3/22 WATER SVC:CITYWIDE Mar Trip Wire:Graffitti:Police equip repair/maint: pw traffic equip repair/maint: pw traffic 144969 04/14/2011 011954 BAKER &TAYLOR INC (39) BOOK PURCHASE: LIBRARY 124,457.00 738.45 2,839.02 80,673.42 0.00 22,489.55 78,501.77 13,732.49 123,509.65 8,752.89 0.00 3,142.81 593.74 579.69 1,305.00 257.75 453.21 164.16 390.00 1,081.00 732.15 124,457.00 738.45 2,839.02 80,673.42 22,489.55 78,501.77 13,732.49 123,509.65 8,752.89 3,142.81 593.74 1,884.69 257.75 453.21 164.16 1,471.00 732.15 Pagel apChkLst Final Check List Page: 2 04/14/2011 1:41:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 144970 04/14/2011 002541 BECKER CONSTRUCTION guardrail repair: YnezNVavedy 2,215.00 2,215.00 SRVS INC 144971 04/14/2011 004040 BIG FOOT GRAPHICS misc supplies: YAK pgrm 1,055.00 1,055.00 144972 04/14/2011 012583 BLANCA Y PRICE Jan Indscp pin ck svcs: planning 14,027.20 credit: PA10-0214 fees not collected 144973 04/14/2011 013684 BLUE SHIELD OF CALIFORNIA COBRA SUBSIDY PAYMENT FOR APRIL 144974 04/14/2011 000128 BROWN & BROWN OF CALIF INC 144975 04/14/2011 009082 C B C TECHNICAL INC 144976 04/14/2011 003138 CAL MAT Ins #311461JF1 Empire DIC Misc Supplies: Theater PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials 144977 04/14/2011 004248 CALIF DEPT OF Mar DUI & drug screens: Police JUSTICE-ACCTING -960.00 13,067.20 978.89 978.89 12,437.50 12,437.50 247.83 247.83 34.53 117.01 350.35 361.81 73.90 937.60 1,680.00 1,680.00 144978 04/14/2011 001267 CALIF DEPT OF MOTOR 78J86C Police ATV registration 52.00 VEHICLES 78J85C Police ATV registration 52.00 104.00 144979 04/14/2011 004566 CALIF DEPT -TOXIC SUB REA 1-06495: Licitra, Aldo 100.00 100.00 CONTROL 144980 04/14/2011 004228 CAMERON WELDING SUPPLY Helium tanks rental/refihl:TCSD 58.15 58.15 144981 04/14/2011 006114 CASEY, MARGIE reimb:storage boxes for help desk 138.56 138.56 144982 04/14/2011 000137 CHEVRON AND TEXACO City vehicles fuel: Police 2,181.52 2,181.52 144983 04/14/2011 004405 COMMUNITY HEALTH Community Health Charities Payment 62.00 62.00 CHARITIES 144984 04/14/2011 013286 CONN EXON TELECOM INC Apr 911 routing svc: info sys 320.00 320.00 144985 04/14/2011 001264 COSTCO WHOLESALE ARTIST HOSPITALITY: THEATER 11.45 11.45 Page2 apChkLst Final Check List Page: 3 04/14/2011 1:41:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 144986 04/14/2011 004123 D L PHARES & ASSOCIATES MAR FINAL LEASE PMT: PD OT OFFICE 2,657.97 2,657.97 144987 04/14/2011 003962 DAVID N EAU LT ASSOCIATES Mar design svc:marg rd improve 100.61 100.61 INC 144988 04/14/2011 002990 DAVID TURCH & ASSOCIATES Jan -Mar lobbyist cnslt: CM 10,500.00 10,500.00 144989 04/14/2011 003945 DIAMOND ENVIRONMENTAL Apr restroom svc: GOSH 52.88 52.88 SRVCS 144990 04/14/2011 004192 DOWNS COMMERCIAL Fuel for City vehicles: Code Enf 94.83 94.83 FUELING INC 144991 04/14/2011 003754 DOWNTOWN R & D CENTER 11/12 subscr:Downtown Idea SN 236.50 236.50 144992 04/14/2011 002390 EASTERN MUNICIPAL WATER Mar water meter:39656 Diego Dr 70.98 70.98 DIST 144993 04/14/2011 005880 EDGE DEVELOPMENT INC. MAR CONST: CIVIC CENTER 230,683.74 credit: partial rel pd twice Norman's -12,716.95 217,966.79 144994 04/14/2011 004829 ELLISON WILSON ADVOCACY Apr advocacy cnslt: CM 3,500.00 3,500.00 LLC 144995 04/14/2011 003665 EXCEL COMMERCIAL Mar long distance phone svcs 54.27 54.27 144996 04/14/2011 009953 FEDERAL CLEANING Apr janitorial svc:pd mall office 625.00 625.00 CONTRACTORS 144997 04/14/2011 000165 FEDERAL EXPRESS INC 3/11-22 city express mail services 154.28 154.28 144998 04/14/2011 000206 FEDEX KINKOS INC shipping supplies: central svcs 21.75 21.75 144999 04/14/2011 000166 FIRST AMERICAN TITLE title svc:30482 Colina Verde (reep) 75.00 COMPANY title svc:29840 Mira Loma Dr (reep) 75.00 150.00 Pages apChkLst Final Check List Page: 4 04/14/2011 1:41:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145000 04/14/2011 003347 FIRST BANKCARD CENTER 006952 PAYPAL GR Verisign Pay0ow Pro Transaction 59.95 014136 ALL MAGNETICS INC HP misc supplies: Children's Museum 53.94 010514 CAMPINI'S ITALIAN DELI GR Iunch:AOB kickoffmtg 3/2 222.60 014138 DISPLAY FAKE FOODS.COM HP fake food displays: Ch Museum 102.38 007028 AMERICAN AIRLINES JC baggagefee:N LC Wash,DC 3/9-16 25.00 007028 AMERICAN AIRLINES JC baggagefee:N LC Wash,DC 3/9-16 25.00 006952 PAYPAL HP Verisign Pay0ow Pro Transaction 170.40 014135 SMARTDRAW SOFTWARE, LLC HP smartdraw software license: IS 268.56 001256 MARRIOTT HOTEL JC htl:RTA/NLC Wash,DC 3/9-16 1,438.95 006952 PAYPAL GY regist:3rd dist econ dv forum 3/24 70.00 002111 TOGOS RESTAURANT GY lunch:interview panel dep/dir info 115.65 001264 COSTCO WHOLESALE GY label printer: Info Sys 130.48 001264 COSTCO WHOLESALE GY label printer: Info Sys 130.48 001264 COSTCO WHOLESALE GY label printer: Info Sys 130.48 2,943.87 145001 04/14/2011 014137 FLORES, MARIA refund:Buenas Noches Bk 7.99 7.99 145002 04/14/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 241.22 241.22 145003 04/14/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 145004 04/14/2011 008016 G & M CUSTOM UPHOLSTERY motorcycle seat repair: Police 100.00 100.00 145005 04/14/2011 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 4/2 415.60 415.60 145006 04/14/2011 000177 GLENN IES OFFICE PRODUCTS Office Supplies: CM/ED/Council 955.90 INC OFFICE SUPPLIES: CRC OFFICE SUPPLIES: MPSC Office Supplies: City Clerk Office Supplies: Fire Office Supplies: Theater OFFICE SUPPLIES: TV MUSEUM Office supplies: B&S Office supplies: Finance OFFICE SUPPLIES: PW 37.77 68.35 912.56 491.29 102.68 125.63 226.66 445.77 19.56 3,386.17 Page4 apChkLst Final Check List Page: 5 04/14/2011 1:41:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145007 04/14/2011 009608 GOLDEN VALLEY MUSIC sttlmnt: April in Paris 4/2 312.27 312.27 SOCIETY 145008 04/14/2011 003792 GRAINGER MISC SUPPLIES: THEATER 756.26 756.26 145009 04/14/2011 005311 H2O CERTIFIED POOL WATER Mar maint svcs: CRC/TES pools 900.00 SPCL. Mar water quality/maint:fountain 175.00 1,075.00 145010 04/14/2011 009950 HALL, JONATHAN employee computer loan pgrm 2,000.00 2,000.00 145011 04/14/2011 000186 HANKS HARDWARE INC Hardware supplies: Ch Museum 37.99 Hardware supplies: TCC 16.82 Hardware supplies: PW Maint 159.77 HARDWARE SUPPLIES: PW TRAFFIC 326.28 MISC HARDWARE SUPPLIES: TVM 31.29 HARDWARE SUPPLIES: B&S 266.35 Hardware supplies: CRC 506.48 Hardware supplies: Library 4.89 Hardware supplies: City Hall 257.28 Hardware supplies: Aquatics 10.85 Hardware supplies: TCSD Parks 1,340.96 Hardware supplies: TCSD 31.84 2,990.80 145012 04/14/2011 001135 HEALTH POINTE MEDICAL emp industrial care svcs: HR 50.00 50.00 GROUP INC 145013 04/14/2011 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Eamings 3,412.50 3,412.50 145014 04/14/2011 001517 HORIZON HEALTH APR EAP SVCS: HR 682.00 682.00 145015 04/14/2011 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 5,966.55 5,966.55 303355 145016 04/14/2011 013420 INGRAM LIBRARY SERVICES (1) BOOK PURCHASE: LIBRARY 7.74 INC (4) BOOK PURCHASE: LIBRARY 3944 47.18 145017 04/14/2011 005579 INLAND EMPIRE PROPERTY abandoned prop maint:code enf 486.00 486.00 145018 04/14/2011 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 160.00 160.00 145019 04/14/2011 014145 KI/FKLA RANCHO REALTY, LLC refund:eng grad dep:PM 21797 18,000.00 refund:eng grad dep:PM 23822 5,500.00 23,500.00 Pages apChkLst Final Check List Page: 6 04/14/2011 1:41:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 145020 04/14/2011 012065 LANCE, SOLL & LUNGHARD LLC 145021 04/14/2011 013987 LAW OFFICES OF 145022 04/14/2011 003286 LIBRARY SYSTEMS & SERVICES 145023 04/14/2011 003726 LIFE ASSIST INC Description Amount Paid Check Total interim city audit svcs: Finance 15,000.00 15,000.00 DEC -FEB LEGAL SVC:ROW WBYPASS 4,364.05 4,364.05 ancestry software maint: Library 995.00 995.00 MEDICAL SUPPLIES: PARAMEDICS 225.43 MEDICAL SUPPLIES: PARAMEDICS 554.83 MEDICAL SUPPLIES: PARAMEDICS 199.34 MEDICAL SUPPLIES: PARAMEDICS 251.88 MEDICAL SUPPLIES: PARAMEDICS 196.65 creidit: retumed medical supplies -208.32 MEDICAL SUPPLIES: PARAMEDICS 137.30 1,357.11 145024 04/14/2011 010692 LOPEZ, ARTEMIO MORALES CFD 88-12 Reimbursement FY 09/10 303.04 303.04 145025 04/14/2011 013311 MATERIAL HANDLING SUPPLY Forklift maint & repair:PW Maint 144.29 144.29 INC 145026 04/14/2011 014139 MATTHEWSON, RACHEL refund:Harry Potter...Bk 30.00 30.00 145027 04/14/2011 003076 MET LIFE INSURANCE MetLife Dental Insurance Payment 7,150.92 7,150.92 COMPANY 145028 04/14/2011 010908 MR APPLIANCE OF Appliance repair:pbsp 3/18 120.00 120.00 WINCHESTER 145029 04/14/2011 002139 NORTH COUNTY TIMES MAR ADVERTISING:THEATER 563.26 563.26 145030 04/14/2011 013842 OBERLIN DANCE COLLECTIVE Performance:theater 4/29-30/11 15,000.00 15,000.00 OF CA 145031 04/14/2011 013127 ON STAGE MUSICALS Jazz Fest © Theater4/3/11 3,687.25 3,687.25 145032 04/14/2011 007959 ONEIL SOFTWARE INC Sales tax pmt/software:Info Sys 485.31 485.31 145033 04/14/2011 001171 ORIENTAL TRADING COMPANY MISC SUPPLIES:SPRING EGG HUNT 7,492.03 7,492.03 INC 145034 04/14/2011 012833 PC MALL GOV, INC. Printer toners & cartridges:info sys 4,157.75 4,157.75 Pages apChkLst Final Check List Page: 7 04/14/2011 1:41:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 145035 04/14/2011 014133 PENWELL, GAYLE 145036 04/14/2011 000249 PETTY CASH 145037 04/14/2011 014140 PITTMAN, JONATHON 145038 04/14/2011 005820 PRE -PAID LEGAL SERVICES INC 145039 04/14/2011 014141 RADABAUGH, JOSHUA 145040 04/14/2011 000262 RANCHO CALIF WATER DISTRICT Description Amount Paid Check Total refund:ballroom dance 3400.104 Petty Cash Reimbursement refund:Crossroads...Freedom Bk PrePaid Legal Services Payment refund:The Stranger Bk Mar water meter:28640 Pujol St Mar var water meters:TCSD Fac Mar var water meters:TCSD, PW Mar var water meters: Fire Stns Mar floating meter comm: PW Mar water meters:TCSD svc lev C 56.00 56.00 408.58 408.58 28.00 28.00 324.85 324.85 10.95 10.95 8.33 3,154.54 999.00 440.30 152.13 6,108.98 10,863.28 145041 04/14/2011 014131 RIVERSIDE CO BAD CHECK Refund:nsf pmt/case # 22565982 195.00 195.00 PROGRAM 145042 04/14/2011 000411 RIVERSIDE CO FLOOD cost share reimb NPDES permit 201,277.91 201,277.91 CONTROL 145043 04/14/2011 001365 RIVERSIDE COUNTY OF Oct -Dec 2010 vector control srvcs 2,932.96 2,932.96 145044 04/14/2011 001365 RIVERSIDE COUNTY OF renew permit:Theater 578.00 578.00 145045 04/14/2011 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 732.44 732.44 145046 04/14/2011 013376 SECURITY SIGNAL DEVICES Security maint srvcs:West Wing 6,500.00 6,500.00 INC 145047 04/14/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 200.00 200.00 CENTRAL 145048 04/14/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 145049 04/14/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 145050 04/14/2011 009213 SHERRY BERRY MUSIC Jazz © the Merc 3/31/11 569.00 569.00 Page:7 apChkLst Final Check List Page: 8 04/14/2011 1:41:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145051 04/14/2011 011291 SIERRA PACIFIC ELECTRICAL Traffic sgnl install:rancho cal/yukon 145052 04/14/2011 000537 SO CALIF EDISON 26,663.22 26,663.22 Mar 2-02-351-5281:CRC 4,383.17 Mar 2-05-791-8807:31587 Tem pkwy LS3 10,397.43 Mar 2-29-974-7899:26953 Ynez LS -3 222.24 Mar 2-31-031-2590:28301 rancho cal 45.47 Mar 2-29-479-2981:31454 Tem pkwy TCI 114.97 Mar 2-01-202-7603:TCSD:arterial STLT 39,341.73 Apr 2-01-202-7330:TCSD:LS-1 Allnite 78,435.92 Mar 2-30-608-9384:28582 Harveston 411.22 Mar 2-30-066-2889:30051 mcho vista 22.57 Mar 2-10-331-2153:28816 Pujol St 693.96 Mar 2-20-798-3248:42081 Main St 853.57 134,922.25 145053 04/14/2011 014101 SOLBACH, RESHMA Class instructor:history museum 4/9 100.00 100.00 145057 04/14/2011 007762 STANDARD INSURANCE Mandatory Life Insurance Payment 8,990.71 8,990.71 COMPANY 145058 04/14/2011 012723 STANDARD INSURANCE Voluntary Supp Life Insurance Payment 1,180.90 1,180.90 COMPANY 145059 04/14/2011 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,817.00 4,817.00 145060 04/14/2011 013536 THE GIVING INTERNATIONAL refund:sec dep:picnic rental:RRSP 150.00 150.00 145061 04/14/2011 010276 TIME WARNER CABLE Apr high speed intemet:32364 overland 44.95 44.95 145062 04/14/2011 013078 TOROK, LORI A. Performances: Theater 1/15 & 4/15 1,000.00 1,000.00 145063 04/14/2011 013688 TORREY PINES BANK escrow:4110170281 Edge PW06-07 10,972.17 10,972.17 145064 04/14/2011 002702 U S POSTAL SERVICE Mar '11 postage meter deposit 2,736.03 2,736.03 145065 04/14/2011 000325 UNITED WAY United Way Charities Payment 63.00 63.00 145066 04/14/2011 004864 V N W CIRCLE OF CARE INC CDBG Reimbursement 3,644.73 3,644.73 Pages apChkLst Final Check List Page: 9 04/14/2011 1:41:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 145067 04/14/2011 004261 VERIZON 145068 04/14/2011 014134 VERIZON 145069 04/14/2011 004789 VERIZON ONLINE Description Amount Paid Check Total Apr xxx-1941 gen usage:pta cd ttacsd 36.97 Apr xxx-3910 gen usage:1st St Irdg 40.33 Apr Internet svcs:Theater 465.71 Aprxxx-1341 general usage:Theater 343.05 Aprxxx-0682 gen usage:OT sound sys 82.15 Apr xxx-2372 gen usage:wlf crk prk irrig 36.93 Aprxxx-9661 general usage 40.33 Aprxxx-7562 gen usage:Irrig contdlr 39.16 Aprxxx-5180 gen usage:79S Irrig ctr 40.42 Apr xxx-0590 gen usage:TCC alarm 82.82 Apr xxx-7530 general usage:Library 368.16 refund:acct bal:Trust Acct 6500 Apr SW DSL:PD:Jones, C. 1,576.03 54,710.27 54,710.27 39.95 39.95 145070 04/14/2011 004848 VERIZON SELECT SERVICES Mar long distance phone svcs 17.49 INC Mar long distance phone svcs 70.00 87.49 145071 04/14/2011 014146 WAL-MART refund:eng grad dep:LD07-124GR 44,985.72 44,985.72 145072 04/14/2011 001342 WAXIE SANITARY SUPPLY INC JANITORIAL SUPPLIES:CIVIC CENTER 531.14 531.14 145073 04/14/2011 013613 WORTHINGTON, PAULA reimb:pdzes for Teen Egg Hunt 375.00 375.00 145074 04/14/2011 000346 YATES, GRANT reimb:outdoor furniture 869.99 869.99 Grand total for UNION BANK OF CALIFORNIA: 1,368,945.25 Page9 apChkLst Final Check List Page: 10 04/14/2011 1:41:39PM CITY OF TEMECULA 119 checks in this report. Grand Total All Checks. 1,368,945.25 Pagel 0 apChkLst Final Check List Page: 1 04/21/2011 3:43:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 145075 04/20/2011 004190 TEMECULA VALLEY FILM FY10/11 Sponsorship 45,900.00 45,900.00 FESTIVAL 145076 04/21/2011 004802 ADLERHORST INTERNATIONAL Police service dog:temecula K-9 unit 16,971.88 16,971.88 INC 145077 04/21/2011 004767 ALERT ALL CORPORATION Public education supplies: fire prey 3,440.31 3,440.31 145078 04/21/2011 006915 ALLIES PARTY EQUIPMENT Equip rental:bluegrass festival 362.79 Rental equip:mothers day tea 251.69 614.48 145079 04/21/2011 004240 AMERICAN FORENSIC NURSES DUI drug/alcohol screening:police 657.28 (AFN) DUI drug/alcohol screening:police 369.72 1,027.00 145080 04/21/2011 000747 AMERICAN PLANNING 7/1/11-6/30/12 mbrshp S. Fisk 510.00 510.00 ASSOCIATION 145081 04/21/2011 014151 ANGLE, JUDY, DAVID, HANNAH release claims agreement payment 50,000.00 50,000.00 & THE 145082 04/21/2011 012583 BLANCAY PRICE Mar consulting srvcs: Planning 10,025.00 10,025.00 145083 04/21/2011 006536 BOLOWICH, HANS reimb:CERTtmg 4/8-10/11 192.50 192.50 145084 04/21/2011 001267 CALIF DEPT OF MOTOR pti fee:police pace box trailer 10.00 10.00 VEHICLES 145085 04/21/2011 010514 CAMPINI'S ITALIAN DELI CERT training meals: Citizen Corps 4/4 395.50 395.50 145086 04/21/2011 013379 COUSSOU, CELINE TCSD Instructor Eamings 137.20 TCSD Instructor Eamings 112.00 249.20 145087 04/21/2011 010650 CRAFTSMEN PLUMBING & Plumbing & Station Maint: Sta 73 227.50 227.50 HVAC INC 145088 04/21/2011 008810 CROSSTOWN ELECTRICAL & Equip repair& maint:PW Traffic 588.00 588.00 DATA 145089 04/21/2011 013560 CROWN BUILDING MAINT CO Mar janitorial srvcs:citywide facilities 4,077.02 INC Mar janitorial srvcs:old town pd office 250.00 Mar janitorial srvcs:harveston park 131.84 4,458.86 145090 04/21/2011 003272 DAISYWHEEL RIBBON Misc plotter supplies:info sys 364.31 COMPANY INC Misc plotter supplies:info sys 312.50 676.81 Pagel apChkLst Final Check List Page: 2 04/21/2011 3:43:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145091 04/21/2011 007057 DERN BACH, ESTHER MARIE TCSD instructor earnings 504.00 504.00 145092 04/21/2011 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOMS:ROD RUN 152.63 152.63 SRVCS 145093 04/21/2011 004417 DISCOUNT SCHOOL SUPPLY Misc supplies: childrens museum 163.80 163.80 145094 04/21/2011 004192 DOWNS COMMERCIAL Fuel for City vehicles: TCSD 2,247.67 FUELING INC Fuel for City vehicles: PW Maint Fuel for City vehicles: Pln/Code Enf Fuel for City vehicles: PW Traffic Fuel for City vehicles: B&S Fuel for City vehicles: PW Id/npdes/cip Fuel for City vehicles: PW Id/npdes Fuel for City vehicles: police Fuel for City vehicles: Windstar 145095 04/21/2011 002390 EASTERN MUNICIPAL WATER Apr water meter:39569 Seraphin a Rd DIST 1,702.17 489.38 453.35 445.13 410.34 168.99 109.48 101.19 6,127.70 237.20 237.20 145096 04/21/2011 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Eamings 364.00 AILEEN TCSD Instructor Eamings 350.00 TCSD Instructor Eamings 252.00 TCSD Instructor Eamings 238.00 TCSD Instructor Eamings 224.00 TCSD Instructor Eamings 126.00 TCSD Instructor Eamings 112.00 1,666.00 145097 04/21/2011 011202 EMH SPORTS & FITNESS TCSD instructor earnings 1,963.50 1,963.50 INSTITUTE 145098 04/21/2011 011967 FULL VALUE ENTERTAINMENT Live © the Merc 4/8/11 84.00 84.00 145099 04/21/2011 003946 G T ENTERTAINMENT ENTERTAINMENT SRVCS:EGG HUNT 550.00 550.00 145100 04/21/2011 001937 GALLS INC UNIFORMS:POLICE MOTORCYCLE 98.91 UNIT Uniforms: Police Volunteers 27.61 126.52 145101 04/21/2011 013552 GANDS PRODUCTIONS LLC Country © the Merc 4/9/11 440.00 440.00 145102 04/21/2011 000177 GLENNIES OFFICE PRODUCTS Office supplies: Planning/Code Enf 515.50 515.50 INC 145103 04/21/2011 003792 GRAINGER MISC SUPPLIES: THEATER 137.60 137.60 Page2 apChkLst Final Check List Page: 3 04/21/2011 3:43:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145104 04/21/2011 008081 HALL & FOREMAN INC Mar consulting:library parking on Pauba 3,999.82 3,999.82 145105 04/21/2011 009950 HALL, JONATHAN reimb:quad area cabling 271.84 271.84 145106 04/21/2011 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Eamings 1,487.50 1,487.50 145107 04/21/2011 010210 HOME DEPOT SUPPLY INC, Facility maint & repair:crc 267.08 267.08 TH E 145108 04/21/2011 013695 INLAND EMPIRE SHRED IT Aprdoc shred srvcs:rcrds mgmt 50.00 50.00 145109 04/21/2011 003266 IRON MOUNTAIN OFFSITE Offsite media storage:records 394.34 394.34 145110 04/21/2011 013200 JAROTH INC May pay phone:RDA:OT bus depot 82.64 82.64 145111 04/21/2011 004412 LEANDER, KERRY D. TCSD instructor earnings 1,837.50 1,837.50 145112 04/21/2011 003782 MAIN STREET SIGNS MISC SIGNS:PW MAINT/ECO DEV 2,066.25 2,066.25 145113 04/21/2011 004141 MAINTEX INC Custodial supplies:crc/civic center 616.29 616.29 145114 04/21/2011 013311 MATERIAL HANDLING SUPPLY Equip repair & maint:tcsd 497.66 497.66 INC 145115 04/21/2011 000944 MCCAIN TRAFFIC SUPPLY INC TRAFFIC SIGNAL EQUIP:PW TRAFFIC 5,501.49 5,501.49 145116 04/21/2011 005690 MICHELLE'S PLACE WOMENS Council community srvc funding 1,000.00 1,000.00 BREAST 145117 04/21/2011 004490 MUSCO SPORTS LIGHTING INC Lighting control linkfees:var parks 3,200.00 3,200.00 145118 04/21/2011 002925 NAPA AUTO PARTS Vehicle Maintenance Supplies: Sta 92 1346 13.46 145119 04/21/2011 008528 NICHOLS, MELBURG & FEB ENG SRVCS:CIVIC CENTER 7,604.08 ROSETTO FEB CONSULTING:OLD TOWN INFRASTE 6,838.19 14,442.27 145120 04/21/2011 009337 NOLTE ASSOCIATES INC Feb eng design srvcs:ped bridge 15.62 15.62 145121 04/21/2011 002139 NORTH COUNTY TIMES Mar newspapersubscr:MPSC 29.90 29.90 Pages apChkLst 04/21/2011 3:43:45PM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 145122 04/21/2011 002292 OASIS VENDING 145123 04/21/2011 010167 ODYSSEY POWER CORPORATION 145124 04/21/2011 003964 OFFICE DEPOT BUSINESS SVS DIV 145125 04/21/2011 002105 OLD TOWN TIRE & SERVICE 145126 04/21/2011 002800 PACIFIC STRIPING INC 145127 04/21/2011 004538 PAULEY EQUIPMENT COMPANY 145128 04/21/2011 012833 PC MALL GOV, INC. 145129 04/21/2011 013381 PEREZ, AARON TROY 145130 04/21/2011 000249 PETTY CASH 145131 04/21/2011 010338 POOL & ELECTRICAL PRODUCTS INC 145132 04/21/2011 011549 POWER SPORTS UNLIMITED 145133 04/21/2011 012904 PROACTIVE FIRE DESIGN 145134 04/21/2011 005075 PRUDENTIAL OVERALL SUPPLY 145135 04/21/2011 004529 QUAID TEMECULA HARLEY-DAVIDSON (Continued) Description Amount Paid Check Total Misc kitchen supplies:civic center Equip repair & maint:info systems Misc office supplies:PW Depts Misc office supplies:pd old town office Misc office supplies:PW Traffic Misc office supplies:PW Traffic Misc office supplies:PW Depts Misc office supplies:PW Traffic PRINTING SRVCS:FIRE PREVENTION OFFICE SUPPLIES:CHILDRENS MUSEUk City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD Street striping:citywide Equip rental: code enforce Equip repair: park sites Misc computer supplies:info sys TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings Petty Cash Reimbursement Var pool supplies:citywide Var pool supplies:citywide Fountain supplies:town sq fountain Veh repair & maint:police Veh repair & maint:police Mar plancheck srvcs: fire prevention Mar uniform/11r mts/tvA rentals:city credit:billing adj/tcsd maint Mar veh repair & maint:police 844.32 850.37 268.50 260.26 123.76 66.05 28.17 19.55 18.25 10.70 56.50 52.20 150,473.88 182.40 135.39 149.87 980.00 805.00 319.38 233.46 528.21 138.14 52.81 572.98 26.10 5,048.37 1,297.30 -7.50 2,144.46 844.32 850.37 795.24 108.70 150,473.88 317.79 149.87 2,104.38 233.46 719.16 599.08 5,048.37 1,289.80 2,144.46 Page4 apChkLst Final Check List Page: 5 04/21/2011 3:43:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145136 04/21/2011 002072 RANCHO CALIF WATER Dsgn Deposit-Reimb Agmint:F.V.Pkwy DIST-FEES 145137 04/21/2011 000262 RANCHO CALIF WATER DISTRICT 145138 04/21/2011 000947 RANCHO REPROGRAPHICS Apr water meters:TSCD svc lev C Mar water meter:Calle Elenita Reprographic srvcs:butterfield ext 145139 04/21/2011 000907 RANCHO TEMECULA CAR Mar city vehicle detailing srvcs:var WASH 145140 04/21/2011 009725 RAZAVI, MANDIS 145141 04/21/2011 000271 RBF CONSULTING 145142 04/21/2011 004584 REGENCY LIGHTING TCSD Instructor Eamings TCSD Instructor Eamings FEB ENG SRVCS:I-15/SR-79 ULT INTRCHG FEB PROF SRVCS:I-15/SR79S ULT. INTR' Misc electrical supplies:var parks Electrical supplies: var park sites Misc electrical supplies:var parks 145143 04/21/2011 013632 RELIANCE CHURCH refund:sec dep:amphitheater:date nite 145144 04/21/2011 002110 RENTAL SERVICE RENTAL OF TOOLS & MAINT:PW CORPORATION MAINT 145145 04/21/2011 004498 REPUBLIC INTELLIGENT 145146 04/21/2011 002412 RICHARDS WATSON & GERSHON 145147 04/21/2011 000352 RIVERSIDE CO ASSESSOR 145148 04/21/2011 000418 RIVERSIDE CO CLERK & RECORDER 145149 04/21/2011 000418 RIVERSIDE CO CLERK & RECORDER 145150 04/21/2011 003698 RIVERSIDE CO ECONOMIC 265,000.00 265,000.00 2,501.04 6.58 61.99 2,507.62 61.99 84.00 84.00 754.60 548.80 1,303.40 43,388.59 15,150.00 58,538.59 473.06 356.79 307.76 1,137.61 150.00 150.00 195.73 195.73 Mar street light maint:old town & bridge 1,233.70 Traffic sgnl repair & maint:JeffNVnchstr Feb 2011 legal services Feb -Mar assessor maps: b&s dept. Mitigated Neg. Declaration fee:OT Gym Ntc of exemption fee:F.V. Pkwy 07-04 3/10-3/11 real property srvcs:f.vly pkwy Mar real property srvcs:french vly pkwy 145151 04/21/2011 000411 RIVERSIDE CO FLOOD Feb encroachment permit:S.Gertrudis ped CONTROL 145152 04/21/2011 001097 ROADLINE PRODUCTS INC Misc maint supplies:PW Maint 669.02 1,902.72 217,137.23 217,137.23 27.00 27.00 2,108.00 2,108.00 64.00 64.00 7,386.05 754.32 8,140.37 2,039.47 2,039.47 768.25 768.25 Pages apChkLst Final Check List Page: 6 04/21/2011 3:43:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145153 04/21/2011 009196 SACRAMENTO THEATRICAL MISC LIGHTING SUPPLIES: THEATER 5,871.41 LIGHTING MISC LIGHTING SUPPLIES: THEATER 417.88 6,289.29 145154 04/21/2011 013169 SCHINSKY, WILLIAM C. Mar exhibit id & cataloging:vail ranch 2,091.50 2,091.50 145155 04/21/2011 010089 SECURITAS SECURITYSRVCS Mar securitysrvcs:Harveston Lake Park 840.00 840.00 USA 145156 04/21/2011 009213 SHERRY BERRY MUSIC 145157 04/21/2011 009746 SIGNS BYTOMORROW 145158 04/21/2011 000645 SMART & FINAL INC 145159 04/21/2011 000537 SO CALIF EDISON 145160 04/21/2011 001212 SO CALIF GAS COMPANY 145161 04/21/2011 000519 SOUTH COUNTY PEST CONTROL INC 145162 04/21/2011 014154 SOUTHWEST COMMUNITIES 145163 04/21/2011 003000 STATE WATER RESOURCES 145164 04/21/2011 006145 STENO SOLUTIONS TRANSCRIPTION Jazz © the Merc 4/14/11 388.50 Jazz © the Merc 4/7/11 336.00 724.50 SIGNAGE:RECREATION & SPCL 112.11 112.11 EVENTS MISC SUPPLIES:MPSC 220.27 MISC SUPPLIES:CHILDRENS MUSEUM 181.83 Misc supplies:emp recognition 3/31 126.37 MISC SUPPLIES:HIGH HOPES PGRM 87.59 HOSPITALITY SUPPLIES:THEATER 69.11 HOSPITALITY SUPPLIES:THEATER 7.39 Mar 2-00-397-5059:Comm Svc Utl Mar 2-27-560-0625:32380 Deerhollow Mar 2-26-887-0789:40233 Vlg Rd PED Mar 2-28-171-2620:40820 Winchester Mar 2-31-693-9784:26036 Ynez TC1 Mar 2-30-296-9522:31035 mcho vista Mar 2-29-974-7568:26953 Ynez TC1 Mar 2-31-419-2659:26706 Ynez TC1 10,005.44 3,100.54 1,569.68 765.53 408.82 328.76 114.04 85.18 Apr 015-575-0195-2:32211 Wolf Vly Rd 268.66 Apr 055-475-6169-5:PBSP 692.56 16,377.99 162.59 431.25 Mar pest control srvcs:city facilities 709.00 Pest control:childrens museum 3/17 Pest control services: oatc Pest control services: fire stn 73 Pest control services: fire stn 92 94.00 48.00 48.00 42.00 941.00 cost-sharing reimbursement agrmnt pmt 115,682.00 115,682.00 Storm water permit:O.T. Infrastructure 433.00 433.00 Mar transcription srvcs:Police 1,343.30 1,343.30 Pages apChkLst Final Check List Page: 7 04/21/2011 3:43:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145165 04/21/2011 012789 STUART, JENNIFER SARAH TCSD Instructor Eamings 145166 04/21/2011 009811 SUNNY HILLS TOWING Towing Services: Police LOWBED SRVC 145167 04/21/2011 013387 SWEEPING UNLIMITED INC Apr sweeping srvcs:parking garage 145168 04/21/2011 008804 SYMPRO INC 6/1/11-5/31/12 software maint:sympro 145169 04/21/2011 003599 T Y LIN INTERNATIONAL Feb dsgn srvcs:westem bypass bridge 145170 04/21/2011 011897 TAG/AMS INC Annual renewal fee:HR 145171 04/21/2011 000305 TARGET BANK BUS CARD MISC SUPPLIES: MPSC SRVCS 7,248.50 7,248.50 275.00 275.00 500.00 500.00 4,612.00 4,612.00 7,470.29 7,470.29 125.00 125.00 127.40 MISC SUPPLIES: MPSC 96.81 MISC SUPPLIES: TINY TOTS PRGM 94.92 MISC SUPPLIES: CHILDREN'S MUSEUM 75.72 MISC SUPPLIES: MPSC 57.40 HOSPITALITY SUPPLIES: THEATER 20.26 145172 04/21/2011 012265 TEMECULA ACE HARDWARE HARDWARE & SUPPLIES: STA 92 C/O 472.51 3.03 3.03 145173 04/21/2011 003677 TEMECULA MOTORSPORTS Vehicle repair & maint:police 628.57 LLC Vehicle repair & maint:police 161.39 789.96 145174 04/21/2011 004260 TEMECULA STAMP & Rubber & pre -inked stamps:B&S 16.37 16.37 GRAPHICS 145175 04/21/2011 004209 TEMECULA SUNRISE ROTARY Jan -Mar bus bench install & maint:PW 3,000.00 3,000.00 FOUND. 145176 04/21/2011 010493 TEMECULA TOINNE CENTER May lease pmt: Police Mall Storefront 1,458.33 1,458.33 ASSOC LP 145177 04/21/2011 011736 TEMECULA TROPHY INC Emp recognition awards:HR 66.28 66.28 145178 04/21/2011 000515 TEMECULA VALLEY CHAMBER OF STATE OF CITYADDRESS:(6) FIN STAFF 4/28 State of City Address:P.T.S.Comm. 4/28 State of City Address:TCSD Comm. 4/28 145179 04/21/2011 009194 TEMECULA VALLEY NEWS MAR ADVERTISING: TEMECULA PRESENTS 240.00 160.00 120.00 520.00 429.60 429.60 Page:7 apChkLst Final Check List Page: 8 04/21/2011 3:43:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145180 04/21/2011 000306 TEMECULA VALLEY PIPE & Drinking fountain parts: var parks 939.60 SUPPLY Plumbing supplies:var park sites 79.61 1,019.21 145181 04/21/2011 005970 TEMECULA VALLEY PLAYERS Tckt advance/J.C. Superstar Apr' 11 9,000.00 9,000.00 145182 04/21/2011 004274 TEMECULA VALLEY SECURITY Locksmith srvcs: crc 22.51 22.51 CENTR 145183 04/21/2011 003862 THYSSENKRUPP Elevator maint srvcs:prkg garage 3/14 346.50 346.50 ELEVATOR.BRNCH 37 145184 04/21/2011 010276 TIME WARNER CABLE Apr high speed intemet:32211 wolfvly 102.17 102.17 145185 04/21/2011 000668 TIMMYD PRODUCTIONS INC SOUND TECHNICIAN:TEEN EGG HUNT 350.00 350.00 4/15 145186 04/21/2011 013474 TOWN & COUNTRYTOWING Towing Services: Police 75.00 75.00 145187 04/21/2011 003031 TRAFFIC CONTROL SERVICE Traffic control paint:pw maint 748.42 748.42 INC 145188 04/21/2011 013324 TUTTLE CLICK, INC Parts:Gem Car Maint Sta 84 163.57 163.57 145189 04/21/2011 005460 U S BANK TRUSTEE FEES:2008 COP 3,400.00 3,400.00 145190 04/21/2011 007766 UNDERGROUND SERVICE Marundrgrnd svcs alerttickets:PW 195.00 195.00 ALERT 145191 04/21/2011 004981 UNISOURCE SCREENING & 3/16-31/11 background screening:hr 8.00 8.00 145192 04/21/2011 014150 VASQUEZ, YAJAIRA refund:picnic rental:Harveston 140.00 140.00 145193 04/21/2011 004261 VERIZON Apr xxx-5072 general usage 1,688.30 Aprxxx-0074 general usage 213.35 Aprxxx-0073 general usage 90.08 Aprxxx-0714 gen usage:PD mall alarm 6841 Aprxxx-3143 gen usage:PD ovednd ofc 43.61 Aprxxx-8573 general usage 36.93 Aprxxx-3564 general usage 36.93 Aprxxx-5473 gen usage:Moraga Rd 36.93 Aprxxx-6084 general usage 35.65 145194 04/21/2011 004789 VERIZON ONLINE Apr Internet svcs:Civic Center 2,250.19 269.99 269.99 Pages apChkLst Final Check List Page: 9 04/21/2011 3:43:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 145195 04/21/2011 014070 VERWEY CONSTRUCTION 145196 04/21/2011 013647 VICAR OPERATING, INC. 145197 04/21/2011 005458 VISTA PAINT 145198 04/21/2011 001342 WAXIE SANITARY SUPPLY INC 145199 04/21/2011 003730 WEST COAST ARBORISTS INC 145200 04/21/2011 011630 WOLFF LANG CHRISTOPHER (WLC) Description Amount Paid Check Total Res Impr Prgm: Alexander ADDTL VET SRVCS:POLICE K-9 UNIT Traffic paint:pw maint Custodial supplies: CUSTODIAL SUPPLIES: C.MUSEUM 3/1-15/11 tree trimming srvcs:pw maint FEB DSGN SRVCS:OLD TOWN GYM 1,647.50 194.61 8,482.50 1,868.11 48.81 20,436.00 2,620.00 Grand total for UNION BANK OF CALIFORNIA: 1,647.50 194.61 8,482.50 1,916.92 20,436.00 2,620.00 1,136,907.47 Page9 apChkLst Final Check List Page: 10 04/21/2011 3:43:45PM CITY OF TEMECULA 126 checks in this report. Grand Total All Checks. 1,136,907.47 Pagel 0 apChkLst Final Check List Page: 1 04/28/2011 11:44:37AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 1687 04/28/2011 010349 CALIF DEPT OF CHILD SUPPORT 1688 04/28/2011 000389 NATIONWIDE RETIREMENT SOLUTION 1689 04/28/2011 000246 PERS (EMPLOYEES' RETIREMENT) 1690 04/28/2011 001065 NATIONWIDE RETIREMENT SOLUTION 1691 04/28/2011 000283 INSTATAX (IRS) 1692 04/28/2011 000444 INSTATAX (EDD) 1693 04/28/2011 000444 INSTATAX (EDD) 145201 04/25/2011 002185 POSTMASTER 145202 04/28/2011 013367 ACTIVE MICRO INC 145203 04/28/2011 010851 ADAMIAK, DAWN 145204 04/28/2011 004802 ADLERHORST INTERNATIONAL INC 145205 04/28/2011 012855 AITCHISON & WATTERS INC 145206 04/28/2011 004601 ALL THE KING'S FLAGS 145207 04/28/2011 009374 ALLEGRO MUSICAL VENTURES 145208 04/28/2011 012943 ALPHA MECHANICAL SERVICE INC 145209 04/28/2011 013015 ALWAYS RELIABLE BACKFLOW Description Amount Paid Check Total Support Payment OBRA- Project Retirement Payment PERS ER Paid Member Contr Payment Nationwide Retirement Payment Federal Income Taxes Payment State Disability Ins Payment UI&ETT 1ST QTR 2011 Postal svcs:S/F'11 Recreation Guide MISC TOOLS/EQUIP: PW TRAFFIC electrical supplies: Ch Museum reimb:staff refreshments egg hunt 4/23 FEB TRAINING: POLICE K-9 UNITS document restoration:TV Museum document restoration:TV Museum document restoration:TV Museum flags: conference center piano tuning/repair: theater HVAC repair: city hall HVAC repair: MPSC backflow repairs: wolf creek backflow repairs: front street backflow repairs: various sites 738.45 2,887.74 122,020.97 11,466.23 76,834.60 22,084.88 75,846.98 6,282.75 58.16 54.91 63.00 283.34 1,400.00 2,500.00 1,100.00 401.62 170.00 317.42 120.00 99.00 197.50 738.45 2,887.74 122,020.97 11,466.23 76,834.60 22,084.88 75,846.98 6,282.75 113.07 63.00 283.34 5,000.00 401.62 170.00 437.42 3,148.50 3,445.00 Pagel apChkLst Final Check List Page: 2 04/28/2011 11:44:37AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145210 04/28/2011 004422 AMERICAN BATTERY signal battery back up: PW Traffic 754.73 754.73 CORPORATION 145211 04/28/2011 000747 AMERICAN PLANNING Zoning Practice Publication: Planning 90.00 90.00 ASSOCIATION 145212 04/28/2011 013482 BAS SECURITY security svcs:bluegrass festival 556.00 556.00 145213 04/28/2011 003138 CAL MAT PW patch truck materials 769.74 PW patch truck materials 204.71 PW patch truck materials 409.01 PW patch truck materials 605.22 1,988.68 145214 04/28/2011 014157 CALIF AVOCADO COMMISSION refund:sec dep:rm rental:CRC 150.00 150.00 145215 04/28/2011 013265 CALIF BUILDING 1st qtr pymt: SB1473 2011 756.00 756.00 145216 04/28/2011 000638 CALIF DEPT OF 2011 1st Qtr pmt:strong motion 1,748.62 1,748.62 CONSERVATION 145217 04/28/2011 010939 CALIF DEPT OF INDUSTRIAL '11 QSI elevator inspection 250.00 250.00 145218 04/28/2011 013469 CALTEC CORP Feb const: TCC expansion 23,056.85 stop notice: Senel Const Eng -22,525.00 531.85 145219 04/28/2011 008534 CASTILLO, RYAN employee computer loan program 2,000.00 2,000.00 145220 04/28/2011 005417 CINTAS FIRST AID & SAFETY first aid kit supplies: fld op ctr 106.35 first aid kit supplies: civic center 152.78 259.13 145221 04/28/2011 013716 COAST TO COAST LASER plaque: Motor Deputy Segobia 76.13 76.13 145222 04/28/2011 004405 COMMUNITY HEALTH Community Health Charities Payment 62.00 62.00 CHARITIES 145223 04/28/2011 000442 COMPUTER ALERT SYSTEMS alarm monitoring:PD Substation 155.99 155.99 145224 04/28/2011 001264 COSTCO WHOLESALE MISC SUPPLIES: MERC ART SHOWS 194.72 194.72 145225 04/28/2011 010650 CRAFTSMEN PLUMBING & facility maint: sound cabinets 85.00 85.00 HVAC INC 145226 04/28/2011 008810 CROSSTOWN ELECTRICAL & release ret w/h inv# 2133-001 12,537.50 12,537.50 DATA Page2 apChkLst Final Check List Page: 3 04/28/2011 11:44:37AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145227 04/28/2011 012734 CROWN CASTLE USA INC refund:Telecom fees:PA11-0045-0050 145228 04/28/2011 001393 DATA TICKET, INC. Mar citation processing: police 145229 04/28/2011 012600 DAVID EVANS & ASSOCIATES MAR CNSLT:BUTTERFIELD STAGE RD INC EXIT 145230 04/28/2011 003962 DAVID N EAU LT ASSOCIATES landscape dsg svc:margarita rd INC 145231 04/28/2011 003945 DIAMOND ENVIRONMENTAL SRVCS 10,000.00 10,000.00 2,037.30 2,037.30 3,540.00 3,540.00 277.86 277.86 Apr restroom svc: Veterans Park 52.88 Apr restroom svc: Long Cyn Park Apr restroom svc: Riverton Park Apr restroom svc: Vail Ranch 52.88 52.88 52.88 211.52 145232 04/28/2011 004192 DOWNS COMMERCIAL Fuel for City vehicles: IS/CC 102.57 FUELING INC Fuel for City vehicles: Code Enf 96.25 198.82 145233 04/28/2011 005880 EDGE DEVELOPMENT INC. APR CONST: CIVIC CENTER 107,642.35 107,642.35 145234 04/28/2011 001056 EXCEL LANDSCAPE landscape maint: Redhawk Park Mar landscape maint: parks landscape maint:parking structure 145235 04/28/2011 000165 FEDERAL EXPRESS INC 3/21-4/5 city express mail services 581.83 47,825.10 61.52 48,468.45 375.39 375.39 Pages apChkLst Final Check List Page: 4 04/28/2011 11:44:37AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145236 04/28/2011 003347 FIRST BANKCARD CENTER 001264 COSTCO WHOLESALE SJ label printer: City Clerk 65.24 001264 COSTCO WHOLESALE SJ label printer: Records Mgmnt 65.24 012915 LUCILLE'S BBQ SJ meal:closed council mtg 3/22 266.24 014156 JKM PRODUCTS SJ (4) spools red/white/blue ribbon 189.12 CORPORATION 014062 ID CARD GROUP SJ lanyards for visitors badges 116.43 012112 PALUMBOS RISTORANTE SJ meal:closed councilt mtg 4/5 231.64 000193 I C M A GB ped measures/benchmarks publc 59.03 013851 STORM SOURCE, LLC RJ storm source appt software:IS 40.00 011917 GEEKS.COM RJ digital camera/memory card:B&S 223.14 007655 CONTINENTAL AIRLINES INC ME baggage fee:NLC Wash,DC 3/11-16 23.00 006942 ONTARIO AIRPORT ME parldng:N LC Wash,DC 3/11-16 108.00 001256 MARRIOTT HOTEL ME htl:N LC Wash,DC 3/11-16 1,583.18 007655 CONTINENTAL AIRLINES INC ME baggage fee:NLC Wash,DC 3/11-16 25.00 2,995.26 145237 04/28/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 526.20 526.20 145238 04/28/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 246.40 246.40 145239 04/28/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 145240 04/28/2011 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 4/23 81.00 sttlmnt: Country at the Merc 4/16 565.90 646.90 145241 04/28/2011 009608 GOLDEN VALLEY MUSIC sttlmnt: Classics at the Merc Apr '11 1,082.20 1,082.20 SOCIETY 145242 04/28/2011 003792 GRAINGER misc supplies: childrens museum 357.74 357.74 145243 04/28/2011 014003 GREGORY, PETER refund:sec dep:soccer field #1:PBSP 1,000.00 1,000.00 145244 04/28/2011 010210 HOME DEPOT SUPPLY INC, maintenance supplies: theater 13.03 TH E maint supplies: theater maint supplies: theater 145245 04/28/2011 003198 HOME DEPOT, THE MISC SUPPLIES:OLD TOWN BOARDWALK 54.29 40.17 107.49 3,410.79 3,410.79 Page4 apChkLst Final Check List Page: 5 04/28/2011 11:44:37AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145246 04/28/2011 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 303355 5,260.38 5,260.38 145247 04/28/2011 013695 INLAND EMPIRE SHRED IT 4/11 doc shred svc: Library 15.00 4/11 doc shred svc: CRC 15.00 4/11 doc shred svc:PD mall office 15.00 4/11 doc shred svc:PD substation 15.00 60.00 145248 04/28/2011 013200 JAROTH INC May pay phones:duckpond,Library,CRC 212.64 212.64 145249 04/28/2011 013629 JCS EAGLES PTO refund:sec dep & rm rental:CRC 385.00 385.00 145250 04/28/2011 014163 JUAN POLLO refreshments:PD Civic Ctr grand opening 300.00 300.00 145251 04/28/2011 003605 LAKE ELSINORE STORM excursion: high hopes pgrm 300.00 300.00 145252 04/28/2011 009467 LANKENAU, STEVE employee computer loan program 1,530.95 1,530.95 145253 04/28/2011 004176 LEVEL 3 COMMUNICATIONS 4/15-4/28 Long distance & internet svc 345.80 345.80 LLC 145254 04/28/2011 003782 MAIN STREET SIGNS MISC SIGNS:PW MAINT 3,258.15 MISC SIGNS:PW MAINT 10,155.35 13,413.50 145255 04/28/2011 004141 MAINTEX INC janitorial supplies:var parks/civic 393.49 393.49 145256 04/28/2011 000944 MCCAIN TRAFFIC SUPPLY INC MAR PRGS PMT: TRAFFIC SIG SYNC 251,374.12 PH1 MAR PRGS PMT:TRAFFIC SIG SYNC PH: 27,235.95 278,610.07 145257 04/28/2011 013448 MESA FENCE COMPANY INC Res Impry Prgm: Martinez 5,427.00 5,427.00 145258 04/28/2011 013714 MIGHTY FLYERS MUSIC Performance: Theater May 6, 2011 2,500.00 2,500.00 COMPANY 145259 04/28/2011 012580 MINUTEMAN PRESS Correction Notices: B&S Dept 196.55 196.55 145260 04/28/2011 005887 MOFFATT & NICHOL Jan -Feb consulting srvcs:f.v./I-15 155,599.63 155,599.63 ENGINEERS 145261 04/28/2011 014061 MURRAY, ESTELITA refund:sec dep/rm rental:CRC 425.00 425.00 145262 04/28/2011 004238 MURRIETA, CITY OF cost -share portion Twin Cities 2,300.00 2,300.00 Pages apChkLst Final Check List Page: 6 04/28/2011 11:44:37AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 145263 04/28/2011 001986 MUZAK -SOUTHERN CALIFORNIA 145264 04/28/2011 002925 NAPA AUTO PARTS Description Amount Paid Check Total