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HomeMy WebLinkAbout062414 CC AgendaIn 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 TEMECULA, CALIFORNIA JUNE 24, 2014 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. — The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) "Performance Evaluation -City Manager. This closed session is being held pursuant to Government Code Section 54957 to enable the City Council to evaluate the City Manager as required by his contract and to define goals and performance objectives." Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 14-04 Resolution: 14-41 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Earlene Bundy Invocation: Pastor Sandy Bentz of Hope Lutheran Church Flag Salute: Council Member Chuck Washington ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS/PROCLAMATIONS Abby Reinke Elementary School — Odyssey of the Mind Presentation to the City 1 PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 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 June 10, 2014. 3 List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2 4 Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements submitted to the Voters at an Election to be held on Tuesday, November 4, 2014 RECOMMENDATION: 4.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 5 Approval of Fiscal Year 2014-15 Trustee Fees Related to the City's Outstanding Bonds RECOMMENDATION: 5.1 That the City Council approve the expenditure of $38,220, for Fiscal Year 2014-15 trustee/fiscal agent services, provided by U.S. Bank, for the City's Community Facilities Districts (CFD), Assessment District (AD), and Tax Allocation Bonds (TABs). 6 Insurance Policies (Workers' Compensation, Property, Automobile Physical Damage, Earthquake and Flood, Crime, Liability) — Renewal, Extension, and Alignment RECOMMENDATION: 6.1 Approve the cancellation of the City's current Workers' Compensation Policy with Travelers Property Casualty Company of America, and approve insurance policy renewal for Workers' Compensation Coverage with New York Marine and General Insurance Company, in the amount of $55,002, for the period of July 1, 2014 to July 1, 2015; 6.2 Approve a four month six day pro rata Property, Automobile Physical Damage, Earthquake and Flood, and Crime insurance policy extension with Travelers Indemnity Company/Travelers Indemnity Company of Connecticut and Empire Indemnity Insurance Company (with participation from Princeton E&S, Hiscox, QBE Specialty, and Ironshore/Ironshore Europe), in the amount of $133,050, for the period of February 26, 2015 to July 1, 2015; 6.3 Approve the insurance policy renewal for Liability insurance with Travelers Indemnity Company/Travelers Indemnity Company of Connecticut, in the amount of $219,882, for the period of July 1, 2014 to July 1, 2015. 3 7 Authorization of Application to the Director of Industrial Relations, State of California, for a Certificate of Consent to Self Insure Workers' Compensation Liabilities RECOMMENDATION: 7.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION AUTHORIZING APPLICATION TO THE DIRECTOR OF INDUSTRIAL RELATIONS, STATE OF CALIFORNIA FOR A CERTIFICATE OF CONSENT TO SELF INSURE WORKER'S COMPENSATION LIABILITIES 7.2 Approve the "Application for a Public Entity Certificate of Consent to Self Insure" attached thereto. 8 Support of AB 2610 (Williams) an Act to amend Section 89708 of the Education Code relating to California State University Special Sessions (at the request of Council Member Washington) RECOMMENDATION: 8.1 That the City Council support Assembly Bill 2610 (Williams) and direct the City Manager to work with California State University San Marcos in support, including drafting letter(s) of support to be signed by the Mayor on behalf of the City of Temecula. 9 Second Amendment to the Agreement with Proactive Fire Design, Inc. for Fire Department Plan Review Service RECOMMENDATION: 9.1 That the City Council approve the Second Amendment with Proactive Fire Design, Inc., in the amount of $90,000, for a total contract amount of $200,000, for Fire Department Plan Review Service. 10 Second Amendment to the Maintenance Agreement with Innovative Document Solutions for Canon Copiers/Printers RECOMMENDATION: 10.1 Approve the Second Amendment to the Maintenance Agreement with Innovative Document Solutions to increase the annual contractual amount for Fiscal Year 2013-14 to $82,000, and to increase the annual contractual amount for Fiscal Years 2014-15 and 2015-16 to $90,000; thereby, increasing the five-year contract amount to $411,600; 10.2 Approve an additional appropriation in the amount of $10,000 for Fiscal Year 2013-14. 4 11 First Amendment to the Agreement with Blanca Y. Price for Landscape Plan Check and Inspection Services for Fiscal Year 2013-14 RECOMMENDATION: That the City Council approve the First Amendment to the Agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for Fiscal Year 2013-14, in the amount of $16,700, for a total agreement amount of $106,700. 12 Agreement with Keyser Marston Associates for Economic Consulting Services — Land Use Economic Opportunity Study and Old Town Market Opportunities Update RECOMMENDATION: 12.1 That the City Council approve an Agreement with Keyser Marston Associates for Economic Consulting Services — Land Use Economic Opportunity Study and Old Town Market Opportunities Update, in the amount of $124,000. 13 First Amendment to the Agreement with KRW & Associates for Fiscal Year 2014-15 RECOMMENDATION: 13.1 That the City Council approve the First Amendment to the Agreement with KRW & Associates, in the amount of $20,000, for engineering plan check, map and legal description review for Fiscal Year 2014-15. 14 First Amendment to the Contract with Pacific Striping, Inc. for Citywide Repainting of Traffic Striping, PW13-04 RECOMMENDATION: 14.1 Approve the First Amendment to the Contract with Pacific Striping, Inc., in the amount of $278,150, for Citywide Repainting of Traffic Striping, PW13-04; 14.2 Authorize the City Manager to approve additional work not to exceed the contingency amount of $51,850, which is approximately 18.6% of the annual amount. 15 Second Amendment to the Agreement with Temecula Sunrise Rotary Foundation for Fiscal Year 2014-15 RECOMMENDATION: 15.1 That the City Council approve the Second Amendment to the Agreement with Temecula Sunrise Rotary Foundation, in the amount of $10,050, for bus benches placement and maintenance for Fiscal Year 2014-15. 5 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 ******************** 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 14-01 Resolution: No. CSD 14-05 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. 16 Action Minutes RECOMMENDATION: 16.1 Approve the action minutes of June 10, 2014. 17 Agreement with Melody's Ad Works, Inc. for Old Town Temecula Special Event Coordination and Marketing Services RECOMMENDATION: 17.1 That the Board of Directors approve an agreement with Melody's Ad Works, Inc., in the amount of $51,500 ($45,000/contract fee, $6,500/reimbursable) for the coordination and marketing of special events in Old Town Temecula for Fiscal Year 2014-15. 18 Annual Agreement with Nicholas Tierce for Graphic Design and Videography Services for the Theater and Museums for Fiscal Year 2014-15 RECOMMENDATION: 18.1 That the Board of Directors approve the following annual agreement for Fiscal Year 2014-15: Nicholas Tierce $50,000 Graphic design and videography CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, July 8, 2014, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 8 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — no meeting TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 9 RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 19 Ordinance Amending Section 10.28.010(D) of the Temecula Municipal Code regarding Prima Facie Speed Limits on Certain Streets RECOMMENDATION: 19.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS DEPARTMENTAL REPORTS 20 Community Development Department Monthly Report 21 City Council Travel/Conference Report -May 2014 22 Public Works Department Monthly Report 23 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, July 8, 2014, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE 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.citvoftemecula.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.org — 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. 10 CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 10, 2014 — 7:00 PM 6:00 P.M. — The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) "Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding one parcel of real property owned by the City of Temecula as the Housing Successor Agency to the former Temecula Redevelopment Agency consisting of approximately 32 acres (APN 909-370-002) located northwesterly of Diaz Road and Dendy Parkway in the City of Temecula. The parties to the negotiations for the potential sale of the property are: Wild Rivers Temecula, LLC (aka Wild Rivers), Heritage Classic Charter School of America and the City of Temecula. Negotiators for Wild Rivers, LLC are: Michael Riedel and Jeff Hopkins; negotiator for Heritage Classic Charter School of America is James R. Bach; negotiators for the City of Temecula are: Aaron Adams, Greg Butler, Armando Villa and Luke Watson. Under negotiation are price and terms of the potential sale of the property." 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 Edwards 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 Maryann Edwards Prelude Music: Joshua Jurkosky Invocation: Father Andrew Lesko of St. Nicholas Greek Orthodox Church Flag Salute: Council Member Ron Roberts ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to Scott Bostock for attaining the rank of Eagle Scout Action Minutes 061014 1 PUBLIC COMMENTS The following individuals addressed the City Council: • Jimmy Moore • Jeffrey Reilly • Robert Rosenstein CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. 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 (4-0-1, Council Member Comerchero abstained) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Naggar, Roberts, Washington and Edwards with Council Member Comerchero abstaining because he did not attend the May 27, 2014 City Council Meeting. RECOMMENDATION: 2.1 Approve the action minutes of May 27, 2014. 3 List of Demands Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-30 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 April 30, 2014 Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. Action Minutes 061014 2 RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of April 30, 2014. 5 Resolution Amending City Council Election Resolutions 14-24 and 14-25 Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 5.1 That the City Council amend City Council Election Resolutions 14-24 and 14-25 and adopt a resolution entitled: RESOLUTION NO. 14-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RESOLUTION NOS. 14-24 AND 14-25 CALLING THE CITY'S GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 AND REQUESTING THE RIVERSIDE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE ELECTION 6 Voter Approved Measure C Annual Special Tax Levy Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 6.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2014-15 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS 7 Amend the City of Temecula's Citywide User Fees Resolution No. 05-101 Temporarily Suspending the Automatic Annual Adjustment of User Fees until the Energov Permitting System Project is completed during Fiscal Year 2014-15 Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. Action Minutes 061014 3 RECOMMENDATION: 7.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TEMPORARILY SUSPENDING THE AUTOMATIC ANNUAL ADJUSTMENT OF CITYWIDE USER FEES UNTIL THE ENGERGOV PERMITTING SYSTEM PROJECT IS COMPLETED DURING FISCAL YEAR 2014-15 AND TEMPORARILY RETAINING THE SAME CITYWIDE USER FEES AS WERE IN EFFECT FOR FISCAL YEAR 2013-14 8 Authorization to Examine Sales, Use and Transactions Tax Records Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 8.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING EXAMINATION OF SALES, USE AND TRANSACTIONS TAX RECORDS 9 Agreement for Building Plan Review Services for Fiscal Year 2014-15 Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 9.1 That the City Council approve an Agreement for Consulting Services with Esgil Corporation for Building Plan Review Services, in the amount of $150,000, for Fiscal Year 2014-15. 10 Agreement for Landscape Plan Check and Inspection Services for Fiscal Year 2014-15 Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. Action Minutes 061014 4 RECOMMENDATION: 10.1 That the City Council approve an Agreement for Consulting Services with Blanca Y. Price to perform Landscape Plan Check and Inspection Services, in the amount of $100,000, for Fiscal Year 2014-15. 11 Acceptance of Grant Deed for Transfer of Ownership of the Children's Museum Property (APN 922-036-042) from the Successor Agency to the Temecula Redevelopment Agency to the City of Temecula pursuant to the approved Amended Long -Range Property Management Plan Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 11.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ACCEPTANCE OF THE GRANT DEED FOR THE TRANSFER OF THE CHILDREN'S MUSEUM PROPERTY (APN 922-036-042) FROM THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY TO THE CITY OF TEMECULA PURSUANT TO THE APPROVED AMENDED LONG-RANGE PROPERTY MANAGEMENT PLAN 12 Third Amendment to the Agreement with Interwest Consulting Group for the provision of Building Inspector Services Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 12.1 That the City Council approve the Third Amendment to the Agreement with Interwest Consulting Group, in the amount of $11,200, for the provision of Building Inspector Services, for a total agreement amount of $53,100. 13 First Amendment to the Agreement with Keyser Marston Associates, Inc. for Real Estate Economic Consulting Services Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 13.1 That the City Council approve the First Amendment to the Agreement with Keyser Marston Associates, Inc. (KMA), in the amount of $32,000, for Real Estate Economic Consulting Services, for a total agreement amount of $52,000. Action Minutes 061014 5 14 Fiscal Year 2014-15 Solid Waste and Recycling Rates Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 14.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE AND RECYCLING RATES FOR FISCAL YEAR 2014-15 15 Approval of the Plans and Specifications, and Authorization to Solicit Construction Bids for the Citywide Slurry Seal Fiscal Year 2014-15, PW 14-06 Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 15.1 Approve the plans and specifications, and authorize the Department of Public Works to solicit construction bids for the Citywide Slurry Seal Fiscal Year 2014-15, PW 14-06; 15.2 Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 16 Agreement with ThyssenKrupp Elevator Corporation for Fiscal Year 2014-15 for Elevator Services Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 16.1 That the City Council approve an Agreement with ThyssenKrupp Elevator Corporation, in the amount of $40,000, for Fiscal Year 2014-15 for Elevator Services. 17 Amendments to Annual Agreements for various services required by the Public Works Department, Traffic Division, Fiscal Year 2014-15 Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. Action Minutes 061014 6 RECOMMENDATION: 17.1 That the City Council approve the following Amendments to Annual Agreements in the amounts specified, for Fiscal Year 2014-15 for various Department of Public Works, Traffic Division operational needs: Altec Industries, Inc. — Second Amendment $30,000 Counts Unlimited, Inc. — Second Amendment $20,000 Crosstown Electrical & Data, Inc. — First Amendment $30,000 DBX, Inc. — First Amendment $30,000 McCain, Inc. — First Amendment $30,000 Siemens Industry, Inc. — Third Amendment $30,000 18 Opposition of AB 2153 (Gray), an Act to Amend Section 89708 of the Education Code Relating to Postsecondary Education (at the request of Council Member Washington) Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 18.1 That the City Council oppose Assembly Bill 2153 (Gray) and direct the City Manager to work with California State University San Marcos in opposition, including drafting updated letter(s) of opposition to be signed by the Mayor on behalf of the City of Temecula. RECESS At 7:30 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 7:48 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 28 Adoption of the Fiscal Years 2015-2019 Capital Improvement Program Budget — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. Council Member Edwards did not participate in any discussion and abstained in the approval of this Resolution as such approval relates to the Murrieta Creek Improvements Project, because her employer, the Boys and Girls Club, is located within 500 feet of this project and is likely to affect her employer and this property. Action Minutes 061014 7 Council Member Naggar did not participate in any discussion and abstained in approval of this Resolution as such approval relates to the Ornamental Pedestrian Barriers Project on Deer Hollow adjacent to Great Oak High School because of the proximity to his property in which he has an interest. RECOMMENDATION: 28.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2015-2019 AND ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2014-15 29 Adoption of the Fiscal Year 2014-15 Annual Operating Budget — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. Council Member Washington did not participate in any discussion and abstained in approval of this Resolution as such approval relates to the Balloon & Wine Festival and the Komen Race for the Cure because his company in which he has an interest, California T's, has indirectly provided merchandise for these groups. RECOMMENDATION: 29.1 Adopt a resolution entitled: RESOLUTION NO. 14-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2014-15 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 29.2 Adopt a resolution entitled: RESOLUTION NO. 14-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 29.3 Adopt a resolution entitled: RESOLUTION NO. 14-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2014-15 Action Minutes 061014 8 30 Formation and Appointment of an Ad Hoc Subcommittee for Strategic Fiscal Planning — Appointed Council Member Edwards and Council Member Comerchero to serve on the Ad Hoc Subcommittee for Strategic Fiscal Planning (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 30.1 Form an ad hoc subcommittee to develop initiatives to address challenges facing the City and develop strategies to guide future budgetary decisions; 30.2 Appoint two members of the City Council to serve on the Strategic Fiscal Planning Ad Hoc Subcommittee. CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised direction was given to the City's negotiators however, there was nothing to report under the Brown Act for any actions taken in Closed Session. ADJOURNMENT At 8:35 P.M., the City Council meeting was formally adjourned to Wednesday Tuesday, June 24, 2014, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Adjourned in Memory of Those Who Gave Their Lives On D -Day, June 6, 1944 *** Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] Action Minutes 061014 9 Item No. 3 TO: FROM: DATE: SUBJECT: Approvals City Attorney Finance Director City Manager Ilk CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jennifer Hennessy, Finance Director June 24, 2014 List of Demands PREPARED BY: RECOMMENDATION: Pascale Brown, Accounting Manager Jada Shafe, Accounting Specialist That the City Council adopt a resolution entitled: RESOLUTION NO. 14- 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. 14- 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 $3,006,721.43. 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 24th day of June, 2014. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of June, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Gwyn R. Flores, CMC Acting City Clerk CITY OF TEMECULA LIST OF DEMANDS 05/29/2014 TOTAL CHECK RUN $ 1,100,718.43 06/05/2014 TOTAL CHECK RUN 1,456,331.22 06/05/2014 TOTAL PAYROLL RUN: 449,671.78 TOTAL LIST OF DEMANDS FOR 06/24/2014 COUNCIL MEETING: $ 3,006,721.43 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 135 BUSINESS INCUBATOR RESOURCE 140 COMMUNITY DEV BLOCK GRANT 165 SARDA AFFORDABLE HOUSING 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 194 TCSD SERVICE LEVEL D 196 TCSD SERVICE LEVEL "1]' LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECTS FUND 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION TECHNOLOGY 330 CENTRAL SERVICES 340 FACILITIES 395 2011 FINANCING LEASE 2001 & 2008 COPS 477 C1H7)- RORIPAUGH 501 SERVICE LEVEL"C'ZONE 1 SADDLEWOOD 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 514 SERVICE LEVEL"C'7ONE 14 MORRISON HOMES 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 700 CERBT CALIFORNIA EE RETIREE-GASB45 $ 509,918.75 860.44 2,454.44 7,625.42 223,441.60 190.13 1,502.56 6,987.49 5,717.74 920,289.73 36,526.47 117,252.40 76,391.29 16,567.88 37,592.61 534,417.50 1,708.50 978.02 657.92 73.09 194.96 1,211.38 594.50 604.48 6,010.25 77.88 432.51 114.53 4,517.87 174.06 980.11 18.25 1,011.04 18.83 8,748.71 2,943.27 7,481.55 3,587.96 66.77 79.11 5,768.82 530.00 78.45 369.47 3,834.13 90.15 6,356.63 $ 2,557,049.65 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 258,398.50 140 COMMUNITY DEV BLOCK GRANT 1,665.73 165 SARDA AFFORDABLE HOUSING 5,407.29 190 TEMECULA COMMUNITY SERVICES DISTRICT 101,521.24 192 TCSD SERVICE LEVEL B 240.16 194 TCSD SERVICE LEVEL D 2,054.69 196 TCSD SERVICE LEVEL 'Z" LAKE PARK MAINT. 412.72 197 TEMECULA LIBRARY FUND 1,128.01 300 INSURANCE FUND 4,086.94 320 INFORMATION TECHNOLOGY 24,043.46 330 SUPPORT SERVICES 6,621.83 340 FACILITIES 10,750.35 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 82.51 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 55.39 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 65.75 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 12.02 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 133.29 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 24.08 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 34.22 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 226.28 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.34 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.41 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.99 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 151.05 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 32.21 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 18.64 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 16.29 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 37.59 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.28 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 139.90 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 74.87 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 202.98 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 343.41 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.21 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 8.94 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 193.12 525 SERVICE LEVEL"C"ZONE 25 SERENA FULLS 62.17 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.88 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 8.94 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 284.71 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.94 700 CERBT CALIFORNIA EE RETIREE-GASB45 31,094.45 449,671.78 TOTAL BY FUND: $ 3,006,721.43 apChkLst Final Check List Page: 1 05/29/2014 11:10:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2447 05/27/2014 014685 COMPASS BANK '11 refunding 01/08 cert part debt svc 534,417.50 534,417.50 164728 05/27/2014 002185 POSTMASTER postage for s/f'14 recreation guide 8,260.86 8,260.86 164729 05/29/2014 004802 ADLERHORST INTERNATIONAL Apr 14 training & supplies:police K-9 283.34 283.34 INC 164730 05/29/2014 016823 ADURI YOGA TCSD Instructor Earnings 168.00 168.00 164731 05/29/2014 010904 AFECO INC Thermal Imagaing Camera - Sta 95 9,182.16 9,182.16 164732 05/29/2014 014531 ALLEN EMBROIDERY SERVICE Embroidery:code enf uniform shirts 156.00 156.00 164733 05/29/2014 016065 AMERICAN DIGITAL Library SmartPay Project : Library 9,472.00 9,472.00 CORPORATION 164734 05/29/2014 004240 AMERICAN FORENSIC NURSES Phlebotomy srvcs:temecula police 381.41 (AFN) Phlebotomy srvcs:temecula police 296.66 678.07 164735 05/29/2014 013950 AQUA CHILL OF SAN DIEGO Jun 14 water filter sys maint:facilities 176.04 Jun 14 water filter sys maint:MPSC 33.48 Jun 14 water filter sys maint:PD 27.00 ro drinking water sys srvcs: jrc 27.00 263.52 164736 05/29/2014 004307 ARCH CHEMICALS, INC. May 14 water maint srvcs:hary lake/duck 3,900.00 3,900.00 164737 05/29/2014 004205 BALLET FOLKLORICO TCSD Instructor Earnings 224.00 224.00 164738 05/29/2014 006254 BALLET FOLKLORICO TCSD Instructor Earnings 140.00 140.00 164739 05/29/2014 016842 BARLASS, RONALD, L. Radio Chargers: TCC 400.00 400.00 164740 05/29/2014 004040 BIG FOOT GRAPHICS Red t-shirts:skate park pgrms 431.50 431.50 164741 05/29/2014 016735 BILLY DANIELS FOUNDATION Settlement:While the city sleeps 5/24 1,709.59 1,709.59 164742 05/29/2014 004462 C D W GOVERNMENT INC Portable printer/paper:energov project misc small tools & equip:info technology Arm for additional computer monitor tripp inverter 375W 705.16 364.79 279.32 -51.84 1,297.43 Pagel apChkLst Final Check List Page: 2 05/29/2014 11:10:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 164743 05/29/2014 003138 CAL MAT 164744 05/29/2014 004248 CALIF DEPT OF JUSTICE-ACCTING 164745 05/29/2014 007794 CAL-PASEO DEL SOL, LLC 164746 05/29/2014 016915 CALVARY CHAPEL COSTA MESA 164747 05/29/2014 000131 CARL WARREN & COMPANY INC 164748 05/29/2014 002945 CONSOLIDATED ELECTRICAL DIST. 164749 05/29/2014 011922 CORELOGIC, INC. WEB SUBSCRIPTION:REAL QUEST 27.50 164750 05/29/2014 013379 COSSOU, CELINE 164751 05/29/2014 010650 CRAFTSMEN PLUMBING & HVAC INC 164752 05/29/2014 010650 CRAFTSMEN PLUMBING & fire alarm improvements: jrc 3,000.00 HVAC INC (Continued) Description Amount Paid Check Total asphalt material:citywide street repairs 674.67 674.67 Apr 14 DOJ alcohol analysis: Police 980.00 980.00 refund bal.:burrowing owl study:PM36461 300.00 300.00 refund:sec dep:rm rental:Harveston 200.00 200.00 Apr 14 Claim adjuster services 3,657.36 3,657.36 misc electrical supplies: var parks 210.60 misc electrical supplies: MPSC 183.60 394.20 WEB SUBSCRIPTION:REAL QUEST FOR 11.00 38.50 TCSD Instructor Earnings 168.00 168.00 replace single doors: crc rehab 9,000.00 9,000.00 164753 05/29/2014 016884 CREATIVE DATA SOLUTIONS replace laminate edges: council dais 1,500.00 laminate repairs: civic center TCSD Instructor Earnings TCSD Instructor Earnings 164754 05/29/2014 014580 DANCE THEATRE COLLECTIVE Settlement:danceXchange 05/20 164755 05/29/2014 004192 DOWNS ENERGY FUEL & LUBRICANTS 1,200.00 5,700.00 252.00 168.00 420.00 203.00 203.00 Fuel for City vehicles:CIP PW & NPDES 350.71 Fuel for City vehicles: Plan & Bldg 217.99 Fuel for City vehicles:city mgr & tcsd 164756 05/29/2014 002981 DYNA MED First aid supplies:aquatics pgrm 164757 05/29/2014 002390 EASTERN MUNICIPAL WATER Apr water meter:39569 Seraphina Rd DIST 164758 05/29/2014 011202 EMH SPORTS USA, INC TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 156.99 725.69 215.15 215.15 359.36 359.36 798.00 665.00 595.00 2,058.00 Page2 apChkLst Final Check List Page: 3 05/29/2014 11:10:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 164759 05/29/2014 016781 EVERLAST CLIMBING Bike racks & fix it station:Old Town INDUSTRIES Amount Paid Check Total 2,366.20 2,366.20 164760 05/29/2014 001056 EXCEL LANDSCAPE, INC. lake pump maint srvc: duck pond 700.20 replace landscape material:civic ctr 624.00 install flowers:old town & town square 480.00 irrigation and ldscp repairs: var parks 403.25 irrigation repairs: crowne hill slope 330.88 irrigation and Idscp repairs: var parks 307.75 APR 14 LDSCP MAINT SRVC: JRC 200.00 3,046.08 164761 05/29/2014 015345 EXPRESS VIDEO SUPPLY, INC. Camera for AV Room -Special Events 4,359.95 4,359.95 164762 05/29/2014 003053 FAGAN, MATTHEW Performance of music: gallery receptions 125.00 125.00 164763 05/29/2014 000165 FEDERAL EXPRESS INC 4/30-5/8/14 Express mail services 79.31 79.31 164764 05/29/2014 003347 FIRST BANKCARD CENTER 013112 SAN DIEGO VENTURE GROUP AA San Diego Venture membership dues 705.00 014583 PALUMBO'S RISTORANTE, LLC AA rfrshmnts: mid mgrs meeting 4/29 350.17 000293 STADIUM PIZZA INC AA refreshments: Bus Dev Seminar 04/26 279.42 014115 GAMBLING COWBOY AA city council refreshments mtg: 04/22 253.28 CHOPHOUSE, THE 016886 MANDALAY BAY AA Int'I Conf of Shopping Ctrs- Adams, A 227.36 016886 MANDALAY BAY AA Int'I Conf of Shopping Ctrs- 227.36 013112 SAN DIEGO VENTURE GROUP AA Event registration: venture summit 14 160.00 016886 MANDALAY BAY AA Int'I Conf of Shopping Ctrs- 156.80 016886 MANDALAY BAY AA Int'I Conf of Shopping Ctrs- Damko, C 156.80 013812 DFIT SUBS, LLC AA Rfrshmnts: Business incurbator mtg 156.58 009720 STARBUCKS CORPORATION AA refreshments: Code Camp TVE2 4/26 135.00 016885 THEPAPERMILLSTORE.COM AA card stock: State of the City event 73.60 013442 WILDOMAR, CITY OF AA State of the City 30.00 004953 PETE'S MUSIC AA drum sticks for State of the City 5.00 AA interest charges reversed -75.96 2,840.41 164765 05/29/2014 010326 G E MOBILE WATER, INC MAY 14 WATER FILTRATION 95.04 95.04 PARTS:STN 73 Page:3 apChkLst Final Check List Page: 4 05/29/2014 11:10:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 164766 05/29/2014 009608 GOLDEN VALLEY MUSIC Settlement:Classics...Merc May 2014 1,239.70 1,239.70 SOCIETY 164767 05/29/2014 014405 GORM INCORPORATED misc custodial supplies: var park sites 4,419.90 4,419.90 164768 05/29/2014 003792 GRAINGER irrigation boosterpump:crowne hill 1,163.57 1,163.57 164769 05/29/2014 016131 GREEN GUARD SERVICES, INC kitchen equipment srvc:pbsp snackbar 450.00 450.00 164770 05/29/2014 016916 HARRIS, PRUDENCE refund:sec dep:rm rental:Harveston 200.00 200.00 164771 05/29/2014 011049 HOSPICE OF THE VALLEY Donation: Halloween Carnival Booth 2013 100.00 100.00 164772 05/29/2014 016614 IE, INC. refund 80% of bldg fees:B14-0569 135.30 135.30 164773 05/29/2014 012912 INLAND VALLEY BRIDGE, UNIT refund:sec dep:rm rental:CRC 200.00 200.00 #534 164774 05/29/2014 015188 JONES TEMECULA refund bal.:burrowing owl study 1,059.72 1,059.72 164775 05/29/2014 000548 KIPLINGER LETTER, THE 1 yr Subscription:M.Naggar 99.00 99.00 164776 05/29/2014 014817 LAPP, JEREMY SCOTT Settlement:Cabaret...Merc 05/25/14 1,479.00 1,479.00 164777 05/29/2014 016110 LDCO, INC. APR CONST CONTRACT:TCC 270,299.23 270,299.23 RENOVATION 164778 05/29/2014 003782 MAIN STREET SIGNS misc traffic signs: pw street maint div 736.06 misc traffic signs: pw street maint 484.38 City seal stickers:csd 255.00 1,475.44 164779 05/29/2014 000217 MARGARITA OFFICIALS ASSN Mar 14 Officiating Svcs: Sports programs 4,514.00 4,514.00 164780 05/29/2014 014392 MC COLLOUGH, JILL DENISE May 14 lease interior plantscape: cvc 525.00 May 14 lease interior plantscape: 200.00 725.00 164781 05/29/2014 016914 MCLEAN-NICOLAS, TANIA refund:sec dep:picnic rental:RRSP 200.00 200.00 164782 05/29/2014 013443 MIDWEST TAPE LLC Temecula Library: A/V collections 43.19 43.19 Page:4 apChkLst Final Check List Page: 5 05/29/2014 11:10:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 164783 05/29/2014 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 403.20 ANN TCSD Instructor Earnings 338.10 741.30 164784 05/29/2014 010908 MR APPLIANCE OF freezer repair srvcs: crc— 377.42 WINCHESTER freezer repair srvcs: crc 319.78 697.20 164785 05/29/2014 016883 MUNICIPAL MANAGEMENT Membership: Lehner, Lynn 75.00 75.00 164786 05/29/2014 006077 N T H GENERATION Renewal CommVault 6/5-7/31/15: IT 8,445.00 8,445.00 COMPUTING INC 164787 05/29/2014 015122 NI GOVERNMENT SERVICES, Apr satellite phone srvc:EOC/Fire 152.10 152.10 INC. 164788 05/29/2014 014786 NORTH, KATHERINE MAY Executive staff photo: Tom Garcia 85.00 85.00 164789 05/29/2014 003964 OFFICE DEPOT BUSINESS SVS MISC OFFICE SUPPLIES:FINANCE DIV DEPT MISC OFFICE SUPPLIES:FINANCE DEPT MISC OFFICE SUPPLIES:FINANCE DEPT 78.14 32.77 11.39 122.30 164790 05/29/2014 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Fire 677.13 City Vehicle Maint Svcs:Fire 164791 05/29/2014 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:INFO TECH 164792 05/29/2014 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Code Enf 2,173.39 2,850.52 786.42 786.42 704.65 704.65 164793 05/29/2014 013115 PETERSON NUGENT, KRISTIN TCSD Instructor Earnings 218.40 TCSD Instructor Earnings 145.60 364.00 164794 05/29/2014 001999 PITNEY BOWES 164795 05/29/2014 002185 POSTMASTER 164796 05/29/2014 000254 PRESS ENTERPRISE COMPANY INC 164797 05/29/2014 002072 RANCHO CALIF WATER DIST-FEES 164798 05/29/2014 002072 RANCHO CALIF WATER DIST-FEES 6/16-9/15 postage mtr rental:Stn 84 98.29 98.29 postage for city newsletter:summer 6,148.28 6,148.28 Apr advertising:Egg Hunt 474.00 474.00 Install water meter:F.V. Pkwy ph I 10,529.18 10,529.18 Irrig/recycled water plan ck:Ult.Intrchg 3,414.95 3,414.95 Page:5 apChkLst Final Check List Page: 6 05/29/2014 11:10:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 164799 05/29/2014 000262 RANCHO CALIF WATER DISTRICT 164800 05/29/2014 002654 RANCHO FORD LINCOLN MERCURY 164801 05/29/2014 009725 RAZAVI, MANDIS 164802 05/29/2014 000406 RIVERSIDE CO SHERIFFS DEPT 164803 05/29/2014 001097 ROADLINE PRODUCTS INC 164804 05/29/2014 002226 RUSSO, MARY ANNE (Continued) Description Amount Paid Check Total May var water meters:TCSD svc lev C 18,599.63 May var water meters:41951 Moraga Rd 1,102.67 May var water meters:PW various sites 751.05 APR LNDSCP WATER METER:CALLE ELE 72.90 20,526.25 Vehicle purchase: pw maint div 39,518.40 39,518.40 TCSD Instructor Earnings 358.40 358.40 Taste of Temecula patrol srvcs 4/26 1,263.90 1,263.90 misc parts & supplies:pw street maint 1,303.56 1,303.56 TCSD Instructor Earnings TCSD Instructor Earnings 164805 05/29/2014 013376 SECURITY SIGNAL DEVICES security alarm sys srvcs: civic center INC 164806 05/29/2014 009213 SHERRY BERRY MUSIC Jazz @ the Merc 5/22/14 Jazz @ the Merc 5/23/14 164807 05/29/2014 009746 SIGNS BY TOMORROW vinyl lettering for signs:civic center 164808 05/29/2014 000645 SMART & FINAL INC 164809 05/29/2014 000537 SO CALIF EDISON 248.50 168.00 278.00 537.00 416.50 278.00 499.80 1,036.80 36.36 36.36 Misc supplies:F/D Date Night 391.73 Misc supplies: F/D Date Night May 2-27-560-0625:32380 Deerhollow Apr 2-35-403-6337:41375 McCabe Ct May 2-30-296-9522:46679 Primrose Ave May 2-28-331-4847:32805 Pauba Rd May 2-30-099-3847:29721 Ryecrest 144.16 535.89 2,949.68 673.01 335.78 102.51 24.80 164810 05/29/2014 001212 SO CALIF GAS COMPANY May 055-475-6169-5:32380 Deerhollow 195.81 May 015-575-0195-2:32211 Wolf Vly Rd 125.34 164811 05/29/2014 000519 SOUTH COUNTY PEST pest control srvcs:wolf creek park 49.00 CONTROL INC pest control srvcs:TCC/Safe pest control srvcs:6th street prkg lot pest control srvcs:6th street restrooms 164812 05/29/2014 000293 STADIUM PIZZA INC Refreshments:F/D Date Night 49.00 49.00 49.00 4,085.78 321.15 196.00 41.88 41.88 Page:6 apChkLst Final Check List Page: 7 05/29/2014 11:10:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 164813 05/29/2014 008337 STAPLES BUSINESS ADVANTAGE 164814 05/29/2014 014420 STEVE SPANGLER, INC. 164815 05/29/2014 009811 SUNNY HILLS TOWING INC 164816 05/29/2014 009948 TEMECULA PERFORMING ARTS CO 164817 05/29/2014 005318 TEMECULA PLAY & LEARN SCHOOL 164818 05/29/2014 013973 TEMECULA ROTARY 164819 05/29/2014 004260 TEMECULA STAMP & GRAPHICS 164820 05/29/2014 010493 TEMECULA TOWNE CENTER ASSOC LP 164821 05/29/2014 011736 TEMECULA TROPHY INC 164822 05/29/2014 013536 THE GIVING INTERNATIONAL 164823 05/29/2014 015872 THEODORE ROBINS, INC. 164824 05/29/2014 010276 TIME WARNER CABLE Description Amount Paid Check Total Misc office supplies:police old town 170.31 Misc office supplies:police mall office Misc office supplies:police mall office Misc office supplies:police mall office 80.77 48.14 44.93 344.15 Misc supplies:Children's Museum 418.61 418.61 vehicle towing services: Tem. Police 150.00 150.00 "Shrek, The Musical" tckt sales 5/16-25 1,170.36 1,170.36 refund:picnic rental:Pala comm park 200.00 200.00 FY 13/14 Council CSF award 250.00 250.00 Misc stamps:b&s dept 25.54 25.54 Jun lease payment: pd mall office 1,458.33 1,458.33 name plates:civic center 54.00 54.00 refund:picnic rental:RRSP 200.00 200.00 VEHICLE PURCHASE:PUBLIC WORKS 77,734.00 77,734.00 Jun high speed internet:Civic Center 4,205.47 May high speed internet:Fire Stn 92 118.26 4,323.73 164825 05/29/2014 002452 TOP LINE INDUSTRIAL misc equip parts:pw street maint 92.65 92.65 164826 05/29/2014 016913 TRUEHILL, MISTY refund:sec dep:rm rental:Harveston 150.00 150.00 164827 05/29/2014 002110 UNITED RENTALS NORTH misc equip rentals: pw street maint 111.34 AMERICA misc equip rentals: pw street maint 17.82 129.16 164828 05/29/2014 016405 UNLIMITED ENVIRONMENTAL, Feb prgs pmt: Murrieta Crk Bridge 4,824.00 4,824.00 INC. Page:7 apChkLst Final Check List Page: 8 05/29/2014 11:10:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 164829 05/29/2014 004261 VERIZON 164830 05/29/2014 004789 VERIZON (Continued) Description May xxx-8625 general usage Amount Paid Check Total 101.51 101.51 May Internet svcs:Library 184.99 May Internet svcs:Tem PD DSL 49.99 234.98 164831 05/29/2014 006248 WALKER, JESSICA TCSD Instructor Earnings 227.50 227.50 164832 05/29/2014 001881 WATER SAFETY PRODUCTS Misc pool supplies:aquatics pgrm 404.52 404.52 INC 164833 05/29/2014 001342 WAXIE SANITARY SUPPLY INC misc custodial supplies: civic center 1,740.04 1,740.04 164834 05/29/2014 009512 WURMS JANITORIAL May janitorial srvcs:police old town 242.25 242.25 SERVICES, INC 999937 05/22/2014 016887 BARRAZA, NELLY refund:sec dep:rm rental:Harveston 200.00 200.00 999938 05/22/2014 016888 DINSENBACHER, MARTIN refund:Teen top chef 1005.101 60.00 60.00 999939 05/22/2014 016889 FARMERS refund:sec dep:rm rental:conf ctr A/B 100.00 100.00 999940 05/22/2014 016890 FRAGOMENO, DOMINICK refund:Adult coed golf clinic 1504.104 38.00 38.00 999941 05/22/2014 016890 FRAGOMENO, DOMINICK refund:balance on acct 38.00 38.00 999942 05/22/2014 016891 GEIER, LESLIE refund:No-stress watercolor 1070.103 70.00 70.00 999943 05/22/2014 016892 MAGALLANES, LAURA refund:sec dep:rm rental:Harveston 200.00 200.00 999944 05/22/2014 016893 MENDEZ, BONNIE refund:rm rental:Harveston 429.10 429.10 999945 05/22/2014 016893 MENDEZ, BONNIE refund:sec dep:rm rental:Harveston 150.00 150.00 999946 05/22/2014 016894 MITCHELLQ, NETLY refund:Bright scholars 6010.102 269.00 269.00 999947 05/22/2014 016895 MONDRAGON, ERICK refund:CPR/AED course 8250.107 32.00 32.00 999948 05/22/2014 016896 PEAY, BECKY refund:Try scuba 3802.105 25.00 25.00 Page:8 apChkLst Final Check List Page: 9 05/29/2014 11:10:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 999949 05/22/2014 016897 RUST, TERESA 999950 05/22/2014 016898 SCHALBE, SARINYA 999951 05/22/2014 015027 SERRAINO, SARAH 999952 05/22/2014 016899 SIODLA, ERIN 999953 05/22/2014 016900 SUTTON, LAURIE 999954 05/22/2014 016901 THIELEMANN, DARCY 999955 05/22/2014 016902 TORRES, NEFTALI 999956 05/22/2014 016902 TORRES, NEFTALI 999957 05/22/2014 006029 YATES, MIESHA 999958 05/27/2014 016904 BURT, BRAD 999959 05/27/2014 016905 CHECK, CHRISTINE 999960 05/27/2014 016906 CLINGINGSMITH, MAUREEN 999961 05/27/2014 016907 JOHNSON, CLAIRE 999962 05/27/2014 016908 LIU, YING 999963 05/27/2014 016899 SIODLA, ERIN 999964 05/27/2014 016909 TUTHILL, RAQUEL 999965 05/27/2014 016910 BEAN, JAMIE 999966 05/27/2014 016911 MALAND, LAUREN (Continued) Description Amount Paid Check Total refund:Cartooning w/bigfoot 1140.104 40.00 40.00 refund:Beginning gymnastics 1725.103 20.00 20.00 refund:Summer day camp 0405.202 216.00 216.00 refund:CPR/AED course 8250.107 20.00 20.00 refund:Adult coed golf clinic 1504.104 76.00 76.00 refund:Teen top chefs 1005.101 60.00 60.00 refund:Father/daughter date night 10.00 10.00 refund:Father/daughter date night 20.00 20.00 refund:sec dep:rm rental:CRC 200.00 200.00 refund:First aid course 8300.103 40.00 40.00 refund:Yes, you can draw 1035.105 88.00 88.00 refund:First aid course 8300.103 40.00 40.00 refund:TVFEE Spanish 2 9600.304 311.00 311.00 refund:TVFEE creative writing 9600.311 155.00 155.00 refund:First aid course 8300.103 25.00 25.00 refund:TVFEE geometry 9600.302 311.00 311.00 refund:sec dep:rm rental:CRC 200.00 200.00 refund:sec dep:rm rental:Harveston 200.00 200.00 Page -.9 apChkLst Final Check List Page: 10 05/29/2014 11:10:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 999967 05/27/2014 016912 SOLORIO, RAY refund:sec dep:rm rental:Harveston Amount Paid Check Total 200.00 200.00 Grand total for UNION BANK OF CALIFORNIA: 1,100,718.43 Page:10 apChkLst Final Check List Page: 11 05/29/2014 11:10:08AM CITY OF TEMECULA 139 checks in this report. Grand Total All Checks. 