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HomeMy WebLinkAbout051391 PRC AgendaAGENDA TEMECULA PARKS AND RECREATION COMMISSION REGULAR MEETING TO BE HELD A T RANCHO ELEMENTARY SCHOOL MAY 13, 1991 7:00 P.M. CALL TO ORDER: Flag Salute Chairperson Kirby ROLL CALL: Brode, Harker, Hillin, Kirby, Nimeshein PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item not listed on the Agenda, a green "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name and address. For all other agenda items, a "Request to Speak" form must be filed with the Parks and Recreation Secretary before the item is addressed by the Commission. There is a three (3) minute time limit for individual speakers. PR/AGENDA/051391 1 05/O7/91 COMMISSION BUSINESS 1. Apf~roval of Minutes - April 8, 1991 RECOMMENDATION: 1.1 Approve minutes of April 8, 1991 Parks and Recreation Commission meeting as submitted. 2. TCSD Cal~ital Improvement Plan (CIP) DISCUSSION: 2. 1 Discuss Capital Improvement Plan (CIP) for FY 1991-92. 3. TCSD FY 1991-92 Budget DISCUSSION: 3. 1 Discuss TCSD FY 1991-92 Budget. 4. Community Services Conference - League of California Cities - April 24-26, 1991 DISCUSSION: 4. 1 Discuss various topics presented at the Community Services Conference. 5. Capital Projects Status Report DISCUSSION: 5. 1 Discuss status of current TCSD Captital Projects. 6. Concession Operations at Sports Park RECOMMENDATION: 6. 1 Discuss various concession options at Sports Park. COMMUNITY SERVICES DIRECTOR REPORT PR/AGENDA/051391 2 05/07/91 PARKS AND RECREATION COMMISSION REPORTS ADJOURNMENT Next regular meeting, June 10, 1991, 7:00 p.m., at Rancho Elementary School, 31530 La Serena Way, Temecula, California, 92390. PR/AGENDA/051391 3 O5/o7/91 ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE PARKS AND RECREATION COMMISSION OF THE CITY OF TEMECULA APRIL 8, 1991 A regular meeting of the Temecula Parks and Recreation Commission was called to order by Commissioner Kirby at Rancho Elementary School, 31530 La Serena Way, Temecula, California, 92390, at 7:00 P.M. PRESENT: 4 COMMISSIONERS: ABSENT: 1 COMMISSIONERS: Brode, Hillin, Kirby, Nimeshein Harker Also present were Community Services Director Shawn Nelson, and Administrative Secretary Kathleen Hughes. The pledge of allegiance was led by Chairman Kirby. Mayor Pro Tem Pat Birdsall submitted a request to speak form. She stated that she has been appointed as the Liaison to the Parks and Recreation Commission by the Board of Directors, and that she would be available to discuss any items that the Commission would like the Board of Directors to consider. Mayor Pro Tern Birdsall also discussed the upcoming League of California Cities, Community Services Department. COMMISSION BUSINESS 1. APPROVAL OF THE MINUTES OF MARCH 11. 1991 1.1 Recommendation to approve the minutes of March 11, 1991. COMMISSIONER HILLIN moved to approve the minutes of March 11, 1991, seconded by COMMISSIONER BRODE. AYES: 4 COMMISSIONERS: Brode, Hillin, Kirby, Nimeshein ABSENT: 1 COMMISSIONER: Harker NOES: 0 COMMISSIONERS: None TCSD DIVISION REPORT 2.1 Discuss current operations and responsibilities of each TCSD Division: Recreation, and Park Planning and Development. Parks, PRMIN04/08/91 - 1 - 03/20/91 SHAWN NELSON introduced Tad Garrety, Maintenance Superintendent, Gary King, Park Development Coordinator, and Herman Parker, Recreation Superintendent, and each Division Head gave a brief report of the projects and activities they are working on, including future goals for each Division. Clerical Staff was introduced by Kathleen Hughes. LONG VALLEY WASH 3.1 Discuss current status of Long Valley Wash. SHAWN NELSON made brief statement regarding the status of the Long Valley Wash project. He stated that the plant material had been dredged and the crew will be clearing and hauling off the dirt. Mr. Nelson stated that the deadline for the clearing of Long Valley Wash is May 14, or the City will not maintain the Wash. TCSD LAND ACOUISITION STATUS REPORT 4.1 Discuss current status of land acquisitions and make possible recommendations. SHAWN NELSON provided a staff report on the "Rawhide" park site land acquisition located at north of Pala Road, west of the Murdy Ranch, consisting of approximately 24 acres. Eighteen acres of the park site can be developed for recreation activities and athletic events. Negotiations have resulted in a low price of approximately $65,000.00 for this land acquisition. Mr. Nelson also briefed the Commission on other land acquisition prospects, and on status of some neighborhood parks. COMMISSIONER BRODE made a motion that the Parks and Recreation Commission recommend to the Board of Directors to approve the acquisition of the 23.52 acres of park land north of Pala Road, seconded by COMMISSIONER HILLIN. AYES: 4 COMMISSIONERS: Brode, Hillin, Kirby, Nimeshein ABSENT: 1 COMMISSIONER: Harker NOES: 0 COMMISSIONERS: None NAMING POLICY FOR TCSD PARK SITES 5.1 Discuss, approve, and recommend to the Board of Directors to approve the TCSD Naming Policy for Park Sites. PRMIN04/08/91 -2- 03/20/91 SHAWN NELSON asked for the Commissioners input and review of the policy. He stated that Staffs recommends to have the policy adopted including any input or changes the Commission may desire. COMMISSIONER BRODE made a motion that the Commission recommend to the Board of Directors to approve the TCSD Naming Policy for Park Sites, seconded by COMMISSIONER HILLIN. 5.2 AYES: 4 COMMISSIONERS: Brode, Hillin, Kirby, Nimeshein ABSENT: 1 COMMISSIONER: Harker NOES: 0 COMMISSIONERS: None Recommend to the Board of Directors the official name of the park site on La Serena Way. Discussion followed regarding recommendations for naming the park site on La Serena Way. COMMISSIONER BRODE made a motion that the Commission recommend to the Board of Directors that the site be named La Serena Way Park, and that a large plaque be installed to commemorate the American soldiers of Desert Shield, seconded by COMMISSIONER HILLIN. AYES: 4 COMMISSIONERS: Brode, Hillin, Kirby, Nimeshein ABSENT: 1 COMMISSIONER: Harker NOES: 0 COMMISSIONER: None LONG TERM CAPITAL IMPROVEMENT PLAN 6.1 Discuss possible options for capital development projects. SHAWN NELSON provided a report, and asked for the Commission's input or suggestions on their priorities on the upcoming park planning for the City of Temecula. After considerable discussion, the Commission decided on the following projects for future consideration. 1. Acquisition and development of community and neighborhood parks. Development of recreation facilities i.e. Community Recreation Center, recreation class rooms, group picnic areas, indoor soccer, softball complex, baseball complex, amphitheater, community pool, tennis courts, basketball courts, and lake facility. 3. Senior center PRMI N04/08/91 -3- 03/20/91 5. 6. 7. Multi-use trails i.e. bike paths, equestrian, walking/jogging paths, nature trails. Sport Park improvements including additional parking. Camping facilities. Municipal golf course. Based on this input, Staff, will attempt to include these items for future Capital Project consideration. COMMUNITY SERVICES DIRECTOR REPORT SHAWN NELSON provided an update on the following items: * TCSD Newsletter. * April City Council Agendas. Sam Hicks Monument Park Curb and Gutter Project Easement Deeds for various slopes and Grant Deeds for two mini-park sites Approval of extra-help for Recreation Positions "Rawhide" park site land acquisition Master Plan Technical Sub-Committee * Development of the Master Plan PARKS AND RECREATION COMMISSION REPORTS COMMISSIONER BRODE stated that she would like to thank Mr. Nelson for following up on the Long Valley Wash project. P R M I N04/08/91 -4- 03/20/91 ADJOURNMENT CHAIRPERSON BRODE moved to adjourn the meeting at 8:55 p.m., seconded by COMMISSIONER NIMESHEIN, and carried unanimously. Next scheduled meeting of the Temecula Parks and Recreation Commission will be held on Monday, May 13, 1991, 7:00 p.m., at Rancho Elementary School, 31530 La Serena Way, Temecula. Chairman, Michael Kirby Commission Secretary, Shawn D. Nelson PRMIN04/08/91 -5- 03/20/91 ITEM NO. 2 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT.' PARKS AND RECREATION COMMISSION SHAWN D. NELSON MAY 13, 1991 TCSD CAPITAL IMPROVEMENT PLAN - FY 1991-92 DISCUSSION: On April 8, 1991, the Parks and Recreation Commission developed a list of proposed Capital Improvement Projects (CIP) to pursue in the future for the benefit of the City of Temecula. The projects submitted by the Parks and Recreation Commission included: 1. Acquisition and development of community and neighborhood parks. 2. Development of recreation facilities i.e. Community Recreation Center, recreation class rooms, group picnic areas, indoor soccer, softball complex, baseball complex, amphitheater, community pool, tennis courts, basketball courts, and lake facility. 3. Senior center. 4. Multi-use trails i.e. bike paths, equestrian, walking/jogging paths, nature trails. 5. Sport Park improvements including additional parking. 6. Camping facilities. 7. Municipal golf course. Based on this input, staff presented three (3) capital improvement options to the Board of Directors on May 7, 1991 for consideration for the FY 1991-92 budget. As a result of this meeting, the Board of Directors continued this item until May 28, 1991 to give staff an opportunity to prepare a Capital Improvement Plan that includes the Community Recreation Center (CRC) for budget inclusion for FY 1991-92. I have enclosed a copy of the agenda item presented to the Board of Directors for your review. APPROVAL CITY ATTORNE~~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDII REPORT TO: FROM: DATE: SUBJEC~ BOARD OF DIRECTORS DAVID F. DIXON MAY 7, 1991 TEMECULA COMMUNITY SERVICES DISTRICT CAPITAL IMPROVEMENT PLAN - FY 1991-92 PREPARED B~ SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDATION: That the Board of Directors: Discuss and if desired, approve a Parks and Recreation Capital Improvement Plan (CIP) for FY 1991-92. FISCAL IMPACT.' Contingent upon desired projects (see handout). DISCUSSION: The Temecula Community Services District (TCSD) is in the process of formulating a Parks and Recreation Master Plan to address the future parks, recreation and facility needs for the next twenty (20) years in the City of Temecula. It is estimated that the master plan will be completed the first part of calendar year 1992. With FY 1991-92 beginning July 1, staff has developed three (3) possible capital improvement options for consideration on an interim basis until the master plan is completed. The capital improvement options include a reserve fund, issuance costs, capitalized interest, and operation and maintenance costs. The Parks and Recreation Commission discussed possible capital improvement options at the April 8, 1991 meeting. Of the several options mentioned by the Commission, the main emphasis was placed on the acquisition and development of community and neighborhood parks and the development of the Community Recreation Center (CRC). Hence, staff has attempted to develop possible options that will address concerns raised by the Board of Directors, the Parks and Recreation Commission, and the general public. Plan A consists of the development of a twenty-three (23) acre community park (Kingsway) north of Pala Road; construction of the Community Recreation Center (CRC) and Amphitheater; development of additional parking at Sports Park; and the construction of a twenty-five (25) meter community pool with a one hundred seventy- five foot (175') water slide. Plan B consists of the development of Kingsway; acquisition and development of two (2) neighborhood parks, and construction of additional parking at Sports Park. Plan C consists of construction of the CRC and Amphitheater; development of additional parking at Sports Park; and the acquisition and development of two (2) neighborhood parks. Enclosed are copies of the development and financing costs, the financing alternatives, and the estimated assessments associated with each CIP option. All costs are staff's estimate of the costs of design and construction. These costs are not based on firm construction estimates as this work has not been completed. The options listed are provided for the discussion and review of the Board of Directors. Any of these options may be revised, consolidated, or other alternative projects may be substituted at the pleasure of the Board. TEMECULA COMMUNITY SERVICES DISTRICT FY 1991-92 I. Proposed CIP Options A. Plan A 1. Development of Kingsway 2. Development of CRC/Amphitheater 3. Sports Park Parking 4. Community Pool w/water slide Sub Total Issuance (4%) Capitalized Interest Reserve Fund (10%) TOTAL B. Plan B 1. Development of Kingsway 2. Acquire & develop neighborhood parks 3. Sports Park Parking Sub Total Issuance (4%) Capitalized Interest Reserve Fund (10%) TOTAL C. Plan C 1. Development of CRC/Amphitheater 2. Sports Park Parking 3o Development of neighborhood parks Sub Total Issuance cost (4%) Capitalized interest Reserve Fund (10%) $2,300,000.00 3,500,000.00 500,000,00 750,000.00 7,050,000.00 240,000,00 282,000.00 600,000.00 ;~8, 172,000. O0 $2,300,000.00 1,200,000.00 500,000.00 4,000,000.00 160,000.00 188,000.00 400,000.00 ~4,748,000.00 $3,500,000.00 500,000.00 1,200,000.00 5,200,000.00 208,000.00 244,400.00 520,000.00 TOTAL $6, 172,400.00 Temecula Community Services District Financing Alternatives Financina Plan A Plan B Plan C Estimated Project Cost $7,050,000 $4,000,000 $5,200,000 Estimated Financing Cost 1,122,000 748,000 972,400 Sub Total 8, 172,000 4,748,000 6, 172,400 Less Mello Roos (2,000,000) 0 (2,000,000) TO T,4L 6, 172,000 4,748,000 4, 172,400 Estimated Annual Debt Service Estimated Operation & Maintenance 532,168 414,312 350,568 224,000 170,000 114,000 Total Annual $ 756,168 $ 584,312 $ 464,568 Costs Temecula Community Service District Estimated Assessment Calculations FY 1991-92 Land Use Single Family Multi-Family Vacant Residential Agricultural Commercial Irapry. Commercial Vac. Current Plan A Pli~n B Plan C 33.40 49.43 45.76 43.42 25.05 37.07 34.32 32.57 66.80* 98.86* 91.52' 86.84* 16.70' 24.72* 22.88* 21.71' 200.40* 296.58* 274.56* 260.52* 133.60' 197.72' 183.04' 173.68' * Per Acre. ITEM NO. 3 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT.' PARKS AND RECREATION COMMISSION SHAWN D. NELSON MAY 13, 1991 FY 1991-92 TCSD BUDGET DISCUSSION: The FY 1991-92 TCSD Operating Budget was continued by the Board of Directors to May 28, 1991. A public hearing is set with the Board of Directors on July 9, 1991 to adopt the budget for FY 1991-92. The TCSD is divided into four (4) budgets: (1) Community Services, (2) Zone A (Arterial Street Lights, Medians, and Traffic Signals), (3) Zone B (Interior Street Lights) and (4) Zone C (Slope Maintenance). The revised zones were created to develop a fair and equitable assessment based on benefit to property owners, The major changes to the budget include additional personnel for zone administration, project employment for recreation programs, maintenance and operation costs, and installation of lights for eight (8) tennis courts at Temecula Valley High School, Enclosed is a copy of the TCSD Proposed FY 1991-92 Budget for your review. N N 0 0 0 BUDGET NARRATIVE Department: Program: Description: Goals: Key Operations: Temecula Community Services District Community Services The Temecula Community Services District (TCSD) is responsible for providing three (3) primary functions: (a) recreation services, (b) park planning and development, and (c) landscape services. The TCSD is governed by the Board of Directors (City Council), who develops policy as it relates to programs, services, and capital development. Provide a comprehensive, balanced recreation program that meets the needs of all age groups and interests within the community. Expand recreation opportunities through the acquisition and development of new park facilities and the rehabilitation of existing facilities. Develop proactive maintenance procedures to parks, slopes, medians, and streetlights to provide a safe, attractive environment for community recreation and enjoyment. Recruit, hire, and train recreation personnel that will provide a wide variety of recreational opportunities and pursuits. Develop a comprehensive financing package to include the acquisition of park land and the development of recreation facilities. Implement a Standard of Care Safety Inspection Program to systematically inspect and document park facilities and equipment, as well as contract private landscape companies to administer cost effective maintenance Services, Department - Community Services 019-190 Department/Title/ Account Monthly Salary .............. Number of Number of Minimum Maximum Average Positions Months (Actual) Nelson King Harrington Garrety Parker CSD Director 4,757 1.00 Park Development Coordinator 3,424 1.00 Senior Maintenance Worker 1,926 1.00 Landscape Dev. Assistant 1,926 1.00 Maint. Superintend 3,331 1.00 Landscape Supervisor 2,200 1.00 Maint. Worker 1,667 2,076 1,667 2.00 Rec. Superintendent 3,164 1.00 Recreation Ldr/Asst 1,424 1,774 1,424 1.00 Recreation Ldr/Asst 1,424 1,774 1,424 1.00 Volunteer Coord. 1,303 1,624 1,303 1.00 Admin. Secretary 1,900 1.00 Office Assistant 1,303 1,624 1,303 2.00 Office Assistant 1,303 1,624 1,303 1.00 16.00 Step Increase Est. @.075% 3 Positions @6mos 13 Positions @12mos Sub Total Est. Step Increase FY 1992 Acc 12 $ 57,084 12 41,088 12 23,112 12 23,112 12 39,972 12 26,400 12 40,008 12 37,968 12 17,088 12 17,088 12 15,636 12 22,800 12 31,272 12 15,636 408,264 2,444 25,734 28,178 Total 436,442 Travel Department - community Services 019-190 Conference/Education Approx. Cost Number FY 1992 League of California Cities Community Services Conference California Parks & Recreation Society 1,000 1,000 1,000 2 $ 3 2,000 3,000 3,000 City of Temecula Staffing Changes - Budget Request Department: Account: Budget Request: Item/Description: Landscape Supervisor Landscape Assistant Temecula Community Services District 019-193-5100 $49,512.00 26,400,00 23,112.00 Justification No monies were budgeted for the administration of the slope maintenance and streetlighting zones within the City of Temecula. It is imperative to properly staff these services to effectively serve the public. The Landscape Supervisor will be responsible for slope inspections, irrigation plan reviews, drought tolerant plant requirements, and development of landscape standards. The Landscape Analyst will be responsible for processing slope dedications which include easement deeds, applications, and Development Review Committee (DRC) reviews. City of Temecula Staffing Changes - Budget Request Department: Account: Budget Request: Item/Description: Office Assistant Temecuia Community Services District #019-191/192-5100 $15,636.00 15,636.00 Justification No monies were budgeted in FY 1990-91 for administration of the streetlighting zones. The Office Assistant will be responsible to verify streetlighting utility bills, report inoperable streetlights, process zone applications, and related duties. 40% of salary costs will be charged to Zone B (Arterial Streetlights) and 60% will be charged to Zone C (Interior Streetlights). City of Temecula Significant Expenditure Budget Request Department: Temecula Community Services District Account' #190-5212 Budget Request: ~60,000.00 Item/Description: Carpentry, Masonry, Electrical Irrigation Equipment Landscape Materials and supplies Vandalism and repairs 15,000.00 15,000.00 10,000.00 20,000.00 Justification It is necessary to perform various improvements to parks and slope areas to enhance safety to community members, as well as promote recreation participation. Further, vandalism and required repairs need to be completed expediently to ensure a high level of safety. City of Temecula Significant Expenditure Budget Request Department: Temecula Community Services District Account: #190-5222 Budget Request: $35,000.00 Item/Description: Recreation Brochure (two publications) Recreation Fliers Master Plan Documents Specifications 20,000.00 3,500.00 7,500.00 4,000.00 Justification The TCSD will produce two (2) city-wide recreation brochures that will be bulk mailed to all residents of Temecula. Recreation fliers will be used for special event announcements and recreation activities. Printing costs will be incurred for the Parks and Recreation Master Plan Documents and for the development of bound specifications for formal public works projects. City of Temecula Significant Expenditure Budget Request Department: Temecula Community Services District Account: #190-5226 Budget Request: ~1,500.00 Item/Description: CPRS 650.00 SCMAF i00.00 SC Pool Operators 50.00 NRPA 400.00 League of Cities 300.00 Justification Memberships are required for conference attendance, resource information, and recreation and maintenance publications. This adds to the continued growth and development of departmental staff. City of Temecula Significant Expenditure Budget Request Department: Account: Budget Request: item/Description: Publications for TCSD divisions Temecula Community Services District #190-5228 $2,000.00 2,000.00 Justification Required publications include Subdivision Map Act, Means Construction Cost Data, Means Site Work Cost Data, Park Planning Guidelines, National Recreation and Parks Association Publications, Technical Data Bulletins, and various subscriptions. City of Temecula Significant Expenditure Budget Request Department: Temecula Community Services District Account: #190-5230 Budget Request: $6,000.00 Item/Description: Bulk postage for rec brochures misc. postage 5,500.00 500.00 Justification Increase due to the distribution of the city-wide recreation brochures. City of Temecula Significant Expenditure Budget Request Department: Account: Budget Request: Item/Description: Commission meetings Temecula Community Services District #190-5234 92,000.00 2,000.00 Justification No monies were budgeted FY 1990-91 for rental costs to use the Rancho Vista Elementary School's Multi-Purpose Room for Parks and Recreation Commission Meetings. City of Temecula Significant Expenditure Budget Request Department: Temecula Community Services District Account: #190-5238 Budget Request: 910,000.00 Item/Description: Dump truck rental Misc. rental equip- ment 5,000.00 5,000.00 Justification Rental equipment is necessary to perform moving, compacting, and other required maintenance procedures to park and slope areas. City of Temecula Significant Expenditure Budget Request Department: Temecula Community Services District Account: #190-5240 Budget Request: 975,000.00 Item/Description: Electricity Water Trash 30,000.00 40,000.00 5,000.00 Justification Electricity costs will be incurred for ballfield lights and irrigation clocks. trash refuge costs are associated with the various park sites. Water and City of Temecula Significant Expenditure Budget Request Department: Temecula Community Services District Account: #190-5242 Budget Request: 2,000.00 Item/Description: Maintenance tools Recreation tools 8,000.00 4,000.00 Justification Various small tools are required in the performance of recreation and maintenance procedures. City of Temecula Significant Expenditure Budget Request Department: Temecula Community Services District Account: #190-5243 Budget Request: $2,000.00 Item/Description: Staff Clothing i.e. staff shirts, aqua- tic uniforms, caps, etc. 2,000.00 Justification Staff shirts and various clothing supplies are requested to better inform the public as concerning TCSD personnel, as well as projecting a professional image. This will assist the public in identifying staff for information or emergency situations. City of Temecula Significant Expenditure Budget Request Department: Account: Budget Request: Item/Description: Park signs Temecula Community Services District #190-5244 $3,000,00 3,000.00 Justification Park signs are required for new parks, as well as posting rules and regulations. City of Temecula Significant Expenditure Budget Request Department: Account: Budget Request: Ite m/Descri ption: City Attorney Services Temecula Community Services District #190-5246 810,000.00 10,000.00 Justification Due to the extensive amount of contract agreements and dedication documents generated by the TCSD, it is recommended to obtain additional services from the City Attorney when necessary. This will assist in expediting various contractual and professional services. City of Temecula Significant Expenditure Budget Request Department: Temecula Community Services District Account: #190-5250 Budget Request: $140,000.00 Item/Description: Park Maintenance Services to Sports Park, Sam Hicks Mon- ument Park, and park site on La Serena Way. Additional maintenance services 120,000.00 20,000.00 Justification Contractual landscape maintenance services for Sports Park, Sam Hicks Monument Park, and the park site on La Serena Way are provided at a cost of approximately ~10,000.00 per month. This also includes a 10% contingency for irrigation repairs. The remaining $20,000.00 will be available for various park improvements. City of Temecula Significant Expenditure Budget Request Department: Temecula Community Services District Account: #190-5254 Budget Request: $5,000.00 Item/Description: Classified Adds Paid Adds for recreation activities Public Notices 2,500.00 1,000.00 1,500.00 Justification Classified advertisements are required for recruitment of maintenance, recreation, and extra-help personnel. Paid advertisements will assist in publicizing various recreation programs and special events. Public notices are required for construction projects. City of Temecula Significant Expenditure Budget Request Department: Temecula Community Services District Account: #190-5262 Budget Request: ,2,000.00 Item/Description: Mileage reimburse- ment for private vehicle usage. 2,000.00 Justification Private vehicle usage is periodically required for TCSD operations. City of Temecula Significant Expenditure Budget Request Department: Temecula Community Services District Account: #190-5263 Budget Request: ~3,000.00 Item/Description: Gasoline for TCSD vehicles 3,000.00 Justification No monies were budgeted in FY 1990-91 for gasoline for TCSD vehicles. The TCSD will have four (4) vehicles to maintain and service. City of Temecula Significant Expenditure Budget Request Department: Temecula Community Services District Account: #190-5300 Budget Request: $15,O00.00 Item/Description: Sports Supplies Aquatics Supplies After-School Program Special Event Supplies 3,000.00 3,000.00 6,000.00 3,000.00 Justification: It is necessary to order start up supplies for various recreation programs and events. No monies were budgeted for recreation supplies in last year's budget. Supplies will include arts and crafts, sports equipment, and other required supplies. City of Temecula Significant Expenditure Budget Request Department: Account: Budget Request: Item/Description: Drafting Table Plan Filing Cabinets Temecula Community Services District #190-5602 ~5,000.00 1,000.00 4,000.00 Justification Drafting table is necessary to review plans, specification, and maps. Plan filing cabinet is required to store TCSD park plans, irrigation plans, and construction documents. City of Temecula Significant Expenditure Budget Request Department: Account: Budget Request: Item/Description: Passenger Van Temecula Community Services District #190-5608 $15,000.00 15,000.00 Justification A passenger van will allow the TCSD to offer special events and excursions to community members. The City's van will be transferred to the TCSD at purchase price less depreciation. City of Temecula Significant Expenditure Budget Request Department: Temecula Community Services District Account: #190-5610 Budget Request: $34,000.00 Item/Description: Bleachers Recreation Equipment Backhoe Trencher 10,000.00 9,000.00 10,000.00 5,000.00 Justification Bleachers are required for public usage at the upper south soccer field, as well as various school sites with joint-use agreements. Recreation equipment includes portable P.A. system, canopies for concerts and festivals, tables and chairs, and a folding stage platform. Backhoe is required for irrigation breaks, drainage clearing, and various earth work. Trencher will be used to add irrigation lines and conduit. City of Temecula Significant Expenditure Budget Request Department: Temecula Community Services District Account: #190-5802 Budget Request: $25,000.00 Item/Description: Tennis court plans and specifications 25,000.00 Justification Plans and specifications are required to advertise formal bids and complete the tennis court project. City of Temecula Significant Expenditure Budget Request Department: Account: Budget Request: Item/Description: Tennis court lights 225,000.00 eight (8) courts Temecula Community Services District #190-5804 $225,000.00 Justification Currently, there are no public tennis courts available to community members. Temecula Valley High School will construct eight (8) tennis courts by September, 1991. The TCSD will enter in a joint-use agreement with the high school for after- school, evening, and weekend usage. City of Temecula Contractual Budget Request Department: Temecula Community Services District Program: Park Planning and Development/Assessment Engineering Contracted Service: Annual maintenance of software program for TCSD assessments, J ustificatio n: Muni Financial Services (MFS) will assist or repair any problems as it relates to the assessment software program, as well as provide updates to the software. Also, MFS will provide any new information as it relates to State law. Annual Cost: $2,500.00 City of Temecula Contractual Budget Request Department: Temecula Community Services District Program: Landscape Maintenance Contracted Service: Park and slope maintenance. Justification: California Landscape provides landscape maintenance services for Sports Park, Sam Hicks Monument Park, park site on La Serena Way, medians, and various slope con- tracts. Annual Cost: 9260,000.00 City of Temecula Contractual Budget Request Department: Temecula Community Services District Program: Landscape Maintenance Contracted Service: Park and slope maintenance. Justification: Mackensie Landscape provides landscape maintenance tcj various slope contracts. Annual Cost: $125,000,00 ITEM NO. 4 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT.' PARKS AND RECREATION COMMISSION SHAWN D. NELSON MAY 13, 1991 LEAGUE OF CITIES COMMUNITY SERVICES CONFERENCE DISCUSSION: On April 24 - 26, 1991, four Parks and Recreation Commissioners and two City Council Members attended the League of Cities Community Services Conference in Monterey, California. This conference was an excellent opportunity to learn innovative ideas relative to community services, as well as share experiences with other cities involved in community services. Commissioners are invited to discuss any items learned at the conference and provide suggestions to staff to improve the effectiveness of the Parks and Recreation Commission and the TCSD. Enclosed is a copy of the Community Services Conference Program Schedule, and packets from the sessions I artended on "Lets Build A Facility: Capital Project Management" and "Developing Community Facilities" for your review. Cahfornla Cities Work Together )League of California Cities 1400 K STREET · SACRAMENTO, CA 95814 ° (916) 444-5790 COMMUNITY SERVICES CONFERENCE Wednesday - Friday, April 24 - 26, 1991 Monterey Doubletree Hotel PROGRAM Depariment Officers Preddent: Nancy ]ohn3on, AsMstant Diteaor of Recreation, Parks and Comraunity Sereices, San lose First l/'w.e President: Gary F. Schaub, Director of Cultural Services, Walnut Creek Second F'me Pre3ident: Herbye IC White, Direaor, Office of Parks and Recreation, Oaldtmd Directon. Sue Nickcroon, Library Director, Roseville Wednesday, April 24 11:00 am - 5:00 pm REGISTRATION ~ De Anza Ballroom Foyer, Doubletree Hotel 12:30 - 1:00 pm PRECONFERENCE WORKSHOP - De Anza/, Doub/etree Hotel An overview of the League Recreation, Parks and Community Services Department and Community Services Committee. Presiding: , President Nancy Johnson, Assistant Director of Recreation, Parks and Community Services, San Jose Speakers: President Nancy Johnson, Assistant Director of Recreation, Parks and Community Services, San Jose , Director Sue Nickerson, Library Director, Roseville , Kim Chudoba, League Staff, Los Angeles 1:30 - 2:30 pm OPENING GENERAL SESSION N Steinbeck Forum, Conference Center Embracing Cultural Diversity Presiding: , President Nancy Johnson, Assistant Director of Recreation, Parks and Community Services, San Jose Speaker: . Dr. David Kennedy, Chairman, Department of History, Stanford University, Palo Alto - Opening General Session Program continued on nat page - Wednesday, April 24 (continued) 2:30 - 3:30 pm 3:45 - 5:00 pm OPENING GENERAL SESSION (continued) N Steinbeck Forum, Conference "Remember or Repeat" This fast-paced, contemporary retelling of California's multicultural past uses short vignettes, musical numbers, and dances to span four hundred years of California history, from the trials and tribulations of native tribes through the immigration and adjustments made by the Spanish, Anglos, Chinese, Japanese, Filipino, Vietnamese, and other ethnic groups that settled the area. San Jose Repertory Theatre CONCURRENT SESSIONS - Incorporating Cultural Diversity in Community Services - Model Programs Incorporating Cultural Diversity in Arts Programs - De Anut/, Doubletree Hotel Presiding: , Connie BeardsIcy, Manager of the Arts Office, Carlsbad Speakers: , Evelyn L. Crawford, Director of Bay Area Multicultural Arts Initiative, San Francisco , Mary Anne Hedderson, Manager, Cultural Arts Division, Oakland Incorporating Cultural Diversity in Human Services Programs ~ De Anza II, Doubletree Hold Presiding: , Regina A. Falkner, Community Services Manager, Los Gatos Speakers: , Lonnie Carter, Manager of Program Planning and Community Services, Office of Community Development, Oakland , Kevin McArdle, Leisure Services Superintendent, Cerritos , Judith J. Steele, Office of the Chief Legislative Analyst, Los Angeles City Council - Conaw_~ Sexdons continued on neJa page - 2 Wednesday, April 24 (continued) 3:45 - 5:00 prn i11. Incorporating Cultural Diversity in Library Programs ~ De ,4nza I!1, Doubletree Hotel Presiding: , Shula Monroe, City Librarian, National City Speakers: , Cynthia Baird, Head of Children's Services, South San Francisco Public Library , Susan Denniston, Administrative Librarian, Sunnyvale Public Library , Kathryn D. Wright, Regional Consultant, California State Library, Sacramento IV. Incorporating Cultural Diversity in Parks and Recreation Programs Bonsai I/II, Doubletree Hotel Presiding: , Elaine "Willi" Campbell, Council Member, Solvang Speakers: , Shelley Bates, Consultant, Sacramento Marion Holzwarth, Recreation/Community Supervisor, Visalia , Max McClintock, Deputy Director of Parks Resources, San Jose 5:00 - 5:30 pm EVERYTHING YOU ALWAYS WANTED TO KNOW ABOUT THE LEAGUE... - Cottonwood I/II, Doubletree Hotel An informal opportunity to discuss League resources with Department and Committee leaders and staff. 7:00 - 9:00 pm HOSTED MONTEREY BAY AQUARIUM RECEPTION (Required tickets are provided to paid registrants; others may purchase tickets at the League Registration Desk.) Shuttle Bus transportation will be available between the Hotel and Cannery Row from 5:30 to 9:30 p.m. The doors to the Aquarium will not open until 7:00 p.m. Thursday. April 25 8:30am-5:00pm REGISTRATION - De /lnza Ballroom Foyer, Doubletree Hotd Thursday. April 25 (continued) 9:00 - 10:15 am CONCURRENT SESSIONS I. Media Relations - Use or Be Used - De Anza I, Doubletree Hotel Presiding: . Steve Swaim, Superintendent of Community Services, Anaheim Speakers: . Rita Hardin, City Manager, Concord . Scott Summerfield, Director of Communications, Newark Cooperative Community Services Programs: Weaving the Community Fabric ~ De Anza II, Doubletree Hold Presiding: . Alan Boyd, Superintendent, Office of Human Services, Sacramento Speakers: . Mary Brill, Chair, Sacramento Twenty-one, Sacramento . Greta J. Cannon, Member, Sacramento County Commission on Aging . Gary Crabbe, Senior Parks and Recreation Superintendent, Sacramento . Nancy Findeisen, Executive Director, Community Services Planning Council, Sacramento Developing Community Facilities - When and Why - Bonsa/I/II, Doubletree Hotd Presiding: , Peter H. Griffiths, Director of Parks, Recreation and Community Services, Redwood City Speakers: Ann Joynt, Council Member, Cerritos · Suzanne Ota, Director of Community Services, Whittier · Kay Russo, Director of Recreation and Community Services, Monterey - Concurrent Sessions continued on next page - 4 Thursday, April 27 (continued) q:O0 - 10:15 am 1{):30 - 11:45 am IV. Taking Aim at Smoking: Serving the Young and Old ~ Redwood I/II, Doubletree Hotel Presiding: Kathy Hoffman, Vice Mayor, Vallejo Speakers: + Kathy Hoffman, Vice Mayor, Vallejo + Anne Klink, Coordinator, California Smoke-Free Cities Project, Sacramento + Connie McFall, Director of Human Services, South El Monte CONCURRENT SESSIONS I. Maximizing Your Career Opportunities - De Anza I, Doubletree Hotel Presiding: + Second Vice President Herbye K. White, Director, Office of Parks and Recreation, Oakland Speakers: . Carl Clark, CNFL Interim Management Services, San Jose · Ginny Silva Jaquith, Senior Associate, Hughes, Heiss & Associates, Inc., San Mateo How to be an Effective Board Member/Commissioner: Are We Having Fun Yet? ~ De Anza II, Doubletree Hotel Presiding: , Doris Morse, Mayor Pro Tem, Millbrae Speaker: . Rose Mary Forehand, Consultant/Coordinator for California Association of Park and Recreation Commissioners and Board Members, Sacramento - Concurrent Sessions continued on next page - 5 Thursday, April 25 (continued) 10:30 - 11:45 am 12 noon - 1:45 pm 2:00 - 3:15 pm Let's Build a Facility: Capital Project Management - Bonsa/1/71, Doubletree Hotel Presiding: , First Vice President Gary F. Schaub, Director of Cultural Services, Walnut Creek Speakers: , John J. Cahill, Municipal Projects Manager, Carlsbad , Nadine P. Levin, Assistant City Manager, Mountain View , First Vice President Gary F. Schaub, Director of Cultural Services, Walnut Creek GENERAL LUNCHEON - De Anza III, Doubletree Hotel Our Children: A Sound Investment in the Future Presiding: , Mary M. Wilcox, Council Member, Monrovia Speaker: , James P. Steyer, President, Children Now, Oakland CONCURRENT SESSIONS Commission/Council/Staff Relations: Surviving the Bermuda Triangle - De Anna I, Doubletree Hotd Presiding: , George I. Loveland, Director of Parks and Recreation, San Diego Speakers: Lib Downey, Member, Parks and Recreation Commission, Monterey Rose Mary Forehand, Consultant/Coordinator for California Association of Park and Recreation Commissioners and Board Members, Sacramento , Susan Whitman, Council Member, Pacific Grove 6 Thursday, April 25 (continued) 2:00 - 3:15 pm I1. 3:30 - 4:45 pm Leadership, Management and Other Lies N De Anza 1I, Doubletree Hotel Presiding: , Director Sue Nickerson, Library Director, Roseville Speakers: , Dick DeLong, Acting City Manager, Los Altos Hills , Kurt C. Swanson, Director of Community Services, Cerritos CONCURRENT SESSIONS Development Fees for Community Services N Ferrante 1/71, Conference Center Presiding: , Gary D. Davis, Director of Parks and Recreation, Oxnard Speakers: , Susan W. Case, Senior Assistant City Attorney, Palo Alto , Will Lightbourne, Administrator, Human Resources Agency, Santa Cruz County Corporate Involvement in Human Services - Fernrote 111, Conference Presiding: , Patricia H. Birdsall, Mayor Pro Tern, Temecula Speakers: , Amira Leifer, Manager of Corporate Relations, Volunteer Center of San Mateo County and Volunteer Coordinator, Sun MicroSystem Inc., Mountain View , Ann C. Walsh, Director of Intergovernmental Relations, Pacific Gas and Electric Company, San Francisco - Concurrent Sessions continued on nat page - 7 Thursday. April 25 (continued) 3:30 - 4:45 pm 5:00 - 6:00 pm Friday, April 26 7:30 - 12 noon 75,q - 9:00 am IlL Youth Programs for Self Esteem - Colton I/II, Conference Center Presiding: , Mike Stallings, Director, Parks and Recreation, Daly City Speakers: , Pete Soderberg, Monterey County Parks Director, Salinas , Mike Stallings, Director, Parks and Recreation, Daly City , Cleve Williams, Assistant Director, Office of Parks and Recreation, Oakland NO HOST RECEPTION - Portola Room, Doubletree Hotel Lobby REGISTRATION ~ De Anza Balln>om Foy~, Doubletree Hotd CONTINENTAL BREAKFASTS Small group discussions by community services function with discussion leader. Join the group in your area of interest. I. Arts - Bonsai I, Doubletree Hotd Facilitator: , First Vice President Gary F. Schaub, Director of Cultural Services, Walnut Creek Human Services - Bonsai II, Doubletree Hotel Facilitators: , Carol M. Cooley, Director of Human Services, La Mirada , Steve Swaim, Superintendent of Community Services, Anaheim III. Libraries - Ironwood Room, Doublaree Hotd Facilitator: · Cliff Lange, Library Director, Carlsbad IV. Parks and Recreation - Redwood Room, Doubletree Hotel Facilitator: · Mike Stallings, Director, Parks and Recreation, Daly City 8 Fri~lay, April 26 (contlnued~ 9:15 - 10:15 aln 10:30 - 11:45 am 11:45 am GENERAL SESSION - De Anza !1I, Doubletree Hotel State Legislative Update Presiding: , President Nancy Johnson, Assistant Director of Recreation, Parks and Community Services, San Jose Speaker: , Yvonne Hunter, Legislative Representative, League of California Cities, Sacramento CONCLUDING GENERAL SESSION N De Anza III, Doubletree Hotel When Helping You is Hurting Me: How to Avoid Overcommitment and Burnout Presiding: , First Vice President Gary F. Schaub, Director of Cultural Services, Walnut Creek Speaker: , Carmen Renee Berry, MSW, Senior Associate, Recovery Partnership, Whittier ADJOURN t\mtg\csc\ptt~gram.91 9 City of Carlshad April 26, 1991 APR 3 0 1991 CITY OF TEMECULA Attention: Shawn D. Nelson, Director of Community Services 43180 Business Park Drive Temecula, CA 92390 COMMUNITY SERVICES I.F-AGUE OF CALIFORNIA CITIES, COMMUNITY SERVICES CONFERENCE "LET'S BUILD A FACILITY: CAPITAL PROJECT MANAGEMENT' Dear Mr. Nelson: It was a pleasure to meet you at yesterday's session of the League of California Cities Community Services Conference in Monterey regarding Capital Project Management. As you requested, enclosed is a copy of the text of my address on this subject. I hope that the comments of all three (3) speakers at this session will be of help to you and your City in future municipal projects. If you are interested in talking further about any of the issues discussed at yesterday's session, please feel free to call me directly at (619) 438-1161, extension 4386. Additionally, [ am available to consult on a limited basis with your City to assist in the development of a comprehensive municipal projects program, design procedures and criteria, and construction management. If I can provide any additional information or assistance, please do not hesitate to call me. Municipal Projects Manager SSC:jkb 2075 Las Palm as Drive,eCarlsbad, California 92009-4859-(619) 438-1161 LEAGUE OF CALIFORNIA CITIES COMMUNITY SERVICES CONFERENCE Monterey, California Thursday, April 25, 1991 "Let's Build a Facility: Capita/Project Management' Address delivered by John J. Cahill, Municipal Projects Manager, City of Cadsbad, California Good morning, and thank you for the opportunity to address the Community Services Conference of the League on the subject of Capital Project Management in public agency project development. In the allotted time, I would like to address six (6) issues affecting public agency project management in today's environment. These issues are: · Project Vision. The project planning process, which I refer to as milestones, schedule, and players. Recommended procedures for identifying the City design team and a general framework for the consultant design selection. · An overview of the project design process. The critical importance of project documents including construction drawings, specifications, boilerplate contract documents, insurance, forms, and construction schedules. And finally, some thoughts and suggestions on the overall construction and inspection process in the public agency environment and the role of City staff, its consultants, and outside construction managers. Additionally, I would like to briefly discuss the agency/owner relationship with the construction contractor. 2 Since every capital project is unique and different to its particular setting, so is the public agency charged with administering this increasingly complex, litigious, expensive, and potentially explosive area of our business. I will, therefore, attempt to address the issues in a generic sense and give you some thoughts and recommendations on exactly how to get public projects built in the 1990's. As I'm sure you are all aware, this is no small task. I. PROJECT VISION Every successful capital project begins with a good idea, and with an idea, a vision of exactly what the City or County agency, school district, special service district, or other public entity is attempting to accomplish. In some cases, deficiencies of existing public services need to be addressed, in others, dilapidated and undersized public facilities need to be upgraded, expanded, or replaced entirely. In other cases, growth, often times well in advance of the availability of local financing resources and local public agency abilities to build public projects commensurate with that growth, necessitate new financing, design, and construction administration strategies. Capital project construction can be for most of us an incredibly challenging, exhilarating, and personally rewarding experience. It is an opportunity to be creative and artistic, to take some reasonable risks, to incorporate input from a wide range of interest groups and individuals, and to produce living, breathing structures and facilities which express the quality of public services in a given local environment. Public facilities can make a direct statement about just how important the delivery of public services can be to the community. There is a direct cause/affect relationship that can be seen time and time again between the number and quality of public facilities and our own employee productivity. In many cases this translates into immeasurable improvement in the quality of delivered services and the surrounding community environment as a whole. From the top, it is important that specific, reasonable, and accomplishable objectives be identified. These objectives should be articulated in some form of master plan which receives agency, community, and political support. Equally important is providing a project budget that has a reasonable chance of accomplishing the objectives of the project. The days of building civic centers and fire stations and cultural art facilities and parks and recreation centers for $75 to $80 to $100 a square foot, including all fixtures, furnishings, and equipment and all other administrative costs, are over and will never be revisited. This is particularly true for those projects constructed in and around urban areas or high growth areas where construction activities are seasonably less competitive due to high volume. Additionally, the influence of national, state, and local economies, State mandated prevailing wage rates and benefit packages, growing technical proficiency of sub-contractors, increasing materials costs, increasing office and field overhead, and government permitting, materials testing, and inspection requirements have influenced both large and smaller scale public facility construction. The project vision requires a reasonable project budget to ensure a reasonable chance of success. 3 Getting from groundbreaking, to ribbon cutting, to the public's use of capital facilities is just plain risky and expensive business. However, the rewards for the community and for the agency can make the vision worthwhile. II. PLANNING PROCESS The project planning process on its face sounds fairly self explanatory. If your goal is to build a municipal golf course, it sounds pretty simple to identify a piece of property, hire a golf course architect, engineer the design, and get the earth movers warmed up in the bullpen. If everything goes right, you could be teeing off within the year. The truth of the matter is that a great deal of project planning needs to be done before you spend your fist dollar of design money. The recommended first step is to identify some major milestones with target dates. This can include the development of a project master plan, retention of design team members, identification of environmental constraints and opportunities, development of concept utility plans, acquisition of required rights-of- way, identification of access and water resources, initial contacts with planning, engineering, traffic, public safety, public works, maintenance, and utility company personnel. The project milestones then need to be developed into a detailed project timeline incorporating all known project development requirements and the assignment of realistic timeframes. It is important to know early in the project planning process the constraints and pressure points in any development project. They need to be identified early so that extra attention can be given to them by the design team and City staff and the agency's political body. Equally important is the arrival at a realistic completion schedule which accurately reflects the particular needs and nuances of the project. You can't design, permit, construct, and occupy a three (3) year municipal golf course or major cultural arts facility, for example, in one (1) year. Delivering the scheduling message early and often will go a long way toward securing the kind of community, organizational, and political understanding and support that major public facilities require to be accomplished in the public sector. I wish to emphasize to you the importance, perhaps in a very critical way, of identifying the role and requirements of Federal, State, regional, and local regulatory agency authorities. Environmental review of both private and public development projects has become a highly technical, very thorough, procedurally oriented process in the last fifteen (15) years in California. For those of us living and building within the coastal zone areas of California, the California Environmental Quality Act carried out by the California Coastal Commission has played and will continue to play a major regulatory role in project development. Concurrently, emerging environmental issues including the presence of electro magnetic fields in both existing and proposed utility corridors, influences in groundwater tables from existing and proposed agricultural, recreational, landscaping, and industrial uses, the continuing development of offsetting environmental impact criteria and mitigation ratios, and the expansion of federally protected endangered species and their habitats, among other issues, will all play important roles in both private and public development projects. The issue is not whether these are good or bad influences, rather, they are influences that need to be acknowledged since they directly affect the ability and timing of the local agency to design, construct, and responsibly finance public projects. As just one example, my project team is currently managing a 400 acre coastal wetland restoration project in Cadsbad known as the Batiquitos Lagoon Enhancement Project. This project includes the direct involvement as well as both the specific design criteria and regulatory approvals from sixteen (16) individual Federal, State, and local public agencies. Many of these agencies have legislative mandates for areas of responsibility and priority directly opposite to those of other agencies. Reaching consensus has been, shall we say, difficult and at the same time both creative and timely. The point I'm trying to make here is that the project planning process for your library, for your cultural arts facility, for your gymnasium and community swimming pool, for your City Hall, for your senior center, and for any other of your public projects requires a similar identification, acknowledgement, and understanding of the importance of including the regulatory agency players early in the planning process. III. DESIGN TEAM AND CONSULTANT SELECTION Virtually every public agency has articulated a formal consultant selection process in its city ordinances, administrative policies, or other ways that the agency identifies and retains professional design consultants. The importance of dealing at a professional arms length with design consultants in a selection process that is concise, defendable, and produces the best qualified design professionals for your projects cannot be over emphasized. Additionally, finding the best match, the best '~'it" for your agency and personnel is perhaps the most important criteria which cannot be quantified in any reasonably objective selection process. Sometimes, you just have to go on instinct to make a good selection. (a) CONSULTANT SELECTION PROCESS (Request For Qualifications) In very general terms, I would suggest you consider a four (4) step process to identify qualified consultants. First. a large class of consultants who will submit statements of qualifications. Second, a group which will prepare and submit detailed design proposals. Third, a smaller group which will be formally interviewed by agency representatives. And fourth, consensus among the selection committee which will lead to the identification of the best qualified and responsive design team in which contract negotiations will produce a mutually acceptable win/win design contract. 5 Step 1 may include the preparation of a formal Request for Qualifications from architects, engineers, artists, or other professional designers. At a minimum, the RFQ should include a detailed statement of interest and submittal of the consultant's qualifications specifically related to the project at hand. This should also include a discussion of similarly scoped past projects, resumes of proposed design team members including those of all sub- consultants, an organizational biography, and statement of current and projected workload. A detailed list of all current and past clients is also helpful. The RFQ's should be submitted to a singular point of contact at the public agency and thereafter evaluated by a selection committee consisting of appropriate agency representatives. My strong suggestion is that those members of the selection committee be given sufficient time to review all RFQ's in detail and record their comments and impressions on the RFQ submittals. This is an example of a design consultant rating form that becomes a part of the permanent job record. Individual numerical rankings of submittals are not as important as overall impressions of the abilities of the proposed design team and their responsiveness to the RFQ requirements. Defending the selection process is sometimes, unfortunately, equally as important as the consultant team selected. From the list of RFQ submittals, the selection committee should identify a smaller group to continue on in the consultant selection process. (b) CONSULTANT SELECTION PROCESS (Request for Proposals} The agency should then prepare the detailed Request for Proposals from those consultants identified in the RFQ phase. These RFP's should include a specific and highly detailed submittal by the design team on a wide range of design issues, schedule, identification of work tasks, design team organization and reporting responsibility, financial viability statement, and commitment of design team resources to the project. The consultants should provide to the agency a "game plan" to accomplish the project design. If the game plan is to include full services in the sense of assisting with acquisition of permits and approvals, construction administration, as-builts, and other project tasks, the RFP should state these requirements in detail. As with the RFQ process, the RFP submittals should be given full and complete review by the selection committee. It is recommended that you use evaluation forms again for this review. The selection committee should then identify a lesser number of relatively equally qualified design consultants to comprise a "short list" to continue on in the selection process. (c) CONSULTANT SELECTION PROCESS (Interviews) It is recommended that the interview process be highly structured with specific start and end times for each team. The selection committee should essentially turn over the floor to the design consultants and have them articulate what they have already submitted in 6 writing in the detailed Request for Proposal. The interview session with the design team generally makes or breaks the establishment of a professional working relationship between the team and the agency. I'm sure you have discovered how much can be learned about the design team in a 20 to 30 minute presentation. The consultant should highlight the design issues, identify and discuss any constraints and opportunities with the project, and generally articulate their game plan for designing your project. I think it is important to emphasize that all the design teams stand on equal footing prior to and during the interview sessions. This should include the express understanding among all the design teams and agency personnel regarding outside contacts. What is recommended is that the agency designate early in the RFQ and RFP phases one (1) or two (2) specific agency personnel with which additional information can be obtained regarding the selection process, selection criteria, and particulars of the project. This will go a long way to alleviate most common concerns regarding the level and depth of information available to the design teams preparing for the interview sessions. At the conclusion of all interviews, the selection committee should identify one (1) firm to design the project. It is also important that the selection committee identify one (1) alternate firm in the event a design contract cannot be reached with the selected design firm, or, background information about the selected firm reveals something adverse or other than what was provided in the selection process for the committee to consider. Although these situations are extremely rare, it's good to have a backup plan. I will draw your attention to several sections of the California Government Code and the Public Contracts Code regarding public agency selection of consultant services which preclude fees and fee structures as the sole criteria for securing professional services. (d) CONSULTANT SELECTION PROCESS (Contract Neqotiations) It is recommended that the contract negotiations with the selected design firm be highly structured and precise. At a minimum, I would suggest a detailed background check on professional licenses, insurance capabilities and history, financial stability, past and current client satisfaction, and litigation history. Assuming the firm checks out, I strongly recommend a site visit to the design team's offices where the majority of the design work will take place. The purpose of the visit is two-fold, first, to meet with the design team members on their own home court and get a general feel for how they do business, their in-office design setup, their technical skills, equipment, and capabilities, as well as a confirmation that you have selected the best qualified firm and individuals for your project. The second purpose of the on-site visit is to take a look at their previous and current work first hand. This would include local visits to previously accomplished work of both new construction and, if available, expansions and restorations. Exercising due diligence in the consultant selection process leading to consummation of a detailed, and in most cases extremely expensive, design contract in my judgment is both highly advisable as well as simple common sense. It is amazing to me that some public agencies will entrust the design of a multi-million dollar public facility of the community and political priority that they often times represent with little or no investigation or review of the design team. The selection of the design team in the early stages of project development is perhaps the single most important decision that the public agency can make and it deserves all the attention and priority available to the local agency. After all, the professional relationship established will likely run several years and the results of that relationship, in the form of a finished project, will last a lot longer. One final note on contract negotiations. It is recommended that your consulting contract, in whatever form is appropriate for your agency, include a specific and detailed scope of work, fee schedule, submittal schedule, ownership of documents clause, termination clause, and provisions for an appropriate level of general liability and errors and omissions insurance. The insurance policies furnished to the public agency should be in a "per event" format and run for a sufficient period of time after the completion of construction so as to protect the public agency in the inevitable event of contractor claims regarding latent design defects or other allegations of design error. IV. DESIGN PROCESS The best design process is one that is highly participatory in nature and includes sufficient opportunities for all concerned parties to provide input into the project design. This can be accomplished in several ways. One suggested approach is creation of the project design team representing a cross-section of interested parties, staff, user groups, and perhaps elected officials. One advantage to including elected officials on the design team is that they now become part of the solution and have a vested interest in the successful outcome of the project. Additionally, when it comes time for public hearings and regulatory review of the projects, it doesn't hurt to have a couple of elected officials carrying the project forward. A design team meeting at regular intervals coinciding with the design submittal schedule is advisable. Having further design team meetings with larger and smaller groups of the users of the facility tends to lead to the creation of an environment in which the employees have had an opportunity to provide direct involvement in the project design. Where appropriate, it may be advisable to include an independent facilitator or third party expert in a particular area that can assist the design team and staff relationship and maximize the exchange of ideas and suggestions. Public projects can no longer be designed in a vacuum without user or employee input. I think you will find that some of the best operational information and design concepts come directly from the employees that would be housed in the completed facility. 8 One technique that we have used on several occasions is to take the design team and affected Department Heads and other staff members on a bus trip of local facilities similar in nature to the proposed project. On board we have discussed project design concepts, had the architects review project status, and had general discussions regarding the proposed project in comparison with those that have been viewed by the design team. This is also an excellent opportunity to do some team building very early in the design process. The bus trip concept has been particularly rewarding for the architects and engineers in charge of project design. As with the staff, they themselves have an opportunity to view other similarly scoped public facilities, receive direct feedback from design team members, and generally review the strengths and weaknesses of other public facilities as a prelude to beginning of design on their project. The design process generally continues with the development of a variety of design tools. Floor plans, elevations, site layouts, cross-sections, and other design vehicles to express the project vision and the project plan should be reviewed at regular intervals with the design team. The use of massing models to develop general design concepts and shapes will provide the initial understanding of the presence of the project on the site and in the local neighborhood context. Once again, input is encouraged from the design team and, where appropriate, from the general public in the form of perhaps interim status reports and presentations to check signals on the design with the agency's political body. It is important that facility users be included in the selection of furnishings, colors, wall treatments, carpeting, and other finishes and textures both interior and exterior. Additionally, it's a good practice to let the employees have some input in the type, style, and quality of office furnishings and other operational equipment and systems. It is strongly recommended that the design team create the most positive environment possible for the employees and the user groups to participate in design decisions at critical milestones. The key word in designing public facilities, and in particular, the fostering of a continuing productive relationship between staff and the architects, is the ability of the client agency to gain closure on critical design issues. There are times when decisions are necessary regarding certain design aspects from the client agency. You need to know when those times occur, when the lack of decisions is adversely effecting the time schedule, and the ability of the architects to proceed to the next phase of development. Don't be afraid or reluctant to exercise some preferences regarding design issues and provide the design team with explicit direction regarding your choices. Meeting minutes and follow-up correspondence are the tools by which closure is obtained which translates, in a very practical sense, into design progress. 9 One final discussion about touching down on the project budget during the design process. Your initial project budget should identify specific design parameters in a cost per square footage relationship which provides design targets for both the design team and the staff to test the quality of the design in relation to the project budget. At a minimum, the design team should furnish the agency with an itemized, detailed design take-off at the following stages of design: · At the completion of the design development phase. · At the ,50% construction document submittal phase. · At the 90% construction document submittal phase. and at the 100% construction document submittal phase which sometimes referred to as the "Statement of Probable Cost". These design estimates should be taken seriously and reviewed in detail by an independent building consultant or plan checking unit. In the event the assigned costs are not within the generally accepted building parameters for the local area, or, alternatively, the design submittal costs exceed the assigned budget, give clear and specific direction to the design team to make the appropriate changes. You may wish to perform some value engineering of some of the structural, mechanical, electrical, site grading, utility plan, landscaping and irrigation plan, or other key design components in an effort to reduce costs. In most cases, there are always other ways to reduce facility costs without returning to the agency political body and requesting additional appropriations prior to receiving construction bids. V. DOCUMENTS You have heard the phrase before that the three (3) most important things about buying real estate are location, location, and location. I will tell you without reservation that the three (3) most important things to ensuring a successful public project are documents, documents, and documents. This single aspect of project development is perhaps the most important and least prioritized in virtually all public agency construction. A set of complete, buildable, and defendable construction documents will in most cases include the following elements: The construction drawings, completely integrated with back-check references to individual archetural details and the accompanying construction specification manual. l0 The construction specification manual, including all divisional specifications, design addenda, local and regional design standards, individual reports and data such as structural, soils, and all performance criteria and details for the subcontractor disciplines. The specification manual will also contain the underlying agency/contractor construction contract documents, scheduling criteria, all forms and correspondence formats, and generally the construction "game plan" by which both the agency owner and the contractor will communicate and mutually construct the project. I use the terms "mutually construct" with some purpose. Public works construction contracts are implemented jointly with both parties having specific roles, responsibilities, and obligations. As a public agency owner, you and your authorized representatives such as the design team members, must acknowledge and fulfill your responsibilities contained within the contract documents in a thorough and timely manner. Failure to do so will surely result in immediate advantage to the contractor which very quickly results in a strained relationship, extra work claims, out of sequence work, schedule extensions, and, ultimately late projects out of budget. The final element in the construction document package is the incorporation by reference of the State, regional, and locally adopted standard specifications. This generally may include the Uniform Building Code, the Standard Specifications for Public Works Construction, the State of California Department of Transportation Standard Specifications, City and State ordinances and codes, and any other appropriate, and in most cases required, regulations. Although they are used extensively in both public and private projects, I personally don't recommend utilizing the AIA 201 General Conditions or the other AIA provisions as the underlying boilerplate specifications. I strongly recommend that you draft your own specifically fashioned to meet the individual needs of the agency and the project. One of the most important elements of your documents is your specific articulation of the scheduling requirements for the project. This is a photograph of a contractor's bar chart schedule for a 30,000 square foot Senior Center and School District Administrative Office complex project that we received from the contractor. Keeping in mind that the project included 3 and 1/2 acres of site demolition, grading, and over 250 individual work tasks in the design. Ladies and Gentlemen, you cannot build a project with this kind of schedule. Further, you cannot organize the subcontractors, properly schedule the manufacturing and delivery of special equipment and materials, provide the necessary submittals, nor effectively manage the construction process with this level of scheduling effort. This project schedule was continually rejected by the City and the contractor penalized appropriately. What makes this situation worse for both the public agency and the contractor, is the inability to properly and effectively document changes in work which may occur as a result of excusable rain delays, owner initiated changes in scope, and other very legitimate schedule extensions. 3.3. Your specifications must include specific scheduling criteria with scheduled submittal updates and a continual as-builting of the project. My suggestion is that you include a specific type of construction schedule to be submitted by the contractor the cost of which is to be included in his administrative overhead for the project. Among many others, you may wish to look at the Primevera construction scheduling package, manufactured by Primevera Software. Make the contractor give you what you need and, ultimately, what he needs to effectively manage the project. Some suggestions on scheduling criteria would include requirements for applications for payment, identification of changed conditions, complete activity sequencing, identification of separately staged work, and other logically grouped activities. Require the contractor to indicate early and late start dates, early and late finish dates, interim milestones, float dates, durations, proposed products lists, and his submittal schedule. I cannot over emphasize to you the importance to the public agency owner of the contractor's schedule. VI. CONSTRUCTION Awarding of Bids, execution of documents, preconstruction meetings, and other preliminary start items are important and should be taken seriously at every stage. Take detailed minutes, officially transmit those minutes to effected parties, and retain control over the official project documents including the schedule, submittals, requests for substitutions, request for information and clarification, and monthly pay requests. It is important that you set reasonable performance standards and requirements for the contractor which the arbitrator or other judicial body will review at a later date should it come to that. Be sensitive to special handling of such building demolition issues as asbestos removal, grading and compaction testing, and disposal of ground water. Further, Murphy's Law states that anything that can go wrong, will go wrong. Be prepared for the unexpected. One example is unforeseen site conditions. A common situation in redevelopment project areas is discovery of buried, abandoned fuel tanks which require special handling and disposal. Another example is the discovery of hazardous waste and the special handling, treatment, and permits required for its disposal. A further example is the potential requirement for special ground water testing and other unforeseen underground conditions. As an extreme, we discovered significant fossil remains directly in the middle of the grading operations for a six-lane highway which required temporary termination of work, documenting the find, and removal to the local Natural History Museum. Murphy's Law became Murphy's revenge. Photo document all construction activities especially foundations and utilities. Construction inspection may very well require special structural inspections from State certified building inspectors of structural steel, slabs, and structural members. These 12 requirements need to be coordinated and planned in advance so as not to delay construction progress. Photo documentation is perhaps the best way to present arguments and settle disputes long after the construction has been completed. It is important to include the politicians and the other members of the design team for site walk-throughs at appropriate stages of construction. Keep them involved, keep them informed. Retention of qualified outside construction managers to represent the public agency owner is becoming a common place, and perhaps preferred, approach to construction administration. A contractor's license and a lap top personal computer does not make a construction manager. There are several excellent firms in this business highly qualified to represent public owners on the job site. I would be happy to provide some recommendations of those firms of which we have experience. It is important to note that the construction process in this day and age is highly complex, highly specialized, technically oriented, and very fast paced. There also large dollars at stake which hang in the balance on every construction change order. My recommendation is that you retain a qualified construction manager to represent your interests on the job site and deal with the contractor relationship. One final construction issue is the importance of attention to detail with respect to the facility finishes. The finish hardware, case work, carpet, paint, counter tops, wall treatments, and other architectural details are what the general public will see as the finished product. There is simply no room for compromise with respect to finish detail. It is important, perhaps critical that the expectations of the public owner and the design architect are communicated early and often in a formal way to the project contractor and his subconsultants regarding this issue. A resident construction manager is invaluable during the last 20% of the project to ensure quality control and attention to the small interior and exterior details that will make the difference in the finished project. Be prepared for an extensive final punch list of items which the contractor should be required to deal with and correct in a timely manner prior to acceptance and dedication of the public facility. Capital project management in the public sector is, in great measure, a mixture of hard work, thorough prior planning, securing technical expertise, and a sound working relationship with a project contractor. The rewards can be timeless. Thank you. LEAGUE OF CALIFORNIA CITIES. COMMUNITY SERVICES CONFERENCE "LET'S BUILD A FACILITY: CAPITAL PROJECT MANAGEMENT' BIOGRAPHICAL PROFILE: JOHN J. CAHILL MUNICIPAL PROJECTS MANAGER CITY OF CARLSBAD John Cahill is Municipal Projects Manager for the City of Carlsbad, a northern San Diego County coastal community of approximately 65,000 residents. Carlsbad, which is currently only 50% built-out, is undergoing massive infrastructure planning, financing, and construction of a wide range of public facilities. Mr. Cahill, who holds Bachelors, Masters, and Law degrees, directs the City's Municipal Projects Department consisting of twenty-five (25) full time City staff of engineers, project managers, technicians, inspectors, and support staff currently implementing all phases of a $200 million capital improvement program. Mr. Cahill has over sixteen (16) years of local agency experience in public facility and infrastructure planning, design, and construction including Parks & Recreation facilities, gymnasiums and community centers, roads and bridge structures, senior centers, fire stations, seawalls, municipal golf courses, libraries, School District administrative centers, civic centers, and other public facilities. Mr. Cahill's project team is currently directing the design of a 64,000 square foot public library, three (3) freeway interchange bridge projects, the restoration of historic Leo Carrillo Ranch, a 250 acre municipal golf course project, and the restoration of a 400 acre coastal lagoon wetland known as the Batiquitos Lagoon Enhancement Project. In the last five (5) years, the City of Carlsbad has constructed over forty (40) public projects in excess of $100 million and has been formally recognized by the League of California Cities, the American Public Works Association, and the American Society of Civil Engineers for public facility planning, design, and construction management. LEAGUE OF CALIFORNIA CITIES 1991 COMMUNITY SERVICES CONFERENCE "Developing Community Facilities" The Fairfield Center for the Creative Arts is the City of Fairfield's first community theater complex which was opened in October, 1990. The following is a summary to some of the primary factors leading to the development of the Fairfield Center: Cultural Arts Planning (Fairfield Cultural Arts Feasibility Study) -- Creation o~ the Cultural Arts Facility Task Force -- Cultural Arts Needs Assessment Study -- Recommendations: (a Immediate need for a community theater complex. (b Long-term need for a Regional Performing Arts Center consisting of a multi-form 1200 seat theater which also accommodates a mid-size 750 seat theater. (c Eight (8) year implementation plan. II. Funding for the Arts -- Creation of the Cultural Arts Grant Program (4% increase of the Transient Occupancy Tax (Hotel-motel tax). -- By 1990 the grant program was approximately $186,000. -- Cultural Arts Advisory Committee established to r~view grant applications. -- Promoted existing arts organizations and established new arts organizations (Solano Community Symphony, North Bay Opera, Solano Civic Ballet, MAGIC (Making Arts Grow in Children). III. Cultural Arts Programming (Fairfield Civic Arts) -- Restructured and established the Civic Arts & Leisure Services Commission. -- Created the Fairfield Civic Arts and hired an Arts Professional (Grace Lieberman). -- Promoted quality programs, organized community ~rts organizations, assisted the creation of new arts organizations, exposed the community to touring groups. IV. Development of the Fairfield Center for the Creative Arts -- City Manager/Management Support -- Civic Arts & Leisure Service Commission & Fairfield Cultural Arts Facility Task Force Support -- Community Arts Organizations Support -- City Council Support & Approval ~an~,rand~w~miner 'El ES 1" Winning cLesigns .for 9 finns Architectural work by local finns honored ,A BERKELEY architecture ored with the · 1991 Firm Award in this , year's design competition of the California Council, the American Institute of Architect& The award recognized projects by ELS/Elbasani & Logan for their '~arlety and innovation of materl- ain and ofu~an space," the council said. "It is remarkable h~w well their work rite inf~ the communi- ties they ser~e." The company's work includes the UC-Berkeley Recreational Sports Facility, UC Press Head- quarters, Berkeley, Ronald Mc- Donald House. San Francisco. Pio- neer Place. Portland and the Fair- field Center for the Creative Arts, Fairfield. ELSfEIbasanl was one of nine Northern California companies to nouncad last week as part of Cali- fordin Architecture Week, March 1147. Twenty firms from 349 en- tries statewide received honor, merit and peopletin-architecture TEXAS STREET ELEVATION TAYLOR STREET ELEVATION FAIRFIELD COMMUNITY THEATER ELS/ELBASANI & LOGAN ARCHITECTS FAIRFIELD COMMUNITY THEATER ELS/ELBASANI & LOGAN ARCHITECTS SITE PLAN FAIRFIELD I COMMUN TY THEATER [LS/ELBASANI & LOGAN ARCHITECTS ® © © ® e ITEM NO. 5 TE'MECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: S UBJE C T: PARKS AND RECREATION COMMISSION SHAWN D. NELSON MAY 8, 1991 CAPITAL PROJECTS STATUS UPDATE DISCUSSION: The TCSD continues to proceed with the implementation of the existing Capital Improvement Plan for Fiscal Year 1990-91. Staff has compiled a project status update as follows: 1. Sports Park Phase I of the Ball Field Lighting project is currently ninety five (95) percent complete. The remaining five (5) percent consists of the placement of an additional light pole to accommodate night use of a soccer field located on the upper Rancho Vista field area. Phase II of the Ball Field Lighting project is approximately forty (40) percent complete. The remaining sixty (60) percent includes the retro fit of existing light fixtures on the north south fields and the installation of light poles on the perimeter of the upper south soccer field. The Rest Room Snack Bar project has been advertised and the bid opening is scheduled for May 30, 1991 at 4:30 p.m. City Hall. 2. Veterans Park Seventeen hundred (1,700) feet of concrete split rail fencing has been installed and two (2) playground areas have been completed. The new Veterans Park sign is scheduled to be installed on Friday, May 10, 1991. 3. Sam Hicks Monument Park A contract was awarded to R.J. Noble to install curb, gutter, and sidewalk improvements at Sam Hicks Monument Park. A pre-construction meeting is scheduled for Wednesday, May 15, 1991. Staff has also begun the renovation of the park by ordering new picnic tables and trash receptacles that will be installed by Friday, May 10, 1991. ITEM NO. 6 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: PARKS AND RECREATION COMMISSION SHAWN D. NELSON MAY 13, 1991 CONCESSION AGREEMENT AT SPORTS PARK DISCUSSION: The Temecula Sports Council unanimously agreed that the concession operations at Sports Park should be provided by the various youth sports organizations during the time of their respective seasons. It was stated that the operations would be staffed by volunteers and the proceeds of the funds would be used to offset the league's operational costs. Temecula Valley Little League and Rancho California Little League decided that neither league had the volunteers to properly staff the concession operations. Little League decided to hire private vendors (Cucas and Barbie Dogs) to provide concession services at the Rancho Vista and North/South fields and remit 15% of the gross proceeds to Little League. When staff was apprised that private concessionaires were operating the concession, 10% was charged to the private vendors to cover rent and utility costs as a public agency can not subsidize a private enterprize operation. Both concessions agreed to the 10% charge because this was standard when CSA 143 was operating Sports Park. Last year, Little League netted $260.00 for the concession operation for the entire season using volunteers. In the first 1/3 of this year's season, Little League has already received over $1,200.00 from these private vendors as a result of the current concession agreement. It has been suggested to release Request For Qualifications (RFQ) to various private vendors and hold interviews to select the best concessionaire for the TCSD. Once selected, the City would operate the concessions at Sports Park. A percentage of proceeds resulting from the concessions would be donated to various youth sports organizations. This will enhance the control of the concession operations, as well as provide a revenue stream to our youth sports programs. It is requested that the Parks and Recreation Commission discuss this issue and if decided to proceed with the RFQ process, it is requested that two (2) members from the Commission be appointed to a Concession Selection Committee. I have enclosed a copy of a proposed concession agreement for your review. CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT (TCSD) VENDOR AGREEMENT This non-exclusive agreement is made and entered into by and between Temecula Community Services District (TCSD), acting by and through its Director hereinafter referred to as "Director", and Name: Address: Phone: Social Security No.: hereinafter referred to as the "Contractor," as follows: 1. SERVICES TO BE PERFORMED BY CONTRACTOR. Contractor shall perform the following: the selling of food services during the days and times, and at the location as mutually agreed upon between the Director and Contractor. Times, days, and locations, are as follows: 2. TERMS. The term of this agreement shall commence on the , 19 , through the __ day of , 19 terminated pursuant to Paragraph 9 herein. day of , unless earlier AGP,3 3. COMPENSATION. In consideration of the performance of the services provided herein, Contractor will provide: 4. METHOD OF PAYMENT. The compensation provided in Paragraph 3 shall be paid upon filing of an invoice within thirty (30) days after the close of each quarter. 5. COMPLIANCES. Contractor, in the conduct of the service contemplated hereunder, shall comply with all statutes, State or Federal, and City Council, or the TCSD Director. 6. PURPOSE. The services Contractor performs pursuant to this agreement are intended to have the result of increasing the ability and enjoyment of the participants in the activities and/or services Contractor conducts or provides. The means and manner by which Contractor accomplishes this result and conducts the activity or provides the service shall be determined by the Contractor. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this agreement will be acting in an independent capacity and not as agents, employees, partners or joint ventures of one another. Contractor is not an employee of the City of Temecula or TCSD, and is not entitled to any of the rights, benefits or privileges of the City of Temecula or TCSD employees; including, but not limited to, medical or worker's compensation insurance. AGP3 8. HOLD HARMLESS. Contractor shall defend and hold harmless City of Temecula and TCSD agents and employees, from and against any and all claims, demands, liabilities, actions or causes of action of any name or nature which may be asserted, prosecuted or established against them, or any of them, for claim, expenses, suits or other damages of any name or nature arising out of or in any manner connected with the conduct of the aforesaid services by Contractor, except for those due to the sole negligence of TCSD. 9. TERMINATION. In the event either party hereto falls or refuses to perform any of the provisions hereof imposed upon such party hereunder, such party shall be deemed in default in the performance of this agreement. In addition, the TCSD may terminate this agreement without cause upon three (3) days written notice. If the Director or his delegate determines that the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of 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 by law, in equity or under this agreement. 10. ASSIGNMENT. Contractor shall not assign or otherwise transfer this agreement or any interest therein, or monies payable hereunder. AGR3