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091013 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET SEPTEMBER 10, 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. Next in Order: Ordinance: 13-06 Resolution: 13-49 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Natasha Ragland Invocation: Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley Flag Salute: To be announced ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Because Nice Matters in Temecula Week Proclamation 20th Anniversary of Leidschendam-Voorburq, Netherlands Sister City Proclamation Constitution Week Proclamation 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. 1 CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of August 27, 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 City Treasurer's Report as of July 31, 2013 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of July 31, 2013. 2 5 Agreement for Theater Ticketing Software Services for the Old Town Temecula Community Theater RECOMMENDATION: 5.1 Approve an Agreement with Vision One for ticketing software services for the Old Town Temecula Community Theater, for a three-year term, and authorize additional payments up to $40,000 annually, riot to exceed $120,000 for the term of the agreement. 6 Recycled Water Agreement with the Rancho California Water District for French Valley Parkway Interchange, PW07-04 RECOMMENDATION: 6.1 Approve the Recycled Water Agreement with Rancho California Water District (RCWD) to provide recycled water for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase I, PW07-04. 7 Professional Services Agreement for the Design of the Repair and Remediation of the Old YMCA Building at Margarita Park, PW12-10 RECOMMENDATION: 7.1 Approve an Agreement with Meyer and Associates, in the amount of $237,690, for design of the repair and remediation of the old YMCA building at Margarita Park, PW12-10; 7.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $23,769, which is equal to 10% of the agreement amount. 8 Adopt a Mitigated Negative Declaration and Mitigation Monitoring Plan and Award a Contract for the Demolition of the old Temecula Marine Building — Murrieta Creek Bridge and Overland Drive Extension, PW00-26 and PW13-03 RECOMMENDATION: 8.1 Adopt the Mitigated Negative Declaration and Mitigation Monitoring Plan for the Murrieta Creek Bridge and Overland Drive Extension, PW00-26; 8.2 Award a Contract to Unlimited Environmental, in the amount of $53,600, for the demolition of the old Temecula Marine Building, PW13-03; 8.3 Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,000, which is equal to 28% of the contract amount; 8.4 Make a finding that the demolition of the old Temecula Marine Building, PW13- 03, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 3 9 Professional Services Agreement for Fire Station 73 Living Quarters Upgrade, PW13-07 RECOMMENDATION: 9.1 Approve an Agreement with Ruhnau Ruhnau Clarke, in the amount of $81,000, for design of Fire Station 73 Living Quarters Upgrade, PW13-07; 9.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $15,000, which is equal to 18.52% of the agreement amount. ******************** 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 13-05 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 August 27, 2013. 11 Agreement for 2013 Holiday Season Outdoor Ice Skating Rink RECOMMENDATION: 11.1 Approve an Agreement with Seaside Ice, LLC dba Ice -America, in the amount of $40,000, for the 2013 holiday season outdoor ice skating rink. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT 5 CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, September 24, 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 7 RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 12 Planning Commission Appointments RECOMMENDATION: 12.1 Appoint two applicants to serve full three-year terms on the Planning Commission through June 15, 2016. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, September 24, 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 PROCLAMATION WHEREAS, "Because Nice Matters," is an important issue that needs to be addressed by, not only the youth in our community, but the citizenry at large. Everyone should make an effort to be nice to one another and acknowledge that bullying is wrong and can only be effectively addressed collectively; and WHEREAS, standing by watching another individual being victimized, without seeking help for that person, or reporting it, is wrong! No child should have to go to school in fear, worrying about repeated, potential confrontation; and WHEREAS, even with the best teachers and best curriculum possible, learning cannot effectively go on if students are afraid or their mind is preoccupied with worries of intimidation and bullying; and WHEREAS, the signature colors of the program, started at Great Oak High School and implemented district -wide, are black and purple. These colors symbolize the colors of internal bruising that occurs when someone is humiliated, scared, or belittled; and WHEREAS, the last full week of September each year will officially be called, "Because Nice Matters in Temecula Week". On Thursday of that week everyone is asked to wear black and purple to show their support that being nice matters and to take a stand against bullying. On Friday of that week everyone is asked to wear white to symbolize a new beginning, or fresh start in treating people with respect and kindness. NOW, THEREFORE, I, Michael S. Naggar, on behalf of the City Council of the City of Temecula, hereby proclaim the week of September 23 through September 29, 2013 to be "Because Nice Matters in Temecula Week" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this tenth of September, 2013. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula PROCLAMATION WHEREAS, Temecula, California, USA and Leidschendam-Voorburg, Netherlands have enjoyed a long-term relationship that formally began in 1993, when officials from Leidschendam-Voorburg came to Temecula to sign an affiliation document that formalized the relationship between the two cities; and WHEREAS, to further acknowledge their affiliation, lasting monuments have been created in each city. Temecula dedicated the Singing in the Rain Statue designating our dedication to our future relationship. Leidschendam-Voorburg dedicated the Town Square Temeculaplein; and WHEREAS, both cities have pursued ways to provide cultural exchanges and encouraged the participation of a cross-section of its citizens. Friendship Delegations have traveled to and from Temecula and Leidschendam-Voorburg to experience homestay with host families and tours of significant historical, cultural, educational, and commercial sites. Opportunities for interaction with as many citizens as possible have resulted in the forming of new friendships, the furthering of cultural understanding, and the promotion of good -will; and WHEREAS, members of the Sister City Associations in Temecula and Leidschendam-Voorburg have served to support activities between and within their respective cities and continue to promote the program as broadly as possible. NOW, THEREFORE, I, Michael S. Naggar, Mayor of the City of Temecula, on behalf of the entire City Council and the Temecula community, do hereby acknowledge and commemorate the 20th anniversary of the Sister City affiliation between Temecula, California, USA and Leidschendam-Voorburg, Netherlands. Michael S. Naggar, Mayor IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this tenth day of September, 2013. Maryann Edwards, Mayor Pro Tem Jeff Comerchero, Council Member Ron Roberts, Council Member Chuck Washington, Council Member "Nk c WHEREAS, the embodies the principles WHEREAS, September of the Constitution of the WHEREAS, it is fitting its memorable anniversary, WHEREAS, Public of the United States of Week. NOW, THEREFORE, Temecula, hereby proclaim and ask our citizens to the freedoms guaranteed � �n��aaaa^^ It The PROCLAMATION Constitution of limited government 17, 2013, United States and proper and to the Law 915 guarantees America designating I, Michael September "Constitution reaffirm the to us through ?PJ1 City of Temecula of the United States of America, the guardian of our liberties, in a Republic dedicated to rule by law; and marks the two hundred twenty-sixth anniversary of the framing of America by the Constitutional Convention; and to accord official recognition to this magnificent document and patriotic celebrations which will commemorate it; and the issuing of a proclamation each year by the President September 17 through September 23, as Constitution S. Naggar, on behalf of the City Council of the City of 17 through September 23, 2013, to be Week" ideals the framers of the Constitution had by vigilantly protecting this guardian of our liberties. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this tenth day of September, 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 AUGUST 27, 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) The City Council will meet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are: City Manager Aaron Adams, Special Labor Relations Counsel Jeff Freedman, City Attorney Peter Thorson, Director of Public Works Greg Butler, Director of Finance Jennifer Hennessy, Sr. Management Analyst Heidi Schrader, and Sr. Human Resources Analyst Isaac Garibay. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. 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 Mike 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: Paul Dallas Invocation: Elder Felicia Brown of Imani Temple of Temecula Church of God in Christ Flag Salute: Roger Schultz ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Presentation of American Flag flown in Honor of the City of Temecula - Lt. Col. Walter H. Scherer Action Minutes 082713 1 PUBLIC COMMENTS The following individuals addressed the City Council: • Mark Anselmo • Paul Jacobs • Ken Nordstrom • Craig Puma • Cherise Manning • Sam Robinson • Annette Brown • Jim Rosa • Jerome Mikulich • Carol Malin • Wayne Hall CITY COUNCIL REPORTS CONSENT CALENDAR The following individual addressed the Council regarding Consent Calendar Item No. 5. • Paul Jacobs The following individual addressed the Council regarding Consent Calendar Item No. 7. • Roger Schultz The following individual addressed the Council regarding Consent Calendar Item No. 11. • Paul Jacobs 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of August 13, 2013. Action Minutes 082713 2 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Benefit Concert, Co -Sponsorship request from the Stephen Siller Tunnel to Towers Foundation (at the request of Civic Center Concert Ad Hoc Subcommittee Members Jeff Comerchero and Chuck Washington) — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve a Co -Sponsorship Agreement with the Stephen Siller Tunnel to Towers Foundation for City support costs, in the amount of $15,700, and in-kind promotional services valued at an amount of approximately $5,765 for a benefit concert. The concert will be performed by Gary Sinise and his Lt. Dan Band within the Civic Center Quad/Town Square and Conference Center, with proceeds used to assist severely injured veterans; 4.2 Approve appropriate street closures associated with the benefit concert, Main Street Y and Mercedes Street between 3rd and 4th Streets beginning Friday, November 1, 2013 at 8:30 AM to Sunday, November 3, 2013 by 2 AM. 5 First Amendment to the Agreement with KTU+A for Phase I of the Multi -Use Trails and Bikeways Master Plan Update — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve the First Amendment to the Agreement with KTU+A for Phase I of the Multi -Use Trails and Bikeways Master Plan Update for $9,840, for a total contract of $54,840. Action Minutes 082713 3 6 Allocate additional Community Development Block Grant (CDBG) funds for Fiscal Year 2013-14 — Approved Staff Recommendation (4-0-1, with Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with Council Member Edwards removing herself from the Chambers while this item was considered. Council Member Edwards did not participate in the Council consideration of this matter and was not present in the Council Chambers when the matter was presented and discussed because she is the Executive Director of the Boys and Girls' Club of Southwest Riverside County, an IRS 501(c)(3) tax exempt organization serving the applicable communities. The Boys' and Girls' Club of Southwest Riverside County is one of the non-profit service providers recommended for funding and whose property is located within 500 feet of the Temecula Community Center property which is proposed for public facilities funding. RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 13-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE PROPOSED USE OF ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2013- 14 AND APPROVING AN EXEMPTION FROM CEQA AND NEPA 7 Lease Agreement with Mt. San Jacinto College (at the request of Higher Education Ad Hoc Subcommittee Members Mike Naggar and Chuck Washington) — Approved Staff Recommendation (4-0-1, with Council Member Edwards abstaining) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with Council Member Edwards abstaining. RECOMMENDATION: 7.1 Approve a three-year Lease Agreement, in substantially the form attached, with Mt. San Jacinto College for use of City Real Property; 7.2 Authorize the City Manager to execute the Lease Agreement, and any other documents, necessary to perfect Mt. San Jacinto College's use portions of the City Real Property known as the Temecula Valley Entrepreneur's Exchange. 8 Promenade Mall Joint Funding Agreement for Fourth Traffic Signal and Release of Ring Road Improvement Completion Guarantee — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. Action Minutes 082713 4 RECOMMENDATION: 8.1 Approve the Joint Funding Agreement, in substantially the form attached, with Temecula Towne Center Associates, L.P. for Fourth Traffic Signal Promenade Mall Ring Road; 8.2 Find that the obligations of Temecula Towne Center Associates guaranteed by Forest City Enterprises, Inc., in the Completion Guarantee dated July 24, 2007, have been fulfilled to the satisfaction of the City of Temecula, release Forest City Enterprises, Inc., and Temecula Towne Center Associates from any liability under the Completion Guarantee, and authorize the City Manager to execute such documents as may be required to complete the release. 9 Approval of a Purchase and Sale Agreement, and Settlement Agreement, for the purchase of Assessor's Parcel No. 921-480-031, in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, PW00-26 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Adopt resolution entitled: RESOLUTION NO. 13-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT, SETTLEMENT AGREEMENT, GENERAL RELEASE AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND JIM MCGILL AND TERRI MCGILL, INDIVIDUALLY, AND DOING BUSINESS AS RANCH MUFFLER & TRUCK ACCESSORIES, INC., IN CONNECTION WITH THE MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD, PROJECT NUMBER PW00-26; 9.2 Authorize the Finance Director to issue warrants for the sums of $1,403,800, plus escrow fees, for deposit with escrow holder, First American Title Insurance Company, to complete the transaction. Escrow fees are not estimated to exceed $15,000; 9.3 Authorize the City Manager to approve and execute any necessary documents, including the Form of Lease Agreement attached as Exhibit "D" to the Purchase and Sale Agreement, Right of Entry attached as Exhibit "G" to the Purchase and Sale Agreement, and necessary certificates of acceptance for the Grant Deed and Bill of Sale, and to take all necessary actions to complete this acquisition, including without limitations, all escrow instructions. 10 Fifth Amendment to the Professional Engineering Services Agreement with RBF Consulting for the Design of the Interstate 15/State Route 79 South Ultimate Interchange, PW04-08 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. Action Minutes 082713 5 RECOMMENDATION: 10.1 Approve the Fifth Amendment to the Agreement for Professional Engineering Services with RBF Consulting for additional engineering, right of way, and environmental activities on the Interstate 15/State Route 79 South Ultimate Interchange project in the amount of $266,700. 11 Award of a Construction Contract for the Citywide Concrete Repairs Fiscal Year 2013-14, PW13-05 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Award a Construction Contract to Above All Names Construction Service, Inc., in the amount of $127,900, for Citywide Concrete Repairs Fiscal Year 2013-14, PW13-05; 11.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $25,580, which is equal to 20% of the contract amount; 11.3 Make a finding that Citywide Concrete Repairs Fiscal Year 2013-14, PW13-05, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 12 Temporary Street Closures for the Fall 2013 Special Events — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Receive and file a proposed action by the City Manager to temporarily close certain streets for the following Fall 2013 Events: HEALTH, WELLNESS, SAFETY & SPECIAL NEEDS FAIR HOLIDAY ARTS & CRAFTS BAZAAR SALUTE TO HEROES, FRIENDS & FAMILY FAIR TEMECULA VALLEY CENTURY RIDE KOMEN RACE FOR THE CURE GREEK FESTIVAL Action Minutes 082713 6 RECESS At 7:59 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting and the Successor Agency to the Temecula Redevelopment Agency Meeting. At 8:15 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 17 Formation of the City Council Action Committee for Health and Family Safety (at the request of Mayor Naqqar) — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 17.1 Approve the formation of the City Council Action Committee for Health and Family Safety in an effort to allow this grass-roots group of citizens to take information gathered at the Regional Youth, Family and Health Task Force and disseminate it to the community. DEPARTMENTAL REPORTS 18 Community Development Department Monthly Report 19 Police Department Monthly Report 20 Public Works Department Monthly Reports CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson announced there was no reportable action from Closed Session under the Brown Act. Action Minutes 082713 7 ADJOURNMENT At 8:57 P.M., the City Council meeting was formally adjourned to Tuesday, September 10, 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 the Name of The 577th Expeditionary Prime BEEF Squadron (EPBS) Compound Bagram Airfield, Afghanistan *** Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes 082713 8 Item No. 3 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: September 10, 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 $2,894,485.47. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of September, 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 14th day of September, 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 08/15/2013 TOTAL CHECK RUN $ 1,493,081.79 08/22/2013 TOTAL CHECK RUN 969,109.66 08/15/2013 TOTAL PAYROLL RUN: 432,294.02 TOTAL LIST OF DEMANDS FOR 09/10/2013 COUNCIL MEETING: $ 2,894,485.47 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 820,219.39 135 BUSINESS INCUBATOR RESOURCE 1,801.32 140 COMMUNITY DEV BLOCK GRANT 1,168.41 165 SARDA AFFORDABLE HOUSING 6,716.84 190 TEMECULA COMMUNITY SERVICES DISTRICT 202,661.38 192 TCSD SERVICE LEVEL B 77,776.11 194 TCSD SERVICE LEVEL D 6,741.20 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 11,776.06 197 TEMECULA LIBRARY FUND 1,760.92 210 CAPITAL IMPROVEMENT PROJECTS FUND 1,007,525.86 300 INSURANCE FUND 5,746.75 320 INFORMATION TECHNOLOGY 44,641.62 330 SUPPORT SERVICES 14,356.08 340 FACILITIES 17,117.13 375 SUMMER YOUTH EMPLOYMENT PROGRAM 249.18 380 SARDA DEBT SERVICE FUND 23,883.40 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 54,132.88 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 24,433.77 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 5,297.53 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 51,128.95 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1,333.87 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,421.89 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 4,428.16 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 202.79 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,345.37 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 740.86 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 567.82 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 5,317.04 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 53.32 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 265.72 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 42.61 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,248.50 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 3,543.16 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 436.14 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 483.21 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 842.98 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 53.70 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 3,715.43 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,520.77 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 5,741.19 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 15,870.00 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 168.64 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 630.75 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 9,735.00 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 1,719.65 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 54.74 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 302.30 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 18,144.34 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 126.72 $ 2,462,191.45 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 250,321.76 140 COMMUNITY DEV BLOCK GRANT 1,492.37 165 SARDA AFFORDABLE HOUSING 6,145.53 190 TEMECULA COMMUNITY SERVICES DISTRICT 125,909.23 192 TCSD SERVICE LEVEL B 240.88 194 TCSD SERVICE LEVEL D 2,075.51 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 450.53 197 TEMECULA LIBRARY FUND 944.62 300 INSURANCE FUND 3,944.29 320 INFORMATION TECHNOLOGY 20,118.56 330 SUPPORT SERVICES 7,190.47 340 FACILITIES 9,391.67 375 SUMMER YOUTH EMPLOYMENT PROGRAM 1,705.44 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 86.86 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 58.21 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 69.08 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 12.62 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 140.26 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 25.44 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 36.00 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 238.04 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.43 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.77 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.30 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 158.96 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 33.89 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 19.59 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 17.17 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 39.55 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.49 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 147.18 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 78.81 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 213.51 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 361.05 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.64 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.52 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 203.15 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 65.46 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 3.03 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9.52 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 299.52 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 4.11 432,294.02 TOTAL BY FUND: $ 2,894,485.47 apChkLst Final Check List Page: 1 08/15/2013 3:22:24PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2240 08/15/2013 010349 CALIF DEPT OF CHILD Support Payment 1,704.33 1,704.33 SUPPORT 2241 08/15/2013 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 143,381.60 143,381.60 RETIREMENT) 2242 08/15/2013 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 10,939.01 10,939.01 SOLUTION 2243 08/15/2013 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 5,868.82 5,868.82 SOLUTION 2244 08/15/2013 000283 INSTATAX (IRS) Federal Income Taxes Payment 78,633.24 78,633.24 2245 08/15/2013 000444 INSTATAX (EDD) State Disability Ins Payment 21,754.31 21,754.31 2246 08/15/2013 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 5,220.88 5,220.88 303355 2247 08/13/2013 000621 WESTERN RIVERSIDE Jul '13 TUMF Payment 142,144.76 142,144.76 COUNCIL OF 159934 08/15/2013 007186 AB MAILING SOLUTIONS postage:Comm Theater 375.04 375.04 159935 08/15/2013 004973 ABACHERLI, LIN DI TCSD instructor earnings 595.00 595.00 159936 08/15/2013 013667 ACADEMY OF MUSIC, INC. performance:hot summer nights 8/16 600.00 600.00 159937 08/15/2013 013367 ACTIVE MICRO INC misc tools & equip: PW traffic div 585.87 585.87 159938 08/15/2013 014695 ALL AMERICAN equip purchase:Police bike patrol 199.87 MOTORSPORTS, INC equip purchase:Police bicycle patrol 123.31 equip purchase:Police bike patrol 159939 08/15/2013 009374 ALLEGRO MUSICAL VENTURES piano tuning & maint:theater 159940 08/15/2013 006915 ALLIES PARTY EQUIPMENT 77.54 400.72 170.00 170.00 event equip rental:hot summer nights 293.16 event equip rental:hot summer nights 159941 08/15/2013 002187 ANIMAL FRIENDS OF THE June Animal control services VALLEYS 271.75 564.91 10,000.00 10,000.00 Pagel apChkLst Final Check List Page: 2 08/15/2013 3:22:24PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 159942 08/15/2013 004623 AQUA SOURCE INC misc pool supplies: tes swimming pool 159943 08/15/2013 011954 BAKER & TAYLOR INC misc books:Library misc books:Library misc books:Library 1,538.46 1,538.46 54.96 44.98 13.88 113.82 159944 08/15/2013 013482 BAS SECURITY July security:harveston lake park 1,452.00 1,452.00 159945 08/15/2013 004040 BIG FOOT GRAPHICS TCSD instructor earnings 1,547.00 1,547.00 159946 08/15/2013 016227 BURROW, OLINDA refund:sec dep:rm rental:harveston 200.00 200.00 159947 08/15/2013 001035 C R & R INC Aug Trash hauling services 261.01 261.01 159948 08/15/2013 004073 CALIF DEPT OF HIGHWAY traffic control svcs:frnch vly pkwy 95.80 95.80 PATROL 159949 08/15/2013 004241 CALIF DEPT OF STATE Remittance of SB1186 - dis. access/educ 202.20 202.20 ARCHITECT 159950 08/15/2013 000131 CARL WARREN & COMPANY July Claim adjuster services 2,777.32 INC June Claim adjuster services 691.88 3,469.20 159951 08/15/2013 014726 CHAPTER 13 STANDING SUPPORT PMT 182.77 182.77 TRUSTEE 159952 08/15/2013 004405 COMMUNITY HEALTH Community Health Charities Payment 44.00 44.00 CHARITIES 159953 08/15/2013 001923 CONVERSE CONSULTANTS 4/27-5/31/13 SOILTESTING:PAVEMNT 310.00 310.00 REHAB 159954 08/15/2013 001264 COSTCO WHOLESALE misc supplies:theater 592.67 misc supplies:human srvcs div 227.42 820.09 159955 08/15/2013 016208 CREATIVE MAD SYSTEMS, INC. MATERIALS:C. MUSEUM EXHIBIT 159956 08/15/2013 014580 DANCE THEATRE COLLECTIVE entertainment:dance Xchange:Theater 159957 08/15/2013 015535 DEMARCO, ROSALIE TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 159958 08/15/2013 007057 DERN BACH, ESTHER MARIE TCSD instructor earnings 9,000.00 9,000.00 7,200.00 7,200.00 315.00 210.00 35.00 560.00 227.50 227.50 Page2 apChkLst Final Check List Page: 3 08/15/2013 3:22:24PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 159959 08/15/2013 004192 DOWNS COMMERCIAL FUELING INC Description Amount Paid Check Total Fuel for city vehicles:PW, TCSD 2,620.56 Fuel for city vehicles:PW Maint 1,541.56 Fuel for city vehicles:PW Traffic 541.64 Fuel for city vehicles:B&S Dept 493.44 Fuel for city vehicles:Code Enf, TCSD 446.40 Fuel for city vehicles:PW CIPMP DES 361.93 Fuel for city vehicles:PW CIPMP DES 148.35 Fuel for city vehicles:Police 84.03 Fuel for city vehicles:Police 83.04 Fuel for city vehicles:TCSD 79.72 6,400.67 159960 08/15/2013 011202 EMH SPORTS USA, INC TCSD instructor earnings 1,001.00 1,001.00 159961 08/15/2013 014830 FIBERLINK COMMUNICATION Jun MDM monthly usage 120.50 120.50 CORP 159962 08/15/2013 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 135.00 135.00 159963 08/15/2013 005405 GILLILAND, ROBIN reimb:dutch tiles:duck pond CIP proj 1,806.41 1,806.41 159964 08/15/2013 015750 GMU GEOTECHNICAL, INC. Jun vibration monitor svcs:maint st 11,692.50 11,692.50 159965 08/15/2013 003592 GRANITE CONSTRUCTION July asphalt construction:main st bridge 261,986.25 261,986.25 COMPANY 159966 08/15/2013 015451 GREATAMERICA FINANCIAL Aug copier leases:civic center, TVE2 1,341.70 SVCS 159967 08/15/2013 001135 HEALTH POINTE MEDICAL GROUP INC Aug copier leases:civic center, TVE2 589.59 Aug copier leases:civic center, TVE2 289.44 2,220.73 Jun Pre-employment physicals:HR 475.00 Jun Pre-employment physicals:HR 230.00 Feb Pre-employment physicals:HR 95.00 Feb Pre-employment physicals:HR 50.00 850.00 159968 08/15/2013 011622 JOHNSON, ROBERT C refund of AFLAC premium pmt 58.10 58.10 159969 08/15/2013 009336 KOPIE SHOP LLC printing srvcs:posters for theater 168.48 168.48 159970 08/15/2013 016110 LDCO, INC. July construction contract:tcc 67,183.05 67,183.05 159971 08/15/2013 000482 LEIGHTON CONSULTING INC July geotech svcs:rori rnch st improv 19,705.70 Jun soil testing:main st bridge over 6,780.90 12/1-1/31/13 soil testing:ynez pave 385.90 26,872.50 Pages apChkLst Final Check List Page: 4 08/15/2013 3:22:24PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 159972 08/15/2013 016189 LETNER ROOFING CO repair/maint:roof leak in confctr 1,039.02 1,039.02 159973 08/15/2013 002933 LINSCOTT LAW & GREENSPAN June Traffic analysis:arbor vista dev 5,397.74 159974 08/15/2013 014772 LOTA, RAYMOND A May Traffic analysis:arbor vista dev 4,360.00 9,757.74 mobile photo booth:4th of July:RRSP 1,195.00 photo booth:summer day camp 7/11 159975 08/15/2013 008965 LOWDER, BOB performance:hot summer nights 8/16 159976 08/15/2013 008257 LOYA, MARIANO Bilingual assessments 7/15 159977 08/15/2013 008716 MAGEE, BILL performance:hot summer nights 8/23 159978 08/15/2013 016220 MAINFREIGHT, INC. customs clearance svc fee:nethedands 159979 08/15/2013 000944 MCCAIN TRAFFIC SUPPLY INC traffic signal replacement parts:pw 159980 08/15/2013 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Eamings ANN 799.00 1,994.00 550.00 550.00 400.00 400.00 650.00 650.00 430.42 430.42 414.72 414.72 504.00 TCSD Instructor Eamings 453.60 TCSD Instructor Eamings 100.80 1,058.40 159981 08/15/2013 001214 MORNINGSTAR equipment rentals/svcs:Police 4,762.44 PRODUCTIONS, LLC equipment rentals/svcs:Police 1,142.81 159982 08/15/2013 015756 MOUNTAINVIEW COMMUNITY refund:sec dep:picnic rental:marg prk 200.00 CHURCH 5,905.25 200.00 159983 08/15/2013 015164 NATURES IMAGE, INC Julyenviro mitigation © fmch vly 1,452.95 1,452.95 159984 08/15/2013 016230 NRPA membership regis:Willcox, Gwen 150.00 150.00 159985 08/15/2013 002292 OASIS VENDING Coffee supplies:MPSC 140.29 140.29 159986 08/15/2013 003964 OFFICE DEPOT BUSINESS SVS Printing srvcs:police business cards 50.63 DIV 159987 08/15/2013 002105 OLD TOWN TIRE & SERVICE Misc office supplies:PW Land Dev 23.13 Misc office supplies:PW CIP 20.39 94.15 City Vehicle Maint Svcs:TCSD 577.00 City Vehicle Maint Svcs:Bldg & Safety 159988 08/15/2013 015033 PACIFIC MUNICIPAL Jun consult srvcs:housing element CONSULTANTS 313.14 890.14 1,288.75 1,288.75 Page4 apChkLst Final Check List Page: 5 08/15/2013 3:22:24PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 159989 08/15/2013 016226 PEALS, ANNIE refund:sec dep:rm rental:CRC 200.00 200.00 159990 08/15/2013 013115 PETERSON NUGENT, KRISTIN TCSD Instructor Eamings 889.00 889.00 159991 08/15/2013 000249 PETTY CASH Petty Cash Reimbursement 1,029.86 Petty Cash Reimbursement 97.56 1,127.42 159992 08/15/2013 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 72,328.26 Various Water Meters 4,237.53 Various Water Meters 1,819.45 Various Water Meters 1,433.07 Jul var water meters:PW 233.42 Jul 01-06-99000-14 Pujol St 10.28 80,062.01 159993 08/15/2013 000907 RANCHO TEMECULA CAR City vehicle detailing srvcs: Police CAP 35.00 35.00 WASH 159994 08/15/2013 013632 RELIANCE CHURCH refund:sec dep:rm rental:CRC 200.00 200.00 159995 08/15/2013 016223 REYES, ANNA refund:sec dep:rm rental:CRC 200.00 200.00 159996 08/15/2013 013759 RICE, KENNETH Performance:Hot Summer Nights 8/16 600.00 600.00 159997 08/15/2013 010087 RIGGS & RIGGS INC Appraisal srvcs:westem bypass bridge 2,750.00 2,750.00 159998 08/15/2013 000353 RIVERSIDE CO AUDITOR FY13/14 LAFCO Cost Allocation Fees 7,063.68 7,063.68 159999 08/15/2013 000278 SAN DIEGO UNION TRIBUNE Jul public ntcs:City Clerlc/Pln/PW 778.32 778.32 160000 08/15/2013 008529 SHERIFFS CIVIL DIV- SUPPORT PMT 300.00 300.00 CENTRAL 160001 08/15/2013 009213 SHERRY BERRY MUSIC FY 13/14 theater procurement agrmnt 11,700.00 Jazz © the Merc 8/8 388.50 12,088.50 160002 08/15/2013 000645 SMART & FINAL INC Supplies:Lifeguard programs Misc supplies:Human Services Misc supplies:MPSC 160003 08/15/2013 016219 SMITH, ERIC Performance: smr concert series 8/15 216.48 180.79 165.81 563.08 1,500.00 1,500.00 Pages apChkLst Final Check List Page: 6 08/15/2013 3:22:24PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 160004 08/15/2013 000537 SO CALIF EDISON 160005 08/15/2013 005244 SOCIETY FOR HUMAN RESOURCE MGM 160006 08/15/2013 012652 SOUTHERN CALIFORNIA 160007 08/15/2013 016190 SPECIALTY PLASTIC FABRICATION 160008 08/15/2013 000293 STADIUM PIZZA INC 160009 08/15/2013 003599 T Y LIN INTERNATIONAL 160010 08/15/2013 000305 TARGET BANK BUS CARD SRVCS 160011 08/15/2013 004274 TEMECULA VALLEY SECURITY CENTR 160012 08/15/2013 000668 TIMMY D PRODUCTIONS INC (Continued) Description Amount Paid Check Total Jul 2-01-202-7330:various All -nice LS -1 Jul 2-01-202-7603:various All -nice LS -1 Jul 2-29-223-8607:42035 2nd St PED Jul 2-02-351-5281 R.Vista Rd Jul 2-20-798-3248 C. Museum Jul 2-10-331-2153 TCC Jul 2-28-171-2620 Police Mall Stn Jul 2-33-777-1950 Village Rd Jul 2-30-608-9384 Harveston Dr Jul 2-35-403-6337:41375 McCabe Ct Jul 2-29-974-7899:26953 Ynez LS -3 Jul 2-29-479-2981:31454 Tem pkwy TC -1 Jul 2-31-419-2659:26706 Ynez TC 1 Jul 2-29-223-9571 Murr Hot Sprgs Rd Jul 2-25-350-5119 Redhawk Pkwy ped Jul 2-30-066-2889 R.Vista ped Membership dues: I. Garibay Aug gen usage:0141,0839,2593,9306 Display cases:Civic Cntr Art Rotation Refreshments:skate park Jun consulting srvcs:F.V.Pkwy/I-15 Jun consulting srvcs:Wnchstr/I-15 Misc supplies:Summer Day Camp Misc supplies:Children's Museum Misc supplies:Summer Day Camp Misc supplies:Summer Day Camp Misc supplies:Summer Day Camp Misc supplies:Summer Day Camp Misc supplies:Summer Day Camp Locksmith srvcs: Civic Center locksmith srvcs: library Aug sound tech :Smr Concert Series 160013 08/15/2013 006192 TRISTAFF GROUP temp help w/e 07/28 P. Laulu 77,621.16 24,734.68 8,285.08 7,944.07 2,190.92 1,426.42 1,331.60 1,042.38 756.84 659.34 140.46 98.81 53.66 53.14 27.42 26.07 180.00 492.69 2,768.33 36.23 298,557.88 87,476.36 105.74 64.26 48.80 36.52 32.55 26.42 14.63 117.92 81.00 2,250.00 126,392.05 180.00 492.69 2,768.33 36.23 386,034.24 328.92 198.92 2,250.00 883.20 883.20 Pages apChkLst Final Check List Page: 7 08/15/2013 3:22:24PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 160015 08/15/2013 002702 U S POSTAL SERVICE Jun '13 postage meter deposit 2,333.53 May' 13 postage meter deposit 1,981.51 Jul '13 postage meter deposit 1,904.90 6,219.94 160016 08/15/2013 014413 U.S. DEPARTMENT OF SUPPORT PMT 251.10 251.10 EDUCATION 160017 08/15/2013 007766 UNDERGROUND SERVICE Jul undrgrnd svcs alert tickets:PW 165.00 165.00 ALERT 160018 08/15/2013 000325 UNITED WAY United Way Charities Payment 25.00 25.00 160019 08/15/2013 004794 VALLEYWINDS COMMUNITY Performance:Hot Summer Nights 8/16 187.50 187.50 160020 08/15/2013 004261 VERIZON Aug xxx-2941 general usage:TVE2 410.84 Jul xxx-6540 gen usage:Rori fire stn 111.77 522.61 160021 08/15/2013 004789 VERIZON Aug internet svcs:Th eater 134.99 Jul Internet svcs:SW DS L:P D:Jones,C. 39.95 174.94 160022 08/15/2013 013010 WALKER, CHARLES ee computer purchase prgm 540.75 540.75 Grand total for UNION BANK OF CALIFORNIA: 1,493,081.79 Page:7 apChkLst Final Check List Page: 8 08/15/2013 3:22:24PM CITY OF TEMECULA 96 checks in this report. Grand Total All Checks. 