1,100,718.43 Page:11 apChkLst Final Check List Page: 1 06/05/2014 3:59:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description 2448 06/05/2014 000642 TEMECULA CITY FLEXIBLE CHILD CARE REIMBURSEMENT PAYMENT 2449 06/05/2014 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 2450 06/05/2014 000194 ICMA RETIREMENT -PLAN ICMA RETIREMENT TRUST 457 303355 PAYMENT 2451 06/05/2014 000246 PERS (EMPLOYEES' PERS ER PAID MEMBER CONTR RETIREMENT) PAYMENT 2452 06/05/2014 000283 INSTATAX (IRS) 2453 06/05/2014 000444 INSTATAX (EDD) 2454 06/05/2014 010349 CALIF DEPT OF CHILD SUPPORT Amount Paid Check Total 5,501.52 5,501.52 15,155.24 15,155.24 5,412.67 5,412.67 138, 554.10 138, 554.10 FEDERAL INCOME TAXES PAYMENT 77,573.16 77,573.16 STATE DISABILITY INS PAYMENT 21,617.44 21,617.44 SUPPORT PAYMENT 1,516.60 1,516.60 2455 06/05/2014 000245 PERS - HEALTH INSUR ANTHEM BLUE CROSS SELECT 96,644.80 PREMIUM PAYMENT ANTHEM BLUE CROSS SELECT PAYMEN 0.00 2456 06/05/2014 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 3,357.24 SOLUTION PAYMENT 164836 06/05/2014 003552 A F LAC AFLAC HOSPITAL ADVANTAGE 3,360.00 PAYMENT 164837 06/05/2014 004973 ABACHERLI, LINDI TCSD instructor earnings 280.00 164838 06/05/2014 016764 ABM BUILDING SERVICES, LLC HVAC REPAIRS:CRC INSTALL FAN CONTROL BOARD:HARV Ci 164839 06/05/2014 001517 AETNA BEHAVIORAL HEALTH, Jun 14 Employee assistance prgm LLC 164840 06/05/2014 010904 AFECO INC FIRE EQUIPMENT: STA92 164841 06/05/2014 014531 ALLEN EMBROIDERY SERVICE embroidery:code enf uniform shirts 164842 06/05/2014 006915 ALLIE'S PARTY EQUIPMENT TABLE LINENS RENTAL:FATHER/DAUGHTER DATE 206.24 180.78 664.40 299.57 69.12 96,644.80 3,357.24 3,360.00 280.00 387.02 664.40 299.57 69.12 284.82 284.82 Pagel apChkLst 06/05/2014 3:59:06PM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 164843 06/05/2014 004240 AMERICAN FORENSIC NURSES (AFN) 164844 06/05/2014 002187 ANIMAL FRIENDS OF THE VALLEYS 164845 06/05/2014 004623 AQUA SOURCE INC 164846 06/05/2014 011954 BAKER & TAYLOR INC 164847 06/05/2014 013482 BAS SECURITY 164848 06/05/2014 007385 BAUDVILLE, INC. 164849 06/05/2014 016232 BEEPSMART COMMUNICATIONS, INC 164850 06/05/2014 004262 BIO-TOX LABORATORIES 164851 06/05/2014 014284 BLAKELY'S TRUCK SERVICE 164852 06/05/2014 004462 C D W GOVERNMENT INC 164853 06/05/2014 016936 CABEBE, JACLYN 164854 06/05/2014 003138 CAL MAT 164855 06/05/2014 004228 CAMERON WELDING SUPPLY (Continued) Description Phlebotomy srvcs:temecula police Phlebotomy srvcs:temecula police Mar 14 Animal control srvcs:temecula WATER HEATER PREV MAINT:CRC TEMECULA LIBRARY:MISC COLLECTIONS TEMECULA LIBRARY:MISC COLLECTION MAY SECURITY:HARVESTON LAKE PARK Visitor pass login:front reception Misc Toner & Ink:info tech Drug & alcohol analysis:police Drug & alcohol analysis:police Drug & alcohol analysis:police VAR VEH EQUIP REPAIRS:STREET MAINT VAR VEH EQUIP REPAIRS:STREET MAIN VAR VEH EQUIP REPAIRS:STREET MAIN VAR VEH EQUIP REPAIRS:STREET MAIN VAR VEH EQUIP REPAIRS:STREET MAIN Signature terminal:Energov Project refund:sec dep:rm rental:Harveston ASPHALT MATERIAL:CITYWIDE STREET REPAIRS ASPHALT MATERIAL:CITYWIDE STREET Helium tanks rental/refill:TCSD Helium tanks rental/refill:TCSD Helium tanks rental/refill:TCSD Helium tanks rental/refill:TCSD Helium tanks rental/refill:TCSD Amount Paid Check Total 169.52 508.56 10,000.00 1,570.00 12.20 1,936.41 1,564.00 781.50 5,192.64 826.00 1,521.00 928.00 353.88 152.00 80.00 919.18 192.00 2,853.25 200.00 242.13 97.06 72.80 74.96 58.40 63.80 74.96 678.08 10,000.00 1,570.00 1,948.61 1,564.00 781.50 5,192.64 3,275.00 1,697.06 2,853.25 200.00 339.19 344.92 164856 06/05/2014 016064 CDCE, INC. MEDICAL SUPPLIES:MEDICS 350.21 350.21 Page2 apChkLst Final Check List Page: 3 06/05/2014 3:59:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 164857 06/05/2014 005311 CERTIFIED POOL WATER SPCL. (Continued) Description MAY WATER FOUNTAIN MAINT:CIVIC CTR/TOWN MAY FOUNTAIN MAINT:TOWN SQUARE MAY SWIMMING POOL MAINT SVC:CRC Amount Paid Check Total 550.00 350.00 1,025.00 1,925.00 164858 06/05/2014 016937 CHAIDES, VALERIE refund:sec dep:rm rental:Harveston 150.00 150.00 164859 06/05/2014 003775 CHAPARRAL HIGH SCHOOL refund:sec dep:conf ctr A/B 3/12 150.00 150.00 164860 06/05/2014 003775 CHAPARRAL HIGH SCHOOL refund:sec dep:conf ctrA/B 5/29 150.00 150.00 164861 06/05/2014 014726 CHAPTER 13 STANDING SUPPORT PAYMENT 182.77 182.77 TRUSTEE 164862 06/05/2014 012627 CLEAR IMAGE ENTERPRISES CLEAN EXTERIOR & INTERIOR 300.00 INC WINDOWS:FOC WINDOW CLEANING SVCS:TVE2 & FOC 250.00 164863 06/05/2014 015090 CLEARWATER SYSTEMS CORP HVAC CONDENSER H2O PREV 550.00 MAINT:CIV CTR 550.00 550.00 164864 06/05/2014 004091 COMMUNITY ACCESS CENTER '14 VOAD membership dues:Fire 50.00 50.00 164865 06/05/2014 004405 COMMUNITY HEALTH COMMUNITY HEALTH CHARITIES 24.00 24.00 CHARITIES PAYMENT 164866 06/05/2014 000442 COMPUTER ALERT SYSTEMS ALARM MONITOR SVCS:LIBRARY 75.00 75.00 164867 06/05/2014 000447 COMTRONIX repair & maint:city veh #1095250 COMMUNICATIONS 100.00 100.00 164868 06/05/2014 002945 CONSOLIDATED ELECTRICAL MISC ELECTRICAL SUPPLIES:CIVIC 540.00 DIST. CENTER MISC ELECTRICAL SUPPLIES:CIVIC CEN 287.06 MISC ELECTRICAL SUPPLIES:OT GARAC 351.00 MISC ELECT SUPPLIES:VAR PARKS 155.52 1,333.58 164869 06/05/2014 011868 CONVALIAN PRODUCTIONS PERFORMER:SUMMER CONCERT 1,500.00 1,500.00 SERIES 6/26 164870 06/05/2014 013379 COSSOU, CELINE TCSD Instructor Earnings 308.00 308.00 164871 06/05/2014 004329 COSTCO TEMECULA#491 MISC SUPPLIES:TCSD SPECIAL EVENTS 164872 06/05/2014 000209 CROP PRODUCTION SERVICES MISC SMALL TOOLS & EQUIP:CIVIC CENTER 88.01 88.01 1,078.92 1,078.92 Page:3 apChkLst Final Check List Page: 4 06/05/2014 3:59:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 164873 06/05/2014 003272 DAISY WHEEL RIBBON Plotter paper and Ink: GIS COMPANY INC 164874 06/05/2014 001393 DATA TICKET, INC. APR 14 PARKING CITATION PROCESSING:POLIC 164875 06/05/2014 013812 DFIT SUBS, LLC Refreshments: Employee Luncheon 164876 06/05/2014 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOMS:STREET SRVCS PAINTING FESTI 164877 06/05/2014 004192 DOWNS ENERGY FUEL & LUBRICANTS Amount Paid Check Total 1,448.33 1,448.33 1,376.16 1,376.16 1,215.00 1,215.00 409.20 409.20 FUEL FOR CITY VEHICLES:POLICE 73.22 Fuel for city vehicles:code enf Fuel for city vehicles:TCSD Fuel for city vehicles:PW Traffic Fuel for city vehicles:PW Maint Fuel for city vehicles:Lnd dev/NPDES Fuel for city vehicles:PW,tcsd,B&S 216.58 173.15 319.71 1,212.83 125.01 1,986.57 164878 06/05/2014 012217 DUDEK FEB PALEO CULTURAL 643.29 STUDY:SHEARWATER CRK JAN PALED CULTURAL STUDY:SHEARW 2,795.38 164879 06/05/2014 002528 EAGLE GRAPHIC CREATIONS business recognition awards:eco dev 131.76 INC 164880 06/05/2014 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Earnings 393.75 AILEEN 4,107.07 3,438.67 131.76 TCSD Instructor Earnings 204.75 TCSD Instructor Earnings 283.50 TCSD Instructor Earnings 173.25 TCSD Instructor Earnings 220.50 TCSD Instructor Earnings 204.75 TCSD Instructor Earnings 236.25 TCSD Instructor Earnings 220.50 TCSD Instructor Earnings 157.50 TCSD Instructor Earnings 157.50 TCSD Instructor Earnings 267.75 2,520.00 164881 06/05/2014 004829 ELLISON WILSON ADVOCACY Jun 14 state legis cnsltng svcs: cm 3,500.00 3,500.00 LLC 164882 06/05/2014 011292 ENVIRONMENTAL SCIENCE MAR ADDT'L ANALYSIS:JEFFERSON 9,551.61 9,551.61 ASSOC. SPEC PLAN 164883 06/05/2014 002939 ENVIRONMENTAL SYSTEMS ArcGis NetworkAnalyst:GIS RESEARCH 2,700.00 2,700.00 Page:4 apChkLst Final Check List Page: 5 06/05/2014 3:59:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 164884 06/05/2014 015966 ERGO SOLUTION INC ERGONOMIC SVCS 3/27:CD, CK 164885 06/05/2014 001056 EXCEL LANDSCAPE, INC. OVERSEEDING TURF:REDHAWK DOG PARK IRRIG REPAIR SVCS:CROWNE HILL SLOI IRRIG & LDSCP REPAIRS: VAR PARKS LDSCP PLANTING SVCS:PECHANGA ME LDSCP REHABILITATION:WOLF CREEK Amount Paid Check Total 500.00 500.00 564.00 362.21 427.47 960.00 740.00 3,053.68 164886 06/05/2014 005901 EXHIBIT ENVOY FINAL PMT:BEAR IN MIND 2,100.00 2,100.00 EXHIBIT:HIST. MUS 164887 06/05/2014 000165 FEDERAL EXPRESS INC May Express mail services 311.88 311.88 164888 06/05/2014 014819 FLATIRON WEST, INC. APR CONST: FRENCH VALLEY PKWY 131,735.96 131,735.96 PROJECT 164889 06/05/2014 015767 FOODSERVICEWAREHOUSE.0 Ice -O -Matic machine: TCC 1,983.00 1,983.00 OM 164890 06/05/2014 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 100.00 100.00 164891 06/05/2014 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING SUPPLIES:THEATER 92.55 92.55 164892 06/05/2014 010326 G E MOBILE WATER, INC water filtration parts:Sta 73 63.72 63.72 164893 06/05/2014 001937 GALLS INC Volunteer uniforms:temecula police 41.04 Volunteer uniforms:temecula police 19.44 60.48 164894 06/05/2014 013076 GAUDET, YVONNE M. TCSD instructor earnings 462.00 164895 06/05/2014 003592 GRANITE CONSTRUCTION APR CONST:MAIN STREET BRIDGE 446,356.41 COMPANY REPLCMNTS 164896 06/05/2014 015451 GREATAMERICA FINANCIAL JUN COPIER LEASE:TVE2 289.44 SVCS JUN COPIER LEASE: CENTRAL SERVICE 1,341.70 JUN COPIER LEASE:CENTRAL SERVICE: 520.09 164897 06/05/2014 014402 GROEPPER, BROOKE TCSD instructor earnings 985.60 ELIZABETH TCSD instructor earnings TCSD instructor earnings 1,478.40 3,183.60 462.00 446,356.41 2,151.23 5,647.60 164898 06/05/2014 002174 GROUP 1 PRODUCTIONS Videography srvcs:State of City event 5,000.00 5,000.00 Page:5 apChkLst Final Check List Page: 6 06/05/2014 3:59:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 164899 06/05/2014 000186 HANKS HARDWARE INC 164900 06/05/2014 000520 HDL COREN & CONE INC (Continued) Description Amount Paid Check Total MISC AQUATIC MAINT SUPPLIES:VAR 62.68 62.68 POOLS APR -JUN CONSULTING 5,250.00 5,250.00 SVCS:PROPERTY TAX 164901 06/05/2014 015654 HERMES, WILLIAM KENNETH PERF:SUMMER CONCERT SERIES 6/5 1,500.00 1,500.00 164902 06/05/2014 010210 HOME DEPOT SUPPLY INC, MISC MAINT SUPPLIES:OLD TOWN 2,209.36 2,209.36 THE MAINT 164903 06/05/2014 010210 HOME DEPOT SUPPLY INC, SMALL TOOLS & EQUIP:PARKING THE GARAGE 164904 06/05/2014 004984 INDEPENDENT ROOFING 4/14-5/25 Roof consulting srvcs:TCC CONSULTANT 164905 06/05/2014 013695 INLAND EMPIRE SHRED IT SHRED SVCS: RECORDS DIVISION -LIBRARY SHRED SVCS: RECORDS DIVISION -CRC SHRED SVCS: RECORDS - CIVIC CTR 164906 06/05/2014 011228 INLAND PLANNING AND APR DESIGN GUIDELINES:UPTOWN DESIGN INC JEFFERSON 752.73 752.73 7,380.00 7,380.00 15.00 16.80 60.00 91.80 1,700.00 1,700.00 164907 06/05/2014 006914 INNOVATIVE DOCUMENT Apr 14 copier maint/repair: citywide 5,769.57 SOLUTIONS Apr 14 copier maint/repair: citywide 806.63 6,576.20 164908 06/05/2014 001407 INTER VALLEY POOL SUPPLY POOL SUPPLIES:VAR SWIMMING 563.76 563.76 INC POOLS 164909 06/05/2014 010676 INTERWEST CONSULTING MAR CONSULTING SVCS:BLDG 1,120.00 1,120.00 GROUP INC INSPECTOR 164910 06/05/2014 016669 (SMART INTERNATIONAL TCSD Instructor Earnings 392.00 ACADEMY TCSD Instructor Earnings 308.00 700.00 164911 06/05/2014 012883 JACOB'S HOUSE INC JACOB'S HOUSE CHARITY PAYMENT 40.00 40.00 164912 06/05/2014 000820 K R W & ASSOCIATES MAY ENG PLAN CHECK SVCS:PW 2,530.00 2,530.00 LAND DEV 164913 06/05/2014 015358 KELLY PAPER COMPANY, INC. wide format rolls/lam supp:central sery 41.68 41.68 164914 06/05/2014 001282 KNORR SYSTEMS INC aquatic fac ops course: Nordgren, Karl 401.00 401.00 Page:6 apChkLst Final Check List Page: 7 06/05/2014 3:59:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 164915 06/05/2014 000488 KNOTTS BERRY FARM 164916 06/05/2014 004947 KOSS INTERNATIONAL CORP. 164917 06/05/2014 001085 L N CURTIS & SONS 164918 06/05/2014 013879 LAKESHORE LEARNING MATERIALS 164919 06/05/2014 004412 LEANDER, KERRY D. 164920 06/05/2014 000482 LEIGHTON CONSULTING INC 164921 06/05/2014 003726 LIFE ASSIST INC 164922 06/05/2014 004230 LINCOLN EQUIPMENT INC 164923 06/05/2014 013982 M C I COMM SERVICE 164924 06/05/2014 004141 MAINTEX INC 164925 06/05/2014 016911 MALAND, LAUREN 164926 06/05/2014 006571 MELODY'S AD WORKS INC. 164927 06/05/2014 003076 MET LIFE INSURANCE COMPANY 164928 06/05/2014 013443 MIDWEST TAPE LLC 164929 06/05/2014 012962 MILLER, MISTY (Continued) Description TCSD excursion:youth advisory council CHALK:STREET PAINTING FESTIVAL FIRE RESCUE EQUIPMENT: STA73 MISC SUPPLIES:VAR CRC PGRMS TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Apr 14 Geotechnical srvcs for TCC: pw APR SOILS/MATERIALS TESTING:TCC EMERGENCY MEDICAL SUPPLIES:MEDICS CPR CLASS SUPPLIES: MEDICS CPR CLASS SUPPLIES:MEDICS EMERGENCY MEDICAL SUPPLIES:MEDI( EMERGENCY MEDICAL SUPPLIES:MEDI( LIFEGUARD UMBRELLA:AQUATICS PGRM LIFEGUARD UMBRELLA:AQUATICS PGRI May xxx-0346 general usage MAY XXX -0714 GEN USAGE:PD MALL AL) MISC CUSTODIAL SUPPLIES:VAR SITES Re-issue:sec dep:rm rental:harveston CONSULTANT SVCS:STREET PAINTING FESTIVAL CONSULTANT SRVCS:ART FEST, STREE CONSULTANT SVCS:CHILI COOK -OFF METLIFE DENTAL INSURANCE PAYMENT TEMECULA LIBRARY:A/V COLLECTIONS TCSD Instructor Earnings TCSD Instructor Earnings Amount Paid Check Total 880.80 880.80 1,416.61 1,416.61 2,095.44 2,095.44 16.86 16.86 882.00 252.00 409.50 1,543.50 15,227.30 875.20 16,102.50 23.81 246.89 613.53 1,250.55 1,781.17 3,915.95 245.84 183.94 429.78 30.58 31.48 62.06 2,941.38 2,941.38 200.00 200.00 3,500.00 115.64 67.90 3,683.54 8,595.58 8,595.58 75.57 75.57 441.00 269.50 710.50 Page:7 apChkLst 06/05/2014 3:59:06PM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 164930 06/05/2014 012264 MIRANDA, JULIO C. 164931 06/05/2014 016933 MORALES, JERRI 164932 06/05/2014 004040 MORAMARCO, ANTHONY, J. 164933 06/05/2014 010908 MR APPLIANCE OF WINCHESTER 164934 06/05/2014 001986 MUZAK LLC 164935 06/05/2014 002925 NAPAAUTO PARTS 164936 06/05/2014 015164 NATURES IMAGE, INC 164937 06/05/2014 003964 OFFICE DEPOT BUSINESS SVS DIV 164938 06/05/2014 002105 OLD TOWN TIRE & SERVICE 164939 06/05/2014 002105 OLD TOWN TIRE & SERVICE 164940 06/05/2014 004538 PAULEY EQUIPMENT COMPANY (Continued) Description TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings refund:VICR fee:Receipt #315600 TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings ICE MACHINE REPAIR SVC:INV #31176 KITCHEN EQUIP REPAIR SVCS:CRC KITCHEN EQUIP REPAIR: PBSP SNACK E Jun dish network prgm:41952 6th st Jun dish network programming: FOC VEHICLE MAINTENANCE: STA 92 AUTO PARTS & MISC SUPPLIES:MEDICS RET. REL.:ENVIRO MITIGATION:FV INTERCHG MISC OFFICE SUPPLIES: HR DEPT MISC OFFICE SUPPLIES: HR DEPT City Vehicle Maint Svcs:PW CIP City Vehicle Maint Svcs:PW CIP City Vehicle Maint Svcs:PW Street Maint City Vehicle Maint Svcs:PW Land Dev City Vehicle Maint Svcs:PW Parks Maint City Vehicle Maint Svcs:PW Parks Maint CITY VEHICLE MAINT SVCS:TCSD CITY VEHICLE MAINT SVCS:TCSD CITY VEHICLE MAINT SVCS:TCSD Veh repair & maint:Police Amount Paid Check Total 235.20 352.80 264.60 294.00 205.80 176.40 235.20 264.60 88.20 126.00 630.00 308.00 770.00 546.00 157.50 112.00 217.50 555.89 538.89 55.00 135.85 432.41 346.58 1,057.40 2.10 36.06 183.43 523.21 165.35 76.00 298.17 80.27 217.82 95.00 117.04 2,116.80 126.00 2,523.50 1,312.28 190.85 778.99 1,057.40 38.16 1,246.16 510.13 882.23 882.23 Page:8 apChkLst Final Check List Page: 9 06/05/2014 3:59:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 164941 06/05/2014 000249 PETTY CASH Petty Cash Reimbursement 564.39 564.39 164942 06/05/2014 016529 PIONEER CREDIT RECOVERY SUPPORT PAYMENT 52.70 52.70 INC 164943 06/05/2014 010338 POOL & ELECTRICAL misc supplies/equipment:var pool sites 50.14 PRODUCTS INC misc supplies/equipment:var pool sites 236.05 misc supplies/equipment:var pool sites 273.07 559.26 164944 06/05/2014 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT 231.20 231.20 INC 164945 06/05/2014 014957 PRN PRODUCTIONS Comedy @ the Merc 5/31/14 254.80 254.80 164946 06/05/2014 013721 PROPET DISTRIBUTORS INC pet waste bags: various parks 2,763.95 2,763.95 164947 06/05/2014 004519 PYRO SPECTACULARS INC Deposit 2014 Fireworks Show 18,000.00 18,000.00 164948 06/05/2014 000262 RANCHO CALIF WATER May var water meters:Fire Stns 477.14 DISTRICT May water meter:30875 Rancho Vista 580.27 May var water meters:TCSD svc lev C 23,870.20 May var water meters:PW var sites 2,485.98 27,413.59 164949 06/05/2014 016863 RANCHO TV, INC. TV repair: Sta 84 234.60 234.60 164950 06/05/2014 000271 RBF CONSULTING 164951 06/05/2014 003591 RENES COMMERCIAL MANAGEMENT 164952 06/05/2014 002412 RICHARDS WATSON & GERSHON 164953 06/05/2014 016938 RIOS, MAYRA 164954 06/05/2014 001365 RIVERSIDE COUNTY OF 164955 06/05/2014 012251 ROTH, DONALD J. 164956 06/05/2014 000815 ROWLEY, CATHY Jan EIR: temecula creek inn 23,100.00 Apr EIR: temecula creek inn 8,000.88 31,100.88 misc weed abatement:var city row 2,720.00 weed abatement: city owned lots 8,750.00 11,470.00 Apr 2014 legal services 75,809.92 75,809.92 refund:sec dep:rm rental:Harveston 200.00 200.00 renew permit:T.E.S. pool 336.00 336.00 TCSD Instructor Earnings 126.00 126.00 TCSD Instructor Earnings 378.00 TCSD Instructor Earnings 336.00 714.00 Page -.9 apChkLst Final Check List Page: 10 06/05/2014 3:59:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 164957 06/05/2014 013827 RYAN MONTELEONE install culvert grate:rncho vista EXCAVATION INC 164958 06/05/2014 007582 SAFEGUARD DENTAL & VISION SAFEGUARD VISION PLAN PAYMENT 164959 06/05/2014 013582 SAN DIEGUITO PUBLISHERS INC 164960 06/05/2014 013376 SECURITY SIGNAL DEVICES INC 164961 06/05/2014 008529 SHERIFF'S CIVIL DIV - CENTRAL Amount Paid Check Total 12,750.00 12,750.00 934.50 934.50 PRINTING SRVCS:RECREATION 1,597.92 BROCHURE PRINTING SRVCS:RECREATION BROCHI 16,816.36 18,414.28 Repair & maint of cameras:var locations 417.00 security alarm sys srvcs: civic center 208.50 625.50 SUPPORT PAYMENT 300.00 300.00 164962 06/05/2014 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT CENTRAL 164963 06/05/2014 009213 SHERRY BERRY MUSIC Reimb/Iodging:Delfeayo Marsalis Quintet Jazz @ the Merc 5/29/14 164964 06/05/2014 004498 SIEMENS INDUSTRY, INC. Install video detection system: traffic TRAFFIC SIG REPAIR & MAINT:R.C./DIAZ Feb traffic signal maint: pw traffic 164965 06/05/2014 000697 SISTER CITIES Annual agency membership dues INTERNATIONAL 217.80 217.80 654.79 331.00 5,738.69 2,721.28 5,732.88 985.79 14,192.85 880.00 880.00 Pagel 0 apChkLst Final Check List Page: 11 06/05/2014 3:59:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 164966 06/05/2014 000537 SO CALIF EDISON 164967 06/05/2014 001212 SO CALIF GAS COMPANY (Continued) Description Amount Paid Check Total May 2-14-204-1615:30027 Front st rdio 40.84 May 2-02-351-4946:41845 6th St 1,095.58 May 2-35-164-3515:32932 Leena Way 25.08 May 2-35-164-3663:42335 Meadows pkwy 25.22 May 2-35-164-3770:43487 Butterfield stg 26.76 May 2-35-707-0010:33451 S Hwy -79 PED 52.11 May 2-35-164-3242:44270 Meadows pkwy 26.06 May 2-31-419-2873:43000 Hwy -395 24.66 May 2-33-357-5785:44747 Redhawk pkwy 29.48 May 2-29-933-3831:43230 Bus prk dr 1,539.68 May 2-19-171-8568:28300 Mercedes 59.53 May 2-31-912-7494:28690 Mercedes 896.00 May 2-35-664-9053:29119 Margarita 293.46 May 2-29-223-8607:42035 2nd St PED 561.81 May 2-29-657-2787:41638 Winchester 24.80 May 2-29-807-1093:28079 Diaz Rd 25.22 May 2-31-536-3655:41904 Main St 966.43 May 2-29-807-1226:28077 Diaz Rd 25.36 May 2-31-031-2616:27991 Diaz Rd 25.49 May 2-31-282-0665:27407 Diaz Rd 25.62 May 2-31-536-3481:41902 Main St 173.32 May 2-34-333-3589:41702 Main St 26.01 May 2-35-074-2847:26902 Jefferson Ave 44.89 May 2-21-981-4720:30153 Tem pkwy tpp 22.40 May 2-28-904-7706:32329 Overland trl 125.79 May 2-18-937-3152:28314 Mercedes 547.81 May 2-29-224-0173:32364 Overland trl 1,784.80 May 2-34-624-4452:32131 S Loop Rd 711.29 May 2-32-903-8293:41000 Main St 13,285.35 May 2-25-393-4681:41951 Moraga Rd 536.02 May 028-025-1468-3:41375 McCabe Ct 19.81 May 125-244-2108-3:30600 Pauba Rd 69.36 May 055-461-2483-4:40135 Village Rd 36.37 May 026-671-2909-8:42051 Main St 95.89 May 129-535-4236-7:41000 Main St 918.15 May 196-025-0344-3:42081 Main St 2.21 May 181-383-8881-6:28314 Mercedes 25.33 May 021-725-0775-4:41845 6th St 83.76 Apr 133-040-7373-0:43210 Bus prk dr 40.77 May 091-024-9300-5:30875 Rancho vista 2,159.81 May 129-582-9784-3:43230 Bus prk dr 78.25 May 095-167-7907-2:30650 Pauba Rd 161.88 May 101-525-1560-6:27415 Enterprise cir 84.95 May 117-188-6393-6:32131 S Loop Rd 86.04 23,046.87 3,862.58 Page:11 apChkLst Final Check List Page: 12 06/05/2014 3:59:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 164968 06/05/2014 000519 SOUTH COUNTY PEST CONTROL INC 164969 06/05/2014 016939 SPERO VINEYARDS, INC (Continued) Description Amount Paid Check Total May pest control srvcs: City facilities 693.00 pest control srvcs: tes pool building 70.00 FY 13/14 Council CSF award 1,000.00 763.00 1,000.00 164970 06/05/2014 000293 STADIUM PIZZA INC Performer concessions:veterans day 297.01 297.01 164974 06/05/2014 007762 STANDARD INSURANCE MANDATORY LIFE INSURANCE 9,136.79 9,136.79 COMPANY PAYMENT 164975 06/05/2014 012723 STANDARD INSURANCE VOLUNTARY SUPP LIFE INSURANCE 746.70 746.70 COMPANY PAYMENT 164976 06/05/2014 016262 STEVE ADAMIAK GOLF TCSD Instructor Earnings 420.00 INSTRUCTION TCSD Instructor Earnings 525.00 TCSD Instructor Earnings 224.00 TCSD Instructor Earnings 224.00 TCSD Instructor Earnings 448.00 TCSD Instructor Earnings 385.00 TCSD Instructor Earnings 210.00 2,436.00 164977 06/05/2014 012789 STUART, JENNIFER SARAH TCSD Instructor Earnings 2,731.17 2,731.17 164978 06/05/2014 000305 TARGET BANK BUS CARD Misc supplies: Harveston Center 117.08 117.08 SRVCS 164979 06/05/2014 001547 TEAMSTERS LOCAL 911 UNION DUES PAYMENT 4,747.00 4,747.00 164980 06/05/2014 012265 TEMECULA ACE HARDWARE Hardware & supplies: Sta 92 13.76 13.76 C/O 164981 06/05/2014 016934 TEMECULA GLITZ CHEER Halloween Carnival '13 participation 100.00 100.00 164982 06/05/2014 014496 TEMECULA JOB'S DAUGHTERS Halloween Carnival '13 participation 100.00 100.00 164983 06/05/2014 006305 TEMECULA SISTER CITY ASSN Annual sponsorship '14 3,500.00 3,500.00 164984 06/05/2014 011736 TEMECULA TROPHY INC Trophies:Chili Cook Off '14 158.92 Plaques & trophies:Special Games 1,023.84 1,182.76 164985 06/05/2014 016935 TEMECULA VALLEY IN-LINE Halloween Carnival '13 participation 100.00 100.00 HOCKEY Page:12 apChkLst Final Check List Page: 13 06/05/2014 3:59:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 164986 06/05/2014 005970 TEMECULA VALLEY PLAYERS Advance ticket sales -Hello Dolly 6,927.66 6,927.66 164987 06/05/2014 004274 TEMECULA VALLEY SECURITY locksmith srvcs f/new doors:crc rehab 554.00 554.00 CENTR 164988 06/05/2014 008298 TEMECULA VLY MOTHERS Halloween Carnival '13 participation 100.00 100.00 MULTIPLES 164989 06/05/2014 003941 TEMECULA WINNELSON misc plumbing supplies: crc 11.07 11.07 COMPANY 164990 06/05/2014 010276 TIME WARNER CABLE Jun high speed internet:30600 Pauba Rd 505.24 505.24 164991 06/05/2014 002452 TOP LINE INDUSTRIAL misc equip parts:pw street maint 4.85 misc equip parts:pw street maint 164992 06/05/2014 016231 TREE HOUSE INC. , THE Misc toner & ink for printers:info tech 164993 06/05/2014 000161 TYLER TECHNOLOGIES, INC Mar permitting & land mgmt software Dec permitting & land mgmt software 164994 06/05/2014 014413 U.S. DEPARTMENT OF EDUCATION 164995 06/05/2014 002110 UNITED RENTALS NORTH AMERICA 164996 06/05/2014 000325 UNITED WAY 164997 06/05/2014 014848 VALUTEC CARD SOLUTIONS, LLC 164998 06/05/2014 004261 VERIZON 164999 06/05/2014 014486 VERIZON WIRELESS 165000 06/05/2014 016940 VISTA BUDDHIST TEMPLE 165001 06/05/2014 007511 VLAHOS, CHRIS 165002 06/05/2014 014375 VN ENTERPRISES, INC SUPPORT PAYMENT misc equip rentals: pw street maint UNITED WAY CHARITIES PAYMENT Apr ShoWare gift card service: Theater MAY XXX -8165 ALARM LINES:ENTERPRISE CIR May xxx-2886 general usage:Harveston 5/16-6/15 Broadband svcs:citywide Appearance @ Japanese Festival 5/17 ee computer purchase program landscape mulch: harveston slope landscape mulch: wolf creek slope 52.37 57.22 1,085.40 1,085.40 352.29 3,892.98 261.68 25.52 5.00 4,245.27 261.68 25.52 5.00 39.16 39.16 101.51 120.73 2,313.08 400.00 590.76 5,553.60 222.24 2,313.08 400.00 590.76 2,776.80 8,330.40 Page:13 apChkLst Final Check List Page: 14 06/05/2014 3:59:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 165003 06/05/2014 015513 VTS TRANSPORTATION, INC. Shipping -Bear in Mind exhibit:T. Museum 165004 06/05/2014 011869 WEITZ, MICHELLE S. Entertainment:summer concert 6/12 165005 06/05/2014 003730 WEST COASTARBORISTS INC tree trims & removals: temeku hills emerg tree maint srvcs: various slopes tree trims & removals: hary lake park tree trims&removals: pheasant run tree trims & removals: villages slope tree trims & removals: presley slope tree trims & removals: vail ranch tree trim & plant srvc: vintage hills tree removal,planting: chantemar slope annual tree trimming: city right-of-ways Amount Paid Check Total 1,359.90 1,359.90 1,800.00 1,800.00 7,017.00 2,995.00 1,518.00 69.00 2,021.00 138.00 3,206.00 1,575.00 2,730.00 791.00 22,060.00 165006 06/05/2014 014781 WILLIAMS ARCHITECTS, INC. DESIGN SRVCS: TCC 3,000.00 3,000.00 165007 06/05/2014 015806 WORK ZONE CAM, LLC Maint of video equip: main st. bridge 650.00 650.00 165008 06/05/2014 016874 WRIGHT, DIVINIA Refund:security deposit/Harveston Cntr 200.00 200.00 165009 06/05/2014 003776 ZOLL MEDICAL CORPORATION Paramedic supplies: Medics 2,367.36 2,367.36 999968 05/30/2014 016920 AGUINALDO, DANILO refund:sec dep:rm rental:CRC 200.00 200.00 999969 05/30/2014 016920 AGUINALDO, DANILO refund:rm rental:CRC 160.00 160.00 999970 05/30/2014 016921 CORNEJO, ANTOINETTE refund:TVFEE Spanish 2 9600.304 311.00 311.00 999971 05/30/2014 016922 LAM, THOMAS refund:TVFEE Spanish 2 9600.304 311.00 311.00 999972 05/30/2014 016923 LEE, MICHELLE refund:sec dep:rm rental:CRC 200.00 200.00 999973 05/30/2014 016924 MAGNUSON, PETE refund:TVFEE Economics 9600.306 155.00 155.00 999974 05/30/2014 016925 NAVARRO, MARIA refund:TVFEE Economics 9600.306 310.00 310.00 999975 05/30/2014 016926 PALM, ERIKA refund:TVFEE Ceramics 9600.305 20.00 20.00 Page:14 apChkLst Final Check List Page: 15 06/05/2014 3:59:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 999976 05/30/2014 016927 PRENTICE, SAMUEL refund:TVFEE Government 9600.307 Amount Paid Check Total 310.00 310.00 999977 05/30/2014 016928 SENA, RANAE refund:TVFEE Government 9600.307 155.00 155.00 Grand total for UNION BANK OF CALIFORNIA: 1,456,331.22 Page:15 apChkLst Final Check List Page: 16 06/05/2014 3:59:06PM CITY OF TEMECULA 190 checks in this report. Grand Total All Checks. 1,456,331.22 Page:16 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Gwyn R. Flores, Acting City Clerk DATE: June 24, 2014 SUBJECT: Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements submitted to the Voters at an Election to be held on Tuesday, November 4, 2014 PREPARED BY: Gwyn R. Flores, Acting City Clerk RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 BACKGROUND: The City of Temecula is holding a General Municipal Election on November 4, 2014. The nomination period for the election is July 14, 2014, through August 8, 2014. If an incumbent does not file within that time period, the nomination period will be extended to August 13, 2014. The nomination packet distributed to potential candidates during that time period must include specific information pertaining to candidate statements. The attached resolution is proposed for adoption pursuant to Section 13307, subsection (e), which specifically states: "...(e) Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidate's statement sent to each voter. This decision shall not be revoked or modified after the seventh day prior to the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, and mailing shall be provided to each candidate or his or her representative at the time he or she picks up the nomination papers." It is recommended that the City Council adopt the proposed resolution accordingly. FISCAL IMPACT: None ATTACHMENTS: Resolution RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement. Section 1. GENERAL PROVISIONS. That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Temecula on November 4, 2014, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. Section 2. FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of Riverside. The County is required to translate candidate's statements into Spanish. B. The County will print and mail sample ballots and candidate statements to all voters in English and Spanish. The County will make sample ballots and candidates statements in the required languages available at all polling places, on the County's website and in the election official's office. Section 3. PAYMENT. A. Translations: 1. The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language as specified in (a) and/or (b) above pursuant to Federal and/or State law. 2. The candidate shall be required to pay for the cost of translating the candidate's statement into any foreign language that is not required as specified in (a) and/or (b) of Section 2 above, pursuant to Federal and/or State law, but is requested as an option by the candidate. B. Printing: 1. The candidate shall be required to pay for the cost of printing the candidate's statement in English in the main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet. 3. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet. 4. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language required in (A) of Section 2 above, in the facsimile voter pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voters' pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Section 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. Section 5. That the City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time nominating petitions are issued. Section 6. That this resolution shall apply only to the election to be held on November 4, 2014, and shall then be repealed. Section 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of June, 2014. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of June, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Gwyn R. Flores, CMC Acting City Clerk Item No. 5 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: June 24, 2014 SUBJECT: Approval of Fiscal Year 2014-15 Trustee Fees Related to the City's Outstanding Bonds PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the City Council approve the expenditure of $38,220, for Fiscal Year 2014-15 trustee/fiscal agent services, provided by U.S. Bank, for the City's Community Facilities Districts (CFD), Assessment District (AD), and Tax Allocation Bonds (TABs). BACKGROUND: The City of Temecula has five existing Community Facilities Districts and one Assessment District: • CFD 01-2 (Harveston) • CFD 03-1 (Crowne Hill) • CFD 03-2 (Roripaugh Ranch) • CFD 03-3 (Wolf Creek) • CFD 03-6 (Harveston II) • AD 03-4 (John Warner Road) Additionally, the former Redevelopment Agency issued TABs in 2002, 2006, 2007, 2010, and 2011. Arbitrage calculations will be performed on Roripaugh CFD 03-2 and the 2010 TABS in the coming year. During formation of each of these bond issues, a Fiscal Agent Agreement, Trust Agreement or Indenture of Trust was executed with U.S. Bank to remain in effect for the duration of the financing. Services provided by the trustee/fiscal agent include establishing and holding accounts (such as the special tax fund, improvement fund, reserve fund, and administrative fund), transferring funds between accounts to pay debt service, disbursing funds to the City upon receipt of draw requests, dissemination of annual disclosure information for both the developer and City as bond issuer, and arbitrage monitoring and reporting. FISCAL IMPACT: Funds to pay the CFD/AD portion of the trustee/fiscal agent services are included in the annual special tax levies and budgets for each of the Districts to finance their respective share of the services. The trustee/fiscal agent service for the former Redevelopment Agency (RDA) TABs has been budgeted to be paid from the Successor Agency to the Temecula Redevelopment Agency (SARDA) Debt Service Fund. ATTACHMENT: U.S. Bank Schedule of Fees for Fiscal Year 2014-15 CITY OF TEMECULA U.S. BANK SCHEDULE OF FEES FOR FY 2014-15 FY 2014-15 BOND ISSUE ESTIMATED FEES CFD No. 03-03 (Wolf Creek) CFD No. 03-06 (Harveston II) CFD No. 03-02 (Roripaugh) CFD No. 03-02 (Roripaugh) - Arbitrage Report CFD No. 01-2 (Harveston I) CFD No. 03-1 03 A (Crowne Hill) CFD No. 03-1 05 B (Crowne Hill) AD No. 03-04 (John Warner) 2002 RDA 2006 Series A RDA 2006 Series B RDA 2007 RDA 2010 RDA Series A & B 2010 RDA Series A & B Arbitrage Report 2011 RDA Series A & B $2,445.00 $2,195.00 $3,500.00 $2,500.00 $3,850.00 $2,175.00 $2,025.00 $1,300.00 $19,990.00 $3,850.00 $2,200.00 $2,200.00 $2,300.00 $2,990.00 $2,500.00 $2,190.00 $18,230.00 TOTAL $38,220.00 Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: June 24, 2014 SUBJECT: Insurance Policies (Workers' Compensation, Property, Automobile Physical Damage, Earthquake and Flood, Crime, Liability) — Renewal, Extension, and Alignment PREPARED BY: Roberto Cardenas, Fiscal Services Manager RECOMMENDATION: That the City Council: 1. Approve the cancellation of the City's current Workers' Compensation Policy with Travelers Property Casualty Company of America, and approve insurance policy renewal for Workers' Compensation Coverage with New York Marine and General Insurance Company, in the amount of $55,002, for the period of July 1, 2014 to July 1, 2015; 2. Approve a four month six day pro rata Property, Automobile Physical Damage, Earthquake and Flood, and Crime insurance policy extension with Travelers Indemnity Company/Travelers Indemnity Company of Connecticut, and Empire Indemnity Insurance Company (with participation from Princeton E&S, Hiscox, QBE Specialty, and Ironshore/Ironshore Europe), in the amount of $133,050, for the period of February 26, 2015 to July 1, 2015; 3. Approve the insurance policy renewal for Liability insurance with Travelers Indemnity Company/Travelers Indemnity Company of Connecticut, in the amount of $219,882, for the period of July 1, 2014 to July 1, 2015. BACKGROUND: In order to improve administrative and budgetary efficiencies, the City determined it was necessary to align the various insurance policy expiration dates with the City's fiscal year, as follows: Line of Insurance Current Policy Period New Policy Period Workers' Compensation 02/01/14 to 02/01/15 07/01/14 to 07/01/15 Property, Automobile Physical Damage, Earthquake & Flood, Crime 02/26/14 to 02/26/15 02/26/15 to 07/01/15 (extension period) General/Excess Liability 12/01/12 to 7/01/14 07/01/14 to 07/01/15 Workers' Compensation: As a cost saving measure, the City desires to incorporate a $500,000 Self -Insured Retention (SIR) into the City's Workers' Compensation (WC) insurance policy, rather than the current first dollar of loss approach. More specifically, rather than the City's insurance carrier covering the costs of employee related work injuries, the City desires to cover the expenses (self -insure) for the first $500,000 of each occurrence, with the insurance policy covering costs in excess of $500,000. On Tuesday, May 13, 2014 staff met with Finance Committee members Mike Naggar and Chuck Washington to propose the SIR approach. The Committee approved of the proposal and agreed to move the item to the City Council for consideration and approval. Cost Savings: The City has paid an annual average of $369,863 to purchase the traditional first dollar of loss Workers' Compensation policy, as noted below: First Dollar of Loss Costs Amount 10 Year WC Annual Average Premium History 356,670 7 Year WC Annual Average CA CIGA Fee History 6,287 7 Year WC Annual Average CA State Sur -Charge History 6,906 Total Costs $369,863 However, given the City's historically low number of Workers' Compensation claims (approximately 7.5 per fiscal year, over the past 10 years), the City's insurance carriers have historically paid claims on an average of $83,898 (approximately) per fiscal year on employee related injuries. Therefore, by implementing an SIR of $500,000, the City may save approximately $222,896 per fiscal year as noted below: SIR Savings Amount First Dollar of Loss Total Costs 369,863 Excess Insurance Policy with a $500,000 SIR (55,570) Annual Third Party Administrator (TPA) Services (7,500) 10 Year WC Annual Average Loss History (83,898) Total Savings $222,896 In preparation for the transition to an SIR and the alignment of the expiration date with the fiscal year, staff requested that the City's insurance broker, Brown & Brown, Inc., market the City's application to insurance carriers. In response, Brown & Brown, Inc. obtained four proposals as outlined below. Workers' Compensation Insurance Company Premium New York Marine and General Insurance Company $55,002 Safety Net Insurance Company $75,000 Arch Insurance Company $100,000 Ace American Insurance Company $100,000 To ensure New York Marine and General Insurance Company continues to have sufficient financial capacity to provide the necessary policy limits to insure the City's risks, Brown & Brown, Inc. utilized the services of A.M. Best to assess their financial strength and creditworthiness. A.M. Best assigned a Financial Strength Rating (FSR) of "A" (Excellent) to New York Marine and General Insurance Company based on their ability to meet their ongoing insurance policy and contractual obligations (after a comprehensive evaluation of their balance sheet strength, operating performance, and business profile). In addition, A.M. Best assigned New York Marine and General Insurance Company a Financial Size Category (FSC) of "IX" ($250 Million to $500 Million) based on their policyholder's adjusted surplus. Property, Automobile Physical Damage, Earthquake & Flood, Crime: On February 25, 2014, the City Council approved Property, Earthquake and Flood, Automobile Physical Damage, and Crime Insurance Policy renewals with Travelers Insurance Company and Empire Indemnity Insurance Company (with participation from Princeton E&S, Hiscox, QBE Specialty, and Ironshore/Ironshore Europe) for the period of February 26, 2014 through February 26, 2015, in the amount of $389,036. In order to improve administrative and budgetary efficiencies, the City determined it is necessary to align the various insurance policy expiration dates with the fiscal year. Therefore, staff requested the City's insurance broker, Brown & Brown, Inc., to extend the City's above current policies with the above carriers to July 1, 2015. In response, Brown & Brown, Inc. obtained a four month six day pro rata premium as outlined below. Property, Automobile Physical Damage, Earthquake & Flood, Crime Period Premium 02/26/14 to 02/26/2015 $389,036 02/26/15 to 07/01/2015 (four month six day pro rata extension) $133,050 Total $ 522,086 To ensure each carrier had sufficient financial capacity to provide the necessary policy limits to insure the City's risks, Brown & Brown, Inc. utilized the services of A.M. Best to assess the financial strength and creditworthiness of each carrier that submitted a proposal. A.M. Best assigned a Financial Strength Rating (FSR) of "A+" (Superior) to Travelers based on their ability to meet their ongoing insurance policy and contractual obligations (after a comprehensive evaluation of their balance sheet strength, operating performance, and business profile). In addition, A.M. Best assigned Travelers a Financial Size Category (FSC) of "XV" ($2 billion or greater) based on their policyholder's adjusted surplus. Travelers Insurance Company is an admitted carrier in the State of California. A.M. Best assigned Empire Indemnity Insurance Company an FSR of "A+" (Superior) with an FSC of "XV" ($2 billion or greater). Through Travelers Insurance Company, the City will maintain Basic Property coverage with a deductible that ranges from $1,000 to $10,000 (depending on the category of property involved). Also through Travelers insurance company, the city will maintain Crime coverage at a limit of $500,000 with a deductible of $5,000. Through Empire Indemnity Insurance Company, the City will maintain Earthquake and Flood coverage of $35 million with a 5% deductible. Since total loss is not likely to occur in the event of an earthquake or flood, this coverage amount is considered sufficient and in accordance with the industry standards and practices. General/Excess Liability: In preparation for the July 1, 2014 expiration of the City's liability and excess liability insurance policy with Travelers Indemnity Company/Travelers Indemnity Company of Connecticut (Travelers), staff requested that the City's insurance broker, Brown & Brown, Inc., market the City's application for both liability insurance and excess liability insurance. In response, Brown & Brown, Inc. obtained proposals from the insurance carriers listed below in the order of responsiveness. The premiums were quoted with a minimum self- insured retention (SIR) of $150,000. The quotes ranged from an SIR of $150,000 for All Lines of coverage up to $250,000 for All Other Liability and $500,000 for Employment Practices Liability. In addition, each quote had an Occurrence and Aggregate Limit from $1,000,000 up to $10,000,000. Liability Insurance Company Premium Self -Insured Retention Occurrence/ Aggregate Travelers Insurance Company $219,882 $150,000 $10,000,000 Argonaut Insurance Company $224,718 $150,000 $10,000,000 Allied Word Assurance Company $249,895 $150,000 $10,000,000 Munich American Insurance Company $263,000 $250,000 $10,000,000 Markel American Insurance Company $212,000 $150,000 $1,000,000 Underwriter's at Lloyd's $292,062 $250,000 $10,000,000 * Includes optional Terrorism Risk Insurance. The premium amount of $219,882 represents a $19,989 increase over the previous policy. The increase is primarily due to the low self-insured retention of $150,000 and the losses that have approached and exceeded said self-insured retention. To ensure each carrier had sufficient financial capacity to provide the necessary policy limits to insure the City's risks, Brown & Brown, Inc. utilized the services of A.M. Best to assess the financial strength and creditworthiness of each carrier that submitted a proposal. A.M. Best assigned a Financial Strength Rating (FSR) of "A+" (Superior) to Travelers based on their ability to meet their ongoing insurance policy and contractual obligations (after a comprehensive evaluation of their balance sheet strength, operating performance, and business profile). In addition, A.M. Best assigned Travelers a Financial Size Category (FSC) of "XV" ($2 billion or greater) based on their policyholder's adjusted surplus. The preferred proposal submitted by Travelers provides coverage of $10 million per Occurrence and $10 million Aggregate with a self-insured retention of $150,000. The City elected to continue to purchase terrorism coverage to cover third party bodily injury and property damage should a certified act of terrorism occur. FISCAL IMPACT: No additional appropriation is requested, as adequate funds are available within the current budget. ATTACHMENTS: 1. Excess Workers' Compensation Insurance Policy Proposal 2. Property, Automobile Physical Damage, Earthquake and Flood, and Crime Insurance Policy Extension Proposal 3. Liability Insurance Policy Proposal Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806• (800) 228-7975 •Rti,117"' Excess Workers' Compensation Insurance Proposal Submitted For: City of Temecula rown rown INSURANCE Policy Term: July 01, 2014 to July 01, 2015 Submitted by: Mike Bush Senior Vice President This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. June 11, 2014 1 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 Thank you for inviting us to develop and present a Risk Solution Program to you. We welcome the opportunity to become involved with your company. We have worked to identify your needs and concerns, and to develop a program for your insurance. Brown & Brown, Inc. is the seventh largest independent agency organization nationally.' The company provides a variety of insurance products and services to corporate, institutional, professional and individual clients. Headquartered in Daytona Beach and Tampa, Florida, Brown & Brown is publicly traded on the New York Stock Exchange (BRO) and has been included in Forbes' list of the "200 Best Small Companies in America". The company handles clients' premiums in excess of $10 Billion annually and has approximately 6,500 employees. While size is not the sole criteria for choosing an insurance agent, it does enable us to offer our clients clout in the marketplace and unmatched service capability. Please feel free to visit our website at www.bbinsurance.com. This brief description of insurance coverage is being provided as an accommodation only and is not intended to cover or describe all policy terms. In the event of difference, the policy will prevail. For more complete information on the scope and limits of coverage please refer to the policy document. As listed in Business Insurance magazine, July 1 8, 2011 edition This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. June 11, 2014 2 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806• (800) 228-7975 Account Service Team No matter how comprehensive or price competitive your insurance program is, it is still people who must service it to insure that coverage will respond when needed. Mike Bush Account Executive Phone: (714)221-1853 Fax: (714) 221-4196 mbush@bbsocal.com Mike Bush is responsible for overseeing all aspects of your program. Peggy Coleman Account Manager Phone: (714)221-1883 Fax: (714) 221-4196 pcoleman@bbsocal.com Peggy Coleman will assist with the daily servicing of your account, including endorsements, certificate requests, client services, program design, accounting, quality assurance and market relationships. Feel free to contact anyone on this list if you have questions or concerns regarding your insurance policy. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. June 11, 2014 3 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 IMPORTANT NOTICE DISCLAIMER Disclaimer: This proposal presented is based upon the exposures to loss made known to the agency. Any changes in these exposures (i.e. new operations, new products, additional state of hire, etc.) need to be promptly reported to our agency in order that proper coverage(s) may be put in place. The proposal contains only a general description of the coverage(s) and does not constitute a policy / contract. This brief description of insurance coverage is being provided as an accommodation only and is not intended to cover or describe all policy terms. For more complete information on the scope and limits or coverage, please refer to the policy document. The proposal includes, but is not limited to, the terms, exclusions and conditions listed. For complete policy information, including exclusions, limitations and conditions, refer to the policy document. n Non -Admitted Carrier Taxes: n/a Fees: n/a Minimum Earned Premium: n/a Higher Limits may be available upon request V Premiums may be subject to audit Policy Type Carrier Rating Excess Workers' Compensation New York Marine & General Insurance Company "A"(IX) Admitted Please read your policy for specific details. The information obtained from A.M. Best's Rating is not in any way a warranty or guaranty by Brown & Brown, Inc. of the financial stability of the insurer and this information is current only as of the date of publication. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. June 11, 2014 4 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 A.M. Best Rating of Proposed Carriers General Rating: These rating classifications reflect BEST's opinion of the relative position of each company in comparison with others, based upon averages within the Property -Casualty insurance industry. They are reflective of overall company services and standing within the industry. A++, A+ Superior B++ Very Good C++, C+ Fair A, A- ' Excellent B, B- Good C, C- Marginal Financial Size Category: The financial Size Category is an indication of the size of an Insurer and is based on reported Policyholders' surplus plus conditional or Technical Reserve Funds, such as mandatory securities valuation reserve, other investment and operating contingency funds and/or miscellaneous voluntary reserves in liabilities. Financial Size Category (in Thousands) Class I Up to $1,000 Class II $1,000 to $2,000 Class III $2,000 to $5,000 Class IV $5,000 to $10,000 Class V $10,000 to $25,000 Class VI $25,000 to $50,000 Class VII $50,000 to $100,000 Class VIII $100,000 to $250,000 Class IX $250,000 to $500,000 Class X $500,000 to $750,000 Class XI $750,000 to $1,000,000 Class XII $1,000,000 to $1,250,000 Class XIII $1,250,000 to $1,500,000 Class XIV $1,500,000 to $1,750,000 Class XV $1,750,000 to $2,000,000 This information has been provided to you so that consideration is given to the financial condition of our proposed carriers. The financial information disclosed is the most recent available to Brown & Brown Insurance Services of CA, Inc. Brown & Brown does not guarantee financial condition of the insurers listed above. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. June 11, 2014 5 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 Claims Reporting Guidelines Make Brown & Brown, Inc. aware of any and all incidents immediately after they occur, whether it be an auto accident, a theft, slip & fall, even a minor incident that appears will have no future activity. Do not wait for a police report. Gather as much concrete information as possible. For example, police reports, company incident reports, conversation logs, medicals and pictures - anything that may assist in the handling of your claim. Send this information either by mail, e-mail or fax to: Brown & Brown Insurance Services of CA, Inc. 2401 E. Katella., Suite 550, Anaheim, CA 92806 (714)221-1883 (714) 221-4196 fax pcoleman@bbsocal.com If you have any questions or incur any problems, please call our office and we will be glad to assist in any way we can. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. June 11, 2014 6 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 What is an Audit? Policies which use fluctuating values as the exposure basis, i.e.: payroll or sales are subject to an audit. The company may visit your business to examine your records or ask you to complete a voluntary "mail in" audit. If at the time of the audit your exposures are different from what you estimated at the time your policy was written, you will receive a return premium credit or an additional premium billing If you subcontract any work, it is essential that the subcontractor provide you with a Certificate of Insurance indicating that insurance coverage is in place for General Liability, Workers Compensation, and Automobile Liability. If at the time of audit you do not have evidence of insurance from your subcontractors, you will be charged an additional premium for the payroll of the subcontractor on your policies. We recommend you require subcontractors to carry insurance via a contract. Audits that generate an additional premium are due upon receipt. It is important that you review audits as soon as you receive them and advise us of any discrepancies in the exposures immediately so that we may inform the insurance carrier. If payment of the audit is not received by the insurance company on a timely basis, your coverage may be canceled and could adversely affect the future placement of insurance coverage. We recommend that you review the actual exposures as compared to your estimated exposures quarterly and advise us of any significant variance. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. June 11, 2014 7 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 Important Information Compensation: In addition to the commissions or fees received by us for assistance with the placement, servicing, claims handling, or renewal of your insurance coverages, other parties, such as excess and surplus lines brokers, wholesale brokers, reinsurance intermediaries, underwriting managers and similar parties, some of which may be owned in whole or in part by Brown & Brown, Inc., may also receive compensation for their role in providing insurance products or services to you pursuant to their separate contracts with insurance or reinsurance carriers. That compensation is derived from your premium payments. Additionally, it is possible that we, or our corporate parents or affiliates, may receive contingent payments or allowances from insurers based on factors which are not client -specific, such as the performance and/or size of an overall book of business produced with an insurer. We generally do not know if such a contingent payment will be made by a particular insurer, or the amount of any such contingent payments, until the underwriting year is closed. That compensation is partially derived from your premium dollars, after being combined (or "pooled") with the premium dollars of other insureds that have purchased similar types of coverage. We may also receive invitations to programs sponsored and paid for by insurance carriers to inform brokers regarding their products and services, including possible participation in company -sponsored events such as trips, seminars, and advisory council meetings, based upon the total volume of business placed with the carrier you select. We may, on occasion, receive loans or credit from insurance companies. Additionally, in the ordinary course of our business, we may receive and retain interest on premiums you pay from the date we receive them until the date the premiums are remitted to the insurance company or intermediary. In the event that we assist with placement and other details of arranging for the financing of your insurance premium, we may also receive a fee from the premium finance company. Questions and Information Requests: Should you have any questions, or require additional information, please contact this office at 1-800-228-7975 or, if you prefer, submit your question or request online at www.bbsocal.com This proposal contains only a general description of the coverage(s) and does not constitute a policy/ contract. For complete policy information, including exclusions, limitations, and conditions, refer to the policy document. This proposal is based upon the exposures to loss made known to the Agency. Any changes in these exposures (i.e., new operations, new products, additional states of hire, etc.) need to be promptly reported to us in order that proper coverage(s) may be put into place. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. June 11, 2014 8 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806• (800) 228-7975 Named Insureds The following are named insureds on your policies: City of Temecula Temecula Community Services District Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Redevelopment Agency of the City of Temecula Temecula Public Financing Authority Temecula Housing Authority Please verify the accuracy of each name on this list and update if needed. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. June 11, 2014 9 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 Location Schedule All City Operations This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. June 11, 2014 10 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806• (800) 228-7975 Excess Workers' Compensation Proposal New York Marine & General Insurance Company This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. June 11, 2014 11 Quoting on behalf of: NEW YORK MARINE & GENERAL INSURANCE COMPANY Specific Excess & Aggregate Excess Workers' Compensation and Employers' Liability Quote A.M. Best Rated: "A" (Excellent), IX We are pleased to provide the following quotation terms as follows: Quote Option MMC103183 Policy Term July 1, 20141 July 1, 2015 Estimated Manual Premium $548,967 Estimated Total Payroll $14,328,462 Covered State(s) CA Specific Retention $500,000 Specific Limit Statutory Employers Liability Limit $1,000,000 Aggregate Attachment Rate NIL Minimum Aggregate Attachment NIL Aggregate Limit NIL Maximum Loss Accruing Aggregate NIL Excess Rate (per $100 of payroll) 0.3799 Estimated Premium Excluding Terrorism $54,434 Terrorism Charge $568 Total Minimum Premium (90% of Deposit) $49,502 Total Deposit Premium $55,002 12 Quote Expiration: June 30, 2014 TPA: Carl Warren & Company Payment Plan: Premium is due in full at inception of policy period. The above quote is subject to: 1. Final Premium will be at least and not less than the minimum premium stated above. 2. Require full implementation of safety/loss control program and retention of TPA, approved by New York Marine and General Insurance Company, throughout the policy period. 3. Receipt of completed and signed excess application within 30 days of binding. App currently on file is not signed. 4. Receipt of Excel formatted employee concentration information by location with physical addresses included. 5. The Terrorism Charge is calculated separately and not included in the total rate above. It is subject to adjustment at audit. 6. Applicable state endorsements plus other coverage additions/exclusions may apply. All other endorsements desired must be requested prior to binding and are subject to approval. 7. Please sign and return the attached Terrorism Disclosure. Same must be received within thirty (30) days of binding. 8. New York Marine and General Insurance Company has the right, but not the obligation, to audit the TPA listed above. 9. Please have the TPA complete the attached TPA Questionnaire, including bios for all claims personnel handling this Insured's claims and evidence of the TPA's E&O coverage. The Questionnaire is subject to approval. 10. It is the understanding that there is no police and/or firefighter (paid and/or volunteer) exposure and said exposures are excluded from this coverage in its entirety. Risk Control Services: See attached document listing services available Please do not hesitate to contact me with any questions, Thank you. 13 New York Marine and General Insurance Company POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE City of Temecula, CA Insured's Name Policy Number Coverage for acts of terrorism is included in your policy. You are hereby notified that under the Terrorism Risk Insurance Act, as amended in 2007, the definition of act of terrorism has changed. As defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury—in concurrence with the Secretary of State, and the Attorney General of the United States—to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Under your coverage, any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act, as amended. However, your policy may contain other exclusions which might affect your coverage, such as an exclusion for nuclear events. Under the formula, the United States Government generally reimburses 85% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act, as amended, contains a $100 billion cap that limits U.S. Government reimbursement as well as insurers' liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds $100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed $100 billion, your coverage may be reduced. The portion of your annual premium that is attributable to coverage for acts of terrorism is $568, and does not include any charges for the portion of losses covered by the United States government under the Act. The portion of the Insured's annual premium that is attributable to coverage for certified "acts of terrorism" may be adjustable at audit and is calculated based on a percentage of the Insured's total audited payroll. I ACKNOWLEDGE THAT WE HAVE BEEN NOTIFIED THAT UNDER THE TERRORISM RISK INSURANCE ACT, AS AMENDED, ANY LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM UNDER THIS POLICY COVERAGE MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT, MAY BE SUBJECT TO A $100 BILLION CAP THAT MAY REDUCE THIS COVERAGE AND WE HAVE BEEN NOTIFIED OF THE PORTION OF THE PREMIUM ATTRIBUTABLE TO THIS COVERAGE. Policyholder's Signature [Date 14 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 Carrier Markets Approached & Results Result New York Marine & General Insurance Company Safety National Insurance Company ACE American Insurance Company Arch Insurance Company See Proposal Premium $75,000+ Premium $100,000+ Premium $100,000+ This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. June 11, 2014 15 SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY New York Marine And General Insurance Company 59 Maiden Lane, Suite 2700, New York, New York 10038-4647 212-551-0600; Fax 212-986-1310 (hereafter referred to as the "Company") Policy No. Item 1. Insured: Item 2. (a) Mailing address: (b) Principal place of business: Item 3. Named State(s): Item 4. Excluded State(s): Item 5. Policy Period: (a) From: (b) To: Both days at 12:01 A.M. standard time at the Insured's address shown in Item 2 of these Declarations. hem 6. Loss Reporting Period: Item 7. Insured's Specific Retention: (a) Each accident: (b) Each employee for disease or cumulative injury. Item 8. Company's Limit Each Accident: (a) Policy Part One, Worker's Compensation: (b) Policy Part Two, Employers UabAity: Item 9. Company's Limit Each Employee For Disease Or Cumulative Injury: (a) Policy Part One, Worker's Compensation: (b) Policy Part Two, Employers Liability: Item 10. Insured's Retention For Aggregate Coverage: (a) Rate as a percentage of Normal Premium: (b) Estimated Normal Premium: (c) Minimum Retention: XS WC 00 01 01 O6 Page 1 0117 16 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY Item 11. The Company's Limit for Aggregate Coverage: Item 12. Premium: (a) Minimum: (b) Deposit: (c) Rate (% of normal premium): (d) Terrorism charge of $ is included In 12(a) and 12(b) above and is adjustable at audit. Item 13. The Insured's Claims Service Company shall be: Item 14. Endorsements: Item 18. Company's Service of Suit Representative: ProSight Specialty Management, Inc. 412 Mt. Kemble Ave.. Suite 300C Morristown, NJ 07960 XSWC00010106 Page 2of17 17 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY Item 16. Premium: CLASSIFICATION and NORMAL PREMIUM SCHEDULE Premium Schedule State Classification Class Estimated Rate per $100 of Estimated Description Code Remuneration Estimated Manual Remuneration Premium Total Payroll and Manual Premium $ $ (a) EMOD tactor. (b) Other Discount Estimated Normal Premium: The above -listed class codes are the class codes covered under this Policy. Any additional class code exposures must be approved in writing by the Company prior to being covered under this Policy. Executed in New York this _ day of 20211 Midlands Management Corporation Authorized Representative XSWC0001 01 08 Page 3of 17 18 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY In consideration of the payment of the premium and in reliance upon all statements made in the Application for this insurance and subject to all terms of this Policy, the Company agrees with the Insured as follows: GENERAL SECTION A. Self -Insurance. Acceptance of this Policy indicates that the Insured is now and will remain until the end of the Policy Period a duly qualified sell -insurer in each state(s) named in Declarations Item 3. In the event the insured should, at any time this Policy is in force, terminate the Insureds qualification as a self -insurer or should the Insureds qualification be cancelled or revoked, coverage under this Policy shall be immediately suspended effective from the date that the Insured loses such qualification. B. The Policy. This Policy includes the Declarations and the endorsements, if any, fisted in Declarations Item 14. It is a contract of insurance between the insured (the Insured named in Declarations Item 1) and the Company (the Insurer named on the Declarations). The only agreements relating to this insurance are stated in this Policy. The terms of this Policy may not be changed or waived except by written endorsement issued by the Company to be a part of this Policy. Endorsements, if any, apply with respect to accidents, disease or cumulative injury exposures occurring at or after 12:01 AM. on effective date of the endorsement. The Company considers statements made by the Insured in the Application to be representations. The Company may contest a loss paid by the Insured if the Company relied on a material misrepresentation in the Application. C. Policy Period. Policy Period means the period of time covered by this Policy as shown in Declarations Item 5. If this Policy is cancelled, the Policy Period will end at 12:01 A.M. on the effective date of cancellation. D. Workers Compensation Law. Workers Compensation Law includes occupational disease law or cumulative injury law. It does not include the provisions of any law that provide non -occupational disability benefits, Jones Act or any other Federal Act(s) or State Act(s), unless the application of those laws is Incidental and has been approved in writing by the Company. E. Accldent. Accident means an accident or series of accidents arising from a single occurrence F. Occurrence. An occurrence is a fortuitous event of limited duration taking place at one specific location. No event that exceeds twenty-four (24) hours in duration shall be considered to be an event of limited duration. Should an event exceed twenty-four hours in duration, each twenty-four (24) hour period shall be deemed to be a separate occurrence. With respect to losses arising from a cumulative injury or occupational disease, the loss to each employee shall be deemed to have resulted from a separate occurrence. XSWC00010106 Page 4 of 17 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POUCY G. Bodily Injury. Bodily Injury means bodily injury by accident, by disease or by cumulative injury. Bodily injury must arise out of and in the course of the injured employee's employment by the Insured. Bodily injury includes resulting death. The following conditions also apply with respect to the definition of bodily injury: 1. Bodily injury by accident must occur during the Policy Period and must arise out of or be caused by a single occurrence. Bodily injury to more than one employee arising out of or caused by the same single occurrence shall be considered one accident. 2. Bodily iniury by disease is any abnormal condition of the body or mind that causes discomfort, dysfunction, or distress that fulfils all of the following conditions: a. It is not traceable to a single occurrence that takes place during the employee's present or past employment; b. It has been caused by or aggravated by exposure to a disease -producing agent or agents present in the employee's occupational environment; c. It has resulted in a disability, need for medical treatment, or death. The employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the Policy Period. 3. Bodily injury by cumulative injury is an injury that fulfills ail of the following conditions: a. It is not traceable to a single occurrence that takes place during the employee's present or past employment; b. It has been caused by or aggravated by a repetitive employment related activity; c. It has resulted in a disability, need for medical treatment, or death. The employee's last day of last exposure to the conditions causing or aggravating such bodily injury by cumulative Injury must occur during the Policy Period. H. Late Reporting or independent Contractor Penalty. As respects each accident or each employee for disease or cumulative injury: 1. If the Insured does not give the Company written notice within one year of when required by Pait Three, the Company's specific indemnity wil be reduced by 15%. 2. If the Insured does not give the Company written notice within three years of when required by Part Three, the Company specific indemnity will be reduced by 40%. 3. If the Insured pays a loss for an employee the Insured classified as an independent contractor at the time of the accident, the Company's specific indemnity will be reduced by 50%. However, the sum of this reduction plus the Insured's specific retention will not exceed the greater of $250,000 or 1% of the Insured's total payroll. XS WC 00 01 01 06 Page 5 of 17 20 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY PART ONE - WORKERS COMPENSATION A. How This Part Applies. Part One applies to Toss paid by the Insured because of liability imposed upon the Insured by the workers compensation law and occupational disease law of any state(s) named in Declarations Item 3. Part One also applies to Loss paid by the Insured because of liability imposed upon the insured by the workers compensation law of any other state(s) which Is not shown In Declarations Item 4, but does not apply to any federal workers compensation law or any federal occupational disease law or the provisions of any law that provides nonoccupational disability benefits. Liability must result from bodily injury by accident or bodily injury by disease sustained by an employee the Insured regularly employed in a state(s) named in Declarations Item 3. B. The Insured's Specific Retention. The Insured must retain loss as shown in Declarations Item 7. The Insured's retention applies to Part One loss and to Part Two toss together. The Insureds retention for bodily injury by accident applies to each accident, or series of accidents arising out of or caused by a single occurrence, whether such accident involves bodily Injury to only one or more than one employee. The Insured's retention for disease and cumulative injury applies separately to each employee. Naming more than one insured in Declarations Item 1 does not Increase the insureds retention. C. The Company's Agreement to indemnify. Subject to the limits of tiabillty, the Company will indemnify the Insured for toss in excess of the Insureds retention. This indemnity may be reduced by a late reporting or independent contractor penalty. D. The Company's Specific Limit. The Company's Total Umit applies to Part One and Part Two Toss together. The maximum amount of loss the Company will indemnify the Insured for with respect to each accident or series of accidents arising out of one event is shown 1n Declarations Item 8(a). The maximum amount of loss the Company will indemnify the Insured for with respect to each employee for disease or cumulative injury is shown in Declarations Item 9(a). Naming more than one insured in Declarations Item 1 does not increase the Company's limit. E. The insured's Retention For Aggregate Coverage. The amount of loss the Insured must retain as a result of all accidents, disease and cumulative injury exposures occurring during the Policy Period is shown in Item 10. This retention applies to Part One foss and Part Two toss together. If no amount is shown in Item 10, Insured shall have no aggregate retention and Insured's specific retention shall apply to each loss. In calculating the Insureds aggregate retention. toss pertaining to each accident. disease or cumulative injury will be limited to the respective amount shown in Declarations Item 7. Unless the Company cancels this policy, the Insureds aggregate retention will not be less than the minimum retention shown in Declarations Item 10 (c). If the Company cancels this policy, Insureds aggregate retention will not be less than the pro rata portion of minimum aggregate retention In Item 10 (c). Naming more than one Insured In Declarations Item 1 does not increase the Insureds retention. Normal Premium is calculated as shown in Declarations Item 16 and is adjustable at audit; however the Insureds aggregate retention will never be less than the minimum retention listed under item 10 (c). XS WC 00 01 01 06 Page 6 of 17 21 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY F. The Company's Aggregate Indemnity. The Company will indemnify the Insured for loss paid by the Insured in excess of the lnsured's aggregate retention as a result of all accidents, disease, and cumulative injury exposures occurring during the policy period. In calculating the Companys indemnity, loss pertaining to each accident, disease or cumulative injury will be limited to the respective amount shown in Declarations Item 7. G. The Company's Aggregate Limit. The most loss the Company will indemnity the insured for as a result of all accidents, disease and cumulative injury exposures occurring during the policy period is shown in Declarations item 11. This limit applies to Part One loss and Part Two loss together. Naming more than one Insured in Declarations Item 1 does not increase the Company's limit. H. Loss. Loss means the amount actually paid by the Insured for benefits provided under the workers compensation law in effect upon the date the bodily injury occurs. Loss includes: 1. The amount paid by the Insured in settlement of claims for benefits under the workers compensation taw; 2. The amount paid by the Insured in satisfaction of awards or judgments for benefits under the workers compensation law; 3. The amount reserved by the Insured subject to the agreed value of claims, suits, or proceedings as determined in accordance with any Commutation and Capitalization Endorsement, it any; and, 4. Court costs, interest upon awards and judgments, and allocated investigation, adjustment and legal expenses pertaining to workers compensation claims. This subparagraph 4 does not include: a. Salaries paid to the insured's employees; b. Service company fees; c. Claims administration fees; d. Sanctions, fines, penalties or punitive, multiple, or exemplary damages. Exclusions. Part One doss not cover; 1. Loss insured by any other workers compensation or employers liability insurance, except with respect to insurance that applies specifically in excess of the limits set forth in Declarations Items 8 and 9; 2. Punitive or exemplary damages because of bodily injury sustained by any employee; 3. Punitive, exemplary or compensatory damages because of the Insured's conduct, or the conduct of anyone acting for the Insured tor which the Insured may be held responsible; a. In the investigation, trial or settlement of any workers compensation claim; b. In failing to pay or delay in payment of any workers compensation claim; or. c. On account of violation of any State or Federal Statute or regulation; XS WC 00 01 01 08 Page 7 of 17 22 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY 4. Any assessment made upon self -insurers, whether imposed by statute, regulation or otherwise, including any Department of Labor Second Injury Fund assessment; 5. Loss payable under the provisions of the Jones Act and any Toss payable under the provisions of any other Federal Act(s) or Slate Act(s) from a state(s) not set forth in Declarations Item 3; 6. Loss payable under the provisions of the Racketeer -Influenced and Corrupt Organizations Act; 7. Bodily injury to a master or member of the crew of any vessel; or 8. Claims arising from radioactive contamination whether directly or indirectly. 9. Loss payable under the workers compensation law of any state(s) not named in Declarations Item 3. J. Payments the Insured must make. The Insured is responsible (without indemnification from the Company) for any payments in excess of the benefits provided by the workers compensation law including those required because: 1. Of the Insured's serious and willful misconduct; 2. The insured knowingly employed an employee in violation of law; 3. The Insured failed to comply with a health or safety law or reputation; or 4. The Insured discharged, coerced or otherwise discriminated against any employee in violation of the workers compensation law. K. Other Insurance If any other insurance exists protecting the Insured against loss covered by this insurance, this insurance shall apply in excess of the other insurance. The foregoing shall not apply to any insurance that is specifically in excess of the limits set forth in Declarations Items 8, 9 and 11. L. Recovery from Others. The Company has the Insured's rights, and the rights of persons entitled to compensation benefits from the Insured, to recover the Company's indemnity from anyone liable for the bodily injury covered by this Policy. The Insured will do everything necessary to protect those rights for the Company and to help the Company enforce them. The recovered amounts remaining, after deducting the Company's recovery expenses, will first be used to reduce the Company's loss. Then the Company will pay the balance, if any, to the Insured. XS WC 00 01 81 06 Page 8 of 17 23 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY PART TWO • EMPLOYERS LIABILITY A. How This Part Applies. Part Two applies to loss for damages imposed upon the insured for employers liability, other than workers compensation, by the law of any state(s) shown in Declarations Item 3. Part Two also applies to loss for damages imposed upon the Insured by the law of any other state(s) which is not shown in Declarations Item 4. Damages must result from bodily injury sustained by an employee which the Insured employed, at the time of the bodily injury, in a state(s) named in Declarations Item 3. B. The Insured's Specific Retention. The Insured must retain loss as shown in Declarations Item 7. The insured's retention applies to Part One and to Part Two loss together. The Insured's retention for bodily injury by accident applies to each accident, or series of accidents arising out of or caused by a single occurrence whether such ac idem involves bodily injury to only one or more than one employee. The Insured's retention for disease and cumulative injury applies separately to each employee. Naming more than one Insured in Declarations Item 1 does not Increase the Insured's retention. C. The Company's Agreement to Indemnify. Subject to the limit of liability set forth In the Declarations, the Company will indemnify the Insured for loss in excess of the Insured's retention. This Indemnity may be reduced by a late reporting or independent contractor penally. D. The Company's Specific UmIt. The Company's Total Limit applies to Part One and Part Two loss together. The maximum amount of loss the Company will Indemnify the Insured for with respect to each accident or series of accidents arising out of one event is shown in Declarations Item 8(b). The maximum amount of toss the Company will Indemnify the Insured for with respect to each employee for damage or cumulative injury is shown in Declarations Item 9(b). Naming more than one insured In Declarations Item 1 does not increase the Company's limit. E. The insureds Retention For Aggregate Coverage. The amount of loss the Insured must retain as a result of sit accidents, disease and cumulative injury exposures occurring during the Policy Period is shown in Item 10. This retention applies to Part One toss and Part Two loss together. If no amount Is shown in Item 10, Insured shall have no aggregate retention and Insured's specific retention shall apply to each loss. In calculating the Insured's aggregate retention, loss pertaining to each accident, disease or cumulative injury will be limited to the respective amount shown In Declarations item 7. Unless the Company cancels this policy, the Insured's aggregate retention will not be toss than the minimum retention shown in Declarations Item 10 (c). 11 the Company cancels this policy, Insured's aggregate retention will not be less than the pro rata portion of minimum aggregate retention in Item 10 (c). Naming more Than one Insured in Declarations hem 1 does not increase the Insured's retention. Normal Premium is calculated as shown in Declarations Item 16 and is adjustable at audit; however the Insured's aggregate retention wthI never be less than the minimum retention listed under Item 10 (c). XSWC00010106 Page 9of17 24 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY F. The Company's Aggregate Indemnity. The Company will Indemnify the Insured for loss paid by the Insured in excess of the Insureds aggregate retention as a result of all accidents, disease, and cumulative Injury exposures occurring during the policy period. In calculating the Company's indemnity, loss pertaining to each accident, disease or cumulative injury will be limited to the respective amount shown in Declarations Item 7. G. The Company's Aggregate Limit. The most toss the Company will indemnify the Insured for as a result of an accidents, disease and cumulative injury exposures occurring during the policy period is shown In Declarations Item 11. This limit applies to Part One toss and Part Two loss together. Naming more than one Insured in Declarations Item 1 does not increase the Company's limit. H. Loss. Loss means the amount actually paid by the Insured for damages imposed upon the Insured by law provided that these damages are the direct consequence of bodily injury that arises out of and in the course of the injured employee's employment by the Insured. Loss includes: 1. The amount paid by the Insured in settlement of claims for legal damages; 2. The amount paid by the Insured in satisfaction of awards or judgments for damages; 3. The amount reserved by the Insured subject to the agreed value of claims, suits or proceedings as determined in accordance with any Commutation and Capitalization Endorsement, 11 any; and 4. Court costs, interest upon awards and judgments, and allocated investigation, adjustment and legal expenses pertaining to employers Iiabitity claims. This subparagraph 4 does not include: a. Salaries paid to the lnsured's employees; b. Service company fees; c. Claims administration fees; or d. Sanctions, fines, penalties or punitive, multiple, or exemplary damages. 1. Exclusions.. Part Two does not cover: 1. Liability assumed under a contract; 2. Punitive or exemplary damages because of bodily injury sustained by an employee; 3. Punitive, exemplary or compensatory damages because of the Insured's conduct, or the conduct of anyone acting for the Insured for which the Insured may be held responsible: a. In the Investigation, trial or settlement of any employers tlabifity claim; b. In failing to pay or delay in payment of any employers liability claim; or c. On account of violation of any State or Federal statute or regulation; XS WC 00 0101 06 Page 10 0117 25 NEW YORK MARINE AND GENERAL. INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY 4. Bodily injury to an employee while employed in violation of law with the Insured's actual knowledge or the actual knowledge of any of the Insured's executive officers; 5. My obligation imposed by a workers compensation, occupational disease, cumulative injury, unemployment compensation, or disability benefits law, the Longshore and Harbor Worker's Compensation Act, the Federal Employers' Liability Act, the Jones Act or any similar law or any Federal Ads or State Act for a state(s) not set forth in Declarati NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY PART THREE - CLAIMS A. The insured's Claims Handling Duties. It is the insured's responsibility to investigate, settle, defend and appeal any claim made against the Insured ft is also the Insureds responsibility to investigate, settle, defend and appeal any suit brought or other proceeding instituted against the Insured. The Insured agrees that it is a condition of coverage that, as a self -insurer, the Insured shall have the same legal duties and obligations with regard to the Company that a primary insurer owes to an excess insurer. These duties and obligations shall include: 1. A duty to act at all times in good faith; 2. A duty to accept all reasonable settlement demands within the retention; 3. A duty to explore reasonable settlement possibilities even in the absence of a settlement demand; and, 4. A duty to promptly remit the lnsured's portion of any settlement amount and adjustment expenses in order to effectuate a settlement. Failure to promptly remit amounts due within the retention in connection with settlements, judgments and toss adjustment expenses under this Policy or any poky of which this Policy Is a renewal shaft be deemed to be non-payment of premium. 8. The Insured's Claims Reporting Duties. The Insured must give the Company written notice, on forms approved by the Company, through the Company's representative as soon as the Insured learns of: 1. Any occurrence, claim, suit or proceeding for which the estimated amount of toss, including legal fees and expenses, equals 50% or more of the retention set forth in Declarations Item 7 or $100,000, whichever amount is the lesser; or 2. Any claim, suit or proceeding that appears to involve indemnity by the Company; 3. Any occurrence, claim, award, or proceeding judgment which the incurred is 50% of the retention or greaten 4. Any occurrence which causes serious injury to two or more employees; 5. Any case irwoMng: a. Amputation of a major extremity; b. Brain or spinal cord injury; o. Death; d. Disability for a period of nine months or more; e. Permanent total disability as defined in the Workers' Compensation Act of the applicable state named in the Declarations; f. Any second or third degree bum of 25% or more of the body; g. MulOpie or serious fracture; h. Loss of sight or hearing; i. Crushing or massive internal injury; j. The reopening of any case in which further award might involve liability of the Company; and XS WC 00 01 01 06 Page 12 of 17 27 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY k. Any case where the claimant has been on temporary total disability (TTD) for a period o1 one year. I. Hospitalization of more than one (1) month. m. The Insured's report of loss shall include written notice containing particulars sufficient to identify the employee(s) and provide reasonably obtainable information with respect to the time, place and circumstances of loss. Including the identity of any known witnesses. C. Claims Information. The Insured agrees to send to the Company any claims information which the Company may request. Within 20 days after the end of each Loss Reporting Period, as stated in Declarations Item 6, the Insured (or the Insured's claims administrator) must send the Company a currently valuated loss report (in a format satisfactory to the Company) including the claims paid by the Insured during the policy period and the Insured's reserves on ail unpaid open claims. The claims listing will include individual claim information such as: date of injury; claim payments and reserves; toss description including body part, nature and cause; loss adjustment expenses paid and reserved; and claimant name. D. Audit. The Insured will let the Company or the Company's representatives examine and audit aft the Insured's claim records. The audits may be conducted during the insured's regular business hours. E. Claims Participation by the Company. At the Company's own election and expense, the Company has the right, but not the obligation, to participate with the insured In the settlement, defense or appeal of any claim, suit or proceeding which might involve a loss to the Company. F. Settlements. The Insured agrees not to make any voluntary settlement involving loss in excess of the retention set forth in Declarations Item 7 without the Company's, or the Company's representative's, prior written consent. PART FOUR - PREMIUM A. Deposit, Minimum, and Adjustment Premiums. At the beginning of the Policy Period the Insured must pay the Company the deposit premium shown in the Declarations Item 12(b). The Minimum Premium shown in Declarations Item 12(a) is not subject to adjustment. This Minimum Premium is fully earned at inception, except it the Policy is cancelled as of the Inception date, shown in Declarations Item 5(a). At the end of the Policy Period either: 1. The Insured will remit to the Company the amount by which the final premium Is greater than the deposit premium; or 2. The Company will remit to the Insured the amount by which the deposit premium is greater than the final premium but not Tess than the Minimum Premium shown in Declarations Item 12(a). XS WC 00 01 01 06 Page 13 of 17 28 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY B. Payroll Report. Wdhhln 45 days after the end of the Policy Period, the Insured must send the Company a report (in a format satisfactory to the Company) showing the amount of payroll earned by the Insured's employees during the Policy Period. The Company may, at the Company's election, require periodic reports during the Policy Period. C. Final Premium. The final premium due the Company for the Policy Period will be computed as shown in Declarations Item 12, but amended as a result of the tnsured's final payroll report and the Company audit. Unless this Policy is cancelled. final premium will be at least the minimum premium shown in the Declarations. II the Company cancels this Policy, final premium will be calculated pro rata based on the time this Policy was in force. Final premium will not be Tess than the pro rata share of the minimum premium. If the Insured cancels this Policy, final premium will be more than pro rata; it will be based on the time this Policy was in force, and Increased by the customary short rate table and procedure. Final premium will not be less than the short rate portion of the minimum premium. D. Payroll. Payroll means the gross pay to the Insured's employees, before any deductions other than overtime surcharges, for the Policy Period plus other amounts and items received by the Insured's employees as part of their pay for the Policy Period. E. Records. The Insured will keep records of information needed to compute premium. The Insured will provide the Company with copies of those records when the Company asks for them. F. Audit. The Insured will let the Company or the Company's representatives examine and audit all the Insured's payroll records as they relate to this Policy. The audits may be conducted during the Insured's regular business hours. PART FIVE • CONDITIONS A. Agreement upon Terms. The Insured's acceptance of this Policy means that the Insured agrees with the Company upon the terms of this Policy. B. Sole Representative. The Insured first named in Declarations item 1 will act on behalf of all insureds to change this Pc[Icy, to accept indemnity payments, to receive return premium and to give or receive notice of cancellation. C. Bankruptcy or Insolvency. The Insured's bankruptcy or insolvency will not relieve the Company from the payment of any claim covered by this Policy. However, this Policy provides excess coverage only. In the event of the Insured's bankruptcy or insolvency, the Company shall be under no liability whatsoever to indemnity anyone for Toss which is not in excess of the retention amount set forth in Declarations Item 7, with a maximum (lability as set forth in Declaration Items 8, 9. and 11. D. Transfer of the Insured's Rights and Duties. The Insured's rights or duties under this Policy may not be transferred without the Company's written consent. This provision does not apply to duties transferred to a Claims Service Company. XSWC000101O8 Page 14of17 29 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY E. Claims Service and Administration. This Policy contemplates the concurrent and continued existence of a separate service agreement between the Insured and the Claims Service Company(ies) acceptable to the Company named in Declarations Item 13. The performance of such services shall not constitute any understanding on behalf of the Company, nor relieve the Insured of any of the Insured's obligations under this Policy. The Insured must obtain prior written approval from the Company for any change in Claims Service Company. otherwise the change shall operate as notice of cancellation of this Policy by the Insured. If the Insured is a self-administered account, the provisions of this Section do not apply. F. Inspections and Surveys. The Company has the right but is not obligated to: 1. Make inspections and surveys at any time during the Insured's regular business hours; 2. Give the Insured reports on the conditions the Company finds; and 3. Recommend changes to the Insured's workers compensation -related procedures. Any inspections, surveys, reports or recommendations relate only to insurability of the Insured and the premiums to be charged. The Company does not make safety inspections. The Company does not undertake to perform the duty of any person or organization to provide far the health or safety of workers or the public. The Company does not warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to the Company, but also to any rating. advisory, rale service or similar organization which makes Insurance inspections, surveys or reports. G. Service of Suit Clause (US.A.) It is agreed that in the event of the Company's failure to pay any amount claimed to be due hereunder the Company, at the Insured's request, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Company's right to commence an action In any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any State in the United States. it is further agreed that service of process in such suit may be made upon the representative listed in Declarations Item 15, and that in any suit instituted against the Company upon this Policy, the Company will abide by the final decision of such court or of any Appellate court In the event of an appeal. The representative named in Declarations Item 15 is authorized and directed to accept service of process on the Company's behalf in any such suit and/or upon the Insured's request to give a written undertaking to the Insured that they will enter a general appearance upon the Companys behalf in the event such a suit shall be instituted. XS WC 00 01 01 Ota Page 15 of 17 30 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefore, the Company hereby designates the Superintendent, Commissioner or Director of Insurance, or other officer specified for that purpose In the statute or his successor or successors in affice, as the Company's true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by the Insured, or on the Insured's or any beneficiary's behalf, hereunder arising out of this Policy, and hereby designates the above- named as the person to whom said officer is authorized to serve such process or a true copy thereof. H. Cancellation. The Insured may cancel this Policy by giving the Company, through the Company's representative as stated in the Declarations Item 15, at least 30 days advance notice by registered mail stating the cancellation date. The Company may cancel this Policy by giving the Insured at least 30 clays advance notice by registered mail stating the cancellation date. The Company's mailing of registered notice to the Insured's address shown in Declarations Item 2(a) will be sufficient proof that the Company cancelled this Policy. XS WC 00 01 01 06 Page 16 of 17 31 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY Named Insured: Policy No.: Policy Period: IN WITNESS WHEREOF, New York Marine and General Insurance Company has caused this policy to be signed by its President and Secrelary. President Secretary XS WC 00 01 01 06 Page 17 of 17 32 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS AND AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY Premium Endorsement PART FOUR — PREMIUM, A. Deposit, Minimum and Adjustment Premiums is deleted and replaced with the following: \\ A. Deposit, Minimum and Adjustment Premiums. \"s. At the beginning of the policy period, the Insured must pay the Company Ow -deposit premium shown in Declarations Item 12(b). `�`� Premium is payable as follows: Amount Due Date \ The minimum premium shown in Declarations.Item 12(a) is hol,subject to adjustment unless the policy is canceled by the Insured or the Company. If 6ance* ley the Company; the minimum premium will be calculated on a pro rata basis. II canceled by the insured; the re nimum,premium will be the short rate calculation from the inception date to th6 canceltatiori date:- `• `,, At the end of the policy period ether: 1. The Insured will romil:to the Company the amount bq which the final premium is greater than the deposit premium; or 2. The Company will remit to tho Insured the amount by which the deposit premium is greater than the final premiufr;but not less than the minimum premium shown in Declarations Item 12(a). I/ `, . \ �; 7 y_ ,;) f {tips\' XS WC 00 05 01 06 Page 1 of 1 33 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS AND AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS UABILITY INDEMNITY POLICY Report Claims to: CLAIM REPORTING REQUIREMENTS Midlands Management Corporation 3817 Northwest Expressway Ste 1000 Post Office Box 22778 Oklahoma City, OK 73123-1778 Phone: 405-840-0074 Fax: 405-426-6197 The Insured, its agent or claims administrator shall give immediate notice to Midlands Management Corporation upon teaming of any of the following: A. Any claim, suit or proceeding that appears to involve indemnity by the Company; B. Any occurrence, claim, award, or proceeding judgment, which the incurred is $100,000; C. Any occurrence, which causes serious injury to two or more employees; D. Any case involving: 1. Amputation of major extremity; 2. Brain or spinal cord injury; 3. Death; 4. Disability for a period of nine months or more; 5. Permanent total disability as defined in the Workers' Compensation Act to the applicable state named in the Declarations; 6. Any second or third degree bum of 25% or more of the body; 7. Multiple or serious fracture 8. Loss of sight or hearing 9. Crushing or massive intemal injury E. The reopening of any case in which further award might involve liability of the Company; and F. Any case where the claimant has been on temporary total disability (T1 D) for a period of one year. G. Hospitalization of more than one (1) month. XS WC 00 06 01 06 PAGE 1 OF 2 34 The Insured shall make no voluntary settlement involving Toss to the Company except with the written consent of Midlands Management Corporation. The insured, agent or claims administrator shall forward promptly to Midlands Management Corporation any information it may request on the Individual occurrences, claims or cases. The Insured, agent or claims administrator shall render to Midlands Management Corporation within 45 days of the end of the contract period, and experience report on a form satisfactory to Midlands Management Corporation, showing in detail the amounts disbursed during the contract period in settling claims and the estimated future payments on, or reserves for, outstanding claims. Please make certain that all persons responsible for claims reporting activity In the Insured's firm are entirely familiar with these provisions. Attached are forms to be used in reporting claim data to Midlands: 1. WORKER'S COMPENSATION REPORT used to Initially report a claim, used as an interim report and used to close a claim. 2. CLAIMS RESERVE WORKSHEET to be used to advise Initial as well as updates of reserve estimates. 3. AGGREGATE WORKSHEET to be submitted on a quarterly basis. 4. EXCESS CLAIM REIMBURSEMENT REQUEST to be used when specific layer of coverage has been reached. Should you have any questions on the criteria or any other areas regarding the reporting of claims, please call Midlands Management Corporation, 405-840-0074. XS WC 00 06 01 06 PAGE 2 OF 2 35 New York Marine and General Insurance Company California Endorsement SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY PART FIVE-CONDmONS, H. Cancellation, is deleted in its entirety and replaced by the following: H. Cancellation. This policy may be canceled or non -renewed by the Insured or by the Company by giving written notice at least thirty (30) days prior to the date on which coverage is to cease. The notice must Include the date as of which the policy is to be canceled and must be sent by certified mail to the Insured's address as shown on Declarations Items 2(a). with a copy sent to: Office of Self Insurance Plans Attention: Manager 2265 Watt Avenue Suite 1 Sacramento CA 95825 XS WC 01 03 01 06 Page 1 of 1 36 NEW YORK MARINE AND GENERAL INSURANCE COMPANY FRAUD STATEMENT Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. ALASKA: A person who knowingly and with intent to injure, defraud, or deceive an insurance company files a claim containing false, incomplete, or misleading information may be prosecuted under state law. ARIZONA: FOR YOUR PROTECTION ARIZONA LAW REQUIRES THE FOLLOWING STATEMENT TO APPEAR ON THIS FORM. ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS IS SUBJECT TO CRIMINAL AND CIVIL PENALTIES. , 1 ARKANSAS: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for_insurance' is guilty of a crime and may be subject to fines and confinement in prison. ,==.:\\, CALIFORNIA: For your protection, California law requires that: -you be madea of the following: Any person who knowingly presents false or fraudulent claim for the payment of a loss ent is guilty of a crime and may be subject to fines and confinemIn state prison. `, COLORADO: It is unlawful to knowingly provide 1alse,' incomplete, or misleading facts or information to an insurance company for the purpose of tefrauding.pr,.attempting to defraud the company. Penalties may include imprisonment, fines, denial.pf,insurance,.and"civil damages. Any insurance company or agent of an insurance company who'‘knowingly p'rpvides false, incomplete, or misleading facts or information to a policyholder or claimant io`r.the, purpose of defrauding or attempting to defraud the policyholder or claimnt-wjih-regard to a;settlement or award payable from insurance proceeds shall be reported to the ,Colorado. division of insurance within the department of regulatory agencies. : ~ - DISTRICT OF COLUMBIA - WARNING: II isa crime td provide false, or misleading information to an insurer for the purpose of defrauding thelnsurer pr any other person. Penalties Include imprisonment and/or lines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the epp}cant. HAWAII: For your protectfoq. Hawaii law regt!fres you to be intorrned that any person who presents a fraudulent claim for eayment•or a loss or benefit is guilty of a crime punishable by fines or imprisonment, or both: • IDAHO: Any person who.knowingly, and with intent to defraud or deceive any insurance company, files a statement of'claim containing any false, incomplete or misleading information is guilty of a felony\ `} INDIANA: ny:person•who knowingly and with intent to defraud an insurer files a statement of claim cu ing ariy"false, incornplete, or misleading information commits a felony. LOUSIANA: Any person who knowingly presents a false or fraudulent claim for payment of a loss o1 benefitorknowir�gf�r presents false information in an application for insurance is guilty of a crime`andsmayte.subject to fines and confinement in prison. MAINE: It js a crime to knowingly provide false, incomplete or misleading information to an insurance coLnpa`ny for the purpose of defrauding the company. Penalties may include imprisonment, fines, or a denial of insurance benefits. MINNESOTA: Any person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime. NEW HAMPSHIRE: Any person who, with a purpose to injure, defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is subject to prosecution and punishment for insurance fraud, as provided In RSA 638:20. NEW JERSEY: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. NEW JERSEY: Any person who knowingly files a statement of claim containing any false or misleading information is subject to criminal and civil penalties. CL 04 01 01 06 Page 1 of 2 37 NEW YORK MARINE AND GENERAL INSURANCE COMPANY NEW MEXICO: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES. NEW YORK: The following statement is to be attached to and form a part of the policy application: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any faciaterial thereto, commits a fraudulent insurance act, which is a crime, and shalt also be subject to,a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such'1o`aUon. 01110: Any person who, with intent to defraud or knowing that he is fapifitating_a fraud;against an insurer, submits an application or files a claim containing a false or deceptive tat meert-is-guilty of insurance fraud. OKLAHOMA - WARNING — Any person who knowingly, an d 'with intent to iriJlJrer defraud or deceive any insurer, makes any claim for the proceeds of an\lnsurance policy.dontaining any false, incomplete or misleading information is guilty of a fe`ldny. � • OREGON: Any person who knowingly presents a false oi•��frudulent`cjaim,,f& payment of a loss or benefit or knowingly presents materially false informatio't In;an application for insurance may be guilty of a crime and may be subject to fines and confineinent'it pri p& PENNSYLVANIA: Any person who knowingly nd'l,llh'IntenRto defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purp6-Sa01,misleadippg, information concerning any fact material thereto commits a fraudulent Erlsurance act, which is.a crime and subjects such person to criminal and civil penalties. TENNESSEE: It is a crime to knoi4+ingly provide false,incomplete or misleading information to an insurance company for the purpose of defrauding the" company. Penalties include imprisonment, fines and denial of insurancebeneiits. VIRGINIA: 11 is a crime.to knowingiy`provide.fals , incomplete or misleading information to an insurance company fpi`the purpose oefrauding the company. Penalties include imprisonment, fines and denial of insuranf dce ;benefits.' • =.