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032613 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MARCH 26, 2013 — 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. 5:30 P.M. — The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) Conference with Legal Counsel — Existing Litigation. The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to the following matter of pending litigation concerning Community Facilities District No. 03-06 (Harveston II): "City of Temecula v. Psomas and NBS, et. al.," Riverside County Superior Court No. RIC 1211252. 2) Conference with Legal Counsel — Existing Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9 (d)(2) and (4) with respect to one matter of potential litigation and will discuss whether to initiate litigation and intervene in the bankruptcy action involving the YMCA of Riverside City and County, Bankruptcy Petition No. 6:12- bk-38087-MH, Central District of California (Riverside). A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. 3) Conference with Legal Counsel — Potential Litigation. The City will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) and (4) with respect to two matters of potential litigation and will discuss whether to initiate litigation in these matters. With respect to each such matter, the City Attorney has determined that based on existing facts and circumstances a point has been reached where there is a significant exposure to litigation involving the City. 4) Conference with Legal Counsel — Existing Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to two matters of pending litigation: (1) "City of Temecula v. County of Riverside, et. al., Granite Construction Co. et. al., real party in interest," Riverside County Superior Court No. RIC 1211312, concerning the certified EIR for the Liberty Quarry project; and (2) "City of Temecula v. County of Riverside, et. al.," Riverside County Superior Court No. RIC 1215119, concerning the Riverside County Fast Track Policy. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. 1 Next in Order: Ordinance: 13-03 Resolution: 13-19 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Joseph Donnantuoni Invocation: Pastor Scott Anderson of Crossroads Church Flag Salute: Mayor Pro Tem Edwards ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Presentation by Tim Sweeney Certificate of Congratulations to Murrell & Dotti Meade CPRS Presentation of Champion of the Community Award to Mayor Naggar 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 a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 2 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 March 12, 2013. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Second Amendment to Professional Services Agreement for Graphic Art and Marketing for Ann Howell Design RECOMMENDATION: 4.1 Approve the Second Amendment to the Professional Services Agreement for graphic art and marketing with Ann Howell Design in the amount of $5,000 for a total agreement amount of $41,981.30, and extend the term of the agreement to June 30, 2013. 5 Fifth Amendment to the Agreement with Proactive Fire Design, Inc. RECOMMENDATION: 5.1 Approve the Fifth Amendment to the Agreement with Proactive Fire Design, Inc. in the amount of $30,000 for a total agreement amount of $249,000 for Fire Department Plan Review Service. 6 Lifecycle Replacement of 75 Desktop Computers for the Temecula Public Library RECOMMENDATION: 6.1 Authorize the purchase of 75 Hewlett Packard (HP) Compaq 8300 Elite Ultra - slim desktop computers pursuant to the City's Lifecycle Replacement Plan for the Temecula Public Library from Southern Computer Warehouse in the amount of $54,138.75, including sales tax and shipping. 3 7 Agreement for the Purchase of a Replacement Permitting System from Tyler Technologies RECOMMENDATION: 7.1 Approve an Agreement for the purchase of Tyler Technologies' EnerGov Permitting & Land Management suite in the amount of $743,134; 7.2 Authorize the Interim City Manager to approve change orders up to 10% of the agreement in the amount of $74,313.40. 8 Agreement for Environmental Monitoring Services for Main Street Bridge Over Murrieta Creek, PW03-05 RECOMMENDATION: 8.1 Approve an Agreement with Rahn Conservation Consulting, LLC to provide environmental monitoring services associated with Main Street Bridge Over Murrieta Creek (Replacement), PW03-05, in the amount of $51,400; 8.2 Authorize the Interim City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $5,140, which is equal to 10% of the agreement amount. 9 Acceptance of certain Public Streets into the City -Maintained System within Tract Nos. 32437-1, 32437-2, 32437-3 and 32437-F (located northeasterly of the corner of Ynez Road and Date Street - Harveston) RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED SYSTEM (WITHIN TRACT NOS. 32437-1, 32437-2, 32437-3 AND 32437-F) RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY 4 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 13-01 Resolution: No. CSD 13-02 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 a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. CSD CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 10 Action Minutes RECOMMENDATION: 10.1 Approve the action minutes of March 12, 2013. 11 Agreement with San Dieguito Printers for Printing Services RECOMMENDATION: Approve an Agreement with San Dieguito Printers for the printing services necessary to produce nine issues of the Guide to Leisure Activities over a three-year period with two one-year options for renewal. The cost of printing the brochure annually is as follows: FY12-13 FY13-14 FY14-15 FY15-16 $16,952, plus a contingency of 10% $1,695.20 $52,044, plus a contingency of 10% $5,204.40 $54,247, plus a contingency of 10% $5,424,70 $37,294, plus a contingency of 10% $3,729.40 5 The total is not to exceed $160,537, plus a contingency of 10% in the amount of $16,053.70 for a possible combined total of $176,590.70. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, April 9, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 6 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — no meeting TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 12 Appointment of City Council Member to serve on a Military Ad Hoc Subcommittee RECOMMENDATION: 12.1 Convert the Military Liaison Representative Assignment to a Military Ad Hoc Subcommittee and appoint a second member of the City Council to serve on this Subcommittee. 13 Approval of the Farmer's Market Operating/Licensing Agreement with Farmer's Market Management, Inc. RECOMMENDATION: 13.1 Approve a new Licensing/Operating Agreement with Farmer's Market Management, Inc. for the management and operation of a Certified Farmer's Market on the public parking lot located at the northwest corner of Mercedes Street and Sixth Street. DEPARTMENTAL REPORTS 14 Community Development Department Monthly Report 15 City Council Travel/Conference Report -February 2013 16 Public Works Department Monthly Reports 17 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, April 9, 2013, 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 public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 8 PRESENTATIONS The City of Temecula Certificate of Congratulations Presented To: Murrell and Dotti Meade The City Council of the City of Temecula would like to congratulate you both on your 73rd Wedding Anniversary on March 8, 2013. We, along with your family, wish you many more years of love, health, and happiness together. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-sixth day of March, 2013. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MARCH 12, 2013 — 7:00 PM 6:00 P.M. — The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1. Conference with Legal Counsel - Existing Litigation. The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to the following matter of pending litigation concerning Community Facilities District No. 03-06 (Harveston II) to which the City is the Plaintiff: "City of Temecula v. Psomas and NBS, et. al.," Riverside County Superior Court No. RIC 1211252. 2. Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding three parcels owned by Front Street Service Station consisting of approximately 1.194 acres for the Interstate 15/State Route 79 South Ultimate Interchange, Project Number PW04-08. The subject properties are commonly known as 44987 Old Town Front Street, City of Temecula, California, and are identified as Riverside County Assessor's Parcel Numbers 922-210-057, 922-210-058, and 922-210-059. The negotiating parties are the City of Temecula and Front Street Service Station. The City negotiators are Greg Butler and Amer Attar. Under negotiation are the price and terms. 3. Conference with Legal Counsel — Potential Litigation. The City will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that based on existing facts and circumstances a point has been reached where there is a significant exposure to litigation against the City. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:00 P.M., Mayor Naggar called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Mike Naggar Prelude Music: Serena Sepersky Invocation: Pastor Ted Leavenworth of Reliance Church Action Minutes 031213 1 Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Temecula Valley Reality Rally Presentation PUBLIC COMMENTS The following individuals addressed the City Council: • Pat Vesey • Cecilia Anderson • Dr. Matt Rahn • John Thomas — VFW Post 4089 • Kelsey Clark • Chet Ashbough • Darell Farnbach • Paul Jacobs • Dr. George Rambach • Ms. Miller • Craig Shelley • Diana Serafin • Zorina Bennett • Bernard Budney • Ed Elder CITY COUNCIL REPORTS CONSENT CALENDAR Ernie White and Tom Vining addressed the City Council on Consent Calendar Item 3, Mark Katan addressed the City Council on Consent Calendar Item 8 and Wayne Hall addressed the City Council on Consent Calendar Item 10. 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (3-0-2, Council Members Comerchero and Roberts were absent) Council Member Washington made the motion; it was seconded by Council member Edwards; and electronic vote reflected approval with two absent. 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 (3-0-2, Council Members Comerchero and Roberts were absent) Council Member Washington made the motion; it was seconded by Council member Edwards; and electronic vote reflected approval with two absent. Action Minutes 031213 2 RECOMMENDATION: 2.1 Approve the action minutes of February 26, 2013. 3 List of Demands — Approved Staff Recommendation (3-0-2, Council Members Comerchero and Roberts were absent) Council Member Washington made the motion; it was seconded by Council member Edwards; and electronic vote reflected approval with two absent. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13-17 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 January 31, 2013 — Approved Staff Recommendation (3-0-2, Council Members Comerchero and Roberts were absent) Council Member Washington made the motion; it was seconded by Council member Edwards; and electronic vote reflected approval with two absent. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of January 31, 2013. 5 Main Street Bridge Over Murrieta Creek — Funding of City's obligations under Federal and State Law to monitor construction activities in order to protect cultural resources — Approved Staff Recommendation (3-0-2, Council Members Comerchero and Roberts were absent) Council Member Washington made the motion; it was seconded by Council member Edwards; and electronic vote reflected approval with two absent. RECOMMENDATION: 5.1 Authorize the expenditure of up to $100,000 to compensate the Pechanga Band of Luiseno Indians for construction monitoring activities as part of the subject project. 6 Acceptance of Improvements and Notice of Completion for Pavement Rehabilitation Program, Margarita Road Project 2, PW10-09 — Approved Staff Recommendation (3-0-2, Council Members Comerchero and Roberts were absent) Council Member Washington made the motion; it was seconded by Council member Edwards; and electronic vote reflected approval with two absent. RECOMMENDATION: 6.1 Accept the construction of Pavement Rehabilitation Program, Margarita Road Project 2, PW10-09, as complete; Action Minutes 031213 3 6.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 6.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 7 Acceptance of certain Public Streets into the City -Maintained System within Tract Map No. 24188-2 — Approved Staff Recommendation (3-0-2, Council Members Comerchero and Roberts were absent) Council Member Washington made the motion; it was seconded by Council member Edwards; and electronic vote reflected approval with two absent. RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 13-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED SYSTEM (WITHIN TRACT NO. 24188-2) 8 Sponsorship Request for Temecula Valley Reality Rally, a fundraiser event for Michelle's Place — Approved Staff Recommendation (3-0-2, Council Members Comerchero and Roberts were absent) Council Member Washington made the motion; it was seconded by Council member Edwards; and electronic vote reflected approval with two absent. RECOMMENDATION: 8.1 Approve the Event Sponsorship Agreement for city -support costs in the amount of $3,998, and in-kind promotional services for $11,865 for the 2013 Temecula Valley Reality Rally; 8.2 Approve the use of the Temecula Community Theater and Conference Center to launch the event. 9 Sponsorship Agreement with the Temecula Valley Foundation for Excellence in Education's 2013 Taste of Temecula Valley — Approved Staff Recommendation (3-0-2, Council Members Comerchero and Roberts were absent) Council Member Washington made the motion; it was seconded by Council member Edwards; and electronic vote reflected approval, with two absent. RECOMMENDATION: 9.1 Approve the Event Sponsorship Agreement with the Temecula Valley Foundation for Excellence in Education for city -support costs in the amount of $8,841 and in-kind promotional services of $11,865 for the 2013 Taste of Temecula Valley. Action Minutes 031213 4 10 Parking Signage for Wounded Warriors (at the request of Council Member Washington) — Approved Staff Recommendation, with direction to encourage private businesses to also participate in this program. (3-0-2, Council Members Comerchero and Roberts were absent) Mayor Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval, with two absent. RECOMMENDATION: 10.1 Authorize the purchase and installation of signage that would designate parking spaces in public parking lots for Purple Heart recipients. RECESS At 8:08 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 8:18 P.M., the City Council resumed with the remainder of the Public Comments and the Consent Calendar. At 10:00 P.M. the Mayor moved to extend the meeting to 10:15 P.M.. PUBLIC HEARING 12 Long Range Planning Project No. LR12-0013, an ordinance amending portions of Title 17 of the Temecula Municipal Code to define certain housing -related terms, designate zoning districts for residential care facilities, transitional, supportive, and single -room occupancy housing, and establish development standards for single -room occupancy housing — Reopened the public hearing and continued the public hearing to the meeting of 4/9/13; with further direction to the City Attorney regarding research on ramifications of not adopting the residential care facilities section of this ordinance. (3-0-2, Council Members Comerchero and Roberts absent) Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with two absent. RECOMMENDATION: 12.1 Introduce and read by title an ordinance entitled: ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO DEFINE CERTAIN HOUSING -RELATED TERMS, DESIGNATE ZONING DISTRICTS FOR RESIDENTIAL CARE FACILITIES, TRANSITIONAL, SUPPORTIVE, AND SINGLE -ROOM OCCUPANCY HOUSING, AND ESTABLISH DEVELOPMENT STANDARDS FOR SINGLE -ROOM OCCUPANCY HOUSING (LONG RANGE PLANNING PROJECT NO. LR12- 0013) By way of a Power Point presentation, Director of Community Development, Patrick Richardson presented the staff report as per agenda material. Action Minutes 031213 5 The public hearing was opened and the following individuals addressed the City Council: • Dr. George Rombach • Carol Monroe • Tom Vining • Patrice Lynes • Ernie White • Bret Kelley (Read by Tom Vining) • Bridgette Green CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised Closed Session Item 1 was taken off calendar. In regards to Closed Session Item 2, Council gave direction to staff and any final action will be taken in open session. In regards to Closed Session Item 3, City Attorney Thorson advised that there were no reportable actions from the closed session under the Brown Act. ADJOURNMENT At 10:12 P.M., the City Council meeting was formally adjourned to Tuesday, March 26, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Adjourned in Memory of Bill Harker *** Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes 031213 6 Item No. 3 Approvals City Attorney Director of Finance City Manager 0/-e-r-- OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Heidi Schrader, Acting Director of Finance DATE: March 26, 2013 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jill Dickey, Accounting Assistant RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: 1. Resolution 2. List of Demands RESOLUTION NO. 13- 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 $1,761,498.60. 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 26th day of March, 2013. Michael S. Naggar, 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. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of March, 2013, 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 02/28/2013 TOTAL CHECK RUN $ 815,607.00 03/07/2013 TOTAL CHECK RUN 556,072.86 02/28/2013 TOTAL PAYROLL RUN: 389,818.74 TOTAL LIST OF DEMANDS FOR 03/26/2013 COUNCIL MEETING: $ 1,761,498.60 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 365,535.48 135 BUSINESS INCUBATOR RESOURCE 3,923.41 140 COMMUNITY DEV BLOCK GRANT 1,225.67 150 AB 2766 FUND 1,678.74 165 SARDA AFFORDABLE HOUSING 5,938.07 170 MEASURE A FUND 7,525.77 190 TEMECULA COMMUNITY SERVICES DISTRICT 138,650.52 192 TCSD SERVICE LEVEL B 153.15 194 TCSD SERVICE LEVEL D 1,762.02 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 3,806.03 197 TEMECULA LIBRARY FUND 7,629.31 210 CAPITAL IMPROVEMENT PROJECTS FUND 95,463.85 300 INSURANCE FUND 1,336.67 320 INFORMATION TECHNOLOGY 42,374.36 330 SUPPORT SERVICES 17,175.93 340 FACILITIES 39,810.05 380 SARDA DEBT SERVICE FUND 4,200.00 395 2011 FINANCING LEASE 2001 & 2008 COPS 534,423.23 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 14,254.09 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 21,884.43 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 3,551.82 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 29,694.60 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 9,120.08 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 193.76 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 147.66 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 51.89 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 29.66 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 288.40 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 131.44 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 149.26 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 1,302.11 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 59.20 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 121.86 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 28.92 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 587.95 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 319.84 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 170.38 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 86.85 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 70.39 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 30.23 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 204.03 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 148.52 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 15,177.94 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 270.25 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 45.61 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 7.08 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 152.51 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 263.48 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 35.28 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 165.76 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 281.77 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 40.55 $ 1,371,679.86 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 260,208.18 140 COMMUNITY DEV BLOCK GRANT 1,654.62 165 SARDA AFFORDABLE HOUSING 7,609.42 190 TEMECULA COMMUNITY SERVICES DISTRICT 80,715.89 192 TCSD SERVICE LEVEL B 240.90 194 TCSD SERVICE LEVEL D 2,767.34 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 451.59 197 TEMECULA LIBRARY FUND 1,195.66 300 INSURANCE FUND 851.27 320 INFORMATION TECHNOLOGY 17,898.75 330 SUPPORT SERVICES 4,105.10 340 FACILITIES 9,926.90 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 80.53 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 54.04 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 64.19 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 11.72 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 130.14 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 23.52 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 33.44 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 220.95 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.24 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 9.97 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.82 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 147.54 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 31.45 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 18.17 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 15.90 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 36.65 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.23 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 136.66 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 73.13 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 198.13 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 335.41 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.00 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 8.79 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 188.52 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 60.70 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.80 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 8.79 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 277.97 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.72 389,818.74 TOTAL BY FUND: $ 1,761,498.60 apChkLst Final Check List Page: 1 02/2812013 3:46:57PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2116 02/28/2013 000389 NATIONWIDE RETIREMENT OBRA - Project Retirement Payment 2,619.20 2,619.20 SOLUTION 2117 02/28/2013 000194 I C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 4,983.15 4,983.15 303355 2118 02/28/2013 010349 CALIF DEPT OF CHILD Support Payment 1,626.44 1,626.44 SUPPORT 2120 02/28/2013 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 9,889.01 9,889.01 SOLUTION 2123 02/28/2013 014685 COMPASS BANK '11 refunding of '01P08 COP Debt Srvc 534,423.23 534,423.23 156929 02/28/2013 015642 ALEXANDER, GREGORY L. OR refund:sec dep:rm rental:TCC 200.00 200.00 CAMILLE 156930 02/28/2013 012943 ALPHA MECHANICAL SERVICE credit billing adj:HVAC -55.00 INC replace hvac motor: theater 493.16 replace hvac circuit board: hary ctr 465.13 903.29 156931 02/28/2013 015267 AMCAL PUJOL FUND L.P. refund:eng grad dep:LD11-086GR 50,000.00 50,000.00 156932 02/28/2013 004422 AMERICAN BATTERY batteries for vehicles: Fire Stn 84 24.20 24.20 CORPORATION 156933 02/28/2013 013950 AQUA CHILL OF SAN DIEGO Dec drinking water sys:MPSC 33.48 Feb drinking water sys:police 27.00 60.48 156934 02/28/2013 011954 BAKER & TAYLOR INC (93) books: Library 1,040.64 (21) books: Library 440.09 1,480.73 156935 02/28/2013 004205 BALLET FOLKLORICO TCSD instructor earnings 140.00 TCSD instructor earnings 112.00 252.00 156936 02/28/2013 004040 BIG FOOT GRAPHICS TCSD instructor earnings 682.50 TCSD instructor earnings 560.00 Promo items:FIT pgrm:tcsd 450.00 1,692.50 156937 02/28/2013 014284 BLAKELY'S TRUCK SERVICE misc vehicle repairs: pw street maint misc vehicle repairs: pw street maint misc vehicle repairs: pw street maint misc vehicle repairs: pw street maint veh maint srvcs: pw street maint 411.77 542.12 471.00 80.00 955.12 2,460.01 156938 02/28/2013 014299 BOOKS ON TAPE (1) book on tape: library 68.85 68.85 Page:1 apChkLst 02/28/2013 3:48:57PM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 156939 02/28/2013 009082 C B C TECHNICAL INC 156940 02/28/2013 003138 CAL MAT 156941 02/28/2013 000413 CALIF DEPT OF FISH & WILDLIFE 156942 02/28/2013 004248 CALIF DEPT OF JUSTICE-ACCTING 156943 02/28/2013 006768 CALIF REGIONAL WATER QUALITY 156944 02/28/2013 014273 CALIFORNIA PROPERTY 156945 02/28/2013 014726 CHAPTER 13 STANDING TRUSTEE 156946 02/28/2013 015638 COLTON, ROCHELLE 156947 02/28/2013 004405 COMMUNITY HEALTH CHARITIES 156948 02/28/2013 002945 CONSOLIDATED ELECTRICAL DIST. 156949 02/28/2013 001264 COSTCO WHOLESALE 156950 02/28/2013 010650 CRAFTSMEN PLUMBING & HVAC INC 156951 02/28/2013 014364 CUNNINGHAM, GRISELDA CLEMENTINA (Continued) Description Amount Paid Check Total sound equip rental: Theater misc sound/lighting supplies: Theater ASPHALT PURCH:CITYWIDE STREET REPAIRS ASPHALT PURCH:CITYWIDE STREET RE ASPHALT PURCH:CITYWIDE STREET RE ASPHALT PURCH:CITYWIDE STREET RE ASPHALT PURCH:CITYWIDE STREET RE ASPHALT PURCH:CITYWIDE STREET RE filing fee:CDFG notification:pw00-26 Jan DUI & drug testing: Police Murr. Crk Brdg Water Quality Certif. RELOCATION SRVCS:MURR CRK/OVERLAND EXT RELOCATION SERVICES:PW CIP DIVISIC RELOCATION SERVICES:PW CIP DIVISIC SUPPORT PMT release claims payment Community Health Charities Payment misc electrical supplies: var parks misc supplies: human svcs pgrm misc supplies: Theater Hospitality plumbing svcs: crc plumbing svcs: OT restrooms replace cabinets/countertops: crc TCSD instructor earnings 232.00 178.00 897.49 481.80 522.65 151.20 335.60 902.70 4,482.75 1.715.00 944.00 3,311.25 3,375.00 787.50 182.77 150.00 44.00 106.36 82.53 104.49 495.00 156.00 28,232.00 399.00 410.00 3,291.44 4,482.75 1,715.00 944.00 7,473.75 182.77 150.00 44.00 106.36 187.02 28,883.00 399.00 156952 02/28/2013 015300 CVR COMPUTER SUPPLIES Toner cartridges:info tech 1,007.00 1,007.00 Page2 apChkLst 02/28/2013 3:46:57PM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 156953 02/28/2013 014580 DANCE THEATRE COLLECTIVE 156954 02/28/2013 001393 DATA TICKET, INC. 156955 02/28/2013 012600 DAVID EVANS & ASSOCIATES INC 156956 02/28/2013 003945 DIAMOND ENVIRONMENTAL SRVCS 156957 02/28/2013 004192 DOWNS COMMERCIAL FUELING INC 156958 02/28/2013 002981 DYNA MED 156959 02/28/2013 002390 EASTERN MUNICIPAL WATER DIST 156960 02/28/2013 004068 ECALDRE MANALILI-DE VILLA, AILEEN 156961 02/28/2013 015633 ENRIGHT, ELIZABETH 156962 02/28/2013 003665 EXCEL COMMERCIAL (Continued) Description Amount Paid Check Total settlmnt Dancexchange 2/19 Parking citation processing:police CONSULTING SRVCS:BUTTERFIELD RD EXT. - portable restroom svcs:var parks portable restroom svcs:var parks portable restroom svcs:var parks portable restroom svcs:var parks Fuel for City vehicles: Police Fuel for City vehicles:tcsd/pw Fuel for City vehicles:pw Ind/cip/npdes Fuel for City vehicles: pw traffic Feb Fuel for City vehicles:B&S Fuel for City vehicles:Ping/code enf Misc first aid supplies:aquatics pgrm Feb water meter:39569 Seraphina Rd Feb water meter:39656 Diego Dr Feb water meter:Murr hot springs rd Feb water meter:Murr hot springs rd TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings' TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor eamings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings refund:sec dep:rm rental:CRC 94.50 1,596.70 2,565.00 52.80 52.80 52.80 52.80 53.80 2,702.14 413.42 476.66 585.91 337.20 155.48 158-68 73.92 60.01 18.57 224.00 171.50 196.00 49.00 294.00 182.00 318.50 196.00 283.50 98.00 200.00 94.50 1,596.70 2,565.00 211.20 4,569.13 155.48 311.18 2,012.50 200.00 Jan long distance phone svcs 54.45 54.45 Page3 apChkLst Final Check List Page: 4 02128/2013 3:46:57PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 156963 02/28/2013 001056 EXCEL LANDSCAPE Description Amount Paid Check Total repair backflow sys: villages slope 294.31 repair backflow sys: presley slope 294.31 upgraded irrigation install: var slopes 700.00 Idscp planting svcs: sam hicks park 1,620.00 Idscp improvement: crowne hill slope 7,265.00 butterfield stage ldscp rehabilitation 6,194.00 Idscp improvement: crowne hill slope 985.00 Idsp planting svcs: civic center 1,500.00 credit billing adj:Indscp maint:civic -60.00 irrigation repair svcs: villages slope 260.89 replace landscape:tem pkwy median 1,175.00 Idscp improvements: civic center 480.00 Idscp repairs: temecula pkwy median 782.00 upgr irrig bubbler:signet series slope 700.00 22,190.51 156964 02/28/2013 015345 EXPRESS VIDEO SUPPLY, INC. misc av room supplies: info tech 392.35 392.35 156965 02/28/2013 015636 FERRER, KATHERINE refund:Courage & strength bk 9.99 9.99 Page:4 apChkLst Final Check List Page: 5 02/2812013 3:46:57PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156966 02/28/2013 003347 FIRST BANKCARD CENTER 000203 JOBS AVAILABLE INC AA Advertise job openings:finance,tcsd 455 00 014583 PALUMBO'S RISTORANTE, LLC M refreshments:interview panel 1/16 68.33 015640 EVENTBRITE AA Funding the big idea:eco dev 45.00 000152 CALIF PARKS & RECREATION AA CPRS job announcements:HR 75.00 SOC 015446 ORGANIZATIONAL WIDE AA finance integration 2,000.00 LEADERSHIP 006952 PAYPAL M Verisign payflow pro transaction 217.50 015639 REZA CAFE AA finance working lunch 54.00 015640 EVENTBRITE AA Funding the big idea:eco dev 45.00 015641 STATE OF THE ART INC AA State of the Art dvd 40.47 011383 CAL STATE SAN MARCOS AA Regist:report to comm 2/7:M 25.00 UARSC 003964 OFFICE DEPOT BUSINESS SVS M L26 digital camera 86.39 DIV 014156 JKM PRODUCTS M Tri -strip royal 5/8" 60.49 CORPORATION 015537 CRAIGSLIST.ORG M Posting senior recreation leader 25.00 007282 AMAZON.COM, INC BOOKS:LIBRARY- 53.67 007282 AMAZON.COM, INC BOOKS:LIBRARY- 28.06 007282 AMAZON.COM, INC BOOKS:LIBRARY- 16.16 007282 AMAZON.COM, INC M BOOKS LIBRARY 32.38 007282 AMAZON.COM, INC AA BOOKS: LIBRARY 29.15 007282 AMAZON.COM, INC AA BOOKS: LIBRARY 32.35 008460 YOSEMITE INC MN hotel:22nd annual bldg conf 3/14-17 252.97 001048 ROSAS CANTINA SJ meals:council closed session 1/8 131.36 RESTAURANT 000172 GASB SJ GASB acctg materials:finance 332.00 014115 GAMBLING COWBOY SJ meals:council closed session 1/22 216.00 CHOPHOUSE, THE 008669 VONS SJ music appreciation:council mtgs 46.43 000175 GOVERNMENT FINANCE SJ CAFR submission to GFOA 580.00 OFFICERS' 013851 STORM SOURCE, LLC MH appointment plus 20.00 008952 PAYPAL MH Verisign payflow pro 59.95 Page:5 apChkLst Final Check List 02128/2013 3:46:57PM CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 013851 STORM SOURCE, LLC MH appointment plus 20.00 013338 APPLE STORE MH computer equip & software:JC 499.00 013338 APPLE STORE MH computer equip & software:JC 215.95 015421 SURVEYMONKEY.COM MH surveymonkey.com 24.00 008571 AMTRAK GB Transportation:USACE conf 1/9 28.00 010175 METROLINK GB metrolink:USACE conf 1/9 15.00 015627 NORTH COUNTY TRANSIT GB Sprinter:USACE conf 1/9 2.00 DISTRICT 011659 ULINE INC GB misc supplies:PW Traffic 166.64 015626 EVENTBRITE.COM MN Regist:22nd annual bldg conf 3/14-17 320.00 008460 YOSEMITE INC MN hotel:22nd annual bldg cont 3/14-17 49.00 156967 02/28/2013 014393 FONSTAD, RONALD EUGENE CPR/AED supplies: Medics 745.15 156968 02/28/2013 010326 G E MOBILE WATER, INC Washer supplies: Sta 73 Washer supplies: Sta 73 Washer supplies: Sta 73 59.00 25.92 63.73 6,367.25 745.15 148.65 156969 02/28/2013 013552 GANDS PRODUCTIONS LLC Country © The Mere 2/16/13 766.50 766.50 156970 02/28/2013 015630 GIGMASTERS.COM, INC. Bking fee:Trio Los Azulado Mariachis 5/5 24.75 24.75 156971 02/28/2013 000177 GLENNIES OFFICE PRODUCTS Misc. office supplies: Prevention 426.85 426.85 INC 156972 02/28/2013 015637 GLOMAH, TABLA refund:bal on acct:TCSD 247.74 247.74 156973 02/28/2013 003792 GRAINGER Misc Stage Supplies: Theater 111.79 111.79 156974 02/28/2013 005311 H2O CERTIFIED POOL WATER swimming pool maint srvcs: crc pool 1,925.00 1,925.00 SPCL. 156975 02/28/2013 015418 HARLEY EARL, INC. Museum exhibit lease:t. mus 2/28-4/28 2,475.00 2,475.00 156976 02/28/2013 006250 HAZ MAT TRANS INC haz mat srvcs:var city locations 1,291.94 1,291.94 156977 02/28/2013 000871 HILTON HtI:CPRS Awards 3/8 C. Fox 206.66 206.66 Pages apChkLst Final Check List Page: 7 02/28/2013 3:46:57PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 156978 02/28/2013 010210 HOME DEPOT SUPPLY INC, THE 156979 02/28/2013 014282 HOWARD L. KATZ Description Amount Paid Check Total misc maint supplies: various park sites 37.13 misc maint supplies: various park sites 124.59 refund:sec dep:rm rental:Harveston 200.00 156980 02/28/2013 012342 INLAND CUTTER SERVICE INC Equip repair & maint:central srvcs 285.00 Equip repair & maint:central srvcs 550.00 156981 02/28/2013 013695 INLAND EMPIRE SHRED IT 156982 02/28/2013 006914 INNOVATIVE DOCUMENT SOLUTIONS 1/28 doc shred svcs: Civic Ctr 60.00 1/28 doc shred svcs: Library 15.00 1/28 doc shred svcs: CRC 16.80 2/4 doc shred svcs: PD mall offc 15.00 1/28 doc shred svcs: Police O.T.Stn 15.00 PRINT KIT:TVE2 COPIER 734.40 161.72 200.00 835.00 121.80 Jan copier mainVrepair/usage:library 818.19 Jan copier maint/repair/usage:citywide 7,518.20 9,070.79 156983 02/28/2013 001407 INTER VALLEY POOL SUPPLY mist pool supplies: var sites 1,330.77 1,330.77 INC 156984 02/28/2013 003266 IRON MOUNTAIN OFFSITE Offsite Media Storage: Records 534.79 534.79 156985 02/28/2013 012285 JOHNSTONE SUPPLY exhaust fan motor: pbsp snackbar 82.13 water pumps: pw facilities maint 669.04 751.17 156986 02/28/2013 015358 KELLY PAPER COMPANY, INC. Copy paper- Central Services 4,154.63 4,154.63 156987 02/28/2013 001091 KEYSER MARSTON Jan real estate consulting:affrd housing 386.25 386.25 ASSOCIATES INC 156988 02/28/2013 015634 KOINONIA FOSTER HOMES, refund:sec dep:rm rental:Harveston 200.00 200.00 INC. 156989 02/28/2013 014817 LAPP, JEREMY SCOTT Cabaret @ The Merc 2/24/13 735.00 735.00 156990 02/28/2013 003726 LIFE ASSIST INC EMERGENCY MEDICAL SUPPLIES: 47.79 47.79 MEDICS 156991 02/28/2013 014228 LSK, LLC Mar facility lease pmt:harveston center 4,853.88 4,853.88 156992 02/28/2013 003782 MAIN STREET SIGNS misc street signs: pw street maint 1,554.23 misc street signs: pw street maint 149.04 1,703.27 156993 02/28/2013 006571 MELODY'S AD WORKS INC. Reimbursables:old town promotions 110.35 110.35 Page:7 apChkLst Final Check List Page: 8 02128/2013 3:46:57PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 156994 02/28/2013 012526 MONTANO, ELENA 156995 02/28/2013 010908 MR APPLIANCE OF WINCHESTER Description Amount Paid Check Total refund:sec dep:rm rental:CRC 200.00 200.00 equip repair: pbsp snack bar 240.00 240.00 156996 02/28/2013 010168 MYERS & SONS HI -WAY mist traffic contrl items:pw street 1,369.12 1,369.12 SAFETY INC 156997 02/28/2013 002292 OASIS VENDING misc kitchen supplies: foc misc kitchen supplies: civic center 156998 02/28/2013 003964 OFFICE DEPOT BUSINESS SVS MISC OFFICE SUPPLIES:PW DEPTS DIV 101.48 498.77 600.25 103.26 MISC OFFICE SUPPLIES:PW DEPTS 19.16 MISC OFFICE SUPPLIES:PW DEPTS 60.05 182.47 156999 02/28/2013 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 36.35 City Vehicle Maint Svcs:TCSD 32.10 City Vehicle Maint Svcs:TCSD 643.44 City Vehicle Maint Svcs:Code Enf 444.30 CITY VEHICLE MAINT SVCS: TCSD 79,55 1,235.74 157000 02/28/2013 001171 ORIENTAL TRADING COMPANY misc supplies for csd special events 30.99 30.99 INC 157001 02/28/2013 000249 PETTY CASH Petty Cash Reimbursement 379.55 379.55 157002 02/28/2013 001999 PITNEY BOWES 3/16-6/15 postage for meter: Sta 84 92.29 92.29 157003 02/28/2013 010338 POOL & ELECTRICAL mist supplies & chemicals: var pools 15.38 PRODUCTS INC 157004 02/28/2013 011549 POWER SPORTS UNLIMITED 157005 02/28/2013 000254 PRESS ENTERPRISE COMPANY INC 157006 02/28/2013 013725 PROCRAFT INC 157007 02/28/2013 000262 RANCHO CALIF WATER DISTRICT misc supplies & chemicals: var pools 341.35 mist supplies & chemicals: var pools 189.01 misc supplies & chemicals: var pools 24.73 570.47 Veh repair & maint:police 504.95 504.95 3/6/13-3/4/14 subscr: City Mgr's office 207.67 207.67 door repair srvcs: civic ctr lobby 285.00 285.00 Feb var water meters:TCSD & PW 97.01 Jan DC water meter:41375 McCabe Ct 36.78 Jan comm water meter:41375 McCabe Ct 91.93 Feb var water meters:TCSD svc lev C 3,498.13 Jan var water meters:Calle Elenita 31.81 3,755.66 Page apChkLst Final Check List Page: 9 02/28/2013 3:46:57PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157008 02/28/2013 015635 REGAN, SUSAN refund:Ballroom dances 3201.102 7.00 7.00 157009 02/28/2013 003591 RENES COMMERCIAL weed abatement:pechanga pkwy mitig 14,500.00 14,500.00 MANAGEMENT 157010 02/28/2013 010777 RIVERSIDE CO EXECUTIVE misc SCFA admin expenses 458.33 458.33 OFFICE 157011 02/28/2013 004822 RIVERSIDE TRANSIT AGENCY Jan trolly services payment 1,678.74 1,678.74 157012 02/28/2013 012251 ROTH, DONALD J. TCSD Instructor Earnings 693.00 693.00 157013 02/28/2013 013376 SECURITY SIGNAL DEVICES security sys repairs: civic center 278.00 278.00 INC 157014 02/28/2013 008529 SHERIFF'S CIVIL DIV - SUPPORT PMT 300.00 300.00 CENTRAL 157015 02/28/2013 009213 SHERRY BERRY MUSIC Jazz @ the Merc 02/14/13 609.00 Jazz @ the Merc 02/20/13 495.60 Jazz @ the Merc 02/21/13 617.00 157016 02/28/2013 004498 SIEMENS INDUSTRY, INC. Traffic signal repair & maint:PW Traffic 873.83 1,721.60 873.83 157017 02/28/2013 009746 SIGNS BY TOMORROW Signage:TVE2 210.38 Public ntc posting xx-0275-7:planning 459.60 Public ntc posting xx-0033/34:planning 109,30 Public ntc posting xx-0033/34:planning 109.30 Public ntc posting xx-0248:planning 148.20 Public ntc posting xx-0224:planning 296.40 Public ntc posting xx-0275-7:planning 249.60 1,582.78 157018 02/28/2013 004814 SIMON WONG ENGINEERING Jan const support srvcs:main st bridge 6,793.80 6,793.80 INC 157019 02/28/2013 000645 SMART & FINAL INC Misc supplies:mpsc 115.39 115.39 157020 02/28/2013 000537 SO CALIF EDISON Feb 2-34-624-4452:32131 S Loop rd lot 654.97 Jan 2-28-331-4847:32805 Pauba rd LS3 99.75 Jan 2-30-099-3847:29721 Ryecrest 23.65 Jan 2-30-296-9522:31035 Rancho vista 383.29 Jan 2-33-357-5785:44747 Redhawk pkwy 30.14 Jan 2-27-560-0625:32380 Deerhollow 2,692.79 157021 02/28/2013 001212 SO CALIF GAS COMPANY Feb 015-575-0195-2:32211 Wolf vly rd 279.65 Jan 055-475-6169-5:PHBSP 160.30 3,884.59 439.95 Page9 apChkLst 02/28/2013 Final Check List 3:46:57PM CITY OF TEMECULA Page: 10 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 157022 02/28/2013 000519 SOUTH COUNTY PEST CONTROL INC 157023 02/28/2013 014665 STAR WAY SYSTEMS CORPORATION 157024 02/28/2013 006145 STENO SOLUTIONS TRANSCRIPTION 157025 02/28/2013 009452 STRAWN, WILLIAM R. 157026 02/28/2013 003840 STRONGS PAINTING 157027 02/28/2013 013387 SWEEPING UNLIMITED INC 157028 02/28/2013 010924 T & D COMMUNICATIONS, INC. 157029 02/28/2013 000305 TARGET BANK BUS CARD SRVCS 157030 02/28/2013 012265 TEMECULA ACE HARDWARE C/O 157031 02/28/2013 003677 TEMECULA MOTORSPORTS LLC 157032 02/28/2013 010493 TEMECULA TOWNE CENTER ASSOC LP 157033 02/28/2013 011736 TEMECULA TROPHY INC 157034 02/28/2013 005970 TEMECULA VALLEY PLAYERS 157035 02/28/2013 004274 TEMECULA VALLEY SECURITY CENTR 157036 02/28/2013 013536 THE GIVING INTERNATIONAL (Continued) Description Amount Paid Check Total eradicate bees: fvly pkwy: mc cabe st Portable video camera riser/platform Jan transcription srvcs:Police Reimb:ETC Gio Trng 1/28-30 painting srvcs: crc Feb sweeping srvcs: of parking garage Cabling:civic center & offsite MISC SUPPLIES:CHILDREN'S MUSEUM misc maint supplies: var park sites misc maint supplies: var park sites Misc hardware supplies: Sta 92 Misc hardware supplies: Sta 92 Veh repair & maint:police Veh repair & maint:police Mar lease payment: pd mall office Recognition plaques:human svcs/sr's On Golden Pond ticket sales 2/4-17/13 replace exit device parts: theater locksmith srvcs:civic ctr canyons room refund:sec dep:picnic rental:RRSP 94.00 749.46 389.90 297.00 500.00 500.00 653.58 10.06 4.74 8.76 40.07 9.81 617.66 231.04 1,458.33 453.60 7,382.28 718.32 115.00 200.00 94.00 749.46 389.90 297.00 500.00 500.00 653.58 10.06 63.38 848.70 1,458.33 453.60 7,382.28 833.32 200.00 157037 02/28/2013 010276 TIME WARNER CABLE Mar high speed internet:Civic Center 4,294.62 4,294.62 Page:10 apChkLst Final Check List Page: 11 02/28/2013 3:46:57PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157038 02/28/2013 015631 TOY, CHRISTINE refund:sec dep:rm rental:Harveston 200.00 200.00 157039 02/28/2013 006192 TRISTAFF GROUP temp help w/e 02/10 P. Laulu 883.20 883.20 157040 02/28/2013 015632 TROOP, DOUGLAS refund:sec dep:rm rental:CRC 200.00 200.00 157041 02/28/2013 005460 U S BANK Trustee admin: '06 Series Bf07 RDA 4,200.00 4,200.00 157042 02/28/2013 002110 UNITED RENTALS NORTH misc supplies:pw street maint 17.14 17.14 AMERICA 157043 02/28/2013 000325 UNITED WAY United Way Charities Payment 25.00 25.00 157044 02/28/2013 012549 UPODIUM Vehicle Maintenance: Sta 12 185.05 Vehicle Maintenance: Sta 73 157045 02/28/2013 014848 VALUTEC CARD SOLUTIONS, Jan ShoWare Gift Card Service: Theater LLC 157046 02/28/2013 004261 VERIZON 135.63 320.68 39.16 39.16 Jan xxx-0074 general usage 2,753.97 Feb xxx-5072 general usage 1,542.62 Feb xxx-8165 alarm lines:enterprise cir 94.00 Feb xxx-2886 general usage:Harveston 88.28 Feb xxx-8625 general usage:Civic Ctr 94.00 4,572.87 157047 02/28/2013 004789 VERIZON Feb Internet svcs:Library 174.99 Feb Internet svcs:Tem PD DSL 49.99 224.98 157048 02/28/2013 015513 VTS TRANSPORTATION, INC. Exhibit shipping:history museum 917.15 917.15 157049 02/28/2013 003730 WEST COAST ARBORISTS INC tree trim & maint srvcs: pw street maint 1,017.00 1,017.00 157050 02/28/2013 013556 WESTERN AUDIO VISUAL Audio visual srvcs:city facilities 1,268 76 1,268,76 157051 02/28/2013 015644 WOODSIDE HOMES OF refund:eng grad dep:L012-004GR 5,330.00 5,330.00 157052 02/28/2013 000348 ZIGLER, GAIL Reimb:2 day grant writing wrkshp 4/8-9 425.00 425.00 Grand total for UNION BANK OF CALIFORNIA: 815,607.00 Page:11 apChkLst Final Check List Page: 12 02128/2013 3:48:67PM CITY OF TEMECULA 129 checks in this report. Grand Total All Checks. 815,607.00 Page:12 apChkLst Final Check List Page: 1 03/07/2013 11:46:12AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2119 02/28/2013 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 136,003.56 136,003.56 RETIREMENT) 2121 02/28/2013 000283 INSTATAX (IRS) Federal Income Taxes Payment 72,321.11 72,321.11 2122 02/28/2013 000444 INSTATAX (EDD) State Disability Ins Payment 20,439.78 20,439.78 2124 03/05/2013 005460 U S BANK SPY# 1 payment 78,505.02 78,505.02 157053 03/07/2013 004973 ABACHERLI, LINDI TCSD instructor earnings 525.00 525.00 157054 03/07/2013 015031 ABOVE ALL NAMES Rel. retention::citywide concrete 7,525.77 7,525.77 CONSTRUCTION 157055 03/07/2013 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 72046 (AFN) DUI & drug screenings: Police 423.80 157056 03/07/2013 015591 ANDERSON, GREG Theater performance on 2/24/13 4,000.00 157057 03/07/2013 013950 AQUA CHILL OF SAN DIEGO 157058 03/07/2013 015553 BARRETT VANTAGE ARTISTS 157059 03/07/2013 004040 BIG FOOT GRAPHICS maint svcs:drinking water sys:civic ctr Theater performance on 2/24 TCSD instructor earnings TCSD instructor eamings 1,144.26 4,000.00 176.04 176.04 1,000.00 1,000.00 805.00 630.00 1,435.00 157060 03/07/2013 012583 BLANCA PRICE Ldscp plan check/inspection:planning 5,090.00 5,090.00 157061 03/07/2013 000128 BROWN & BROWN INSURANCE 68712337 cna surety: Jones, Susan 350.00 71373267 cna surety: Adams, Aaron 350.00 700.00 157062 03/07/2013 014089 BRYANT, TIM Performance:bluegrass festival 2013 400.00 400.00 157063 03/07/2013 010817 BURNS, DAVID Performance:bluegrass festival 2013 1,500.00 1,500.00 157064 03/07/2013 015645 CAHILL, GREGORY J. Performance:bluegrass festival 2013 4,500.00 4,500.00 157065 03/07/2013 003138 CAL MAT ASPHALT PURCH:CITYWIDE STREET 90046 REPAIRS ASPHALT PURCH:CITYWIDE STREET RE 84.50 984.96 157066 03/07/2013 001054 CALIF BUILDING OFFICIALS 4/13-4/14 calbo mb:Johnston, R. 215.00 215.00 157067 03/07/2013 015090 CLEARWATER SYSTEMS CORP hvac water syst maint svcs: civic ctr 550.00 550.00 157068 03/07/2013 002945 CONSOLIDATED ELECTRICAL misc electrical supplies: pennypickle 388.80 388.80 DIST. 157069 03/07/2013 013379 COUSSOU, CELINE TCSD Instructor Eamings 30240 TCSD Instructor Earnings 259.00 TCSD Instructor Earnings 15540 716.80 157070 03/07/2013 015213 CYBER COMPUTERS, INC. Large format scanner:info tech 157071 03/07/2013 003210 DALLAS MIDWEST 40" understage-chair caddy:CRC 157072 03/07/2013 002990 DAVID TURCH &ASSOCIATES Feb legislative consult svcs:cm ofc 157073 03/07/2013 007057 DERN BACH, ESTHER MARIE TCSD instructor earnings 13,878.00 13,878.00 380.32 380.32 3,500.00 3,500.00 210.00 210.00 Pagel apChkLst Final Check List Page: 2 03/07/2013 11:46:12AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157074 03/07/2013 014209 DOLPHIN SAFARI, INC. Excursion:MPSC pgrm 3/19 157075 03/07/2013 004192 DOWNS COMMERCIAL Fuel for Cityvehicles:PW Maint FUELING INC 157076 03/07/2013 011202 EMH SPORTS USA, INC TCSD instructor earnings TCSD instructor eamings TCSD instructor eamings 625.00 625.00 2,015.23 2,015.23 588.00 420.00 392.00 1,400.00 157077 03/07/2013 001056 EXCEL LANDSCAPE irrig mainline repair: paseodelsol 1,020.00 1,020.00 157078 03/07/2013 013552 GANDS PRODUCTIONS LLC Settlement:Country...Merc 3/2 905.25 905.25 157079 03/07/2013 013076 GAUDET, YVONNE M. TCSD instructor earnings 40040 400.40 157080 03/07/2013 009608 GOLDEN VALLEY MUSIC Settlement:Classics...Merc Feb '13 882.00 882.00 SOCIETY 157081 03/07/2013 015451 GREATAMERICA LEASING MAR COPIER LEASE:CIVIC 1,341.70 CORP CENTER/TVE2 COPIER LEASE- 28944 1,631.14 157082 03/07/2013 015080 HANCOCK, LORENA TCSD instructor earnings 140.00 TCSD instructor eamings 112.00 252.00 157083 03/07/2013 015649 HERGERT, DONALD L. 157084 03/07/2013 004406 IGOE & COMPANY INC 157085 03/07/2013 001186 IRWIN, JOHN 157086 03/07/2013 014090 JOHANNING, JEFF 157087 03/07/2013 006750 KB HOME COASTAL, INC. 157088 03/07/2013 001091 KEYSER MARSTON ASSOCIATES INC 157089 03/07/2013 013982 MCI COMM SERVICE 157090 03/07/2013 015018 MAASBERG, LAURA CITLALI 157091 03/07/2013 004307 MARINE BIOCHEMISTS Performance:bluegrass festival 2013 Feb flex benefit plan pmt TCSD instructor earnings TCSD instructor eamings 1,000.00 1,000.00 215.00 215.00 470.40 4.90 475.30 Performance:bluegrass festival 2013 400.00 400.00 refund:Bal on acct:Manzanita © Paseo 1,706.98 1,706.98 CONSULTING SRVCS:ECO DEV- 8,271.25 8,271.25 Feb xxx-0714 gen usage:PD mall alarm 31.43 Feb xxx-0346 general usage 30.54 61.97 TCSD Instructor Eamings TCSD Instructor Earnings 105.00 31.50 136.50 Feb water maint srvcs:Harv/Duck Pond 3,900.00 install aeration diffuser: duck pond 157092 03/07/2013 014767 MARKETING POWER, INC. parking lot improvements: crc 157093 03/07/2013 011920 MASTER CONCEPTS LLC 157094 03/07/2013 014392 MC COLLOUGH, JILL DENISE TCSD Instructor Eamings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD instructor eamings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 2,167.62 6,067.62 2,100.00 2,100.00 826.70 762.57 735.00 588.00 514.50 514.50 514.50 367.50 367.50 367.50 294.00 220.50 Feb interior plants lease:civic center 525.00 Feb interior plants lease:library 6,072.77 200.00 725.00 Page2 apChkLst Final Check List Page: 3 03/07/2013 11:46:12AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157095 03/07/2013 011179 MC MILLIN REDHAWK LLC Description Amount Paid Check Total TCSD Instructor Eamings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 157096 03/07/2013 000944 MCCAIN TRAFFIC SUPPLY INC Traffic signal equip:pw traffic div 157097 03/07/2013 006571 MELODYS AD WORKS INC. Mar marketing & promo srvcs: old town 157098 03/07/2013 007669 MILES, KATRINA TCSD Instructor Eamings 157099 03/07/2013 012962 MILLER, MISTY TCSD Instructor Eamings TCSD Instructor Earnings 157100 03/07/2013 001868 MIYAMOTO-JURKOSKY, SUSAN ANN 630.00 455.00 364.00 280.00 224.00 2,404.09 3,000.00 1,953.00 2,404.09 3,000.00 147.00 147.00 539.00 171.50 710.50 TCSD Instructor Eamings 392.00 TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 157101 03/07/2013 001986 MUZAK LLC Mar dish network programing:foc 157102 03/07/2013 014391 NICHOLS, KELLIE D. TCSD Instructor Eamings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 157103 03/07/2013 006140 NORTH JEFFERSON BUSINESS ASSN DUES:FRENCH VLY PARK INTERCHANGE - ASSN DUES:FRENCH VLY INTERCHANGI 157104 03/07/2013 003964 OFFICE DEPOT BUSINESS SVS DIV ASSN DUES:FRENCH VLY INTERCHANGI 392.00 392.00 262.50 1,438.50 128.31 128.31 630.00 546.00 294.00 210.00 7.00 676.82 536.01 1,687.00 498.15 1,710.98 Misc office supplies:old town pd office 129.76 Office supplies:TCSD Admin Misc office supplies:police mall office Misc office supplies:police mall office Misc office supplies:old town pd office Misc office supplies:police mall office 97.37 78.27 67.26 36.06 16.63 425.35 157105 03/07/2013 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Maint 284.85 City Vehicle Maint Svcs:PW Traffic 36.35 City Vehicle Maint Svcs:PW CIP 32.34 City Vehicle Maint Svcs:PW CIP 31.26 384.80 157106 03/07/2013 002105 OLD TOWN TIRE & SERVICE CITYVEHICLE MAINT SVCS:TCSD 215.75 215.75 157107 03/07/2013 005656 PAPA Pesticide appl. sem:3/28 M. Wiechec 80.00 80.00 157108 03/07/2013 004538 PAU LEY EQUIPMENT COMPANY misc equip repairs: various park sites 157109 03/07/2013 010338 POOL & ELECTRICAL PRODUCTS INC 26.76 26.76 misc supplies & chemicals: var pools 283.50 misc supplies & chemicals: var pools 283.50 chemicals & supplies: park fountains 157110 03/07/2013 002176 RANCHO CALIF BUS PK ASSOC Apr -Jun bus.park assn. dues:TVE2 Apr -Jun bus.park assn. dues:Diaz Rd Apr -Jun bus.park assn. dues:FOC 157111 03/07/2013 000262 RANCHO CALIF WATER DISTRICT 178.49 745.49 1,294.03 1,177.57 1,067.57 Feb var water meters:TCSD svc lev C 3,613.35 Feb var water meters:PW Feb var water meter:30875 Rancho vista Feb var water meters:Fire Stns 157112 03/07/2013 005383 RANCHO SPRINGS MEDICAL Jan sexual assault exams:police CENTER 1,077.20 690.18 229.69 3,539.17 5,610.42 900.00 900.00 Pages apChkLst Final Check List Page: 4 03/07/2013 11:46:12AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 157113 03/07/2013 011853 RANCON COMMERCE CNTR PH2,3&4 157114 03/07/2013 000271 RBF CONSULTING 157115 03/07/2013 012525 RCGIA 157116 03/07/2013 015652 RICHMOND AMERICAN HOMES 157117 03/07/2013 000353 RIVERSIDE CO AUDITOR 157118 03/07/2013 000418 RIVERSIDE CO CLERK & RECORDER 157119 03/07/2013 000418 RIVERSIDE CO CLERK & RECORDER 157120 03/07/2013 000411 RIVERSIDE CO FLOOD CONTROL 157121 03/07/2013 001592 RIVERSIDE CO INFO TECHNOLOGY 157122 03/07/2013 014593 RKR MARKETING & ADVERTISING 157123 03/07/2013 002226 RUSSO, MARYANNE 157124 03/07/2013 015646 SALTY SUITES 157125 03/07/2013 000278 SAN DIEGO UNION TRIBUNE 157126 03/07/2013 000278 SAN DIEGO UNION TRIBUNE 157127 03/07/2013 013519 SENSATA TECHNOLOGIES 157128 03/07/2013 009213 SHERRY BERRY MUSIC 157129 03/07/2013 004498 SIEMENS INDUSTRY, INC. 157130 03/07/2013 004460 SILVERADO BLUEGRASS BAND 157131 03/07/2013 000645 SMART & FINAL INC 157132 03/07/2013 000374 SO CALIF EDISON (Continued) Description Amount Paid Check Total Apr -Jun bus.park assn. dues:Stn 73 Apr -Jun bus.park assn. dues:Ovrind Prjt Apr -Jun bus.park assn. dues:Ovrind Prjt JAN ENG SRVCS:I-15/SR-79 ULT INTRCHG 3 -day gang trng 3/11-13 Dep.Gonzalez refund:bal on acct:Emery Place! Jan '13 parking citation assessments Ntc exemption:CRC omamental fencing Ntc exemption:Fire Stn 84 encroachment permit deposit:F.V. ph II Jan police radio rental:Police/Prk Rngrs Promo items:eco dev marketing pgrm TCSD Instructor Eamings TCSD Instructor Earnings Performance:bluegrass festival 3/16-17 Jan advertising:theater pe 1/6 subcr srvcs:mpsc pe 1/13 subcr srvcs:mpsc pe 1/20 subcr srvcs:mpsc Inverter repairs:pw traffic Inverter repairs:pw traffic Inverter repairs:pw traffic Inverter repairs:pw traffic Jazz © the Merc 02/28/13 TRFF SGNL POLE REPLACEMENT:MARGNEDES LN Entertainment:bluegrass festival 3/16 Misc supplies:high hopes pgrm traffic controller:Jefferson/F.V. Pkwy 490.31 239.08 170.19 21,674.96 100.00 3,239.00 5,367.25 50.00 50.00 2,000.00 932.11 316.33 654.50 336.00 1,200.00 648.00 6.51 6.51 2.60 249.04 241.87 241.87 241.22 523.00 14,441.06 2,000.00 110.52 899.58 21,674.96 100.00 3,239.00 5,367.25 50.00 50.00 2,000.00 932.11 316.33 990.50 1,200.00 648.00 15.62 974.00 523.00 14,441.06 2,000.00 110.52 1,431.77 1,431.77 Page4 apChkLst Final Check List Page: 5 03/07/2013 11:46:12AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 157133 03/07/2013 000537 SO CALIF EDISON 157134 03/07/2013 001212 SO CALIF GAS COMPANY 157135 03/07/2013 000519 SOUTH COUNTY PEST CONTROL INC 157136 03/07/2013 001546 STRAIGHT LINE GLASS 157137 03/07/2013 009061 STURDIVANT, ANGELA P. 157138 03/07/2013 015493 SWEENEY, TIMOTHY P. 157139 03/07/2013 000305 TARGET BANK BUS CARD SRVCS 157140 03/07/2013 012265 TEMECULA ACE HARDWARE C/0 157141 03/07/2013 003677 TEMECULA MOTORSPORTS LLC (Continued) Description Amount Paid Check Total Feb 2-32-903-8293:41000 Main St Feb 2-00-397-5042:43200 bus pk dr #1 Feb 2-29-224-0173:various Fire Stns Feb 2-29-933-3831:43230 Bus pk dr Feb 2-31-536-3226:28690 Mercedes Feb 2-31-912-7494:28690 Mercedes St Feb 2-30-520-4414:32781 Tem pkwy LS3 Feb 2-31-536-3655:41904 Main St Feb 2-25-393-4681:41951 Moraga Rd Feb 2-02-351-4946:41845 6th St Feb 2-29-295-3510:32211 Wolf vly rd Feb 2-29-223-8607:42035 2nd St PED Feb 2-18-937-3152:28314 Mercedes Feb 2-31-536-3481:41902 Main St Feb 2-28-904-7706:32329 Overland LS3 Feb 2-35-074-2847:27495 Enterprise cir w Feb 2-19-171-8568:28300 Mercedes St Feb 2-14-204-1615:30027 Front st rdio Feb 2-27-371-8494:42189 Winchester rd Feb 2-29-953-8082:31523 Wolf vly rd Feb 2-29-953-8249:46497 Wolf crk dr Feb 2-35-164-3770:43487 Butterfield stg Feb 2-35-164-3242:44270 Meadows pkwy Feb 2-31-282-0665:27407 Diaz rd PED Feb 2-31-031-2616:27991 Diaz rd PED Feb 2-34-333-3589:41702 Main St Feb 2-29-807-1226:28077 Diaz rd PED Feb 2-29-807-1093:28079 Diaz rd PED Feb 2-35-164-3515:32932 Leena way Feb 2-35-164-3663:42335 Meadows pkwy Feb 2-21-981-4720:30153 Tem pkwy tpp Feb 2-29-657-2787:41638 Winchester Feb 2-31-419-2873:43000 Hwy -395 Jan -Feb 091-024-9300-5:30875 Rancho Jan -Feb 129-535-4236-7:Civic Cneter Feb 125-244-2108-3: Library Jan -Feb 026-671-2909-8:Comm Theater Feb 101-525-1560-6:27415 Enterprise cir Jan -Feb 129-582-9784-3:43230 Bus pk dr Feb 095-167-7907-2:30650 Pauba Rd Jan -Feb 021-725-0775-4:Senior Center Jan -Feb 101-525-0950-0:28816 Pujol St Jan -Feb 181-383-8881-6:Museum Jan -Feb 196-025-0344-3:42081 Main Jan -Feb 133-040-7373-0:Maint Fac Feb 028-025-1468-3:41375 McCabe Ct pest control srvcs:pbsp snack bar SP -08 install window blinds: civic center replace broken glass window: crc TCSD Instructor Eamings T.S. Motivational Comedy ticket sales misc recreation supplies:crc MISC SUPPLIES:CHILDREN'S MUSEUM misc maint supplies: var park sites Veh repair & maint:police motorcycles 10,383.68 2,103.15 1,727.10 1,610.26 1,540.15 1,343.72 1,070.73 946.51 885.80 743.17 648.82 597.00 381.82 268.75 142.18 76.10 68.39 35.50 29.04 28.88 28.03 27.15 25.86 25.30 25.30 24.93 24.87 24.87 24.72 24.72 24.48 24.45 24.30 2,630.50 2,049.08 725.85 513.08 388.68 290.14 275.86 271.45 196.36 194.02 153.93 26.05 21.52 70.00 1,838.52 251.86 617.40 504.00 66.84 40.94 46.30 1,226.84 Veh repair & maint:police 776.89 Veh repair & maint:police motorcycles 24,959.73 7,736.52 70.00 2,090.38 617.40 504.00 107.78 46.30 465.11 2,468.84 Pages apChkLst Final Check List Page: 6 03/07/2013 11:46:12AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157142 03/07/2013 011736 TEMECULA TROPHY INC Description Amount Paid Check Total RECOGN. PLAQUE: C. FOX 91.80 AWARDS & RECOGNITION:CSD PGRMS 21.60 113.40 157143 03/07/2013 000515 TEMECULA VALLEY CHAMBER Membership dues:TCC 6227 230.00 230.00 OF 157144 03/07/2013 003941 TEMECULAWINNELSON water heater: theater 181.44 181.44 COMPANY 157145 03/07/2013 008379 THEATER FOUNDATION, THE Readers Theatre in The Merc 2/27 147.00 147.00 157146 03/07/2013 010276 TIME WARNER CABLE Mar high speed internet:Library 507.10 Mar high speed internet:40135 Village Rd 235.47 742.57 157147 03/07/2013 006192 TRISTAFF GROUP temp help w/e 02/17 P. Laulu 1,104.00 1,104.00 157149 03/07/2013 002702 U S POSTAL SERVICE Jan '13 postage meter deposit Dec' 12 postage meter deposit Nov' 11 postage meter deposit 3,491.85 1,658.28 1,312.74 6,462.87 157150 03/07/2013 011659 ULINE INC Shipping boxes:central services 10744 107.44 157151 03/07/2013 014486 VERIZON WIRELESS 2/16-3/15 Broadband:citywide 431.35 431.35 157152 03/07/2013 006248 WALKER, JESSICA TCSD Instructor Eamings 210.18 210.18 157153 03/07/2013 011915 WARD, JOHN ROBERT Computer loan program 2,000.00 2,000.00 157154 03/07/2013 001342 WAXIE SANITARY SUPPLY INC misc custodial supplies:civic 860.64 860.64 157155 03/07/2013 014712 WIMBERLEY, BRENT D. Performance:bluegrass festival 3/16 400.00 400.00 157156 03/07/2013 004567 WITCHER ELECTRIC install electrical switches: grape drop 945.00 electrical improvements: c.museum 435.00 1,380.00 157157 03/07/2013 009512 WUR MS JANITORIAL SERVICES, INC 157158 03/07/2013 015617 XSAT USA, LLC Mar janitorial srvcs: var city 18,999.51 Mar janitorial services: tve2 781.71 Mar janitorial srvcs:pd civic center 242.25 20,023.47 (5) EOC Satellite Phones: Fire 8,553.90 8,553.90 Grand total for UNION BANK OF CALIFORNIA: 556,072.86 Pages apChkLst Final Check List Page: 7 03/07/2013 11:46:12AM CITY OF TEMECULA 109 checks in this report. Grand Total All Checks. 