1,493,081 79 Pages apChkLst Final Check List Page: 1 08/22/2013 12:53:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2248 08/20/2013 016163 STOK, JEROEN Art Sculptures:Sister Cities 29,999.00 29,999.00 2249 08/20/2013 005460 U S BANK Secured Settlement CFD/AD pmt 134,993.13 134,993.13 160023 08/22/2013 013367 ACTIVE MICRO INC misc tools & equip: PW traffic div 147.61 147.61 160024 08/22/2013 012943 ALPHA MECHANICAL SERVICE diagnostic inspection:computer mi:IT 4,540.76 4,540.76 INC 160025 08/22/2013 004240 AMERICAN FORENSIC NURSES JULY DUI & DRUG 678.08 (AFN) SCREENINGS:POLICE July DUI & drug screenings: Police 720.46 1,398.54 160026 08/22/2013 004431 AMERICAN PAYROLL Regis:preparing for year end 2014:MJ 415.00 415.00 INSTITUTE INC 160027 08/22/2013 000747 AMERICAN PLANNING 13/14 APA membership:West, Dale 390.00 390.00 ASSOCIATION 160028 08/22/2013 016245 ANGELO, SERENA refund: parking cite: 86081 20.00 20.00 160029 08/22/2013 015592 BAMM PROMOTIONAL promotional items:aquatics prgm 352.05 352.05 PRODUCTS, INC 160030 08/22/2013 015914 BARE MANUFACTURING, INC. Fire equipment/supplies: Sta 92 390.00 390.00 160031 08/22/2013 004040 BIG FOOT GRAPHICS TCSD instructor earnings 224.00 224.00 160032 08/22/2013 004262 BIO-TOX LABORATORIES DUI & DRUG SCREENINGS: POLICE 1,439.00 DUI & DRUG SCREENINGS: POLICE 1,943.50 DUI & DRUG SCREENINGS: POLICE 1,734.00 5,116.50 160033 08/22/2013 014284 BLAKELYS TRUCK SERVICE veh repairs & maint: pw street maint 1,019.34 veh repairs & maint: pw street maint 425.28 1,444.62 160034 08/22/2013 006908 C C & COMPANY INC summer concert series:face painting 450.00 50% dep:hot summer nights:dyna dave 687.50 1,137.50 160035 08/22/2013 002363 CC POA '13 CCPOA mb:Salazar/Harney 60.00 60.00 Pagel apChkLst Final Check List Page: 2 08/22/2013 12:53:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 160036 08/22/2013 003138 CAL MAT 160037 08/22/2013 004248 CALIF DEPT OF JUSTICE-ACCTING 160038 08/22/2013 004971 CANON FINANCIAL SERVICES, INC 160039 08/22/2013 002415 CASTLE AMUSEMENT PARK 160040 08/22/2013 005311 CERTIFIED POOL WATER SPCL. 160041 08/22/2013 000137 CHEVRON AND TEXACO 160042 08/22/2013 015263 CITY OF EL CAJON 160043 08/22/2013 005447 CLEMENTS, BRIAN 160044 08/22/2013 003151 COMMERCIAL TRANSPORTATION SERV 160045 08/22/2013 008594 COMMUNITY BANK 160046 08/22/2013 000442 COMPUTER ALERT SYSTEMS (Continued) Description Amount Paid Check Total asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs JULY DUI ALCOHOL & DRUG SCREENS:POLICE AUG COPIER LEASES:CIVIC CENTER excursion:day camp 8/1 water fountain maint:civic ctr/town sq fountain maint svcs:town square swimming pool maint svcs:crc & tes City vehicles fuel: Police san diego emp rel consortium 13/14 Reimb:uniforms:B&S equip training & cert:pw maint staff Rel/Escrow#1994: PW10-14 alarm monitor srvcs: ymca alarm system repair: civic center alarm sys repair:ymca at marg park 160047 08/22/2013 013286 CONN EXON TELECOM INC Aug Enterprise 911 svc: IT 320.97 454.09 504.69 676.90 399.02 458.96 399.02 1,215.60 396.65 685.85 398.23 398.23 418.21 805.00 3,004.54 2,132.85 550.00 350.00 1,025.00 1,942.59 1,700.00 95.00 976.50 15,611.11 224.82 657.00 747.00 6,726.42 805.00 3,004.54 2,132.85 1,925.00 1,942.59 1,700.00 95.00 976.50 15,611.11 1,628.82 250.00 250.00 Page2 apChkLst Final Check List Page: 3 08/22/2013 12:53:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 160048 08/22/2013 002945 CONSOLIDATED ELECTRICAL DIST. Description Amount Paid Check Total misc electrical supplies: var parks 231.82 Elect repairs:childrens museum 518.40 Elect repairs:history museum 417.96 Elect repairs:senior center 145.80 1,313.98 160049 08/22/2013 014663 CONTROL TECH WEST, INC. LED modules:pw traffic div 18,020.88 18,020.88 160050 08/22/2013 013379 COSSOU, CELINE TCSD Instructor Eamings 147.00 147.00 160051 08/22/2013 014521 COSTAR GROUP AUG WEB SUBSCRIPTION:ECO DEV 363.66 INFORMATION, INC JULY WEB SUBSCRIPTION:ECO DEV 363.66 727.32 160052 08/22/2013 010650 CRAFTSMEN PLUMBING & plumbing repair& maintenance: Sta 73 165.00 165.00 HVAC INC 160053 08/22/2013 011870 CRIME SCENE STERI-CLEAN, biohazard clean-up:Police 7/16 750.00 750.00 LLC 160054 08/22/2013 012937 CRITICAL INFORMATION FETN & Pulse online:Fire 4,482.24 4,482.24 NETWORK 160055 08/22/2013 015535 DEMARCO, ROSALIE TCSD Instructor Eamings 245.00 TCSD Instructor Eamings 294.00 539.00 160056 08/22/2013 016251 DRAKE, MARK refund:picnic:pala comm park 90.00 90.00 160057 08/22/2013 012217 DUDEK June cultural resource analysis:arbor 1,654.57 1,654.57 160058 08/22/2013 004799 E C S IMAGING INC LSAP software purch:info tech 2,994.00 software support & maint:laserfiche 1,095.00 4,089.00 160059 08/22/2013 015350 E.R.E.S ENTERPRISES, INC. replacement coffee maker:FS#73 754.24 754.24 160060 08/22/2013 002390 EASTERN MUNICIPAL WATER Jul water meter:32131 S Loop Rd bldg 87.96 DIST Jul water meter:32131 S Loop rd dcda 314.91 Aug water meter:Murr hot springs rd 206.78 Aug water meter:Murr hot springs rd 40.41 650.06 160061 08/22/2013 012747 EMERGENCY LIGHTING emerg lighting sys maint svcs:theater 525.00 EQUIPMENT emerg lighting sys maint svcs:theater 262.50 787.50 160062 08/22/2013 011202 EMH SPORTS USA, INC TCSD instructor earnings 588.00 588.00 160063 08/22/2013 005115 ENTERPRISE RENT A CAR INC Veh rental day camp excursion 8/6 125.22 Veh rental day camp excursion 7/30 125.22 250.44 Pages apChkLst 08/22/2013 12:53:45PM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 160064 08/22/2013 011292 ENVIRONMENTAL SCIENCE ASSOC. 160065 08/22/2013 015966 ERGO SOLUTION INC 160066 08/22/2013 003665 EXCEL COMMERCIAL 160068 08/22/2013 001056 EXCEL LANDSCAPE INC 160069 08/22/2013 012170 E -Z UP DIRECT.COM, LLC 160070 08/22/2013 009953 FEDERAL CLEANING CONTRACTORS 160071 08/22/2013 000380 FIRST STUDENT CHARTER 160072 08/22/2013 014441 FITNESS VENTURES INT'L, LLC 160073 08/22/2013 011145 FOSTER, JILL CHRISTINE 160074 08/22/2013 009097 FULL COMPASS SYSTEMS 160075 08/22/2013 016184 FUN EXPRESS, LLC 160076 08/22/2013 003946 GT ENTERTAINMENT (Continued) Description Amount Paid Check Total June ElRjefferson corridor FY 12-13 ergonomic trng & eval: HR Jul long distance phone svcs July Idscp maint svcs: var north slopes July Idscp maint svcs: var south slopes credit memo:work order#1297 JULY LDSCP MAINT SVC:VAR PARKS,ME JULY LDSCP MAINT SVC:VARIOUS MEDI, July Indscp maint svc:sports parks planting:work order #1321 July Idscp maint svcs: var facilities JUL FV INTERCHG:TEM MARINE, BASIC: JUL FRENCH VLY INTER:41375 MCCABE credit billing adj:dupl pmt on invoice shade structure:aquatics prgm AUG JANITORIALSVCS:PD MALL STOREFRONT transportation:day camp excursion 7/25 transportation:day camp excursion 7/3 fitness equip:emp wellness center TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings soundAighting/misc supplies:theater soundAighting/misc supplies:theater soundAighting/misc supplies:theater soundAighting/misc supplies:theater soundAighting/misc supplies:theater MISC SUPPLIES:TCSD SPECIAL EVENTS:MPSC MISC SUPPLIES:TCSD SPECIAL EVENTS DJ & sound tech:COT boat regatta 8/23 160077 08/22/2013 013552 GANDS PRODUCTIONS LLC Settlement:Country...Merc 8/17 22,863.40 1,000.00 54.74 19,749.97 34,844.87 -400.00 47,825.10 17,994.70 50,935.88 528.00 9,893.13 200.00 200.00 -1,188.00 1,522.80 761.50 489.97 506.26 1,746.28 1,082.90 1,853.37 940.33 530.70 137.73 96.24 158.00 246.27 120.00 494.00 350.00 22,863.40 1,000.00 54.74 181,771.65 334.80 761.50 996.23 1,746.28 3,876.60 1,168.94 614.00 350.00 866.25 866.25 Page4 apChkLst Final Check List Page: 5 08/22/2013 12:53:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 160078 08/22/2013 009608 GOLDEN VALLEY MUSIC 1st install pmt:Theater procurement 11,400.00 11,400.00 SOCIETY 160079 08/22/2013 015534 GOVERNMENT JOBS.COM, 7/1-6/30/14 USER LICENSE:NEOGOV 11,000.00 11,000.00 INC. 160080 08/22/2013 016252 HARDING, GREG refund: picnic:ronald reagan park 60.00 60.00 160081 08/22/2013 004188 HARRIS&ASSOCIATES July const mgmt svcs:french vly interchg 160,585.86 160,585.86 160082 08/22/2013 014487 HM ELECTRONICS, INC sou ndAighting supplies: Theater 241.92 241.92 160083 08/22/2013 003198 HOME DEPOT, THE misc traffic inspection tools:police 782.70 782.70 160084 08/22/2013 004217 HYDROTEK COMPANY misc parts/supplies:pressure washers 193.81 193.81 160085 08/22/2013 014062 ID CARD GROUP ID card supplies: info tech 1,529.28 1,529.28 160086 08/22/2013 016250 IDEA refund:sec dep:rm rental:CRC 200.00 200.00 160087 08/22/2013 011228 INLAND PLANNING AND July consulting svcs:jefferson corridor 1,020.00 1,020.00 DESIGN INC 160088 08/22/2013 006914 INNOVATIVE DOCUMENT JULY COPIER 3,897.04 SOLUTIONS MAINT/REPAIR:CITYVVIDE JULY COPIER MAINT/REPAIR:LIBRARY 972.06 4,869.10 160089 08/22/2013 001407 INTER VALLEY POOL SUPPLY pool supplies: var swimming pools INC 160090 08/22/2013 010023 JHCH REDLANDS LAND CO refund:eng grad dep:LD13-005GR LLC 160091 08/22/2013 012285 JOHNSTONE SUPPLY emerg repair -sump pumps: civic center 160092 08/22/2013 003046 KF R O G 95.1 FM RADIO Jul -Aug advertising:hot summer nights 160093 08/22/2013 004115 K T U &ASSOCIATES June prgss Mstr Plan:Roripaugh trails 160094 08/22/2013 001091 KEYSER MARSTON June real estate consulting:housing ASSOCIATES INC 595.58 595.58 11,180.00 11,180.00 40.00 40.00 1,105.00 1,105.00 1,879.47 1,879.47 1,865.76 1,865.76 Pages apChkLst Final Check List Page: 6 08/22/2013 12:53:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 160095 08/22/2013 004947 KOSS INTERNATIONAL CORP. chalk:street painting festival 2013 916.69 916.69 160096 08/22/2013 004062 KUSTOM SIGNALS INC equip repair/maint:police lidar & radar 979.24 979.24 160097 08/22/2013 013660 L + L PRINTERS CARLSBAD, printing:FY 13-14 Theater brochure 14,529.02 14,529.02 LLC 160098 08/22/2013 004412 LEANDER, KERRY D. TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 160099 08/22/2013 004905 LIEBERT, CASSIDY & July HR legal svcs for TE060-00001 WHITMORE 160100 08/22/2013 005090 LOS RANCHITOS HOME, Property dues: APN 922-140-010 OWNERS ASSOC. 160101 08/22/2013 016255 MACNAB, JAMES refund: parking cite: 85129 160102 08/22/2013 011179 MC MILLIN REDHAWK LLC TCSD Instructor Eamings 160103 08/22/2013 014333 MCGRATH RENTCORP security deposit:OATC trailer:Fire 160104 08/22/2013 006571 MELODYS AD WORKS INC. 160105 08/22/2013 005887 MOFFATT & NICHOL ENGINEERS 160106 08/22/2013 006077 N T H GENERATION COMPUTING INC 160107 08/22/2013 002925 NAPAAUTO PARTS 160108 08/22/2013 008820 NEIGHBORS NEWSPAPER 160109 08/22/2013 014391 NICHOLS, KELLIE D. OATC trailer:Fire 756.00 182.00 182.00 91.00 1,211.00 360.00 360.00 25.00 25.00 305.00 305.00 787.50 787.50 -1,300.00 2,622.70 1,322.70 Aug retainer:hot summer nights 6,000.00 consultant svcs:csd special events 2013 July eng/const svcs:french vly interchg software renewal:info tech Auto parts & misc supplies: FS#73 misc veh parts/supplies:pw street maint 85.99 6,085.99 6,755.00 6,755.00 1,140.48 1,140.48 58.21 3.73 61.94 Aug advertising:hot summer nights 250.00 July advertising:hot summer nights TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 250.00 500.00 213.50 273.00 192.50 315.00 994.00 160110 08/22/2013 016241 NU WAY INTERNATIONAL refund:picnic:Harveston 55.00 55.00 Pages apChkLst Final Check List Page: 7 08/22/2013 12:53:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 160111 08/22/2013 003964 OFFICE DEPOT BUSINESS SVS DIV Description Amount Paid Check Total Misc office supplies:PW Land Dev 15.64 MISC OFFICE SUPPLIES:FINANCE Business cards:TCSD Business cards:police 1,094.77 72.75 50.63 1,233.79 160112 08/22/2013 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Traffic 1,407.65 City Vehicle Maint Svcs:PW Land Dev 62.50 City Vehicle Maint Svcs:PW Land Dev 380.05 City Vehicle Maint Svcs:PW Traffic 297.72 City Vehicle Maint Svcs:PW Traffic 2,403.61 4,551.53 160113 08/22/2013 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Parks 164.73 164.73 160114 08/22/2013 007959 ONEIL SOFTWARE INC RS -SQL software license renewal: I.T. 1,286.51 1,286.51 160115 08/22/2013 005656 P A P A PAPA sem 9/17 M.W echec/S.Fox 160.00 160.00 160116 08/22/2013 016253 P C G - MARGARITA LP refund:engineering dep:LD06-203GR 995.00 995.00 160117 08/22/2013 011520 PACIFIC CENTURY HOMES INC refund:engineering dep:LD07-098GR 995.00 refund:engineering dep:LD06-131GR 995.00 1,990.00 160118 08/22/2013 014460 PATEL, MEERA refund: crc: kitchen 479.10 479.10 160119 08/22/2013 010134 PECK, WILLIAM T. Living history presentation:T. Museum 200.00 200.00 160120 08/22/2013 010338 POOL & ELECTRICAL misc pool supplies/chemicals:var pools 393.81 PRODUCTS INC misc supplies & chemicals:town sq 136.09 529.90 160121 08/22/2013 012904 PROACTIVE FIRE DESIGN Jul plan review consultant: Prevention 8,715.84 8,715.84 160122 08/22/2013 013725 PROCRAFT INC Garage door repair:fire stn 84 175.00 175.00 160123 08/22/2013 003697 PROJECT DESIGN 6/10-7/14/13 srvcs:Murr Crk Bridge 115.00 115.00 CONSULTANTS 160124 08/22/2013 008964 PULSIFER, JAMES Performance:Hot Summer Nights 8/23 750.00 750.00 160125 08/22/2013 000262 RANCHO CALIF WATER Jul var water meters:Fire 848.53 848.53 DISTRICT 160126 08/22/2013 002654 RANCHO FORD LINCOLN Vehicle maintenance: Prevention 646.54 646.54 MERCURY Page:7 apChkLst Final Check List Page: 8 08/22/2013 12:53:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 160127 08/22/2013 000947 RANCHO REPROGRAPHICS Blueprints:Civic Center 160128 08/22/2013 005383 RANCHO SPRINGS MEDICAL Jul assault exams:temecula police CENTER 160129 08/22/2013 009725 RAZAVI, MAN DIS TCSD Instructor Eamings 160130 08/22/2013 016132 REHBERG, VICKIE A. Exhibit loan fee:T. Museum 160131 08/22/2013 003591 RENES COMMERCIAL weed abatement:citywide-right-of-ways MANAGEMENT 160132 08/22/2013 000353 RIVERSIDE CO AUDITOR July parking citation 160133 08/22/2013 001365 RIVERSIDE COUNTY OF Apr -Jun' 13 vector control srvcs 160134 08/22/2013 016254 RORIPAUGH TEMECULA 113, refund: Ping: min exception:PA13-0055 LLC 8.26 8.26 900.00 900.00 347.20 347.20 2,250.00 2,250.00 7,430.00 7,430.00 5,582.33 5,582.33 5,864.69 5,864.69 522.00 522.00 160135 08/22/2013 009196 SACRAMENTO THEATRICAL SoundAighting supplies: Th eater 1,359.77 LIGHTING Sound/lighting supplies: Theater 2,926.44 4,286.21 160136 08/22/2013 011511 SCUBA CENTER TEMECULA TCSD Instructor Eamings 420.00 420.00 160137 08/22/2013 009213 SHERRY BERRY MUSIC Jazz © the Merc 8/15/13 473.20 473.20 160138 08/22/2013 004498 SIEMENS INDUSTRY, INC. Replace cabinet:R.Calif./Moraga Rd 11,249.81 11,249.81 160139 08/22/2013 000697 SISTER CITIES FY 13/14 agency membership dues 880.00 880.00 INTERNATIONAL 160140 08/22/2013 013029 SITEIMP ROVE INC Website scan services: info tech 1,874.00 1,874.00 160141 08/22/2013 003002 SMOOTHILL SPORTS Safety gear:Skate Park 439.29 439.29 DISTRIBUTORS Pages apChkLst Final Check List 08/22/2013 12:53:45PM CITY OF TEMECULA Page: 9 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 160142 08/22/2013 000537 SO CALIF EDISON 160143 08/22/2013 000519 SOUTH COUNTY PEST CONTROL INC 160144 08/22/2013 000293 STADIUM PIZZA INC 160145 08/22/2013 008337 STAPLES BUSINESS ADVANTAGE 160146 08/22/2013 015648 STEIN, ANDREW 160147 08/22/2013 006145 STENO SOLUTIONS TRANSCRIPTION 160148 08/22/2013 016163 STOK, JEROEN 160149 08/22/2013 001546 STRAIGHT LINE GLASS 160150 08/22/2013 013387 SWEEPING UNLIMITED INC 160151 08/22/2013 000305 TARGET BANK BUS CARD SRVCS 160152 08/22/2013 012265 TEMECULA ACE HARDWARE C/0 (Continued) Description Amount Paid Check Total Jul 2-31-693-9784:26036 Ynez TCI Jul 2-29-974-7568:26953 Ynez TCI Jul 2-33-237-4818:30499 Rancho cal Jul 2-26-887-0789 various mtrs Jul 2-26-887-0789 various mtrs Jul 2-30-296-9522:31035 Rancho vista Jul 2-00-397-5059:33340 Camino piedra pest control services: tes pool pest control srvcs:Stn 92 pest control srvcs:Stn 73 pest control srvcs:O.A.T.C. Refreshments:Summer Day Camp 8/9 Misc office supplies:police old town Office supplies: Theater Misc office supplies:TCSDAdmin Misc office supplies:TCSDAdmin Supplies:Human Resources Supplies:Human Resources Supplies:City Manager Misc office supplies:finance Misc office supplies:finance Misc supplies:Special Events Jul transcription srvcs:Police shpg chrgs:tulips art:Nethedands Repair windows:McCabe Court Aug sweeping srvcs: parking garage Supplies:Mary Phillips Senior Center Supplies: Harveston Center Supplies:Summer Day Camp Supplies:Tiny Tots Prgm Hardware & Supplies: Sta 92 Hardware & Supplies: Sta 92 misc maint supplies: various parks 277.11 124.64 91.02 2,294.75 2,639.83 264.23 5,809.27 94.00 42.00 48.00 48.00 182.78 202.52 173.32 264.55 87.65 21.15 63.70 79.60 94.28 34.01 740.90 490.84 2,092.73 290.24 500.00 109.06 101.37 6.16 28.62 42.43 219.48 11,500.85 232.00 182.78 1,020.78 740.90 490.84 2,092.73 290.24 500.00 245.21 48.68 310.59 Page9 apChkLst Final Check List Page: 10 08/22/2013 12:53:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 160153 08/22/2013 003677 TEMECULA MOTORSPORTS Veh repair & maint:police LLC 160154 08/22/2013 010046 TEMECULA VALLEY Jun' 13 Bus. Impry District Asmnts CONVENTION & 160155 08/22/2013 004274 TEMECULA VALLEY SECURITY locksmith srvcs: history mus/chapel CENTR 160156 08/22/2013 000919 TEMECULA VALLEY UNIFIED Fac joint use:tvusd perform arts center SCHOOL 160157 08/22/2013 010276 TIME WARNER CABLE Aug high speed internet Stn 92 160158 08/22/2013 000978 TIP OF SW RIVERSIDE TIP volunteer program:Police/Fire COUNTY INC 160159 08/22/2013 006192 TRISTAFF GROUP temp help w/e 08/04 P. Laulu 160160 08/22/2013 004124 TRUELINE surfacing repairs: rrsp hockey rink 160161 08/22/2013 013687 TURPIN, SOL WABASA Performance:Hot Summer Nights 8/23 160162 08/22/2013 002110 UNITED RENTALS NORTH misc equip rentals: pw street maint AMERICA 160163 08/22/2013 012549 UPODIUM Misc supplies: Stn 73 160164 08/22/2013 004261 VERIZON Jul xxx-0073 gen usage 160165 08/22/2013 004789 VERIZON Aug Internet svcs:Civic Center Jul Internet Svcs: Library 160166 08/22/2013 016243 VIDALES, LUIS A refund: parking cite: 85683 160167 08/22/2013 015058 WATER PARK VENTURES, LLC Day Camp Excursion 8/8/13 160168 08/22/2013 003730 WEST COASTARBORISTS INC 7/1-15/13 tree trimming srvcs:citywide 7/1-15/13 tree removal srvcs:citywide 160169 08/22/2013 000621 WESTERN RIVERSIDE FY 13/14 Solid Waste Cooperation Dues COUNCIL OF 1,032.90 1,032.90 126, 286.43 126, 28643 403.34 403.34 8,070.00 8,070.00 44.95 44.95 10,000.00 10,000.00 883.20 883.20 970.00 970.00 650.00 650.00 91.26 91.26 132.84 132.84 210.62 210.62 289.99 0.08 290.07 70.00 70.00 2,607.50 2,607.50 5,213.00 2,926.00 8,139.00 5,402.77 5,402.77 Page:10 apChkLst Final Check List Page: 11 08/22/2013 12:53:45PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 160170 08/22/2013 016248 WHITE, MAURICE refund:sec dep:rm rental:CRC 200.00 200.00 160171 08/22/2013 000230 WILLDAN FINANCIAL Jul -Sept srvc level consult srvcs:tcsd 5,250.00 5,250.00 SERVICES 160172 08/22/2013 016244 WILSON, MICHAEL refund: parking cite: 85391 305.00 305.00 160173 08/22/2013 015199 WINTER ADVERTISING Resource center brochure:TVE2 1,184.20 1,184.20 AGENCY 999604 08/19/2013 016224 CONNORS, ROBERTA refund: intro to excel: 3013.202 48.00 48.00 999605 08/19/2013 016222 HAM, AMY refund: sec deposit: Harveston 200.00 200.00 999606 08/19/2013 016228 JACOBSON, KATHERINE refund: sec deposit: Harveston 200.00 200.00 999607 08/19/2013 016225 NUAN ES, ADELA refund: Level 3 swim: 5103.509 45.00 45.00 Grand total for UNION BANK OF CALIFORNIA: 969,109.66 Page:11 apChkLst Final Check List Page: 12 08/22/2013 12:53:45PM CITY OF TEMECULA 156 checks in this report. Grand Total All Checks. 969,109.66 Page:12 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: September 10, 2013 SUBJECT: City Treasurer's Report as of July 31, 2013 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of July 31, 2013. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of July 31, 2013. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of July 31, 2013 Investments City of Temecula, California Portfolio Management Portfolio Summary July 31, 2013 Par Market Value Value Book % of Value Portfolio City of Temecula 41000 Main Street P.O. Box 9033 Temecula, CA 92590 (951)694-6430 Days to YTM YTM Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts Retention Escrow Account Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments 51,081,187.37 51,081,187.37 51,081,187.37 44.82 1 1 0.114 0.115 5,690,066.96 5,690,066.96 5,690,066.96 4.99 1 1 0.000 0.000 1.00 1.00 1.00 0.00 1 1 0.000 0.000 34,208,151.84 34,216,816.52 34,208,151.84 30.01 1 1 0.263 0.267 6,000,000.00 6,016,030.00 6,000,000.00 5.26 1,553 1,027 1.024 1.038 17,000,000.00 17,086,970.00 16,999,270.00 14.91 1,241 653 0.797 0.808 113,979,407.17 114,091,071.85 Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 2,395,256.13 116,374,663.30 113,978,677.17 100.00% 268 152 0.303 0.307 2,395,256.13 2,395,256.13 1 1 0.000 0.000 116,486,327.98 116,373,933.30 268 152 0.303 0.307 Total Earnings Current Year Average Daily Balance Effective Rate of Return July 31 Month Ending 35,434.52 123,456,927.49 0.34% Reporting period 07/01/2013-07/31/2013 Run Date: 08/29/2013 - 10:01 Fiscal Year To Date 35,434.52 123,456,927.49 0.34% Portfolio TEME CP PM (PRF_PM1) 7.3.0 Report Ver. 7.3.5 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2013 Average Purchase Investment # Issuer Balance Date Par Value Pagel Stated TTM YTM Days to Maturity Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216003-2 CITY COP RE2 ASSURED GUARANTY 0.00 0.00 0.00 1.000 0.986 1.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQ B3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAXI First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMWD 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMWD 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADM IN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BOND2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BOND2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216003-4 CITY COP RE4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 Run Date 08/29/2013-10'.04 Portfolio TEME CP PM (PRF_PM2) 7 3.0 Report Ver. 7 3 5 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2013 Average Purchase Investment # Issuer Balance Date Par Value Page 2 Stated TTM YTM Days to Maturity Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216000-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INTI First American Treasury 618,543.13 618,543.13 618,543.13 0.020 0.020 0.020 1 944 341 61-2 RDA 02 PRIN2 First American Treasury 545,000.00 545,000.00 545,000.00 0.000 0.000 1 107886008-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2013 285,000.00 285,000.00 285,000.00 0.000 0.000 1 107886000-2 RDA 06A INT2 First American Treasury 357,818.44 357,818.44 357,818.44 0.020 0.020 0.020 1 107886018-3 RDA 06B CIP3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886010-2 RDA 06B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,136.46 202,136.46 202,136.46 0.020 0.020 0.020 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886028-2 RDA 07 PROJ2 First American Treasury 209,668.05 209,668.05 209,668.05 0.020 0.020 0.020 1 107886026-2 RDA 07 RES2 First American Treasury 1,104,198.56 1,104,198.56 1,104,198.56 0.020 0.020 0.020 1 136343006 RDA 10 DS 1 First American Treasury 1,264,037.44 1,264,037.44 1,264,037.44 0.020 0.020 0.020 1 136343008 RDA 10A CIP2 First American Treasury 19,949.60 19,949.60 19,949.60 0.020 0.020 0.020 1 136343001-2 RDA 10A -INTI First American Treasury 260,001.48 260,001.48 260,001.48 0.000 0.000 1 136343018-2 RDA 10B CIP2 First American Treasury 1,186,517.28 1,186,517.28 1,186,517.28 0.020 0.020 0.020 1 136343000-1 RDA 10B -INTI First American Treasury 500,147.15 500,147.15 500,147.15 0.020 0.020 0.020 1 94432360-2 TCSD COP INT First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 440,413.65 440,413.65 440,413.65 0.010 0.010 0.010 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 190,895.29 190,895.29 190,895.29 0.010 0.010 0.010 1 104348000-5 01-2 SPTAXI1 Federated Tax Free Obligations 802,991.70 802,991.70 802,991.70 0.010 0.010 0.010 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 2,143,569.64 2,143,569.64 2,143,569.64 0.010 0.010 0.010 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 144.49 144.49 144.49 0.010 0.010 0.010 1 94669922-5 03-01 COI Federated Tax Free Obligations 07/01/2013 0.00 0.00 0.00 0.001 0.001 0.001 1 94669917-5 03-01 RES Federated Tax Free Obligations 799.71 799.71 799.71 0.010 0.010 0.010 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 147,774.77 147,774.77 147,774.77 0.010 0.010 0.010 1 94669000-5 03-01SPTAXII Federated Tax Free Obligations 666,456.54 666,456.54 666,456.54 0.010 0.010 0.010 1 164741009-5 03-03 COI Federated Tax Free Obligations 07/01/2013 0.00 0.00 0.00 0.001 0.001 0.001 1 164741008-5 03-03 IMP Federated Tax Free Obligations 795,529.38 795,529.38 795,529.38 0.010 0.010 0.010 1 164741006-5 03-03 RES Federated Tax Free Obligations 388.80 388.80 388.80 0.010 0.010 0.010 1 164741000-5 03-03 SPEC Federated Tax Free Obligations 1,451,920.81 1,451,920.81 1,451,920.81 0.010 0.010 0.010 1 164742009-5 03-06 COI Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 164742006-5 03-06 RES Federated Tax Free Obligations 776.22 776.22 776.22 0.010 0.010 0.010 1 Run Date 08/29/2013-10'.04 Portfolio TEME CP PM (PRF_PM2) 7 3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2013 Average Purchase Investment # Issuer Balance Date Par Value Page 3 Stated TTM YTM Days to Maturity Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 786776006-5 03-06 RES11 Federated Tax Free Obligations 164742000-5 03-06 SPEC Federated Tax Free Obligations 786776000-5 03-06SPTAXI I Federated Tax Free Obligations 94669902-5 03-1 bond fd Federated Tax Free Obligations 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 793593009-5 03-2 EMWD11 Federated Tax Free Obligations 793593016-5 03-2 LOCI 1 Federated Tax Free Obligations 793593010-5 03-2 PWADMI1 Federated Tax Free Obligations 793593006-5 03-2 RES11 Federated Tax Free Obligations 793593000-5 03-2 SPTX Federated Tax Free Obligations 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 744727006-5 03-3 RES11 Federated Tax Free Obligations 744727011-5 03-3ACQ11 Federated Tax Free Obligations 94686001-5 03-4 ADM INI1 Federated Tax Free Obligations 94686005-5 03-4 PREP11 Federated Tax Free Obligations 94686000-5 03-4 RED11 Federated Tax Free Obligations 94686006-5 03-4 RES11 Federated Tax Free Obligations 744727000-5 03-SSPTAXI1 Federated Tax Free Obligations 146161000-5 146161000-5 Federated Tax Free Obligations 146161001-5 146161001-5 Federated Tax Free Obligations 146161006-5 RDA 11 DS11 Federated Tax Free Obligations 146161008-5 RDA 11ACIP11 Federated Tax Free Obligations 146161009-5 RDA 11ACOI11 Federated Tax Free Obligations 94432363 02001 Financial Security Assurance 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 122216008 CITY COP CIP CA Local Agency Investment Fun 122216003-1 CITY COP REI CA Local Agency Investment Fun 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun Run Date 08/29/2013-10'.04 0.00 0.00 0.00 0.001 0.001 0.001 1 218,000.28 218,000.28 218,000.28 0.010 0.010 0.010 1 0.00 0.00 0.00 0.001 0.001 0.001 1 07/01/2013 0.51 0.51 0.51 0.000 0.000 1 998,557.27 998,557.27 998,557.27 0.010 0.010 0.010 1 1,097.57 1,097.57 1,097.57 0.010 0.010 0.010 1 141,983.85 141,983.85 141,983.85 0.010 0.010 0.010 1 0.00 0.00 0.00 0.010 0.010 0.010 1 368.22 368.22 368.22 0.010 0.010 0.010 1 2,271,845.87 2,271,845.87 2,271,845.87 0.010 0.010 0.010 1 1,144.24 1,144.24 1,144.24 0.010 0.010 0.010 1 0.00 0.00 0.00 0.001 0.001 0.001 1 0.00 0.00 0.00 0.001 0.001 0.001 1 507.45 507.45 507.45 0.010 0.010 0.010 1 07/01/2013 0.02 0.02 0.02 0.000 0.000 1 87,112.23 87,112.23 87,112.23 0.010 0.010 0.010 1 65, 504.01 65, 504.01 65, 504.01 0.010 0.010 0.010 1 0.00 0.00 0.00 0.001 0.001 0.001 1 07/01/2013 554,048.66 554,048.66 554,048.66 0.010 0.010 0.010 1 200,000.29 200,000.29 200,000.29 0.010 0.010 0.010 1 1,309,037.98 1,309,037.98 1,309,037.98 0.010 0.010 0.010 1 11,269,321.19 11,269,321.19 11,269,321.19 0.010 0.010 0.010 1 07/01/2013 0.00 0.00 0.00 0.020 0.020 0.020 1 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 17,121,300.29 17,121,300.29 17,121,300.29 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 3,646,676.85 3,646,676.85 3,646,676.85 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 Portfolio TEME CP PM (PRF_PM2) 7 3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2013 Average Purchase Investment # Issuer Balance Date Par Value Page 4 Stated YTM YTM Days to Maturity Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABs RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94669905-0 03-01 REF USBANK 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 744727099-0 03-03 REF USBANK 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 786776099-0 03-06 REF USBANK 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 3Y395453516-1 95453516-1 USBANK 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 Subtotal and Average 48,167,167.90 51,081,187.37 51,081,187.37 51,081,187.37 0.114 0.115 1 Retention Escrow Account 194012308-16 RJ NOBLE Bank of Sacramento ARMY CORPS Army Corps Union Bank SYSPI aza Prtnr PI aza Prtnr Wells Fargo Bank PORTOLA TRRC Portola Trrc Wells Fargo Bank 39211000 Summerhouse Wells Fargo Bank Subtotal and Average 5,694,216.34 0.00 0.00 0.00 0.000 0.000 1 600,122.43 600,122.43 600,122.43 0.000 0.000 1 07/01/2013 4,000,000.00 4,000,000.00 4,000,000.00 0.000 0.000 1 9,682.45 9,682.45 9,682.45 0.000 0.000 1 1,080,262.08 1,080,262.08 1,080,262.08 0.000 0.000 1 5,690,066.96 5,690,066.96 5,690,066.96 0.000 0.000 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2013 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669917-1 03-01-1 RES CA Local Agency Investment Fun 164742006-1 03-06 RES -1 CA Local Agency Investment Fun 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 164741006-1 0303-1 RES CA Local Agency Investment Fun SYSCITY CITY CA Local Agency Investment Fun SYSRDA RDA CA Local Agency Investment Fun SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun Run Date 08/29/2013-10'.04 766,369.12 766,369.12 766,369.12 0.267 0.263 0.267 1 306,547.64 306,547.64 306,547.64 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 1,420,537.78 1,420,537.78 1,420,537.78 0.267 0.263 0.267 1 20,160,188.85 20,165,696.75 20,160,188.85 0.267 0.263 0.267 1 1,743.79 1,744.27 1,743.79 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 0.00 0.00 0.00 0.267 0.263 0.267 1 Portfolio TEME CP PM (PRF_PM2) 7 3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2013 Average Purchase Investment # Issuer Balance Date Par Value Page 5 Stated TTM YTM Days to Maturity Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds SYSTCSD TCSD CA Local Agency Investment Fun Subtotal and Average 42,049,583.59 11,552,764.66 11,555,920.96 11,552,764.66 0.267 0.263 0.267 1 34,208,151.84 34,216,816.52 34,208,151.84 0.263 0.267 1 Federal Agency Callable Securities 3134G3BV1 3134G3CL2 3134G3PH7 3136FTBQ1 3136FT4R7 3135G0PR8 01179 01181 01186 01176 01188 01191 Federal Home Loan Mtg Corp Federal Home Loan Mtg Corp Federal Home Loan Mtg Corp Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Subtotal and Average 6,677,419.35 12/09/2011 12/16/2011 02/24/2012 10/24/2011 03/27/2012 10/09/2012 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,007,060.00 1,002,470.00 1,000,670.00 1,002,580.00 1,003,690.00 999,560.00 1, 000, 000.00 1.400 1.381 1.400 1,226 12/09/2016 1,000,000.00 1.000 0.986 1.000 684 06/16/2015 1, 000, 000.00 1.000 0.986 1.000 1,119 08/24/2016 1,000, 000.00 1.350 1.332 1.350 1,180 10/24/2016 1, 000, 000.00 1.000 0.986 1.000 1,153 09/27/2016 1,000,000.00 0.480 0.473 0.480 799 10/09/2015 6,000,000.00 6,016,030.00 6,000,000.00 1.024 1.038 1,027 Federal Agency Bullet Securities 31331KCA6 01164 31331KTK6 01174 31331KE55 01175 31331KK58 01177 31331KV98 01178 31331KY79 01180 31331K2P4 01182 31331K6P0 01183 3133EA6K9 01192 313372UH5 01166 313374CZ1 01168 313376V77 01184 313376YQ2 01185 313378AC5 01187 313378QH7 01189 313381DZ5 01193 3135G0HG1 01190 Run Date 08/29/2013-10'.04 Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal National Mtg Assn Subtotal and Average 17,900,237.74 02/10/2011 1, 000, 000.00 08/01/2011 1, 000, 000.00 10/06/2011 1, 000, 000.00 10/26/2011 1, 000, 000.00 11/23/2011 1,000,000.00 11/29/2011 1,000,000.00 12/09/2011 1, 000, 000.00 01/19/2012 1, 000, 000.00 10/29/2012 1, 000, 000.00 03/15/2011 1, 000, 000.00 06/22/2011 1, 000, 000.00 01/23/2012 1,000,000.00 02/13/2012 1, 000, 000.00 02/22/2012 1, 000, 000.00 03/28/2012 1, 000, 000.00 11/28/2012 1,000,000.00 07/05/2012 1, 000, 000.00 1,006,580.00 1,007,040.00 1,015,920.00 1,013,200.00 1,011,240.00 1,000,850.00 1,011,830.00 1,007,820.00 998,920.00 1,001,210.00 1,008,980.00 1,003,450.00 1,001,550.00 1,002,560.00 1,007,180.00 987,300.00 1,001,340.00 1, 000, 000.00 1.375 1.356 1.375 193 02/10/2014 1,000,000.00 0.875 0.863 0.875 365 08/01/2014 1,000, 000.00 1.300 1.282 1.300 1,162 10/06/2016 1, 000, 000.00 1.050 1.036 1.050 816 10/26/2015 1,000,000.00 0.970 0.957 0.970 844 11/23/2015 1,000,000.00 0.500 0.493 0.500 120 11/29/2013 1, 000, 000.00 1.000 0.986 1.000 860 12/09/2015 1,000,000.00 0.850 0.838 0.850 901 01/19/2016 1,000,000.00 0.410 0.404 0.410 819 10/29/2015 1, 000, 000.00 1.125 1.110 1.125 43 09/13/2013 1,000,000.00 1.000 0.986 1.000 417 09/22/2014 1,000,000.00 0.520 0.513 0.520 540 01/23/2015 1,000,000.00 0.400 0.395 0.400 561 02/13/2015 1,000,000.00 0.500 0.493 0.500 659 05/22/2015 1,000,000.00 0.900 0.888 0.900 970 03/28/2016 1,000,000.00 0.550 0.542 0.550 1,244 12/27/2016 999,270.00 0.375 0.399 0.404 592 03/16/2015 17,000,000.00 17,086,970.00 16,999,270.00 0.797 0.808 653 Portfolio TEME CP PM (PRF_PM2) 7 3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2013 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 6 Total and Average 123,456,927.49 Run Date 08/29/2013-10'.04 113,979,407.17 114,091,071.85 113,978,677.17 0.303 0.307 152 Portfolio TEME CP PM (PRE_PM2) 7 3 0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash July 31, 2013 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 7 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 4110170281 EDGEDEV TORRY PINES BANK 23303800 PCL CONST Wells Fargo Bank 4,096.07 4,096.07 4,096.07 0.000 0.000 1 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2013 3,110.00 3,110.00 3,110.