• \ `• `r• CL 04 01 01 06 i Page 2 of 2 38 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INDEMNITY POLICY MISCELLANEOUS ENDORSEMENT #xx It is hereby understood and agreed that Declarations Item 12 is deleted and replaced with: Item 12. Premium: (a) Minimum: $x)ocxxxxxxxx (b) Deposit: $xxxxxxxxxxx (c) Rate (per $108 of Total Payroll): xxxx.xxxx (d) Terrorism charge of $xxxxxxxx is included to 12(a) and 12(b) above and is adjustable at audit. All other terms remain unchanged. Applicable to and forming part of Policy Number xxxxxxxxxx Issued by New York Marine and General Insurance Company to xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx of 1SX dated fxDpcxxxxxxxXotxxxxxx. Authorized Representative ENDORSE xx 39 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INDEMNITY POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VOLUNTARY COMPENSATION AND EMPLOYERS LIABILTY COVERAGE ENDORSEMENT MANUSCRIPTED ESPECIALLY FOR XX This endorsement modifies the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. A. How This Insurance Applies This insurance applies, with respect to this endorsement, to bodily injury by accident or bodily injury by disease provided that the: 1. The bodily injury must be sustained by an employee included in the group of employees described in the Schedule below; 2. The bodily injury must arise out of and in the course of employment necessary or incidental to work in a state listed on Item 3 of the Declarations Page; 3. The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee is a United States or Canadian citizen temporarily away from those places: and 4. Bodily injury by accident must occur during the policy period. 5. Bodily injury by disease must be caused or aggravated by the conditions of the Insured's employment. The employee's last day of exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. SCHEDULE Employees Designated Workers Compensation Law All employees not subject to the workers Self Insured State compensation law. B. The Company Wilt Reimburse The Company will reimburse the Insured for the amount equal to the benefits that is excess of Insured's Specific Retention Combined as stated in Item 7 of the Declarations Page that would be required if the Insured's employee(s) described in the Schedule above were subject to the Workers Compensation Law shown in the Schedule. This reimbursement by the Company will not exceed the Company's Limit Each Accident Combined and Company's Limit Each Employee for Disease or Cumulative Injury Combined as staled in Item 8 (a) and 9 (a) of the Declarations Page. C. Exclusions — Payments You Must Make This Insurance does not cover. nor is Insured's Specific Retention Combined satisfied by. any of the following types of payments. ENDORSE XX Page 1 of 2 40 1. Any occurrences in the following countries: 2. Any obligation imposed by a workers compensation or occupational disease law. unemployment compensation, or disability benefits law or any similar taw; 3. Bodily injury intentionally caused or aggravated by the insured; or 4. Liability for any consequence. whether direct or indirect, of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, insurrection, rebellion, revolution, or military or usurped power. No endorsement now or subsequently attached to this policy will be construed as overriding or waiving this limitation unless specifically referenced. D. Our Reimbursement Before the Company will reimburse the insured for the amount equal to the benefits that are in excess of the Insured's Specific Retention Combined, the claimants must: 1. Release the Company and the Insured, in writing, of all responsibility for the injury or death; 2. Transfer to the Company the claimant's right to recover from others who may be responsible for the injury or death: and 3. Cooperate with the Company and do everything necessary to enable the Company to enforce the right of recovery from others. If the claimants make a recovery from others, the claimant must reimburse the Company for any benefits the Company has reimbursed the Insured. If the claimants fail to comply with this provision. the Company's obligation to reimburse the Insured or to pay any damages or expenses ends immediately. E. Employers Liability Insurance PART TWO — EMPLOYERS LIABILITY INSURANCE applies to bodily injury covered by this endorsement as though the state(s) of hire were listed in the Item 3 of the Declarations Page. The state(s) of hire include any location where the employee is normally employed. Ali other terms remain unchanged. Applicable to and forming part of Policy Number Issued by New York Marine And General Insurance Company to of _dated at New York. Authorized Representative ENDORSE XX Page 2 of 2 41 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 History of Premiums and Losses This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. June 11, 2014 42 City of Temecula History of Premium and Losses as of 4-18-14 Paid Losses Incurred Losses L N NAn• N N N 2 G.1 1) 0y 1J Q) 01 41 01 11 CU 1u 01 Q1 IU QJ ~> > > > > > > re ra`LE n3 at re `' it r it r- r Commerce & Industry American Home Assur. American Home Assur. v O1 V O V' 40 N 00 tel 01 S? N. to 00 01 n 00 N n O re a° a' o� o a4 0 on Qry O 03 r1 V Nin. QWo n a0 o Li CFI as of 4-18-14 as of 4-18-14 c r.F rn V f th 03 rn 0 03 0 N cii 07 cr ▪ th * 03 lD 0 N40CO * ri1 rn O1.0 tI} .R -i ^ 01 cit cn tn. r m 00 to. * *i1 .-t rn m tin Ln N Q1 00 r1 1-1 H 0 91 2 oo LD cr m .4% cr 6 03 41 � N m N [D .-s r-1 Cr, Ln V 0 rom Ln .-ti N Ol Ln rn '� ,r 00 •cT Ilii Crcf 47 r-. 1.0 ry rH rl r-1 N r -I rl H H S/t In to t4 '.T to to t N Vt v1 I * N a n cx n rn w .ti m n E z Ql u1 40 • 111 cc r-1 m N m = i- CD r-▪ dEN. N. In 01 1-. h tD V1 N • m m r -f Ni N N 't7 K • LD d U 1.4 /.n 11q to to to tn.i/ tri,try 3 Ero 1 E 0) in V * O1 N .-1 N In 1110 1.0 Cr/ .ti m ▪ N rt 00 '.0 01 R m 1n r-. tr n n Q1 V 'c7 N Q n00 00 Q? Ni - 00 ID rn 61 0• 03 cr1 N 00 Cr N m rn N N rn N szr v 40 tn. 4n to 11t to Ail in to U'i in cl rn tt-.r 0 01 00 R kr) C ▪ r • N r• _ -I 0 00 n (0 1.13 N . -1 .ti r-1 1 Q Q C] 0 4 w 1--1 e� r -i r-1 1-1 .-i wt r 1 rl .-d N N N N rJ N r4 N r i l'''.4 D 0 **AH Claims Closed 43 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806• (800) 228-7975 Application For A Public Entity Certificate Of Consent To Self -Insure This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. June 11, 2014 65 State of California Department of Industrial Relations Office of Self Insurance Plans 11050 Olson Drive, Suite 230 Rancho Cordova, CA 95670 Phone (9 lb) 464-7000 FAX (916)464-7007 Our File: APPLICATION FOR A PUBLIC ENTITY CERTIFICATE OF CONSENT TO SELF INSURE NOTE: All questions must be answered. If not applicable, enter "N/A". Workerscompensation insurance must be maintained until certificate is effective. APPLICANT INFORMATION Page 1 Legal Name of Applicant (show exactly as on Charter or other official documents): City of Temecula Street Address of Main Headquarters: 41000 Main St., Temecula, CA 92590 Mailing Address (if different from above): City, State, Zip Code Federal Tax ID No.: 33-0383649 TO WHOM DO YOU WANT CORRESPONDENCE REGARD NG THIS APPLICATION ADDRESSED? Name: Roberto Cardenas City of Temecula Company Name: Fiscal Services Manager fitic 41000 Main St. Mailing Address: City: Temecula CA 92590 State: Zip + 4: Telephone Number:951-693-3944 Type of Public Entity (cheek one): f5 City and/or County E School District I— Other (describe): Type of Application (cheek one): 17 New Application Email: roberto.cardenas@cityoltemecula.org E Police andJor Fire District n Hospital District n Joint Powers Authority r Reapplication due to Merger or Unification T Reapplication due to Name Change E Other (describe) Date Self Insurance Program will begin: 7-1-14 Form Na. A4-2 (2/92) 66 Page 2 CURRENT PROGRAM FOR WORKERS' COMPENSATION LIABILITIES • Currently Insured with State Compensation Insurance Fund, Policy Number: Policy Expiration Date: Yearly Premium: S Current Yearly Incurred (paid & unpaid) Losses: $ (FY or CY) E Currently Self Insured, Certificate Number: Name of Current Certificate Holder: IT(Insured with Travelers Prop y �.rr Casuals Co ulAm; #HJt.J139055L5124; Exp 2-1-15; Prem:S27G.932 Other (describe): JOINT POWERS AUTHORITY Will the applicant be a member of a workers' compensation Joint Powers Authority for the purpose of pooling workers' compensation liabilities? r Yes F No If yes, then complete the following: Effective date ofJPA Membership: JPA Certificate No - Name and Title ofJPA Executive Omcer: Name of Joint Powers Authority Agency: Mailing Address ofJPA: City: Telephone Number: State: Zip + 4: PROPOSED CLAIMS ADMINISTRATOR Who will be administering your agency's workers' compensation claims? (check one) ✓ JPA will administer, JPA Certificate No.: Third party agency will administer, TPA Certificate No.: 345 r Public entity will self administer r insurance carrier will sell administer Name of Individual Claims Administrator: Kevin Conley Name of Administrative Agency: Carl Warren & C'ompany Mailing Address: 10509 Vista Sorrento Pkwy. Suite 420 City: State: Zip + 4: San Diego, CA 92121 Telephone Number: `458-526-133$ 866-254-4423 FAX Number: 67 Page 3 one(1) Number of claims reporting locations to be used to handle the agency's claims: Will all agency claims be handled by the administrator listed on previous page? r Yes 7 No AGENCY EMPLOYMENT Current Number of Agency Employees: 310 including FT/PT Project Staff Number of Public Safety Officers (law enforcement, police or fire): 0 Ifa school district, number of certificated employees: N/A Will all agency employees be included in this self insurance program? I Yes 7 No If no, explain who is not included and how workers' compensation coverage is to be provided to the excluded agency employees: INJURY AND ILLNESS PREVENTION PROGRAM Does the agency have a written Injury and Illness Prevention Program? Individual responsible for agency Injury and Illness Prevention Program: Name and Title: Roberto Cardenas 11 Yes 7 No Company or Agency Name: City of Temecula Mailing Address: 41000 Main St. City: Temecula, CA 92590 State: Zip -1- 4: Telephone Number: 951-693-3944 SUPPLEMENTAL COVERAGE Will your self insurance program be supplemented by any insurance or pooled coverage under a standard workers' compensation insurance policy? 7 YesjX No If yes, then complete the following: Name of Carrier or Excess Pool: Policy Number: Effective Date of Coverage: 68 Page 4 Will your self insurance program be supplemented by any insurance or pooled coverage under a specific excess workers' compensation insurance policy? rX Ycs I- No If yes, then complete the following: Name of Carrier or Excess Pool:TBD Policy Number: TBD 7-1-14 Effective Date of Coverage: Retention Limits: $500,000 Will your self insurance program be supplemented by any insurance or pooled coverage under an aggregate excess (stop loss) workers' compensation insurance policy? E Ycs IR No If yes, then complete the following: Name of Carrier or Excess Pool: Policy Number: Effective Date of Coverage: Retention Limits• RESOLUTION OF GOVERNING BOARD See Attached Resolution -Page 5 CERTIFICATION The undersigned on behalf of the applicant hereby applies for a Certificate of Consent to Self Insure the payment of workers' compensation liabilities pursuant to Labor Code Section 3700. The above information is submitted for the purpose of procuring said Certificate from the Director of Industrial Relations, State of California. If the Certificate is issued, the applicant agrees to comply with applicable California statutes and regulations pertaining to the payment of compensation that may become due to the applicant's employees covered by the Certificate. Signature of Authorized Official: Date: 6/24/14 Typed Name: Aaron Adams Title: City Manager Agency Name: City of Temecula Seal (Emboss seal above or Notarize signature) 69 Page 5 RESOLUTION NO.: DATED: 6-24-2014 A RESOLUTION AUTHORIZING APPLICATION TO TI -LE DIRECTOR OF INDUSTRIAL RELATIONS, STATE OF CALIFORNIA FOR A CERTIFICATE OF CONSENT TO SELF INSURE WORKERS' COMPENSATION LIABILITIES At a meeting of the Board of City Council (enter title) of the City of Temecula (enter natne of public agency,. district) municipal corporation a organized and existing under the laws of (enter type of agency) the State of California, held on the 24 day of June following resolution was adopted: 2014 , the RESOLVED, that theCity Manager (enter position titles) be and they are hereby severally authorized and empowered to make application to the Director of Industrial Relations, State of California, fora Certificate of Consent to Self Insure workers' compensation liabilities on behalf of the City of Temecula (enter name of district) and to execute any and all documents required for such application. 1, Maryann Edwards . the undersignedtayor city council (enter name) of the Bearei•ofthe said City of Temecula (enter title) (enter name of agency) municipal corporation Mayor a , hereby certify that I ant the (alter type of vency ) pal corporation of said mimic (outer tido) , that the foregoing is a full, true and correct copy of the resolution duly (enter type of agency? City Council City Council passed by the Roardl at the meeting of said Rea.r.d held on the day and at the place herein specified and that said resolution has never been revoked, rescinded, or set aside and is now in full force and effect. IN WITNESS WHEREOF: I HAVE SIGNED MY NAME AND AFFIXED THE SEAL OF THIS Seal City of Temecula 24 THIS (mei" type ersgency) DAY OF June 2014 (Signature) 70 Commercial Insurance Proposal ,••,41.1‘7"`"?.— Brown41,1'`"?. Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806• (800) 228-7975 Brown & Brown Insurance Services of California Spectrum Service Brown & Brown Insurance Services of California is happy to offer all clients a full suite of service not only for your business but also for your personal insurance needs. Spectrum Service provides protection in the following areas: Yes Employee Benefits Medical, dental, vision, life and disability for your employees No Yes Yes Yes Yes Personal Homeowners, auto, collectibles and more Contingency Planning Life/Disability/Long Term Care Business Perpetuation Buy-Sell/Key Man Financial Planning Estate/Asset Protection • Retirement/Investment Planning No No No No This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. June 11, 2014 71 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 own rown INSURANCE Insurance Proposal Submitted For: City of Temecula PROPERTY, EARTHQUAKE & FLOOD/ DIFFERENCE IN CONDITIONS, AUTOMOBILE PHYSICAL DAMAGE AND CRIME INSURANCE PROPOSAL (Extension of Existing Coverage) Policy Term: Existing Coverage: 02/26/2014 to 02/26/2015 (Extension from 02/26/2015 to 07/01/15) Submitted by: Mike Bush Senior Vice President This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. 1 Mb201402Prop/IM/AutoPhysDmg-DIC June 12, 2014 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE Thank you for inviting us to develop and present a Risk Solution Program to you. We welcome the opportunity to become involved with your company. We have worked to identify your needs and concerns, and to develop a program for your insurance. Brown & Brown, Inc. is the seventh largest independent agency organization nationally.1 The company provides a variety of insurance products and services to corporate, institutional, professional and individual clients. Headquartered in Daytona Beach and Tampa, Florida, Brown & Brown is publicly traded on the New York Stock Exchange (BRO) and has been included in Forbes' list of the "200 Best Small Companies in America". The company handles clients' premiums in excess of $10 Billion annually and has approximately 6,500 employees. While size is not the sole criteria for choosing an insurance agent, it does enable us to offer our clients clout in the marketplace and unmatched service capability. Please feel free to visit our website at www.bbinsurance.com. This brief description of insurance coverage is being provided as an accommodation only and is not intended to cover or describe all policy terms. For more complete information on the scope and limits of coverage please refer to the policy document. As listed in Business Insurance magazine, July 1 8, 201 1 edition This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 2 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 own rown INSURANCE Account Executive Mike Bush (714)221-1853 phone (714) 221-4143 fax mbush@bbsocal.com email Mike Bush is responsible for overseeing all aspects of your program. Peggy L. Coleman Account Manager (714)221-1883 phone (714) 221-4143 fax pcoleman@bbsocal.com Peggy L Coleman will assist with the daily servicing of your account, including endorsements, certificate requests, client services, program design, accounting, quality assurance and market relationships. Judith Villalobos (Backup) Account Manager (714)221-1828 phone (714) 221-4128 fax jvillalobos@bbsocal.com Feel free to contact anyone on this list if you have questions or concerns regarding your insurance policy. ly. Please refer to the policy for actual terms/conditions. be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE IMPORTANT NOTICE DISCLAIMER Disclaimer: This proposal presented is based upon the exposures to loss made known to the agency. Any changes in these exposures (i.e. new operations, new products, additional state of hire, etc.) need to be promptly reported to our agency in order that proper coverage(s) may be put in place. The proposal contains only a general description of the coverage(s) and does not constitute a policy / contract. This brief description of insurance coverage is being provided as an accommodation only and is not intended to cover or describe all policy terms. For more complete information on the scope and limits or coverage, please refer to the policy document. The proposal includes, but is not limited to, the terms, exclusions and conditions listed. For complete policy information, including exclusions, limitations and conditions, refer to the policy document. II Non -Admitted Carrier Taxes: $Per Section Fees: $Per Section Minimum Earned Premium: Per % Section Higher Limits may be available upon request V Premiums may be subject to audit Premiums include Terrorism Coverage except for DIC coverage. Policy Type Carrier Rating Property, APHD, Crime Travelers Insurance Companies A+XV; (Admitted) Earthquake & Flood/Difference in Conditions See Earthquake Section for Carriers Ratings and Taxes/Fees Please read your policy for specific details. The information obtained from A.M. Best's Rating is not in any way a warranty or guaranty by Brown & Brown, Inc. of the financial stability of the insurer and this information is current only as of the date of publication. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 4 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE A.M. Best Rating of Proposed Carriers General Rating: These rating classifications reflect BEST's opinion of the relative position of each company in comparison with others, based upon averages within the Property -Casualty insurance industry. They are reflective of overall company services and standing within the industry. A++, A+ Superior B++ Very Good C++, C+ Fair A, A- Excellent I B, B- Good I C, C- Marginal Financial Size Category: The financial Size Category is an indication of the size of an Insurer and is based on reported Policyholders' surplus plus conditional or Technical Reserve Funds, such as mandatory securities valuation reserve, other investment and operating contingency funds and/or miscellaneous voluntary reserves in liabilities. Financial Size Category (in Thousands) Class I Up to $1,000 Class II $1,000 to $2,000 Class III $2,000 to $5,000 Class IV $5,000 to $10,000 Class V $10,000 to $25,000 Class VI $25,000 to $50,000 Class VII $50,000 to $100,000 Class VIII $100,000 to $250,000 Class IX $250,000 to $500,000 Class X $500,000 to $750,000 Class XI $750,000 to $1,000,000 Class XII $1,000,000 to $1,250,000 Class XIII $1,250,000 to $1,500,000 Class XIV $1,500,000 to $1,750,000 Class XV $1,750,000 to $2,000,000 This information has been provided to you so that consideration is given to the financial condition of our proposed carriers. The financial information disclosed is the most recent available to This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 5 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE Claims Reporting Guidelines Make Brown & Brown, Inc. aware of any and all incidents immediately after they occur, whether it be an auto accident, a theft, slip & fall, even a minor incident that appears will have no future activity. Do not wait for a police report. Gather as much concrete information as possible. For example, police reports, company incident reports, conversation logs, medicals and pictures - anything that may assist in the handling of your claim. Send this information either by mail, e-mail or fax to: Brown & Brown Insurance Services of CA, Inc. 2401 E. Katella., Suite 550, Anaheim, CA 92806 (714)221-1883 (714) 221-4196 fax pcoleman@bbsocal.com If you have any questions or incur any problems, please call our office and we will be glad to assist in any way we can. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 6 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 own rown INSURANCE What is an Audit? Policies which use fluctuating values as the exposure basis, i.e.: payroll or sales are subject to an audit. The company may visit your business to examine your records or ask you to complete a voluntary "mail in" audit. If at the time of the audit your exposures are different from what you estimated at the time your policy was written, you will receive a return premium credit or an additional premium billing. If you subcontract any work, it is essential that the subcontractor provide you with a Certificate of Insurance indicating that insurance coverage is in place for General Liability, Workers Compensation, and Automobile Liability. If at the time of audit you do not have evidence of insurance from your subcontractors, you will be charged an additional premium for the payroll of the subcontractor on your policies. We recommend you require subcontractors to carry insurance via a contract. Audits that generate an additional premium are due upon receipt. It is important that you review audits as soon as you receive them and advise us of any discrepancies in the exposures immediately so that we may inform the insurance carrier. If payment of the audit is not received by the insurance company on a timely basis, your coverage may be canceled and could adversely affect the future placement of insurance coverage. We recommend that you review the actual exposures as compared to your estimated exposures quarterly and advise us of any significant variance. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 7 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE Important Information Compensation: In addition to the commissions or fees received by us for assistance with the placement, servicing, claims handling, or renewal of your insurance coverages, other parties, such as excess and surplus lines brokers, wholesale brokers, reinsurance intermediaries, underwriting managers and similar parties, some of which may be owned in whole or in part by Brown & Brown, Inc., may also receive compensation for their role in providing insurance products or services to you pursuant to their separate contracts with insurance or reinsurance carriers. That compensation is derived from your premium payments. Additionally, it is possible that we, or our corporate parents or affiliates, may receive contingent payments or allowances from insurers based on factors which are not client -specific, such as the performance and/or size of an overall book of business produced with an insurer. We generally do not know if such a contingent payment will be made by a particular insurer, or the amount of any such contingent payments, until the underwriting year is closed. That compensation is partially derived from your premium dollars, after being combined (or "pooled") with the premium dollars of other insureds that have purchased similar types of coverage. We may also receive invitations to programs sponsored and paid for by insurance carriers to inform brokers regarding their products and services, including possible participation in company - sponsored events such as trips, seminars, and advisory council meetings, based upon the total volume of business placed with the carrier you select. We may, on occasion, receive loans or credit from insurance companies. Additionally, in the ordinary course of our business, we may receive and retain interest on premiums you pay from the date we receive them until the date the premiums are remitted to the insurance company or intermediary. In the event that we assist with placement and other details of arranging for the financing of your insurance premium, we may also receive a fee from the premium finance company. Questions and Information Requests: Should you have any questions, or require additional information, please contact this office at 1-800-228-7975 or, if you prefer, submit your question or request online at www.bbsocal.com This proposal contains only a general description of the coverage(s) and does not constitute a policy/ contract. For complete policy information, including exclusions, limitations, and conditions, refer to the policy document. This proposal is based upon the exposures to loss made known to the Agency. Any changes in these exposures (i.e., new operations, new products, additional states of hire, etc.) need to be promptly reported to us in order that proper coverage(s) may be put into place. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/IM/AutoPhysDmg-DIC June 12, 2014 8 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE Wholesale Broker/Managing General Agent: Swett & Crawford This intermediary is is not owned in whole or part by Brown & Brown, Inc., the parent company of Brown & Brown Insurance Services of California, Inc, Brown & Brown entities operate independently and are not required to utilize other companies owned by Brown & Brown, Inc., but routinely do so. In addition to providing access to the insurance company, the Wholesale Insurance Broker/Managing General Agent may provide additional services including, but not limited to: underwriting, loss control, risk placement, coverage review, claims coordination with insurance company; and policy issuance. Compensation paid for those services may be up to 15% of the premium you pay for coverage, and any compensation paid for those services is derived from your premium payment. The Fee, if any, for the Wholesale Insurance Broker's/Managing General Agent's services above is $0.00. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 9 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 own row INSURANCE Named Insureds The following are named insureds on your policies: City of Temecula Temecula Community Services District Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Redevelopment Agency of the City of Temecula Temecula Public Financing Authority Temecula Housing Authority Please verify the accuracy of each name on this list and update if needed. Location Schedule: Loc # Bldg. # Address Description All City Operations This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 10 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 own rown INSURANCE PROPERTY (Incl. Business Interruption, Boiler & Machinery, Inland Marine, Fine Arts, EDP) ♦ Statement of Values ♦ Premium Summary ♦ Marketing Results Valuation: Replacement Cost Coverage Actual Cash Value Coverage (Replacement Cost - depreciation) This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 11 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE An Explanation of PROPERTY BUILDINGS: (Real Property) Buildings or structures including extensions, fixtures, machinery and equipment constituting a permanent part of the building, building service equipment and supplies. CONTENTS: (Personal Property) All business property including stock, fixtures, equipment while in the building or in the open within 100 feet of the premises. IMPROVEMENTS & BETTERMENTS: Alterations or additions to any building not owned by insured. BUSINESS INCOME: Reimburses insured for loss of income resulting directly from interruption of business caused by damage to or destruction of real or personal property, by perils insured against. The company is liable for the actual loss of net income that would have been earned or incurred and continuing normal operating expenses including payroll. This form of insurance provides "disability Income" for your business and the function of it is to replace the operating income of your business during the period when damage to the premises or other property prevents this from being earned. It is from your operating income that your business meets expenses of payroll, light, heat, advertising, telephone, etc., and from which is derived your profit. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 12 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 own rown INSURANCE This form is subject to coinsurance of either 50%, 60%, 70%, 80%, 90%, 100% or 125%. MAXIMUM PERIOD OF INDEMNITY: Provides loss of income the same as business income except that coverage is limited to 120 days and is not subject to coinsurance. MONTHLY LIMIT OF INDEMNITY: Provides loss of income based on insured's highest monthly loss times length of maximum down time. Not subject to coinsurance. EXTRA EXPENSE: If your building was rendered untenantable by fire or by any other insured peril, it would probably be deemed necessary to secure other quarters to continue operations. However, the use of such buildings would undoubtedly involve many extra expenses such as rents, installation of telephones, etc. Extra Expense Coverage would provide the necessary money for such expenditures. CONTINGENT BUSINESS INTERRUPTION: Indemnifies the insured for loss of gross earnings and continuing charges and expenses resulting directly from necessary interruption of his business due to damage to or destruction of (a) Contributing properties which are firms supplying raw materials or parts to the insured and (2) Recipient properties which are firms to which products of the insured are furnished. AGREED VALUE ENDORSEMENT: An agreement made by the insured company that they will waive the coinsurance clause on specified property if a loss caused by an insured peril occurs after the date of the endorsement and prior to the expiration of the policy. If this endorsement is not extended by endorsement beyond the expiration date the Coinsurance Clause is automatically reinstated. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 13 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 own rown INSURANCE VALUE REPORTING FORM: If your stock values fluctuate from month to month, this is the most feasible plan you can have as you report exact amount of exposure present. This policy is written subject to the 100% Coinsurance Clause and the values are adjusted at the end of each year. You will either receive a return premium or an additional premium, depending upon the average value reported. The deposit premium is based on 75% of the face amount of insurance shown. PLATE GLASS: "All Risk" of direct physical loss. Includes the expenses of repairing frames, installing temporary plates, or boarding up opening. Coverage is for Full Replacement Cost, less deductible. EMPLOYMENT DISHONESTY: This covers loss of money, securities or property belonging to the insured or for which the insured is legally liable due to employee dishonesty. Burden of proof rests with the insured. Policy does not cover inventory losses based on an inventory computation or a profit and loss computation, unless the insured can prove through evidence wholly apart from such computation that the loss was sustained through dishonest acts of employees. Under Blanket Position Bond each employee is bonded for policy limit, while under Commercial Blanket Bond the policy limit applies regardless of the number of employees involved. MONEY & SECURITIES BROAD FORM: The company pays for loss of money and securities by the actual destruction, disappearance or wrongful abstraction of same from within the premises or while being conveyed by a messenger outside the premises. ACCOUNTS RECEIVABLE: "All Risk" protection is provided which includes the following perils: fire, lightning, windstorm, hail, riot, civil This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 14 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 own rown INSURANCE commotion, strikes, explosion, aircraft, vehicle damage, collapse of building by weight of ice, snow or sleet, vandalism and malicious mischief, burglary and theft and other perils not excluded by the policy. The intent of this insurance, if any of the above losses occur, is to provide coverage for the following: • All sums due you from customers, provided you are unable to effect collection thereof as a direct loss or damage to records of accounts receivable. • Interest charges on any loan to offset impaired collections pending repayment of such sums made collectable by such loss or damage. • Collection expense in excess of normal collection cost made necessary because of such loss or damage. • Other expense, when reasonably incurred by you in re-establishing records of accounts receivable following loss or damage. INSTALLATION FLOATER: Covers materials and supplies destined to be installed or erected while in transit or at a job site. Tools and equipment of the insured and property at owned or rented premises is excluded. NEON SIGN COVERAGE: Policies are written on "All Risk" basis, subject to the following exclusions: • Wear and tear and gradual deterioration • Loss caused by installation • Mechanical breakdown • Loss caused by dampness of atmosphere • Loss caused by war This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 15 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 own rown INSURANCE • Loss caused by nuclear reaction VALUABLE PAPERS: Valuable papers means written, printed, or otherwise inscribed documents and records, including books, maps, films, drawings, abstracts, deeds, mortgages and manuscripts. Valuable papers would cover the cost of research to reconstruct damaged records, as well as the cost of new paper and transcription. It is an "All Risk" form. This endorsement does not apply to the following: • Fraudulent or dishonest acts by the insured • Loss resulting directly from errors or omissions in processing or copying the valuable paper • Wear, tear, gradual deterioration, vermin, or inherent vice • Loss due to electrical or magnetic injury, or erasure of electronic recordings except by lightning • Loss due to nuclear reaction • Loss caused by warlike action • Loss of property held as samples or for sale or for delivery after sale. CONTRACTORS TOOLS & EQUIPMENT: A floater used to cover a wide variety of movable equipment. Coverage can include small items such as hand tools, i.e., hammers, circular saw, jig -saw, pumps, etc. EQUIPMENT FLOATER: A floater used to cover a wide variety of owned and rented equipment. Coverage can also include equipment rented to others. See your specific form for details. COMPUTER: MEDIA - magnetic tapes, discs, drums, or other materials on which data are recorded. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 16 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE EQUIPMENT - machinery used to read and produce information kept on the media. LOSS OF INCOME - when normal operations are curtailed because of damage to or destruction of the equipment or the media. EXTRA EXPENSE - additional cost incurred by an insured in its attempt to conduct business on a normal basis after damage or destruction of its processing system. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 17 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE An Explanation of SPECIAL FORM COVERS ALL DIRECT CAUSES OF LOSS, SUBJECT TO, BUT NOT LIMITED TO, THE FOLLOWING EXCLUSIONS: ➢ Explosion of steam boilers ➢ Voluntary parting via trick or device ➢ Mysterious disappearance or inventory shortage • Wear and tear y Loss caused by birds, insects, rodents or other animals Mechanical breakdown ➢ Artificially generated electrical currents ➢ Continuous or repeated seepage or leakage of water over a period of 14 days or more • Smog ➢ Dishonest act or omission by an insured, employee, volunteer or authorized representative • Rust, corrosion, fungus, decay, deterioration or latent defect ➢ Earth movement Dampness or dryness of atmosphere, extremes of temperature • Water leakage from failure to protect from freezing Flood - surface waters or water which backs up through sewers or drains. Water below the surface of the ground, including that which This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 18 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE exerts pressure or flows, seeps or leaks through sidewalks, driveways, foundations, walls, basement or other floors, or through any opening. ➢ Governmental Action ➢ Nuclear Hazard ➢ War • Power Failure ➢ Building Ordinance • Rain, snow, ice or sleet to personal property in the open ➢ Release of contaminants ➢ Setting or cracking • Marring or scratching • Smoke, vapor or gas from agricultural smudging or industrial operations • Collapse except as provided by additional coverage ➢ Failure to act, inadequate planning, or defective design, materials, or maintenance A SPECIAL FORM provides much broader coverage than a BASIC or BROAD PERILS policy in lieu of a limited number of perils insured against under the BASIC or BROAD PERILS policy. The SPECIAL FORM places the burden on the insurance company to pay any loss that is not specifically excluded in the policy contract. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 19 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE What is Co -Insurance? The co-insurance clause is found in almost every property policy. It states that the insurance company will not pay the full amount of any loss if the covered property is, for whatever reason, covered for less than the required insurable value at the time of loss. Required insurable value equals the value of the covered property at the time of loss multiplied by the coinsurance amount. Examples of Co-insurance at 80%: Building Value Insurance Carried Loss Insurance Pays $100,000 $100,000 $60,000 $60,000 $100,000 $80,000 $60,000 $60,000 $100,000 $70,000 $60,000 $52,500* *Amount carried (70,000) x Loss — Deductible = Recovery Amount Amount Required (80,000) Ordinance or Law Coverage: Coverage is provided when the insured is required by enforcement of building, zoning or land use ordinance or law to repair, replace or demolish a covered building property. Description of Coverage: Coverage Limits of Coverage A. Loss to the undamaged portion of the building allows a partially damaged building to be valued as a total loss B. Demolition Cost C. Increased Cost of Construction OR: Blanket Limits Coverage B and C. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 20 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE PREMIUM SUMMARY PROPERTY (EXCLUDING EARTHQUAKE & FLOOD) Machinery Breakdown Building & Business Personal Property Business Income w/Extra Expense EDP Property on Prem Fine Arts - AOL Fine Arts in Transit Fine Arts on Premises Personal Property Personal Property - AOL Scheduled Personal Property Valuable Papers on Premises Total Property: 2009/20 2010/2011 10 $8,218 $10,214 $65,391 $72,105 NOTES: Included Included Included Included Included Included Included Included Included Included $73,609 Included Included Included Included Included Included Included Included $82,319 2011/2012 2012/20 2013/20 2014/20 13 14 15 Included Included Included Included $91,271 $110,708 $121,306 "128,868 Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included $91,271 $110,708 $121,306 $128,868 a) COMBINED SCHEDULED BUILDING & PERSONAL PROPERTY VALUES 2006 2007 2008 2009 2010 $52,565,750 $68,915,750 $80,801,938. $80,590,138 $100,548,991 .1248 .1109 0974 .0913 .0819 2011 2012 2013 2014 $1 39,147,695 142,437,895 143,51 1 ,895 145,846,895 .0656 .0777 .0871 .0883* This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/IM/AutoPhysDmg-DIC June 12, 2014 21 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE Premium for 2-26-14 to 2-26-15: $128,868 (Extension Premium for Period 2-26-15 to 7-1-15 = $128,868 X .342 Pro -Rata Factor) = $44,073. 2014 Value Increase: 1.63% (*Includes Playground Equipment) b) Rate Increase: 4.5% (Travelers) c) Premium Increase: 6.2% (Travelers) Includes: 1 .63% Value increase & 4.5% rate increase for Travelers (1 .0163 x 1 .045 = 1 .062 ) Travelers "Terrorism included at $3,748 (Travelers) PREMIUM PAYMENT OPTIONS 1. Payment in Full 2. 4 Payments - 25% due at inception, 25% due at 4th, 7th, & 1 Oth month This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 22 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE MARKETING RESULTS PROPERTY (EXCLUDING EARTHQUAKE, FLOOD & AUTOMOBILE PHYSICAL DAMAGE) Travelers Insurance Company $128,868 2014 A.M. Best Rating: A+: XV; Admitted Chubb 2014 A.M. Best Rating: A++: XV; Admitted Fireman's Fund Insurance Company 2014 A.M. Best Rating: A: XV; Admitted Chartis Insurance Company 2014 A.M. Best Rating: A: XV; Admitted Hartford Insurance Company 2014 A.M. Best Rating: A: XV; Admitted $1 35,000+ Cannot cover Auto Physical Damage Cannot cover Auto Physical Damage Unable to Compete with Incumbent Pricing Not a Market for Municipalities This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 23 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 own rown INSURANCE Allied Insurance 2014 A.M. Best Rating: A: XV; Admitted Crum & Forster Insurance Comapny 2014 A.M. Best Rating: A: XII; Admitted Golden Eagle Insurance Company 2014 A.M. Best Rating: A: XV; Admitted Philadelphia 2014 A. M. Best Rating: A++; XV; Admitted Unable to compete with incumbent pricing No California Business Not a Market for Municipalities $1 38,976; Cannot cover Auto Physical Damage This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 24 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 own row INSURANCE DIC (Including Earthquake & Flood) ♦ Statement of Values ♦ Premium Summary This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 25 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE DIFFERENCE IN CONDITIONS Coverage: Interests Covered: Limits: Sublimits: Deductible: Conditions: DIC, including Earthquake (Not Including Earth movement), Flood & Earthquake Sprinkler Leakage Buildings, Business Income, Contents, Electronic Data Processing, Extra Expense, Improvements & Betterments, Stock and Valuable Papers $35,000,000 Per Occurrence & in the Annual Aggregate (last year: separately as respects Earthquake, Flood & 35,000,000) Earthquake Sprinkler Leakage 5,000,000 Building Ordinance, Increased Cost of Construction & Demolition 7,100,000 Valuable Papers & Records $500,000 Property of Others $500,000 Owned Property at Other Locations $50,000 Per Occurrence, all perils except 5.0% Per Unit of Insurance for Earthquake & Earthquake Sprinkler Leakage(including Time Element as a unit), subject to a $50,000 minimum per Occurrence $100,000 Per Occurrence Flood Except: 2% Per location with a $500,000 Minimum Per Occurrence for Flood Zone A, V & Shaded X TERM: 12 Months (Quoted)(with 4 month or 16 month pro -rata options) EFFECTIVE DATE: 2-26-14 VALUATION: Replacement Cost except Actual Loss Sustained on Time Element This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 26 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE Subject to: Premium: COINS: Nil VALUES: $1 53,849,497(Last Year $147,241,345) WARRANT: All Risk Underlyer • Debris Removal Clause • Receipt of Terrorism Disclosure Notices, prior to binding. • Locations marked "X", per DIC Schedule attached • Loss Control Survey $236,250 $7,592 Surplus Lines Tax/Fee & Policy and Intermed. 1 ,000 Fees Policy Cat Fee (Fully Earned) $244,842 Total (See Alternate Limits Quote) Premium for 2-26-14 to 2-26-15: $244,842 (Extension Premium for Period 2-26-1 5 to 7-1-15 = $244,842 X .342 Pro -Rata Factor) = $83,736 Rates: Various Cancellation: 30 days Notice of Cancellation except 10 days for non- payment of premium. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 27 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE *Unit of Insurance a) Each separate Building or Structure b) Contents in each separate Building or Structure c) Property in Yard d) Business Income/Extra Expense Valuation: Replacement Cost: Property Damage & Stock Valuation; Actual Loss Sustained: Time Element including Extra Expense Terrorism/TRIA: TRIA (Terrorism Risk Insurance Act), Empire Indemnity Co. is offering coverage for annual additional premium of $73,125 + $3.2% Taxes/Fees. Princeton E & S, Hiscox, QBE & Ironshore-TRIA-Offered @ 45,000 + Optional Increase in 3.2% Taxes & Fees. Must have declination/ acceptance Occurrence & Annual of offer at time of binding. Aggregate Limit a) 10,000,000 Excess over $35,000,000. Premium: $1 5,000 + .032 Taxes and Fees + Policy Cat Fee of $200. Participating Company Participatio n Layer Premium Taxes & Fees Empire Indemnity Ins. 100% $10,000,000 $146,250 $200.00 Policy Company Cat Fee; 2014 A.M. Best Rating: A+: $4,686 XV; Non -Admitted 100% $25,000,000 $80,000 SLT/Fee xs Princeton E & S $10,000,000 $800.00 Policy 2014 A.M. Best Rating: A+: Cat Fee; XV $2,905.60 Non -Admitted SLT/Fee This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/IM/AutoPhysDmg-DIC June 12, 2014 28 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE Hiscox 2014 A. M. Best Rating: A: XII Admitted QBE Specialty 2014 A. M. Best Rating: A: XV Non -Admitted Ironshore/Ironshore Europe 2014 A.M. Best Rating: A: XIV Admitted/Non-Admitted Note: Quote expires 30 days from quote date. Full premiums and fees are due and payable 20 days from inception. 