May dish network programing:foc 108.66 May satellite music:old town City veh repair & maint: Sta 12 City veh repair & maint: Sta 12 Credit:City veh maint supplies: Sta 12 145265 04/28/2011 012685 NEVADA PACIFIC Facility Maintenance: Sta 84 FIRE&SAFETY INC 145266 04/28/2011 014164 NEW PATH NETWORKS refund:telecom fees:PA10-0187-0192 145267 04/28/2011 013842 OBERLIN DANCE COLLECTIVE Performance Theater April 28, 2011 OF CA 145268 04/28/2011 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies: Central Services DIV 145269 04/28/2011 002105 OLD TOWN TIRE & SERVICE 72.11 180.77 121.82 170.17 -10.88 323.97 12,000.00 281.11 323.97 12,000.00 9,200.00 9,200.00 65.09 OFFICE SUPPLIES:CHILDRENS MUSEUk 301.86 Printing srvcs: City Clerk CITY VEHICLE MAINT SVCS:PW MAINT City Vehicle Maint Svcs:PW CIP City Vehicle Maint Svcs:PW Traffic City Vehicle Maint Svcs:PW Traffic City Vehicle Maint Svcs:PW Land Dev CITYVEHICLE MAINT SVCS:PW MAINT CITYVEHICLE MAINT SVCS:PW MAINT City Vehicle Maint Svcs:PW Land Dev 145270 04/28/2011 012833 PC MALL GOV, INC. Printer toners & cartridges:info sys 145271 04/28/2011 010320 PETCO ANIMAL SUPPLIES INC Police K-9 Food & Supplies:police 145272 04/28/2011 014155 PETER G, KALIVAS Innerstate Dance grant participation 145273 04/28/2011 013838 PETERS, JAMES Innerstate Dance Grant 145274 04/28/2011 000249 PETTY CASH Petty Cash Reimbursement 145275 04/28/2011 012818 PLANETBIDS INC 4/1/11-3/31/12 software maint:PlanetBids 145276 04/28/2011 005075 PRUDENTIAL OVERALL Feb-Aprflr mats/towel rentals:civic SUPPLY 373.36 740.31 41.37 36.57 80.07 36.57 715.61 155.07 80.07 50.03 946.29 52.36 500.00 500.00 321.63 14,171.06 1,382.24 1,195.36 946.29 52.36 500.00 500.00 321.63 14,171.06 1,382.24 Pages apChkLst Final Check List Page: 7 04/28/2011 11:44:37AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 145277 04/28/2011 014158 QUINCENA, WILMA 145278 04/28/2011 002072 RANCHO CALIF WATER DIST-FEES 145279 04/28/2011 000262 RANCHO CALIF WATER DISTRICT 145280 04/28/2011 014159 RED HAWK ELEMENTARY SCHOOL 145281 04/28/2011 004584 REGENCY LIGHTING Description Amount Paid Check Total refund:sec dep & rm rental:CRC Add'I plan check deposit:f.v.pkwy Apr var water meters:TCSD & PW Apr var water meters:TCSD svc lev C Mar water meters:30650 Pauba Rd Apr 01-02-02001-0:30875 rancho vista 295.00 295.00 3,207.22 3,207.22 857.01 3,639.51 15.62 516.70 refund credit:Pennypickle's Wkshop 35.00 refund credit:Pennypickles Wkshop 5,028.84 35.00 70.00 Electrical supplies:library 534.27 Electrical supplies: t.museum 98.66 632.93 145282 04/28/2011 002110 RENTAL SERVICE RENTAL OF TOOLS & MAINT:PW 4345 43.45 CORPORATION MAINT 145283 04/28/2011 014160 RIVER SPRINGS CHARTER refund credit:Pennypickle's Wkshop 35.00 35.00 145284 04/28/2011 000418 RIVERSIDE CO CLERK & Mar recording fees: RDA 30.00 30.00 RECORDER 145285 04/28/2011 010777 RIVERSIDE CO EXECUTIVE SCFA'08lease rev.bnds misc rent 1,524.32 1,524.32 OFFICE 145286 04/28/2011 001592 RIVERSIDE CO INFO Mar radio rentals:police/prk mgrs 1,670.57 1,670.57 TECHNOLOGY 145287 04/28/2011 001365 RIVERSIDE COUNTY OF renew permit: City Hall 688.00 688.00 145288 04/28/2011 000220 ROBINSON PRINTING & Printed envelopes: csd 408.90 408.90 CREATIVE 145289 04/28/2011 009196 SACRAMENTO THEATRICAL MISC LIGHTING SUPPLIES: THEATER 207.12 207.12 LIGHTING 145290 04/28/2011 005329 SAFE ALTERNATIVE FOR Council community service funding 250.00 250.00 EVERYONE 145291 04/28/2011 012860 SAFETY CERTIFIED '11 QSI elevator inspection fee 405.00 405.00 145292 04/28/2011 014161 SANDS, DEBBIE refund:picnic rental:Harveston 60.00 60.00 Page:7 apChkLst Final Check List Page: 8 04/28/2011 11:44:37AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145293 04/28/2011 001919 SENIOR CITIZENS SERVICE FY 10/11 Community Service Funding 5,000.00 5,000.00 CENTER 145294 04/28/2011 013519 SENSATA TECHNOLOGIES Battery back-up inverter repairs:PW Trf 1,908.02 1,908.02 145295 04/28/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 200.00 200.00 CENTRAL 145296 04/28/2011 009213 SHERRY BERRY MUSIC Jazz © the Merc 4/21/11 522.00 522.00 145297 04/28/2011 000537 SO CALIF EDISON Apr 2-29-657-2787:41638 winchester 21.11 Mar 2-30-099-3847:29721 Ryecrest 21.11 Mar 2-28-331-4847:23805 Pauba LS3 123.35 Apr 2-31-031-2616:27991 Diaz PED 21.11 186.68 145298 04/28/2011 001212 SO CALIF GAS COMPANY 145299 04/28/2011 003677 TEMECULA MOTORSPORTS LLC 145300 04/28/2011 010848 TEMECULA PLANTSCAPE Apr 095-167-7907-2:30650 Pauba Rd Mar 021-725-0775-4:Senior Center Mar 026-671-2909-8:Comm Theater Apr 133-040-7373-0:Maint Fac Apr 129-582-9784-3:43230 Bus Pk Dr Apr 129-535-4236-7:Civic Center Apr 196-025-0344-3:Children's Museum Apr 101-525-0950-0:Comm Ctr Apr 091-024-9300-5:30875 rancho vista Apr 181-383-8881-6:Museum Apr 125-244-2108-3:Library City vehicle repair & maint:police City vehicle repair & maint:police 228.32 173.68 241.39 22.63 176.81 1,010.73 35.26 67.42 2,426.49 65.35 278.80 4,726.88 166.88 568.27 735.15 apr interior plantscape srvcs:civic 525.00 Apr lease interior plantscape:library 200.00 725.00 145301 04/28/2011 000515 TEMECULA VALLEY CHAMBER 4TH QTR OPERATINGAGRMNT PMT 34,065.00 34,065.00 OF 145302 04/28/2011 010046 TEMECULA VALLEY Feb '11 Bus. Impry District Asmnts 76,936.27 76,936.27 CONVENTION & 145303 04/28/2011 000306 TEMECULA VALLEY PIPE & Parts for plumbing repair: rrsp 890.52 890.52 SUPPLY 145304 04/28/2011 005970 TEMECULA VALLEY PLAYERS J.C. Superstar April' 11 production 11,255.06 11,255.06 145305 04/28/2011 011090 TEMECULA VALLEY Transportation srvcs:senior excursion 767.00 767.00 TRANSPORTATION Pages apChkLst Final Check List Page: 9 04/28/2011 11:44:37AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145306 04/28/2011 003862 THYSSENKRUPP Apr -Jun elevator inspection srvc:City ELEVATOR.BRNCH 37 145307 04/28/2011 010276 TIME WARNER CABLE 3,120.00 3,120.00 May high speed internet:MPSC 44.95 May high speed internet:41000 Main St 4,378.24 4,423.19 145308 04/28/2011 000668 TIMMY D PRODUCTIONS INC SOUND TECHNICIAN:SPRING EGG 700.00 700.00 HUNTS 4/23 145309 04/28/2011 013078 TOROK, LORI A. Innerstate Dance Grant 500.00 500.00 145310 04/28/2011 013688 TORREY PINES BANK escrow #4110170281 Edge PW06-07 5,182.65 5,182.65 145311 04/28/2011 001561 USA MOBILITY WIRELESS INC Apr paging/rental svcs:TCSD 10.86 10.86 145312 04/28/2011 004981 UNISOURCE SCREENING & 4/1-15 background screening:hr 101.00 101.00 145313 04/28/2011 014102 UNITED LOGISTICS OF INDUSTRIAL DEHUMIDIFIER:RECORDS 572.92 572.92 AMERICA 145314 04/28/2011 000325 UNITED WAY United Way Charities Payment 63.00 63.00 145315 04/28/2011 004261 VERIZON Aprxxx-5275 gen usage:Tem PD DSL 38.10 Apr xxx-9196 gen usage:TCC SAFE 173.67 211.77 145316 04/28/2011 004789 VERIZON ONLINE 4/13-5/12 Internet svcs:Library 174.99 4/13/-5/12 Internet svcs:Tem PD DSL 49.99 224.98 145317 04/28/2011 009101 VISION ONE INC Printer: theater 1,390.68 1,390.68 145318 04/28/2011 000621 WESTERN RIVERSIDE Mar 11 TUMF Payment 176,163.00 176,163.00 COUNCIL OF 145319 04/28/2011 008402 WESTERN RIVERSIDE Mar 11 MSHCP payment 35,598.00 35,598.00 COUNTY 145320 04/28/2011 014162 ZEIDERS, TRACY refund:bal on acct:soccer 2203.103 152.00 152.00 145321 04/28/2011 003776 ZOLL MEDICAL CORPORATION Misc medical supplies: Paramedics 784.37 784.37 Grand total for UNION BANK OF CALIFORNIA: 1,424,174.53 Page9 apChkLst Final Check List Page: 10 04/28/2011 11:44:37AM CITY OF TEMECULA 128 checks in this report. Grand Total All Checks. 1,424,174.53 Pagel 0 Item No. 4 Approvals City Attorney Director of Finance City ManagerOCL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: May 10, 2011 SUBJECT: City Treasurer's Report as of March 31, 2011 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of March 31, 2011. 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 March 31, 2011. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of March 31, 2011 Investments Par Value City of Temecula, California Portfolio Management Portfolio Summary March 31, 2011 Market Value Book %of Value Portfolio Term City of Temecula 43200 Business Park Drive P.Q. BoX 9033 Temecula, CA, 92590 (951)694-6430 Days to YTM YTM Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments 60,886,233.33 1.00 36,779,907.12 19,000,000.00 16,000,000.00 132,666,141.45 60,886,233.33 1.00 36A1 0,1 06.34 19,103,440.00 16,181,140.00 60,886,233.33 1.00 36,779,907.12 19,000,000.00 15,977,910.00 45.90 27.73 14.32 12.05 132, 980, 920.67 132,644,051.45 100.00% 1 1 1 1,379 1 ,09 2 1 1 1 1,052 423 0.334 0.000 9.493 1.895 2.184 0.339 9.999 9.500 1.921 2214 330 202 0.825 0.836 Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 4,703,874.40 137,370,015.85 4,703,874.40 4,703,874.40 137, 684,795.07 137,347,925.85 1 1 0.000 9.999 330 202 0.825 0.836 Total Earnings March 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return 98, 864.53 137, 424,107.19 0.85% Reporting period 03/01/2011-03/31/2011 Run Date: 04/27/2011 -10:34 973,886.75 134, 696, 010.32 0.96% Portfolio TEME CP PM (PRF_PM1) SymRept6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2011 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 6003-2 CITY COP RE2 ASSURED GUARANTY 1.00 1.00 1.00 1.000 0.986 1.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BON D3 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMW D 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BON D2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BON D2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 1 2221 6003-4 CITY COP RE4 First American Treasury 730.91 730.91 730.91 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 1 2221 600 0-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INTI First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94 43 41 61-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 Run Date: 04/27/2011 - 10:34 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2011 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886008-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 107886000-2 RDA O6A INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886018-3 RDA 06B CIP3 First American Treasury 245,900.14 245,900.14 245,900.14 0.000 0.000 1 107886010-2 RDA O6B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,115.00 202,115.00 202,115.00 0.000 0.000 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886028-2 RDA 07 PROJ2 First American Treasury 1,913.54 1,913.54 1,913.54 0.000 0.000 1 107886026-2 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 0.00 0.00 0.00 0.000 0.000 1 SYSRDA 10A CIP2 RDA 10A CIP2 First American Treasury 07/01/2010 19,394.96 19,394.96 19,394.96 0.000 0.000 1 136343018-2 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 16B-INT1 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 94432360-2 TCSD COP INT First American Treasury 07/01/2010 99,002.50 99,002.50 99,002.50 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 03/31/2011 440,811.14 440,811.14 440,811.14 0.090 0.089 0.090 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 03/31/2011 202,923.72 202,923.72 202,923.72 0.090 0.089 0.090 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 03/31/2011 256,813.54 256,813.54 256,813.54 0.090 0.089 0.090 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 03/31/2011 15,118.47 15,118.47 15,118.47 0.090 0.089 0.090 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 03/31/2011 4,530.51 4,530.51 4,530.51 0.090 0.089 0.090 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 03/31/2011 864,731.09 864,731.09 864,731.09 0.090 0.089 0.090 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 03/31/2011 223,164.48 223,164.48 223,164.48 0.090 0.089 0.090 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 03/31/2011 254,813.11 254,813.11 254,813.11 0.090 0.089 0.090 1 786776006-5 03-06 RES11 Federated Tax Free Obligations 03/31/2011 338,200.04 338,200.04 338,200.04 0.090 0.089 0.090 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 03/31/2011 66,775.82 66,775.82 66,775.82 0.090 0.089 0.090 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 03/31/2011 75,444.17 75,444.17 75,444.17 0.090 0.089 0.090 1 793593009-5 03-2 EMW D11 Federated Tax Free Obligations 03/31/2011 4,229.47 4,229.47 4,229.47 0.090 0.089 0.090 1 793593016-5 03-2 LOC11 Federated Tax Free Obligations 03/31/2011 1,243,387.17 1,243,387.17 1,243,387.17 0.090 0.089 0.090 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 03/31/2011 4,175.50 4,175.50 4,175.50 0.090 0.089 0.090 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 03/31/2011 367.94 367.94 367.94 0.090 0.089 0.090 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 03/31/2011 5,102.18 5,102.18 5,102.18 0.090 0.089 0.090 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 03/31/2011 2,173,208.66 2,173,208.66 2,173,208.66 0.090 0.089 0.090 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 03/31/2011 67,910.80 67,910.80 67,910.80 0.090 0.089 0.090 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 03/31/2011 14,981.74 14,981.74 14,981.74 0.090 0.089 0.090 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 03/31/2011 4,075.75 4,075.75 4,075.75 0.090 0.089 0.090 1 94686000-5 03-4 RED11 Federated Tax Free Obligations 03/31/2011 29,155.69 29,155.69 29,155.69 0.090 0.089 0.090 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 03/31/2011 96,560.29 96,560.29 96,560.29 0.090 0.089 0.090 1 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 03/31/2011 556,464.77 556,464.77 556,464.77 0.090 0.089 0.090 1 Run Date: 04/27/2011 - 10:34 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2011 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 146161006-5 RDA 11 DS11 Federated Tax Free Obligations 03/04/2011 1,307,870.20 1,307,870.20 1,307,870.20 0.090 0.089 0.090 1 1 461 61 008-5 RDA 11ACIP11 Federated Tax Free Obligations 03/04/2011 14,966,800.83 14,966,800.83 14,966,800.83 0.090 0.089 0.090 1 146161009-5 RDA 11ACOI11 Federated Tax Free Obligations 03/04/2011 18,010.14 18,010.14 18,010.14 0.090 0.089 0.090 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 29,017,662.82 29,017,662.82 29,017,662.82 0.500 0.493 0.500 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 1,565,165.11 1,565,165.11 1,565,165.11 0.500 0.493 0.500 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 116,041.05 116,041.05 116,041.05 0.500 0.493 0.500 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 308,862.86 308,862.86 308,862.86 0.500 0.493 0.500 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,613,105.77 3,613,105.77 3,613,105.77 0.500 0.493 0.500 1 122216008 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.500 0.493 0.500 1 1 2221 6003-1 CITY COP RE1 CA Local Agency Investment Fun 792,745.56 792,745.56 792,745.56 0.500 0.493 0.500 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.500 0.493 0.500 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.500 0.493 0.500 1 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.500 0.493 0.500 1 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.500 0.493 0.500 1 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 559,221.91 559,221.91 559,221.91 0.500 0.493 0.500 1 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 1,106,208.88 1,106,208.88 1,106,208.88 0.500 0.493 0.500 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABS RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 SYS95453516-1 95453516-1 USBANK 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 Subtotal and Average 60,057,078.38 60,886,233.33 60,886,233.33 60,886,233.33 0.334 0.339 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2010 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 732,299.12 732,299.12 732,299.12 0.500 0.493 0.500 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 3,890,243.00 3,890,243.00 3,890,243.00 0.500 0.493 0.500 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 928,893.22 928,893.22 928,893.22 0.500 0.493 0.500 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.500 0.493 0.500 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.500 0.493 0.500 1 SYSCITY CITY CA Local Agency Investment Fun 2,544,118.36 2,547,329.43 2,544,118.36 0.500 0.493 0.500 1 SYSRDA RDA CA Local Agency Investment Fun 9,732,302.47 9,744,586.14 9,732,302.47 0.500 0.493 0.500 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 1,269,173.53 1,269,173.53 1,269,173.53 0.500 0.493 0.500 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 548.01 548.01 548.01 0.500 0.493 0.500 1 SYSRDA 10 CIP 1 RDA 10B CIP1 CA Local Agency Investment Fun 6,032,033.29 6,032,033.29 6,032,033.29 0.500 0.493 0.500 1 SYSTCSD TCSD CA Local Agency Investment Fun 11,650,296.12 11,665,000.60 11,650,296.12 0.500 0.493 0.500 1 Run Date: 04/27/2011 - 10:34 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP Investment # Issuer Average Balance City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2011 Purchase Date Par Value Market Value Page 5 Stated YTM YTM Days to Maturity Book Value Rate 360 365 Maturity Date Subtotal and Average 40,408,939.38 36, 779,907.12 36,810,106.34 36,779,907.12 0.493 0.500 1 Federal Agency Callable Securities 31331J2P7 31331J4T7 3133XVF63 3133724V3 313372NX8 313372VP6 3134G1Y65 3134G1Y99 3136F9CB7 3136F9DP5 31398AYN6 3136FJNN7 3136FPNTO 3136FPPR2 3136FPQV2 3136FPZD2 31398A7A4 31398A7L0 01156 01159 01147 01158 01165 01167 01162 01163 01088 01090 01134 01148 01153 01154 01155 01157 01160 01161 Federal Farm Credit Bank Federal Farm Credit Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Horne Loan Mtg Corp Federal Home Loan Mtg Corp Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Subtotal and Average 18,290,322.58 11/17/2010 12/16/2010 10/26/2009 12/30/2010 02/28/2011 03/23/2011 01/25/2011 02/08/2011 03/11/2008 03/27/2008 07/28/2009 11/18/2009 10/18/2010 10/14/2010 10/28/2010 12/03/2010 12/30/2010 01/24/2011 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 2,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 980,010.00 993,140.00 1,010,370.00 990,980.00 1,003,490.00 997,600.00 996,760.00 996,040.00 2,121,760.00 1,061,870.00 1,007,350.00 1,009,310.00 992,380.00 984,700.00 986,620.00 974,400.00 996200.00 1,000,460.00 19, 000,000.00 19,103,440.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 2,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 19,000,000.00 1.250 1.350 2.100 1.125 2.000 1.250 1.500 1.650 4.000 4.000 3.000 2.000 0.625 1.150 1.000 1.125 1.300 1.450 1.233 1.332 2.071 1.110 1.973 1.233 1.479 1.627 3.945 3.945 2.959 1.973 0.616 1.134 1.601 1.110 1.282 1.430 1.250 1.350 2.100 1.125 2.000 1.250 1.500 1.650 4.000 4.000 3.000 2.000 0.625 1.150 1.623 1.125 1.300 1.450 1,326 990 756 1,004 1,337 997 1,211 1,225 710 726 1,214 1,327 931 1,109 1,033 1,342 1,004 1,029 1.895 1.921 1,052 11/17/2014 12/16/2013 04/26/2013 12/30/2013 11/28/2014 12/23/2013 07/25/2014 08/08/2014 03/11/2013 03/27/2013 07/28/2014 11/18/2014 10/18/2013 04/14/2014 01/28/2014 12/03/2014 12/30/2013 01/24/2014 Federal Agency Bullet Securities 31331YG46 31331Y3 P3 31331Y3N8 31331GE47 31331GG37 31331GZ44 31331KCA6 3133XRRU6 3133XSWM6 3133XTN85 3133XTXC5 3133XVEM9 3133XVRS2 313372UH5 31398AYM8 Run Date: 04/27/2011 - 10:34 01092 01105 01111 01135 01137 01144 01164 01101 01124 01125 01130 01150 01151 01166 01139 Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal National Mtg Assn 04/21/2008 07/15/2008 07/30/2008 07/29/2009 08/04/2009 10/15/2009 02/10/2011 07/03/2008 01/23/2009 05/07/2009 06/11/2009 11/04/2009 11/16/2009 03/15/2011 08/10/2009 2,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 2,002,800.00 1,016,610.00 1,010,180.00 1,027,020.00 1,024,730.00 1,013,610.00 999,710.00 1,009,010.00 1,014,110.00 1,007,280.00 1,021,080.00 1,014,980.00 1,005,110.00 998,920.00 1,015,990.00 1,993,700.00 998,140.00 999,000.00 997,500.00 1,000,000.00 1,000,000.00 1,000,000.00 998,570.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 999,750.00 1,000,000.00 991,250.00 2.625 3.500 3.625 2.250 2.150 1.550 1.375 3.625 2.100 1.500 2.250 1.625 1.000 1.125 1.750 2.703 3.514 3.610 2.284 2.121 1.529 1.356 3.626 2.071 1.479 2.219 1.603 0.998 1.110 2.024 2.740 3.563 3.661 2.316 2.150 1.550 1.375 3.676 2.100 1.500 2.250 1.625 1.012 1.125 2.052 20 185 105 850 675 563 1,046 91 297 220 437 600 271 896 497 04/21/2011 10/03/2011 07/15/2011 07/29/2013 02/04/2013 10/15/2012 02/10/2014 07/01/2011 01/23/2012 11/07/2011 06/11/2012 11/21/2012 12/28/2011 09/13/2013 08/10/2012 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2011 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance date Par Value Market Value Book Value Rate 360 365 Maturity Page 6 Subtotal and Average 15,526,297.10 16, 000,000.00 16,181,140.00 15,977,910.00 2.184 2.214 423 Total and Average 137,424,107.19 Run Date: 04/2712011 - 10:34 132,666,141.45 132,980,920.67 132,644,051.45 0.825 0.836 202 Portfolio TEME CP PM (PRF_PM2) SymRept 6-42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash March 31, 2011 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 7 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2010 1,673,825.97 1,673,825.97 1,673,825.97 0.000 0.000 1 23303800 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 2,810.00 2,810.00 2,810.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2010 20,826.19 20,826.19 20,826.19 0.000 0.000 1 SYSGen CkAcct Gen CkAcct Union Bank of California 2,993,727.24 2,993,727.24 2,993,727.24 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2010 12,685.00 12,685.00 12,685.00 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 137,424,107.19 Run Date: 04/27/2011 - 10:34 137,370,015.85 137,684,795.07 137,347,925.85 0.825 0.836 202 Portfolio TEME CP PM (PRF_PM2) SymRept 0.42 Cash and Investments Report CITY OF TEMECULA Through March 31, 2011 Fund Total 001 GENERAL FUND $ 29,046,187.13 101 STATE TRANSPORTATION FUND 199,425.33 120 DEVELOPMENT IMPACT FUND 3,502,952.90 150 AB 2766 FUND 583,430.58 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 28,014,697.93 170 MEASURE A FUND 7,909,183.21 190 TEMECULA COMMUNITY SERVICES DISTRICT 107,274.27 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 16,518.20 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 242,311.27 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 7,745.23 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 200,043.75 197 TEMECULA LIBRARY FUND 719,730.78 210 CAPITAL IMPROVEMENT PROJECT FUND 12,477,459.39 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 4,642,191.10 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 996,804.02 277 CFD-RORIPAUGH 30,783,644.80 280 REDEVELOPMENT AGENCY - CIP PROJECT 247,742.56 300 INSURANCE FUND 359,896.34 310 VEHICLES FUND 980,283.40 320 INFORMATION SYSTEMS 216,080.22 330 SUPPORT SERVICES 269,585.32 340 FACILITIES 58,640.67 370 CITY 2008 COP'S DEBT SERVICE 796,117.52 380 RDA DEBT SERVICE FUND 2,077,618.93 390 TCSD 2001 COP'S DEBT SERVICE 99,106.70 460 CFD 88-12 DEBT SERVICE FUND 66,780.15 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 994,153.30 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,418,112.15 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 153,559.90 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 3,117,435.99 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 456,320.80 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 6,186,229.56 501 SERVICE LEVEL "C" ZONE 1 SADDLEWOOD 4,494.49 502 SERVICE LEVEL "C" ZONE 2 WINCHESTER 37,514.27 503 SERVICE LEVEL "C" ZONE 3 RANCHO HIGHLAND 26,447.92 504 SERVICE LEVEL "C" ZONE 4 VINEYARDS 779.17 505 SERVICE LEVEL "C" ZONE 5 SIGNET 627.33 506 SERVICE LEVEL "C" ZONE 6 WOODCREST 10,564.47 507 SERVICE LEVEL "C" ZONE 7 RIDGEVIEW 326.65 508 SERVICE LEVEL "C" ZONE 8 VILLAGE GROVE 1,222.27 509 SERVICE LEVEL "C" ZONE 9 RANCHO SOLANA 11,068.30 510 SERVICE LEVEL "C" ZONE 10 MARTINIQUE 3,449.34 511 SERVICE LEVEL "C" ZONE 11 MEADOWVIEW 519.56 512 SERVICE LEVEL "C" ZONE 12 VINTAGE HILLS 13,261.11 513 SERVICE LEVEL "C" ZONE 13 PRESLEY DEVELOPMENT 0.01 514 SERVICE LEVEL "C" ZONE 14 MORRISON HOMES 51.13 516 SERVICE LEVEL "C" ZONE 16 TRADEWINDS 56,476.71 517 SERVICE LEVEL "C" ZONE 17 MONTE VISTA 257.96 518 SERVICE LEVEL "C" ZONE 18 TEMEKU HILLS 492.92 519 SERVICE LEVEL "C" ZONE 19 CHANTEMAR 46,300.33 520 SERVICE LEVEL "C" ZONE 20 CROWNE HILL 116,309.51 521 SERVICE LEVEL "C" ZONE 21 VAIL RANCH 64,825.56 523 SERVICE LEVEL "C" ZONE 23 PHEASENT RUN 7,207.91 524 SERVICE LEVEL "C" ZONE 24 HARVESTON 121,879.27 525 SERVICE LEVEL "C" ZONE 25 SERENA HILLS 14,023.89 526 SERVICE LEVEL "C" ZONE 26 GALLERYTRADE 143.83 528 SERVICE LEVEL "C" ZONE 28 WOLF CREEK 163,061.38 529 SERVICE LEVEL "C" ZONE 29 GALLERYPORT 3,563.22 530 SERVICE LEVEL "C" ZONE 30 FUTURE ZONES 32,663.16 Grand Total: $ 137,684,795.07 Item No. 5 Approvals City Attorney Director of Finance City Manager "Ref— OcL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: May 10, 2011 SUBJECT: Approve the Sponsorship Request for the 2011 Komen Inland Empire Race for the Cure PREPARED BY: Christine Damko, Econmic Development Analyst RECOMMENDATION: That the City Council approve the Event Sponsorship Agreement in the amount of $22,500 cash, city- support costs in the amount of approximately $14,981 and promotional services valued at $12,865 for the 2011 Komen Inland Empire Race for the Cure and authorize the Mayor to execute the Agreement. BACKGROUND: The City Council Economic Development Committee (Mayor Ron Roberts and Mayor Pro Tem Chuck Washington) met on January 6, 2010 to review the Economic Development Sponsorship Applications for FY 2010-2011. It was recommended that the City of Temecula continue supporting and sponsoring the Inland Empire Affiliate of Susan G. Komen for the Cure. Support for this event was also approved by the full City Council. The 2011 Komen Inland Empire Race for the Cure is scheduled for October 16th and will maintain the same format as in previous years. The race will be held at the Promenade Mall in Temecula and will include a Coed timed run, a Coed 5k Run/Walk, a family One -Mile Fun Run/Walk, a Kids Only Run (10 years and younger), live entertainment, exhibits, Kids' Expo, Komen Expo, Sleep in for the Cure and Breast Cancer Survivor Tribute. Promotion for the 2011 Komen Race consists of newspaper, television/radio advertising, email 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 magazine. The Inland Empire Affiliate funds non -duplicative, community-based 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 $5 million in grants and $1 million in support for the Susan G. Komen for the Cure Award and Resaerch Grants Program. Funding for this event is provided through the Economic Development budget within the City's General Fund. There will be no commissions, consultant fees and/or salaries paid to any party from the City of Temecula's sponsorships. FISCAL IMPACT: Adequate funds for the Komen Inland Empire Race for the Cure have been included in the FY2010-11 Community Support Budget (Council Discretionary fund) for the recommended sponsorship amount of $22,500 cash.The City support costs of $14,981 and costs for promotional services valued at $12,865 are included in the FY2010-11 Operating Budget of the various support departments. ATTACHMENTS: Attachment A — 2011 Komen Inland Empire Race for the Cure Agreement SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND KOMEN INLAND EMPIRE RACE FOR THE CURE THIS AGREEMENT is made and effective as of this 10th day of May, 2011, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Inland Empire Affiliate of Susan G. Komen for the Cure ("IESGKC"), a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Komen Inland Empire Race for the Cure (hereinafter referred to as the "Event") on October 16, 2011. The Event is a special event which is located at The Promenade Mall in Temecula. The Event is expected to draw between 11,500 and 12,000 people for the event. b. The event includes a Coed timed run, a Coed 5k Run/Walk, a family One - Mile Fun Run/Walk, a Kids Only Run (10 years and younger), live entertainment, exhibits, Kids' Expo, Komen Expo, Sleep in for the Cure and Breast Cancer Survivor Tribute. c. Will Alcohol be served?: - YES © NO d. The City desires to be a "Diamond Sponsor" of the Event. 2. TERM This Agreement shall commence on May 10, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than January 31, 2012, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit of fourteen thousand nine hundred eighty one dollars ($14,981) for city -support costs of Public Works, Fire, Police, Community Services, and Code Enforcement as listed in Exhibit B, and in-kind promotional services valued at an amount not to exceed twelve thousand eight hundred sixty five dollars ($12,865), listed in Exhibit C, the City of Temecula shall be designated as a "Diamond Sponsor" of the Event. As a Diamond Sponsor the City shall receive sponsor benefits as listed in Exhibit A. In the event that City support services exceeds $14,981 the sponsor may seek City authorization for payment above that amount. 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 Inland Empire citizens. 4. ALLOCATION OF FUNDS a. The Nonprofit Foundation shall use the City's Sponsorship Funding of City Support Costs in an amount not to exceed fourteen thousand nine hundred eighty one dollars ($14,981) listed in Exhibit B and in-kind promotional services valued at an amount not to exceed twelve thousand eight hundred sixty five dollars ($12,865) listed in exhibit C, to 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 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 IEDSGKC. 5. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, 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 the Event must be included in such a written report. 6. FINANCIAL REVIEW The Nonprofit shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event. This financial review of the Event should be completed and submitted to the City no later than January 31, 2012. The financial review shall provide a general summary report on how funds were expended and used to benefit Inland Empire 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. The IESGKC shall provide a copy of the consolidated, audited financial statements of 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. This audit shall be conducted on an every other year basis. The Komen Inland Empire Race for the Cure submitted an audit with the recapping of the 2010 event therefore an audit will be required with the recapping of the 2012 event. 7. PERMITS The Nonprofit shall file applications for a Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval for the 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 The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 9. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Ag ree me nt. 10. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by October 16, 2011, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 12. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall riot be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 13. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 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: Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: The Inland Empire Affiliate of Susan G. Komen for the Cure 43397 Business Park Drive, #D-9 Temecula, CA 92590 Attn: Sandra Finestone, Inland Empire Affiliate President 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall riot incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any mariner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall riot be liable for compensation or indemnification to the Nonprofit 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 the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA The Inland Empire Affiliate of Susan G. Komen For the Cure (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor Sandra Finestone, Inland Empire Affiliate President ATTEST: By: By: Susan W. Jones, MMC, City Clerk Debbie Gilligan, Inland Empire Affiliate Co - Race Chair APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT The Inland Empire Affiliate of Susan G. Komen for the Cure Sandra Firestone, Inland Empire Affiliate President 43397 Business Park Drive, #D-9 FSM Initials: Date: 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 Inland Empire Affiliate of Susan G. Komen for the Cure shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo/name on printed material: i.e. 2,000 race posters, 50,000 race entry forms • City of Temecula logo on 12,000 race t -shirts • City of Temecula name on all radio promotion • City of Temecula name in all press releases • City of Temecula logo in race related online communication • Complimentary sponsor appreciation dinner tickets (10 tickets) • 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 2011 Inland Empire Susan G. Komen Race for the Cure event. The following expenses can be anticipated for the event: Police: $9,000 Fire: $3,500 Public Works: $1,963 Additive Costs (Public Works) $518 TOTAL: $ 14,981 EXHIBIT "C" ESTIMATED VALUE OF IN-KIND PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA Item Value City Website $2,200 Race for the Cure event listing on the City of Temecula website City Cable Station Race for the Cure slide is part of a program. Slide appears approx. 1 time Per hour for 30 seconds. Run time: 9/1/11-10/16/11 $5,100 City E -letter E -letters are sent out each mont to approximately 2,500 people in the community. $450 Temecula Auto Mall Marquee Race for the Cure listing runs approx once every 4.5 minutes during its run time $3,115 Installation of street pole banners along Winchester and Rancho Cal Roads $2,000 TOTAL: $ 12,865 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, 2010 and 2009 With Report of Independent Auditors Ernst & Young LLP 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, 2010 and 2009 Contents Report of Independent Auditors 1 Consolidated Financial Statements Consolidated Statements of Financial Position 2 Consolidated Statements of Activities 3 Consolidated Statements of Cash Flows 4 Consolidated Statements of Functional Expenses 5 Notes to Consolidated Financial Statements 7 Supplemental Schedules Consolidating Statement of Financial Position by Affiliate 22 Consolidating Schedule of Revenue by Affiliate 34 Consolidating Schedule of Functional Expenses by Affiliate 40 1009-1188665 IIIIIIIIIIIIIIIIIIu111111111"'. yE Nsr&Yovnrc Report of Independent Auditors The Board of Directors The Susan G. Komen Breast Cancer Foundation, Inc. Ernst &Young LLP One Victory Park Suite 2000 2323 Victory Avenue Dallas, TX 75219 Tel: +1 214 969 8000 Fax: +1 214 969 8587 www.ey.com 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, 2010 and 2009, 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 fmancial 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 fmancial 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. dba Susan G. Komen for the Cure® and Affiliates at March 31, 2010 and 2009, 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 2010 consolidated financial statements taken as a whole. The accompanying consolidating statement of fmancial position by affiliate as of March 31, 2010, and the consolidating schedules of revenue by affiliate and functional expenses by affiliate for the year ended March 31, 2010, are presented for purposes of additional analysis and are not a required part of the 2010 consolidated fmancial statements. Such information has been subjected to the auditing procedures applied in our audit of the 2010 consolidated fmancial statements and, in our opinion, is fairly stated in all material respects in relation to the 2010 consolidated financial statements taken as a whole. yt/frt.ct,t .11- lyo-t4.7,1-1-P November 18, 2010 1009-1188665 1 A member firmof 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, accrued expenses, and other payable Deferred revenue and rent 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 2010 2009 $ 245,448,321 121,433,024 80,408,909 5,449,651 5,289,802 $ 225,654,062 90,391,632 57,045,492 3,495,280 5,922,337 $ 458,029,707 $ 382,508,803 $ 20,132,592 $ 6,080,613 268,585,300 294,798,505 80,188,010 1,000,000 9,788,369 3,310,513 247,125,219 260,224,101 50,827,177 1,000,000 81,188,010 81,818,192 225,000 51,827,177 70,232,525 225,000 163,231,202 $ 458,029,707 $ 122,284,702 382,508,803 1009-1188665 2 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure® and Affiliates Public support and revenue: Contributions, sponsorships, and race entry fees Contributed goods and services (Note 1) Less direct benefits to donors and sponsors Interest and dividends Net realized losses on investments Net unrealized gains (losses) on investments Other Net assets released from restrictions Total public support and revenue Expenses: Program services: Research Public health education Health screening services Treatment services Total program services Supporting services: Fund-raising costs General and administrative Total supporting services Total expenses Change in net assets Net assets at beginning of year Net assets at end of year See accompanying notes. Consolidated Statements of Activities Year Ended March 31, 2010 Year Ended March 31, 2009 Temporarily Permanently Unrestricted Restricted Restricted Temporarily Permanently Total Unrestricted Restricted Restricted Total $ 272,971,918 $ 56,873,320 (19,881,851) 309,963,387 4,180,705 (960,185) 26,261,770 6,443,560 43,420,449 389,309,686 75,407,069 140,773,507 46,860,822 20,137,769 283,179,167 36,145,613 40,624,073 76,769,686 37,861,053 $ — 17,145,063 — 55,006,116 — (43,420,449) 11,585,667 $ 310,832,971 74,018,383 (19,881,851) 364,969,503 - 4,180,705 - (960,185) — 26,261,770 - 6,443,560 — 400,895,353 — 75,407,069 — 140,773,507 — 46,860,822 — 20,137,769 — 283,179,167 — 36,145,613 40,624,073 - 76,769,686 $ 268,676,237 $ 32,652,454 $ 49,644, 892 15,017,229 (19,965,382) — 298,355,747 47,669,683 6,785,366 (7,891,568) (22,762,250) 4,722,658 52,118,461 (52,118,461) 331,328,414 (4,448,778) 70,146,688 135,529,669 39,653,265 22,329,648 267,659,270 29,495,530 37,148,160 66,643,690 — $ 301,328,691 — 64,662,121 (19,965 382) 346,025,430 6,785,366 (7,891,568) (22,762,250) 4,722,658 326,879,636 70,146,688 135,529,669 39,653,265 22,329,648 267,659,270 29,495,530 37,148,160 66,643,690 359,948,853 — 359,948,853 29,360,833 51,827,177 $ 81,188,010 $ 11,585,667 70,232,525 81,818,192 225,000 $ 225,000 40,946,500 122,284,702 $ 163,231,202 334,302,960 (2,974 546) 54,801,723 $ 51,827,177 $ 334,302,960 (4,448,778) (7,423,324) 74,681,303 225,000 129,708,026 70,232,525 $ 225,000 $ 122,284,702 3 1009-1188665 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 (gains) losses on investments Net loss on disposals of property and equipment (Increase) decrease in receivables, net Increase in prepaid expenses and other assets Increase (decrease) in accounts payable and accrued expenses Increase in deferred revenue and rent 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 increase (decrease) in cash and cash equivalents Cash and cash equivalents at beginning of year Cash and cash equivalents at end of year See accompanying notes. Year Ended March 31 2010 2009 $ 40,946,500 $ (7,423,324) 2,014,354 (26,261,770) (23,363,417) (1,954,371) 10,344,223 2,770,100 21,460,081 1,152,113 22,762,250 123,499 8,044,182 (445,937) (2,230,565) 325,152 1,670,090 25,955,700 (1,381,819) (51,884,116) 47,104,494 23,977,460 (4,401,470) 3,354 (100,817,623) 64,957,292 (6,161,441) (40,258,447) 19,794,259 (16,280,987) 225,654,062 241,935,049 $ 245,448,321 $ 225,654,062 1009-1188665 4 Marketing and communications (primarily contributed goods and services) Salaries and benefits Supplies Postage and shipping 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, 2010 Program Services Supporting Services Fund -Raising Costs General and Administrative Public Health Research Education Health Screening Services Treatment Race for the Other Fund - Services Cure Raising Affiliate Relations Other Total $ 1,920,918 $ 42,088,570 $ 24,573 $ 5,120 $ 9,036,299 $ 4,945,468 $ 3,368 $ 2,132,067 $ 60,156,383 2,774,422 19,375,214 1,419,408 679,442 958,546 1,603,113 2,121,818 15,942,123 44,874,086 12,288 1,250,421 24,676 13,169 204,431 201,003 8,206 410,969 2,125,163 19,103 3,161,092 14,911 7,335 20,934 2,234,104 13,489 227,869 5,698,837 255,509 2,653,094 116,412 67,946 363,988 177,135 134,050 2,252,049 6,020,183 299,567 2,639,852 49,780 28,467 554,508 182,469 71,712 3,005,499 6,831,854 338,101 2,405,008 87,007 36,406 87,443 255,109 140,104 568,998 3,918,176 32,752 5,488,816 26,594 14,579 46,832 3,702,228 13,701 443,755 9,769,257 62,691,301 29,660,285 44,827,098 19,143,346 - - - - 156,322,030 6,315,130 19,008,361 163,050 94,801 1,249,329 4,416,656 431,913 6,460,556 38,139,796 260,008 2,393,446 34,746 13,011 99,441 163,359 299,332 997,011 4,260,354 19,580 30,526 703 277 9,008 5,015 (49) 128,607 193,667 58,068 6,832,695 8,715 6,182 1,662,675 411,115 119 707,237 9,686,806 40,233 783,838 8,723 2,045 2,038,679 457,823 10,746 614,296 3,956,383 35,796 527,023 25,765 11,491 45,312 48,044 29,387 355,634 1,078,452 120,866 304,361 9,160 4,309 5,693 39,520 15,423 1,515,022 2,014,354 213,427 2,170,905 19,501 9,843 6,178 914,156 429,599 1,139,463 4,903,072 75,407,069 140,773,507 $ 75,407,069 $ 140,773,507 $ 46,860,822 20,137,769 16,389,296 17,645,393 46,860,822 $ 20,137,769 $ 34,034,689 19,756,317 2,236,458 $ 21,992,775 $ 3,722,918 36,901,155 359,948,853 - 19,881,851 3,722,918 $ 36,901,155 $ 379,830,704 5 1009-1188665 Marketing and communications (primarily contributed goods and services) Salaries and benefits Supplies Postage and shipping 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, 2009 Program Services Supporting Services Fund -Raising Costs General and Administrative Public Health Research Education Health Screening Treatment Services Services Race for the Other Fund- Affiliate Cure Raising Relations Other Total $ 802,851 2,808,667 5,310 29,627 128,708 156,933 207,636 41,148 59,179,051 6,042,944 357,857 29,463 40,019 38,618 72,688 205,168 $ 37,398,884 $ 11,620,179 763,585 2,962,607 1,608,487 1,727,227 1,584,438 - 4,966,506 - 46,705,425 39,653,265 13,559,743 - 2,485,256 57,404 6,187,799 766,910 281,317 139,813 2,714,089 22,329,648 $ 10,021,017 810,151 225,632 490,619 308,040 355,650 $ 997,684 $ 746,105 $ 4,124,777 1,390,963 1,914, 581 13,932,901 281,703 9,538 608,821 2,377,201 15,117 424,281 97,293 123,342 1,934,926 171,476 68,934 1,220,094 60,929 114,570 73,874 468,094 436,967 3,735,070 12,152 414,738 1,761,486 106,638 16,222 1,704,860 1,549,615 28,702 9,204 242,833 822,345 511,656 5,371,092 75,690 208,830 1,107,055 5,740 12,868 185,046 68,749 - 25,785 260,570 11,924 539,345 19,961 27,520 369,880 13,239 11,765 905,404 934,711 45,016 1,722,699 $ 54,091,318 32,477,442 1,894,589 6,299,452 4,200,796 3,700,314 2,509,541 9,606,581 167,867,389 28,069,266 4,341,326 306,743 7,987,193 3,168,383 765,998 1,152,113 5,864,516 70,146,688 135,529,669 39,653,265 22,329,648 $ 70,146,688 $ 135,529,669 $ 39,653,265 $ 22,329,648 18,128,565 17,865,109 $ 35,993,674 11,366,965 2,100,2 73 $ 13,467,238 $ 3,793,222 33,354,938 334,302,960 - 19,965,382 3,793,222 $ 33,354,938 $ 354,268,342 6 1009-1188665 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure® and Affiliates Notes to Consolidated Financial Statements March 31, 2010 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. The consolidated financial statements of the Organization include the activity of the Organization's International Headquarters, the Susan G. Komen for the Cure Advocacy Alliance (the Alliance), and 123 and 122 Affiliates in 2010 and 2009, respectively. 