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2013 19,765.97 19,765.97 19,765.97 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 2,361,085.09 2,361,085.09 2,361,085.09 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2013 7,199.00 7,199.00 7,199.00 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 123,456,927.49 Run Date 08/29/2013-10'.04 116,374,663.30 116,486,327.98 116,373,933.30 0.303 0.307 152 Portfolio TEME CP PM (PRF_PM2) 7 3.0 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: September 10, 2013 SUBJECT: Agreement for Theater Ticketing Software Services for the Old Town Temecula Community Theater PREPARED BY: Bea Barnett, Theater Manager RECOMMENDATION: Approve an Agreement with Vision One for ticketing software services for the Old Town Temecula Community Theater, for a three-year term, and authorize additional payments up to $40,000 annually, not to exceed $120,000 for the term of the agreement. BACKGROUND: On March 31, 2005, the City entered into a three-year agreement with Vision One for theater ticketing software services for the Old Town Temecula Community Theater. Payment to Vision One is based on the number of tickets sold through the software system. The Theater continues to enjoy great success and has seen ticket sales increase 30% annually since opening. The original agreement authorization amount was for $30,000 for the three-year term. In January of 2008, the City Council authorized an additional $20,000 in appropriation to provide on-going ticketing services. Staff anticipates that the $120,000 appropriation over three years will be sufficient to cover software ticketing services for the total term of the agreement. FISCAL IMPACT: Cost of theater ticketing software services for the Old Town Temecula Community Theater is $40,000 annually and this expense is offset by ticket sales. Sufficient funds are available in the current Fiscal Year 2013-14 expenditure account and will be budgeted in future years. ATTACHMENTS: 1. Agreement 2. Proposal ril—loWare Comphi• Bo. Offie• lalusien• ShoWareTM Software USER AGREEMENT This Agreement is made as of September 10, 2013, by and between City of Temecula ("User") and VISIONONE, Inc. a California corporation ("V-1") with respect to the following recitals of fact: This Agreement, together with the Proposal between Customer and V-1 dated August 12, 2013 (Revised) including the Investment Summary section thereof, to which this Agreement is refers (the "Proposal"), described thereon are made a part hereof by this reference, and sets forth the terms and conditions under which V-1 shall provide services to Customer. V-1 is the developer and owner of the ShoWareTM Software solution, which includes a combination of various computer software modules and electronic or "on-line" documentation and reference materials (collectively, the "ShoWareTM Software"). The ShoWareTM Software is a complete box office ticketing solution which provides for total in-house management of event schedules, advanced bookings, reserve seating, ticket sales, report generation, and other business functions associated with ticket sales. User is engaged in among other things, the sale of tickets to various sporting, entertainment and educational events (the "Events"). User wishes to acquire a non-exclusive license to use the ShoWareTM Software and acquire certain other services from V-1 related to the sale of Events tickets as herein provided. The Parties hereby agree as follows: 1. AGENCY. User hereby appoints V-1 to be its agent for the sale of tickets to Events ("Tickets") from User's box office and/or on-line, both through the ShoWareTM Software, on the terms set forth in this Agreement. 2. TERM. From July 1, 2013, expires June 30, 2016. Not to exceed $40,000 per year or $120,000 for the term of this agreement. After the term, 30 days written notice of non -renewal is required by either party to terminate this agreement. 3. LICENSE. In consideration of payment of the License Fee as described in Section 8, and in further consideration of User's agreement to abide by the terms and conditions of this Agreement, V-1 hereby grants to User, and User hereby accepts, a non-exclusive, non -transferable and non -assignable license to use the ShoWareTM Software (the "License"), only in accordance with the terms and conditions of this Agreement, including any Exhibits attached hereto. With written consent by V-1, User shall not have the right to grant sublicenses under the License. 4. OWNERSHIP and HOSTING OF SHOWARETM SOFTWARE. The ShoWareTM Software is licensed, not sold. By virtue of this Agreement, User acquires only the right to use the ShoWareTM Software and any copies User is permitted to make hereby. User does not acquire any right of ownership or title in the ShoWareTM Software. All rights, title and interest in and to the ShoWareTM Software, including without VIv1�ON ne 6781 North Palm Avenue • Suite 120 Fresno, California 93704-1074 • USA 559.432.8000 Phone 559.431.5082 Fax http://www.visionone.ws ril—loWare Comphi• Bo. Officio Solution• limitation all copyrights (whether pursuant to domestic law or international treaty), patent rights and trade secret rights, shall be and remain in V-1 or its licensors. User agrees to take such actions and execute such documents necessary to create, enforce, maintain or defend V -1's and/or its licensors' exclusive rights in the ShoWareTM Software as set forth in this Section 3. The ShoWareTM Software is protected by federal copyright law, as well as other laws, regulations and treaties regarding intellectual property rights. User acknowledges that certain third party software programs are integrated with the ShoWareTM Software ("Third Party Software") and may be subject to electronic click wrap licenses ("Third Party Agreements"). User agrees that it will not access or use the Third Party Software unless it has accepted the Third Party Agreement in accordance with the procedures required by such third party. V-1 will host the ShoWareTM Software for User on one or more of V -1's servers. Anticipated ticket sales will determine if solution is hosted on a non-exclusive application service provider basis or if V-1 will recommend or User requests a dedicated server. Should User require a dedicated server, there may be hardware costs associated with the acquisition of the appropriate hardware and those costs will be paid by the User. Associated fees and server selection will be set forth in Exhibit A. V-1 will allocate sufficient bandwidth in its discretion to optimize the application. V-1 agrees to take commercially reasonable steps to cause User's ShoWareTM Software solution to be available to Customers on the Internet approximately ninety-nine percent (99%) of the time during the term of this Agreement and to provide back-up on a regular basis in accordance with V -1's normal and customary procedures. Subject to the bandwidth allocation set forth above, V-1 agrees to use commercially reasonable efforts to ensure reasonable response times for Customers accessing User's ShoWareTM Software solution. 5. USE RESTRICTIONS. User may not transfer, sell, assign, rent, lease, or otherwise dispose of the ShoWareTM Software on a temporary or permanent basis without the prior express written consent of V- 1. User may not re -identify or render unidentifiable the ShoWare Software for any reason. User shall not remove, deface or destroy any copyright, patent notice, trademark, service mark, other proprietary markings or confidential legends placed on or within the ShoWareTM Software. User shall notify all users of the ShoWareTM Software of the terms and conditions of this Agreement. 6. OPTIONAL ADDITIONAL SERVICES. By initialing where indicated in Exhibit A, User agrees to engage V-1 to provide the additional agreed upon services: 7. EDITORIAL & ACCESS CONTROL: The services provided under this Agreement shall only be used for lawful purposes. Unless User elects to engage V-1 to provide content management as provided in Exhibit A, User shall have access through the Internet to the ShoWareTM Software and shall be responsible for maintaining all content thereon, including all relevant information concerning upcoming Events, schedules, descriptions Ticket availability and pricing. V-1 shall have no responsibility for any such content or the accuracy or timeliness thereof, provided that, V-1 reserves the right to reject and remove any content without notice to User that V-1 deems illegal, immoral, profane, improper for general viewers or damaging or potentially damaging to V-1 and ShoWareTM Software. 6781 North Palm Avenue • Suite 120 Fresno, California 93704-1074 • USA 559.432.8000 Phone 559.431.5082 Fax http://www.visionone.ws ril—loWare Comphi• Bo. Officio Solution• 8. Fees: User will pay to V-1, by its retention from Tickets sales revenue as provided below, a per Ticket charge (the "Ticket Fee"), in the amount set forth on Exhibit A. 9. Billing and Payment: V-1 will bill User by the fifteenth day of each month for the Ticket Fees attributable to the immediately preceding month and a final bill for each Event following the conclusion of such Event. All invoices will be due and payable within thirty (30) days of their date. V- 1 shall have the right to charge interest on past due amounts at the rate of one and one-half percent (1 'A%) per month until paid. All payments will be in U. S. Dollars, payable to VisionOne, Inc., 6781 North Palm, Suite 120, Fresno, CA 93704. User's failure to make such payments in full when due shall be a material default under this Agreement and V-1 shall have all remedies available at law or in equity, including without limitation, suspending all future services under this Agreement and/or render the ShoWareTM Software inoperable until such default is cured, or in the alternative to terminate this Agreement. 10. Ticket Sales and Prices. All User event tickets shall be sold through V-1 ShoWare. User shall establish the face price of all Tickets sold through the ShoWareTM Software. 11. Taxes. User shall be responsible for filling all required returns and reports and remitting all such taxes to the appropriate taxing agency within the time required by law. V-1 shall be no responsibility for the payment of any taxes and User hereby indemnifies, defends and holds V-1, its officer, directors, shareholders, employees and agents harmless from and against any and all such taxes, or assessments that may become due in connection with the sales of Tickets by User through the ShoWareTM Software and any and all penalties, late charges, interest, fines or other costs or charges associated therewith. 12. Chargebacks. User agrees to pay all credit card chargebacks for any unrecovered sum of all Tickets sold through the ShoWareTM Software which sales resulted in a credit card chargeback. 13. Cancellations, Refunds and Exchanges. If an Event is cancelled or closed after Tickets have been sold, User agrees to assume all responsibilities with regard to refunds, exchanges, and/or resolution of Customer inquiries or issues. Customers who contact V-1 regarding Event cancellations shall be directed to contact User. In the event of any cancellation, V-1 shall nevertheless be entitled to keep the Ticket Fee attributable to all Tickets sold for the cancelled Event through ShoWareTM Software notwithstanding such cancellation and any return of the Ticket price to Customers by User, as though no cancellation or closing had occurred. V-1 and User agree to inform Customers of this refund policy. 14. Settlement. User shall be responsible for maintaining its own merchant account and will remit payments to which V-1 is due within thirty (30) days of receipt of a monthly invoice from V-1. 15. Advertising. As part of the total ticketing solution, User shall include the current and approved ShoWare.com logo and wording on their web site where tickets are sold. 16. Representations and Warranties. User hereby represents and warrants to V-1 as follows: 6781 North Palm Avenue • Suite 120 Fresno, California 93704-1074 • USA 559.432.8000 Phone 559.431.5082 Fax http://www.visionone.ws ril—loWare Comphi• Bo. Officio Solution• a) This Agreement has been duly authorized, executed, and delivered by User and constitutes the valid, legal, and binding agreement of User, enforceable in accordance with its terms. b) The entering into and performance of this Agreement will not result in any breach of, or constitute a default under, any other agreement to which User is a party, including, without limitation, any agreement for the sale or other disposition of Tickets for an Event. c) User warrants that the number of Tickets put on -sale does not exceed legal, fire or other restrictions of the facility or of governmental agencies or laws. d) User shall save, defend, indemnify, and hold harmless V-1 from all claims, loses, damages, actions, causes of action, liabilities, costs and expenses of any kind, including attorney's fees, arising from any actual or claimed breach by User of any and all of User's obligations under this Agreement or under applicable law. e) User warrants that it conducts its operations in a nondiscriminatory manner in compliance with applicable Federal and State legal requirements. User agrees to indemnify and hold V-1 free and harmless from any loss, claim, cause of action or damage which may occur as a result of any claim of violation of any such Federal and/or State requirement and which results in a claim asserted against V- 1 by virtue of V -1's exclusive agency as granted herein, or any other provisions of this Agreement. 17. Miscellaneous a) Amendments: This Agreement shall not be changed, modified or amended in any respect without the mutual consent of the parties hereto, which consent shall be evidenced by a written amendment to this Agreement executed by the parties. b) Applicable Law: The Agreement shall be governed by the laws of the State of California without regard to conflicts of law principles. Any action or proceeding instituted by either Party against the other with respect to any matters arising out of or related to the Agreement shall be brought either in the Superior Court of the State of California in and for the County of Fresno or in the United States District Court for the Eastern District of California in Fresno. Promoter hereby consents to the personal jurisdiction of these courts for the purposes of any litigation commenced in such courts with respect to any matters arising out of or related to the Agreement, and Promoter hereby waives any rights it may otherwise have, by virtue of Promoter's domicile or otherwise, to request a change of venue from such court. c) Binding Effect. The Terms, condition, provisions and undertakings contained in the Agreement shall be binding upon inure to the benefit of each of the parties and their respective successors and assigns. Notwithstanding the foregoing, User shall not assign this Agreement without the prior written approval of V-1. 6781 North Palm Avenue • Suite 120 Fresno, California 93704-1074 • USA 559.432.8000 Phone 559.431.5082 Fax http://www.visionone.ws ril—loWare Comphi• Bo. Officio Solution• d) Default. If either party defaults in the performance of any covenants or agreements contained herein and such default continues for a period of thirty (30) days after written notice of default has been given to the defaulting party, the non -defaulting party shall have all the remedies available at law or in equity and, in addition, may terminate this Agreement immediately upon notice to the defaulting party. Without limiting the generality of the foregoing, if User is the party in default, V- 1 may: (i) suspend the sale of Tickets for Events through the V-1 System; (ii) terminate the Agreement. e) Limitations of Liability. The limitation of any claim of loss by User shall be no greater than the actual financial loss sustained by User by virtue of any such breach, but in no event greater than Five Hundred Dollars ($500.00). Neither party shall be liable to the other for damages in the event of any loss, damage, claim, delay or default arising by reason of Acts of God, storm, fire, flood, earthquake, labor disturbance (including strikes, boycotts, lockouts, etc.), war, civil commotion, shortages or unavailability of labor, present or future governmental law, ordinance, rule, or regulation, technical failure of the V-1 System, disruption of postal, electrical, telephone or other utility service, or other cause beyond the control of the party sought to be charged. In no event shall V-1 or User be liable for incidental or consequential damages arising out of this Agreement. f) Force Majeure. Neither party shall be liable to the other for damages in the event of any loss, damage, claim, delay or default arising by reason of Acts of God, storm, fire, flood, earthquake, labor disturbance (including strikes, boycotts, lockouts, etc.), war or terrorism, civil commotion, shortages or unavailability of labor, present or future governmental law, ordinance, rule, or regulation, technical failure of the V-1 System, disruption of postal, banking, electrical, telephone or other utility service, or other cause beyond the control of the party sought to be charged. g) No Sales Guarantees by V-1. It is understood that V-1 does not guarantee (i) that any minimum or fixed number of Tickets will be sold through the Ticket system, (ii) that short term interruptions of service will not occur during the term hereof, or (iii) that each person processing Ticket orders will be fully familiar with each or all of the Events. h) Notices. Any notice required or permitted to be given by the provisions hereof shall be conclusively deemed to have been received by a party hereto on the day it is delivered to such party at the address indicated under such party's signature below (or at such other address as such party shall specify to the other party in writing), or, if sent by registered or certified mail, on the third business day on which it is mailed to such party at said address. Unless specifically stated to the contrary herein, all notices required under this Agreement must be in writing. i) Promotion. It is understood that V-1 does not guarantee to create or undertake any specific advertising or promotions, nor does V-1 guarantee any specific distribution or dissemination of User's materials or promotional matters. j) Arbitration. Except for the right of V-1 to bring suit on an open account for any payments due V-1 under the Agreement, and notwithstanding any other provision of the Agreement, any controversy or claim arising out of, or relating to the Agreement, or the making, performance, or interpretation of the Agreement, shall be settled by arbitration in City of Temecula under the commercial arbitration rules of the American Arbitration Association then existing, and judgment on 6781 North Palm Avenue • Suite 120 Fresno, California 93704-1074 • USA 559.432.8000 Phone 559.431.5082 Fax http://www.visionone.ws ril—loWare Comphi• Bo. Oflieo Solution• the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. Arbitration shall be conducted by a single arbitrator who shall, insofar as is possible, have a background or training in computer law, computer science, and marketing of computer related products and services. k) Attorneys' Fees. If either Party commences any action or proceeding (including arbitration) to enforce the Agreement or any right arising under the Agreement, the prevailing Party shall be entitled to recover from the other Party the actual attorneys' fees, costs and expenses (and all related fees, costs and expenses) incurred by it in connection with such action or proceeding and in connection with the enforcement of any judgment thereby obtained. I) Entire Agreement. The Agreement, and any and all exhibits, attachments, addenda and schedules attached thereto or exchanged therewith, constitute the complete and exclusive statement of the agreement between the parties with respect to the subject matter thereof, and supersede all written and oral contracts, proposals, and other communications between the parties relating to that subject matter. In the event of any conflict between the Agreement and the terms or conditions of any invoice or similar document, the terms and conditions of the Agreement shall control. m) Counterparts. The Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. 6781 North Palm Avenue • Suite 120 Fresno, California 93704-1074 • USA 559.432.8000 Phone 559.431.5082 Fax http://www.visionone.ws ril—loWare Compi•1• Bo. Oflieo Solution• Exhibit A - User Agreement Pricing Provisions Pursuant to the terms and conditions of the User Agreement, this Exhibit A, Pricing Provisions is incorporated into and made a part hereof: Hardware: Proprietary Allocated Server Space Bandwidth: Shared Bandwidth of 45Mbit (as of April 2004) subject to change Client URL www.cityoftemecula.org Software: One-time license fee: Waived Set-up Processing Fee: waived Per Ticket Fee: $1.00 Web Sale $0.20 Box Office & User Phone Sales Annual Ticket Fee: (based on ticket sold) minimums waived (Exclusive ticket Sales for 3 years) ShoWare Optional Services Listing (when requested by User): Per Order Fulfillment Fee: $1.00 Call Center/Charge by Phone Fee: TBD Custom Development/ Content Management: $120.00 per hour 6781 North Palm Avenue • Suite 120 Fresno, California 93704-1074 • USA 559.432.8000 Phone 559.431.5082 Fax http://www.visionone.ws ShoWare C...ii.t. •.. Officio Solution. IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed as of the date first written above. "V-1" "User" VISIONONE, INC., a California corporation CITYOF TEMECULA 6781 North Palm, Suite 120 Fresno, CA 93704 Ph: 559-432-8000 Sign: By: Authorized Signer Authorized signer Print Name: Michael S. Naggar Bruno Boehi Print Title: Mayor Title: CEO Date Date ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney D49 �N r'1e 6781 North Palm Avenue • Suite 120 Fresno, California 93704-1074 • USA 559.432.8000 Phone 559.431.5082 Fax http://www.visionone.ws ShoWare ,Complete Box Office Solstioes Brought to you by vosiai Ticketing Solution Proposal For City of Temecula August 27, 2013 ShoWare C.mpl.t. Box Offic. Solution. 1. Background 1.1. A New Partnership - City of Temecula and VisionOne VisionOne (V-1) is pleased to provide City of Temecula with this proposal to develop a custom ticketing solution based on the V-1 ShoWareTM software. Working collaboratively, we have been able to clarify, validate, and make more tangible City of Temecula's business objectives, and identify VisionOne's capabilities in meeting many of these goals through the development of a ShoWareTM solution. The information, findings, and recommendations from our interactions with City of Temecula have been incorporated into this Admission System proposal. VisionOne values its new business relationship with City of Temecula and is prepared to proceed with execution of the work detailed in this proposal. 1.2. About V isionOne Our U.S. Headquarters are located in Fresno, CA, and our European and Latin American divisions operate offices in Chile, Germany, Mexico, Switzerland and Brazil. This global presence enables VisionOne to leverage its collective expertise in Internet -based technologies in order to provide custom solutions to our diversified client base. VisionOne firmly believes that the Internet provides the most compelling environment for organizations to communicate and collaborate with their customers, suppliers, employees, and other stakeholders in an increasingly global economy. Our mission is to simplify the process of integrating Web -based technologies into an organization's existing operations in a manner that best promotes the underlying business objectives of the client. The VisionOne culture provides an environment where business, creative, technology, and infrastructure specialists combine their talents to develop and execute robust e-business solutions in collaboration with our clients. Our Fresno office houses 25 full-time professionals and VisionOne boasts more than 120 employees worldwide. VisionOne's primary service offerings include: •;• •;• • • • Web Development Ticketing Solutions Database Development & Integration Intranet & Extranet Development E -Commerce Development VisionOne is a member in good standing with INTIX, Pollstar, and IAAPA. Web & Application Hosting E -Consulting SAP Consulting ASP hosting at State -of -the -Art Data Center 6781 North Palm Avenue • Suite 120 Fresno, California 93704-1074 • USA 559.432.8000 Phone 559.431.5082 Fax http://www.visionone.ws ShoWare CompI.t. So• Offfc. Solution. 2. Proposal Overview - Web Development & Implementation 2.1. Project Objectives City of Temecula is looking for a ticketing vendor who can deliver intuitive functionality at a price point that is consistent with City of Temecula's financial budget. VisionOne, Inc. will demonstrate the functionality of ShoWareTM and provide City of Temecula with a unique venue promotion system. As part of this Project, City of Temecula will provide feedback regarding the solution and work with VisionOne to develop a Customer Profile and Press Release to announce the project. 2.1.1. Benefits to City of Temecula ❖ Seamless integration of ShoWareTM solution into City of Temecula website ❖ Lower convenience fees for patrons ❖ Increased affordability for patrons and increased attendance for events • Real-time, detailed overview and reporting of sales and demographics • Flexible security based on permissions and user profiles • No Server hardware to purchase or maintain • Connected to your Merchant Account (Transaction Money will flow right to your Bank account) • Multiple Sales Channels (Internet, Bar Code Admission Gate, Call Center, Outlets, Kiosks) 2.1.2. Benefits to Patron • Low Convenience Fees ❖ Ability to purchase ticket before event ❖ Real time display of available seats ❖ Individual Seat Selection ❖ Virtual View to field from selected seats ❖ Real-time transaction ❖ Graphical Interface, easy to use ❖ Safe & Secure Transactions 2.2. Prosect Scope The scope of City of Temecula's ShoWareTM implementation project is offered for one venue installation as described in the Investment Summary. 2.3. Timing & Implementation VisionOne is prepared to create, implement, and launch City of Temecula ShoWareTM solution within 120 working days of contract approval, subject to client's timely fulfillment of project responsibilities. 6781 North Palm Avenue • Suite 120 Fresno, California 93704-1074 • USA 559.432.8000 Phone 559.431.5082 Fax http://www.visionone.ws ShoWare :, Compl.t. Box Offic. Solution. 2.4. ShoWareTM Requirements for Online Transactions Backend The following is required for online ticket processing: ❖ Merchant account with online credit card processing capabilities ❖ Verisign Payflow Pro: $59.95 per month, first 1,000 transactions free then $.10 per each additional transaction (price details on http://www.verisidn.com/paymentl fee subject to change during course of contract ❖ Admission system Administration requires IE 5.5 or above ❖ Windows operating system with IE connection, DSL or above ❖ Windows compatible printer, preferably a BOCAprinter and ticket stock 2.5. Investment Reauirements The investment requirement tables for this project can be found under this same heading under Summary of Investment Requirements section of this proposal. 2.6. ShoWareTM License The Customer has the right to obtain one copy of the ShoWareTM Software in the case that VlsionOne discontinues to provide hosting of that Software. 2.7. Custom Development Custom Development services will be provided at the rate disclosed in the Investment Summary for contracted development and any services outside the original scope of the project. v.sob 6781 North Palm Avenue • Suite 120 Fresno, California 93704-1074 • USA 559.432.8000 Phone 559.431.5082 Fax http://www.visionone.ws ShoWare CompI.t. Sox Offfc. Solution. 3. Summary of Investment Requirements 3.1. SOLUTION DEVELOPMENT & IMPLEMENTATION City of Temecula Investment Summary Complete Box Office Ticketing System All pricing based on client provided estimates for ticket sales of Online: 15000 Box Office/Other: 40000 (for bandwidth sizing) Component Proposed Solution Cost Software Implementation • ShoWareTM Installation (hosted by V-1) • ShoWareTM Set-up Fee • One-time SSL and Payment Gateway Set-up • Merchant Account Integration • Server Space Allocation • Facility and Venue Presentation • Dynamic Site Layout • Ticketing Domain Name Transfer or Set-up • Creation of One (1) Seating Map Configuration. Additional Seat Maps May be Created by City of Temecula 4,-31:00 Waived Graphical Design & Development • Seamless Integration of ShoWareTM Solution into e4sting City of Temecula Website • Up to 10 Hours of Graphical Design & Development including One (1 ) Graphical Design Concept Subject to Client Approval Included Training • Up to 10 hours via WebExTM or at V-1 location Included Tota! Project Investment $-3003 Waived Online Web Orders: Invoiced @ $1.00 per ticket Paid by ticket buyer • Completely Customized Online Ticketing Solution • Built-in Shopping Cart Technology • Online Credit Card Processing and Authorization • Automatic Email Confirmations Sent to Ticket Buyer • Inventory Control • Ticket Buyer Data Collection • Unlimited Events, Performances, and Locations $ 1.00/ticket (Paid by ticket buyer) Box Office/Call Center Orders: Invoiced @ $0.20 periicket Paid by ticket buyer • Complete Box Office Ticketing System • Call Center Module • Unlimited Administration Access • Unlimited Users • Unlimited Retail Sales Outlets • 24/7 Technical Support • Fee Applies to Box Office and Call Center Tickets $ 0.20/ticket (Paid by ticket buyer) Term Exclusive ticket Sales for 3 years (Allows Third Party Broker Sales at same per ticket fee above) ne 6781 North Palm Avenue • Suite 120 Fresno, California 93704-1074 • USA 559.432.8000 Phone 559.431.5082 Fax http://www.visionone.ws (iWa re� C.mpl.t. •o• Offic. Solution. Payment Gateway VeriSign® Payflow Pro`ii • Connects to Merchant Account at Bank of Your Choice • Allows Transaction Money to Flow Directly to Your Bank Account • Up to 1,000 Free Monthly Transactions • $0.10 Per Additional Transaction • Price Details Located at: htto://www.verisian.com/bayment $ 59.95 per month (If Required) Boca Ticket Printer • Thermal printing with cutter $1500 each Custom Development (If Required) • Custom Development • Integration/Development Beyond Original Scope $ 120/hour (Optional) All costs are based on an exclusive three (3) year, from July 1, 2013 to June 30, 2016, commitment starting the day the first ticket is sold through the ShoW areTm system. Proposal definition and pricing expires 30 days after receipt. IN WITN ESS WHEREOF, V-1 and Customer have executed this Agreement to be effective as of the date first written above. "V-1" "Customer' VisionOne, Inc., a California Corporation City of Temecula By By Bruno Boehi Title CEO Title Date_ Date Proposal prepared by: Richard Kindred Sr. Business Development Consultant Ph: 702-565-0760 Email: richard.kindred0v-1.com 6781 North Palm Avenue • Suite 120 Fresno, California 93704-1074 • USA 559.432.8000 Phone 559.431.5082 Fax http://www.visionone.ws Item No. 6 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Amer Attar, Acting City Engineer DATE: September 10, 2013 SUBJECT: Recycled Water Agreement with the Rancho California Water District for French Valley Parkway Interchange, PW07-04 PREPARED BY: Avlin R. Odviar, Senior Engineer — CIP RECOMMENDATION: Approve the Recycled Water Agreement with Rancho California Water District (RCWD) to provide recycled water for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase I, PW07-04. BACKGROUND: As part of the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase I project, a new irrigation system will be constructed along with landscaping within the northerly parkway of French Valley Parkway between Jefferson Avenue and the Interstatel5 southbound off -ramp. In its notice of determination for mandatory recycled water use dated June 11, 2013, RCWD informed the City that the use of recycled water is justified for this project from an economic and practical perspective, and in accordance with RCWD's Mandatory Recycled and Raw Water Use Policy (Resolution 2001-10-5). In order to secure new recycled water service, RCWD requires execution of a standard Recycled Water Agreement to establish the terms and use of the service. The attached agreement was prepared and reviewed by RCWD and City staff for the subject project. The City has executed similar agreements on other public projects. Following completion of the project, the City will begin the process of transferring various improvements and facilities to the appropriate agencies. In this case, the irrigation system would be transferred to the City of Murrieta. At that time, the City of Murrieta would enter into a similar Recycled Water Agreement with RCWD, and the subject agreement would be terminated. It is anticipated that this transfer would be completed within one year of project completion. Therefore, the total cost estimated for this agreement is $1,258. FISCAL IMPACT: The estimated cost associated with approval of the agreement is approximately $1,258 per year, which includes payment for recycled water, power consumption for delivery, and equipment fees. The French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase I is included in the City's Capital Program, Fiscal Years 2014-18 with multiple sources of funds. There are sufficient funds available within the project Account No. 210-165-719-5804 to cover the estimated total cost of $1,258. ATTACHMENTS: 1. Recycled Water Agreement 2. Project Location 3. Project Description ACCOUNT NO. RECYCLED WATER AGREEMENT RANCHO CALIFORNIA WATER DISTRICT THIS AGREEMENT is made and entered into this day of August 2013, by and between Rancho California Water District, a public agency ("DISTRICT"), and City of Temecula ("Owner"). Owner shall hereinafter be referred to as "USER." DISTRICT owns and operates a major system of sewage interceptor, transmission, treatment, disposal, and water reclamation facilities, hereafter referred to as DISTRICT'S Regional Water Reclamation System; and Water that has been completely treated through the DISTRICT'S Regional Water Reclamation System shall hereinafter be referred to as recycled water; and In accordance with DISTRICT policies, the recycled water, which results from the operation of the DISTRICT'S Regional Water Reclamation System, has been made available for approved uses; and USER desires to purchase, accept delivery of, control, and use the quantity of recycled water provided for in Paragraph 4 herein for approved irrigation purposes within the boundaries of the DISTRICT, under the terms and conditions set forth below; and Such sales and deliveries would be in accordance with the DISTRICT'S policy of using recycled water for beneficial purposes; and DISTRICT is willing to sell and deliver recycled water for irrigation purposes under the terms and conditions set forth below. In consideration of the mutual covenants herein contained, it is mutually agreed as follows: 1. SALE AND DELIVERY TERMS AND CONDITIONS A. Point of Delivery The recycled water delivered pursuant to this Agreement shall be measured through the DISTRICT -owned, -operated, and -maintained metering facilities located at the Point of Delivery shown on the attached Exhibit "A." Any facilities that have been or shall be installed by DISTRICT at USER'S request shall be paid for by the USER, in accordance with applicable DISTRICT Rules and Regulations. 131KK:hab0201F311 PUIREC-WTR PUBLIC ENTITYIFEG -1- Rancho California Water District 42135 Winchester Road • Past Office Box 9017 • Temecula, California 92589-9017 • (951) 296-6900 • FAX (951) 296-6860 www.ranchowater.com B. Availability Acknowledgment The USER acknowledges that the DISTRICT does not guarantee the availability of recycled water throughout the term of this Agreement due to possible changes in regulatory agency requirements, reduction in plant flow, and/or other conditions beyond DISTRICT'S control. USER holds DISTRICT free and harmless from any and all legal liabilities and/or economic losses that it may sustain as the result of discontinuance or reduction in amount of delivery of recycled water as specified above. C. Scheduling of Deliveries USER shall arrange and coordinate schedule of all deliveries of recycled water with the DISTRICT'S Water Operations Department. Changes to the schedule shall be made by giving the DISTRICT a minimum of twenty-four hours' notice. DISTRICT will make every reasonable effort within the capabilities of its recycled water system facilities and staffing to accommodate requested delivery schedules. However, it is specifically understood and agreed that the DISTRICT cannot and does not guarantee that it will be able to accommodate the timing of such delivery schedules, especially in regard to short notice changes in amount of delivery. D. Pressure The recycled water to be delivered pursuant to this Agreement shall, as far as possible, be delivered at the Point of Delivery shown on the attached Exhibit "A" at pressures of 0 to 150 psi. USER shall be responsible for, at its cost, providing any and all additional pressure or equipment required to deliver the recycled water to the point(s) of use. E. Facility Provision and Operational Responsibility (1) DISTRICT shall be responsible for providing and operating its Regional Water Reclamation System facilities, up to and including the Point of Delivery, in compliance with the applicable requirements of DISTRICT, federal, state, and local regulatory agencies. DISTRICT shall be responsible for supplying recycled water, which meets or exceeds all applicable federal, state, and local regulatory agency quality standards. DISTRICT shall monitor recycled water deliveries and use sites as it deems necessary and in accordance with applicable federal, state, and local regulatory agency requirements. 