556,072.86 Page:7 Item No. 4 Approvals City Attorney Director of Finance City Manager Pri/-e-r- OtaL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Interim City Manager DATE: March 26, 2012 SUBJECT: Second Amendment to Professional Services Agreement for Graphic Art and Marketing for Ann Howell Design PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: Approve the Second Amendment to the Professional Services Agreement for graphic art and marketing with Ann Howell Design in the amount of $5,000 for a total agreement amount of $41,981.30, and extend the term of the agreement to June 30, 2013. BACKGROUND: Ann Howell Design has been providing graphic art and marketing services to the City of Temecula for the last several years. In September 2011, the Temecula City Council approved a contract in the amount of $33,619.30 and authorized the City Manager to approve additional work not to exceed the contingency amount of $3,362 for a total agreement of $36,981.30. On June 30, 2012, the Temecula City Council approved a First Amendment extending the term of the agreement. At this time, based upon performance, it is the recommendation of staff that the City Council consider approval of a Second Amendment to the agreement for graphic design/marketing collateral services with Ann Howell Design for additional scope of work. At this time, based upon performance, it is the recommendation of staff that the City Council consider approval of a Second Amendment to the agreement for graphic design/marketing collateral services with Ann Howell Design for additional scope of work. Ann Howell Design will provide a variety of services to the City in this fiscal year. They will include: - Temecula Street Pole Banner Program - Continuation of design of military banners. - Economic Development Logo - Design updated City logo and design guidelines. - Old Town Directional Maps - Update way -finding maps within Old Town. It is staff's recommendation that the Council approve a Second Amendment to the professional services agreement for graphic art and marketing with Ann Howell Design in the amount of $5,000 for a total agreement of $41,981.30, and extend the term of the agreement to June 30, 2013 to continue design and creation of marketing materials for the City of Temecula. FISCAL IMPACT: The Agreement dated September 27, 2011 for $33,619.30 plus contingency in the amount of $3,362 for a total of $36,981.30; and a second amendment for $5000 for a total agreement amount of $41,981.30. Appropriate funding has been budgeted in the Economic Development Line Item in the Fiscal Year 2012-13 Operating Budget. ATTACHMENTS: Second Amendment to Graphic Art and Marketing Agreement SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ANN HOWEL DESIGN GRAPHIC DESIGN SERVICE THIS Second Amendment is made and entered into as of March 26, 2013 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Ann Howell d/b/a Ann Howell Design, a (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 September 27, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Graphic Design Services", in the amount of $33,619.30, plus contingency in the amount of $3,362.00. b. On June 30, 2012, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Graphic Design Services," to add scope of work, extend the term of the agreement to September 30, 2012. c. The parties now desire to add scope of work as set forth in Exhibit A, extend the term of the agreement to June 30, 2013, increase the payment in the amount of $5,000.00, 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, 2013 unless sooner terminated pursuant to the provisions of this Agreement." 3. Section 2. Of the Agreement entitled "SERVICES" is hereby amended to read as follows: " Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A." 4. 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 Second Amendment amount shall not exceed ($5,000.00), for additional Graphic Design Services for a total Agreement amount of Forty Thousand Nine Hundred Eighty One Dollars and 30/100 ($41,981.30). 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 Ann Howell Design (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Ann Howell, Owner ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Ann Howell Design Attn: Ann Howell 26400 Rio Vista Road Hemet, CA 92544 951-927-0453 Phone 951-927-1917 FAX An n.Howell(a�verizon.net 3 PM Initials: D B Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. Economic Development 42 x 66 Poster Finalize Quality of Life Master Plan Springfest Event Promotions Design Autumnfest Event Promotions Design - Winterfest Event Promotions Design - Summerfest Event Promotions Design Design for Military Banners City of Temecula Conference Center Brochure City of Temecula Old Town Demographic Brochure Reality Rally Program Guide Ad City of Temecula Logo Style Guide Temecula Street Pole Banner Program 4 EXHIBIT B Payment Rates and Schedule The City Agrees to pay Howell Design the Amount up to Forty One Thousand Nine Hundred Eight One Dollars and 30/100 ($41,981.30) for the scope of work as described in Exhibit A. 5 Item No. 5 Approvals City Attorney Director of Finance City Manager Po-r-- OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Steve Gallegos, Fire Chief DATE: March 26, 2013 SUBJECT: Fifth Amendment to the Agreement with Proactive Fire Design, Inc. PREPARED BY: Becky Obmann, Administrative Assistant RECOMMENDATION: Approve the Fifth Amendment to the Agreement with Proactive Fire Design, Inc. in the amount of $30,000 for a total agreement amount of $249,000 for Fire Department Plan Review Service. BACKGROUND: On July 1, 2010, the City Manager approved an agreement for $30,000 with Proactive Fire Design, Inc., a fire protection consulting company that performs plan review service for the Fire Department on an as needed basis. Plan check service is utilized when fire prevention staff experiences an increased level of applications that exceed their ability to process plan submittals within acceptable timeframes. On January 25, 2011, the City Council approved the first amendment to the agreement which increased the amount from $30,000 to $59,000. The increase allowed the Fire Department to continue to provide timely turn around times on plan review service through the end of Fiscal Year 2010-11 On July 1, 2011 the City Council approved the second amendment to renew the annual agreement in the amount of $60,000 for Fiscal Year 2011-12, based upon the original agreement allowing four additional one year extentions. On Febuary 28, 2012 The City Council approved the third amendment to the agreement which increased amount for Fiscal Year 2011-12 by an additional $40,000. On June 26, 2012 the City Council approved the fourth amendment to renew the annual agreement in the amount of $60,000 for Fiscal Year 2012-13, based upon the orignal agreeement allowing four additional one year extensions. The Fire Department is experiencing a steady upturn in plan submittals and inspections. With this increase there is less staff time to complete all plan reviews, inspections and daily activity. In order to continue to provide quality plan review service in a timely manner and still meet the day to day needs within the office, staff is recommending an increase in our consultant agreement with Proactive Fire Design, Inc. in the amount of $30,000 to cover the balance of Fiscal Year 2012-13. FISCAL IMPACT: Adequate funds available in FY 2012-13 budget. Funds will be offset with budgeted revenue. ATTACHMENTS: Amendment FIFTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PROACTIVE FIRE DESIGN, INC. FIRE DEPARTMENT PLAN REVIEW SERVICE THIS FIFTH AMENDMENT is made and entered into as of March 26, 2013 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Proactive Fire Design, 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, 2010, the City and Consultant entered into that certain Agreement entitled "Agreement for Fire Department Plan Review Service", in the amount of $30,000.00. b. On January 25, 2011, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Fire Department Plan Review Service," to increase the payment in the amount of $29,000.00 for a total contract amount of 59, 000.00. c. On July 1, 2011, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Agreement for Fire Department Plan Review Service," to extend the term of the agreement to June 30, 2012 and increase the payment in the amount of 60,000.00 for a total of $119,000.00. d. On February 28, 2012, the City and Consultant entered into the Third Amendment to that certain Agreement entitled "Agreement for Fire Department Plan Review Service," to increase the payment in the amount of $40,000.00 for a total contract amount of $159,000.00. e. On June 26, 2012, the City and Consultant entered into the Fourth Amendment to that certain Agreement entitled "Agreement for Fire Department Plan Review Service," to extend the term of the agreement to June 30, 2013 and increase the payment in the amount of 60,000.00 for a total of $219,000.00. f. The parties now desire increase the payment in the amount of $30,000.00 for a total contract amount of $249,000.00 and amend the Agreement as set forth in this Amendment. 2. Section 4. of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Fifth Amendment amount shall not exceed Thirty Thousand Dollars and No Cents ($30, 000.00) for additional Fire Department Plan Review Service for a total 1 Agreement amount of Two Hundred Forty Nine Thousand Dollars and No Cents ($249,000.00). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Proactive Fire Design, 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: Mike Naggar, Mayor Don Walton, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Jo Marie Walton, Secretary Proactive Fire Design, Inc. Don Walton 45686 Hopactong Street, Temecula CA 92592 951-695-3539 Proactive.fd@verizon.net 3 PM Initials: 1'1 Q Date: �/ v Item No. 6 Approvals City Attorney Director of Finance City Manager Pri/-e-r-- OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Deputy Director of Information Technology DATE: March 26, 2013 SUBJECT: Lifecycle Replacement of 75 Desktop Computers for the Temecula Public Library PREPARED BY: Michaela Ballreich, Deputy Director of Support Services RECOMMENDATION: Authorize the purchase of 75 Hewlett Packard (HP) Compaq 8300 Elite Ultra -slim desktop computers pursuant to the City's Lifecycle Replacement Plan for the Temecula Public Library from Southern Computer Warehouse in the amount of $54,138.75, including sales tax and shipping. BACKGROUND: As per the Quality of Life Master Plan, approved by City Council in October of 2011, the proposed lifecycle replacement would be consistent with the Citizen's 20 -year priorities timeline to promote state-of-the-art technology at the Temecula Public Library in order to effectively and cost efficiently support the demands of the community. The City's Lifecycle Replacement Plan for desktop computers is based on a five-year cycle for all personal computers: desktops, laptops, and workstations. The existing desktop computers at the Temecula Public Library were purchased in 2006 when the Library opened, making these computers over six years old. The computers at the Library utilize Windows, a computer operating system from Microsoft. Each operating system product has a lifecycle, which is determined by Microsoft. The lifecycle begins when a product is released and ends when it is no longer supported or sold. The Library's current operating system (Windows XP) will be reaching the end of its lifecycle by April 2014. By reaching its lifecycle, Microsoft will no longer support Windows XP and, therefore, automatic fixes, updates, and/or online technical assistance will end. Without Microsoft's support, the Library will no longer receive security updates and, thereby, exposing itself to potential security and compliance risks. The City has standardized utilizing HP equipment to effectively and cost efficiently manage the enterprise computing environment. Additionally, this replacement would be consistent with the City's emphasis on Green Energy Conservation initiatives. These desktop computers are HP Star Energy compliant, in that they are designed to have lower electrical consumption and a reduced impact on the environment. On February 21, 2013, the City solicited a Request for Quotes (RFQ) via the City's online bidding system, PlanetBids. A total of 97 vendors were notified of the RFQ. On March 6, 2013, a total of 22 vendors submitted a responsive quote, four of which were local vendors. The low bidder was Southern Computer Warehouse from Marrietta, Georgia, in the amount of $54,138.75. The solicitation did include the Local Vendor Preference Ordinance language as adopted in July of 2012. There were no local bidders within 5% of the low bidder. FISCAL IMPACT: Adequate funds have been appropriated in the Fiscal Year 2012-13 Information Technology Budget. ATTACHMENT: Price Quotation Vendor Company LocatioJ Bidder Local Unit Pric Total Price 1 Southern Computer Warehouse Marrietta, GA X $721.85 $54,138.75 2 Cyber Computers Irvine, CA X $739.80 $55,485.00 3 CCT Technologies San Jose, CA X $740.88 $55,566.00 4 Peacock Systems Chino, CA X $766.80 $57,510.00 5 CDW Government Vernon Hills, IL X $768.29 $57,621.75 6 California Integrated Solutions Diamond Bar, CA X $777.82 $58,336.50 7 SHI International San Diego, CA X $783.00 $58,725.00 8 New Tech Solution, Inc. Fremont, CA X $793.88 $59,541.00 9 Geelers Dublin, CA X $794.88 $59,616.00 10 Sehi Computer Products San Clemente, CA X $795.96 $59,697.00 11 Micro Trends Pasadena, CA X $799.20 $59,940.00 12 Aprisa Roslyn, NY X $801.36 $60,102.00 13 NWM Corporation Gold River, CA X $804.60 $60,345.00 14 Tech Depot Office (Office Depot Temecula, CA X X $806.38 $60,478.50 15 Crowne Hill Consulting Temecula, CA X X $807.27 $60,545.25 16 Impex Technologies El Segundo, CA X $810.00 $60,750.00 17 Unistar Sparco Millington, TN X $823.19 $61,739.25 18 CompGeeks.com Temecula, CA X X $842.40 $63,180.00 19 Glennies Office Products Temecula, CA X X $846.80 $63,510.00 20 Howard Technology Solutions Ellisville, MS X $861.51 $64,613.25 21 Business Services San Diego, CA X $893.18 $66,988.50 22 Helixstorm Murrieta, CA X $907.20 $68,040.00 On March 6, 2013, a total of 22 vendors submitted a responsive quote, four of which were local vendors. The low bidder was Southern Computer Warehouse from Marrietta, Georgia, in the amount of $54,138.75. The solicitation did include the Local Vendor Preference Ordinance language as adopted in July of 2012. There were no local bidders within 5% of the low bidder. FISCAL IMPACT: Adequate funds have been appropriated in the Fiscal Year 2012-13 Information Technology Budget. ATTACHMENT: Price Quotation City of Temecula Purchase of (75) HP Compaq 8300 Ultra Slims (C9H24UT) (RFD IT -13-02), bidding on March 6, 2013 4:00 PM Bid Results Bidder Details Vendor Name Southern Computer Warehouse (SCW) Address 1395 S. Marietta Parkway Building 300, Suite 106 Marietta, GA 30067 United States Respondee Anna Tschida Respondee Title Account Manager Phone 877-468-6729 Ext. 271 Email scwbids@scw.com Vendor Type Bid Detail Bid Format Electronic Submitted March 6, 2013 1:38:36 PM (Pacific) Delivery Method 14-30 days Bid Responsive Yes Bid Status Submitted Confirmation # 19793 Ranking 0 Respondee Comment HP will be building these systems custom. They are running fairly on time and 14 days is average. Buyer Comment Attachments File Title Pricing Sheet and SCW Quote File Name 70561-CityofTemecula-PricingSheet. pdf Line Items Discount Terms no discount Type Item Code UOM Qty Unit Price Line Total Section 1 1 Purchase of (75) HP Compaq 8300's (C9H24UT) Lump 1 $50,128.5000 $50,128.5000 2 Sales Tax **(Mandatory)** EA 1 $4,010.2800 $4,010.2800 3 Delivery Fees EA 1 0 0 4 Any other fees associated with this purchase EA 1 0 0 Subtotal $54,138.7800 Page 1 Printed 03/14/2013 File Type Response File Discount Comment $50,128.5000 Custom build to matc SmartBuy via HP $4,010.2800 8% 0 0 $54,138.7800 PlanetBids, Inc. Item No. 7 Approvals City Attorney Director of Finance City Manager M-r- OuL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Deputy Director of Information Technology DATE: March 26, 2013 SUBJECT: Agreement for the Purchase of a Replacement Permitting System from Tyler Technologies PREPARED BY: John De Gange, IT Administrator RECOMMENDATION: 1. Approve an Agreement for the purchase of TylerTechonologies' EnerGov Permitting & Land Management suite in the amount of $743,134; 2. Authorize the Interim City Manager to approve change orders up to 10% of the agreement in the amount of $74,313.40. BACKGROUND: In 1993, the City purchased and implemented its current permitting system, Permits Plus. In 1999, Permit Plus was purchased by Accela, Inc. Accela, Inc. has reported that the Permits Plus system is at the end of its lifecycle and that it will no longer offer support and/or system upgrades. In anticipation of Accela's discontinued support, the City proceeded with a Request for Proposal (RFP) to replace Permits Plus with a new enterprise level permitting system to further streamline/automate/enhance its current business processes. An Enterprise level permitting system benefits include: • Increased Transparency • 24/7 access for citizens and customers • eGovernment and web services with respect to the permitting process • Centralized databases and Enterprise System integrations • Streamlining workflows promoting staff efficiency • Improved customer service In April 2012, SoftResources (the City's unbiased software selection consultant) assisted the City in conducting interviews with representatives from all departments. This process produced a User Needs Assessment that includes a listing of the functional and technical requirements of a replacement enterprise level software, a review of current business processes, recommendations of best practices and process improvement, and a review of permitting system integrations with current software applications used by the City. The information from the User Needs Assessment was compiled and incorporated into a Request for Proposals (RFP). The RFP was posted on the City's online bidding system (PlanetBids) and mailed to 35 permitting software companies. On June 29, 2012, the City received 12 proposals from the following prospective vendors: 1. EnerGov Solutions (after 6/29/13, Tyler Technologies purchased EnerGov Solutions) 2. CRW Systems 3. Accela/True Point Solutions 4. Tyler Technologies 5. City View 6. New World Systems 7. FasTrack Gov — Mitchell Humphrey 8. Gov Partner 9. Permit Soft 10. Basic Gov 11. Edgesoft 12. Bitco The top three finalists were invited to present a scripted product demo that was attended by representatives from each City department. The demonstration script had been specifically tailored to meet the City's business requirements so that the vendor presentations were conducted in a comparable format. Based on the software demonstrations, reference checks, and additional due diligence review, Tyler Technologies' EnerGov Solutions was selected. Tyler Technologies' EnerGov Solutions offers many benefits: • Web -based interaction between City and its customers/citizens • Online permit, license, inspection, and citizen action request services • Online electronic plans review • Enhanced workflow capabilities • Integration with the City's GIS software • Microsoft Centric, including integration with Outlook • Integrated credit card processing • Integration with the City's financial processes (which include accounting/purchasing, payroll, business license, and cashiering) The City's vision is to improve customer service to its constituents by streamlining and automating business practices surrounding the permit application and approval processes. Purchase of a replacement permitting system from Tyler Technologies will support this vision and the underlying goal of providing a permit process that will be effective, cost-efficient, provide better connected data, assist with collaboration, and promote transparency. The results will be improved economic growth through an improved user experience while ensuring adherence to local regulations and policies for community development. Upon approval of this agreement, the implementation process of the new permitting system will start in April 2013 with a projected go -live date of April 2014. FISCAL IMPACT: Adequate funds are available in the Information Technology Internal Service Fund in the amount of $817,447.40. ATTACHMENT: Software License Agreement with Tyler Technologies AGREEMENT This agreement ("Agreement") is made this day of 2013 ("Effective Date") by and between Tyler Technologies, Inc., a Delaware corporation with offices at 5519 53rd Street, Lubbock, Texas 79414 ("Tyler') and the City of Temecula, with offices at 41000 Main Street, Temecula, CA 02590 ("Client"). WHEREAS Client issued a Request for Proposal on May 30, 2012 for the purpose of acquiring Permit Management Software ("Systems"); WHEREAS Tyler responded to Client's RFP for Permit Management Software with a Proposal dated June 27, 2012; WHEREAS Client, on awarded Tyler the contract for furnishing, delivering, installing, and implementing the specified System; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth herein, Tyler and Client agree that Tyler shall provide products and services, and Client shall pay prices, as set forth in this Agreement. SECTION A — DEFINITIONS "Agreement" means this Agreement between the City of Temecula, California and Tyler for software licensing, services and maintenance, including all exhibits and attachments hereto. "Effective Date" means the latter of the date this Agreement is signed by Client and the date signed by Tyler. "Final Acceptance means the date after the Tyler Software Products have "gone live", all Client identified defects have been corrected, the Tyler Software Products are in production use following Client's written Acceptance that the software is performing in accordance with its published Documentation. Within 60 days of the "go live" date, Client will create a list of defects which must be corrected before Final Acceptance is given. Acceptance will be timely and will not be withheld for defects that do not prevent productive use of the software in a reasonable fashion. "Go Live Date" means the first productive use of the Tyler Software Products by Client where Client is using the Tyler Software Products to manage its normal operations. The parties expect that Prototype development and testing, verification and installation certification, data conversion and testing, system training and conference room pilot operations and testing take place before the "Go -Live" date. SECTION B — SOFTWARE LICENSE AGREEMENT 1. License Grant. a) Upon the Effective Date, Tyler hereby grants to Client a non-exclusive, non -transferable, royalty -free, revocable license to use the Tyler Software and related products set forth in the investment summary attached hereto as Exhibit 1 ("Investment Summary") and related interfaces (collectively, the "Tyler Software Products") and documentation provided in or with the Tyler Software Products ("Documentation") for Client's internal business purposes only and otherwise subject to the terms and conditions of this Agreement. This license is revocable by Tyler only if Client fails to comply with the terms and conditions of this Agreement, including without limitation, Clients failure to timely pay the Software fees in full, except for those fees in reasonable dispute. Upon Client's payment in full for the Tyler Software Products, this license will become perpetual and irrevocable, subject to the restrictions on use and other terms set forth in this Agreement. b) Tyler shall retain ownership of, including all intellectual property rights in and to, the Tyler Software Products and Documentation. 11086-000111524155 v1.doc c) The Tyler Software Products are not licensed to perform functions or processing for subdivisions or entities that were not disclosed to Tyler prior to the Effective Date. d) The right to transfer the Tyler Software Products to a replacement hardware system is included in this Agreement. Client shall pay Tyler for the cost of new media or any required technical assistance to accommodate the transfer. Client shall make reasonable efforts to provide advance written notice to Tyler of any such transfer. e) Client acknowledges and agrees that the Tyler Software Products and Documentation are proprietary to Tyler and have been developed as trade secrets at Tyler's expense. Client shall use reasonable efforts to keep the Tyler Software Products and Documentation confidential and to prevent any misuse, unauthorized use or unauthorized disclosure of the Tyler Software Products or Documentation, except as otherwise required by law, including the California Public Records Act. f) The Tyler Software Products may not be modified by anyone other than Tyler. If Client modifies the Tyler Software Products without Tyler's prior written consent, Tyler's obligations to provide maintenance services on, and the warranty for, the Tyler Software Products will be void. Client shall not perform decompilation, disassembly, translation or other reverse engineering on the Tyler Software Products. g) Client may make copies of the Tyler Software products for its internal uses which include, but are not limited to, archive, training, configuration development, back-up and testing purposes. Client shall repeat any and all proprietary notices on any copy of the Tyler Software Products. Client may make copies of the Documentation for internal use only. h) Tyler maintains an escrow agreement with an escrow services company under which Tyler places the source code of each major release of the Tyler Software Products. At Client's request, Tyler will add Client as a beneficiary to such escrow agreement. Client will pay the annual beneficiary fee and is solely responsible for maintaining its status as a beneficiary. Tyler agrees, within one (1) year of the Effective Date, to deposit in escrow a copy of the latest major release of the program source code of the Tyler Software Products licensed by Client pursuant to this Agreement along with, as applicable and determined by Tyler in its sole discretion, related documentation and technical communications about the Tyler Software provided by Tyler, including but not limited to whitepapers, emails, and presentations , and, on an annual basis, a copy of the source code of each subsequent major release and any related documentation as indicated supra. The rights and obligations of the parties regarding the escrow of the program source code and its related documentation shall be as set forth in the Software Escrow Agreements entered into between Tyler, escrow vendor and Client. These Software Escrow Agreements shall be in a form substantially the same as Exhibit 5 attached hereto. The parties expressly agree and acknowledge that the licensed Software is "intellectual property" as defined by § 101(35A) of the United States Bankruptcy Code. Tyler agrees that Client has the right to be added as a beneficiary at any time during which Tyler maintains an escrow agreement for the source code. If Client becomes a beneficiary Tyler agrees to send Client a copy of the fully executed Software Escrow Agreement together with an executed Notification form. 2. Limited Software_Warranty. For the purposes of this Agreement, a "Defect" is defined as a failure of the Tyler Software Products to conform to the then -current specifications and the functional descriptions of the Tyler Software Products in Tyler's written proposal to Client. In the event of conflict between the afore -mentioned documents, the then -current specifications will control. A Tyler Software Product is "Defective" if it contains a Defect. For as long as a current Maintenance Agreement is in place, Tyler warrants that the Tyler Software Products will not contain Defects. If the Tyler Software Products do not perform as warranted, Tyler will use reasonable efforts, consistent with industry standards, to cure the Defect in accordance with Tyler's then -current support call process. Should Tyler be unable to timely cure the Defect or provide a suitable replacement product, Client will be entitled to a timely refund of the Software License Fee paid for the Defective Tyler Software Product, as depreciated on a straight-line basis over a seven (7) year period commencing with the Effective Date. Notwithstanding the foregoing, Tyler warrants that to the best of its knowledge there are no viruses, backdoor entries, time bombs, unauthorized programming, lockout devices or other disruptive technologies being shipped with deliverables, Products or Software as part of this Agreement. Client will notify Tyler in writing if it detects 11086-000111524155 v1.doc such disruptive technologies and will provide any information that it may have regarding the nature of such non- conformance. Tyler will correct such non-conformance in a timely manner and at no cost to Client. 3. Intellectual Property Infringement Indemnification. a) Tyler's Obligations. Tyler warrants that the Licensed Software does not and will not infringe the intellectual property rights of any other party and that Tyler has the full right, authority and power to enter into this Agreement and to grant to Client the Licenses and rights conveyed by this Agreement, and that the performance of Tyler's obligations hereunder do not breach or violate any agreement or other obligation to which Tyler is bound. Except as otherwise expressly advised by Tyler to Client in writing, on or prior to the Effective Date, there is no demand claim, suit, action, or other proceeding that jeopardizes Tyler's ability to enter into this Agreement or perform its obligations hereunder. If a third party brings an action against Client, with or without merit, making allegations of an infringement by the Tyler Software Products upon the intellectual property rights of any third party, then Tyler will, at its own expense and subject to the indemnification procedures set forth herein defend, indemnify, and hold the Client, and Client's officers, employees and agents, harmless in such proceeding, and Tyler will pay the amount of any resulting adverse final judgment issued by a court of competent jurisdiction or of any settlement made by Tyler in writing. Tyler is not authorized to bind Client in any settlement made in connection with a claim governed by this section except insofar as commitments Tyler makes regarding the use or termination of use of a Tyler Software Product(s) that is the subject of the claim. Additionally, in the event Tyler requires participation by the Client in such suit, Tyler will compensate Client for direct costs reasonably incurred in connection with such participation. b) Client's Obligations. Tyler obligations in this section are contingent on the Client performing all of the following in connection with any claim as described herein: i. Promptly notifies Tyler in writing of any such claim; ii. Gives Tyler reasonable cooperation, information, and assistance in connection with the claim; and iii. Consents to Tyler's sole control and authority with respect to the defense, settlement or compromise of the claim provided that Tyler shall keep Client informed regarding such defense as necessary and appropriate, and Client has the right to choose separate legal counsel for its defense, at its own expense. c) Exceptions to Tyler's Obligations. Tyler will have no liability hereunder if the claim of infringement or an adverse final judgment rendered by a court of competent jurisdiction results from: i. Client's use of a previous version of a Tyler Software Product and the claim would have been avoided had Client used the current version of the Tyler Software Product_provided that Client had been given a reasonable time with which to do such implementation and Tyler provided sufficient written notice to Client of the importance of implementing the current version to avoid possible infringement issues; ii. Clients combining the Tyler Software Product with devices or products not provided by Tyler, except if Tyler approved, recommended or directed such use; iii. Use of a Tyler Software Product in applications, business environments or processes for which the Tyler Software Product was not designed or contemplated, and where use of the Tyler Software Product outside such application, environment or business process would not have given rise to the claim; iv. Corrections, modifications, alterations or enhancements that Client made to the Tyler Software Product and such correction, modification, alteration or enhancement is determined by a court of competent jurisdiction to be a contributing cause of the infringement, except if Tyler approved, directed or recommended such correction, modification, alteration or enhancement; v. Use of the Tyler Software Product by any person or entity other than Client, its officers, employees, volunteers, agents or contractors so long as such use is otherwise in accord with the requirements of this Agreement; or vi. Client's willful infringement, including Client's continued use of the infringing Tyler Software Product after Client becomes aware that such infringing Tyler Software Product is or is likely to become the subject of a claim hereunder. d) Remedy. i. In the event a Tyler Software Product is, by a court of competent jurisdiction, finally determined to be infringing and/or its use by Client is enjoined, Tyler will, at its election: (a) Timely procure for Client the right to continue using the infringing Tyler Software Products; or 11086-000111524155 v1.doc (b) Timely modify or replace the infringing Tyler Software Products so that they become non -infringing- and provide comparable functionality and performance for Client. if such procurement of the right to use, or modification or replacement cannot be timely completed by Tyler, Client has the right to terminate all of this Agreement or such portion as includes the infringing Tyler Software Product(s) and, upon such termination, Tyler will timely refund the Software License Fee(s) paid by Client for the infringing Tyler Software Product(s) on a pro rata straight-line basis over a seven (7) year period commencing with the Effective Date. SECTION C — PROFESSIONAL SERVICES AGREEMENT 1. Expenses. Expenses shall be billed in accordance with the then -current Tyler Business Travel Policy, based on Tyler's usual and customary practices Travel time will not be charged to Client. The current Tyler Business Travel Policy is attached hereto as Exhibit 2. Copies of receipts shall be provided on an exception basis at no charge. Should all receipts for non per diem expenses be requested, an administrative fee of $25 per week of onsite services shall be incurred. Receipts for mileage and miscellaneous items less than twenty-five dollars ($25) are not available. 2. Cancellation of Services. In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) hourly fees associated with the canceled services if Tyler is unable to re -assign its personnel. The foregoing notwithstanding, Client shall not be liable under this section if the cancellation is solely caused by Tyler's failure to perform in accord with the requirements of this Agreement. In the event Tyler cancels services less than two (2) weeks in advance, and such cancellation is not solely due to Client's failure to perform pursuant to this Agreement, Tyler is liable to Client for all non-refundable expenses reasonably incurred by Client with respect to Tyler's cancelled services. Additionally, if the Client has obtained additional resources to meet job requirements of staff designated for the services to be performed by Tyler, Tyler shall be liable for such fees if, and only if, Client provided Tyler written notice of the need and cost for such additional resources prior to the scheduling of services, the cost for such additional resources, and obtained Tyler's consent to payment of fees in accord with this section before scheduling of such services. The foregoing notwithstanding, the Client is obligated to use best efforts to mitigate costs incurable by Tyler pursuant to this section. 3. Additional Services. a) The Investment Summary contains a good faith estimate of service fees and travel expenses. Training and/or consulting services utilized in excess of those set forth in the Investment Summary and additional related services not set forth in the Investment Summary will be billed at Tyler's then -current rates, plus travel expenses incurred in accordance with Section B(1). b) Programming and/or interface quotes are estimates based on Tyler's understanding of the specifications supplied by Client. In the event Client requires additional work performed above the specifications provided, Tyler will submit to Client an amendment containing an estimate of the charges for the additional work. Client will have thirty (30) calendar days from the date the estimate is provided to approve the amendment. c) Any additional services must be evidenced by a written modification of this Agreement or change request agreed to by the authorized representatives of both parties. 4. Professional Services Warranty. Tyler warrants that it shall install Software and diligently provide all services in a timely workmanlike manner by experienced and competent personnel in accordance with the care and skill ordinarily exercised by members of the profession practicing under similar conditions at the same time and in the same or similar situation in accordance with applicable professional standards. 11086-000111524155 v1.doc If any element of the services does not conform to this warranty on professional standards, then Client shall notify Tyler in writing of such nonconformance. Tyler shall timely re -perform such element in a manner that does conform. Client is not liable for services fees for services that Tyler is unable to perform in accord with the requirements of this Agreement. Payment of fees for shall be withheld for services not conforming to this Professional Services Warranty , and no interest or late fees shall apply to such reasonable held withholdings. . Client shall timely remit withheld fees as soon as services are performed in accord with the Professional Services Warranty. 5. Client Privacy. Tyler shall reasonably comply with Client's applicable written privacy and security policies that will be provided to Tyler as well as applicable State and Federal Privacy laws and regulations. Tyler shall ensure that all Tyler staff assigned to perform services according to this Agreement, including but not limited to subcontractors and joint venture partners, shall do so in accord with its terms. Compliance with Client's policies shall not otherwise relieve Tyler of its duties to protect Client's Confidential and/or proprietary information. 6. Additional Terms and Conditions Applicable to Tyler's Services. Throughout the term of this Agreement, Tyler shall comply with all terms and conditions set forth in Exhibit " " hereto entitled "City of Temecula Standard Terms and Conditions For On -Site Vendors". SECTION D — MAINTENANCE AGREEMENT 1. Maintenance Services. a) This Maintenance Agreement is effective on the earlier of (i) ninety (90) days after use of a Tyler Software Product in live production, or (ii) one hundred eighty (180) days from the date Tyler made the Tyler Software Products available to Client for downloading; and will remain in force for an initial one (1) year term, which will renew automatically for additional one (1) year terms unless terminated in writing by either party at least fifteen (15) days prior to the end of the then -current term. Tyler shall invoice for the next maintenance term at least sixty (60) days prior to the end of the then -current term, identifying the duration of the next annual maintenance term. Tyler agrees not to increase maintenance for years 1-5. Fees for subsequent years will be in accordance with Tyler's then current billing procedures for all clients. b) Maintenance Services Terms, Conditions, Limitations and Exclusions. i) For as long as a current Maintenance Agreement is in place, Tyler shall, in a professional, good and workmanlike manner, perform its obligations in accordance with Tyler's then current support call process in order to conform the Tyler Software Products to the applicable warranty under this Agreement. If Client modifies the Tyler Software Products without Tyler's prior written consent, Tyler's obligations to provide maintenance services on and warrant the Tyler Software Products shall be void. Tyler reserves the right to suspend maintenance services if Client fails to pay undisputed maintenance fees within sixty (60) calendar days of the due date. Tyler will reinstate maintenance services upon Client's payment of the overdue maintenance fees. ii) For as long as a current Maintenance Agreement is in place Tyler shall provide Client with all releases Tyler makes to the Tyler Software Products that Tyler makes generally available without additional charge to customers possessing a current Tyler annual Maintenance Agreement. Third Party Products; and installation, consulting and training services related to the new releases will be provided to Client at Tyler's then -current rates. Client acknowledges and agrees that a new release of the Tyler Software Products is for implementation in the Tyler Software Products as they exist without Client customization or modification. Tyler shall support prior releases of the Tyler Software Products in accordance with Tyler's then -current release life cycle policy. iii) Maintenance fees do not include installation or implementation of the Tyler Software Products, onsite support (unless Tyler cannot remotely correct a defect in a Tyler Software Product), application design, other consulting services, support of an operating system or hardware, and support outside Tyler's normal 11086-000111524155 v1.doc business hours which are currently7am to 7pm (CST). Tyler's annual holidays are currently New Year's Day; Good Friday; Memorial Day; Independence Day; Labor Day; Thanksgiving (including day after); Christmas Eve; and Christmas. c) Client Responsibilities. i) Client shall provide, at no charge to Tyler, full and free access to the Tyler Software Products; working space; adequate facilities within a reasonable distance from the equipment; and use of machines, attachments, features, or other equipment necessary to provide maintenance services set forth herein, Client shall approve all Tyler access in advance in writing. Client acknowledges that support and warranty liability belonging to Tyler may be waived in the event Client fails to timely allow reasonable access. ii) Tyler currently utilizes "Go To Assist" as a secure commercial PC to PC remote connectivity tool to provide remote maintenance services. Client shall maintain for the duration of the Agreement a high- speed Internet connection capable of connecting to Client's PC's and server. As a secondary connectivity tool to the Tyler Servers, Tyler will install a third party secure unattended remote connectivity program which is currently Bomgar. Client will need to provide Tyler a login account with local administrative privileges to the Tyler Servers. Tyler requires that Client also maintain an alternate remote connectivity method (including VPN, if necessary) for backup connectivity purposes. Tyler, at its option, will use the connections to assist with problem diagnosis and resolution. SECTION E — THIRD PARTY PRODUCT AGREEMENT 1. Agreement to License or Sell Third Party Products. a) For the price set forth in the Investment Summary, Tyler agrees to license or sell and deliver to Client, and Client agrees to accept from Tyler the hardware ("Hardware") and third party software ("Third Party Software") set forth in the Investment Summary (collectively, the "Third Party Products"). b) Third Party Product Warranties. Client acknowledges and agrees that Tyler is not the manufacturer of the Third Party Products. As such, Tyler does not warrant or guarantee the Third Party Products. Tyler hereby grants and passes through to Client any warranty adjustments that Tyler may receive from the developer, manufacturer or supplier of the Third Party Products ("Developer"). c) Third Party Software Maintenance. i) In the event Client elects not to purchase through Tyler maintenance services on the Third Party Software, it shall be the responsibility of Client to repair and maintain the Third Party Software and purchase enhancements as necessary after installation. ii) In the event Client elects to purchase through Tyler maintenance services on the Third Party Software, Tyler will facilitate resolution of a defect in Third Party Software with the Developer. iii) In the event the Developer charges a fee for future Third Party Software release(s), Client shall be required to pay such fee. SECTION F — GENERAL TERMS AND CONDITIONS 1. Taxes. The fees set forth in the Investment Summary do not include any taxes, including, without limitation, sales, use or excise tax. All applicable taxes shall be paid by Tyler to the proper authorities and shall be reimbursed by Client to Tyler. In the event Client possesses a valid direct -pay permit, Client will forward such permit to Tyler on the Effective Date, in accordance with Section E(21). In such event, Client will be responsible for remitting all applicable taxes to the proper authorities. If tax-exempt, Client will provide Tyler with Client's tax-exempt certificate. 2. Force Majeure; Assistance of Both Parties. "Force Majeure" is defined as an event beyond the reasonable control of a party, including governmental action, war, riot or civil commotion, fire, natural disaster, labor disputes, restraints affecting shipping or credit, delay of carriers, inadequate supply of suitable materials or any other cause which could not with reasonable diligence be foreseen, controlled or prevented by the party. Neither party shall be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure. 11086-000111524155 v1.doc Force Majeure will not be allowed unless: a) Within ten (10) business days of the occurrence of Force Majeure, the party whose performance is delayed makes a good faith attempt to provide the other party or parties with written notice explaining the cause and extent thereof, as well as a request for a time extension equal to the estimated duration of the Force Majeure events. b) Within ten (10) business days after the cessation of the Force Majeure event, the party whose performance was delayed makes a good faith attempt to provide the other party written notice of the time at which Force Majeure ceased and a complete explanation of all pertinent events pertaining to the entire Force Majeure situation. Either party will have the right to terminate this Agreement if Force Majeure suspends performance of scheduled tasks by one or more parties for a period of one hundred -twenty (120) or more days from the scheduled date of the task provided, however, that Tyler will not so terminate the Agreement within one (1) year of the Effective Date. This paragraph will not relieve Client of its responsibility to pay for services and goods not in reasonable dispute provided to Client and expenses incurred on behalf of Client prior to the start of the Force Majeure event.. In addition, both parties acknowledge that the implementation of the Tyler Software Products is a cooperative process requiring the time and resources of each party's personnel. Each party shall, and shall cause its personnel to, use all reasonable efforts to cooperate with and assist the other party as may be reasonably required to meet the project deadlines and other milestones agreed to by the parties for implementation. Neither party shall be liable for failure to meet such deadlines and milestones when such failure is due to Force Majeure (as defined above) or to the failure by the other party's personnel to provide such cooperation and assistance (either through action or omission). 3. Indemnification. To the maximum extent permitted by law, Tyler shall indemnify, defend and hold harmless Client and its agents, officials, volunteers and employees from and against any and all direct claims, losses, liabilities, damages, costs and expenses (including payment of reasonable attorney's fees and costs) for personal injury and/or property damage arising from Tyler's acts or omissions in the performance of this Agreement 4. Limitation of Liability. In no event shall Tyler be liable for special, indirect, incidental, consequential, or exemplary damages, including, without limitation, any damages resulting from loss of use, loss of data, interruption of business activities, or failure to realize savings arising out of or in connection with the use of the Tyler Software Products, Services, or Third Party Products. Tyler's liability for damages and expenses arising from the Tyler Software Products or Services, whether based on a theory of contract or tort, including negligence and strict liability, shall be limited to the Fees set forth in the Investment Summary related to the defective product or service. Tyler's liability for damages and expenses arising from the Third Party Products, whether based on a theory of contract or tort, including negligence and strict liability, shall be limited to the license fee/purchase price of the Third Party Products. Such fees reflect and are set in reliance upon this limitation of liability. Notwithstanding the foregoing, nothing in this Section F(4) shall limit Tyler's liability to fully indemnify and defend the Client, its agents, officials, volunteers and/or employees pursuant to Section F.3 (Indemnification) of this Agreement. 5. Disclaimer. THE RIGHTS, REMEDIES, AND WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER RIGHTS, REMEDIES, AND WARRANTIES EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SYSTEM INTEGRATION WHICH ARE HEREBY DISCLAIMED BY TYLER. 