25% MINIMUM EARNED PREMIUM ♦ 100% MINIMUM EARNED ON FEES Major Terms & Conditions: Form: Company Form Major Exclusions Terrorism- (company form)(If declined) and (except as provided under TRIPRA of 2007 Pollution (Company Form) Nuclear, Biological, Chemical, Seepage Asbestos/Contamination (Company Form) War Mold Theft This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 29 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE Additional Comments: Flood -Locations located in 100 year flood plain, X500, shaded X and B flood zones. Boiler & Machinery Electronic Data & Computer Systems (company form) All Risk Perils (including windstorm) Ensuing Loss Building Ordinance, Excluded in excess layers, but will allow losses to erode the aggregare. Further Subject To: Signed Terrorism Notice Signed D-1 Form THE EXCLUSION FOR FLOOD ZONE A, V & SHADED X DOES NOT APPLY TO THE FOLLOWING LOCATIONS. IN ADDITION, COMPANY(IES) AGREES THAT IF THERE IS ANY CHANGE IN FLOOD ZONE DESIGNATIONS BY FEMA TO ANY OTHER COVERED LOCATION UNDER THIS POLICY THEY WILL AGREE TO COVER. THIS AGREEMENT IS LIMITED TO CHANGES IN FLOOD ZONE CLASSIFICATIONS MADE AFTER THE INCEPTION DATE OF THIS POLICY. 1. 43200 Business Park Dr., Temecula, CA 2. 43230 Business Park Dr., Temecula, CA 3. 42081 Main Street, Temecula, CA 4. 42049-51 Main St., Temecula, CA 5. 28300 Mercedes, Temecula, CA 6. 2 Arches @ Old Town Temecula, Temecula, CA (Flood Deductible for Flood Zones A, V, & Shaded X is 2% per location with a 500,000 minimum per occurrence.) This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 30 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE Terms & Conditions(Other): Company Form plus mandatory forms and endorsements; Excess follow form Including: • 90 Days NOC except 10 days for non-payment of premium • Warrant All Risk Underlyer • Debris Removal Clause (Company Form) • Excess Limit of Liability & Participation Clause (Company Form) • Drop Down Clause applicable only to covered locations, perils and interests This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 31 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE DIC PREMIUM SUMMARY EARTHQUAKE & FLOOD Annual Premium Annual Premium 2014/2015 Insurance Company 2013 /2014 $236,250.00 Empire Indemnity Company* $236,206.00 8,592.00 plus Taxes/Fees 7,764.99 $244,842.00 $871.01 Additional $243,970.99 *For 2014/2015: Empire Indemnity + (See Participating Companies) Premium Increase: Value Increase: (Total Insured Values) 244,842.00 = 0.0% (Increase) 243,970.99 153,849,497 1 47,241 ,345 = 4.5% (Increase) Rate Decrease: 12.5% (Decrease) 2007 Total DIC Limit $15M Ded. 10% Values: 69,830,088 Premium: 209,137.50 2008 Total DIC Limit $25M Ded. 7.5% Values: 82,224,088 Premium: 145,467.48 2009 Total DIC Limit $25M Ded. 5% Values: 82,493,816 Premium: 1 58,992.34 �+t y�'rr?;f to This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 32 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 own rown INSURANCE 2010 Total DIC Limit $25M Ded. 5% 179,818.50 2011 Total DIC Limit $35M Ded. 5% 238,138.50 2012 Total DIC Limit $35M Ded. 5% 249, 706.5 7 2013 Total DIC Limit $35M Ded. 5% 243,970.99 2014 Total DIC Limit $35M Ded. 5% 244,842.00 Note: Values: 106,565,469 Premium: Values: 147,004,595 Premium: Val Val Val ues: 147,242,345 ues: 147,241 ,345 ues: 1 53,849,497 Premium: Premium: Premium: (a) Terrorism not included above, see options (b) Premium increase of 0.0% (comprised of a value increase of 4.5% and a rate decrease of 4.3%) PREMIUM PAYMENT OPTIONS 1. Payment in Full 2. Premium Finance: 25% down payment and 9 monthly installments This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 33 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE OTHER MARKETING RESULTS (Plus Taxes & Fees, where applicable) Atlas 2014 A.M. Best Rating: TBD Beazley 2014 A.M. Best Rating: A:VIII Landmark American Insurance Company 2014 A.M. Best Rating: A: XIII Limit Premium Not Price Competitive Declined: Underwriting Reasons $5,000,000 $250,000 (Primary) @ 10% Ded. ICAT Specialty Insurance Company(Lloyds Declined: Due Syndicate) to TIV's too 2014 A.M. Best Rating: A: XIII high Aspen Insurance Declined 2014 A.M. Best Rating: A: XV Avondale 2014 A.M. Best Rating: TBD Declined: Flood Exposure This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 34 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE Axis 2014 A.M. Best Rating: A+:XV Berkley 2014 A.M. Best Rating: A+:XV AWAC 2014 A.M. Best Rating: TBD Not Price Competitive Indicated $193,000 $5 X $5 Not Price Competitive Arrowhead See Quote 2014 A.M. Best Rating: A+: XI BRIT 2014 A.M. Best Rating: TBD Commonwealth 2014 A.M. Best Rating: A-: X ICW 2014 A.M. Best Rating: A-: IX Alterra E & S Insurance Company 2014 A.M. Best Rating: A: XV Indicated $1 50,000 $5 X $5 Not Price Competitive Declined: Flood Exposure Not Price Competitive Ironshore Not Price This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 35 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE 2014 A.M. Best Rating: A: XIV QBE 2014 A.M. Best Rating: A: XV Liberty Int'I Underwriters 2014 A.M. Best Rating: TBD Mt. Hawley 2014 A.M. Best Rating: A+: XI Westchester 2014 A.M. Best Rating: A+: XV Colony 2014 A.M. Best Rating: A: XII Endurance 2014 A.M. Best Rating: A: XV Houston Casualty Competitive (Except Excess) Declined: Too Much Flood Exposure (Except Excess) Can only consider $5x$5 Not Price Competitive Not Price Competitive Can not write Primary Not writing any EQ Zone B locations Declined: Flood Exposure This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 36 Commercial Insurance Proposal to Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE 2014 A.M. Best Rating: A+: XV Scottsdale 2014 A. M. Best Rating: A+: XV Maxum 2014 A. M. Best Rating: A-: VIII Hudson 2014 A. M. Best Rating: A: XV Declined: Flood Exposure Declined: Flood Exposure Declined: Flood Exposure This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. M b201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 37 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE AUTOMOBILE PHYSICAL DAMAGE COVERAG E This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. M b201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 38 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 39 CITY OF TEMECULA AUTO PHYSICAL DAMAGE SCHEDULE Vehicle Description / ID No. Cost New Comp Ded Coll Ded USE L 1 1992 GMC MAC III Top Kick w/Breathing Support #1 GDP7H1J502955 $208,259 2,000 2,000 Fire Truck 2. 1995 Sentry Pumper #4ENRAAA8651004369 $206,005 2,000 2,000 Fire Truck 3. 2002 Ford F550 (Medic Squad 73) #1 FDAX56F92EB25749 $94,422 2,000 2,000 Medic Squad 4. 2001 Ford 550 Super Duty Truck with #1 FDAF56581 EA24722 Hydraulic Boom Hoist 4722 $80,097 2,000 2,000 Boom - Hoist Trk 5. 2002 Ford Truck #1 FDAF56F91 EB60874 $54,825 2,000 2,000 FRMT 6. 2003 Ford F550 Truck #1 FDAF56F23EA941 99 $46,122 2,000 2,000 Stencil Truck This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 39 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 'Z41$1 %own rown INSURANCE This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/IM/AutoPhysDmg-DIC June 12, 2014 40 Vehicle Description / ID No. Cost New Comp Ded Coll Ded USE 7. 2002 Ford F550 7.3L Diesel #1 FDAX56F03EB25804 $108,906 2,000 2,000 FRMT 8. 2004 KME Fire Aerial FT #1 K9AF42884N058774 $724,000 2,000 2,000 Fire/ Aerial Truck 9. 2004 Int'I Multi Purpose Utility Truck #1 HTWNADT64J093129 $142,000 2,000 2,000 Utility Truck 10. 2006 Freightliner Truck #1 FVACWCS86HW91952 $85,000 2,000 2,000 Freight liner Truck 11. 2007 GMC Aerial Truck #1 GDG5C1 G97F405242 $127,466 2,000 2,000 Aerial Boom Truck 12. 2005 Smeal Fire Engine #4S7CT2D956C054456 $341,382 2,000 2,000 Fire Engine 1 3. 2004 Charmac Trailer #4RYC322094T110951 $50,000 2,000 2,000 Trailer (Fire) 14. 2006 Eldorado Bus #1GBA5V1E75F513455 $82,524 3,000 3,000 Bus 15. 2009 Ford F250 Pickup #1 FTSX20Y59EA01537 (Scales) Enforcement Vehicle $51 ,645 2,000 2,000 Vehicle 16. 2009 International Spaulding #1 HTWCAAR29J 197473 $144,234 2,000 2,000 Patch Truck This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/IM/AutoPhysDmg-DIC June 12, 2014 40 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE Vehicle Description / ID No. Cost New Comp Ded Coll Ded USE 17. 2012 Haulmark Trailer Incl Equipment- Kodiak Cargo #16H PB 142 7CA041497 $1 5,244 2,000 2,000 Trailer 18. 2012 Haulmark Trailer Incl Equipment- Kodiak Cargo #16HPB1426CA041491 $1 5,244 2,000 2,000 Trailer 19. 201 3 Chevrolet Van Tru Express#1 GCEGTCG5D1 1 33947 $25,000 2,000 2,000 Van Total Values $2,602,375 FRMT = Fire Rescue Medical Truck (No Transport) Renewal Quote: Travelers Insurance Company Premium for Automobile Physical Damage Coverage = 1 1 ,164- (.4290) Expiring Annual Premium is 10,845* (.4167) Premium for 2-26-14 to 2-26-15: $11,164 (Extension Premium for Period 2-26-15 to 7-1-15 = $11,164 X .342 Pro -Rata Factor) = $3,818 *Includes Terrorism This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/IM/AutoPhysDmg-DIC June 12, 2014 41 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE CRIME INSURANCE CRIME COVERAGES Current Carrier (Travelers Insurance Company) DEDUCTIBLE Limit Employee Theft -Per Loss 500,000 5,000 (With Faithful Performance) Forgery or Alteration 500,000 5,000 Theft of Money & Securities (Inside) and Robbery & Safe Burglary -Other Property (Inside) Not Covered In Transit (Outside) Not Covered Money Orders & Counterfeit Currency Not Covered Computer Fraud 500,000 5,000 This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 42 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE Computer Program & Electronic Data Restoration Expense Funds Transfer Fraud Claim Expense 500,000 500,000 $5,000 Premium: $4,162 Premium for 2-26-14 to 2-26-1 5: $4,162 (Extension Premium for Period 2-26-15 to 7-1-15 = $4,162 X .342) = $1 ,423 5,000 5,000 0 Includes: 1 . Bonded Treasurer or Tax Collectors Exclusion Deleted Excess over any Public Official Bond. 2. Bonded Employees Exclusion Deleted Excess over any Public Official Bond. Requires: 1. No Requirements This FORM IS FOR /SSUSTRAT/ON Purposes only. Read your policy for specific details This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 43 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 own rown INSURANCE PREMIUM SUMMARY City of Temecula Temecula Community Services District Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Redevelopment Agency of the City of Temecula Temecula Public Financing Authority Temecula Housing Authority Crime Coverage: $4,162 (Travelers Insurance Company) Last Year $4,001 (Travelers Insurance Company) Premiums include Terrorism PREMIUM PAYMENT OPTION Payment up front This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 44 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 %own rown INSURANCE Total Premium for Extension 2-26-1 5 to 7-1-15 Extension Premium Period 2-26-14 to 2-26-1 5 2-26-1 5 to 7-1-1 5 Property (Page 22) $1 28,868 $44,073 Eartthquake $244,842 $83,736 & Flood (Page 27) Automobile $ 11,164 Physical Damage (Page 41) $ 3,818 Crime $ 4,162 $ 1,423 (Page 43) $389,036 $133,050 This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. M b201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 45 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 own rown INSURANCE Brown & Brown Insurance Services of California Spectrum Service Brown & Brown Insurance Services of California is happy to offer all clients a full suite of service not only for your business but also for your personal insurance needs. Spectrum Service provides protection in the following areas: Yes Yes Employee Benefits Medical, dental, vision, life and disability for your employees Yes Yes Yes Personal Homeowners, auto, collectibles and more Contingency Planning Life/Disability/Long Term Care Business Perpetuation Buy-Sell/Key Man Financial Planning Estate/Asset Protection • Retirement/Investment Planning No No No No No This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402Prop/I M/AutoPhysDmg-DIC June 12, 2014 46 rown rown INSURANCE Brown & Brown, Inc. INSURANCE PROPOSAL For CITY OF TEMECULA PUBLIC ENTITY GENERAL, AUTOMOBILE, MANAGEMENT, EMPLOYMENT PRACTICES, LAW ENFORCEMENT, EMPLOYEE BENEFIT PLANS ADMINISTRATION & UMBRELLA LIABILITY Coverage Period: 7-1-14 to 7-1-15 Presented by: Michael G. Bush Senior Vice President June 10, 2014 California Insurance License OB02587 2401 E. Katella Ave., Suite 550 Anaheim, CA 92806 P.O. Box 6989 Orange, CA 92863 714/ 221-1800 800/228-7975 714/ 221-4196 Fax IMPORTANT NOTICE DISCLAIMER Disclaimer: This proposal presented is based upon the exposures to loss made known to the agency. Any changes in these exposures (i.e. new operations, new products, additional state of hire, etc.) need to be promptly reported to our agency in order that proper coverage(s) may be put in place. The proposal contains only a general description of the coverage(s) and does not constitute a policy / contract. This brief description of insurance coverage is being provided as an accommodation only and is not intended to cover or describe all policy terms. For more complete information on the scope and limits or coverage, please refer to the policy document. The proposal includes, but is not limited to, the terms, exclusions and conditions listed. For complete policy information, including exclusions, limitations and conditions, refer to the policy document. Travelers Indemnity Company/Travelers Indemnity Company of Connecticut [1 Non -Admitted Carrier Taxes & Fees: $ N/A Minimum Earned Premium: N/A % Higher Limits may be available upon request v Automobile Premium is subject to audit based on a rate of TBD per vehicle unit 1. Premiums include Terrorism Coverage Options CARRIERS Travelers Indemnity Company (Umbrella/Excess) Travelers Indemnity Company of Connecticut (Travelers Insurance Companies) A.M. BEST RATING A+: XV; Admitted 2. Travelers Indemnity Company (Umbrella/Excess) A+: XV; Admitted 3. Please read your policy for specific details. The information obtained from A.M. Best's Rating is not in any way a warranty or guaranty by Brown & Brown, Inc. of the financial stability of the insurer and this information is current only as of the date of publication. THIS FORM IS FOR ILLUSTRATION ONLY. READ YOUR POLICY FOR SPECIFIC DETAILS 7-1-14 to 7-1-15 City of Temecula Proposal NAMED INSURED City of Temecula Temecula Community Services District Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Redevelopment Agency of the City of Temecula Temecula Public Financing Authority Temecula Housing Authority THIS FORM IS FOR ILLUSTRATION ONLY. READ YOUR POLICY FOR SPECIFIC DETAILS 7-1-14 to 7-1-15 City of Temecula Proposal PUBLIC ENTITY GENERAL, AUTOMOBILE, MANAGEMENT, EMPLOYMENT PRACTICES, LAW ENFORCEMENT, EMPLOYEE BENEFIT PLANS ADMINISTRATION & UMBRELLA LIABILITY Discuss Markets Available A. Major Carriers Providing Municipal Coverage 1. Travelers Insurance Company — See Proposal 2. Argonaut Insurance Company (Alteris) — Quoted 3. Chats (Lexington) Insurance Company — Cannot Match Expiring Retentions 4. Allied World Assurance Company — Indication 5. Underwriters at Lloyds of London — Quoted 6. Brit Insurance Company — Not Competitive at Retentions Requested 7. Markel American Insurance Company (Excess) — Quoted 8. lronshore Insurance Company (Excess) — Not Required 9. Munich American Insurance Company — Quoted 10. ACE Public Entity Insurance (Illinois Union Insurance Company) — No Occurrence on Public Officials and Employment Practices Liability 11. Zurich Insurance Company (Note — No longer writing Municipal Coverage in California) 12. Clarendon America Insurance Company (Note — No Longer Writing Municipal Coverage) II. Travelers Insurance Company A. Policy Review (Per Expiring) 1. Occurrence Form (except Employee Benefit Plans Administration Liability — Claims Made) 2. Exclusions - Review Individual Coverage Parts Also Attached: Coverage Part Public Entity General Liability: $1,000,000 Occurrence and Aggregate (General Aggregate, Products Completed Operations Aggregate) a. Back-up Sewers & Drains (Negligent Acts) k. Lead Exclusion Included: $1,000,000 Limit 1. Unsolicited Communication Exclusion b. Failure to Supply Utility Services Included: m. Terrorism Exclusion unless purchased $1,000,000 Sublimit — Limited Coverage n. Healthcare Professional c. Mold, Fungi, or Bacteria Exclusion Liability:EMT's, Nurses & Social Services Professionals d. Injury to Voluntary Firefighters Exclusion Included e. Injury to Fellow Employees Exclusion + o. Abuse or Molestation Coverage Employers Liability Exclusion Included $1,000,000 OCC/ f. Medical Expense(Without Liability) $2,000,000 AGG Exclusion p. Premises Damage 300,000 Limit g. Eminent Domain and Inverse q. Property Damage Change/Intellectual Condemnation Exclusion Property Exclusion h. Asbestos Exclusion r. Discrimination Exclusion i. War Exclusion s. Public Entity Xtend Endorsement t. Pollution Exclusion j. Employment Practices Liability Exclusion u. Consumer Financial Protection Laws Exclusion THIS FORM IS FOR ILLUSTRATION ONLY. READ YOUR POLICY FOR SPECIFIC DETAILS 7-1-14 to 7-1-15 City of Temecula Proposal Also Attached: Coverage Part Public Entity Law Enforcement Liability: $1,000,000 Occurrence and Aggregate a. Injury to Employees and Volunteers Exclusion b. Employment Related Practices Exclusion Also Attached Coverage Part Management Liability: ($1,000,000) Occurrence and Aggregate a. Healthcare Professional Services and Law Enforcement Activities Exclusion b. No Exclusion for Architects, Engineers or Lawyers c. Eminent Domain Exclusion d. Board Exclusions for Airports, Healthcare Facilities, Port Authorities, Transit Authorities, Gas, Electric, Schools, School Districts and JPA's Also Attached Coverage Part Public Entity Employee Benefit Plan Administration Liability: $1,000,000 Occurrence and $3,000,000 Aggregate (Retroactive Date: None) Also Attached Coverage Part Public Entity Employment Practices Liability: ($1,000,000) Occurrence and Aggregate a. Declaratory, Injunctive or Other Non -Monetary Relief Costs (with duty to defend government admin hearings seeking injunctive relief) Exclusion b. Defense Expenses Included Within Limit of Liability c. Damages include Attorneys' Fees of Person making claim if the Protected Person is legally required to pay under the law which was violated d. Punitive Damages covered up to full policy limits, if allowed by law. Also Attached Coverage Part Public Entity Automobile Liability: $1,000,000 Occurrence and No Aggregate a. Injury to Volunteer Workers, including Volunteer Firefighters Exclusion b. Injury to a Fellow Employee Exclusion c. Professional Services Exclusion d. Rate: TBD Per Power Unit (Auditable) Also Attached Coverage Part Public Entity Umbrella/Excess Liability: ($9,000,000) Occurrence and Aggregate over Public Entity General (including Sexual Abuse and Molestation), Law Enforcement, Employee Benefit Plan Administration, Automobile Liability (only) (Aggregate does not apply to Automobile Liability), and Employers Liability Occurrence and Aggregate over preceding coverage, plus Public Entity Management and Employment Practices Liability — SEE NOTE a. Healthcare Professional Services Exclusion — Limited Following Form Public Entities b. Asbestos Exclusion c. Mold, Fungi, or Bacteria Exclusion d. Public Use of Property Exclusion (Eminent Domain) e. Uninsured and Underinsured Auto Exclusion THIS FORM IS FOR ILLUSTRATION ONLY. READ YOUR POLICY FOR SPECIFIC DETAILS 7-1-14 to 7-1-15 City of Temecula Proposal f. Lead Exclusion g. Unsolicited Communication Exclusion h. Injury to Volunteer Firefighters Exclusion i. Failure to Supply Utility Services Exclusion j. Pollution Exclusion k. Consumer Financial Protection Laws Exclusion I. Terrorism Exclusion (unless purchased) m. Property Damage Change/Intellectual Property Exclusion n. War Exclusion o. Discrimination Exclusion p. Amendment of Contractual Liability Exclusion q. Amendment of Watercraft or Aircraft Exclusion r. Amendment of Damage to Property Exclusion s. Amendment of Damage to Your Work Exclusion NOTE: Retained Limit Any One Occurrence or Offense: $10,000 B. Limit of Liability — Per Coverage Parts above C. The Limits of Liability are excess over the Self -Insured Retention D. Defense Costs — Are within the Self -Insured Retention and within the Limits of Liability. THIS FORM IS FOR ILLUSTRATION ONLY. READ YOUR POLICY FOR SPECIFIC DETAILS 7-1-14 to 7-1-15 City of Temecula Proposal III. Quotation A. Travelers Indemnity Company; Travelers Indemnity Company of Connecticut (Travelers Insurance Companies) (A+: XV; Approved, Admitted) B. Term: 7-1-14 to 7-1-15 C. Form: Occurrence D. Limit/Coverage Primary Coverage Premium* $1,000,000 Per Event or Wrongful Act or Combination $217,705 of Event and Wrongful Act and $1,000,000 Total Limit (Aggregate), Excess Over Self -Insured Retention (S.I.R.) Public Entity General (Including Bodily Injury, Property Damage, Personal Injury, Advertising Injury, Products & Completed Work Liability), Health Care Professional (EMT's, Nurses, Social Services Professionals), Law Enforcement, Employment Practices, Management, Automobile (No Aggregate), and Umbrella Liability $3,000,000 Total Limit (Aggregate) Per Wrongful Act Public Entity Employee Benefit Plans Administration Liability $9,000,000 Per Event or Wrongful Act or Combination of Event and Wrongful Act and $9,000,000 Total (Aggregate) Excess over above underlying limits. *Historically Purchased (Optional) Terrorism Risk Insurance Act Coverage: $2,177 E. Self -Insured Retention: $150,000 Each Event or Wrongful Act Including Loss & Loss Expense F. Previous Years' Premium Comparisons (not including taxes & fees) (a}2000 (02001 (c)2002 (02003 (c)2004 (c)2005 (c)2006 (d)2007 (d)2008 (d)2009 (d)2010 (d)2011 (e)2012 to 7/114 Total Premium $102,999 $140,291 $199,000 $208,000 $202,000 $206,687 $195,000 $169,882 $157,684 $152,379 $160,961 $175,630 $197,914 + 114,988 = $312,902 *Primary Limits Retention (a) Limit -20 mil Occ/24 mil Agg GL; 20 mil occ/20 mil Agg E&O; 20 mil Auto Occ $ 50,000 (b) Limit -15 mil Occ/19 mil Agg GL; 15 mil occ/15 mil Agg E&O 15 mil Auto Occ $100,000 (c) Limit - 5 mil Occ/5 mil Agg Pers Inj Liab, Prod -Comp Ops, E&015 mil Auto Occ $150,000 (d) Limit — 5 mil Occ/5 mil Agg GL & Law Enforcement/5 mil Agg Management Liability 5 mil Agg EPL/5 mil Auto Occ $150,000 (e) & (f) Limit —10 mil Occ/10 mil Agg GL, Law Enforcement, Management and EPL Liability/10 mil Auto Occ $150,000 * Includes Employment Practices Liability THIS FORM IS FOR ILLUSTRATION ONLY. READ YOUR POLICY FOR SPECIFIC DETAILS 7-1-14 to 7-1-15 City of Temecula Proposal Company Travelers Ins. Co. Argonaut Ins. Co. (Alteris) Allied World Assurance Co. Brit Insurance Co. ACE Insurance Co. Underwriters at Lloyd's Markel American Ins. Co. Munich American Ins. Co. *Indication Markets Approached Premium $219,882 $224,718 $249,895* No Bid Self -Insured Ret. $150,000 $150,000 $150,000 $250,000 No Bid $200,000 $292,062 $250,000 $212,000 $150,000 $263,000 $250,000 Occurrence / Agg. $10,000,000 $10,000,000 $10,000,000 Not Competitive at Retentions Requested Cannot offer Occ. Form on Mgmt. and EPL. Liability $10,000,000 $1,000,000 $10,000,000 rown rown INSURANCE Important Information Compensation: In addition to the commissions or fees received by us for assistance with the placement, servicing, claims handling, or renewal of your insurance coverages, other parties, such as excess and surplus lines brokers, wholesale brokers, reinsurance intermediaries, underwriting managers and similar parties, some of which may be owned in whole or in part by Brown & Brown, Inc., may also receive compensation for their role in providing insurance products or services to you pursuant to their separate contracts with insurance or reinsurance carriers. That compensation is derived from your premium payments. Additionally, it is possible that we, or our corporate parents or affiliates, may receive contingent payments or allowances from insurers based on factors which are not client -specific, such as the performance and/or size of an overall book of business produced with an insurer. We generally do not know if such a contingent payment will be made by a particular insurer, or the amount of any such contingent payments, until the underwriting year is closed. That compensation is partially derived from your premium dollars, after being combined (or "pooled") with the premium dollars of other insureds that have purchased similar types of coverage. We may also receive invitations to programs sponsored and paid for by insurance carriers to inform brokers regarding their products and services, including possible participation in company -sponsored events such as trips, seminars, and advisory council meetings, based upon the total volume of business placed with the carrier you select. We may, on occasion, receive loans or credit from insurance companies. Additionally, in the ordinary course of our business, we may receive and retain interest on premiums you pay from the date we receive them until the date the premiums are remitted to the insurance company or intermediary. In the event that we assist with placement and other details of arranging for the financing of your insurance premium, we may also receive a fee from the premium finance company. Questions and Information Requests: Should you have any questions, or require additional information, please contact this office at 1-800-228-7975 or, if you prefer, submit your question or request online at www.bbsocai.com This proposal contains only a general description of the coverage(s) and does not constitute a policy/ contract. For complete policy information, including exclusions, limitations, and conditions, refer to the policy document. This proposal is based upon the exposures to loss made known to the Agency. Any changes in these exposures (i.e., new operations, new products, additional states of hire, etc.) need to be promptly reported to us in order that proper coverage(s) may be put into place. THIS FORM IS FOR ILLUSTRATION ONLY. READ YOUR POLICY FOR SPECIFIC DETAILS 7-1-14 to 7-1-15 City of Temecula Proposal 4, VEHICLE SCHEDULE `t CITY OF TEMECULA Liability Vehicle Schedule (7-01-14!15 Renewal) VEHICLE VIN PHYSICAL DAMAGE HAULS OTHERS 1 1992 GMC Top Kick Breathing Support(F) 1GDP7H1J502955 Yes 2 1995 Sentry Pumper (F) 4ENRAAA86S1004369 Yes 3 1996 Ford Utility Truck 1FTHX25HIVEA52787 4 1997 GMC Savana Van 1GTHG35R3V1034278 5 1997 GMC Sierra Pick-up 1GTHK34R7VF012996 6 1998 Patch Truck 1HTSCAAN8WH550494 7 1998 Ford Windstar Van (1-8 Pass.) 2FMZA5145WBD50410 Yes 8 1999 Dodge Ram Truck (TCC) 3B7HC12YXXG187157 9 1999 Chevy Pick -Up Truck 1GBGC24R3XR709218 10 1999 Chevy Pick-up 1GCGK29R7XF033865 11 1999 Dodge Ram Pick-up (TCC) 3B7HC12Y8XG187156 12 2000 Ford Ranger Truck 1 FTYR14X9YPA63039 13 2001 Jeep Cherokee 1J4FF48S71 L542308 14 2001 Ford Pick-up 1FTYR14U81PA39245 15 2001 Ford 550 (Utility Truck) (Med.) 1 FDAF56F71 EA81705 16 2001 Ford 550 (Boom Truck) (Med.) 1 FDAF56F81 EA24722 Yes 17 2001 Chevy Pick-up 16CEK19V21E238554 18 2001 Ford Utility Truck (Med.) 1 FDAF56F91 EB60874 Yes 19 2001 Dodge Durango (FP) 1B4HS28NX1F578823 20 2002 Nabi Transit Bus 1N90401582A140499 21 2002 Ford Ranger Pick-up Truck (FP) 1FTYR14UX2PA21184 22 2002 Elec. GEM Vehicle (F) 5ASAK27452F031405 23 2002 Elec. GEM Vehicle (F) 5ASAG47472F023190 24 2002 Chevy Pick-up Truck 1GCGK13U32F142274 25 2002 Ford F150 Truck 1FTRX18W72NA62633 26 2002 Ford F150 Truck 1FTRX18W52NA62954 27 2002 Ford F550 (Med.) (Rescue) (F) 1FDAX56F92EB25749 Yes mb201407c 1 of 6 CITY OF TEMECULA Liability Vehicle Schedule (7-01-14/15 Renewal) VEHICLE VIN PHYSICAL DAMAGE HAULS OTHERS 28 2002 Ford F150 Truck 1FTRW08662KB68781 29 2003 Ford Ranger Truck (FP) 1 FTZR15E53PA56244 30 2003 Ford F150 Truck 1FTZR15E73PA56245 31 2003 Ford F150 Truck 2FTRX18W03CA32042 32 2003 Ford F550 Truck (Med.) 1 FDAF56F23EA94199 Yes 33 2003 Ford F350 Van (9-20 Pass.) 1 FBSS31 LX3HA48533 Yes 34 2003 Ford F250 Truck (TCC) 3FTNX21L03MB16676 35 2003 Chevy CG33803 1GBJG31U831209119 36 2005 GMC Savanna Cargo Van 1GTHG35UX51183677 37 2003 Ford 550 (Med.) (Rescue) (F) 1FDAX56F03EB25804 Yes 38 2004 Ford Ranger 1FTZR15EX4PA26822 39 2004 Ford Ranker (FP) 1FTZR15E14PA26823 40 2004 Ford F150 Truck 1FTRX14WX4NA82402 41 2004 Ford F150 Truck 1 FTRX14W84NA62401 42 2004 Toyota Prius (Hybrid) JTDKB20U540077678 43 2004 KME Fire Aerial FT (F) K9AF42884N058774 Yes 44 2004 Inti Multipurpose Utility Truck (Med. Dump) 1HTWNA0T64J093129 Yes 45 2005 GMC Sierra 2500 (FP) 1GTHK29U35E223576 46 2005 GMC Pick-up 1GTEC19V05Z230349 47 2005 GMC Sierra 1500 1GTEC19V35Z226666 48 2005 Smeal Fire Engine (FT) 4S7CT2D956C054456 Yes 49 2005 Chevy Impala 1G1WF52E559203793 50 2005 Chevy Trailblazer 1GNET16S456108449 51 2006 Freightliner Towing Truck (F) 1 FVACWCS86HW91952 Yes 52 2006 Ford F-150 Truck 1FTPX12506KC01905 53 2006 Ford F-550 Pick-up (Med.) 1FDAF56P56ED20121 54 2006 Ford F-350 Pick-up 1 FDWX30536EB79936 55 2006 Ford Expedition 1FMPU16576LA25220 56 2006 El Dorado 26 Passenger Bus (21-60 Pass.) 1GBG5V1E75F513455 Yes Yes 57 2006 Ford Ecoline Van (1-8 Pass.) 1FTRE14W06DB36806 Yes 58 2007 Ford F-150 Truck 1FTRX12W77FA29769 59 2007 Ford F-150 Truck 1 FTRX12W37FA32393 60 2007 Ford F150 Truck (Park Ranger) 1 FTRX14W67NA26641 61 2007 Ford F250 Truck (FP) 1FTSW21547EB16523 62 2007 Ford F150 Truck (FP) 1FTRX12W27NA26638 63 2007 Dodge Ram Truck (Land Dev) 1D7HU18N97J544861 64 2007 Dodge Ram Truck (Land Dev) 1D7HU18N07J544862 65 2007 Dodge Ram Truck (Land Dev) 1D7HU18N27J544863 66 2007 Dodge Ram Truck 1D7HU18N47J544864 mb201407c 2of6 CITY OF TEMECULA Liability Vehicle Schedule (7-01-14/15 Renewal) VEHICLE VIN PHYSICAL DAMAGE HAULS OTHERS 67 2007 Ford Escape Hybrids (P) 1FMYU49H57KB87852 68 2007 Ford Escape Hybrids (P) 1FMYU49H77KB87853 69 2007 Ford Escape Hybrids (P) 1FMYU49HX7KB96546 70 2007 Ford F-150 Truck 1FTRX12W07NA26640 71 2007 Ford F350 Truck 1FDWX36P57EB16525 72 2007 Altec Aerial Boom Truck (Traffic)(Med.) 1GDG5C1G97F405242 Yes 73 2007 Ford F-150 Truck 1FTRX12W47NA26639 74 2008 Ford Ranger 1FTZR45E25PA43864 75 2008 Ford F150 Truck 1FTPX14W88FA65176 76 2008 Ford F350 Utility Truck 1 FDWX345X8ED09174 77 2008 Ford F350 Utility Truck 1 FDWX34588ED13286 78 2008 Ford F350 Utility Truck 1FDWX30528EE41755 79 2008 Ford Expedition (FP) 1FMFK6548LA81345 80 2008 Honda Motorcycle (P) JH2SC51717M500039 81 2008 BMW Motorcycle (P) WB103880782112332 82 2009 Ford F250 Pick -Up (P) 1 FTSX20Y59EA01537 Yes mb201407c 3 of 6 CITY OF TEMECULA Liability Vehicle Schedule (7-01-14/15 Renewal) VEHICLE VIN PHYSICAL DAMAGE HAULS OTHERS 83 2009 Ford F-150 1 FTRX12V09FA13200 9891 84 2009 Hot Patch Truck 1 HTWCAAR29J196473 Yes 85 2009 Honda Motorcycle (P) JH2SC51789K600413 13AH13203PC768415 86 2009 Honda Motorcycle (P) JH2SC51719K600642 1K9BS0B11RK118177 87 2009 Honda Motorcycle (P) JH2SC51789K600637 1U9T10P20V1016022 Yes 88 2009 Honda Motorcycle (P) JH2SC51749K600635 17XFP1223V1970250 89 2009 Honda Motorcycle (P) JH2XC51769K600636 17XFP1822V1973883 90 2011 Honda Motorcycle (P) JH2SC5176BK700192 4P2F80819VU006254 91 2011 Honda Motorcycle (P) JH25C5176BK700175 16VPX1625VIE9300 92 2011 Honda Motorcycle (P) JH2SC517013K700169 4G44S0811 WA000711 93 2011 Honda Motorcycle (P) JH2SC5170BK700172 1WC200E17W1002027 94 2011 Honda Motorcycle (P) JH2SC5171BK700004 1 W91 S1019X1249336 95 2013 Chev Express Cargo Van 1GCZGTCG5D1133947 1W91S1011X1249332 TRAILERS 96 1991 Big TX Trailer 16VAX1020MIC14047 97 1992 Arrow Board Trailer 9891 98 1993 Hydro Utility Trailer 1 H9BCP167P1120905 99 1993 Flatbed Trailer (City Float) 13AH13203PC768415 100 1994 Kustom Signals Radar Trailer (P) 1K9BS0B11RK118177 101 1997 Eagle Command Post Trailer (P) 1U9T10P20V1016022 Yes 102 1997 Texas Bragg Utility Trailer 17XFP1223V1970250 103 1997 Texas Bragg Utility Trailer (P) 17XFP1822V1973883 104 1997 Pace American Cargo Trailer (P) 4P2F80819VU006254 105 1997 Big TX Trailer 16VPX1625VIE9300 106 1998 Kendon Motorcycle Trailer (P) 4G44S0811 WA000711 107 1998 Wells Cargo Shelter Trailer (EOC) 1WC200E17W1002027 108 1999 Wanco Arrow Board Trailer 1 W91 S1019X1249336 109 1999 Wanco Arrow Board Trailer 1W91S1011X1249332 110 2000 Hydro Trailer/Sandblaster 1H9CSC251Y1120390 111 2001 Zieman Trailer & Vibratory Roller 1ZCT20E201ZP23612 112 2003 SMART Trailer (P) 1 K9BS08133K118043 113 2004 Interstate ATV Trailer (P) 4RACS16214K004152 114 2004 Victor Trailer (F) 1V9EN22444C084086 115 2004 Charmac Cargo Trailer (F) 4RYC322094T110951 Yes 116 2004 Interstate ATV Trailer (P) 4RACS18214K004410 117 2005 Zieman Carrier Backhoe Trailer 1ZCE34E2X5ZP26052 118 2005 Radar Trailer (P) 1 K9BM 11124G 118033 119 2005 Carson Trailer 4HXRC16225C097897 120 2006 Magnum Light Tower Trailer 5AJLS16186B004887 121 2006 Magun Light Trailer (P) 5AJLS161X6B004888 122 2006 PACE Trailer (Posse) (P) 4P2FB10156U075137 123 2006 Pacific Boat Trailer 40R1A1 BB36A024706 124 2007 Solar Tech Message Board Trailer 4GM1M091371453371 mb201407c 4 of 6 CITY OF TEMECULA Liability Vehicle Schedule (7-01-14/15 Renewal) VEHICLE VIN PHYSICAL DAMAGE HAULS OTHERS TRAILERS 125 2007 PACE Trailer 4P2FB12107U085413 126 2007 Interstate Trailer (F) 4RACS12297K016799 127 2008 Carson Thermoplastic Trailer 4HXSU12168C134420 128 2008 Zieman Trailer 1ZCE19E2X8ZP28102 129 2008 Haulmark Trailer 1GH19B1268A028471 mb201407c 5of6 CITY OF TEMECULA Liability Vehicle Schedule (7-01-14/15 Renewal) VEHICLE VIN PHYSICAL DAMAGE HAULS OTHERS 130 2010 Hauimark Trailer (TCC) 16HPB1425AA035534 478TE1400VA807742 131 2010 Haulmark Trailer (TCC) 16HPB1422AA038043 1CUNH2227PL000708 Yes 132 2011 Wells Fargo Trailer (TCC) 1WF200F2187039837 JK1AFCG151B501159 133 2012 Haulmark Kodiak Cargo Trailer (TCC) 16HPB1427CA041497 Yes 134 2012 Haulmark Kodiak Cargo Trailer (TCC) 16HPB1426CA04191 Yes 135 2011 Triple L Flatbed Trailer 5DYAA72L3BC005089 2211021439 136 2013 Ziemen Tandem 1150 1ZCT20E23DZP28565 62241021797 Miscellaneous Rolling Stock 137 1997 Honda ATV (P) 478TE1406VA807745 138 1997 Honda ATV (P) 478TE1400VA807742 139 Cushman 4 Wheel Truckster 1CUNH2227PL000708 Yes 140 2001 Kawasaki Utility Vehicle (Mule) JK1AFCG151B501159 141 2004 Kawasaki ATV (P) JKSVFJC1X4B501587 142 2004 Kawasaki ATV (P) JKSVFJC124B503124 143 2006 Segway(P) 2211021439 144 2006 Segway (P) 62241021797 145 2007 Bobcat Utility Vehicle A59Z160329032007 146 2007 Kawasaki Utility Vehicle (Mule) (P) JKIAFCJ127B510676 Yes MISC. EQUIPMENT 147 Medic Squad 92 Box 148 Medic Squad 84 Box 149 2001 Scissorlift 200204597 150 1992 Massey Tractor/Skip Loader (diesel) LF31180U297524U 151 New Holland Tractor NH33660 152 2006 Westcoaster Motor Boat HULJ1112G506 153 2014 John Deere Utility Vehicle 1MOT145EADM080492 154 1995 John Deere Backhoe (diesel) T0310DG813754 155 2000 Ditchwitch (Port vacuum catch basin) 1A9AF1826YF495820 156 2007 Fork Lift CPIF29P1600 157 2007 Berm Machine 158 2012 John Deer Backhoe 1T0310SJLBD21149 mb201407c 6 of 6 }, TERRORISM FORM `1 Account Executive: effGodwin,AU,ARM,CPC1 TRAVELERS J Fax Number: 1351-310.5383 Terrorism Risk Insurance Act of 2002 Disclosure Entity Name: City of Temecula - revised Agency: Brown and Brown of CA State: California On December 26, 2007, the President of the United States signed into law amendments to the Terrorism Risk Insurance Act of 2002 (the "Act"), which, among other things, extend the Act and expand its scope. The Act establishes a program under which the Federal Government may partially reimburse "Insured Losses" (as defined in the Act) caused by "acts of terrorism". An "act of terrorism" is defined in Section 102(1) of the Act to mean any act that is certified by the Secretary of the Treasury — in concurrence with the Secretary of State and the Attorney General of the United States - to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States Mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The Federal Government's share of compensation for insured Losses is 85% of the amount of Insured Losses in excess of each Insurer's statutorily established deductible, subject to the "Program Trigger", (as defined in the Act). In no event, however, will the Federal Government or any Insurer be required to pay any portion of the amount of aggregate Insured Losses occurring in any one year that exceeds $100,000,000,000, provided that such Insurer has met its deductible. If aggregate Insured Losses exceed $100,000,000,000 in any one year, your coverage may therefore be reduced. The charge for Insured Losses for coverages other than workers' compensation are automatically provided at the additional premiums shown below. The charge for this exposure for workers' compensation is an additional premium, which is reflected separately within this proposal. The charge for each coverage does not include any charge for the portion of losses covered by the Federal Government under the Act. Coverage Included Charge For Insured Losses Property 3%ofthe total Property Coverage premium Inland Marine 1% of the applicable premium. Workers' Compensation See workers compensation premium schedule. Note -- terrorism premium charges are subject to change at any time based on state regulatory action. All other coverages subject to TRIA 1% of the applicable premium. Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: June 24, 2014 SUBJECT: Authorization of Application to the Director of Industrial Relations, State of California for a Certificate of Consent to Self Insure Workers' Compensation Liabilities PREPARED BY: Roberto Cardenas, Fiscal Services Manager RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION AUTHORIZING APPLICATION TO THE DIRECTOR OF INDUSTRIAL RELATIONS, STATE OF CALIFORNIA FOR A CERTIFICATE OF CONSENT TO SELF INSURE WORKER'S COMPENSATION LIABILITIES 2. Approve the "Application for a Public Entity Certificate of Consent to Self Insure" attached thereto. BACKGROUND: As a cost saving measure, the City desires to incorporate a $500,000 Self -Insured Retention (SIR) into the City's Workers' Compensation (WC) insurance policy, rather than the current first dollar of loss approach. More specifically, rather than the City's insurance carrier covering the costs of employee related work injuries, the City desires to cover the expenses (self -insure) for the first $500,000 of each occurrence, with the insurance policy covering costs in excess of $500,000. On Tuesday, May 13, 2014 staff met with Finance Committee members Mike Naggar and Chuck Washington to propose the SIR approach. The Committee approved of the proposal and agreed to move the item to the City Council for consideration and approval. Cost Savings: The City has paid an annual average of $369,863 to purchase the traditional first dollar of loss Workers' Compensation policy, as noted below: First Dollar of Loss Costs Amount 10 Year WC Annual Average Premium History 356,670 7 Year WC Annual Average CA CIGA Fee History 6,287 7 Year WC Annual Average CA State Sur -Charge History 6,906 Total Costs $369,863 However, given the City's historically low number of Workers' Compensation claims (approximately 7.5 per fiscal year, over the past 10 years), the City's insurance carriers have historically paid claims on an average of $83,898 (approximately) per fiscal year on employee related injuries. Therefore, by implementing an SIR of $500,000, the City may save approximately $222,896 per fiscal year as noted below: SIR Savings Amount First Dollar of Loss Total Costs 369,863 Excess Insurance Policy with a $500,000 SIR (55,570) Annual Third Party Administrator (TPA) Services (7,500) 10 Year WC Annual Average Loss History (83,898) Total Savings $222,896 Therefore, staff recommends (and the State of California requires) the City submit an Application for a Public Entity Certificate of Consent to Self Insure and to approve A Resolution Authorizing Application to the Director of Industrial Relations, State of California, for a Certificate of Consent to Self Insure Workers' Compensation Liabilities. FISCAL IMPACT: Setting a reserve equal to the SIR amount of $500,000, to be achieved through the cost savings realized by the implementation of the self-insured policy ATTACHMENTS: 1. Application for a Public Entity Certificate of Consent to Self Insure 2. A Resolution Authorizing Application to the Director of Industrial Relations, State of California for a Certificate of Consent to Self Insure Workers' Compensation Liabilities State of California Department of Industrial Relations Office of Self Insurance Plans 110511 Olson Drive, Suite 230 Rancho Cordova, CA 95670 Phone (916) 464-7000 FAX (916) 464-7007 Our File APPLICATION FOR A PUBLIC ENTITY CERTIFICATE OF CONSENT TO SELF INSURE i:-- Page I NOTE: All questions must be answered. 1Unot applicable, enter "NiA". Workers compensation insurance must be maintained until certificate is effective. APPLICANT INFORMATION Legal Name of Applicant (show exactly as on Charter or other official documents): City of Temecula Street Address ol'Main Headquarters: 41000 ,Main St., Temecula, CA 92590 rvlailinu Address (if different from above). City, State, Zip Code Federal Tax ID No.: 33-0353649 TO WHOM DO YOU WANT CORRESPONDENCE REGARDING TI IIS APPLICATION ADDRESSED'? Name: Roberto Cardenas Company Name: Mailing Address• City: Temecula Telephone Number:951-693-3944 City of Temecula 41000 blain St Type of Public Entity (check one): (X City and/or County f School District (— Other (describe): "Type of Application (check one): r7 New Application Fiscal Services Manager Tillc: — __ , C':1 92590 Slate: `�..�_` Zip 14: _ Email: rubedo.cardenasur)cityotiemecttla.nrg T Police and or Fire District I Hospital District I— Joint Powers Authority Reapplication due to Merger or 1)titication I— Other (describe) Dale Sell' Insurance Program will begin: 7-1-14 Foran ..\u. ,W-2 (2.9?) r Reapplication due to Nanie Change Page 2 CURRENT PROGRAM FOR WORKERS' COMPENSATION LIABILITIES ✓ Currently Insured with State Compensation Insurance Fund, Policy Number: Policy Expiration Late: Current Yearly Incurred (paid & unpaid) Losses: S I- Currently Self Insured, Certificate Number: Name of Current C'enificate I lolder: Yearly Premium: S (FY or C'Y) Insured with Fra',clers Property Casualty Co of Am; 0 -I,JUf39055L5124; Exp 2-1-]5; Prcrn:S276,932 Other (describe): JOINT POWERS AUTHORITY Will the applicant be a member of workers' compensation Joint Powers Authority liar the purpose of pooling workers' compensation liabilities'? I- Yes N No 1f yes, then complete the following: Effective date ofJPA ,Membership: JPA Certificate No - Nante and Title of JPA Executive Officer: Name of Joint Powers Authority Agency: Mailing Address ofJPA: City: State. Zip -+ 4: Telephone Number: PROPOSED CLAIMS ADMINISTRATOR Who will be administering your agency's workers' compensation claims? (check one) ▪ JPA will administer, JPA Certificate No.. • Third party agency will administer, TPA Certificate No.: 345 T Public entity will self administer [ Insurance carrier will self administer Name of Individual Claims Administrator Kevin Conley Nance of Administrative Agency: Carl IVarren Company Mailing Address: 10509 Vista Sorrento Pkwy, Suite 42(1 City: State: Zip + 4: San Diego, CA 92121 Telephone Number: 858-526-1838 S6n-254-4423 FAX Number: Page 3 Number of claims reporting locations to be used to handle the agency's claims: one(1) Will all agency claims be handled by the administrator listed on previous page? Yes E No AGENCY EMPLOYMENT Current Number of Agency Employes: 310 including FT/PI Project Stall' Number of Public Safety Officers (law enforcement, police or lire): tl II school district, number of certificated employees: N'A Will all agency employees he included in this self insurance program? 17 Yes r No If no, explain who is not included and how workers' compensation coverage is to be provided to the excluded agency employees: INJURY AND ILLNESS PREVENTION PROGRAM Does the agency have a written Injury and Illness Prevention Program'? Individual responsible for agency Injury and Illness Prevention Program: Name and Title: Roberto Cardenas Company or Agency Name: City °I -Temecula Yes fl No Mailing Address: 41000 Main St. City: Temecula, CA 92590 State: Zip + 4; Telephone Number: 951-693-3944 SUPPLEMENTAL COVERAGE Will your self insurance program be supplemented by any insurance or pooled coverage under a standard workers' compensation insurance policy'? I— Yes [ No If yes, then complete the following: Nano of Carrier or Excess Pool: Policy Number: Effective Date of Coverage• Page 4 Will your self insurance program be supplemented by any insurance or pooled coverage under a specific excess workers' compensation insurance policy? jX Yes I- No If yes, then complete the following: Nance of Carrier or Excess Pool TBD Policy Number: TBD 7-1-I4 Effective Date of Coverage: 5500,000 Retention Limits: Will your self insurance program be supplemented by any insurance or pooled coverage under an aggregate excess (stop Toss) workers' compensation insurance policy? [ Yes V No If yes, then complete the following: Name of Carrier or Excess Pool: Policy Number: Effective Date of Coverage: Retention Limits.. RESOLUTION OF GOVERNING BOARD See Attached Resolution -Page 5 CERTIFICATION The undersigned on behalf of the applicant hereby applies for a Certificate of Consent to Self Insure the payment of workers' compensation liabilities pursuant to Labor Code Section 3700. The above information is submitted for the purpose of procuring said Certificate from the Director of Industrial Relations, State of California. If the Certificate is issued, the applicant agrees to comply with applicable California statutes and regulations pertaining to the payment of compensation that may become due to the applicant's employees covered by the Certificate. Signature of Authorized Official: Date: 624.14 Typed Name: Aaron Adams Title: City Manager Agency Name: City of Temecula Seal (Emboss seal above or Notarize signature) RESOLUTION NO,: DATED: 6-24-2014 .\ RESOLUTION AUTHORI7.ING APPLICATION '10 1111: DIRF.C1 OR OF INDUSTRIAL RELATIONS. S f:\'I Ii OF CALIFORNIA FOR A CERTIFICATE OF CONSENT TO SELF INSURE WORKERS' COMPENSATION LIABILITIES Ata meeting of the I3oard of ('it} Council tenter title) of the City of Temecula (enter name of public agency. district) municipal corporation a _..._ organized and existing under tite laws of (enter type of agency ) the State of California, held on the 2 l day of June . 