131KK:habO2O\F31 I PU\REC-WTR PUBLIC ENTITY\FEG -2- Rancho California Water District 42135 Winchester Road • Post Office Box 9017 • Temecula. California 92589-9017 • (951) 296-6900 • FAX (951) 296.6860 www.ranchowater.cum (2) USER shall: • Make application for recycled water service. • Pay all fees and deposits for recycled water service. • Post all required warning signs informing the public and all on-site personnel (employees, tenants and/or occupants) that recycled water is being used on-site for irrigation purposes. ■ Designate a Site Supervisor. The Site Supervisors must/will: a) Be knowledgeable about recycled water and how it is manufactured. b) Be the contact person at USER's site, and available twenty- four hours a day. c) Be knowledgeable about the practices and procedures of using recycled water. d) Be responsible for the safe and efficient use of recycled water. e) Provide instruction and training to on-site personnel in the proper handling of recycled water and the potential health hazards involved with its use. f) Maintain irrigation system record drawings of USER' s site. g) Communicate all recycled water rules and regulations to on- site personnel. h) Be knowledgeable of all on-site potable water systems, and take appropriate measures to prevent cross -connection with the recycled water system. i) Inform DISTRICT of all system failures or cross -connection events so that appropriate measures may be taken to mitigate the contamination or pollution. If the USER desires to designate another person as Site Supervisor, then the USER is responsible for notifying DISTRICT in writing of such action. In the event that someone other than the USER is designated as the Site Supervisor and this person is no longer associated with the property, the USER shall again be considered the Site Supervisor until written notification is made to DISTRICT. ■ Identify all above -ground fittings and appurtenances, etc. as containing recycled water and not suitable for human consumption. Signs shall be painted or otherwise permanently affixed to equipment. 131KK:hab0201F311PU\REC-WTR PUBLIC ENTITYIFEG -3- Rancho California Water District 42135 Winchester Road • Post Office Box 9017 • Temecula. California 92589-9017 • (951) 296-6900 • FAX (951) 296.6860 www.ranchowater.com • Altogether avoid introducing recycled water into any potable/domestic water piping system and no connection shall be made between equipment containing, or having contained, recycled water and/or any part of a domestic water system until such time as equipment has been properly disinfected. • Take full responsibility for providing, operating, maintaining, and repairing USER pipelines together with all appurtenant facilities as are necessary to accept, convey, control, and use the recycled water in compliance with the applicable requirements of DISTRICT, federal, state, and local regulatory agencies on their respective owned or controlled lands. • Recycled water shall be used only on the areas depicted on the attached exhibits and irrigation construction plans. • Recycled water shall be used between the hours of 9:00 p.m. and 6:00 a.m. F. USER Acknowledgment USER acknowledges it is understood that: (1) DISTRICT'S Regional Water Reclamation System's purpose is to control the biological quality of the recycled water resulting from its operation; and (2) Said System is not equipped to detect, treat, or remove harmful chemicals or toxic materials except as required to meet federal, state, and local regulatory agency discharge standards. G. Indemnification USER and the DISTRICT each agree, to the fullest extent permitted by law, to indemnify and hold the other party, and its directors, officers, employees, or authorized volunteers harmless from any claims, damage, liability, or cost (including attorneys' fees and costs of defense) to the extent caused by the indemnifying party's negligent acts, errors, or omissions in the performance of this agreement, including such negligent acts, errors, or omissions by sub- contractors or others for whom the indemnifying party is legally liable; provided, however, that this indemnity shall not apply to any acts, errors, or omissions attributable to the indemnified party, its directors, officers, employees, authorized volunteers, sub -contractors, or to any others for whom the indemnified party is legally liable. 13\KK:hab020\F311 PU\REC-WTR PUBLIC ENTITY\FEG -4- Rancho California Water District 42135 Winchester Road • Post Office Box 9017 • Temecula, California 92589.9017 • (951) 296.6900 • FAX (951) 296.6860 www.ranchowater.com 2. USE TERMS AND CONDITIONS Use of the recycled water delivered pursuant to this Agreement shall be subject to the following terms and conditions: A. Rules and Regulations All recycled water delivered pursuant to this Agreement shall be used only for approved irrigation purposes on the specified use site as shown and depicted as USER lands on attached Exhibit "B," in compliance with applicable rules and regulations of DISTRICT, federal, state, and local regulatory agencies. THIS AGREEMENT has no application to the operation of the DISTRICT'S sewer and domestic water operation, including the assessment of fees and the enforcement of rules and regulations pertaining thereto. USER must comply with all rules and regulations of the DISTRICT pertaining to any properties owned by USER that connect to the DISTRICT'S Regional Water Reclamation System. Failure to observe all regulations governing the use of recycled water will result in the immediate termination of recycled water service until such time as the deficiencies are corrected to the satisfaction of the DISTRICT. Failure to observe said regulations shall be subject to Unauthorized Use Charges established by the DISTRICT. B. Reclamation Requirements USER shall apply to the DISTRICT for all applicable use permits. DISTRICT shall apply for all required Permits of Reclamation Requirements from the California Regional Water Quality Control Board, hereinafter referred to as the Regional Board, covering the use of the disinfected recycled water to be delivered and used pursuant to this Agreement. User shall comply with the provisions of such Reclamation Requirements. USER shall use recycled water on only those areas specified in such Reclamation Requirements unless otherwise provided for in future amendments to said Reclamation Requirements. C. Responsibility for Conveyance and Control (1) DISTRICT DISTRICT shall be solely responsible for conveying and controlling the recycled water up to and including the Point of Delivery provided for in Paragraph 1.A., above. 131KK:hab0201F3 1 IPU\REC-WTR PUBLIC ENTITY\FEG -5- Rancho California Water District 42135 Winchester Road • Post Office Box 9017 • Temecula, California 92589-9017 • (951) 296-6900 • FAX (951) 296-6860 www.ranchowater.com 7- (2) USER USER shall be responsible for conveying and controlling, in compliance with applicable regulatory agency requirements, the recycled water delivered through USER's facilities, from the Point of Delivery as shown on the attached Exhibit "A," and the DISTRICT shall have no responsibility whatsoever relative to said USER's facilities. 3. PURCHASE PRICE During the term of this Agreement, the USER shall pay to the DISTRICT: X A. The sum of $ 280.76 per acre foot for the amount of: (1) Disinfected Secondary Water; or X (2) Tertiary Water used during the month. B. A Daily Demand Charge in the amount of $ per day. C. The cost of energy generated by the pumping of water to the pump zones incurred by DISTRICT. Said Cost shall be: X (1) $0.03375 per hundred cubic foot, or (2) The actual cost of operation and maintenance X D. The actual cost of lease, rental, or purchase for any equipment supplied by the DISTRICT for the USER. Said cost is estimated at $ 20 per month. The District reserves the right to modify or adjust the rate schedule(s) for providing recycled water to reflect changes in the District's operating costs, if any, as determined by the District. 13\KK:habO20\F311PU\REC-WTR PUBLIC ENTITY\FEG -6- Rancho California Water District 42135 Winchester Road • Past Office Box 9017 • Temecula, California 92589-9017 • (951) 296-6900 • FAX (951) 296-6860 www.ranchowater.com 4. QUANTITY A. Basic Quantity DISTRICT agrees to sell and deliver and USER agrees to purchase, accept delivery of, control, and use recycled water at an average basic quantity in the amount of 520 gallons per day. Said quantity shall be delivered on an "as available" basis. B. Supplemental Quantity As and when the DISTRICT has additional recycled water that is in excess of the average basic quantity specified in Subparagraph 4.A., and such quantities are not contractually obligated to others (available at the Point of Delivery shown on attached Exhibit "A" as determined by DISTRICT), DISTRICT will sell and deliver to the USER such amounts as may be mutually agreed upon. 5. BILLING FOR RECYCLED WATER DISTRICT will render monthly billings for recycled water deliveries made during the preceding month, based on the meter reading at the Point of Delivery. Billings, in accordance with the DISTRICT'S prevailing rules and regulations, shall be paid within thirty days of the date thereof. Any late payments shall be considered delinquent and shall be subject to the DISTRICT'S standard penalty charges and disconnection procedures then in effect. 6. ASSIGNMENT Except as provided below, the USER shall not assign any of its individual or collective rights under this Agreement to any person or entity, or become associated with any other party involving, in any way, the recycled water to be delivered pursuant to this Agreement without the prior written consent of the DISTRICT and of any regulatory agencies having jurisdiction, which consent shall not be unreasonably withheld. In the event USER desires to enter into a transaction for the sale or financing of the use site, DISTRICT will not unreasonably withhold its consent. 7. TERM OF AGREEMENT The term of this Agreement shall begin with the date of Agreement (first written above) and shall continue until terminated by the user or District. 131KK:hab020\F311 PU\REC-WTR PUBLIC ENTITY\FEG -7- Rancho California Water District 42135 Winchester Road • Post Office Box 9017 • Temecula. California 92589-9017 • (951) 296-6900 • FAX (951) 296-6860 www.ranchowater.com 8. CANCELLATION A. USER or DISTRICT shall have the right to terminate this Agreement, with no financial liability to the other party, by giving thirty working days' written notice, as long as both parties mutually agree. B. DISTRICT shall have the right to terminate this Agreement, with no financial liability to the USER, for USERS noncompliance with applicable use and/or payment requirements. C. Notwithstanding Paragraph 1.B., the DISTRICT shall also have the right to terminate this Agreement by giving the USER ten days' written notice in the event the wastewater treatment criteria under which the DISTRICT currently operates is changed by operation of law, or by any regulatory agency having jurisdiction, such that the DISTRICT'S Regional Water Reclamation system, as it presently exists, cannot produce wastewater that complies with such changes without incurring additional costs or modifications to said facilities. 9. ATTORNEYS' FEES In the event of litigation or arbitration between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs to be fixed by the court or by arbitration. 10. PREPARATION OF THIS AGREEMENT This Agreement shall not be construed against the party preparing it, but shall be construed as if both parties prepared it. 11. CAPTIONS Captions to Paragraph/Subparagraphs of this Agreement are for convenience purposes only and are not part of this Agreement. 12. PROVISIONS BINDING This Agreement and Exhibits "A" and "B" attached hereto are binding on the heirs, representatives, successors, and assigns of the parties of this Agreement. 13. CERTIFICATION The undersigned PROPERTY OWNER and RECYCLED WATER SUPERVISOR hereby certify compliance with all operational responsibilities contained in Section 1.E.(2) above. 13\KK:hab020\F311PU1REC-WTR PUBLIC ENTITY\FEG -8- Rancho California Water District 42135 Winchester Road • Post Office Box 9017 • Temecula, California 92589-9017 • (951) 296-6900 • FAX (951) 296-6860 www.ranchowater.com 14. AUTHORITY TO SIGN AGREEMENT The undersigned individuals hereby warrant and represent that they each have full legal authority to sign this Agreement and bind the parties hereto. IN WITNESS WHEREOF, this Agreement has been executed as of the day, month, and year first above written. RANCHO CALIFORNIA WATER DISTRICT CITY OF TEMECULA By: Matthew G. Stone, General Manager Michael S. Naggar, Mayor Attest: By: Susan W. Jones, MMC, City Clerk Date: , 2013 Approved as to form: By: RECYCLED WATER SUPERVISOR Peter M. Thorson, City Attorney By: TCt Youf443 (Print Name) 312.1201 3 Date: Day Phone: QM ' 435-• (47.5 Night Phone: q0 " 113C 1128 Cell/Pager: q 0 g . 43S • (q 7g 13\KK:hab020\F311 PU\REC-WTR PUBLIC ENTITYWEG I)atc•: , 2013 D49 -9- Rancho California Water District 42135 Winchester Road • Post Office Box 9017 • Temecula. California 92589.9017 • (9511 296-6900 • FAX (9511 296-6860 www.ranchowatercom PROJECT NAME: PROJECT ADDRESS: LOCATION: DEVELOPER: CONTACT PERSON: ADDRESS: PHONE: *ONSITE SUPERVISOR: PHONE: (DAY) (NIGHT) PAGER: RANCHO CALIFORNIA WATER DISTRICT APPLICATION FOR USE OF RECYCLED WATER FREAled V4I.C.Gy P4R14,13y t,JTTQul4I6 • &Ale . 7EFFERS.ed MJEAIvE / GlintAy gneeer (PLEASE ENCLOSE MAP SHOWING PROJECT SITEI C,Ty of TpMECOLd AvL.ta R. obv14R , 3re,Jtooe EJ14t/416F2 41 000 AA4,1 rJ srREEr ThME•CNt.,d , CA 4125-10 9S/ • 693.39(09 T6D Yovn16 909. 43s-- I928 909. 455--112.8 N/4 DESCRIPTION OF RECYCLED WATER USE` iiteraM-4"/ Foo eA1e1. ni•41' el..4.4rre46 4Lo,16 dant fibs of FR.ENU1 voluArY i% Pw,rY 8Er70/5v, / Ji soul .avfNv E 46446 oPP • d:Am P . START DATE: END DATE: vEMBEe 2013 N/A QUANTITY (GALLONS PER DAY): 520 MEANS OF DISTRIBUTION: 2r cz Pmt 3�v/GC � L I % ` METS I 3i45" tdR16. IYI4fd d.ft> SGg 4o vAe 31 1.06 Lazeek.S . / � DEVELOPS 8IGNATURE CUSTOMER SIGNATURE g 20 2013 82o�2e/3 DATE DATE *MUST BE ABLE TO CONTACT 24 HOURS/DAY 1311CK:hab0201F31 I PUIREC-WTR PUBLIC ENTITYIFEG - 10 - Rancho California Water District 42135 Winchester Road • Post Office Box 9017 • Temecula. California 92589-9017 • (9511 296-6900 • FAX (951) 296.6860 www.ranchowater.com POINT OF CONNECTION EXISTING 20" CML&C @ STA 41+15 RCWD D1205 SHT 4 PW07-04 FRENCH VALLEY PARKWAY INTERCHANGE - PHASE I RCWD RECYCLED WATER AGREEMENT - EXHIBIT "A" & "B" FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS - PHASE I Circulation Project Location Aerial Data - March 2010 0 250 500 Feet 1,000 52 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 FRENCH VALLEY PARKWAY / INTERSTATE 15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS—PHASE 1 Circulation Project Protect Description: This project includes the design, right-of-way acquisition, utility relocation, and construction activities to portions of the French Valley Parkway and Interstate 15 over -crossing and interchange. The project will add a new southbound off -ramp from Interstate 15 to French Valley Parkway, construct the northern half of French Valley Parkway from the off -ramp to Jefferson Avenue, widen the existing southbound off -ramp from Interstate 15 to Winchester, and construct a new auxiliary lane between French Valley Parkway and the Winchester Road southbound off -ramp. Other features include permanent and temporary retaining walls, erosion control and irrigation, and a new traffic signal and roadway improvements at the intersection of French Valley Parkway and Jefferson Avenue. The project requires oversight by Caltrans and coordination with the City of Murrieta. Benefit / Core Value: This project improves traffic circulation by providing another southbound off -ramp from Interstate 15, and adds a lane to the Interstate 15 southbound off -ramp to Winchester. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: Construction is estimated to be completed by December 2014. Department: Public Works—Account No. 210.165.719 Level: I Project Cost: Prior Years Actual Expencitutes Rscal Year Brded2013 2013-14 Carryover Adopted 2014-15 2015-16 2016-17 Budget Appropriation Projected Projected Projected 2017-18 Total Project Projected Cost Administration $ 794,021 $ 120,000 $120,000 $ 1,034,021 Acquisition $ 4,957,117 $ 222,595 $ 1,155,483 $ 50,000 $ 6,385,195 Construction $ 5,946,355 $ 9,529,328 $ 568,500 $ 50,000 $16,094,183 Construction $ 444,203 $ 444,203 Engineering $ 1,298,836 $ 1,754,295 $ 51,000 $ 50,000 $ 3,154,131 Design $ 1,945,809 $ 5,538 $ 105,910 $100,000 $ 2,157,257 Totals $ 14,942,138 $11,511,756 $ 2,000,893 $370,000 $ - $ - $ - $28,824,787 Source of Funds: Prior Years Actual E q ennui. es Rscal Year Bxied 2013 2013-14 Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Budget Appropriation Projected Projected Projected Projected Cast Capital Project Reserves $ 81,672 $ 48,149 $ 120,000 $ 120,000 $ 369,821 DIF (Street Irrprovemerts) $ 444,203 $ 444,203 Measure A (Local Street and Fuad) $ 2,869,351 $ 2,869,351 TUMF (CETAPrRCrC)0) $ 8,424,094 $ 9,751,923 $ 1,723,983 $100,000 $20,000,000 TUMF (RcrC) $ 2,462,295 $ 917,112 $ 3,379,407 TUMF (VVPooG)(3) $ 660,523 $ 660,523 TUMF (V GX4) $ 794,572 $ 156,910 $150,000 $ 1,101,482 Total Funding: $14,942,138 $11,511,756 $ 2,000,893 $370,000 $ - $ - $ - $28,824,787 Future Operation & Maintenance Costs: 2013-14 2014-15 2015-16 2016-17 2017-18 1 $ -r$ -1$ -1$ (1) TUvF (CETAPRCTC) - Fundng is pu-suant to the ROTC Agreerrent No. 11-72-0036-00 in the arout of $20,000,000 to date ($4,700,000-ROV'/, $15, 300,000 -Const naclion ). (2) TUvF (R: TC) - Regional fundng is pursuant to the RGTCAgreement Na. 06-72-048-00 fcr a total of $7,517,000 ($5,517,000-ROWand $2,000,000- FS4E). Rase I is $1,682,000-ROWand $203,784-FS&E- See slso Fhase II. (3) TUvF (NARCOG) - Zone fundng is pursuant to NARCCG Ag-eemert No. 055-SN1Bvt-1064 for a total of $4,078,000 ($108,724-FPARFD,, $3,968,296- FS4E) - See also Fhase II. (4)11.1/F (VAP00G) - Zone funding is pursuant to VBG Ag-eemert I\b. 06-SW1Hvt-1079 fora total of $11,575,000 ($975,752-FPARFD,, $8,925,000- FS4& $1,674,248-ROVVj- See also Rase II. 53 Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Amer Attar, Acting City Engineer DATE: September 10, 2013 SUBJECT: Professional Services Agreement for the Design of the Repair and Remediation of the Old YMCA Building at Margarita Park, PW12-10 PREPARED BY: David McBride, Senior Engineer RECOMMENDATION: 1. Approve an Agreement with Meyer and Associates, in the amount of $237,690, for design of the repair and remediation of the old YMCA building at Margarita Park, PW12-10; 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $23,769, which is equal to 10% of the agreement amount. BACKGROUND: The old YMCA Facility, located in the northern portion of Margarita Community park (20.23 acres), consists of 14,882 square feet of building space of which 8,069 square feet is enclosed (walls and roof) for assembly/office use, with the remaining 6.753 square feet (walls and no roof) enclosing a swimming pool. The Facility also includes adjacent site amenities consisting of a parking lot and outdoor space with site work and landscaping. The Facility was constructed in Fiscal Year 2008-09 and opened in May 2009. In early 2012, problems with the facility become apparent. Investigations by the YMCA and the City revealed that many of the Facility's systems have been improperly constructed with the most noticeable being moisture damage in the shower areas and water intrusion damage from the exterior of the structure. More recently, the City has acquired the Facility and is now in a position to remediate these deficiencies. The design services will address: (1) an extensive review of past records and site review of the Facility, (2) an assessment and quantification of the building, swimming pool, and site and operational deficiencies, (3) a determination of the most cost appropriate/cost effective remediation methods and materials for these deficiencies and preparation of a preliminary cost estimate of the proposed remediation work, (4) preparation of full working drawings, project technical specifications, and processing the plans through the City's Building & Safety plan check process, and (5) providing assistance and some special inspection services through the bid and construction phases of the work. Staff solicited proposals from qualified architectural firms to undertake the design work and on August 15, 2013, the City received five proposals. Upon review of the proposals by staff, it was clear that Meyer and Associates was the most qualified firm and the best choice to undertake this effort. Meyer and Associates has successfully completed several similar projects for the City and other public agencies. The proposed fee of $248,869 was negotiated and considering the scope of the work, the fee is reasonable. A contingency of $24,869 or 10% of the contract is recommended to address more extensive evaluation of unforeseen damages. FISCAL IMPACT: The YMCA Repair and Remediation is identified on the City's Capital Improvement Program, Fiscal Years 2014-18, and funded with Capital Project Reserves and Development Impact Fees from Corporate Facilities and Quimby Funds. Sufficient funding for the recommended action is available within YMCA Repair and Remediation Account No. 210.165.759. ATTACHMENTS: 1. Professional Services Agreement 2. Location Map 3. Project Description AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND RANDY MEYER d/b/a MEYER AND ASSOCIATES YMCA REPAIR AND REMEDIATION PW12-04 THIS AGREEMENT is made and effective as of September 10, 2013, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Randy Meyer d/b/a Meyer and Associates, 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 September 10, 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. 2. SERVICES AND NON -RESPONSIBILITY OF EXISTING CONDITIONS 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. Generally, the tasks in Exhibit A constitute Consultant's preliminary investigation of the YMCA Facility and its adjacent grounds within Margarita Community Park (collectively the "YMCA") located at 29119 Margarita Road, Temecula, CA 92591. The remodeling, remediation and/or rehabilitation of the YMCA requires that certain assumptions be made therein, and because those assumptions may not be verifiable without expending additional testing, inspection and/or analysis, the City agrees and acknowledges that Consultant shall not in any way be liable or responsible in law, equity, or otherwise for the pre-existing design and conditions of the YMCA. 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. Prevailing wages are required on all City Agreements involving Construction, Design, and Preconstruction Phases of Construction (including, but not limited to, Inspection and Land Surveying Work), and Maintenance (except for Janitorial or Security Guards) for work on City property. 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 riot exceed Two Hundred Thirty -Seven Thousand Six Hundred Ninety Dollars ($237,690) 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 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. 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. c. With respect to the design of public improvements, the Consultant shall not be liable for any injures or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without written consent of the Consultant. 9. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND a. Indemnity for Design Professional Services. In the connection with its design professional services, but subject to the limitations of Section 2 hereof, Consultant shall hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials (collectively, "Indemnitees"), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub -consultants, or agents in the performance of its professional services under this Agreement. b. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Paragraph 9.a. above, but subject to the limitations of Section 2 hereof, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section 9.b. shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees." 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 projectilocation 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 as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 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 Tess 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 not 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 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. 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 and Delivery Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Meyer and Associates Attn: Randy Meyer] 23265 South Pointe Drive, Suite 102 Laguna Hills, CA 92653 15. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 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 Randy Meyer d/b/a MEYER AND ASSOCIATES (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Randy Meyer, Owner ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Randy Meyer dba Meyer and Associates Randy Meyer 23265 South Pointe Drive, Suite 102 Laguna Hills, CA 92653 (949) 380-1151 (949) 380-8117 meyerarch@earthlink.net PM Initials: D Q Date: v EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: �'A" scope of work Understanding/Approach INTRODUCTION The project requires a qualified architectural firm to undertake a thorough investigation to determine a suitable scope for the remediation efforts, including materials, methods and a cost estimate for the work to be undertaken to repair deficiencies existing at the City's YMCA building located at 29119 Margarita Road, Temecula. After completion and approval of the resultant report, the architectural firm shall complete construction documents for construction of the remediation improvements itemized in the following previously prepared reports to be furnished by the City: 1. Tremco Roofing Report, May 2012. 2. Integrity Property Inspections, May 2012. 3. Vesely Architect Shower and Restroom Inspection, June 2012. 4. IRC Report, June 2012. PROJECT DESCRIPTION The existing YMCA facility is located within the northwestern portion of Margarita Community Park and consists of 14,882 square feet of building space of which 8,069 square feet are enclosed (walls and roof) for assembly/office use with the remaining 6,753 square feet (walls and no roof) encloses a swimming pool. The facility also includes adjacent site amenities consisting of a parking lot, and outdoor space with concrete flatwork and landscaping. The YMCA was constructed in 2008/2009 and opened in May of 2009. In early 2012, problems with the facility became widely known. Investigations of the problems revealed that many of the facilities systems had been improperly constructed with the most noticeable being moisture damage in the shower areas and water intrusion damage from the exterior structure. In May and June of 2012, four (4) professional inspections of the facility were undertaken to determine the existing building deficiencies. A brief summary of the observed deficiencies are: Tremco Roofing Report: This (05/12) inspection of the standing metal seam and asphalt built-up roof systems noted (1) the overall workmanship and condition of the roof was poor, (2) maintenance curbs and wall corners were not properly constructed, (3) detail work was poor and improper pipe penetrations were installed, and (4) coping metal was improperly installed. Integrity Property Inspections: This (05/12) inspection was more comprehensive and noted problems with (1) slope erosion, flatwork, grading, (2) exterior roofing systems, vents/access panels, exterior cladding, flashing gutters, masonry coping, windows, caulking/sealants, weather proofing, and stucco, (3) HVAC ducting, (4) Page 117 aXii\FIT "AI\ plumbing and electrical systems, (5) interior wall and ceiling water stains, dragging doors and evidence of wall repairs, and (6) improper attic ventilation, roof leaks, and insulation. Vesely Architect Shower and Restrooms Inspection: This (06/12) report discusses the damage and possible repair of the moisture issues within the shower and restroom of the facility. IRC Report: This (06/12) City commissioned report determined the causes and possible solutions to the problems with roofing, HVAC curbs, gutters, coping, masonry ledger and stem wall, exterior stucco cladding, the shower and restroom and windows and doors. City Staff determined that the existing (non-functioning) swimming pool salt system shall be changed to a traditional auto -feed chlorination system, and the existing concrete pool bottom shall be replaced. GENERAL SCOPE OF SERVICES Architectural services shall include: 1. Review the project plans and reports of previously conducted investigations, and perform a site review of the existing facility. A site visit will include visual reviews of selected building, site, and swimming pool components by the Consultant and its Subconsultants. 2. Work with the City's project manager on completion of the components of the preliminary investigation outlined above. Include time for one (1) two-hour meeting with City Staff to outline the decisional alternatives of the investigation. 3. Determine appropriate/cost effective remediation methods and materials for these deficiencies, and prepare a preliminary cost estimate of the proposed remediation work. 4. Finalize the preliminary investigation scope and cost estimate after the City has reviewed the various recommendations including any alternative elements that may be included. 5. Prepare construction documents for the limited recommendations identified in the 4 previously prepared investigation reports up to the City's identified construction budget of $1,125,000 (75% of the overall $1,500,000 budget). 6. Provide limited bidding support and construction support services as outlined in this Proposal. In summary, the preliminary investigation shall definitively define the scope of remediation improvements, estimate the cost of the work and define the waterproofing elements, methods, and standards to be adhered to. The City intends to use this document as the model for what is developed into full working drawings & specifications. Page 1 18 E X -k T `lAk1 scope of work Scope of Work The following Scope of Services reflects our interpretation of required work tasks necessary to achieve the desired preliminary investigation and report, construction documents, and construction support services for remediation improvements to the existing Margarita Community Park YMCA facility in the City of Temecula. It is the intent to provide architectural services that meet the objectives of the City of Temecula in terms of work scope, budget limitations, accessibility, design quality, innovation, and established schedules. To assure achievement of this goal, adjustments to this program can be made. The proposed scope of work will include, but may not be limited to, the following: A. GENERAL REQUIREMENTS 1. Meet with the City Staff to coordinate project design. We will attend project meetings with City Staff or design committees required for normal design and processing of the work. If necessary, we will also attend public meetings, Commission level presentations, or City Council presentations. Meet with City Staff to discuss requirements and project alternatives. 2. Provide design services that will be consistent with information presented in the City's Request for Proposals as clarified by this Proposal. 3. Provide documents in accordance with the Project Description, Budget and desired Scope of Improvements. The City's maximum construction budget is 51,125,000 (75% of the City's overall budget of $1,500,000). B. BUILDING EVALUATION/SURVEY - ARCHITECTURAL 1. Visit and become familiar with the project site. Review physical limitations and opportunities of the existing building, including configuration and existing construction details. Review existing building documents. City shall furnish documents(s) showing the existing building improvements. 2. Meet with City Staff to discuss possible concerns and verify program requirements. Review project "wish list" as furnished by the City to ascertain the requirements of the project and arrive at a mutual understanding of requirements with the City. 3. Review the City's proposed schedule and construction budget requirements. 4. Provide Visual Survey jointly with the proposed Subconsultants paying special attention to previously noted areas of deficiency. 5. Consult with Subconsultants regarding findings and proposed recommendations. Review final Subconsultants reports. 6. Participate in structural investigations by the Structural Engineer to provide visual review of water damage to the existing building structure caused by moisture infiltration. These investigations will occur at visually accessible areas of the structure. Findings will be based on the visual observations and speculated at areas inaccessible to view. 7. Consult with Structural Engineer regarding findings and proposed recommendations. Review final Engineer's report. P a g e 19 EXt-k\FSt-v" 1IAk 8. Provide recommendations (with alternates) for corrections including methods and materials. 9. Meet with City to discuss methods, materials, and alternates. 10. Coordinate with Estimating Consultant and provide preliminary cost estimate for remediation improvements. Recommendations and cost estimate shall consider the City's $1,125,000 construction budget. 11. Coordinate input from Waterproofing Consultant, Structural Engineer, Electrical Engineer, Mechanical Engineer, Pool Designer, and Estimating Consultant and provide final report of findings, estimate, and recommendations for remediation improvements. C. BUILDING EVALUATION/SURVEY - ROOFING, WATERPROOFING Provide Consulting services related to the repair, maintenance, and/or replacement of the BUR and Metal Roof systems, Shower Waterproofing system, and Exterior Building leak/deficient conditions in the plaster/CMU wall facade interface. 1. Attend an on-site with the Architect and City representatives to review leak problems, building conditions, previous building condition evaluations, project timing, access issues, and project expectations. 2. Conduct a site visit to review building conditions and collect pertinent information for repair, maintenance, and/or replacement of the roofing and waterproofing systems noted, including existing roofing and waterproofing materials and assemblies, deficiencies, various detail conditions, and dimensions necessary to proceed with roofing and waterproofing system recommendations. 3. Provide written Design Recommendations listing repairs, maintenance and upgrades, and/or roofing and waterproofing replacement. The recommendations will be based upon various existing roofing and waterproofing systems, deficiencies, penetration types, flashings, drainage, sheet metal, and insulation. 4. Provide a written Basis of Design document, based on the Design Recommendations, which will outline Manufacturer's specific waterproofing systems and materials to be utilized in the project. D. BUILDING EVALUATION/SURVEY - STRUCTURAL 1. Provide site visit and observation of visible existing building conditions that reflect deficiencies in the existing building structure. 