6. Dispute Resolution. The parties agree to notify each other within fifteen (15) business days of becoming aware of a dispute under this Agreement ("Dispute Notice Date"). The parties further agree that, before resorting to any formal dispute resolution process, they will first engage in good faith negotiations in an effort to find a solution that serves their respective and mutual interests. Party 11086-000111524155 v1.doc principals agree to participate directly in these negotiations. Unless otherwise agreed in writing, the parties shall have fifteen (15) business days from the Dispute Notice Date to begin these negotiations, and thirty (30) days from the Dispute Notice Date to complete these negotiations. All such negotiations will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Civil Procedure 408 and/or any similar applicable state rule. In the event the parties fail to resolve the dispute as set forth above, the dispute will be referred to non-binding arbitration, under the Expedited Commercial Rules of the American Arbitration Association, by one mutually agreed arbitrator, who shall be an attorney at law with applications software experience. During the pendency of any such issue or arbitration under the above sections, Tyler shall continue to perform all of its obligations under this Agreement unless such performance is unreasonable given the nature of the dispute. The use of the foregoing procedure is a condition precedent to the commencement of any legal proceeding hereunder. Nothing in this Section will prevent a party from applying to a federal or state court of competent jurisdiction to obtain injunctive relief pending resolution of the dispute through the dispute resolution procedures set forth herein. 7. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of Tyler and Client. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. 8. Governing Law and venue. This Agreement shall be governed by the laws of the State of California. The venue for any dispute arising out of this Agreement, or the subject matter hereof, or related directly or indirectly to the foregoing, shall be in Riverside County, California. 9. Severability. If any term or provision of this Agreement or the application thereof, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable will not be affected thereby, and each term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law. 10. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by Tyler or Client, such non -enforcement shall not act as or be deemed to act as a waiver or modification of this Agreement, nor shall such non -enforcement prevent Tyler or Client from enforcing each and every term of this Agreement thereafter. 11. Amendment. This Agreement may only be modified by written amendment signed by authorized representatives of both parties. 12. Termination. a) Termination for Cause. Client may terminate this Agreement for cause in the event Tyler does not cure a material breach of this Agreement within thirty (30) days of receiving notice of such breach from Client. Upon such termination, Client shall pay Tyler for all services and expenses not in dispute and non -Defective Tyler Software Products which were delivered or incurred prior to the date Tyler received Client's notice of termination. Payment for defective products and services and expenses in dispute will be determined in accordance with the dispute resolution process. b) Termination for Non -appropriation. If Client should not appropriate or otherwise make available funds sufficient to purchase, lease, operate or maintain the products set forth in this Agreement, or other means of performing the same functions of such products, Client may unilaterally terminate this Agreement only upon thirty (30) days written notice to Tyler. Upon termination, Client shall remit payment for all undisputed fees for products and services delivered to Client and all expenses incurred by Tyler prior to Tyler's receipt of the termination notice. Client will not be entitled to a refund or offset of previously paid license and other fees. 11086-000111524155 v1.doc Payment of fees for defective products and services and expenses in dispute will be determined in accordance with the dispute resolution process. 13. No Assignment or Subcontracting. Neither party may transfer or assign this Agreement, or subcontract any required performance hereunder, without prior written consent of the other party which shall be timely and not unreasonably withheld. Notwithstanding the foregoing, either party may assign this Agreement and all rights hereunder without prior consent when in connection with any merger, name change, full or partial jurisdictional change, annexation, as required by law or government or judicial direction, or sale of all or substantially all of the assets of that party provided that the other party is promptly notified in writing of such action. 14. Successors and Assigns. This Agreement shall inure to the benefit of and be binding on the parties hereto and their permitted successors and assigns. 15. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities. Each party agrees that it shall not disclose any confidential information of the other party and further agrees to take appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement for a period of two (2) years. This obligation of confidentiality will not apply to information that: a) At the time of the disclosure is in the public domain; b) After disclosure, becomes part of the public domain by publication or otherwise, except by breach of this Agreement by a party; c) A party can establish by reasonable proof was in that party's possession at the time of disclosure; d) A party receives from a third party who has a right to disclose it to that party; or e) Is required to be disclosed to any court, government authority or regulatory authority or pursuant to requirement of law, or to any person by operation of the California Public Records Act,. If a Receiving Party becomes compelled by law, judicial or administrative process or by governmental authority to disclose any Confidential Information, the Receiving Party will provide the Disclosing with prompt written notice thereof so that the Disclosing Party may seek a protective order or other remedy. f). Information which the receiving party establishes was developed independently of confidential information furnished to it. 16. Shipping. Delivery shall be F.O.B. destination. 17. Payment Terms. a) Tyler shall invoice Client 25% of the license fees ($89,620.25)for the Tyler Software Products upon the Effective Date. b) Tyler shall invoice Client 60% of the license fees ($215,088.60) when Tyler has made the Tyler Software Products available to Client for downloading. c) Tyle shall invoice Client 15% of the license fees ($53,772.15) 30 -days after the Go Live Date. d) Tyler shall invoice Client fees for hardware upon delivery of hardware. e) Tyler shall invoice Client fees for services, plus expenses, as provided in Exhibit 1 under Milestone Payment Schedule. f) Tyler shall invoice a 50% deposit for modifications upon delivery of specifications and 50% upon delivery of modification. Tyler will perform a modification upon receipt of written notice to proceed from Client. Client will have thirty (30) days from delivery of a modification to test such modification. In the event Client does not report an issue with such modification to Tyler within such thirty (30) day period, the modification will be deemed in compliance with the specifications. g) Prices do not include travel expenses incurred in accordance with Tyler's then -current Business Travel Policy. h) Payment is due within thirty (30) days of invoice receipt. 11086-000111524155 v1.doc i) Maintenance fees of $75,476.20 are waived through the earlier of (i) ninety (90) days after use of a Tyler Software Product in live production, or (ii) one hundred eighty (180) daysfrom the date Tyler made the Tyler Software Products -available to Client for downloading. Subsequent annual Maintenance fees will be due on the anniversary of such date. Year 1 subscription fees of $10,620 (based on a rate of $59/month/named user) for the 15 iG Inspect/Enforce Apps are payable upon date Tyler made the system acceptance stage (stage 8 of the Tyler statement of work) available to Client, prorated for the term beginning on such date and ending coterminous with the end of the then -current maintenance term. Subsequent annual subscription fees will be due at the same time as the annual maintenance fees thereafter. 18. Electronic Payment. Tyler prefers to receive payments electronically. Tyler's electronic payment information is as follows: Bank: Wells Fargo Bank, N.A. 420 Montgomery San Francisco, CA 94104 ABA: 121000248 Account: 4124302472 Beneficiary: Tyler Technologies Inc. — Operating 19. Entire Agreement. This Agreement represents the entire agreement of Client and Tyler with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Client hereby acknowledges that in entering into this Agreement it did not rely on any information not explicitly set forth in this Agreement. All exhibits and attachments hereto are incorporated by reference herein. In the event of any conflict of the provisions of this Agreement, the order of precedence of shall be: - The Agreement, as laid out in the exhibits attached hereto. - The Statement of Work. 20. Multiple Originals and Signatures. This Agreement may be executed in multiple originals, any of which shall be independently treated as an original document. Any electronic, faxed, scanned, photocopied or similarly reproduced signature on this Agreement or any amendment hereto shall be deemed an original signature and shall be fully enforceable as if an original signature. 21. Notices. a) All notices or communications required or permitted as a part of this Agreement will be in writing (unless another verifiable medium is expressly authorized) and will be deemed delivered when: i) Actually received if by personal delivery, ii) Upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the party, or iii) Three business days after deposit in the United States Mail if sent First Class. b) Consequences to be borne due to failure to receive a notice due to improper notification by the intended receiving party of a new address will be borne by the intended receiving party. The addresses of the parties to this Agreement are as follows: 11086-000111524155 v1.doc Tyler Technologies, Inc. 1 Cole Haan Drive Yarmouth, ME 04096 Attention: Contracts Manager Copy of notices affecting termination shall be sent to: City of Temecula 41000 Main Street Temecula, CA 02590 Michael K. Heslin, Director of Information Technology City of Temecula 41000 Main Street P.O. Box 9033 Temecula, California 92589-9033 Attention: Michael K. Heslin, Director of Information Technology 22. Independent Contractor. This is not an agreement of partnership or employment of Tyler or any of Tyler's employees by Client. Tyler is an independent contractor for all purposes under this Agreement. 23. Tyler Products and Services. Client may purchase additional Tyler products and services at then -current list price, pursuant to the terms of this Agreement, by executing a mutually agreed addendum. IN WITNESS WHEREOF, persons having been duly authorized and empowered enter into this Agreement. Tyler Technologies, Inc. By Name: Title: Date: 11086-0001\1524155v1.doc City of Temecula, CA: By: Name: Title: Date: Exhibit 1 Investment Summary This is a Fixed Cost Contract based on Scope as detailed in the Statement of Work. Any expansion of Scope requires a Change Order and will result in additional costs. Software Licensing Costs Item Model # Quantity Unit Cost Total Cost Sales Person Tyler Cashiering - Software OF -CASH -SW -D 1 $21,000.00 $21,000.00 C. Hendrickson EnerGov Permit & Land Management Suite (PLM) (named users) na 100 $2,399.95 $239,995.00 C. Newberry EnerGov Regulatory & Licensing Suite (LRM) (named users) na 10 $2,999.00 $29,990.00 C. Newberry EnerGov Citizen Access Web Portal for Land Management na 1 Server License 2 $25,999.00 C. Newberry EnerGov Citizen Access Web Portal - Regulatory & Licensing na 1 Server License 2 $14,999.00 C. Newberry EnerGov eReviews na 1 Server License Included at no cost C. Newberry EnerGov GIS na 1 Server License $12,499.00 C. Newberry iG Workforce Server na 1 Server License $13,999.00 C. Newberry iG Workforce Applications (1) na 15 $59/month (1) C. Newberry Total Software Costs $358,481.00 (1) iG Applications are invoiced annually with Maintenance Fees Hardware EnerGov Certification Course Fees (Payment Due When Classes Scheduled) Certification Training (2)(3) ■ Model # Quantity Unit Cost 1 Total Cost 1 Sales Person f 1 Hand Held Scanner - Model 4600G VAR-CASH-HDW-3601-ED 2 $385.00 $770.00 C. Hendrickson Power Supply VAR-CASH-HDW-3605-ED 2 $40.00 $80.00 C. Hendrickson Printer -(EPSON TM -H6000 -iii) VAR-CASH-HDW-3606-ED 2 $1,400.00 $2,800.00 C. Hendrickson Cash Drawer VAR-CASH-HDW-3607-ED 2 $230.00 $460.00 C. Hendrickson ID Tech MiniMag USB Reader VAR-CASH-HDW-3610-ED 2 $62.00 $124.00 C. Hendrickson Total Hardware Cost 1 _- 1 $4,234.00 EnerGov Certification Course Fees (Payment Due When Classes Scheduled) Certification Training (2)(3) na na $3,998.00 C. Newberry (2) Certification training is conducted in Temecula, CA. Customer is responsible for all travel, lodging, meals and other costs associated with attendees and instructors, unless other arrangements are documented. (3) Costs are $1,999/course. Tyler has extended 4 courses far the cast of 2. (continued on next page) 11086-000111524155 v1.doc Maintenance/Subscription Fees Item 1 Model Annual Fee Amount Comment/Notes Sales Person Tyler Cashiering - Support OF -CASH -SP -D $3,780.00 8 C. Hendrickson Maintenance Fees (EnerGov Software) na $71,696.20 OF -CASH -TR -D C. Newberry Total Maintenance Fees $4,000.00 $75,476.20 Implementation Resources na 15 iG Inspect/Enforce Apps (iPad a application) pp ) na $10,620.00 $59/month per named user C. Newberry Total Maintenance/Subscription Fees 296 $86,096.20 $37,000.00 C. Newberry Professional Services (4) Item M 1 Model Resource Hours Cost/Hour (8) Cost per Item Sales Person Tyler Cashiering - Consulting (5) OF -CASH -CS -D 8 $125.00 $1,000.00 C. Hendrickson Tyler Cashiering -Training OF -CASH -TR -D 32 $125.00 $4,000.00 C. Hendrickson Implementation Resources na 1536 $125.00 $192,000.00 C. Newberry End User Training (includes Go -Live Support) na 296 $125.00 $37,000.00 C. Newberry Data Conversion (Permits Plus) na 96 $219.00 $21,024.00 C. Newberry Data Conversion (HDL) na 96 $219.00 $21,024.00 C. Newberry California BOE Utility (estimate) na 60 $219.00 $13,140.00 C. Newberry PayPal Integration (estimate) na 76 $219.00 $16,644.00 C. Newberry Laserfiche Integration (estimate) (6) na 24 $219.00 $5,256.00 C. Newberry Software Customization (7) na n/a n/a n/a C. Newberry Total Professional Services 2224 $311,088.00 (4) Expanded Scope requires an approved Change Order. (5) Tyler will develop the interface between the EnerGov Software and the Cashiering System at no cost to Customer. (6) Laserfiche will first be tested for out-of-the-box integration, then additional hours assigned as needed for customization to Temecula. (7) Any customization of the EnerGov software requires prior approval and additional costs. (8) Tyler agrees these rates will be fixed for 1 year following Go -Live. (continued on next page) 11086-000111524155 v1.doc Milestone Payment Schedule for Services (9) Milestone (completion of...)_ Notes/Comments Total Resource Days Fixed Days (10) Milestone Payments Stage 1 - Initiation & Planning 27 4.5 $4,500 Stage 2 -Assess and Define 40.5 $40,500 Stage 3 - System Configuration 57.00 $57,000 Stage 4 - Internal Test Milestone includes fixed number of training days. 25.0 5 $25,000 Stage 5 - Build Specifications Milestone includes fixed number of days for Reports development 25.5 5 $40,916 Stage 6 - Build Milestone includes fixed number of days for Reports development 33.5 10 $51,172 Stage 7 - System Acceptance Planning 18.0 $18,000 Stage 8 - Verification and system Acceptance 38.0 $38,000 Stage 9 - User Training Milestone includes fixed number of on-site days 17.0 17 $17,000 Stage 10 - Production & Production Support Milestone includes fixed number of on-site days 19.0 18 $19,000 F Total Milestone Payments 11 $311,088 (9) Travel costs and related travel expenses are NOT included in milestone totals (10) Additional days require a Change Order and additional costs. Estimated Travel Costs (not included in Total Costs) Estimated Travel Costs per week Weeks onsite Estimate Total Travel Costs $1,700 27 $45,900.00 11086-000111524155 v1.doc Exhibit 2 Tyler Business Travel Policy 1. Air Travel A. Reservations and Tickets The travel coordinator has been directed to provide travelers the lowest available airfare within two hours before or after the requested departure time (a.k.a. two-hour window). Employees are encouraged to make reservations far enough in advance to take full advantage of discount opportunities. B. Baggage Fees Fees for checking up to two pieces of baggage will be fully reimbursed, provided they are directly related to Tyler business. Baggage fees for sports equipment are not reimbursable. 2. Ground Transportation A. Private Automobile Business use of an employee's private automobile will be reimbursed at the current IRS rate plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. Employees who have been designated a home office should calculate miles from their home. B. Rental Car Employees are authorized to rent cars when cost, convenience and the specific situation require their use. The Company has selected specific providers as its primary rental car firms. Reservations must be made through the travel coordinator or online booking tool to ensure that we take full advantage of the contract. When renting a car for Company business, employees should decline the "collision damage waiver" and "personal accident insurance" on the rental agreement as the Company carries leased vehicle coverage for any employee leasing a vehicle for business purposes. Travelers should also decline the "fuel purchase option" and return the car with a full tank of gas. The Company will not reimburse for non-essential products and services such as GPS devices and Satellite Radio. C. Public Transportation Taxi or airport limousine services should be considered when traveling in and around cities or to and from airports. The Company will reimburse the actual fare plus a reasonable tip (15-18%). In the case of a free hotel shuttle to the airport, a $1 tip per bag is reimbursable. 3. Lodging The Company has selected specific providers as its preferred hotel vendors. Reservations must be made through the travel coordinator or online booking tool to ensure that we take full advantage of the contracts. Hotel chains that are well established, reasonable in price and conveniently located in relation to the traveler's work assignment should be selected. Typical hotel cost per night should not exceed $100 per night before taxes. If the customer has a discount rate with a local hotel, please notify the travel coordinator as soon as possible to ensure that all employees can take advantage of the rate. 11086-000111524155 v1.doc 4. Meals I\ lea's while on travel status are reimbursable per the rate published by the IRS at www.gsa.gov/perdiem The split for the per diem meals is: 15% Breakfast 25% Lunch 60% Dinner A. Overnight Travel Employees on overnight travel status are eligible to claim all three meals on their expense report except as follows: Departure Day Depart before 12:00 noon Depart after 12:00 noon Return Day lunch and dinner dinner Return before 12:00 noon breakfast Return between 12:00 noon & 8:00 p.m. breakfast and lunch Return after 7:00* p.m. breakfast, lunch and dinner *7:00 is defined as direct travel time and does not include time taken to stop for dinner B. Same Day Travel Employees traveling at least 2 hours to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 8:00* p.m. *8:00 is defined as direct travel time and does not include time taken to stop for dinner- 5. inner 5. Internet Access — Hotels and Airports Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If your hotel charges for internet access it is reimbursable up to $15.00 per day. Charges for internet access at airports are not reimbursable. Effective April 1, 2012 11086-000111524155 v1.doc Exhibit 3 City of Temecula Standard Terms and Conditions For On -Site Vendors The term "City" of City of Temecula, as used in this Exhibit, shall mean and include "Client" as that term is used in the Agreement. 1. Liability Insurance. Tyler shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or be connected with the performance of the work hereunder by Tyler, 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 coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation & Employer's Liability insurance as required by the State of California. (4) Professional liability insurance appropriate to the consultant's profession. (unless waived by City's risk manager) b. Minimum Limits of Insurance. Tyler shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 comined single limit per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Professional liability: $5,000,000 aggregate. c. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect Tyler's liability to the City, its officers, officials, employees or volunteers c. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Tyler; products and completed operations of Tyler; premises owned, occupied 11086-000111524155 v1.doc or used by Tyler. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) Tyler'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. d. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. e. Verification of Coverage. Tyler shall furnish the City with 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 normally acceptable in the industry. All endorsements are to be received and approved by the City before work commences. 2. Legal Responsibilities. The Tyler shall keep itself informed of State and Federal laws and regulations which in any manner apply to those employed by it or materially affect the performance of its service pursuant to this Agreement. Tyler shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Tyler to comply with this section. 3. Prohibited Interest. No officer, official or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, Tyler, or Tyler's sub -contractors for this project, during his/her tenure or for one year thereafter. Tyler hereby warrants and represents to the 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 Tyler or Tyler's sub -contractors on this project. Tyler further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 4. Independent Contractor. Tyler is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Tyler shall at all times be under Tyler's exclusive direction and control. Neither the City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Tyler or any of Tyler's officers, employees, agents or volunteers except as set forth in this Agreement. Tyler 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 of Temecula. Tyler shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind the City in any manner. 11086-000111524155 v1.doc Exhibit 4 0 ••::•• energov 0 a tyler planning, permitting & licensing solution Statement of Work For EnerGov Software and Implementation Prepared for. City of Temecula, CA Prepared by: Tyler Technologies, Inc 2160 Satellite Blvd, Suite 300 Duluth, GA 30097 888.355.1093 www.energov.com www.tylertechnologies.com March 6, 2013 Tyler Technologies Statement of Work DOCU M ENT CONTROL Date Author Version Change Reference 18 Jan 2013 Tyler Technologies 1.0 Initial 1/23/2013 SoftResources 1.1 City/SoftResources Review 1/24/2013 -City of Temecula 1.2 More comments 1/29/13 Tyler -Cook 1.3 Response to comments, edits 2-8-13 Tyler — Cook 1.4 Fixed Price adjustments 2-14-13 Tyler 1.5 Revisions from conference calls 2-15-13 Tyler — Cook 1.6 Added Cashiering tasks and deliverables 2-28-13 Tyler — Cook 1.7 Corrections 3-6-13 Tyler — Cook 1.8 Final (ver. 12/1/12) Page 2 Tyler Technologies Statement of Work Table of Contents PROJECT SCOPE 5 STAGE OBJECTIVES, DELIVERABLES 6 Stage 0 - Certifications 6 Stage 1 - Initiation and Planning 7 Stage 2 - Assess & Define 8 Stage 3 - System Configuration 8 Stage 4 - Internal Test 9 Stage 5 - Build Specifications 9 Stage 6 - Build 10 Stage 7 - System Acceptance Planning 10 Stage 8 — Verification and System Acceptance 11 Stage 9 - User Training 11 Stage 10 — Production & Production Support 12 DATA CONVERSION 13 ❑ Data Format 13 ❑ Data scrubbing/cleansing 13 ❑ Mapping to custom fields 13 ❑ Parsing data 13 ❑ Business -Specific Rules 14 ❑ Calendars & Scheduling 14 KEY PROJECT ASSUMPTIONS 14 OUT OF SCOPE 15 RISK / MITIGATION STRATEGY 15 Tyler EnerGov Unavailability/Incompatibility of Staff 15 Customer Staff unavailability 15 Scope Changes (aka - Scope "Creep") 15 Activity Focus 16 Incomplete Legacy, Interface Documentation 16 Achievable Goals 16 Technology Age 16 CRITICAL SUCCESS FACTORS 16 FUTURE AMENDMENTS TO SCOPE 17 PROJECT MANAGEMENT 17 STAFFING 18 PROJECT SCHEDULE 18 DEVELOPMENTTOOLS 18 DOCUMENTATION 19 TYLER -PROVIDED DOCUMENTATION 19 CUSTOMER -PROVIDED DOCUMENTATION 19 ISSUE RESOLUTION 19 SOW ATTACHMENTS 21 SOW Attachment A—(Sample) Work Acceptance Form 21 SOW Attachment B— (Sample) Change Order Form 21 SOW Attachment C- Hardware / Software Requirements 21 (ver. 12/1/12) Page 3 Tyler Technologies Statement of Work SOW Attachment D — Customer Roles -Skills 21 SOW Attachment E — Custom Programming Requests 21 SOW Attachment F — Custom Report Programming Requests 21 (ver. 12/1/12) Page 4 Tyler Technologies Statement of Work PROJECT SCOPE Based on the software purchased and the previous discussions with the Tyler sales representative the following defines Tyler's understanding of the Scope of this Project. Software Purchased: Customer has purchased/subscribed to the following software (please see Exhibit 1 for details): • EnerGov Permitting/Land Management Suite for 100 named users o Permitting, Plan, Project, Code Enforcement, Inspections and Requests • EnerGov Regulatory & Licensing for 10 named users o Business, Trade, Rental, Tax Licensing & Enforcement Processes • Citizen Access Web Portal — Permit & Land Management • Citizen Access Web Portal — Regulatory & Licensing • EnerGov Electronic Review (eReviews) • EnerGov GIS Server • iG Workforce Server • iG Workforce Application (iG Inspect and iG Enforce) • Tyler Cashiering (with 2 sets of hardware) • Interfaces: o GIS (included with the purchase of EnerGov GIS Server) o Tyler Cashiering (which interfaces to General Ledger) - (This integration will pass invoice information to Tyler Cashiering. Tyler Cashiering will be utilized to process payment activity and update the appropriate records within EnerGov. Additionally, Tyler Cashiering will then pass reconciled transaction data to the Eden GL.) o California BOE Utility - (EnerGov's Data Services or Project Consultant will assist Temecula IT staff to create a utility that will compare Temecula Business Licensees with State BOE list of licensees and produce an exception report to determine discrepancies.) o Laserfiche — (EnerGov Data Services or Project Consultant will provide a utility that will transfer EnerGav attached files to referenced Laserfiche file directory. • Integration Addition: PayPal- (EnerGov will provide Citizen Access Web Portal Integration for credit card processing utilizing PayPal as the authorized merchant.) • Data Conversion and Import: o Permits Plus o HDL Hardware Purchased: • Tyler Cashiering System: The list of hardware purchased is included in the contract Investment Summary Exhibit 1. User Departments/Division: The following departments will be implemented • Community Development o Planning o Building and Safety o Code Enforcement o Fire Department • Land Development • Finance o Business License o Cashiering (ver. 12/1/12) Page 5 Tyler Technologies Statement of Work Business Processes: Setup and configuration will be confined to those business processes and business streams that are appropriate for the software purchased within the departments/divisions as indicated above. Business processes that cannot be managed from within the software purchased are not considered part of this project. Project Objective: As outlined in the RFP and understood during EnerGov's preliminary assessment, the Project Objective is: • Implement a system which integrates (or at the very least is compatible with) the City's existing and future enterprise systems. • Assess, evaluate and document the City's business processes and requirements during the exploration, selection and implementation process of the new permitting system in order to identify areas of improvement. • Enhance the administration functions associated with the permitting process. • Increase internal and external communication during the permitting process through the use of a web -based system. • Successfully transfer and utilize all historical permit data from the existing system. Tyler Resources to be utilized: • Project Manager • Senior Project Consultant(s) • Trainer(s) • Interface Development Specialist(s) • Reports Development Specialist(s) Customer Resources to be utilized: See Attachment D. Project Plan Assumptions: This SOW assumes fixed costs for a full implementation based on the information provided in the RFP and to which Tyler responded in the affirmative and as otherwise documented between the parties and referenced and included with this SOW, SOW Appendix A and SOW Appendix B. All items not considered fixed costs are clearly identified within this SOW. No custom programming code development is included except for that required to interface and/or import legacy data. A fixed number of days for training and go -live support are assumed. Stage objectives and deliverables for all modules identified above are included in this SOW. STAGE OBJECTIVES, DELIVERABLES Tyler provides a well-defined multi -stage roadmap which can be applied equally to a single phase project or to projects with multiple phases. For multi -phase project, the stages are repeated as necessary. Stage 0 - Certifications o Tyler to deliver EnerGov Certification Classes, on customer site for four (4) individuals selected by Customer. (ver. 12/1/12) Page 6 Tyler Technologies Statement of Work Stage 1- initiation and Planning Tyler has allocated 4 person -days to complete this stage plus'/ day for Cashiering Discussion. (Note: The days listed are for estimating purposes only. This is a fixed cost contract; Actual days may be more or less.) Stage Objectives: o Introduction to project (or phase) O Distribute forms and gather high-level data O Establish communication channels O Assess IT infrastructure and needs O Staff mobilization & allocation plan o Discuss & Schedule Certification Training o Discuss Tyler Cashiering needs (conducted remotely) Deliverables: o Assign Project Team Members -Tyler O Assign Project Team Members - Customer O Provide/Assign facilities for Tyler on-site activities - Customer O Conduct Planning/Initiation Phone Call —Tyler with Customer coordination O Identify non -working days (i.e. vacations, holidays, etc.) — Tyler O Identify non -working days (i.e. vacations, holidays, etc.) - Customer O Procure and configure necessary hardware, non-EnerGov systems software, and networking infrastructure as specified by Tyler Hardware / infrastructure requirements — Customer with Tyler input O Provide Tyler remote access (when needed) to required server for software installation — Customer O Deliver Process Collection Templates - Tyler O Complete and Return all Process Collection Templates — Customer (must be completed before stage signoff) O Confirm all case types as defined in SOW Appendix C — Case types not identified in SOW Appendix C will result in additional costs - Customer (must be completed before stage signoff) o Create SharePoint Site —Tyler o Deliver Project Status Report Template — Tyler o Deliver Sample Signoff Form — Tyler o Deliver Geo -Database to Tyler — Customer (must be completed before stage signoff) o Deliver a PUBLIC map service with minimum published parcel and address point layer — Customer (must be completed before stage signoff) o Deliver scrubbed legacy data dictionary to Tyler — Customer o Deliver Integration Test Environment (as an exact replica of production system) — Customer (must complete by stage signoff) o Deliver Project Planning & Initiation Sign Off —Tyler o Return Project Planning & Initiation Sign Off— Customer 0 O Amend project scope/SOW as needed —Tyler with Customer input O Provide preliminary project plan — Tyler with Customer input O Delivery of COTS Software to Customer - Tyler O Conduct Tyler Cashiering Needs — Tyler O Schedule Certification Classes—Tyler with Customer input Milestone: Signoff of Stage (ver. 12/1/12) Page 7 Tyler Technologies Statement of Work Stage 2 - Assess & Define Tyler has allocated 40 person -days to complete this stage plus'/ day for the Cashiering implementation.) (Note: The days listed are for estimating purposes only. This is a fixed cost contract; Actual days may be more or less.) Objectives: o Tyler to gain an understanding about how customer conducts business o Translate business understanding into documented EnerGov configuration definition o Conduct Cashiering Setup Training—Tyler o Conduct Cashiering Static Environment Test for non-EnerGov applications — both Parties Deliverables: o Schedule on-site visit —Tyler with Customer input o Identify and document project risks and resolutions —Tyler with Customer input o Deliver legacy data samples — Customer (must be completed within 3 days of stage start date) o Provide updated legacy data estimates -Tyler o Identify and Scope any custom coding/programming (of the EnerGov application). If not included in proposal, prepare Custom Programming Request Tyler o Scope and document business processes to be implemented (Workflows) — Tyler o Approve workflows to be implemented — Customer (must be complete before stage signoff) o Develop Project Definition Documents (workflows, spreadsheets, etc.) —Tyler with Customer input o Deliver final Project Definition Documents—Tyler o Review and assess GIS data —Tyler o Explain GIS history writer to Customer—Tyler o Offer best GIS practices to Customer — Tyler o Update and deliver final project plan — Tyler with Customer input o Install Tyler Cashiering client on all necessary workstations — Customer o Verify PayPal will be payment vendor for credit card transactions — Customer Milestone: Signoff of Stage Stage 3 - System Configuration Tyler has allocated 57 person -days to complete this stage. (Note: The days listed are for estimating purposes only. This is a fixed cost contract; Actual days may be more or less.) Objectives: o Configure the basic software in accordance with definitions from previous stage Deliverables: o Configure all case types for permits, plans, inspections, licenses, etc., as required for software purchased —Tyler o Perform "mini -reviews" with customer as portions of the configuration are complete Tyler o Deliver completed EnerGov database to Report Writers and Data Services —Tyler o Confirm Cashiering interface installed -Tyler o Complete Basic Configuration Reviews - Customer o Initial Configuration Signoff - Customer with Tyler input (ver. 12/1/12) Page 8 Tyler Technologies Statement of Work o Provide testing scripts and schedule for Stage 4 — Tyler with Customer input Milestone: Signoff of Stage Stage 4 - Internal Test Tyler has allocated 20 person -days to complete this stage. (Note: The days listed are for estimating purposes only. This is a fixed cost contract; Actual days may be more or less.) In addition Tyler agrees to provide 5 person -days of training over one calendar week. Additional training days require a Change Order. Objectives: o Conduct introductory training o Conduct Initial operational test o Confirm proper installation Deliverables: o Deliver 5 person -days of training to individuals selected by Customer - Tyler o Provide users logins for key Customer staff — Tyler o Conduct Basic System Configuration Testing/Training — Customer with Tyler Assistance o Conduct basic cashiering interface test — Customer with Tyler Assistance o Record testing results in SharePoint Customer with Tyler assistance (must be completed before stage signoff) o Resolve any system issues identified —Tyler Milestone: Signoff of Stage Stage 5 - Build Specifications Tyler has allocated 20.5 person -days to complete this task. (Note: The days listed are for estimating purposes only. This is a fixed cost contract; Actual days may be more or less.) Tyler agrees to provide 5 person -days for defining report requirements. Additional days require a Change Order. Objectives: o Define custom reports requirements o Define custom form requirements o Define and map data conversion requirements (see section titled Data Conversion) o Define integration specifications o Define and map, based on provided API's, interface requirements Deliverables: o Deliver 5 person -days for Report Requirements and Assessments. —Tyler (Additional reporting resources may require additional costs, with applicable change order or customer resources can be utilized at no additional costs. to be purchased from Tyler or completed by Customer.) o Provide Legacy data mapping document—Tyler o Develop integration specifications—Tyler o Provide integration specification document —Tyler with Customer assistance o Recommend Custom Programming - Tyler o Approve/Disapprove Custom Programming —Tyler o Deliver Report Samples (in PDF format) — Customer (must be completed within 2 days of stage start date) (ver. 12/1/12) Page 9 Tyler Technologies Statement of Work o Deliver Report Specifications (must include the formula for every field calculation) — Customer (must be completed within 2 days of stage start date) o Deliver Custom reporting estimates —Tyler o Deliver API's — Customer (must be completed within 2 days of stage start date) o Allocate the time for qualified business and technical experts to assist in the data importation analysis session — Customer o Map legacy data —Tyler o Submit data services request (import/integrations) — Tyler Milestone: Signoff of Stage Stage 6 - Build Tyler has allocated 23.5 person -days to complete this task. (Note: The days listed are for estimating purposes only. This is a fixed cost contract; Actual days may be more or less.) Tyler agrees to provide 10 person -days for writing custom reports. Additional days require a Change Order. Objectives: o Write Custom Reports per defined requirements o Development of conversion routines of previously mapped and defined data. (Note: Change Order needed if additional data elements are discovered.) o Development of interface routines from provided APIs. (Note: Change Order needed if additional data elements are discovered.) Deliverables: o Deliver 10 person -days of Custom Reports development - Tyler(Additional reporting resources may require additional costs, with applicable change order or customer resources can be utilized at no additional costs. Additional days to be purchased from Tyler or completed by Customer.) o Deliver Custom Reports for testing —Tyler o Provide scrubbed data to Tyler — Customer (must be completed within 2 days of stage start date) o Deliver test import of legacy data for testing - Tyler o Deliver test interfaces—Tyler Develop, Configure forms - Tyler o Test and approve forms —Customer o Provide documented cut over strategy —Tyler o Review and approve cut over strategy — Customer (must be completed before stage signoff) Milestone: Signoff of Stage Stage 7 - System Acceptance Planning Tyler has allocated 18 person -clays to complete this task. (Note: The days listed are for estimating purposes only. This is a fixed cost contract; Actual days may be more or less.) Objectives: o Create test scripts based on pre -determined criteria o Provide system overview and administrator training for power users (Le. Customer testers, administrators) o Conduct testing and system validation for promotion to end user training (ver. 12/1/12) Page 10 Tyler Technologies Statement of Work Deliverables: o Coordinate training logistics and schedule - Customer with Tyler assistance o Provide facilities suitable to training and test needs - Customer (must be completed by stage start date) o Provide, if requested by Customer, Tyler's training lab - Customer (must be completed by stage start date) o Recommend test strategies, scenarios and best acceptance practices -Tyler o Develop test scripts and testing criteria - Tyler (based on documented business processes, interfaces, imports, reporting, etc.) o Provide System Overview and Administrator training for Power Users -Tyler o Conduct testing and resolve issues of custom and standard reports - Customer o Conduct testing and resolve issues of forms - Customer o Conduct testing and resolve issues of interfaces - Customer o Conduct testing and resolve issues of data imports - Customer o Conduct testing and resolve issues of Cashiering interface - Customer o Conduct testing and system validation for promotion to end user training - Customer with Tyler assistance Milestone: Signoff of Stage Stage 8 - Verification and System Acceptance Tyler has allocated 38 person -days to complete this task. (Note: The days listed are for estimating purposes only. This is a fixed cost contract; Actual days may be more or less.) Objectives: o Test and signoff on each delivered module, suite or component based on criteria o System ready for production and promoted to a production and/or training environment Deliverables: o Develop Acceptance Schedule -Tyler with Customer assistance o Incorporate Verification of all previous test modules, imports and interfaces including Tyler's Cashiering System - Customer with Tyler assistance o Provide strategic staff for Acceptance testing - Customer o Provide Acceptance Testing Training -Tyler o Conduct Acceptance Criteria Testing - Customer (must begin Acceptance Testing within 2 days of stage start date) o Assist with Acceptance Criteria Testing -Tyler o Resolve Acceptance failures to meet criteria - Tyler o Retest until Acceptance criteria met - Customer with Tyler assistance Milestone: Signoff of Stage Stage 9 - User Training Tyler agrees to provide 17 person -days of training over two calendar weeks. Additional training requires a Change Order. (The 17 days includes 15 days training on EnerGov and 2 days training on Tyler Cashiering). Objectives: o Provide requisite hours of classroom and one-on-one training and knowledge transfer for EnerGov o Provide requisite hours of training for Tyler Cashiering. (ver. 12/1/12) Page 11 Tyler Technologies Statement of Work Deliverables: o Coordinate with Customer to define training logistics and schedule - Tyler o Ensure personnel critical to the success of the project (subject matter experts / key power users, etc.) are present and available to participate & assist in training -Customer o Ensure trainees are available for training - Customer (Time is of the Essence. Must be available at stage start date) o Conduct 15 person -days of EnerGov Training over a 2 week period - Tyler (any additional training beyond the time allocated is the responsibility of the Customer) o Conduct 2 person -days of Tyler Cashiering Training- Tyler (any additional training beyond the time allocated is the responsibility of Customer) o Provide Core User/Supervisor training (Tyler will train end users) for Cashiering -Tyler Milestone: Signoff of Stage Stage 10 - Production & Production Support Tyler agrees to provide 1 person -day for final data import cutover plus 16 person -days spanning two calendar weeks for on-site production support plus 2 day for Tyler Cashiering Go -Live. Additional days require a Change Order. Objectives: o Conduct final data import cutover o Conduct final interface connection o Tyler to provide on-site production support Deliverables: o Provide onsite post production support - Tyler o Define support logistics and schedule - Tyler with Customer assistance o Assist Customer as production issues arise - Tyler o Provide technical and functional user support -Customer o Develop and maintain post -production issues list - Customer (On-site Tyler personnel are not obligated to work on issues list if not created while Tyler is on site). o Ensure key/critical personal are present and available to participate -Customer (must be available immediately at stage start date) o Conduct 20 person -days of Production Support (over a 2 week period) - Tyler - (at the completion of the allocated days, any remaining post -product issues are referred to and handled by the EnerGov Help Desk. o Provide Go -Live support for Cashiering System -Tyler Milestone: Signoff of Stage Go -Live Handoff Process: After Go -Live, there is a period of "go -live clean up" where implementation project members assist to resolve minor items that occurred during onsite production support (see task "Develop and maintain post -project issues list") and are within the scope of the implementation. Following resolution of these, server information and other site information are relayed to the internal Account Manager. Support information is exchanged (e.g. who is authorized to call the Tyler/EnerGov Help Desk), and the Account Manager will begin periodic calls to the Customer to resolve any issues which develop. The flier. 12/1/12) Page 12 Tyler Technologies Statement of Work implementation SharePoint is dismantled soon after Go -Live and the Tyler Support Tunnel is then use to report and check on support issues. Migrate critical documents to City's internal Sharepoint Site. Each stage, as established above, is designed to provide a point at which full reviews of the stage objectives are assessed for completeness. When a stage is complete, a Work -Acceptance Form (see SOW Attachment A) is completed and signed by the Customer signifying acceptance of that stage and the beginning of the next stage. Each stage is dependent on the results of the previous stage and therefore, each stage of the methodology cannot begin until the previous stage is completed and approved. DATA CONVERSION One of the more difficult aspects of software transition revolves around data conversions. Optionally, data can be entered into a new system manually but the time, expense and accuracy of this method falls short of most project requirements. Automating the process through the use of custom written code if faster, less expensive and more accurate but creates friction points between vendor and customer. The following criteria are applied to Data Conversion ❑ Data Format Data should be provided to Tyler in any of the following formats: SQL Server 2000 or Higher, Access 97 or Higher, delimited text files. One data source (DB) per deliverable. ❑ Data scrubbing/cleansing Any data scrubbing should be done by the customer ahead of the data mapping process. Data scrubbing and cleansing is not included. ❑ Mapping to custom fields Text columns/fields from legacy systems are not mapped to dropdown box custom fields in the EnerGov Software. These are mapped to text custom fields in EnerGov. However, for built-in, required dropdown boxes like status codes, type codes, etc. (non -custom fields), Tyler can map these from text fields. ❑ Parsing data Address Data: Tyler does not parse out address information for optimization purposes. Rather the customer is responsible to deliver the address information in the requested (preferred format). Tyler will import the address data delivered (format) and map the fields to the best possible location in the EnerGov system. Tyler is not responsible for cleanup of inconsistent addressing. Phone Numbers: Phone numbers are imported in the format in which the data is delivered to Tyler. Tyler is not responsible for cleanup of inconsistent numbering or sequencing. Individuals / Names: Individual names are imported in the format in which the data is delivered to Tyler. Tyler is not responsible for parsing out single name fields into First, Last, Middle, Company, etc. Contacts Data: If contact data is not keyed in such a way that each instance of a person has one, and only one, contact record (the record with all of their attributes such as name, address, company, phone, etc.) in flier. 12/1/12) Page 13 Tyler Technologies Statement of Work the data source, then the contacts associated with a record will typically be imported into a general information tab rather than into the EnerGov Enterprise Contacts Manager. ❑ Business -Specific Rules Business specific rules are handled in the software configuration process and cannot typically be mapped within the Data conversion process. This includes but is not limited to EnerGov Intelligent Objects and EnerGov Case Workflows. ❑ Calendars & Scheduling EnerGov software can import scheduled hearings and meeting details; however any data residing on an actual calendar control is excluded from the scope of the data conversion. KEY PROJECT ASSUMPTIONS • Customer and Tyler shall review their responsibilities before work begins to ensure that Services can be satisfactorily completed. • Customer will provide Tyler with access to its equipment, systems, and personnel to the extent needed to complete the defined Services. • Customer will provide work space for Tyler Services for work completed on Customer premises. • Tyler shall initially implement the most current version of the Tyler software at the time of the contract signing. At this time the Customer expects this to be Vs. 9 as presented during the software demo process. During the implementation Tyler will provide newer releases of the software that meet or exceed the version available at contract signing. After Go -Live, the Customer is responsible for installing newer releases. Release notes are provided for all new versions. • Customer will maintain primary responsibility for the scheduling of Customer employees and facilities in support of project activities. • Customer shall provide Tyler with network access for remote installation and testing through industry standards such as Virtual Private Network (VPN) or other secure access methods. • Customer will provide/purchase/acquire the appropriate hardware, software and infrastructure assets to support all purchased Tyler software products in both support/testing and production environments. Tyler to advise Customer on infrastructure requirements and specifications. • Customer is responsible for proper site preparation, hardware, software, and network configuration in accordance with Tyler specifications. Tyler to review/confirm Customer has properly prepared site. • Customer has, or will provide, access licenses and documentation of existing system to which Tyler will read, write or exchange data. • Customer has, or will provide, a development/testing environment for import and interface testing as they are developed by Tyler. • Tyler shall be responsible for implementing a functioning version of the application software (assuming Customer has installed the proper hardware, software, and networking devices). • Tyler will provide Customer with a weekly status reports that outline the tasks completed. Tyler will also provide details regarding the upcoming tasks that need to be completed during the coming weeks, the resources needed (from customer) to complete the tasks, a current or updated version of the project plan, and a listing of any issues that may be placing the project at risk (e.g., issues that may delay the project or jeopardize one or more of the production dates) as needed. • Tyler personnel shall attend executive project review committee meetings (internal) as needed. flier. 12/1/12) Page 14 Tyler Technologies Statement of Work OUT OF SCOPE • Any custom code development such as; changes to source code, additional interface development, legacy or other imports not referenced in the RFP, or not previously defined through any documented functional requirements documents. • Any undocumented requirements. Undocumented requirements include requirements not specified in the RFP and Tyler's affirmative response to the RFP, SOW Appendix A, SOW Appendix B, SOW Appendix C. • Post System Acceptance Configuration. System Acceptance requirements are met at the completion of System Acceptance (Stage 8). Any changes requested of the Tyler implementation team to alter the configuration, post System Acceptance, must be documented through a Change Order and may incur additional costs. Customer has access to all built-in configuration tools and is free to reconfigure or create new configuration as required or desired. RISK / MITIGATION STRATEGY Tyler EnerGov Unavailability/Incompatibility of Staff Risk: Tyler recognizes that individuals assigned to projects may become unavailable due to various causes. Further, Tyler recognizes that individuals sometimes clash for reasons of incompatibility. Tyler schedules team members based on all the projects to which those individuals are assigned. Unavailability may occur due to unforeseen circumstances such family matters or their departure from Tyler employment. Incompatibility creates intolerance in project objectives and tasks and creates unnecessary delays and can lead to project failure if not corrected. Mitigation: In the event a Tyler project member is determined to be unavailable, Tyler manager will consult with customer on alternatives such as a temporary replacement or substitute of the person. Likewise a similar response is expected from the Customer if their team member is unavailable. Incompatibility is addressed first through attempts to resolve the compatibility issues between individuals. Failing resolution, team members must be replaced. In the event a Tyler team member is determined to be incompatible, Tyler will replace but with a new team member, provided time to orient to the project then assume their respective responsibilities. Customer Staff unavailability Risk: Delays in the project timeline will occur if appropriate Customer staff is unavailable to meet with or respond to Tyler for timely decisions and or directions. Mitigation: Customer should insure that staff assigned to this project is given sufficient priority and authority to work with Tyler while completing other Customer responsibilities in a timely fashion. Decisions must be made in hours and days, not weeks. Scope Changes (aka - Scope "Creep") Risk: Poorly defined projects always take longer than expected or cost more than expected because of poorly defined scope at the beginning of the project. Mitigation: Both parties must insure that the scope of the project is well stated and completely defined to the best of each party's knowledge. Functional requirements should be reviewed carefully to insure completeness. Change Orders are required to document any subsequent impact on schedule and/or costs. (ver. 12/1/J.2) Page 15 Tyler Technologies Statement of Work Activity Focus Risk: Sometimes associated with efforts that lead to Scope Changes, Activity Focus is a risk that minor activities consume time that should be dedicated to major activities of the project with the end result that time and/or costs overruns budget. Examples include meetings of little substance or that go longer than they need or time consume investigating undocumented functionality or other activities not in scope. Mitigation: Project Managers for both Parties must guard themselves to avoid focus drift by insuring the focus is squarely on meeting deadlines, services, and configuration requirements of the implementation as planned and documented in the planning, assessment and definition stages. Incomplete Legacy, Interface Documentation Risk: During the project certain third party documentation will be required for such tasks as interface development and import of legacy data and others. Mitigation: Customer should insure that APIs for interfacing to other systems is available to Tyler and that legacy data imports are known in advance of need. Achievable Goals Risk: The expectation of this project are set too high or are not explicit or clear to Customer Staff and thus not communicated to Tyler through Functional Requirements and clearly stated scope. Mitigation: The parties must insure, through the Contract and Task Orders that the goals of the project are explicit, well defined and attainable and that both parties have "signed off" on the requirements Technology Age Risk: This risk is highly dependent on the choice of Tyler products and whether the Customer is hosting any of those products. If the Customer will be hosting its own then the technology utilized should be robust enough for several years into the future. Technology that barely meets minimum requirements today will be insufficient as the system and needs of the system grow. Mitigation: Tyler will assist Customer in determining optimal technology and plans to guard against pre- mature obsolescence. CRITICAL SUCCESS FACTORS In order to successfully execute the services described herein, there are several critical success factors for the project that must be closely monitored. These factors are critical in setting expectations between the Customer and Tyler, identifying and monitoring project risks, and promoting strong project communication. • Knowledge Transfer - While Tyler cannot guarantee specific expertise for Customer staff as a result of participating in the project, Tyler shall make reasonable efforts to transfer knowledge to the Customer. It is critical that Customer personnel participate in the analysis, configuration and deployment of the Tyler software in order to ensure success and to transfer knowledge across the organization. After completion of the production phase, the Customer will be responsible for administering the configuration and introduction of new processes in the Tyler system. • Dedicated Customer Participation — Tyler fully understands that Customer staff members have daily responsibilities that shall compete with the amount of time that can be dedicated to the Tyler implementation project. However, it is critical that the Customer acknowledges that its staff must be actively involved throughout the entire duration of the project as defined in the Project Plan. Tyler shall communicate insufficient participation of Customer and Tyler resources as well as the (ver. 12/1/J.2) Page 16 Tyler Technologies Statement of Work corresponding impact(s), through Project Status Reports. • Acceptance Process — Acceptance must be based on criteria. The objectives and tasks of each stage of a project provide the basic criteria by which to judge acceptance of a stage is to be granted. Within each stage additional criteria will be developed by team members on which to judge future stages. For example, System Acceptance (Stage 8) will be based on criteria developed in earlier stages. As resource are consumed, Tyler shall provide the Customer with a Work Acceptance Form (see SOW Attachment A) to formalize receipt. The Work Acceptance Form is subsequently signed by the appropriate Customer stakeholder(s), and faxed or emailed to Tyler. Timely and honest acceptance is required to maintain project momentum. Failure to properly establish acceptance criteria or failure to accept a properly completed stage will cause delays in the project. In an effort to ensure quality and complete satisfaction with each stage of the project, Tyler's professional services division has established the following rule: A Signed Work Acceptance Form (see SOW Attachment A) is required upon completion and customer -acceptance of the resources consumed on the project. Stage signoff is also required before proceeding to the next stage in the process. A change to any of the resources dedicated to any of the stage processes requires a change order in order to reallocate to any subsequent stages. • Managing Project Scope - In an effort to implement the project on time and within budget, both Tyler and Customer agree to limit the software and professional services to only those items identified in this Statement of Work. Expanded scope results in additional costs. The implementation services scope for the Tyler products and departmental configuration services are formalized the approved project definition documentation ("PDD") defined during the Assess and Define stages of the project. Functional software requirements are defined by the functional requirements matrix (if provided in the RFP and responded in the affirmative by Tyler and included in the contract or this SOW) and by the customer's due diligence assessment. Change Orders for additional items outside the scope of the defined project requirements must be submitted in advanced and signed by project stakeholders before work can be accomplished on those items. Likewise, reductions of the defined scope will also require a Change Order. • Goal and Objectives tied to the RFP and Tyler's response — Tyler's objectives and approach to the project are based on the information in the Customer's RFP and Tyler's response. All work performed by Tyler is based on this understanding. FUTURE AMENDMENTS TO SCOPE Changes in the project scope, beyond the capability of a Change Order, may require a contract amendment and a new Statement of Work. PROJECT MANAGEMENT Tyler performs ongoing project management services throughout the implementation in order to plan and monitor execution of the project. Project Management includes the following tasks: • Project plan management using Microsoft Project • Project document management using Microsoft SharePoint • Issue log management and escalation flier. 12/1/12) Page 17 Tyler Technologies Statement of Work • Status reporting • Change order management • Project workspace management • Resource management • Executive project oversight via Executive Director and Project Review Committee By mutual agreement some project management tasks are shared between the Tyler Project team and the Customer Project Manager/Stakeholders. STAFFING Tyler will provide resumes for all Tyler staff working on site. Tyler will replace Customer requests for on-site staff changes upon written request to Tyler providing an explanation of the reason for replacing a staff member. On-site orientation costs of replacement staff are the burden of Tyler. Tyler will not replace onsite staff without advance notice and good cause. Replacement staff must be approved in advance by Customer. Staffing is allocated during the Planning & Initiation phase. Only key project sponsors (implementation director / executives, etc) are capable of being determined and included within the SOW/Contract. PROJECT SCHEDULE Upon execution of the contract, the parties will subsequently collaborate during the project planning and initiation stage to determine a start date for services to be rendered. Upon initiation of these services, Tyler shall work with Customer to collaboratively define a baseline or preliminary project schedule/plan. Given the fact that project schedules are working documents that change over the course of the project, Tyler shall work closely with Customer to update, monitor, agree, and communicate any required changes to the project schedule. Development Tools No special development tools are required for the EnerGov Software. The EnerGov source code is not accessible (unless through the requirements of an Escrow Agreement). With the exception of the development of new reports, the configuration tools are built -into the software and the customer has full access. The Tyler implementation staff will use these same configuration tools to setup the EnerGov system. Administrator training includes the use of the configuration tools. Crystal Reports. EnerGov reports are developed in Crystal Reports. Any changes in the reports included with the software or the development of new reports does require a licensed copy of Crystal Reports. Tyler recommends this function be reserved for System Administrators or designated staff who have the skills and the necessary access to the EnerGov software. The EnerGov system includes a built-in Crystal Report reader so they, if authorized to view reports, do not require Crystal. flier. 12/1/12) Page 18 Tyler Technologies Statement of Work Documentation Tyler -provided documentation Over the course of the 10 -stage implementation lifecycle, the Tyler project team will provide stage -specific documentation in a range of formats (both editable and non -editable). Examples include: • Data Collection docs (MS Excel) for configuration • Data Mapping docs (MS Excel) for data conversion • ERDs & Data Dictionaries for IT (PDF and CHM) • Training Documentation Templates (MS Word and MS PowerPoint) • Release Notes for Service Packs (PDF) • Other documentation as required for the specifics of the project. Customer -provided documentation A definitive list of Customer -provide documentation is not possible until all aspects of the implementation are determined, usually in the beginning stages of the project. Certainly, customer's assistance in completing the Tyler -provided forms and requests for configuration information is essential to a successful project Documentation originated by the Customer includes: • Application Programming Interface documents (API's) for any third -party software system to which the EnerGov software will interface and exchange data. • Import data documentation and in a format suitable for import into the EnerGov System (please see section titled Data Conversion). • Workflow documentation on the Customer's current business processes • Copies of pertinent ordinances or other controlling authorities • Fee Schedules • Copies of existing permits, licenses, other documents presented to the public and expected to be derived from the EnerGov Software. Issue Resolution Issue resolution for contract matters follows the process outlined and agreed to in the contract between Tyler and Customer. For issues dealing with the setup and configuration of the EnerGov Software the following general procedure is followed: • All issues dealing with setup and configuration of the EnerGov software must be based on criteria established in the affirmative response to the RFP. • Issues are entered into the SharePoint website, then resolved through mutual effort by the Project Managers and escalated as needed to higher authority if the PMs are unable to resolve. flier. 12/1/12) Page 19 Tyler Technologies Statement of Work SOW Appendix A - Permit Applications List J SOW Appendix A - Permits Applications L SOW Appendix B — Inspections SOW Appendix B - Inspections. pdf (ver. 12/1/12) Page 20 Tyler Technologies Statement of Work SOW ATTACHMENTS SOW Attachment A - (Sample) Work Acceptance Form This form provides the means for the Customer to accept work provided or provide reason for denial of a work. - A - For SOW Attach Work Acceptance SOW Attachment B - (Sample) Change Order Form Any change in the project must have a completed and approved Change Order. SOW Attach Change Order B - Form -7 SOW Attachment C - Hardware / Software Requirements This document provides the recommended hardware/software requirements for the Tyler system. Performance using systems which do not meet these requirements may not have expected performance levels. SOW Attach C - Network Hardware -S SOW Attachment D - Customer Roles -Skills This document defines the roles and skill expectation of the Customer in order to make the project progress as efficiently and effectively as possible. SOW Attach Customer Roles D - -Skills SOW Attachment E - Custom Programming Requests This document provides the means for defining a custom programming request for any modification to the Tyler source code. NOTE: Custom Programming requests require an Impact Fee of $10,000 in addition to other associated costs. J SOW Attach E - Custom Programming SOW Attachment F - Custom Report Programming Requests A specified number of hours are allocated for Custom Report requirements. During the project these are defined and developed. Resources are allocated for this purpose. Additional custom reports and/or additional allocation of resources may be requested through the use of this form. *— F - Progr SOW Attach Custom Report (ver. 12/1/12) Page 21 SOFTWARE SOURCE CODE ESCROW AGREEMENT TERMS AND CONDITIONS IN CONSIDERATION OF the terms and conditions of the Agreement and other good and valuable consideration, the parties hereto agree as follows: ESCROW AGREEMENT. Tyler Technologies agrees to name, hereinafter CLIENT, as a beneficiary in accordance with the provisions of the Software Escrow Service Agreement Tyler Technologies maintains with an independent escrow service. PRICE. CLIENT agrees to pay an initial start-up fee of $750.00 due upon execution of this agreement. Future annual payments of $750.00 will be invoiced in the month prior to the renewal date and will be due in full for this agreement to continue in effect. SOFTWARE SOURCE CODE COVERED. This Agreement applies to all Tyler Software Products for which CLIENT has paid the full agreed upon price of the Tyler Software license. If CLIENT acquires additional Tyler Software Products in the future, such software shall also be covered by this Agreement. If CLIENT fails to pay the Escrow fee when due, Tyler Technologies shall have the right in its sole discretion to suspend its performance or terminate this Agreement. TERM. This Agreement shall become effective on the date executed by an officer of Tyler Technologies and shall have a term ending upon the last day of the month one year following that date. A. This Agreement will automatically renew for subsequent one year terms unless either party gives the other party at least thirty days prior written notice of its intent not to renew. Fees for subsequent years are subject to change. PROVISIONS. As a minimum requirement, Tyler Technologies agrees to provide the following service to CLIENT through an escrow agreement A. Tyler Technologies will maintain a software escrow service agreement with an independent escrow service provider. B. Tyler Technologies will deposit a current copy of source code for all licensed Tyler Software Products and will update the deposit when a major revision of the software is released. C. If Tyler Technologies chooses to change the provider of the escrow service, Tyler Technologies will notify CLIENT of the name and address of the new escrow service provider. D. The provisions included in the escrow service agreement will include provisions for the beneficiary to receive access to the Tyler Software Products source code when the escrow service provider has received written instruction directly from Tyler Technologies, Tyler Technology's trustee in bankruptcy, or a court of competent jurisdiction and payment to the escrow service provider of the deposit copying and delivery fees, then the escrow service provider will release a copy of the deposit materials to CLIENT. ACCEPTED BY: ACCEPTED BY: CLIENT Name By: Tyler Technologies, Inc. By: Signature Signature Title Title Date Date SOW Appendix A Planning Applications 1. Appeal 2. Bingo License 3. Bond Application 4. Certificate of Compliance 5. Conditional Use Permit 6. Development Impact Fee Reduction 7. Development Plan 8. Extension of Time 9. Facade Improvement Program 10. General Plan Amendment 11. HANS/MSHCP (Multi -Species Habitat Conservation Plan) 12. Historical Appropriateness Certificate 13. Home Occupation 14. Home Product Review 15. Land Division Phasing Map Application 16. Lot Line Adjustment 17. Massage Establishment Application 18. Massage Establishment Supplemental 19. Massage Establishment Required Documents 20. Massage Technician Application 21. Massage Technician Required Documents 22. Modifications Application 23. Minor Exception 24. Model Home Complex 25. Parcel Merger Certificate 26. Pre -Application Review 27. Public Convenience or Necessity Application 28. Sales Trailer Temporary Use Permit 29. Secondary Dwelling Unit 30. Sign Program Application 31. Sign Program Amendment Application 32. Specific Plan Application 33. Specific Plan Amendment 34. Telecommunication Facility Application 35.Temporary Sign Application 36.Temporary Sign Application for Old Town 37.Temporary Use Permit 38. Tentative Maps 39. Variance 40. Vendors License 41. Vesting Tentative Tract Map 42.Zoning Amendment Land Development 1. Grading permit 2. Encroachment permit 3. Utility permit 4. Blanket Utility permit 5. Haul Route permit 6. Curb core permit 7. Driveway permit 8. Temporary power pole permit 9. Special Event permit 14. Citations Building and Safety 1. Commercial a. New Commercial b. Tenant Improvement c. Commercial Addition d. Certificate of Occupancy e. Sign f. Electrical g. Plumbing h. Mechanical i. Re -roof j. Photovoltaic k. Pool I. Wall/Fencing m. Patio/Awning/Canopy n. Trash Enclosure o. Commercial Trailer p. Storage Racks q. Telecommunication Site r. Accessory Structure s. ADA Improvements 2. Residential a. New custom home b. New Single Family Detached c. New Single Family Attached d. New Multi -Family e. Residential Addition f. Remodel g. Patio Cover h. Pool i. Water Heater j. Re -roof k. Photovoltaic I. Electrical m. Plumbing n. Mechanical o. Pool p. Demo q. WaII/Fencing r. Garage s. Accessory Structure t. Mobile - Site Prep, Foundation and Installation Code Enforcement 1. Residential Citations a. Building, Housing, Uniform b. Business License c. Multiple Violations d. Municipal Code Violations e. Property Maintenance f. Sign g. Vehicle Abatement 2. Commercial Citations a. Building, Housing, Uniform b. Business License c. Multiple Violations d. Municipal Code Violations e. Clean Water Act f. Park Ranger g. Property Maintenance h. Sign or Banner Violation 3. Weed Abatement a. Commercial b. Residential Fire 1. Fire Prevention a. Fire Alarm i. ALARM NEW 1-10 ii. ALARM NEW 11-50 iii. ALARM NEW 51-100 iv. ALARM NEW >100 b. Fire Alarm Tenant Improvement i. ALARM TI 1-10 ii. ALARM TI 11-50 iii. ALARM TI 51-100 iv. ALARM TI >100 c. Fuel System d. Gases e. Hood System f. Hood & duct system g. Fire pumps h. Spray booth i. Foam/liq systems j. Esfr k. Dry chem systems I. CO2 systems m. Inert gas extinguishing system n. Vapor recovery system o. Medical gases p. Industrial gases q. UST plan r. AST plan s. Tank/piping removal t. Smoke control system u. Dust collection system v. Industrial ovens w. Hazmat storage x. HPS y. Regltd refrige z. MS industrial equipment aa.Technical Reports bb. Special Extinguishing System cc. Sprinklers — Overhead i. SPRINKLER NEW 1-100 ii. SPRINKLER NEW 100-300 iii. SPRINKLER NEW 300-700 iv. SPRINKLER NEW >700 v. RES. SPRINKLER SYSTEM dd. Sprinklers — Overhead for Tenant Improvement i. SPRINKLER TI 1-10 ii. SPRINKLER TI 11-50 iii. SPRINKLER TI 51-100 iv. SPRINKLER TI >100 ee. Storage ff. Underground Water System i. Underground Sprinkler ii. Underground Hydrants iii. Underground Combo 2. No Permit Inspection a. Commercial License b. General Inspections 3 Annual a. Fire Annual Major b. Fire Annual Minor Finance 1 Business License a. Regular Registration b. Outside Constructor c. Exempt 2 Trust Account application SOW Appendix B Inspection Items Table Categor Item Description ---- Department Divisio Type Y No n BLDG 1000 BLDG - FOOTINGS /FORMS COMDEV B BLDG 1001 Permit Information - -- BLDG 1005 BLDG -SETBACKS COMDEV B bid BLDG 1006 BLDG - PRECONSTRUCTION MTG COMDEV B bldg BLDG 1010 BLDG GROUT LIFT/TILT UP/ BB COMDEV B bldg BLDG 1015 BLDG RETWALUDRAIUSEAL COMDEV B bldg BLDG 1020 BLDG SLAB/ WP/ SUBFLOOR COMDEV B bldg � BLDG 1025 BLDG FLOOR SHEATHING COMDEV 8 bldg BLDG 1030 BLDG - ROOF DECK TRUSS'S COMDEV B bldg _- BLDG 1035 BLDG - SHEAR/ HOLDDOWNS COMDEV B bldg -- BLDG 1040 BLDG FRAMING COMDEV B bldg BLDG 1050 BLDG - ENERGY COMDEV 8 bldg COMPUINSULATION �... BLDG 1060 BLDG DRYWALUINTERIOR LATH COMDEV B bldg BLDG 1070 BLDG - EXTERIOR LATH/FLASHING COMDEV B --- bldg BLDG 1080 BLDG -T-BAR CEILING... COMDEV B bldg BLDG 1090 BLDG -BOND BEAMS COMDEV B bldg _ --- BLDG 1100 BLDG - STEEL COMDEV B bldg BLDG 1110 BLDG FIREPLACE (PL) (TO) COMDEV B bldg BLDG 1120 BLDG FIREPLACE (TO) COMDEV B bldg BLDG 1130 BLDG FINISH GRADE COMDEV B bldg --- BLDG 1140 BLDG FINAL COMDEV B bldg BLDG 1200 PLMG - UNDERGROUND PLUMBING COMDEV B __-- bldg bldg bldg BLDG 1210 PLMG ROUGH PLUMBING COMDEV 6 bldg BLDG 1220 PLMG GAS TEST COMDEV B bldg BLDG 1225 PLMB BACKFLOW PREVENTER COMDEV B bldg BLDG 1230 PLMG - SEPTIC SYSTEM COMDEV B bldg BLDG 1231 FRAMING COMBO RES 0-2000 COMDEV B _-- bldg BLDG 1232 FRAMING COMBO RES 2001-3000 COMDEV B _ - bldg BLDG 1233 FRAMINGCOMBORES30014000 COMDEV B bldg BLDG 1234 FRAMING COMBO COMM COMDEV B bldg BLDG - 1235 FINAL COMBO RES 0-2000 COMDEV B _ - bldg BLDG 1236 FINAL COMBO RES 2001-3000 COMDEV B ,., LbIdg BLDG 1237 FINAL COMBO RES 3001 4000_ COMDEV B 1 bldg BLDG 1238 FINAL COMBO COM COMDEV B bldg BLDG 1239 DRYWALL/LATH/GAS COMBO COMDEV B bldg BLDG 1240 PLMG SEWER COMDEV B bldg BLDG 1250 PLMG WATER SERVICE - HEATER COMDEV B bldg BLDG 1260 PLMG - FINAL COMDEV B bldg BLDG 1275 PLUM GAS RELEASE _-- COMDEV B bldg BLDG 1300 ELEC TEMP POWER POLE COMDEV B bldg _- BLDG 1305 ELEC- UFER GROUND COMDEV 6 bldg BLDG 1310 ELEC-GROUNDING WIRE COMDEV B bld __- BLDG 1320 ELEC - UNDERGROUND COMDEV B bldg ELECTRICAL BLDG 1325 ELEC- ROUGH ELECTRICAL COMDEV B bldg BLDG 1330 ELEC CONDUIT COMDEV B bldg BLDG 1340 ELEC- POOL ELECTRICAL COMDEV B bldg --____-- BONDING BLDG 1350 ELEC WIRING COMDEV B bldg.. BLDG 1360 ELEC SERVICE ENTRANCE COMDEV B bldg BLDG 1370 ELEC SERVICE COMDEV B bld BLDG 1380 ELEC - FIXTURES COMDEV B bldg BLDG 1385 ELEC ELECTRICAL RELEASE COMDEV B bldg -- BLDG 1390 ELEC FINAL COMDEV B bldg BLDG 1391 TORQUE/SWITCH GEAR _--- COMDEV B bldg BLDG 1500 MECH ROUGH MECHANICAL COMDEV B bldq BLDG 1510 MECH-COMMERCIAL HOOD/SHAFT COMDEV B bldg BLDG 1520 MECH - FIRE DAMPER COMDEV B bldg BLDG 1530 MECH COMPRESSOR COMDEV B bldq BLDG 1540 MECH - SMOKE DETECTION DEVICE COMDEV B bldg BLDG BLDG LBLDG 1550 1551 1600 MECH - FINAL COMDEV B AIR BALANCE --- COMDEV B POOL - OK TOGUNITE. COMDEV B Page 1 bldg bldg bld 17:43 01/07/2013 BLDG BLDG BLDG BLDG BLDG BLDG 1610 1620 1630 1635 1645 1655 Inspection Items Table 17:43 01/07/2013 POOL - PRE -DECK POOL - PRE -PLASTER POOL - FENCE AND GATE APPROVAL POOL - LIGHT/GFI TEST/FINAL TITLE 24 ENERGY COMPLIANCE TITLE 24 HANDICAPPED COMPLNCE COMDEV COMDEV COMDEV COMDEV COMDEV COMDEV BLDG 1700 PERMIT FINAL COMDEV BLDG 1730 SPECIAL INSPECTION COMDEV BLDG 1735 DEMOLITION INSPECTION COMDEV BLDG 1800 CERTIFICATE OF OCCUPANCY COMDEV BLDG 1801 PERMIT EXTENSION COMDEV BLDG 1810 TRAVEL TIME COMDEV BLDG 1820 ADMINISTRATIVE -PERMIT RELATED COMDEV bldg bld bldg bldg bldg 13 bldg bldg bldg bldg bldg Bbldg bldg 13 bldg bldg bdg fire fire fire fire fire fire fire fire BLDG 1830 PLAN CHECK - INHOUSE ONLY COMDEV B BLDG 1840 PLAN CHECK - ADMINISTRATIVE COMDEV B FIRE 1900 FIRE PREVENTION C OF 0 FIRE BLDG 1905 FIRE -PLAN CHECK BUILDING T I FIRE FIRE 1906 FIRE -PLAN CHECK ( MISC) FIRE BLDG 1907 FIRE - PLAN CHECK ( MISC) FIRE FIRE 1910 FIRE PREVENTION SHELL FIRE FIRE 1915 FIRE-ADMINSTATIVE FIRE FIRE 1917 FIRE -LICENSE FACILITY INSPECT FIRE FIRE 1919 FIRE -UNDERGROUND WATER P/C FIRE FIRE 1920 FIRE -UNDER GROUND HYDRO FIRE FIRE 1921 FIRE THRUST BLOCK FIRE FIRE 1924 FIRE-OVER/UNDER TANK P/C FIRE FIRE 1925 FIRE -OVER HEAD HYDRO FIRE FIRE 1926 FIRE FLOW FIRE FIRE 1930 FIRE -FLUSH FIRE FIRE 1933 FIRE -SPRINKLER NCOM PLAN FIRE CHECK FIRE 1934 FIRE -SPRINKLER TI PLAN CHECK FIRE FIRE 1935 FIRE -SPRINKLER FIRE FIRE 1936 FIRE -WELD INSPECTION FIRE FIRE 1939 FIRE -HOOD DUCT PLAN CHECK FIRE FIRE 1940 FIRE -HOOD DUCT FINAL FIRE FIRE 1945 FIRE-PREWIRE FIRE FIRE 1946 FIRE -SPRAY BOOTFI PLAN CHECK FIRE FIRE 1947 FIRE -SPRAY BOOTH FINAL FIRE FIRE 1948 FIRE -SPECIAL SUPPRESSION P/C FIRE FIRE 1949 FIRE -ALARM PLAN CHECK FIRE FIRE 1950 FIRE -ALARM FINAL FIRE FIRE 1951 FIRE -TANK HYDRO TEST FIRE FIRE 1952 FIRE -PIPING HYDRO FIRE FIRE 1953 FIRE -SECONDARY CONTAINMENT FIRE fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire FIRE t 1954 FIRE -SHEAR VALVES FIRE fire FIRE 1955 FIRE-OVER/UNDER TANK FINAL FIRE fire FIRE 1956 FIRE -TANK REMOVAL FIRE fire FIRE 1957 FIRE-FIREFIRE fire FIRE 1958 FIRE -SPECIAL SUPPRESSION SYST FIRE fire BLDG 1959 FIRE -PLAN CHECK BUILDING FIRE fire FIRE 1960 FIRE-ADMIN-MISC MEETINGS FIRE fire FIRE 1962 FIRE-OFFICE/PHONE/COUNTER FIRE fire FIRE 1965 FIRE -SPECIAL PROJECT/INVEST FIRE fire FIRE 1967 FIRE ENGINE CO FOLLOW UP FIRE fire INSPE FIRE 1970 FIRE SAFTEY INSPECTION FIRE fire FIRE 1972 FIRE STATE MANDATED FIRE fire INSPECTION PLAN 1975 FIRE SPECIAL EVENTS FIRE FIRE 1977 FIRE ADMINSTRATION FIRE FIRE 1980 FIRE MISC PLAN CHECK FIRE FIRE 1982 FIRE MISC INSPECTION FIRE PLAN 1985 FIRE DRC PLANNING CASES FIRE Page 2 fire fire fire fire fire Inspection Items Table PLAN 1987 FIRE DRC MEETINGS FIRE _ fire PW 1991 PW Fire Grading Plan Check FIRE --- _-- fire -- BLDG 2000 B&S ADMINISTRATIVE/MISC COMDEV B bldg BLDG 2005 B&S TRAVEL (TO/FROM YARD) COMDEV B bldg BLDG 2010 B&S CIP (CAPITAL IMP PROJ) _ COMDEV B bldg BLDG 2020 B&S - CLERICAL SUPPORT COMDEV B bldg _J BLDG 2030 B&S DRC (DEV REVIEW COMM) COMDEV B bldg BLDG 2040 B&S - FIRE PERMIT SUPPORT COMDEV B _-- bldg BLDG 2050 B&S MEETINGS (STAFF, ETC) COMDEV 113 bldg BLDG 2060 B&S PUBLIC INFO/PHONE/COUNTE COMDEV 8 bldg BLDG 2070 B&S SPECIAL PROJECT (MISC) COMDEV B bldg BLDG 2071 B&S SPECIAL PROJ(FAST TRACK) COMDEV B bldg BLDG 2072 B&S OLD TOWN TASK FORCE COMDEV B bldg BLDG 2100 B&S TIME -OFF (CAL, HOLIDAYS) COMDEV Bbldg BLDG 2110 B&S TRAINING AND EDUCATION COMDEV B bldg PW 2120 B&S PC FOR ADA COMPLIENCE COMDEV B bldg CODE 2500 CE - INITIAL INSPECTION CODE ce CODE 2510 CE - FOLLOW UP CODE ce CODE 2520 CE -ADMIN CODE ce CODE 2580 CE CITATION CODE ce CODE 2590 CE COMPLIED CODE ce PLAN 3010 PLN CITY COUNCIL COMDEV P In PLAN 3030 PLN DIRECTORS HEARING COMDEV P _pin PLAN 3040 PLN DRC (LETTERS, MEETINGS) _.. COMDEV P pin PLAN 3080 PLN PLANNING COMMISSION COMDEV P pn __- PLAN 3090 PLN PUBLIC NOTICES COMDEV P pin PLAN 3110 PLN SITE VISIT/INSPECTION COMDEV P pin PLAN 3130 PLN TELEPHONE (CASE RELATEDL COMDEV P pin PLAN 3150 PLN LANDSCAPE INSPECTION COMDEV P pin PLAN 3160 PLN -ARCHITECTURAL INSPECTION COMDEV P pin PLAN 3170 PLN -CERTIFICATE OF OCCUPANCY COMDEV P .In __. PLAN 3180 PLN -RELEASE OF POWER COMDEV P .In PLAN 3400 PLN COUNTER TIME COMDEV P pin PLAN 3500 PLN MEETING (STAFF/OTHER) COMDEV P pin PLAN 3560 PLN PROJECT NOTESCOMDEV P pin .... 3570 WQMP PW pin PW 4000 TRAFFIC - GENERAL PWORKS PW _- FIRE4010 Flamable Liquid Storage FIRE fire CODE 4036 INITIAL CONTACT CODE CODE __-- _.. CODE 4100 ANIMALS, PROHIBITED CODE ___-- CODE -------__.. CODE 4101 AUTO REPAIR CODE CODE CODE 4102 BUILDING, ABANDONED CODE CODE CODE 4103 BUILDING SUBSTANDARD CODE CODE -_ CODE _ 4104 BUILDING UNSAFE CODE _-- CODE CODE 4105 BUILDING WITHOUT PERMIT CODE CODE CODE 4106 BUSINESS LICENSE CODE CODE CODE 4107 COA'S VIOLATION CODE CODE CODE 4108 DISCARDED HOUSEHOLD ITEMS CODE --- ODE CODE 4109 DRAINAGE CODE CODE -- CODE 4110 DUST CONTROL CODE CODE CODE 4111 ENCROACHMENT OF PROW CODE CODE CODE 4112 EXCAVATION, OPEN CODE CODE CODE 4113 EXCESSIVE LIGHTING CODE --- CODE CODE 4114 EXCESSIVE NOISE CODE CODE CODE 4115 FENCING UNSOUND --- CODE CODE -- CODE 4116 GARAGE/YARD SALES CODE CODE CODE 4117 HOME OCCUPATION, ILLEGAL CODE _-- CODE CODE 4118 ILLEGAL DUMPING CODE CODE __-- CODE 4119 ILLEGAL GRADING CODE CODE CODE 4120 MOBILE VENDING, ILLEGAL CODE --- CODE ___ CODE 4121 OBSCURING VISIBILITY __-_- CODE CODE CODE 4122 PEDDLERS/SOLICITORS CODE CODE CODE 4123 POOL, ACCESSIBLE CODE CODE ----- _ CODE 4124 POOL, MAINTENANCE --- CODE CODE -- CODE 4125 PROPERTY MAINTENANCE CODE CODE CODE 4126 RECYCLABLES CODE CODE__ _._ _.. CODE 4127 ROADSIDE SALES ILLEGAL CODE CODE CODE 4128 SHOPPING CARTS CODE CODE CODE 4129 SIGNS/BANNERS CODE CODE Page 3 17:43 01/07/2013 CODE4130 CODE__ 4131 CODE 4132 CODE4133 CODE 4134 CODE 4135 CODE 4136 CODE 4137 CODE 4138 CODE 4139 CODE 4140 CODE 4141 PW 4240 PW 4241 PW _... 4242 PW 4243 PW 4244 PW 4245 PW 4300 PW 4301 BLDG 4567 PW 5140 Inspection Items Table 17:43 01/07/2013 TRASH COLLECTION _.. TRASH CONTAINERS. TRASH/DEBRIS --- VECTOR VEHICLE PARKING - UNIMPROVED VEHICLE PARKING - 72 HOURS VEHICLE PARKING - TRUCK/COMM --- -. VEHICLE PARKING - OTHER WEEDS - RESIDENCE... _.. WEEDS - LOTS ZONING CONFORMANCE CODE STAFF TIME TRAFFIC CONTROL STRIPING -- SIGNAGE SIGNAL FOUNDATION SIGNAL CONDUIT PC GRADING PC STREET 1140 1260 13.90 1550 1700 FINAL MEETING - -- PW 5145 PRE CON PW 5191 ADMINISTRATIVE TIME _- PW ._._ 5192 ._-SOR PW 5200 COMPACTION _-- PW 5201 SUBGRADE PW 5202 BASEGRADE PW 5203 ' PAVING PW 5204 CURB & GUTTER _-_-- PW 5205 CURB GRADE PW 5206 X -GUTTER & SPANDRALS PW 5207 SIDEWALK GRADE & FORM -- PW _-- 5208 R&R PRE CAP PW 5209 PAVING - BASE - _- PW 5210 PAVING - CAP PW 5211 REMOVE & REPLACE - __-- PW 5212 MEDIAN PW 5220 WATER PW __-- 5221 SEWER PW 5222 GAS _-- PW 5223 JOINT TRENCH - JOINT - PW 5230 SD - PIPE/CIPP __-- -- PW ---- 5231 SD - JUNCTION STRUCT PW 5232 SD - CATCH BASIN PW ,5233 SD LOCAL DEPRESSION PW 5234 SD - UNDER SW DRAIN/CURBCORE PW 5235 BROW DITCHES PW 5236 MINOR STRUCTURES PW 5237 MAJOR STRUCTURES _.. 5250 EROSION CONTROL PW 5251 MASS GRADING PW 5252 PRECISE GRADING PW 5253 COMMERCIAL DNV PW 5254 RESIDENTIAL DNV PW 5281 90% BOND REDUCTION PW 5282 MONUMENTATION PW 5283 10% MAINT BOND RED PW 5284 PRE BOND R&R PW 5285 TEMPORARY POWER PW 5286 TEMPORARY GAS - _-- PW 5300 UTILITY PERMIT PW 5301 ENCROACHMENT/CONST PERMIT PW PW BLDG BLDG 5351 5352 6110 6120 BLDG PERMIT CLEARANCE OCCUPANCY RELEASE BLDG - PUBLIC ASSISTANCE BLDG ADMIN. PERMIT RELATED CODE CODE CODE CODE CODE CODE CODE _--- CODE CODE CODE CODE CODE CODE CODE CODE CODE CODE CODE1 PW PW _.. PW PW PW _... PW PW PW B bldg PWORKS PW PWORKS PW PWORKS _L PW PW _. PW PW PW PW PW PW PW CODE CODE CODE CODE CODE CODE PWORKS PWORKS PWORKS PWORKS PWORKS PWORKS PWORKS PWORKS COMDEV PWORKS PWORKS PWORKS kPWORKS PWORKS PWORKS PWORKS PWORKS PWORKS PWORKS PWORKS PW PW PW PW PWORKS _.. PW PWORKS PW PWORKS PW PWORKS PW PWORKS PW PWORKS PW PWORKS _.. _PW PWORKS PW PWORKS PW PWORKS PW PWORKS PW PWORKS PW PWORKS PW PWORKS_ PW PWORKS PW PWORKS PW PWORKS PW PWORKS PW PWORKS PW PWORKS PWORKS PWORKS PWORKS PWORKS PWORKS PWORKS PWORKS PWORKS PWORKS COMDEV COMDEV Page 4 B B PW PW PW PW PW PW PW PW PW PW bldg bldg Inspection Items Table 17:43 01/07/2013 BLDG 6140 BLDG - MEETINGS BLDG 6145 BLDG -CONSTRUCTION MEETING BLDG 6160 BLDG- SPECIAL PROJECTS BLDG 6161 NO PERMIT INSPECTION BLDG 6170 BLDG SIERRA SYSTEM BLDG 6190 BLDG - TRAINING! SEMINAR BLDG 6191 BLDG ADMINISTRATIVE BLDG 16192 BLDG - PLAN CHECK- ADMIN. PW 1 6200 CIP CODES- FINAL ENGINEERING PW 6300 CIP CODES - CONST REVIEW/INSP PW 16400 CIP CODES - CONTRACT ADMIN PW 6500 CIP CODES - HOLIDAY PW 6600 CIP CODES - CAL TIME _- PW 6700 CIP CODES - TRAINING PW 6800 CIP CODES - MEETINGS/MISC. __-- BLDG 7200 PC SHELL <10K 1ST REVIEW BLDG 7201 PC SHELL <10K RESUB BLDG 7202 PC SHELL 10-25K 1ST REVIEW BLDG 7203 PC SHELL 10-25K RESUB BLDG 7204 PC SHELL 25-50K 1ST REVIEW BLDG 7205 PC SHELL 25-50K RESUB BLDG 7206 PC SHELL 50-100K 1ST REVIEW BLDG 7207 PC SHELL 50--100K RESUB BLDG 7208_ PC SHELL>100K 1ST REVIEW BLDG 7209 PC SHELL >100K RESUB BLDG 7210 PC NCOM <10K 1ST REVIEW ............_____. BLDG BLDG BLDG BLDG BLDG BLDG BLDG BLDG BLDG 7219 BLDG 1 7220 BLDG 7221 BLDG 1 7222 BLDG_-- 7223 BLDG 7224 BLDG 7225 BLDG 7226 BLDG 7227 BLDG 7228 BLDG 7229 BLDG 7231 _................. _ BLDG -72322 BLDG 17233 **** 7234 BLDG 7235 BLDG 7236 7237 7238 7211 PC NCOM <10K RESUB 7212 PC NCOM 10-25K 1ST REVIEW 7213 PC NCOM 10-251K RESUB 7214 PC NCOM 25-50K 1ST REVIEW 7215 PC NCOM 25-50K RESUB 7216 PC NCOM 50-100K 1ST REVIEW 7217 PC NCOM 50-100K RESUB 7218 PC NCOM >100K 1ST REVIEW PC NCOM>100K RESUB PC TA. <2000 1ST REVIEW PC T.I. <2000 RESUB PC T.I. 2000-5000 1ST REVIEW PC T.1.2000-5000 RESUB PC T.I. 5K -10K 1ST REVIEW PC T.I. 5K -10K RESUB PC TA. 10K 20K 1ST REVIEW PCT T.I. 10K 20K RESUB PC T.I. >20K 1ST REVIEW PC T I >20K RESUB PC Single Fam Addition / Alt MULTI DWELLING UNITS PC MISC. RE -INSPECTION BUILDING FINAL RE -INSPECTION -C OF 0 -FIRE PC SOLAR 1st REVIEW _.._ _.... PC SOLAR RESUBMITTALS BUILDING PLANS APPROVED BLDG 7271 UG WATER APPROVED BLDG 7272 TEMP WATER OK -- BLDG 7273 - TEMP ACCESS OK BLDG 7274 OVERHEAD HYDRO APPROVED BLDG 7275 ROUGH WIRE APPROVED BLDG 7276 FUNCTION APPROVED BLDG 7277 DIGITAL SITE PLAN RECEIVED BLDG _ 1 7278 DIGITAL FLOOR PLAN RECEIVED BLDG 7279 FIRE LANES APPROVED BLDG 7280 UG WATER FINAL BLDG 7281 SPRINKLER FINAL BLDG 7282 ALARM FINAL -- BLDG 7283 FEES PAID BLDG ,7284 PAS TO APPROVED BLDG 7285 INSPECTION BUILDING FINAL COMDEV B bldg COMDEV B bldg COMDEV B bldg bldg COMDEV B bldg COMDEV B bld COMDEV B bldg COMDEV B bldg PWORKS PW PWORKS PW PWORKS PW PWORKS PW PWORKS PW PWORKS --- PW PWORKS PW FIRE fire FIRE fire FIRE fire FIRE fire FIRE ___-- fire FIRE fire FIRE fire FIRE fire FIRE fire FIRE fire FIRE fire FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE LFIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE ....._.._____ FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE Page 5 fire fire fire ---- fire fire fire fire fire fire fire fire fire fire fire fire _-- fire fire fire fire fire fire fire fire fire fire fire fire _._. fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire Inspection Items Table 17:43 01/07/2013 BLDG 7286 COMPLETED FILE REVIEW FIRE BLDG 7287 OTHER PERMITS FINAL FIRE BLDG 7288 COND OF APPROVAL MET LFIRE BLDG 7289 INSPECTION - C OF O - FIRE FIRE BLDG 7290 OK TO ISSUE FIRE **** 7291 BLANKFIRE BLDG 7292 OK FOR COMBUSTIBLES FIRE BLDG 7293 OK TO COVER CEILING FIRE BLDG 7294 OK FOR POWER FIRE F BLDG 7295 OK TO COVER WALLS __- FIRE BLDG 7296 OK FOR GAS _ FIRE BLDG 7297 OK TO FIXTURE / STOCK FIRE BLDG 7298 BUILDING FINAL CLEARANCE FIRE BLDG 7299 C OF 0 CLEARANCE FIRE BLDG 7301 FILE HISTORY REVIEW FIRE BLDG 7302 CUSTOMER PHONE CALLS FIRE __._.... BLDG 7303 CODE RESEARCH FIRE BLDG 7304 CUSTOMER MEETINGS FIRE __. TIME .......... _____...... FIRE 7305 DRIVING IMFIRE FILING 7306 __. _........._ _... FIRE FIRE FIRE E 7307 DATA ENTRY FIRE FIRE 7308FLOW TEST -- FIRE PW 7309 FIRE PW PC 1st REVIEW FIRE PLAN 7310 FIRE PC PLANNING 1st REVIEW FIRE FIRE 7311 PC UG SPRK SUPPLY 1ST REVIEW FIRE FIRE 7312 PC UG SPRK SUPPLY RESUB FIRE FIRE 7313 PC UG HYDRANT 1ST REVIEW FIRE FIRE 7314 PC UG HYDRANT RESUB FIRE FIRE 7315 PC UG COMBO SYS 1ST REVIEW I FIRE FIRE 7316 PC UG COMBO SYS RESUB --- FIRE FIRE 7317 PC UGWTR REPAIR/REV 1ST REVIE FIRE FIRE 7318 PC UG WTR REPAIR/REV RESUB FIRE ____... PW FIRE FIRE PW PC RESUBMITTAL FIRE PLAN 7320 FIRE PC PLANNING RESUBMITTAL FIRE FIRE 7331 THRUST BLOCK UG SPRK INSP FIRE FIRE 7332 THRUST BLOCK UG SPRK REINSP FIRE FIRE 7333 THRUST BLOCK UG HYDRANT INSP FIRE FIRE 7334 THRUST BLOCK UG HYDRANT FIRE REINSP FIRE 7335 THRUST BLOCK UG COMBO INSP FIRE FIRE 7336 THRUST BLOCK UG COMBO FIRE REINSP FIRE 7337 THRUST BLOCK UG REPAIR INSP FIRE 7338 THRUST BLOCK UG REPAIR REINSP FIRE 7341 ROUGH PIPING UG SPRK INSP FIRE FIRE 7342 ROUGH PIPING UG SPRK REINSP FIRE _I.. FIRE 7343 ROUGH PIPING UG HYDRANT SYS FIRE IN FIRE 7344 ROUGH PIPING UG HYDRANT SYS R FIRE FIRE 7345 ROUGH PIPING UG COMBO SYS FIRE INSP FIRE 7346 ROUGH PIPING UG COMBO SYS FIRE REI fire fire fire fire fire fire _...__.. fire fire fire fire fire _..._.. fire fire __..._._. fire fire _.._. fire fire fire _.._. fire fire fire fire fire fire _.. fire fire fire fire fire _....... fire fire fire fire fire _. _.... fire _._.. fire fire fire fire fire FIRE fire FIRE fire FIRE 7347 ROUGH PIPING UG REPAIR INSP FIRE FIRE 7348 ROUGH PIPING UG REPAIR REINSP FIRE FIRE 7351 HYDRO UG SPRK INSP FIRE FIRE 7352 HYDRO UG SPRK REINSP FIRE FIRE 7353 HYDRO UG HYDRANT INSP FIRE FIRE 7354 HYDRO UG HYDRANT REINSP FIRE FIRE 7355 HYDRO UG COMBO INSP FIRE FIRE 7356 HYDRO UG COMBO REINSP FIRE FIRE 7357 HYDRO UG REPAIR INSP FIRE FIRE 7358 HYDRO UG REPAIR REINSP FIRE 7361 FLUSH UG SPRK INSP FIRE 7362 FLUSH UG SPRK REINSP __.. ____... FIRE 7363 FLUSH UG HYDRANT INSP FIRE FLUSH ..__ ___ _.... 7364 FUG HYDRANT REINSP FIRE 7365 FLUSH UG COMBO INSP fire fire fire fire fire ire fire fire fire fire fire fire fire fire fire fire FIRE fire FIRE 1 fire FIRE fire FIRE fire FIRE fire Page 6 FIRE 7366 FIRE 7367367 FIRE 7368 FIRE 7381 Inspection Items Table 17:43 01/07/2013 FLUSH UG COMBO REINSP FIRE fire 1 fire fire FLUSH UG REPAIR INSP _ FLUSH UG REPAIR REINSP CLEARANCES AND ITEMS TO BE REC RECEIVED AS BUILTS FIRE FIRE FIRE FIRE fire FIRE 7382 fire FIRE 7383 APPROVED ULTRA SOUND FIRE --- fire FIRE 7391 RECEIVED PLANS -__-- FIRE --- fire _- _... FIRE 7392 APPROVED PLANS ----- FIRE fire FIRE 7393 APPROVED THRUST BLOCKS FIRE ___-- fire FIRE 7394 APPROVED ROUGH PIPING INSP FIRE fire FIRE 7395 APPROVED ROUGH HYDRO INSP FIRE fire FIRE 7396 VERIFIED UG FLUSH FIRE fire FIRE 7397 UG FINAL INSPECTION FIRE I fire FREVIEW _.. FIRE 7398 APPROVED FILE R FIRE __-- fire FIRE 1 7399 APPROVED FINAL _-- _-- FIRE --- fire ARE 7401 PC SPRKLR 1-100 1st Review ----- FIRE_ --- fire FIRE 7402 PC SPRKLR 1-100 Resub FIRE I fire FIRE _-- 7403 PC SPRKLR 101-300 1st Review FIRE -----j-_fire 7404 PC SPRKLR 101-300 Resub FIRE ---- fire 7405 PC SPRKLR 301-700 1st Review FIRE fire 7406 PC SPRKLR 301-700 Resub FIRE fire 7407 PC SPRKLR 700+ 1st Review FIRE --_-- fire esu_ _.. 7408 PC SPRKLR 700+ Resub FIRE fire 7411 PC TI SPRKLR 1-10 1st Revie FIRE --- fire 7412 PC TI SPRKLR 1-10 Resub FIRE fire 7413 PC TI SPRKLR 11-50 1st Review FIRE fire FIRE 7414 PC TI SPRKLR 11-50 Resub FIRE 51 ', --- fire - - -- FIRE 7415 PC TI SPRKLR 51-100 0 1st Re FIRE ---- I ---_ fire ---- FIRE 7416 PC TI SPRKLR 51-100 Resub FIRE � fire FIRE 7417 PC TI SPRKLR 101+ 1st Review FIRE fire FIRE 7418 PC TI SPRKLR 101+ Resub --_-- FIRE fire FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE 7421 WELD SPRKLR 1-100 INSP FIRE fire FIRE 7422 WELD SPRKLR 1-100 Reinsp FIRE --- fire FIRE 7423 WELD SPRKLR 101-300 INSP FIRE __--_-_ fire --- FIRE7424 WELD SPRKLR 101-300 Reinsp_ FIRE --_ _ -- fire -- FIRE 7425 WELD SPRKLR 301-700 INSP FIREfire F FIRE 7426 WELD SPRKLR 301 700 Reinsp FIRE � fire FIRE 7427 WELD SPRKLR 700+ INSP FIRE _._ I fire FIRE 7428 WELD SPRKLR 700+ Reinsp FIRE fire -__-- FIRE _ J 7431 WELD TI SPRKLR 1-10 INSP FIRE fire FIRE 7432 WELD 11 SPRKLR 1-10 Reinsp FIRE ___-- fire FIRE 7433 WELD TI SPRKLR 11-50 INSP FIRE fire FIRE 7434 WELD TI SPRKLR 11-50 Reinsp FIRE fire FIRE 7435 WELD TI SPRKLR 51-100 INSP FIRE fire FIRE 7436 WELD TI SPRKLR 51-100 Reinsp FIRE fire ---- FIRE 7437 WELD TI SPRKLR 101+ INSP FIRE fire ------ FIRE 7438 WELD TI SPRKLR 101+ Reinsp FIRE fire - -- FIRE 7441 HYDRO SPRKLR 1-100 INSP FIRE { fire FIRE_ 7442 HYDRO SPRKLR 1-100 Reinsp ARE fire FIRE 7443 HYDRO SPRKLR 101-300 INSP FIRE ifire FIRE 7444 HYDRO SPRKLR 101-300 Reinsp FIRE ---- I fire _ FIRE 7445 HYDRO SPRKLR 301-700 INSP FIRE _-- fire FIRE 7446 HYDRO SPRKLR 301-700 Reinsp FIRE fire -- FIRE 7447 HYDRO SPRKLR 701+ INSP FIRE _--- fire ----- FIRE 7448 HYDRO SPRKLR 701+ Reinsp FIRE --- fire --,-- FIRE 7451 HYDRO TI SPRKLR 1-10INSP FIRE fire -- FIRE 7452 __.L HYDRO 11 SPRKLR 1-10 Reinsp FIRE --- fire FIRE 7453 HYDRO TI SPRKLR 11-50 INSP FIRE fire FIRE 7454 HYDRO TI SPRKLR 11-50 Reinsp FIRE 1 fire FIRE 7455 HYDRO TI SPRKLR 51-100 INSP FIRE --- fire FIRE 7456 HYDRO TI SPRKLR 51-100 Reinsp FIRE fire ---- FIRE 7457 HYDRO 11 SPRKLR 101+ INSP FIRE --- --- fire FIRE 7458 HYDRO TI SPRKLR 101+ Reinsp ---_ FIRE fire FIRE 7461 RESIDENTIAL SPKLR 1ST Review 1FIRE fire FIRE 7462 RESIDENTIAL SPKLR Resub FIRE _-- fire FIRE 7463 RESIDENTIAL SPKLR HYDRO Insp FIRE- -- fire__ FIRE 7464 RESIDENTIAL SPKLR HYDRO Relnsp FIRE fire _ FIRE 7465 RESIDENTIAL SPKLR FINAL Insp FIRE j fire --- Page 7 Inspection Items Table FIRE 7466 RESIDENTIAL SPKLR FINAL Relnsp FIRE fire FIRE 7471 FINAL SPRKLR 1-100 INSP FIRE fire FIRE _7472 FINAL SPRKLR 1-100 ReinspFIRE fire FIRE 7473 FINAL SPRKLR 101-300 INSP FIRE fire FIRE 7474 FINAL SPRKLR 101-300 Reinsp FIRE fire FIRE 7475 FINAL SPRKLR 301-700 INSP FIRE fire FIRE 7476 FINAL SPRKLR 301-700 Reinsp FIRE fire FIRE 7477 FINAL SPRKLR 701+ INSP FIRE fire FIRE 7478 FINAL SPRKLR 701+ Reinsp FIRE fire FIRE r 7481 7 FINAL TI SPRKLR 1-10 INSP FIRE fire FIRE 7482 FINAL TI SPRKLR 1-10 Reinsp FIRE FIRE 7483 11-50FIRE fire FIRE FIRE fire 7484 FINAL TI SPRKLR 11-50 Reinsp fire FIRE 7485 FINAL TI SPRKLR 51-100 INSP FIRE fire FIRE 7486 FINAL TI SPRKLR 51-100 Reinsp FIRE - fire FIRE 7487 FINAL TI SPRKLR 101+ INSP FIRE FIRE FIRE 7488 FINAL TI SPRKLR 101+ Reinsp FIRE fire 7490 Received Plans FIRE fire FIRE 7491 A..roved Plans FIRE 7492 A. •roved Weld FIRE fire FIRE FIRE FIRE fire 7493 Approved Hydro Inspection fire FIRE 7494 Approved Final Inspection FIRE fire FIRE 7495 Received As Built Plans FIRE fire FIRE 7496 Fees Paid FIRE fire FIRE 7497 COMPLETED all PA to A status FIRE fire FIRE 7498 Approved File Review FIRE fire FIRE FIRE 7499 APPROVED FINAL fire FIRE 7501 PC ALARM 1-10 1st Review FIRE FIRE fi firere 7502 PC ALARM 1-10 Resub FIRE FIREFIRE 7503 PC ALARM 11-50 1st Review FIRE FIRE fire 7504 PC ALARM 11-50 Resub fire FIRE 7505 PC ALARM 51-100 1st Review FIRE fire FIRE 7506 PC ALARM 51-100 Resub FIRE FIRE 7507 PC ALARM 101+ 1st Review FIRE firefire FIRE FIRE 7508 PC ALARM 101+ Resub 7511 PC TI ALARM 1-10 1st Review FIRE FIRE fire FIRE FIRE 7512 PC TI ALARM 1-10 Resub FIRE fire 7513 PC TI ALARM 11-50 1st Review FIRE fire FIRE 7514 PC TI ALARM 11-50 Resub FIRE fire FIRE 7515 PC TI ALARM 51-100 1st Review FIRE fire FIRE 7516 PC TI ALARM 51-100 Resub FIRE fire FIRE 7517 PC TI ALARM 101+ 1st Review FIRE fire FIRE PC TI ALARM 101+ Resub FIRE FIRE FIRE 7521 ROUGH ALARM 1-10 INS!' fire FIRE 7522 ROUGH ALARM 1-10 Reinsp FIRE FIRE FIRE fire 7523 ROUGH ALARM 11-50 INSP fire FIRE 7524 ROUGH ALARM 11-50 Reinsp FIRE fire FIRE 7525 ROUGH ALARM 51-100 INSP FIRE fire FIRE 7526 ROUGH ALARM 51-100 Reinsp FIRE fire FIRE 7527 ROUGH ALARM 101+ INSP FIRE d fire FIRE 7528 ROUGH ALARM 101+ Reinsp FIRE fire FIRE 7531 ROUGH TI ALARM 1-10 INSP FIRE fire FIRE 7532 ROUGH TI ALARM 1-10 Reinsp FIRE fire FIRE FIRE 7533 ROUGH TI ALARM 11-50 INSP FIRE fire _1 7534 ROUGH TI ALARM 11-50 Reinsp FIRE FIRE 7535 ROUGH TI ALARM 51-100 INSP FIRE fire FIRE 7536 ROUGH TI ALARM 51-100 Reinsp FIRE tire FIRE 7537 ROUGH TI ALARM 101+ INSP FIRE FIREFIRE fire 7538 ROUGH TI ALARM 101+ Reinspfire FIRE 7541 FUNCTION ALARM 1-10 INSP FIRE fire FIRE 7542 FUNCTION ALARM 1-10 Reinsk FIRE fire_ .. ............ FIRE 7543 FUNCTION ALARM 11-50 INSP FIRE fire FIRE 7544 FUNCTION ALARM 11 50 Reinsp.... FIRE fire FIRE 7545 FUNCTION ALARM 51 100 INSP FIRE fire FIRE 7546 FUNCTION ALARM 51-100 Reinsp FIRE fire FIRE 7547 FUNCTION ALARM 101+ INSP FIRE fire __ ..... FIRE 7548 FUNCTION ALARM 101+ Reinsp FIRE fire FIRE FIRE 7551 FUNCTION TI ALARM 1-10 INSP fire FIRE 7552 [FUNCTION TI ALARM 1-10 Reinsp FIRE fire Page 8 17:43 01/07/2013 Inspection Items Table 17:43 01/07/2013 FIRE 7553 FUNCTION TI ALARM 11-50INSP FIRE i fire --- FIRE 7554 FUNCTION TI ALARM 11-50 Reinsp FIRE , _--- fire FIRE 7555 FUNCTION TI ALARM 51-100 INSP FIRE 1 - fire --- FIRE I 7556 FUNCTION TI ALARM 51100 Reins FIRE --- j --- _fire FIRE 7557 FUNCTION TI ALARM 101+ INSP FIRE ' _--- fire 1 _... FIRE 7558 FUNCTION TI ALARM 01+ Reinsp __. FIRE fire ---- FIRE 7561 VERIFIED Aux Tie In FIRE fire --- FIRE 7562 START BATTERY 1 FIRE fire FIRE 7563 RING OUT BATTERY - INSP fire -- FIRE 7564 RING OUT BATTERY - REINSPECT __-- fire --- FIRE 7565 REC/ACCEPT As Built --- __-- fire FIRE7566 RECEIVED UL Cert __-- ---- --_ fire FIRE 7571 FINAL ALARM 1-10 INSP FIRE fire ------- FIRE 7572 FINAL ALARM 1-10 Reinsp -- FIRE fire - FIRE 7573 FINAL ALARM 11-50 INSP FIRE fire FIRE 7574 FINAL ALARM 11-50 Reinsp _-- FIRE _-- fire FIRE 7575 FINAL ALARM 51-100 INSP FIRE fire ..._ _... __.. FIRE 7576 FINAL ALARM 51 100 Reinsp __. FIRE fire FIRE --- 7577 FINAL ALARM 101+ INSP FIRE fire - -- ..._—__. FIRE 7578 FINAL ALARM 101+ Reinsp FIRE --- fire --- FIRE 7581 FINAL TI ALARM 1-10 INSP FIRE fire ._. FIREFINAL TI AL ..___ 7582 ARM 1-10 Reinsp FIRE fire FIRE 7583--- _.. FINAL TI ALARM 11-501NSP FIRE fire FIRE 7584 FINAL TI ALARM 11-50 Reinsp FIRE fire FIRE 7585 FINAL TI ALARM 51-100 INSP FIRE __-- fire FIRE 7586 FINAL TI ALARM 51 100 Remsp FIRE fire ---- FIRE 7587 FINAL TI ALARM 101+ INSP FIRE fire FIRE 7588 FINAL TI ALARM 101+ Reinsp FIRE _-_-- fire FIRE 7590 RECEIVED Plans FIRE --- fire FIRE 7591 APPROVED Plans FIRE i ----- fire ---- FIRE 7592 APPROVEDRough FIRE -_- fire FIRE 7593 APPROVED Function Insp FIRE fire FIRE 7594 APPROVED Final Insp FIRE _ fire FIRE 7595 RECEIVED As Built Plans FIRE fire -- FIRE ---- 7596Fees Paid _ -- FIRE fire .........__.. ............. FIRE 7597 COMPLETED all PA to A status FIRE fire FIRE 7598 APPROVED File Review FIRE fire FIRE 7599 APPROVED FINAL _-- FIRE fire FIRE 7611 PC HOOD AND DUCT 1st Review FIRE fire FIRE 7612 PC HOOD AND DUCT Resub FIRE j fire FIRE 7613 ROUGH HOOD AND DUCT INSP FIRE fire FIRE 7614 ROUGH HOOD AND DUCT ReinspFIRE --__ _-- fire --_ FIRE 7615 FUNCTION HOOD AND DUCT INSP FIRE --_ fire _-- FIRE 7616 FUNCTION HOOD AND DUCT Reinsp FIRE _-- fire --- FIRE __. 7617 FINAL HOOD AND DUCTINSP FIRE _-- fire 7618 FINAL HOOD AND DUCT Reinsp FIRE fire 7621 PC SPRAY BOOTH 1st Review _--- FIRE fire 7622 PC SPRAY BOOTH Resub FIRE fire - ---- _ 7623 FINAL SPRAY BOOTH INSP I FIRE fire --- 7624 FINAL SPRAY BOOTH Reinsp FIRE --- fire 7625 DO NOT USE FIRE fire --- - 7631 PC UG TANK REMOVAL 1st Review FIRE --- fire 7632 P NK REMOVAL Resub FIRE fire 7633 FINAL UG T -NK REMOVAL INSP FIRE ! fire 7634 FINAL UG TANK REMOVAL Reinsp FIRE fire -- 7635 DO NOT USE FIRE --- fire _-- 7639 DO NOT USE FIRE fire 7641 PC UG TANK INSTALL 1st Review FIRE fire - - 7642 PC UG TANK INSTALL Resub FIRE __-- fire 7643 ROUGH UG TANK INSP FIRE -_-_ fire 7644 HYDRO UG TANK INSP FIRE fire - ---- 7645 ROUGH UG TANK PIPING INSP FIRE fire 7646 HYDRO UG TANK PIPING INSP FIRE ( fire 7647 FINAL UG TANK INSTALL INSP FIRE fire 7648 DO NOT USE FIRE fire .----... 7649 DO NOT USE FIRE fire __ FIRE 7650 MISC INSP FIRE fire FIRE _._ 7651 MISC REINSP FIRE fire FIRE 7652 ROUGH UG TANK REINSP _-_-- FIRE ---- fire FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE LFIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE Page 9 FIRE 7653 HYDRO UG TANK REINSP ARE 7654 FIRE PUMP 1ST REVIEW FIRE 7655 FIRE PUMP RESUB ARE 7656 FIRE PUMPINSP -- _... _ _._..... ARE 7657 FIRE PUMP REINSPECT ARE 7658 FOAM/LIQ 1ST REVIEW _ - R FIRE 7659 FOAM/LIQ RESUB FIRE 7660 FOAM/LIQ INSP FIRE FIRE 7661 FOAM/LIQ REINSP FIRE _._.. FIRE 7662 DRY CHEM 1ST REVIEW FIRE FIRE 7663 DRY CHEM RESUB FIRE FIRE 7664 DRY CHEM INSP FIRE FIRE 7665 DRY CHEM REINSP FIRE FIRE 7666 CO21ST REVIEW FIRE FIRE 7667 CO2 RESUB FIRE FIRE 7668 CO2 INSP FIRE ..__. ..._ __.. FIRE 7669 CO2 REINSP FIRE FIRE 7670 INERT GAS 1ST REVIEW FIRE FIRE 7671 INERT GAS RESUB FIRE FIRE 7672 INERT GAS INSP - __..... FIRE 7673 INERT GAS REINSP FIRE FIRE 7674 MEDICAL GAS 1ST REVIEW FIRE FIRE 7675 MEDICAL GAS RESUB FIRE FIRE 7676 MEDICAL GAS INSP FIRE FIRE 7677 MEDICAL GAS REINSP FIRE ....... _..... FIRE 7678 AST 1ST REVIEW --- FIRE FIRE 7679 AST RESUB FIRE FIRE 7680 AST INSP FIRE FIRE 7681 AST REINSP FIRE FIRE 7682 HAZMAT 1ST REVIEW FIRE FIRE 7683 HAZMAT RESUB FIRE FIRE 7684 HAZMAT INSP FIRE --__... FIRE 7685 HAZMAT REINSP FIRE FIRE 7686 HPS ISTT REVIEW _-- FIRE _.. _._. _.. FIRE 7687 HPS RESUB FIRE FIRE 7688 HPS INSP FIRE FIRE __-- 7689 HPS REINSP ARE FIRE 7690 TECHNICAL REPORT 1ST REVIEW FIRE FIRE 7691 TECHNICAL REPORT RESUB FIRE PLAN 7700 DRC meeting FIRE FIRE 7701 HOT WORKS 1ST REVIEW FIRE FIRE 7702 HOT WORKS RESUB FIRE FIRE 7703 HOT WORK INSP FIRE FIRE 7704 HOT WORKS REINSP FIRE PLAN 7705 PreDRC Meeting FIRE **°*_.__ 7710 Training Time FIRE_-- .._.._ __.. _. _ _... **'* 7715 Time Accounting FIRE FIRE 7800 Compliance Card Received FIRE FIRE 7805 Fire Annual Admin.Time _-- FIRE FIRE 7810 Fire Annual Inspection- Misc. FIRE AFIRE 7815 Fire Annual Inspection Major FIRE FIRE 7820 Fire Annual Re Inspect Major FIRE FIRE 7825 Fire Annual Inspection - Minor FIRE FIRE 7830 Fire Annual Re Inspect -Minor FIRE ***' 7900 ARE PRE -CONN MEETING FIRE FIRE 7995 FIRE SAFETY INSPECTION ARE FIRE 7996 FIRE SAFETY RE -INSPECTION FIRE FIRE 7997 State Licensing Insp FIRE FIRE 7998 State Licensing Relnsp -_-- _ FIRE FIRE 7999 FIRE ADMINISTRATION TIME FIRE MISC 8000 BUSINESS LICENSE SITE VISIT BUSLIC `**` 8100 TCSD landscape Insp PWORKS Inspection Items Table 17:43 01/07/2013 FIRE fire FIRE fire FIRE fire FIRE fire FIRE fire FIRE fire FIRE fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire fire PW 8110 TCSD-PLAN CHECK PWORKS PW 8910 1220 1060 1060 GAS DRY Y LATH COMDEV CODE 9000 NOTICE OF VIOLATION CODE CODE 9100 CITATIONS --- CODE CODE 9200 CORRESPONDENCE CODE CODE 9300 -FIELD INSPECTIONS _ CODE CODE 9400 FOLLOW-UP I CODE Page 10 fire fire _.. fire fire _.._.. fire fire -- fire fire _... fire fire fire fire fire fire bldg PW PW bldg CODE untyped untyped untyped _.. untyped ._... Inspection Items Table 17:43 01/07/2013 9900 ]„TIME ACCOUNTING INFOSYSI untyped.....__] Total Rows: 666 Page 11 SOW Attachment A Work Acceptance Form Client Sign Off Client: Dates: Reason for Visit: a 1M 0 • i. • tyler •• technonogies Empowering people who serve the publle (This form is used to both record resources consumed during the project and work accomplished toward requirements.) Accomplishments Performed By Notes If Payment associated with this Work: Payment Invoice amount due as a result of the work accomplished and listed above. Amount Due: $ 0.00 ❑ 1 am satisfied with the work performed during this stage and approve the payment listed above. n 1 am NOT satisfied with the work performed during this stage and DO NOT approve the payment listed above. (Note: the project cannot continue to next phase until this work is completed satisfactorily. Please list specific reasons for nonpayment on the following page). Print Name: Signature: Date: ©2013 Tyler Technologies. All Rights Reserved. Property of Tyler Technologies Implementation Services March 12, 2013 1 1 Page SOW Attachment A Work Acceptance Form Reasons for non Use this sheet only if you do not approve consent to the payment listed above. Be ll ••• .. tyler • . • technonogies Empowering people who serve the publle payment of the work performed by the project consultant, and/or do not as specific as possible. Reason <List Reasons Here> Expected Outcome Department / Name Print Name: Signature: Date: Property of Tyler Technologies Implementation Services March 12, 2013 ©2013 Tyler Technologies. All Rights Reserved. 2 1 Page SOW Attachment B Change Order Request Client: Generated By: Authorized By: Change Overview: • %.•As•r� .t I • technologies Em powering people Me serve the publle Date: Narrative Description of Change: Impact of Change: Schedule Impact: Cost Impact: Revision No.: Delay of milestone & sub -tasks on Tyler Technologies Implementation Project Plan including: Task Proposed Date Changes Change Detail Credit Debit Total No changes may be made to this project without the agreement of the Project Manager(s), and must be approved by the Project Director. Submit endorsed Change Order to the Tyler Technology Project Manager Date Approved Comments Approved By Signature Property of Tyler Technologies Implementation Services March 12, 2013 ©2013 Tyler Technologies. All Rights Reserved. 1 1 Page Network Diagram —Typical Enterprise Environment SOW Attachment C (The following is ageneral recommendation of a typical EnerGov environment. Recommendations may change from time to time and may not apply to any individual configuration. EnerGov and Customer should work together to determine optimum environment based on the needs of the agency.) 