201`1 , the following resolution was adopted: RESOLVED, that the NLurtgcr (enter position titles) be and they are hereby severally authorized and empowered to nuke application to the Director of Industrial Relations, State of California, for a Certificate of Consent to Self Insure workers' compensation liabilities on behalf of the City of Temecula tenter name of district) and to execute any and all documents required for such application. I, Maryann Edwards ty come:1 (enter name) of the l3rmrel•of the said C'it) of Temecula municipal corporation . the undersigned �or (enter title) (enter name of agency) \Iayor hereby certify that I am the Icntn type of aiencI (chin title) of said municipal cnrpur non that the foregoing is a full. true and correct copy of the resolution duly (cn1cr I}pe of'apenc} ) City Councilicy Counc_1 passed by the Boofl at the meeting of said Bcw held on the day and at the place herein specified and that said resolution has never been revoked, rescinded, or set aside and is now in full force and effect. IN WITNESS WHEREOF: I HAVE SIGNED )MY NAME AND AFFIXED 'I'I1E SEAL OF'I'II15 Seal City of Temecula 24 THIS totter t%pe of aHeneS ) DAY OF June (Signature) 2014 Item No. 8 Approvals City Attorney Finance Director City Manager Ilk CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: June 24, 2014 SUBJECT: Support of AB 2610 (Williams), an Act to Amend Section 89708 of the Education Code Relating to California State University Special Sessions (at the Request of Council Member Washington) PREPARED BY: Betsy Lowrey, Sr. Management Analyst RECOMMENDATION: That the City Council support Assembly Bill 2610 (Williams) and direct the City Manager to work with California State University San Marcos in support, including drafting letter(s) of support to be signed by the Mayor on behalf of the City of Temecula. BACKGROUND: Assembly Bill 2610 (Williams, District 37, Santa Barbara -D), as amended on June 11, 2014, deals with the issue of California State University (CSU) extended education, special sessions, and the definition of "supplanting." Last December, the California State Auditor recommended that the Legislature enact a definition of the term "supplant" to ensure appropriate future guidance to CSU campuses regarding state and non -state supported program and course options for students. In response to the Auditor's report, CSU created the Extended Education State Audit Task Force to develop a definition of "supplant" to help inform the Legislature to clarify its intent regarding supplanting. The Task Force was comprised of faculty (appointed by the Academic Senate), deans, students (appointed by California State Student Association) campus provosts, campus presidents, and CSU administrators. The Task Force developed a definition of "supplant" that was informed by the California State Auditor's report and from feedback from Task Force members and their constituent systemwide groups. In the interim, a related bill, AB 2153, opposed by CSU and the City of Temecula, was introduced and amended to prematurely and inappropriately proposes to define the critical term "supplant" and, by its inappropriate definition, threatens the future of access to higher education by harming the capability of California State Universities to operate satellite campus programs or offer online coursework through special session offerings. AB 2610 codifies an appropriate definition of "supplanting" that was developed and endorsed by the aforementioned Extended Education State Audit Task Force. AB 2610's supplant definition speaks specifically to programs not courses, which is appropriate given complexity of academic course planning. AB 2610 allows campuses the authority and flexibility to manage their resources to best meet the needs of students as a whole. This flexibility is necessary to ensure the future of CSUSM at Temecala programs. For example, in any given term there may be an unexpected demand for a particular course, which may require the campus to redirect resources to offer enough seats for students. Conversely, if a course has less demand campus departments may need to cancel a particular course to use their limited resources as best they can. Staff recommends that the City Council support Assembly Bill 2610 (Williams) and direct the City Manager to work with California State University San Marcos in support, including drafting letter(s) of support to be signed by the Mayor on behalf of the City of Temecula. FISCAL IMPACT: The City of Temecula, through the use of Redevelopment Agency Funds, invested $4 million in partnership with the Temecula Valley Unified School District and California State University San Marcos to bring higher education to the residents of Temecula with a California State University satellite program and campus. AB 2610 serves to protect this investment and locally created jobs, as well as related spending by CSUSM at Temecula by faculty, staff and students on goods and services from local businesses. ATTACHMENTS: 1. Proposed Legislation AB 2610, as amended on June 11, 2014, and redlined to existing law. 2. Analyses of AB 2610, as amended. 3. Background Information Relating to AB 2153 and AB 2610, as prepared by California State University. 6116/2014 Todays Law As Amended tO'it/dflr. / LEGISLATIVE INFORMATION AB -2610 California State University: special sessions. (2013-2014) SECTION 1. (a) The Legislature finds and declares all of the following: (1) In addition to providing state -supported courses and programs, California State University campuses offer self-supporting courses and programs, known as special sessions. (2) Special sessions are designed and used to provide increased access to the educational resources of the system and to otherwise facilitate the use of those resources. (3) California State University campuses are prohibited from supplanting regular course offerings with self- supporting special sessions. However, the State Auditor has determined that existing state law does not define "supplant." (b) It is the intent of the Legislature to provide sufficient direction to the Chancellor of the California State University and to campuses of the university by clarifying statutory language and defining "supplant." SEC. 2. Section 89708 of the Education Code is amended to read: 89708. (a) Tuition fees adequate, in the long run, to meet the cost of maintaining special sessions in the California State University shall be required of, and collected from, students enrolled in each special session undcr and pursuant to rules and regulations prescribed by the trustees. (b) "Special scssions," session," as used in this division, means a self-supporting instructional programs program conducted by the California State University. The special sessions shall include, but not be limited to, career enrichment and retraining programs. It is the intent of the Legislature that those programs, currently offered on a self-supporting basis by the California State University during summer sessions, may be provided throughout the year, and shall be known as special sessions. The self-supporting special sessions shall not supplant regular course offerings available on a non -self-supporting basis during the regular academic year. (c) For purposes of this section, and except as provided in subdivision (d), to "supplant" regular course offerings available on a non -self-supporting basis means to eliminate entirely a state -supported degree program and replace it with a self-supporting instructional program. A campus shall not require a state - supported matriculated student to enroll in a special session course in order to fulfill graduation requirements for a state -supported degree program. (d) After appropriate review and approval by the Office of the Chancellor, a degree may be offered only through a self-supporting instructional program if the program is shown to meet existing student demand and workforce needs. http://leginfalegislature.ca.gov/faces/billCompareClientxhtrni 1/1 AB 2610 Page 1 Date of Hearing: May 7, 2014 ASSEMBLY COMMII'1EE ON APPROPRIATIONS Mike Gatto, Chair AB 2610 (Williams) – As Amended: April 1, 2014 Policy Committee: Higher Education Vote: 13-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill requires the Chancellor of the California State University (CSU), in consultation with stakeholders, to develop a definition of "supplanting"—in regards to the offering of state - supported courses and CSU extended education courses—and report a recommended definition to the Legislature by January 31, 2015. FISCAL EFFECT Minor absorbable cost to CSU, as this effort is in process. (See Comment #1) COMMENTS 1) Background. A December 2013 report by the Bureau of State Audits (BSA) examined extended education at CSU and the supplanting of state -supported courses. BSA found it difficult to determine the extent to which "supplanting" occurred due to lack of clarity in the term. The BSA audit considered two interpretations of supplanting: (a) a campus could not require a student to enroll in a self -supported course as the only path to their degree; and, (b) the plain meaning definition of replacing a state -supported section with an extension section. In analyzing campus course data for fiscal years 2007-08 through 2011-12, BSA found potential instances of supplanting under both definitions. BSA recommended the Legislature provide direction regarding the interpretation of supplanting. In response to the BSA audit, the Chancellor's Office established an Extended Education State Audit Task Force to develop a definition of supplanting and make a recommendation to the Chancellor. The Task Force solicited feedback from the CSU community, and has held meetings open to the public to discuss definition options. The final recommendations are expected to be presented to the Chancellor in June. 2) Purpose. According to the author, this bill responds to the Auditor's reconuuendation but acknowledges the work already underway by the CSU to address this issue. The author believes it is appropriate to allow the CSU, in consultation with stakeholders, to develop a recommended definition for "supplant" that can inform future statutory changes. 3) Related Legislation. AB 2153 (Gray), pending in this committee, places conditions on the offering of extended education courses so as not to conflict with or supplant state -supported course offerings. Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081 AB 2610 Page 1 Date of Hearing: April 29, 2014 ASSEMBLY COMMI11EE ON HIGHER EDUCATION Das Williams, Chair AB 2610 (Williams) — As Amended: April 1, 2014 SUBJECT: California State University: special sessions. SUMMARY: Requires the California State University (CSU) Chancellor to develop a definition for "supplanting" and report to the Legislature by January 31, 2015. Specifically, this bill: 1) Finds and declares that CSU extension education courses and programs are designed and used to provide increased access to the system; campuses are prohibited from "supplanting" state -supported courses with self -supported courses; the California State Auditor (Auditor) has determined that existing state law does not define "supplanting"; "Supplant" is used in the context of community college extension courses, but is not defined in that provision; and, that it is the intent of the Legislature to enact legislation to provide sufficient direction to the CSU regarding "supplanting". 2) Requires the CSU Chancellor, in consultation with stakeholders, including, but not necessarily limited to, the Academic Senate of the CSU, to develop a definition of "supplanting" in accordance with the aforementioned Legislative intent. 3) Requires the CSU Chancellor to report the recommended definition of "supplanting" to the chairpersons of the Assembly Committee on Higher Education and the Senate Committee on Education on or before January 31, 2015. EXISTING LAW: 1) Requires CSU to establish tuition/fees adequate to meet the cost of maintaining "special sessions" (extension courses/programs) and defines "special sessions" to mean self- supporting instructional programs conducted by CSU, including, but not be limited to, career enrichment and retraining programs; and, 2) Establishes Legislative intent that extension programs may be provided throughout the year, and shall not supplant regular course offerings available on a non self-supporting basis during the regular academic year. FISCAL EFFECT: Unknown COMMENTS: Background. In December 2013, the Bureau of State Audits (BSA) released an audit report concerning extended education in CSU and the supplanting of state -supported courses. BSA found difficulty in determining the extent to which "supplanting" occurred due to lack of clarity in the term. The BSA audit considered two interpretations of supplanting: (1) a campus could not require a student to enroll in a self -supported course as the only path to their degree; and, (2) the plain meaning definition of replacing a state -supported section with an extension section. In analyzing campus course data for fiscal years 2007-08 through 2011-12, BSA found potential instances of supplanting under both definitions. BSA recommended that the Legislature provide direction regarding the interpretation of supplanting, and provided AB 2610 Page 2 several recommendations to the CSU Chancellor's Office regarding oversight and compliance of campus extension program activities. CSU efforts. In response to the BSA audit, the CSU Chancellor's Office has established an Extended Education State Audit Task Force to develop a definition of supplanting and make a recommendation to the Chancellor. The Task Force includes five campus presidents, four facuhy members, two provosts, two extended education representatives, and two Office of the Chancellor representatives. The Task Force solicited comments/feedback from the CSU community, and has held meetings open to the public to discuss definition options. The final recommendations are expected to be presented to the Chancellor in June. Purpose of this bill. According to the author, this bill responds to the Auditor's recommendation but also acknowledges the work already underway by the CSU to address this issue. The author believes it is appropriate to allow the CSU, in consultation with stakeholders, to develop a recommended definition for "supplant" that can inform future statutory changes. Related legislation. AB 2153 (Gray) would establish a definition of "supplanting" for the purpose of CSU extension. This bill was heard, amended, and approved by this committee on April 22, 2014. REGISTERED SUPPORT / OPPOSITION: Support Cal Poly San Luis Obispo California State University, Fullerton California State University, Office of the Chancellor California State University, Sacramento California State University San Bernardino California State University, Stanislaus Humboldt State University San Francisco State University San Jose State University Opposition None on file. Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960 Background Extended Education and Special Sessions AB 2153 (Gray) and AB 2610 (Williams) Overview AB 2153 (Gray) and AB 2610 (Williams) deal with the issue of California State University (CSU) extended education and special sessions and the definition of "supplanting." Background Extended education (also known as special sessions) has been part of the CSU since 1971. Created to respond to students' needs and interests as well as to the state's economic and workforce changes, extended education represents only a small proportion of CSU programs and student enrollments. Only three percent of regular (state -supported) CSU students enroll in self -supported courses. Faculty members who choose to teach extended education courses are compensated as dictated through the collective bargaining agreement. More than 3,000 faculty earned from $4,000 to $9,400 above their base salary and benefits teaching extended education courses that responded to student, workforce and community needs. Bureau of State Audits Report Last December, the California State Auditor recommended that the Legislature enact a definition of the term "supplant" to ensure appropriate future guidance to the CSU and its campuses regarding state and non -state supported program and course options for students. The Auditor's report did NOT call for significant policy changes or statutory restrictions on academic decisions that can best be made at the campus level by faculty and academic leaders. In response to the Auditor's report, the CSU created the Extended Education State Audit Task Force to develop a definition of "supplant" to help inform the Legislature to clarify its intent regarding supplanting. The Task Force was comprised of faculty (appointed by the Academic Senate), deans, students (appointed by CSSA) campus provosts, campus presidents, and CSU administrators. The Task Force developed a definition of "supplant" that was informed by the California State Auditor's report and from feedback from Task Force members and their constituent systemwide groups. CSU Supports AB 2610 (Williams) AB 2610 codifies a definition of "supplanting" that was developed and endorsed by the Extended Education State Audit Task Force. The measure also prohibits the CSU from requiring any matriculated student to take courses through extended education to complete their degree. The provisions are consistent with the BSA recommendation and with how the State Auditor decided what constituted "supplanting" in its 2013 audit of CSU Extended Education, nothing more and nothing less. AB 2610's supplant definition speaks specifically to programs not courses, which is appropriate given complexity of academic course planning. Campuses can anticipate demand for programs required for courses based on the number of students seeking a major. However, campuses cannot anticipate random course demand in the same manner because of several factors, including (1) a multitude of choices for courses meeting General Education requirements; (2) students' elective course selections; (3) students taking courses to improve grades, complete minors, personal enrichment or maintain unit loads; and (4) students ability to change their majors. AB 2610 allows campuses the authority and flexibility to manage their resources to best meet the needs of students as a whole. For example, in any given term there may be an unexpected demand for a particular course, which may require the campus to redirect resources to offer enough seats for students. Conversely, if a course has Tess demand campus departments may need to cancel a particular course to use their limited resources as best they can. The State Auditor acknowledges that in some cases it is may be more cost effective for students to take a 3 -unit course through extended education to achieve his or her degree than to enroll in another state - support term. A 3 -unit extended education course tends to range from $822 to $945 as compared to the state -supported tuition fees of $1,587 charged for a student enrolling for from one to six units. A student who chooses to utilize the extended education option would save between $642 and $765. CSU Opposes AB 2153 AB 2153 proposes a definition of supplant that was created by the faculty union and without consultation with the Academic Senate, students or academic leaders. This definition is inconsistent with long-standing CSU policy and practice. AB 2153 establishes requirements and prohibitions regarding course and program offerings on a campus. These provisions go significantly beyond the State Auditor's recommendation to codify a definition of "supplant." The measure restricts self-support programs, prohibits new teaching and learning approaches such as online courses, and dictates where and when campuses and their faculty can offer courses to meet the needs of their students. By eliminating choices for students, AB 2153 would effectively increase costs for students, lengthen time to degree, and increase costs to the state. For instance, a student needing only one 1 -unit course would no longer have the option of taking the more -affordable extended education course and would instead be forced to enroll and pay the higher state -support part-time student rate. AB 2153 proposes a definition that will result in eliminating innovative partnerships with employers in response to industry needs. For example, under this measure the CSU would be unable to offer some Professional Science Masters (PSM) program developed in partnership with the biotechnology industry. These nationally recognized programs have been subsidized by industry and educational foundations; and they have been offered through extended education since the programs began as targeted, advanced education for working professionals in science, engineering and technical fields. AB 2153 would prohibit extended education from responding to workforce and unique student needs unless we also offered the exact same program through state -supported courses. Due to the costs associated with offering these type of programs, we would be forced to close a wide range of workforce -responsive educational offerings. Item No. 9 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Dave Cabral, Battalion Chief DATE: June 24, 2014 SUBJECT: Second Amendment to the Agreement with Proactive Fire Design, Inc. for Fire Department Plan Review Service PREPARED BY: Becky Obmann, Administrative Assistant RECOMMENDATION: That the City Council approve the Second Amendment to the Agreement with Proactive Fire Design, Inc., in the amount of $90,000, for a total contract amount of $200,000, for Fire Department Plan Review Service. BACKGROUND: On July 1, 2013, City Council approved an agreement for $90,000 with Proactive Fire Design, Inc., a fire protection consulting company that performs plan review service for the Fire Department on an as needed basis. Plan check service is utilized when fire prevention staff experiences an increased level of applications that exceed their ability to process plan submittals within acceptable timeframes. On May 27, 2014, City Council approved the first amendment to the agreement which increased the amount of the contract from $90,000 to $110,000. The increase allowed the Fire Department to continue to provide timely turnaround times on plan review service through the end of Fiscal Year 2013-2014. The original agreement allows for (1) additional (1) year extension. The Fire Department is continuing to experience a constant increase in plan submittals and inspections. With this increase there is less staff time to complete all plan reviews, inspections and daily activity. In order to continue to provide quality plan review service in a timely manner and still meet the day to day needs within the office, staff is recommending the contract extension and $90,000 increase in our consultant agreement with Proactive Fire Design, Inc. for Fiscal Year 2014-15. This cost will be completely offset by revenue in fiscal year 2014-15. FISCAL IMPACT: Adequate funds will be available in the Fire Department budget upon approval of the Fiscal Year 2014-15 budget. ATTACHMENTS: Amendment SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PROACTIVE FIRE DESIGN, INC. FIRE DEPARTMENT PLAN REVIEW SERVICE THIS SECOND AMENDMENT is made and entered into as of July 1, 2014 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Proactive Fire Design, Inc., a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2013, the City and Consultant entered into that certain Agreement entitled "Agreement for Fire Department Plan Review Service," in the amount of $90,000. b. On May 27, 2014, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Fire Department Plan Review Service," to increase the payment in the amount of $20,000 for a total contract amount of $110,000. c. The parties now desire to extend the term of the agreement to June 30, 2015 and increase the payment in the amount of $90,000, for a total contract amount of $200,000 and amend the Agreement as set forth in this Amendment. follows: 2. Section 1. of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2015 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4. of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed Ninety Thousand Dollars and No Cents ($90,000), for additional Plan Review Service for a total Agreement amount of Two Hundred Thousand Dollars and No Cents ($200,000). Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 1 2. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Proactive Fire Design, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Don Walton, President ATTEST: By: By: Gwyn R. Flores, CMC, Acting City Jo Marie Walton, Secretary Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Proactive Fire Design, Inc. Don Walton 45686 Hopactong Street, Temecula, CA 92592 951-695-3539 Proactive.fd@verizon.net PM Initials: Date: '� 3 Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Deputy Director of Information Technology DATE: June 24, 2014 SUBJECT: Second Amendment to the Maintenance Agreement with Innovative Document Solutions for Canon Copiers/Printers PREPARED BY: Michaela Ballreich, Deputy Director of Support Services RECOMMENDATION: That the City Council: 1. Approve the Second Amendment to the Maintenance Agreement with Innovative Document Solutions to increase the annual contractual amount for Fiscal Year 2013-14 to $82,000, and to increase the annual contractual amount for Fiscal Years 2014-15 and 2015-16 to $90,000; thereby, increasing the five-year contract amount to $411,600; 2. Approve an additional appropriation in the amount of $10,000 for Fiscal Year 2013-14. BACKGROUND: In June 2011, the City Council had approved a five-year agreement to Innovative Document Solutions (IDS) for the maintenance/service/usage of the Canon copiers/printers for the Civic Center, the Library, and outlining facilities for an annual expenditure of $68,000 plus a 10% contingency for a total annual amount of $74,800 and for a five-year total not to exceed $374,000. In efforts to reduce the City's overall outsourced printing costs, Support Services has assumed additional in-house printing jobs such as the printing of envelopes and stationery for all City departments, the printing of the Theater programs, and the printing of the Red Cross Manuals for the Aquatics Program to mention a few. Although overall cost effective, the in-house print jobs and the increased usage at the Civic Center, the Library, and the outlining facilities have created an upward trend in monthly/annual copy costs. To clarify, this increase in copy costs is solely based on the City's usage, not due to an increase in copy costs imposed by the vendor. Therefore, it is recommended that the annual contractual amount, originally set in 2011, be increased to accurately reflect the City's copy needs based on the City's productivity. FISCAL IMPACT: Additional appropriation of $10,000 for Fiscal Year 2013-14. ATTACHMENT: Second Amendment SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND INNOVATIVE DOCUMENT SOLUTIONS MAINTENANCE/SERVICE/USAGE FOR CANON COPIERS THIS SECOND AMENDMENT is made and entered into as of June 24, 2014, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Innovative Document Solutions, a corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 24, 2011, the City and Contractor entered into that certain Agreement entitled "Agreement for Minor Maintenance Services", in the amount of $68,000, plus contingency in the amount of 10%; b. On November 13, 2012, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Minor Maintenance Service to amend Exhibit A to the Agreement by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. c. The parties now desire to increase the annual contractual payment as follows: 2. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed eighty-two thousand dollars ($82,000) for fiscal year 2013-14 and ninety thousand dollars ($90,000) for fiscal years 2014-15 and 2015-16, for increased copy cost for a total Agreement amount of four hundred eleven thousand six hundred dollars ($411,600). Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Innovative Document Solutions (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Kevin W. Heitritter, President ATTEST: By: By: Gwyn R. Flores, CMC, Acting City Sandi Heitritter, Vice President Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR § Innovative Document Solutions Kevin Heitritter 26855 Jefferson Avenue, #F Murrieta, CA 92562 PM Initials: D gi Date: 2 EXHIBIT "B" Copy Rate per Impression - Exhibit B Black/White Cost per No. of copiers/printers Impression Copiers/Printers Ave. no. of copies per month iR 2270 .0069 4 2,700-3,700 iR 3570 .0069 1 900-1,100 iR 105 .0069 1 39,000 - 44,000 iR 105+ .0069 1 35,000-45,000 IR 2200 .0069 6 5,000-6,000 iR 3045 .0069 1 1,500-2,200 iR 3225 .0069 1 1,000-2,000 iR 3300 .0069 2 ' 3,500-4,500 iR 5000 .0069 6 10,000-15,000 iR 7105 .0069 1 newly leased 20,000-25,000 iR 1670F .019 12 1,500-2,000 iR 1025 .019 4 newly leased 1,000-2,000 iR 1370F .019 2 500-1;000 iR 10231F .019 1 1,000-2,000 iR 2000 .0125 1 500-1,000 IR 2010F .0125 1 500-,1000 Color copiers/printers iR 6870 .099/.0077 1 color -3,500-4,000 - b/w -500-1,000 1R2620 .068/.0121 1 color -100-500 - b/w -200-500 color-5,000-10,000-b/w-3,000- iR3220 .068/.0121 6 6,000 iR advanced 5051 .068/.01 4 newly leased color -30,000-40,000 b/w -15,000-25,000 IR advanced 7065 .068/.01 1 newly leased color -5,500-8,000 b/w -500-1,000 The current copy rates will apply through the entirety of this five-year agreement and will not increase - the current copy rates include all maintenance, parts, supplies (toner, drums, rollers, etc.) and labor required for the proper operation of the copiers/printers. 11 Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G. Villa, AICP, Director of Community Development DATE: June 24, 2014 SUBJECT: First Amendment to the Agreement with Blanca Y. Price for Landscape Plan Check and Inspection Services for Fiscal Year 2013-14 PREPARED BY: Theresa Harris, Development Processing Coordinator RECOMMENDATION: That the City Council approve the First Amendment to the Agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for Fiscal Year 2013-14, in the amount of $16,700, for a total agreement amount of $106,700. BACKGROUND: Community Development utilizes the services of a landscape architectural firm to provide plan check and inspection services. The Planning Division requires the services of a licensed Landscape Architect for their expertise in appropriate plant types to be used in our climatic region, for calculation of project site landscape water budget, and irrigation system design. The licensed Landscape Architect also performs inspections of irrigation line installation, pressure testing of the irrigation system, irrigation head coverage and plant installation. FISCAL IMPACT: There is no fiscal impact to the City. Applicants pay for the landscape services. ATTACHMENTS: Amendment to Agreement FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND BLANCA Y. PRICE LANDSCAPE PLAN CHECK AND INSPECTION SERVICES THIS FIRST AMENDMENT is made and entered into as of June 24, 2014 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Blanca Y. Price, 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. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2013, the City and Consultant entered into that certain Agreement entitled "Agreement for Landscape Plan Check and Inspection Services," in the amount of $90,000. b. The parties now desire to, increase the payment in the amount of $16,700, and to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Sixteen Thousand Seven Hundred Dollars ($16,700), for additional Landscape Plan Check and Inspection Services for a total Agreement amount of One Hundred Six Thousand Seven Hundred Dollars ($106,700). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Blanca Y. Price (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Blanca Y. Price, Owner ATTEST: By: By: Gwyn R. Flores, CMC, Acting City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Blanca Y. Price P 0 Box 1494 Temecula, CA 92593 951-837-3432 BlancaYPriceagmail.com PM Initials: D Date: 2 Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G. Villa, AICP, Director of Community Development DATE: June 24, 2014 SUBJECT: Agreement with Keyser Marston Associates for Economic Consulting Services — Land Use Economic Opportunity Study and Old Town Market Opportunities Update PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: That the City Council approve an Agreement with Keyser Marston Associates for Economic Consulting Services — Land Use Economic Opportunity Study and Old Town Market Opportunities Update, in the amount of $124,000. BACKGROUND: Now in its 25th year of incorporation, the City of Temecula is transitioning from a growth City to a maintenance City. While there are several opportunities for large developments remaining throughout the community, the majority of the developable vacant properties are considered to be smaller, infill projects. The City wishes to remain fiscally prudent and maintain a healthy fiscal and economic balance and evaluate land development potential and economic opportunity on a City-wide basis. On May 21, 2014, the Infill Land Use Subcommittee, consisting of Mayor Pro Tem Comerchero and Councilmember Naggar, recommended entering into an agreement with Keyser Marston Associates (KMA) for economic consulting services to conduct a land use economic opportunity study throughout the City. The City seeks to determine whether the existing General Plan land use designations for the remaining vacant land will enable the City to maximize economic opportunity for the community. The study will assess the comparative fiscal impacts on the City's General Fund for a General Plan build out scenario versus an alternative land use scenario. KMA will assess current market conditions for various land use types and develop a fiscal impact model to measure the recurring annual impacts on the City's General Fund resulting from incremental development on the remaining vacant land in the City. As a part of this study, Keyser Marston will also update a previous market assessment for Old Town, originally prepared by Keyser Marston in 1998, by providing an update of current market conditions in Old Town and identifying development opportunities and implementation approaches to improve the area. FISCAL IMPACT: There are sufficient funds of $124,000 in account 001.161.999.5248 (Consulting Services) to cover the cost of this study. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND KEYSER MARSTON ASSOCIATES PROPOSAL FOR ECONOMIC CONSULTING SERVICES — LAND USE ECONOMIC OPPORTUNITY STUDY AND OLD TOWN MARKET OPPORTUNITIES UPDATE THIS AGREEMENT is made and effective as of June 24, 2014, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Keyser Marston Associates, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2014, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2015, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Twenty Four Thousand Dollars ($124,000) for economic consulting services for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation 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 less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: To Consultant: 14. ASSIGNMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Keyser Marston Associates Attn: Paul C. Marra 555 West Beech Street, Suite 460 San Diego, CA 92101 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The 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 KEYSER MARSTON 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: Maryann Edwards, Mayor Paul C. Marra, Managing Principal ATTEST: By: By: Gwyn R. Flores, CMC, Acting City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Keyser Marston Associates Attn: Paul C. Marra 555 West Beech Street Suite 460 San Diego, CA 92101 619.718.9500 pmarra@keysermarston.com PM Initials: D Date: v EXHIBIT A Tasks to be Performed Scope of Services 1. Initiation KMA will participate in a kick-off meeting (Meeting #1) with City staff to review the work program and schedule; collect background data, reports, and maps; and identify additional information needs. Key information required will include the General Fund budget, General Plan build -out tabulations by land use, and vacant land inventory and development potential. We will tour the major vacant properties remaining in the City. We will also seek City input regarding potential contacts with key industry stakeholders. 11. Demographic and Economic Trends KMA will review key demographic and economic trends in Temecula and the surrounding market area, including population, households, household income, and employment. We will draw information from the Western Riverside Council of Governments (WRCOG)/Southern California Association of Governments (SLAG), the U.S. Census, and data profiling sources such as Nielsen Site Reports. III. Market Conditions by Land Use Type KMA will assess current market conditions and competitive position for five (5) major land use categories within the City: commercial (retail and restaurant); residential (single-family and multi- family); office; industrial; and lodging (hotels/motels). At a minimum, the KMA assessment will include the following key work tasks. a. KMA will review Statewide and regional economic trends in land use and development. b. KMA will identify the major concentrations of commercial, residential, office, industrial, and hotel uses within the City, and evaluate their competitiveness on a regional level. c. KMA will evaluate key market factors such as inventory, absorption, vacancy, and value indicators for each major land use category. Market data will be collected from third -party data sources such as CoStar Group, Inc., LoopNet Inc., real estate brokerage publications, and industry sector publications. d. KMA will review major development proposals planned or under construction within the market area. In addition to the above collection and review of market data, KMA will conduct telephone surveys of selected developers, brokers, and other real estate professionals to better understand market conditions and development opportunities in the City. !V. Development Potential by Land Use Type Based on the demographic and market assessments, KMA will prepare a matrix summarizing principal assets and constraints affecting development potential for each land use category. We will identify key development opportunities in terms of land use mix, type of development, and location. We will prepare long-term growth projections and absorption forecasts for each major land use category on a Citywide basis. Absorption forecasts will be expressed in units/building area as well as land area. We will compare the required land area to meet the absorption forecasts with the remaining vacant land inventory in the City by land use type per the existing General Plan designations. Based on this comparison, we will review the potential to redesignate portions of the remaining land inventory, thereby generating an alternative land use program that is more fiscally and economically balanced for the City. Using the absorption projections, KMA will also estimate key indices such as jobs/housing balance, employment opportunities, range of housing types, retail sales capture, and other metrics at future milestones. KMA will participate in a meeting with City staff and/or the Council Subcommittee to present the findings of the demographic and market assessments (Meeting #2). Based on City feedback, we will refine the recommended land use scenarios to be evaluated in the fiscal impact analysis (Task V). V. Fiscal impact KMA will develop a fiscal impact model to measure the recurring annual impacts on the City's General Fund resulting from incremental development on the remaining vacant land in the City. The KMA fiscal model will evaluate three scenarios: (1) a baseline scenario based on build -out of the existing General Plan; (2) a City -driven alternative land use scenario formulated in Task IV above; and (3) a third land use alternative that reflects current requests by developers/property owners to redesignate sites for residential use. KMA will work with City staff to finalize the land use programs for the second and third alternatives. KMA will review the City's existing General Fund budget to understand the City's fiscal condition and revenue/expense parameters. KMA will estimate the annual operating expenditures generated by incremental development on remaining vacant land in the City. We will supplement this analysis through discussions with selected department heads regarding level of service and expenditure trends. In particular, we will interview key staff in the police, fire, public works, recreation funding, and parks maintenance divisions to track recent trends in costs to deliver services (Meeting #3). The KMA models will address both recurring revenues and operating expenditures, expressed in 2014 dollars, at build -out of each alternative. Recurring General Fund Revenues For each land use scenario, KMA will estimate the gross tax revenues generated at build- out/stabilization (2014 dollars), including: 1. City's share of annual property tax revenues 2. Redevelopment Property Tax Trust Funds (RPTTF) 3. Vehicle license fees (VLF) 4. City's share of property transfer tax S. City's share of sales tax revenues, including both direct (on-site) and indirect (off-site spending by new residents) 6. Transient Occupancy Tax (TOT) 7. Other applicable revenue sources, such as utility user fees, business license revenue, fines, forfeitures, etc. Each revenue source has its own basis, such as valuation or economic performance level, which will be based on market data inputs and other industry sources. Direct sales tax revenues will be projected using data provided by the City on sales tax generation by different land uses and businesses in the City (if available), or sources such as the State Board of Equalization or Urban Land Institute. The KMA estimate of sales tax revenues generated by new residents will be based on the expenditure patterns of existing City residents, as well as the range of retail opportunities in the City. The fiscal impact analysis will not address: (1) non-recurring revenues, such as development impact fees and building permit fees which are used to offset one-time City service costs; and (2) recurring revenues that are not used to fund General Fund services, such as water and sewer charges. Recurring General Fund Expenditures KMA will estimate the annual operating expenditures generated from each land use scenario at build-out/stabilization (2014 dollars), including all major departments and service categories. For each major category, KMA will evaluate existing General Fund budget allocations, and express these cost factors on an average per capita basis. Typically, each major category is allocated either to residential population only ("per resident") or to a combination of residential population and daytime employment ("per equivalent resident"), depending on the nature of the service. KMA will then use these "per resident" and "per equivalent resident" factors to estimate the required increase in General Fund expenditures to serve each new development prototype. As noted above, these straight-line average indices will be supplemented through interviews with key department heads regarding their cost of service structure and recent cost escalation trends. Fiscal Impact Conclusions KMA will summarize the net fiscal impact to the City for each land use scenario at build- out/stabilization (i.e., recurring annual revenues less operating expenditures). VI. Presentation The KMA findings will be presented in several stages, beginning with an initial PowerPoint presentation (Meeting #4) of our complete draft findings and supporting analysis. Based on feedback from City staff, we will prepare and submit a draft report. After receipt of consolidated comments from City staff, we will complete a final report. We will also prepare for, and attend, one (1) public meeting (Meeting #5) to present the final report. VII. Optional Task: Old Town Market Opportunities Update It is the KMA understanding that the City is interested in updating the market assessment for Old Town Temecula. The original study, prepared by KMA in June 1998, reviewed existing conditions in OId Town; assessed market potential for retail/restaurant, office, hotel, and residential uses; identified potential catalyst developments; and proposed a series of implementation strategies. In 2007, the City initiated a strategic visioning process which led to adoption of a new Specific Plan for OId Town. In support of that effort, KMA evaluated supportable land uses and development potential within Old Town for each major land use. Since the original KMA studies, Old Town has experienced a tremendous transformation, including the introduction of many new civic, cultural, commercial, and residential buildings. The City now seeks to: (1) evaluate the progress accomplished to date; (2) assess the market potential for further development, as well as methods to capture this demand; and (3) recommend programs and organizational approaches that will improve the visitor experience and quality of life in Old Town. In response to the City's objectives, KMA proposes to undertake an Old Town Market Opportunities Update. We have prepared the following work program as an optional task for the City's consideration. Market Conditions Update a. KMA will profile existing conditions in Old Town, including mix and type of land uses (we will require the City's assistance in assembling land use data). Using this information, we will identify the change in land use mix from the 1998 study to present. b. We will conduct telephone interviews with key stakeholders, including selected real estate developers, brokers/leasing agents, and business owners, to gather feedback on Old Town's current strengths and weaknesses and potential future opportunities. c. We will evaluate current market performance for each major land use category, and review projects in the pipeline (data to be provided by City). d. We will collect information on existing marketing, programs, and other activities currently taking place in Old Town. e. We will profile case studies of other comparable districts to identify best practices in establishing and promoting a sustainable mixed-use district. Development Opportunities and Implementation Approaches a. KMA will summarize the key accomplishments in Old Town since 1998 and note specific opportunities or challenges that remain unfulfilled. b. KMA will conclude on: (a) the strength of demand for various land uses and product types within Old Town; (b) key assets and constraints affecting development potential; and (c) Old Town's competitive position relative to other destinations/mixed-use districts in Southern California. c. We will identify optimal market niches and development potential by land use type. d. Based on the updated market opportunities, we will recommend implementation steps to further improve Old Town, including specific actions, responsibility party, and priority to further improve Old Town. The Old Town Market Opportunities Update will be presented in the form of an executive summary memorandum report with supporting technical appendices as needed. Note that the Update does not include an updated visitor and resident survey, as undertaken by CIC Research, Inc. for the 1998 report. EXHIBIT B Payment Rates and Schedule Our total budget estimate for the Land Use Economic Opportunity Study (Tasks I -VI) is $89,000. Our budget requirement for the Old Town Market Opportunities Update (Task VII) is $35,000, for a grand total budget of $124,000. Our budget breakout is itemized below. KMA proposes to time -bill the City in accordance with our standard hourly billing rates (attached) subject to these budget limits. Task Budget I — Initiation $5,000 II — Demographic and Economic Trends $8,000 III — Market Conditions by Land Use Type $20,000 IV — Development Potential by Land Use Type $15,000 V — Fiscal Impact $25,000 VI — Presentation $12,500 Su btota I $85,500 Reimbursables (1) $3,500 Total Budget (Tasks I — VI) $89,000 VII — Optional Task: Old Town Market Opportunities Update S35,000 Grand Total Budget $124,000 (1) Induces data and reports, mileage, and other direct costs. (2) Does not include CIC Research, Inc. surveys of visitors and residents. The budget estimate for Task VII reflects the combined efficiencies of preparing the Land Use Economic Opportunity Study and Old Town Market Opportunities Update concurrently. The KMA budget estimates include the following limitations: • Maximum of three (3) versions of each work product, i.e., Administrative Draft, Draft, Final • All work products submitted in PDF format only • Maximum of four (4) meetings with City staff and one (1) public meeting • Maximum of three (3) scenarios for the fiscal impact analysis Schedule KMA anticipates a requirement for 75 calendar days from project initiation to presentation of draft findings at the conclusion of Task IV, and an additional 45 days to complete the draft fiscal impact analyses in Task V. If the City selects Optional Task VII, KMA proposes to initiate this work program 30 days after commencing the Land Use Economic Opportunity Study, with submittal of a draft report within 75 days from the start of Task VII. Item No. 13 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: June 24, 2014 SUBJECT: First Amendment to the Agreement with KRW & Associates for Fiscal Year 2014-15 PREPARED BY: Mayra De La Torre, Senior Engineer Judith M. McNabb, Administrative Assistant RECOMMENDATION: That the City Council approve the First Amendment to the Agreement with KRW & Associates, in the amount of $20,000, for engineering plan check, map and legal description review for Fiscal Year 2014-15. BACKGROUND: On July 1, 2013, the City entered into an annual agreement with KRW & Associates for engineering plan check, map and legal description review. To date, staff has been satisfied with the services provided by KRW & Associates and wishes to continue to use their services by extending the term of the agreement to June 30, 2015, and increase the payment in the amount of $20,000, for a total agreement amount of $40,000. The original agreement allows for term extensions for continued services during Fiscal Year 2014-15. FISCAL IMPACT: Adequate funds for this item have been appropriated in the Fiscal Year 2014-15 Annual Operating Budget. ATTACHMENT: First Amendment with KRW & Associates FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND KRW & ASSOCIATES ENGINEERING PLAN CHECK, MAP AND LEGAL DESCRIPTION REVIEW THIS FIRST AMENDMENT is made and entered into as of July 1, 2014, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and KRW & 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 This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2013, the City and Consultant entered into that certain Agreement entitled "Agreement for Engineering Plan Check, Map and Legal Description Review," in the amount of $20,000. b. The parties now desire to extend the term of the agreement to June 30, 2015, increase the payment in the amount of $20,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2015, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Twenty Thousand Dollars ($20,000), for additional Engineering Plan Check, Map and Legal Description Review, for a total Agreement amount of Forty Thousand Dollars ($40,000). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA KRW & Associates (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Kris R. Winchak Owner and Sole Proprietor ATTEST: By: Gwyn R. Flores, CMC, Acting City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT KRW & Associates Attn: Kris R. Winchak P.O. Box 867 Murrieta, CA 92564 909-262-7009 951-245-0159 - Fax kwinchak@verizon.net 2 PM Initials: D g Date: Item No. 14 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: June 24, 2014 SUBJECT: First Amendment to the Contract with Pacific Striping, Inc. for Citywide Repainting of Traffic Striping, PW13-04 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the City Council: 1. Approve the First Amendment to the Contract with Pacific Striping, Inc., in the amount of $278,150, for Citywide Repainting of Traffic Striping, PW13-04; 2. Authorize the City Manager to approve additional work not to exceed the contingency amount of $51,850, which is approximately 18.6% of the annual amount. BACKGROUND: On July 23, 2013, the City Council approved a contract with Pacific Striping, Inc., in the amount of $278,150, to provide for Citywide repainting of traffic striping. The original agreement allows for four one year term extensions through June 30, 2018. Citywide repainting of street striping and pavement markings occurs on two annual occasions that are roughly six-month intervals. In addition to repainting existing stripes and pavement markings, the contract allows for minor modifications as directed by the City Engineer, including the removal of existing stripes and the placement of new traffic stripes and pavement markings. Staff is satisfied with the performance of Pacific Striping, Inc. and recommends extending the contract. FISCAL IMPACT: The cost to provide Citywide repainting of traffic striping for Fiscal Year 2014-15 is $278,150, plus a contingency in the amount of $51,850 to address potential extra work. Adequate funds have been requested in the Annual Operating Budget, Measure A Fund, for Fiscal Year 2014-15, within account 170-199-999-5410. ATTACHMENT: First Amendment with Pacific Striping, Inc. FIRST AMENDMENT TO CONTRACT BETWEEN CITY OF TEMECULA AND PACIFIC STRIPING, INC. CITYWIDE REPAINTING OF TRAFFIC STRIPING, PW13-04 THIS FIRST AMENDMENT is made and entered into as of June 24, 2014, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Pacific Striping, Inc. a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 23, 2013, the City and Contractor entered into that certain Contract entitled "Contract for Citywide Repainting of Traffic Striping, PW13-04." b. The parties now desire to extend the term of the Contract to June 30, 2015, and to amend the Contract as set forth in this Amendment. 2. Section 2 of the Contract entitled "TERM" is hereby amended to read as follows: This contract shall commence on July 23, 2013, with the first extended term starting on July 1, 2014, and shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2015 unless sooner terminated pursuant to the provisions of this contract. The City may, upon mutual agreement, extend the contract for three (3) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2018. 3. Section 6 of the Contract entitled "CONTRACT AMOUNT AND SCHEDULE" is hereby amended to read as follows: The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO HUNDRED SEVENTY EIGHT THOUSAND ONE HUNDRED FIFTY DOLLARS ($278,150), the total amount of the base bid for work in the first additional year term of the Contract from July 1, 2014 through June 30, 2015. 4. Section 24 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day 1 following deposit with the document delivery service or United States Mail as provided above. Mailing and Delivery Address: Thomas W. Garcia Director of Public Works/City Engineer 41000 Main Street Temecula, CA 92590-3606 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA Pacific Striping, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Scott Fisher, President ATTEST: By: By: Gwyn R. Flores, CMC, Acting City Greg Fisher, Secretary/Treasurer Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Pacific Striping, Inc. Contact Person: Scott Fisher P.O. Box 1691 Whittier, CA 90609-1691 Phone Number: (562) 945-7805 3 PM Initials: D v Q Date: Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: June 24, 2014 SUBJECT: Second Amendment to the Agreement with Temecula Sunrise Rotary Foundation for Fiscal Year 2014-15 PREPARED BY: Julie Dauer, Acting Management Analyst Judith M. McNabb, Administrative Assistant RECOMMENDATION: That the City Council approve the Second Amendment to the Agreement with Temecula Sunrise Rotary Foundation, in the amount of $10,050, for bus benches placement and maintenance for Fiscal Year 2014-15. BACKGROUND: Since 1994, the Rotary has installed and maintained bus benches at various locations throughout the City. Beginning in June 2000, the City Council desired to lease 43 bus benches and have the Rotary maintain the bus benches for an annual agreed to amount. On July 1, 2012, the City entered into a three-year agreement with Temecula Sunrise Rotary Foundation ("Rotary") for Fiscal Year 2012-13, for the placement and maintenance of a reduced number of bus benches from 43 to 36, as a result of route changes or conflicts with other improvements, in an annual amount of $10,150. On October 29, 2013, a First Amendment to the agreement was prepared for continued services provided in Fiscal Year 2013-14 to increase the payment in the amount of $10,050. The Rotary has faithfully performed all services, including maintain, repair, clean, keep neat, safe, and in sanitary condition all benches placed pursuant to the agreement. To date, staff has been satisfied with the services provided by Rotary and wishes to continue to use their services by increasing the payment in the amount of $10,050 for Fiscal Year 2014-15, for a total agreement amount of $30,150. The original agreement allows for a term through June 30, 2015. FISCAL IMPACT: Adequate funds will be available in the Department of Public Works Fiscal Year 2014-15 budget. ATTACHMENT: Second Amendment with Temecula Sunrise Rotary Foundation SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA SUNRISE ROTARY FOUNDATION BUS BENCHES PLACEMENT AND MAINTENANCE THIS SECOND AMENDMENT is made and entered into as of July 1, 2014, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Temecula Sunrise Rotary Foundation, a California non-profit corporation (hereinafter referred to as "Rotary"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2012, the City and Rotary entered into that certain Agreement entitled "Agreement for Bus Benches Placement and Maintenance," in the amount of $10,050. b. On October 29, 2013, the City and Rotary entered into the First Amendment to that certain Agreement entitled "Agreement for Bus Benches Placement and Maintenance," to increase the payment in the amount of $10,050, and amend the "Notices" section of the Agreement to update the address of the City. c. The parties now desire to increase the payment in the amount of $10,050, and to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "LEASE PAYMENTS" at paragraph "a" is hereby amended to read as follows: City shall pay to Rotary the annual sum of Ten Thousand Dollars and No Cents ($10,050.00) for the initial thirty six (36) Bus Benches described in this agreement. Said annual payment shall be made in quarterly installments with the exception of the first payment identified in paragraph 4.a. of this Agreement. The City shall pay an additional Seventy Five Dollars and No Cents ($75.00) per quarter for each additional Bus Bench request that is placed and maintained by Rotary within the public right-of-way in accordance with this Agreement. City shall pay such fee to Rotary within 30 days of receipt of an invoice the first business day of each quarter, beginning July 1, 2012. The Second Amendment amount shall not exceed Ten Thousand Fifty Dollars ($10,050) for a total agreement amount of Thirty Thousand One Hundred Fifty Dollars ($30,150). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA TEMECULA SUNRISE ROTARY FOUNDATION (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor ATTEST: By: By: Jill Schutte, President Gwyn R. Flores, CMC, Acting City Roger M. Weber, Treasurer Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Temecula Sunrise Rotary Foundation Attn: Roger M. Weber, Treasurer P.O. Box 2203 Temecula, CA 92593 951-695-3877 rweber3716@hotmail.com 2 PM Initials: D B Date: Item No. 16 TEMECULA COMMUNITY SERVICES DISTRICT ACTION MINUTES of June 10, 2014 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:30 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS None CSD CONSENT CALENDAR 19 Action Minutes — Approved Staff Recommendation (4-0-1, President Comerchero abstained) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected approval by Directors Edwards, Naggar, Roberts, and Washington with President Comerchero abstaining because he did not attend the May 27, 2014 Temecula Community Services District Meeting. RECOMMENDATION: 19.1 Approve the action minutes of May 27, 2014. 20 Fourth Amendment to the Agreement with Excel Landscape, Inc. for Landscape Maintenance Services for Fiscal Year 2014-15 — Approved Staff Recommendation (5- 0-0) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected approval by Directors Edwards, Naggar, Roberts, Washington and Comerchero. RECOMMENDATION: 20.1 Approve the Fourth Amendment to the Agreement with Excel Landscape, Inc., in the amount of $2,256,363.80, for Fiscal Year 2014-15 to provide continued landscape maintenance services, and the addition of new and supplemental landscape maintenance service areas; 20.2 Authorize the General Manager to approve additional work, not to exceed the contingency amount of $225,636.38, which is equal to 10% of the amendment amount. CSD Action Minutes 061014 1 21 Annual Agreements for services for various Community Services Department Citywide events, classes, and programs for Fiscal Year 2014-15 — Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected approval by Directors Edwards, Naggar, Roberts, Washington and Comerchero. RECOMMENDATION: 21.1 That the Board of Directors approve the following annual agreements for Fiscal Year 2014-15: Timmy D Productions, Inc. $58,000 Event/program services Bigfoot Graphics $50,000 Event/program services CSD PUBLIC HEARING 22 Temecula Community Services District Proposed Rates and Charges for Fiscal Year 2014-15 — Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Roberts; and electronic vote reflected approval by Directors Edwards, Naggar, Roberts, Washington and Comerchero. RECOMMENDATION: 22.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 14-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B — RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C — PERIMETER LANDSCAPING, SERVICE LEVEL D — RECYCLING AND REFUSE COLLECTION AND SERVICE LEVEL R — EMERGENCY UNPAVED ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 2014-15 23 Adoption of the Fiscal Year 2014-15 TCSD Annual Operating Budget — Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected approval by Directors Edwards, Naggar, Roberts, Washington and Comerchero. RECOMMENDATION: 23.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 14-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2014-15 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS CSD Action Minutes 061014 2 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:43 P.M., the Community Services District was formally adjourned to Tuesday, June 24, 2014, 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: Gwyn R. Flores, CMC Acting City Clerk/Acting District Secretary [SEAL] CSD Action Minutes 061014 3 Item No. 17 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin L. Hawkins, Director DATE: June 24, 2014 SUBJECT: Agreement with Melody's Ad Works, Inc. for Old Town Temecula Special Event Coordination and Marketing Services PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors approve an agreement with Melody's Ad Works, Inc., in the amount of $51,500 ($45,000/contract fee, $6,500/reimbursables) for the coordination and marketing of special events in Old Town Temecula for Fiscal Year 2014-15. BACKGROUND: Major events for Fiscal Year 2014-15 include the following: • Hot Summer Nights, July 14 — September 4 • Quilt Show, October 3 • Winter Fest, November 27 — January 4 • New Year's Eve, December 31 • Bluegrass Festival, March 21-22 • Western Days, May 16-17 • Street Painting Festival, June 26-28 FISCAL IMPACT: Adequate funds are included in the Fiscal Year 2014-15 Temecula Community Services District Operating Budget. ATTACHMENTS: Agreement with Melody's Ad Works, Inc. AGREEMENT FOR CONSULTANT SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND MELODY'S AD WORKS, INC. OLD TOWN TEMECULA SPECIAL EVENT PROMOTIONS THIS AGREEMENT is made and effective as of June 24, 2014, between the Temecula Community Services District, a municipal corporation (hereinafter referred to as "City"), and Melody's Ad Works, Inc., a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2014, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2015, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty One Thousand Five Hundred Dollars and No Cents ($51,500) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the General Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the General Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 To Consultant: Melody's Ad Works, Inc. Attn: Melody Brunsting 21705 Como Street Wildomar, CA 92595 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES MELODY'S AD WORKS, INC. DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, TCSD President Melody Brunsting, President/Treasurer ATTEST: By: By: Gwyn R. Flores, CMC, Acting City Cal Brunsting, Vice President/Secretary Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Melody's Ad Works, Inc. Melody Brunsting 20705 Como Street Wildomar, CA 92595 (951) 678-1456 melsadworks@gmail.com PM Initials: n R Date: �/ // EXHIBIT A Tasks to be Performed See attached proposal. EXHIBIT B Payment Rates and Schedule Services rendered for annual events in Old Town Temecula: Hot Summer Nights $12,000 Winterfest $12,000 New Year's Eve $ 5,000 Quilt Show $ 4,000 Bluegrass Festival $ 4,000 Western Days $ 4,000 Street Painting Festival $ 4,000 $45,000 Reimbursables — not to exceed $ 6,500 Total Contract Amount $51,500 NOTE: Any amounts deducted shall be deducted for event budget. dJ Ad Works, Inc Marketing & Public Relations Budget Proposal and Scope of Work Old Town Temecula Special Event Promotions 2014-15 8 Ad Works, Inc Marketing & Public Relations SCOPE OF WORK PERFORMED: Melody's Ad Works, Inc. will plan, produce, supervise and promote a series of annual events in Old Town Temecula designed to draw visitors to Old Town Temecula from the 2.2 million tourists that visit Temecula annually, and attract visitors from the Inland Empire/Southwest Riverside County market area. These events will begin with Hot Summer Nights July 11, 2014 and end with Old Town Temecula Street Painting, June 26-28, 2015. This will be the 16th year for Melody's Ad Works to produce and promote Old Town Temecula Events. Since the Old Town Event Implementation in 2000/2001, spending for Arts, Entertainment and Recreation has increased from $19 million annually (2000) to $233 million (2012) according to a recent Dean Runyan Survey. Additionally, $75 million was spent in food and beverage.* The Old Town Temecula events have grown in attendance and notoriety establishing Old Town Temecula as an Entertainment Destination, fulfilling an objective set out in the 1998 Keyser Marston report on Old Town Temecula. With cultural events like the Temecula Street Painting, Temecula Outdoor Quilt Show, Old Town Temecula Bluegrass Festival, and Old Town Temecula Western Days and ICS Chili Cookoff, we at Melody's Ad Works, Inc. believe the promotional campaign of these cultural events outside of the Temecula Valley has aided this growth in Tourism Spending. The following statistics support this belief. • Temecula Bluegrass Festival draws 200 RVs and 8,000-10,000 guests from Arizona, Nevada, Los Angeles, Orange County and Northern California annually (from RV camp records). • In 2014, 55% of the attendees are from outside of Riverside County based on Theater ticket sales. • Temecula Bluegrass Festival holds a Saturday Evening concert in the Old Town Temecula Community Theater that sells out every year. All of the ticket sales collected go directly to the Old Town Temecula Community Theater Budget. In 2014 this revenue equaled $6,480 in ticket sales, and $448 in convenience fee, $6,928 net. • Western Days Chili Cookoff was ranked one of the top 125 in the United States sending Temecula Winners to the 2013 and 2014 World Championships. Winners of the Temecula Chili Cookoff are now ALSO eligible for the World Food Championships in Las Vegas. • Chili Cookoff is now making a profit netting $2252 after prizes ( $1172 cookoff entry fees and tastings, $ 1080) • Chili Cookoff Contestants come from Los Angeles, Ventura, and San Diego County, as well as Arizona and Nevada • Old Town Temecula Street Painting Festival hosted 143 street painting ARTISTS in 2013, of all ages with 96 giant murals and 12,000 square feet of fine art painted on asphalt. § 1620 1 -foot x 1 -foot squares were painted by children and families. § 96 Murals and 143 artists painting for competition. Artists came from Colorado, Washington, and Arizona, plus, Castaic, Fresno, San Diego, Laguna Beach, and La Quinta. • In 2013, 17.5% of the Street Painters at the Old Town Temecula Street Painting Festival came from outside Riverside County. 8 Ad Works, Inc Marketing & Public Relations • In 2013, approximately 1200 unique visitors per hour visited the paintings between the hours of 11 a.m. and 3 p.m. both Saturday and Sunday. This was determined by clickers, at separate locations, counting unique visitors per hour and averaged. Peak hours for attendance is 11 a.m. to 3 p.m. (More than 4,800 per day visit the street paintings during the event.) • Temecula's Outdoor Quilt Show represents 21.3 MILLION quilters in America and $3.58 BILLION spent by quilters ANNUALLY in America. Temecula's 6 -hour Event draws an average of 1,000 visitors per hour (6,000 for the event) each year. Most visit from out of the area. Many come by bus in a group tour To reach the niche audiences of the Cultural Arts world, Melody's Ad Works, Inc works with guilds, associations and clubs that support the various niche groups to help spread the word of these events. Melody's Ad Works, Inc. also utilizes an integrated marketing and public relations strategy that has won the agency numerous international event marketing awards. This includes the 2013 IFEA Gold Pinnacle award for Media Relations, promoting the 2013 Temecula Valley Balloon & Wine Festival. The 2014-15 marketing campaigns will include: Advertising (design, layout, copywriting, and placement in media) ; Direct Marketing with flyers distributed at similar events; E -marketing utilizing Social Media, E-mails, and website support at TemeculaCalifornia.com; public relations and publicity including distribution to regional and national qualified media lists for each genre of the event; Sponsorship development and support marketing for sponsors for Old Town Temecula events; solicitation and procurement of event vendors. For the 2014-15 Old Town Temecula Events Melody's Ad Works Inc. will: • Provide Creative Implementation, Enhancement and Production of all events within this contract. • Review, screen, and select entertainers within this contract. • Provide contact information for each performer's Performance agreements and W -9s • Order necessary additional facilities such as stage, lighting, canopies, and portable toilets • Work with City of Temecula Planning and Riverside County Environmental Health to assure proper permits are acquired. • Produce site map for each event within this contract. • Develop an integrated marketing strategy for each event beginning with six month lead time calendar notices and continuing through the conclusion of each event within this contract.. • Select and schedule most effective advertising for each event within this contract. • Create radio and television commercials (production costs additional) within this contract. • Create reproduction -ready art for applications and forms for the various events within this contract. • Post on www.temeculacalifornia.com • Develop, write and distribute to media press releases and press packages for each event within this contract. o Distribute local, regional and national press releases supporting event. o Post on event and entertainment media calendar websites in Southern California. (PE, UT -San Diego, CVB, ETC) o Distribute quarterly press release on events for 6 -month lead time publications. 8 Ad Works, Inc Marketing & Public Relations o Produce e-mail blasts to combined email list of Temecula general interest subscribers to www.temeculacalifornia.com as well as developed email list to participants of Chili Cookoff, Temecula Street Painting Festival, and Temecula Bluegrass Festival. Emails will promote events and activities and follow all ANTI -SPAM rules and regulations restricting unsolicited emails. • (City can either forward to their email list or provide additional names if available to extend subscription base.) o Produce event invitations on Twitter, Pinterest, Instagram Facebook and other social networks as deemed necessary for the event. o Provide On -Site YouTube uploads of each event o Produce and pursue appropriate prizes for contestants of Chili Cookoff and Street Painting Festival. • Provide on-site laminated 8.5x11"event locater signage for event activities • Coordinate with City of Temecula Staff • Pursue sponsors for events within this contract. • Collect press clippings and maintain workbooks for each event within this contract • Provide media coverage recap of events within this contract • Meet with City staff up to 12 times per year regarding events of this contract. ADDED SUPPORT - ROD RUN 2015 Melody's Ad Works, Inc. will assist City of Temecula with marketing of the 2015 Rod Run. This will include: o Produce social media messaging from January 12 -March 9, utilizing Twitter, Facebook, Instagram and Pinterest accounts under Melody's Ad Works and providing a schedule and feed messaging for the CITY OF TEMECULA I.T. to produce. o Write, produce and distribute press releases and media invitations to Broadcast and Print publications beginning in October (long lead magazines such as Westways) and ending with event. o Melody's Ad Works, Inc. to research and develop specialized automotive media contacts for event o Melody's Ad Works, Inc. to develop advertising and marketing schedule based upon City budget. Proposed annual Contract fee: $45,000. 8 Ad Works, Inc Marketing & Public Relations EVENT DESCRIPTIONS: SUMMERFEST Hot Summer Nights: July 11 to August 29, 2014 Hot Summer Nights continues to grow in local popularity drawing audiences from Temecula, Murrieta, Menifee, Lake Elsinore and Fallbrook. Friday night events will begin July 11 -August 29, Labor Day Weekend. Melody's Ad Works, Inc. and staff met with Old Town Temecula Merchants and developed a plan for the Merchants to procure and pay for entertainment July 11, 18 and 25, 2014. Melody's Ad Works Inc., will procure entertainment for the August dates of August 1, 8, 15, 22 and 29, 2014. Additional Melody's Ad Works Inc., will coordinate with the Old Town Temecula Merchants to schedule July and August entertainment and prevent overlap, sound conflicts, and ensure a quality event. Melody's Ad Works Inc., will promote the event beginning July 1 through August 29, 2014 with publicity, social media and advertising paid out of the Hot Summer Nights Budget. The Budget for 2014 is $31,500. EVENTS AND ACTIVITIES • 8 Weeks, July 11 -August 29 • Deejay/Emcee (variable dates) • Dynamite Dave Weekly • Party Jumps • Art in Motion(variable dates) • Face Painting • Pony rides (variable dates) • Bands and various locations 8 Ad Works, Inc Marketing & Public Relations QUILT SHOW October 4, 2014 This event is popular with the merchants and out of town visitors. The Quilters in the Mist organization that produces the event has asked for City help to make the event grow. City Funds for this show are used for rental equipment and marketing and promotion. This includes creating a postcard that is distributed to California Quilt Guilds and Shows, providing flyers and advertising to support the event and increase attendance. The 2013 event had vendors in the conference center for the first time and a "quilt garden" in the Civic Center Quad produced by the Temecula Rose Society. The two groups are working together again for the 2014 event. Melody's Ad Works Inc., is currently working with the Quilt Show to expand the vendor portion of the show and help the group become self-sustaining. Volunteers are needed to help the quilters and we will be pursuing a Boy Scout participation program. The Budget for 2014 is $2550. Economic Impact of Quilting in the United States, According to a 2010 survey conducted by TNS Global, Inc, • Total quilters in U.S. exceeds 21 million • Estimated dollar value of quilting industry is $3.58 billion • Average dedicated quilter is 62 years old, well-educated, with HH income of $91,602 • Dedicated quilters Spend on average $2422 per year on quilting • There are more than 200 quilting guilds in the State of California • Each year Guilds from around California attend the Outdoor show by Busloads. • Quilts hung in Old Town Temecula have values from $500 to $2,000 • One of the largest quilt shows on the West Coast is in Sisters Oregon and attracts 12,000 visitors for the one -day show. Temecula's show draws between 6,000-10,000. Melody's Ad Works Inc. will work with the Quilters on permits, advertising, publicity, promotion and coordination of the event. 8 Ad Works, Inc Marketing & Public Relations WINTERFEST Old Town Christmas Friday, November 28, 2014 to January 4, 2015 The proposed budget of 2014 is $20,500. City staff will schedule volunteer choirs from churches, Boy Scouts and Girls Scouts to entertain. Santa's arrival will be aboard the horse drawn sleigh on Thanksgiving Friday, November 29. Santa will offer visits 10 days for the 2014 year. This will include November 28, 29, 30; December 6, 7, 12, 13, 14, 19 and 20. The 20th will be Santa's final day in Old Town. Melody's Ad Works, Inc. to pursue sponsor for enhanced Santa's Workshop. Currently Melody's Ad Works, Inc. is working with the City of Temecula, and Temecula Valley Convention and Visitors Bureau (TVCVB) to continue the enhancement of Winterfest. In 2013-14 Melody's Ad Works Inc. worked with the TVCVB to establish Snowbell Rockin' Nights and enhance the atmosphere and lighting during Winterfest in Old Town Temecula. This resulted in a $20,000 TVCVB Sponsorship that provided: Wreath at City Hall, Gobos of Snowflakes at Front and Main and Front and 6th Streets, Lighted street pole snowflakes at Front and Main, and the Snowbell Rockin' Nights, synchronized to snow, lights and the music from the Bell Tower, three times per night, 3 nights a week during Winterfest. The Budget for 2014-15 Budget is $20,500 NEW YEAR'S EVE: New Year's Eve has grown into a signature event for the City of Temecula with an estimated attendance of 3,000 during the grape drop in 2013. This budget has been increased to provide health and safety to the growing crowd including portable toilets, security, bicycle fencing at the stage, sound tower scaffolding to raise sound, and enhancements to the countdown including rehearsal. The Budget for 2014-15 is $13,500. 8 Ad Works, Inc Marketing & Public Relations Bluegrass Festival March 21-22, 2015 The 2014 event included a concert from three of the headliners in the OLD TOWN TEMECULA COMMUNITY THEATER - ALL PROCEEDS OF THE SOLD OUT CROWD @$6,928 WENT TO COMMUNITY THEATER'S BUDGET. The OTTCT will not be available for 2015. Additional, RV parking has been moved to Diaz lot, necessitating transportation shuttles for RVers. The City of Temecula BUS will provide this transportation. Surveys of the RV owners demonstrated that the visitors would spend $300 in Old Town Temecula while in town for the event. ($60,000 sales in town). The 201 event experienced great crowds at all stages. OTTC was 60-100% filled for all shows due to the higher temperatures and hot windy weather. Budget for 2015 is $27,900. 2015 Festival • Venues at local businesses, with facilities sponsored by local businesses such as canopies and/or staging will be provided by local businesses. Bands at these venues will play 3 -hour sets similar to Hot Summer Nights. • Mary Phillips Senior Center will be used as a replacement for workshops and indoor stage lost by OTTCT Closure. • Outdoor stage will remain at Town Square Park • Conference Center will remain as green room and back up for rain contingency. • Evening paid concert will be eliminated. • Hours will be 11 a.m. to 6 p.m. Saturday & Sunday outdoors. Bands will be scheduled at local merchants for 6-9 p.m. sets on Saturday. Senior Center will be used 11 a.m. to 5 p.m. NOTE TO PUBLIC WORKS AND THEATER (signage) - Bluegrass is ONE WORD. 8 Ad Works, Inc Marketing & Public Relations Western Days May 16 & 17, 2015 HIGHLIGHTS OF 2013 In 2013 the Temecula Western Days Chili Cookoff was designated as one of the top 125 Cookoffs in the United States. Winners of the Temecula Contest advance to World Chili Championships and the World Food Championships. The 2013 Chili Cookoff had 36 contestants, with 26 competing in Red Chili, 16 in Chili Verde and 12 in Salsa. Additional categories included Restaurant competition between Rosa's Cantina, The Bank, Temecula Lavender Company, Chili Roaster, and Texas Lil's. 22 participated in people's choice. A $250 donation was made to Boy Scout Venture troop 604 for handling the ticket Sales. The ICS Chili Cookoffs distribute more than $1 million annually to charities within their communities. After cash award payouts, the cookoff netted $1,172 in fees and peoples taste awards. $1080 was raised through vendor fees. Net Revenue recovery: $2252. (2014 to be determined. ICS standard is to spell Cookoff as one word.) In 2014, Melody's Ad Works, Inc. coordinated with the Temecula Valley Museum to provide entertainment at Sam Hicks Park and at the Museum during Western Days. This provided more variety to the weekend, an historical element that is factual, and musical entertainment the Event budget cannot provide. The budget has been increased as it has been difficult to provide necessary permits, health and safety requirements for two days, entertainment and facilities with the 2014 budget of $7850. The budget for Western Days is $8350.00 a $500 increase The 2015 Event will include the ICS Chili Cookoff. Promotion will begin in January for the Cookoff. Sound system used for Chili Cookoff — DONATED BY MELODY'S ADWORKS INC. in 2008-2014 8 Ad Works, Inc Marketing & Public Relations Street Painting Festival & Plein Air Festival June 26, 27 & 28, 2015 HIGHLIGHTS OF 2013 EVENT: Over 1,6201 foot x 1 foot squares were painted by children and families who visited the event. More than 140 street painting artists and muralists competed at the 2013 Street Painting Festival. Street Painting Festival. Artists who participated in the event came from the states of Washington, Arizona and California. Californian artists included residents from Castaic, Fresno, La Quinta, San Diego and Long Beach. The Temecula Street Painting Festival has a unique quality over other festivals. It is recommended to artists throughout California and often we receive new registrations through referrals as being "friendly" with plenty of open space, shade, water, and support. It is also unique for the free access to youth and families with the most "family and children" drawings of a California Street Painting Festival. We also are one of the few festivals to offer the chalk to children free. The Old Town Temecula Street Painting Festival is part of a cooperative group of festivals that cross promote including the I Madonnari Festival and Santa Barbara Festival. This festival continues to grow in participants, quality and attendance. As a benchmark, the 2007 event had a total of 72 artists participating and 600 1 foot by 1 foot block; 2013 143 artists, 1620 1 foot by 1 foot blocks. • The Temecula Street Painting Festival has more than doubled in 6 years. • Average unique visitors through Town Square Saturday and Sunday from 11 a.m. to 3 p.m., 1,500 per hour. • Estimated attendance over 6,000 per day, 12,000 per weekend. The Budget for 2015 is $9,250 a $1,000 increase. This is an increase from the 2014 budget @ $8250. It was assumed that the TCSD Budget could afford the following facilities and it cannot. • (2) 10x20 ez ups • (4) 8 -foot tables, •20 plastic chairs, •2 light standards for evening art work, • 10-12 EZ Ups or 16 Umbrellas, 30 sand bags, environmental health permit for food vendors, • bottled water for 140 artists, • minimum 2 bottles of water per day per artist - • 140 artists=560 bottles of water, or 24 cases of 24 bottles (if 8 oz bottles, double amount) 8 Ad Works, Inc Marketing & Public Relations TEMECULA STREET PAINTING FESTIVAL 2015 Melody's Ad Works Inc., will donate the following as the firm has since 2005 • Gatorade and Breakfast Saturday & Sunday • Non-cash prizes for other street painting categories • Photography • Refreshments for reception on Sunday • Donation to Boy Scouts who assist with the event setup Friday, Saturday and Sunday. ADVERTISING AND GRAPHICS DEADLINES FOR EVENTS: Melody's Ad Works, Inc. produces advertisements, commercial/broadcast copy and scripts, flyers, posters, and collateral material for the events defined within this agreement. As with all marketing efforts, maintaining and following deadlines for proofing and completion are essential to the success of the marketing campaign. For this reason the following deadlines are provided. GRAPHIC ARTS AND BROADCAST PRODUCTION TURN AROUND: • 1-2 Weeks o Proof/revisions 1 week o Proof corrections 24 hours Deadline for Radio, Television for placement —1 week prior to airing Deadline for Newspaper dailies - 3-5 days depending on date of ad/holidays Deadline for Newspaper monthlies — 2 weeks prior to month ad is to run Necessary time to promote an event 4-6 weeks of publicity, advertising, collateral material on display. Any delays, excessive revisions of work, event budget or itinerary changes, result in a less efficient and effective promotional campaign for the event. Excessive revisions, changes and/or additional events and activities will result in additional fees beyond this contract fee at the rate of $150 per hour. Excessive revisions are defined as more than two design and/or copy changes due to subjective taste and not errors or omissions. Melody's Ad Works Inc. $ 45,000 Melody's Ad Works Inc. will bill monthly on the first of the month, for services described herein. Expenses incurred by Melody's Ad Works Inc., such as printing, postage, copies of applications, copy and fax costs, Christmas decorations, ice, signage, prizes and awards, games and toys for the events will be billed separately and are not part of the contract price for services. These expenses are delineated in each event budget spreadsheet. Postage falls under advertising. Other supplies fall under facilities and entertainment depending upon the supply item. Any City of Temecula requirements (insurance, permits, business license, and/or processing procedures) of Melody's Ad Works, Inc. that result in direct increased cost to Melody's Ad Works, Inc. and are additional to previous year's requirements, will be billed to the City of Temecula at cost for said items separate from this agreement. Melody's Ad Works, Inc maintains General Liability Insurance of $1,000,000, and auto liability of $1,000,000 per accident and d Ad Works, Inc Marketing & Public Relations assigns the City of Temecula as additional insured. Melody Brunsting, president is the sole employee of the company and therefore not required by law to carry workman's compensation. Melody's Ad Works, Inc. has analyzed the past 14 years of servicing this account and found the amount of reimbursable is the minimum required to provide for the events. This amount is $6,500 and is included within the event budget. Respectfully submitted, Melody Brunsting Melody Brunsting President Melody's Ad Works, Inc. Providing quality events, marketing and promotions since 1989 Winner of the International Festivals & Events Association Gold Pinnacle Awards for Media Relations, Marketing, Social Media Campaign and Promotions. Item No. 18 TO: FROM: DATE: SUBJECT: TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT General Manager/Board of Directors Kevin Hawkins, Director of Community Services June 24, 2014 Annual Agreement with Nicholas Tierce for Graphic Design and Videography Services for the Theater and Museums for Fiscal Year 2014-15 PREPARED BY: Erica Russo, Patron Services Coordinator RECOMMENDATION: That the Board agreement for Fiscal Year 2014-15: Nicholas Tierce $50,000 of Directors approve the following annual Graphic design and videography BACKGROUND: Each year the Old Town Temecula Community Theater produces extensive, award-winning print, electronic, and video collateral to support its season of over 500 performances on the Main Stage and at The Merc. High-caliber graphic design services are essential to generating revenue through ticket sales, efficient use of limited staff hours, and enhancing the community's awareness of the Theater's Cultural Arts programming. As both a qualified graphic designer and videographer and a former Theater employee, Mr. Tierce is uniquely positioned to provide optimal service, quality, and value. For Fiscal Year 2014-15, Mr. Tierce's services will also be used to support other cultural arts offerings, including the Temecula Valley Museum's Veteran's History project. Approval of this Agreement will ensure the timely and seamless provision of high quality Cultural Arts promotion the community has come to expect. FISCAL IMPACT: Adequate funds for this item have been appropriated in the Fiscal Year 2014-15 Annual Operating Budget. ATTACHMENTS: Agreement with Nicholas Tierce AGREEMENT FOR CONSULTANT SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND NICHOLAS TIERCE THEATER GRAPHIC DESIGN WORK THIS AGREEMENT is made and effective as of July 1, 2014, between the City of Temecula, a community services district (hereinafter referred to as "City"), and Nicholas Tierce, Sole Proprietor (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2014 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2015 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experiences, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000) for the total term of this agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notices. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the General Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 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. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 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 insurers liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the General Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: To Consultant: 14. ASSIGNMENT City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 Nicholas Tierce 1830 North Hollywood Way Unit C Burbank, CA 91505 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: By: Maryann Edwards, Mayor Nicholas Tierce, Owner ATTEST: By: Gwyn R. Flores, CMC, Acting City Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Nicholas Tierce 1830 North Hollywood Way Unit C, Burbank, CA 91505 (951) 816-1074 nicktierce@gmail.com PM Initials: n g Date: �/ EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: As directed by the Theater Manager or Patron Services Coordinator, Consultant shall: • Design and produce camera-ready art to support the advertising and marketing goals of the Theater and/or Temecula Valley Museum, including but not limited to posters, ads, brochures, and related collateral supporting the Theater's 2014-15 season. • Coordinate with production companies and other outside sources to acquire design assets as needed. • Maintain an on-going schedule of work and clear status updates with Theater Manager and Patron Services Coordinator. • Provide timely and detailed invoices for services rendered. • Coordinate with printers and other vendors for production and delivery of final products. EXHIBIT B Payment Rates and Schedule Rate: $45.00/hour Schedule: Payment to be made monthly upon receipt of detailed invoices including hours worked and individual project status(es). Other: Approved materials (e.g., stock images) will be reimbursed at cost. Item No. 19 COUNCIL BUSINESS Approvals City Attorney Finance Director City Manager Pif-e-r- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: June 24, 2014 SUBJECT: Ordinance Amending Section 10.28.010(D) of the Temecula Municipal Code regarding Prima Facie Speed Limits on Certain Streets PREPARED BY: Jerry Gonzalez, Associate Engineer - Traffic RECOMMENDATION: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS SUMMARY OF ORDINANCE: The Temecula Municipal Code is hereby amended as follows to reaffirm the declared prima facie speed limits only on the following streets: Name of Street And Portion Affected Calle Chapos — Walcott Lane to Calle Girasol Declared Prima Facie Speed Limit Miles Per Hour 30 Calle Girasol — Calle Chapos to Nicolas Road 30 Crowne Hill Drive — Butterfield Stage Road to Pauba Road 35 Diaz Road — Dendy Parkway to Rancho California Road 45 La Serena Way — Margarita Road to Butterfield Stage Road McCabe Drive — Meadows Parkway to Amarita Way Moraga Road — Rancho California Road to Margarita Road Nighthawk Pass — Vail Ranch Parkway to Butterfield Stage Road Nighthawk Pass — Butterfield Stage Road to Choate Street Overland Trail — Redhawk Parkway to Vail Ranch Parkway Peppercorn Road — Redhawk Parkway to Deer Hollow Way 45 35 40 45 25 40 40 Rancho Vista Road — Ynez Road to Butterfield Stage Road 45 Redhawk Parkway — Temecula Parkway (Route 79 South) to Tehachapi Pass 45 Vail Ranch Parkway — Redhawk Parkway to Tehachapi Pass 45 Walcott Lane — La Serena Road to Calle Chapos 30 BACKGROUND: At the meeting on August 22, 2006, the City Council adopted Ordinance No. 06-09, which declared the prima facie speed limits on the streets shown above. At that time, the recommended speed limits were determined on the basis of an Engineering and Traffic Survey. The California Vehicle Code (CVC) requires local authorities to review and reaffirm or adjust speed limits within their jurisdiction every seven years on the basis of an Engineering and Traffic Survey. The CVC also allows local authorities to extend an Engineering and Traffic Survey to ten years, if a Registered Engineer determines that no significant changes in roadway or traffic conditions have occurred, including major changes in adjacent property or land use, roadway width, or traffic volumes. The Director of Public Works/City Engineer has reviewed the streets listed above and determined that no significant changes in roadway or traffic conditions have occurred within the last seven years and a change to the existing posted speed limit is not required. Therefore, Staff recommends that the City Council extend the existing Engineering and Traffic Survey and adopt an Ordinance amending Section 10.28.01(D) of the Temecula Municipal Code reaffirming the existing posted speed. FISCAL IMPACT: There are no fiscal impacts associated with the recommended action. ATTACHMENT: Ordinance ORDINANCE NO. 14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 10.28.010(D) of the Temecula Municipal Code is hereby amended as follows to reaffirm the declared prima facie speed limits only on the following streets: Name of Street And Portion Affected Declared Prima Facie Speed Limit Miles Per Hour Calle Chapos — Walcott Lane to Calle Girasol 30 Calle Girasol — Calle Chapos to Nicolas Road 30 Crowne Hill Drive — Butterfield Stage Road to Pauba Road 35 Diaz Road — Dendy Parkway to Rancho California Road 45 La Serena Way — Margarita Road to Butterfield Stage Road 45 McCabe Drive — Meadows Parkway to Amarita Way 35 Moraga Road — Rancho California Road to Margarita Road 40 Nighthawk Pass — Vail Ranch Parkway to Butterfield Stage Road 45 Nighthawk Pass — Butterfield Stage Road to Choate Street 25 Overland Trail — Redhawk Parkway to Vail Ranch Parkway 40 Peppercorn Road — Redhawk Parkway to Deer Hollow Way 40 Rancho Vista Road — Ynez Road to Butterfield Stage Road 45 Redhawk Parkway — Temecula Parkway to Tehachapi Pass 45 Vail Ranch Parkway — Redhawk Parkway to Tehachapi Pass 45 Walcott Lane — La Serena Road to Calle Chapos 30 Section 2. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2014. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 14- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 10th day of June 2014, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Gwyn R. Flores, CMC Acting City Clerk Item No. 20 DEPARTMENTAL REPORTS CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G. Villa, AICP, Director of Community Development DATE: June 24, 2014 SUBJECT: Community Development Department Monthly Report PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Receive and file. The following are the highlights for the Community Development Department for May 2014. CURRENT PLANNING ACTIVITIES New Cases: Planning received 40 new applications, and conducted 2 public hearings during the month of May. A detailed account of current planning activities is attached to this report. Altair (formerly Village West) Specific Plan: On November 12, 2013, City Council approved an Entitlement Processing Agreement with Ambient Communities (Developer) to process extensive land use entitlements for the 270 acre property located west of Old Town including General Plan Amendment, Specific Plan, Subdivision Maps, Development Agreement, and Environmental Impact Report (EIR). Ambient Communities is proposing a mixed-use development comprised of residential single-family and multi -family units, as well as retail/commercial, open space, and institutional uses. The Developer has agreed to fund the City's expenses for hiring project staff to process the entitlements for an efficient and detailed review of the project. Staff provided comments on a second pre -application, including conceptual map and site plan layout, and draft Specific Plan. Staff is currently reviewing a Multiple Species Habitat Conservation Plan (MSHCP) Consistency Report and has prepared an Initial Study. Staff released a Request for Proposal (RFP) for an Environmental Impact Report (EIR) in May. Proposals are due in June, and staff anticipates entering into an agreement with the selected consultant in early July. (PETERS) Temecula Valley Hospital: City Council approved the Temecula Valley Hospital project on January 22, 2008. A Certificate of Occupancy for the Phase I hospital bed tower was received from the Office of Statewide Health Planning and Development (OSHPD) on July 19, 2013. United Health Services obtained State licensing to open the hospital for patients on October 14, 2013. On May 31, 2013, staff received a Major Modification application to modify the site plan and heliport Conditional Use Permit to relocate the heliport from an area near the northeast corner of the hospital building. UHS indicated that the heliport needs to be relocated based on concerns from the FAA and the aeronautical division of Caltrans. UHS proposed two phases of movement for the heliport: Phase I would place the heliport to the west of the hospital building, in one of the parking lot areas. Phase II would place the heliport on the roof of the second hospital tower. In both cases, the proposed locations result in a change to the flight path that move it away from the Madera Vista residential project and changes the path to either head directly into or away from the prevailing wind direction (rather that perpendicular to the prevailing winds), as directed by the FAA and Caltrans. This application is under review and a Supplemental EIR is being prepared by Environmental Science Associates. Staff anticipates scheduling the project for a public hearing before the Planning Commission in August 2014 and before City Council in September 2014. (FISK) Roripaugh Ranch Specific Plan: In 2013, the Planning Commission approved KB Homes, Standard Pacific, and Van Daele Developments' applications for Home Products Reviews in the Roripaugh Specific Plan Area. KB Home plans to construct 98 single-family homes. Standard Pacific plans to build 200 single-family homes under the names Montego and Cambridge. Van Daele Development will construct 113 single-family homes, 56 marketed as Verona, and 57 as Sorrento. The three builders will construct 411 homes in four of five available planning areas in the area commonly referred to the "panhandle." One hundred ninety four residential permits have been issued to date. (PETERS) LONG RANGE PLANNING The Long Range Planning Division works toward larger scale and longer time -frame projects. Some of the major projects and long-range planning activities currently in progress are described below. Hike Bike Temecula (Multi -Use Trails and Bikeways Master Plan Update): On May 14, 2013, City Council awarded a contract to KTU+A to update the City's Multi -Use Trails and Bikeways Master Plan. On August 27, 2013, City Council approved an amendment to the contract to include a sidewalk gap analysis within the Master Plan Update. A community workshop was held on Saturday, October 26, 2013, and attendees provided feedback on bike lanes, sidewalks, trails, hiking paths, and equestrian connections. Community input was also collected through a survey via the project website www.hikebiketemecula.org. A Steering Committee meeting was held on February 25, 2014 at the Merc Theater in Old Town, with over 30 participants in attendance. The focus of the meeting was to summarize the survey results and to get feedback on proposed improvements in Old Town. The Old Town improvements include sharrows (shared bike lane markings) on Old Town Front Street, Bicycle Friendly Community signs, and strategically placed bike racks. Phase I concluded with a community walk -ride event on May 10, 2014, highlighting priority locations for future trails and bike lanes based on the community's feedback. On March 25, 2014, City Council approved an amendment to the contract that included Phase II of the Master Plan Update and additional sidewalk analysis. Phase II is under way. (PETERS) Uptown Jefferson Specific Plan: The Uptown Jefferson Specific Plan Area encompasses approximately 560 acres and is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. In January 2011, City Council established the Jefferson Avenue Ad Hoc Subcommittee, comprised of Council Member Roberts and Mayor Pro Tem Comerchero. The project website, www.envisionjefferson.org, provides updates to the public. To date, staff has held eight City Council Ad Hoc Subcommittee Meetings to provide updates on the various public meetings, develop policies, and obtain direction on the content of the Specific Plan. Between October 2011 and July 2013, staff held six visioning workshops. These workshops solicited feedback from the public and key stakeholders about the future vision of the Specific Plan area. Eight recommendations emerged from the public visioning process, including: 1) strengthen economic development, 2) expand the mix of uses, 3) define districts and neighborhoods, 4) improve transportation, mobility, connectivity and circulation, 5) integrate recreation, open space and trails, 6) create updated and flexible development standards, 7) build and maintain a comprehensive utility infrastructure network and 8) establish a district identity. On June 13, 2013, staff also held a Developer Focus Group to determine the future economic feasibility of the Specific Plan based upon anticipated market conditions, economic demands, demographic trends, and available financing. From July 2013 through December 2013, staff held six public Uptown Jefferson Specific Plan Steering Committee Meetings with members of the public. Two commissioners from each of the City's commissions (Planning, Community Services, and Public/Traffic Safety Commissions) sit on the Committee. Staff presented form -based code principles and drafts of districts map, land use matrix, street cross sections, conceptual streetscape beatification plan, circulation network, hypothetical future block standards, urban parking standards, urban design guidelines, plan administration, sign standards, adaptive reuse standards, plan financing, and the anticipated 30 - year build out scenario. Staff is currently writing the Specific Plan based upon the eight visioning recommendations, plan framework, and the concepts presented at the six public Steering Committee meetings. An Environmental Impact Report (EIR) is being prepared simultaneously with the Specific Plan. Plan completion and certification of the EIR is anticipated in late 2014. (INNES, WEST, WATSON) Uptown Jefferson Specific Plan Program Environmental Impact Report (EIR): Environmental Science Associates (ESA) is preparing a Program EIR for the Uptown Jefferson Specific Plan. An EIR Scoping meeting was held in June 2013, providing an opportunity to submit comments related to the scope of the EIR. As a courtesy, all property owners within the Specific Plan area were mailed notices for this meeting. Staff is currently reviewing and providing feedback on the draft EIR. Certification of the Final EIR is anticipated in late 2014. (INNES, WEST, WATSON) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) & HOUSING Affordable Housing Overlay and Density Bonus Ordinance: City staff has completed the 2014- 2021 General Plan Housing Element Update. The City Council adopted the document on January 28, 2014, and the City received certification from the State Department of Housing and Community Development (HCD) on March 10, 2014. Staff has prepared a project schedule for the Affordable Housing Overlay and Density Bonus Ordinance as required by Program 1 and Program 4 of the Housing Element. The project is in the initial planning phase. Staff is currently conducting research and anticipates completing the Ordinance for adoption by February 2015. (WEAVER) Community Development Block Grant (CDBG): The City of Temecula received the annual award letter from HUD on April 4, 2014. The City will receive $544,070 in CDBG grant funding for Fiscal Year 2014-15. After an extensive public outreach effort involving two public workshops, two Finance Subcommittee meetings, a 30 -day public review period, and a public hearing, the City Council approved the Fiscal Year 2014-15 Annual Action Plan and funding recommendations on April 22, 2014. Council members recommended allocating 20 percent for program administration ($108,814), 15 percent for public services ($81,610) to be divided evenly between five non-profit service providers, and the remaining 65 percent for infrastructure improvements and housing activities. The Sam Hicks Park Playground Enhancement project will receive $311,550 in additional CDBG funding, Habitat for Humanity will receive $26,223 for a Critical Home Maintenance and Repair Program, and GRID Alternatives will receive $15,873 for a Solar Affordable Housing Program. The Annual Action Plan was submitted to HUD in May. (WEAVER) ENERGY & CONSERVATION PROGRAM Temecula Energy Efficiency Management (TEEM) Fund: The TEEM Fund is a self-sustaining fund that utilizes rebate incentives while also re -directing annual utility costs savings from energy efficiency projects into the fund. City Council established the fund in June 2013, with an initial deposit of $119,728.90 in SCE and SCG rebates. Staff is working with Public Financial Management Inc., a consultant funded through the Western Riverside Energy Partnership, to develop an administrative policy manual for the TEEM Fund, and is focusing on policies and methodologies for determining the amount of utility savings to be deposited into the fund after energy efficiency projects are completed. (WEST) Western Riverside Energy Leadership Partnership: This Partnership, consisting of eleven Western Riverside Council of Government (WRCOG) member cities, Southern California Edison (SCE), and Southern California Gas (SCG), provides incentives for participants to develop energy efficiency programs. Temecula was the first City in the Partnership to achieve Gold Level status by completing 13 energy efficiency projects in FY 2012-13, resulting in nearly $100,000 of annual utility cost savings. For FY 2013-14, the City has upgraded the Community Recreation Center parking lot lights with new LED lighting fixtures. This resulted in 9,155 kWh saved and an additional $2,280 in annual savings. To achieve the Platinum level in the Partnership, the City will need to complete an additional 82,958 kWh savings, implement an Auto Demand Response plan, and adopt the Municipal Energy Action Plan. (WEST) Energy Action Plans (EAP): The final draft Municipal and Community Energy Action Plans have been prepared for the City of Temecula. The Plans were funded through the Western Riverside Energy Partnership as part of the first year program development. Both EAPs establish energy reduction goals, policies, and implementation measures to achieve energy reduction goals. (WEST) Green House Gas (GHG) Emissions Inventory/Climate Action Plan: A draft Municipal GHG inventory and Community GHG inventory has been prepared for the City and was funded through the Energy Partnership and grant funds received by WRCOG. Energy data from the Plans have been used to establish a baseline for the emission inventories. The inventories will be incorporated into the Western Riverside County Climate Action Plan for strategies that address state legislation AB 32 and SB 375. The Climate Action Plan proposes to identify emission reduction targets and measures. Staff continues to work with WRCOG to provide input to the Municipal and Community GHG inventories and to the Climate Action Plan. (WEST) Solid Waste and Recycling: Staff manages the City's Solid Waste and Recycling Agreement with CR&R and acts as a liaison between the City, CR&R, and their customers. City staff and CR&R coordinate two Citywide Clean-up events each year to dispose of household waste and large miscellaneous debris that does not fit into the standard residential trash receptacle. The next Citywide Clean-up will be held on September 20, 2014 at Chaparral High School. This free event will offer residents an opportunity to dispose of large items and to recycle items that are not allowed in the standard residential recycling receptacle. Staff also assists with outreach for the Riverside County Mobile Household Hazardous Waste Collection events and the Backyard Composting Workshops. The Household Hazardous Waste Collection Event is an effort to promote the recycling of used and other household hazardous waste. The next Household Hazardous Waste Collection Event is scheduled for September 13, 2014. (WEST) BUILDING & SAFETY Inspections: During the month of May, Building and Safety conducted 2,134 inspections. On average, there were 101.62 inspections per day, or 18.48 per inspector per day. Permits: During the month of May, Building and Safety issued 315 construction permits. Of these permits, 54 were dwelling units. Some of these permits included: Dwelling Units 54 Multi -family dwelling units for TriPointe Tenant Improvements Costco Fuel Additive Addition & Gas Station Expansion Temecula Parkway Corner Bakery Relentless Brewing Menchie's Frozen Yogurt Sunnyside Deli (Old Town) Temecula Center For Integrated Medicine CODE ENFORCEMENT During the month of May, Code Enforcement responded to 79 web complaints from constituents. In addition, the division opened 74 cases, 50 of which were residential and 24 were commercial. Code Enforcement also pulled 1,100 non -conforming signs in the community. Staff worked with the Temecula Police Department regarding 10 abandoned/ inoperative vehicles. The annual weed abatement program began in April and 63 warrants have been prepared and delivered to the Courthouse for forced abatement. Detailed Code Enforcement activity can be found in the following chart. May 2014 - Code Enforcement Cases TYPE OF CODE CASE RESIDENTIAL COMMERCIAL TYPE TOTAL Abandoned or Inoperable Vehicle 3 0 3 Vacant Home / Property Maintenance / Rodent infested 7 0 7 Business or Home Occupation w/o license 2 5 7 Abandoned Home / Vandalism 1 0 1 Trash and Debris / Parking lot maintenance 1 5 6 Overgrown Vegetation / Weeds / Fire Hazard 11 0 11 Green Pool / Vector Control 5 0 5 Graffiti 1 7 8 Noise 0 0 0 Trailer / RV Stored 0 0 0 Construction w/o Permit 4 3 8 Encroach Public ROW / Trash Cans 5 0 5 Other / Homeless Encampment 0 0 0 Other / Smoking Ordinance / Safety Issue 1 1 1 Other / Safety Issue - Pool no fence/gate 6 1 7 Other/Parking 2 0 2 Signs Pulled - Violations 1 2 3 TOTAL NUMBER OF CASES 74 Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, real estate owned properties, and properties in default in commercial and residential development. The following charts demonstrate the past six months of foreclosure tracking activities in Temecula. Residential Foreclosure Tracking Commercial Foreclosure Tracking December January February March April May 2013 2014 2014 2014 2014 2014 DEFAULT 110 92 101 107 121 118 FORECLOSED 100 94 94 84 64 71 REO 66 73 76 81 84 79 TOTALS 276 259 271 272 269 268 Commercial Foreclosure Tracking December January February March April May 2013 2014 2014 2014 2014 2014 DEFAULT 7 8 8 6 4 3 FORECLOSED 4 3 3 2 1 2 REO 21 21 25 30 26 27 TOTALS 43 32 33 38 31 32 Planning Agenda Report 5/1/2014 through 5/31/2014 1. Recently Approved • PA13-0207 Redhawk Residential Condo Map A Tentative Tract Map for condominium purposes for 76 detached residential units on 7.72 acres generally located at the southeast corner of Peach Tree Street and Deer Hollow Way. (Related Application: PA13-0206 - Development Plan) APN # 962020012 KENNY TAYLOR Submitted Date Approved Date Sep 3 2013 May 7 2014 • PA14-0085 Family Friendly Fun TUP APN # 921310018 JAMES ATKINS A family fun event and open house for Kids Dental Care located at 42210 Lyndie Lane, on Saturday June 14, 2014 between 11:00 a.m. and 4:00 p.m. Events include arts table, tumble bus, video game bus, and DJ. Submitted Date Approved Date Apr 16 2014 May 12 2014 APN # • PA14-0098 Promenade Mall Carnival TUP 910420030 JAMES ATKINS A Major Temporary Use Permit to authorize a carnival with rides, games and food at the Promenade Mall in the Macy's north parking lot from Thursday May 29 through Sunday June 1, 2014. Event times are from 5 p.m. to 10 p.m. on Thursday, 5 p.m. to 11 p.m. on Friday, 1 p.m. to 11 p.m. on Saturday, and 1 p.m. to 10 p.m. on Sunday. The event is located at 40820 Winchester Road. Submitted Date Approved Date May 1 2014 May 22 2014 • PA13-0206 Redhawk RDP APN # 962020012 KENNY TAYLOR A Development Plan application for Ashbrook Communities to construct 76 single family homes on a condominium lot consisting of three elevations and four floor plans ranging in size from 2,294 square feet to 2,542 square feet. The project is located in Tract 34715 of the Redhawk Specific Plan, generally located at the southeast corner of Peach Tree Street and Deer Hollow Way. (Related Application: PA13-0207 - Tentative Tract Map) Submitted Date Approved Date Sep 3 2013 May 7 2014 1 of 6 Planning Agenda Report 5/1/2014 through 5/31/2014 2. Scheduled for Hearing • PA14-0024 Highgate Senior Living APN # 944290026 ERIC JONES A Major Modification for the previously approved Highgate Senior Living facility to reduce the number of units from 94 to 84 and to revise the approved architecture at 42301 Moraga Road. Submitted Date Anticipated DRC Meeting Date Planning Commision Feb 5 2014 8/9/2012 Jun 4 2014 • PA12-0134 Arbor Vista HPR 919350017 MATTHEW PETERS A Residential Home Product review for 83 lots to be created with TTM 36479 (PA10-0133) for 4 floor plans ranging in size from approximately 2,700 to 3,500 square feet with three elevation types each including Craftsman, Spanish and Traditional. The project site is located at the southeast corner of Nicolas and Via Lobo Roads (APN 919-350- 017, -018, -019, -120) (Associated applications: PA12-0131, GPA; PA12-0132, Zone Change to PDO; and PA12- 0133, TTM 36479). Submitted Date Anticipated DRC Meeting Date Planning Commision Jul 12 2012 8/9/2012 May 21 2014 • PA12-0133 Arbor Vista TTM 36479 919350017 MATTHEW PETERS A Tentative Tract Map (No. 36479) to subdivide 73 acres into 83 single-family cluster lots. Minimum lot size for the residential lots is 5,500 square feet. Approximately 59% of the site will be preserved as permanent open space to preserve the existing drainage on-site. Access to the site will be provided from Nicolas and Via Lobo Roads. The project site is located at the southeast corner of Nicolas and Via Lobo Roads (APN 919-350-017, -018, -019, -120) (Associated applications: PA12-0131, GPA; PA12-0132, Zone Change to PDO; and PA12-0134, Home Product Submitted Date Anticipated DRC Meeting Date Planning Commision Jul 12 2012 8/9/2012 May 21 2014 • PA12-0132 Arbor Vista ZC to PDO 919350017 MATTHEW PETERS A Zoning Map and Text change from Very Low (VL) density residential to a Planned Development Overlay (PDO) based on the standards of the Low (L) density residential designation with provisions for a cluster development. The project site is located on 73 acres at the southeast corner of Nicolas and Via Lobo Roads (APN 919-350-017, -018, - 019, -120) (Associated applications: PA12-0131, GPA; PA12-0133, TTM 36479; and PA12-0134, Home Product Submitted Date Anticipated DRC Meeting Date Planning Commision Jul 12 2012 8/9/2012 May 21 2014 • PA12-0131 Arbor Vista GPA 919350017 MATTHEW PETERS A General Plan Land Use map change from Very Low (VL) density residential to Low (L) density residential. The project site is located on 73 acres at the southeast corner of Nicolas and Via Lobo Roads. (APN 919-350-017, -018, -019, -020) (Associated applications: PA12-0132, Zone Change to PDO; PA12-0133, TTM 36479; and PA12-0134, Home Product Review). Submitted Date Anticipated DRC Meeting Date Planning Commision 2 of 6 Planning Agenda Report 5/1/2014 through 5/31/2014 Jul 12 2012 8/9/2012 May 21 2014 3 of 6 Planning Agenda Report 5/1/2014 through 5/31/2014 New Submittals Pending DRC Meeting APN # 909310015 • PA14-0008 Diamond Hearts DP A Development Plan Application for three two-story industrial structures in a light industrial zone. Each structure totals 10,917 square feet and will be used for warehousing and processing. The project is located at 42236, 42260, and 42284 Winchester Road. JAMES ATKINS Submitted Date Anticipated DRC Meeting Date Hearing Planned Jan 16 2014 TBD APN # • PA14-0023 River Springs Charter School 921310017 KENNY TAYLOR A Minor Conditional Use Permit to allow River Springs Charter School to occupy an existing 27,500 square foot building for charter school educational services for adolescent students Kindergarten thru 8th grade at 4215 Lyndie Lane (Related Application: TUP PA14-0028). Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 5 2014 TBD APN # • PA14-0050 WolfCreek TTM 962010007 ERIC JONES A Tentative Tract Map (TTM No. 36675) for 174 residential condominium units located on the southeast corner of rkway and Wolf Valley Road Submitted Date Anticipated DRC Meeting Date Hearing Planned Mar 5 2014 May 2 2014 TBD TBD • PA14-0051 Roripaugh Ranch DDA 964180004 STUART FISK A modification to the Roripaugh Ranch Development Agreement to modify the timing of infrastructure improvements and building permit thresholds for the Roripaugh Ranch Specific Plan, generally located along the north and south sides of Murrieta Hot Springs Road and on the east and west sides of Butterfield Stage Road, surrounding the intersection of Murrieta Hot Springs Road and Butterfield Stage Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Mar 5 2014 TBD APN # • PA14-0099 Roripaugh Ranch DA 0M7 964460002 STUART FISK An Operating Memorandum (0M7) for the Roripaugh Ranch Specific Plan Development Agreement to document the terms and timing of development and City acceptance of the park in Planning Area 6 of the Roripaugh Ranch • PA14-0101 Vapor Hookah Lounge CUP 909240026 KENNY TAYLOR A Minor Conditional Use Permit to allow a Hookah store and lounge within an existing shopping center located at 27529 Jefferson Avenue. Submitted Date Anticipated DRC Meeting Date Hearing Planned May 92014 TBD 4 of 6 Submitted Date Anticipated DRC Meeting Date Hearing Planned May 2 2014 TBD • PA14-0101 Vapor Hookah Lounge CUP 909240026 KENNY TAYLOR A Minor Conditional Use Permit to allow a Hookah store and lounge within an existing shopping center located at 27529 Jefferson Avenue. Submitted Date Anticipated DRC Meeting Date Hearing Planned May 92014 TBD 4 of 6 Planning Agenda Report 5/1/2014 through 5/31/2014 APN # • PA14-0107 Temecula Medical Office Bldg 959050008 JAMES ATKINS A Development Plan for a 25,000 square foot medical office building on 2 acres located at 31775 De Portola Road. Generally located on the south side of De Portola Road, approximately 500 feet west of Margarita Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned May 19 2014 6/12/2014 TBD • PA14-0108 Wolf Creek DA amend 962010007 ERIC JONES A Development Agreement Amendment appplication for the existing Wolf Creek Development Agreement. The applicant is requesting to extend the expiration date for 10 years. Submitted Date Anticipated DRC Meeting Date Hearing Planned May 19 2014 TBD APN # • PA14-0110 Inland Vet Major TUP 960020048 KENNY TAYLOR A Major Temporary Use Permit to allow Pet Rescue Awareness/Adoption Days at the existing Inland Vet Supplies store located at 32785 Temecula Parkway. The events will be held on June 21st, September 20th, December 20th 2014, and March 20th, 2015 from 9 a.m. to 6 p.m. Submitted Date Anticipated DRC Meeting Date Hearing Planned May 21 2014 TBD • PA10-0213 Simms TTM APN # 945120001 ERIC JONES A Tentative Tract Map application to create 7 residential lots from 4 lots with lot size ranging from 2.66 acres to 3.62 net acres on vacant property generally located on the south side of Santiago Road, approximately 1,500 feet east of Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 14 2010 8/12/2010 TBD • PA13-0249 TCI Development Agreement 922220002 MATTHEW PETERS A Development Agreement application for the Temecula Creek Inn project, which includes a Specific Plan, General Plan Amendment, Tentative Tract Map and Development Plan to expand Temecula Creek Inn into a master -planned 18 -hole golf course resort and community on 305 acres located 44501 Rainbow Canyon Road. The Specific Plan proposes four Planning Areas: Planning Area 1 includes an expansion of the existing hotel by 99 rooms from 128 to 227 guest rooms (active adult option on 126 units) and the addition of a spa and banquet facilities totaling 153,837 square feet. Planning Areas 2-4 include a maximum 409 single family and mufti -family residential units ranging in size from 1,600 to 4,300 square feet. Related Cases PA08-0118, PA08-0119, PA08-0120, PA08-0121 (APNs 922- 220-002, 003• 00$• 031; and 922-230-002; 003; 004; 007; 008) • PA14-0111 Crossroads MajorTUP A Major Temporary Use Permit to allow Crossroads Church to conduct a car and motorcycle show fund raiser on Saturday June 21, from 9:00 a.m. to 1:00 p.m. at 26090 Ynez Road. 910110042 KENNY TAYLOR Submitted Date Anticipated DRC Meeting Date Hearing Planned 5 of 6 Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 22 2013 11/14/2013 TBD • PA14-0111 Crossroads MajorTUP A Major Temporary Use Permit to allow Crossroads Church to conduct a car and motorcycle show fund raiser on Saturday June 21, from 9:00 a.m. to 1:00 p.m. at 26090 Ynez Road. 910110042 KENNY TAYLOR Submitted Date Anticipated DRC Meeting Date Hearing Planned 5 of 6 Planning Agenda Report 5/1/2014 through 5/31/2014 May 23 2014 TBD • PA14-0118 TVEC Youth Dance Event TUP Planning Application PA14-0118, a Temporary Use Permit for a youth dance event begining on the evening of Saturday, June 28 at 5 p.m., and ending the morning of Sunday, June 29 at 2 a.m. The event site is located at 27345 Jefferson Avenue. 909270044 JAMES ATKINS Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 22014 TBD • PA14-0119 NEC Wedding Reception 1 APN # 909270044 JAMES ATKINS Planning Application PA14-0119, a Temporary Use Permit for a wedding reception to begin on the morning of Saturday, 21st at 10:00 a.m., and ending at 1:30 a.m. on the morning of Sunday, June 22nd at 1:30 a.m. The event site is located at 27345 Jefferson Avenue. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 22014 TBD • PA10-0348 Linfield TTM 36098 APN # 955020006 ERIC JONES A Tentative Map application (for conveyance purposes) to allow Linfield Christian School to create four additional parcels. Total parcels within the school property will equal eight. Parcels will range in size from 2.52 to 6.63 acres. The project site is located at 31950 Pauba Road. (Related Applications PA10-0349, Major Mod, and PA10-0347, PDO Amendment) Submitted Date Anticipated DRC Meeting Date Hearing Planned Dec 15 2010 TBD 6 of 6 -``-,PA14-0099 PA12-0132 PA12-0134 1. Recently Approved 2. Scheduled for Hearing 3. New Submittals Pending DRC Meeting Item No. 21 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, City Manager DATE: June 24, 2014 SUBJECT: City Council Travel/Conference Report — May 2014 PREPARED BY: Eva Pharis, Office Aide RECOMMENDATION: Receive and File On May 18, 2014 thru May 20, 2014 Council Member Chuck Washington traveled to Las Vegas, Nevada to attend the ICSC RECON (Retail Real Estate Convention). ATTACHMENTS: Meeting Agenda Where the Industry Meets RECOfl THE GLOBAL RETAIL REAL ESTATE CONVENTION 201a. MAY 18-20 LAS VEGAS, NV 32,000 ATTENDEES 1,000 EXHIBITORS 3 DAYS OF DEAL MAKING ALL AT THE LAS VEGAS CONVENTION CENTER ECSC ICSC PRELIMINARY PROGRAM RE THE GLOBAL RETAIL REAL ESTATE CONVENTION 9 Reasons to Attend RECon Reconnect with prosperity and profits at ICSC's RECon 2014! RECon is the world's largest retail real estate exhibition and conference and it is a must -attend event for shopping center industry executives, retailers, financial companies, and product and service suppliers. If you're in the shopping center industry, you can't afford not to attend RECon. When over 32,000 of the best and brightest in the industry come together, the opportunities are limitless. MAY 78-20, 2014 ALL AT THE LAS VEGAS CONVENTION CENTER 1 Leasing Mall Whether you're a shopping center owner looking to lease space in a new or existing shopping center or a retailer looking to expand into new markets, the Leasing Mall is the place where the deals get done! With over 900 of the world's largest shopping center development companies and retailers in attendance, the Leasing Mall is the most cost efficient means of doing business. You can visit with all the major com- panies in the industry and conduct a year's worth of business in just three days. New for RECon 2014, the Lower South Hall of the Leasing Mall will be moving to the North Hall to provide for a more energetic, uni- fied exhibit experience and will open on Sunday, May 18. Stop by Retailer Central and Retailer Square in the North Hall with a Networking Lounge and free WiFi. 2 Marketplace Mall The Marketplace Mall (formerly RECon's Trade Exposition) will feature over 300 product suppliers and service companies grouped together in one convenient location so that attendees can quickly and easily learn about the latest innovations that will improve their profitability. Whether you are looking for signage, shopping carts, or solutions on how to engage consumers through social media, you can get the information you need at the Marketplace Mall. 3 U.S. MAXI Awards The U.S. Shopping Center MAXI Awards, ICSC's mar- keting awards program, has been added to the RECon program in 2014! This exciting change will open the door for marketing professionals within the retail real estate industry to showcase their endeavors during ICSC's premier conference. The U.S. MAXI Awards honor innovative events, programs and technology that are vital to shopping center success. Designed to recognize the evolution of the industry, while reward- ing innovation and creativity, they are the premier marketing awards in the industry. 4 Cities of the World Pavilion Introduced at RECon in 2012, the Cities of the World Pavilion will feature cities and municipalities as well as government and non-profit organizations that are look- ing to attract retail real estate development to com- munities throughout the world. Located on the Leasing Mall floor, the Cities of the World Pavilion will allow attendees to quickly and conveniently learn about all the incentives, inducements and development oppor- tunities that exist in communities near and far. 5 Finance Pavilion The Finance Pavilion is one convenient stop for attendees to meet with financial companies, banks and lenders to discuss incentives and financing oppor- tunities that will make their development dreams come true. 6 Design Trends Exhibit Today's dreams and tomorrow's realities are featured at the Design Trends Exhibit as shopping center own- ers, developers, architects and designers display their vision and latest concepts. Prominently located in high traffic areas throughout the Convention Center, a Design Trends Exhibit is an ideal way to expand your presence and drive traffic to your Leasing Mall exhibit. 7 Educational Focus You spoke, we listened! New for RECon 2014, edu- cational content will be based on five major areas of focus: Retail, Leasing, Marketing, Capital Markets and Public/Private Partnerships. 8 ICSC Foundation Gala Dinner Kick off RECon at the ICSC Foundation Gala Dinner. A who's who of retail real estate, this is your best opportunity to give back while entertaining your clientele at the highest level networking event. Join us at this private engagement for a night of laughs and networking with the comedy of Howie Mandel. 9 Continuing Education Credits Don't miss out on RECon Academy providing in-depth educational classes on industry concepts. Register for RECon Academy and receive credits toward your ICSC continuing education. odk ECSC RE THE GLOBAL RETAIL REAL ESTATE CONVENTION 2014 Program -at -a -Glance Saturday, May 17 12:00 noon - 6:00 pm Sunday, May 18 8:00 am - 5:00 pm 10:00 am - 5:00 pm 10:30 am -12:00 noon 12:00 noon - 5:00 pm 1:00 - 4:00 pm 2:00 - 3:30 pm 4:00 - 5:00 pm 6:00 - 7:30 pm 6:00 - 9:30 pm 7:30 - 9:30 pm Monday, May 19 7:00 am - 5:00 pm 7:30 - 9:00 am 8:00 am - 5:00 pm 10:30 am -12:00 noon 11:00 am -12:00 noon 12:00 noon - 2:00 pm 2:00 - 3:30 pm 3:00 - 4:00 pm 3:30 - 5:00 pm 4:00 - 5:00 pm 4:00 - 5:30 pm Tuesday, May 20 6:30 am - 5:00 pm 7:00 - 8:30 am 8:00 am - 5:00 pm 10:00 -11:00 am 10:30 am -12:00 noon 12:00 noon - 2:00 pm 2:00 - 3:30 pm Registration Registration Marketplace Mall RECon Academy Leasing Mall Marketing Sessions RECon Academy Opening Keynote Presentation U.S. MAXI Awards ICSC Foundation Gala Dinner Opening Reception Registration Breakfast Hosted by CREW Leasing Mall and Marketplace Mall RECon Academy Concurrent Sessions Lunch and Keynote Presentation RECon Academy Concurrent Sessions Cities of the World Reception Concurrent Sessions RECon Academy Registration Meet the Trustees Breakfast Leasing Mall and Marketplace Mall Concurrent Sessions RECon Academy Lunch and Keynote Presentation RECon Academy 3 Ways to Stand Out in the Crowd: Exhibit, Sponsor, Advertise With over 32,000 attendees once again expected to pack the halls of the Las Vegas Convention Center, you will want to ensure that you optimize your ability to get your message out. ICSC has several exhibiting, sponsoring and advertising opportunities that can help you gain exposure before, during and after RECon. Marketplace Mall, conveniently located in the North Hall, will host over 300 exhibiting companies and is a high traffic destination. Exhibitors will be featured in sections that fall into specific categories including Technology Showcase, Green Zone and Specialty Leasing Showcase. In addition to these special sections, Marketplace Mall will be home to RECon registration, RECon 2013 was a great show for us. Thanks to the fact that everyone in the industry attends RECon, com- bined with a lot of prep work on our part to set up meetings in advance, we were busy with high qual- ity prospects the entire time. In fact, we decided to double the size of our booth for next year. The bottom line is that RECon is THE show for us." Joe Rando, President, Trade Area Systems ensuring every attendee will have the opportunity to see what's on display. And to help drive traffic to your exhibit, you will receive 10 complimentary passes that allow your customers access to Marketplace Mall free of charge. Consider one of the numerous Sponsorship Packages which provide unparalleled opportunities to put your company in front of 32,000+ attendees. Deals and networking don't just happen on the show floor, they happen after hours as well. The Opening Reception at the Encore Beach Club is an ideal venue to promote your company and brand awareness and generate new prospects. Additional Sponsorship Opportunities include, Marketplace Mall Continental Breakfast, WiFi Hotspots, Inter -Hall Golf Carts, ICSC Foundation Gala Dinner and U.S. MAXI Awards. Take advantage of a variety of Advertising Opportunities that will extend your reach. Advertising Opportunities include, RECon Program Directory, RECon News (RECon-centric version of Shopping Centers Today), Digital Ads or "You Are Here" Locator Billboards throughout the Convention Center, Shuttle Buses and Badge Mailer Inserts. Let ICSC help you promote your company or product at the retail real estate industry's premier event. For more information on exhibiting, sponsoring or advertising opportunities contact Rita Malek at +1 646 728 3539 or rmalek@icsc.org or visit www.icscrecon.org. Item No. 22 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: June 24, 2014 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file Public Works Department Monthly Report for Capital Improvement Projects, Maintenance Projects, and Land Development Projects. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT PROJECT NAME BRIEF DESCRIPTION TOTAL PROJECT COST ESTIMATED/CURRENT MILESTONES CAPITAL IMPROVEMENT PROJECTS Interstate -15 / State Route 79 South Ultimate Interchange, PW04-08 Construction of ramp system that will improve access to Interstate 15 from Temecula Parkway / State Route 79 South $50,778,033 • Project is fully funded • Plans are 95% complete • Anticipate construction will begin in August 2015 Library Parking - Phase II, PW13-09 Provide additional parking for library patrons, meetings, and special programs $2,330,400 • Currently in Design phase, based on approval of the agreement for consultant services with Hall & Foreman, Inc. by City Council on May 27, 2014 Pauba Road Sidewalks, PW13-08 Construction sidewalk along Pauba Road from just east of La Primavera to Ynez Road $488,400 • Anticipate Design phase will be complete by the end of June 2014 • Anticipate bidding electronically via the on- line bidding service, PlanetBids, in July 2014, pending environmental approval Senior Citizen Outdoor Fitness Lot, PW12-05 Design and development of an outdoor exercise area for mature adults located at the Margarita Community Park $89,800 • Anticipate posting an RFP for design services electronically via the on-line bidding service, PlanetBids, in July 2014 Special Needs Playground, PW12-02 Install play structure for youth and special needs kids at Margarita Park $1,362,150 • Groundbreaking Ceremony was held on June 5, 2014 • Construction began on June 16, 2014 Temecula Community Center Renovation, PW12-01 Renovate and upgrade the building to current building codes and standards $2,330,400 • Temecula Community Services District (TCSD) anticipates scheduling a Ribbon Cutting event in early July 2014 Temecula Park and Ride, PW06-09 Park and ride facility on Temecula Parkway at La Paz $2,464,093 • Anticipate bidding electronically via the on - line bidding service, PlanetBids, in March 2015 • Project is a Transportation Control Measure (TCM) and must be completed by December 31, 2015 Theater Remediation, PW12-04 Addresses design and construction deficiencies $3,857,558 • Will re -bid electronically via the on-line bidding service, PlanetBids, in Fall 2014 • Anticipate construction will begin in March 2015 YMCA Repair and Remediation, PW12-10 Remediate the old YMCA building and correct construction defects $1,537,500 • Anticipate bidding electronically via the on - line bidding service, PlanetBids, in September 2014 • Anticipate construction will begin in Winter 2014 6/24/14 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT PROJECT NAME BRIEF DESCRIPTION TOTAL PROJECT COST ESTIMATED / CURRENT MILESTONES MAINTENANCE PROJECTS Citywide Concrete Repairs (Street Maintenance) Remove and replace damage damaged and/or raised concrete at various locations throughout the City $479,500 • Estimated start date is August or September 2014 • Estimated completion date is December or January 2015 Community Recreation Center (CRC) Exterior Door Replacement (Facility Maintenance) Replace all exterior entry and exit doors, frames, closers, and panic hardware $81,000 • Start date is June 15, 2014 • Completion date is June 30, 2014 Daisen Garden Enhancement (Park Maintenance) Various improvements to the Japanese Garden at the Temecula Duck Pond, including a commemorative plaque, a Tori Gate, Kitsune (fox statues), concrete lanterns, bridge rails, bollards, hardscape, softscape, trees, and shrubs $120,000 • Began improvements in April 2014 • Completed improvements on May 15, 2014 Mary Phillips Senior Center Parking Lot Repair and Resurfacing (Facility Maintenance) Remove and replace damaged area; grind and overlay entire lot; and, restripe $61,300 • Start date is May 21, 2014 • Completion date is May 23, 2014 Ronald Reagan Sports Park / Temecula Park Parking Lot Repairs (Park Maintenance) Remove and replace damaged areas; grind and overlay; and, restripe $180,000 • Estimated start date is July 2014 • Estimated completion date is August September 2014 Citywide Slurry Project (Street Maintenance) Slurry seal, crack fill, and stripe various streets throughout the City $1,400,000 • Estimated start date is August 2014 • Estimated completion date is October 2014 Margarita Community Park Gazebo Relocation (Park Maintenance) Remove the gazebo and install at the Nicolas Road Park (displaced by the Special Need Playground project). $25,000 • Estimated start date is June 2014 • Estimated completion date is July 2014 6/24/14 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT PROJECT NAME BRIEF DESCRIPTION ESTIMATED/CURRENT MILESTONES LAND DEVELOPMENT PROJECTS Halcon Rojo (PA12-0226) Major Modification to allow a reduction in the number of buildings to two structures, located north of Temecula Parkway and approximately 400 feet east of Jedediah Smith Road • Currently in Construction • Right of Way improvements required • Grading and storm drain improvements are on - going • Temecula Parkway waterline crossing underway (night work) EDISON (Utility Project) Change out one Edison Vault located at Solana Way and west off Del Rey Road • Start date is May 2014 • Estimated completion date is May 2014 EDISON (Utility Project) Replace three Edison Poles located at Old Town Front Street south of First Street • Start date is May 2014 • Estimated completion date is June 2014 EMWD (Utility Project) Old Town Sewer Project located at Old Town Front Street and Moreno to First Street • Public Meeting held by RCWD for Old Town businesses • Scheduled for presentation at the Public/Traffic Safety Commission on June 26, 2014 EMWD (Utility Project) Wine Country Sewer at Butterfield Stage Road and Rancho California Road • Start date is June 1, 2014 • Completion date is June 15, 2014 RCWD (Utility Project) Bore pits at Diaz Road and Alvarado for new forced main • Start date is May 2014 • Estimated completion date is June 2014 RCWD (Utility Project) Repeater Antennas for meter reading at ten locations throughout the City • Start date is May 2014 • Estimated completion date is August 2014 6/24/14 Item No. 23 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jeffrey Kubel, Chief of Police DATE: June 24, 2014 SUBJECT: Police Department Monthly Report PREPARED BY: Will Edwards, Sergeant RECOMMENDATION: Receive and file. The following report reflects the activity of the Temecula Police Department for the month of May 2014. PATROL SERVICES Overall calls for police service 3,041 "Priority One" calls for service 60 Average response time for "Priority One" calls 5.80 Minutes VOLUNTEERS Volunteer administration hours 196 Special Events hours 199 Community Action Patrol (CAP) hours 896 Reserve officer hours (patrol) 80 Training hours 56 Total Volunteer hours 1328 CRIME PREVENTION Crime prevention workshops /Neighborhood watch meetings conducted 7/6 Residential/Business security surveys conducted 4/4 Businesses visited 5 Residences/Businesses visited for past crime follow-up 0/11 Station Tour 2 Planning Review Projects/Temp Outdoor Use Permits 3/8 Square Footage of Graffiti Removed 2,235 OLD TOWN STOREFRONT Total customers served 258 Sets of fingerprints taken 70 Police reports filed 7 Citations signed off 42 Car Seat Inspections 0 Total receipts $2,893.00 SPECIAL TEAMS (POP / SET) On sight felony arrests 12 On sight misdemeanor arrests 19 Felony arrest warrants served 7 Misdemeanor arrest warrants served 2 Follow-up investigations 7 Parole/Probation Searches 0/5 Pedestrian Checks 41 Traffic Stops/Vehicle Checks 33 Crime Free Housing Checks 50 TRAFFIC Citations issued for hazardous violations 1032 Grant funded D.U.I. / Traffic safety checkpoints 0 Grant funded traffic click it or ticket 0 D.U.I. Arrests 27 Non -hazardous citations 401 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 73 Neighborhood Enforcement Team (N.E.T.) citations 164 Parking citations 152 School Zone 114 Seatbelts 31 Cell Phone Cites 179 Injury collisions 32 INVESTIGATIONS Beginning Caseload 229 Total Cases Assigned 72 Total Cases Closed 86 Search Warrants Served 16 Arrests 9 PROMENADE MALL TEAM Calls for service 650 Felony arrest/filings 1 Misdemeanor arrest/filings 22 Traffic Citations 10 Fingerprints/Livescans 167 Total receipts $8,843.00 SCHOOL RESOURCE OFFICERS Felony arrests 0 Misdemeanor arrests 6 Reports 24 Youth counseled 179 Meetings 80 REQUESTS TO SPEAK REQUEST TO SPEAK CITY OF TEMECULA Date: - -T ac) / `t' I wish to speak on: Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Subject:7'k cw. l� tJ�l9 t,t, 'C °% `IDC Agenda Item No For [ Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name:��5� Address: ( Phone Number: If you are representing an organizationnor group, please give the name: ! X11 r yI„ B Q- %1:1- CA Please note that all information presented at a City Coun it meeting becomes public record. All information provided is optional. I wish Ito speak on: N Public Comment CITY COUNCI Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: / CSD / SARDA /THA / TPFA Circle One) Agenda Item No. For 1 Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: LOU (Se- Ivo [f\l TE Address:, } Phone Number: — ( If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: I wish to speak on: Public Comm t CITY COUNCIL CSD / SARDA /THA / TPFA (Circle One r+ e S--, U c -)(b4A w / itAG Subject: Agenda Item No. For Against /3 Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: Chaj Mot6 If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: REQUEST TO SPEAK CITY OF TEMECULA Date: 6 %2y/ l y a Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) i"t) n n Subject: UM/le55 ROOK C Wdt ( 4e, cove Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: ( �� K�u�� Y04>>' Ft Address: If you are representing an organization or group, please give the name: yoL,/ ft - C.♦% - Gfe ghl7 /SPrre(AS CO(' Utarr#iGs Phone Number: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: I wish to sp k on: Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Subject: Agenda Item No. _ For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium an to y ur name for the record. Name: Address: Phone Number: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: I wish to speak on: E. Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Subject: Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: C-Ci,CJ"i_, / Address: Phone Number: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: I wish to speak blic Comment CITY COUNCIL CSD / SARDA /THA / TPFA (Circle e) Subject: z - ( Agenda Item No. For N/ J Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: DO v 6-- if3 lc_ Address: Phone Number: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment CITY COUNCIL / S SD / SARDA /THA / TPFA (Circle One) Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. 7/1Name: / /1 J Address: Phone Number: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: Subject: Public Comm REQUEST TO SPEAK CITY OF TEMECULA Date: COUNCIL / CSD / SARDA /THA / TPFA (Circle One) 17p ,j C, : 7DA) pt a// 5.01 4- 70 G.; vI Agenda Item No. 2. / For Against 7. Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state ypur name for the record. Address: / If you are representing an organization or group, please give the name: Name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk rior to the City Council address'n hat item. The City Clerk will call your name when the matter comes up. Please go to the podium and,our name or th,ecord. Name: Address: Phone Number: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional.