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071117 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JULY 11, 2017-7:00 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 PM - The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1. Conference with Legal Counsel—Pending Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: City of Temecula v. All In Holistic et al., Riverside County Superior Court No. MCC1700077. 2. Conference with Legal Counsel – Pending Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: Los Ranchitos Homeowners Association v. City of Temecula, Riverside County Superior Court No. RIC1512880. 3. Conference with Legal Counsel – Pending Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. Next in Order: Ordinance: 17-04 Resolution: 17-40 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Flutists — Ruth Dunlop, Saqtiel Orozco, Emily Schwank, Bridgette Shroll Invocation: Pastor Harold Forbis of Lifeline International Ministries of Temecula Valley Flag Salute: Mayor Pro Tem Matt Rahn ROLL CALL: Comerchero, Naggar, Rahn, Stewart, Edwards 1 PRESENTATIONS/PROCLAMATIONS Presentation of Certificates of Recognition to Senior Class of 2017 National Charity League Temecula Valley Chapter PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to 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 may 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 may 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 Waive Reading of Standard Ordinances and Resolutions RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of June 27, 2017 RECOMMENDATION: 2.1 That the City Council approve the action minutes of June 27, 2017. 2 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the City Treasurer's Report as of May 31, 2017 RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of May 31, 2017. 5 Approve the First Amendment to the Third Amended and Restated Joint Powers Agreement Creating the Southwest Communities Financing Authority (SCFA) Animal Shelter RECOMMENDATION: 5.1 That the City Council approve the First Amendment to the Third Amended and Restated Joint Powers Agreement Between the County of Riverside and The City of Canyon Lake; The City of Lake Elsinore; The City of Murrieta; The City of Temecula; and The City of Wildomar; creating the Southwest Communities Financing Authority (Animal Shelter). 6 Approve the Amendments to Annual Agreements for Professional On -Call Services for the Various Needs for the Department of Public Works, Capital Improvement Program (CIP) Division for Fiscal Year 2017-18 RECOMMENDATION: 6.1 That the City Council approve the Amendments to Annual Agreements for Professional On -Call Services, in the amounts stated, for various needs for the Department of Public Works, Capital Improvement Program (CIP) Division for Fiscal Year 2017-18, as follows: Property Acquisition Services Interwest Consulting Group, Inc. — Second Amendment $60,000 Paragon Partners Ltd. — Second Amendment $60,000 3 Geotechnical and Material Testing Services Construction Testing & Engineering, Inc. — Second Amendment $200,000 Geocon West, Inc. — Second Amendment $200,000 Leighton Consulting, Inc. — Third Amendment $200,000 Engineering, Survey, and Environmental Services David Evans and Associates, Inc. — Second Amendment $200,000 Dokken Engineering — Second Amendment $200,000 Michael Baker International, Inc. — Third Amendment $200,000 Title and Escrow Services Chicago Title Company — Third Amendment $30,000 7 Approve the Department of California Highway Patrol Agreement for Construction Zone Enhanced Enforcement Program Services for the Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 RECOMMENDATION: 7.1 Approve the Department of California Highway Patrol Agreement Number 17R685000, in the amount of $102,536, for Construction Zone Enhanced Enforcement Program (COZEEP) services for the Interstate 15 / State Route 79 South Ultimate Interchange, Project No. PW04-08; 7.2 Authorize the City Manager to execute the Agreement. 8 Approve the First Amendment to the Agreement for Consultant Services with CASC Engineering and Consulting, Inc. for Temecula Park and Ride, PW06-09 RECOMMENDATION: 8.1 That the City Council approve the First Amendment to the Agreement for Consultant Services with CASC Engineering and Consulting, Inc., in the amount of $23,375, to provide additional storm water compliance services for the Temecula Park and Ride, PW06-09. 9 Approve the Agreements for Consultant Services with Wallace & Associates Consulting, Inc., CivilSource, Inc., and FALCON Engineering Services, Inc. for On -Call Construction Management Services for Fiscal Year 2017-18 RECOMMENDATION: 9.1 That the City Council approve the Agreements for Consultant Services with Wallace & Associates Consulting, Inc., CivilSource, Inc., and FALCON Engineering Services, Inc., in the amount of $200,000 each, for On -Call Construction Management Services for Fiscal Year 2017-18. 4 10 Approve the BEYOND Framework Fund Program Funding Agreements with Western Riverside Council of Governments (WRCOG) for Nine Projects RECOMMENDATION: 10.1 That the City Council approve the BEYOND Framework Fund Program Funding Agreements with Western Riverside Council of Governments (WRCOG) for the BEYOND Core and BEYOND Team Program Categories for Nine Projects. ******************** 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 ******************** 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: CSD 17-01 Resolution: CSD 17-04 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to 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 may 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 may 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. 11 Approve the Action Minutes of June 27, 2017 RECOMMENDATION: 11.1 That the Board of Directors approve the action minutes of June 27, 2017. CSD PUBLIC HEARING Any person may submit written comments to the Community Services District before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 12 Approve Temecula Community Services District Proposed Rates and Charges for Fiscal Year 2017-18 RECOMMENDATION: 12.1 That the Board of Directors adopt a resolution entitled: 6 RESOLUTION NO. CSD 17- 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 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 2017-18 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, July 25, 2017, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 7 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — No Meeting TEMECULA HOUSING AUTHORITY — No Meeting TEMECULA PUBLIC FINANCING AUTHORITY — No Meeting RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 13 Conduct Public Hearing No. 4 Regarding the Transition from At -Large to By -District Elections RECOMMENDATION: 13.1 That the City Council conduct the final of four public hearings to receive public comments regarding the transition from at -large to by -district elections for members of the City Council. CITY COUNCIL BUSINESS 14 Introduce an Ordinance Amending the Temecula Municipal Code Providing for the Election of City Council Members By District, Establishing District Boundaries, Identifying District Numbers and Establishing the Election Order of Each District RECOMMENDATION: 14.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.08 OF THE TEMECULA MUNICIPAL CODE PROVIDING FOR THE ELECTION OF FIVE MEMBERS OF THE CITY COUNCIL BY DISTRICTS, ESTABLISHING THE BOUNDARIES AND IDENTIFICATION NUMBER OF EACH DISTRICT, AND ESTABLISHING THE ELECTION ORDER OF EACH DISTRICT BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT 8 ADJOURNMENT Next regular meeting: Tuesday, July 25, 2017, 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 and public Closed Session information) 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 — TemeculaCA.gov — 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 — TemeculaCA.qov — and will be available for public review at the respective meeting. 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O Q. .9. .