11 Tablet /*ad 4 Field Users t NR CAP Citizen Access Firewall Web Server EnaGov C Iruen Access and Extern Service Access Network Environment GIS Environment (Enterprise) • ArcGIS ArcGIS Server Database Firewall Database Server 1 Appllaticn Server File Server J EnerGov Data Source Electronic D OCUTerr Storage Environment IEnterprisd E nerGov User on Office) *mew asgialmits IIran11r. us 107\ INOMNINNEImalottanst onArenieN Emil Sever iEnterpAsel Server -Side - Hardware and Software Recommendations (The following hardware is a general recommendation of a typical EnerGov environment. Recommendations may change from time to time and may not apply to any individual configuration. EnerGov and Customer should worktogetherto determine optimum configuration.) EnerGov Database Server The EnerGov Database Server houses the RDBMS environment (SQL Server) where the EnerGov database will be stored and managed. • 1x Quad Core Xeon Processor w/2.2 GHz or higher • 16GB 1066 MHz Quad Ranked RDIMM5 • 75GB 15K RPM • NOTE: The EnerGov database footprint may range between 5 and 256B depending on the volume of imported data and project transaction volume over a 3 year period with appropriate DB maintenance. The remaining space isjust recommended for OS and other server level applications. • Microsoft Windows Server 2008 R2 Standard & IIS 7.5 • SQL Server 2008 R2 Standard • A Dedicated RDBMS Server is not required • Virtualized Deployments are Supported EnerGov Application Server (Recommend Load Balancing) The EnerGov Application Server will host the in-house accessible EnerGov system as well as the Business 0 bjects for the externally accessible systems from EnerGov Web Server. • 1x Quad Core Xeon Processor w/2.2 GHz or higher • 16GB 1066 MHz Quad Ranked RDIMMs • 75GB 15K RPM • NOTE: The EnerGov application's footprint is only-500MB. The remaining space isjust recommended for O5 and other server level applications. • Microsoft Windows Server 2008 R2 Standard • The Application Server is where the vast majority of the EnerGov application's resource demands will be shouldered. • Virtualized Deployments are Supported • EnerGov authentication to Active Directory for security EnerGov Web Server The EnerGov Web Server will host all the externally accessible EnerGov systems such as Citizen Access Portal (CAP) EnerGov IVR, eReview Portal and Mobile Web Services. In instances where the client has users who need full access to the EnerGov system, another instance of it will be hosted and accessible on this box. • 1x Quad Core Xeon Processor w/2.2 GHz or higher • 4GB 1066 MHz Quad Ranked RDIMMs • NOTE: Would recommend SGB if deploying EnerGov's iG Workforce applications for Inspections, Plan Review and Code Enforcement • 75GB 15K RPM • Microsoft Windows Server 2008 R2 Standard & IIS 7.5 • Virtualized Deployments are Supported • NOTE: The EnerGov public facing application footprints make up only 500MB. The remaining space is just recommended for OS and other server level applications File Server The file server will be utilized by both the EnerGov application for standard documents/attachments and electronic plan files submitted via eReviews; stored in separate file directories. The respective file directories should each be made available to the EnerGovApplication Server as a virtual directory for use by the respective systems. EnerGov recommends leveraging a SAN environment for File Server management • 5000B 15K RPM Serial -Attach SCSI 6 Gbps HatPlug HardDrive(s) * • Integrated SAS RAID 1/RAID 5 * (if eReviews then 1TB) Exchange Server Through the use of Windows Services, EnerGov will regularly communicate with a client's Exchange (2007 or higher) to send automated or user generated email communication originating from within the EnerGov application. EnerGov requires an Exchange account created for use as the "sending" account from which all automated and user -generated emails come OR the Exchange Server should allow emails sent from "anonymous" accounts. *EnerGov asks clients to remain current with all published Microsoft products. GIS / ArcSDE Database Server This box houses the GIS database in an RDBMS environment (Oracle or SQL Server) and ESRI's ArcSDE software. EnerGov tightly integrates and establishes a "Live -Link" with SDE (Esri geodatabase) which ensures real-time spatial integration. ArcGIS Server (ArcSDE) 10 / 10.1 Please communicate with your regional Esri representative to ensure your hardware and software is up to date. GIS / ArcGIS Server This server hosts Esri's ArcGIS software and is used to host map services that enable EnerGov's GeoRules Engine as well as rendering the GIS map views available to end users within the EnerGov ecosystem of applications. ArcGIS Server 10/ 10.1 Please communicate with your regional Esri representative to ensure your hardware and software is up to date. EnerGov recommends that if a single ArcGIS Server is used, then it should be located outside the firewall in order that it be utilized for external and internal purposes. Client Side - Hardware and Software Recommendations End Use n I ardw Recommended Desktop Hardware/Software: • 4GB Dual Channel DDR3 SDRAM at 1066MHz • Intel Pentium Dual -Core or better • Microsoft Windows 7 (64-bit) o Windows XP SP2 • Internet Explorer 8+ (1E9 recommended) o NOTE: Performance improves with 1E8 and IE9 but IE7 is supported. o Safari, Chrome, Firefox also supported Monitor Recommendations - Office Desktop User: Front Counter / Data Entry Users: Overview: 22" Widescreen LCD Monitor -(1680x1050 native) Back Office Users/ GIS/ Light ePlans Review (Typical User): 25" Monitor (1920 x 1080 native) Heavy Electronic Plans Review Users (Primarily ePlans Review): 30" Widescreen LCD Monitor (2560x1600 native). ''Typically requires dual link dvi video card/output 'Alternate: 1080p HDTV 32 " + (1920x1080 native resolution) Mobile Options/ Hardware Overview: Tablet Environment: Mobile Laptop Environment: EnerGov's mobile solutions are built for the Apple !Pad as well as EnerGov'sMobileGov available on: Windows-based Laptops. EnerGov generally recommends the Apple rPad / Tablet environment because of the ease of use, integrated features as well as the availability of a variety of EnerGov !OS apps for teg leilGOV• Windows 7 Laptops Recommended Laptop Hardware: inspections, electronic plans review on the go and mobile code case_ Ent•rc•nu.nt PanasonlcToughbook 30 or similar mgmt. ,“4+••nns.»1 AlrCard or Gob! Mobile Broadband (or readily available W! -F!) �' HP Offlcejet H470 Mobile Printer Itis highly recommended that these devices be outfitted in ruggedized cases. 3G/4G and/or W!fi enablement is recommended. Additionally, field printing systems are recommended for on -the -spot printing of iGal �G Tablet PC Option: PanasonlcToughbook H1 Field inspection notices, violations and other relevant documents in the field. Itis best suited that these field units communicate via Bluetooth for simple wireless printing functionality. ,- Motion F5v Tablet (4G/3G enabled) ApplelPad 2 + (iG inspect App ONLY) Available Mobile Apps: 16 GB min. !G Workforce /!OS (Win 8 coming soon) EnerGov iG Workforce platform and apps available on: (4G/3G enabled) o iG Inspect app • Apple iP.yd / iOS o !G Enforce app o 4G/3G enabled o iG Reviews app o Retina Display compatible o rPad2+recommended IvloblleGov (Win 7 Laptop) • Windows 8 (Coming soon!) Customer Roles/Skills Requirements Project Collaboration de 0 •tyler . • technologies Empoweringr people who serve th a public' A successful Tyler enterprise implementation is a collaborative endeavor in which both Tyler Project Team members and agency personnel occupy specific roles (and the responsibilities associated therewith). While definitive client -side roles and skills may vary from project to project (depending on the agency's resource availability) the following designations represent the typical and recommended resource involvement for most agencies. Project Stakeholder Committee: This committee is formed by executive or managerial staff of every effected business group to be implemented. Typical individuals Include a committee of the following: CIO / Community Development Director / Finance Director / CBO / Planning Director / Public Works Director etc... Responsibilities include: • Ensure proper change management and leadership to departmental staff. • Determine beneficial process change through automation as it is presented cross -departmentally. • Monitor project from high level. Project Manager: This role is typically a non -business group member (IT or support staff) of the agency's project team. Typical positions: IT or applications support project manager Responsibilities include: • Serve as coordinator of the agency's Implementation team / subject matter experts. • Assist in managing the project scope, deliverables and timeline with assistance from the Tyler Project Manager. • Ensure that the project team stays focused, tasks are completed on schedule, and that the project stays on track. • Develop and maintain the project resource plan in conjunction with the Tyler Project Manager. • Schedule and coordinate project tasks with assistance from the Tyler Project Manager. • Coordinate agency's Implementation team resources with all departments. • Participate in daily project activities and track progress on project tasks. • Hold meetings with project stakeholders to update on project status and to reach verdict on any escalated process decisions that need to be made. • High-level oversight throughout the stages of the project; ROI initiatives oversight. Desired Skills/Experience: • Previous project management experience as project manager • Strong IT technical background • Bachelor's Degree in Computer Science or equivalent experience • Experienced with an iterative -based development approach • SharePoint & Microsoft Project experience a plus • Excellent knowledge of Customer Business Practices and Processes ©2013 Tyler Technologies. All Rights Reserved Confidential Information Page 1 Customer Roles/Skills Requirements Project Sponsor: This role is typically an executive or managerial sponsor of either the IT group or a dominate business group that is ultimately responsible for the success of the project. ••:•.. ler • technologies EnhlxwerinE people who serve th awhile Typical positions: IT Director / Department or Division Director Responsibilities include: • Ultimate responsibility for the success of the project; serves as project champion. • Creating an positive environment that promotes project buy -in. • Driving the project through all levels of the agency. • High-level oversight throughout the stages of the project; ROI initiatives oversight. Departmental System Administrators: A user representative for each affected department is typically appointed for the entire lifecycle of the implementation and to serve as ongoing configuration support or "Systems Administrator post the production phase of the EnerGov system. Typical positions: Departmental or division subject matter expert and typically a direct member of the business group or of the business applications support group. Responsibilities include: • Being trained on the EnerGov .NET system ata System Administration level. • Being fully engaged in the business analysis system configuration, reviews and UAT activities. • Assist internal efforts towards the creation of reports, interfaces & conversions. • Actively participate in the full implementation of Tyler's EnerGov software solution. • Serve as ongoing departmental or division system configuration support post the production phase of the project Desired Skills/Experience: • Proficient in Crystal Reports • Analytical/Problem Solving Skills • Experience with other "configurable" enterprise applications such as PeopleSoft, SAP, etc. Departmental Business Leads: A user representative for each affected department must be appointed for the entire lifecycle of the implementation. Assigning competent business leads to assist in the project is highly recommended and can often determine the success of the implementation for their respective areas. These Business Leads are typically transitioned into Tyler "Power Users". Typical positions: Departmental or division "power user and member of the business group. Responsibilities include: • Attending assessment workshop sessions. • Willing and able to gather data and make decisions about business processes. • Assist as a knowledge -base in the creation of specifications for reports, interfaces & conversions. • Review and test the system configuration. ©2013 Tyler Technologies. All Rights Reserved Confidential Information Page 2 Customer Roles/Skills Requirements Technical Lead: '••••:•!'. tyler • technologies EnhlxwerinE people who Berne th a nubilc' A technical individual from the Information technology group that is responsible for the technical infrastructure support of the implementation and to serve as ongoing technical infrastructure support post the production phase of the EnerGov software system. Typical positions: Network / IT Administrator Responsibilities include: • Primary responsibility for the technical environment during the software implementation • Ensure that servers, databases, network, desktops, printers, are available for system implementation and meet minimum standards • Work with Tyler's technical personnel during implementation • Maintain the testing and production databases • Install software updates and releases • Act as the primary technical resource for troubleshooting technical problems • Establish and maintain backup, archival, and other maintenance activities ©2013 Tyler Technologies. All Rights Reserved Confidential Information Page 3 SOW Attachment E Custom Programming Request Form ••• . . .. tyler • . • technologies Empowering people awlie serve the pubIle Client: Date of Request: Contact Name: Expiration Date: (Quote is valid for 30 days) Feature Request [Short Narrative Here] Option 1 — [Custom Programming Item Name], [Hour Estimate] [Details here] Tyler Technologies Use Only (Custom programming fees are calculated using a $10,000 impact fee plus an hourly development fee) Impact Fee: Development Hours: 0 Development ($249/hr.): $0 Estimated Release Date: See Dates Below Implementation Cost: $0 Estimated Release Version: See Dates Below Training Cost: $0 Documentation Cost: $0 Yearly Support/Maintenance (18% of Development cost): $0 R&D Authorization: Sales Rep Authorization: Total Cost: $0 Authorized: Property of Tyler Technologies Professional Services March 12, 2013 2013 Tyler Technologies. All Rights Reserved. 1 1 Page SOW Attachment E Custom Programming Request Form Release Schedule II • . ... tyler •• technonogies empowering people who serve the publle Release Schedule Estimated Date * [EnerGov Software Beta Release date] DATE [EnerGov Software RC Release date] DATE [EnerGov Software Gold Release date] DATE * Release dates are subject to change Accepted and Ordered by Customely Signature: Name (print): Title: Date: nd return by fax: )logies, Inc. X355-1093 474-1002 rgov.com Payment Schedule Milestone / Due Date Amount Description Order Placement $0 75% due upon order placement Order Delivery $0 25% due upon order delivery Payment Schedule (Support/Maintenance) Due Date Amount Description January 1 of every year $0.00 1quarter Support/Maintenance April 1 of every year $0.00 2nd quarter Support/Maintenance July 1 of every year $0.00 3rd quarter Support/Maintenance October 1 of every year $0.00 4th quarter Support/Maintenance * Support and Maintenance amounts listed above will be added to your regular support and maintenance fees. Property of Tyler Technologies Professional Services March 12, 2013 2013 Tyler Technologies. All Rights Reserved. 2 1 Page SOW Attachment F Custom Report Request Form Client: Date of Request: Contact Name: Report Development Request <Report Specifications go here> ll ••• .. tyler • . • technonogies Empowering people who servo the publle <Specifications must be detailed and approved by a crystal report developer>. Report Development Hours: Estimated Release Date: Estimated Release Version: Tyler Technologies Use Only Report Development ($119/hr.): Implementation Cost: Training Cost: Report Services Authorization: Sales Rep Authorization: Authorized: Total Cost: Accepted and Ordered by Customer: Signature: Name (print): Title: Date: nd return by fax: )logies, Inc. -355-1093 474-1002 rgov.com 2013 Tyler Technologies.. All Rights Reserved. Property of Tyler Technologies Professional Services March 12, 2013 1 1 Page SOW Attachment F Custom Report Request Form Payment Schedule II • . ... tyler •• technonogies Empowering people wlio servo the publle Milestone / Due Date Amount Description Order Delivery $0.00 100% due upon delivery * * Purchase Order to be issued before work commences. Property of Tyler Technologies Professional Services March 12, 2013 2013 Tyler Technologies.. All Rights Reserved. 2 1 Page Item No. 8 Approvals City Attorney Director of Finance City Manager 0/ -e -r -- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: March 26, 2013 SUBJECT: Agreement for Environmental Monitoring Services for Main Street Bridge Over Murrieta Creek, PW03-05 PREPARED BY: Amer Attar, Principal Engineer Jon Salazar, Associate Engineer RECOMMENDATION: 1. Approve an Agreement with Rahn Conservation Consulting, LLC to provide environmental monitoring services associated with Main Street Bridge Over Murrieta Creek (Replacement), PW03-05, in the amount of $51,400; 2. Authorize the Interim City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $5,140, which is equal to 10% of the agreement amount. BACKGROUND: On January 8, 2013, the City Council awarded a construction contract for the replacement of the Main Street Bridge Over Murrieta Creek, PW03-05. The purpose of this Agreement is to provide the necessary environmental monitoring services for the construction phase of the project, as required by the resource agency permits. The Department of Public Works requested proposals from firms with extensive experience in environmental monitoring on similar projects. The City received 14 submittals from firms who responded to the Request for Proposal. Staff rated Rahn Conservation Consulting, LLC as the firm most qualified to provide the needed services; they have extensive experience with similar projects. As indicated on Exhibit "A" of the attached Agreement, Rahn Conservation Consulting will provide all the necessary environmental monitoring services on an as needed basis. FISCAL IMPACT: The environmental monitoring services for the Main Street Bridge Over Murrieta Creek project are included in the City's fiscal year 2013-17 Capital Improvement Program (CIP) budget. The project is funded with Capital Project Reserves, DIF (Street Improvements), and Highway Bridge Program (HBP) funds. Adequate funds are available in the project account. ATTACHMENTS: 1. Professional Services Agreement 2. Project Description 3. Project Location AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND RAHN CONSERVATION CONSULTING MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) — PW03-05 THIS AGREEMENT is made and effective as of March 26, 2013, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Rahn Conservation Consulting, a Limited Liability Company (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on March 26, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Ag ree me nt. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 5. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty One Thousand Four Hundred Dollars and No Cents ($51,400.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the mariner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall riot make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 7. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall riot be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The Consultant 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 Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 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. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 15. ASSIGNMENT Rahn Conservation Consulting Attn: Matt Rahn 31848 Green Oak Way Temecula, CA 92592 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. 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. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA RAHN CONSERVATION CONSULTING (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Matt Rahn, Partner, Principal Scientist ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Kelcey Stricker, Partner Rahn Conservation Consulting Attn: Matt Rahn 31848 Green Oak Way Temecula, CA 92592 (951) 595-7878 mattrahnrahnconservation.com PM Initials: rl Q Date: �/ v EXHIBIT A Proposal EXHIBIT B Cost Proposal ENVIRONMENTAL MONITORING SERVICES MAIN STREET BRIDGE OVER MURRIETA CREEK REPLACEMENT Project Number: PW03-05 CONSERVATION CONS LT I Iii G L ENVIRONMENTAL PLANNING SOLUTIONS Prepared for: City of Temecula February 7, 2013 Prepared by Matt Rahn, PHD, MS, JD mattrahn@rahnconservation.com 951-595-7878 Murrieta Creek Bridge Replacement CONSERVATION CONSULTING LLC ENVIRONMENTAL MONITORING SERVICES MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACMENT) Introduction: It is with pride and great pleasure that RCC presents this proposal for environmental monitoring services to the City of Temecula for the Murrieta Creek Bridge Replacement. Our strong ties to the local community and comprehensive knowledge of the local ecology and biology along with an understanding of issues and policies unique to the Temecula area makes our locally based firm the ideal company to provide these services. RCC is a respected, efficient firm that employs only the highest quality of scientists, some of whom are regional leaders in their field of expertise. Our bat biologists have a combined 25 years of experience in indentifying, assessing, and monitoring bats and their habitats including difficult to detect sensitive species. Our avian specialists are experienced with the regions known sensitive species and hold permits to handle threatened and endangered species, having worked on a variety of crucial projects throughout the western United States. Our education specialists come from backgrounds that specialize in higher education and community outreach with an emphasis on communicating science and policy to the general public. We believe our superior level of expertise and competitive rates along with our local location and knowledge provides the City with a uniquely qualified team. If there are any questions or comments on this proposal or its contents, please feel free to contact RCC directly at any time of day by phone or email. Kindest Regards, Matt Rahn, PhD, MS, JD Partner, Principal Scientist Rahn Conservation Consulting Office: 619-595-7878 Mobile: 619-846-1916 Email: mattrahn@rahnconservation.com Web: rahnconservation.com Murrieta Creek Bridge Replacement QUALIFICATIONS AND EXPERTISE CONSERVATION CONSULTING LLC 1.0 Service Record RCC has been in operation since 2002 providing, since its inception, superior biological monitoring, assessment, and planning services. Construction monitoring, including pre - construction surveys and habitat assessments, are a specialty of RCC. 2.0 Project Principal Dr. Matt Rahn, Partner and Principal Scientist, will be the Project Principal for this project. He will be the direct and main contact for the City for all project -related communications from commencement to completion. He will have direct and continued responsibility for the project and will handle day-to-day activities. 3.0 Project Team Dr. Matt Rahn, PhD, JD Partner, Principal Scientist, Project Manager RCC Dr. Rahn has more than 20 years of experience in environmental consulting and specializes in bat monitoring, detection, and habitat assessments. He has extensive experience in the design of wildlife, habitat, and ecosystem monitoring programs with an emphasis on the impacts on threatened or endangered species and the development of appropriate management and mitigation programs. Ms. Kelcey Stricker Partner, Senior Biologist RCC Ms. Stricker has more than 7 years of experience in the biological sciences as a field biologist, research coordinator, and project lead. She specializes in restoration and monitoring, including pre -construction surveys for sensitive species. She specializes in bat habitat assessments and surveys and burrowing owl habitat assessments and surveys. Murrieta Creek Bridge Replacement Mr. Robert Chapman, M.S. Avian Specialist and Conservation Biologist RCC Mr. Chapman has more than 8 years of experience with avian surveys and species identification with an emphasis on endangered and threatened species. He carries a USFWS 10(a)1(A) recovery permit for the coastal California gnatcatcher and least Bell's vireo. He has extensive experience in surveys and habitat assessments for yellow -billed cuckoo and least Bell's vireo. CONSERVATION CONSULTING LLC Ms. Tricia Campbell Wildlife Biologist ICF Ms. Campbell has 23 years of experience as a field biologist, specializing in avian surveys. She currently holds a USFWS 10(a)1(A) recovery permit for southwestern willow flycatcher and coastal California gnatcatcher. She also has experience in surveys and habitat assessments for yellow -billed cuckoo and least Bell's vireo. Mr. Mickael Romich Senior Biologist ICF Mr. Romich has 18 years of experience as a wildlife biologist, specializing in avian surveys. He currently holds a USFWS 10(a)1(A) recovery permit for southwestern willow flycatcher, including nest monitoring, as well as a CDFW scientific collecting permit. He also has an existing MOU with CDFW for the handling of state listed mammals and birds. Murrieta Creek Bridge Replacement 4.0 References CONSERVATION CONSULTING LLC Michelle Tollett, (949) 788-4900 Foothill Bridge Bat Habitat Assessment (2011-12) Los Angeles County — Ultrasystems sub -contract Services Provided: RCC provided bat habitat assessments and surveys for the Foothill Bridge in Monrovia, California. Based on these assessments, RCC provided mitigation recommendations for bat exclusion and removal prior to construction on the bridge; in consultation with CDFW, these mitigation measures were approved and the construction proceeded as planned. Dr. Scott Fleury, (858) 578-8964 Lead Science Advisor and Technical Consultant (2000-2012) Agua Caliente Services Provided: RCC has provided consulting services on various projects and research programs for nearly 15 years including some large scale conservation plans and projects related to sensitive and endangered birds and bats. Most recently, Dr. Rahn served as the lead science advisor for the Orange County Transportation Authority NCCP/HCP (a $1.7M conservation plan) and the San Diego Water Authority NCCP Margaret Park, (760) 699-6800 Tribal Environmental Support and Bat Research (2004-2009) Agua Caliente Services Provided: RCC provided population estimates and full habitat assessments for the sensitive yellow bat population found within the Agua Caliente tribal lands. This is the only known location of yellow bat within California and the only known study of their habitat needs and general ecology. Michael Kalima, (213)897-3656 Bridge Environmental Assessment, Restoration and Mitigation (2006-2010) CalTrans Services Provided: RCC provided project planning, support, and species-specific monitoring services and habitat restoration related to bridge construction and HOV widening projects along Highway 5. Duties included sensitive species surveys, bat colony restoration, exclusions, and habitat creation. The project resulted in the successful recolinization of Mexican free -tailed bats with a total population of 3,500 within three years of restoration (exceeding population numbers prior to construction). Dr. Scott Thomas, (775) 737-8283 Lead Science Director for Stetson Engineers on Watershed Management with MCB Camp Pendleton and US Bureau of Reclamation (2009-2011) Services Provided: We provided biological support for surveys and assessments of habitat for sensitive and endangered species, including the Least Bell's Vireo, Southwestern Willow Flycatcher, Arroyo Toad, Tide Water Goby, Clapper Rail, and California Gnatcatcher. This included recommendations for watershed management and water quality programs for the lower Santa Margarita River Watershed. Murrieta Creek Bridge Replacement CONSERVATION CONSULTING LLC 5.0 Subconsultants Services to be provided by subconsultants include those support services provided by ICF biologists on an as -needed basis to augment RCC staff. Senior Biologist, Michael Romich, ICF Mr. Romich will provide specialized avian survey services in addition to general biological monitoring services. He holds a USFWS 10(a)1(A) recovery permit for southwestern willow flycatcher, including nest monitoring as well as a CDFW Scientific Collecting Permit. Wildlife Biologist, Tricia Campbell, ICF Ms. Campbell will provide specialized avian survey services in addition to general biological monitoring services. She holds a USFWS 10(a)1(A) recovery permit for southwestern willow flycatcher and coastal California gnatcatcher. 6.0 Licenses, Permits, and Clearance RCC holds and maintains all licenses and permits required to operate within state, county, and city. RCC will be responsible for the acquisition of any additional licenses, permits, clearances, reports, and documents required to complete the project and perform the services within the required timeline. 7.0 Firm Safety Record RCC has an impeccable safety record. We have been in operation since 2002 without a single safety incident or accident. 8.0 Litigation RCC has been in operation since 2002 and has never been involved in litigation. Murrieta Creek Bridge Replacement TECHNICAL APPROACH AND TIMELINE CONSERVATION CONSULTING LLC Rahn Conservation Consulting (RCC) was established in 2002 to provide biological, environmental, energy, and regulatory consulting services to diverse projects throughout the western United States. The firm is lead by principal scientist and partner, Dr. Matt Rahn. During the past decade, projects have spanned the breadth and depth of environmental science and ecology, with an emphasis on renewable energy, wildlife monitoring and surveys, environmental policy and law, conservation planning, and wildfire research. Since the inception of RCC, research and client projects have been inextricably linked. Contract requirements drove research topics and research findings provided new capabilities and understanding of natural and physical landscapes. This underlying research ethic has significantly enhanced the outcome of projects and the protocols we use today; RCC provides scientific and legal validity to our client's projects, which significantly augments environmental review and project success. Our goal for this project is to ensure that we provide the City of Temecula with scientifically, statistically, and legally defensible consulting services that exceeds current industry standards. We have created a qualified team of experts with experience that bridges the gap between research, science, policy, and education, ensuring that every phase of this project provides the highest level of service. This underlying ethic has significantly enhanced the outcome of our past projects and the satisfaction of our clients. As a local business, we are committed to providing exclusive focus and responsiveness to the City's needs. We are also keenly aware of the need to maximize resources and provide economical and effective consulting services for the City without sacrificing excellence. At RCC, we provide the highest level of service, uniquely qualified personnel, and cost effective scientific and technical consulting services for our clients. 6 Murrieta Creek Bridge Replacement 1.0 General Approach CONSERVATION CONSULTING LLC The Scope of Services and Proposal Content provided in the Request for Proposal (RFP) along with the details of Attachment D of the Plans, Specifications, and Contract Documents (Spec Book) and our understanding of the project location has given RCC a clear understanding of the project site and the most appropriate approach. We understand that the replacement of the Murrieta Bridge will entail alterations to surrounding native vegetation including removal and impacts to potential habitat for raptors and other birds protected under the federal Migratory Bird Treaty Act (MBTA) and the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The activities may also impact the burrowing owl, which is a protected species under the BTA, MSCHP and is recognized as sensitive by CDFW. Finally, the project may have impacts on bat species recognized as sensitive by California Department of Fish and Wildlife (CDFW). RCC will be using qualified biologist with all necessary permits and background for general biological and species specific surveys and monitoring. The biologists shall maintain communications with all appropriate personnel (Contractors and Engineers) to ensure that any issues related to biological resources are appropriately and lawfully managed. During all necessary phases of the project, RCC biologists shall be present to verify compliance with all conservation measures. They will submit reports that document and demonstrate compliance for submittal to the wildlife agencies upon request and/or at the end of the project. 1.1 Specific Duties Biologists shall also provide the following services: • A qualified biologist will be on site during all vegetation clearing and grubbing activities, and will provide weekly visits during construction activities to monitor and assess upland and riparian habitat. • If any State or federally listed species are detected during vegetation clearing, the biologist(s) shall immediately notify the project Engineer, and will suspend work (if necessary). Biologists will then coordinate with the USFWS and/or CDFW to ensure that the proper species and habitat protections measures are implemented. • Biologists shall report any violations of protection, mitigation, or conservation measures within 24 -hours of its occurrence. • Biologists will inspect all fencing and erosion control measures (including [reservation/restoration/creation sites) with the Engineer on a weekly basis during construction. Periodic maintenance and/or additional BMPs will be reviewed by a biologist and modified (as needed) prior to implementation. • Biologists shall design and implement a training/awareness program for all project employees, contractors, and engineers prior to them working on the proposed project. RCC shall keep an updated list of all project personnel that have completed Murrieta Creek Bridge Replacement CONSERVATION CONSULTING LLC this training, and will update new employees as needed throughout the duration of the project. 2.0 Project Timeline (180 Working Days) Provided below is an estimated timeline based on an assumed commencement date of April, 2013 (Per the RFP Proposal Timeline provided). Delays in construction due to contracting, weather, or other issues will require an adjustment to the biological services schedule to accommodate all species mitigation and monitoring requirements. Species-specific surveys must be performed prior to construction or construction -related activities per Wildlife Agency requirements. To accommodate potential mitigation measures (such as the construction of noise buffers around nesting birds, or the construction of off-site bat refugia), RCC will conduct species-specific surveys as soon as biologically appropriate and within the parameters set by the Wildlife Agencies. No species-specific survey will be performed more than 30 days prior the start of construction or construction -related activities. Table 1. Estimated Timeline Task Date Pre -construction education program April 2013—to be completed prior to the commencement of work on the project site. This can be repeated for new workers or contractors who are brought on mid -project. Pre -construction avian surveys May 2013—a total of five daily surveys to be completed a maximum of 3 days prior to initiation of ground disturbing activities. Timeline will be adjusted to accommodate changes in construction timeline Pre -construction bat surveys May 2013—to be completed a maximum of 30 days prior to initiation of ground disturbing activities. Timeline will be adjusted to accommodate changes in construction timeline Pre -construction burrowing owl surveys May 2013—two surveys to be completed a maximum of 14 days and 24 hours prior to initiation of ground disturbing activities. Timeline will be adjusted to accommodate changes in construction timeline. General biological monitoring Weekly—commencing with groundbreaking and concluding with project completion (approximately 180 days; 6 months). Murrieta Creek Bridge Replacement CONSERVATION CONSULTING LLC 3.0 Scope of Work 3.1 Pre -Construction Surveys All of the species expected to be present within the project site will require pre - construction surveys, the timing of which will be dependent on the time of year proposed for construction. The recognized breeding seasons for migratory birds, burrowing owl, and bats, respectively, will be avoided or mitigated through comprehensive pre -construction surveys and noise and nest/roost buffering, or relocation, if necessary. RCC along with ICF will be in consultation with the appropriate Wildlife Agencies (e.g., CDFW, USFWS, Riverside Conservation Authority) and the City if mitigation measures are required. The general actions to be taken are summarized as follows: Biological Assessments • If construction takes place during general raptor breeding season (March 15 - September 15), preconstruction nesting bird surveys will be performed by an avian specialist once a day for five days on the project site. Surveys will focus on 100 foot buffer surrounding the project site, with additional consideration given to a 500 foot buffer of the project site if necessary. Surveys will include general nesting surveys, but will also include focused and directed surveys for least Bell's vireo, southwestern willow flycatcher, and yellow -billed cuckoo. Qualified biologists with significant experience with each species of interest will perform all surveys necessary. • A maximum of 30 days prior to construction or other ground disturbing activities (e.g. vegetation grubbing and clearing, grading), a focused survey for burrowing owl presence will be conducted according to guidelines given in the 2012 CDFW Staff Report Memo on Burrowing Owl Mitigation (CDFW 2012). Because recent surveys for burrowing owl onsite have been negative, and occupancy has not been established within the past three years, it is anticipated that this survey will also be negative. However, if burrowing owl is found onsite, consultation with the appropriate Wildlife Agencies and notification of the City will be initiated. • A maximum of 30 days prior to construction or other ground disturbing activities, a focused survey for bats will be conducted using a combination of echolocation recording, visual inspections, and thermal imaging surveys. This combination of audio and visual surveys ensures the highest species detection rates practicable, providing confidence in determining the presence or absence of bats. Surveys will be conducted in the evening and night prior to initiation of construction or other ground disturbing activities. • If sensitive bat species are detected, mitigation measures will be used, including the installation of exclusion devices and creating offsite bat refugia. Plans and specifications for these refugia will be developed in consultation with the appropriate Wildlife Agencies. • If construction is to take place during the general bat -breeding season (Marchl- July 31), mitigation measures will be developed that ensures adequate buffers are provided around maternity colonies. Murrieta Creek Bridge Replacement CONSERVATION CONSULTING LLC 3.2 Contractor Education and Training Program Rahn Conservation Consulting is uniquely qualified to provide the highest level of education and training for contractors and other personnel. The pre -construction contractor education program is a multi -faceted education and support program that will be developed and implemented by Dr. Matt Rahn and Ms. Kelcey Stricker. Dr. Rahn has over 15 years of education and outreach experience in the community and university higher education system as an instructor and advisor. He has developed curriculum for a wide range of subject matter in the environmental and biological sciences. Ms. Kelcey Stricker has 7 years of experience working in community outreach and education, specializing in communicating science, policy, and environmental issues to the public. RCC shall create a comprehensive preconstruction worker education program to ensure construction and other contractors working within the project site are aware of the sensitive species issues surrounding the area. The pre -construction contractor education program is made up of three components: 1) in-person educational sessions, 2) educational materials (e.g. wallet information cards, informational booklet), 3) on- going support (e.g. hotline, website) The pre -construction contractor education program will consist of an instructional meeting designed to effectively communicate all sensitive species issues onsite as well as the proper course of action for dealing with sensitive species issues. The meeting will focus on the following: • Description of species with a potential to occur within the project site and surrounding habitat including: southwestern willow flycatcher, least Bell's vireo, yellow -billed cuckoo, burrowing owl, raptors, nesting migratory birds, and bats • Biology and ecology of species with a potential to occur within the project site and surrounding habitat and specific habitat features to be aware of • Standard operating procedure for when a sensitive species is found onsite including: 1) Who to notify, 2) When to notify, 3) How to notify, 4) Actions to be taken on the project site and around where the species is found • A wallet -sized card with a summary of the information presented in the instructional meeting to be distributed to all attendees • An informational booklet to be available in the main office/construction trailer with the complete information on all sensitive biological issues on the project site It is anticipated that new staff may be hired during the life of the project. With this in mind, the instructional meeting may be repeated for new hires and new staff as needed during the course of construction. Additional instruction, or more informal "tailgate education" will be provided upon request. On-going and easy -to -access support will be provided by RCC in the form of a project devoted hotline and website. The hotline will be available to all project personnel, 10 Murrieta Creek Bridge Replacement CONSERVATION CONSULTING LLC including contractors and construction workers at any time during operational hours and will directly connect to a biologist with expertise in sensitive species issues on the Murrieta Bridge Replacement project. This is designed to minimize work stoppages and delays while maximizing protection for sensitive resources. For less urgent matters, a website devoted to this project will be available with all biological information as well as standard operating procedures if a sensitive species is found onsite. Our goal is to provide pertinent and easy access to information and contact names and numbers so that any potential issues can be resolved as quickly as possible in order to minimize construction delays and work stoppages. Because we are a locally based firm, we have an understanding of the local biology and ecology and can respond quickly and efficiently. Our additional support services including the hotline and project website are designed to allow workers and contractors to access information at any time and any location to facilitate effective communication and quick responses. 3.3 Pre -construction Nesting Bird Surveys With an anticipated construction start date within the generally accepted migratory bird breeding season (March 15 -September 15), pre -construction nesting bird surveys will be conducted once a day for five days to conclude no more than three days prior to the initiation of construction related ground disturbing activity. Surveys shall be conducted by an avian specialist who will walk the project site and search all potential nesting vegetation to be impacted as well as other project features which may inhabit nesting migratory birds (e.g. bridge overhangs, street lights, etcetera). An additional focused survey area of 200 feet surrounding the limits of the project site will also be assessed with a total survey area of 500 feet surrounding the project site. The results of all surveys shall be submitted to CDFW for concurrence. Survey methods will include visually scanning all areas of potential habitat with the use of binoculars for the presence of birds and nests. Listening for bird calls, especially those of sensitive and listed species with a potential to occur within the project site. Surveys shall be conducted generally during the morning, to increase detectability of the greatest range of species. Surveys shall commence no later than two hours following sunrise and shall conclude no later than mid-day. Surveys shall be conducted during conditions conducive to bird detection; excessively high winds (>20km/hr), precipitation, and extreme temperatures (<20 degrees Celsius) can reduce detectability and produce false negatives (i.e. beta error). Project biologists shall conduct raptor -nesting surveys prior to construction to determine the presence or absence of nests in the riparian habitat in the project area. If raptors are found, vegetation clearing and disturbance shall occur outside of the typical breeding seasons (February 15 through September 15) per CFGC Division 4, Part 2, Chapter 1, 11 Murrieta Creek Bridge Replacement CONSERVATION CONSULTING LLC Section 3503.5, and per the restrictions on mortality from the Migratory Bird Treaty Act. If no nesting birds are found (and concurrence from CDFW is received), project construction and construction related activities will proceed as planned and weekly biological monitoring of the site will commence. If nesting birds are found (and concurrence from CDFW is received), they will be identified to the species level and the following actions will be taken: • The nest site shall be fenced a minimum of 200 feet (500 feet for least Bell's vireo, southwestern willow flycatcher, and/or raptors including burrowing owl) in all directions and this area shall not be disturbed until after September 15th and until the nest becomes inactive. • If threatened or endangered avian species are observed in the area, no work shall occur during the breeding season (March 15 through September 15) to avoid direct or indirect (noise) take of listed species. • If approved by the project biologist (and in consultation with CDFW) temporary noise walls shall be installed and maintained around the outer perimeter of the construction limits — reducing impacts to nesting listed and migratory bird species. These walls shall be a minimum of 8 feet high, and constructed of a minimum of 3/4 —inch plywood, Plexiglas, or similar material. Costs associated with this activity are considered additional work in accordance with Section 4- 1.03 of the Standards Specifications. • If during monitoring, an active nest is detected on or within 100 ft of the project site, no work shall commence within a 100 -ft buffer of the nest. • Weekly biological monitoring visits will include checks on the known active nests on the project site. Weekly biological monitoring reports will be submitted to CDFW. Any change in status of known nesting birds on-site will be communicated to CDFW in a timely manner and consultation will be initiated, as appropriate. Information regarding sensitive avian biological issues on the construction site will be added to the project website as appropriate. RCC will submit pre -construction survey findings to CDFW prior to construction activities commencing. 3.4 Burrowing Owl Surveys Initial surveys for burrowing owl performed for the preparation of the NES were negative for burrowing owl. However, the Murrieta Creek Bridge Replacement falls within one or more criteria cells in the MSHCP, which requires pre -construction burrowing owl surveys. It is not anticipated that burrowing owl will be present, however, CDFW recommends two pre -construction surveys for take avoidance. Two pre -construction surveys will be performed prior to the initiation of any ground disturbing activities. Burrowing owl specialists from RCC/ICF will perform the pre -construction surveys according to protocols outlined in the 2012 Staff Report on Burrowing Owl Mitigation 12 Murrieta Creek Bridge Replacement CONSERVATION CONSULTING LLC (Staff Report) (CDFW 2012). In Appendix D of the Staff Report, "Take Avoidance Surveys" are described and consist of two consecutive surveys; one survey to be performed no more than 14 days prior to the initiation of ground disturbing activities and a final survey to be performed no more than 24 hours prior to the initiation of ground disturbing activities. This is because burrowing owls may colonize a site within just a few days. If a significant time lapse occurs between project initiation and project completion (due to temporary work stoppage or other issue), take avoidance surveys may need to be repeated. Recommended protocols for pre -construction take avoidance surveys follow those used for "Detection Surveys" (CDFW). Survey methods include: • Walking line straight-line transects spaced 7 m to 20 m apart, adjusting for vegetation height and density • At the start of each transect and, at least, every 100 m, scan the entire visible project area for burrowing owls using binoculars. During walking surveys, record all potential burrows used by burrowing owls as determined by the presence of one or more burrowing owls, pellets, prey remains, whitewash or decoration • Listen for burrowing owls while conducting the survey • If raptors or other predators are present that may suppress burrowing owl activity, return at another time or later date for a follow-up survey • Avoid conducting surveys when wind speed is >20 km/hr, and there is precipitation or dense fog. Surveys will be conducted when detection probability is greatest defined as 1) when ambient temperatures are >20 degrees Celsius, 2) <12km/hr winds, 3) cloud cover is <75%, 4) between morning civil twilight and 10:00 AM and two hours before sunset until evening civil twilight All survey results and methods or variables present which may impact detectability (e.g. weather conditions, predators, time of day) will be reported to CDFW for concurrence. Information regarding sensitive avian biological issues on the construction site will be added to the project website as appropriate. RCC will submit pre -construction survey findings to CDFW prior to construction activities commencing. If surveys results are negative (and CDFW concurrence in received), no further action is needed and construction can proceed as planned. If one or more burrowing owls are found onsite, CDFW will be notified and consulted. Mitigation measures will include those outlined for nesting raptors and sensitive species. 