2. Provide general review of existing building plans and structural calculations furnished by the City. 3. Identify areas requiring destructive testing for further investigation. Destructive testing is not a part of our proposed scope of services. 4. Prepare a report of findings with recommendations for repair including itemizing specific remediation products and materials. E. DISABLED ACCESS SURVEY 1. Provide on-site review of possible existing barriers to the disabled. The following existing areas shall be reviewed: parking, path -of -travel, ramps, signage, doors, toilet rooms, swimming pool, showers, rooms, drinking fountains. Page 1 20 Ext-k\,\T I1 PA' 1 F. SWIMMING POOL EVALUATION/SURVEY 1. Visit the project site and meet with City Staff and Architect to determine facility program needs and other issues to be addressed. 2. Document existing conditions, including identification of code violations and safety/maintenance concerns. 3. Prepare a written report outlining observations and making recommendations for mitigation. 4. Prepare specifications selecting specific equipment and finishes as required for the recommendations in Item 3 above. 5. Forward draft copy of report with design options for review and comment. 6. Prepare final report. G. BUILDING EVALUATION SURVEY - ELECTRICAL SYSTEMS 1. Review previously prepared inspection Reports and record drawings of the facility. Investigate the site to observe existing conditions of the electrical systems including lighting, power, fire alarm, security and communications. Prepare a report identifying observable code violations and deficiencies, and recommend remediation improvements. 2. Coordination with Architect regarding electrical work incidental to work being recommended by other Subconsultants. H. BUILDING EVALUATION/SURVEY - MECHANICAL SYSTEMS HVAC, Plumbing, and Fire Sprinkler Assessment will include the following: 1. Provide one (1) job -site visit to perform a visual survey to determine condition of existing systems as follows. a. Existing HVAC systems including the existing mechanical equipment and ductwork. b. Existing exhaust systems including accessible exhaust fans and ductwork. c. Existing visible piping systems. d. Existing plumbing system review of: • Domestic cold water system. • Domestic hot water system. • Domestic hot water return system. • Natural gas system. • Sewer lines. • Roof Storm Drain system. • Fire sprinkler system. Page I 21 EXHAv1; 1'A' • Plumbing fixtures. • Pumps or other plumbing devices. 2. Based on visual findings, recommend further surveys if required. Additional surveys may include: • Video survey of sewer or roof storm drain systems (Not included in this Proposal). • Hydronic balance (Not included in this Proposal). 3. The field survey shall be based on code compliance, age, condition, and other visible deficiencies. • Walk the sight with City representative and Architect. • Photograph existing conditions. • Access existing fixtures and equipment. 4. Provide written report with recommendations for remediation. I. SITE DRAINAGE EVALUATION/STUDY 1. Provide site visit by survey crew to document existing grades (spot elevations) within 50' of all sides of the existing YMCA building. 2. Prepare topographic map of field survey. 3. Analyze existing water drainage pattern within 50' of all sides of the existing YMCA building. 4. Prepare a report of findings and provide recommendations for repair of observed deficiencies. J. TREE EVALUATION STUDY Provide arboricultural consulting services including a written report concerning the existing trees on the building's north side only. Tree evaluation will consist of tree identification and description, tree site location, risk assessment, projected growth and growth impacts, maintenance requirements, and impacts on the building and site. Recommendations will include retention or removal and/or replacement; protection during construction (if retained), and long term maintenance requirements. K. PRELIMINARY COST ESTIMATE Provide one (1) itemized cost estimate for construction of recommendations for remediation. The estimate will be presented in a format that will categorize the work by repair types, or as otherwise agreed. L. INITIAL DESIGN DOCUMENT PHASE 1. Review existing site documents and as -built building plans. City shall furnish documents showing the existing site and building improvements. Page I 22 X.\ -k1 ENT 1 `A11 2. Meet with City Staff to discuss possible concerns and verify program requirements. Review previously selected products and materials. 3. Review the proposed schedule and construction budget requirements. 4. Prepare AutoCAD drawings of the existing facility to use as base documents for the proposed improvement plans. Prepare base site plan, floor plans, roof plans, exterior elevations, and sections as necessary to provide the proper basis for plans illustrating all proposed repair improvements. 5. Provide field review and limited measurements to update plans for visible as -built conditions affecting new improvements. 6. Investigate existing construction details at specific locations. 7. Review proposed improvements with Project Team and distribute base drawings. 8. Provide research to confirm detailed methods of construction. 9. Provide research to confirm selection of appropriate products and materials. 10. Coordinate Project Team research and input, M. CONSTRUCTION DOCUMENTS PHASE 1. Prepare design development plans (50%±) to illustrate actual scope of improvements. Plans shall be prepared as a single construction document package. Plan organization for alternative packages or phasing of improvements is not anticipated at this time. Submit review sets to Staff as required. 2. Revise plans as necessary in accordance with City comments within the Project Scope. 3. Prepare preliminary opinion of probable construction cost for improvements. 4. Prepare 100% final plans, specifications, opinion of probable construction cost, required calculations, and bidding documents in sufficient detail to obtain competitive bids. Plans shall incorporate City standards and meet Federal, State and Local requirements, as necessary. 5. Submit final documents for final review as required (Plan Check). City shall process documents through required departments or agencies. 6. Correct plans, as required, and resubmit final documents for the City's final approval. 7. Assist City during the project bidding. N. CONSTRUCTION SUPPORT 1. Attend pre-bid meeting or walkthrough to be organized by the City. 2. Provide answers to pertinent pre-bid questions. 3. Attend pre -construction meeting (Architect only). 4. Review shop drawings, samples, and other appropriate submittals. Shop drawings will be reviewed for general compliance with project construction drawings and project intent. For each required building element, review initial submittal only. Resubmittals and substitution requests will be handled as extra services. Page `23 5. Provide regular site visitations and reports on construction progress and quality. 16 by Architect and 2 by Structural Engineer. 6. If requested, review monthly payment requests at regular site visitations and make recommendations to the City. 7. Assist in determining and processing change orders caused by errors or omissions in the plans. Change order assistance for City changes in project scope or for changes due to unforeseen circumstances can be handled as extra services. 8. Participate in final project review as scheduled by the City and provide final "punch list." Review by Architect, Pool Designer, Mechanical Engineer (plumbing/HVAC), Electrical Engineer. 9. Provide reasonable assistance to the City during construction to clarify the intent of the plans and specifications. Review and respond to RFI's. O. POST CONSTRUCTION SUPPORT 1. Review Contractor's as -built markups and comment on thoroughness of the Contractor's preparation. 2. Prepare record drawings from Contractor prepared as -built drawings. 3. Furnish one (1) set of mylar "record" drawings containing as -built information. P. RESPONSIBILITIES OF THE CITY 1. Provide documents accurately and thoroughly describing the existing building, existing swimming pool and pool equipment, and the existing site, illustrating all existing utilities of record. 2. Provide project soils report and full site survey if required. 3. Coordinate and pay for required testing for hazardous materials, including lead paint, mold, and asbestos investigation and report. Provide hazardous materials abatement specifications if necessary. 4. Coordinate and monitor document reviews, checking, and approvals. Pay all agency fees. 5. Pay for reproduction of final bid documents (plans and specs) for bidding and construction. 6. Provide construction administration and inspection services. 7. Provide any required environmental surveys and reports. 8. Provide City's standard title block or title sheet format if necessary. 9. Furnish City's standard front end bid documents ("Boiler Plate") in final form for the project specifications. 10. Provide plan check submissions to City, County, State or Federal Agencies if necessary. 11. Provide access to areas of the site and building as necessary for consultant reviews. Provide equipment operation as necessary. Page I 24 E_x\-k EAT 'tok 12. Coordinate meetings and presentations. 13. Provide technical assistance regarding future operation and future programming needs of the facility. 14. Provide any additional information required by the Consultant for proper performance of the work. 15. Provide documents or files to Contractor for as -built drawings. 16. Provide building repairs and patching due to necessary testing performed by the Consultant. Consultant is not responsible for repair of finishes or other items damaged by investigative reviews occurring during the course of investigations. 17. Provide any additional information required by the Consultant for proper performance of the work. Q. EXCLUSIONS BY MEYER AND ASSOCIATES (Excluded services can be provided upon request by the City). 1. All Consultant or Sub -Consultant services that are not listed as services to be included in our Scope of Services. 2. All Sub -Consultants and disciplines that are not listed as participants on our project team. 3. Excluded services include but may not be limited to the following: a. Construction documents for improvements other than those listed in the Project Description. b. Artist's renderings or illustrations. Models. c. Environmental impact reports or similar documents. d. Plan check, permit or similar fees to governmental agencies. e. Preparation or modification of drawings or documents due to City changes to previously approved documents or City changes to previous City direction. f. Printing or reproduction of documents for project bidding or construction. 9. Studies or analyses not specifically listed as included. Any off-site studies or analyses. Investigations of existing building seismic resistant design, or other items not related to the building remediation as listed in the "4 Reports." h. Field utility investigations. Similar onsite surveys or investigations. Detailed measurements of existing buildings or site improvements. i. Geotechnical investigations, soils reports, or other similar investigations or documents. Off-site services including off-site utility connections, studies, or research. k. Street improvement documents. I. Consulting of any kind with respect to hazardous materials such as asbestos, mold, or lead paint. m. On-going grounds or building maintenance analyses or reports. Page 125 axk- \-\-- `>Ak ‘ n. Destructive testing or x-ray investigation services. o. Materials demolition or removal for evaluations or testing. p. Providing specialized testing equipment or specialty testing by specialty consultants not listed on the Project Team. q. Fire sprinkler, fire alarm, or smoke control engineering or construction documents. r. Timed egress analysis or fire modeling. Exiting studies or analyses. s. Alternative or phased plans. t. Security system or other alarm system design. u. Acoustical study or design by an acoustical consultant. v. Traffic or parking studies or reports. w. Furniture or equipment design, layout, specifications, or purchasing. Interior design. x. Wiring design for data and telephone. y. Audio or video systems. z. Sub -surface site drainage systems except for drainage solution at the immediate south side of the facility. aa. Foundation system upgrades. bb. Prestressed concrete design. cc. Boundary survey, topographic survey, or similar documents, other than the limited topographic survey outlined in this Proposal. dd. SUSMP or hydrology study. Storm water management consulting. ee. Value engineering. ff. Certifications of as -built or record documents for completeness or accuracy. The Architect will not have sufficient knowledge of the day-to-day operations of the Contractor to make such a certification. gg• Construction documents for building upgrades to the current building or accessibility codes. New improvements will comply as required. Page 126 EXHIBIT B Payment Rates and Schedule fee Not -To -Exceed Fee (Revised 08/27/13) Meyer and Associates proposes to complete the Scope of Work for the following not -to -exceed lump sum fee: City Business License Allowance: $ 200.00 General Requirements: Allow 5 City Staff Progress Meetings. $ 3,125.00 Allow 1 Staff Presentations. $ 625.00 Evaluation/Survey — Architectural. $ 3,200.00 Evaluation/Survey — Roofing, Waterproofing. $ 5,320.00 Evaluation/Survey — Structural. $ 6,600.00 Disabled Access Survey. $ 5,800.00 Swimming Pool Evaluation/Survey. $ 6,480.00 Building Evaluation/Survey — Electrical Systems. $ 2,400.00 Building Evaluation/Survey — Mechanical Systems. $ 5,040.00 Site Evaluation/Survey iTopo Survey). S 6,000.00 Tree Evaluation/Study. $ 2,160.00 Project Management. $ 2,300.00 Preliminary Cost Estimate. $ 13,800.00 Recommendation For Remediation/Products & Materials. $ 3,320.00 Draft Report. $ 5,400.00 Final Report. $ 2,000.00 Study Reimbursable Allowances: Final Report (6 Copies). $ 600.00 Subconsultant Reimbursables. $ 2,100.00 Architect's Reimbursables. $ 450.00 Initial Design: Material Research. $ 2,300.00 Design Solutions. $ 1,600.00 Investigate and Measure Limited Existing As -Built Conditions (Architect). $ 1,800.00 Investigate Specific Construction Details (Architect). $ 1,200.00 Create Base Drawings (5 ± Sheets). $ 4,000.00 City Coordination and Status Reporting. $ 480.00 Construction Documents: 50% Final Plans: Coordination with Sub Consultants (Management). $ 2,160.00 City Coordination and Status Reporting. $ 0.00 Architectural Drawings (Including Site Work). $ 13,000.00 Structural Engineering (Calcs/Drawings). $ 3,165.00 Roofing/Waterproofing Consultant Design Review, Specifications. $ 6,600.00 Electrical Engineering. $ 1,200.00 Mechanical Engineering. $ 3,105.00 Civil Engineering. $ 4,600.00 Pool Design. $ 13,870.00 Specifications Index. $ 1,200.00 100% Final Plans: Coordination with Sub Consultants (Management). $ 2,160.00 City Coordination and Status Reporting. $ 0.00 Architectural Drawings (Including Site Work). $ 20,600.00 Ex* tT u \ Structural Engineering (Calcs/Drawings). Roofing/Waterproofing Consultant Design Review. Electrical Engineering. Mechanical Engineering. Civil Engineering. Pool Design. Architectural Specifications. Plan Check. Construction Support: Pre -Bid Meeting (Architect). Pre -Construction Meeting (Architect). Roofing Pta-mleb-MeetiR Shop Drawings/Submittal Review (Architect). Shop Drawings/Submittal Review (Structural Engineer). Shop Drawings/Submittal Review (Roofing/Waterproofing Consultant). Shop Drawings/Submittal Review (Electrical Engineer). Shop Drawings/Submittal Review (Mechanical Engineer). Shop Drawings/Submittal Review (Pool Designer). Shop Drawings/Submittal Review (Civil Engineer). $ 3,165.00 $ 2,660.00 $ 1,200.00 $ 3,105.00 $ 2,300.00 $ 13,870.00 $ 6,500.00 $ 3,000.00 $ 500.00 $ 500.00 $ 0.00 $ 0.00 $ 2,000.00 500.00 $ 2,960.00 $ 300.00 $ 690.00 $ 1,100.00 $ 250.00 Site Visits: 16 (Architect). $ 8,000.00 Site Visits: 1 (Structural Engineer). $ 1,000.00 Site Visits: 2 (Roofing/Waterproofing Consultant). $ 2,300.00 Site Visits: 1 (Electrical Engineer). $ 600.00 Site Visits: 1 (Mechanical Engineer). $ 690.00 Site Visits: 2 (Pool Designer). $ 2,000.00 Field Verify As -Graded Condition (Civil). $ 1,200.00 Precise Grade Verification Letter (Civil). $ 300.00 Final Review/Report (Architect). $ 1,200.00 Final Review/Report (Electrical Engineer). $ 600.00 Final Review/Report (Roofing/Waterproofing Consultant). $ 1,750.00 Final Review/Report (Mechanical Engineer). $ 690.00 Final Review/Report (Pool Designer). $ 1,000.00 Clarification Allowance (RFI's). $ 1,500.00 Post Construction Support: Review As -Built Markups (Allowance). $ 800.00 Record Drawings (Allowance). $ 2,500.00 Subconsultant Reimbursable Allowance: $ 3,000.00 Printing/Reproduction Allowance: Review Plans (Maximum 9 sets). $ 1,800.00 Mylar Plans. $ 2,200.00 TOTAL NOT -TO -EXCEED FEE $ 237,690.00 The above fees include costs for transportation, telephone, interim submittals, and normal insurance coverage. Meyer and Associates understands the City will furnish information and services listed after our Scope of Services. These fees have been based on the Project Description and Scope of Services. Meyer and Associates will provide construction documents for improvements within the limits of the Project Description and Scope of Services. Documents for improvements exceeding the Project Description and Scope of Services are not included. Should the Project Description or Scope of Services be altered, the fee may be adjusted accordingly. Services will be billed on an hourly basis for actual work performed up to the total not -to -exceed fee. The breakdown of fees above is a guideline only to illustrate individual fee components of overall services. Actual work performed will be responsive to specific job requirements and may vary significantly from the itemized listing above. FXt�1gA ` " schedule of work Project Schedule (Estimated) Subject to alterations in the best interest of the City of Temecula we propose to schedule this project as follows (please reference our Scope of Work) based upon our previous scheduling experience and track record. Task Work Weeks Notice -To -Proceed (Actual Date Unknown) 00 Subconsultant Agreements. 00 - 02 Investigation, Estimate, Report Architectural Investigation. 01 - 04 Roofing, Waterproofing Investigation. 01 - 04 Structural Investigation. 01 - 04 Disabled Access Survey. 04 - 05 Swimming Pool Investigation. 01 - 04 Electrical Investigation. 01 - 04 Mechanical Investigation. 01 - 04 Civil Investigation. 01 - 06 Tree Evaluation. 01 - 02 Architectural Report. 04 - 06 Subconsultant Reports. 04 - 06 Summary Recommendations. 07 Meet With City Staff. 08 Preliminary Estimate. 06 - 08 Draft Report. 09 City Review. 10 Final Report. 11 City Approval. 12 Initial Design Phase Additional Site Review. Document Review. Staff Meeting/Schedule and Budget Review. AutoCAD Base Document — Site Plan. AutoCAD Base Document — Building Floor Plan. AutoCAD Base Document — Building Roof Plan. AutoCAD Base Document — Building Elevations. Methods of Construction. Products and Materials Review. 13 08 - 13 14 14 14 15 15 12 - 13 12 - 13 Construction Documents Design Development (50%±). 14 - 20 City Review. 20 - 21 100% Documents. 22 - 30 City Review (First Plan Check). 31 - 32 Plan Check Comments. 33 - 34 Plan Approval. 35 Schedule Clarification The time during which the Consultant is delayed in its work by the acts of neglect of the City or its employees or those under it by contract or otherwise, or by Act of God which the Consultant could not have foreseen and provided for and which is not due to any fault or negligence on the part of the Consultant, shall be added to the time of completion of the work and the Consultant shall not be liable for any damages on account of such delay. Scheduling Commitment Meyer and Associates will proceed with the project immediately upon receipt of approval and Notice to Proceed from the City. This project will be given a high priority for the duration of the work. Our office is committed to meeting the deadlines set forth in the schedule presented above. Page X27 Exii i3.17 -- estimated schedule of work Schedule of Proposed Hours 1 TASK ARCHITECT (HOURS) ROOFING CONSULTANT (HOURS ENGINEERING STR, ELECT, MECH (HOURS) POOL DESIGNER (HOURS) CIVIL ENGINEERING (HOURS) ESTIMATING (HOURS) CLERICAL (HOURS) 1. Building Evaluation Survey. A. Architectural. A. 32.0 A. --- A. --• A. -• A. •.• A. - A. --- B. Roofing, Waterproofing. 8. 2.0 B. 28.0 B. --• B. ••- B. •-- B. - 8. -- C. Structural. C. 2.0 C. - C. 52.0 C. -- C. -.. C. - C. -- D. Disabled Access. D. 58.0 D. - D. -- D. 1.0 D. -•• D. --- D. ... E. Swimming Pool. E. 4.0 E. --- E. -- E. 52.0 E. --- E. .-- E. -•- F. Electrical. F. 2.0 F. - F. 24.0 F. 1.0 F. --- F. •-• F. - G. Mechanical. G. 2.0 G. --- G. 46.0 G. 1.0 G. --• G. -- G. --- H. Drainage. H. 10.0 H. - H. -•- H. - H. 30.0 H. -- H. .... I. Trees. I. 1.0 I. -•- I. - I. --- I. - 1. •-• I. •- J. Topo Survey. J. 4.0 J. - J. --- J. --- J. 10.0 J. --- J. --- K. City Meetings. K. 24.0 K. --- K. -- K. -• K. -- K. -- K. --- L. Team Meetings. L. 21.0 L. 3.0 L. 9.0 L. 3.0 L. 3.0 L. --- L. --- M. Estimate. M. 8.0 M. 1.0 M. 6.0 M. 4.0 M. 1.0 M. 89.0 M. 2.0 N. Draft Report. N. 40.0 N. 3.0 N. 9.0 N. 3.0 N. 3.0 N. - N. 24.0 0. Final Report. O. 10.0 O. - O. - 0. -•- O. ••• O. -- O. 8.0 2. Relmbursables. A. Printing/Reproduction. A. -• A. - A. - A. - A. -- A. -- A. 6.0 B. Subconsultants. B. --• B. - 0. - B. -• B. --• B. - B. 4.0 C. Plotting. C. •-- C. •-• C. --- C. -- C. - C. -•• C. 2.0 3. Initial Design Documents. PrmOnw? N A N C D MOWN 0) A W 0 0 0 0 0 0 0 A. Review Documents. A. 1.0 A. 3.0 A. 1.0 A. 1.0 A. -- A. -- B. City Meeting. B. - B. --- B. •-• B. --- B. --- B. -- C. Base Documents. C. - C. -•- C. •-- C. -• C. -- C. --- D. Field Review, Update Plans. D. - D. - D. - D. ••• D. -- D. -- E. Team Meetings. E. 4.0 E. 12.0 E. 4.0 E. 4.0 E. -- E. --- F. Research Products, Matl's. F. 2.0 F. 10.0 F. 6.0 F. -•• F. -- F. --- G. Project Management. G. 2.0 G. 6.0 G. 4.0 G. -- G. --- G. --- 4. Construction Documents. A. 50% Documents. A. 4.0 A. - A. -• A. --• A. --- A. •-- A. -- B. Plan Revisions. B. 8.0 B. 4.0 B. -• B. .-- B. ••• B. •- B. -- C. 100% Documents. C. 16.0 C. 4.0 C. 12.0 C. 4.0 C. 2.0 C. --• C. 8.0 D. Project Management. D. 40.0 D. 4.0 D. 12.0 D. 4.0 D. 4.0 D. -- D. •- E. Plan Check, E. 64.0 E. 12.0 E. 12.0 E. 8.0 E. 6.0 E. -- E. --- Page 128 E.X h-1 tT "E:." ! estimated schedule of work (cont. Schedule of Proposed Hours TASK ARCHITECT (HOURS) ROOFING CONSULTANT (HOURS ENGINEERING STR, ELECT, MECH (HOURS) POOL DESIGNER (HOURS) CIVIL ENGINEERING (HOURS) ESTIMATING (HOURS) CLERICAL (HOURS) 5. Construction Support. rn� OGO A0)W A 0 0 0 0 0 0 0 A. Pre -Bid Meeting. A. - A. --- A. -•• A. --- A. •- A. -- B. Pre -Construction Meeting. B. 4.0 B. - B. -- B. -- B. --• B. --- C. Shop Drawing Roview. C. 4.0 C. 12.0 C. 4.0 C. 2.0 C. ••- C. 8.0 D. Site Visits. D. 12.0 D. 12.0 D. 8.0 O. 6.0 D. .-- O. -- E. Review Pay Requests. E. --- E. -- E. --- E. --- E. -•- E. 6.0 F. Final Review. F. 4.0 F. 8.0 F. 4.0 F. 4.0 F. --- F. 2.0 G. RFI's. G. 3.0 G. 9.0 G. 3.0 G. 3.0 G. --• G. 4.0 6. Post Construction. A. Review As-Builts. A. 16.0 A. - A. - A. •- A. •-• A. -•- A. ••• B. Record Drawings. B. 24.0 B. - 8. •-- B. -- B. •-- 8. -- B. --- C. Mylar Plans. C. - C. -- C. C. -- C. --• C. --• C. 1.0 7. Relmbursables. A. Printing/Reproduction. A. -- A. -- A. -•- A. .-- A. -- A. -- A. 6.0 B. Subconsultants. B. -- B. --- B. --- B. -- B. ... B --• B. 4.0 C. Plotting. . C. -- C. -•• C. ••- C. -•- C. ... C. - C. 2.0 Paye 129 YMCA REPAIR AND REMEDIATION Infrastructure / Other Projects Location Aerial Data - March 2010 0 75 150 Feet 300 124 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 YMCA REPAIR AND REMEDIATION Infrastructure / Other Project Project Description: This project will include the design and construction of the repair and remediation of the YMCA building on Margarita Road, including the roof, exterior cladding (stucco walls, windows, and doors), shower and restrooms, swimming pool, site drainage, and other miscellaneous repairs. Benefit / Core Value: This project will remediate the building deficiencies and upgrade it to current building codes and standards. In addition, this project satisfies the City's Core Value of a Healthy Livable City, an d A Safe and Prepared Community. Project Status: This project will be started in fiscal year 2013-14. Department: Public Works —210.165.759 Level: 1 Project Cost: Fscal Year Pricr Years bided 2013 2013-14 Actual Carrynnrer Adapted 2014-15 2015-16 2016-17 2017-18 Tcta Project Experrditxxes Budget Appropriation Projected Prcjected Prcjected Prcjected Cost Adniriistraticn $ 196,000 $ 195,000 Ccnstructicn $ 971.000 $ 971,000 Ccnstructicn Engineering $ 82.000 $ 82000 Design $ 148.000 $ 148.000 Tata! s $ - $ - $ 1.396.000 $ - $ - $ - $ - $ 1,396.000 Fscal Year Source Of Funds: Pricr Years Ended 2013 2013-14 Actual Carrynnrer Acicpted 2014-15 2015-16 2016-17 2017-18 Tcta Project Expenclb res Budget Apprccriation Projected Projected Prcjected Prcjected Cost Capital Prcject Reserves $ 161,047 $ 161,047 CIF (Corporate Faciities) $ 511.129 $ 511,129 CIF (Cs.irrby) $ 723,824 $ 723,824 Total Fit -icing $ - $ - $ 1.396.000 $ - $ - $ - $ - $ 1,396000 Future Operation & Maintenance Costs 2013-14 2014-15 2015-16 2016-17 2017-18 $ 1,000 $ 3.000 $ 3,330 $ 3,600 125 Item No. 8 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Amer Attar, Acting City Engineer DATE: September 10, 2013 SUBJECT: Adopt a Mitigated Negative Declaration and Mitigation Monitoring Plan and Award a Contract for the Demolition of the old Temecula Marine Building — Murrieta Creek Bridge and Overland Drive Extension, PW00-26 and PW13-03 PREPARED BY: David McBride, Senior Engineer Chris White, Assistant Engineer RECOMMENDATION: 1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring Plan for the Murrieta Creek Bridge and Overland Drive Extension, PW00-26; 2. Award a Contract to Unlimited Environmental, in the amount of $53,600, for the demolition of the old Temecula Marine Building, PW13-03; 3. Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,000, which is equal to 28% of the contract amount; 4. Make a finding that the demolition of the old Temecula Marine Building, PW13- 03, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: Murrieta Creek Bridge and Overland Drive Extension to Diaz Road project is divided into two phases. Phase 1 of the project consists of constructing Overland Drive between Commerce Center Drive and Enterprise Circle West. Phase 2 will construct Overland Drive between Enterprise Circle West and Diaz Road, including the bridge over Murrieta Creek. It should be noted that the Mitigated Negative Declaration and Mitigation Monitoring Plan encompasses the entire project while the contract for demolition of the old Temecula Marine building is a small portion of the enitre project. One of the buildings acquired as part of this project (old Temecula Marine building), located at 27495 Enterprise Circle West, is unsuitable to maintain as a lease and should be demolished to reduce expenses, as well as make way for the future roadway improvements. This project proposes to completely demolish the building and eliminate appropriate utilities and landscaping while leaving the existing parking lot and driveway in place for possible use by an adjacent non- profit organization through an agreement with the City. On July 23, 2013, City Council approved the plans and specifications and authorized staff to solicit construction bids. On Tuesday, August 27, 2013, thirteen bids were electronically opened and publicly posted on PlanetBids. The results were as follows: Staff has deemed the bids submitted by bidders 7, 8, 9, 10, 11, 12, 13 and 14 as non- responsive for failure to submit an original bid bond within the twenty -four -hours after bid opening. Staff has deemed the bid submitted by Vizion's West, Inc., as non-responsive for failure to submit their completed bid on PlanetBids by the bid opening deadline. Staff has reviewed the bid proposals and found Unlimited Environmental to be the lowest responsible bidder with a bid amount of $53,600. Unlimited Environmental has successfully completed similar work for Temecula and other Public Agencies. The Engineer's Estimate for the project is $107,230. The project specifications allow for twenty-five working days, which is an approximate duration of one and one-half months. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are five percent of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees as those programs contribute directly to the MSHCP. Since this project involves demolition of an existing building it is exempt from MHSCP fees. Enviornmental Determination: Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the entire Murrieta Creek Bridge and Overland Drive Extension project as a whole (the demolition is a small portion of the entire project). Based upon the findings contained in the Initial Study, City staff determined that environmental impacts for the project are all less than significant with the mitigation proposed and a Mitigated Negative Declaration and Mitigation Monitoring Plan was Base Bid 1. Unlimited Environmental $53,600.00 2. 5M Contracting Inc. $65,350.00 3. Whillock Construction $71,851.00 4. Jeremy Harris Construction, Inc. $99,000.00 5. Clauss Construction $104,879.46 6. The Van Dyke Corporation $121,400.00 7. HFG Pacific Excavation, Inc. Non -Responsive 8. US Demolition Non -Responsive 9. Superior Demolition Non -Responsive 10. Dakeno, Inc. Non -Responsive 11. National Demolition Contractor Non -Responsive 12. Interior Demolition, Inc. Non -Responsive 13. Sean Malek Engineering & Construction Non -Responsive 14. Vizion's West, Inc. Non -Responsive Staff has deemed the bids submitted by bidders 7, 8, 9, 10, 11, 12, 13 and 14 as non- responsive for failure to submit an original bid bond within the twenty -four -hours after bid opening. Staff has deemed the bid submitted by Vizion's West, Inc., as non-responsive for failure to submit their completed bid on PlanetBids by the bid opening deadline. Staff has reviewed the bid proposals and found Unlimited Environmental to be the lowest responsible bidder with a bid amount of $53,600. Unlimited Environmental has successfully completed similar work for Temecula and other Public Agencies. The Engineer's Estimate for the project is $107,230. The project specifications allow for twenty-five working days, which is an approximate duration of one and one-half months. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are five percent of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees as those programs contribute directly to the MSHCP. Since this project involves demolition of an existing building it is exempt from MHSCP fees. Enviornmental Determination: Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the entire Murrieta Creek Bridge and Overland Drive Extension project as a whole (the demolition is a small portion of the entire project). Based upon the findings contained in the Initial Study, City staff determined that environmental impacts for the project are all less than significant with the mitigation proposed and a Mitigated Negative Declaration and Mitigation Monitoring Plan was prepared. The Initial Study and Mitigated Negative Declaration was distributed and made available for public review on June 3, 2012. During the review period the City received several minor comments that were addressed in the final document. These comments were deemed insignificant to the entire project. Adoption of the Mitigated Negative Declaration and Mitigation Monitoring Plan, which are attached, establishes the basis for compliance with California Environmental Quality Act (CEQA) for the entire project. FISCAL IMPACT: The demolition of the old Temecula Marine building is part of the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road project and is funded with Capital Project Reserves and Development Impact Fees (Street Improvement) Funding. Sufficient funds are available within Account o. 210.165.602.5804 for the contract amount of $53,600, plus the 28% contingency amount of $15,000, for a total encumbrance of $68,600. ATTACHMENTS: 1. Contract 2. Project Location 3. Project Description 4. Notice of Proposed Mitigated Negative Declaration 5. Mitigation Monitoring Plan CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT FOR MURRIETA CREEK BRIDGE— OVERLAND DRIVE PHASE 1 DEMOLITION PROJECT NO. PW13-03 THIS CONTRACT, made and entered into the 10"' day of September, 2013, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Unlimited Environmental, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled MURRIETA CREEK BRIDGE — OVERLAND DRIVE PHASE 1 DEMOLITION, PROJECT NO. PW13-03, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for MURRIETA CREEK BRIDGE — OVERLAND DRIVE PHASE 1 DEMOLITION, PROJECT NO. PW13-03. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for MURRIETA CREEK BRIDGE — OVERLAND DRIVE PHASE 1 DEMOLITION, PROJECT NO. PW13-03. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: MURRIETA CREEK BRIDGE — OVERLAND DRIVE PHASE 1 DEMOLITION, PROJECT NO. PW13-03 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: Fifty Three Thousand Six Hundred DOLLARS and No CENTS ($53,600.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed 25 working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of $1,000.00 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within 30 calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $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 Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT, and/or SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR'S employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the CITY who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any CITY officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ nor any person with an ownership interest in the CONTRACTOR has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has riot, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title 1 of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing and Delivery Address: Amer Attar Acting City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Unlimited Environmental, Inc. 1390 32nd Street Signal Hill, Ca. 90755 (562) 981-6600 By: Jill Dupleich Vice President By: W. Scott Lange President (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney D49 0 27495 ENTERPRISE CIRCLE WEST 130 260 390 ft. Map center: 6282836, 2131944 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Legend -- City Streets Parcels Aerial 2012 Scale: 1:1,387 2014-15 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD Circulation Project Proiect Description: This project includes the design and construction of a new bridge crossing over Murrieta Creek between Rancho California Road and Winchester Road. This project also includes studying suitable locations for a new crossing, environmental studies, mitigation, acquisition of right-of-way, new road improvements between Murrieta Creek and Commerce Center Drive, and installation of new traffic signals at Overland Drive intersections with Diaz Road, Enterprise Circle West, and Commerce Center Drive. This project will be constructed in two phases. Phase 1 will construct the street improvements between Commerce Center Drive and Enterprise Circle West, and Phase 2 will connect Enterprise Circle West and Diaz Road, including the construction of the bridge over Murrieta Creek. Benefit / Core Value: This project improves traffic circulation and access to Overland Drive freeway over -crossing. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: The design for the extension of Overland Drive from Commerce Center Drive is complete. The City is working on the right-of-way acquisition and the environmental document. Construction of Phase 1 is scheduled to start during fiscal year 2013-14, and Phase 2 will be completed in future years when funding is available. Department: Public Works -Account No. 210.165.602 Level: 1 Project Cost= Fiscal Year Prior Years Bided 2013 2013-14 Achral Carryover Adopted 2014-15 6cpeaicitcres Budget Pcprapriaticn Projected 2015-16 Projected 2016-17 Projected 2017-18 Total Project Projected Cost Administration $ 264,172 $ 132,234 $ 130,400 $ 576,170 $ 1,102,976 Acquisiticn $ 2,657,612 $ 2,463,162 $ 265,181 $ 5,385,955 O*-structicrl $ 1,702,050 $ 60,000 $ 9,084,100 $10,846,150 Cxrrstructim $ 3,327,765 $ 4,515,871 $ 463,759 $ 8,307,395 Engineering $ 68,082 $ 407,182 $ 475,264 Design $ 588,77q $ 7,020 $ 30,000 $ 60,000 $ 685,249 LI- specifiecr $ 54,257 $ 80,753 $ 150,000 $ 285,010 Ersiru ■ t fix [tat MSI -CP $ 4,515,871 $ 56,665 $ - $10,731,657 $ 454,205 $ - $19,301,474 I $ 510,870 Utilities $ 4,095 $ 5,905 $ 10,000 Totals $ 3,568,365 $ 4,515,871 $ 485,581 $ - $10,731,657 $ - $ - $19,301,474 fiscal Year SourC of Funds: Prior Years Bided 2013 2013-14 Actual Cam/mar Adopted 2014-15 6cpeaicittres Budget Apprropriati'on Projected 2015-16 Projected 2016-17 Projected 2017-18 Total Project Projected Cost Coital Prcject - - Reserves $ 213,600 $ 21,822 $ 235,422 CIF (Street Imp -oven -acts) $ 3,327,765 $ 4,515,871 $ 463,759 $ 8,307,395 Fein kxrsement/ Other (Ran $ 27,000 $ 27,000 LI- specifiecr $10,731,657 $10,731,657 Total Fencing: $ 3,568,365 $ 4,515,871 $ 485,581 $ - $10,731,657 $ - $ - $19,301,474 I Future Operation & Maintenance Costs: 2013-14 `Prcject cannot be ccnstructed uifil a furring sctrce is identified. 63 2016-16 2016-17 2017-18 I $ 1,0201 $ 1,0401 City of Temecula Community Development Planning Division Notice of Proposed Mitigated Negative Declaration PROJECT: Murrieta Creek Overcrossing and Overland Drive Extension APPLICANT: City of Temecula LOCATION: The proposed Project is located in the City of Temecula, County of Riverside, California, west of 1-15, north of Rancho California Road, west of Commerce Center Drive, south of Winchester Road, and east of Diaz Road. The approximate longitude and latitude coordinates of the proposed bridge sites are 117.1658 °W and 33.5239° N in the City of Temecula, County of Riverside DESCRIPTION: The proposed Project consists of construction of four lanes that extend from Overland Drive at its current terminus near Commerce Center Drive to Enterprise Circle West and the construction of a new bridge across Murrieta Creek, connecting Enterprise Circle West to Diaz Road. The extension of Overland Drive includes the demolition of three buildings located between Commerce Center Drive and Diaz Road as well as removal existing pavements within the Project area. It will also include roadway improvements to Enterprise Circle and Commerce Center Drive that will involve the construction of curbs and gutters, sidewalks, handicap access ramps for sidewalks and the existing bicycle trail, median curbs, traffic signals, storm drains, full roadway structural sections, an adjustment of utility facilities to grade, landscaping, and traffic signing and striping. The construction of the 75.75 foot Murrieta Creek Bridge will include concrete embankments, piers, and slab approaches. The Project also includes a 140 -foot wide scour protection, ArmoFlex over geotextile file filter fabric, 1 ton riprap rock to protect bridge piers and abutments within Murrieta Creek, conduit for future utilities, and electrical conduit for street lights and traffic signals. Reconstruction of Diaz Road from approximately 200 feet east of Rio Nedo to 200 feet east of Avenida Alverado involves construction of curb and gutter and sidewalk, relocating sewer and water facilities, and placing electrical services underground; constructing a storm drain; adding a full roadway structural section; adjusting utility facilities to grade; adding traffic signals; and adding traffic signing and striping. The Project will occur in two phases. Phase 1 involves the extension of Overland Drive, which includes the demolition of three buildings along Enterprise Circle West and Commerce Center Drive and the extension of Overland Drive from Commerce Center Drive up to the creek's edge. No impacts to the Murrieta Creek will occur during Phase I. Phase II includes the construction of the Murrieta Creek Bridge. Phase 1 is expected to be initiated in 2013, whereas Phase II may not be initiated for several years as it depends on the US Army Corps of Engineers' Murrieta Creek Flood Control/Environmental Restoration Project. The City of Temecula intends to adopt a Mitigated Negative Declaration for the Project described above. Based upon the information contained in the Initial Environmental Study and pursuant to the requirements of the California Environmental Quality Act (CEQA), it has been determined that this Project, as proposed, revised, or mitigated, will not have a significant impact upon the environment. As a result, the City Council intends to adopt a Negative Declaration for this project. The mitigation measures required to reduce or mitigate the impacts of this Project on the environment are included in the Project design and/or the Mitigation Monitoring Program which is attached to this Notice and will be included as part of the Negative Declaration for this project. The Comment Period for this proposed Mitigated Negative Declaration is June 3, 2013 to July 3, 2013. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, 41000 Main Street, Temecula, CA 92590 The public notice of the intent to adopt this Mitigated Negative Declaration is provided through: ®The Local Newspaper ❑Posting the Site ❑Notice to Adjacent Property Owners If you need additional information or have any questions concerning this project, please contact Dale West at (951) 693-3918. Prepared by: Associate Planner (Signature) (Title) Project Description: Location: Applicant: Mitigation Monitoring Program Long Range Planning Project No. LR12-0016, a proposed CIP Project to extend Overland Drive from its current terminus near Commerce Center Drive to Enterprise Circle West, and to construct a new bridge across Murrieta Creek connecting Enterprise Circle West to Diaz Road. The Project will occur in two phases. Phase I involves the extension of Overland Drive. Phase II includes the construction of the Murrieta Creek Bridge. The Project is generally located west of Jefferson Avenue, east of Diaz Road, South of Winchester Road, and north of Rancho California Road. City of Temecula 41000 Main Street Temecula, CA 92590 General Impact: Biological Resources A Habitat Assessment, Special Status Plant Surveys, Least Bell's Vireo Surveys, Burrowing Owl Surveys, and a Determination of Biologically Equivalent or Superior Preservation, identified impacts to Riverine/Riparian Habitat and other biological resources. The following mitigation measures shall be implemented: Mitigation Measures: BIO -1: RiparianlRiverine Resources. Permanent Project Impacts. The City shall provide offsite restoration for areas permanently impacted by the Project of 3:24 acres. The location for offsite mitigation is the Riparian/Riverine habitat along Temecula Creek. A detailed restoration program shall be prepared for approval by the USACE and the CDFW prior to construction. A copy of the restoration plan shall be submitted to the Regional Conservation Authority. The restoration plans shall contain the following items: • Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the Project Applicant, specialists, and maintenance personnel that will supervise and implement the plan shall be specified. • Site selection. Site selection for restoration and enhancement mitigation shall be determined in coordination with the City and the resource agencies. The mitigation site(s) shall be located in a dedicated open space area. The restoration site tentatively selected is located along Temecula Creek. • Site preparation and planting implementation. Site preparation shall include (1) protection of existing native 1 species; (2) trash and weed removal; (3) native species salvage and reuse (i.e., duff); (4) soil treatments (i.e., imprinting, decompacting); (5) temporary irrigation installation; (6) erosion -control measures (i.e., rice or willow wattles); (7) seed mix application; and (8) container species, if appropriate. • Schedule. A schedule shall be developed which includes planting to occur in late fall and early winter, between October 1 and January 30. • Maintenance plan/guidelines. The maintenance plan shall include (1) weed control; (2) herbivory control; (3) trash removal; (4) irrigation system maintenance; (5) maintenance training; (6) replacement planting; and (7) biological monitoring during maintenance activities that occur during the breeding season. • Monitoring Plan. The monitoring plan shall include (1) qualitative monitoring (i.e., photographs and general observations); (2) quantitative monitoring (i.e., randomly placed transects); (3) performance criteria as approved by the resource agencies; (4) monthly reports for the first year, and every other month for following years; and (5) annual reports for three to five years, which will be submitted to the resource agencies. The site shall be monitored and maintained for five years to ensure successful establishment of riparian habitat within the restored and created areas; however, if there is successful coverage prior to five years, the Project Applicant may be released from monitoring requirements with the approval of the resource agencies. • Long -Term Preservation. The 3.24 -acre mitigation site will be placed in a conservation easement to ensure long-term preservation of the site shall also be outlined in the conceptual mitigation plan to ensure the mitigation site is riot impacted by future projects. BIO -2: Least Bell's Vireo. • The limits of Project construction shall be clearly delineated with the use of fencing (lathe and rope, orange snow fencing, or stakes and flagging) prior to the initiation of construction. All removal of riparian vegetation shall be conducted during the non -breeding season for this species (i.e., September 16 to March 14). Vegetation removal within the creek shall be monitored by a qualified biological monitor. • If construction (either Phase I or Phase 11) begins during the vireo nesting season, a qualified biologist shall survey all riparian habitat within 500 feet of the construction limits for the presence of least Bell's vireo nests/territories prior to the start of construction. Three surveys shall be conducted within one week prior to the initiation of construction within or adjacent to riparian habitat. Any active nests/territories shall be mapped on an aerial photograph by the Biologist, and the location information shall be given to the USFWS and CDFW. The location of any least Bell's vireo nests/territories shall be marked on applicable construction plans. If no active nests/territories are found, construction may proceed. Surveys shall be updated once per week as long as construction is within 500 feet of riparian habitat. Surveys may be discontinued after if no vireos have been detected after eight weekly visits; if a vireo territory is observed, monitoring surveys shall be continued until vireo leave for the wintering grounds (August/September). A pre - construction least Bell's vireo survey report (including mapping of any active territories) shall be prepared by a qualified Biologist and shall be submitted to the USFWS and CDFW. • Any active territories shall be protected as Environmentally Sensitive Areas (ESAs) until no longer occupied to ensure compliance with the Federal and State Endangered Species Acts and Migratory Bird Treaty Act. To protect any active territory sites, the following restrictions on construction are required between March 15 and September 15 (or until territories are no longer active, as determined by a qualified Biologist): (1) no clearing of habitat shall be allowed within Murrieta Creek and (2) access and surveying shall not be allowed within approximately 100 feet of nests/territories (or as otherwise determined by a qualified Biologist). Any construction activities that would occur within Murrieta Creek during the breeding season shall be monitored by a qualified biologist. • If construction would result in noise readings greater than 60 A -weighted decibels (dBA) at the edge of least Bell's vireo habitat (Murrieta Creek), construction shall not be allowed during the breeding season (March 15 to September 15) unless appropriate noise measures are implemented, as approved by the USFWS and the CDFW. Noise measures may include, but would not be limited to, soundwalls to reduce noise between the construction site and the vireo territory; use of construction equipment with noise -reducing alterations; or delay of noise -intensive construction (e.g., pile driving, demolition) until after the breeding season. Soundwalls shall be installed, as -needed, to maintain a noise level of less than 60 dBA at the edge of riparian habitat. Installation of the noise barriers shall be monitored by a qualified biologist to ensure that riparian habitat is not inadvertently affected. • A noise monitoring methodology shall be used during the breeding season for construction within 500 feet of occupied habitat along Murrieta Creek. Noise monitoring stations shall be monitored weekly between March 15 and September 15 to ensure that noise levels remain less than 60 dBA. If noise monitoring determines that the noise level exceeds 60 dBA, noise barriers shall be modified, as recommended by a qualified Acoustical Technician, to reduce noise levels below 60 dBA. BIO -3: Burrowing Owl. A pre -construction survey for burrowing owl will be conducted 30 days prior to construction in accordance with Section 6.3.2 of the MSHCP. If burrowing owl is present in the impact area during the breeding season (March 1 to August 31), the burrow will be protected until nesting activity has ended. To protect the active burrow, a 500 -foot buffer will be established around the active burrow. Any encroachment into the buffer area around the active burrow will only be allowed if the biologist determines that the proposed activity will not disturb the nest occupants. Construction can proceed when the qualified Biologist has determined that fledglings have left the nest. If burrowing owl is present in the impact area during the non -breeding season (September 1 to February 28), the burrowing owl will be flushed from the burrow and the burrow will be closed using CDF\N- approved burrow -closing procedures. If no burrowing owls are observed, construction may proceed. BIO -4: Wildlife Movement — Night Lighting. Permanent night lighting used to light the bridge shall use best engineering practices to direct lighting away from the MSHCP Conservation Area. Shielding shall be incorporated in Project design to ensure ambient lighting in the MSHCP Conservation Area is not increased. Lighting designs shall be submitted to the City of Temecula Planning Department for review and approval prior to the issuance of a grading permit for Phase II of the Project. BIO -5: Wildlife Movement — Fish Passage. Scour protection (ArmorFlex) shall be installed below or flush with natural grade of the creek bottom in order to allow sediment to bury the scour protection (ArmorFlex) and the creek to return to its pre -Project condition. Final design plans shall be submitted to the City of Temecula for review and approval of scour protection placement prior to the issuance of a grading permit for Phase II of the Project. BIO -6: UrbanlWildland Interface. In order to minimize Urban!Wildlands interface issues, the following Construction Minimization Measures (from Section 7.5.3 of the MSHCP) will be implemented during Project construction to minimize impacts on biological resources during construction: • Plans for water pollution and erosion control will be prepared for all discretionary projects involving the movement of earth in excess of 50 cubic yards. The plans will describe sediment and hazardous materials control; dewatering or diversion structures; fueling and equipment management practices; and use of plant material for erosion control. Plans will be reviewed and approved by the City of Temecula, prior to the initiation of construction. • Timing of construction activities will consider seasonal requirements for breeding birds and migratory non-resident species. Habitat clearing will be avoided during species' active breeding season (defined as March 1 to June 30). • Sediment- and erosion -control measures will be implemented until such time as soils are determined to be successfully stabilized. • Short-term stream diversions will be accomplished by the use of sand bags or other methods that will result in minimal in -stream impacts. Short-term diversions will consider effects on wildlife. • Silt fencing or other sediment -trapping materials will be installed at the downstream end of construction activities to minimize the transport of sediments off site. • Settling ponds where sediment is collected will be cleaned in a manner that prevents sediment from re-entering the stream or damaging/disturbing adjacent areas. Sediment from settling ponds will be removed to a location where sediment cannot re-enter the stream or surrounding drainage area. Care will be exercised during removal of silt fencing to minimize release of debris or sediment into streams. • No erodible materials will be deposited into water courses. Brush, loose soils, or other debris material will not be stockpiled within stream channels or on adjacent banks. • The footprint of disturbance will be minimized to the maximum extent feasible. Access to sites will occur on pre- existing access routes to the greatest extent possible. • Equipment storage, fueling, and staging areas will be sited on non -sensitive upland habitat types with minimal risk of direct discharge into riparian areas or other sensitive habitat types. • The limits of disturbance (including the upstream, downstream, and lateral extents) will be clearly defined and marked in the field. Monitoring personnel will review the limits of disturbance prior to initiation of construction activities. • During construction, the placement of equipment within the stream or on adjacent banks or adjacent upland habitats occupied by Covered Species that are outside of the Project footprint will be avoided. • Exotic species removed during construction will be properly handled to prevent sprouting or regrowth. • Training of construction personnel will be provided. • Ongoing monitoring and reporting will occur for the duration of the construction activity to ensure implementation of best management practices. • When work is conducted during the fire season (as identified by the Riverside County Fire Department) adjacent to coastal sage scrub or chaparral vegetation, appropriate firefighting equipment (e.g., extinguishers, shovels, water tankers) shall be available on the site during all phases of Project construction to help minimize the chance of human - caused wildfires. Shields, protective mats, and/or other fire prevention methods shall be used during grinding, welding, and other spark -inducing activities. Personnel trained in fire hazards, preventative actions, and responses to fires shall advise contractors regarding fire risk from all construction - related activities. • Active construction areas shall be watered regularly to control dust and to minimize impacts to adjacent vegetation. • All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other toxic substances shall occur only in designated areas within the proposed grading limits of the Project site. These designated areas shall be clearly marked and located in such a manner as to contain run-off. • Waste, dirt, rubble, or trash shall not be deposited in the Conservation Area or on native habitat. BIO -7: Prior to the initiation of any construction related activities that result in any ground disturbances and subsequent direct and/or indirect impacts on areas within these agencies; jurisdictions, the City shall obtain all required permits/agreements/certifications from the USACE, the CDFW, the RWQCB, and the Riverside County Water Conservation and Flood Control District. BIO -8: The Project shall be designed using guidelines from Section 6.1.4 of the MSHCP to minimize indirect impacts to Murrieta Creek, including drainage, toxics, lighting, noise, invasive species, barriers, and grading/land development. BIO -9: Vegetation removal shall take place outside of the peak nesting season for raptors (February 1 to June 30) and peak nesting season for birds (March 1 to June 30). If vegetation removal would occur during this time period, a pre -construction survey for active raptor/bird nests would be required. Restrictions may be placed on construction activities in the vicinity of any active nest until the nest is no longer active, as determined by a qualified biologist. Siting and Design Guidelines in Section 7.5.1 shall be considered during the design of the Murrieta Creek Bridge. Specific Process: Mitigation Milestone: Responsible Monitoring Party: BIO -11: Wildlife movement design considerations in Section 7.5.2 of the MSHCP shall be incorporated into the Project as appropriate. BIO -12: Construction Minimization Measures in Section 7.5.3 of the MSHCP shall be followed during construction. BIO -13: Manufactures slopes associated with the Project site development shall not extend into the MSHCP Conservation Area. Place the above Mitigation Measures as Conditions of Approval on the Project to reduce potential biological resource impacts to a less than significant level. Prior to Grading Permit Planning Department and Public Works Department General Impact: Mitigation Measures: Cultural Resources A Cultural Resources Assessment was prepared by Bonterra that recommend that to ensure cultural resources, if identified on the site, are properly treated and preserved, mitigation measures shall be followed. In addition, City staff met with the Pechanga Tribe of Luiseno Mission Indians, who requested specific cultural resource mitigation measure to be in place. CUL -1: Prior to beginning Project construction, the Project Applicant shall retain a Riverside County qualified archaeological monitor to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. CUL -2: At least 30 days prior to beginning Project construction; the Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Temecula and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of professional Native American Tribal monitors during grading, excavation and ground disturbing activities; Project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. CUL -3: Prior to beginning Project construction, the Project Archaeologist shall file a pregrading report with the City of Temecula to document the proposed methodology for grading activity observation which will be determined in consultation with 7 the Pechanga Tribe. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities. CUL -4: If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Agreement with the Pechanga Tribe. CUL -5: The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods, and all archaeological artifacts that are found on the Project area to the appropriate Tribe for proper treatment and disposition. CUL -6: All sacred sites, should they be encountered within the Project area, shall be avoided and preserved as the preferred mitigation, if feasible. CUL -7: If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the Developer, the Project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to Calif. Pub. Res. Code § 21083.2(b), avoidance is the preferred method of preservation for archaeological resources. If the Developer, the Project archaeologist and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Planning Director for decision. The Planning Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director shall be appealable to the Planning Commission and/or City Council. CUL -8: Paleontological monitoring shall be conducted by a qualified paleontologist during excavations beginning at the level of the current creek. The paleontologist shall have the authority to halt or divert construction equipment from the immediate vicinity of the find in order to allow for evaluation and removal (if warranted) of the discovery. Additionally, because nearby fossil localities produced small vertebrate remains that cannot be readily seen during normal monitoring activities, adequate sediment samples shall be collected and processed to determine the potential for small fossils being present in these sediments. If the paleontological resources are found to be significant, the paleontologist shall determine appropriate actions, in cooperation with the Contractor, that ensure proper exploration and/or salvage. The paleontologist shall ensure the proper preparation, identification, treatment, and disposition of recovered fossils in order to ensure specimens are sent to an accredited museum for permanent storage and future retrieval by qualified paleontologist. Specific Process: Place the above Mitigation Measures as Conditions of Approval on the Project to reduce potential cultural resource impacts to a less than significant level. Mitigation Milestone: Agreements and conditions prior to grading activities, monitoring ongoing through grading operations, and final reports upon completion of grading. Responsible Monitoring Party: Planning Department and Public Works Department General Impact: Mitigation Measures: Specific Process: Geology and Soils The Report of Geotechnical Investigation prepared by Kleinelder There may be a potentially significant impact from seismic ground shaking, slope stability, and liquefaction, and although the proposed bridge structure does riot fall within an Alquist-Priolo (AP) Fault Zone, the easterly improvement area consisting of retaining walls, street improvements, etc., may fall within the AP Zone. The following mitigation measures shall be implemented: GEO-1: All recommendations made in the Report of Geotechnical Investigation prepared by Kleinelder for the Project, pertaining to site preparation, ground preparation, excavation, fill placement and compaction, drainage, foundations, approach embankments, retaining wall and all other considerations shall be implemented. Place the above Mitigation Measures as Conditions of Approval on the Project to reduce potential seismic -related ground failure impacts to a less than significant level. Mitigation Milestone: Prior to grading activities. 9 Responsible Monitoring Party: Planning Department, Public Works Department General Impact: Mitigation Measures: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Hydrology and Water Quality The potential impacts related to hydrology and water quality center around construction activities of the Project. To mitigate these impacts, the following measures shall be implemented: HYD -1: A Stormwater Pollution Prevention Plan (SWPPP) shall be prepared by the construction contractor prior to construction. The construction contractor shall be required to implement the approved SWPPP and any amendments thereafter. The SWPPP would include site-specific best management practices (BMPs) along the Project alignment to prevent siltation of surface runoff from soil piles. Such BMPs may include but not be limited to the following: • Erosion control measures such as sandbagging, or other devices shall reduce and/or eliminate as much as possible, particulate runoff off-site into the local storm drain system. • During the winter and spring months, disturbed surfaces shall be covered with erosion control devices in order to reduce potential runoff and/or wind exposure. • Storm drains shall be equipped with silt and oil traps to remove oils, debris and other pollutants. HYD -2: The stormwater system shall be designed to prevent the release of toxins, chemicals, petroleum products, or other elements that might degrade or harm biological resources or ecosystems processes within the MSHCP Conservation Area. Place the above Mitigation Measures as Conditions of Approval on the Project to reduce potential seismic -related ground failure impacts to a less than significant level. Prior to grading and construction activities. Public Works Department General Impact: Noise Noise impacts would be the result of construction activities. Additionally, the City's General Plan limits noise from construction activity, when the construction site is within one-quarter mile of a sensitive receptor. To mitigate construction noise impacts, the following mitigations measures shall be followed: 10 Mitigation Measures: Specific Process: Mitigation Milestone: NOISE -1: All construction equipment shall be properly maintained with operating mufflers and air intake silencers, no less effective than those originally installed by the manufacturer. This measure shall be implemented to the satisfaction of the Director of Community Development. NOISE -2: As required by the City of Temecula Municipal Code (Section 8.32.020), the developer shall require that all construction equipment activities are restricted to occur only between the hours of 6:30 a.m. to 6:30 p.m. weekdays and Saturdays. Construction activities shall not occur on Sundays or Holidays. This measure shall be implemented to the satisfaction of the Director of Community Development. NOISE -3: Noise levels of all construction activities will not exceed 86 dB measured at 50 feet. Place the above Mitigation Measures as Conditions of Approval on the Project to reduce potential noise -related impacts to a less than significant level. Prior to grading and construction activities. Responsible Monitoring Party: Public Works Department 11 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Amer Attar, Acting City Engineer DATE: September 10, 2013 SUBJECT: Professional Services Agreement for Fire Station 73 Living Quarters Upgrade, PW 13-07 PREPARED BY: David McBride, Senior Engineer RECOMMENDATION: 1. Approve an Agreement with Ruhnau Ruhnau Clarke, in the amount of $81,000, for design of Fire Station 73 Living Quarters Upgrade, PW13-07; 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $15,000, which is equal to 18.52% of the agreement amount. BACKGROUND: Fire Station 73, located at 27415 Enterprise Circle West, was constructed in late 1980's and has become one of the busier stations due to the surrounding development. Unlike other fire stations in the City, this two -bay facility with living quarters and functional spaces do not meet the current fire station standards. In addition, the age of the facility makes it a worthy candidate for remodeling. In 2008, the City solicited proposals from qualified architectural firms to provide a design concept and cost estimate for the needed functional improvements and updating of the facility. Ruhnau Ruhnau Clarke (RRC) was chosen and provided a concept which proposed adding 1,300 square feet of new living space and remodeling of the existing space. The concept also proposed a two phased construction approach allowing the station to remain operational, without providing portable space, during the entire construction process. Within this year's CIP budget, funding is available to complete full working drawings for the proposed improvements with construction funding to be considered in future years. Since RRC completed the original conceptual design, Staff requested a proposal from RRC to provide full working drawings. RRC provided a cost proposal of $81,000 which is quite reasonable considering the scope of work. As part of their contract we are requesting a contingency of $15,000 or 18.52% to address unforeseen items and for possible revisions to the original conceptual design since the original concept was developed in 2008. The design work is estimated to take nine to twelve months to complete. FISCAL IMPACT: Fire Station 73 Living Quarters Upgrade is identified on the City's Capital Improvement Program, Fiscal Years 2014-18, and funded with Development Impact Fee (Fire) Funds. Sufficient funding for the recommended action is available within Fire Station 73 Living Quarters Upgrade Account No. 210.165.757. ATTACHMENTS: 1. Agreement 2. Location Map 3. Project Description AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND RUHNAU RUHNAU CLARKE FIRE STATION 73 RENOVATION PW13-07 THIS AGREEMENT is made and effective as of September 10, 2013, between the City of Temecula , a municipal corporation hereinafter referred to as "City"), and Ruhnau Ruhnau Clarke, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on September 10, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 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 time 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. Prevailing wages are required on all City Agreements involving Construction, Design, and Preconstruction Phases of Construction (including, but not limited to, Inspection and Land Surveying Work), and Maintenance (except for Janitorial or Security Guards) for work on City property. 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 Eighty One Thousand Dollars ($81,000) 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 $15,000, which equals to 18.52% 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. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant. 9. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND a. Indemnity for Design Professional Services. In the connection with its design professional services, Consultant shall hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials (collectively, "Indemnitees"), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub - consultants, or agents in the performance of its professional services under this Agreement. b. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Paragraph 9.a. above, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section 9.b. shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees." 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 ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall riot 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, 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/or 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: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 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 mariner. 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 and Delivery Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Ruhnau Ruhnau Clarke Attn: Roger Clarke 3775 Tenth Street Riverside, CA 92501 15. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 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 Ag ree me nt. 