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 119 and 116 cities across the United States during 2010 and 2009, 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 local communities. The remaining 25% is used to fund breast cancer research and project grants on a national level. 1009-1188665 7 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 accompanying 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 Eastem Washington El Paso Elmira Florida Suncoast 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 Dakota 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 Southem 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 During fiscal year 2008, the Organization formed 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. 1009-1188665 8 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) 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. In 2009, the Organization was 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. The combination of the events is considered "The 3 -Day Series." NPT was the event manager for The 3 -Day 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. Fourteen events took place during 2009 with net proceeds of $54,600,000, and is included as a contribution in contributions, sponsorships, and race entry fees in the accompanying consolidated statements of activities. On January 1, 2010, the Organization assumed responsibility for managing the operations of the Breast Cancer 3 -Day 2010 Race Series. Beginning January 1, 2010, the revenues and expenses are included in the consolidated financial statements of the Organization for the operations directly related to the 2010 series. 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. 1009-1188665 9 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) Unrestricted net assets — board designated — Unrestricted net assets designated by the Board of Directors as restricted for mission expenditures. 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 may 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. The Organization prepares a Statement of Financial Position, Statement of Activities, and Statement of Cash Flows as the required financial statements for not-for-profit organizations. The statement of Functional Expenses for 2009 and 2010 is also included as a supplement to the required financial statements. 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, 2010 and 2009, were approximately $74,018,000 and $64,662,000, respectively, and primarily relate to local television, radio, and newspaper advertising for The Race Series and 3 -Day Series events. Contributed materials and equipment are reported as contributions in the accompanying 1009-1188665 10 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) consolidated financial statements at their estimated fair values 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. 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, 2010 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, 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 1009-1188665 Amounts Per Consolidated Financial Statements Value of In -Kind Contributed Goods and Services Net Without In -Kind $ 420,777,204 $ (19,881,851) 74,018,383 $ 346,758,821 (9,721,786) (10,160,065) 400,895,353 76,769,686 283,179,167 359,948,853 $ 40,946,500 $ 64,296,597 336,598,756 16,079,334 36,054,307 52,133,641 12,162,956 $ 60,690,352 247,124,860 307,815,212 28,783,544 79% 69% 80% $ 346,845,018 $ (19,965 382) 64,662,121 $ 282,182,897 (8,862,717) (11,102,665) 326,879,636 66,643,690 267,659,270 334,302,960 $ (7,423,324) $ 55,799,404 271,080,232 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% 11 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, which is comprised of computers, office equipment, furniture, fixtures, and leasehold improvements. As of March 31, 2010, accumulated amortization of intangible assets totaled approximately $1,788,000. 1009-1188665 12 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 (whichever is shorter) 5-7 years or the lease term Property and equipment and related accumulated depreciation and amortization are as follows: Equipment Furniture and fixtures Leasehold improvements Software Intangible assets Total property and equipment Accumulated depreciation and amo Net property and equipment Inventories 2010 2009 $ 5,399,805 2,609,973 1,021,924 3,918,977 3,540,912 16,491,591 zation (11,201,789) $ 5,289,802 $ 5,395,267 2,080,582 1,001,167 3,565,276 3,540,912 15,583,204 (9,660,867) $ 5,922,337 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 $878,000 and $1,179,000 in 2010 and 2009, respectively. 1009-1188665 13 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) 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. Advertising Expenses The Organization recorded advertising expense of approximately $60,200,000 and $54,100,000 for the years ended March 31, 2010 and 2009, respectively. The majority of advertising was contributed and is included in marketing and communications at International Headquarters. Other advertising costs are incurred as they relate to the 3 Day Series and other Race for the Cure events and are included with all advertising costs in the consolidated statements of functional expense. Advertising costs were previously expensed upon first showing and in 2010 were expensed over the duration of the advertising campaign. This change in accounting policy does not have a material impact on prior periods. 1009-1188665 14 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) 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. Recent Accounting Pronouncements The Organization defines subsequent events as events or transactions that occur after the statement of financial position date, but before the financial statements are issued or available to be issued. Subsequent events are recognized in two categories: 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 disclosed. Management has evaluated subsequent events through November 18, 2010, which is the date the financial statements were available to be issued and no events have occurred from the balance sheet date that would impact the consolidated financial statements. 2. Investments Investments are recorded on 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. 1009-1188665 15 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) 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. At March 31, 2010 and 2009, 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 accompanying consolidated statements of financial position for these financial instruments approximate their fair values. The Organization incurred investment expenses of approximately $272,000 and $214,000 in fiscal years 2010 and 2009, respectively, which are included in professional fees in the accompanying consolidated statements of functional expenses. Investments at March 31, 2010 and 2009, were comprised of the following: Domestic common stock International common stock International equity fund Corporate bonds Fixed income funds Government bonds Certificates of deposit Total 3. Receivables 2010 2009 Cost Fair Value Cost Fair Value $ 44,469,571 8,578,930 8,000,000 21,529,077 23,315,339 12,498,409 $ 118,391,326 $ 45,229,264 9,059,411 6,812,139 22,682,467 25,151,334 12,498,409 $ 121,433,024 $ 42,449,588 6,980,992 8,000,000 18,883,497 17,734,508 114,653 19,288,032 $ 113,451,270 28,256,023 4,899,676 4,625,803 17,967,957 15,233,578 114,653 19,293,942 90,391,632 Net receivables were approximately $80,409,000 and $57,045,000 at March 31, 2010 and 2009, 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 (0.41% to 3.04% at March 31, 2010). The discount as of March 31, 2010 and 2009, was approximately $723,000 and $787,000, respectively. The allowance for doubtful accounts was approximately $1,730,000 and $480,000 as of March 31, 2010 and 2009, respectively. 1009-1188665 16 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) Future annual receivables, net as of March 31, 2010, are as follows: 2011 $ 64,282,031 2012 8,521,241 2013 4,867,759 2014 948,835 2015 917,982 Thereafter 871,061 Total $ 80,408,909 The Race Series receivables were approximately $35,793,000 and $27,381,000 at March 31, 2010 and 2009, respectively. These receivables primarily represent promises to give from national and local race sponsors who committed support prior to March 31. Unconditional promises to give by donors of approximately $44,616,000 and $22,017,133 at March 31, 2010 and 2009, 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 Series. The note was fully paid in June 2009. 1009-1188665 17 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure® and Affiliates Notes to Consolidated Financial Statements (continued) 4. Grants Payable As of March 31, 2010 and 2009, 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 in more than one year are discounted to their present values as of March 31, 2010, at rates ranging from 0.41% to 2.55%. The grants payable at March 31, 2010, are scheduled for payment in the following fiscal years: Year ending March 31: 2011 $ 187,837,889 2012 43,471,415 2013 30,600,900 2014 7,317,952 2015 1,417,222 Total grants payable 270,645,378 Less unamortized discount (2,060,078) Grants payable, net $ 268,585,300 The Organization generally funds its obligations under these arrangements from cash flow from operations and available cash and cash equivalent and investment balances. 5. Net Assets Temporarily restricted net assets as of March 31, 2010 and 2009, are categorized as follows: 2010 2009 Restricted for grants Time restrictions $ 3,442,979 $ 1,580,286 78,375,213 68,652,239 $ 81,818,192 $ 70,232,525 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. 1009-1188665 18 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure® and Affiliates Notes to Consolidated Financial Statements (continued) 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 includes fund-raising, and direct mail campaigns. The cost of conducting those joint activities was allocated as follows in fiscal 2010 and 2009: Research Public health education General and administrative Fund-raising 7. Leases 2010 2009 $ 729,612 $ 393,342 64,920,135 61,234,453 5,544,098 6,729,585 28,983,945 23,840,296 $ 100,177,790 $ 92,197,676 The Organization has operating lease agreements for office space and electrical costs. Total rent expense was approximately $5,700,000 and $4,200,000 for fiscal years 2010 and 2009, respectively. Future annual minimum lease payments due under noncancelable operating leases as of March 31, 2010, are as follows: 2011 2012 2013 2014 2015 Thereafter Total 8. Federal Income Taxes $ 3,079,382 2,826,068 2,682,029 2,096,924 1,306,328 4,750,231 $ 16,740,962 The Organization is a tax-exempt entity under Section 501(a) of the Internal Revenue Code (the Code) under a determination letter issued by the Internal Revenue Service (IRS). 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(a) of the Code. 1009-1188665 19 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure® and Affiliates Notes to Consolidated Financial Statements (continued) 8. Federal Income Taxes (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 unrelated business income for the years ended March 31, 2010 and 2009. 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(a) of the Code. Under Section 501(a), 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 described in Section 501(c)(4) of the Code under a determination letter issued by the IRS. The Organization is a nonprofit corporation and has been recognized as tax-exempt pursuant to Section 501(a) of the Code, as an entity described in Section 501(c)(3). The Organization is subject to federal and state income tax on any taxable income generated from unrelated business activities. Under a new accounting pronouncement, the Organization is subject to a recognition threshold and measurement attribute for financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return. The Organization adopted the provisions of this new pronouncement effective April 1, 2008. There were no uncertain tax positions recorded in the financial statements at March 31, 2010 or March 31, 2009. 9. 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 $855,000 and $614,000 for the years ended March 31, 2010 and 2009, respectively. 1009-1188665 20 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure® and Affiliates Notes to Consolidated Financial Statements (continued) 9. Retirement Plan (continued) The Organization has a non-qualified deferred compensation plan subject to the provisions of Section 457 of the Code (the 457 Plan). The 457 Plan is maintained primarily for certain members of management. Funding is at the discretion of the Board of Directors. In fiscal year 2009, $10,000 was withdrawn. There were no amounts funded in 2009 or 2010. 1009-1188665 21 Supplemental Schedules 1009-1188665 Affiliate Name Aeadiana Arkansas Aspen Austin Baton Rouge Bayou Region Boise Brainerd Lakes Central Florida Central Georgia Central MS Steel Magnolias Central New Mexico Central New York Central Oklahoma Central & South Jersey Central Texas Central Valley Central Wisconsin Charlotte Chattanooga Chicagoland Area Coastal Georgia Coeur d' Alene Colorado Springs 22 The Susan G. Komen Breast Cancer Foundation, Inc. dba Susan G. Komen for the Cure® and Affiliates Consolidating Statement of Financial Position by Affiliate March 31, 2010 Cash and Cash Equivalents Investments Receivables, Net Prepaid Expenses and Other Assets Property and Equipment, Net Total Assets $ 627,532 $ 270,385 573,574 2,004,758 744,848 220,850 305,476 186,789 1,053,794 318,937 373,293 368,760 812,081 1,039,863 2,398,206 388,087 621,941 176,600 970,988 339,551 908,179 218,284 255,373 795,161 $ 23,025 $ 912 $ 798,190 55,406 463 1 9,164 8,401 65,525 58,753 37,795 232,110 204,951 7,727 7,639 6,964 73,709 749 10,937 2,424 162,098 1,198 20,356 1,547 68,950 2,065 60,311 - 115,309 7,115 419,467 1,574 24,520 3,939 44,761 - 97,816 2,520 15,601 5,683 734,801 - 59,854 4,059 7,780 3,997 22,524 11,223 740,604 1,240,000 20,073 $ 651,469 5,669 1,130,113 591,140 1,425 2,071,708 803,601 258,645 751,024 203,220 1,145, 501 332,298 536,589 391,820 885,952 1,102,044 2,534,162 809,128 650,400 221,361 1,753 1,813,681 360,835 678 2,883,658 282,197 287,223 828,908 760 1,828 17,249 1,157 2,856 1,870 13,532 1009-1188665 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, 2010 Affiliate Name Columbus Connecticut Denver Metropolitan Dallas County Des Moines Eastern Washington Elmira El Paso Florida Suncoast 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 23 Cash and Cash Equivalents Investments Receivables, Net Prepaid Expenses and Other Assets Property and Equipment, Net Total Assets $ 2,489,773 $ 1,428,847 3,969,224 1,911,413 964,710 545,835 166,735 705,032 1,472,747 296,548 433,077 3,329,638 1,265,391 782,277 1,173,031 680,216 610,734 6,150,700 781,494 364,253 443,284 4,126,037 1,985,439 814,210 784,259 1,000,000 $ 389,938 245,937 1,660,904 258,054 295,375 203,009 132,356 61,605 139,884 500,572 166,777 300,921 57,124 10,960 796,953 49,449 129,537 133,773 241,004 443,000 55,267 155,927 184,009 60,774 23,123 617,147 163,498 507,351 758,098 116,657 55,151 $ 1,000 17,532 18,673 7,935 1,999 3,117 548 $ 5,227 $ 2,885,938 1,692,316 14,066 6,447,126 3,309 3,180,711 5,603 1,267,687 884,317 829 229,717 1,330 846,246 2,217 - 2,142,313 2,151 1,452 658,196 5,053 453 449,543 3,941 8,040 4,138,572 1,783 1,316,623 1,229 913,043 2,000 505 1,309,309 2,305 923,525 472 1,116, 897 33,649 6,544,565 1,938 969,466 425,027 1,899 468,306 5,122 4,911, 804 1,425 3,252,313 1,587 2,004 989,609 7,424 204,289 2,025 1009-1188665 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, 2010 Affiliate Name 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 24 Cash and Cash Equivalents Investments Receivables, Net Prepaid Expenses and Other Assets Property and Equipment, Net Total Assets $ 747,513 1,433,014 678,802 1,015,109 889,576 571,250 535,068 820,271 502,200 2,500,013 1,151,558 225,643 994,769 1,974,269 1,164,376 120,073 2,545,419 2,368,003 309,999 146,005 967,855 1,693,083 955,496 757,023 $ 53,256 15,102 101,996 311,992 250,000 851,038 286,342 103,865 47,381 65,702 3,293 $ 27,990 573,351 37,433 733,864 32,949 72,059 65,077 421,903 46,679 581,583 181,404 6,883 37,379 127,594 83,343 28,703 1,355,239 745,101 54,077 10,459 343,158 1,094,487 48,567 14,555 $ $ 2,875 $ 831,634 425 2,006,790 14,786 1,124 732,145 18,270 1,316 1,783,661 10,953 1,407 1,036,881 4,493 809 960,603 13,184 5,265 618,594 1,492,174 903 549,782 4,454 3,937,088 6,299 4,208 1,629,811 232,526 250 1 1,032,399 4,425 10,079 2,116,367 8,575 800 1,257,094 2,571 255,212 562 1,353 3,902,573 3,113,104 232 215 411,904 756 222,922 350 31,525 1,342,888 5,086 16,006 2,811,955 3,416 28,084 1,035,563 451 2,229 774,258 1009-1188665 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, 2010 Affiliate Name North Central Alabama North Colorado North Dakota North Florida North Jersey North Mississippi North Texas Northeast Louisiana Northeastern New York Northern Indiana Northern Nevada Northeast Ohio Northeast Pennsylvania Northwest Ohio Orange County Oregon & SW Washington Ozark Peoria Memorial Philadelphia Phoenix Pittsburgh Puget Sound Quad Cities Sacramento Valley 25 Cash and Cash Equivalents Investments Receivables, Net Prepaid Expenses and Other Assets Property and Equipment, Net Total Assets $ 917,543 $ 153,066 363,264 2,123,110 189,443 1,076,304 239,139 360,882 275,910 486,705 1,994,017 608,325 564,038 2,572,809 2,307,207 1,174,319 882,280 5,022,605 2,638,832 2,349,676 1,293,880 333,953 1,753,593 $ 39,412 $ 6,962 37,660 1,143,102 5,571 97,386 567,936 1,462 22,618 49,005 26,286 251,051 222,151 27,376 401,235 164,272 639,976 516,774 2,315,697 205,765 549,767 645,635 377,300 2,239,295 152,579 50,210 568,048 2,560,187 827,771 287,704 840,306 $ 500 12,176 25,044 23,401 1,349 21,451 828 948 750 200 888 31,734 1 2,100 16,835 119 18,086 5,121 28,059 19,461 2,538 2,222 4,592 1,025 2,259 36,422 18,465 2,429 40,920 655 25,168 59,257 96 - 503 852 $ 957,455 160,028 413,100 3,314,657 196,363 1,763,905 240,601 385,198 326,003 544,726 2,486,154 63 5, 820 1,129,545 3,235,992 5,187,198 1,934,611 1,910,832 7,300,581 2,812,305 3,009,509 4,766,263 621,753 2,595,254 1009-1188665 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, 2010 Affiliate Name 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 26 Cash and Cash Equivalents Investments Receivables, Net Prepaid Expenses and Other Assets Property and Equipment, Net Total Assets $ 985,502 $ 1,552,403 1,060,063 1,650,101 286,432 315,128 337,485 2,072,569 177,412 944,405 1,479,544 138,069 2,575,434 1,834,163 392,218 780,163 472,103 702,267 433,501 174,992 519,890 681,446 160,554 73,445 $ 82,142 $ 1,333 $ 1,256 $ 1,070,233 436,431 - 911 1,989,745 41,037 500 15,494 1,117, 094 251,886 80,925 14,753 8,700 2,006,365 14,446 1,061 301,939 78,587 7,138 400,853 20,772 17,628 605 376,490 300,000 209,905 6,296 23,893 2,612,663 37,537 54,113 - - 269,062 200,335 470,571 19,577 22,370 1,657,258 165,567 - 640 1,645,751 80,843 800 1,012 220,724 1,750,000 801,932 3,892 158 5,131,416 518,542 6,485 5,450 2,364,640 130,353 29,245 1,873 - 553,689 260,985 16,934 11,956 1,980 1,072,018 39,047 - 2,261 513,411 18,152 5,805 380 726,604 55,469 488,970 5,478 180,470 102,492 89,222 1,441 713,045 139,890 821,336 6,913 5,962 173,429 199,882 95,379 7,542 1,789 378,037 1009-1188665 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, 2010 Affiliate Name Western New York Wichita Falls Wyoming Headquarters Eliminations Consolidated 27 Cash and Cash Equivalents Investments Receivables, Net Prepaid Expenses and Other Assets Property and Equipment, Net Total Assets $ 668,260 $ 189,547 528,166 128,796, 504 17, 576,3 46 116,651,817 103,856,678 $ 241,705 6,995 10,752 30,270,472 71,963,196 (21,824,759) $ 827 162 $ 245,448,321 $ 121,433,024 $ 80,408,909 $ 784,213 4,665,438 5,449,651 $ 427 510,175 4,779,627 $ 910,792 196,704 539,345 177,937,710 301,916,756 (21,824,759) 5,289,802 $ 458,029,707 1009-1188665 Affiliate Name Aeadiana Arkansas Aspen Austin Baton Rouge Bayou Region Boise Brainerd Lakes Central Florida Central Georgia Central MS Steel Magnolias Central New Mexico Central New York Central Oklahoma Central & South Jersey Central Texas Central Valley Central Wisconsin Charlotte Chattanooga Chicagoland Area 28 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, 2010 Accounts Payable and Accrued Expenses Deferred Revenue Grants Payable Komen Payable Total Liabilities Total Total Liabilities Net Assets and Net Assets $ 20,473 $ 22,148 6,483 8,568 5,091 9,521 6,165 2,096 1,745 987 7,460 7,763 7,907 86,740 807 1,507 7,125 10,000 19,828 $ 364,735 589,065 2,380 37,443 999,474 357,681 214,950 47,190 212,507 125,000 824,800 149,419 19,165 297,229 200,000 39,791 398,432 699,397 3,100 1,435,665 28,628 137,500 402,140 101,366 825 1,139,587 197,486 1,385,475 $ 109,821 $ 11,038 23,466 111,844 13 8, 576 7,793 54,959 6,512 61,265 16,725 29,438 26,576 73,759 18,010 28,608 18,281 92,670 22,782 105,014 495,029 622,251 69,772 1,119,886 501,348 232,264 320,821 131,512 888,161 167,889 346,819 234,036 519,745 725,314 1,554,113 185,216 496,317 124,148 1,252,551 207,486 144,966 1,550,269 $ 156,440 507,862 521,368 951,822 302,253 26,381 430,203 71,708 257,340 164,409 189,770 157,784 366,207 376,730 980,049 623,912 154,083 97,213 561,130 153,349 1,333,389 $ 651,469 1,130,113 591,140 2,071,708 803,601 258,645 751,024 203,220 1,145, 501 332,298 536,589 391,820 885,952 1,102,044 2,534,162 809,128 650,400 221,361 1,813,681 360,835 2,883,658 1009-1188665 Affiliate Name Coastal Georgia Coeur d' Alene Colorado Springs Columbus Connecticut Dallas County Denver Metropolitan Des Moines Eastern Washington Elmira El Paso Florida Suncoast Grand Rapids Greater Amarillo Greater Atlanta Greater Cincinnati Greater Evansville Greater Kansas City Greater Lansing Greater Nashville Greater New York C_ 29 ty 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, 2010 Accounts Payable and Accrued Expenses 263 5,051 23,794 7,528 40,913 97,427 1,849 6,295 2,833 5,573 4,703 76,215 5,137 35,026 11,909 5,501 30,523 14,352 16,082 42,922 Deferred Revenue Grants Payable Komen Payable Total Liabilities Total Total Liabilities Net Assets and Net Assets $ 26,399 $ 112,504 2,892 625,307 177,539 1,455,765 14,890 1,031,148 1,849,726 2,843,566 718,189 94,707 428,055 2,205 65,112 390,000 1,698 1,159,950 339,100 308,811 75,745 2,301,873 591,738 150 476,415 5,725 844,249 34,897 153,695 672,394 55,830 3,142,500 $ 28,687 $ 10,854 31,367 126,906 83,864 378,026 137,532 27,202 66,839 15,419 127,205 126,374 22,310 13,051 436,459 210,717 21,600 34,168 210,511 9,811 120,507 167,590 14,009 661,725 1,784,004 1,137,430 2,268,665 3,078,525 747,240 595,896 85,569 522,778 1,292,725 437,625 326,999 2,849,103 814,364 503,666 914,665 413,455 698,287 3,361,759 $ 114,607 273,214 167,183 1,101,934 554,886 912,046 3,368,601 520,447 288,421 144,148 323,468 849,588 220,571 122,544 1,289,469 502,259 409,377 394,644 510,070 418,610 3,182,806 $ 282,197 287,223 828,908 2,885,938 1,692,316 3,180,711 6,447,126 1,267,687 884,317 229,717 846,246 2,142,313 658,196 449,543 4,138,572 1,316,623 913,043 1,309,309 923,525 1,116,897 6,544,565 1009-1188665 Affiliate Name 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 30 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, 2010 Accounts Payable and Accrued Expenses $ 5,610 425 2,067 34,805 64,247 6,002 21,993 16,415 1,631 75,997 4,857 8,698 8,843 7,064 29,672 28,493 27,484 10,216 4,107 10,741 Deferred Revenue $ 60,525 49,545 Grants Payable Komen Payable Total Liabilities Total Total Liabilities Net Assets and Net Assets $ 306,383 140,115 280,506 3,524,447 656,331 1,219,941 519,850 513,838 69,401 652,000 528,645 316,000 617,974 295,210 350,544 24,070 613,034 258,856 5,430 2,107,796 11,100 900,746 98,089 851,358 973,762 904,841 $ 50,001 38,503 4,210 83,280 202,585 34,403 73,130 13,672 183,824 77,357 187,340 40,779 81,357 16,734 181,094 68,684 19,595 35,458 572,142 25,228 $ 422,519 228,588 286,783 3,642,532 2,143,104 560,255 53 5, 831 810,946 543,948 575,821 700,188 491,248 400,166 725,525 305,262 2,322,813 1,008,014 127,900 886,816 1,550,011 940,810 $ 546,947 196,439 181,523 1,269,272 1,109,209 429,354 295,803 1,195,844 188,197 1,207,840 336,693 469,355 218,428 766,649 244,520 1,614,275 621,797 104,626 145,583 566,356 316,284 $ 969,466 425,027 468,306 4,911,804 3,252,313 989,609 831,634 2,006,790 732,145 1,783,661 1,036,881 960,603 618,594 1,492,174 549,782 3,937,088 1,629,811 232,526 1,032,399 2,116,367 1,257,094 1009-1188665 Affiliate Name Mid -Missouri Milwaukee Minnesota Montana NC Foothills NC Triad NC Triangle Nebraska New Orleans North Central Alabama North Colorado North Dakota North Florida North Jersey North Mississippi North Texas Northeast Louisiana Northeast Ohio Northeast Pennsylvania Northeastern New York Northern Indiana 31 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, 2010 Accounts Payable and Accrued Expenses Deferred Grants Revenue Payable Komen Payable Total Liabilities Total Total Liabilities Net Assets and Net Assets $ $ 44,842 23,655 5,653 146 8,588 16,040 14,628 6,102 11,640 10,851 32,215 666 3,814 368 62,614 16,651 1,332 801 1,075 $ 80,997 698,848 20,165 1,699,190 3,510 109,787 150,000 68,345 560,234 67,672 1,180,000 485,636 514,177 549,995 289,954 106,025 968,707 89,000 25,942 807,500 214,385 1,582,373 399,330 266,889 14,722 172,684 $ 27,000 $ 29,698 117,701 9,856 5,295 66,431 69,823 62,823 5,210 11,530 3,710 30,138 109,269 46,829 85,824 18,341 184,324 44,105 11,358 44,106 109,072 773,388 1,860,711 128,806 155,441 703,598 1,333,535 563,087 525,489 573,165 3,710 330,943 1,216,216 136,495 923,080 233,094 1,829,311 460,086 279,579 232,313 $ 146,140 3,129,185 1,252,393 283,098 67,481 639,290 1,478,420 472,476 248,769 384,290 156,318 82,157 2,098,441 59,868 840,825 7,507 656,843 175,734 105,619 93,690 $ 255,212 3,902,573 3,113,104 411,904 222,922 1,342,888 2,811,955 1,035,563 774,258 957,455 160,028 413,100 3,314,657 196,363 1,763,905 240,601 2,486,154 63 5, 820 385,198 326,003 1009-1188665 Affiliate Name 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 Southeast Iowa Southern Arizona 32 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, 2010 Accounts Payable and Accrued Expenses Deferred Revenue Grants Payable Komen Payable Total Liabilities Total Total Liabilities Net Assets and Net Assets $ (1) $ - 21,967 - 71,858 49,630 81,803 17,500 140,654 7,710 65,862 45,647 195,023 21,151 - 9,731 142,090 99,187 48,323 499 347 16,604 74,165 1,437 40,611 8,486 299,989 15,125 8,536 3,715 1,509 7,582 9,453 245,971 $ 377,590 479,534 960,970 1,046,532 722,672 844,504 2,020,777 1,752,685 1,075,747 2,200,002 192,635 904,066 591,431 849,999 540,000 942,569 189,486 217,941 248,046 147,081 287,314 $ 15,212 24,787 63,809 34,555 109,093 101,140 126,948 79,674 182,396 294,712 26,696 109,648 109,392 74,857 44,954 51,925 5,156 7,262 17,063 6,555 121,769 $ 392,801 526,288 1,146,267 1,162, 890 989,919 1,019,216 2,388,395 1,853,510 1,409,964 2,642,224 220,177 1,104,483 742,871 1,233,331 600,079 1,003,030 198,357 234,294 265,109 153,636 664,507 $ 151,925 603,257 2,089,725 4,024,308 944,692 891,616 4,912,186 958,795 1,599,545 2,124,039 401,576 1,490,771 327,362 756,414 517,015 1,003,335 103,582 166,559 111,381 115,426 992,751 $ 544,726 1,129,545 3,235,992 5,187,198 1,934,611 1,910,832 7,300,581 2,812,305 3,009,509 4,766,263 621,753 2,595,254 1,070,233 1,989,745 1,117,094 2,006,365 301,939 400,853 376,490 269,062 1,657,258 1009-1188665 Affiliate Name South Florida 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 Headquarters Eliminations Consolidated 33 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, 2010 Accounts Payable and Accrued Expenses Deferred Revenue Grants Payable Komen Payable Total Liabilities Total Net Assets Total Liabilities and Net Assets $ 31,935 $ 58,596 9,985 35,249 15,266 2,565 6,881 4,490 6,741 827 345 7,913 6,271 6,093 10,454 4,463 1,946,274 18,186,318 7,361 59,191 140,628 $ 1,359,440 844,254 3,121,745 747,500 406,753 601,807 355,083 447,730 14,165 272,250 94,273 335,000 15,000 557,866 100,000 5,415 232,464 31,999 387,535 147,927 393,820 83,572,989 185,012,311 360 3,399,088 2,681,525 $ 394,043 329,835 30,930 320,863 247,854 11,519 169,669 13,623 58 46,389 1,755 51,908 52,880 6,949 25,437 34,079 12,511 14,859 9,687,023 12,137,736 (21,824,759) $ 1,785,418 1,232,685 48,276 3,537,048 1,151,248 420,837 778,357 373,196 454,529 333,631 96,373 394,821 $ 20,132,592 $ 6,080,613 $268,585,300 $ 632,017 106,949 269,409 464,067 160,438 413,502 98,605,374 218,017,890 (21,824,759) $ 294,798,505 $ 163,231,202 $ 827,245 413,066 172,448 1,594,368 1,213,392 132,852 293,661 140,215 272,075 155,339 84,097 318,224 189,319 66,480 108,628 446,725 36,266 125,843 79,332,336 83,898,866 $ 2,612,663 1,645,751 220,724 5,131,416 2,364,640 553,689 1,072,018 513,411 726,604 488,970 180,470 713,045 821,336 173,429 378,037 910,792 196,704 539,345 177,937,710 301,916,756 (21,824,759) $ 458,029,707 1009-1188665 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, 2010 Affiliate Contributions Race for the Cure Direct Benefits Interest, Other Dividends, Fundraising Gains Other Total Net Revenue 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 34 $ 121,295 367,917 751,195 590,050 184,752 112,095 171,481 86,309 1,122,941 530,120 114,280 185,868 228,684 440,218 418,976 327,210 148,679 136,815 781,120 95,420 1,404,525 110,500 89,465 $ 646,348 2,743,214 251,720 3,210,076 681,642 132,029 909,740 129,220 1,770,165 958,986 332,079 294,729 466,744 724,654 1,209,179 467,327 465,931 41,816 1,722,601 571,195 1,592,727 261,248 137,710 $ 38,023 304,440 39,381 319,978 8,122 8,334 154,783 12,666 187,067 84,585 42,816 6,286 10,447 54,435 151,597 69,403 29,295 7,205 124,950 59,909 112,036 18,341 17,088 $ 4,000 $ 5,200 6,200 5,200 5,200 5,200 4,000 4,000 5,200 9,110 5,000 5,200 6,200 1,200 5,200 5,200 5,200 5,200 6,200 4,000 5,200 6,200 5,200 5,596 17,456 10,211 654 1,077 153 9,179 141 16,424 6,904 3,907 169 2,331 851 5,908 3,008 2,704 1,792 13,042 707 23,106 4,555 1,519 $ 10,733 57,354 3,431 6,755 667 5,786 1,247 11,274 1,048 3,574 2,178 788 12,525 442 3,458 6,795 20 12,013 15,277 2,118 4,521 $ 749,949 2,886,701 983,376 3,486,002 871,304 241,810 945,403 208,251 2,738,937 1,421,583 416,024 481,858 694,300 1,125,013 1,488,108 736,800 600,014 178,438 2,410,026 626,690 2,915,640 364,162 221,327 1009-1188665 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, 2010 Affiliate Contributions Race for the Cure Direct Benefits Other Fundraising Interest, Dividends, Gains Colorado Springs Columbus Connecticut Dallas County Denver Metropolitan Des Moines Eastern Washington El Paso Elmira Florida Suncoast 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 35 $ 234,391 582,333 860,365 655,243 1,535,179 555,346 185,220 312,602 95,094 1,077,997 228,310 189,615 1,720,972 629,239 323,484 512,463 346,767 438,349 1,744,490 473,188 144,022 113,865 1,494,208 $ 721,471 $ 2,734,555 1,297,010 3,771,373 8,059,873 1,392,069 575,412 886,577 129,795 1,234,587 605,615 383,882 1,916,758 1,296,120 1,496,163 1,554,743 635,168 1,525,184 8,715,930 965,227 174,370 561,645 5,637,331 113,943 $ 2,200 $ 270,103 8,300 128,578 5,200 269,553 12,200 613,453 7,700 121,540 6,200 63,291 5,200 54,283 5,200 3,252 5,200 146,460 5,200 58,134 5,709 29,268 4,000 116,591 5,200 151,506 2,200 141,835 5,200 114,527 7,185 33,482 5,200 144,612 5,200 755,023 7,700 105,250 5,200 3,782 6,200 80,875 9,200 492,282 5,200 3,890 18,045 1,028 12,215 116,270 2,755 5,555 1,770 1,458 6,355 6,275 1,421 1,513 12,104 10,699 15,205 5,554 8,509 7,150 2,124 511 2,229 14,233 Other $ 26,363 7,740 46,798 9,786 4,977 4,086 9,196 3,632 5 2,926 36 27,725 -4,226 15,485 2,534 38,278 Total Net Revenue $ 874,372 3,073,130 2,042,765 4,228,276 9,105,569 1,834,830 717,882 1,156,843 232,381 2,177,679 796,971 553,282 3,527,857 1,791,083 1,693,711 1,975,069 959,243 1,860,355 9,716,021 1,355,974 323,855 644,342 6,658,690 1009-1188665 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, 2010 Affiliate Contributions Race for the Cure Direct Benefits Interest, Other Dividends, Fundraising Gains Other Total Net Revenue 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 36 $ 732,195 369,612 322,993 406,105 449,513 1,036,188 484,145 359,556 339,252 382,484 322,052 1,318,216 1,128,335 153,323 240,311 606,370 305,228 171,192 2,374,172 820,425 130,583 93,496 277,715 $ 3,244,099 1,496,049 1,160,855 1,651,206 570,646 2,132,656 809,227 1,023,704 575,121 1,170,448 432,624 5,413,081 889,785 1,317,449 2,102,3 53 556,075 28,626 1,877,357 3,715,125 288,860 180,464 1,168,739 $ 342,491 $ 5,200 $ 123,250 5,200 109,020 6,000 121,900 5,200 88,839 7,200 184,210 5,200 141,619 6,200 86,213 1,200 32,778 5,200 109,508 5,200 42,237 9,250 231,773 5,200 23,942 5,200 5,950 5,200 115,471 4,000 57,056 5,200 52,885 1,200 3,157 5,200 104,969 5,200 325,530 5,200 30,702 6,200 8,730 5,000 84,244 6,200 16,504 $ 75 2,744 2,941 7,101 4,386 16,971 14,571 7,046 3,899 5,463 12,972 7,320 37,403 1,999 11,943 4,358 19,402 8,018 11,151 1,279 8,077 18,412 3,153 17,428 - 1,901 5 5,703 8,179 3,199 5 168 18,469 2,159 320 2,255 - 2,425 39,971 266 2,673 375 - 4,043 13,999 $ 3,655,582 1,753,296 1,392,315 1,972,153 949,465 3,008,269 1,202,676 1,312,189 910,555 1,467,793 731,045 6,526,289 2,016,806 154,479 1,460,171 2,660,071 828,255 204,340 4,154,015 4,257,616 397,880 270,605 1,386,452 1009-1188665 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, 2010 Affiliate Contributions Race for the Cure Direct Benefits Other Fundraising Interest, Dividends, Gains NC Triangle Nebraska New Orleans North Central Alabama North Colorado North Dakota 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 37 $ 513,563 379,317 323,606 319,083 161,087 490,506 1,599,238 105,176 415,182 76,031 1,017,959 369,594 171,350 132,858 158,760 418,031 1,760,384 1,132,555 591,973 480,990 2,137,426 974,808 $ 2,066,869 998,989 464,617 1,304,822 676,947 3,722,910 199,620 1,576,356 218,684 2,189,463 466,683 343,672 143,783 558,811 1,097,775 3,715,744 3,890,563 1,368,916 1,260,048 6,013,632 3,316,956 $ 221,862 94,826 46,356 65,014 54,221 259,943 5,921 190,553 23,268 224,174 94,137 27,091 7,695 61,425 107,037 325,425 282,576 117,431 170,790 626,899 132,137 $ 773,240 1,200 5,200 6,700 6,200 1,200 5,200 5,200 4,600 5,200 6,200 5,200 5,000 5,200 6,200 5,200 5,200 131,450 5,200 5,200 4,000 5,200 $ 14,161 2,632 911 6,546 11 126 4,425 1,645 805 5,994 12,008 3,173 4,329 231 3,826 9,997 28,360 11,666 12,259 15,828 4,583 200 Other $ 3,013 8,861 131 528 7,574 80,374 2,708 25,119 4,043 5,193 9,867 22,054 23,413 55,938 45,340 