13 Murrieta Creek Bridge Replacement CONSERVATION CONSULTING LLC 3.5 Pre -construction Bat Surveys Understanding the pattern of bat use in a project area is critically important to identifying appropriate avoidance, minimization and mitigation measures. Often, significant uncertainly and variability make bat -habitat assessments problematic. Due to periodic fluctuations in bat activity, it is anticipated that two daytime and two nighttime surveys for bats will be required to fully assess occupancy and species composition prior to construction. This will be done one to two weeks apart, depending on weather and ambient conditions. These surveys will be conducted within 30 days prior to any removal of trees, shrubs, or structures on the project site. If no active roosts are found, then no further action will be required. Because there is little existing data on bat use of Murrieta Bridge and the surrounding habitat, multiple methods of detecting bats will be used to understand bat use of Murrieta Bridge and the surrounding habitat for migration, roosting, and foraging. The proposed advanced monitoring techniques provide a method of evaluating sites for potential bat habitat, estimating relative abundance, and tracking patterns of activity, movement, and use. The techniques below are designed to identify if species status bat species are found roosting within the trees, shrubs, or structures of the project site (that require removal or modification). Appropriate replacements roosts shall be created at suitable on-site or off-site locations as needed. These activities (described in detail below) shall be conducted in coordination with the biologist, CDFW, and the City. Methods For pre -construction surveys, we will use acoustic and visual inspections of the project area and bridge including roost site searches, acoustic monitoring, and thermal imaging. The combination of techniques provides a robust and reliable site assessment that exceeds current industry standards. Bat biologists, Dr. Matt Rahn and Ms. Kelcey Stricker will conduct the bat surveys. Two primary methods will be employed to assess bat use of the project area. These include: • Active bat surveys: This will include echolocation monitoring and thermal imaging at dusk and night. This will allow us to determine species presence/absence, relative abundance, habitat use/associations, and behavior (foraging, roosting, drinking, etc) • Roost surveys: This will include visual inspections of the of infrastructure and adjacent habitat during both day and night to determine species presence/absence, abundance, distribution, and status (transient, maternity colony, etc). Prior to conducting active and passive bat surveys, vegetation and topography on site will be assessed to identify potentially suitable tree roosts and foraging areas within the project site. In addition, assessment of the Murrieta Bridge, including expansion gaps, crevices, and overhangs within the bridge, will be conducted to identify potentially suitable habitat for cave and crevice roosting bats. Murrieta Creek Bridge Replacement CONSERVATION CONSULTING LLC Surveys will be performed a maximum of 30 days prior to the initiation of ground - disturbing activities. Active Surveys (Acoustic Monitoring) Biologists will conduct active acoustic monitoring throughout the entire Murrieta Bridge and the surrounding habitat using AnaBat Bat Detectors, thermal imaging cameras (Raytheon), and associated hardware and software for analysis. Location data for active monitoring is recorded via GPS linked to the AnaBat unit. Biologists will walk the project site and stop periodically to record potential bat calls. A thermal imaging camera will be used to estimate the number of bats present (relative abundance), and document the bat use of the project area (night -roosting, foraging, drinking, etc). Identification of bat species based on echolocation calls relies on analysis of a number of call parameters, including base frequency, call shape (slope as measured in octaves per second and overall pattern), patter of calls within a sequence, inter -pulse interval, and call duration (Pierson et al. 2006). Each spectrogram of bat echolocation calls will be visually compared to our library of spectrograms of known bat species to determine, when possible, species identity. Due to identification constraints, only those recorded calls that can be reliably identified to species will confirmed; all other calls will be identified to genus if possible. Data collected during acoustic monitoring will include: species identification, number of bats present (through thermal camera imaging) and location/distribution. The ambient temperature, humidity, and wind will be recorded at hourly intervals during the survey. Assumptions: • Evidence of bats for most species is detectible through echolocation monitoring • Calls are generally identifiable to individual species • Acoustic monitoring provides frequency of occurrence, but not relative abundance • Relative abundance estimates are possible with thermal imaging • Areas of bat activity/use are identifiable in the planning area Roost Site Searches Searches will be conducted within Murrieta Creek and the surrounding habitat for potential bat roost sites (including maternity colonies) and hibernacula. Identification of urine stains, insect parts, or guano during the searches may indicate past and/or present roosting. The presence of guano or urine staining may not necessarily indicate current use of a roost site, but will inform the suitability assessment of the potential roost site. Bat biologists Dr. Rahn and Ms. Stricker will search all potential roost sites/hibernacula during the day prior to evening bat acoustic surveys. Any potential Murrieta Creek Bridge Replacement CONSERVATION CONSULTING LLC roost sites or hibernacula will be revisited during evening bat surveys to determine if they are active and which bat species may be present. Every attempt will be made to visually identify species present in roost sites. However, if visual identification is not possible without significant disruption to individuals or colonies, AnaBat acoustical monitoring equipment will be used to record echolocation calls for identification to species level (warm season only). If appropriate and deemed non-invasive, photographs of the colonies will be taken with a standard digital camera. In addition, a thermal imaging camera may be used to identify bats that are in crevices or against a wall and help estimate abundance. Data collected will include the roost type (e.g. bachelor colony, maternity colony, solitary roost, night roost, transient roost) species and relative abundance, the reproductive condition (if appropriate/visible), and the general location within the site of all bats identified. If no bats are identified, all other evidence of bat presence, such as insect parts, staining, guano or dead bats will be noted along with the location of the evidence. Finally, the adjacent habitat and vegetation around all identified roosts will be characterized. The ambient environmental conditions will be recorded, including moon phase, temperature, humidity, wind speed, and precipitation. Additional data on ambient light intensity will be collected where appropriate. Where bats are roosting, the location will be mapped and characterized (e.g. height, temperature, and relative humidity). If active maternity roosts or hibernacula are found in trees, shrubs, or structures that will be removed as part of the project construction phase, all efforts will be made to ensure that the demolition shall commence before the maternity colony forms (prior to March 1). If this is not possible, then demolition shall occur after the young bats are volant (able to fly), generally after July 31. In this event, disturbance -free buffer zones will be developed by the biologist in coordination with CDFW and the City. 3.6 Bat Refugia Construction Plan (Optional — as needed) If sensitive bat species are found within the project site, RCC will notify the City and initiate consultation with the appropriate Wildlife Agencies to develop a mitigation plan including possible measures for on-site exclusions, on-site refugia, and off-site refugia (where needed). This task is considered extra work in accordance with Section 4-1.03 of the Standard Specifications. Mitigation measures will be developed that provide a direct surrogate habitat for sensitive bat species impacted by the project. The location, dimensions, and number of bat refugia will be determined by bat biologists Dr. Rahn and Ms. Stricker in consultation with the City and appropriate Wildlife Agencies; this is not anticipated to exceed a 2:1 replacement ratio. Installation of mitigation measures will be completed prior to the commencement of construction related activities and all efforts will be made to avoid and minimize disturbance/impacts to species where practicable. 16 Murrieta Creek Bridge Replacement The mitigation plan will include (but is not be limited to): CONSERVATION CONSULTING LLC • The sensitive bat species and number of bats involved • Location(s) of off-site protected habitat with appropriate habitat elements to support the sensitive bat species to be impacted • The type and timing of exclusion measures needed to keep bats out of construction activities • Species specific appropriate refugia where necessary • The type(s) of artificial refugia to be constructed including the dimensions, materials, and installation protocols to be used • Rationale and anticipated successful occupation by the bat species to be impacted • Approval by the City and appropriate Wildlife Agencies • A construction and installation timeline consistent with the Murrieta Bridge Replacement construction schedule Installation and construction of bat refugia per a City and Wildlife Agency approved plan, including materials and labor costs, is considered a separate contract and is outside the scope of this proposal. All efforts will be made to ensure this additional need is completed in an efficient and timely manner to avoid and/or minimize impacts to the construction schedule and project timeline. 3.7 On-going Construction Biological Monitoring It is anticipated that one to two biologists will perform construction monitoring, depending on the complexity of the biological issues on-site (e.g. nesting sensitive species, noise buffer construction, etc). Monitoring will be completed once a week for the duration of the project; approximately 24 visits total. Following the commencement of construction, biological monitoring will be performed on a weekly basis by biologists Dr. Matt Rahn, Ms. Kelcey Stricker, Mr. Robert Chapman, Ms. Tricia Campbell, and/or Mr. Mikael Romich. Personnel used for the monitoring activity will be determined as needed based on prevailing conditions, species present, and biological expertise. Biological monitoring and management will consist of: • Walking the entire construction site and surrounding areas within a 200 foot buffer, with attention given to adjacent conditions (to a maximum of 500 feet from the project boundary) where necessary • Assessing the habitat for any presence of migratory birds, special status birds, active nests, or bats • Identifying and flagging any active nests of migratory birds, special status birds, or roosting bats, and notifying the foreman or appropriate construction personnel contact, notifying the appropriate City and/or Wildlife Agency personnel • Constructing appropriate noise buffers or barriers around flagged nests and roosting bats per CDFW parameters • Creating appropriate bat mitigation as needed • Monitoring any previously identified nests for signs of activity and/or distress 17 Murrieta Creek Bridge Replacement CONSERVATION CONSULTING LLC • Noting any other observed special status or MSHCP covered species present on- site • Ensuring construction worker compliance with the biological measures and Contractor Education Program • Ensuring Contractor Education Program wallet information cards, informational reports, website address, and hotline phone number are available and visible in the construction trailer and are provided to workers and contractors on the project site • Providing a summary report of compliance and monitoring activities and observations with copies provided to the City and appropriate Wildlife Agencies • When appropriate, summary reports will include photographs and GPS locations of species observed, active nests, and non-compliance issues 18 Murrieta Creek Bridge Replacement 4.0 Cost Proposal CONSERVATION CONSULTING LLC Provided below are the standard hourly rates and a summary of costs as well as a total project cost. The full fee schedule is uploaded to the cost file in PlanetBids per the RFP for this project. Personnel Rate Dr. Matt Rahn, Project Principal Ms. Kelcey Stricker, Project Lead Mr. Robert Chapman, Avian Specialist Mr. Mikael Romich Ms. Tricia Campbell $80-100/hour $80/hour $60/hour $90/hour $90/hour Project Cost Rate Hours Total Education and Training Pre -construction Contractor Education Program Dr. Matt Rahn $80/hr 20 $1,600 Ms. Kelcey Stricker $80/hr 10 $800 Biological Surveys Pre -construction Nesting Bird Surveys Ms. Tricia Campbell $90/hr 20 $1,800 Mr. Mikael Romich $90/hr 20 $1,800 Burrowing Owl Surveys Ms. Kelcey Stricker $80/hr 40 $3,200 Dr. Matt Rahn $100/h( 20 $2,000 Mr. Robert Chapman $60/hr 20 $1,200 Pre -construction Bat Surveys Dr. Matt Rahn $100/hr 40 $4,000 Ms. Kelcey Stricker $80/hr 40 $3,200 On-going Construction Monitoring Dr. Matt Rahn $100/hr 100 $10,000 Ms. Kelcey Stricker $80/hr 160 $12,800 Mr. Robert Chapman $60/hr 20 $1,200 Ms. Tricia Campbell $90/hr 10 $900 Mr. Mikael Romich $90/hr 10 $900 Biological Survey Subtotal $43, 000 Data Analysis, Reporting, and Meetings Dr. Matt Rahn $80/hr 40 $3,200 Ms. Kelcey Stricker $80/hr 20 $1,600 Mr. Romich/Ms. Campbell $90/hr 8 $720 Mr. Chapman $60/hr 8 $480 Subtotal $6, 000 Project Total* $51,400 Murrieta Creek Bridge Replacement 5.0 Statement of Local Vendor Certification CONSERVATION CONSULTING LLC CITY CIF TEMECULA Ilam'reett Linage Cwer IWIume1a Creek ikcp cernenl i F'' i3416 hFP W1 EWA —EnYlroltweeltild &¢Flit :il li n sb L•ir; H1. 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The Vendor's i1eleyr In rocofrIng Hairier notnicallon will net alter lhe one 0 } busine:s.day period allowed for ole•bd submission_ Local vendor to Cole Indicate CINE method far rrotlicaliorti oi Desi Vendor rebid by prey idinq the appropiate a nal eileroaa Or Feu rklmtr. &tall this a . »'r" as a earl or your 4Aince. m r ., m i rg5f s!ii Illll'in:, 20 Project Responsibilities Matrix re -construction Worker duction • Principal • Ms. Kelcey Stricker • Facilitator Pre -construction Bat Surveys • Dr. Matt Rahn • Bat S•ecialist Ms. Kelcey Stricker • Bat Specialist Pre -construction Burrowing Owl Surveys • Ms. Kelcey Stricker • Burrowing Owl Specialist • Mr. Robert Chapman (as needed) • Avian Specialist i111111a - — it ruc ion Monitoring • Dr. Matt Rahn • Project Lead • Ms. Kelcey Stricker • Field Team Lead • Mr. Robert Chapman (as needed) •Avian Specialist • Ms. Tricia Campbell (as needed) •Avian Specialist • Mr. Mikael Romich (as needed) •Avian Specialist Pre -construction Bird Surveys • Ms. Kelcey Stricker • Field Team Lead • Mr. Robert Chapman • Avian Specialist • Ms. Tricia Campbell (as needed) • Avian Specialist • Mr. Mikael Romich (as needed) • Avian Specialist Matt Rahn I Resume MATT RAHN Project Lead Dr. Matt Rahn has been working in the fields of ecology, conservation, environmental sciences, land use planning, and wildfires for nearly 20 years. He has a broad foundation in ecology and conservation biology, having worked on projects throughout the western United States. Dr. Rahn has extensive experience in the design of wildlife, habitat, and ecosystem monitoring programs, with an emphasis on the identification of invasive species, the impacts on threatened or endangered species, and the development of appropriate management and mitigation programs. He has received training and expertise in a wide range of wildlife monitoring and survey techniques across multiple taxonomic groups, with particular emphasis on mammals (especially bats), birds, insects, herptofauna, aquatic organisms, and fish. He has designed and implemented large- scale research projects including behavioral, ecological, disturbance, and dispersal studies, with a strong foundation in research design and statistical analysis. Years of Experience Professional start date: 06/1993 RCC start date: 01/2002 Education J.D. Environmental Law, University of San Diego, 2012 Ph.D. Conservation Ecology, Joint Doctoral Program with University of California, Davis and San Diego State University, 2005 M.S. Biology, University of Nevada, Reno, 2000 B.S. Biology, with distinction, University of Nevada, Reno, 1997 Dr. Rahn has worked extensively on projects in collaboration with environmental lawyers and ecologists on the design, implementation, and evaluation of multi -species habitat conservation plans, mitigation and monitoring programs, the Endangered Species Act and various aspects of conservation planning including the selection of covered species, the implications of invasive species, monitoring, and disaster planning. Since then, Dr. Rahn has supported various organizations and agencies on state and federal environmental programs, watershed management plans, and environmental impact reports. Dr. Rahn is also experienced with the interpretation and application of environmental laws, including the Clean Air Act, Clean Water Act, Endangered Species Act, NEPA, and various applicable state laws (e.g. CEO.A, NCCP). Dr. Rahn has been involved in energy projects throughout his career, and has both a scientific and legal background in alternative energy development, siting, and design. His recent experience includes evaluation of FERC Orders and interconnection of alternative energy projects, assessments of wind energy and wildlife impacts, and the development of renewable energy projects that are compatible with agriculture and native habitat. Through Rahn Conservation Consulting, Dr. Rahn has created a private full-service environmental firm that provides support for environmental, planning, wildfire, energy, conservation, policy, and sustainability issues for clients such as the National Parks Service, Imperial Irrigation District, the Agua Caliente Band of Cahuilla Indians, San Diego County Water Authority, CalTrans, and CDF Firefighters, and CAL FIRE. Among his other Page 1 Matt Rahn ( Resume roles, Dr. Rahn has served as a member of the Board of Directors for the San Diego Regional Sustainability Partnership, and is the current Vice President for the Elsinore- Murietta-Anza Resource Conservation District. Currently, Dr. Rahn is serving as the Academic Director for the SDSU Environmental Sciences Program and Adjunct Faculty in Homeland Security. In 2012, he established the Wildfire Research Center, in collaboration with CAL FIRE, the International Association of Firefighters, and CDF Firefighters. Dr. Rahn provides strategic planning, development, and research support for the University, advising on land use, facilities development, ecosystem management, and conservation planning issues. Project Experience Survey and Ecology of Bats—Nevada, New Mexico, Califorrna Experienced bat biologist since 1994, including radio telemetry, echolocation recording/analysis, trapping, handling, mark/recapture, genetics, and night vision recording/thermal imaging. Able to survey/monitor caves, abandoned mines, riparian areas, general habitat, buildings, and bridges. Able to perform statistical analyses, habitat suitability modeling, and species distribution models for bats. Carlsbad Caverns National Park—Carlsbad, New Mexico Development of long-term echolocation monitoring stations within main caverns and various other park caves. Development of long- term habitat assessment program and landscape -level bat monitoring program throughout the National Park. CalTrans On -Call Biologist for the I-5 Widening Project— San Diego County, California Provided habitat assessments, bridge surveys, and design recommendations for a variety of projects related to bridge -roosting bats along the 1-5 corridor, including the successful development of an artificial bat roost used in mitigation. Imperial Irrigation District Natural Communities Conservation Plan Monitoring Plan—Imperial County, California Kelcey was Principal investigator for developing habitat assessment and bat species inventory for 500,000 acre planning area for support of the development of the IID HCP/NCCP. Nevada Cave and Abandoned Mine Research and Conservation—Great Basin and Mojave Deserts, Nevada Conducted survey of over 200 caves and abandoned mines throughout the Great Basin and Mojave Desert, NV. Included mist 2 Matt Rahn I Resume netting, harp traps, and hand captures of bats, cave and mine assessments, exit counts, and echolocation recording Pallid Bat Energetics and Telemetry Research—Reno, Nevada Conducted research on pallid bats, including cave surveys, radio telemetry tracking studies, and habitat assessments. Laboratory testing of bats using tritiated water (tritium oxide (T2O or 3H2O) to assess energy usage under varying temperature conditions and modes of activity and hibernation. Advisor and Professor for the Environmental Sciences Program at San Diego State University—San Diego, California Created curriculum and course content for entry-level and advanced environmental sciences students. Grew the Environmental Sciences program from seven to over 100 students between 2005 to present. Worked as a University educator since 1997 to present. Page 3 Kelcey Stricker Res u m e KELCEY STRICKER Avian Specialist Kelcey has more than seven years of experience as a field biologist, restoration ecologist, research coordinator and community education specialist. She has experience with study design and development, data collection, data analysis and interpretation, and report synthesis with a strong background in biological statistics. She specializes in wildlife movement, restoration, land management, and conservation planning. Her research interests also include wildlife movement and road ecology, conservation planning and management, and habitat restoration. She has experience with a variety of taxon including carnivores, bats, plants, small mammals (rodents) and invertebrates. She also has experience with restoration planning and implementation, including monitoring and adaptive management techniques. She has experience with reviewing and commenting on Environmental Impact Reports, and has a good knowledge of CEQA and NEPA. Project Experience Years of Experience Professional start date: 12/2004 RCC start date: 08/2008 Education M.S. Ecology, California State University San Marcos, San Marcos, 2013 (expected) B.S. Biology, San Diego State University, San Diego, 2004 Professional Memberships The Wildlife Society Association of Environmental Professionals American Association of University Women Metropolitan Airpark Environmental Impact Report and Restoration Plan(s)—Otay, California Kelcey has prepared a Biological Technical Report as well as an Environmental Impact Report and multiple mitigation and restoration plans which address sensitive biological resources within the proposed development footprint at Brown Field Metropolitan Airport. She has prepared a Biological Technical Report, Habitat Monitoring and Management Plan, Revegetation Plan, Conceptual Vernal Pool Restoration Plan, and Burrowing Owl Mitigation and Monitoring Plan to address impacts to multiple sensitive species found to be present on the project site. She has also consulted with agencies and stakeholders on behalf of the client to develop site-specific mitigation measures to address sensitive species issues. Lakeside Linkages Preserve Cactus Wren Habitat Restoration—Lakeside, California Kelcey is providing vegetation surveying, vegetation monitoring, and reporting for the installation of cactus wren habitat in disturbed areas of the Lakeside Linkages Preserve. She has assessed the property for probability of success for cactus wren Page 1 Kelcey Stricker I Resume habitat restoration and cactus wren occupation. She has also monitored the removal of invasive species, salvaging of cactus and other vegetation materials offsite, and installation of cactus. Cluster I Solar Burrowing Owl Impact Assessment—Imperial County, California Kelcey authored the impact analysis and mitigation for burrowing owl and migratory birds for a solar development in Imperial Valley. She also provided responses to comments on the EIR following public circulation. As Needed Mitigation Monitoring for the County of San Diego Department of Public Works—San Diego County, California Kelcey was responsible for several biological mitigation and monitoring projects, including Otay River Valley Regional Park, Viejas Road Bridge Widening, Valley Center Road Bridge Widening, Wildcat Canyon enhancement project/Pata Ranch mitigation, Black Canyon Road mitigation, and others. Work included establishing permanent monitoring transects and conducting qualitative and quantitative vegetation monitoring and photo point surveys, developing monitoring reports, analyzing success relative to success criteria and comparing annual monitoring results. Furby North Preserve Baseline Biological Survey—Otay, California Kelcey provided baseline biological surveys of the County of San Diego's Furby North Preserve in Otay Mesa, applying scientifically repeatable methods for habitat, rare plant, avian, bat, and small, medium, and large mammal surveys. She conducted habitat mapping, small mammal trapping, medium/large mammal tracking and remote camera capture analysis, wildlife corridor monitoring, cactus wren habitat assessment and delineation, invasive species mapping, and bat surveys using Anabat detectors. Carlsbad Caverns Bat Habitat Association Assessment— Carlsbad ssessmentCarlsbad Caverns National Park, Carlsbad, New Mexico Kelcey was responsible for project coordination, sensor installation and maintenance, data collection and synthesis, website copy generation and content administration, agency coordination and procurement management. Yellow Bat Monitoring for the Agua Caliente Tribe—Agua Caliente Tribal Land, California 2 Kelcey Stricken 1 Resume Kelcey collected and analyzed echolocation and thermal camera data to determine areas of foraging importance for the endemic yellow bat including daytime habitat assessment and multiple active nighttime surveys over three years. Data analysis included population distribution and density as well as migration patterns and essential habitat features. CalTrans Santa Clarita Restoration Project—Santa Claiita, California Kelcey assisted with the population assessment of Mexican free - tailed bats in restored habitat in Santa Clarita, California. Data collection and analysis included thermal camera daytime surveys of the bat colony present in a bridge as well as nighttime population counts. Page 3 Robert Chapman Resume ROBERT CHAPMAN Avian Specialist Robert has more than 10 years of experience as an active field biologist and consultant specializing in avian identification, habitat assessment, and handling. He specializes in species found throughout southern California including coastal California gnatcatcher, southwestern willow flycatcher, yellow - billed cuckoo, and least Bell's vireo. Robert has aided in banding, mist netting, and long-term monitoring of sensitive bird species in California and Arizona. Project Experience Resource Assessment Program for San Diego State University Field Stations Program—San Felipe Valley, California Served as the lead ornithologist. Responsible for research planning and design of avian monitoring as well as field assessments for southern California. Developed and conducted species-specific survey protocols, generated GIS and data analysis, and produced the multi -taxon final report. Responsible for grant proposal writing, research, conservation, and habitat monitoring planning. Yellow -billed Cuckoo Surveys Southern Sierra Research Station—Williams River and Colorado River, Arizona Served as a research assistant. Assisted with Yellow -billed Cuckoo surveys along the Bill Williams River and the Colorado River in Arizona. Surveys included tape play -backs, nest searching, nestling banding, and mist netting. US Geological Survey Least Bell's Vireo and Southwestern Willow Flycatcher Surveys—Camp Pendleton, Pendleton, California Served as a biological science technician. Conducted protocol Least Bell's Vireo and Southwestern Willow Flycatcher surveys at Camp Pendleton. Surveys included tape play -backs surveys, and vegetation measurement and assessment along a restored stream system. Years of Experience Professional start date: 08/1999 RCC start date: 01/2013 Education M.S. Biology, emphasis Ecology, San Diego State University, San Diego, 2005 B.S. Electrical Engineering, San Diego State University, San Diego, 1967 Professional Memberships Project Wildlife Page 1 Robert Chapman I Resume Index of Biological Integrity for Coastal Sage Scrub for San Diego State University Department of Biology—San Diego, California Served as a research assistant. Responsible for development and implementation of avian survey protocols and statistical analysis. Developed GIS database based on data collected in the field. Assisted with small mammal trapping, and vegetation transects. Sierra Nevada Bird Surveys at Sierra Nevada Field Camp— Sierra City, California Served as a field assistant. Assisted with mist netting, banding, identifying, sexing, aging, and handling of Sierra Nevada birds. 2 Mikael Romich 1 Resume MIKAEL ROMICH Senior Biologist Mikael Romich has 18 years of experience as a wildlife biologist, which includes 14 years in southern California. He has been the project manager and biological lead for numerous long linear and large complex projects, and has authored many environmental documents including Natural Environment Studies, Biological Assessments per ESA requirements, biological sections for various CEQA documents, management plans, and biological resources constraints analyses. He is knowledgeable of California and federal regulations and laws pertaining to biological resources, and has worked on several Section 7 consultations with the USFWS and 2081 permit applications with the DFG. His areas of expertise include small mammals and riparian birds, including species such as Los Angeles pocket mouse, San Bernardino kangaroo rat, Stephens' kangaroo rat, Mohave river vole, least Bell's vireo, southwestern willow flycatcher, and burrowing owl. Project Experience Tehachapi Renewable Transmission Project (TRTP) Biological Consulting—SCE, Los Angeles and San Bernardino Counties, California Served as work package manager. Biological tasks included coordinating, managing, and completing protocol focused surveys for burrowing owl, coastal California gnatcatcher, least Bell's vireo, southwestern willow flycatcher, yellow -billed cuckoo, and rare plants, as well as preconstruction surveys, nest monitoring, and biological clearance sweeps. In addition, developed and managed a complex project implementation schedule based on numerous contractor inputs that allowed proper timing and execution of biological surveys. Developed and managed a database that ensured consistent focused and preconstruction biological data collection across the project. Speaker at biological construction monitor training workshops to provide an overview of the project and prepare the monitors for their tasks. Other tasks included the management of specialty Years of Experience Professional start date: 03/2003 ICF start date: 04/2008 Education BS, Ecdogy, University of British Columbia, 1995 Post Baccalaureate Diploma, Environmental Science, Capilano University, 1998 Professional Memberships Association of Field Ornithdogists Certifications DFG Scientific Collecting Permit, SC - 7043; exp. 21212014 DFG MOU for Listed Birds and Mammals; exp. 12/30/2015 USFWS 10(a)1(A) Recovery Permit, #TE -068799-3 southwestern willow flycatcher (incl. nest monitoring), San Bernardino kangaroo rat, Stephen's kangaroo rat; expires 12/22/2015 Tortoise Egg Handling and Burrow Construction Certificate, 2004 Special Training Avian Interactions with Power Lines Workshop, 03/2009 Endangered Species Permitting Workshop, 04/2006 Desert Tortoise Council Workshop, 10/ 2004 Southwestern Willow Flycatcher Workshop, 05/2001, 05/2005 Page 1 Mikael Romich 1 Resume monitoring for least Bell's vireo when construction was within proximity of known territories with the use of sound measuring equipment. Also developed and implemented a burrowing owl relocation plan that included construction of artificial burrows. Sycamore Dam Improvements -Riverside County Flood Control and Water Conservation District, City of Riverside, Riverside County, California. Lead Biologist. Conducted Least Bell's vireo and southwestern willow flycatcher surveys within Sycamore Creek. On two occasions transient least Bell's vireo were detected. Old Waterman Canyon Road Bridge Improvement Project -City of San Bernardino and AECOM, City of San Bernardino, San Bernardino County, California Lead Biologist. Conducted least Bell's vireo and southwestern willow flycatcher surveys within Waterman Creek. Agua Mansa Commerce Center—AMB Property Corporation, Colton, California Lead biologist. Coordinated and conducted least Bell's vireo and southwestern willow flycatcher surveys. Authored al report summarizing the findings and discussed the potential impacts the project would have on these resources. Prepared the informal letter to initiate consultation. Assisted in the Section 7 consultation process between the Corps and the USFWS. Honeycrisp Transmission Line Assessment and Plant Survey— SCE, Calimesa and Beaumont, California Served as project manager for installation of an aboveground and underground transmission line. Coordinated necessary biological surveys, including a jurisdictional delineation, habitat assessment, rare plant survey, and vernal pool assessment. Authored the biological technical report, which also addressed consistency to the Western Riverside County MSHCP. One of the focal species was least Bell's vireo, as occupied habitat occurred in close proximity to the project limits. Coordinated necessary permitting of the project for impacts to jurisdictional waters. Mikael Romich 1 Resume Focused Riparian Bird Surveys for Lake Elsinore Advanced Pump Storage Project Alternative Line Routes— Environmental Impact Sciences, Riverside County, California Served as project biologist. While employed at MBA, analyzed a generator facility and several alternative transmission line routes where the alternative routes intersected riparian woodland vegetation that could be potential nesting habitat for the state and federally endangered southwestern willow flycatcher and least Bell's vireo Completed focused surveys for these species where suitable habitat was present. 1-15 Widening from San Bernardino to 1-215 EIRIEIS—Riverside County Transportation Commission, California Served as project biologist. Conducted focused surveys for least Bell's vireo and southwestern willow flycatcher. Also completed an analysis of the current culverts and their potential use by terrestrial wildlife for crossing underneath 1-15. This project overlaps targeted conservation areas of the Western Riverside County MSHCP and the pertinent analysis was completed. This information was incorporated into the NES for submittal to Caltrans and other agencies. Meadowpass Road Permitting Services—City of Walnut, California Served as lead biologist. Prepared a BA for project impacts to least Bell's vireo for submittal to USFWS. Attended a site meeting with USFWS staff during the formal Section 7 process. Assessed and analyzed a potential mitigation site for the presence of least Bell's vireo and to prepare the total additional acreage of suitable habitat for least Bell's vireo it could support. US 101 Bridge Replacement -Caltrans, Santa Clara River, City of Oxnard, California Served as project biologist. Duties included construction monitoring and nest tracking and monitoring. In addition, regular least Bell's vireo focused surveys were completed during the construction period, as well as nest monitoring with a camera and noise meter during pile driving events and during quieter periods (as a control), to record and evaluate potential indirect impacts Page 3 Mikael Romich 1 Resume during more potentially impactful construction events. Laguna Canyon Road Wetland Mitigation Construction Monitoring—Orange County Resources and Development Management Department, California Served as project biologist. Duties included conducting surveys for least Bell's vireo, southwestern willow flycatchers, and nesting birds for a two-mile long restoration project. Lake Machado Restoration and Wilmington Drain Multi -Use Regulatory Services—City of Los Angeles/CDM, Wilmington, California Served as lead biologist. Conducted focused surveys for least Bell's vireo and southwestern willow flycatcher. Conducted a macroinvertebrate study to evaluate pre -project water quality. Authored numerous documents, including a focused avian report, a biological technical report, macroinvertebrate survey results, and an invasive plant species report. A major role of this project is participating in public meetings and technical workshops, as a number of agencies and overlapping jurisdictions are participating in the planning process. Focused Avian Surveys—San Bernardino County Public Works Department, Mojave River and Santa Ana River, California Served as project manager. Competed focused surveys along the upper Santa Ana River and Mojave River in 2002, 2005-2007, and 2009 as part of ongoing monitoring effort of San Bernardino County Flood Control under their Section 7 approval from the USFWS. A final report summarizing the findings was generated. Riverside National Cemetery Master Plan -Department of Veteran Affairs, Riverside, Riverside County, California. Served as project manager for an existing conditions biological resource report for a 570 acre project area. Special status biological resources focused surveys included a jurisdictional delineation, rare plants, burrowing owl, least Bell's vireo, California gnatcatcher, fairy shrimp, and Stephen's kangaroo rat. Santa Paula WWTP, Biological Section of the EIR—City of Santa Paula, Ventura County, California Mikael Romich 1 Resume Lead biologist. Conducted focused surveys for least Bell's vireo and southwestern willow flycatcher on the Santa Clara River. Developed mitigation strategies to reduce the potential impacts to least Bell's vireo as habitat supported by outflow waters were occupied. Used field studies and findings to author the biological section of the EIR (36 hours, including 5 least Bell's vireo territories). Fillmore WWTP, Biological Section of the El R—City of Fillmore, Ventura County, California Lead biologist. Conducted focused surveys for least Bell's vireo and southwestern willow flycatcher on the Santa Clara River. Developed mitigation strategies to reduce the potential impacts to least Bell's vireo as habitat. (36 hours, including 4 least Bell's vireo territories). Tijuana River Estuary Focused Riparian Bird Surveys -San Diego County Parks, San Diego County, California. Lead biologist. Conducted focused surveys for least Bell's vireo and southwestern willow flycatcher on the Tijuana River (96 hours, including 80 least Bell's vireo territories). Page 5 Tricia Campbell I Resume TRICIA CAMPBELL Wildlife Biologist Tricia has 23 years of experience as an active field biologist and consultant, specializing in special status species biology and sensitive biological resource issues, with regional emphasis in southern California. Tricia conducts biological field investigations and reporting for CEQA and NEPA documents including EIRs and EISs, and NES and Natural Environment Study Minimal Impact (NESMI) documents, including detailed impact analyses. She is experienced with ESA Section 7 consultations and BAs and MMPs. She conducts focused surveys and/or habitat evaluations for listed special status species including arroyo toad, Quino checkerspot, burrowing owl, coastal California gnatcatcher, southwestern willow flycatcher, least Bell's vireo, and California yellow -billed cuckoo. Tricia has extensive knowledge and experience with southern California flora and fauna. Tricia has participated in land bird banding and mist -netting in California, Nevada, Alaska, and Missouri; she also has experience with in -hand age, sex, and species identification techniques. She has conducted avian field investigations and reporting for comprehensive biological monitoring studies such as the MAPS (Monitoring Avian Productivity and Survivorship) programs. Project Experience Years of Experience Professional start date: 08/1989 ICF start date: 05/2003 Education BA, Biology, California State University, Long Beach, 1989 Professional Memberships Western Bird Banding Association (Back Issues) California Native Plant Society Society for Conservation Bidogy The Wildlife Society Wilson Ornithdogical Society Certifications USFWS 10(a)1(A) Recovery Permit, #TE789266-10: southwestern willow flycatcher and coastal California gnatcatcher Auto Center Drive -Burlington Northern Santa Fe Grade Separation—City of Corona, Riverside County, California Served as lead biologist. Responsible for proving oversight and management of the biologist that performed and authored the reporting. Technical document was a NES. Studies included general reconnaissance, focused surveys for least bell's vireo and southwestern willow flycatcher (performed by Tricia Campbell), and habitat assessments for rare plants. Project proposed to grade separate the existing Auto Center Drive/BNSF at -grade railroad crossing in Corona. Page 1 Tricia Campbell 1 Resume New School No. 12 EIR—Grossmont Union High School District/ E2 ManageTech (formerly Essentia Management Services), Alpine, California Served as biologist. Performed the least Bell's vireo and southwestern willow flycatcher focused surveys for a proposed high school site. SR 94 Biological and Cultural Resources—Caltrans/Parsons Brinckerhoff, San Diego County, California Served as biologist. Managed team of biologists performing biological resource studies including delineation of jurisdictional waters and wetlands, focused surveys for Quino checkerspot, least Bell's vireo, southwestern willow flycatcher , coastal California gnatcatcher, rare plants, and arroyo toad, as well as wildlife corridor movement. Tricia Campbell performed focused surveys for southwestern willow flycatcher and least Bell's vireo. Primary author of the NES and provided engineering team with viable approaches to avoiding and minimizing impacts to biological resources. Victoria Avenue Bridge Retrofit—City of Riverside, Riverside, California Served as lead biologist. Managed and conducted constraints analysis field review and performed focused survey of least Bell's vireo and southwestern willow flycatcher. Delineation of jurisdictional waters and wetlands was necessary. Wrote biological resources constraints analysis report to support City's CEQA documentation. Willows Road Bridge Geotechnical Testing—County of San Diego Department of Public Works, Alpine, San Diego County, California Served as biologist. Performed the habitat assessment and focused survey for southwestern willow flycatcher for this bridge improvement project. SR 79 Widening Thompson Road Project Cultural, Biological, and Paleontological Studies—Riverside County Transportation Department, California Served as lead biologist. Managed team of biologists and delineators and wrote the NES and associated biological resource reporting. Studies included a delineation of federal and state Tricia Campbell 1 Resume jurisdictional waters and wetlands, wildlife movement, and focused surveys for rare plants, least Bell's vireo, southwestern willow flycatcher, and burrowing owl. Reporting including consistency review and a determination of biologically equivalent or superior preservation for impacts to riparian-riverine resources and smooth tarplant under the Western Riverside County MSCP. Black Canyon Road Bridge Protocol/Focused Surveys—County of San Diego Department of Public Works, Ramona, California Served as biologist. Performed the habitat assessment and focused survey for southwestern willow flycatcher, including reporting of results. I-15 and SR 74 Interchange Reconstruction—City of Lake Elsinore/ Lim and Nascimiento Engineering Corporation, Riverside County, California Served as lead biologist for this interchange project and connector road improvement project. Biology studies included fairy shrimp, burrowing owl, narrow endemic and criteria area plant evaluations, least Bell's vireo, southwestern willow flycatcher, raptor nesting, and colonial species roosting and nesting. Performed focused surveys for least Bell's vireo and southwestern willow flycatcher. Oversight of draft documentation that included a NES and the biological resources sections of the IS. Project is delayed. I-215 from Murrieta Hot Springs Road to Scott Road Environmental Document—Riverside County Transportation Commission/PBS&J, California Served as lead biologist for this roughly eight -mile long portion of an 1-215 improvement project. This was a Caltrans and Riverside County Transportation Commission project that involved complex coordination between the client, the Regional Conservation Authority, and the resource agencies (USFWS, DFG). Mitigation was agreed upon by both parties with environmental documentation being completed within one year. Biological resource work included general constraints analysis, delineation of jurisdictional waters and wetlands, and focused studies of rare plants, fairy shrimp, vernal pools, burrowing owl, least Bell's vireo, and southwestern willow flycatcher. Tricia Campbell performed the focused surveys for least Bell's vireo and southwestern willow flycatcher. Extensive review of wildlife corridor/linkage Page 3 Tricia Campbell 1 Resume was required. Primary author of the NES, the determination of biologically equivalent and superior preservation, and the MSCP consistency review, as well as complex mitigation of wildlife linkage/corridor impacts. I-215 from Scott Road to Nuevo Road Additional Lane Environmental Document —Riverside County Transportation Commission/PBS&J, Riverside County, California Served as lead biologist for this roughly 10 -mile Tong 1-215 improvement project within the boundaries of the western Riverside County MSCP. Studies included general biological resource constraints and focused studies of fairy shrimp (including vernal pools), narrow endemic and criteria area plant species, burrowing owl, least Bell's vireo, southwestern willow flycatcher (survey performed by Tricia Campbell), and wildlife linkage/ corridor resources. Project was regulatorily complex between Caltrans, the Riverside County Transportation Commission, USFWS, DFG, Corps, RWQCB, and the Regional Conservation Authority. Environmental documentation included an NES, MSCP consistency review, a determination of biologically equivalent and superior preservation, and detailed mitigation for impacts to vernal pools, federally listed plants, and an MSHCP linkage. Clinton Keith Road/I-215 Interchange (Project Study Report and IS/ EA)—City of Murrieta, Riverside County, California Served as lead biologist. Performed the biological resources documentation for this interchange project. Reporting included writing the NES and informal consultation with USFWS. Resource studies involved focused surveys for rare plants, burrowing owl, least Bell's vireo, southwestern willow flycatcher (survey performed by Tricia Campbell), fairy shrimp and delineation of jurisdictional waters and wetlands. A determination of biologically equivalent and superior preservation and consistency review for the Western Riverside County MSCP was provided. Meadowpass Road Extension EIR—City of Walnut, Los Angeles County, California Served as biological resources lead for this highly controversial road improvement project. Studies included general biological resources evaluation, delineation of jurisdictional waters and wetlands, and focused studies of California gnatcatcher, least Tricia Campbell 1 Resume Bell's vireo, and southwestern willow flycatcher (focused survey performed by Tricia Campbell). Reporting included biological resource sections of the EIR as well as a BA and Section 7 consultation with Corps, 2081 consultation with DFG, Section 404 permitting with Corps, RWQCB water quality certification, and a DFG 1602 stream bed alteration agreement. Negotiation of mitigation for take of least Bell's vireo was involved. SR 79 North GAP Project Riverside County Transportation Department/CH2M HILL, Unincorporated Riverside County, California Served as biological resource task lead for this County of Riverside Transportation Department project. Project was on a tight schedule and required full evaluation of biological resources including jurisdictional waters and wetlands, vernal pools, corridor/ linkage analysis, and focused surveys of fairy shrimp, burrowing owl, least Bell's vireo, southwestern willow flycatcher (survey performed by Tricia Campbell), and rare plants (narrow endemic and criteria area plant species). Reporting included a biological resources constraints analysis sufficient for an IS, a MSHCP consistency review, and a determination of biologically equivalent and superior preservation for impacts to criteria plants and riparian-riverine resources. SR 79 North Widening Project from Thompson Road to Domenigoni Parkway—Riverside County Transportation Department /CH2M HILL, California Served as biological resource task lead for this seven -mile Tong road improvement project. Investigations included delineation of jurisdictional waters and wetlands, focused studies of vernal pools, fairy shrimp, burrowing owl, least Bell's vireo, southwestern willow flycatcher (survey performed by Tricia Campbell), and rare plants (narrow endemics and criteria area plant species) as well as corridor/linkage analysis. Reporting included a NES with detailed mitigation for smooth tarplant and riparian-riverine resources. MSHCP consistency review and determination of biologically equivalent and superior preservation was provided. Project coordination with the client, Riverside County Transportation Department, USFWS, and DFG was required. Page 5 Murrieta Creek Bridge Replacement 4.0 Cost Proposal CONSERVATION CONSULTING LLC Provided below are the standard hourly rates and a summary of costs as well as a total project cost. The full fee schedule is uploaded to the cost file in PlanetBids per the RFP for this project. Personnel Rate Dr. Matt Rahn, Project Principal Ms. Kelcey Stricker, Project Lead Mr. Robert Chapman, Avian Specialist Mr. Mikael Romich Ms. Tricia Campbell $80-100/hour $80/hour $60/hour $90/hour $90/hour Project Cost Rate Hours Total Education and Training Pre -construction Contractor Education Program Dr. Matt Rahn $80/hr 20 $1,600 Ms. Kelcey Stricker $80/hr 10 $800 Biological Surveys Pre -construction Nesting Bird Surveys Ms. Tricia Campbell $90/hr 20 $1,800 Mr. Mikael Romich $90/hr 20 $1,800 Burrowing Owl Surveys Ms. Kelcey Stricker $80/hr 40 $3,200 Dr. Matt Rahn $100/h( 20 $2,000 Mr. Robert Chapman $60/hr 20 $1,200 Pre -construction Bat Surveys Dr. Matt Rahn $100/hr 40 $4,000 Ms. Kelcey Stricker $80/hr 40 $3,200 On-going Construction Monitoring Dr. Matt Rahn $100/hr 100 $10,000 Ms. Kelcey Stricker $80/hr 160 $12,800 Mr. Robert Chapman $60/hr 20 $1,200 Ms. Tricia Campbell $90/hr 10 $900 Mr. Mikael Romich $90/hr 10 $900 Biological Survey Subtotal $43, 000 Data Analysis, Reporting, and Meetings Dr. Matt Rahn $80/hr 40 $3,200 Ms. Kelcey Stricker $80/hr 20 $1,600 Mr. Romich/Ms. Campbell $90/hr 8 $720 Mr. Chapman $60/hr 8 $480 Subtotal $6, 000 Project Total* $51,400 CITY OF TEMECULA Capital Improvement Program Fiscal Year 2013-17 MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) Circulation Project Proiect Description: This project includes the design and construction of a new bridge and approach roadways which meet current safety standards and compatibility with the City's circulation element and the planned Murrieta Creek Improvement Project. The new bridge will meet the United States Army Corps of Engineer's (USACE) Creek Improvement Project needs. The cost will count towards the City's contribution to the USACE Project. Project includes removal of the existing bridge, pavement, curb and gutter, sidewalk and storm drain facilities, and environmental studies and mitigation. Benefit / Core Value: This project improves traffic safety and circulation. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: The design to replace the existing bridge is complete and environmental clearance has been obtained from the California Department of Transportation (Caltrans). The project is estimated to be complete by December 2013. Department: Public Works—Account No. 210.165.743 Level: I Project Cost: Actuals to Date Future Total 2012-13 2013-14 2014-15 2015-16 2016-17 Years Project Cost Administration $ 308,460 $ 225,265 $ 533,725 Construction $ 41,729 $6,100,000 $ 6,100,000 Construction Engineering $ 975,063 $ 150,510 $ 150,510 Design $ 698,090 $ 6,047 $ 704,137 MSHCP $ 10,242 $ 294,758 $ - $ - $ - $ - $ - $ 305,000 Totals $ 1,016,792 $6,776,580 $ - $ - $ - $ - $ - $ 7,793,372 Actua Is Source of Funds: to Date Future Total 2012-13 2013-14 2014-15 2015-16 2016-17 Years Project Cost Capital Project Reserves $ 41,729 $ 41,729 DIF (Street Improvements) $ 975,063 $ 526,070 $ 1,501,133 HBP $6,250,510 $ 6,250,510 Total Funding: $ 1,016,792 $6,776,580 $ - $ - $ - $ - $ - $ 7,793,372 Future Operation & Maintenance Costs: 2012-13 2013-14 2014-15 2015-16 2016-17 $ 10,200 1 $ 10,404 1 $ 10,612 1 $ 10,824 1 $ 11,041 57 MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) Circulation Project Location Aerial Data - March 2010 0 60 120 Feet 240 Item No. 9 Approvals City Attorney Director of Finance City Manager M -r. OtOL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: March 26, 2013 SUBJECT: Acceptance of certain Public Streets into the City -Maintained System within Tract Nos. 32437-1, 32437-2, 32437-3 and 32437-F (located northeasterly of the corner of Ynez Road and Date Street - Harveston) PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULAACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED SYSTEM (WITHIN TRACT NOS. 32437-1, 32437-2, 32437-3 AND 32437-F) BACKGROUND: Tract Map Nos. 32437-1, 32437-2 32437-3 and 32437-F were recorded by the County Recorder on November 23, 2005. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the four maps. The City Clerk accepted the offers of dedication. City Public Works staff has reviewed and inspected the public improvements and determined that all required repairs and replacements were satisfactorily completed. The Warranty Bonds will be released at the end of the one-year period in March, 2014. The Labor & Materials Bonds will be released six months into the one-year warranty period in September, 2013. The public streets (and associated public drainage improvements) now being accepted by this action are as follows: Tract 32437-1 Waverly Way, portion of Charlesburg Drive, portion of Charlesburg Drive, Lock Haven Court, Clarion Court, Anselmo Way, Quincy Lane and portion of Wenham. Tract 32437-2 Portion of Brandon Lane, Portland Place, portion of Savoy Lane, portion of Emery Drive, Avon Lane, Garrison Drive and portion of Albion Court. Tract 32437-3 Portion of Charlesburg Drive, portion of Savoy Lane, portion of Emery Drive and portion of Wenham Way Tract 32437-F Portion of Emery Drive, Dayton Lane, Prescott Way, Albion Court, Crofton Place and Landrum Place. FISCAL IMPACT: Periodic surface and/or structural maintenance will be required every five to eight years. ATTACHMENTS: Resolution RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED SYSTEM (WITHIN TRACT NOS. 32437-1, 32437-2, 32437-3 AND 32437-F) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Tract Map Nos. 32437-1, 32437-2, 32437-3 and 32437-F were recorded by the County Recorder at November 23, 2005 in which offers of dedication for street and public utility purposes were accepted by the City of Temecula from Harveston LLC, a Delaware Limited Liability Company. Section 2. City Public Works staff reviewed and inspected the public improvements and all repairs and replacements were satisfactorily completed. Section 3. Only the Warranty Bond and Labor & Materials Bond pertaining to this tract have not been released. Section 4. The City Council of the City of Temecula hereby accepts into the City -Maintained Street System the streets and associated public drainage improvements offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26th day of March, 2013. Michael S. Naggar, 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. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of March, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Maps 32437-1, 32437-2, 32437-3 and 32437-F into the City -Maintained Street System as described as follows: Tract Map 32437-1 1. Lot "A" (Waverly Way) of said Tract Map No. 32437-1 2. Lot "B" (portion of Charlesburg Drive) of said Tract Map No. 32437-1 3. Lot "C" (portion of Charlesburg Drive) of said Tract Map No. 32437-1 4. Lot "D" (Lock Haven Court) of said Tract Map No. 32437-1 5 Lot "E" (Clarion Court) of said Tract Map No. 32437-1 6. Lot "F" (Anselmo Way) of said Tract Map No. 32437-1 7. Lot "G" (Quincy Lane) of said Tract Map No. 32437-1 8. Lot "H" (portion of Wenham Way) of said Tract Map No. 32437-1 Tract Map 32437-2 1. Lot "A" (portion of Brandon Lane) of said Tract Map No. 32437-2 2. Lot "B" (Portland Place) of said Tract Map No. 32437-2 3. Lot "C" (portion of Savoy Lane) of said Tract Map No. 32437-2 4. Lot "D" (portion of Emery Drive) of said Tract Map No. 32437-2 5. Lot "E" (Avon Lane) of said Tract Map No. 32437-2 6. Lot "F" (Garrison Drive) of said Tract Map No. 32437-2 7. Lot "G" (portion of Albion Court) of said Tract Map No. 32437-2 Tract Map 32437-3 1. Lot "A" (portion of Charlesburg Drive) of said Tract Map No. 32437-3 2. Lot "B" (portion of Savoy Lane) of said Tract Map No. 32437-3 3. Lot "C" (portion of Emery Drive) of said Tract Map No. 32437-3 4. Lot "D" (portion of Wenham Way) of said Tract Map No. 32437-3 EXHIBIT "A" (continued) Tract Map 32437-F 1. Lot "A" (portion of Emery Drive) of said Tract Map No. 32437 2. Lot "B" (Dayton Lane) of said Tract Map No. 32437 3. Lot "C" (Prescott Way) of said Tract Map No. 32437 4. Lot "D" (Albion Court) of said Tract Map No. 32437 5. Lot "E" (Crofton Place) of said Tract Map No. 32437 6. Lot "F" (Landrum Place) of said Tract Map No. 32437 EXHIBIT "B" RESOLUTION NO. 2013 - TRACT MAP 32437-1 SHEET 1 OF 1 City of Tomoeula iN VICINITY MAP NO SCALE EXHIBIT "B" RESOLUTION NO. 2013 - TRACT MAP 324372 SHEET 1 OF 1 TEMECULA PROMENADE MALL VICINITY MAP NO SCALE EXHIBIT "B" RESOLUTION NO. 2013 - TRACT MAP 32437-3 SHEET 1 OF 1 VICINITY MAP NO SCALE EXHIBIT "B" RESOLUTION NO. 2013 - TRACT MAP 32437 SHEET 1 OF 1 City of Temecula OF .M�-1EtA .----I' VICINITY MAP NO SCALE CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS MEMORANDUM TO: City Council/City Manager FROM: mer Attar, Principal Engineer DATE: March 26, 2013 SUBJECT: Item No. 9 — Council Agenda of March 26, 2013 Acceptance of certain Public Streets into the City -Maintained System within Tract Nos. 32437-1, 32437-2, 32437-3 and 32437-F (located northeasterly of the corner of Ynez Road and Date Street - Harveston) Subsequent to the Tract Map being recorded a Certificate of Correction, changing the name of the street that used to be called "Portland Place " to `Amesbury Lane" was recorded. Since the agenda Report and the exhibits attached to the resolution reflect the old street name, we have consulted with the City Attorney and he advised to modify the effected exhibits and forward them to you. Attached are revised Exhibit "A" and the sheet titled "Exhibit "B" Resolution No. 2013-, Tract Map 32437-2" of Exhibit "B." Please note that Exhibit "B" attached to the resolution contains four sheets; the updated sheet I am sending you replaces the one sheet with the number "2" at the end, i.e., 32437-2. All other three sheets remain the same. The following are the changes made to the two exhibits: • Exhibit "A" — Page 1, under the heading "Tract Map 32437-2, line No. 2, "Portland Place" was changed to read "Amesbury Lane, formerly Portland Place." • Exhibit "B," Sheet 32437-2 Only — Change the name of the street "Portland Place" to "Amesbury Lane, formerly Portland Place." 3/26/13 1 EXHIBIT "A" Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Maps 32437-1, 32437-2, 32437-3 and 32437-F into the City -Maintained Street System as described as follows: Tract Map 32437-1 1. Lot "A" (Waverly Way) of said Tract Map No. 32437-1 2. Lot "B" (portion of Charlesburg Drive) of said Tract Map No. 32437-1 3. Lot "C" (portion of Charlesburg Drive) of said Tract Map No. 32437-1 4. Lot "D" (Lock Haven Court) of said Tract Map No. 32437-1 5 Lot "E" (Clarion Court) of said Tract Map No. 32437-1 6. Lot "F" (Anselmo Way) of said Tract Map No. 32437-1 7. Lot "G" (Quincy Lane) of said Tract Map No. 32437-1 8. Lot "H" (portion of Wenham Way) of said Tract Map No. 32437-1 Tract Map 32437-2 1. Lot "A" (portion of Brandon Lane) of said Tract Map No. 32437-2 2. Lot "B" (Amesbury Lane, formerly Portland Place) of said Tract Map No. 32437-2 3. Lot "C" (portion of Savoy Lane) of said Tract Map No. 32437-2 4. Lot "D" (portion of Emery Drive) of said Tract Map No. 32437-2 5. Lot "E" (Avon Lane) of said Tract Map No. 32437-2 6. Lot "F" (Garrison Drive) of said Tract Map No. 32437-2 7. Lot "G" (portion of Albion Court) of said Tract Map No. 32437-2 Tract Map 32437-3 1. Lot "A" (portion of Charlesburg Drive) of said Tract Map No. 32437-3 2. Lot "B" (portion of Savoy Lane) of said Tract Map No. 32437-3 3. Lot "C" (portion of Emery Drive) of said Tract Map No. 32437-3 4. Lot "D" (portion of Wenham Way) of said Tract Map No. 32437-3 EXHIBIT "A" (continued) Tract Map 32437-F 1. Lot "A" (portion of Emery Drive) of said Tract Map No. 32437 2. Lot "B" (Dayton Lane) of said Tract Map No. 32437 3. Lot "C" (Prescott Way) of said Tract Map No. 32437 4. Lot "D" (Albion Court) of said Tract Map No. 32437 5. Lot "E" (Crofton Place) of said Tract Map No. 32437 6. Lot "F" (Landrum Place) of said Tract Map No. 32437 o 4 EXHIBIT "B" RESOLUTION NO. 2013 - TRACT MAP 32437-2 MET 1 OF 1 VICINITY MAP NO SCALE AMESgURY SNE (FORMERLY PORTLAND PLACE) TEMECULA COMMUNITY SERVICES DISTRICT Item No. 10 ACTION MINUTES of March 12, 2013 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:59 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS • Bret Kelley • Ernie White CSD CONSENT CALENDAR 11 Action Minutes — Approved Staff Recommendation (3-0-2, Directors Comerchero and Roberts absent) Director Washington made the motion; it was seconded by Director Naggar; and electronic vote reflected approval, with two absent. RECOMMENDATION: 11.1 Approve the action minutes of February 26, 2013. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 8:08 P.M., the Community Services District was formally adjourned to Tuesday, March 26, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes 031213 1 Item No. 11 Approvals City Attorney Director of Finance City Manager OuL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Tamra Irwin, Acting Director of Community Services DATE: March 26, 2013 SUBJECT: Agreement with San Dieguito Printers for Printing Services PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: Approve an Agreement with San Dieguito Printers for the printing services necessary to produce nine issues of the Guide to Leisure Activities over a three-year period with two one-year options for renewal. The cost of printing the brochure annually is as follows: • FY12-13 • FY13-14 • FY14-15 • FY15-16 $16,952, plus a contingency of 10% $1,695.20 $52,044, plus a contingency of 10% $5,204.40 $54,247, plus a contingency of 10% $5,424,70 $37,294, plus a contingency of 10% $3,729.40 The total is not to exceed $160,537, plus a contingency of 10% in the amount of $16,053.70 for a possible combined total of $176,590.70. BACKGROUND: Since incorporation, the Community Services Department has been proud to provide the residents of Temecula a printed activity guide that offers information and opportunities for leisure, cultural and educational activities throughout the City. The brochure serves as the primary marketing tool and continues to assist in building a sense of community through people, parks and programs. As a result of continued increased participation levels and additional programming options, the brochure is scheduled to be printed three times annually. Therefore, a Request for Proposal was recently released through Planet Bids to inform potential printing professionals that the City of Temecula was in need of printing services to produce the Community Services Guide to Leisure Activities. The Request for Proposal was released to fifty potential qualified printing professionals. Staff received three completed proposals from the following firms: • Pacific Graphics Incorporated • PSB Integrated Marketing • San Dieguito Printers Based upon the vendor's qualifications, seventy-seven years of printing experience, overall cost and sound references, staff is recommending award of contract to San Dieguito Printers. FISCAL IMPACT: The $18,647.20 need for the remainder of Fiscal Year 2012-13 is available in the Community Services Department expenditure budget. All future years funding will be requested through the annual budget process. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND SAN DIEGUITO PRINTERS PRINTING SERVICES THIS AGREEMENT is made and effective as of March 26, 2013, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and San Dieguito Printers, a Sole Proprietor (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on March 26, 2013 and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2015, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one (1) year terms. In no event shall the contract be extended beyond December 31, 2017. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Sixty Thousand Five Hundred Thirty Seven Thousand Dollars and No Cents ($160,537.00) plus a 10% contingency of $16,053.70 for a total Agreement amount of One Hundred Seventy Six Thousand Five Hundred Ninety Dollars and Seventy Cents ($176,590.70) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The General Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by the District. Any additional work in excess of this amount shall be approved by the the District. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Chief Financial Officer. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. 1) General Liability: One bodily injury, personal injury and property damage. other form with a general aggregate limit is used, separately to this project/location or the general occurrence limit. Consultant shall maintain limits no less than: Million Dollars ($1,000,000) per occurrence for If Commercial General Liability Insurance or either the general aggregate limit shall apply aggregate limit shall be twice the required 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 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 Consultant: 14. ASSIGNMENT San Diegito Printers Attn: Chris Baker 1880 Diamond Street San Marcos, CA 92078 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during hisiher tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non - substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES SAN DIEGUITO PRINTERS DISTRICT By: By: Jeff Comerchero, TCSD President Chris Baker, Sales and Marketing Manager ATTEST: By: Susan W. Jones, MMC, City Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT San Dieguito Printers 1880 Diamond Street San Marcos, Ca 92078 Phone: (760) 593-5139 Fax: (760) 744-5811 chrisb@sd-print.com PM Initials: D f� p Date: EXHIBIT A Tasks to be Performed RECREATION BROCHURE SPECIFICATIONS AND SCOPE OF WORK The purpose of this project is to provide the City of Temecula with a professional guide to City leisure activities. It is envisioned that the end result of this project will be used to inform the general public of all leisure, sports, special events, social and cultural activities and services available through the Community Services Department. SPECIFICATIONS: • Vendor will be responsible for the printing, binding and delivery of the City of Temecula's Guide to Leisure Activities three times annually. • Produce nine (9) issues of the City of Temecula's Guide to Leisure Activities. Brochures must be printed and distributed: April 2013 August 2013 December 2013 April 2014 August 2014 December 2014 April 2015 August 2015 December 2015 • Vendor will supply District staff with the production schedule. Vendor will guarantee the brochure will be prepared timely for distribution by direct mail. • The brochure will be either a forty-eight or fifty-two page 8-1/2" x 11" full color (4/4) on 70 Ib. coated book paper using high quality ink and prints. • The Community Services Department will work with Vendor, in advance, to determine the final number of pages, per brochure, necessary to be printed (either 48 or 52). The final cost will be reflected as stated in Exhibit B. • A minimum of 38,000 printed and bounded copies of each issue will be required for distribution. • Submit a high resolution proof for approval, as needed, by the Community Services Department prior to printing. Any final printing of the brochure without a final authorized by Community Services staff will result in non-payment. • The City recognizes its role in certifying the accuracy of the publication from the receipt of the approved final proof to the printing press. • Divide brochure by postal route, label, route, and deliver to the U.S. Post Office for bulk direct mail delivery, and to the Community Services Department office located at 41000 Main Street, Temecula. EXHIBIT B Payment Rates and Schedule Total price for services and product outlined in the Consultant proposal attached hereto and incorporated herein as though set forth in full shall not exceed One hundred sixty thousand five hundred and thirty seven thousand dollars ($160,537) plus a 10% contingency of $16,053.70. The final cost per brochure will be determined by the need to print either a forty-eight (48) or fifty-two (52) page brochure. The overall cost identified above is based upon nine (9) fifty-two page brochures printed and delivered to the U.S. Post Office. 2012/13 2013/14 2014/15 2015/16 Per 1,000+ San Dieguito FY 48 Page 52 Page FY 48 Page 52 Page FY 48 Page 52 Page FY 48 Page 52 Page 48 Page 52 Page April $ 15,034.00 $16,952.00 August $15,034.00 $16,952.00 August $15,786.00 $17,800.00 August $16,538.00 $18,647.00 $ 345.00 $ 376.00 December $15335.00 $17,292.00 December $15,786.00 $17,800.00 December $16,538.00 $18,647.00 April $15,786.00 $17,800.00 April $16,538.00 $18,647.00 $ 15,034.00 $16,952.00 $46,155.00 $52,044.00 $48,110.00 $54,247.00 $33,076.00 $37,294.00 (SEE ATTACHED EXHIBIT B PRICING FORM FROM CONSULTANT PROPOSAL) COUNCIL BUSINESS Item No. 12 Approvals City Attorney Director of Finance City Manager P7A-r- OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk DATE: March 26, 2013 SUBJECT: Appointment of City Council Member to serve on a Military Ad Hoc Subcommittee RECOMMENDATION: Convert the Military Liaison Representative Assignment to a Military Ad Hoc Subcommittee and appoint a second member of the City Council to serve on this Subcommittee. BACKGROUND: On January 22, 2013, City Council approved the 2013 Committee Assignments. Council Member Comerchero was appointed as the Military Liaison Representative for the City Council. With the adoption of the Parking Signage for Combat Wounded Warriors Program, which was adopted at the March 12, 2013 City Council meeting, there is a desire to create a Military Ad Hoc Subcommittee as well as have two members for future military related issues. To make this an Ad Hoc Subcommittee, another City Council Member will need to be appointed. FISCAL IMPACT: None 1 Item No. 13 Approvals City Attorney Director of Finance City Manager 07x -r - eta. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: March 26, 2013 SUBJECT: Approval of the Farmer's Market Operating/Licensing Agreement with Farmer's Market Management, Inc. PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Approve a new Licensing/Operating Agreement with Farmer's Market Management, Inc. for the management and operation of a Certified Farmer's Market on the public parking lot located at the northwest corner of Mercedes Street and Sixth Street. BACKGROUND: On May 22, 2012, the Successor Agency to the Temecula Redevelopment Agency executed the Third Amendment to the Farmer's Market License Agreement with Farmer's Market Management, Inc. for the use of the public parking lot located at the northwest corner of Mercedes Street and Sixth Street. The Third Amendment extended the expiration date of the Agreement from December 31, 2012 to April 1, 2013 to enable the Successor Agency and the City of Temecula time to complete the confirmation of title to the Sixth Street property. The Successor Agency recommended that the Old Town Steering Committee evaluate the possibility of issuing a "Request for Proposal" (RFP) for the management of the Farmer's Market. On January 15, 2013, the Old Town Steering Committee, consisting of Mayor Naggar and Councilman Roberts, met to discuss the possibility of issuing an RFP for the management of the Farmer's Market and to consider issues that need to be addressed in a new Licensing and Operating Agreement. The title of the property has been confirmed to be owned by the City. The Old Town Steering Committee recommended that staff does not issue an RFP, but to negotiate a new Licensing and Operating Agreement between the City and the current operator and manager, Farmer's Market Management, Inc. for the use of the public parking lot located at the northwest corner of Mercedes Street and Sixth Street. On January 22, 2013, City Council approved the recommendation of the Old Town Steering Committee that staff shall not issue an RFP for the management of a Certified Farmer's Market. City Council directed staff to negotiate a new Licensing and Operating Agreement that addresses the following issues. Definition of "handcrafted" items A "handcrafted item" is defined as at least fifty percent (50%) of the individual item to be sold is made or constructed by the vendor in a manner reflecting personal care or special skill and not mass produced. Handcrafted items shall be items made exclusively by the local vendor renting the booth or his or her personal assistant. The studio or shop of the vendor of handcrafted items and his or her personal assistant shall be located within the Counties of Riverside, San Diego, Imperial, San Bernardino, Orange or Los Angeles. Except for health items and nutrition items, items made by persons other than the local vendor or his or her personal assistant and purchased for the purpose of resale are not "handcrafted items" and shall not be sold by a vendor. Examples of handcrafted items include hand -knitted sweaters or dresses, hand -made jewelry, woodworking, hand -carved items and similar handcrafted items. Embellishing of existing products shall not be considered "handcrafted." Application to sell handcrafted items Any vendor wishing to sell handcrafted items must complete an application and be approved by both the operator and the City. This process will include providing a list of people allowed to sell the product and a mechanism for complaints. Complaints will be investigated within one week by a designated Code Enforcement Officer. When the new Agreement is executed, the process for dealing with violations of this item will be identified, including, but not limited to, revoking the permit of the vendor and/or the agreement with the operator. Definition of Old Town Merchant "Old Town Merchant" is defined as a single merchant at an established address in the Old Town Specific Plan area and no sublets or consignments are permitted. Adherence to the Agreement With the adoption of the new Operating and Licensing Agreement, Code Enforcement shall conduct weekly inspections at the Farmer's Market to ensure compliance with the Agreement. When Code Enforcement identifies a violation, they will issue a Notice of Violation to the vendor and to the Farmer's Market operator/manager. The vendor in violation of the agreement must cease operation or must be in compliance by the opening of the next Farmer's Market. If the vendor is still in violation of this Agreement, the operator/manager of the market shall be fined for each week the vendor remains out of compliance and revoke the vendor's Business License. The business and/or the operator can file an appeal to the notice of the violation within seven (7) business days of its issuance. The appeal will be heard by the Director of Community Development. The decision of the Director will be final. Number of booths for Old Town Merchants Ten percent of vendor spaces within the Farmer's Market shall be dedicated to Old Town. If there is a waiting list for Old Town Merchant vendors, current vendors are limited to a three- month term before a new merchant is rotated in. Licensing Fee for the Use of Publicly Owned Parking Lot After an evaluation of the time Code Enforcement dedicates towards the Farmer's Market each month, it is determined that the current licensing fee of $400 will sufficiently cover the costs of staff time. In addition, staff completed a brief survey of other Certified Farmer's Markets in Southern California and does not recommend increasing the fee at this time. City City Fee Notes Canyon Lake $0 City also forgives all permits Carlsbad $0 Only pays permit fees Corona $0 Dana Point $0 Del Mar $0 Manager contributes $275 per year towards utilities Huntington Beach $0 Murrieta $0 Newport Beach (Corona del Mar) $130/month Fee based on lost parking revenue Oceanside $0 Point Loma (San Diego) $0 Manager pays County and City permit fees Riverside $0 City pays the manager $450 per week and receives profits San Clemente $225/month FISCAL IMPACT: Per the License Agreement, Farmer's Market Management, Inc. will provide $400 per month for the license fee to the City. ATTACHMENTS: Operating/Licensing Agreement with Farmer's Market Management, Inc. LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND FARMER'S MARKET MANAGEMENT, INC.FOR USE OF A PORTION OF CITY PROPERTY AT 6TH STREET AND MERCEDES STREET FOR A FARMERS MARKET THIS LICENSE AGREEMENT is made and entered into by and between the City of Temecula, a municipal corporation ("City"), Farmer's Market Management, Inc., a California corporation (hereafter "Market Manager") as of March 26, 2013. 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. City is the owner of property at the southwest corner of Sixth Street and Mercedes Street which is currently used as a public parking lot. This property is legally described and depicted on Exhibit A., attached hereto and incorporated herein by this reference as though set forth in full ("Property"). b. Market Manager has been operating the farmers market on the Property since January 1, 2003. c. The City and Market Manager desire to enter into this Agreement to provide the terms and conditions upon which Market Manager will operate a certified farmers market on the Property. d. As used in this Agreement, "Director" shall mean the Director of Community Development of the City of Temecula. 2. Grant of License. a. License. City hereby grants to Market Manager a license to use the Property for the Old Town Farmer's Market ("Farmer's Market") on the terms and conditions and for the uses hereinafter specified in this Agreement. b. Exclusive Right. Except as specifically provided hereinafter to the contrary, Market Manager shall have the exclusive right to use the Property for a certified farmers market subject to the regulations set forth in this Agreement. c. Date/Time of Usage. Market Manager may utilize the Property only on Saturdays. Business hours of the Farmer's Market shall be from 7:30 a.m. to 12:30 p.m. on Saturdays. Sales are allowed only during business hours. Set-up for the Farmer's Market shall be from 6:00 a.m. to 7:30 a.m. only on Saturdays. The Property must be vacated by 2:00 p.m. Saturdays. The Farmer's Market shall not be open during the Fall and Spring Rod Run Events, if they are conducted. The City shall notify Market Manager of the dates of the Fall and Spring Rod Run Events at least one (1) month prior to the events. d. Certified Producers. The Farmers Market shall be certified by the State of California as a "certified farmers market." Market Manager and its vendors shall sell agricultural products including, but not limited to fruits, vegetables, nuts, and plants at the farmers market in accordance with all applicable laws, rules and regulations, including, but not limited to, Title 3, Food and Agriculture, Division 3, Economics, -1- Chapter 1 Fruit and Vegetable Standardization, Subchapter 4, Fresh Fruits, Nuts, and Vegetables, Article 6.5, commencing at 3 Cal. Code Regs. §§1392 et seq. Vendors who are certified producers shall be located within in the certified farmers' designated area as shown on the approved Site Plan for City Planning Application No. PA 07-07-0290. e. Food Vendors (Non Agricultural). Market Manager and its vendors may sell specialty food items at the Farmer's Market such as soda, water, salsas, olives, cheeses, smoked food items, sausages, and similar specialty food items and may also sell food for on-site consumption such as popcorn, donuts, crepes, tamales, and similar food items for on-site consumption in accordance with all applicable laws, rules and regulations, including, but not limited to, Health and Safety Code Section 114371 and the rules and regulations of the County of Riverside, Department of Environmental Health. Market Manager shall provide to the City the list of food vendors (non- agricultural) from the quarterly application approved by the County of Riverside, Department of Environmental Health. Only food vendors (non-agricultural) who meet the criteria described above and who are approved by the County of Riverside, Department of Environmental Health shall be allowed to sell specialty food items in the Farmer's Market. f. Vendors (Non Agricultural/Non Food). Market Manager and its vendors may sell handcrafted items, health items or services, and nutrition items at the Farmer's Market and other products that relate to the theme of the Farmer's Market. The theme of the Farmer's Market is farming, gardening, and healthful living. Market Manager and Director shall approve each non-agricultural/non-food item before a vendor may sell it in the Farmer's Market. Only vendors (non-agricultural/non food) who meet the following guidelines and whose items are approved by the Market Manager and Director shall be permitted as vendors in the Farmer's Market: (1) "Handcrafted items" means that at least fifty percent (50%) of the individual item to be sold is made or constructed by the vendor in a manner reflecting personal care or special skill and not mass produced. Handcrafted items shall be items made exclusively by the local vendor renting the booth or his or her personal assistant. The studio or shop of the vendor of handcrafted items and his or her personal assistant shall be located within the Counties of Riverside, San Diego, Imperial, San Bernardino, Orange or Los Angeles. Except for health items and nutrition items, items made by persons other than the local vendor or his or her personal assistant and purchased for the purpose of resale are not "handcrafted items" and shall not be sold by a vendor. Examples of handcrafted items include hand -knitted sweaters or dresses, hand -made jewelry, woodworking, hand -carved items and similar handcrafted items. Embellishing of existing products shall not be considered "handcrafted." (2) Non -handcrafted products that fall within the theme of the Farmer's Market may be sold at the Farmer's Market if such items relate to farming, gardening or both. Examples of such items include gardening apparel, gardening implements, soil and potting materials and similar items. (3) Examples of items that are not handcrafted or within the theme of the Farmer's Market as described this section are retail or wholesale toys, ball caps, t -shirts, sports team apparel and accessories, sunglasses or any other retail or wholesale items not handcrafted or within the theme of the Farmer's Market. -2- (4) Each Vendor (Non Agricultural/Non Food) participating in the Farmer's Market shall file with the City a declaration in a form approved by the City certifying that the Vendor (Non Agricultural/Non Food) is only selling such merchandise as is authorized by this Agreement. g. Old Town Merchants. Any Old Town Merchant who wishes to participate in the market shall be given first priority when a non-agricultural/non food space becomes available. An "Old Town Merchant" is a merchant who: (1) conducts a retail business open to the public; (2) at an established storefront for such retail business within the City of Temecula's Old Town Specific Plan Area; (3) the established retail store front is owned by the merchant or rented or leased to the merchant on a monthly basis. The subletting of limited areas that are less than required by this subparagraph or shelf space in an existing store or consignments do not qualify a person to be an Old Town Merchant. Old Town Merchants may only sell inventory that is part of the Old Town Merchant's regular business. Market Manager shall prepare and make available to all interested Old Town Merchants an application packet that clearly outlines the requirements and process necessary to participate in the market in substantially the form as approved by the City. h. Vendor Space Old Town Merchants at the Farmer's Market. Market Manager shall allocate 10% of vendor spaces at the Farmer's Market for Old Town Merchants. If there is a waiting list for Old Town Merchants to occupy such spaces in the Farmer's Market, then the Old Town Merchants occupying such spaces in the Farmer's Market are limited to a three (3) month term based on seniority before a new Old Town Merchant shall be rotated into the Farmer's Market. i. Vendor Space of Non -Profits. Market Manager shall provide up to four (4) vendor spaces at the Farmer's Market on a weekly basis for local non-profit groups doing fundraising. If there are less than four non-profit groups seeking a booth for fundraising, Market Manager may rent the unused booths to other vendors, subject to the requirements of this Agreement, on a weekly basis until such time as additional non- profits seek a booth for fundraising. "Local non-profit groups" shall be those non-profit groups providing social, athletic or recreational services or activities for persons in the City of Temecula. Market Manager shall provide one booth for the dissemination of information about Old Town. j. Entertainers. Musicians and entertainers providing live performances within the theme of the Farmer's Market are not considered to be vendors. k. Maintenance. During the period Market Manager is occupying the Property, Market Manager agrees to maintain the Property in a clean and neat condition, free and clear of garbage and debris. No dumping, storage of hazardous or toxic waste, nor the maintenance of any nuisance, public or private, shall be permitted. I. Compliance With Laws. Market Manager and its vendors shall comply with all applicable federal, state and local laws, regulations and ordinances affecting the Farmer's Market. m. Clean -Up. Upon the conclusion of the farmers market on each Saturday, Market Manager shall return the Property in as good as condition and repair as the Property existed prior to the commencement of the farmers market. The parking lot shall be clean from litter, all trash barrels shall be emptied and all debris removed from adjacent planters. -3- n. Cooperation with City. Market Manager shall cooperate with and allow access to the Farmer's Market and the Property to all representatives of the City, City Code Enforcement and other governmental agencies with jurisdiction over the Farmer's Market for weekly inspection of the Farmer's Market or at such times as they determine necessary. If Code Enforcement identifies a violation, a Notice of Violation will be issues to the vendor and to the Farmer's Market operator/manager. The vendor in violation of the agreement must cease operation or must be in compliance by the opening of the next Farmer's Market. If at that time, the vendor is still in violation of this Agreement, the operator/manager of the market shall be fined for each week the vendor remains out of compliance and revoke the vendor's Business License. The business and/or the operator can file an appeal to the notice of the violation within seven (7) business days of its issuance. The appeal will be heard by the Director of Community Development. The decision of the Director will be final. o. License Fee. Market Manager shall pay to the City a license fee at a flat rate of $400 per month, payable to the City on the fifth (5th) day of each calendar month or the next business day thereafter. 3. Use Permits. This Agreement is not in lieu of obtaining a Use Permit or Outdoor Event Permit from the City. Market Manager shall procure all permits and licenses required by the City of Temecula or other governmental entities to conduct the use on the Property. Market Manager shall comply with all governmental rules, regulations, statutes, ordinances and conditions of approval of permits. 4. Term. This Agreement shall commence as of April 1, 2013, and shall remain in effect until terminated by the City pursuant to this Agreement. This Agreement may be terminated at any time, with or without cause, and for any reason by either party by providing two (2) months prior written notice of termination. The Agreement and use of the Property may be suspended by either party for breach of this Agreement, provided that, except for lapse or cancellation of insurance, the other party is given two (2) business days to cure the breach. 5. Liens. Market Manager shall not directly or indirectly, create or permit to be created or to remain, and will promptly discharge, at its expense, any mortgage, lien, encumbrance, charge, or pledge of the Property or fixtures or furnishings, or any part thereof. Market Manager shall indemnify the City for any liens which may be placed upon the Property as a result of Market Manager's actions or inactions, including the costs of the City to defend or remove such lien. 6. Improvements. Repairs and Maintenance. Market Manager shall make no substantial alteration or repair to the Property without the prior written consent of the Director. 7. Indemnification. Neither City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency shall not be liable for any loss, damages, or injury to person or property of any person occasioned by or arising out of any act of Market Manager or of anyone holding under Market Manager, nor the occupancy or use of the Property or any part thereof by or under Market Manager, nor directly or indirectly from any state or condition of said Property or any part thereof during the term of this Agreement. Market Manager shall defend, indemnify, protect and hold harmless City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency and their respective elected officials, officers, agents, volunteers, and employees ("Indemnified Parties") from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the Indemnified Parties may sustain or incur or which may be imposed upon them for -4- injury to or death of persons, or damage to property arising out of Market Manager's, its officers, employees, agents subcontractors, volunteers and persons attending Market Manager events on the Property, negligent or wrongful acts or omissions arising out of or in any way related to the performance or non performance of this Agreement or acts or omissions on the Property, excepting only liability arising out of the negligence of the Indemnified Parties. 8. Liability Insurance. Market Manager shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the use of the Property by Market Manager, its agents, representatives, employees or sublicensees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as the following coverages and any updated insurance industry standard policies: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01 11 85 or 88); (2) Insurance Services Office form number CA 00 01 06-92 covering Automobile Liability, code 1 (any auto); and (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance; provided, however, that if the Market Manager has no employees while performing under this Agreement, workers' compensation insurance is not required but Market Manager shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Market Manager shall maintain limits no less than: (1) General Liability: Two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement and the Property or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Workers' compensation as required by the State of California. Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed twenty five thousand dollars ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency and their respective elected officials, officers, agents, volunteers, and employees ("Additional Insureds") shall be covered as insureds as respects: liability arising out of activities performed by or on behalf of Market Manager; premises owned, occupied or used by Market Manager; or automobiles owned, leased, hired or -5- borrowed by Market Manager. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. (2) For any claims related to this project, Market Manager's insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insured maintained by the Additional Insureds shall be excess of the Market Manager's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Market Manager'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 clause shall be endorsed to state in substantial conformance to the following that: If the policy will be canceled before the expiration date the insured shall notify in writing the City of such cancellation not less than thirty (3) days prior the cancellation effective date. (6) If insurance coverage is canceled or, reduced in coverage or in limits, the Market Manager shall within two (2) business days of notice from the 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's rating of no less than A -:VII, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Market Manager shall furnish the City with original endorsements effecting coverage required by this paragraph. The endorsements shall be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements shall be on forms provided by the City. All endorsements shall be received and approved by the City before not less than thirty (30) before the event for which the insurance applies commences on the Property. g. Failure to Comply with Insurance Requirements. In the event the Market Manager fails to submit the required documentation for insurance to the Director within the times required by this Agreement or the Director receives notice or is made aware of the termination of any required insurance policy, the Director may immediately suspend Market Manager's right to use the Property and shall cause a notice of default to be issued to the Market Manager. 9. General a. Assignment and Subletting. Market Manager shall not assign its interest or performance obligation in this Agreement or in the Property to any person or entity without first obtaining the Director's written consent. Any assignment or sublicense without the Director's prior written consent shall be voidable and, at the Director's election, shall constitute a default. No consent of the Director should be required for agreements with vendors, concessionaires and advertisers at the Property, or booking or other performance agreements with entertainers. -6- b. Remedies. Each party shall have all remedies as may be allowed by law or equity to enforce its rights in this Agreement. Any such action shall be filed in Riverside County, California. The prevailing party in a court action shall be entitled to reasonable attorney's fees and costs. c. Covenants for Non -Discrimination. As required by law, the Market Manager hereby covenants that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis in State or Federal law, including but not limited to those listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the use, occupancy, tenure or enjoyment of the Property or operations of the activities thereon, nor shall the Market Manager establish or permit any such practice or practices of discrimination or segregation. The Market Manager shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Licensee to comply with this section. d. Compliance with Law. Market Manager shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services described in this Agreement. The Market Manager shall at all times observe and comply with all such ordinances, laws and regulations. The City, TCSD, Successor Agency to the Temecula Redevelopment Agency and their respective officers and employees, shall not be liable at law or in equity occasioned by failure of the Market Manager to comply with this section. e. Notice. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: City: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, CA 92589-9033 Attention: Director of Community Development Market Manager: Farmer's Market Management Company, Inc. c/o George and Gale Cunningham Post Office Box 1552 Fal!brook, CA 92088 f. Governing Law; Venue; Attorney Fees. The City and Market Manager 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 -7- 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. g. Prohibited Interest. No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Market Manager, or Market Manager's sub -contractors for its obligations under this Agreement during his/her tenure or for one year thereafter. The Market Manager hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Market Manager or Market Manager's sub- contractors on this project. Market Manager further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Ag ree me nt. h. Entire Agreement. This Agreement, and the documents attached hereto or mentioned herein, contain all of the agreements of the Parties hereto with respect to any matter covered or mentioned in this Agreement, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. i. Amendments. No provision of this Agreement may be amended or added to except by an agreement in writing. j• Agreement. Time of Essence. Time is expressly declared to be of the essence in this k. Authority to Execute. The person or persons executing this Agreement on behalf of Market Manager warrants and represents that he or she has the authority to execute this Agreement on behalf of the Market Manager and has the authority to bind Market Manager to the performance of its obligations hereunder and that all legal and contractual prerequisites to the approval of this Agreement on behalf of said party have been fulfilled. I. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. -8- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CITY OF TEMECULA Michael S. Naggar Mayor ATTEST: Susan Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney DB FARMER'S MARKET MANAGEMENT, INC. President Secretary -9- EXHIBIT A LEGAL DESCRIPTION OF PROPERTY All that portion of Lot 1 of Tract Map 23925, as shown by Map on file in Book 209 of Maps at pages 21 through 23, Records of Riverside County, California, Excepting the following describe area: Beginning at the most westerly corner of said Lot 1; Thence North 44° 25' 45" East, along the northwesterly line of said Lot, a distance of 147.87 feet; Thence South 45° 34' 15" East, a distance of 26.98 feet; Thence South 44° 25' 45" West, a distance of 18.33 feet; Thence South 45° 30' 01" East, a distance of 2.21 feet; Thence South 05° 45' 17" West, a distance of 35.51 feet; Thence South 45° 30' 01" East, a distance of 68.87 feet; Thence South 14° 29' 59" West, a distance of 36.24 feet; Thence South 44° 29' 59' West, a distance of 9.50 feet; Thence South 45° 30' 01" East, a distance of 11.62 feet to a point in the northwesterly right-of-way line of 6th Street as shown on said map; Thence South 44 ° 25' 43" West along said right-of-way line, a distance of 43.98 feet; Thence South 85 ° 53' 32" West along said right-of-way line, a distance of 22.69 feet to a point in the northeasterly right-of-way line of Front Street as shown on said map; Thence North 45 ° 30' 01" West along said right-of-way line, a distance of 134.92 feet to the Point of Beginning. -10- J g v c a+ N jp CO N d J N e 2p pp N U N 6 C 1 p?.0 oI , ..,..1,.... di.„4.... • ii h N OF . . ' . i ' 4 rfr, ....... • I J ,' Ivy I'*• 60.,., . s: . ., , /.,,,,,,,.,kii, . ,4 , S. . \ i 4\ 4kN' ...kb\'1 �i' r i' .leJ ' SSS, y.+ , b •92202302. Or '...;.k- 4 • lik‘. \ '. • \ ..'s C' • }4 1 4-.. Tod „4 _.. lr'11 1. ; \.� *.V ill I (C DEPARTMENTAL REPORTS Item No. 14 Approvals City Attorney Director of Finance City Manager *-1-- OtOL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: March 26, 2013 SUBJECT: Community Development Department Monthly Report PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Receive and file. The following are the recent highlights for the Community Development Department for the month of February. CURRENT PLANNING ACTIVITIES New Cases: The Planning Division received 60 new applications for administrative, other minor cases, and home occupations including 8 applications for public hearings during the month of February. A detailed account of current planning activities can be found at the end of this report. Mercedes Benz: On January 16, 2013, a Major Modification application was filed to reduce the size of the Mercedes Benz dealership building from the previously approved plans for an approximately 80,000 square foot building to be located at the northwest corner of Ynez Road and Waverly Lane. The project was first approved at the July 9, 2008 Planning Commission hearing. A Supplemental EIR was also adopted for the project at that Planning Commission hearing. A Major Modification was approved for the project on February 22, 2013. The Major Modification reduces the size of the building from approximately 80,000 square feet to 50,258 square feet and revises the architecture of the building. The applicant submitted grading plans on February 11, 2013 and resubmitted those plans on March 5, 2013. Building construction plans were submitted for plan check on February 12, 2013 and correction comments were sent to the applicant on February 27, 2013. The applicant intends to begin grading by mid-March 2013 and to begin building construction by mid-April 2013. (RICHARDSON, FISK) Subaru: On November 15, 2012, an application was filed for a Major Modification for the construction of a new 2,040 square foot Subaru sales building at the existing Mazda of Temecula site located at the southwest corner of Ynez Road and DLR Drive. The new building will include an inside display area for vehicles, as well as administrative offices. Servicing of Subaru vehicles will occur within the existing service bay areas of the Mazda dealership. The Planning Commission approved the Major Modification on February 6, 2013. Construction is expected to begin in March 2013 and the building is expected to be open for business in July 2013. (FISK) Temecula Regional Hospital: This project was approved by the City Council on January 22, 2008. Vertical construction for the first hospital bed tower began on February 13, 2012 and erection of the structural steel was topped out on March 22, 2012, and was substantially complete on May 16, 2012. The building is substantially framed and 90% of the drywall has been installed. Interior walls are being painted, suspended ceilings are being installed, installation of flooring has begun, and attachment and connections for all of the mechanical equipment are currently being made. Two of the four elevators in the building are operational, and the remaining two elevators are currently being installed. Approximately 170 people are working on the site and construction is on schedule fora July 22, 2013 completion of Phase I. (FISK) LONG RANGE PLANNING The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from an environmental review to a new specific plan or a general plan amendment. Some of the major projects and long range planning activities currently in progress are described in the paragraphs below. Twin Cities Transit Center Feasibility and Siting Study: On October 25, 2012, the Riverside Transit Agency (RTA) selected Psomas Engineering as the lead consultant to pursue a siting and feasibility study for the Twin Cities transit center. The purpose of this study is to evaluate and identify viable sites for a multi -modal transit center, to be located either in the City of Temecula or Murrieta. The study will evaluate which sites will best serve the needs of RTA, as well as the citizens of Temecula and Murrieta, while providing convenient connections to future Bus Rapid Transit (BRT), future High Speed Rail, third party carriers, and bicyclists. The key participants for this study include RTA, the cities of Temecula and Murrieta, Riverside County Flood Control, and Psomas (consultant). The project is fully funded with a combination of Federal, State and local monies, totaling $9.1 million. The multi -modal transit center is anticipated to consist of 10-14 bus bays and will be located either in the City of Temecula or City of Murrieta. The center will be the key transit hub for the Twin Cities area and will provide connections to Riverside and Hemet, as well express buses to San Diego County. The Twin Cities Transit Center will also be the main hub for future Bus Rapid Transit (BRT) and connections to the future High Speed Rail station. This study will select three potential sites and narrow down the three possible sites to one preferred site. A Mitigated Negative Declaration will be completed for the selected preferred transit center site. A kick-off meeting and a Steering Committee meeting have been held thus far on December 6, 2012 and January 28, 2013. Steering committee meetings will be held on a monthly basis from March 2013 - December 2013. (RICHARDSON, WATSON, BUTLER, GONZALEZ, INNES, WEST) Bike Lane and Trail Program (BLTP): On October 9, 2012, City Council adopted a resolution to reaffirm and clarify the Bike Lane and Trail Program Map. The map identifies existing bike lanes and trails, but also identifies gaps that need to be closed to complete a Citywide network. The map also classifies future bike lanes and trail routes to develop an Old Town to Wine Country Trail, a Lake Skinner Trail, and a Temecula Loop around the entire City. In addition, staff has met with representatives from the Sierra Club, National Park Service (NPS), Murrieta, Wildomar, and Riverside County on regional trail planning. The Sierra Club was awarded a Technical Assistance grant from the NPS and the southwest Riverside County municipalities are all participating with the purpose of creating a regional trail system and a partnership agreement to work with various utility districts to get easements opened up for trails. The City of Temecula Trails Subcommittee, consisting of Mayor Naggar and Council Member Washington, directed staff to solicit proposals for an update to the Multi -Use Trails and Bikeways Master Plan. The Request for Proposal calls fora two -phased approach by the selected consultant. Phase I will focus on public outreach workshops and citizen input and Phase II will update the new Multi -Use Trails and Bikeways Master Plan. Proposals are due March 11, 2013. (PETERS) Jefferson Avenue Study Area Specific Plan: The Jefferson Avenue Study Area encompasses approximately 560 acres and is located north of Rancho California Road, west of Interstate 15, south of Cherry Street and east of Diaz Road. In January 2011, City Council established the Jefferson Avenue Ad Hoc Subcommittee comprised of Mayor Ron Roberts and Council Member Jeff Comerchero. The Specific Plan is intended to guide the revitalization of this area over the next 15- 30 years. A project website was also established, www.envisionlefferson.orq, to track the visioning process and provide ongoing updates and information, via the web, to the public during the visioning process. Staff is currently working on developing the Specific Plan framework and plan organization based on the eight recommendations and goals that emerged from the public visioning process. Public meetings to present sections of the draft Specific Plan will occur intermittently over the next 18 months. The Environmental Impact Report will be prepared simultaneously as the Specific Plan document is developed and drafted. Plan completion is anticipated in late 2013 or early 2014. The Envision Jefferson website (www.envisionjefferson.orq) will be maintained for the duration of the preparation of the Specific Plan to ensure public participation and communication during the planning process. (RICHARDSON, WATSON, INNES, WEST) Caltrans Community Based Transportation Planning Grant: The City was awarded $248,200 from Caltrans for a Community Based Transportation Planning grant to fund a multi -jurisdictional transportation corridor planning study for the Highway 395 Corridor within the Cities of Temecula, Murrieta, Wildomar, and Lake Elsinore. The Highway 395 Corridor is a 16 -mile north/south arterial that parallels the west side of Interstate 15. The planning effort will promote public engagement, livable communities, and will analyze mixed-use development, and mobility access and safety along the Highway 395 Corridor. Fehr and Peers is the consultant for the project. Community outreach is coordinated through the SCAG Compass Blueprint Demonstration Project in conjunction with the Jefferson Avenue Study Area. The planning and outreach effort will to be completed in March 2013. For more information, visit www. highway395corridorstudv.orq. (WEST, INNES) SMER Open Space Preserve Plan: In June 2012, the City and San Diego State University (SDSU) staff met to discuss the possibility of a 50 -year lease on a portion of the Santa Margarita Ecological Reserve (SMER). At the conclusion of the meeting, the Trails Ad Hoc Committee was tasked by the Vice President for Research and the Dean of Science at SDSU to draft a concept paper outlining the benefits of SDSU leasing approximately 250 acres of land at the SMER to the City. As a result, an Open Space Preserve Plan emphasizing habitat preservation and restoration while providing access for recreation, such as multi -use trails, and education opportunities was completed and has been forwarded to SDSU for their consideration. If SDSU and the City agree to move forward with a lease, the next step will be to develop a more detailed management plan. (PETERS) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) & HOUSING Community Development Block Grant (CDBG): In 2012, City staff completed the development of a Five-year Consolidated Plan identifying priorities for the use of CDBG funding resources through 2016. On April 10, 2012, the City Council adopted the City's first Five -Year Consolidated Plan and Analysis of Impediments to Fair Housing Choice authorizing the City to become a direct recipient of CDBG funds from HUD. The annual grant agreement with HUD for $475,558 was executed on July 24, 2012. Additionally, the City entered into a Separation and Transfer Agreement with Riverside County for the transfer of approximately $1.1 million of previously programmed CDBG income. The City allocated FY2012-13 CDBG program funds to three public facility projects and six public service providers. In October 2012, the City began accepting applications for Fiscal Year 2013-14 public service funds. The City received ten applications from non-profit organizations seeking a portion of the 15 percent public service funding allocation. On November 26, 2012, staff held two CDBG workshops at the Conference Center. The outreach allows for community and citizen participation and feedback regarding annual CDBG funding, and provide technical assistance to public service applicants. Staff presented the Annual Action Plan and funding recommendations for FY2013-14 to the Finance Committee, consisting of Mayor Naggar and Council Member Washington, on February 26, 2013. The total anticipated FY 13-14 allocation is $380,446. The Subcommittee recommended allocating 20 percent for program administration and fair housing services ($76,089), 15 percent for public services ($57,067) to be divided evenly between seven non-profit service providers, and the remaining 65 percent for infrastructure improvements ($247,290). Following this recommendation from the Finance Committee, the Annual Action Plan will be noticed for a 30 -day public review period, and is tentatively scheduled for public hearing before the City Council on April 23, 2013. The Annual Action Plan must be submitted to HUD by May 15, 2013. (WEAVER) 2014-2021 Housing Element Update: State law requires the City to adopt an updated Housing Element and have it certified by the State Department of Housing and Community Development (HCD). City staff is collaborating with Pacific Municipal Consultants (PMC) to assist with the update of the Housing Element. Project efforts began in July 2012. Public outreach efforts include one workshop, a public review period, and two public hearings. On December 3, 2012, the City held a community workshop to discuss the Housing Element Update, and receive input from Temecula citizens regarding housing needs. Currently, staff is in the process of reviewing and finalizing the preliminary administrative draft for submission to HCD in late March. The project is on schedule for adoption by the City Council prior to October 15, 2013. (WEAVER) Housing Element Implementation Code Amendment: As part of the certified 2008-2014 Housing Element, the City is required to respond to Senate Bill 2, which clarifies and strengthens state housing element law to ensure local zoning ordinances encourage the development of a variety of housing types for all income levels. To be consistent with SB 2 mandates, the City has a legal requirement to allow for residential care facilities, transitional and supportive housing, and single room occupancy (SROs) residential uses by -right within residential zones, and to permit these type of uses the same as similar uses in the same zone. Staff has completed the proposed Ordinance and environmental review to address the required code amendments. The Code Amendment was presented to the Planning Commission on February 20, 2013. The Planning Commission recommended the City Council approve the proposed amendments, and the project is scheduled for adoption by the City Council on March 12, 2013. (WEAVER) ENERGY & CONSERVATION PROGRAM ACTIVITIES Electric Vehicle Charging Stations: The City now has four Electric Vehicle (EV) charging stations within Old Town Temecula. In October 2011, two EV charging stations were replaced at the 6th Street Parking Lot. In February 2013, two more EV charging stations were added to the top floor of the Old Town Parking Structure. The EV charging stations were funded through the California Energy Commission (CEC) together with ClipperCreek to upgrade existing publicly available EV charging infrastructure to the new SAE J1772 charging standard that has been adopted universally by all the BEV (battery electric vehicle) and PHEV (plug in hybrid electric vehicle) automakers in the US. The charging stations are available to the public at no charge. (WEST) Western Riverside Energy Leadership Partnership: This Partnership, which consists of 11 WRCOG member cities and Southern California Edison (SCE), provides performance-based programs and incentives for participating cities to develop and demonstrate energy efficiency leadership within their communities. Program activities include retrofitting or implementing energy efficiency measures at municipal facilities, developing an energy action plan, and providing opportunities for the community to take action in their homes and businesses. The program was granted an extension and is scheduled to be completed in March 2013. (WEST) Municipal Facility Energy Benchmarking: This project establishes the baseline performance of City facilities by assessing energy performance, water efficiency, and carbon emissions using the Environmental Protection Agency's Portfolio Manager. This effort will enable the City to track the performance of facilities over time and determine the cost effectiveness of policies. A draft report, including benchmarking policies, was completed in October 2012. The draft procedures and policy report is currently being reviewed by staff. It is anticipated the report will be brought to the City Council in early 2013. (WEST) Energy Action Plan (EAP): This project focuses on energy usage and energy reduction goals for City owned and operated facilities. A draft report was completed in September 2012, which established baseline energy use, policies, and procedures to reduce energy use at City facilities. The draft EAP is currently being reviewed by staff. It is anticipated the report will be brought to the City Council in early 2013. (WEST) The Green House Gas (GHG) Emissions Inventory: This project will establish a greenhouse gas emissions inventory for City owned and operated facilities. Data from the Energy Action Plan is used to establish a 2010 baseline for the emission inventory. A draft emission inventory was completed in September 2012. The draft report is currently being reviewed by staff. It is anticipated the report will be brought to the City Council in early 2013. (WEST) Revolving Energy Fund: This project establishes the framework to institute a revolving energy fund to improve the energy efficiency at City facilities. The activity will tie together the efforts of the Municipal Facility Energy Benchmarking and the Energy Action Plan to provide an ongoing funding source which will improve the energy efficiency of City facilities and save the City money over time. Staff is currently reviewing the draft policies and procedures guidelines. It is anticipated the report will be brought to the City Council in mid -2013. (WEST) Solid Waste and Recycling: Staff manages the City's Solid Waste and Recycling Franchise Agreement with CR&R Inc. and acts as a liaison between the City and CR&R and their customers, responding to customer inquiries, and assists with public outreach. The City and CR&R provide two citywide collection events each year. Residents can bring electronic waste, appliances, and large miscellaneous hard to handle items to these events. The next Citywide collection event is scheduled for March 9, 2013 at Chaparral High School. The temporary Household Hazardous Waste Collection Events (HHWE) and the Backyard Composting Workshops are County of Riverside Waste Management programs and are open to all Riverside County residents. An HHWE collection event was held on January 26, 2013. (WEST) Energy Efficiency and Conservation Block Grant Activities: In March 2010, the City was awarded grant funds through the American Recovery and Reinvestment Act (ARRA) to develop energy efficiency programs. The City was granted $940,700 from the Department of Energy (DOE) Energy Efficiency and Conservation Block Grant (EECBG). The grant term ends March 27, 2013. Several activities have been funded with the EECBG including the Adaptive Traffic Signal Synchronization Project, CRC Energy Retrofit, and the Traffic Safety and Bridge Lighting Retrofit Project. (WEST) BUILDING & SAFETY Inspections: During the month of February, Building and Safety conducted 1,637 inspections. On average, there were 81.85 inspections per day, or 23.38 inspections per inspector per day. Foreclosure Tracking: Building and Safety works with the local real estate community to monitor foreclosures, real estate owned properties, and those properties in default in both commercial and residential development. The following charts demonstrate the past 6 months of foreclosure tracking activities in Temecula. Residential Foreclosure Tracking Commercial Foreclosure Tracking SEPTEMBER 2012 OCTOBER 2012 NOVEMBER 2012 DECEMBER 2012 JANUARY 2013 FEBRUARY 2013 DEFAULT 308 277 221 232 162 127 FORECLOSED 355 336 327 333 263 237 REO 124 170 134 151 157 113 TOTALS 787 783 682 716 582 477 Commercial Foreclosure Tracking CODE ENFORCEMENT In the month of February, Code Enforcement responded to 97 web complaints from constituents. In addition, they opened 88 cases, 58 of which were residential and 30 were commercial. Code Enforcement also pulled 53 non -conforming signs in the community. The breakdown of Code Enforcement responses can be found in the following chart. SEPTEMBER OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY 2012 2012 2012 2012 2013 2013 DEFAULT 13 13 11 12 8 8 FORECLOSED 1 3 2 2 6 3 REO 73 76 73 74 67 69 TOTALS 87 92 86 88 81 80 CODE ENFORCEMENT In the month of February, Code Enforcement responded to 97 web complaints from constituents. In addition, they opened 88 cases, 58 of which were residential and 30 were commercial. Code Enforcement also pulled 53 non -conforming signs in the community. The breakdown of Code Enforcement responses can be found in the following chart. February 2013 - Code Enforcement List of Cases TYPE OF CODE CASE RESIDENTIAL COMMERCIAL TYPE TOTAL Abandoned or Inoperable Vehicle 6 0 6 Vacant Home / Property Maintenance / Rodent infested 4 0 4 Business or Home Occupation without license 2 2 4 Abandoned Home/Vandalization 1 0 1 Trash and Debris / Parking lot maintenance 7 6 13 Overgrown Vegetation / Weeds / Fire Hazard 3 0 3 Green Pool / Vector Control 4 0 4 Graffiti 7 13 20 Noise 4 1 5 Trailer/ RV Stored 15 0 15 Contruction w/o Permit 3 0 3 Encroach Public ROW /Trash Cans 2 0 2 Massage Permit Violations 0 7 7 Smoking Ordinance / Safety Issue 0 0 0 Safety Issue - Pool no fence/gate 0 1 1 TOTAL NUMBER OF CASES 58 30 88 Signs Pulled - Violations (No cases created) 46 7 53 FEBRUARY 2013 TOTAL 141 SPECIAL PROJECTS Farmer's Market Contract: On January 15, 2013, the Old Town Steering Committee, consisting of Mayor Naggar and Council Member Roberts, met to discuss the possibility of issuing an RFP for the management of the Farmer's Market and to consider issues that need to be addressed in a new Licensing and Operating Agreement. The Old Town Steering Committee recommended not issuing an RFP and that staff negotiates a new Licensing and Operating Agreement between the City and the current operator and manager, Farmer's Market Management, Inc. for the use of the public parking lot located at the northwest corner of Mercedes Street and Sixth Street. Because the current Agreement is set to expire on April 1, 2013, staff will bring the new Agreement to City Council for approval on March 26, 2013. The new Agreement will address several issues including the definition of "handcrafted" items, an application process to sell handcrafted items, definition of "Old Town Merchant," adherence to the Agreement, and the number of booths designated for Old Town Merchants. (RICHARDSON, LEHNER) Partnership with USC MPA Capstone Class: The City has partnered with the University of Southern California's Master in Public Administration program. Over the course of the semester, graduate students are paired with organizations to analyze and propose solutions to actual problems these organizations face. A group of students will evaluate the possibility of an Annual Fire Inspection program in the City. A second group of students is doing program analysis within the Community Services Department. Staff anticipates receiving the analysis in May 2013. (LEHNER) Planning Agenda Report 2/1/2013 through 2/28/2013 1. Recently Approved APN # 921700006 • PA13-0013 Bob and Gary's Strawberry TUP KENNY TAYLOR A Major Temporary Use Permit for a strawberry stand to be located in an existing shopping center on the northwest corner of Rancho California Road and Margarita Road at 42225 Margarita Road. Submitted Date Approved Date Jan 22 2013 TBD 1 of 6 Planning Agenda Report 2/1/2013 through 2/28/2013 2. Scheduled for Hearing APN # • PA12-0122 Roripaugh Ranch DA Amendment 964180022 MATTHEW PETERS A Development Agreement Amendment application to extend the term of the existing Development Agreement for the Roripaugh Ranch Specific Plan by 15 years. None of the provisions in the Development Agreement are proposed to be modified other than the term of the agreement. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 28 2012 TBD • PA12-0127 Crown Castle (Node TM -18) APN # 945201007 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high textured steel street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -18) in the City of Temecula right-of-way on the north side of Agena Street, approximately 345 feet west of Southern Cross Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 3 2012 TBD • PA13-0023 DAS Node TM -30 APN # 919314003 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 45' high wood utility pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -30) in the City of Temecula right-of-way on the south side of Avenida Buena Suerte, approximately 540 feet east of Avenida Centenario. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 7 2013 TBD • PA11-0277 APN # Bella Linda TTM 961450012 ERIC JONES A Tentative Tract Map Application to create 54 separate residential lots from three existing lots. Four additional lots will also be created: Lots A - C will contain the public right-of-way through the center lines of Pechanga Parkway and Loma Linda Road, and Lot D will consist of a private road. The project totals 25.56 acres and is located on the northeast corner of Pechanga Parkway and Loma Linda Road (APNs 961-450-012, 013, 003) (Related Applications: PA11-0276 & PA11-0275). Submitted Date Anticipated DRC Meeting Date Planning Commision Oct 27 2011 Mar 202013 • PA11-0276 Bela Linda Zone Change, PDO APN # 961450012 ERIC JONES A Zone Change and Planned Development Overlay (PDO) Application for a two phased residential project. Both the General Plan and Zoning designations are currently Professional Office (PO). The application proposes to create a Medium Density Residential section (Courtyard Housing) and a High Density Residential Section (Apartments). The PDO will provide architectural and landscape design guidelines. The project is located on the northeast corner of Pechanga Parkway and Loma Linda Road and totals 25.56 acres (APNs: 961-450-012, 013, 003) (Related Applications: PA11-0275 and PA11-0277). Submitted Date Anticipated DRC Meeting Date Planning Commision Oct 27 2011 Mar 202013 • PA11-0275 Bela Linda DP 2 of 6 APN # 961450012 ERIC JONES Planning Agenda Report 2/1/2013 through 2/28/2013 A Development Plan Application for a two-phase residential project. Phase 1 will consist of 325 multi -family apartment units. Phase 2 will consist of 49 single-family cluster units (senior units). The project totals 25.56 acres and is located on the northeast corner of Pechanga Parkway and Loma Linda Road (APNs 961-450-012, 013, 003) (Related Applications: PA11-0276, 0277). Submitted Date Anticipated DRC Meeting Date Planning Commision Oct 27 2011 Mar 202013 • PA12-0034 Rancho Vista VI lage GPA/PDO APN # 944060006 STUART FISK A General Plan Amendment to change the land use designation from Medium Density Residential to High Density Residential and a Zoning Text Amendment to revise the text for Planned Development Overlay -11 (PDO -11) associated with the Rancho Vista Village Apartment project (PA12-0033) located at the northeast corner of Mira Loma Drive and Rancho Vista Road. Submitted Date Anticipated DRC Meeting Date City Council Feb 22 2012 3/22/2012 Apr 9 2013 APN # • PA12-0033 Rancho Vista Village DP 944060006 STUART FISK A Multi -family Residential Development Plan to construct 120 apartment units on a 7.24 acre site located at the northeast corner of Mira Loma Drive and Rancho Vista Road. Associated with PA12-0034 (GPA/PDO-11 Amendment). Previous PR11-0023 Submitted Date Anticipated DRC Meeting Date City Council Feb 22 2012 3/22/2012 Apr 9 2013 • PA13-0016 Crown Castle (Node TM -10) APN # 952542019 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high textured steel street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -10) in the City of Temecula right-of-way on the east side of Crowne Hill Drive, approximately 156 feet south of Pauba Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jan 232013 TBD 3 of 6 Planning Agenda Report 2/1/2013 through 2/28/2013 3. New Submittals Pending DRC Meeting APN # • PA12-0178 Gateway Plaza DP 961290002 KENNY TAYLOR A Commercial Development Plan to construct a two-story 29,211 square foot medical office building on a 1.48 acre vacant lot located on the west side of Avenida de Missiones, approximately 300 feet south of Temecula Parkway. Submitted Date Anticipated DRC Meeting Date Hearing Planned Sep 7 2012 10/18/2012 TBD APN # • PA12-0208 McDonalds CUP 921700002 KENNY TAYLOR A Conditional Use Permit to allow for a drive-thru for a proposed McDonald's (PA12-0207 Development Plan) within an existing commercial center located at 30580 Rancho California Road. Submitted Date Anticipated DRC Meeting Date Planning Commision Oct 18 2012 Mar 202013 • PA12-0233 DAS Node TP -20 APN # 952470015 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high textured street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -20) in the City of Temecula right-of-way at the southeast corner of Redhawk Parkway and El Chimisal Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 21 2012 12/6/2012 TBD • PA12-0234 DAS Node TP -21 APN # 960292001 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high textured street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -21) in the City of Temecula right-of-way on the south side of Regina Drive, approximately 195 feet east of the center line of Valentino Way. Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 21 2012 12/6/2012 TBD • PA12-0235 DAS Node TP -23 APN # 962190006 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high steel textured street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -23) in the City of Temecula right-of-way on the north side of Redhawk Parkway, approximately 15 feet west of the center line of Callesito Vallarta. Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 21 2012 12/6/2012 TBD • PA12-0237 DAS Node TP -26 APN # 962280007 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -26) in the City of Temecula right-of-way on the north side of Redhawk Parkway, approximately 101 feet east of the center line of Via Puebla. Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 21 2012 12/6/2012 TBD APN # 4 of 6 Planning Agenda Report 2/1/2013 through 2/28/2013 • PA13-0022 DAS Node TP -07 916360014 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high textured street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -07) in the City of Temecula right-of-way on the south side of Date Street approximately 440 feet west of the centerline of Kingwood Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 72013 TBD APN # • PA13-0024 Blackbird Tavern MCUP 922033005 KENNY TAYLOR A Minor Conditional Use Permit for Blackbird Tavern, located at 41 958/41 964 5th Street to upgrade their existing Type -41 ABC license (on sale beer/wine eating place) to a Type -47 (on -sale general beer/wine/liquor eating place). Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 72013 TBD • PA13-0037 Circus VargasTUP APN # 910420030 ERIC JONES A Minor Temporary Use Permit to allow Circus Vargas to operate a circus from 12:30 p.m. to 9:30 p.m. on April 4 thru 8, 2013, at 40820 Winchester Road (Promenade Mall). Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 19 2013 TBD • PA13-0039 KB Homes Product Review APN # TR29661-1 L01 MATTHEW PETERS A Home Product Review application for KB Homes including 4 elevations and 4 floor plans ranging in size from approximately 2,190 to 4,200 square feet in Tract 29661-1 consisting of 98 lots in the Roripaugh Ranch Specific Plan "pan handle," south of Murrieta Hot Springs Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 22 2013 3/21/2013 TBD • PA13-0040 Karl Strauss Major Mod APN # 910320042 KENNY TAYLOR A Major Modification for Karl Strauss Restaurant to change the building exterior facades, colors, and to construct additional patios for outdoor dining area. The restaurant will serve as a micro -brewery that will sell beer, spirits, and food. The hours of operation will be 11 a.m.to 10 p.m. Sunday through Thursday and 11 a. m. to 11 p.m. Friday and Saturday, located at 40868 Winchester Rd (former On The Border Mexican Grill and Cantina). Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 26 2013 TBD APN # • PA13-0047 Bob & Garry's Strawberries TUP 960020046 KENNY TAYLOR A Major Temporary Use Permit (TUP) application to allow for a temporary strawberry stand to be located on the southwest corner of Temecula Parkway and Mahlon Vail Road. The stand will be operational from March 11, 2013 to August 31, 2013 from 9:00 a.m. to 7 00 p.m. Submitted Date Anticipated DRC Meeting Date Hearing Planned Mar 1 2013 TBD • PA13-0050 Canvas and Cabernet CUP 5 of 6 APN # 920100038 KENNY TAYLOR Planning Agenda Report 2/1/2013 through 2/28/2013 A Minor Conditional Use Permit for Canvas and Cabernet, a bona fide artistic painting and acrylic canvas creations establishment, to operate under a Type 42 ABC license (beer and wine only) at 39628 Winchester Road, Suite F (Rancho Temecula Town Center). Submitted Date Anticipated DRC Meeting Date Hearing Planned Mar 52013 TBD • PA10-0348 Linfield TTM 36098 APN # 955020006 ERIC JONES A Tentative Map application (for conveyance purposes) to allow Linfield Christian School to create four additional parcels. Total parcels within the school property will equal eight. Parcels will range in size between 2.52 - 6.63 acres. Located at 31950 Pauba Road. (Related Applications PA10-0349, Major Mod, and PA10-0347, PDO Amendment) Submitted Date Anticipated DRC Meeting Date Hearing Planned Dec 152010 TBD APN # • PA11-0157 Arco Major Modification 959080017 ERIC JONES A Major Modification application to allow an existing gas station to install three new fuel pumps and add 1,000 square feet to the existing convenience store to make room for a deli. Outside seating will also be provided. The project is located at 44239 Margarita Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 62011 TBD 6 of 6 11074 ��PA13- i�i PA1 Al 0111 N 1. Recently Approved 2. Scheduled for Hearing 3. New Submittals Pending DRC Meeting Item No. 15 Approvals City Attorney Director of Finance City Manager M -r GoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Interim City Manager DATE: March 26, 2013 SUBJECT: City Council Travel/Conference Report — February 2013 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and File On February 6, 2013 Council Member Ron Roberts traveled to Los Angeles to attend the Southern California Association of Governments' Regional Council and Transportation Committee meetings as well as the Joint meeting of the Regional Council, Community, Economic and Human Development, Energy and Environment and Transportation Committee meeting. ATTACHMENTS: Meeting Agendas SOUTHERN CALIFORNIA ASSOCIATION of GOVERN MENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t(213)23&-1800 f(2)3)236 -I825 wwwa eg.ca.gov Officers President Glen Becerra, Simi Valley First Vice President Greg Pettis, Cathedral City Second Vice President Carl Morehouse, San Buenaventura Immediate Past President Pani O'Connor, Santa Monica Executive/Administration Committee Chair Glen Becena, Sinil Valley Policy Committee Chairs Community, Economic and Human Development Paula Lantz, Pomona Energy& Environment Cheryl Viegas-Walker, El Centro Transportation Keith Millhou e,Ventura County Transportation. Commission No. 546 MEETING OF THE REGIONAL COUNCIL Thursday, February 7, 2013 12:15 p.m. — 2:00 p.m. SCAG Main Office 818 W. 7th Street, 12th Floor Board Room Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Lillian Harris -Neal at (213) 236-1858 or via email at harris-nealscaq.ca.gov. In addition, regular meetings of the Regional Council may be viewed live or on - demand at www.scaq.ca.gov/scagty Agendas & Minutes for the Regional Council are also available at: www.scaq.ca.qovicommittees/rc.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. SCAG is also committed to helping people with limited proficiency in the English language access the agency's essential public information and services. You can request such assistance by calling (213) 236-1858. We request at least 72 hours (three days) notice to provide reasonable accommodations. We prefer more notice if possible. We will make every effort to arrange for assistance as soon as possible. The Regional Council Is comprised of 84 elected officials representing 191 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. 2012.05.07 REGIONAL COUNCIL AGENDA FEBRUARY 7, 2013 The Regional Council may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Glen Becerra, President) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fill out and present a Public Comment Card to the Assistant prior to speaking. Comments will be limited to three (3) minutes per speaker provided that the President has the discretion to reduce the time limit based upon the number of speakers. The President may limit the total time for all public comments to twenty (20) minutes. REVIEW AND PRIORITIZE AGENDA ITEMS EXECUTIVE DIRECTOR'S REPORT (Hasan Ikhrata, Executive Director) • Fiscal Outlook PRESIDENT'S REPORT • New Members • New Committee Appointments COMMITTEE REPORTS/ACTION ITEMS Executive/Administration Committee (EAC) (Hon. Glen Becerra, Chair) Page No. 1. 2013 State Legislative Priorities Attachment 1 Recommended Action: Recommend State legislative top priorities for 2013 are: Project Streamlining & Expediting; Financing, Economic Development & Community Reinvestment; and Equitable Cap & Trade Expenditures for Transportation. 2. Support AB 14 (Lowenthal, B.) — State Freight Plan; SB 1 (Steinberg) — Attachment 5 Sustainable Communities Investment Authority; SB 33 (Wolk) — Infrastructure Financing Districts Recommended Action: AB 14: Support in concept; SB 1 and SB 33: Support r4SOUTHERN CALIFORNIA .4 ASSOCIATION Of GOVERNMENTS 1 REGIONAL COUNCIL AGENDA FEBRUARY 7, 2013 COMMITTEE REPORTS/ACTION ITEMS - continued Pa2e No. 3. Voter Approval Threshold for Local Tax Measures Attachment 8 Recommended Action: For information only. 4. Amendment 3 of FY 2012/13 Overall Work Program (OWP) Attachment 11 Recommended Action: Adopt Resolution No. 13-546-1 approving Amendment 3 to the FY 2012/13 Overall Work Program (OWP) and authorizing the Executive Director to submit the necessary administrative documentation to the California Department of Transportation (Caltrans). Transportation Committee (TC) (Hon. Keith Millhouse, Chair) 5. Pacific Electric Right -of -Way (PE ROW)/West Santa Ana Branch Attachment 15 Corridor Alternatives Analysis (AA) — Study Recommendations Recommended Actions: 1) Approve the Transportation Committee recommendations regarding the technology, stations, alignments, and phasing options that should be carried forward for further study; and 2) Authorize the Executive Director to finalize the AA report with the recommendations approved by the Regional Council and forward the report to the Los Angeles County Metropolitan Transportation Authority (Metro) and Orange County Transportation Authority (OCTA) for further study. Energy and Environment Committee (EEC) (Hon. Cheryl Vegas -Walker, Chair) 6. Transportation Control Measure (TCM) Substitution by Orange County Attachment 73 Transportation Authority (OCTA) Recommended Action: Adopt the TCM substitution of a bus purchases and service expansion project by OCTA and direct staff to forward the TCM substitution to U.S. Environmental Protection Agency (EPA) and California Air Resources Board (ARB) for concurrence. SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS ii REGIONAL COUNCIL AGENDA FEBRUARY 7, 2013 COMMITTEE REPORTS/ACTION ITEMS - continued Page No. Community, Economic and Human Development Committee (CEHD (Hon. Paula Lantz, Chair) Legislative/Communications and Membership Committee (LCMC) (Hon. Larry McCallon, Chair) CONSENT CALENDAR Approval Items 7. Minutes of the January 3, 2013 Meeting Attachment 96 8. SCAG Sponsorships & Memberships Attachment 103 Receive & File 9. February 2013 State and Federal Legislative Update To be Distributed at the Meeting 10. Contracts/Purchase Orders and/or Amendments between $5,000 - Attachment 105 $200,000 INFORMATION ITEMS 11. CFO Monthly Report Attachment 120 12. Summary Report from Subcommittees Attachment 131 13. California Department of Housing and Community Development (HCD) Attachment 134 Final Housing Element Update Guidance 14. Information Regarding Local Input Process for 2016-40 RTP/SCS and Attachment 170 Growth Forecast Development 15. 2013 Regional Council and Policy Committees Meeting Schedule Attachment 174 FUTURE AGENDA ITEM(S) ADJOURNMENT The next Regional Council meeting is scheduled for Thursday, March 7, 2013, at the SCAG Los Angeles Office. 4 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS 111 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 (213) 236-1800 f (213) 236-1825 www.scag.ca.gov Officers President Glen Becerra, Simi Valley First Vice President Greg Pettis, Cathedral City Second Vice President Carl Morehouse, San Buenaventura Immediate Past President Pam O'Connor, Santa Monica Executive/Administration Committee Chair Glen Becerra, Slmi Valley Policy Committee Chairs Community, Economic and Human Development Paula Lantz, Pomona Energy & Environment Cheryl Viegas-Walker. El Centro Transportation Keith Millhouse, Ventura County Transportation Commission MEETING OF THE TRANSPORTATION COMMITTEE Thursday, February 7, 2013 10:00 a.m. — 11:00 a.m. SCAG Main Office 818 W. 7th Street, 12th Floor Board Room Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Lillian Harris -Neal at (213) 236-1858 or via email harris-neal(a�scaq.ca.gov Agendas & Minutes for the Transportation Committee are also available at: www.scag.ca.gov/committees/tc.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. SCAG is also committed to helping people with limited proficiency in the English language access the agency's essential public information and services. You can request such assistance by calling (213) 236-1858. We require at least 72 hours (three days) notice to provide reasonable accommodations. We prefer more notice if possible. We will make every effort to arrange for assistance as soon as possible. The Regional Council is comprised of 84 elected officials representing 191 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. 2011 05.07 TRANSPORTATION COMMITTEE AGENDA FEBRUARY 7, 2013 The Transportation Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as Information or Action Items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Keith Hillhouse, Chair) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Committee, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three (3) minutes. The Chair may limit the total time for all comments to twenty (20) minutes. REVIEW AND PRIORITIZE AGENDA ITEMS Time Page No. CONSENT CALENDAR Approval Item 1. Minutes of the January 3, 2013 Meeting Attachment 1 Receive and File 2. Summary Report from Subcommittees Attachment 8 ACTION / INFORMATION ITEMS 3. ON THE MOVE Southern California Delivers the Goods Attachment 20 mins. 11 Summary Report (Annie Nam, SCAG Staff) Recommended Action: For discussion. 4. Aviation Subcommittee for the 2016 Regional Transportation Attachment 10 mins. 27 Plan/Sustainable Communities Strategy (RTP/SCS) (Hasan Ikhrata, Executive Director) Recommended Action: For discussion. SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS TRANSPORTATION COMMITTEE AGENDA FEBRUARY 7, 2013 ACTION / INFORMATION ITEMS - continued Time Page No. 5. Transportation Committee (TC) Video -conferencing Pilot Attachment 10 mins. 29 Program (Darin Chidsey, Acting Director, Strategy, Policy & Public Affairs) Recommended Action: Recommend that the Regional Council waive existing policies prohibiting members of the Transportation Committee (TC) to participate in regularly scheduled TC meetings via video conference, for a period of six (6) months and approve video -conference protocols outlined in this report to facilitate the meeting process. 6. State Legislation Allowing Triple Bike Racks on Buses Attachment 5 mins. 31 (Darin Chidsey, Acting Director, Strategy, Policy & Public Affairs) Recommended Action: For information only. SUBCOMMITTEES' REPORT CHAIR'S REPORT (Hon. Keith Millhouse, Chair) STAFF REPORT (Ryan Kuo, SCAG Staff) FUTURE AGENDA ITEM(S) Any Committee member or staff desiring to place items on a future agenda may make such a request. ADJOURNMENT The next Transportation Committee meeting is scheduled for Thursday, March 7, 2013, at the SCAG Los Angeles Office. ii SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floot Los Angeles, California 90017-3435 t (213; 236-1800 f(213)236-1825 www.scag.ca.gov Officers President Glen Becerra, Simi Valley FirstVice President Greg Pettis, Cathedral City Second Vice President Carl Morehouse, San Buenaventura Immediate Past President Pam O'Connor, Santa Monica Executive/Administration Committee Chair Glen Becerra, SImlValley Policy Committee Chairs Community, Economic and Human Development Paula Lantz, Pomona Energy & Environment Cheryl Viegas-Walker, El Centro Transportation Keith Millhouse, Ventura County Transportation Commission JOINT MEETING OF THE REGIONAL COUNCIL, COMMUNITY, ECONOMIC & HUMAN DEVELOPMENT ENERGY & ENVIRONMENT AND TRANSPORTATION COMMITTEES PLEASE NOTE TIME Thursday, February 7, 2013 11:00 a.m. - 12:00 p.m. SCAG Main Office 818 W. 7th Street, 12th Floor Board Room Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Lillian Harris -Neal at (213) 236- 1858 or via email at harris-neal(a�scag.ca.gov. In addition, regular meetings of the Regional Council may be viewed live or on -demand at www. stag. ca.gov/scagty SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. SCAG is also committed to helping people with limited proficiency in the English language access the agency's essential public information and services. You can request such assistance by calling (213) 236-1858. We request at least 72 hours (three days) notice to provide reasonable accommodations. We prefer more notice if possible. We will make every effort to arrange for assistance as soon as possible. The Regional Council is comprised of 84 elected officials representing 191 titles, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. 2012.05.07 JOINT MEETING REGIONAL COUNCIL AND POLICY COMMITTEES (COMMUNITY, ECONOMIC & HUMAN DEVELOPMENT COMMITTEE; ENERGY & ENVIRONMENT COMMITTEE; TRANSPORTATION COMMITTEE) AGENDA FEBRUARY 7, 2013 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Glen Becerra, President) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fill out and present a Public Comment Card to the Assistant prior to speaking. Comments will be limited to three (3) minutes per speaker provided that the President has the discretion to reduce the time limit based upon the number of speakers. The President may limit the total time for all public comments to twenty (20) minutes. DISCUSSION ITEMS Page No. Regional Energy Workshop — What is the Plan for Summer 2013 Attachment 1 and Beyond? • Mark Nelson, Director of Generation Planning & Strategy, Southern California Edison (SCE) • Dennis Peters, External Affairs Manager, California Independent Systems Operator (Cal ISO) • Barry R. Wallerstein, D. Env., Executive Officer, South Coast Air Quality Management District (AQMD) ADJOURNMENT 1 SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS Item No. 16 Approvals City Attorney Director of Finance City Manager 0/-e-r-- OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: March 26, 2013 SUBJECT: Public Works Department Monthly Reports RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of February and March 2013. CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report February/March 2013 Prepared by: Amer Attar Submitted by: Greg Butler Date: 3/26/2013 PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. All mainline utilities were established by the end of May 2012. Landscaping maintenance is ongoing. Old Town Civic Center This project constructed the Old Town Civic Center. Dedication ceremony was held on 12/9/10 and the City started operations from the new structure on 12/20/2010. Resolution of punchlist and added work items are complete. Closure of the project is being delayed by business concerns of the general contractor. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Low bidder: Granite Construction. Preconstruction meeting held on 01/24/2013, construction tentatively scheduled to begin April 1 (weather, creek conditions, and completion of utility relocations permitting). Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' long ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. This portion of the project is complete. The mitigation/monitoring portion of the project, which involves removal of invasive plant species from the creek channel, and a subsequent two-year monitoring period, began on September 17th. Monitoring is ongoing. French Valley Parkway / Interstate 15 Over -Crossing and Interchange Improvements - Phase I Project includes widening of southbound 1-15 from Warm Springs Creek to the Winchester Road off - ramp, widening of the Winchester Road off -ramp, construction of the new southbound off -ramp at French Valley Parkway, and construction of the westbound portion of French Valley Parkway from the off -ramp to Jefferson Avenue. Project is under construction JUN2012 - DEC2013. See project web page for construction updates: http://www. cityofte mecu Ia. o rg/Temecula/Govern ment/Publ icWo rks/French Va I ley. htm. Roripaugh Ranch Street Improvements - Phase I The road was opened to the Public on September 14, 2012. The City Council accepted the project at the 02/26/2013 meeting and the Notice of Completion was filed. 1 Ronald Reagan Sports Park Desilting Basin Environmental Mitigation This project installed landscape and irrigation improvements on a 0.26 acre Habitat Creation Area and maintaining it for five years in accordance with a Habitat Mitigation and Monitoring Program. The work was completed on 01/20/2011. The project is now in the 5 -year maintenance/monitoring program. Pavement Rehabilitation Program - Margarita Road Project 2 This project rehabilitated Margarita Road from Avenida Barca to Solana Way and included rehabilitation of the Margarita Community Park parking lot. Project was accepted and Notice of Completion filed at the 03/12/2013 City Council meeting. Project is complete and will be removed from future updates. Pavement Rehabilitation Program - Ynez Road This project will rehabilitate Ynez Road from Winchester Road to Solana Way. Project was awarded to All American Asphalt at the 06/26/12 City Council Meeting. Contractor has rehabilitated the intersections. The remaining work will be completed in the spring of 2013. French Valley Parkway Environmental Mitigation This project will implement the riparian mitigation requirement of the HM MP that was developed for the French Valley Parkway Interchange project. Work involves creation of a 2.73 acre riparian site through planting native plant species and removing non-native & invasive plant species. Construction started on October 2, 2012 and was completed November 5, 2012. This site will be monitored and maintained for 5 years. Roripaugh Ranch Street Improvements Phase II Contract awarded on 12/11/12. First day of work was 01/14/2013. Mass grading and storm drain installation is ongoing. Theater Energy Efficient Lighting Including Technology and Equipment Upgrade The Notice to Proceed was issued for the procurement of the equipment on 01/02/2013. The vendor provided most of the purchased equipment and in the process of providing the remaining items. 2 PROJECTS BEING ADVERTISED FOR BIDS Pavement Rehabilitation Program - Rancho Vista Road This project will rehabilitate Rancho Vista Road form Margarita Road to Paseo Goleta. Project is being advertised for construction bids and bids will be opened on 03/25/2013. It will be scheduled for award at the 04/09/2013 City Council Meeting. 3 PROJECTS IN DESIGN Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes construction of a mitigation site for the Wolf Valley Creek Channel Improvements - Stage I. City has hired a consultant to map the new proposed area and forwarded the conceptual mitigation approach to the environmental agencies for approval. Consultants have developed a HM MP. At the 02/12/2013 meeting, the City Council approved the plans and specifications and authorized the Department of Public Works to advertise for construction bids for the 3.4 acres of riparian habitat. Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. The DBESP, IS/MND and JPR reports second drafts of reports were submitted to the Riverside Conservation Authority (RCA) the first week of March. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Review of the 100% Plans and Specs is on-going. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club on Pujol Street. Consultant is finalizing the design plans. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi -Purpose Trail at Diaz Road. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/2009. The consultant is working on 90% plans, specifications and estimate. 1-15 / SR -79S Ultimate Interchange Target 95% PS&E (6th) submittal in May 2013. Pavement Rehabilitation Program These rehabilitation projects will rehabilitate portions of Winchester, Rancho California, Ynez, Margarita and Rancho Vista Roads. Caltrans has approved plans and will issue encroachment permit shortly. Consultant is revising the traffic control plans for Rancho California and Winchester Roads. French Valley Parkway / Interstate -15 OverCrossing and Interchange Improvements - Phase II Target 60% PS&E submittal in April 2013. 4 Inclusive Play Structure This project will install play structure for youth and special needs kids upon completion. The Park and Recreation Subcommittee chose Margarita Park as the site of the improvements based on the conceptual plan. An RFP will be prepared seeking design/build services. Tennis Court Lighting - Great Oak High School This project will Install lights around the tennis courts at Great Oaks High School. RBF was hired to provide the construction plans and specifications for the lighting installation. At the 02/12/2013 meeting, the City Council approved the plans and specifications and authorized the Department of Public Works to advertise for construction bids. Work will be done in the summer when school is out. Old Town Temecula Community Theater Remediation Full design contract (full working drawings) approved by the City Council on 11/13/2012. Design is ongoing with 95% submittal scheduled for mid March of 2013. Temecula Community Center Renovation The City Council approved a design agreement with Williams Architects at the 05/08/2012 meeting. Plan check corrections were submitted on March 5, 2013. Bid phase is scheduled for April of 2013. PAVEMENT REHABILITATION PROGRAM - CITYWIDE, FY 2012/2013 This project will rehabilitate portions of Margarita Road, Ynez Road, Temecula Parkway, Overland Drive and Old Town Front Street. Consultant is preparing plans for a 50% plan check submittal in Mid April 2013. Old Town Front Street Storm Drain This project involves replacement of the cross gutter in Old Town Front Street, approx. 800' north of Temecula Parkway. Revised conceptual design alternatives and cost estimates was submitted by the design consultant on 01/29/2013 and are under review by staff. Citywide Slurry Seal Fiscal Year 2012-13 This annual maintenance project will slurry various street throughout the City. At the 02/26/2013 meeting, the City Council approved the plans and specifications and authorized staff to advertise the project for construction bids. Bid packages are being assembled. 5 DEPARTMENT OF PUBLIC WORKS MONTHLY ACTIVITY REPORT STREET MAINTENANCE DIVISION FISCAL YEAR 2012 - 2013 Date Submitted: March 12, 2013 Submitted By: Greg Butler Prepared By: Rodney Tidwell 3RD QUARTER Jan -13 Feb -13 Mar -13 ti FISCAL YEAR TO DATE SCOPE OF WORK Unit Cost WORK i COMPLETED ' COST i C PLRETED COST WORK COMPLETED COST COMPLETK ED COST TOTAL COST FOR LAST FISCAL YEAR ASPHALT CONCRETE Square Footage: Tons: $2.97 4.772 125 $ 14,172.84 6.798 , 96 $ 20,190.06 j I $ - I 32,631 ' 731 $ 96,914.07 $ 132,767.91 PORTLAND CEMENT CONCRETE Square Footage: PCC Yards: $2.97 0 $ - $ - 0 I $- 0 I $ - I $ - $ - 0 j $ - 0 $ - $ $ - STRIPING & PAVEMENT MARKINGS: Curb & Lines (linear feet): Painted Legends (each): Median Noses (each): Raised Pavement Markers (each): Thermo Plastic Legends (each): 50.07 $8.00 4,147 378 0 5 48 } $ 290.29 $ 3,024.00 i 2,600 1 $ 182.00 579 ' $ 4,632.00 0 j $ - 0 ! $ - 0 I $- $ - $ - i 6 j 2,103 j $ 7,449.05 $ 16,824.00 $ 424.97 $ $ - $ 798.56 $ 35,504.00 ' ' SIGNS & BANNERS No. of Signs REPLACED: Material (cost per sign): No. of Signs INSTALLED: Material (cost per sign): No. of Signs REPAIRED: Material (cost per sign): No. of BANNERS installed: S26.39 $50.00 $26.39 $50.00 $26.39 $50.00 $26.39 t 23 j 1 j j 121 136 $ 606.97 $ 1,150.00 $ 26.39 $ 50.00 $ 3,193.19 $ 6,050.00 $ 3,589.04 I 82 j j 0 77 68 $ 2,163.98 $ 4,100.00 $ - $ - $ 2,032.03 $ 3,850.00 $ 1,794.52 i i I $ - 5 - $ - $ - $ - $ - $ - 371 155 752 573 $ 9,790.69 $ 18,550.00 $ 4,090.45 j $ 7,750.00 1 $ 19,845.28 $ 37,600.00 $ 15,121.47 $ 2,269.01 $ 42,950.00 $ 10,150.00 $ 5,357.17 $ 39,500.00 $ 29,398.46 ' GRAFFITI REMOVAL No. of Locations: Square Footage: I 118j 3,467 I 129 4.632 688 31,897 DRAINAGE FACILITIES CLEANED Catch Basins: Down Drains: Under sidewalk Drains Detention Basins: $26.39 $26.39 $26.39 526.39 172 0 4 10 $ 4,539.08 $ - $ 105.56 I $ 263.90 152 i $ 4,011.28 0 I $ - 0 I $ - 12 I $ 316.68 $ - $ - $ - $ - 1,205 0 398 74 $ 31,799.95 $ $ 10,503.22 $ 1,952.86 $ 63,995.77 ' ' TREES TRIMMED No. of Trees Trimmed: $26.39 165 $ 4,354.35 I 18 $ 475.02 $ - 727 j $ 19,185.53 I $ 32,222.19 R.O.W. WEED ABATEMENT Area Abated (square feet): $0.034 it 0 I $ - I 125 8 4.25 $ - 59,334 1 $ 2,017.36 : $ 3,621.14 The Street Maintenance Division also responds to service requests for SERVICE ORDER REQUESTS No of SOR's:I a variety of other reasons, the total t number of Service Order Requests i some of which Include work reported above Is reported 268 monthly. Personnel assigned to the Street Maintenance Division are on-call and Overtime Hours: $39.59 respond to after hours emergencies $ - or support Ctty sponsored special $- events ! $ - 622 1 $ 24,605.19 $ 50,358.48 TOTALS $ 41,415.61 $ 43,751.82 $ - j $ 324,424.08 $ 448,892.69 STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of February, 2013 DATE STREET/CHANNEL/BRIDGE DESCRIPTION TOTAI. COST ACCOUNT OF WORK SIZE CONTRACTOR: WEST COAST ARBORISTS Date: 01.15.13 # 5402 CITYWIDE ANNUAL TR1:1'. TRIMMING 1'O1'AI. COST S 1,017.00 Date: TOTAL COST Date: TOTAL COST Date: TOTAL COST CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT Date: 02.11.13 # 5402 CITYWIDE PRE & POST EMERGENT ALONG CITY OPEN RIGHTS- OF-WAY TOTAL COST $ 8,500.00 1)atc: TOTAL COST CONTRACTOR: Date: TOTAL. COST Date: # TOTAL COST TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99-5402 - 0 - $ 9,517.00 - 0 - R'.IM A[ N Y Al MMO AC I R PT DEPARTMENT OF PUBLIC WORKS CONTRACTED MAINTENANCE WORK COMPLETED FISCAL YEAR 2012-2013 Date Submitted: March 12, 2013 Submitted By: Greg Butler Prepared By: Rodney Tidwell SCOPE OF WORK ASPHALT CONCRETE Square Footage JANUARY ---- 0 FEBRUARY 0 MARCH - APRIL — - - — - MAY - -- - - -- — JUNE --- - ______0 Year to Date ------ Cost $ - $ - PORTLAND CEMENT CONCRETE Square Footage _ —_-_-___ Cost —_- -- ------_---_-_-_.._ $ - - —_ —_ __ —___— __0 $ - DRAINAGE FACILITIES Channels(each) 0 ------__-- -$----------- 0--_----___—__ __--_________________________. —______— —______ _____— 0 _-__--__ Cost _- $ - STRIPING AND PAVEMENT MARKINGS Striping (linear feet) 0 0 0 Sandblasting (linear feet) 00 0 Legends (each) 0 0 —_— ---- — --- __- -_ — - - - 0_ Cost _____— _ $ -- $ TREES Trees Trimmed 0 Trees Removed 0 Cost $ - $ 1,017.00 $ 5,411.00 WEED ABATEMENT ROW Area Abated (Square Feet) Other Public Lands Abated (Square Feet) Cost $ 9,275.00 $ 8,500.00 $ 39,375.00 MISC. MAINT ACTIVITES Cost $ - $ 4,248.00 TOTAL CONTRACTED MAINT COSTS $ 9,275.00 $ 9,517.00 $ - $ - $ - $ - $ 49,034.00 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS STREET MAINTENANCE DIVISION GRAFFITI REMOVAL FISCAL YEAR 2012-2013 Month Number of Calls Square Footage Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Totals 72 82 57 60 66 104 118 129 3,947 3,260 2,369 2,803 7,861 3,558 3,467 4,632 688 31,897 20,000 — 18,000 16,000 14,000 d 12,000 d LL a 10,000 to 8,000 6,000 4,000 2,000 0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Square r Number Footage of Calls 200 180 160 140 120 To 100 6 0 80 Z 60 40 20 0 Item No. 17 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: March 26, 2013 SUBJECT: Police Department Monthly Report PREPARED BY: Will Edwards, Sergeant RECOMMENDATION: Receive and file. The following report reflects the activity of the Temecula Police Department for the month of February 2013. PATROL SERVICES Overall calls for police service 2,419 "Priority One" calls for service 52 Average response time for "Priority One" calls 6.17 Minutes VOLUNTEERS Volunteer administration hours 76 Special Events hours 17 Community Action Patrol (CAP) hours 606 Reserve officer hours (patrol) 20 Training hours 74 Total Volunteer hours 865 CRIME PREVENTION Crime prevention workshops /Neighborhood watch meetings conducted 5/3 Residential/Business security surveys conducted 3/4 Businesses visited 18 Residences/Businesses visited for past crime follow-up 10/4 Station Tour 3 Planning Review Projects/Temp Outdoor Use Permits 2/16 Square Footage of Graffiti Removed 4,632 OLD TOWN STOREFRONT Total customers served 131 Sets of fingerprints taken 70 Police reports filed 29 Citations signed off 24 Car Seat Inspections 0 Total receipts $3,790.00 SPECIAL TEAMS (POP / SET) On sight felony arrests 13 On sight misdemeanor arrests 9 Felony arrest warrants served 6 Misdemeanor arrest warrants served 4 Follow-up investigations 13 Parole/Probation Searches 5/40 Pedestrian Checks 21 Traffic Stops/Vehicle Checks 19 Crime Free Housing Checks 12 TRAFFIC Citations issued for hazardous violations 1210 Grant funded D.U.I. / Traffic safety checkpoints 0 Grant funded traffic click it or ticket 0 D.U.I. Arrests 20 Non -hazardous citations 572 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 128 Neighborhood Enforcement Team (N.E.T.) citations 75 Parking citations 160 School Zone 116 Seatbelts 48 Cell Phone Cites 223 Injury collisions 31 INVESTIGATIONS Beginning Caseload 127 Total Cases Assigned 72 Total Cases Closed 62 Search Warrants Served 4 Arrests 6 PROMENADE MALL TEAM Calls for service 824 Felony arrest/filings 3 Misdemeanor arrest/filings 23 Traffic Citations 93 Fingerprints/Livescans 166 Total receipts $6,179.00 SCHOOL RESOURCE OFFICERS Felony arrests 2 Misdemeanor arrests 7 Reports 17 Youth counseled 166 Meetings 65 REQUESTS TO SPEAK City Council Meeting 03/26/13 REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date 5/2 (,/%3 �ub);C I wish to speak on Agenda Item No. C ooh ,,en Subject 5�,�► 1LG;yvJo, nFor n Against Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: GU �/ G� (u �� Phone: Address: City/State/Zip , �/r`2,Cf,/p, If you are representing an organization or group, please give the name: REQUEST Tb SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. / Please go to the public podium and state your name for the record. Date 3/z 4.// 3 I wish to speak on Agenda Item No. pl / L 4U!/.L ` * 7/G .5 �t Subject For C Against Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Phone: Name: Address:� City/State/Zip 2-t!G'��"� If you are representing an organization or group, please give the name: Date Subject REQUEST TO SPEAK 3 CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. /� ' 1j I wish to spe 3 I1. t(1"-� ( / 1 J For Against Public Comment Agenda Item No. . ..� Please note that all information presented at a City Council meeting becomes public record. CCAll information provided is op�nal. i 1 City/State/Zip Nam.✓ • Address: ((r.:0 10)0P If you are representing an organization or group, please give the na : i ( i REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. 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