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 RUHNAU RUHNAU CLARKE (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 ATTEST: By: By: David Ruhnau, CEO & Chairman SUSAN W. JONES, MMC, CITY Roger Clarke, President CLERK APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Ruhnau Ruhnau Clarke 3775 Tenth Street Riverside, CA 92501 (951) 684-4664 (951) 684-6276 rclarke@rrcarch.com PM Initials: D Q Date: v EXHIBIT A TASKS TO BE PERFORMED THE SPECIFIC ELEMENTS (SCOPE OF WORK) OF THIS SERVICE INCLUDE: PAYMENT RATES AND SCHEDULE RUHNAU August 22, 2013 Mr. David McBride Senior Engineer City of Temecula 41000 Main Street Temecula, CA 92590 Re: Architectural / Engineering Services for Fire Station #73 Dear Mr. McBride: CLARKE It was a pleasure to hear from you again and see that this project still has the possibility of moving forward. Forgive me for taking a little over a week to prepare this proposal letter for you. I needed to check with our engineers as to their fees and costs for the work involved. We are pleased to present this proposal for Architectural and Engineering services related to the expansion of Station #73. Our proposal is based on the general scope of work as identified on the conceptual plans prepared by our office in 2008, as a basis of determining the fees. We understand that, per our conversation, as staff has changed that the final design may be revised based on input from the fire department. Dramatic changes such as the addition of an additional apparatus bay would change the fee. Minor changes to the plan as long as the general size is the same would not. As we understand the scope of the project, we would work with the City and the fire department to provide a final schematic design and phasing plan for the project as a part of a final design for the project. Once this design is accepted and approved by the City we would then proceed with creating contract documents to be submitted to the governing agencies for approval. Per our conversation, as the project does not yet have construction funding we have not included fees related to bidding or construction administration support. Based on the scope of the project as described herein and identified on the 2008 concept plans we would propose to complete this portion of the work for a not to exceed fee of $81,000. This would include services for the Architectural, Structural, Mechanical and Electrical Engineering as well as the services related to landscape Architecture to address items disturbed by the expansion and the proposed courtyard/ barbecue area. We are excited for the opportunity to work with you on this project and hope that we can move forward. Please contact me directly if you have any questions or to identify the next steps. At your convenience we are available to meet with you to discuss the project accordingly. Again, thank you and we look forward to moving forward. I have assumed that the City has a standard contract or we can provide a formal contract for your review if required. Roger Clarke, AIA, NCARB President, Principal cc: Lynn Parkes, RRC SCHEMATIC DESIGN COMPLETED FLOOR PLAN DOR (PHASE 1) ORM (PHASE 1) DORM (PHASE 1) DORM (PHASE 1) 0 ST (PH 2) DOR (PHASE 2) DORM (PHASE 2) DOR (PHASE 2) ORM (PHASE 1) MENS (PHASE 1 EQUIP. (E) APPARATUS WORK BAYS (E) BENCH (E) WOMEN (PHASE 2) DINING (E) WATC (E) OFFICE (E) OFFICE (E) DAYROOM (E) 410=11 elm • 1 Temecula Fire Station No. 73 APRIL, 2008 OUTDOOR STORAGE (PHASE 1) PATIO (E) FLOOR PLAN north 0 5' 10' 20' Ruhnau Ruhnau Clarke SCHEMATIC DESIGN PHASE "1" EQUIP. (E) T LOCKERS (E) r F--+ DOR (PHASE 1) 1 ST DORM (PHASE 1) DORM (PHASE 1) DORM (PHASE 1) ST (E) ST (E) APPARATUS WORK BAYS (E) BENCH (E) C> ruennom ■ fin r4.,, 0 DORMITORY/ TRAINING (E) L t LOCKER ROOM (E) WOMEN (E) 0 OFFICE (E) c > 2 '1' T MENS (E) CO O ti.. WATC (E) ENTRY (E) shot 0 na 0 KITCHEN (E) OFFICE (E) DINING (E) DAYROOM (E) DORM (PHASE 1) MENS (PHASE 1L �tht t.i4 k Temecula Fire Station No. 73 APRIL, 2008 PATIO (E) FLOOR PLAN Expansion north 0 5' 10' 20' Ruhnau Ruhnau Clarke SCHEMATIC DESIGN PHASE "2" 1 EQUIP. (E) T'-1 L 12 MIN MI MB MI ■ LOCKERS = (E) 111 MB IN MI ST (E) DOR (PHASE 1) ST (E) ST (PH 2) DORM' (PHASE 2) APPARATUS WORK BAYS (E) BENCH (E) 1 ST. (PH. 2 ORM (PHASE 1) J DORM J DORM (PHASE 1) (PHASE 1) 00 1 )DORM (PHASE 2) DOR (PHASE 2) 0 0 WASH/ STORAGE (PHASE 2) MENS (PHASE 1 KITCHEN (E) d OFFICE (E) WATC (E) ENTRY (E) WOMEN (PHASE 2 O DINING (E) OFFICE (E) DAYROOM (E) OUTDOOR STORAGE (PHASE 1) Temecula Fire Station No. 73 APRIL, 2008 PATIO (E) FLOOR PLAN Remodel Existing north 0 5' 10' 20' Ruhnau Ruhnau Clarke ENTERPRISE CIRCLE WEST EXISTING FIRE STATION • EXISTING APPARATUS BAYS SHIFTED PARKING SPACES NEW DORM ADDITION MODIFIED CURB & LANDSCAPING _..� SITE PLAN north 0 20' 40' 80' Temecula Fire Station No. 73 APRIL, 2008 SCHEMATIC DESIGN Ruhnau Ruhnau Clarke r OPTION 1 #73 SIGNAGE FIN WALL NEW PAINT COLOR AT EXISTING WALL AND PATIO COVER 2 TONE COLOR SCHEME AT NEW DORM ADDITION NEW STANDING SEAM METAL ROOF OVERHANG NEW STANDING SEAM METAL ROOF OVERHANG NEW PAINT COLOR AT EXISTING WALL AND PATIO COVER NORTH ELEVATION 1 1 1 SLOPED PARAPET 3 SHADE "EYEBROWS" ■_■ ■_■ ■_■ ■_■ ■_■ ®®® Temecula Fire Station No. 73 APRIL, 2008 SCHEMATIC DESIGN 2 TONE COLOR SCHEME AT NEW DORM ADDITION WEST ELEVATION SOUTH ELEVATION 0 5' 10' 20' Huhnau Ruhuau Clarke OPTION 1 111 RENDERED PERSPECTIVES Temecula Fire Station No. 73 APRIL, 2008 SCHEMATIC DESIGN Ruhnau Ruhnau Clarke OPTION 2 1 EXISTING FIRE STATION EXISTING APPARATUS BAYS SHIFTED PARKING SPACES NEW DORM ADDITION .1=1= 1 MODIFIED CURB & LANDSCAPING obi Pow SITE PLAN 0 20' 40' north 80' Temecula Fire Station No. 73 APRIL, 2008 SCHEMATIC DESIGN Ruhnau Ruhnau Clarke OPTION 2 NEW STANDING SEAM METAL ROOF OVERHANG NEW PAINT COLOR AT EXISTING WALL AND PATIO COVER #73 SIGNAGE FIN WALL NEW PAINT COLOR AT EXISTING WALL AND PATIO COVER NEW STANDING SEAM METAL ROOF OVERHANG NORTH ELEVATION 2 TONE COLOR SCHEME AT NEW DORM ADDITION 2 TONE COLOR SCHEME AT NEW DORM ADDITION FLAT PARAPET a-. 1 3 SHADE "EYEBROWS" 0 MIME ■M■ NENE ■_■ ■M■ MEM 11 ■_■ ■_■ ■-■ k WEST ELEVATION Temecula Fire Station No. 73 APRIL, 2008 SCHEMATIC DESIGN SOUTH ELEVATION 0 5' 10' 20' Huhnau Ruhuau Clarke OPTION 2 Temecula Fire Station No. 73 APRIL, 2008 SCHEMATIC DESIGN RENDERED PERSPECTIVES Ruhnau Ruhnau Clarke OPTION 3 ENTERPRISE CIRCLE WEST 1 EXISTING FIRE STATION EXISTING APPARATUS BAYS SHIFTED PARKING SPACES NEW DORM ADDITION le& to MODIFIED — CURB & LANDSCAPING Pow SITE PLAN 0 20' 40' north 80' Temecula Fire Station No. 73 APRIL, 2008 SCHEMATIC DESIGN Ruhnau Ruhnau Clarke OPTION 3 NEW STANDING SEAM METAL ROOF OVERHANG #73 SIGNAGE FIN WALL NEW PAINT COLOR AT EXISTING WALL AND PATIO COVER 1 TONE COLOR SCHEME AT NEW DORM ADDITION NEW STANDING SEAM METAL ROOF OVERHANG COV ©IF 0131111IE AMU 73 NEW PAINT COLOR AT EXISTING WALL AND PATIO COVER NORTH ELEVATION FLAT PARAPET ■ u 2 SHADE "EYEBROWS" 111101. 11 MI ■_■ ■_■ MIME 1 TONE COLOR SCHEME AT NEW DORM ADDITION WEST ELEVATION Temecula Fire Station No. 73 APRIL, 2008 SCHEMATIC DESIGN SOUTH ELEVATION 0 5' 10' 20' Huhnau Ruhuau Clarke OPTION 3 - • • IWO( •••• 1.1 151 .74 _1::imms. C2) - - , vir4 Zig ' 0 - Temecula Fire Station No. 73 APRIL, 2008 SCHEMATIC DESIGN RENDERED PERSPECTIVES Ruhnau Ruhnau Clarke OPTION 4 ENTERPRISE CIRCLE WEST EXISTING FIRE STATION EXISTING APPARATUS BAYS SHIFTED PARKING SPACES NEW DORM ADDITION MODIFIED CURB & LANDSCAPING _..� SITE PLAN north 0 20' 40' 80' Temecula Fire Station No. 73 APRIL, 2008 SCHEMATIC DESIGN Ruhnau Ruhnau Clarke OPTION 4 EXISTING TILE ROOF OVERHANG TO REMAIN r COUTEIT IODIE WM SWIM - EXISTING PAINT COLOR TO REMAIN AT WALL AND PATIO COVER EXISTING PAINT COLOR TO REMAIN AT WALL AND PATIO COVER EXISTING TILE ROOF OVERHANG TO REMAIN I11 NORTH ELEVATION 1 TONE COLOR SCHEME AT NEW DORM ADDITION TO MATCH EXISTING 1 TONE COLOR - SCHEME AT NEW DORM ADDITION TO MATCH EXISTING WEST ELEVATION 2 SHADE "EYEBROWS" rLAI VAKArt1 1 \ o a o\o ■ ■ mmi. •EEE •m is Elm1 Temecula Fire Station No. 73 APRIL, 2008 SCHEMATIC DESIGN SOUTH ELEVATION 0 5' 10' 20' Ruhnau Ruhnau Clarke OPTION 4 _191 Temecula Fire Station No. 73 APRIL, 2008 SCHEMATIC DESIGN RENDERED PERSPECTIVES Ruhnau Ruhnau Clarke FIRE STATION 73 LIVING QUARTERS UPGRADE Infrastructure / Other Project Location Aerial Data - March 2010 Feet 0 100 200 400 A 92 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 FIRE STATION 73 LIVING QUARTERS UPGRADE Infrastructure / Other Project Project Description: This project increases living, sleeping, and bathroom space to properly accommodate the number of staff working and living at the facility. This project will be phased as to not interrupt functionality of the current station. Benefit / Core Value: This project provides a health and safety benefit for the large number of personnel assigned to Fire Station 73. In addition, this project satisfies the City's Core Value of A Safe and Prepared Community. Project Status: The design for this project will start in fiscal year 2013-14. This project is estimated to be completed by the end of fiscal year 2015-16. Department: Fire—Account No. 210.165.757 Level: I Project Cost: Prior Years Actual Experriihres Fscal Year Ended 2013 2013-14 Carryover Adopted 2014-15 Budget Apprntxiaticn Projected 2015-16 Projected 1 2016-17 2017-18 Total Prcject Prgected Projected Cast Arlrni nist rati on $ 30,000 $ 190,000 $ 220,000 Construction $1,200,000 $ 1,200,000 Construction $ - $ - $ 150,000 $ - $1,480,000 $ - $ - $ 1,630,000 Engneering $ 50,000 $ 50,000 Design $ 120,000 $ 30,000 $ 150,000 Fixtures/Fum/Equip $ 10,000 $ 10,000 Totals $ - $ - $ 150,000 $ - $1,480,000 $ - $ - $ 1,630,000 Fscal Year Source of Funds Prior Years Ended 2013 2013-14 Actual Carryover Adopted 2014-15 Budget Appropriation Projected 2015-16 Projected 2016-17 2017-18 Total Project Projected Projected Cast DI F (Fire] $ 150,000 $ 150,000 Unspeciiiecr $1,480,000 $ 1,480,000 Total Finding: $ - $ - $ 150,000 $ - $1,480,000 $ - $ - $ 1,630,000 Future Operation & Maintenance Costs: 2013-14 2014-15 'Project cannot be constructed until a fiancing source is identified. 93 2015-16 2016-17 $ 1,000 2017-18 $ 1,020 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 10 ACTION MINUTES of August 27, 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 • Paul Jacobs CSD CONSENT CALENDAR The following individual addressed the Directors regarding Consent Calendar Item No. 14. • Daisy Tate 13 Action Minutes — Approved Staff Recommendation (5-0-0) Director Naggar made the motion; it was seconded by Director Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Approve the action minutes of August 13, 2013. 14 Sponsorship Agreement for the Salute to Heroes Friends & Family Fair (at the request of Military Ad Hoc Subcommittee Members Jeff Comerchero and Chuck Washington) — Approved Staff Recommendation (5-0-0) Director Naggar made the motion; it was seconded by Director Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Approve the Sponsorship Agreement with Transitions 2 Success, in the amount of $12,712, for the Salute to Heroes Friends & Family Fair to be held on September 14, 2013 in the Town Square, Civic Quad, and Conference Center. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes 082713 1 CSD ADJOURNMENT At 8:10 P.M., the Community Services District was formally adjourned to Tuesday, September 10, 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 082713 2 Item No. 11 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: September 10, 2013 SUBJECT: Agreement for 2013 Holiday Season Outdoor Ice Skating Rink PREPARED BY: Dawn Adamiak, Recreation Supervisor RECOMMENDATION: Approve an Agreement with Seaside Ice, LLC dba Ice -America, in the amount of $40,000, for the 2013 holiday season outdoor ice skating rink. BACKGROUND: For the past four years, the seasonal outdoor ice skating rink proved to be a wonderful enhancement to the Old Town Temecula Winterfest experience. Last year, Ice -America was awarded the RFP and had a wonderful first year in Temecula. There was a significant increase in foot traffic with many visitors experiencing Winterfest in Old Town for the first time and over 13,000 skaters enjoying the outdoor ice rink. The 2013 holiday -season outdoor ice rink is planned to be operational from Thursday, December 12, 2012 through January 5, 2014 seven days a week, including holidays. The rink size will be the same size as the previous year's rink which is 50'X70' and can accommodate approximately 125 skaters at once. As a result of safety discussions with both Administration and Public Works, this event will require a road closure at the "Y" on Main Street and Mercedes in front of the Civic Center for about one month's time. Traffic will be routed along Fourth and Third Streets, with access still available to the free parking structure. Proposed hours of operation shall be established between 10:OOam and 10:OOpm Sunday through Thursday with extended hours until 11:30pm on Friday and Saturday nights for adults only. The adult's only skating sessions will have limited music as to not disturb the residents. A special schedule is proposed for New Year's Eve with operating hours from 10:OOam to 1:OOam on January 1, 2014. Complementing the City's New Year's Eve Grape Drop event, the seasonal ice rink will also include an evening filled with fun activities for children and families starting at 6:OOpm. The scope of work shall consist of complete turnkey operations; which will include equipment, installation/removal and staffing/operation of the ice skating rink and necessary devices, as a holiday -season event for the City of Temecula. The City will obtain local vendors to provide hot chocolate, kettle corn and other concessions at the City's discretion. FISCAL IMPACT: Contract cost in the amount of $40,000 is appropriately budgeted in the current Fiscal Year 2013-14 Community Services Department General Fund budget. ATTACHMENTS: Agreement AGREEMENT FOR CONTRACTOR SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AN D ICE -AMERICA OLD TOWN TEMECULA OUTDOOR ICE SKATING RINK THIS AGREEMENT is made and effective as of September 10, 2013, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Seaside Ice, LLC dba: Ice -America (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on September 10, 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. The City may, upon mutual agreement, extend the contract for one (1) additional one (1) year term. In no event shall the contract be extended beyond June 30, 2015 If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area using April year over year change by the United States Bureau of Labor Statistics (CPI). 2. SERVICES Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his or her ability, experiences, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty Thousand Dollars and No Cents ($40,000.00) annually unless additional payment is approved as provided in this Agreement. 1 b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor will submit invoices three (3) weeks prior to each scheduled payment date as shown in the payment schedule as set forth in Exhibit B, Payment Rates and Schedule. Payment shall be made according to terms set forth in Exhibit B, Payment Rates and Schedule. If the City disputes any of the Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 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 portions hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of 2 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. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while 3 performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectilocation or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall riot exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 4 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. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the General Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court 5 order shall riot be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under 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 riot limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 To Contractor: Seaside Ice, LLC, dba Ice -America Attn: Scott Williams 807 Sprucelake Drive Harbor City, CA 90710 14. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 15. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 6 16. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into 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 Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA SEASIDE ICE, LLC dba ICE -AMERICA (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 Scott Williams, Managing Member ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Tom Kearney, Managing Member Seaside Ice, LLC dba Ice -America Scott Williams 807 Sprucelake Drive Harbor City, CA 90710 (323) 776-9423 swilliams@ice-america.com 8 PM Initials: D Q Date: // EXHIBIT A TASKS TO BE PERFORMED/ SCOPE OF WORK 1. General Requirements: To provide for the turnkey equipment delivery/ installation/ removal with turnkey management and operation of an ice-skating rink, as a holiday - season special event for the City of Temecula. To be open to the general public for recreational ice-skating and figure skating exhibitions from December 13, 2013 through January 5, 2014. 2. Equipment: All lighting, sound reinforcement, staging, video or special effects equipment to be provided by Contractor is set forth this exhibit. 3. Personnel: The installation and removal phase of the rink will be led by Tom Kearney and Scott Williams of Ice -America along with All Access Supervisor Kevin Brown. 4. The On -Site Manager who will coordinate all of the management and the day-to-day operation will be determined at a later date. 5. Subcontractors: All Access Staging & Productions providing design and build of substructure, refrigeration system provided by Aggreko 6. Schedule: a. Installation Window: December 3 through December 10 b. Open to the Public: December 13, 2013 through January 5, 2014. c. Removal Window: January 6 through January 13, 2014 7. Hours of Operation (subject to change upon mutual consent of City and Contractor) a. Days of Week: Monday through Sunday including holidays b. Hours of Operation shall be established between 10:OOam and 10:OOpm Sunday through Thursday, 10:OOam-11:30pm Friday and Saturday c. Special Hours for New Year's Eve: 10:OOam on December 31, 2013 until 1:OOam on January 1, 2014. d. December 12, 2013 City of Temecula hosting a Family Ice Skating Preview from 6:OOpm-8:OOpm and a Teen Ice Skating Preview from 8:30pm-10:30pm and on December 23, 2013 is hosting a Special Needs Skating Session from 8:30am- 9:45am. A discounted rate of $10/ person for all registered participants through the City of Temecula. Revenue will be collected by City and then distributed to Contractor within two weeks following event. 9 8. Contractor shall provide the following: a. Design and build of substructure for ice rink b. Air-cooled refrigeration system/ pumps/ hoses/ expansion tank and 24 hour on- call service c. Generator for refrigeration system and fuel for generator d. Insulation and vapor barriers (including insulation to level the site) e. Modular railing system with clear Plexiglas facing towards rink with room to display signage upon approval from City of Temecula f. Ice rink maintenance equipment, including a Sport Ice USA 224 electric resurfacer used multiple times daily and as needed g. Ice rink freezer system (approx.. 50 X 70) using the Ice -World aluminum tubing system, header and equipment h. Rental ice skates, high quality Roxa brand, approximately 200 pairs of various sizes, sharpened, ready -to -skate, with sharpener and services on site as needed during the run of rink i. Skate change area with benches and rubber floor covering approximately 1,000 square feet j. Skate trailer unit and tent for ticket sales, storing and distribution of skates and office. k. Cash register equipment including POS system with capability to handle cash, credit card and online sales I. All tools, equipment and supplies for set-up, strike and maintenance. All Professional Supervision and General Labor for set-up and strike. m. Refrigeration Technician on-call 24 hours during entire term n. General set-up and finish -out meta -frame covering over rink wall header, including Ice -World modular header covers. Clear Plexiglas sides with smooth inside finish or rink perimeter. Turf/carpet to finish rink perimeter/ edge with black skirting covering substructure. o. Sound/ public address announcements and playback of holiday music, to include customized "Rink Station" radio by Ice -America. Rink Manager during entire term; trained and experienced in liability protection Two (2) ADA Compliant Portable Restrooms available during entire term P. q. 10 r. All equipment and amenities installed and ready for test of equipment and facilities, twenty-four (24) hours in advance of grand opening of December 13, 2013. s. Operation of public skate sessions. Hours of operation to be at Contractor's discretion. Proposed times 10:OOam until 10:OOpm approximately. t. Professionally designed and installed liability signage and written waiver release forms for every participant u. Professional Support Services including Consultation for Event Planning and execution by experienced event planning team. 9. Contractor shall provide professional, on-site management (experienced in customer service, liability -prevention and public safety); staffing to include cashier(s), ticket sales, skate rental attendant(s), safety monitor(s) and maintenance personnel to be on-site during entire term of the event, including but not limited to: a. Professional Ice -America uniforms including black pants, blue Ice -America shirts and blue Ice -America jackets b. Public safety announcements are made regularly and holiday music part of "Rink Station" radio experience c. Industry -specific POS system with trained staff d. Ice -America staff member to handle coordination of group sales and special events e. All revenues associated with the ice rink will be retained by Ice -America and its vendors 11 EXHIBIT B PAYMENT RATES AND SCHEDULE Payment Rate Ice -America will provide an outdoor ice rink for the holiday -season beginning December 12, 2013 for preview night through January 5, 2014 for an amount of $40,000.00. Final payment will be provided upon inspection of area after strike and clean-up. Payment Schedule November 5, 2013 $19,420.00 December 13, 2013 $10,290.00 January 17, 2014 $10,290.00 TOTAL $40,000.00 12 COUNCIL BUSINESS Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk DATE: September 10, 2013 SUBJECT: Planning Commission Appointments PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: Appoint two applicants to serve full three-year terms on the Planning Commission through June 15, 2016. BACKGROUND: The terms of Commissioners Stan Harter and John Telesio expired on June 15, 2013. The City Clerk's office has followed the Council's established procedure for filling Commission vacancies by advertising the opening in the local newspaper. Notices were also posted at various locations within the City and on the City's Web page. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Naggar and Mayor Pro Tem Edwards for review and recommendation. Both Mayor Naggar and Mayor Pro Tem Edwards have recommended the re -appointment of Stan Harter and John Telesio to serve full three-year terms through June 15, 2016. All applicants are registered voters and live within the city limits of the City of Temecula. Attached are copies of the applications that were received by the filing deadline of June 3, 2013. FISCAL IMPACT: None ATTACHMENTS: Six Applications for Appointment City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of • Temecula. Please Check One: X Planning Number of years as a City of Temecula Resident ':ewe° 132013 yGLE Community Services Public Traffic Safety Are you a City Registered Voter? NAME: Stanley A. Harter OCCUPATION: Attorney ADDRESS: 11111111111111111110111.1111111111111.11111111.111 DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: 1111111.11111111.111110 EMPLOYER ADDRESS: E-MAIL RK.a DEP'-, Educational Background/Degrees: BS Brigham Young University, Provo, UT (1983) J.D(cum laude),California Western School of Law(1986);LL.M.Taxation, University of San Diego (1987) List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Temecula Planning Commission since 2005 List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Please see attachment. State why you wish to serve on this Please be specific.(You may attach and/or references are encouraged.) legal and real property Planning Commission can to benefit the City and commission, and why you believe you are qualified for the position. a separate sheet of paper if necessary. Letters of recommendation I believe my training and experience in matters and my experience on the Temecula add to the expertise of other commission members residents of Temecula. I understand that any or all information on this form may be verified. I consent to the release of this informatioryfor public i ormation purpos: 4/ Signature: Date: 05-09-13 l Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Commission Appointment Application (Attachment) Stanley A. Harter 05-09-13 List any organizations to which you belong) professional, technical, volunteer groups, non- profit organizations, Service clubs, etc.) Current Affiliations Member, State Bar of California Member, Riverside County Bar Association Planning Commissioner, City of Temecula since 2005 President, Economic Development Council of Southwest Riverside County (2011 -present) Former Affiliations Former Director, San Bernardino County Bar Association Former President and Director, Estate Planning Council of San Bernardino County. Former Director, Estate Planning Council Of Riverside County Former Advisory Board Member and Instructor, UCR Extension Legal Assistantship program Former Director, Boys and Girls Club of Southwest California Former Chairman, Temecula Valley Chamber of Commerce City of Temecula g "kw 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 05-31-13P03:15 RCVD Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Please Check One: X. Planning Number of years as a City of Temecula Resident NAME: >L71" ADDRESS: DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: EMPLOYER ADDRESS: Community Services Public Traffic Safety Are you a City Registered Voter? e S OCCUPATION: K oeI 1eni E-MAIL______________________-,,� ' Educational Background/Degrees: f &v- to/0 7c., c 30) 7 3S 1 i' (vers(17 OE- r --el S" List any City or County Board, Committee or Commission on which you have served and the year(s) of service: e `Yn /1.2� �?,!/. -7. GAP -,`3 • /�2�GC b/ e Ai-yefie C 4z174 r *ems List any organizations to which you belong (professional, technical, volunteer groups, non-profit ` organizations, service clubs, etc.): A/C(fat'i rein-eCt 7 -%°‘1 -es / c r x rYj rim er , U cs4) d (640-)i,/' l�7rC �Ur�/t State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) a la,ci I understand that any or all information on this form may be verified. I consent to the release of this information for public informatior}purposes. /Ail j e� Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE I wish to serve on this commission because I am a long-term citizen of Temecula. I want to preserve the history and beauty of Temecula, and promote health, safety, morals, and the general welfare of the community. I am qualified because not only have I lived here since 1989, I have served on many committees, including: elected member of the Republican Central Committee of Riverside County, Board Member of the Murrieta and Temecula Republican Assembly, as well as, having run twice for office in the City of Temecula. I was the founder of Temecula Limited Government and authored the initiative Term Limits for Temecula City Council. I have a bachelor's degree in Biology from the University of California, San Diego and I have a bachelor's of nursing from the University of Texas. Thank You for your Consideration, Patrice Lynes City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application For proper consideration, you must currently be a resident of the MA City of Temecula and a Registered Voter within the City Limits otil, City of Temecula Please Check One: V Planning Community Services Public Traffic Safety Number of years as a City of Temecula Resident Are you a City Registered Voter? NAME: 3-t t\>' M c t1( N OCCUPATION: N A l c,Tl,,b) ADDRESS: 11111111111111111111111111111 CG c_(.. Ct'SST) arninew DAYTIME PHONE: 11.1111111111111111 EVENING -PHONE: EMPLOYER NAME: p'J Pt EMPLOYER ADDRESS: E-MAIL Educational Background/Degrees: List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature:( e4Z7 Date: Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Application for Planning Commission Number of years as a City of Temecula Resident: One year Are you a City Registered Voter: Yes Name: Jane Rosso McMackin Occupation. Address: Daytime (Home) Phone: Evening (Cell) Phone: Employer Name: NA Educational Background/Degrees: BA in Business, Metropolitan State University, St. Paul, MN Certificate, Graphic Arts, St. Paul Technical College, St. Paul, MN List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Participating member of Theatre Arts West, Temecula, CA — six months Council Member, Isle of Palms City Council, Isle of Palms, SC (2004 -2008) — four years Board Member, Redux Contemporary Art Center, Charleston, SC (2003) — one year Treasurer, Print Studio South, Charleston, SC (2001 — 2003) — two years Neighborhood Committee member for revitalizing Snelling Ave., St. Paul, MN (1990's) — one year President, Minnesota Association of Government Communicators (1990's) — two years List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): The San Diego Zoo, San Diego, California Theatre Arts West, Temecula Valley, California State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) I can't think of anything more satisfying than planning for the development of a city and watching it come to fruition. When my husband and I moved to Southern California (to follow family), we looked for a place to live that would feel like home to us. As soon as we visited Temecula, we knew this was the place. The feel of the city is the feel of a small town. And yet it is packed with amenities. I believe this has come about through excellent planning. I would like to be a part of that process on-going. I have served on several boards and commissions, and most importantly, I served on city council in the city I where I lived in South Carolina. That city was a tourist draw, as is Temecula. My goal on city council was to balance the tourism activity with the residential quality of the town. While tourism helped to make our economy healthy, I felt it was also important to maintain the residential base. I initiated ordinances there to help maintain that balance. It appears to me that Temecula faces some of the same issues (I hear a lot about traffic), and I have some experience to bring to the table. I also see some exciting opportunities that I would love to be involved with, and feel I could bring good ideas to, such as the possible re -development of Jefferson Avenue. Attached are letters of reference. The letter from Linda Tucker, City Administrator at Isle of Palms, may enlighten you as to my service on council there. Thank you for this opportunity to apply to the City of Temecula Planning Commission. Linda Loworn Tucker May 27, 2013 City of Temecula City Clerk's Office 41000 Main Street Temecula, CA 92590 Dear Decision -makers with the City of Temecula: It is with a great deal of pleasure that I offer this letter of recommendation for Jane McMackin. I first met Jane in the early 2000's when she volunteered to assist with the City of Isle of Palms 50th Anniversary celebration. She was a virtual stranger to me at that time since she and George had only recently moved to the Isle of Palms. The 50th Anniversary was a project a year in the planning and expected to draw a large crowd to the City on event days. Jane worked all year long and hours and hours during the celebration itself. I have had a lot of experience with volunteer efforts over my almost forty years in local government and I have learned that volunteers tend to fall into two categories: those with ideas, BUT an expectation for others to execute those ideas and then, the rare ones, those with ideas and the willingness to put in the work to bring those ideas into reality. Jane McMackin falls into the latter category. Not only does she have good ideas, but she is also willing to "go to the mat" to bring those ideas, and those ideas of others, to fruition. As Jane's involvement with the City grew, she ultimately ran successfully for City Council and became one of my bosses. She took her place within the policy -setting body and used her intelligence and wit to gain their respect as a new member. Her single greatest attribute in that regard is her willingness to do the research to get the answers and the historical knowledge necessary to aid in developing policy decisions. Jane is a person with vision. She reaches out to staff resources, in partnership, to gain the necessary knowledge to determine what will or will not work to achieve that vision. She listens carefully to others and accepts the will of the majority gracefully. While on City Council, she started an initiative and worked with fellow council members to develop a rental property ordinance which recognized the value of tourism to the island community, but established regulations to preserve peace and quality of life for the full-time residents in the neighborhoods. This effort was not without opposition and endured intense debate by factions on both sides, but has now been in place many years and working successfully. Further while on Council, she became active with the Municipal Association of South Carolina further expanding her network of resources. She also participated in Charleston County's Citizens' Academy to gain knowledge at the county level. She took some of that information and translated it to application with the City's Recommendation for Jane McMackin May 27, 2013 Page Two personnel. In this regard, her advocacy of the City's people infrastructure was always greatly appreciated by me and my colleagues. I could write a REALLY long letter of recommendation for Jane and could go on and on about her energy, artistic talent, brilliance, her kindness, great sense of humor, love of family, generosity to animals and caring heart. I expect, though, the letter would be too long to read and likely lose its effectiveness due to length. Jane and her husband George transcended to our friends. Jane is that way. The relationships that she develops are forever and, even in her absence, I know that she still wants the best for Isle of Palms and the best for me and my family. As a member of your Planning Commission or as any participant in the Temecula's volunteer groups, Jane McMackin would serve as a valuable asset. Please feel free to contact me via I ou wou i e urt er information. I ours, / Linda Lovvor Tucker May 27, 2013 Rahul R Kumar and Nicole Kumar City of Temecula City Clerk's Office 41000 Main Street Temecula, CA 92590 Dear City of Temecula: My wife and I have had the pleasure of being neighbors with Jane McMackin for almost 12 months. Our families have both moved here from the Orange County area. Ms. McMackin has shown great interest in the City of Temecula and my wife and I and our neighbors utilize her experience, judgment and knowledge when inquiring about current events in the City. Jane's background as a City Councilmember in Isle of Palms, South Carolina as well as her ability to listen and distill complicated facts to understandable levels have made her an exemplary neighbor and very well suited for a Planning Commission post. My wife and I both share a common interest in the betterment of our City. We are raising our young child in the City and see how committed Jane is. In her short time here, Jane has already become a member of Theatre Arts West and has attended a number of Commission meetings. For example, she provided us all of the information on the Mercedes of Temecula project. I know I am not alone in saying that appointing Jane McMackin to the Planning Commission would be in the best interests of the City of Temecula. If you have any questions, please do not hesitate to call m11111111110111111111.111111111111111.1.1111 Sincerely, Rahul R Kumar Vice President — Veolia Transportation May 27th, 2013 City Clerk's Office 41000 Main Street Temecula, CA 92590 To Whom It May Concern: In the six months that I have known Jane McMackin, I have discovered a rare and talented woman whose passion for the city of Temecula - along with her impressive experience in those positions crucial to decision-making regarding Temecula's future - make her a perfect candidate for a position on the Planning Commission. Theatre Arts West launched in January with the vision of growing Temecula as an arts destination. Jane introduced herself to me immediately after our first production and volunteered to become involved in any way she could to ensure the realization of TAW's objectives. A crucial quality essential for anyone desiring to be responsible for the development of organizations, cities, counties or countries is the ability to be successful as both a decision-making leader and someone who will perform the basic tasks needed in order to bring goals to fruition. Jane is such a person, and I enthusiastically endorse her for a position on Temecula's Planning Commission. Please feel free to contact me with any questions. Best regards^ ,, Gailee Walker Wells Producing Artistic Director Theatre Arts West City of Temecula 41000 Main Street Temecula, CA 92590 www.crtyofteme-cula.org (951) 694-6444 RECEIVED JUN — 3 2013 Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Please Check One: Number of years as a City of Temecula Resident 2/.51Are you a City Registered Voter? '-----Ck‘ 5. Planning Community Services Public Traffic Safety DEPT. NAME: ( 1�� !