39,028 11,300 Total Net Revenue $ 3,148,984 1,296,173 748,109 1,572,665 11 167,413 1,126,431 5,149,424 307,588 1,836,698 276,647 3,001,456 754,556 502,453 284,244 688,226 1,447,379 5,184,263 4,939,596 1,860,917 1,636,616 7,571,770 4,176,327 1009-1188665 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, 2010 Affiliate Contributions Race for the Cure Direct Benefits Interest, Other Dividends, Fundraising Gains 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 38 $ 705,505 2,537,006 140,731 436,881 203,765 338,062 607,153 1,028,855 130,381 110,379 154,210 907,837 72,886 442,435 739,450 136,589 1,129,729 600,373 98,997 631,611 159,344 222,302 108,402 $ 3,072,608 2,299,597 540,680 2,592,558 780,130 2,073,067 1,462,829 1,256,736 475,762 324,501 353,707 2,413,929 120,644 1,511,667 1,229,638 340,229 4,386,340 2,012,459 563,659 1,067,804 504,051 1,075,322 417,738 $ 282,303 210,905 56,016 183,794 67,083 221,345 147,734 47,027 9,374 44,787 26,319 176,698 6,373 90,938 25,871 36,369 204,195 68,450 73,231 112,434 37,994 128,501 38,542 $ 5,200 $ 5,200 5,200 5,200 6,200 5,200 5,200 5,200 5,200 5,200 6,200 4,000 4,000 5,200 7,100 6,200 5,200 4,600 5,200 5,200 5,200 5,200 5,000 30,178 30,362 965 2,543 5,331 3,119 6,163 4,220 428 279 595 25,255 10,503 7,170 10,128 1,077 33,742 2,130 7,950 12,439 368 3,421 1,954 Other $ 20 12,505 19,101 5 5,952 5 1,693 51,405 2,868 6,197 89 7,599 4,652 4,236 15,580 27,507 501 10,369 3,349 Total Net Revenue $ 3,531,208 4,673,765 650,661 2,853,393 934,295 2,198,103 1,933,616 2,249,677 602,397 446,977 491,261 3,180,520 201,749 1,883,133 1,965,097 451,962 5,366,396 2,551,112 602,575 1,632,127 631,470 1,188,113 497,901 1009-1188665 Affiliate 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, 2010 Contributions Race for the Cure Direct Benefits Other Fundraising Interest, Dividends, Gains Other Total Net Revenue Upper Cumberland Upstate South Carolina Vermont -New Hampshire Wabash Valley West Virginia Western New York Wichita Falls Wyoming Headquarters Eliminations Total Revenue 39 $ 149,911 407,405 337,801 111,211 197,943 233,158 115,387 236,701 62,957,995 174,713,521 (34,503,943) $ 203,167,573 $ 91,115 $ 1,119,225 493,033 163,881 359,567 660,189 137,783 248,281 167,541,076 11,214,990 16,126 $ 6,200 38,745 2,125 66,173 30,864 42,148 27,272 14,024 31,571 14,001,271 5,880,580 $ 472 4,399 5,200 1,652 5,200 267 6,200 993 5,200 5,785 5,200 91 1,200 2,108 1,535,569 885,202 1,392,146 28,597,088 $ 178,756,066 $ 19,881,851 $ 2,927,715 $ 29,482,290 $ 2,185 $ 60 3,486 4,862 5,775 3,096 898 1,109,418 7,220,380 (1,886,238) $ 6,443,560 $ 233,757 1,494,469 774,999 254,557 528,330 877,060 247,533 457,617 220,027,989 217,257,545 (36,390,181) 400,895,353 1009-1188665 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, 2010 Program Services Affiliate 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 Grand Rapids Greater Amarillo Greater Atlanta Greater Cincinnati 1009-1188665 Research $ 109,734 415,624 131,526 478,657 13 8, 576 32,752 152,080 28,401 483,276 218,844 62,910 55,666 66,390 172,509 249,739 61,278 92,670 22,749 467,442 94,545 377,703 59,500 24,085 136,534 574,464 299,683 648,056 1,094,526 243,841 119,113 122,091 29,611 363,833 126,282 86,169 628,107 459,924 Public Health Education $ 245,198 924,412 192,124 1,693,334 161,837 78,425 352,486 90,288 1,506,193 360,689 122,182 209,369 277,704 432,472 677,643 63,866 361,527 41,580 548,623 272,996 1,485,413 192,554 30,223 286,228 1,077,593 1,028,059 1,095,339 2,493,447 457,725 286,904 616,562 71,625 440,661 288,191 159,682 800,267 446,463 Health Screening Services $ 170,528 1,073,943 31,883 253,604 154,194 83,675 319,518 5,000 534,720 630,563 158,904 112,542 53,375 123,076 319,109 177,944 11,067 76,279 716,100 182,319 516,623 86,157 11,000 272,340 937,733 413,701 893,182 1,423,065 670,295 162,476 63,767 44,128 967,431 149,204 143,590 1,764,947 329,496 Treatment Services $ 113,857 58,951 1,894 324,670 52,746 49,557 32,863 54,468 123,528 5,437 79,850 75,448 78,000 85,348 284,659 31,015 160,424 244,014 162,609 33,000 1,047,075 1,280,022 50,286 110,183 38,445 127,601 73,965 119,851 -71,653 203,112 Supporting Services Fund- raising $ 60,718 302,572 199,778 350,472 220,615 17,050 72,231 11,700 99,465 115,965 21,128 12,936 83,961 72,986 112,532 25,666 37,299 12,915 92,141 40,685 263,742 16,324 17,517 82,611 159,523 159,657 368,860 1,033,709 118,154 27,115 106,786 4,999 131,294 58,664 28,926 202,182 110,811 General and Administrative Employee Cost $ 7,659 109,954 41,863 103,676 9,909 1,628 36,787 443 208,683 37,009 5,661 20,134 56,632 101,859 49,373 12,544 37,810 7,336 104,616 5,501 312,607 6,983 9,096 20,074 78,068 124,802 31,928 92,026 27,110 35,724 22,622 416 83,231 46,771 7,845 227,886 117,036 Occu pan cy $ 7,988 1,494 6,577 21,752 7,072 1,205 8,159 3,143 47,807 13,376 7,080 29,793 14,955 9,701 16,395 21,238 3,146 608 24,259 4,695 47,077 11,425 1,839 17,442 14,835 6,582 26,784 13,009 24,027 9,018 13,041 1,071 9,500 6,812 28,038 55,238 20,223 Postage and Shipping $ 2,670 1,307 1,392 1,573 125 428 120 2,686 667 355 279 887 8,927 1,749 532 1,592 313 1,658 119 4,121 167 120 485 5,969 2,017 636 1,864 1,811 267 334 805 372 746 98 2,962 423 Printing and Publication $ 3,792 844 7,190 -1,209 196 1,382 1,390 62 21,032 2,458 1,032 289 311 5,019 1,993 3,109 111 1,396 190 260 3,824 60 1,671 820 11,255 2,414 1,189 8,231 378 205 353 15,248 454 43 2,208 1,162 Professional Fees $ 5 3,776 8,538 12,278 7,078 2,100 957 193 21,355 20,906 1,536 5,836 2,160 566 3,752 215 2,887 4,853 82,106 240 3,751 4,495 33,841 9,000 41,793 753 4,534 11,875 950 7,716 87 114 9,859 573 Other $ 5,281 8,759 8,717 23,792 3,815 1,280 6,684 889 52,870 7,780 2,864 2,133 4,197 17,363 5,177 3,136 6,104 1,964 12,213 2,201 11,887 4,963 1,699 4,335 7,903 18,816 25,810 42,880 23,745 1,868 5,668 1,738 6,051 9,778 1,090 14,868 24,809 Total Expenses $ 727,430 2,901,636 631,482 3,262,599 756,163 269,054 983,583 194,707 2,978,087 1,531,785 387,553 444,677 644,098 1,021,520 1,434,276 451,065 636,889 165,140 2,254,788 639,189 3,265,527 378,373 97,250 1,068,634 3,034,447 2,122, 572 4,147,859 7,524,572 1,567,839 697,305 1,073,134 194,141 2,152,938 760,954 575,446 3,636,871 1,714,032 40 Affiliate 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 Loweountry (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 1009-1188665 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, 2010 Program Services Research $ 215,371 315,194 234,700 279,284 1,321,663 224,854 34,840 96,159 1,186,667 540,373 205,201 213,180 226,726 151,327 181,324 202,111 171,563 151,438 237,549 106,306 877,992 335,134 19,595 259,153 411,022 116,730 24,028 294,732 561,210 44,376 3 8, 879 189,704 421,346 235,386 136,011 236,070 20,225 Public Health Education $ 751,875 572,758 362,393 863,494 4,182,213 478,945 67,517 209,554 1,089,112 1,421,238 844,894 535,422 782,258 110,778 1,306,790 522,313 619,179 326,179 640,984 242,366 3,007,647 1,368,041 120,816 481,797 996,773 411,824 108,209 726,405 1,931,917 136,312 56,141 444,326 1,293,287 383,106 111,479 628,743 55,754 Health Screening Services $ 286,262 655,920 110,167 236,683 1,358,829 378,553 76,032 149,140 2,601,572 948,999 222,989 200,709 31,615 238,958 84,001 205,830 109,959 158,464 84,161 534,623 169,790 13,000 566,512 621,714 227,715 44,165 117,515 568,529 102,196 97,018 371,668 625,694 227,912 319,553 360,832 Treatment Services $ 87,002 123,256 76,244 104,603 1,237,230 44,240 43,073 776,499 19,742 334,426 96,264 326,114 476,251 153,981 163,589 48,414 92,481 119,669 55,839 784,171 68,652 102,142 50,000 40,803 36,724 253,187 Supporting Services 33,826 98,450 59,020 178,186 67,327 (10,000) Fund- raising $ 189,097 154,780 51,189 168,278 1,196,629 90,774 9,695 31,522 483,057 327,762 190,649 116,140 179,015 60,068 791,655 121,248 96,859 59,408 73,967 51,215 567,410 144,358 12,006 92,567 228,811 54,417 11,529 191,284 403,709 32,535 7,375 112,741 302,264 73,473 41,004 135,219 General and Administrative Employee Cost $ 53,979 55,110 69,405 100,221 205,763 65,325 18,893 30,636 268,426 141,601 71,730 82,173 58,269 83,538 237,578 61,737 21,213 52,530 46,285 74,089 208,943 49,035 1,928 24,696 42,560 59,091 2,780 6,965 54,830 20,553 1,963 80,634 131,627 96,044 13,254 48,592 Occu pan cy $ 7,731 8,830 24,511 19,636 48,950 9,479 8,690 22,010 48,046 37,979 21,470 13,915 14,111 22,929 103,615 13,487 35,410 55,101 15,579 12,294 27,655 16,437 1,167 1,363 14,028 40,341 3,337 17,802 5,269 3,025 8,952 62,842 46,035 27,706 9,850 8,457 43 Postage and Shipping $ 1,492 389 655 491 7,067 1,536 137 -445 5,021 963 297 734 1,534 463 1,502 416 394 1,185 919 665 1,235 438 559 257 490 584 30 685 2,164 169 465 92 3,259 300 261 501 Printing and Publication $ 18,909 81 1,986 784 3,301 3,626 110 2,021 9,896 2,248 207 1,422 5,404 840 6,746 283 709 4,627 1,103 631 709 1,823 275 9,808 338 179 1,701 138 1,291 1,535 179 223 Professional Fees $ 3,160 2,015 6,660 5,311 22,012 3,367 80 6,348 31,759 36,488 3,574 1,510 3,508 2,673 73,844 11,169 11,472 3,613 8,934 3,331 62,793 44,576 52 14,816 2,658 66,327 7,883 62 12,237 2,023 26,939 Other $ 4,182 1,016 5,964 8,796 41,960 7,643 6,853 2,347 17,916 32,344 2,227 6,632 7,188 17,181 16,784 2,896 10,436 11,769 8,872 5,909 8,236 7,680 219 7,160 12,063 6,381 9,804 17,717 1,592 3,161 22,787 10,850 27,490 14,195 4,145 6,327 Total Expenses $ 1,619,060 1,889,349 943,874 1,787,581 9,625,617 1,308,342 222,847 592,365 6,517,971 3,509,737 1,674,675 1,290,381 1,804,836 957,663 3,112,777 1,183,250 1,221,479 868,290 1,312,325 636,806 6,081,414 2,137,312 169,565 1,502,209 2,439,411 982,237 247,522 1,477,857 3,790,290 342,465 267,406 1,372,660 2,923,794 1,236,308 705,086 1,441,903 78 76,100 41 Affiliate North Dakota 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 1009-1188665 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, 2010 Program Services Research $ 3,710 177,991 453,897 46,156 219,154 33,385 575,934 106,426 73,524 24,247 110,736 231,219 789,097 567,870 259,548 283,631 949,287 550,828 523,170 754,712 91,756 380,111 173,433 256,872 283,370 363,169 58,414 44,121 69,181 486,322 17,202 261,502 319,205 71,145 1,027,324 411,788 81,463 Public Health Education Health Screening Services Treatment Services Supporting Services Fund- raising General and Administrative 466,692 2,193,702 73,490 512,931 91,905 1,603,926 381,260 323,325 165,789 207,710 558,204 1,563,482 1,968,605 419,373 392,328 2,270,636 1,453,006 1,437,998 1,746,446 248,287 927,425 580,932 821,522 732,751 873,906 24,461 116,616 243,628 1,366,586 56,223 738,296 671,468 137,384 702,485 696,554 163,732 300,566 252,604 138,929 231,275 68,333 553,343 136,706 35,453 21,150 128,165 259,214 910,151 792,214 199,920 524,170 1,361,950 545,960 796,853 1,051,534 347,860 312,521 115,883 413,467 339,591 140,548 174,585 63,484 89,033 661,962 9,432 134,457 351,709 92,119 2,013,833 882,659 370,359 12,823 349,179 15 450,696 105,244 70,491 44,528 86,451 182,604 111,742 664,635 103,964 382,372 109,341 885,354 201,638 471,925 213,583 58,200 374,533 80,804 429,176 98,805 52,674 211,726 105,904 243,020 234,508 706,902 500,378 4,253 163,073 729,333 9,737 143,426 13,940 153,455 61,148 38,149 15,153 41,872 115,937 502,279 799,660 221,723 63,356 676,022 372,769 286,857 532,240 64,040 192,997 87,925 233,725 123,365 103,648 281,260 32,479 36,547 362,011 14,175 194,071 136,173 26,480 193,116 155,237 44,455 Employee Cost $ 5,385 30,425 208,306 8,991 86,049 5,551 182,464 28,824 14,707 22,567 3,301 32,883 132,595 48,344 141,452 7,193 143,440 154,517 106,119 170,730 10,098 114,748 38,736 37,810 54,629 73,240 14,555 11,531 1,981 75,110 224 35,203 56,518 9,063 193,688 32,925 13,403 Occu pan cy $ 320 16,172 58,277 7,888 6,514 1,499 29,676 8,160 1,188 21,039 2,538 5,750 99,541 3,605 15,535 25,953 56,987 17,001 17,016 54,164 258 17,509 29,059 9,053 14,060 22,972 6,497 15,987 314 60,770 793 44,541 71,783 8,703 34,701 33,698 2,150 Postage and Shipping 194 4,665 631 178 314 7,769 412 794 839 1,885 1,373 1,586 569 1,001 122 2,199 5,562 3,972 1,172 136 243 1,173 708 2,682 1,332 213 199 144 42 174 1,303 1,699 532 2,179 206 152 Printing and Publication $ 1,250 561 6,972 1,112 299 30,789 4,470 724 3,448 553 749 7,594 966 2,928 369 126,245 22,303 4,944 24,481 124 2,312 1,672 761 6,011 1,391 212 950 69 152 421 1,786 6,383 3,355 77 30 Professional Fees 6,975 9,236 5,683 1,414 11,621 34,618 718 6,938 12,467 47,656 645 7,173 1,495 980 37,073 21,439 21,622 8,582 90 4,172 18,504 37,581 500 48 16,050 24,648 2,672 3,259 8,829 19,607 3,024 Other $ 430 6,155 26,502 4,143 9,466 3,868 32,126 6,052 3,607 1,368 6,428 7,435 12,094 2,614 10,887 -194 21,939 27,837 24,638 12,099 6,369 8,788 8,706 8,882 35,059 39,521 2,227 885 419 8,725 1,261 7,930 21,365 4,833 5,077 3,338 1,664 Total Expenses $ 11,095 1,181,627 4,292,673 295,663 1,662,215 335,959 3,204,100 803,949 535,999 362,769 692,730 1,336,973 4,730,710 4,289,056 1,661,912 1,407,764 5,609,685 4,072,210 3,424,644 4,841,125 768,928 2,178, 819 1,095,809 2,161, 505 1,690,826 2,086,484 562,924 385,105 510,040 3,258,054 205,388 1,663,416 1,869,473 365,471 4,902,267 2,719,884 681,661 42 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, 2010 Program Services Affiliate Tidewater Tri Cities Tulsa Tyler Upper Cumberland Upstate South Carolina Vermont -New Hampshire Wabash Valley West Virginia Western New York Wichita Falls Wyoming Eliminations Headquarters Total Consolidated 1009-1188665 Research $ 158,588 104,816 174,248 92,063 27,048 164,745 118,989 26,359 82,036 127,498 35,139 59,815 31,748,557 (31,576,228) $ 75,234,740 $ 75,407,069 Public Health Education $ 835,077 144,496 475,695 139,508 85,480 637,705 334,158 62,271 183,942 335,116 35,462 216,912 78,481,609 (4,395,677) $ 66,687,575 $ 140,773,507 Health Screening Services $ 244,965 285,411 308,952 229,857 37,137 212,258 119,593 83,500 198,944 170,011 147,927 23 5, 801 44,241,105 $ 2,619,717 $ 46,860,822 Treatment Services $ 130,357 11,000 2,500 105,324 10,000 45,990 42,253 46,928 Supporting Services 19,114,450 $ 1,023,319 $ 20,137,769 Fund- raising $ 271,294 38,988 77,936 -46,826 40,459 172,281 41,048 19,606 27,688 46,399 11,232 63,528 19,692,864 (8,864) $ 16,461,613 $ 36,145,613 General and Administrative Employee Cost $ 105,449 13,183 83,249 8,031 2,547 87,340 3,680 2,267 8,158 72,093 25,559 7,564,159 Occupancy $ 29,655 7,091 16,745 3,708 523 8,038 4,717 12,489 17,353 8,499 -30 2,855 2,327,800 $ 12,057,814 $ 19,621,973 $ 2,521,503 $ 4,849,303 Postage and Shipping $ 413 1,020 343 865 151 1,792 1,001 263 705 2,844 44 64 145,339 $ 96,016 $ 241,355 Printing and Publication $ 1,264 566 564 930 345 2,344 752 159 786 8,687 515 466,870 Professional Fees $ 5,625 900 6,820 7,208 2,224 2,240 12,049 2,264 185 90 6,660 1,213,456 $ 2,125,792 $ 2,592,662 $ 5,679,014 $ 6,892,470 Other 21,636 2,685 12,546 2,454 2,501 629 1,198 1,356 2,468 7,252 524 799 1,204,518 (409,412) 5,631,204 6,426,310 Total Expenses $ 1,804,323 599,156 1,157,098 448,798 200,915 1,289,372 742,509 220,534 568,255 820,742 230,298 659,436 206,200,727 (36,390,181) $ 190,138,307 $ 359,948,853 43 Ernst & Young LLP Assurance 1 Tax 1 Transactions 1 Advisory About Ernst & Young Ernst & Young is a global leader in assurance, tax, transaction and advisory services. Worldwide, our 144,000 people are united by our shared values and an unwavering commitment to quality. We make a difference by helping our people, our clients and our wider communities achieve their potential. www.ey.com Inland Empire Affiliate of Susan G Komen for the Cure Current Month Actuals Balance Sheet as of 2010-03-31 Assets Cash - Operating 1 Cash - Operating 8 Cash - Operating 9 Petty Cash 1 Cash & Short Term Investments Investments — Affiliates 1 Long Term Investments Prepaids & Deposits Receivables - Komen Receivables Current Month 128,036.48 473,589.40 212,271.95 250.71 814,148.54 116,656.99 116,656.99 0.00 40,403.15 40,403.15 Inventory (0.34) Net Inventory (0 34) Other Assets Other Assets 1,587 00 1,587.00 Equipment 16,248.36 Fixed Assets 16,248.36 Accum. Depr. - Equipment Accumulated Depreciation (13,443.14) (13,443.14) Total Assets 975,600.56 Liabilities and Net Assets Liabilities Accounts Payable 671.41 Accounts Payable 671.41 Payables - Komen 0.05 Other Payables 0.05 Grants Payable Grants Payable 519,850.00 519,850.00 Accrued Expenses 5,330.30 Other Liabilities 5,330.30 Total Liabilities 525,851.76 Net Assets Unrestricted 437,873.80 Page 1 Inland Empire Affiliate of Susan G Komen for the Cure Current Month Actuals Balance Sheet as of 2010-03-31 Current Month Temporarily Restricted 11,875.00 Permanently Restricted 0.00 Total Net Assets 449,748.80 Total Liabilities and Net Assets 975,600.56 Page 2 of Susan G Komen for the Cure Year -to -Date Actuals with Department Detail - No In -Kind Profit 8, Loss as of Arfiii Spcl Event/ Affiliate Race for Fundraising the Cure Income Contributions Income 4,603.90 726,673.18 Investment Income 0.00 0.00 Merchandise Income 304.56 13,232.90 Other income - _ o.bo 0.00 Total Income 4,908.46 739,906.08 Expense Salaries & Benefits Contract Labor / Professional Fees 0.00 13,305.74 0.00 31,511,70 Service Fees -_ --"'- 0.00 16724.25 ___ ...._ Travel Expense 0.00 -��- 178.29 Occupancy Expense 0.00 2,082.93 ___.. peen Hca Expense 0.000 7,299.. 20 Advertising Expanse 0.00 0.00 Egmpmentl Software 0.00 219.50 Event Expense 0.00 51,478.84 Grant Expense 0.00 0.00 Other Expenses 0.00 5,774.52 Tax RLlcense 0.00 0.00 Depreciation & Amortisation 0.00 0.00 Total Expense 0.00 131,169,98 Net Income 4,908.46 608,736.10 Expense Ratio 0.00% 17.735 Susan G. Komen for the Cure Inland Emire Affiliate Proposed Budget 2011 Rt Race for the Cure Income Proposed cash 2011 Targeted lnkind 39001 Sponsorships 220,000 920,000 40100 Event Fee Race Entry Fees 321,000 Race Pledges 250,000 40004 Merchandise 7,500 49019 Other Income Other Income Includes Expo Booths 875 Team T-shirt conpetition 750 Team Tailgate/Team Photo 3,000 Other Income- Other 1,700 Total Income 804,825 Expense 51000 Advertising 500 52010 Bank Charges -Credit Cards 12,100 Bank Charges -Other 200 53000 Entry Forms 5,000 53100 Race Bibs 3,000 53200 Race Course Production Balloons 3,000 City Permits 100 Display 600 T-shirts 1,000 Event Services -Fencing 9,000 Race Operations 25,000 10,000 Radios 350 Toilets 3,000 Allied Traffic 8,000 2,500 Equipment Rental 2,400 Trinity Tents 25,000 10,000 Aggreko 3,500 1,500 Registration Management 15,000 Supplies -Operations 500 Garry Rahill-Race Course 700 Entry Form Distribution 0 Race Marketing 15,000 Medals 1500 Total Race Course Production 132,950 High School Team Challenge 1,500 500 Pledge Prize Program 4,100 53400 Security 225 56200 Meeting Costs 500 60510 Gifts and Recognition 3,000 62015 Insurance 3,500 64010 Supplies- Pre Race 1,500 64520 Banners 500 500 65510 Postage & Delivery 1,500 66010 Printing/Graphics 500 65010 Photo&Video of Race 600 69010 Rent/Utilities (%) 2,305 70100 Salaries (%) 24,215 70200 Payroll Taxes (%) 2,421 70400 Employee Benefits (%) 1,855 74510 Telephone (%) 382 48,603 Total Expense $181,553 Net Income $623,272.00 In-kind Total 946,500 The Inland Empire Afffiliate of Susan G. Komen for the Cure 2010 - 2011 Event Report Notes: 1) This report should be received by Headquarters 90 Days after any Race and/or Affiliate Event with Gross Revenuc 2) Do not include In -Kind Contributions in this report. 3) Include all non -Event revenue and expenses in the Other Amount column (if not previously reported in current ye 4) Attach a copy of the Profit & Loss Statement from QuickBooks used to prepare report. 5) Check for 25% Payment must be submitted with this form 6) Entry Fee Reconciliation must be submitted with this form 7)Submitt sponsorship contracts > $10k with this report (includes cash and in-kind) REVENUE CATEGORIES Total Revenue Total Adjusted Revenue: EXPENSE CATEGORIES Total Affiliate G&A and Fund Raising Expenses Total Race Expenses Total Expenses: NET PROCEEDS TOTAL AMOUNT 929,769.87 EVENT OTHER AMOUNT AMOUNT .00050:4$ 189,863.79 $ 929,769.87 $ 739,906.08 $ 189,863.79 61,752.87 131,169.98 A$ 131,169.98 ip$eiistfteiiig,; 192,922 85 $ 131,169.98 $ 61,752.87 736,847.02 $ 608,736 10 $ 128,110.92 184,211.76 25% Due to National Research Program for current year $ 152,184.03 $ 32,027.73 Less: Amount Paid with Prior Event Report $ Balance Due $ 184,211 76 $ 152,184 03 $ 32,027.73 Total Expense Ratio 20.75% (Total Expenses divided by Total Revenue) 1/28/2011 The Inland Empire Affiliate of Susan G. Komen for the Cure 2010 Race Event Report Notes: 1) This form is used to reconcile the entry fees per the Affiliate's registration numbers to the Entry fee total per the General Ledger 2) The Entry Categories should tie to the Affiliate's pricing structure and can be changed to march the Affiliates specific entry fee levels 3) On the !eft hand side enter the number of participants at each dollar level - the form will calculate the totals, 4) The reconciliation percentage difference should be no more than 1%, 5) This form must be submitted with the 90 -Day Report Entry Fees per Participant Numbers Total Number of Dollar Entry EntryfeNCatQOONes Participants Amount Fees Adult ; Adult862722 Solon m 2 ` 527:00 43200 :%$16.110 .,.;420.00 5180,414 00 $67,232 00 $10.176.00 57136 00 $35,720.00 427.00 $15,14700 Steepin fafdre Cure 's7 29 5` $8,79000 50.00 5000 5000 $0 00 50 00 50.00 50.00 $0 00 50 00 50 00 5000 5000 TOTAL ENTRY FEES LESS. RETURNED CHECKS NET ENTRY FEE INCOME 12505 $168.00 $324,615.00 rt5408,00y $324.207.00 Entry Fees per General Ledger Account Title EVENT FEES TOTAL ENTRY FEES LESS: RETURNED CHECKS NET ENTRY FEE INCOME DIFFERENCE PERCENTAGE DIFFERENCE Total Balance 5327,234 01 5326,826.01 $2,619.01 19 of Susan G Komen for the Cure Year -to -Date Actuals vs Year -to -Date Budget by Class Prot 8 Loss as of IJt - General General Administration Administration YTD Actuals YTD Budget Variance $ Variance % Income Contributions - Corporate 40001 117,331 39 105,003.00 12,328.39 12%C1'. 16,261.57 Contributions 40003 000 500.00 (50000) -100% 0.00 Contributions -Matching 40005 1,370.20 0.00 1,370.20 100% 20000 Contributions - Individual 41001 25,116.17 20,003.00 5,113.17 26% 134,424.30 Contributions - Thin) Party 41010 12,44806 22,500.00 L0,05'i_94, -45%'. 0,00 Raffle Income 41210 385 00 0 00 385.00 100% 0.00 Entry Fees / Event Fees 41220 0.00 0.00 000 100% 327,234.01 Contributions -Memorials 41505 575.00 1,503.00 (928 00) -62% 0.00 Pledges 42000 0.00 000 000 100% '. 71,099.04 Royalty 42600 61.68 0.00 61.68 100% 0.00 Sponsorship 42701 0.00 0.00 0.00 100% 177,454.26 Inter Company Revenue 43500 4,500.00 000 4,500.00 100% 000 Contributions Income 161787.50 149,50900 12,27850 8.21% 726,673.18 Race YTD Actuals Interest Income Investment income Merchandise sales Merchandise Income Other Income Other income 49050 45004 49100 2,06357 1,87200 2,063.57 1,872_00 1,799.76 000 1,79976 0.00 0.00 000 000 000 19157 19157 10% 0.00 10.23% 0.00 1,799.76 100% 1,799.76 100 00 0.00 000 100% 100.00% Total Income 165,650.83 151,381.00 14,269.83 13,192.90 13,192.90 0.00 0.00 9.43% 739,866.08 Expense Salaries 70100 46,209.14 27,657.00 18,552.14 67% 10,412.14 Payroll taxes 70200 3,548.35 5,83200 (2283.593 -39%', 743.03 Insurance - health 70300 3,60038 0.00 3,600.38 100% 2,15057 Employee benefits 70400 0.00 1,710.00 (-,710.00) -1004 0.00 Salaries & Benefits 53,35787 35,19900 18,15887 5159% 13,30574 Contract labor 72070 0.00 171.00 (171,003 Contract Labor I Professional Fees 0.00 17100 (17100) -100% -100.00% 31,511 70 31,511 70 Bank fees 73000 266.96 0.00 266.96 100% 41.85 Credit Card Processing Fees 73020 278.38 0.00 278.38 100% 7,532.31 On -Line Donor Database Fees 73030 171.42 0.00 171.42 100% 11,150.10 Service Fees 716.76 000 716.76 1000054 18,724.26 Airfare 74050 0.00 0.00 0.00 100% 0.00 Lodging 74060 0.00 0.00 0.00 100% 0.00 Food/Entertainment - Travel 74070 0.00 0.00 0.00 100% 0.00 Other Travel and entertainment 74080 0.00 0.00 0.00 100% 176.29 __. 1111.. ___.. Travel Expense 0.00 0,00 0.00 100.00% 176.29 Rent 74010 2,203.20 2,358.00 ;154180) -7% 2,203.20 Utilities 74020 164.36 0.00 164.36 100% 164.34 Telephone & Internet Fees 74030 315.40 288.00 2740 10% 315.39 Facility Maintenance 74040 416100 0.00 1,161.00 100% 0.00 Occupancy Expense 3843.96 2,646.00 1,197.96 4527% 2,682.93 Food and beverage 74090 192.92 000 192.92 100% 15.69 Meeting costs 74100 0.00 0.00 0.00 100% 0.00 Professional Membership & Fees 74120 0.00 000 0.00 100% : 0.00 Publications and Subscriptions 74140 14.00 0.00 1400 100% 0.00 Printing 74180 254.26 819.00 (564.74) -69% 118.64 Photo and video 74190 0.00 0.00 0_00 100% - 600.00 Gifts and recognition 74210 180.75 0.00 180_75 100% 0.00 Supplies 74220 1,153.53 0.00 1,15353 100% 5,633.59 Postage and Delivery 74230 89.55 485.00 (50745) -82% 930.28 Other Expenses 74250 0.00 0.00 0.00 100% 0.00 1111.. _.. 1111. _ '. Office Expense 1,885.01 1,304.00 581.01 44.56% 7,298 20 Advertising74160 000 000 000 10054 b 0.00 1111.. Advertising Expense 0.00 0 00 0 00 l00.00% 0.00 Non Capital Computer Equip 75005 31.34 0.00 31 34 100% 31 33 Repairs & Maintenance 75020 46.00 0.00 46.00 100% 0.00 Equipment -Rental 75030 188.22 182.25 597 3% 188.17 System & Software Maint & Sery 75040 225.00 0.00 225.00 100% 0.00 _._ 1111.. 1111.. _1111 1111... 1111. 111.1. Equipment) Software 49056 182.25 30831 16917% 219.50 Badges/cards/entries 77000 0.00 0.00 0 00 100% : 0.00 Race bibs 77010 0.00 0.00 000 10054'- 2,641.00 Race course production 77020 0.00 0.00 0 00 100% 45,751.34 Trophies 77030 0.00 000 0.00 100%.: 1,906.34 Page 1 of Susan G Komen for the Cure Year -to -Date Actuals vs Year -to -Date Budget by Class Profit & Loss as of General General Administration Administration Race YTD Actuals YTD Budget Variance $ Variance % YTD Actuals T-shirts (RFTC) 77060 0.00 000 0.00 100% '. 96.60 Banners 77070 0.00 0.00 0.00 10054 8156 Other (RFTC) 77080 0.00 0.00 0.00 100% 1,000.00 Venue Expenses 77110 300.00 000 300.00 100% 0.00 Event Expense--'-- 300.00 0.00 300.00 10000% 51,476.64 Education materials 82000 ODD 000 000 100% 0.00 Grants Awarded - Education 83020 0.00 0.00 0.00 100% ' 0.00 Grants Rescinded... 85000 0.00 0.00 0.00 100% 0.00 Grant Expense 0.00 0.00 0.00 100.00% 0.00 Cost of Goods Sold - merchandi 56010 879.17 0.00 879.17 100% !. 5,774.52 Inter -Company Expense 57550 0.00 0.00 0.00 100% 0.00 Other Expenses 879.17 000 879.17 100.00% 5,774.52 Taxes 90100 86.00 0.00 8600 100% 0.00 Repute -tory Fees 90110 2000 000 2000 100% 0.00 Tax & License 10600 000 106.00 10000% 000 Depreciation & Amortization 0.00 0.00 0.00 100.00 % 000 Total Expense 61,57933 39,502.25 22,077.06 55.89% (. 131,169.98 Net Income 104,07150 878 75 (7.007 253 -6_98% 608,696.10 Page 2 of Susan G Komen for the Cure Year -to -Date Actuals vs Year -to -Date Budget by Profit (4 Loss as of Race Special Events Special Events YTD Budget :>. Variance $ Variance % YTD Actuals YTD Budget Income Contributions - Corporate 40001 0.00 16,261.57 100% 1,613.90 000 Contributions 40003 0.00 0.00 100% 0.00 000 Contributions -Matching 40005 000 20000 100% 0.00 000 Contributions - Individual 41001 0.00 134,424.30 100% 100 00 0.00 Contributions - Third Party 41010 ` 0.00 0.00 100% 0.00 0.00 Raffle Income 41210 0.00 000 100% 0.00 0.00 Entry Fees / Event Fees 41220 292,000.00 35,234.01 12% 2,890 00 000 Contributions -Memorials 41505 0.00 0.00 100% 0.00 0.00 Pledges 42000 235,000.00 00 5f3, -70% 000 0.00 Royalty 42600 0.00 000 100% 0.00 000 Sponsorship 42701 959,324.00 (761,300'4': -82% 0.00 17,75000 Inter -Company Revenue 43500' 0.00 0.00 100% 000 0.00 __.._. Contributions Income 7,486,324.00 J ', � , 82i 51 11% 4,603.90 17,750.00 Interest Income 49050 0.00 0.00 100% 0.00 000 Investment Income 000 0.00 100.00% 000 0.00 Merchandise sales 45004 2,700 00 10,492.90 389% 304.56 000 Merchandise Income 2,700.00 10,492.90 388.63% 304.56 0.00 Other Income 49100 6,450.00 (e 450 00 -100% 0.00 0.00 Other income 6,450.00 (64S!'iH7; 10000% 0.00 0.00 Total Income 1,495,474.00 (75'507.-2i -50.53% 4,908.46 17,750.00 Expense Salaries Payroll taxes Insurance - health Employee benefits Salaries 8 Benefits Contract labor Contract Labor / Professional Fees 70100 19,350.00 (8037.85) -46% 0.00 000 70200 3,240.00 12,49257) -77% 0.00 0.00 70300 000 2,150.57 100% 0.00 000 70400 1,710.00 (,71 0 05; -100% 0.00 0-00 24,30000 (10,59425) -4524% 000 0.00 72070 - 225.50 31,286.20 13874% 000 0.00 225_50 31,286.20 13874.15% 0.00 0.00 Bank fees 73000 201.00 (115255) -79% 0.00 0.00 Credit Card Processing Fees 73020 0.00 7,532.31 100% 000 0.00 On Line Donor Database Fees 73030 12,100.00 -8% 0.00 0.00 Service Fees 12,301.00 6,423.26 52.22% 0.00 0.00 Airfare Lodging Food/Entertainment - Travel Other Travel and entertainment Travel Expense 74050 0.00 0.00 100% 0.00 0.00 74060 0.00 0.00 100% 0.00 0.00 74070 0.00 0.00 100% 0.00 0.00 74080 0.00 176.29 100%0.00 0.00 .... 0.00 77629 70000% 0.00 0.00 Rent 74010 2,358.00 154.80) -7% 0.00 Utilities 74020 0.00 16434 100% 0.00 Telephone & Internet Fees 74030 288.00 27_39 10% 0.00 Facility Maintenance 74040 0.00 0.00 100% 0.00 Occupancy Expense 2,646.00 36.93 1.40% 0.00 0.00 0.00 0 00 0.00 0.00 Food and beverage 74090 0.00 15.69 100% 0.00 0,00 Meeting costs 74100 500.00 itf_.00) -100% 0.00 0.00 Professional Membership 8 Fees 74120 0_00 - 0.00 100% 000 0.00 Publications and Subscriptions 74140 0.00 000 100% 0.00 0.00 Printing 74180 450.00 (33136) -74% 0.00 0.00 Photo and video 74190 60000 0.00 0% 0.00 0.00 Gifts and recognition 74210 2,500.00 2. 5;00.00'. -100% 0.00 0.00 Supplies 74220 1,50000 4,133.59 276% 0.00 000 Postage and Delivery 74230 1,500.00 ;5x;9./2) -38% 0.00 0.00 Other Expenses 74250 0.00 0.00 100% 0.00 0.00 _... Office Expense 7,050.00 248.20 352% 000 0.00 Advertising 500.00 ( 00..00; -100% 0.00 0.00 __.. Advertising Expense 50000 i5G(50C L\; -10000% 0.00 0.000 Non Capital Computer Equip 75005 000 3133 100% 0.00 0.00 Repairs & Maintenance 75020 0.00 0.00 100% 0.00 0.00 Equipment -Rental 75030 180.00 8.17 5% 0.00 0.00 System & Software Maint & Sery 75040 0.00 0.00 100% 0.00 000 Equipment /Software 18000 39.50 21.94% 0.00 0.00 Badges/cards/entries 77000 5,000.00 (5;000.00) -100% 0.00 0.00 Race bibs 77010 3,000.00 (355.00) -12% 0.00 0.00 Race course production 77020 99,878.00 X4,1-2556) -54% 0.00 0,00 Trophies 77030 0.00 1,90034 100% 0.00 0.00 Page 3 of Susan G Komen for the Cure Year -to -Date Actuals vs Year -to -Date Budget by Profit & Loss as of Race Special Events Special Events YTD Budget Variance $ Variance % YTD Actuals YTD Budget T-shirts (RFTC) 77060 0.00 9660 100% 0.00 0.00 Banners 77070 500.00 (918,44) -84% 000 0.00 Other(RFTC) 77080 0.00 1,000.00 100% 0.00 0.00 Venue E EAtenses 77110 0.00 0.00 100% 0.00 0.00 _.. _.. ........ Event Expense 108,378.00 {55;)01.1 ri -52.50% 0.00 000 Education materials 82000 0.00 0.00 100% 0.00 0.00 Grants Awarded - Education 83020 0.00 0.00 100% 0.00 0.00 Grants Rescinded 85000 0.00 000 100% 0.00 0.00 Grant Expense 0.00 0.00 100.00% 0.00 0.00 Cost of Goods Sold - merchandi 56010 0.00 5,774.52 100% 0.00 0.00 Inter -Company Expense 57550 0.00 0.00 100% 0.00 0.00 Other Expenses 0.00 5.7I452 1000086 0.00 0.00 Taxes 90100 0.00 0.00 100% 0.00 0.00 Regulatory Fees 90110 0.00 0.00 100 % 0.00 0.00 Tax & License 0_00 0.00 100.00% 0.00 000 Depreciation & Amortization 0.00 0.00 100.00% 000 0,00 Total Expense 155,580.50 (2-°.,418,52) -15.6995 0.00 0.00 Net Income 1,339,893.50 (791,19740) -54.5795 4,908.46 17,750.00 Page 4 Inland Empire Affiliate of Susan G Komen for the Cure Current Month Actuals Balance Sheet as of 2010-12-31 Assets Cash - Operating 2 Cash - Operating 5 Cash - Operating 8 Petty Cash 1 Cash & Short Term Investments Investments — Affiliates 1 Investments — Affiliates 2 Investments — Affiliates 3 Long Term Investments Current Month 717, 915.65 23,188.28 221,617.61 250.71 845,132.22 0.00 203, 048.72 1.19 320,889.94 Prepaids & Deposits 0.00 Receivables - Komen 0.22 Receivables 0.22 Inventory (0.34) Net Inventory (0.34) Other Assets Other Assets 1,587.00 1,587.00 Equipment 4,007.00 Fixed Assets 4,007.00 Accum. Depr. - Equipment (2,003.40) Accumulated Depreciation (2,003 40) Total Assets 1,169,612.64 Liabilities and Net Assets Liabilities Accounts Payable Accounts Payable Payables - Komen Other Payables Grants Payable ......_._...... Grants Payable 1,360.91 1,360.91 1,949.60 1,949.60 95,933.00 95,933.00 Other Liabilities 0.00 Total Liabilities 99,243.51 Net Assets Unrestricted 1, 057, 974.45 Page 1 Inland Empire Affiliate of Susan G Komen for the Cure Current Month Actuals Balance Sheet as of 2010-12-31 Current Month Temporarily Restricted 12,394.68 Permanently Restricted 0.00 Total Net Assets 1, 070, 369.13 Total Liabilities and Net Assets 1,169,612.64 Page 2 Item No. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: April 19, 2011 SUBJECT: Purchase of Four Honda Police Motorcycles PREPARED BY: Heidi Schrader, Senior Management Analyst RECOMMENDATION: That the City Council approve the purchase of four Honda Police Motorcycles for a total amount of $79,264. BACKGROUND: The Temecula Police Department is committed to obtaining the best technology in order to ensure Officer safety and to enhance enforcement. In fiscal year 2008, the Temecula Police Department performed a one year evaluation of brand new Harley Davidson, BMW and Honda Police motorcycles. Based on several criteria, the Honda police motorcycle came out as the preferred model. On August 12, 2010, a Request for Proposal was posted on the City of Temecula website and notification was e-mailed to local Honda dealers. The City received two qualified responses. Both bids included a trade in option for the four Harley Davidson motorcycles. Based on the final bid price, qualifications, and vendor proximity the winning bid was given to Callaway Motorsports. They provided four Police motorcycles and the City traded in four Harley Davidson motorcycles at the agreed price. Four police motorcycles have reached their limit of usefulness as police vehicles and are due to be replaced within this fiscal year. Although Callaway Motorsports has been purchased by Malcolm Smith Motorsports, the new owner wishes to honor the same purchase and trade in agreement. As the winning bid is still within a year, the City will utilize that bid to purchase the four motorcycles. FISCAL IMPACT: Adequate funds exist within the fiscal year 2010-11 Police Department budget to make this purchase in the amount of $79,264. ATTACHMENTS: Malcolm Smith Proposal to Provide Four (4) Honda Police Motorcycles. MOTORSPORTS "Choose The Legend!" INTEGRITY PRIDE EXCELLENCE City of Temecula 43200 Business Park Dr Temecula, Ca 92590 4/14/11 Proposal to Provice Four (4) Honda Police Motorcycles As per section V, Paragraph E, Sub Paragraph I, items 1 through 8 our reply is as follows: 1. Malcolm Smith Motorsports has been in business since 1968. 2. Contact name shall be Alexander Smith, Service Manager, Malcolm Smith Motorsports 951-687-1300 3. For references you may contact: a. City of Riverside Sgt. Phil Neglia 951-905-2923 4. Subcontracting will be to: a. Woodcrest Vehicle Center, Jack Kelley, 951-222-2270 b. City Body and Frame (paint), Don Feeley, 909-732-2232 5. Malcolm Smith Motorsports posses a CA Motor Vehicle Dealer License #29453 6. NA 7. Malcolm Smith Motorsports has not had any accidents in recent years and is currently in compliance with all CAL OSHA Laws and requirements. 8. NA Sub Paragraph ii: Malcolm Smith Motorsports expects to complete 4 Honda motorcycles as outline in the RFQ within 60 days from receipt of the Origional Purchase Order from the City of Temecula. Work is expected to be completed within 30 days. Sub Paragraph iii: See attached Exhibit A for pricing details. Tha you xander Smith Service Manager 7599 Indiana Ave, Riverside, CA 92504 (951) 687-1300 Temecula Police Department Scope of Specifications for 2010/2011 Honda Police Motorcycles EXHIBIT A Pricing Form All proposed motorcycles must meet the following detailed specifications at a minimum. The city is looking for a fully turnkey motorcycle with all items and accessories loaded prior to delivery. SHOULD THE MOTORCYCLE YOU ARE BIDDING DEVIATE IN ANY WAY FROM ANY OF THE SPECIFICATIONS, PLEASE NOTE THIS IS YOUR PROPOSAL. There is a section at the end to provide the substituted specification and the associated cost. The City will only pay for items exactly as quoted in the attached format. Item # Item Description/Price should include listed equipment AND installation cost. Bid Price (4 units) Vendor Providing Installation 1 Honda STI300PA6 $13,999 ea ($55,996.00) 2 Sound Off Signal Generation 4 LED Lights with CA Title 13 Lenses. Front Facing by Windshield AS SPEC'D YES - 1 Red facing forward (flashing) - 1 Blue facing forward (flashing) - 1 Red dash mounted ghost (steady) - 1 Headlight Wig Wag - 2 Stainless Steel Mounting bolts for front facing lights - 2 Aluminum Mounting Brackets for front facing lights - 2 Aluminum Mounting wedges for front side cowl lights - 1 Red mounted on dash to warn of rear lights being on Side Mounted - 1 Blue on side of left front cowl @ 45 degrees angle - I Red on side of right front cowl @ 45 degrees angle - 1 Red/Blue Dual Surface Mount on right of Radio Box - 1 Red/Blue Dual Surface Mount on left of Radio Box Rear of Bike - 1 Red flashing mounted on left side rear facing radio box tower - 1 Blue flashing mounted on right side rear facing radio box tower - 2 Blue bullet or LED style pursuit marker lights - I Red/Blue DGS mounted above License Plate form. 3 Siren- 1 Compact Electronic PA Speaker, with Wail, Yelp and Airhorn integrated (SA4209-6B) (Sound Off) t Siren Mount (1300-spk) I Unitrol power supply for siren (UM80K) 1 ST13 Wiring Harness (1300 -Harness) AS SPEC'D YES 4 Chrome front and small rear guards AS SPEC'D YES 5 Hondaline heated handgrips with Hondaline Accessory harness for handgrips and Hondaline 12 volt accessory plug AS SPEC'D YES 6 Note pad holder AS SPEC'D YES Temecula Police Department Scope of Specifications for 2010/2011 Honda Police Motorcydes Item # Item Description/Price should include listed equipment AND installation cost Bid Price (4 units) Vendor Providing Installation 8 Pro 3 holder AS SPECD YES 9 Battery upgrade kit with Odyssey Battery Charger AS SPECD YES 10 Left Side Mount (Barrel forward, Stock rear) Shotgun rack AS SPEC'D YES 11 Painting- Black paint on faring and saddle bags with black gas tank with white stripes - no pin stripe AS SPEC'D YES 12 Radio Installation - install Temecula Police department furnished radio. Vendor shall provide the following - PVORI-STA-U8/L Motor kit; PVPBRKT Radio head brackets; PVPTT2 Push to talk; 2 Dash mounted speakers with on/off switch; 12v 2.8amp Auxiliary radio battery; 6 amp uni-directional diode. AS SPEC'D YES 13 Emergency Lights wired to Temecula Police Department specifications and color combinations as follows; Position 1- Rear Facing Lights Position 2- All Lights Position 3- Yelp momentary Position 4- Wail on/off Position 5- Open switch on/off Airhorn is on stock horn button AS SPEC'D YES 14 Preemption Emitter, Opticom, Tomar or equivalent AS SPEC'D YES 15 Heli -bar Handlebar risers AS SPEC'D YES 16 Garmin Zumo 660 GPS Device- 010-00727-00 Motorcycle Mount w/ integrated power cable- 010-11270-03 AS SPEC'D YES 17 12VDC Power Port (right side to allow corded LIDAR use) AS SPEC'D YES Total of Line Items 2 thru 17 as specified by department $10,626.28ea ($42,505.12) 18 Tax and License (including processing fees if applicable) $2,190.53ea ($8,762.12) SubTotal Out The Door Purchase Cost $26,815.81ca ($107,263.24) 19 Do you offer any trade in options for our four current Harley- Davdison Motorcycles? Amount? 4 UNITS @ $7,000 EA ($28,000) 20 Any other discounts or options? Total Out' The Door Purchase Cost $19,815.81 ea ($79,263.24) Additional Items (OPTIONAL) Extended Service Plan (please descridc any you provide as well as the cost) None Motorcycle Buy Back Guarantee (if provided) and Conditions Required for BuyBack: None Earliest date you can provide four Motorcycles with Police Equipment: 45-60 says from receipt of City of Temecula Original Purchase Order Temecula Police Department Scope of Specifications for 2010/2011 Honda Police Motorcycles List all municipal Police Departments you have provided Police Motorcycles to (use additional sheets if required) City of Riverside City of Indio City of Perris City of Corona City of San Bernardino County of Riverside City of Glendale City of Banning City of Rialto County of San Bernardino This quote represents the delivery price for four HONDA POLICE MOTORCYCLE- ST 1300 Police unit from our firm and is good for 60 days. It is understood that the City will only pay for items as described in this quotation. Any deviations from specified equipment or installation that is not listed in this quote will not be accepted. DATE �r// COMPANY NAME/'%/1 5�� ;447 Mole= l4 l� (S/poi '15 TITLE e:e Vi Gels Item No. 7 Approvals City Attorney Director of Finance City Manager "of- etoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: May 10, 2011 SUBJECT: Agreement for Library Operations Services at the Temecula Public Library between the City of Temecula and the County of Riverside RECOMMENDATION: That the City Council approve the five year Agreement for Library Operations Services at the Temecula Public Library between the City of Temecula and the County of Riverside for an annual amount not to exceed $180,000.. BACKGROUND: The Temecula Public Library opened in December of 2006. The library facility has been well received by the community and has one of the largest circulations in Riverside County. Since the opening of the library, the City has been in contract with Riverside County to provide library staffing, collections management and a variety of other services through their contract with Library Systems and Services, Inc. (LSSI). The approval of this item will renew our agreement for Library services with the County of Riverside for continued operation of the Temecula Public Library. The terms of this new agreement will remain the same as the previous agreement. The five- year agreement will continue to provide the existing level of library services at 63 hours per week. The City of Temecula will reimburse the County for library operating costs in excess of 40 hours per week. Through our negotiations with the County of Riverside, the City has agreed to pay $140 per hour for the additional 23 hours per week of library operations. This amount is equivalent to $167,440, however shall not exceed $180,000 in a given fiscal year. The County of Riverside provides great library services for our community through their contract with LSSI. We estimate the Temecula Public Library has a monthly circulation of approximately 70,000 items. This in addition to the Grace Mellman Library accounts for approximately 25% of the County libraries circulation. This agreement will provide quality library operations, programs and services through June 2016. FISCAL IMPACT: This agreement will provide library services for an annual amount not to exceed $180,000 per year. In addition, the County Library Contract Services is offset by approximately $1.77 million in Library Tax Credits on an annual basis. Sufficient funds will be budgeted for FY2011-2012 and each year thereafter in the Library Annual Operating Budget. ATTACHMENTS: Agreement AGREEMENT FOR LIBRARY OPERATIONS SERVICES AT THE TEMECULA PUBLIC LIBRARY BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE THIS AGREEMENT is made and effective as of July 1, 2011, between the City of Temecula, a municipal corporation ("City") and the County of Riverside ("County"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2016 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. County shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. County shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. County shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all tasks described herein. County shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of County hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. City agrees to pay County on a semi-annual basis. City agrees to pay County one hundred and forty dollars ($140) per hour for every hour exceeding forty (40) hours per week of library operations. In no event shall the total payment to County exceed one hundred eighty thousand dollars ($180,000) annually unless additional payment is approved as provided in this Agreement. County shall submit invoices on a semi-annual basis for hours of library services performed. Semi-annual periods shall be July 1 through December 31 and January 1 through June 30 of each fiscal year. Invoices shall be submitted within thirty (30) days of the close of a semi-annual billing period. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. Payment shall represent City's total cash contribution to County for the operations of the Temecula Public Library. If City disputes any of County's fees it shall give written notice providing detail to County within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. b. County shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. County shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and County at the time City's written authorization is given to County for the performance of said services. c. The City Manager may approve additional work up to ten percent (10%) of the amount of this Agreement but in no event shall the total sum of this Agreement exceed $180,000 annually or the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. 1 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. City or County may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon other party at least one hundred and twenty (120) days prior written notice. Upon receipt of said notice, County shall cease all work under this Agreement, unless the notice provides otherwise. If either party suspends or terminates a portion of this Agreement such suspension or termination shall riot make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, City shall pay to County the actual value of every hour exceeding forty (40) hours per week up to the time of termination. Upon termination of this Agreement pursuant to this Section, County shall submit an invoice to City pursuant to Section 4. c. In the event of non-payment by the City as required in Section 4, the County may terminate the contract thirty (30) days after the payment is due. 6. DEFAULT OF COUNTY. a. County's failure to comply with the provisions of this Agreement shall constitute a default. In the event that County is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating County for any work performed after the date of default and can terminate this Agreement immediately by written notice to County. If such failure by County to make progress in the performance of work hereunder arises out of causes beyond County's control, and without fault or negligence of County, it shall not be considered a default. b. If the City Manager or his delegate determines that County is in default in the performance of any of the terms or conditions of this Agreement, it shall serve County with written notice of the default. County shall have (10) business days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that County fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. County shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. County shall provide free access to the representatives of City or its designees at reasonable times to such records, and shall give City the right to examine and audit said records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 2 8. INDEMNIFICATION. a. City agrees to defend, indemnify, protect and hold harmless County, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which County, 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 City's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, or which may arise from the ownership of the Property, excepting only liability arising out of the negligence of County. b. County agrees to defend, indemnify, protect and hold harmless City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which 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 County's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of City. 9. INDEPENDENT CONTRACTOR. a. County is and shall at all times remain as to City a wholly independent contractor. County's personnel performing the services under this Agreement on behalf of County shall at all times be under County's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of County or any of County's officers, employees, or agents except as set forth in this Agreement. County 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 City. County shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. b. No employee benefits shall be available to County in connection with the performance of this Agreement. Except for the fees paid to County as provided in this Agreement, City shall not pay salaries, wages, or other compensation to County for performing services hereunder for City. City shall not be liable for compensation or indemnification to County for injury or sickness arising out of performing services hereunder. 10. LEGAL RESPONSIBILITIES. County 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. County shall at all times observe and comply with all such ordinances, laws and regulations. City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of County to comply with this section. 11. RELEASE OF INFORMATION. a. All information gained by County in performance of this Agreement shall be considered confidential and shall not be released by County without City's prior written authorization. County, its officers, employees, agents or subcontractors, shall not, without written authorization from the City Manager, or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within City. Response to a subpoena or court order shall not be considered "voluntary" provided County gives City notice of such court order or subpoena. 3 b. County shall promptly notify City should County, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within City. City retains the right, but has no obligation, to represent County and/or be present at any deposition, hearing or similar proceeding. County agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by County. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 12. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 To County: 41000 Main Street Post Office Box 9033 Temecula, California 925989-9033 Attention: City Manager County of Riverside 3499 10th Street, Suite 100 Riverside, California 92501 Attention: County Librarian 13. ASSIGNMENT. County shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City. Upon termination of this Agreement, County's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and County. 14. LICENSES. At all times during the term of this Agreement, County shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 15. GOVERNING LAW. City and County 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 4 determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 16. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the County, or County's sub -contractors for this project, during hisiher tenure or for one year thereafter. The County hereby warrants and represents to City that no 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 County or County's sub -contractors on this project. County further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 17. 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, including Agreement for Library Operations Services at the Temecula Public Library between the City of Temecula and the County of Riverside dated November 14, 2006, 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. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of County warrants and represents that he or she has the authority to execute this Agreement on behalf of County and has the authority to bind County to the performance of its obligations hereunder. 19. NO THIRD PARTY BENEFICIARIES. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than County, City, and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA COUNTY OF RIVERSIDE Ron Roberts, Mayor Bob Buster Chair, Board of Supervisors Attest: Attest: Clerk to the Board of Supervisors Susan W. Jones, MMC, City Clerk Deputy Approved As to Form: Approved As to Form: Pamela Walls County Counsel Peter M. Thorson, City Attorney Deputy County Counsel 6 EXHIBIT A SERVICES AND TASKS TO BE PERFORMED All the following services, duties and tasks described in this Exhibit A shall be performed with regard to the Temecula Public Library, located at 30600 Pauba Road, Temecula, CA 92592. 1. STAFFING. A. Library Staff. County shall provide an adequate number of professional library staff persons for the efficient and effective operations of the Temecula Public Library. County shall have the authority to hire the Temecula Public Library staff. City and County may review and alter the number and classification of staff persons from time to time for the effective operation of the Temecula Public Library. In the event that City is dissatisfied with the performance of a library staff employee, City and County shall work together to resolve the matter in a manner that is mutually acceptable. County currently provides library staff and library services through a separate agreement with Library Systems and Services, Inc. ("LSSI"). City acknowledges and agrees that staff and other services shall be provided to the Temecula Public Library through the County's agreement with its contractor. The Temecula Public Library Manager and the Temecula Community Services Director or his or her designee shall meet regularly to exchange information, pertaining to the day to day operation of the library, including but not limited to maintenance and custodial issues, information systems, library supply needs, Friends of the Temecula Library and to provide status updates regarding the library and facility operations of the Temecula Public Library. Issues pertaining to library policy and library contracts and agreements shall be referred to the Zone Manager for the Mid -South Zone. B. Technology Homework Center. County shall provide a three -tenths (0.3) full- time equivalent employee to provide assistance in the Technology Homework Center. The Technology Homework Center's employee(s) shall be classified as referenced in the Joint Use Cooperative Agreement between the County of Riverside, the Temecula Valley Unified School District ("TVUSD") and the City of Temecula for the Joint Use of Facilities Located at the Temecula Public Library, dated March 18, 2003. County shall work with the TVUSD and City to provide, as necessary, additional employees, volunteers and resources for students in the Technology Homework Center. C. Technology Systems. City shall provide adequate staff persons to maintain and operate the technology systems, including, but not limited to, computers, Radio Frequency Identification ("RFID") equipment and systems, copiers, telephones, wireless networks, and teleconference equipment. D. Maintenance. City shall provide adequate staff persons to provide janitorial services, landscape maintenance and building maintenance for the Temecula Public Library. 7 2. OPERATING HOURS. The Temecula Public Library shall operate at least sixty three (63) hours per week. The days and hours of operations shall be as follows: Monday — Thursday 10:00 a.m. to 9:00 p.m. Friday 10:00 a.m. to 6:00 p.m. Saturday 10:00 a.m. to 5:00 p.m. Sunday 1:00 p.m. to 5:00 p.m. The Temecula Public Library shall observe a holiday schedule mutually agreed upon by the City and County. 3. SECURITY SYSTEMS. A. Key Cards. City shall administer proximity key cards that provide door access and support various levels of security to the Temecula Public Library. These key cards shall be issued by City's Information Systems ("IS") Department. B. Radio Frequency Identification. City shall maintain and support a Radio Frequency Identification ("RFID") system, which is the Temecula Public Library's book security and inventory system. 4. TECHNOLOGY SERVICES. A. Patron LAN and Wireless LAN. City's IS Department shall equip, maintain and support the Patron Local Area Network ("LAN") and the Wireless LAN. B. Administrative LAN. The Administrative LAN shall be maintained and supported by Library Systems and Services, Incorporated (LSSI). C. Firewall Separation. City shall maintain firewall separation of the Patron LAN, Wireless LAN and Administrative LAN. D. LSSI will notify the City Information Systems (IS) staff not less than ten (10) days in advance of any planned changes to Library automation 1 technology support service availability. LSSI will make every effort to notify the City IS staff as soon as possible of any immediate situations that require a system reset or that will impact the Temecula Public Library user community. 5. AUTHENTICATION SERVICES. A. Wireless Authentication. City shall provide wireless authentication consistent with other automated systems within the library. B. Library Patron Authentication. Library patrons shall be authenticated by the Comprise Smart Access Management ("Comprise SAM") System or comparable system. The Temecula Library system shall enable patrons to easily manage their accounts, including adding funds with a credit card through the Internet, at a library kiosk, or through a Temecula Public Library librarian or cashier. 8 6. COMMERCIAL CARRIER SERVICES. A. The Temecula Public Library shall access the Internet with broadband internet circuit which will support the Wireless LAN and the Patron LAN. B. The Administrative LAN shall be supported by an LSSI provisioned broadband internet circuit. 7. VOICEMAIL SERVICES. City shall provide and support voicemail accounts and respond to the Temecula Public Library Branch Manager's request for any telephone additions or changes to users in the Voice over Internet Phone ("VOIP") system. The Temecula Public Library telephones shall be answered by a live library staff member or system approved by City during the Temecula Public Library's operational hours. 8. LICENSING SERVICES. A. Patron LAN and Wireless LAN. Software license products shall be purchased, updated, and maintained by City when used on either the Patron LAN or the Wireless LAN. B. Administrative LAN. Software license products shall be purchased and maintained by LSSI on the Administrative LAN. 9. INTERNET SERVICES. City shall maintain and support the Temecula Public Library's Internet domain temeculalibrary.orq. Internet usage at the Temecula Public Library shall be in compliance with the County Library's Internet Usage Policy. Content filtering shall be supported by a Children's Internet Protection Act ("CIPA") compliant content filtering system. 10. ON-GOING COLLECTIONS DEVELOPMENT. A. Annual Collections Development. County shall provide collections development for the Temecula Public Library on an annual basis. B. Invoicing Required. County shall provide copies of invoices to City evidencing the total value of the volumes purchased for the Temecula Public Library collection. Invoicing shall include the cost of the volume and all processing by County's third party procurement company. Invoices shall be submitted as collection materials are received and inventoried to the collection. C. Collections Maintenance. County shall provide maintenance of the Temecula Public Library's collections consistent with professional library practices. This shall include, but not be limited to, procurement, processing, mending and de -Accessioning of the collections. The Temecula Public Library's collections shall be developed in accordance with the materials selection policy adopted by the Riverside County Board of Supervisors. 11. FURNITURE, FIXTURES AND EQUIPMENT. A. Ownership by City. City shall own all furniture, fixtures, and equipment in the Temecula Public Library, except for the LSSI equipment that support the following: i. Administrative LAN; ii. SIP2 protocol equipment; iii. Microsoft Windows servers that support Domain Naming System (DNS); 9 iv. The domain controller for caching administrative staff authentication credentials; v. Microsoft Client Access License (CAL) for Office Suite and Exchange Email. B. Maintenance by City. City shall be responsible for the maintenance, repair and replacement of the furniture, fixtures and equipment, except for the LSSI equipment, as necessary and determined by City. C. Maintenance by County. County shall be responsible for the maintenance, repair and replacement of the LSSI equipment used for supporting LSSI staff functions. 12. UTILITIES. All utilities shall be recorded in City's name. City shall be responsible for the payment of all utilities costs, including electricity, gas, water, and telephone services, associated with the operations of the Temecula Public Library. 13. FEES AND FINES. A. City Property. All fees and fines shall be the property of City. Fees and fines for overdue, lost or damaged materials, printing and copying services and facilities and equipment rentals shall be consistent with City fee schedules. Upon request by County and accompanied by appropriate documentation, City shall remit to County the fines for lost and damaged materials. County shall use said funds to replace lost and damaged materials in the City's collections. Any fines collected by the Temecula Public Library for collections belonging to another library shall be used by County to replace that library's materials. County shall maintain a system that clearly delineates the original ownership of the lost or damaged materials. County shall request the fines for lost and damaged materials not less than once per fiscal year and riot more frequently than once per quarter. B. Collection of Fees and Fines. Fees and fines shall be collected by LSSI staff. County shall remit all fees and fines to City for reconciling documentation purposes. C. Software for Fees and Fines. City shall provide and maintain software consistent with other City systems for the receipting and reconciling of fees and fines. D. Fees for Printing. City shall determine the fees for printing and copying. 14. FACILITY RENTALS. A. Development of Rental Policy. City shall develop a Temecula Public Library facilities rental policy ("Rental Policy") that includes, but is not limited to, information regarding the areas within the Temecula Public Library available for rental purposes, the equipment available for rental, the rental fees, and the reservation procedures. The Rental Policy shall also set forth which library patrons receive priority for rental areas. B. Administration of Rental Policy. County shall administer City's Rental Policy, assist in the preparation of the rental areas, including but riot limited to setting up and taking down tables and chairs, collecting required deposits, rental forms, proof of insurance, and other required documentation, and remit any rental -related documentation to City. County shall remit all rental fees to City on a daily basis with reconciling documentation. 10 C. Rental Fee Software. City shall provide and maintain software consistent with other City systems for the receipting and reconciling of rental fees. 15. TECHNOLOGY HOMEWORK CENTER. City shall determine and schedule any computer classes provided in the Technology Homework Center other than those provided by the Temecula Valley Unified School District. City shall work with County to ensure that such scheduling of computer classes does not conflict with other programs or staffing needs. Classes may be provided by contracted instructors, library staff or City staff. 16. LIBRARY MATERIALS DISTRIBUTION TO SCHOOL DISTRICT. A. TVUSD Distribution Site. County shall add the Temecula Valley Unified School District ("TVUSD") as a daily distribution site for library materials requested by students or TVUSD staff through the Internet. B. Distribution System. County shall develop a distribution system with the TVUSD to check-out, check-in, and account for all library materials distributed through this distribution system. County shall work with the TVUSD Library Media Specialist to develop a check-out and check-in process at the TVUSD that is integrated with the County system to track the distribution of and protect the Temecula Public Library's collections. 17. WIRELESS TELEPHONE USAGE. County staff persons shall enforce the following policy regarding wireless telephone usage at the Temecula Public Library. Wireless telephone usage shall be limited to the following specific areas within and around the Temecula Public Library: • Inspiration Garden • Front courtyard • Parking lot • Staff offices and staff lounge • Study rooms 18. FOOD AND BEVERAGES. A. Concessions. City may operate a concessions operation within the Temecula Public Library. All revenues and expenditures associated with the concessions cart shall be City's responsibility. B. Designated Areas for Food Consumption. City may permit food and beverages to be consumed in all Temecula Public Library common areas, staff offices, staff lounge, and the garden. 19. LIBRARY TAX CREDIT. City's Library Tax Credit shall be used to offset County library services for the basic forty (40) hours per week at the Temecula Public Library and the basic forty (40) hours per week, including maintenance at the Grace Mellman Library located at 41000 County Center Drive, Temecula, California. S:\Cultural Services\Library\Form 11 s120110329_TEM_AgreementRenewal2011-2016.docx 11 Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Sean Dakin, Battalion Chief DATE: May 10, 2011 SUBJECT: Authorization to spend $50,000.00 on medical supplies with Life Assist PREPARED BY: Becky Obmann, Administrative Assistant RECOMMENDATION: That the City Council approve the request to spend $50,000.00 on the purchase of medical supplies with Life Assist, Inc. for fiscal year 2010/2011. BACKGROUND: Life Assist is the County approved vendor (contract# FPARC-34500- 002-0611) to purchase medical supplies. The City piggy backs on this competitive contract to maintain uniformity of emergency medical supplies and equipment throughout the County. This ensures that paramedics throughout Riverside County will have the same life saving equipment and supplies no matter which station they are working at. Keeping with the same vendor allows for better public safety and eliminates the unecessary risk of paramedics utilizing unfamiliar medical supplies. The Fire Department also utilizes Life Assist through EMPG grant funding to purchase medical supplies for the Temecula Citizen Corps. It is just as important to have the familiar medical supplies and equipment available for our citizen emergency response teams so that they are properly trained on the same product being used by our first responders. This also allows the CERT trailers to be stocked with the same supplies our first responders carry so that provisions can easily be restocked in the event of a major emergency. FISCAL IMPACT: Purchase orders for medical supplies and EMPG grant funded supplies to date total $31,999.58. The Fire Department anticipates an additional $18,000.42 will need to be encumbered this fiscal year to purchase paramedic supplies and to complete the purchasing on the EMPG grant. Adequate funds are available in the Fire Department's Annual Operating budget for Fiscal Year 2010/2011. ATTACHMENTS: None Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 10, 2011 SUBJECT: Temporary Street Closures for 2011 Summerfest Events PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2011 Summerfest Events: `WESTERN DAYS' 'OLD TOWN TEMECULA STREET PAINTING FESTIVAL' `4T" OF JULY PARADE' `4T" OF JULY FIREWORKS' BACKGROUND: Four special events scheduled during the months of May, June and July of 2011 necessitate the physical closure of all or portions of certain streets within the Old Town area and also portions of Margarita Road and Pauba Road (fireworks display). The closures are necessary to facilitate the events and to protect participants and viewers. The four events and the associated street closures are as follows (see attached Location Maps): 1. WESTERN DAYS - May 22 The annual Western Days event will be held in Old Town at the Town Square on May 21s1 — May 22nd and will include the closure of the Main Street (`Y' portion) on Sunday, May 22nd — 7:00 am to 6:00 pm. The street closures are as follows: 1. Main Street — the easterly driveway edge of 28636 Old Town Front Street (Rosa's Cantina) to Mercedes Street. Mercedes Street will remain open to through traffic. 2. STREET PAINTING FESTIVAL - June 24 - 26 This year's Street Painting Festival at the Town Square necessitates the closure of the Main Street ('Y' portion) between Old Town Front Street and Mercedes Street, as this street portion will serve as the canvas on which artists will paint. The Street Painting Festival will require street closures from 8:00 a.m. Friday, June 2e to 8:00 p.m. Sunday, June 26th The street closures are as follows: 1. Main Street — the easterly driveway edge of 28636 Old Town Front Street (Rosa's Cantina) to Mercedes Street; 2. Mercedes Street — Fourth Street to Third Street. Mercedes Street traffic will be detoured around the event via Third and Fourth Street. 3. 'STAR SPANGLED 4TH OF JULY PARADE' - July 4th The Annual City -sponsored "Star Spangled 4th of July Parade" event requires the closure of the entire and portions of, streets in the Old Town area on July 4, 2011 from approximately 8:00AM until 3:00 PM. The parade hours this year are from 1:00 PM to approximately 2:30 PM. However, staging for the parade will begin at 8:00 AM at the Stampede Restaurant parking lot. The police department will determine the exact hours of street closures. Also, no parking will be allowed on these subject streets from 8:00 AM until 3:00 PM. This year's Star Spangled 4th of July Parade street closures are as follows: 1. Old Town Front Street between Moreno Road (S) and 1st Street; 2. Mercedes Street between Moreno Road and 2nd Street 3. Main Street from the East Edge of the Children's Museum Driveway to Mercedes Street; 4. Moreno Road; 5. 2nd Street; 6. 3rd Street; 7. 4th Street; 8. 5th Street; 9. 6th Street. North -south traffic shall be detoured via Pujol Street around the event. The event will 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. 4. JULY 4th 2010 FIREWORKS SHOW' - July 4th The Annual City -sponsored "July 4th 2011 Fireworks Show" event requires the closure of Margarita Road between Rancho Vista Road and Pauba Road and also Pauba Road between Margarita Road and Showalter Road, including abutting streets. This year's 4th of July Fireworks Show street closures are more specifically described as follows: 8:00 AM to Midnight 1. Pauba Road between Margarita Road and Showalter Road 2. Calle Ventura 3. Calle Camellia 7:00 PM to 10:00 PM 4. Margarita Road between Rancho Vista Road and Pauba Road Residents living within the closure area will be allowed access to their homes. Street closures are allowed by the California Vehicle Code upon approval by the local governing body for certain conditions. Under Vehicle Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these special events. FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of necessary warning and advisory devices by the City Maintenance Department, are included in budgetary items. ATTACHMENTS: Location Maps: 1. `Western Days' 2. `Street Painting Festival' 3. 'Star Spangled 4th of July Parade' 4. `4th of July Fireworks Display' 2011 WESTERN DAYS MAY 22ND VICINITY MAP STREET CLOSURE 2011 STREET PAINTING FESTIVAL JUNE 24TH - 26TH VICINITY MAP STREET CLOSURE 2 0 0 U 7 0, D 1.' 2011 4th of July Parade 7\11 -la I:I)I.S S CIVIC CENTER E. i-- n F :,-.; v, x x i. 0 H W ed Rodeway w =. n Inn �'+r ;u. J A Old Town Theater Children's Museum PUJOI, SI -In Legend t Parade Route Staging De -staging Judging Parking El Equestrian Staging A fit Announcer Public Restrooms Portable Restrooms R IGISIArcmap Projectslcommunity servicesyuly4parade_2011.mxd Apo! 2G 201 4th of July 2011 Fireworks Show STREET CLOSURES VICINITY MAP NOT TO SCALE STREET CLOSURE Item No. 10 Approvals City Attorney Director of Finance City Manager "of- etoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 10, 2011 SUBJECT: Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreements with the Western Riverside Council of Governments (WRCOG) for the State Route 79 (SR 79)/Western Bypass Bridge Project PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: 1. Approve Amendment No. 1 to decrease the current TUMF Reimbursement Agreement by $310,000 between the City and WRCOG for the Plans, Specifications, and Estimates (PS&E) Phase of the SR 79/Western Bypass Bridge Project; and 2. Approve a new TUMF Reimbursement Agreement in the amount of $310,000 between the City and WRCOG for the Right -of -Way (ROVV) Phase of the SR 79/Western Bypass Bridge Project; and 3. Authorize the City Manager to execute the TUMF documents. BACKGROUND: The State Route 79 (SR 79)/Western Bypass Bridge Project provides for the construction of a 300' bridge over Murrieta Creek, ultimately connecting the future Western Bypass Corridor to Interstate (1-15) and Temecula Parkway at the I-15/SR 79 South Freeway Interchange. The project is also recognized on the WRCOG 2010 Southwest Zone 5 -Year Transportation Improvement Program (TIP) as a TUMF funded project. On October 13, 2009, the City Council approved TUMF Reimbursement Agreements with WRCOG totaling $1,789,000 for two phases of work: $431,140 for the Project Approval/Environmental Documents (PA&ED) phase and $1,357,860 for the Plans, Specifications, and Estimates (PS&E) phase. The City is currently receiving reimbursement for eligible costs associated with both work phases. With project design nearing completion, the City has identified TUMF savings within the PS&E phase. In accordance with the terms of the original agreement, the City petitioned WRCOG to redistribute $310,000 of TUMF funds within the PS&E Phase to the Right -of -Way (ROW) Phase of work. This will allow the City to utilize the savings realized in one phase of work to recover all costs associated with acquisition of the necessary right-of-way for this project. The attached Amendment and new TUMF Reimbursement Agreement have been approved by WRCOG and forwarded to the City of Temecula for City Council approval. Once the Amendment and Agreement are signed by both parties, the City can obligate the funds and request reimbursement for all eligible ROW acquisition costs as defined in the Reimbursement Ag ree me nt. FISCAL IMPACT: Amendment No. 1 to the current TUMF Agreement decreases funding of the PS&E Phase by $310,000 (from $1,357,860 to $1,047,860). In tum, the new TUMF Reimbursement Agreement for $310,000 will enable the City to recover the costs associated with right-of-way acquisition. There is no change to the total amount of TUMF funds currently obligated for the project. This action re -distributes the savings realized in project work phase to another. ATTACHMENTS: 1. Amendment to TUMF Reimbursement Agreement 05 -SW -TEM -1063 2. TUMF Reimbursement Agreement 05 -SW -TEM -1063 (for ROW Phase) 05 -SW -TEM -1063 AMENDMENT #1 TO TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AGREEMENT STATE ROUTE 79 (SR 79) WESTERN BYPASS BRIDGE THIS AMENDMENT ("Amendment") is entered into this day of 201_, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ("WRCOG") and the City of Temecula ("Agency"). WRCOG and the Agency are sometimes referred to individually as "Party" and collectively as "Parties." RECITALS A. WRCOG and Agency have entered into an agreement titled "Transportation Uniform Mitigation Fee Program Agreement" that is dated October 13, 2009 ("Agreement"). The Agreement provides the terms and conditions, scope of work, schedule and funding amount for the construction of the STATE ROUTE 79 (SR 79) WESTERN BYPASS BRIDGE, 300 FEET OVER MURRIETA CREEK (hereinafter the "Project"). B. The Parties desire to amend the Agreement by redistributing the funding amount in the manner set forth in Section 7 of the Agreement. C. The City has determined, and WRCOG concurs, that certain right of way costs associated with the Project are eligible for TUMF reimbursement. The City desires to redistribute a potion of the TUMF funds currently obligated for the PS&E Phase to include the costs associated with the acquisition of the necessary right of way. There is no change in the overall TUMF funding identified in the Agreement. Page 1 of 4 05 -SW -TEM -1063 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. The Funding Amount for the PS&E Phase contained in Section 2 of the Agreement is hereby decreased by an amount not to exceed three hundred, ten thousand dollars ($310,000) from one million, three -hundred fifty-seven thousand, eight hundred sixty dollars ($1,357,860) to one million, forty-seven thousand, eight hundred sixty dollars ($1,047,860). 2. The forgoing Funding Amounts are within the Maximum TUMF Share. 3. Except to the extent specifically modified or amended hereunder, all of the terms, covenants and conditions of the Agreement shall remain in full force and effect between the Parties hereto. [Signatures on Following Page] Page 2 of 4 05 -SW -TEM -1063 IN WITNESS WHEREOF, the Parties have caused this Amendment to the Agreement to be executed by their duly authorized representatives to be effective on the day and year first written above. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS n By:%Lk 1>144/1,y By: Rick Bishop Shawn D. Nelson Executive Director City Manager ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson City Attorney Page 3 of 4 05 -SW -TEM -1063 EXHIBIT A-1 ESTIMATE OF COST The funding sources for the Western Bypass Bridge are as follows: PHASE oleo PA &ED g 1` PS & E (Engineering) Right -of -Way Acquisition OU' Construction Total 2;532; Page 4 of 4 05 -SW -TEM -1063 TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AGREEMENT TO REIMBURSE TUMF FUNDS STATE ROUTE 79 (SR -79) WESTERN BYPASS BRIDGE, 300 FEET OVER MURRIETA CREEK FOR RIGHT-OF-WAY (ROW) ACQUISITION THIS REIMBURSEMENT AGREEMENT ("Agreement") is entered into as of this day of , 2011 by and between the Western Riverside County of Governments ("WRCOG"), a California joint powers authority and the City of Temecula, a California municipal corporation ("Agency") 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 STATE ROUTE 79 (SR -79) WESTERN BYPASS BRIDGE, 300 FEET OVER MURRIETA CREEK (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 this end, any use of the funds provided pursuant to this Agreement shall be subject to the review and approval of WRCOG. Page 1 of 24 05 -SW -TEM -1063 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed THREE HUNDRED TEN THOUSAND DOLLARS ($310,000) 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. 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 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 Page 2 of 24 05 -SW -TEM -1063 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. (e) 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. 10. Term/Notice of Completion. The tenn 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 Page 3 of 24 05 -SW -TEM -1063 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 teens 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 of 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 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 Page 4 of 24 05 -SW -TEM -1063 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 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 Page 5 of 24 05 -SW -TEM -1063 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 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 Page 6 of 24 05 -SW -TEM -1063 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 teicn 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. 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. Page 7 of 24 05 -SW -TEM -1063 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: If to WRCOG: 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 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. 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. Page 8 of 24 05 -SW -TEM -1063 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 on following page] Page 9 of 24 05 -SW -TEM -1063 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. Date: 9- -4 ( By: Date: Rick Bishop ' Shawn D. Nelson Executive Director City Manager APPROVED : TO FORM: ATTEST: aun eneral Counsel Date it By: Date Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Date Page 10 of 24 Peter M. Thorson City Attorney 05 -SW -TEM -1063 EXHIBIT A SCOPE OF WORK The Western Bypass Bridge over Murrieta Creek Project will connect the westerly terminus of State Route 79 South (SR-79S)/Temecula Parkway to the future Western Bypass Corridor. This project represents the southern connection to the Western Bypass Corridor, linking the corridor to 1-15 and SR-79S/Temecula Parkway at the I-15/SR-79S interchange. SCOPE OF WORK — Right -of -Way (ROW): The Scope of Work and TUMF funding under the terms of this Agreement includes Right -of -Way acquisition through the purchase of land and/or permanent easements; temporary construction easements; and right of entry agreements. A detailed scope of work for all other phases of the Project is provided as follows: • Project Approval/Environmental Documents (PA & ED): This project is subject to the requirements of the California Environmental Quality Act (CEQA). Work activities include: Conduct wildlife protocol surveys; research and prepare technical memoranda for Biology, Cultural Resources, Noise, and Air Quality; prepare and submit applications to resource agencies for construction permits; Prepare and file environmental documents for geotechnical investigation and construction; meet requirements of the Multiple Species Habitat Conservation Plan. Exhibit A - 11 Page 11 of 24 05 -SW -TEM -1063 • 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. Map out property lines for right of way engineering. Conduct subsurface geotechnical investigations and analyses. Perform hydrology/hydraulic studies and structural calculations. Prepare bid documents including the project Plans, Specifications, and Estimate. Complete the Water Quality Management Plan and the SWPPP. • Construction: Advertise, award, and administer the construction contract. Construct the roadway, bridge, and storm drain facilities. Coordinate utility relocations. Exhibit A - 12 Page 12 of 24 05 -SW -TEM -1063 EXHIBIT A-1 ESTIMATE OF COST The funding sources for the Western Bypass Bridge are as follows: PHASE PA &ED LOCAUCITY, 0` TUMF $431,140 Project Totals $431,140 PS & E (Engineering) $1,047,860 $1,047,860 Right -of -Way Acquisition $310,000 $3110,000 Construction $4,354;932 $6,389,000 10,743,932 Total $4,354,932 $8,178,000 $12,532,932 Exhibit A — 1-13 Page 13 of 24 05 -SW -TEM -1063 EXHIBIT A-2 PROJECT SCHEDULE Project Approval/Environmental Documents (PA &ED) Phase: A Notice of Determination with the minimum impacts f0078indings has been approved for the geotechnical exploratory work necessary for design of the bridge column foundations. Research and field surveys for technical memoranda in support of the project environmental document have been conducted. Preliminary Engineering and Design (PS&E) Phase: Baseline map has been developed from aerial photogrammetry and ground surveys, and includes existing utilities and property boundaries based on records. Preliminary hydrological and hydraulic analyses are complete. Coordination with the Metropolitan Water District to protect existing water transmission lines has been initiated. Encroachment permits to conduct subsurface geotechnical investigations have been secured. The City has entered into a contract with T.Y. Lin International for the PS&E phase of the project. Right -Of -Way: Existing property boundaries have been mapped based on records. Some right-of-way acquisition is required, including permanent easements, temporary construction easements, and right -of -entry agreements. Construction: Estimated completion in early 2011. Phase Estimated or Actual Completion Date Project Approval/Environmental Documents (PA &ED) March 2011 Preliminary Engineering and Design (PS&E) December 2011 Right Of Way June 2011 Construction June 2013 Exhibit A - 14 Page 14 of 24 05 -SW -TEM -1063 Elements of Compensation EXHIBIT B PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 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 5th 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 "B-4" 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 "13" 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-1-15 Page 15 of 24 05 -SW -TEM -1063 "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 he paid. 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 -I-16 Page 16 of 24 05 -SW -TEM -1063 EXHIBIT "B-1" [Sample for Professional Services] For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed ( INSERT WRfTTEN DOLLAR AMOUNT ) ($ INSERT NUMERICAL DOLLAR AMOUNT ) 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 05 -SW -TEM -1063 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 B-1-18 Page 18 of 24 05 -SW -TEM -1063 2. 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 RANGE OF HOURLY RATES [ sample J Principal $ .00 - $ .00/hour Project Manager $ .00 - $ .00/hour Sr. Engineer/Planner $ .00 - $ .00/hour Project Engineer/Planner $ .00 - $ .00/hour Assoc. Engineer/Planner $ .00 - $ .00/hour Technician $ .00 - $ .00/hour Drafter/CADD Operator $ .00 - $ .00/hour Word Processor $ .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. 3. 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 terns 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 05 -SW -TEM -1063 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 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: Total Invoiced to Date: Total Previously Invoiced: Balance Remaining: Amount due this Invoice: $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 $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: cc: Name Title Exhibit B-2-21 Page 21 of 24 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 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: to Month/Date/Year I certify that the hours and salary rates charged in this worked and paid to the employees listed, By: Name Title Exhibit B-3-22 Page 22 of 24 $000,000.00 $000,000.00 $000,000.00 $000,000.00 $000,000.00 $000,000.00 $000,000.00 nvoice are the actual hours and rates EXHIBIT B-4 SAMPLE TASK SUMMARY SCHEDULE (OPTIONAL) Exhibit B-4-23 Page 23 of 24 EXHIBIT B-5 Sample Progress Report REPORTING PERIOD: Month/Date/Year to Month/Date/Year PROGRESS REPORT: til 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 None C. Work Planned Next Period Corrective Action None 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. 11 Approvals City Attorney Director of Finance City Manager "of- etoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 10, 2011 SUBJECT: Third Amendment to the Professional Services Agreement with KRW & Associates for Engineering Plan Check, and Map and Legal Description Review for Fiscal Year 2011-2012 PREPARED BY: Mayra De La Torre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: That the City Council approve a Third Amendment to the Professional Services Agreement with KRW & Associates in the amount of $15,000 for Engineering Plan Check, and Map and Legal Description Review for Fiscal Year 2011-2012. BACKGROUND: In July of 2009, the City entered into an annual agreement with KRW & Associates for engineering plan check, and map and legal description review. Subsequent to that on March 4, 2010, Amendment No. 1 was approved by the City Manager to add new scope of work (i.e., the signing of surveying related documents). On July 1, 2010, Amendment No. 2 was approved by the City Manager to extend the term of the agreement to June 30, 2011, to increase payment in the amount of $15,000 and to revise the "Notices" section of the agreement. To date, staff has been satisfied with the services provided by KRW & Associates and wishes to continue to use their services for a third year. This Amendment No. 3 is to extend the term of the agreement to June 30, 2012 and to increase the payment in the amount of $15,000. With this Third Amendment, the total agreement amount will be $45,000, which requires City Council approval. The complete scope of work required is attached to and made part of Amendment No. 3. FISCAL IMPACT: Amendment No. 3 for the Professional Services Agreement with KRW & Associates in an amount of $15,000, for a total agreement amount of $45,000, is funded with account no. 001.163.999.5248. ATTACHMENTS: (1) Third Amendment with KRW & Associates THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND KRW & ASSOCIATES FOR ENGINEERING PLAN CHECK, MAP AND LEGAL DESCRIPTION REVIEW THIS THIRD AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Kris R. Winchak dba KRW & Associates (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2009, the City and Consultant entered into that certain Agreement entitled "Agreement for Engineering Plan Check, Map and Legal Description Review", in the amount of $15,000. b. On March 4, 2010, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Engineering Plan Check, Map and Legal Description Review," to add scope of work. c. On July 1 2010, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Agreement for Engineering Plan Check, Map and Legal Description Review," to extend the term, to increase the payment in the amount of $15,000 and to revise the Notices section. d. The parties now desire to extend the term of the agreement to June 30, 2012, to increase the payment in the amount of $15,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement." 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The THIRD Amendment amount shall not exceed Fifteen Thousand Dollars and No Cents ($15,000), for additional Engineering Plan Check, Map and Legal Description Review for a total Agreement amount of Forty Five Thousand Dollars and No Cents ($45,000). 1 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 5. Exhibit A to the Agreement is hereby amended by adding hereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA KRW & ASSOCIATES (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: By: Kris R. Winchak, Owner Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT KRW & Associates Attn: Kris Winchak P.O. Box 867 Murrieta, CA 92564 Ph. (951) 245-0159 kwinchak@verizon.net FSM Initials: Date: 3 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 ATTACHMENT A KRW & ASSOCIATES Land Surveying, Planning and Land Development P.O. Box 867 Murrieta, CA. 92564 Bus. Ph & Fax (951) 245-0159, Cell (909) 262-7009 March 6, 2011 City of Temecula, Dept of Public Works 43200 Business Park Drive Temecula Ca. 92590 Attn: John Pourkazemi, Associate Engineer City of Temecula Dear Mr. Pourkazemi This letter is to inform you of my desire to continue providing "Professional Services" to the City of Temecula for Fiscal Year 2011-2012. The scope of these additional services to be provided by KRW & Associates shall include the following: • Plan Checking of Tract Maps, Parcel Maps, Lot Line Adjustments, Easements, Real Property Legal Descriptions and any other documents relating to the Surveying Profession. • Prepare Subdivision Maps, prepare Legal Descriptions for Easements and Real Property, Survey Plats and any other survey related work with compensation based on a written proposal to be approved by the City Engineer. • The signing of Tract Maps and Parcel Maps shall be provided by KRW & Associates, on behalf of the City of Temecula, for the Technical Map Review and Approval. This will be performed upon the completion of the plan check review of Maps done either by KRW & Associates or by City engineering staff reviewing the Maps under the supervision of KRW & Associates. The signature statements to be used on the Maps shall be based on the agreed statement form to be determined by the City of Temecula and KRW & Associates. • The signing of all Lot Line Adjustments, Lot Mergers, Survey Plats, Legal Descriptions, Deeds, Easements and other survey related legal documents for technical review shall be provided by KRW & Associates, on behalf of the City of Temecula, for the Technical Document Review and Approval. The signature of approval for the technical review of these documents will be based upon the completion of plan check review done either by KRW & Associates or by City engineering staff reviewing the documents under the supervision of KRW & Page 1 of 2 Associates. The signature statements to be used on these documents shall be based on the agreed statement form to be determined by the City of Temecula and KRW & Associates. I understand the terms of this request are based on the attached City Agreement. The compensation for "Professional Services" provided by KRW and Associates will be paid at a rate of One Hundred Ten Dollars ($110.00) per hour based on a project by project basis, not to exceed the amount specified in the City Agreement. I am very pleased to be of service to the Department of Public Works and look forward to the continuation of our work relationship. Very Truly Yours, R 61.4,1--1,-1441 Kris R. Winchak, L.S. 6240 KRW & Associates Page 2 of 2 Item No. 12 Approvals City Attorney Director of Finance City Manager "of- etoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 10, 2011 SUBJECT: Approval of Amendments to the Annual Agreements for Title and Escrow Services and Landscape Plancheck and Inspection Services for Various Capital Improvement Projects for Fiscal Year 2011/2012 PREPARED BY: Amer Attar, Principal Engineer RECOMMENDATION: That the City Council approve the amendments to the following annual agreements for Title and Escrow Services and for Landscape Plancheck and Inspection services for various Capital Improvement Projects (CIP) Division project needs for fiscal year 2011/2012. Title and Escrow Services Chicago Title $ 30,000 Landscape, Plan Check & Inspection Services David Neault & Associates $ 100,000 BACKGROUND: On July 1, 2010 and July 1, 2009 respectively the City Council approved agreements with the above listed firms to complete on-call services necessary to assist with delivering CIP projects. Needed services are requested from the appropriate consultant and the consultants submit a cost proposal for each proposal request. Funds are allocated from the corresponding CIP project budget. Only approved CIP projects will utilize the services under these agreements, unless otherwise directed by the City Manager or the City Council. The original agreements allow for term extensions. Agreement extensions will allow for continued services during fiscal year 2011/2012. Each firm listed has responded to City requests in a timely manner and performed the needed work satisfactorily. Staff is recommending amending the agreements to extend them for another year under the same terms of the original agreement. FISCAL IMPACT: Adequate funds will be available in the Department of Public Works Capital Improvements Program budget, upon approval of the FY 2011/2012 budget. Individual service requests are funded by various funding sources approved for each project. ATTACHMENTS: Amendments FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CHICAGO TITLE FOR TITLE AND ESCROW SERVICES THIS FIRST AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and CHICAGO TITLE, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2010, the City and Consultant entered into that certain Agreement entitled "Agreement for Title and Escrow Services", in the amount of $ $30,000. b. The parties now desire to extend the term of the agreement to June 30, 2012, increase the payment in the amount of $30,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Thirty Thousand Dollars and No Cents ($30,000) for additional Title and Escrow Services for a total Agreement amount of Sixty Thousand Dollars and No Cents ($60,000). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CHICAGO TITLE (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor Linda Hearrell Vice President/County Manager ATTEST: By: By: Susan W. Jones, MMC, City Clerk Mark Nassraway Vice President/Sales Manager APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Chicago Title Diane Bainbridge, Senior Account Manager One Better World Circle Temecula, CA 92590 909/676-3695 951/587-3795 2 FSM Initials: Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 ATTACHMENT A Introductory Statement Chicago Title offers a broad range of services. Our clientele find it important to know in these times of infinite change that the strength of Chicago Title can be relied upon for larger, more complex projects. Along with long term established staff, Chicago Title can boast the oldest plants allowing us detailed history of all properties. Our objectives are to provide our clients with the best service in a cost effective manner. We firmly believe that the most important aspect of our business is to help our clients close their transactions quickly and efficiently. Chicago Title has therefore invested millions of dollars in automation to create the most advanced systems for title and escrow in our industry. These systems provide our personnel with instant access to recorded documents, preliminary reports, title policies, escrow instructions and accounting functions. This quickly accessible information enables our clients to take control of virtually any situation which may arise involving their transactions and enables them to meet their commitments and deadlines. Our systems help our clients exceed their goals and do it more expeditiously than ever before. Staffing and Resource Availability As the nation's leader in local, national, single and multi -site title services, we can handle any one of your transactions through a number of our offices, each fully staffed with title, escrow, underwriting, engineering and customer service. The attorneys in our commercial industrial operation have extensive underwriting experience at both the local and national level. Their decision-making authority extends throughout the Western Region and they are "hands-on" in coordinating underwriting issues creativelyand quickly. Through our Customer Service Department and computer data bank we can provide title and tax information, property profiles, comparables and copies of recorded documents quickly throughout Califomia. Our special services department offers farm packages which tabulate information on specific types of property within a designated area as wellas lot book guarantees, chains of title, recorded document and plant service guarantees. We also have access to similar information in many states throughout the country, and maintain a forms library for every state. Chicago Title maintains a complete foreclosure department. We offer coordination of Trustee's Sale Guarantees and Litigation Guarantees. We are pleased to provide special reports and pricing packages for "work-out" situations upon request. Our county operations have title engineers who have technical expertise to assist in final review of ALTA surveys, verification of legal descriptions, professionally plotted easements, and final review of subdivision maps to assist you and your engineering firm. Chicago Title is a valuable resource on industry -related issues, we provide informal lectures for attorney and non -attorney customer groups on title insurance, endorsements, creditor's rights, CLTA and ALTA policy forms, loss of priority situations and foreclosures. Personal Resume Diane Bainbridge - as your account representative t have 24 years of industry experience, including both title insurance and real estate. I understand all aspects of servicing complex transactions. My job is to assist the City of Temecula and its affiliates with all aspects of customer service, title and escrow coordination. Our title team includes Cathy Berryman, title operations manager, Jeff Duns, advisory title officer, Chris Ritter, title officer, and Marie Hessom, escrow officer. Our title and escrow departments are well staffed with knowledgeable, friendly and experienced personnel. We look forward to the opportunity of working with the staff at the City of Temecula. Billing Procedures Guarantees and reports carry no promise of insurance and are billed at the time of issuance and will be accompanied by an invoice. Invoices will be sent at the time of issuance of the report or guarantee or billed through escrow when a policy is to be issued. Scope of Services Preliminary Reports a) The face page of the report shall include name, address, telephone number of issuing office, name of title officer issuingreport, title order number, client reference, and date of report. b) ' The report shall identify and describe the real estate covered via a legal description. c) The real property interest shall be stated. d) The report shall include all matters of record affecting real estate covered, including any matters the title firm may question. Clearly stated requirements for removal of said matters are addressed on commitments and can be provided upon your request. e) An assessor's map identifying the subject property will be attached to each report. f) Client shall receive two (2) copies of report. Client shall also receive a digitized version of the report via e-mail when requested and one set of schedule B documents upon request. Estimated delivery time for reports is 5 days. We will expedite the processing of any report upon client's request. If the project is extremely complex and requires additional time to complete the client will be notified and provided an estimated time of arrival. g) h) The preliminary report fee is $500. This fee will be credited to the cost of the policy of title insurance if it is issued within 12 months of the report. Additional parcels will be searched at a fee of $100 each. Litigation Guarantees a) Guarantee will include name, address, telephone number of using office, name of title officer issuing report, report order number, client reference, and date of report. b) The report shall identify and describe the real estate covered. c) The value of the report shall be stated. d) The purpose and intended action shall be stated. e) Report shall include all matters of record affecting real estate covered, including any matters the title firm may question with clearly stated requirements for removal of said matters. f) An assessor's parcel or tract map identifying the subject property will be attached to each report. 9) Client shall receive two (2) copies of report. Client shall also receive a digitized version of the report viae -mail if requested. h.) Report shall be provided to client within the specified time frame and based upon reasonable deviations due to scope and complexity. i) Litigation guarantees are priced at basic rate. Please see the attached schedule of fees. j) Once the guarantee is issued any subsequent issuance is done by a continuation guarantee to cover the filing of the Lis Pendens. A continuation guarantee will cost $100 if requested within 24 months of the initial issuance. Mapping and Engineering Services Plotted easements and engineering services are billed at $50 per hour. a) Our mapping and engineering departments are available for plotting of easements and review of legal descriptions. b) Client can be provided with color coded copies of plotted easements upon request. Parcel Maps We have the ability to provide client with personnel experienced in the process required for the recordation of parcel maps. Parcel Map Guarantees are billed at $750 each. Customer Service Department Reasonable customer service is provided at no charge. Excessive and/or complicated requests are billed at approximately $30 per hour. a) Our customer service personnel is experienced in all aspects of searching and obtaining copies of recorded documents, including those pertaining to municipal or government owned properties. b) Customer Service requests shalt be processed and copies faxed and/or e- mailed to client on the same day the request. is received or deemed reasonable based on the scope and complexity of theresearch. c) Radius' are provided at nocharge when there is a pending transaction. If there is no pending transaction the minimum fee for a radius is $300. Radius' may take up to a week due to complexity. Chain of. Title Guarantees Chain of Title Guarantees are issued at a cost of $350 plus $10 for each document in the chain. Non -guaranteed chains are billed at $30 per hour plus $10 for each document. Recordation Fees Recording fees are established by the County of Riverside. Currently those fees are: $15 for the first page of deeds $3 for each additional page $9 for most other documents $ 6 for the first page of maps $2 for each additional page These fees are passed through as charged. We do not add additional charges. Escrow Services Our escrow department is located in Temecula for your convenience. Marie Hessom has over 20 years of escrow experience and can handle in all types of transactions. She has 8 years of experience in the Temecula Valley. Our sale escrow fees per side are $200 base plus $2 per $1,000 of the sales price up to $1,000,000. All transactions over $1,000,000 are quoted in advance and agreed upon in written escrow instructions. SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND DAVID NEAULT ASSOCIATES, INC. FOR LANDSCAPE PLAN CHECK & INSPECTION SERVICES VARIOUS DEPARTMENT OF PUBLIC WORKS PROJECTS APPROVED FOR FISCAL YEAR 2011-2012 THIS SECOND AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and David Neault Associates, Inc., a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2009, the City and Consultant entered into that certain Agreement entitled "Agreement for Landscape Plan Check & Inspection Services", in the amount of $100,000. b. On June 8, 2010, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Landscape Plan Check & Inspection Services," to extend the term of the agreement to June 30, 2011, to increase the payment in the amount of $100,000, and to revise the Notices section. c. The parties now desire to extend the term of the agreement to June 30, 2012, to increase the payment in the amount of $100,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed One Hundred Thousand Dollars ($100,000) for additional Landscape Plan Check & Inspection Services for a total Agreement amount of Three Hundred Thousand Dollars and No Cents ($300,000). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 1 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA DAVID NEAULT ASSOCIATES, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT By: David S. Neault, President Peggy Newman, Office Manager David Neault Associates, Inc. 41877 Enterprise Circle North, Suite 140 Temecula, CA 92590 951/296-3430 951/296-3431 Fax Attn: David S. Neault, President FSM Initials: Date: 3 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 ATTACHMENT A David Neault Associates, Inc. Hourly rate schedule As of 03/03/2011 David Neault $145.00 per hour Principal $120.00 per hour Associate/Project Manager $95.00 per hour Draftsman $70.00 per hour Administrative Assistant $55.00 per hour Item No. 13 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: May 10, 2011 SUBJECT: Approval of Plans and Specifications and Authorization to Solicit Construction Bids for Margarita Road Right -of -Way Enhancements, Project No. PW10-04 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for Margarita Road Right - of -Way Enhancements, Project No. PW10-04. BACKGROUND: This project will landscape the public right of way areas behind the sidewalk along the east side of Margarita Road from Ramsey Court to Avenida Cima Del Sol. The improvements include landscaping, irrigation, curb, and retaining walls. These improvements will aesthetically enhance the project area. The City Council approved an appropriation of $150,000.00 on the City's FY 2011-15 Capital Improvement Program (CIP) budget towards this project. Due to the increase in scope, the total cost of the project has increased to $308,000.00. The additional required appropriation of $158,000 has been requested in the proposed FY2012-16 CIP budget. The project will not be awarded for construction until the additional appropriation is approved and the new CIP budget goes into effect. Plans and specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's Construction Estimate for the project is $245,000. FISCAL IMPACT: The Margarita Road Right -of -Way Enhancement Project is included in the City's FY11-15 Capital Improvement Program (CIP) budget and is funded with Capital Project Reserves. The additional required appropriation of $158,000 is being requested from the same funding source on the proposed FY2012-16 Capital Improvement Program (CIP) budget. Upon approval of this upcoming CIP budget, adequate funds will be available in the project accounts. ATTACHMENTS: 1. Location Map 2. Project Description THE CITY OF �r = TEMECULA 1ivxor "Old Traditions, New Opportunities" 0 Margarita Road (Ramsey Court to Avenida Cima Del Sol) c *• z T*4 I; l l III 17 ,—N_LA L-iy/CR *7 difr \-qIi D -g- % , . #0 dirk - iiiow- on 0 'Is \ ao a,*4 ...... i , >rn _rn ,..... �r villinit' 14 A 111 4111 0 Q/4ti.:r49jj1i1tWIrar#< o SDL NMI SOO 11. VP. 4V- 01° *4 41".' -t- iIPP , Po, V1A=LAS-COL-UNAS RANCH C PIO ORIONRD 0, z 850 1700 2550 ft. Map center: 6289645, 2130911 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Legend - City Streets Parcels Scale: 1:8,817 _ezity_kiTejnecrita, MARGARITA ROAD RIGHT-OF-WAY ENHANCEMENTS Parks and Recreation Project Project Description: Design and install irrigation and landscape in the right-of-way to enhance Margarita Road from Via La Vida to Avenida Sonoma. Benefit: The project will add landscaping in the right-of-way to enhance Margarita Road from Via La Vida to Avenida Sonoma. Project Status: Project is expected to be complete by fiscal year 2011. Department: Temecula Community Services—Account No. 210.190.154 Priority:, Project Cost: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost Administration $ 10,000 $ 10,000 Construction $115,000 $ 115,000 Design $ - $ 25,000 $ - $ - $ - $ - $ - $ 25,000 Totals $ - $150,000 $ - $ - $ - $ - $ - $ 150,000 Source of Funds: Actua Is to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Future Total Years Project Cost Capital Project Reserves $150,000 $ 150,000 Total Funding: $ - $150,000 $ - $ - $ - $ - $ - $ 150,000 Future Operation & Maintenance Costs: 2010-11 2011-12 2012-13 2013-14 2014-15 $ 6,250 $ 6,375 $ 6.503 $ 6,633 $ 6.765 141 Item No. 14 Approvals City Attorney Director of Finance City Manager "of- etoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 10, 2011 SUBJECT: Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Pavement Rehabilitation Program, Project Numbers PW10-05b and PW10-05d PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Pavement Rehabilitation Program, Project Numbers PW10-05b and PW10-05d. BACKGROUND: As part of the Capital Improvement Program and Budget for Fiscal Year 2010-2011, the City Council approved appropriations to support a Citywide Pavement Rehabilitation Program that would implement the recommended maintenance activities identified in the previously completed Pavement Management System (PMS). The PMS prioritized the areas in need of repairs and identified the recommended method for these repairs. Using the PMS, staff selected several locations throughout the City based on its ranking on the PMS report, economy of scale and the available budget. The following two locations were selected for rehabilitation at this time: 1. Margarita Road, Phase 1 - Rancho California Road to Avenida Barca 2. Winchester Road - Margarita Road to Nicolas Road The City Council approved an appropriation of $4,750,000 on the City's FY 2011-15 Capital Improvement Program (CIP) budget. Staff is requesting an appropriation of $5,000,000 in the proposed FY 2012-16 CIP budget. In order to construct both projects a portion of the requested appropriation for the new fiscal year will be needed. The project requiring additional funds will not be awarded for construction until the additional appropriation is approved and the new CIP budget goes into effect. Plans and specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's Construction Estimate for Margarita Road, Phase 1 and for Winchester Road is $4,540,000 and $1,596,000 respectively. FISCAL IMPACT: The Citywide Pavement Rehabilitation Program is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2011-2015 and is funded with Measure A. The additional required appropriation to construct the two projects is being requested on the proposed FY2012-16 CIP budget with funding from Measure A and Capital Projects Reserves. Upon approval of this upcoming CIP budget, adequate funds will be available in the project accounts to construct both projects.. ATTACHMENTS: 1. Location Map 2. Project Description THE CITY OF �r TEMECULA 0 Margarita Road Phase 1 i 7°7 000 I WI 41# tittiti 44 ,, ,,,, Q 7. v 4 i, . ± I t 0.11111 14,1w 4‘ z fig* I kp . 41 W G 4* I I 4 % NI • 4ti Alit i imm,;4400 ir, 1i 1 � o Iv to ine ?'Ii!1f1 11°":"701N11;1111r I I.. 4tia , iolk it ti alit 1 --,:lu____:T a au, ii2i i, tits It ,R 1 ,pts Ai 'glititii(s-_c_ : LONG -VALLEY -DR. 700 1400 2100 ft. Map center: 6294386, 2131039 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Legend - City Streets Parcels Scale: 1:7,212 THE CITY OF TEMECULA "Old Traditions, New Opportunities" 0 Winchester Road-(Roripaugh Road to Nicolas Road) 700 1400 2100 ft. Map center: 6288565, 2139973 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Legend - City Streets Parcels Scale: 1:7,212 2014-15 Gs%o Temecula, PAVEMENT REHABILITATION PROGRAM—CITYWIDE Circulation Project Project Description: Project will include the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management System. Benefit: Project will improve pavement conditions so that the transportation needs of the public, business industry, and government can be met. Project Status: This project is ongoing. Department: Public Works—Account No. 210.165.655 Priority: 1 Project Cost: Actuals to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Future Total Project Years Cost Administration $ 17 $ 158,205 $ 166,600 $ 166,600 $ 166,600 $ 166,600 $ 824,622 Construction $4,350,540 $4,581,500 $4,581,500 $4,581,500 $4,581,500 $ 22,676,540 Construction $ 5,109 $4,750,000 $2,357,012 $ 939,000 $1,036,000 $ 9,087,121 Engineering $ 43,505 $ 45,815 $ 45,815 $ 45,815 $ 45,815 $ 226,765 Design $ 5,092 $ 197,750 $ 208,250 $ 208,250 $ 208,250 $ 208,250 $ - $ 1,035,842 Totals $ 5.109 $4,750,000 $5,002,165 $5,002,165 $5,002,165 $5,002,165 $ - $24,763,769 Actuals Source of Funds: to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Future Total Project Years Cost Capital Project Reserees $2,645,153 $ 2,645,153 MeasureA $ 5,109 $4,750,000 $2,357,012 $ 939,000 $1,036,000 $ 9,087,121 Unspecified* $5,002,165 $4,063,165 $3,966,165 $ 13,031,495 Total Funding: $ 5,109 $4,750,000 $5,002,165 $5,002,165 $5,002,165 $5,002,165 $ - $24,763,769 Future Operation & Maintenance Costs: 2010-11 2011-12 2012-13 *Project cannot be constructed until a funding source is identifed. 69 2013-14 N/A Item No. 15 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: May 10, 2011 SUBJECT: Cityof Temecula Traffic Impact Analysis Guidelines PREPARED BY: Jerry Gonzalez, Associate Engineer - Traffic RECOMMENDATION: That the City Council: Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING TRAFFIC IMPACT ANALYSIS GUIDELINES, DATED MAY 2011 BACKGROUND: Since incorporation, the City has used the County of Riverside's Traffic Impact Analysis Preparation Guide for assessing potential traffic and circulation impacts of proposed development projects. The County's guide defines the format and methodology to be used in the preparation of a traffic impact analysis document. To some extent the County's methodology has fulfilled the City's needs. On occasions, additions and modifications, not included in the guidelines, have been required to address specific impacts. The purpose of the City's proposed guidelines is to develop a standard format and methodology, which addresses the City's specific needs but remains consistent with County's proven methodology. The proposed format and methodology changes are as follows: • Preparation of a Focused Traffic Study may be required for less intensive developments such as Plot Plans, Public Use Permits, Conditional Use Permits and other developments, • Revisions to the Traffic Impact Analysis exemptions. • The traffic impact scenarios will include an evaluation of existing plus project and project opening year conditions. • Based on the results of a level of service analysis, mitigation measures will be required at intersections operating at Level of Service (LOS) "E" or "F" that will experience a delay of 2.0 seconds or greater with project traffic. • Based on the requirements of the Old Town Specific Plan, the level of service thresholds have been revised to allow LOS "F" on Old Town Front Street. • The mitigation measures have been revised to include project "fair share" mitigation based on a percentage of traffic impact at each study intersection. Also included in the proposed guidelines is a scoping agreement for the preparation of a Focused Traffic Study and Traffic Impact Analysis, a description of the required format for the preparation of the report document, and revised input parameters for the analysis of signalized intersections. At their meeting of January 26, 2011, the Public Works Committee considered the proposed guidelines and directed staff to process the Traffic Impact Analysis Guidelines through the Public/Traffic Safety Commission, Planning Commission and the City Council. As directed, the proposed guidelines were considered by the Public/Traffic Safety Commission at their meeting of February 24, 2011, and the Planning Commission at their meeting of March 6, 2011. Both Commissions are recommending the City Council adopt the guidelines. Several questions were received at each Commission meeting regarding the implementation and methodology of the proposed guidelines. Specifically, the following questions were asked: 1. Will the new Traffic Impact Analysis Guidelines have an impact on the development community? Answer: The new guidelines will not create a financial impact to the development community. The proposed methodology is currently required by the City, when preparing a Traffic Impact Analysis or Focused Traffic Study. 2. Are the City's guidelines different that those contained County's Traffic Impact Analysis Preparation Guide? Answer: Aside from the added changes, the new guidelines are consistent with the County's guidelines. 3. Will the City's guidelines be incorporated into the County's Traffic Impact Analysis Preparation Guide? Answer: The City's guidelines are meant to be a "stand alone" document. FISCAL IMPACT: ATTACHMENTS: 1. Resolution No. 11 - No fiscal impact associated with the recommended action. RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING TRAFFIC IMPACT ANALYSIS GUIDELINES, DATED MAY 2011 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council has considered the facts justifying the need for traffic impact analysis methodology that specifically addresses the needs of the City of Temecula. A. The City Council hereby finds and determines that the Traffic Impact Analysis Guidelines provide a standard format and methodology for assessing potential traffic and circulation impacts of proposed development projects in the City of Temecula, B. The City Council hereby finds that adoption of the Traffic Impact Analysis Guidelines addresses the needs of the City of Temecula. Section 2. The City Council hereby adopts the Traffic Impact Analysis Guidelines, dated as of May 2011, in substantially the form submitted to the City Council and are on file in the Office of the City Clerk. Section 3. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of May, 2011. Ron Roberts, 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. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of May, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 16 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: May 10, 2011 SUBJECT: Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Library Parking Expansion, Project Number PW08-07 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Library Parking Expansion, Project Number PW08-07. BACKGROUND: In order to meet the parking demand of the Temecula Library on Pauba Road, the design of the Library Parking Expansion, Project Number PW08-07 was initiated. This project will widen the north side of Pauba Road, adjacent to the library, to allow on -street parking. The widening will extend from approximately 500 feet west of the library entrance to approximately 1000 feet east of it. The limits of the widening will add 36 on -street parking spaces for use by library patrons. Construction includes asphalt concrete pavement and aggregate base, new curb, gutter and sidewalk, minor retaining walls, and plastic fence. Plans and specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's Construction Estimate for the project is $245,000. FISCAL IMPACT: The Library Parking Expansion project is identified in the City's Capital Improvement Program, Fiscal Years 2011-2015 and is funded with DIF (Library) and Capital Projects Reserves. Adequate funds are available in the project accounts. ATTACHMENTS: 1. Location Map 2. Project Description . 01:10 Gitr�ie uta, LIBRARY PARKING LOT EXPANSION Infrastructure Project Location 102 2012-13 2010-11 LIBRARY PARKING LOT EXPANSION Infrastructure Project Project Description: Study, design, and construct alternatives to provide additional parking for the Temecula Library. Alternatives to include widening Pauba Road on the north side along the Library and the Fire Station to provide a parking bay for on -street parking. This alternative will be designed and constructed during the first funding year. In addition, an alternative to expand the current on-site parking will be studied for future construction consideration. Benefit: Project will provide additional parking for library patrons, meetings, and special programs. Project Status: This project has not yet started. Design and implementation of on -street parking alternative is expected to be complete by end of fiscal year 2011. Department: Temecula Community Services / Public Works—Account No. 210.190.153 Priority: 1 Project Cost: Actuals to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Future Total Years Project Cost Administration $ 40,000 $ 180,000 $ 220,000 Construction $ 21,654 $ 250,000 $1,180,887 $ 1,430,887 Construction $ 400,000 $1,191,746 $ 1,591,746 Engineering $ 40,000 $ 319,141 $ 40,000 Design $ 21,654 $ 70,000 $ - $ - $ - $ - $ 150,000 $ 241,654 Totals $ 21,654 $ 400,000 $ - $ - $ - $ - $1,510,887 $ 1,932,541 Source of Funds: Actuals to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Future Total Years Project Cost Capital Project Reserves $ 21,654 $ 21,654 DIF(Library) $ 400,000 $1,191,746 $ 1,591,746 Unspecified* $ 319,141 $ 319,141 Total Funding: $ 21,654 $ 400,000 $ - $ - $ - $ - $1,510,887 $ 1,932,541 Future Operation & Maintenance Costs: 2011-12 *Project cannot be constructed until a funding source is identified. 103 2013-14 2014-15 $ 5,000 $ 5,100 $ 5,202 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 17 ACTION MINUTES of APRIL 19, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:43 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS No public comments. CSD CONSENT CALENDAR 10 Action Minutes - Approved Staff Recommendation (5-0-0) — Director Edwards made the motion; it was seconded by Director Roberts and electronic vote reflected unanimous approval RECOMMENDATION: 10.1 Approve the action minutes of April 5, 2011. 11 TCSD Proposed Rates and Charges for FY 2011-2012 - Approved Staff Recommendation (5-0-0) — Director Edwards made the motion; it was seconded by Director Roberts and electronic vote reflected unanimous approval RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. CSD 11-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2011-2012 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH CSD DEPARTMENTAL REPORT CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD Action Minutes1041911 1 CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:44 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, May 10, 2011, at 5:30 PM., for a Closed Session, with regular session commencing at 7:00 P.M., in the City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes\041911 2 Item No. 18 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: May 10, 2011 SUBJECT: Fourth Amendment to the Roof Preventive Maintenance Services Agreement with Tremco/Weatherproofing Technologies, Inc. for Fiscal Year 2011-2012 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: 1. Approve the Fourth Amendment with Tremco/Weatherproofing Technologies, Inc. for $27,416 to provide preventive roof maintenance services at the various locations and extend the Agreement to June 30, 2012. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for Roof Preventive Maintenance Services on June 27, 2007. The TCSD received one (1) proposal from Tremco/Weatherproofing Technologies, Inc. A one (1) year Contract with the option of four (4) one-year extensions was awarded to Tremco/Weatherproofing Technologies, Inc., effective August 14, 2007 thru June 30, 2008 in the amount of $50,000. Based on staff recommendation the Board of Directors approved the First Amendment on June 10, 2008 which authorized the first one (1) year extension in the amount of $29,800. The Second Amendment was approved on May 12, 2009 which authorized the second one (1) year extension in the amount of $27,416. The Third Amendment was approved on July 13, 2010 which authorized the third one (1) year extension in the amount of $27,416.The Fourth Amendment is now being requested to authorize the fourth one (1) year final extension as permitted per the original contract. The cost to provide roof preventive maintenance services for fiscal year 2011-2012 is $27,416.This additional year of service will increase the total contract amount to $162,048. FISCAL IMPACT: The amount to provide roof preventive maintenance services is $27,416. Sufficient funds have been included in the proposed Annual Operating Budget for Fiscal Year 2011 — 2012 in the appropriate expenditure accounts. ATTACHMENTS: 1) Amendment No 4. R:\SIRE REPORTS ET AL\Maintenance\Agenda Reports 2011 - 2012\Tremco 2011- 2012.doc FOURTH AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TREMCOIWEATHERPROOFING TECHNOLOGIES, INC FOR ROOF PREVENTIVE MAINTENANCE SERVICES THIS FOURTH, AMENDMENT is made and entered into as of May 10, 2011 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and TremcolWeatherproofing Technologies, Inc. a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On August 14, 2007 the City and Contractor entered into that certain Agreement entitled "Agreement for Roof Preventive Maintenance Services", in the amount of $50,000. b. On June 10, 2008 the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Roof Preventive Maintenance Services," to add scope of work, extend the term of the agreement to June 30, 2009 increase the payment in the amount of $29,800. c. On May 12, 2009 the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for Roof Preventive Maintenance Services," to add scope of work, extend the term of the agreement to June 30, 2010 increase the payment in the amount of $27,416. d. On July 13, 2010 the City and Contractor entered into the Third Amendment to that certain Agreement entitled "Agreement for Roof Preventive Maintenance Services," to add scope of work, extend the term of the agreement to June 30, 2011 increase the payment in the amount of $27,416. e. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2012, increase the payment in the amount of $27,416 and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Fourth Amendment 1 amount shall not exceed Twenty Seven Thousand Four Hundred Sixteen Dollars ($27,416) for additional roof preventive maintenance services for a total Agreement amount of One Hundred Sixty Two Thousand Forty Eight Dollars ($162,048). 4. Section 23 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Tremco/Weatherproofing Technologies, Inc DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, TCSD President Deryl W. Kratzer, President ATTEST: By: By: Susan W. Jones, MMC, City Michael J. Drumm, Treasurer Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Tremco/Weatherproofing Technologies, Inc Contact Person: Ryan Tolsma 3735 Green Rd. Beachwood, OH 44122 Phone Number: (800) 852-6013 Fax Number: (951) 736-5662 www.tremcoroofing.com 3 FSM Initials: Date: ATTACHMENT "A" EXHIBIT B CITY OF TEMECULA PAYMENT RATES AND SCHEDULE This new price includes an 8% discount for Fiscal Year 2011-2012 LOCATIONS PRICE PER 2011-2012 CITY HALL, 43200 Business Park Drive $2,374.52 TEMECULA VALLEY MUSEUM, 28314 Mercedes Street $879.52 MARY PHILLIPS SENIOR CENTER, 41845 6th Street $949.44 CHAPEL OF MEMORIES, 28300 Mercedes Street $879.52 TEMECULA COMMUNITY CENTER, 28816 Pujol Street $879.52 TEMECULA CHILDREN'S MUSEUM, 42081 Main Street $1,978.92 COMMUNITY RECREATION CENTER, 30875 Rancho Vista Road $3,491.40 FIRE STATION 84, 30650 Pauba Road $1,532.72 MAINTENANCE FACILITY, 43100 Business Park Drive $879.52 FIRE STATION 73, 27415 Enterprise Circle West $1,978.92 OLD TOWN COMMUNITY THEATER, 42051 Main Street $6,710.48 TEMECULA PUBLIC LIBRARY, 30600 Pauba Road $3,041.52 FIELD OPERATION CENTER 43200 Business Park Drive $1,840.00 ATTACHMENT "A" EXHIBIT "B" (Continue) ALTERNATE BID ITEMS -For repair or extra work authorized by District MARK-UP ADDED TO CONTRACTOR'S WHOLESALE PRICE OF PARTS & EQUIPMENT 25% HOURLY RATE PER REGULAR MAN HOUR-8am To 5pm Monday through Friday $93.75* HOURLY RATE PER OVERTIME MAN HOUR -After-hours, Weekends, Holidays, etc. $93.75* *Billed in half day increments, minimum one half day. Contractor's Signature 5 Item No. 19 Approvals City Attorney Director of Finance City Manager "of- etoL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 10, 2011 SUBJECT: Third Amendment with Computer Alert Systems, Inc. for Fire and Security Systems Monitoring, for Fiscal Year 2011 - 2012 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: 1. Approve the Third Amendment with Computer Alert Systems, Inc. for Alarm Monitoring, Inspection, and Repair Services in the amount of $25,000.00 for Fiscal Year 2011-2012. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for Alarm Monitoring, Inspection and Repair Services on March 20, 2008. TCSD received three (3) proposals, which were evaluated to determine the qualifications and competitiveness of each Vendor to provide Alarm Monitoring, Inspection and Repair Services. Central Security Services was the lowest bidder, but withdrew their proposal because they could not meet all of the RFP requirements. Computer Alert Systems, Inc. was determined to be the second lowest qualified bidder to provide the required services for Alarm Monitoring, Inspection and Repair Services. A one (1) year Contract with the option of three (3) one-year extensions was awarded to Computer Alert Systems, Inc., effective July 1, 2008 thru June 30, 2009 in the amount of $37,700.00. The First Amendment was approved on May 12, 2009 in order to extend the term of the Agreement and increase the payment for additional services in the amount of $22,700.00. The Second Amendment was approved May 11, 2010 is order to extend the term of the Agreement and increase the payment for additional services in the amount of $25,000. The Third Amendment now requested to authorize the third one (1) year extension as permitted per original contract. The cost to provide alarm monitoring, inspection and repair services for Fiscal Year 2011-2012 is $20,160 and an estimated $4,840 is being requested for repairs and additional supplemental services. This additional year of service will increase the total contract amount to $110,400. C:\Program Files\Neevia.Com\Document Converter\temp\997572.doc FISCAL IMPACT: The amount to provide Fire and Alarm Monitoring Services is $25,000. Sufficient funds have been included in the proposed Annual Operating Budget for Fiscal Year 2011 — 2012 in the appropriate expenditure accounts. ATTACHMENTS: 1) Amendment No. 3 0 Program Files\Neevia.Com\Docurnent Converter\ternp1997572doc THIRD AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND COMPUTER ALERT SYSTEMS, INC FOR FIRE AND SECURITY SYSTEMS MONITORING THIS THIRD AMENDMENT is made and entered into as of May 10, 2011 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City''), and Computer Alert Systems, Inc, a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2008 the City and Contractor entered into that certain Agreement entitled "Agreement Alarm Monitoring, Inspection and Repair Services" in the amount of $37,700. b. On May 12, 2009 the City and Contractor entered into the First Amendment to that certain Agreement entitled " Agreement Alarm Monitoring, Inspection and Repair Services" to add scope of work, extend the term of the agreement to June 30, 2010, increase the payment in the amount of $22,700. c. On May 11, 2010 the City and Contractor entered into the Second Amendment to that certain Agreement entitled " Agreement Alarm Monitoring, Inspection and Repair Services" to add scope of work, extend the term of the agreement to June 30, 2011, increase the payment in the amount of $25,000. d. The parties now desire to extend the term and increase the payment of the Agreement in the amount of $25,000 and amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM' is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement." 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: "The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Third Amendment amount shall not exceed Twenty Five Thousand Dollars and no Cents ($25,000) for additional alarm monitoring, inspection and repair services for a total Agreement amount of One Hundred Ten Thousand Four Hundred Dollars ($110,400)." R.\SIRE REPORTS ET AL1Maintonance\Amendments 2011 - 20121Computer Alert Third Amendment doc 051011-doc 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party Under this Agreement must be in writing and may be given by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service of United States Mail as provided above. Mailing Address: Use this Address for a Delivery Service: or Hand -Deliveries ONLY City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 City of Temecula Attn: Temecula Community Services District 41000 Main Street Temecula, CA 92590" 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R \SIRE REPORTS ET AL\Malntenance\Amendments 2011 - 20121Computer Alert Third Amendment.doc 051011.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Computer Alert Systems, Inc. DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, TCSD President Michael C. Lynch, President ATTEST: By: By: Susan W. Jones, MMC, City Norma C. Duarte, Office Manager Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Computer Alert System, Inc. Michael C. Lynch 27570 Commerce Center Dr. Suite 119 (951) 676-6880 Temecula CA, 92590 R:ISIRE REPORTS ET ALV Maintenance\Amendments 2011 - 20121Computer Alert Third Amendment doc 051011.doc FSM Initials; " Date: •'fa ATTACHMENT "A" EXHIBIT "B" CITY OF TEMECULA PAYMENT RATES AND SCHEDULE PRICING SHEET FACILITY LOCATION Monthly Fee Fire System Monitoring & Inspection Monthly Fee Security System Monitoring Yearly Total Fee Per Location Monitoring & Inspection City Hall, 43200 Business Park Drive $55.00 $40.00 $1,140.00 Maintenance Facility, 43210 Business Park Drive $55.00 $40.00 $1,140.00 Community Recreation Center, 30875 Rancho Vista Road $55.00 $40.00 $1,140.00 Temecula Community Center, 28816 Pujol Street $55.00 $40.00 $1,140.00 Mary Phillips Senior Center, 41845 6th Street $55.00 $40.00 $1,140.00 Temecula Valley Museum, 28314 Mercedes Drive $55.00 $40.00 $1,140.00 Temecula Children's Museum, 42801 Main Street $55.00 $40.00 $1,140.00 Old Town Community Theater 42051 Main Street $80.00 $40.00 $1,440.00 Temecula Public Library 30600 Pauba Rd. $100.00 $40.00 $1,680.00 Patricia Birdsall Sports Park 31621 Deer Hollow Way $80.00 $40.00 $1,440.00 Temecula Wedding Chapel, 28300 Mercedes Drive $55.00 $40.00 $1,140.00 R'\SIRE REPORTS ET AL\Maintenance1Amendments 2011 - 2012\Computer Alert Tnird Amendment doc 05 0 1.doc ATTACHMENT "A" EXHIBIT "B" CONTINUED 6th Street Restroom/Parking Lot, 41952 6th Street N/A $40.00 $480.00 Field Operations Center 43230 Business Park Drive $80.00 $40.00 $1,440.00 Roripaugh Ranch Fire Station $80.00 $55.00 $1,620.00 Civic Center Main St. $55.00 $40.00 $1,140.00 Civic Center Parking Garage Mercedes St. $55.00 N/A $660.00 RRSP Skate Park 30875 Rancho Vista Rd. N/A $40.00 $480.00 Temecula Community Center — S.A.F.E. Building Pujol St. $55.00 N/A $660.00 Total $20,160.00 ALTERNATE BID ITEMS -For repair or extra work authorized by City MARK-UP ADDED TO VENDOR'S WHOLESALE PRICE OF PARTS & EQUIPMENT 40% HOURLY RATE PER REGULAR MAN HOUR-8am To 5pm Monday through Friday $75.00 HOURLY RATE PER OVERTIME MAN HOUR -After- hours, Weekends, Holidays, etc. $95.00 Contractor's Signature R:ISIRE REPORTS ET AL1Maintenance Amendments 2011 •20121Computer Alert Third Amendment dee 0510t 1.dec Item No. 20 Approvals City Attorney Director of Finance City Manager "of- etoL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 10, 2011 SUBJECT: First Amendment to the City Facilities Janitorail Service Agreement with Able Building Maintenance Company, Inc. for Fiscal Year 2011 - 2012 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: 1. Approve the First Amendment with Able Building Maintenance Company, Inc. in the amount of $70,000 for City Facilities Janitorial Service for Fiscal Year 2011 - 2012. BACKGROUND: On March 12, 2010 the Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for City Facility Janitorial Services. The TCSD received thirty five (35) proposals, which were evaluated to determine the qualifications and competitiveness of each Vendor to provide Facility Janitorial Services. Able Building Maintenance Company, Inc. was determined to be the best qualified firm with the most cost effective proposal. A one (1) year Contract with option of four (4) one-year extension was awarded to Able Building Maintenance Company, Inc. effective July 1, 2010 thru June 30, 2011 in the amount of $60,000. The First Amendment is now requested to authorize the first one (1) year extension as permitted per original contract. The cost to provide Facility Janitorial Services for Fiscal Year 2011 - 2012 is $48,924 and an estimated $21,076 is being requested for non - scheduled janitorial maintenance services. This additional year of service will increase the total contract amount to $130,000. FISCAL IMPACT: The amount to provide Facility Janitorial Service is $70,000. Sufficient funds have been included in the proposed Annual Operating Budget for FY 2011 — 2012 in the appropriate expenditure accounts. ATTACHMENTS: 1) Amendment No 1 R:\SIRE REPORTS ET AL\Maintenance\Agenda Reports 2011 - 2012\Agenda Able Building Maintenance 2011 - 2012.doc FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND ABLE BUILDING MAINTENANCE COMPANY, INC. FOR CITY FACILITY JANITORIAL SERVICE THIS FIRST AMENDMENT is made and entered into as of May 10, 2011 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Able Building Maintenance Company. Inc., a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On May 25, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for City Facility Janitorial Service", in the amount of $60,000. b. The parties now desire to, extend the term of the agreement to June 30, 2012, increase the payment in the amount of $70,000 and amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Seventy Thousand Dollars ($70,000) for additional City Facility Janitorial Service, for a total Agreement amount of One Hundred Twenty Thousand Dollars ($130,000). 4. Section 21 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of C:\Program Files\Neevia.Com\Document Converter\temp\997577.doc delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. C:\Program Files\Neevia.Com\Document Converter\temp\997577.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Able Building Maintenance Company, Inc. DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, TCSD President Steve Selock, Vice President ATTEST: By: By: Susan W. Jones, MMC, City Jeffrey C. Marquis, Executive Vice Clerk/Board Secretary President APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Able Building Maintenance Company, Inc. Contact Person: Isaiah Vair 3300 West MacArthur Blvd. Santa Ana, CA 92704 Phone Number: (714) 434-9494 Fax Number: (714) 434-6171 C:\Program Files\Neevia.Com\Document Converter\temp\997577.doc FSM Initials: Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE FACILITY LOCATION SQ. FT. ADDRESS PRICE PER MONTH PER. SQ. FT."" TOTAL PRICE PER MONTH TOTAL PRICE PER YEAR DAYS OF SERVIC E Temecula Community Center 5,900 28816 Pujol St. $.067 $395.30 $4,743.60 7 Days Mary Phillips Senior Center 6,148 41845 6th St. $.067 $411.92 $4,943.04 7 Days Temecula Valley Museum 7,200 28314 MercedesSt. $.067 $482.40 $5,788.80 7 Days Imagination Workshop 7,600 42081 Main St. $.067 $509.20 $6,110.40 7 Days Temecula Public Library 34,003 30620 Pauba Road $.067 $2,278.20 $27,338.40 7 Days SUBTOTAL $4,077.02 $48,924.24 ** The price per Sq. Ft. will be used as a basis for establishing a price for custodian services of any new facility, of similar use, that maybe added to this contract during its term. Please note: The City reserves the right to select a Vendor to perform all of the work identified in the RFP, or only selected portion based on price and/or other factors. ADDITIONAL SERVICE ITEMS DESCRIPTION SCOPE OF WORK HOURLY RATE Per Man Regular Hour Per Man Over Time Per Man Holiday Provide Additional General Janitorial Maintenance Services for Special Events Request by The City Representative. Provide Specified general janitorial maintenance services, such as cleaning office kitchens, office or recreation building restrooms, hallways, multipurpose rooms, etc. $12.50 $18.75 $25.00 Contractor's Signature C:\Program Files\Neevia.Com\Document Converter\temp\997577.doc Item No. 21 Approvals City Attorney Director of Finance City Manager "of- etoL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 10, 2011 SUBJECT: Second Amendment to the HVAC Maintenance Services Agreement with Alpha Mechanical Service & Engineering for Heating and Air Conditioning Services for Fiscal Year 2011-2012 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: 1. Approve the Second Amendment with Alpha Mechanical Service & Engineering for Heating and Air Conditioning Maintenance Services in the amount of $50,000 for Fiscal Year 2011 — 2012. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for HVAC Preventative Maintenance and Repair Services on April 6, 2009. The TCSD received twelve (12) proposals, which were evaluated to determine the qualifications and competitiveness of each Vendor to provide Heating and Air Conditioning Maintenance Services and Repairs. A one (1) year Contract with option of three (3) one-year extension was awarded to Alpha Mechanical Service & Engineering effective July 1, 2009 thru June 30, 2010 in the amount of $55,825. The First Amendment was approved on May 11, 2010 in order to extend the term of the Agreement and increase the payment for additional services in the amount of $66,112. The Second Amendment is now requested to authorize the second one (1) year extension as permitted per original contract. The cost to provide Heating and Air Conditioning Maintenance Services for Fiscal Year 2011-2012 is $26,112 and an estimated $23,888 is being requested for repairs and additional supplemental services. This additional year of services will increase the total contract amount to $171,937. FISCAL IMPACT: The amount to provide HVAC Maintenance Services is $50,000. Sufficient funds have been included in the proposed Annual Operating Budget for FY 2011 — 2012 in the appropriate expenditure accounts. ATTACHMENTS: 1) Amendment No.2 R:ISIRE REPORTS ET AL1MaintenancelAgenda Reports 2011-20121AIpha Machanical Service & Engineering 2011-2012.doc SECOND AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND ALPHA MECHANICAL SERVICE & ENGINEERING, INC FOR HEATING & AIR CONDITIONING SERVICE THIS SECOND AMENDMENT is made and entered into as of May 10, 2011 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Alpha Mechanical Service & Engineering, Inc, a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 9, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Heating and Air Conditioning Maintenance Service", in the amount of $55,825. b. On May 11, 2010, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Heating & Air Conditioning Maintenance Services," to add scope of work, extend the term of the agreement to June 30, 2011, increase the payment in the amount of $66,112. c. The parties now desire to, extend the term of the agreement to June 30, 2012, increase the payment in the amount of $50,000 and amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Ag ree me nt. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed Fifty Thousand Dollars ($50,000) for additional heating and air conditioning service, for a total Agreement amount of One Hundred Seventy One Thousand Nine Hundred Thirty Seven Dollars ($171,937). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: 1 "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Alpha Mechanical Service & Engineering, Inc DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, TCSD President Mark Swearingen, President ATTEST: By: By: Susan W. Jones, MMC, City James Egan, Vice President Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Alpha Mechanical Service & Engineering, Inc Contact Person: Tricia McAvoy 4885 Greencraig Lane San Diego, CA 92123 Phone Number: (866) 939-0888 Fax Number: (858) 279-1300 3 FSM Initials: Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE DESCRIPTION PRICE PER VISIT* PRICE PER YEAR CITY HALL HVAC $1,075.00 $3,225.00 MAINTENANCE FACILITY HVAC $262.00 $786.00 FOC. FIELD OPERATIONS CENTER HVAC $283.00 $849.00 COMMUNITY RECREATION CENTER HVAC $800.00 $2,400.00 TEMECULA COMMUNITY CENTER HVAC $120.00 $360.00 MARY PHILLIPS SENIOR CENTER HVAC $235.00 $705.00 TEMECULA VALLEY MUSEUM HVAC $150.00 $450.00 CHAPEL OF MEMORIES HVAC $50.00 $150.00 TEMECULA CHILDREN'S MUSEUM HVAC $201.00 $603.00 FIRE STATION 84 HVAC $211.00 $633.00 FIRE STATION 92 HVAC $292.00 $876.00 FIRE STATION 73 HVAC $58.00 $174.00 FIRE STATION 95 HVAC $58.00 $174.00 HARVESTON COMMUNITY PARK HVAC $72.00 $216.00 OLD TOWN COMMUNITY THEATER HVAC $299.00 $897.00 TEMECULA VALLEY LIBRARY HVAC $729.00 $2,187.00 PATRICIA H. BIRDSALL PARK HVAC $133.00 $399.00 TEMECULA COMMUNITY CENTER "B" HVAC $97.00 $291.00 OLD TOWN AUDIO CABINETS HVAC $150.00 $450.00 4 ATTACHMENT "A" EXHIBIT "B" (Continued) OLD TOWN PARKING GARAGE $305.00 $915.00 CIVIC CENTER TOWN SQUARE $3,124.00 $9,372.00 HOURLY RATE PER OVERTIME MAN HOUR -After-hours, Weekends, Holidays, etc. $26,112.00 * Three visits per fiscal year ALTERNATE BID ITEMS -For repair or extra work authorized by City MARK-UP ADDED TO CONTRACTOR'S WHOLESALE PRICE OF PARTS & EQUIPMENT 25% HOURLY RATE PER REGUALR MAN HOUR-8am To 5pm Monday through Friday $80.00 HOURLY RATE PER OVERTIME MAN HOUR -After-hours, Weekends, Holidays, etc. $120.00 Contractor's Signature: 5 Item No. 22 Approvals City Attorney Director of Finance City Manager "of- etoL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 10, 2011 SUBJECT: First Amendment to the Elevator Services and Monitoring Agreement with ThyssenKrupp Elevator for Fiscal Year 2011 - 2012 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: 1. Approve the First Amendment with ThyssenKrupp Elevator in the amount of $16,800.00 for Elevator Services and Monitoring for Fiscal Year 2011 - 2012. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for all City elevators, to provide inspection, monitoring and repair services on March 12, 2010.The TCSD received five (5) proposals, which were evaluated to determine the qualifications and competitiveness of each Vendor to provide elevator maintenance services. ThyssenKrupp Elevator was determined to be the best qualified firm with the most cost effective proposal. A one (1) year Contract with option of three (3) one-year extension was awarded to ThyssenKrupp Elevator effective July 1, 2010 thru June 30, 2011 in the amount of $35,000.00. The First Amendment is now requested to authorize the first one (1) year extension as permitted per original contract. The cost to provide inspection and monitoring services for Fiscal Year2011 -2012 is $16,800.00. This additional year of service will increase the total contract amount to $51,800.00 FISCAL IMPACT: The amount to provide Elevator Maintenance Service is $16,800. Sufficient funds have been included in the proposed Annual Operating Budget for FY 2011 — 2012 in the appropriate expenditure accounts. ATTACHMENTS: 1) Amendment No 1 R:\SIRE REPORTS ET AL\Maintenance\Agenda Reports 2011 - 2012\Agenda Report Elevator 2011 - 2012.doc FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND THYSSENKRUPP ELEVATOR CORPORATION FOR ELEVATOR MAINTENANCE AND MONITORING SERVICE THIS FIRST AMENDMENT is made and entered into as of May 10, 2011 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and ThyssenKrupp Elevator Corporation, a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On May 25, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Agreement for Elevator Maintenance and Monitoring Service", in the amount of $35,000.00 b. The parties now desire to, extend the term of the agreement to June 30, 2012, increase the payment in the amount of $16,800 and amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Sixteen Thousand Eight Hundred Dollars ($16,800) for additional elevator maintenance and monitoring service, for a total Agreement amount of Fifty One Thousand Eight Thousand Dollars ($51,800). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt C:1Program Files\Neevia.Com\Ddcument converterltemp1997581.doc showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. C:1Program Files\Neevia.Com\Ddcument converterltemp1997581.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES THYSSENKRUPP ELEVATOR DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, TCSD President Robbie Elrod, Contract Analyst ATTEST: By: By: Susan W. Jones, MMC, City Steven Norris, Contract Analyst Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR ThyssenKrupp Elevator Contact Person: Jim Shurtz 1601 S. Sunkist St. Suite E Anaheim, CA 92806 Phone Number: (866) 939-0888 Fax Number: (866) 768-8620 www.thyssenkruppelevator.com C:\Program Files\Neevia.Com\Do"bument converter\temp1997581.doc FSM Initials: Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE ELEVATOR LOCATION ADDRESS ELEVATOR NAME NUMBER OF FLOOR STOPS PRICE PER MONTH PRICE PER YEAR City Hall 43200 Business Park Drive Montgomery Model: S411-95 2 $120.00 $1,440.00 Maintenance Facility 43210 Business Park Drive GMS Elevator/ Elevator Controls Corp. H-800 2 $120.00 $1440.00 Temecula Valley Museum 28314 Mercedes Drive Westcon Motion Control Eng. HMC -1000 PHC 2 $120.00 $1,440.00 Community Recreation Center 30875 Rancho Vista Road Porch -Lift Model L0194WL 2 $40.00 $480.00 Old Town Community Theater 42051 Main Street Mitsubishi Model: HMC 1000 3 $120.00 $1,440.00 Old Town Community Theater 42052 Main Street Genesis -Lift Model: 139737 2 $40.00 $480.00 Maintenance Facility -Field Operations Center 43230 Business Park Drive Mitsubishi Model: IDH -M -L2 2 $120.00 $1,440.00 Civic Center Town Square 41000 Main St Otis (3) Elevators 3 $360.00 $4,320.00 Old Town Parking Garage 41000 Main St. Schindler (3) Elevators 1 Elev. 2 stops 2 Elev. 5 stops $360.00 $4,320.00 Total $1,400.0 0 $16,800.0 0 C:1Program Files\Neevia.Com\Ddcument converterltemp1997581.doc EXHIBIT "B" CONTINUED DESCRIPTION SCOPE OF WORK PRICE PER ELEVATO R PER MONTH PRICE PER YEAR Monitoring Elevator Emergency Phone This monthly fee should include cost to re - program phone, repairs and monthly monitoring fee Annual Price Include Monitoring Elevator Emergency Phone Fee Annual Price Include Monitoring Elevator Emergency Phone Fee Mark-up added to Contractor's wholesale price of parts & equipment 25% ADDITIONAL SERVICES ITEMS DESCRIPTION SCOPE OF WORK PREMIUM PORTION OF HOURLY RATE ONLY* Premium portion of If City requires work covered by overtime hourly rate this Maintenance Contract to be per man for routine performed outside of the Vendors Monday- Friday: $139.00 per mechanic hr maintenance and normal business hours (8:OOam — emergency repairs 5:OOpm). The rate shown is the Saturdays: $139.00 per mechanic hr requested by City premium portion of the overtime outside of Vendor's rate which would be paid by City. Sunday & Holidays: $188.00 per mechanic hr normal business Vendor will absorb the straight hours time portion of the overtime hourly rate. *Premium Portion of the hourly rate is the difference between any overtime rates less "normal straight time hourly rate." C:1Program Files\Neevia.Com\Ddcument converterltemp1997581.doc EXHIBIT "B" CONTINUED DESCRIPTION SCOPE OF WORK HOURLY RATE Normal hourly rate for Hourly rate charged by vendor for work performed by repairs requested by City which Normal straight time rate: $198 per mechanic hr & $337 per Vendor for repairs outside the scope of are not covered in Exhibit A team hr* Exhibit A Overtime rate: $337 per mechanic hr & $573 per team hr* Saturdays rate: $337per mechanic hr & $573 per team hr Sunday & Holidays rate: $386 per mechanic hr & $657per team hr * Team equals Mechanic rate plus helper rate. Contractor's Signature C:\Program Files\Neevia.Com\Ddcument converterltemp1997581.doc Item No. 23 Approvals City Attorney Director of Finance City Manager "of- etoL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 10, 2011 SUBJECT: Fourth Amendment with Arch Chemicals, Inc. formerly Marine Biochemists for Water Management/Maintenance Services for Fiscal Year 2011 - 2012 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: 1. Approve the Fourth Amendment with Arch Chemicals, Inc. formerly Marine Biochemist, in the amount of $46,800 for Water Management/Maintenance Services at the Harveston Lake Park and Temecula Duck Pond for Fiscal Year 2011-2012. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for Water Management/Maintenance Services for Harveston Lake Park and Temecula Duck Pond on March 20, 2008. TCSD received three (3) proposals, which were evaluated to determine the qualifications and competitiveness of each Vendor to provide Water Management/Maintenance Services. Arch Chemicals, Inc. formerly Marine Biochemist was determined to have provided the most qualified proposal for the Water Management/Maintenance Services. A one (1) year Contract with the option of three (3) one-year extensions was awarded to Arch Chemicals, Inc. effective July 1, 2008 thru June 30, 2009 in the amount of $83,200. The First Amendment was approved on October 9, 2008 in order to change the Company name. Marine Biochemist was changed to Arch Chemicals, Inc. The Second Amendment was approved on May 12, 2009 in order to extend the term of the Agreement and increase the payment for additional services in the amount of $68,260. The Third Amendment was approved on May 11, 2010 in order to extend the term of the Agreement and increase the payment for additional services in the amount of $46,800. The Fourth Amendment is now requested to authorize the fourth one (1) final extension as permitted per original contract. The cost to provide water management/maintenance services for Fiscal Year 2011 — 2012 is $46,800. This additional year of service will increase the total contract amount to $245,060. FISCAL IMPACT: The amount to provide water management/maintenance services is $46,800. Sufficient funds have been included in the proposed Annual Operating Budgets for Fiscal Year 2011 — 2012 in the appropriate expenditure accounts. ATTACHMENTS: 1) Amendment No. 4 R:ISIRE REPORTS ET AL\Maintenance\Agenda Reports 2011 - 20121Arch Chemicals, Inc Forth Amendment 2011-2012.doc FOURTH AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND ARCH CHEMICALS, INC. FOR WATER MANAGEMENT/MAINTENANCE SERVICES THIS FOURTH AMENDMENT is made and entered into as of May 10, 2011 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Arch Chemicals, Inc. a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On May 27, 2008, the City and Contractor entered into that certain Agreement entitled "Agreement for Water Management/Maintenance Services", in the amount of $83,200. b. On October 9, 2008 the City and Contractor entered into the First Amendment in order to change the Company name, Marine Biochemist was changed to Arch Chemicals, Inc. c. On May 12, 2009, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for Water Management/Maintenance Services," to add scope of work, extend the term of the agreement to June 30, 2010, increase the payment in the amount of $68,260. d. On May 11, 2010 the City and Contractor entered into the Third Amendment to that certain Agreement entitled "Agreement for Water Management/Maintenance Services," to add scope of work, extend the term of the agreement to June 30, 2011 increase the payment in the amount of $46,800. e. The parties now desire to, extend the term of the agreement to June 30, 2012, increase the payment in the amount of $46,800 and amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Ag ree me nt. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. 1 0:\Program Files\Neevia.Com\Document Converter\temp\997583.doc The Fourth Amendment amount shall not exceed Forty Six Thousand Eight Hundred Dollars ($46,800) for additional water management/maintenance services, for a total Agreement amount of Two Hundred Forty Five Thousand Sixty Dollars ($245,060). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 0:\Program Files\Neevia.Com\Document Converter\temp\997583.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Arch Chemicals, Inc DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, TCSD President Steven C. Giuliano, Senior V.P. & Chief Financial Officer ATTEST: By: By: Susan W. Jones, MMC, City Michael A. Cook, Senior V.P., Worldwide Clerk/Board Secretary HTH Water Products APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Arch Chemicals, Inc. Contact Person: Bill Thomas 2940 B East La Jolla St. Anaheim, CA 92806 Phone Number: (714) 632-5253 3 C:\Program Files\Neevia.Com\Document Converter\temp\997583.doc FSM Initials: Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor EXHIBIT "B" PAYMENT RATES AND SCHEDULE DESCRIPTION PRICE PER MONTH PRICE PER YEAR *Harveston Lake Park To be serviced three times per week (Monday, Wednesday & Friday) $3,975.00 $47,700.00 Harveston Lake Park To be serviced twice a week (Tuesday & Friday) $3,300.00 $39,600.00 *Temecula Duck Pond To be services three times per week (Monday, Wednesday & Friday) $880.00 $10,560.00 Temecula Duck Pond To be serviced twice a week (Tuesday & Friday) $600.00 $7,200.00 ALTERNATE BID ITEMS — for emeraencv repairs or extra work authorized by Cit MARK-UP ADDED TO VENDOR'S WHOLESALE PRICE OF PARTS, EQUIPMENT AND MATERIALS 15% HOURLY RATE PER REGULAR MAN HOUR (8am TO 5pm Monday through Friday $65.00 HOURLY RATE PER OVERTIME MAN HOUR — After-hours, Weekends, Holidays, etc. $95.00 *Supplemental Service Contractor's Signature 4 C:1Program Files\Neevia.Com\Document Converter\temp1997583.doc Item No. 24 Approvals City Attorney Director of Finance City Manager "of- etoL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: May 10, 2011 SUBJECT: Amend the construction contingency for the Temecula Community Center Expansion - Phase 2, Renovation of Historical Buildings, Project No. PW06-05 PREPARED BY: Greg Butler, Director of Public Works/City Engineer Amer Attar, Principal Engineer — CI P William Becerra, Associate Engineer — CI P RECOMMENDATION: That the Board of Directors: 1. Amend the construction contingency of the contract with Caltec Corporation for the Temecula Community Center Expansion - Phase 2, Renovation of Historical Buildings, Project Number PW06-05 by $47,658.21 and adjust the General Manager's administrative approval authority accordingly. 2. Authorize the transfer of $33,000.00 from the FY2010-2011 Capital Improvement Budget of Play Structure Retrofit to the Temecula Community Center Expansion — Phase 2, Renovation of Historical Buildings, Project Number PW06-05. BACKGROUND: On March 23, 2010, the Board of Directors awarded a construction contract for the subject project to Caltec Corporation in the amount of $520,950.00 and gave the General Manager authority to approve change orders up to 25% of the contract or $130,237.50. Since the award of the project, all work has been satisfactorily completed except for the completion of the landscaping maintenance period which is ongoing. Due to the multitude of unknowns in the renovation of historic buildings, a 25% contingency was requested for unforeseen conditions anticipated during construction. The majority of this contingency has already been expended. The contractor submitted disputed change order requests totaling $95,794.50. Staff was able to resolve all disputes for $48,794.50, a savings of $47,300. Staff also negotiated the final construction costs for this project and determined that an additional $47,658.21 in contingency authorization is necessary to address all unforeseen conditions encountered and close out of the construction contract. The requested fund transfer of $33,000 will fund the shortfall of the negotiated settlement. FISCAL IMPACT: The Temecula Community Center Expansion - Phase 2, Renovation of Historical Buildings is a Capital Improvement Program project and is funded through a Community Development Block Grant, Development Impact Fees and Quimby. With the recommended $33,000 transfer of funds from the Play Structure Retrofit (Development Impact Fess) sufficient funds will be available in the Temecula Community Center Expansion Account Number 210-190-197 for the $65,345.29 balance needed. The table below summarizes the recommended actions. APPROPRIATION DETAILS Account No. 210-190-197 FY10-11 Balance Transfer from 210-190-179 FY10-11 Account No. 210-190-197 Transfers Adjusted Balance 5801 FF&E $ 20,000.00 $ 0.00 ($ 20,000.00) $ 0.00 5801 Admin $ 3,784.08 $ 0.00 $ 13,903.00 $ 17,687.08 5802 Design $ 225.90 $ 0.00 ($ 225.90) $ 0.00 5804 Constr. $ 1,568.31 $ 33,000.00 $ 13,089.90 $ 47,658.21 5805 Constr. Eng $ 6,767.00 $ 0.00 ($ 6,767.00) $ 0.00 TOTALS: $ 32,345.29 $ 33,000.00 $ 0.00 $ 65,345.29 ATTACHMENTS: 1. Project Location 2. Project Description 3. Play Structure Retrofit Description . iziCIL atipiratitztia TEMECULA COMMUNITY CENTER EXPANSION PHASE II—RENOVATION OF HISTORICAL BUILDINGS Infrastructure Project Location 126 TEMECULA COMMUNITY CENTER EXPANSION PHASE II—RENOVATION OF HISTORICAL BUILDINGS Infrastructure Project Project Description: Project includes site preparation, utilities, and tenant improvements of the Escalier house and barn. Benefit: Project will provide additional space for human services for the community. Project Status: The design to renovate the site is complete. The construction contract has been awarded, and the project is estimated to be complete by end of fiscal year 2011. Department: Temecula Community Services—Account No. 210.190.197 Project Cost: Actua 1 s to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Future Years Priority: 1 Total Project Cost Administration $ 269,523 $173,672 $ 443,195 Construction $1,340,649 $652,000 $ 1,992,649 Construction $ 61,435 $ 41,636 $ 103,071 Engineering $ 29,401 $ 25,599 $ - $ - $ - $ - $ - $ 55,000 Design $ 318,123 $ 1,383 $ 319,506 Fixtures/Fum/Equip $ 20,000 $ 20,000 Totals $1,957,696 $872,654 $ - $ - $ - $ - $ - $ 2,830,350 Source of Funds: Actuals to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Future Yea rs Total Project Cost CDBG DIF (Parks & $1,896,261 $535,159 $ 2,431,420 Recreation) $295,859 $ 295,859 DIF (Quimby) $ 61,435 $ 41,636 $ 103,071 Total Funding: $ 1,957,696 $872,654 $ - $ - $ - $ - $ - $ 2,830,350 Future Operation & Maintenance Costs: 2010-11 2011-12 1 $ 2,500 2012-13 $ 2,550 2013-14 $ 2,601 2014-15 $ 2,653 $ 2,706 127 PLAY STRUCTURE RETROFIT AT VARIOUS PARKS Parks and Recreation Project Project Description: Retrofit and upgrade the existing play structures at parks throughout the City to be in compliance with new State regulations. Benefit: Project will improve the safety of the play structures. Project Status: This project is ongoing. Department: Temecula Community Services—Account No. 210.190.179 Priority: Project Cost: Actua Is to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Future Years Total Project Cost Administration $ 4,800 $ 4,800 Construction $ 48,000 $ 48,000 Design $ - $ 7,200 $ - $ - $ - $ - $ - $ 7,200 Totals $ - $ 60,000 $ - $ - $ - $ - $ - $ 60,000 Source of Funds: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost DIF (Parks & Recreation) $ 60,000 $ 60,000 Total Funding: $ - $ 60,000 $ - $ - $ - $ - $ - $ 60,000 Future Operation & Maintenance Costs: 2010-11 2011-12 2012-13 2013-14 2014-15 $ 2,000 $ 2,040 $ 2,081 $ 2,122 $ 2,165 145 Item No. 25 Approvals City Attorney Director of Finance City Manager "of- etoL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: May 10, 2011 SUBJECT: Acceptance of Improvements and Notice of Completion for the Ronald Reagan Sports Park Desilting Basin Project, Project No. PW05-13 PREPARED BY: Greg Butler, Director of Public Works/City Engineer Avlin Odviar, Senior Engineer — CI P William Becerra, Associate Engineer — CI P RECOMMENDATION: That the Board of Directors: 1. Accept the construction of the Ronald Reagan Sports Park Desilting Basin Project, Project No. PW05-13, 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 December 8, 2009 the Board awarded a construction contract to Sean Malek Engineering and Construction in the amount of $182,900 to complete the Ronald Reagan Sports Park Desilting Project, Project No. PW05-13. The work for the Ronald Reagan Sports Park Desilting Project included dewatering and grading a desilting basin west of the Ronald Reagan Sports Park in effort to restore the basin to its original design capacity. On November 8, 2010, the City Manager approved Contract Change Order No. 2 that reduced the construction contract amount because the contractor was unsuccessful in excavating the specified quantity of silt due to the unforeseen muddy conditions and heavy rainfall. However, the site was satisfactorily graded, and sufficient silt removed, to alleviate the emergency condition that existed at the beginning of the project. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. All work was warranted for a period of one (1) year from February 22, 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 Ronald Reagan Sports Park Desilting Basin Project No. PW05-13 is included in the City's Capital Improvement Program, Fiscal Year 2010-2011. This project is funded with Capital Project Reserves, FEMA Reimbursement, and Proposition 42. The original construction contract was $182,900.00; contract change orders reduced the contract by $52,374.24 to a total cost of the project of $130,525.76. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Sean Malek Engineering and Construction, 43905 Margarita Road, Temecula CA 92592 to perform the following work of improvement: RONALD REAGAN SPORTS PARK DESILTING BASIN PROJECT, PROJECT NO. PW05-13 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 Mav 10, 2011. That upon said contract 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: RONALD REAGAN SPORTS PARK DESILTING BASIN PROJECT, PROJECT NO. PW05-13 6. The location of said property is: west of Ronald Reagan Sports Park on Rancho Vista Road, Temecula, California 92592. Dated at Temecula, California, this 10th day of May, 2011. STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA } ) ss City of Temecula Susan W. Jones MMC, City Clerk I, Susan W. Jones M MC, 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 10h day of May, 2011. City of Temecula Susan W. Jones MMC, City Clerk C: \Program Files \ Neevia.Com \ Document Converter \temp \ 997896.docx Executed in Three (3) Original Counterparts CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT TEMECULA COMMUNITY SERVICES DISTRICT MAINTENANCE BOND Bond No: 6533483M Premium included on Performance Bond PROJECT NO. PW05-93 RONALD MEAGAN SPORTS PARK DESILTING BASIN PROJECT KNOW ALL PERSONS BY THESE PRESENT THAT: Sean Malek Engineering and Construction, 93905 Margarita Road, Temecula, CA 92592 NAME AND ADDRESS CONTRACTOR'S a Corporation , hereinafter called Principal, and (fl!! In whether a Corporat(on, Parfierehlp or Individual) First National Insurance Company of America, 333 City Blvd. West, Suite 300, Orange, CA 92868 NAME AND AbbRESS OF SURETY hereinafter called S.URETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, In the penal sum of Thirteen Thousand Fif_y Two DOLLARS and Fifty Eight CENTS ($ 13, 052.58 } in lawful money of the United States. said sum being 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 8th day of December , 20 09, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PWO5- 13, RONALD REAGAN SPORTS PARK DESILTING BASIN PROJECT. 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 the final estimate was approved on 3rd November, 20 10, 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 attorneys' fees incurred by MAINTENANCE BOND M-1 the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. 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 5th day of April , 20 11 • (Seal) First National Insurance Company of America Sean Malek Engineering and Construction SURETY PRINCIPA • By: Dwight Reilly (Name) Attorney -In -Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney MAINTENANCE BOND 1%2 By: _ &FAU..(4-- IV*PA4/"'- L'1 (Namere_ si (Title) By: (Name) (Title) State of California County of Orange ACKNOWLEDGMENT On April 5th, 2011 before me, Allison Ritto, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the personM whose nameQs) is/ ix subscribed to the within instrument and acknowledged to me that hefistFeithw executed the same in hisMeilfheirauthorized capacity( , and that by his/$xwitheir signatureffi on the instrument the person(43), or the entity upon behalf of which the person(3) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature • lison Ritto (Seal) z 2 ALLISON RITTO Commission # 1824932 Notary Public - California Orange County My Comm. Expires Dec 23, 2012 aui .4 CO 4. .O C ✓ o) d R d • > d_ 3 CCI 15 O C trC s. CUd O c E • ai 0• 0 72v d THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 2986180 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FIRST NATIONAL INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America (the ''Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint. DANIEL HUCKABAY, ARTURO AYALA, DWIGHT REILLY, ALLISON RITTO, DONALD ROOP, ALL OF THE CITY OF ORANGE, STATE OF CALIFORNIA , each individuallyifthere be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances andother surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100****************** ****** DOLLARS ($ 50,000,000.00************************) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they 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. 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 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, 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 executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article IV, Section 12 of the By-laws, Garnet W. Elliott, Assistant Secretary of First National Insurance Company of America, is authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of First National Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 28th day of June 2010 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY FIRST NATIONAL INSURANCE COMPANY OF AMERICA By ig-rr-—..*S G✓, Garnet W. Elliott, Assistant Secretary On this 28th day of June , 2010 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and 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 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 direction of said corporation. IN TESTIMONY WHEREOF ..4-1F Trlto subscribed my name and affixed my notarial seal at Plymouth Meetin, Pennsylvania, on the day and year first above written. woNw C. CERTIFICATE I, the undersigned, Ass the foregoing is a full, tru executed the said power of a Sctari;al Soai Teroaa Paste.' t, Nciary Pubtlo Plymouth Twp., MontOomory County My Cotnmintunn Expires M. 28,2013 Member, Penrowlyanal Asoocrruio^ of Nal opal ,Elist National Insurance Company of America, do hereby certify that the original power of attorney of which py, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who me is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of First National Insurance Company of America. By Teresa Pastella, Notary Public 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, l F8vp. hereunto subscribed my na ZU a r fin 4,0 044 SEAT, 7928. ed the corporate seal of the said company, this 5th day of By David My Assistant Secretary CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT TEMECULA COMMUNITY SERVICES DISTRICT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW05-13 RONALD REAGAN SPORTS PARK DESILTING BASIN PROJECT This is to certify thatS5,q k t Ma!eK i -s r eoniT (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/he/it 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. PW05-13, RONALD REAGAN SPORTS PARK DESILTING BASIN PROJECT, situated in the City of Temecula, State of California, more particularly described as follows: }�one;ic>!- %Lce{ av, ,9pc,/J-5,'a7/' ..I)e1/in $ci,r n ProiLc-% eelet (ter INSMT ADDRESS OR DESCRIBE LOCATI ' OF WORK HERE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute "7/1 44 - 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. Dated: /2 — `� - ZOO By: RELEASE R-1 Signature de. ((/c2 l l re St r Print Name and Title n* UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Upon receipt by the undersigned of a check from city of Temecula in the Sum of $ 130,525.80 payable to Sean Malek Engineering And Construction, and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of Ronald Reagan Sports Park Desilting Basin Project ( Project No. PW05-13) located at Temecula, CA, California. This release covers the final payment to the undersigned for all labor, services, equipment, or material furnished on the job, except for disputed claims for additional work in the amount of $ N/A. Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. Dated: 12-09-2010 By: Sean A. Malekzadeh Title: President NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. 2008-0800 00440 - 4 REDEVELOPMENT AGENCY Item No. 26 ACTION MINUTES of APRIL 19, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:45 P.M. CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts, Naggar RDA PUBLIC COMMENTS No public comments. RDA CONSENT CALENDAR 13 Action Minutes - Approved Staff Recommendation (5-0-0) Agency Member Edwards made the motion; it was seconded by Agency Member Comerchero and electronic vote reflected unanimous approval RECOMMENDATION: 13.1 Approve the action minutes of April 5, 2011. RDA DEPARTMENTAL REPORT RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA Action Minutes\041911 1 RDA ADJOURNMENT At 7:45 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, May 10, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., in the City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Chair Person ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] RDA Action Minutes\041911 2 COUNCIL BUSINESS Item No. 27 Approvals City Attorney Director of Finance City Manager "of- etoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: May 10, 2011 SUBJECT: Supportive Housing/Services White Paper PREPARED BY: Katie Innes, Assistant Planner RECOMMENDATION: That the City Council approve the recommended Actions Steps outlined in the Supportive Housing/Services White Paper. BACKGROUND: Historically, the Temecula Redevelopment Agency has focused its efforts on constructing affordable housing units in the City. The Agency, in collaboration with the Temecula Housing Authority, intends to continue to serve the needs of the low and moderate income households and individuals by continuing to construct affordable housing units within the City. However, one of the many lessons that we have learned from the "Great Recession" is that affordable housing means more than just providing physical housing units. In addition to providing more affordable units, the Agency intends to provide Supportive Services to assist moderate, low, very low and extremely income households and individuals within the community. Supportive Services will include, providing housing, food, clothing, counseling, health care and day care services, among others, to assist these families and individuals. In order to achieve this objective, a number of specific action steps have been identified to meet the needs of these populations. The recommended Action Steps are identified below: 1.) The RDA intends to pursue the acquisition of a facility to provide Supportive Housing for 15- 20 families and identify a non-profit operator to operate the facility and provide supportive services. Rental housing would be provided at this facility, targeting families within the extremely low income category, regardless of their ability to pay. 2.) The Housing Authority intends to work with private and faith -based providers to assist in the placement of families and individuals in privately funded Supportive Housing units in the City. 3.) The City proposes to complete the process to become a direct recipient of CDBG funds and utilize these funds to provide seed money for supportive housing services. 4.) The City proposes to contract with a non-profit organization that can provide comprehensive and integrated supportive services for Extremely Low and Very Low income individuals including food, clothing and housing. 5.) The Temecula Housing Authority intends to collaborate with several service providers for supportive housing services to be made available for extremely low and very low income families and individuals in RDA funded projects, as well as families and individuals throughout the City. 6.) The City proposes to continue to work with non-profit and faith -based organizations to provide temporary emergency shelters during cold and wet weather events. 7.) The City proposes to aggressively engage in dialogue with other cities and the County of Riverside in Southwest Riverside County to create a practical mechanism such as a Joint Powers Authority (JPA) to meet the regional needs of the homeless population. FISCAL IMPACT: If the Council approves the recommended Action Steps and directs staff to move forward with the implementation of these programs a fiscal impact analysis will be completed for each action step in the future. This analysis will be provided to the Council before any individual action is taken. ATTACHMENTS: City of Temecula Supportive Housing/Services White Paper City of Temecula Supportive Housing/Services White Paper Objective: Continue to assist in the development of affordable housing units to serve the needs of low and moderate income families in the City of Temecula and provide supportive services which assists the very low and extremely low income household populations Historically the Temecula Redevelopment Agency (RDA) focused its resources constructing affordable housing units in the City. The RDA has successfully subsidized the construction of over 600 affordable housing units since the Project Area's formation in 1992 and expects to produce an additional 200 units in the next three years. Even with the construction of these units, all of the RDA funded developments have long waiting lists for new residents. The demand for affordable housing in Temecula far exceeds the number of units that are created. Both the State Housing and Community Development Department (HCD) and the Federal Housing and Urban Development Department (HUD) define affordability categories as well as goals for the creation of new housing units in each of the categories as follows: Income Category % of Median Income Units Required/Constructed* • Extremely Low Income 0%-30%of Median Income 507/5 • Very Low Income 30%-50%of Median Income 507/107 • Low Income 50%-80% of Median Income 757/143 • Moderate Income 80%420% of Median Income 1,622/120 For the purposes of this White Paper, the City of Temecula will define our housing categories in the following manner: Supportive Housing Affordable Housing Extremely Low Income Low Income Very Low Income Moderate Income Further, Supportive Services are defined as all of the basic need services described below, and will be accessible to families and individuals in both the Supportive Housing and Affordable Housing categories. One of the many lessons that the "Great Recession" taught us is that affordable housing means more than just providing physical housing units. Many families and individuals in the Extremely Low and Very Low Income levels face more than just the need for affordable housing. In the *Units required are based on the City's Regional Housing Needs Assessment establish by HCD as part of the 2008-2014 Housing Element. The units constructed are those that have been constructed during the currently Housing Element cycle. Extremely Low Income level, families and individuals with little or no income can find themselves in need of food, clothing and housing. In addition to providing housing, basic needs such as job training, substance abuse counseling, access to food banks, health care and day care services to name a few, are necessary to provide a full complement of services to assist these families and individuals in our community. While the City can assist with limited funding to meet some of these needs, it cannot comprehensively support these needs without assistance from the private sector, faith -based, and non-profit partners. Serving the Extremely Low and Very Low Income Population through the production of housing units and supportive services Providing affordable housing units to the Extremely Low and Very Low Income population can be challenging. This population includes individuals who have little or no income. Since affordable housing developers count on tenants to pay some level of rent that helps pay debt service on long-term project mortgage debt, the Redevelopment Agency has had to provide larger subsidies to the developer to reduce long-term debt. To be able to produce these units, the RDA has had to subsidize these developments on an average of $175,000 per unit. However, the Extremely Low Income families and individuals need, in addition to housing, additional supportive services. RDA Funded Supportive Affordable Housing Facility Therefore, to achieve the goal of providing housing for Extremely Low Income individuals, the City RDA (or Housing Authority) will identify properties - preferably in the western portion of Old Town that will move the City towards its goals. Staff will utilize the Agency's Affordable Housing Fund to purchase an existing multi -family building, and seek a qualified non-profit housing provider to own or lease and manage the facility. Since many Temecula families have lost their homes through foreclosure due to the severe economic downturn and are facing long- term unemployment, and in an effort to help stabilize the family by providing a stepwise program to help them eventually obtain permanent housing, the Agency (or Authority) will consider acquiring an apartment complex that could provide rental housing targeting families in the extremely low income category, regardless of their ability to pay. In addition to providing housing the RDA would seek a non-profit housing provider that would be responsible for providing these additional supportive services to the residents including: • Job Training • Food Bank Access • Health Care • Financial Planning • Tutoring Services (many homeless children miss or have spotty school attendance) • Daycare • Family Counseling Services The Agency will seek private donations and partnerships that would aid in providing the aforementioned services to conform to State law. The City's goal is to assist residents in stabilizing their families both financially and emotionally. The families served would live in the development for no set time but on a timetable that would allow a family the time to stabilize and follow a path of moving into low or moderate income affordable units, then market rate rentals and eventually home ownership if so desired. Citywide Supportive Services Fortunately most, if not all of the supportive services listed above, are currently provided either by the private sector and/or faith based organizations in the City or on a regional basis. In addition, the County of Riverside provides a variety of services to meet the needs of this population. While the operator of the Supportive Housing Development would coordinate these services, this strategy also calls for the City to seek agreements with other providers. This would be accomplished by having the RDA provide funds for the construction of affordable housing units and have the City's recently created Housing Authority assist in providing integrated supportive housing services to both the RDA sponsored developments and supportive services throughout the community. Currently the City contracts with the County of Riverside Economic Development Agency to manage the City's annual allocation of Block Grant funds. The City does not receive the full benefit of the funds as the County charges upwards of 20% to administer the program for the City. However, the City is currently working on becoming a jurisdiction which will receive the full allocation of funds directly through HUD's Community Development Block Grant (CDBG) program in July 2012. This means the City will receive a direct funding of the Block Grant funds and will no longer pay the administrative fee to the County. This action opens up additional funding opportunities to local supportive service providers. It's important to note that the Housing Authority would not directly provide these services, but would work with existing providers and provide annual grants to these organizations that along with private donations would fund these services. The benefits to providing supportive housing services to all affordable housing development residents are many but the main goal is to create opportunities for families and individuals to improve their quality of life and give them the tools they need to graduate to market rate housing, opening up affordable housing units to other families and individuals in need. 3 Addressing the needs of the homeless population is a regional multi -pronged approach. A one -day census of the homeless population throughout Riverside County, including Temecula, was taken at the end of January 2011. The soon to be released census by the County of Riverside places the total number of homeless in Riverside County at 6,203, and the homeless in Temecula at 162 people. These numbers vary given the time of year and do not necessarily take into account individuals and families who are not technically homeless, but are living with family and friends on a temporary basis, with no pathway to a permanent residence. Emergency Wet and Cold Weather Shelters There is a need for temporary emergency shelters that get individuals and families out of inclement weather especially during the wet and cold winter months. The City's Development Code permits "by right" emergency shelters in the Medium and High Density Residential zones. The Temecula Municipal Code as defines an Emergency Shelter: • "A facility that provides immediate and short-term housing and supplemental services for the homeless. Supplemental services may include food, counseling and access to other social programs." The City will continue to work with local churches, mosques, synagogues and non-profit organizations to share this responsibility with Housing Authority assistance. The City, through its Community Development Block Grant funding, could provide seed money to these non- profit and faith -based organizations to offset the cost of running these emergency shelters. While discretionary permits are not required in the Medium and High Density residential zones, these facilities may need to provide adequate facilities, such as showers, restrooms and food preparation areas which comply with all Building and Safety regulations. The temporary, emergency nature of these facilities, and the low population of homeless identified in Temecula, do not support the financial cost to acquire and construct such a facility. A strategy of working with non-profit and faith -based organizations to provide these temporary shelters while working to provide regional long-term housing solutions for this population is much more cost effective while meeting the need of Temecula's homeless families and individuals. Regional Solution to Homelessness It is a given that there are homeless families and individuals in Temecula. But given the low numbers compared to other areas of Riverside County (in 2011for example, Temecula accounted for 2.6% of the overall County homeless population), the need to provide a traditional "homeless shelter" is neither warranted nor financially feasible without becoming a magnet for the homeless from outside the Temecula area. Rather, the City strategy is to provide services for the families and individuals in Temecula who are homeless and to provide an array of services to work towards permanent housing solutions for this population. As an example, several faith -based groups are currently providing supportive housing to these family and individuals by purchasing individual single-family homes in the community where families and individuals can stabilize from their personal challenges and with supportive services transition into permanent housing. The City's believes this approach is the most effective way to provide housing for the homeless; i.e., through the private and faith -based providers, and avoids the stigma of families or individuals living in a "homeless shelter." It's important to recognize that the City needs to be part of the solution to providing services to Temecula residents who find themselves homeless. The City does not wish to export our homeless population to surrounding cities. In fact the City supports the concept of working with all cities in Southwest Riverside County as well as the County of Riverside to identify and fund a centrally located facility, which would serve as an affordable supportive housing facility which operates year round. Each city and the County need to be prepared to provide financial support to create this regional solution, while meeting the emergency needs of the homeless population in their own communities. It's not necessary to reinvent the wheel to meet this goal of a regional solution. There are successful models where cities have collaborated to meet the regional needs of the homeless. A consortium of cities in north San Diego County worked together to construct a regional facility in the City of Vista, which is funded by the cities of Vista, Escondido, San Marcos, Carlsbad, Oceanside and Encinitas. The value of a regional approach allows the various cities and the County the ability to fund such a facility and share the cost. Conclusion and Action Steps The City of Temecula understands its responsibility to provide housing opportunities extremely low income families and individuals. Through the establishment of a Council Housing Authority Subcommittee, the following are implementation strategies to meet these needs: 1. The RDA will pursue the acquisition of a facility to provide Supportive Housing for 15-20 families and identify a non-profit operator who will operate the facility and provide supportive services. 2. The Housing Authority will work with private and faith -based providers to assist in the placement of families and individuals in privately funded Supportive Housing units in the City. 3. The City will complete the process to become a direct recipient of CDBG funds and utilize these funds to provide seed money for supportive housing services. 5 4. The City proposes to contract with a non-profit organization that can provide comprehensive and integrated supportive services for Extremely Low and Very Low income individuals including food, clothing and housing. 5. The Temecula Housing Authority will collaborate with several service providers for supportive housing services to be made available for extremely low and very low income families and individuals in RDA funded projects, as well as families and individuals throughout the City. 6. The City will continue to work with non-profit and faith-based organizations to provide temporary emergency shelters during cold and wet weather events. 7. The City will aggressively engage in dialogue with other cities and the County of Riverside in Southwest Riverside County to create a practical mechanism such as a Joint Powers Authority (JPA) to meet the regional needs of the homeless population. 6 Item No. 28 Approvals City Attorney Director of Finance City Manager "of- etoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: May 10, 2011 SUBJECT: Formation of Teen Center Ad -Hoc Subcommittee PREPARED BY: Aaron Adams, Assistant City Manager RECOMMENDATION: That the City Council appoint two members to serve on the Teen Center Ad -Hoc Subcommittee. BACKGROUND: The subject of the development of a teen -center has been discussed for some time in broad and general terms. The concept and importance of developing a Teen Center was discussed and has been outlined in the City's Youth Master Plan which was completed in March 2008. A Teen Center/Young Adult Center project has been included in the City's Capital Improvement Program with no immediate source of funding identified. In addition, a Teen Center project was also recently identified in Community Meetings held in conjunction with the City's Quality of Life Master Plan (a 20 -year vision blueprint). While no particular model/funding or location has been identified, it is recommended that two members of the City Council be appointed to a Teen Center Ad -Hoc Subcommittee. This first step will allow the Subcommittee and Staff to further examine the concept, begin a feasibility study and research best practices and develop a better understanding of successful examples of Teen Centers in other communities. FISCAL IMPACT: None.