(1, I ') ., r ISo\ OCCUPATION:/7a` ke 05;/leSS ;5�, `tS / ADDRESS: , DAYTIME PHONE: j jj EVENING PHONE EMPLOYER NAME: , % )(I ke,b)• 20/1 q— I/�r;o1 �,C e EMPLOYER ADDRESS: E -MAI Educational Background/Degrees: -Q�tSe� Ste 4C4Sfest(Me . List any City or County Board, Committee or Commission on which you have served and1the y ar(s) of service: / (; ()reek cc;n kilc-encs �o✓Pcx��icsi� NONK.Cx&'4—$ /QSS Q1 P ( toG,20/l Sfr List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Ze r%{-cni,_ p1a ;ON.- `d . . , ca.L--,�oog gm y� /Writ,dafl' v—; �4., ,vQ", a,., /OO -2co 20 2- �J `i -,GNU, /�iCSw'' ss C' , f;/,.(0dGz-4147----, t�tl' //i - , ti( t �' U State why you sh to serve on this commission, and whyyou believeyou are qualified for the position. 4 ' Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommen tion 6c-(\44" and/or references are encouraged.) -e// /-/��i5 ;, D 97.5-s,- G�vcw45, 04L1nZ& Oro iie, / SL CA I /i l'rL /WO eI'K filQ i Qn C -L, : V AvPpc S .50C. D l4� Pig i l, Gi rr, pet r -1-C � niea I( 44.1- �It'/•? q I/� l`( ��2( 5q gs c /, , 1; , 1'?c7.-,k{-h , ssn k_W, -egle tir. ' p_ ,(7(5:9‘..0,---t 1 k.�. ecl i; I understand that any or all information on this form may be verified. 1 consent to the release of this information for public information purposes. Signature:(._ZC.._ �_ c_ - Date: - 201s Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE June 2, 2013 Attn: City Clerk c/o City of Temecula 41000 Main Street Temecula, CA 92590 Subject: Planning Commission Application Dear Mayor Naggar, Mayor Pro -Tem Edwards and City Council Members Roberts, Comerchero and Washington: I am writing to express my strong interest in and intent to serve as a volunteer commissioner on the City of Temecula's Planning Commission. As a homeowner in good standing in the neighborhood of Wolf Creek, and a voting citizen of Temecula, I meet the qualifications for nomination and holding office. As my Declaration of Candidacy and in response to the question on why I wish to serve on the Commission: I believe the goals and objectives of the Commission are to aid in fostering a sense of community, diversity, responsibility and accountability among fellow homeowners, citizens and businesses, all for the benefit of mutual pride -of -ownership, commerce, enjoyment and maintenance of community, and commercial and residential property values. Additionally, I believe the Commission is obligated to provide balanced oversight and administration of established and proposed projects and bidding opportunities, rules and regulations, and to actively solicit and welcome input, feedback and dialogue from all involved in the development and implementation of such activities in the city that promote the attraction and retention of businesses and residents. I feel I will make a good Commissioner because, as a homeowner, I share a healthy concern for our residential, commercial and investment interests and prospects (whether around housing and multi -land use initiatives, technology or tourism), and as a professional, I can lend my marketing, business and leadership acumen to the role. Entering my third term in June as board secretary for the Wolf Creek Maintenance Corp. Homeowners Association, I have been involved with land use matters since 2011. I have also garnered insights in to public/private partnerships given my role as California Business Strategies Manager for a top 100 (AmLaw 100) law firm, where I am ceaselessly seeking out, researching and collaborating on viable opportunities to advance the needs and goals of internal and external clients and prospects. Frankly, I know I am qualified and will be successful not only because of my education and professional experience, but also because I possess the sheer will and desire to do so. I recognize this is a significant opportunity to personally be proactive in the development of our city, one that would allow me to indulge my passion for the aesthetics in and around my home and where I conduct business. Both as a citizen and business woman, I am concerned about the economic health of Temecula at -large, and decisions made by the Planning Commission directly impact this. As someone who successfully earned not one, but two Masters Degrees from Loyola University Chicago's Graduate School of Business while working full time, I know how to manage and reserve the time necessary to study and question the issues coming before the Planning Commission and will make informed decisions. As a citizen and professional, my personal business model is centered on loyalty and integrity, and I understand that knowledge and skill is paramount to effectiveness. My resume is attached for your review and insight into my professional background. Grant me the permission to serve, and you will immediately come to see that I am able to and do review and act on all matters with complete transparency, without bias and while suspending any and all politics. I have been a resident of Riverside County since 2007, and of Temecula since 2008, and it is now time for me to "give back" to this community by offering both my professional and practical life experience in a positive and beneficial manner. Put another way, I am simply someone who loves Southern California, and is concerned for our economic and environmental sustainability, and wants to do her part to grow our city and ensure a prosperous, efficient and meaningful legacy for the City of Temecula. Thank you for your time and consideration. I hope you will grant me this opportunity to serve, and I look forward to hearing from you soon. espectfully,� ecilie D. Nelson Enclosures (3) CDN/2JunI3 Cecilie D. Nelson, MBA, MSIMC Marketing Professional More than fifteen years' experience in classical marketing, building brand image and generating revenue for professional services, media and retail industries. Expert in the strategy and execution of: ❖ ADVERTISING, WRITING & DESIGN ❖ COMMUNICATIONS, PR, PUBLIC SPEAKING PROMOTIONS, CAMPAIGN DEVELOPMENT and VENDOR NEGOTIATIONS ❖ SOCIAL MEDIA RELATIONS, MEDIA BUYING, SPECIAL EVENTS PLANNING & EXECUTION BUILDING CLIENT TEAMS ❖ PARTNERSHIP DEVELOPMENT Professional Experience McKenna Long & Aldridge, LLP, San Diego, CA Regional Business Strategies Manager Sep '12 - Present Oversee business development and client team implementation, events management, traditional marketing operations, long-range planning and promotion activities for the intemational law firm's Califomia offices. • Work with Partners to form marketing strategies and execute business plans; • Drive client development planning, establishing the regional strategic plan in conjunction with department chairs/practice group leaders to achieve regional business development objectives; • Manage market and competitive research in Califomia; • Provide oversight for client events, seminars, trade shows, speaking engagements, public relations and community activities; • Identify cross -selling and other business development opportunities while tracking and evaluating the return on investment; • Analyze business development programs, launch client teams and adjust strategy and tactics to increase effectiveness; • Develop and manage the execution of the business development programs and particular client development initiatives to achieve stated objectives regarding revenue, profitability, and market share for individual lawyers; • Explore opportunities and interface with trade and industry associations; • Develop and manage the Califomia offices' business development budgets; • Provide quality control on business development materials/RFP responses and all marketing campaigns; • Maintain global business awareness, including business trends, political and economic factors and the impact on clients' goals and the execution of legal services. Veros Software, Santa Ana, CA Corporate Events Planner Aug '11 — Sep '12 Oversee event marketing operations, long-range planning and promotion activities for the technology company. • Recruit keynote and industry speakers and aid in developing session content; • Serve as primary point -of -contact for vendors; • Manage banquet event orders, floor plans and proposals for conference functions; • Create the full spectrum of conference marketing materials including website content, email communications, direct mail, signage, promotional items, collateral, print ads, etc.; • Coordinate with internal marketing teams to optimize social media activity to support the program; • Develop conference events and activities, including VIP events; • Work with sales representatives to support exhibitor and sponsorship sales and execute sponsorship agreements; • Oversee trade show attendance and other external exhibiting opportunities; • Lead on-site timing and execution of all events. Chase Bank, Murrieta, CA Personal Banker II Jun '11 — Aug '11 Starbucks Corporation, Temecula, CA Partner/Barista Jul '09 — Jun '11 Cecilie D. Nelson, MBA, MSIMC DLA Piper LLP (US), San Diego, CA Marketing Manager Feb '07 — Apr '09 Oversaw marketing and business development activities for the Southern Califomia offices of merged global professional services firm in efforts to align the legacy firm's brand equity with its post -merger identity to extend relationships with existing and potential clients. • Managed six -figure budgets. Translated national efforts into local events, advertising, sponsorships and media activities; directed hosted events such as alumni and client receptions during the 2008 U.S. Golf Open at Torrey Pines and the 2008 BIO International Convention. • Established partners as experts through media outreach, generating articles and commentary in the markets' leading news and business publications — collective print and online reach of over 1.5 million readers with minimal duplication. • Earned the fine the "Preferred Vendor" designation by the majority of its Top 200 clients. Created persuasive pitches and presentations that contributed to the lawyers' business development success. • Served as brand steward and creative advisor. Wrote campaign platforms, edited content and served as liaison between the office and the creative team; developed communications and collateral (direct mail/brochures, signage and giveaway items) for the office at -large, as well as the Diversity, Pro Bono and Recruiting Committees. SNR Denton (formerly Sonnenschein Nath & Rosenthal LLP), Chicago, IL Apr '01- Feb '07 Senior Marketing Specialist Promoted 2004 — 2007 Marcom Specialist 2001— 2004 Led multifaceted marketing efforts including advertising strategies and all new media. • Spearheaded multi-million dollar national media buys on behalf of the Chief Marketing Officer. Advised on branding and sponsorship opportunities; negotiated rates; oversaw ad schedules and creative production by external vendors and partner agencies; conducted focus groups to assess customer needs and interests; wrote copy for and guided layout and design of marketing collateral. • Positioned the firm as the "go to" shop for legal services. Publicized first -to -market competitive advantages by implementing custom-tailored and innovative digital content and interactive features on the Website; supervised two direct reports, seven staff and vendors on Web design and content development. • Art Director, 2008 Communication Arts Photo Annual Awards, Top Five out of 8,500 entries, Andy Goodwin — Photographer, portrait of Sonnenschein Nath & Rosenthal client, Dominick Dunne, for the firm's annual review. • Established relationships with the Minority Corporate Council Association (MCCA), setting sponsorship agreements and terms resulting in higher than average speaker placement. • Tapped to lead development, execution and distribution of the Centennial documentary, partner memorial and tribute videos to leverage the firm's rich history for the purpose of growing and extending relationships with clients. Wrote scripts and talking points for leadership; organized the efforts of videographers/photographers and staff in producing pieces for sales presentations, internal communications and TV broadcasts. American Bar Association (membership organization), Chicago, IL Marketing Lead 2000 — 2001 • Managed redesign and implementation of the ABAnetworkTm brand and logo, negotiating creative concepts and production schedules w/ design agency; orchestrated planning for ABAnetwork"' presence at Annual Meeting 2000 in New York, overseeing the budget and logistics; handled similar efforts for presence at ABA Mid -year Meeting 2001 in San Diego. Cecilie D. Nelson, MBA, MSIMC The San Diego Union -Tribune, San Diego, CA Online Marketing Specialist, SignOnSanDiego.com 1997 — 2000 Implemented effective engagement strategies to ensure positive brand experience and subscriber enthusiasm for online entertainment and news. • Boosted online traffic and print subscriptions with a $10,000 sweepstakes to promote launch of the new media endeavor; handled strategic planning and coordination of special projects/events; negotiated cross- and on -air promotions with key media affiliates such as local Clear Channel radio stations, advertising clients, local sports franchises and entertainment venues; interfaced with creative, sales and technology departments to respond to sales inquiries, devise loyalty programs and address any challenges. • Managed outside vendors (graphic artists, copywriters, printers) and media partners on production of multi- media campaigns, collateral (media kits, bill stuffers, etc.) and advertising (print, TV, radio commercials); evaluated and approved creative throughout all phases of development. • Authored weekly column for ComputerLink; wrote newsletters and press releases; developed creative copy for print, radio and television advertising; authored executive reports and proposals. Academic Achievements and Language(s) Loyola University Chicago, Chicago, IL • Master of Business Administration (MBA), 2006 • Master of Science - Integrated Marketing Communications, 2005 University of Minnesota, Minneapolis, MN • BA, Speech Communications, 1996 Languages — Spanish Affiliations • Legal Marketing Association (LMA), 2012 - Present • National Association for Multi -Ethnicity in Communications (NAMIC), 2008 - 2012 References for Cecilie D. Nelson: Brad Sullivan President Wolf Creek Maintenance Corporation Homeowners Association, Board of Directors ave been serving with Brad as Board Secretary since June 2011.) Kelly Harris Director of Operations & Events Monte De nows me as a member and supporter of Monte De Oro since 2010; knows me as a referral source for new members and event business.) Jill Rand Greer, MS, RD, CNSC Clinical Nutrition Manager iummiTemecula Valley Hospital Lisa Easterly Vice President, Marketing San Die o Re ional Economic Development Corporation (SDEDC) o eagues since 2008 w en Lisa was at Latham & Watkins and served as LMA's San Diego peer group president.) City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 RECEIVED JUN -3 2013 CITY CLERKS DEPT, Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Please Check One: XXX Planning Community Services Public Traffic Safety Number of years as a City of Temecula Resident 3 Are you a City Registered Voter? YES NAME: Dr. Matthew Edward Rahn OCCUPATION: Consultant, Professor ADDRESS: DAYTIME PHONE: EVENING PHONE: SAME EMPLOYER NAME:San Diego State Univ / Rahn Conservation Consulting EMPLOYER ADDRESSIIII-MAILMINIIIIIIMIN Educational Background/Degrees: BS - Biology, University of Nevada; MS - Biology, University of Nevada PHD - Ecology, UC Davis; JD - Law, University of San Diego List any City or County Board, Committee or Commission on which you have served and the year(s) of service: SEE ATTACHED SHEET List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): SEE ATTACHED SHEET State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) SEE ATTACHED SHEET I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: Date: June 2, 2013 Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE June 2, 2013 Commission Appointment Application City of Temecula 41000 Main Street Temecula, CA 92590 Honorable Mayor and City Council, It is with great pride and pleasure that I submit this application for the City of TemecuIa's Planning Commission. Over the past two decades, I have diligently pursued the essential education and experiences that can best serve local government and community planning. I have a strong foundation in the natural and physical sciences, providing me with the tools necessary to understand and evaluate complicated problems. This training also provides me with the ability to evaluate projects and identify areas where more information or understanding is needed. This background also allows me to understand complex scientific and engineering concepts. It is through this rigorous scientific process that I am also able to quickly research and Iearn the applicable policies, regulations, codes, and laws related to city planning. The ability to effectively communicate and convey demanding concepts is of paramount concern for this position. Therefore, as a complement to my scientific underpinnings, I have also worked as an educator since 1997. I have taught at all levels, including K-12 students, community outreach/education programs, undergraduate students, graduate students, and law students. This experience benefits me in many ways. Aside from strong communication skills, I also have the ability to mediate and foster an environment of communication, collaboration, and collegiality. Since 2005, I also provided regular community education programs and presentations related to the Santa Margarita Ecological Reserve and the former Liberty Quarry. This led to a deep sense of community involvement and familiarity with the residents of Temecula. I have excellent rapport with diverse groups and have become adept at working with parties having divergent, often opposing viewpoints. Finally, my training also includes years of experience in policy, regulations, and law. This capstone skill helps bridge a significant gap that is one of the most important aspects of planning and land use: applying a project to the City's policies and regulations while ensuring that legal mandates are being met. I have supported various organizations and agencies on state and federal programs, watershed management plans, community wildfire protection plans, energy siting programs, development projects, and environmental impact reports. I am also experienced with the interpretation and application of appropriate environmental laws, including the Clean Air Act, Clean Water Act, Endangered Species Act, National Environmental Policy Act, and various applicable state laws (e.g. CEQA, NCCP). It is through this combined technical, pedagogical, and legal background that I bring together a comprehensive and distinctive skill set that is essential to city government and planning. Dr. Matt Rahn June 2013 Planning Commission Since 2005, I have had the honor of working with San Diego State University, serving an integral role related to the proposed quarry. During that time, I had the pleasure of working with state and federal agencies, the City of Temecula, the Pechanga Band of Luiseno Indians, and a formidable community group. It was a remarkable experience to witness the strength, resiliency, and kindness of this community. It is because of those experiences that our family moved to Temecula. The importance of maintaining and advancing a responsible and constructive trajectory for Temecula is of principal concern; I have a deep innate interest in ensuring the wellbeing of this community. It is with this ethic in mind that I am submitting this application. My knowledge of local government and City affairs, along with my strong history of community service and volunteering will serve me well as a Planning Commissioner. I would enjoy an opportunity to serve on the Planning Commission, to provide ethical decision-making, and to support the public good and the leadership of Temecula. Below I provide additional information on my background, and have attached several letters of support. I thank you for this opportunity, and welcome any questions that you may have. Respectfully submitted, Matthew Rahn, PhD, MS, JD Dr. Mau Rahrt June 2013 Planning Commission Recent Work 2002 -Present 2013 -Present 2012 -Present 2012 -Present 2009-2013 2008-2012 2003-2012 2006-2008 2005-2006 2003-2005 2000-2004 2003-2004 Experience Partner, Principal Scientist, Rahn Conservation Consulting, LLC, Temecula, CA Associate Director, Environmental Sciences Program, San Diego State University Adjunct Faculty, Homeland Security Program, San Diego State University Director, Wildfire Research Program, San Diego State University, CAL FIRE, CDF Firefighters, International Association of Firefighters, US Forest Service Lead Instructor and Academic Advisor, San Diego State University, Environmental Sciences Program Director of Research, and Education, Field Stations Program; College of Sciences, San Diego State University Instructor, San Diego State University, Department of Biology Executive Director, San Diego State University, Field Stations Program Director, Santa Margarita Ecological Reserve, San Diego State University, Field Stations Program Program Scientist, San Diego State University, Field Station Programs California DFG Senior Scientist, AMEC Earth and Environmental Environmental Intern/Legislative Policy Analyst, City of San Diego, Environmental Services Department Government/Agency Service 2011 Lead Science Advisor — Orange County Transportation Authority NCCP 2010 Lead Science Advisor— Otay Water District HCP/NCCP 2007 Lead Science Advisor — San Diego County Water Authority NCCP/ HCP 2007-2008 Science Advisor —Tijuana Estuary Restoration Program 2006-2008 Science Advisor — Santa Margarita River Watershed Monitoring Program 1998-2001 Science Advisor — Clark County, NV HCP 1997-2000 Co -Chair — Nevada Bat Working Group Professional 2013 -Present 2007 -Present 2008-2013 2006-2013 1999-2005 Dr, Matt Rahn and Community Service Member, Board of Directors, Mission Trails Regional Park Foundation Associate Researcher, San Diego Natural History Museum Vice President -Board of Directors, EMA-Resource Conservation District Member, Citizens Advisory Committee, Mission Trails Park Scientific Reviewer. Frontiers in Ecology; Journal of Insect Conservation; Journal of Avian Conservation lune 2013 Planning Commission CITY OF MURRIETA May 28, 2013 Temecula City Council: I am writing to show my support for Matt Rahn as a Planning Commissioner for the City of Temecula. After serving on the Planning Commission for five and a half years in the City of Murrieta and now serving in my second term as a Council Member in the City of Murrieta I know what qualities it takes to be a successful Commissioner. I can say without hesitation that Matt has those qualities. I have known Matt for quite some time and I have had the opportunity to watch him work through issues that require independent thought, looking at projects with an open mind and making decisions based on fact and not emotion. I have always believed the Planning Commission's job is to implement policy set by the City Council. I believe that Matt will work to have a full understanding of the development code, work in conjunction with city staff and most importantly work to understand the goals and policies set by the City Council so that he will be able to implement the will of the Council. I believe Matt would be an excellent asset to the City of Temecula and if given the chance I would support him as a Planning Commissioner in Murrieta. Please do not hesitate to call should you have any questions. Randon Lane Council Member City of Murrieta viiimmeb 1. Town Square • Murrieta, California 92562 phone: 951.304.C1TY (2489) • fax: 951.698.4509 • web: murrieta.org JUDGE DICK MURPHY 11111111111. May 30, 2013 To Whom This May Concern: I am pleased to provide this letter of support for Dr. Matthew Rahn for the position of Planning Commissioner for the City of Temecula. I have worked with Dr. Rahn since 2008 where we both serve on the Citizens Advisory Committee for Mission Trails Regional Park in San Diego. Most recently Dr. Rahn has worked with me and provided valuable input and guidance on the development of the park's master plan. Throughout his tenure, he has consistently provided the City of San Diego and Mission Trails Regional Park with thoughtful and objective input, understanding the balance between protecting natural resources and promoting education, outreach, and recreational opportunities. As the former Mayor of the City of San Diego, I am well aware of the desirable qualities and characteristics for a planning commissioner. Dr. Rahn exhibits all of these qualities and has an exceptional background that is uncommon in this arena. Dr. Rahn has a strong background in land use planning and has an outstanding command of the laws, regulations, policies, and procedures that a planning commissioner is charged with knowing. His perspective is unique and highly desired — he has an academic background and theoretical foundation, while also having the applied experience and expertise critical to properly serve this position. Most importantly, Dr. Rahn has an innate desire to help the community and contribute to an improved quality of life. I highly endorse his application, and hope that the City of Temecula selects him as its newest planning commissioner. Please contact me if you have any questions. Judge Dick Murphy Procopio www.procopio.com ■■a2Uat■11 atsaie May 3I, 2013 City Clerk City of Temecula 41000 Main Street Temecula, CA 92590 a1 411 • Procopio. Cory, Ifargrcavcs and Savitch LLP AMR Re: Candidacy of Dr. Matt Rahn for City of Temecula Planning Commission To Whom it May Concern: With great pride and enthusiasm I would like to commend to the City of Temecula the candidacy of Dr. Matthew Rahn for selection as one of your sitting Planning Commission members. I have had the pleasure of knowing and working with Matt for over a dozen years dating back to his first work at San Diego State University Biological Department. Matt has shown an insatiable appetite for knowledge and problem solving techniques and brings a unique perspective to resolving issues through his ecological research science and law degrees. Matt not only understands the rules of land use and environmental law and how they are intended to be implemented, but also he is well trained and practiced in implementing techniques necessary to resolve problems where they arise. His teaching and legal skills have brought him communication techniques that would be highlighted on the Planning Commission Board. His attention to detail and ability to rapidly absorb large amounts of information allows Matt to be an asset to the Commission during meetings when a lot of information arises and the Commissioners are being asked to render a decision. Matt's love of the City of Temecula and its surrounding areas is evidenced by his relocation to the Temecula area several years ago as a lifestyle choice. Matt is exactly the type of individual that the City can rely on to provide thoughtful, educated and creative review of proposed projects within the City limits and help the City ensure that Temecula maintains its civic character while functioning for all of its residents in southern Riverside County. i)' '1.'S 9999(>9.90104-6 1 762 391 1 Procopio' City Clerk May 31. 2013 Page 2 Without hesitation and with my full recommendation I strongly urge that you select Dr. Matthew Rahn to your Planning Commission. If I can be of any further assistance, please do not hesitate to contact the undersigned. Sincerely, Theodore J. Griswold TJG:ct ixX.S 999490-90!044:I 762394 1 Aaron Read & Associates, LLC May 29, 2013 To Whom It May Concern: LEGISLATIVE AND GOVERNMENTAL REPRESENTATION The following letter is provided on behalf of Dr. Matt Rahn for his application to the City of Temecula's Planning Commission. I have had the pleasure of working with Dr. Rahn for over eight years, and have had the opportunity to see him perform in a variety of venues and diverse projects, including the seven-year battle with the Liberty Quarry, alternative energy development programs for the State of California, and wildfire research with CALFIRE and CDF Firefighters. For all these projects, Dr. Rahn demonstrated exceptional professionalism and integrity. As you may know, Dr. Rahn has a distinguished background in the sciences and law, making him an outstanding candidate for a position with the Planning Commission. Through his years of practice in both the academic and professional sectors, Dr. Rahn has gained the skills and understanding necessary to provide the City of Temecula with thoughtful and constructive service to assist in future land use and planning decisions. I know the City leadership have been able to work closely with Dr. Rahn, particularly on the Liberty Quarry project. Dr. Rahn was extremely capable of working across all sectors including the grassroots community organizations, federal/state agencies, the City of Temecula, the Pechanga Band of Luiseno Indians, and Riverside County. Dr. Rahn has the personal and professional skills necessary to understand and engage these diverse groups, working seamlessly to achieve the outcome that is in the best interest of the region. It is with high regard that I endorse Dr. Rahn and encourage the City of Temecula to appoint him to the Planning Commission. Dr. Rahn brings a distinctive leadership and balanced perspective; your City will be well served by his dedication and dependability. Please feel free to contact me if you have any questions. Sincerely, Tom D'Agostino 1415 L STREET, SUITE 1100, SACRAMENTO, CALIFORNIA 95814 TEL: 916/448-3444 FAX: 916/448-0430 EMAIL: ara@aaronread.com City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appoiiiffth?i Application cu C,LERIttb For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula ePT. Please Check One: _- X Planning Community Services Public Traffic Safety Number of years as a City of Temecula Resident 33 Are you a City Registered Voter? YES NAME: John H. Telesio OCCUPATION: Planning Commissioner ADDRESS: DAYTIME PHONE: EMPLOYER NAME: EVENING PHONE: same EMPLOYER ADDRESS: E-MAIL Educational Background/Degrees: Master of Public Administration, CSUSB, Master of Science, USC, BA, Social Studies/History, CSULA List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Member and twice Chair, Temecula Public Traffic/Safety Commission, 1997-2000, Member, Current and twice Chair, Temecula Planning Commission, 2000 -Present, Member, Citizens General Plan Review Committee 2004-2005. List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): American Planning Association, Military Officers Association of America, VFW, Temecula Post 4089, Volunteer, Temecula Balloon and Wine Festival, Volunteer, Susan B. Komen Race for the Cure, Volunteer, SMURF. State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) Please See Attached I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: Date: 05/28/2013 Please mail or return to: City of Temecula. City Clerk's Office 41000 Main Street. Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE John H. Telesio Planning Commission Application - Continued: State why you wish to serve on this commission and why you believe you are qualified for this position: I believe I have the education, experience, time, desire, energy and the demonstrated record of sound, objective, impartial judgment and deep commitment to our city necessary to continue to perform at the level required of this important position. I take this work very seriously; as a retired citizen I consider it to be "my job" and I plan my personal schedule around meeting dates. As a result, I have had only two excused absences (a death in my family and my own emergency surgery) in the course of my over 15 years of combined commission service, the last occurring over ten years ago. I have absolutely no personal or professional conflicts of interest which might interfere with my full participation in the commission review process. I consider it a privilege to serve my city in this capacity and would be honored by the opportunity to continue doing so. While I am content to rely on the collective judgment of the City Council as well as the Planning staff as to my record of performance and suitability for reappointment, I offer as references for consideration five of the most prominent and respected officials and citizens of Temecula with whom I have worked closely and well over the years: Riverside County Supervisor/Former Temecula City Councilman, Jeff Stone Former City Manager, Shawn Nelson Former Temecula Planning Director / Deputy City Manager, Gary Thornhill Former Temecula City Manager Ron Bradley Lead Pastor, Rancho Community Church, Scott Treadway REQUESTS TO SPEAK City Council Meeting 09/10/13 Date 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. I ) (&16,7-73 Subject Ater /&i.- 4 I wish to speak on Agenda Item No. For Against Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: L�%�/p�in P-i../?.3 Phone: ? / Address City/State/Zip14' %j (1/ 6 -? 73-47/ If you are representing an organization or group, please give the name: Date 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. //GI/3 I wish to speak on Agenda Item No. Subject For Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 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Please go to the public podium and state your name for the record. bI wish to speak on Agenda Item No. SPC Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: � /() u 6„ Address: /` Phone: City/State/Zip If you are representing an organization or group, please give the name: vt vt .8 /0 ¢ t //l ()J c90`� p` 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 /D S.) 02U/ 3 Subject /1"/ be nFor FL Against Public Comment I wish to speak on Agenda Item No. Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Dae, Name: 6-36f0 R G ` oill 8 4-C bi- Phone: Address:, 2City/State/Zip /4, (-/. 92 9'z, If you are representing an organization or group, please give the name: 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 I wish to speak on Agenda Item No. Subject L c; y, 4,6 e7/, 6' -' Lc9Kil t(s n For !! n Against [4ublic Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: �>�� /C-t-� '`I Phone: - Address: City/State/Zip / i, ��✓/vl 477761/7L If you are representing an organization or group, please give the name: Date 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. (v ► Subject f j%bJ (& eO7/WJ24C75 . I wish to speak on Agenda Item No. nFor n Against lAPublic Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: Address: (L1_ Phone: City/State/Zip If you are representing an organization or group, please give the name: 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't.. 10% '2J01.3 Subject nFor Against Public Comment TCSo ',k,61'c I wish to speak on Agenda Item No. Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: '1t1f�r Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: td/ -3, GC/ //c l/kcin1 ��' ca0017 () '