- -10)� 464 '-f, National C Maryann Edwards, Mayor Randi Johl, City Clerk City of Temecula Certiflcate of Recognition Presented on behalf of the City Council and the citizens of the City of Temecula to: Tyler K Senior Class of 2017 National Charity League Temecula Valley Chapter National Charity League (NCL, Inc.) is a nonprofit organization whose mission is to foster mother -daughter relationships in a philanthropic organization committed to community service leadership development and cultural experiences. Tyler Kamashian participated in NCL's senior leadership project "Service from the Heart", a military baby shower for expectant families at Camp Pendleton. She dedicated her time volunteering for Champions Baseball and served as Vice President of Leadership. Tyler enjoyed participating in the junior showcase and spending quality time with her mom. Tyler's future plans include attending Cal Poly San Luis Obispo to major in business. We congratulate Tyler on her graduation from Linfield Christian High School and for her exemplary service to the National Charity League and to our community. We wish her continued success in her promising and bright future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this eleventh day of July, 2017. Maryann Edwards, Mayor Randi Johl, City Clerk i� City of Temecula Certiflcate of Recognition Presented on behalf of the City Council and the citizens of the City of Temecula to: .Hannah Kaufman Senior Class of 2017 National Charity League Temecula Valley Chapter National Charity League (NCL, Inc.) is a nonprofit organization whose mission is to foster mother-daughter relationships in a philanthropic organization committed to community service leadership development and cultural experiences. Hannah Kaufman participated in NCL's senior leadership project "Service Imm the Heart", a military baby shower for expectant families at Camp Pendleton. She dedicated her time volunteering for Champions Baseball and served as President. Hannah enjoyed participating in the senior leadership project, spending time with her mom, and the relationships she formed. Hannah's future plans include Washington State University to major in sports management. We congratulate Hannah on her graduation from Temecula Valley High School and for her exemplary service to the National Charity League and to our community. We wish her continued success in her promising and bright future. IN WITNESS WHEREOF, 1 have hereunto affixed my hand and official seal this eleventh day of July, 2017. Maryann Edwards, Mayor Randi Johl, City Clerk City of Temecula Certificate of Recognition Presented on behalf of the City Council and the citizens of the City of Temecula to: McKen n a Masson e Senior Glass of 2017 National Charity League Temecula Valley Chapter National Charity League (NCL, Inc.) is a nonprofit organization whose mission is to foster mother-daughter relationships in a philanthropic organization committed to community service leadership development and cultural experiences. McKenna Massone participated in NCL's senior leadership project "Service from the Heart", a military baby shower for expectant families at Camp Pendleton. She dedicated her time volunteering for Champions Baseball and served as Recording Secretary. McKenna enjoyed participating in the senior leadership project, planning the senior recognition, and contributing to the community with her peers, alongside their moms. McKenna's future plans include attending Arizona State University to earn a master's degree in athletic training to be an athletic trainer for the NFL. We congratulate McKenna on her graduation from Linfield Christian High School and for her exemplary service to the National Charity League and to our community. We wish her continued success in her promising and bright future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this eleventh day of July, 2017. Maryann Edwards, Mayor Randi Johl, City Clerk •1 1 1 City of Temecula Certificate of Recognition Presented on behalf of the City Council and the citizens of the City of Temecula to: Macey S Senior Class of '2017 National Charity League Temecula Valley Chapter National Charity League (NCL, Inc.) is a nonprofit organization whose mission is to foster mother-daughter relationships in a philanthropic organization committed to community service leadership development and cultural experiences. Macey Sparks participated in NCL's senior leadership project "Service from the Heart", a military baby shower for expectant families at Camp Pendleton. She dedicated her time volunteering for Hope's Community Closet and served as Parliamentarian. Macey enjoyed participating in the junior fashion show and developing leadership qualities and responsibilities. Macey's future plans include attending Harding University to major in biology. We congratulate Macey on her graduation from Great Oak High School and for her exemplary service to the National Charity League and to our community. We wish her continued success in her promising and bright future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this eleventh day of July, 2017. Maryann Edwards, Mayor Randi Johl, City Clerk - sl'a Q W c4°' csft- d y tiJ co) co • 0,4 Senior class of 2017 National Charity League Temecula Valley Chapter o 0 .� = cif cd >1> os V = as -cs 'L -^ W N N A ice+ O •U j, y.. U p O `8 as N y s.. N W° 2 bA N s -S �= O o �.o 0 7 3 b 9 p a0a rn N cl L4 O T >,' ao vF tiO C¢' 3� �� •> aa >1 0)' ai o C1.C'd 'C3 U U 3 y 0 Uz v�o .112 ,2U • , .N .0 (• y y N to Q, N U b a X N J ,. O act 0 �.v—oUi a, p>, , (a .N0 O 0. t,U au 0 - •.-' ° o p•- U a, N to R+ U o O O1) z 3 cuo 00 °' o 0 ct �n�cnbo0 8'ac9 u �� >,�oz`� m o C7 ct UN O ct�bA O (1., t p . O °p .¢, •.. UctN tri 'V CCS m N c) Randi Johl, City Clerk CITY COUNCIL CONSENT Item No. 1 Approvals City Attorney Finance Director City Manager ..! CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: July 11, 2017 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 27, 2017 — 7:00 PM 6:00 PM - The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1. Conference with Legal Counsel — Pending Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: Los Ranchitos Homeowners Association v. City of Temecula, Riverside County Superior Court No. RIC1512880. 2. Conference with Legal Counsel — Pending Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. At 6:00 PM 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 7:03 PM CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Joseph Campbell Invocation: Carolyn Lewis of Baha'is of Temecula Flag Salute: Council Member Mike Naggar ROLL CALL: Comerchero, Naggar, Rahn, Stewart, Edwards PRESENTATIONS/PROCLAMATIONS Presentation of Certificates of Recognition to Brady Johnson & Breanne Reed for Donations to the Rose Again Foundation Action Minutes 062717 1 PUBLIC COMMENTS The following individuals addressed the City Council: • Richard Dierking • Gloria Whittington CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of June 13, 2017 - Approved Staff Recommendation (3-0-2, Council Member Naggar and Council Member Stewart abstained) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Rahn and Edwards, with Council Member Naggar and Council Member Stewart abstaining because they did not attend the June 13, 2017 City Council Meeting. RECOMMENDATION: 2.1 That the City Council approve the Action Minutes and Joint Meeting Action Minutes of June 13, 2017. 3 Approve List of Demands - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the First Amendment to the Agreement for Consultant Services with Hinderliter Action Minutes 062717 2 de Llamas and Associates for Sales Tax Consulting and Recovery Fee Services - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 4.1 That the City Council approve the First Amendment to the Agreement for Consultant Services with Hinderliter de Llamas and Associates (HdL), to extend the agreement for two additional years for sales tax consulting and recovery fee services in the amount of $8,954 annually, for a total five-year agreement of $43,108. 5 Approve the First Amendment to the Agreement for Consultant Services with HDL Coren & Cone, Inc. for Property Tax Consulting Services - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 5.1 That the City Council approve the First Amendment to the Agreement for Consultant Services with HDL Coren & Cone, Inc., to extend the agreement for two additional years for property tax consulting services in the amount of $22,386 annually, for a total five-year agreement amount of $107,772. 6 Approve a Three -Year Agreement for Consultant Services with Buxton Company, dba Buxton for Retail Recruitment Support and Assistance, Visitor Insights Data, and Scout Solution Access - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 6.1 That the City Council approve a three-year Agreement for Consultant Services with Buxton Company, dba Buxton, in the amount of $110,000 over a three-year period, for Retail Recruitment Support and Assistance, Visitor Insights Data and Scout Solutions access. 7 Approve an Agreement for Consultant Services with Esgil Corporation for Plan Review Services for Fiscal Year 2017-18 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: Action Minutes 062717 3 7.1 That the City Council approve an Agreement for Consultant Services with Esgil Corporation, in the amount of $200,000, for Plan Review Services for Fiscal Year 2017-18. 8 Approve an Exclusive Negotiating Agreement (ENA) Between the City and The Stephen A. Bieri Company, Inc., for the Potential Purchase of the City -owned Diaz Road Property (APN: 909-370-049 & 909-370-050) (Subject Property) - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 8.1 That the City Council approve an Exclusive Negotiating Agreement (ENA) between the City and The Stephen A. Bieri Company, Inc., for the potential purchase of the City -owned Diaz Road property (APN: 909-370-049 & 909-370- 050) (Subject Property). 9 Approve a Three -Year Agreement for Consultant Services with Leighton Consulting, Inc. for Geotechnical Engineering Services (Plan Review) - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 9.1 That the City Council approve a three-year Agreement for Consultant Services with Leighton Consulting, Inc., for $75,000 annually, for a total agreement amount of $225,000, for geotechnical engineering services (plan review) through FY 2019-20. 10 Approve a Reimbursement Agreement with Hope Lutheran Church of Temecula for Undergrounding Utilities Along Vallejo Avenue - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 10.1 That the City Council approve a Reimbursement Agreement with Hope Lutheran Church of Temecula for undergrounding utilities along the frontage of the Charter School parcel located at 29141 Vallejo Avenue. 11 Approve the First Amendment to the Agreement for Consultant Services with KRW & Action Minutes 062717 4 Associates for Engineering Plan Check, Map and Legal Description Review for Fiscal Year 2017-18 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 11.1 That the City Council approve the First Amendment to the Agreement for Consultant Services with KRW & Associates, in the amount of $25,000, for Engineering Plan Check, Map and Legal Description Review for Fiscal Year 2017-18. 12 Approve the First Amendment to the Agreement for Consultant Services with CASC Engineering & Consulting, Inc. for Environmental Compliance Services - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 12.1 That the City Council approve the First Amendment to the Agreement for Consultant Services with CASC Engineering & Consulting, Inc., in the amount of $30,000, for additional environmental compliance services. 13 Approve the Fourth Amendment to the Contract with Pacific Striping, Inc., for Citywide Repainting of Traffic Striping, PW13-04 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 13.1 Approve the Fourth Amendment to the Contract with Pacific Striping, Inc., in the amount of $278,150, for Citywide Repainting of Traffic Striping, PW13-04; 13.2 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. 14 Approve the Amendments to the Annual Agreements for Various On -Call Traffic Engineering -Related Services for Fiscal Year 2017-18 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: Action Minutes 062717 5 14.1 That the City Council approve the Amendments to the Annual Agreements, in the amounts specified, for Various On -Call Traffic Engineering -Related Services for Fiscal Year 2017-18, as follows: Crosstown Electrical & Data, Inc. Second Amendment $30,000 DDL Traffic, Inc. First Amendment $30,000 Willdan Engineering Third Amendment $30,000 15 Summarily Vacate Restricted Access Along a Portion of Dendy Parkway at Lot 1 of Tract Map 35181 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 15.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE RESTRICTED ACCESS ALONG A PORTION OF DENDY PARKWAY AT LOT 1 OF TRACT MAP 35181, PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE RECESS: At 7:31 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and the Successor Agency to the Temecula Redevelopment Agency Meeting. At 7:34 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING The following individuals addressed the City Council on Item 18: • Ira Robinson • Martha Howard • David Matics • Cecile Nelson 18 Conduct Public Hearing No. 3 Regarding the Transition from At -Large to By -District Elections — Receive report. Action Minutes 062717 6 RECOMMENDATION: 18.1 That the City Council conduct the third of four public hearings to receive public comments regarding the transition from at -large to by -district elections for members of the City Council. CITY COUNCIL BUSINESS 19 Approve an Amendment to the CaIPERS Contract to Provide for Sharing Employer Cost by Classic Local Miscellaneous Members in the Management and Confidential Employees Group 19.1, 19.3 and 19.4 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Stewart; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. 19.2 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 17-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF TEMECULA 19.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 17-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF TEMECULA 19.3 Certify CaIPERS Form CON -12, Certification of Governing Body's Action; Action Minutes 062717 7 19.4 Certify CaIPERS Form CON -500, Certification of Compliance with Government Code Section 20516. DEPARTMENTAL REPORTS 20 Community Development Department Monthly Report 21 Fire Department Monthly Report 22 Police Department Monthly Report 23 Public Works Department Monthly Report BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported there were no reportable actions in regards to the Closed Session items. ADJOURNMENT At 8:25 PM, the City Council meeting was formally adjourned to Tuesday, July 11, 2017, 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 Honor of Carlos Victor Ganzon Sibayan Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Action Minutes 062717 8 Item No. 3 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: July 11, 2017 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Accounting Manager Pam Espinoza, Accounting Specialist RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 17- 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. 17- 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 $9,087,650.81. 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 11th day of July, 2017. Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of July, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 06/15/2017 TOTAL CHECK RUN: $ 7,981,960.31 06/22/2017 TOTAL CHECK RUN: 643,801.51 06/15/2017 TOTAL PAYROLL RUN: 461,888.99 TOTAL LIST OF DEMANDS FOR 07/11/2017 COUNCIL MEETING: $ 9,087,650.81 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 4,066,581.07 125 PEG PUBLIC EDUCATION & GOVERNMENT 99.95 135 BUSINESS INCUBATOR RESOURCE 2,945.11 140 COMMUNITY DEV BLOCK GRANT 240.30 165 AFFORDABLE HOUSING 2,964.30 170 MEASURE A FUND 11,650.00 190 TEMECULA COMMUNITY SERVICES DISTRICT 201,690.99 192 TCSD SERVICE LEVEL B STREET LIGHTS 73,369.72 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 3,750,877.95 196 TCSD SERVICE LEVEL 'Z" LAKE PARK MAINT. 5,684.78 197 TEMECULA LIBRARY FUND 13,591.35 210 CAPITAL IMPROVEMENT PROJECTS FUND 275,365.59 300 INSURANCE FUND 3,915.25 320 INFORMATION TECHNOLOGY 47,053.87 330 CENTRAL SERVICES 10,282.86 340 FACILITIES 54,935.53 501 SERVICE LEVEL"C'ZONE 1 SADDLEWOOD 5,506.32 502 SERVICE LEVEL"C'ZONE 2 WINCHESTER CREEK 939.47 503 SERVICE LEVEL"C'ZONE 3 RANCHO HIGHLANDS 1,446.23 504 SERVICE LEVEL"C'ZONE 4 THE VINEYARDS 27.91 505 SERVICE LEVEL"C'ZONE 5 SIGNET SERIES 231.90 506 SERVICE LEVEL"C'ZONE 6 WOODCREST COUNTRY 32.46 507 SERVICE LEVEL"C'ZONE 7 RIDGEVIEW 993.68 508 SERVICE LEVEL'C''ZONE 8 VILLAGE GROVE 590.73 509 SERVICE LEVEL"C'ZONE 9 RANCHO SOLANA 24.12 510 SERVICE LEVEL"C'ZONE 10 MARTINIQUE 27.11 511 SERVICE LEVEL"C'ZONE 11 MEADOWVIEW 26.00 512 SERVICE LEVEL"C'ZONE 12 VINTAGE HILLS 1,251.73 513 SERVICE LEVEL"C'ZONE 13 PRESLEY DEVELOP. 1,856.13 514 SERVICE LEVEL"C'ZONE 14 MORRISON HOMES 76.96 515 SERVICE LEVEL'C''ZONE 15 BARCLAY ESTATES 29.45 516 SERVICE LEVEL"C'ZONE 16 TRADEWINDS 61.28 517 SERVICE LEVEL"C'ZONE 17 MONTE VISTA 24.78 518 SERVICE LEVEL"C'ZONE 18 TEMEKU HILLS 11,469.69 519 SERVICE LEVEL"C'ZONE 19 CHANTEMAR 517.02 520 SERVICE LEVEL"C'ZONE 20 CROWNE HILL 231.23 521 SERVICE LEVEL"C'ZONE 21 VAIL RANCH 30,296.67 522 SERVICE LEVEL"C'ZONE 22 SUTTON PLACE 26.63 523 SERVICE LEVEL"C'ZONE 23 PHEASENT RUN 477.21 524 SERVICE LEVEL"C'ZONE 24 HARVESTON 3,070.06 525 SERVICE LEVEL"C'ZONE 25 SERENA HILLS 6,652.63 526 SERVICE LEVEL"C'ZONE 26 GALLERYTRADITION 904.46 527 SERVICE LEVEL"C'ZONE 27 AVONDALE 26.94 528 SERVICE LEVEL"C'ZONE 28 WOLF CREEK 37,666.68 529 SERVICE LEVEL"C'ZONE 29 GALLERY PORTRAIT 27.72 $ 8,625,761.82 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 278,880.83 140 COMMUNITY DEV BLOCK GRANT 400.59 165 AFFORDABLE HOUSING 2,892.24 190 TEMECULA COMMUNITY SERVICES DISTRICT 123,448.44 192 TCSD SERVICE LEVEL B STREET LIGHTS 241.48 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 2,197.94 196 TCSD SERVICE LEVEL 'Z" LAKE PARK MAINT. 107.38 197 TEMECULA LIBRARY FUND 1,045.67 300 INSURANCE FUND 1,844.56 320 INFORMATION TECHNOLOGY 30,765.38 330 CENTRAL SERVICES 4,202.76 340 FACILITIES 14,888.25 501 SERVICE LEVEL"C'ZONE 1 SADDLEWOOD 35.82 502 SERVICE LEVEL'C'ZONE 2 WINCHESTER CREEK 23.83 503 SERVICE LEVEL"C'ZONE 3 RANCHO HIGHLANDS 28.36 504 SERVICE LEVEL'C''ZONE 4 THE VINEYARDS 5.00 505 SERVICE LEVEL"C'ZONE 5 SIGNET SERIES 58.11 506 SERVICE LEVEL"C'ZONE 6 WOODCREST COUNTR 10.22 507 SERVICE LEVEL"C'ZONE 7 RIDGEVIEW 14.54 508 SERVICE LEVEL"C'ZONE 8 VILLAGE GROVE 98.82 509 SERVICE LEVEL"C'ZONE 9 RANCHO SOLANA 0.63 510 SERVICE LEVEL"C'ZONE 10 MARTINIQUE 4.20 511 SERVICE LEVEL"C'ZONE 11 MEADOWVIEW 2.41 512 SERVICE LEVEL"C'ZONE 12 VINTAGE HILLS 65.72 513 SERVICE LEVEL"C'ZONE 13 PRESLEY DEVELOP. 13.79 514 SERVICE LEVEL"C'ZONE 14 MORRISON HOMES 7.68 515 SERVICE LEVEL"C'ZONE 15 BARCLAY ESTATES 6.71 516 SERVICE LEVEL"C'ZONE 16 TRADEWINDS 16.17 517 SERVICE LEVEL"C'ZONE 17 MONTE VISTA 1.04 518 SERVICE LEVEL"C'ZONE 18 TEMEKU HILLS 60.84 519 SERVICE LEVEL"C'ZONE 19 CHANTEMAR 32.54 520 SERVICE LEVEL"C'ZONE 20 CROWNE HILL 88.57 521 SERVICE LEVEL"C ZONE 21 VAIL RANCH 150.14 522 SERVICE LEVEL"C'ZONE 22 SUTTON PLACE 3.24 523 SERVICE LEVEL"C'ZONE 23 PHEASENT RUN 3.62 524 SERVICE LEVEL"C'ZONE 24 HARVESTON 84.22 525 SERVICE LEVEL"C'ZONE 25 SERENA HILLS 26.96 526 SERVICE LEVEL"C'ZONE 26 GALLERYTRADITION 0.70 527 SERVICE LEVEL"C'ZONE 27 AVONDALE 3.62 528 SERVICE LEVEL"C'ZONE 28 WOLF CREEK 124.44 529 SERVICE LEVEL"C'ZONE 29 GALLERY PORTRAIT 1.53 461,888.99 TOTAL BY FUND: $ 9,087,650.81 apChkLst Final Check List 06/15/2017 9:48:32AM CITY OF TEMECULA Page: 1 Bank : union UNION BANK Check # Date Vendor Description 3385 06/15/2017 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT SUPPORT Amount Paid Check Total 1,008.45 1,008.45 3386 06/15/2017 000194 I CMA RETIREMENT -PLAN I CMA RETIREMENT TRUST 457 9,150.18 9,150.18 303355 PAYMENT 3387 06/15/2017 000444 INSTATAX (EDD) STATE TAXES PAYMENT 27,646.20 27,646.20 3388 06/15/2017 000283 INSTATAX (IRS) FEDERAL INCOME TAXES PAYMENT 100,397.38 100,397.38 3389 06/15/2017 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 4,197.25 4,197.25 SOLUTION PAYMENT 3390 06/15/2017 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 8,474.72 8,474.72 SOLUTION 3391 06/15/2017 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT 442.44 442.44 SOLUTION PAYMENT 3392 06/15/2017 000246 PERS (EMPLOYEES' PERS EMPLOYEE RETIREMENT 38,022.71 38,022.71 RETIREMENT) PAYMENT 3393 06/13/2017 000621 WESTERN RIVERSIDE MAY '17TUMF PAYMENT 138,421.64 138,421.64 COUNCIL OF 3394 06/15/2017 001035 C R & R INC JAN - JUN '17 TRASH HAULING 3,749,530.56 3,749,530.56 SERVICES 183357 06/12/2017 001365 RIVERSIDE, COUNTY OF PLN CK FEE, PACKAGED FOOD 180.00 180.00 SALES:C.MUS. 183358 06/15/2017 019928 ACEVES, AUDREY REFUND:SEC DEP:PICNIC 200.00 200.00 RENTAL:HARVESTON 183359 06/15/2017 015217 AIRGAS, INC. DRY ICE FOR 18.98 EXPERIMENTS:PENNYPICKLE'S DRY ICE FOR EXPERIMENTS:PENNYPIC 10.82 29.80 183360 06/15/2017 013015 ALWAYS RELIABLE BACKFLOW BACKFLOW REPAIRS:VINTAGE HILLS 898.00 SLOPE BACKFLOW REPAIRS: VARIOUS FACILITI 1,398.00 2,296.00 Pagel apChkLst Final Check List 06/15/2017 9:48:32AM CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor 183361 06/15/2017 007282 AMAZON.COM, INC Description Amount Paid Check Total misc small tools & eqip:Summer Day 106.47 Camp SUPPLIES:CRC TEEN ZONE 101.73 BOOKS/COLLECTIONS: LI BRARY 105.24 SUPPLIES:SUMMER DAY CAMP 93.12 SUPPLIES:SUMMER DAY CAMP 21.98 SUPPLIES:SUMMER DAY CAMP 38.70 BOOKS/COLLECTIONS: LI BRARY 434.05 SUPPLIES:SUMMER DAY CAMP 24.95 SUPPLIES:SUMMER DAY CAMP 39.78 MISC ITEMS:HUMAN SERVICES 334.34 REFUND: PACKAGES NOT RECEIVED -95.66 SUPPLIES:SUMMER DAY CAMP 27.16 BOOKS/COLLECTIONS:LI BRARY 217.45 MISC ITEMS:HUMAN SERVICES 98.13 183362 06/15/2017 000936 AMERICAN RED CROSS CERTIFICATIONS CARDS:AQUATICS 1,547.44 70.00 70.00 183363 06/15/2017 000101 APPLE ONE INC MAY TEMP STAF. SVCS: SUPP SVCS & 4,222.80 CLERK 183364 06/15/2017 018249 ASI ASSOCIATES INC SUPPLIES:EXHI BITS/EXPERIMENTS: 67.54 PPWS 183365 06/15/2017 018941 AZTEC LANDSCAPING, INC. 183366 06/15/2017 011954 BAKER & TAYLOR INC 183367 06/15/2017 010903 BARNETT, BEA 183368 06/15/2017 017788 BARTEL ASSOCIATES, LLC 183369 06/15/2017 013482 BAS SECURITY 183370 06/15/2017 005665 BLACK'S TOWING 183371 06/15/2017 012583 BLANCAY PRICE JANITORIAL MAINT: PARK RESTROOMS MAY POWERWASHING SRVCS: VAR RES MAY 17 RESTROOM MAINT SRVCS:VAR I 774.74 989.92 6,149.18 4,222.80 67.54 7,913.84 RECORDS ON TAPE 32.80 BOOK COLLECTIONS:LIBRARY 41.42 BOOK COLLECTIONS:LIBRARY 117.38 BOOK COLLECTIONS:LIBRARY 41.87 BOOK COLLECTIONS:LIBRARY 377.38 BOOK COLLECTIONS:LIBRARY 255.94 866.79 2017 ANNUAL CONF:CA PRESENTERS 156.01 156.01 CONSULTING SRVCS:FINANCE DEPT 1,977.75 1,977.75 SECURITY SRVCS:VAR TCSD 1,911.20 1,911.20 FACILITIES TOWING SRVCS: TEMECULA POLICE 45.00 45.00 MAY 17 LDSCP PLAN CK & INSP. SVCS 6,870.02 APR 17 LDSCP PLAN CK & INSP. SVCS 1,160.00 8,030.02 Page2 apChkLst Final Check List 06/15/2017 9:48:32AM CITY OF TEMECULA Page: 3 Bank : union UNION BANK (Continued) Check # Date Vendor 183372 06/15/2017 018408 BOB CALLAHAN'S POOL SERVICE Description APR MAI NT SVCS FOR POOLS:CRC & TES MAY MAINT SVCS FOR POOLS:CRC & TE MAY FOUNTAIN MAINT: TOWN SQUARE Amount Paid Check Total 1,050.00 1,260.00 925.00 3,235.00 183373 06/15/2017 011348 BONCOR WATER SYSTEMS MONTHLY WATER TANK FILTER REPL: 254.00 254.00 LLC STA73 183374 06/15/2017 008605 BONTERRA PSOMAS 3/31-4/27 CNSLT SVCS:PECHANGA PKWY ENV 183375 06/15/2017 004556 CALIF PLANNING & DEVEL '17 SUBSCRIPTION: BLDG & SAFETY REPORT 183376 06/15/2017 009640 CERTIFION CORPORATION MAY 17 ONLINE DATABASE SBSCRPTN-POLICE 2,873.75 2,873.75 238.00 238.00 150.00 150.00 183377 06/15/2017 019814 CODE 5 GROUP, LLC selaed case slap on tracker w/extended 996.00 996.00 183378 06/15/2017 018396 COLLABORATIVE LEARNING REFUND:SEC DEP:RM RENTAL:CONT CTR A/B 200.00 200.00 183379 06/15/2017 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS 24.00 24.00 CHARITIES, C/O WELLS FARGO PAYMENT BANK 183380 06/15/2017 000442 COMPUTER ALERT SYSTEMS ALARM MONITORING: STA 95 183381 06/15/2017 000447 COMTRONIX VEH EMERG LIGHT REPAIRS: SRVC COMMUNICATIONS TRUCKS 156.56 156.56 150.00 150.00 183382 06/15/2017 002945 CONSOLIDATED ELECTRICAL MISC ELECTRICAL SUPPLIES: FOC 391.50 DIST. MISC ELECTRICAL SUPPLIES: MAINT FAo 206.99 598.49 183383 06/15/2017 011922 CORELOGIC, INC. MAY 17 PROPERTY I.D. SFTWR: CODE 240.50 240.50 ENF 183384 06/15/2017 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 630.00 630.00 183385 06/15/2017 001264 COSTCO TEMECULA #491 MISC SUPPLIES: PREV/STA/TCC 776.99 776.99 183386 06/15/2017 004329 COSTCO TEMECULA#491 Supplies for Art Festival, Movies, 475.40 SUPPLIES:HIGH HOPES PROGRAM 215.41 CRC REC SUPPLIES 739.59 MISC SUPPLIES:THEATER HOSPITALITY 35.99 1,466.39 Page3 apChkLst Final Check List 06/15/2017 9:48:32AM CITY OF TEMECULA Page: 4 Bank : union UNION BANK (Continued) Check # Date Vendor 183387 06/15/2017 010650 CRAFTSMEN PLUMBING & HVAC INC Description PUMP:CONTROLLER REPAIR: SPLASH PAD PLUMBING SRVCS: BIRDSALL SPORTS F PLUMBING: WOMEN'S RESTROOM: PBSI PLUMBING: ICE MACHINE REPAIR: PBSF PLUMBING REPAIRS:HARV:BIRDSALL PA INSTALL PUMP: MARG SPLASH PAD PLUMBING SRVCS: VARIOUS PARKS PLUMBING: FIRE STATION 84 PLUMBING - STA 84 PLUMBING: OVERLAND TRAINING CTR install restroom parts: old town rehab INSTALL LIGHT POLES:OLD TOWN REHA PLUMBING SRVC: RRSP SKATE PARK 183388 06/15/2017 018491 CRONBERG PHOTOGRAPHY TCSD INSTRUCTOR EARNINGS Amount Paid Check Total 3,080.00 122.50 130.00 130.00 280.00 1,210.00 185.00 244.49 1,540.67 943.23 16,670.00 9,625.00 137.50 34,298.39 224.00 224.00 183389 06/15/2017 000209 CROP PRODUCTION SERVICES MAINT SUPPLIES: PW STREET MAINT 195.71 DIV EQUIPMENT MAINTENANCE: STA 12 145.40 341.11 183390 06/15/2017 001393 DATA TICKET, INC. MAY 17 PARKING CITATION 1,401.75 1,401.75 PROCESSING 183391 06/15/2017 002990 DAVID TURCH &ASSOCIATES Federal Legislative Lobbyist Agreement 183392 06/15/2017 004192 DOWNS ENERGY FUEL& LUBRICANTS 183393 06/15/2017 003572 EAGLE AERIAL PHOTOGRAPHY, INC. 3,500.00 3,500.00 FUEL FOR CITY VEHICLES: TCSD 418.47 FUEL FOR CITY VEHICLES: BLDG & SAFE 261.05 FUEL FOR CITY VEHICLES: POLICE DEP' 58.09 FUEL FOR CITY VEHICLES: PUBLIC WOF 214.86 FUEL FOR CITY VEHICLES: CODE ENFOI 131.62 FUEL FOR CITY VEHICLES: PUBLIC WOF 914.98 FUEL FOR CITY VEHICLES: TRAFFIC DIV 231.27 FUEL FOR CITY VEHICLES: LAND DEV 147.95 FUEL FOR CITY VEHICLES: PUBLIC WOF 628.63 3,006.92 AERIAL IMAGERY DATA:GIS 6,100.00 6,100.00 183394 06/15/2017 002390 EASTERN MUNICIPAL WATER MAY WATER METER:32131 S LOOP RD 49.81 DIST DCDA MAY WATER METER:32131 S LOOP RD L 324.47 374.28 183395 06/15/2017 013367 ELECTRO INDUSTRIAL SUPPLY MISC SMALL TOOLS & EQUIP: PW 573.82 573.82 TRAFFIC Page4 apChkLst Final Check List 06/15/2017 9:48:32AM CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor 183396 06/15/2017 001056 EXCEL LANDSCAPE, INC. 183397 06/15/2017 019469 FALCON ENGINEERING SERVICES 183398 06/15/2017 000165 FEDERAL EXPRESS INC 183399 06/15/2017 002982 FRANCHISE TAX BOARD 183400 06/15/2017 002982 FRANCHISE TAX BOARD 183401 06/15/2017 002982 FRANCHISE TAX BOARD Description Amount Paid Check Total IRRIGATION REPAIRS: VARIOUS 472.66 MEDIANS IRRIG REPAIRS: VILLAGES & VAR SLOPE 700.48 irrig repairs:senior ctr:var facilities 795.85 IRRIG REPAIR: REDHAWK COMM PARK 311.22 IRRIGATION REPAIR: PRESLEY SLOPE 87.82 IRRIG SMARTLINE: VAIL RANCH SLOPE 26,400.00 LDSCP IMPROVEMENTS:TEM DUCK PON 2,330.00 IRRIGATION REPAIRS: VARIOUS PARKS 2,187.31 irrig smartline:gallery traditions 880.00 34,165.34 MAY 17 CONST MGMT SRVCS: 66,793.66 66,793.66 PW04-08 5/25 EXP. MAIL SVCS: CITY CLERK 19.57 19.57 SUPPORT PAYMENT 453.03 453.03 SUPPORT PAYMENT 150.00 150.00 SUPPORT PAYMENT 126.00 126.00 183402 06/15/2017 018858 FRONTIER CALIFORNIA, INC. MAY INTERNET SVCS:EXT DMV 112.86 LINE:COMDEV MAY INTERNET SVCS:FIRE STN 95 121.57 MAY INTERNET SVCS:C. MUSEUM, GIFT 129.49 MAY INTERNET SVCS:LIBRARY 11.11 MAY INTERNET SVCS:LIBRARY 11.11 MAY INTERNET SVCS:SKATE PARK 41.94 428.08 183403 06/15/2017 009097 FULL COMPASS SYSTEMS MISC EQUIP CRC 346.01 346.01 183404 06/15/2017 001937 GALLS, LLC FIRST AID SUPPLIES:AQUATICS 695.61 695.61 183405 06/15/2017 018992 GAZETTE 665 REFUND:SEC DEP:RM RENTAL:CONF 150.00 150.00 CTR A/B 183406 06/15/2017 000177 GLENNIES OFFICE PRODUCTS INC MAY 17 MISC. OFC SUPPLIES: CITY CLERK MAY 17 MISC OFC SUPPLIES: BLDG MAY 17 MISC. OFC SUPPLIES: PLANNIN( MAY 17 MISC OFC SUPPLIES:PARKS MAI MAY 17 MISC OFC SUPPLIES:VAR FIRE MAY 17 OFC SUPPLIES:CENTRAL SVCS MAY 17 MISC. OFC SUPPLIES:AQUATICS MAY 17 MISC. OFC. SUPPLIES: TVE2 & E 45.11 1,194.57 272.81 234.77 1,277.58 207.33 792.62 460.55 4,485.34 Pages apChkLst Final Check List 06/15/2017 9:48:32AM CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor 183407 06/15/2017 003792 GRAINGER 183408 06/15/2017 000186 HANKS HARDWARE INC Description MISC SAFETY SUPPLIES:PW STREET MAINT MISC SAFETY SUPPLIES:PW STREET M/ MISC SAFETY SUPPLIES:PW STREET M/ MISC SAFETY SUPPLIES:PW STREET M/ MISC SAFETY SUPPLIES:PW STREET M/ MISC SAFETY SUPPLIES:PW STREET M/ MISC SAFETY SUPPLIES:PW STREET M/ MAY 17 MISC TOOLS & EQUIP: PW TRAFFIC HARDWARE SUPPLIES - MEDICS HARDWARE & SUPPLIES: STA 92 HARDWARE SUPPLIES - STA. 84 MAY 17 MAINT SUPPLIES: TPL HARDWARE SUPPLIES STA: 95 HARDWARE SUPPLIES - STA. 84 HARDWARE SUPPLIES - STA. 84 HARDWARE SUPPLIES - TCC FACILITY MAINT SUPPLIES: STA 12 FACILITY MAINT SUPPLIES: STA 12 FACILITY MAINT SUPPLIES: STA 12 HARDWARE SUPPLIES: STA73 HARDWARE SUPPLIES: STA73 HARDWARE SUPPLIES: STA73 FACILITY MAINT SUPPLIES: STA 12 HARDWARE SUPPLIES: STA73 MAY 17 MISC MAI NT SUPPLIES: IWTCM MAY 17 MAINT SUPPLIES: VAR. FAC. MAY 17 MAINT SUPPLIES: OTTT HARDWARE SUPPLIES: MEDICS HARDWARE SUPPLIES: MEDICS 183409 06/15/2017 019932 HEARTSAVERS OF TEMECULA TCSD INSTRUCTOR EARNINGS 183410 06/15/2017 013749 HELIXSTORM INC. 183411 06/15/2017 003198 HOME DEPOT, THE 183412 06/15/2017 019377 HOME SCIENCE TOOLS IT INFRASTRUCTURE SUPPORT:INFO TECH BACKUP SOFTWARE:LIBRARY SMALL TOOLS & EQUIP:CIV CTR & GARAGE MAINT SUPPLIES: THEATER Amount Paid Check Total 177.93 260.79 39.66 28.33 272.30 22.66 22.66 192.99 128.83 23.69 104.01 178.80 10.60 47.82 -47.82 114.13 15.33 214.20 748.13 3.80 11.48 47.37 434.99 16.61 206.95 321.48 222.65 181.20 315.35 824.33 3,492.59 1,575.00 1,575.00 2,812.50 1,580.00 1,154.17 260.96 4,392.50 SMALL TOOLS & EQUIP:CIV CTR & GARP 926.80 2,341.93 SCIENCE MATERIALS: CHILDREN'S 495.85 495.85 MSM 183413 06/15/2017 001407 INTER VALLEY POOL SUPPLY SANITIZING CHEMICALS: VARIOUS INC POOLS 458.84 458.84 Pages apChkLst Final Check List 06/15/2017 9:48:32AM CITY OF TEMECULA Page: 7 Bank : union UNION BANK (Continued) Check # Date Vendor Description 183414 06/15/2017 019896 INTERVIEWS & REGIS:BARTLETT, HOLLINGSWORTH INTERROGATIONS, CHARLES 6/20-22 WAY LAN Amount Paid Check Total 460.00 460.00 183415 06/15/2017 014386 INT'L NAMEPLATE U.S., INC city of temecula police decals 974.15 974.15 183416 06/15/2017 015673 JDS VIDEO & MEDIA VIDEO PRODUCTION: ECO DEV 850.00 850.00 PRODUCTIONS 183417 06/15/2017 015358 KELLY PAPER COMPANY, INC. PAPER/BINDING/PCKG SUPP:CENTRAL 1,460.16 1,460.16 SRV 183418 06/15/2017 001282 KNORR SYSTEMS INC VAR MAINT EQUIP: MARG SPLASH PAD 114.94 114.94 183419 06/15/2017 017118 KRACH, BREE B. TROPHIES/AWARDS:MPSC 21.70 21.70 183420 06/15/2017 001690 LAUTZENHISERS STATIONERY Acid free paper for permanent records 650.06 650.06 INC 183421 06/15/2017 015953 LLOYDS DESIGNS GRAPHIC DESIGN SERVICES:TCSD 183422 06/15/2017 003782 MAIN STREET SIGNS 1,500.00 1,500.00 signs and supplies:pw street maint div 123.64 MISC SIGNS: CITY WIDE PARKS 178.74 302.38 183423 06/15/2017 014392 MC COLLOUGH, JILL DENISE MAY PLANTSCAPE SVCS:LIBRARY 200.00 MAY PLANTSCAPE SVCS:CIVIC CTR 500.00 700.00 183424 06/15/2017 000944 MCCAIN TRAFFIC SUPPLY INC TRAFFIC SIGNAL EQUIP: PW TRAFFIC 1,207.13 1,207.13 183425 06/15/2017 019934 MERCADO, ELENA REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 183426 06/15/2017 015259 MERCURY DISPOSAL Household battery recycling program. 468.16 468.16 SYSTEMS, INC. 183427 06/15/2017 018314 MICHAEL BAKER INT'L INC. 2/27-4/30 DSGN SVCS: PECHANGA 30,573.94 30,573.94 PKWY 183428 06/15/2017 018314 MICHAEL BAKER INT'L INC. APR 2017 DESIGN SVCS: PW17-04 3,978.09 3,978.09 183429 06/15/2017 018314 MICHAEL BAKER INT'L INC. APR 2017 DESIGN SVCS: PW15-06 1,500.00 1,500.00 183430 06/15/2017 018314 MICHAEL BAKER INT'L INC. APR 17 DESIGN & ENVIRON SVCS: 301.44 301.44 PW17-05 Page:7 apChkLst 06/15/2017 9:48:32AM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK (Continued) Check # Date Vendor 183431 06/15/2017 013443 MIDWEST TAPE LLC 183432 06/15/2017 013827 MIKO MOUNTAINLION, INC. 183433 06/15/2017 016445 MKB PRINTING & PROMOTIONAL INC 183434 06/15/2017 017956 MONOPRICE INC. 183435 06/15/2017 004586 MOORE FENCE COMPANY INC 183436 06/15/2017 019019 MUSIC CONNECTION LLC 183437 06/15/2017 017861 MYTHOS TECHNOLOGY INC 183438 06/15/2017 002925 NAPA AUTO PARTS 183439 06/15/2017 017864 NATURE WORKS SCULPTURE INC 183440 06/15/2017 015164 NATURES IMAGE, INC 183441 06/15/2017 008820 NEIGHBORS NEWSPAPER 183442 06/15/2017 001323 NESTLE WATERS NORTH AMERICA Description Misc DVD's, books on CD, audio Misc DVD's, books on CD, audio Misc DVD's, books on CD, audio DEMOLITION SRVCS: 42061 MAIN ST REMOVE SAND SILT:EMPIRE & TEM CRK PRINTING:2017 QUILT SHOW BUSINESS CARDS: PETRICKA, TAMMY BUSINESS CARDS: KUHN, STUART MISC SMALL TOOLS:IT HELP DESK HAND RAIL REPAIR:HARVESTON COM PARK TIX SALES: SPEAKEASY AT THE MERC 6/10 JUNE 17IT MONITORING SVCS: TVE2 AUTO PARTS & MISC SUPPLIES: STA 73 AUTO PARTS & MISC SUPPLIES: STA 73 PLAYGROUND EQUIP RPLCMNT: PW12-20 MAY 17 PECHANGA PKWY ENVIRON MITIGATION MAY 17 ENVIRO MITIGATION:FVP ADVERTISING: TEMECULA PRESENTS 4/23-5/22 DRINKING WATER: MRC 4/23-5/22 DRINKING WATER: TCC 4/23-5/22 DRINKING WATER: CRC 4/23-5/22 DRINKING WATER: SKATE PARI 4/23-5/22 DRINKING WATER: PBSP 4/23-5/22 DRINKING WATER: TESC POOL 4/23-5/22 DRINKING WATER: THEATER 4/23-5/22 DRINKING WATER: TPL 4/23-5/22 DRINKING WATER: TVM 4/23-5/22 DRINKING WATER: FOC 4/23-5/22 DRINKING WATER: IWTCM Amount Paid Check Total 115.34 40.44 50.12 7,000.00 11,500.00 391.52 48.27 48.27 136.21 1,627.85 880.10 100.00 48.58 49.13 6,198.75 897.75 280.25 250.00 34.01 20.38 73.34 6.45 47.20 6.51 42.19 101.17 34.79 125.42 31.21 205.90 18, 500.00 488.06 136.21 1,627.85 880.10 100.00 97.71 6,198.75 1,178.00 250.00 522.67 Page:8 apChkLst 06/15/2017 9:48:32AM Final Check List CITY OF TEMECULA Page: 9 Bank : union UNION BANK (Continued) Check # Date Vendor 183443 06/15/2017 002292 OASIS VENDING 183444 06/15/2017 003964 OFFICE DEPOT BUSINESS SVS DIV 183445 06/15/2017 002105 OLD TOWN TIRE & SERVICE 183446 06/15/2017 002105 OLD TOWN TIRE & SERVICE 183447 06/15/2017 002105 OLD TOWN TIRE & SERVICE 183448 06/15/2017 002105 OLD TOWN TIRE & SERVICE 183449 06/15/2017 002105 OLD TOWN TIRE & SERVICE 183450 06/15/2017 018952 ON GUARD FIRE PROTECTION 183451 06/15/2017 019711 OWEN GROUP, INC., OWEN DESIGN GROUP 183452 06/15/2017 017888 PACIFIC HYDROBLASTING INC 183453 06/15/2017 003697 PROJECT DESIGN CONSULTANTS 183454 06/15/2017 019015 PROJECT RADIAN Description KITCHEN SUPPLIES:FIELD OPS CENTER KITCHEN SUPPLIES:CIVIC CENTER KITCHEN AND COFFEE SUPPLIES:MPSC MISC OFFICE SUPPLIES: FINANCE MISC OFFICE SUPPLIES: FINANCE MISC OFFICE SUPPLIES: FINANCE MISC OFFICE SUPPLIES: FINANCE CITY VEHICLE MAINT SVCS:POLICE CITY VEHICLE MAINT SVCS:POLICE CITY VEHICLE MAINT SVCS:PARKS MAINT CITY VEHICLE MAINT SVCS:PW STREET CITY VEHICLE MAINT SVCS:PW STREET CITY VEHICLE MAINT SVCS:PARKS MAINT CITY VEHICLE MAINT SVCS:TCSD CITY VEHICLE MAINT SVCS:TCSD CITY VEHICLE MAINT SVCS:PARKS MAIN CITY VEHICLE MAINT SVCS:FIRE PREV CITY VEHICLE MAINT SVCS:FIRE PREV CITY VEHICLE MAINT SVCS:FIRE PREV CITY VEHICLE MAINT SVCS:BLDG & SAFETY REFUND:OVERPMT ON CHECK:ID#43662 APR ADA TRANSITION PLAN UPDATE SRVCS: PW RESURFACE PAINT EXTERIOR:LIBRARY REHAB POWERWASH WALKWAYS: OLD TOWN RESURFACE PAINT EXTERIOR:LIBRARY APR PLAN REVISIONS FOR OVERLAND DRIVE: P TCSD INSTRUCTOR EARNINGS 183455 06/15/2017 005075 PRUDENTIAL OVERALL MAY UNIFORM/FLR MTS/TWL SUPPLY RENTALS:PKS/C.C. Amount Paid Check Total 96.65 415.95 980.44 74.16 37.51 17.66 17.06 1,640.18 407.65 37.59 158.96 1,258.39 33.17 41.85 182.49 659.45 33.17 67.99 248.94 189.22 1.00 36, 704.00 2,680.00 2,800.00 6,475.71 4,845.51 504.00 1,493.04 146.39 2,047.83 1,454.94 916.96 350.10 189.22 1.00 36,704.00 11,955.71 4,845.51 504.00 556.38 556.38 Page9 apChkLst Final Check List 06/15/2017 9:48:32AM CITY OF TEMECULA Page: 10 Bank : union UNION BANK (Continued) Check # Date Vendor Description 183456 06/15/2017 009066 RADAR SHOP INC, THE RADAR/LIDAR REPAIR & MAINT: TEMECULA POL 183457 06/15/2017 002072 RANCHO CALIF WATER PLAN CHECK FEE: TEMECULA PARK & DIST-FEES RIDE 183458 06/15/2017 000947 RANCHO REPROGRAPHICS BLUEPRINTS AND MISC SUPPL: MARG RD 183459 06/15/2017 019927 REID, SUSAN REFUND:RETURNED LOST MATERIALS:LIBRARY Amount Paid Check Total 1,346.14 1,346.14 3,000.00 3,000.00 36.54 36.54 30.00 30.00 183460 06/15/2017 000268 RIVERSIDE CO HABITAT MAY '17 K -RAT PAYMENT 6,615.00 6,615.00 183461 06/15/2017 014710 RIVERSIDE CO REGIONAL EXCURSION:SUMMER DAY CAMP 95.00 95.00 PARK OPN 6/20/17 183462 06/15/2017 000955 RIVERSIDE CO SHERIFF SW SART EXAM: POLICE 4/3/17 900.00 900.00 STN 183463 06/15/2017 004773 RIVERSIDE CO SHERIFFS FY 16/17 BOOKING FEES 20,583.20 20,583.20 183464 06/15/2017 000406 RIVERSIDE CO SHERIFFS 03/30/17-04/26/17 LAW ENFORCEMENT 1,949,999.22 DEPT FY 16/17 RATE ADJ LAW ENFORCEMENT 944,319.51 FY 16/17 POLICE FACILITY EXPENSES 183465 06/15/2017 000406 RIVERSIDE CO SHERIFFS VEH REPAIR & MAINT: TEMECULA DEPT POLICE 183466 06/15/2017 000406 RIVERSIDE CO SHERIFFS MAR -APR '17 COURT DEPT SERVICES:POLICE 183467 06/15/2017 017699 SARNOWSKI, SHAWNA, M PHOTOGRAPHY:TEM PKWY GROUND PRESTON BREAKING 183468 06/15/2017 018012 SAUNDERS, CATHY 183469 06/15/2017 019931 SCHEPE, KELLY TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 251,046.32 3,145,365.05 650.51 650.51 416.31 416.31 150.00 150.00 261.80 285.60 302.40 302.40 301.00 REFUND:MISS CATHY'S TINY TOTS 441.00 183470 06/15/2017 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 6/8/17 1,453.20 441.00 388.50 388.50 Pagel 0 apChkLst Final Check List 06/15/2017 9:48:32AM CITY OF TEMECULA Page: 11 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 183471 06/15/2017 000645 SMART & FINAL INC SUPPLIES: ART OFF THE WALLS 6/2 376.81 183472 06/15/2017 000537 SO CALIF EDISON 183473 06/15/2017 000519 SOUTH COUNTY PEST CONTROL INC 183474 06/15/2017 012652 SOUTHERN CALIFORNIA 183475 06/15/2017 005786 SPRINT 183476 06/15/2017 000293 STADIUM PIZZA INC 183477 06/15/2017 019929 STALNECKER, SUSANNE 183478 06/15/2017 018844 STANTEC CONSULTING SERVICES 183479 06/15/2017 017051 SURACI, ANTHONY 183480 06/15/2017 003599 TY LIN INTERNATIONAL SUPPLIES: STREET PAINTING FESTIVAL 270.41 647.22 MAY 2-29-657-2332:45538 REDWOOD 25.95 RD MAY 2-29-953-8447:31738 WOLF VLY RD 24.86 MAY 2-30-220-8749:45850 N WOLF CRK C 422.76 MAY 2-31-536-3655:41904 MAIN ST 855.79 MAY 2-28-629-0507:30600 PAUBA RD 6,189.61 MAY 2-27-805-3194:42051 MAIN ST 3,366.23 MAY 2-32-903-8293:41000 MAIN ST 14,027.74 MAY 2-00-397-5067:TCSD SVC LEV C 2,012.60 MAY 2-39-737-1063:42061 MAIN ST 33.55 APR -MAY 2-29-657-2563:42902 BUTTERF 401.15 APR -MAY 2-31-936-3511:46488 PECHANG 100.18 MAY 2-35-421-1260:41955 4TH ST LS3 18.91 MAY 2-36-531-7916:44205 MAIN ST PED 163.02 MAY 2-39-043-8521:29028 OT FRONT ST 23.31 MAY 2-29-458-7548:32000 RANCHO CAL 246.41 MAY 2-31-404-6020:28771 OT FRONT ST 989.60 MAY 2-31-031-2590:28301 RANCHO CAL 19.19 MAY 2-37-303-0485:27498 ENTERPRISE C 55.60 MAY 2-02-502-8077:43210 BUS PARK DR 311.66 29,288.12 MAY PEST CONTROL SRVCS: CITY 822.00 822.00 FACILITIES JUNE GEN USAGE:0141,0839,2593,9306 567.17 567.17 APR 26 - MAY 25 CELLULAR 6,963.07 6,963.07 USAGE/EQUIP REFRESHMENTS:HUMAN SERVICES 27.45 27.45 5/31 REFUND:SEC DEP:PICNIC 200.00 200.00 RENTAL:HARVESTON APR DSGN SRVCS:BTRFIELD STAGE 425.50 425.50 RD PH III PERFORMANCE:SUMMER CONCERT 1,800.00 1,800.00 SERIES 6/15 APR CONSULTANT SRVC:F.V./I-15 65,485.94 65,485.94 OVRCSINTR Page:11 apChkLst Final Check List 06/15/2017 9:48:32AM CITY OF TEMECULA Page: 12 Bank : union UNION BANK (Continued) Check # Date Vendor Description 183481 06/15/2017 010046 TEMECULA VALLEY APR '17 BUS. IMPRV DISTRICT CONVENTION & ASMNTS Amount Paid Check Total 141,322.72 141,322.72 183482 06/15/2017 019933 TEMECULA YOUTH REFUND:CREDIT FOR GYM 896.00 896.00 RENTAL:CRC 183483 06/15/2017 016311 TIERCE, NICHOLAS GRAPHIC DESIGN SERVICES:THEATER 183484 06/15/2017 010276 TIME WARNER CABLE 3,330.00 3,330.00 JUNE HIGH SPEED INTERNET:COAX 32.41 JUNE HIGH SPEED INTERNET:LIBRARY 593.32 625.73 183485 06/15/2017 019100 TNT ENTERTAINMENT GROUP DJ & SOUND:STREET PAINTING 3,400.00 3,400.00 LLC FESTIVAL 6/9- 183486 06/15/2017 002452 TOP LINE INDUSTRIAL PW EQUIP PARTS: STREET MAINT 192.00 192.00 183487 06/15/2017 019930 TORRES, RENALDO REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 183488 06/15/2017 000278 TRONC, INC. APR PUBLIC NTCS: CITY 880.66 880.66 CLERK/PLNG/PW 183489 06/15/2017 017579 U.S. HEALTHWORKS MEDICAL PRE EMPLOY DRUG SCREENINGS:HR PRE EMPLOY DRUG SCREENINGS:HR PRE EMPLOY DRUG SCREENINGS:HR PRE EMPLOY DRUG SCREENINGS:HR 183490 06/15/2017 007766 UNDERGROUND SERVICE MAY UNDERGROUND UTILITY ALERT LOCATOR ALERTS: 461.00 692.00 681.00 701.00 2,535.00 214.50 214.50 183491 06/15/2017 012549 UPODIUM VEHICLE MAINT SUPPLIES: STA 95 269.07 269.07 183492 06/15/2017 000319 VARSITY BRANDS HOLDING CRC REC SUPPLIES CO, INC 183493 06/15/2017 007987 WALMART 183494 06/15/2017 001881 WATER SAFETY PRODUCTS INC 488.02 488.02 SUPPLIES:AQUATICS FACILITIES 1,079.93 SUPPLIES:TCC 145.10 THEATER HOSPITALITY & MISC SUPPLIE 40.03 JR LIFEGUARD T-SHIRTS: AQUATICS PRGM LIFEGUARD CAPS: AQUATICS PRGM LIFEGUARD SUPPLIES: AQUATICS PRGI\ 183495 06/15/2017 013286 WEST SAFETY SERVICES, INC. JUNE ENTERPRISE 911 SERVICES: IT 235.12 130.50 1,265.06 846.18 1,211.80 300.00 300.00 Page:12 apChkLst Final Check List 06/15/2017 9:48:32AM CITY OF TEMECULA Page: 13 Bank : union UNION BANK (Continued) Check # Date Vendor Description 183496 06/15/2017 008402 WESTERN RIVERSIDE MAY '17 MSHCP PAYMENT COUNTY 183497 06/15/2017 019894 YAHOO, INC. INVESTIGATIVE LEGAL INQUIRY:POLICE 1001625 06/08/2017 019916 ALVARADO, AMANDA 1001626 06/08/2017 019917 CORONA, ANDREA 1001627 06/08/2017 019918 FARUK, SHEELIZA 1001628 06/08/2017 019918 FARUK, SHEELIZA 1001629 06/08/2017 019918 FARUK, SHEELIZA 1001630 06/08/2017 019919 MARSHALL, SHARON 1001631 06/08/2017 019920 NICOL, MARIA 1001632 06/08/2017 019921 SANTANIELLO, JESSE AND CHRISTINA 1001633 06/08/2017 019921 SANTANIELLO, JESSE AND CHRISTINA 1001634 06/08/2017 019922 TREJO, JEREMIAH 1001635 06/08/2017 019923 VILLALTA, ETHAN REFUND:SEC DEP:PICNIC RENTAL:HARVESTON REFUND:SEC DEP:PICNIC RENTAL:HARVESTON Amount Paid Check Total 106,274.00 106,274.00 100.00 100.00 200.00 200.00 200.00 200.00 REFUND:SUMMER DAY CAMP 240.00 240.00 REFUND:SUMMER DAY CAMP 20.00 20.00 REFUND:SUMER DAY CAMP 20.00 20.00 REFUND:LEVEL 1 SWM LESSONS 45.00 45.00 5101.104 REFUND:ADVANCED TODDLER SWM 90.00 90.00 LESSONS REFUND:MISS CATHY'S TINY TOTS 6.00 6.00 1045.106 REFUND:MISS CATHY'S TINY TOTS 66.00 66.00 1045.202 REFUND:BEGINNING TODDLER SWM 45.00 45.00 LESSONS REFUND:WSI CLASS 5002.407 225.00 225.00 1001636 06/08/2017 019924 WINE TOWN ROLLERS REFUND:BASEBALL 2,925.00 2,925.00 TOURNAMENT:RRSP 1001637 06/08/2017 019925 YEE, JOSEPHINE REFUND:ADULT LEARN TO SWIM 55.00 55.00 5001.301 Grand total for UNION BANK: 7,981,960.31 Page:13 apChkLst 06/15/2017 9:48:32AM Final Check List CITY OF TEMECULA Page: 14 164 checks in this report. Grand Total All Checks: 7,981,960.31 Page:14 apChkLst Final Check List 06/22/2017 12:18:50PM CITY OF TEMECULA Page: 1 Bank : union UNION BANK Check # Date Vendor 3375 06/09/2017 006887 UNION BANK OF CALIFORNIA 015640 EVENTBRITE 3376 06/09/2017 006887 UNION BANK OF CALIFORNIA Description Amount Paid Check Total JS REFUND OF LATE FEES -30.00 JS REGIST: STEWART, JAMES 45.00 JS FINANCE CHARGES: TO BE REVERSE 1.76 16.76 015626 EVENTBRITE.COM AA REGIST: EDC SOAR 4/27: THOMAS, 45.00 P. 016883 MUNICIPAL MANAGEMENT AA REGIS: TEM. VALLEY MIXER: 25.00 70.00 ADAMS 6/10 3377 06/09/2017 006887 UNION BANK OF CALIFORNIA 008668 WES FLOWERS PT FLOWERS FOR ADMIN DAY 159.28 000515 TEMECULA VALLEY CHAMBER PT STATE OF THE CITY REGIST: 40.00 OF TARRANT, 000515 TEMECULA VALLEY CHAMBER PT STATE OF THE CITY REGIST: ATTAR 160.00 OF & 017899 HAVANA FOODS, INC PT RFRSHMNTS: INTERVIEW PANEL: 53.02 412.30 4/20 3378 06/09/2017 006887 UNION BANK OF CALIFORNIA 007065 B & H PHOTO VIDEO INC 004171 DOMINO'S PIZZA 013851 STORM SOURCE, LLC 011998 YAHOO! FLICKR 009527 GEOTRUST INC MH REPLACEMENT POWER SUPPLY: 99.95 CHAMBERS MH RFRSHMNTS: TEAM PACE EVENT MH APPOINTMENT PLUS:IT MH 2 YR FLICKR PRO ACCT: INFO TECH 99.86 20.00 44.95 MH RENEWAL: RAPID SSL FOR 149.00 LIBRARY 000515 TEMECULA VALLEY CHAMBER MH STATE OF THE CITY REGIST: OF CROWELL& 3379 06/09/2017 006887 UNION BANK OF CALIFORNIA 80.00 493.76 007047 OLIVE GARDEN RO CITY CNCL CLOSED SESSION MTG 163.67 4/11 001048 ROSAS CANTINA RESTAURANT RO CITY CNCL CLOSED SESSION MTG 145.65 04/25 006692 SAM'S CLUB RO CITY CNCL CLOSED SESSION MTG 11.98 04/25 008669 VONS RO FLOWER ARRANGEMENT FOR 23.91 CNCL MTG 5/9 019817 SARKIS CONCEPTS, INC. RO RFSHMNTS: CITY CNCL MTG 5/9 198.41 006692 SAM'S CLUB RO RFHSMNTS: CITY CNCL MTG 5/9 7.98 551.60 Pagel apChkLst 06/22/2017 12:18: 50 P M Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK Check # Date Vendor 3380 06/09/2017 006887 UNION BANK OF CALIFORNIA 019915 ZAGG INC. 008736 YNEZ SUBWAY INC 018925 FIREHOUSE SUBS 019083 AUTOANYTHING.COM 3381 06/09/2017 006887 UNION BANK OF CALIFORNIA 019950 TICKETS-CENTER.COM 019825 GETTY IMAGES 006952 PAY PAL 000406 RIVERSIDE CO SHERIFFS DEPT 018978 PIZZA FACTORY 007949 WESTERN ARTS ALLIANCE 3382 06/09/2017 006887 UNION BANK OF CALIFORNIA 015534 GOVERNMENT JOBS.COM, INC. 006937 SOUTHWEST AIRLINES 004905 LIEBERT, CASSIDY & WHITMORE 007485 MGM GRAND HOTEL LLC 007485 MGM GRAND HOTEL LLC 015534 GOVERNMENT JOBS.COM, INC. 3383 06/09/2017 006887 UNION BANK OF CALIFORNIA 006952 PAY PAL 013338 APPLE STORE (Continued) Description CD GLASS PROTECTOR FOR IPAD CD RFRSHMNTS: TEEN CERT TRAINING 4/22/17 CD RFRSHMNTS: TEEN CERT TRAINING 4/23 CD SUPPLIES FOR TRUCK BC -15A KH TICKETS FOR SENIOR EXCURSION KH IMAGES FOR SUMMER/FALL ACTIVITY GUIDE KH VERISIGN PAYFLOW PRO TRANSACTION KH STAFF TRAINING: GILLILAND, ROBIN KH RFSHMNTS FOR STAFF: SPECIAL GAMES KH REGISTRATION: BARNETT, BEA IG REGIST: NEOGOV CONF: HR STAFF MEMBER IG AIRFARE: NEOGOV CONF: VONRICHTER, P. IG STAFF TRAINING: GARIBAY, ISAAC IG LODGING: NEOGOV CONF: VONRICHTER, IG LODGING: NEOGOV CONF: GARIBAY, ISAAC IG REGIST: NEOGOV CONF: VONRICHTER JH VERISIGN PAYFLOW PRO TRANSACTION JH IPAD FOR EOC IMPROVEMENT PROJECT Amount Paid Check Total 71.49 360.00 465.98 670.32 332.00 229.00 203.60 122.57 427.50 490.00 875.00 203.96 70.00 124.72 124.72 975.00 57.60 1,567.79 1,804.67 2,373.40 4,428.50 4,486.10 Page2 apChkLst 06/22/2017 12:18: 50 P M Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK (Continued) Check # Date Vendor 3384 06/09/2017 006887 UNION BANK OF CALIFORNIA 017736 FEAST CALIFORNIA CAFE, LLC 017736 FEAST CALIFORNIA CAFE, LLC 019592 017275 019952 URBAN CAFE ALL ABOUT NETWORKS LLC GRANDOPENINGS.COM 000293 STADIUM PIZZA INC 019070 BECKY'S BAKESHOP 019070 BECKY'S BAKESHOP 019790 THE WATER DEPOT, INC. 019953 CAESARS ENTERTAINMENT CORP 019953 CAESARS ENTERTAINMENT CORP 019953 CAESARS ENTERTAINMENT CORP 019953 CAESARS ENTERTAINMENT CORP 019953 CAESARS ENTERTAINMENT CORP 019953 CAESARS ENTERTAINMENT CORP 010948 MIRAGE THE HOTEL & CASINO 010948 MIRAGE THE HOTEL & CASINO 000515 TEMECULA VALLEY CHAMBER OF 013112 SAN DIEGO VENTURE GROUP 3395 06/22/2017 007282 AMAZON.COM, INC Description GB RFRSHMNTS: CANCER TASK FORCE MTG GB RFRSHMNTS: MAYOR'S ADDRESS TO VAIL GB RFRSHMNTS: PATHWAY VOCATIONAL PRGM GB LAPEL PINS FOR STATE OF THE CITY GB SHOVELS&HARDHATS: TEM INTCHG CEREMONY GB RFRSHMNTS: JR. WOMEN'S STEM GB HANDOUTS FOR ICSC GB HANDOUTS FOR TEM PKWAY INTRCHNGE GB WATER BOTTLES:GROUNDBREAKI NG CEREMONY GB LODGING: ICSC CONF: EDWARDS, M. GB LODGING: ICSC CONF: EDWARDS, M. GB LODGING: ICSC CONF: BUTLER, G. GB LODGING: ICSC CONF: BUTLER, G. GB LODGING: ICSC CONF: DAMKO, C. GB LODGING: ICSC CONF: DAMKO, C. GB LODGING: ICSC CONF: EDWARDS, M. GB LODGING: REFUND FOR DEPOSIT: EDWARDS GB REGIST: SOTC FOR INTERN'S ATTENDANCE GB SUMMIT REGIST: WALKER, CHARLES YOUTH PROGRAM SUPPLIES: ECON DEV YOUTH SUMMER PROGRAMS: ECON DE YOUTH PROGRAM SUPPLIES: ECON DE' DRY ICE MACHINE:PPW YOUTH PROGRAM/TVE2 SUPPLIES: ED YOUTH PROGRAM/TVE2 SUPPLIES: ED Amount Paid Check Total 475.56 70.01 124.19 2,505.00 917.82 118.54 144.00 120.00 323.82 134.92 368.49 134.92 368.49 134.92 368.49 195.01 -195.01 80.00 85.00 172.16 452.60 15.46 1,149.00 82.99 139.55 6,474.17 2,011.76 183498 06/22/2017 017880 AASLH ANNUAL MEMBERSHIP:TVM 70.00 70.00 Page3 apChkLst Final Check List 06/22/2017 12:18:50PM CITY OF TEMECULA Page: 4 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 183499 06/22/2017 000733 ABBEY PARTY RENTS TABLES/CHAIRS RENTAL: HR 675.50 675.50 183500 06/22/2017 016764 ABM BUILDING SERVICES, LLC REPLACE HVAC COMPRESSOR: FOC 2,580.00 PREV MAINT ON HVACS: CIVIC CENTER 2,999.00 FEB -APR 17 HVAC PREV MAINT: CIVIC C. 4,372.00 9,951.00 183501 06/22/2017 013582 ADVANTAGE MAILING, LLC PRINTING:ACTIVITY GUIDE 20,427.20 20,427.20 183502 06/22/2017 016450 AIR EXCHANGE, INC. PLYMOVENT MAINTENANCE: STA 73 172.50 PLYMOVENT MAINTENANCE: STA 73 1,113.52 1,286.02 183503 06/22/2017 015217 AIRGAS, INC. DRY ICE FOR 4.79 4.79 EXPERIMENTS:PENNYPICKLE'S 183504 06/22/2017 017570 AMERICAN HEART TENT RENTAL: HEART& BRAIN COMM 1,000.00 1,000.00 ASSOCIATION INC 183505 06/22/2017 019964 AMERICAN SPINE P.C. REFUND:CREDIT:PICNIC 131.25 131.25 RENTAL:HARVESTON 183506 06/22/2017 004623 AQUA SOURCE INC POOL TEST REAGENTS:AQUATICS 763.50 763.50 183507 06/22/2017 013332 ARMSTRONG GARDEN DEPOSIT: LNDSCP DSGN SVC:SAM 400.00 400.00 CENTERS INC HICKS PARK 183508 06/22/2017 018941 AZTEC LANDSCAPING, INC. JANITORIAL MAINT: PARK 774.74 774.74 RESTROOMS 183509 06/22/2017 013482 BAS SECURITY SECURITY SERVICES:THEATER 729.00 729.00 183510 06/22/2017 018408 BOB CALLAHAN'S POOL MAY FOUNTAIN MAINT: TOWN 1,595.00 1,595.00 SERVICE SQUARE & CIV CT 183511 06/22/2017 008605 BONTERRA PSOMAS 4/28-6/1/17 CNSLTNG SRVC:RRSP 1,600.00 1,600.00 DESILTING 183512 06/22/2017 017878 CALFEST MEMB RENEWAL: ADAMIAK & 200.00 200.00 AUG USTI N E 183513 06/22/2017 000398 CALIF MUNI TREASURERS AGENCY MEMBERSHIP DUES 155.00 155.00 ASSN 183514 06/22/2017 000131 CARL WARREN & COMPANY MAY CLAIM ADJUSTER SVCS: RISK 3,479.50 3,479.50 INC MGMT Page4 apChkLst Final Check List 06/22/2017 12:18:50PM CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor Description 183515 06/22/2017 004462 CDW, LLC MISC SMALL TOOLS & EQUIP:INFO TECH 183516 06/22/2017 000137 CHEVRON AND TEXACO MAY 17 CITY VEHICLES FUEL: POLICE DEPT Amount Paid Check Total 348.86 348.86 1,346.61 1,346.61 183517 06/22/2017 005447 CLEMENTS, BRIAN REIMB: ICC CERT RENEWAL 125.00 125.00 183518 06/22/2017 004017 COMERCHERO, JEFF ICSC RECON GLOBAL REAL EST CONV 5/20-23 1,358.07 1,358.07 183519 06/22/2017 000442 COMPUTER ALERT SYSTEMS REPAIR ALARM SYSTEM: CRC 75.00 75.00 183520 06/22/2017 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 1,330.00 TCSD INSTRUCTOR EARNINGS 1,470.00 TCSD INSTRUCTOR EARNINGS 1,120.00 3,920.00 183521 06/22/2017 001264 COSTCO TEMECULA#491 MISC SUPPLIES:ECO DEV EVENTS 103.99 103.99 183522 06/22/2017 004329 COSTCO TEMECULA #491 SUPPLIES:HUMAN SERVICES 433.89 MISC SUPPLIES FOR SFSP PRGM 249.99 683.88 183523 06/22/2017 016724 CRAFT, CHARLENE SUPPLIES:EOQ 6/8 59.94 59.94 183524 06/22/2017 001393 DATA TICKET, INC. CITATIONS PROCESSING: TEM POLICE 10.00 10.00 183525 06/22/2017 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOMS: RIVERTON 55.96 SRVCS PARK PORTABLE RESTROOMS: VAIL RANCH P 55.96 PORTABLE RESTROOMS: LONG CANYOI 55.96 PORTABLE RESTROOMS: LA SERENA W, 55.96 223.84 183526 06/22/2017 019728 DREYFUSS, ELIZABETH TIX:STTLMNT: ACROSS THE POND 645.00 645.00 6/16/17 183527 06/22/2017 002390 EASTERN MUNICIPAL WATER MAY WATER METER:32131 S LOOP RD 119.04 119.04 DIST BLDG 183528 06/22/2017 011202 EMH SPORTS USA, INC TCSD INSTRUCTOR EARNINGS 863.10 863.10 183529 06/22/2017 001056 EXCEL LANDSCAPE, INC. IRRIGATION REPAIRS: VARIOUS SLOPES PLANT INSTALLATION: TEM DUCK POND irrig repairs:winchester crk:var slopes 1,345.00 880.00 1,327.57 3,552.57 Pages apChkLst Final Check List 06/22/2017 12:18:50PM CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor Description 183530 06/22/2017 019965 FLEMING, ANDREA REFUND:BAKERY BOOT CAMP 6040.202 183531 06/22/2017 018858 FRONTIER CALIFORNIA, INC. 183532 06/22/2017 001937 GALLS, LLC JUNE INTERNET SVCS:CITY HALL MAY INTERNET SVCS:TCC JUNE INTERNET SVCS:SR CTR, SKATE F Amount Paid Check Total 99.00 99.00 291.98 149.49 202.80 equip:police volunteers 1.09 SHOULDER PATCHES:TEMECULA POLIC 644.27 585.30 586.39 183533 06/22/2017 000186 HANKS HARDWARE INC MAY 17 MAINT SUPPLIES: VARIOUS 826.98 LOCATIONS MAI NT SUPPLIES: AQUATICS 26.08 853.06 183534 06/22/2017 003624 HOWELL, ANN MARIE INSIDE TEMECULA: CITY MANAGER 2,100.00 2,100.00 183535 06/22/2017 016564 IMPACT TELECOM MAY 800 SERVICES:CIVIC CENTER 56.40 56.40 183536 06/22/2017 006914 INNOVATIVE DOCUMENT Canon copier/plotter supp -ink & staple 838.35 838.35 SOLUTIONS 183537 06/22/2017 001407 INTER VALLEY POOL SUPPLY SANITIZING CHEMICALS: VARIOUS 593.94 593.94 INC POOLS 183538 06/22/2017 013122 ISLAMIC CTR OF TEMECULA REFUND:ENG GRAD DEP:LD12-052GR 50,000.00 50,000.00 VLY 183539 06/22/2017 000820 K R W & ASSOCIATES MAY ENG PLAN CHECK & REVIEW SRVCS: PW 183540 06/22/2017 001091 KEYSER MARSTON ASSOCIATES INC 183541 06/22/2017 001282 KNORR SYSTEMS INC 183542 06/22/2017 017118 KRACH, BREE B. 420.00 420.00 MAY 17 REAL ESTATE 730.00 CNSLTNG:AFFRDBL HOUSI APR 17 AFFORDABLE HOUSING ANALYS 630.00 CHEMICAL FEED PUMP: SPLASH PAD 1,015.49 NAME PLATES WITH NO HOLDER: PLANNING AWARDS: CUSTOM ROSETTAS NAME BADGE: SET UPON FILE TROPHIES/AWARDS: FAMILY 1ST NECK 1 183543 06/22/2017 019963 LAWLER'S TRIPLE LTOWING EVIDENCE HOLD TOW: TEMECULA POLICE 32.63 52.20 16.31 40.78 440.00 1,360.00 1,015.49 141.92 440.00 183544 06/22/2017 000482 LEIGHTON CONSULTING INC GEO-SEISMIC HAZARD PEER REVIEW: 3,009.60 3,009.60 PW Page6 apChkLst Final Check List 06/22/2017 12:18:50PM CITY OF TEMECULA Page: 7 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 183545 06/22/2017 019595 LIQUID BLUE INC. ENTERTAINMENT:HOT SUMMER 1,800.00 1,800.00 NIGHTS 183546 06/22/2017 011145 LODATO, JILL CHRISTINE TCSD INSTRUCTOR EARNINGS 672.00 672.00 183547 06/22/2017 004141 MAINTEX INC CUSTODIAL SUPPLIES: VAR PARKS 663.38 663.38 183548 06/22/2017 016106 MANZO, CHRISTOBAL REFRESHMENTS:CITY 4TH OF JULY 300.00 300.00 EVENTS 183549 06/22/2017 000217 MARGARITA OFFICIALS ASSN MAY SOFTBALL OFFICIATING SVCS 3,996.00 3,996.00 183550 06/22/2017 019897 MAWI, INC Workforce/Youth Program: Econ Dev- 183551 06/22/2017 004040 MORAMARCO, ANTHONY J. TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 2,500.00 2,500.00 1,960.00 367.50 91.00 2,418.50 183552 06/22/2017 018099 NATIONAL SAFETY DOT TESTING: HR 526.70 526.70 COMPLIANCE 183553 06/22/2017 019816 NEW HORIZONS LEARNING OFFICE 2016 TRAINING:INFO TECH 5,700.00 5,700.00 GROUP 183554 06/22/2017 017148 OAKLEY SALES CORP MOTOR GLOVES: TEMECULA POLICE 75.12 75.12 183555 06/22/2017 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES: HR 13.37 13.37 DIV 183556 06/22/2017 008871 ORIGINAL WATERMEN, INC. LIFEGUARD UNIFORMS:AQUATICS 3,215.03 3,215.03 183557 06/22/2017 006552 PAINTED EARTH CRAFT ACTIVITY:SUMMER DAY CAMP 915.60 915.60 6/8 183558 06/22/2017 019334 PARK CONSULTING GROUP, CONSULTING & ENTERPRISE 6,875.00 6,875.00 INC SERVICES:INFO 183559 06/22/2017 011737 PERLMUTTER PURCHASING camera bag & sandisk:police 107.74 107.74 POWER 183560 06/22/2017 000249 PETTY CASH PETTY CASH REIMBURSEMENT 1,027.02 1,027.02 183561 06/22/2017 001999 PITNEY BOWES POSTAGE MACHINE - STA 84 77.48 77.48 Page:7 apChkLst Final Check List 06/22/2017 12:18:50PM CITY OF TEMECULA Page: 8 Bank : union UNION BANK (Continued) Check # Date Vendor Description 183562 06/22/2017 018830 PLANGEA, INC MISC SUPPLIES:AQUATICS PGRM 183563 06/22/2017 010338 POOL& ELECTRICAL PRODUCTS INC Amount Paid Check Total 1,175.83 1,175.83 SUPPLIES & CHEMICALS:VAR POOLS 55.23 SUPPLIES & CHEMICALS:VAR POOLS SUPPLIES & CHEMICALS: VAR POOLS CREDIT:FLOWMETER:ORIG INV#043727: 183564 06/22/2017 000253 POSTMASTER EXPRESS MAIL& POSTALSVCS:IT 183565 06/22/2017 011549 POWER SPORTS UNLIMITED 238.85 334.88 -334.88 294.08 21.18 21.18 veh maint & repair: police BMW motors 446.56 TWO MOTORCYCLE PURCH:TEMECULA 59, 340.42 59, 786.98 183566 06/22/2017 003155 PRICE CHOPPER INC WRISTBANDS:PUBLIC SWIM 601.00 601.00 183567 06/22/2017 012904 PRO ACTIVE FIRE DESIGN MAY FIRE PLANCHECK CONSULTANT: PREV 183568 06/22/2017 019015 PROJECT RADIAN 9,087.30 9,087.30 TCSD INSTRUCTOR EARNINGS 1,344.00 TCSD INSTRUCTOR EARNINGS 1,680.00 3,024.00 183569 06/22/2017 019436 QUAIL DIGITAL NORTH SECURITY SYSTEM:PPW 4,606.00 4,606.00 AMERICA 183570 06/22/2017 000262 RANCHO CALIF WATER DISTRICT MAY RECL LNDSCP METER:28582 HARVESTON MAY VAR WATER METERS:PW MAINT MAY VAR WATER METERS:PW CIP MAY VAR WATER METERS:PW OLD TOW MAY VAR WATER METERS:PW FAC MAY VAR WATER METERS:PW VAR SITE, MAY VAR WATER METERS:TCSD SVC LE MAY COMM WATER METER:28640 PUJOI MAY VAR WATER METERS:PW MAINT MAY VAR WATER METERS:FIRE STNS MAY VAR WATER METERS:PW CIP MAY VAR WATER METERS:PW JRC 8,023.92 187.19 55.66 956.66 4,163.53 866.48 42,058.21 10.81 238.81 757.89 474.57 133.10 57,926.83 183571 06/22/2017 000947 RANCHO REPROGRAPHICS REPROGRAPHIC SRVCS: PW CIP 199.88 199.88 183572 06/22/2017 003591 RENES COMMERCIAL MANAGEMENT WEED ABATEMENT: RIGHT-OF-WAYS 13,975.00 WEED ABATEMENT:VAR MAJOR ARTERI/ MISC WEED ABATEMENT: RIGHT -OF -WA 183573 06/22/2017 000220 ROBINSON PRINTING & PRINTING OF BROCHURES: ECON CREATIVE DEV 13,975.00 3,000.00 30,950.00 1,783.47 1,783.47 Page:8 apChkLst 06/22/2017 12:18: 50 P M Final Check List CITY OF TEMECULA Page: 9 Bank : union UNION BANK (Continued) Check # Date Vendor 183574 06/22/2017 000277 S & S ARTS & CRAFTS INC 183575 06/22/2017 004274 SAFE & SECURE LOCKSMITH 183576 06/22/2017 009980 SANBORN, GWYNETH A. 183577 06/22/2017 017699 SARNOWSKI, SHAWNA, M PRESTON 183578 06/22/2017 015457 SHAW HR CONSULTING, INC. 183579 06/22/2017 009213 SHERRY BERRY MUSIC 183580 06/22/2017 014818 SKYFITTECH, INC. 183581 06/22/2017 000645 SMART & FINAL INC 183582 06/22/2017 000537 SO CALIF EDISON Description RECREATION SUPPLIES:CRC RECREATION SUPPLIES:CRC SUPPLIES:SKATE PARK SUPPLIES:SKATE PARK SUPPLIES:DAY CAMP LOCKSMITH SVCS:CIVIC CENTER LOCKSMITH SVCS:CIVIC CENTER Locksmith Service: Civic Center- SETTLEMENT:COUNTRYATTHE MERC 6/17 PHOTOGRAPHY SRVCS:ART FESTIVAL 2017 FEB -MAY CONSULTING SERVICES: HR MAR -APR CONSULTING SERVICES: HR SETTLEMENT:JAZZ AT THE MERC 6/15 GYM EQUIP PREV MAINT:CIVIC CENTER REFRESHMENTS/SUPPLIES:SUMMER DAY CAMP MAY 2-01-202-7330:VARIOUS LS -1-E MAY 2-02-351-5281:30875 RANCHO VISD MAY -JUN 2-26-887-0789:40233 VILLAGE F MAY 2-36-122-7820:31777 DEPORTOLA R MAY 2-29-223-9571:30395 MURR HOT SP MAY 2-30-608-9384:28582 HARVESTON MAY 2-30-066-2889:30051 RANCHO VISD MAY 2-20-798-3248:42081 MAIN ST MAY 2-10-331-2153:28816 PUJOL ST MAY 2-25-350-5119:45602 REDHAWK PKV MAY -JUN 2-33-237-4818:30499 RANCHO MAY 2-29-479-2981:31454 TEM PKWY TC' MAY 2-31-419-2659:26705 YNEZ RD TC1 MAY 2-29-974-7899:26953 YNEZ RD LS3 MAY 2-36-171-5626: B UTTERFI E LD/LASE f MAY 2-05-791-8807:31587 TEM PKWY LS: MAY 2-28-171-2620:40820 WINCHESTER Amount Paid Check Total 634.20 111.36 33.04 63.47 135.65 34.48 29.09 94.28 518.25 150.00 980.00 562.90 499.80 42.51 733.27 73,266.80 5,628.19 1,540.73 25.83 48.46 506.58 25.97 1,471.55 897.44 28.18 95.67 101.31 131.14 159.63 24,347.96 8,726.69 694.26 977.72 157.85 518.25 150.00 1,542.90 499.80 42.51 733.27 117,696.39 Page9 apChkLst 06/22/2017 12:18: 50 P M Final Check List CITY OF TEMECULA Page: 10 Bank : union UNION BANK (Continued) Check # Date Vendor 183583 06/22/2017 000519 SOUTH COUNTY PEST CONTROL INC 183584 06/22/2017 004282 SOUTHWEST TRAFFIC SYSTEMS 183585 06/22/2017 016257 SPICERS PAPER, INC. 183586 06/22/2017 019250 ST. FRANCIS ELECTRIC, LLC 183587 06/22/2017 000293 STADIUM PIZZA INC 183588 06/22/2017 008337 STAPLES BUSINESS ADVANTAGE 183589 06/22/2017 008023 STATER BROTHERS MARKETS 183590 06/22/2017 016262 STEVE ADAMIAK GOLF INSTRUCTION 183591 06/22/2017 012789 STUART, JENNIFER SARAH 183592 06/22/2017 007698 SWANK MOTIONS PICTURES, INC. 183593 06/22/2017 003677 TEMECULA MOTORSPORTS LLC Description PEST CONTROL SRVS: VARIOUS PARKS PEST CONTROL SRVS: VARIOUS PARKS PEST CONTROL SRVCS: VAR FIRE STATI PEST CONTROL SRVCS: VAR FIRE STATI PEST CONTROL SRVCS: VAR FIRE STATI JUNE PEST CONTROL SVCS:T.E.S. JUNE PEST CONTROL SVCS:MARG SPU PEST CONTROL SRVCS: VAR FIRE STATI LIGHT BAR: PW TRAFFIC WHITE COPY PAPER:CENTRAL SVCS TRAFFIC SIGNAL MAI NT SRVCS: PW MAI NT TRAFFIC SIGNAL MAI NT SRVCS: PW MA REFRESHMENTS:SUMMER DAY CAMP OFFICE SUPPLIES:LIBRARY OFFICE SUPPLIES:TCSDADMIN OFFICE SUPPLIES:CHILDREN'S MUSEUF OFFICE SUPPLIES:PPWS OFFICE SUPPLIES:PPWS OFFICE SUPPLIES:PPWS SUPPLIES:SUMMER DAY CAMP SUPPLIES:SUMMER DAY CAMP OFFICE SUPPLIES:MPSC OFFICE SUPPLIES:TCSDADMIN OFFICE SUPPLIES:TCSDADMIN CREDIT: ITEMS RETURNED/TCSDADMIN DINNER WITH FIRE FIGHTERS: FIRE TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS MOVIE RENTAL: MOVIES IN THE PARK 6/16/17 MOTORCYCLE REPAI R/MAI NT:TEM. P. D. MOTORCYCLE REPAIR/MAINT:TEM.P.D. Amount Paid Check Total 188.00 94.00 80.00 48.00 42.00 59.00 49.00 94.00 1,957.95 4,116.50 5,600.00 6,050.00 312.24 477.28 37.51 40.23 778.20 127.80 86.39 38.58 36.19 43.77 133.44 4.99 -9.20 493.49 787.50 6,603.10 593.00 279.01 654.00 1,957.95 4,116.50 11,650.00 312.24 1,795.18 493.49 787.50 6,603.10 593.00 418.71 697.72 Pagel 0 apChkLst Final Check List 06/22/2017 12:18:50PM CITY OF TEMECULA Page: 11 Bank : union UNION BANK (Continued) Check # Date Vendor Description 183594 06/22/2017 006529 TEMECULA VALLEY GARDEN REFUND:SEC DEP:RM RENTAL:CONF CLUB CTR A/B 183595 06/22/2017 005970 TEMECULA VALLEY PLAYERS SETTLEMENT:INHERITTHE WIND 6/8-18 Amount Paid Check Total 150.00 150.00 4,280.06 4,280.06 183596 06/22/2017 010276 TIME WARNER CABLE JUNE HIGH SPEED INTERNET:32364 54.99 OVERLAND JUNE HIGH SPEED INTERNET:29119 MAF 348.13 183597 06/22/2017 019100 TNT ENTERTAINMENT GROUP DJ & SOUND:SUMMER CONCERT 787.00 LLC 6/15/17 DJ & SOUND:MOVIES IN THE PARK 6/16/ 1,400.00 183598 06/22/2017 002185 U.S. POSTAL SERVICE PERMIT #5 POSTAGE:CITY 6,291.32 NEWLETTER 403.12 2,187.00 6,291.32 183599 06/22/2017 011659 ULINE INC MISC SM TOOLS & EQUIP:SUMMER 429.07 429.07 DAY CAMP 183600 06/22/2017 008977 VALLEY EVENTS, INC. RENTALS:ART FESTIVAL 6/8 RENTALS:STREET PAINTING FESTIVAL 6 RENTALS:STREET PAINTING FESTIVAL 6 183601 06/22/2017 014848 VALUTEC CARD SOLUTIONS, MAY TICKETING SERVICES: THEATER LLC 246.75 7,029.40 1,170.00 8,446.15 66.13 66.13 183602 06/22/2017 000319 VARSITY BRANDS HOLDING BALL FIELD 10,870.84 10,870.84 CO, INC SUPPLIES:WINTER/SPRING 2017 183603 06/22/2017 004848 VERIZON MAY LONG DISTANCE PHONE SVCS 183604 06/22/2017 009101 VISION ONE, INC. MAY SHOWARE TICKETING SRVCS:THEATER 183605 06/22/2017 007987 WALMART 0.31 0.31 2,334.20 2,334.20 SUPPLIES:EXHIBITS/EXPERIMENTS:PP 186.12 WS SUPPLIES:CRC 65.21 RECREATION SUPPLIES:CRC 312.67 RECREATION SUPPLIES:CRC 336.31 SUPPLIES:SUMMER DAY CAMP 226.00 SUPPLIES:DAY CAMP 122.19 183606 06/22/2017 001881 WATER SAFETY PRODUCTS POOL EQUIPMENT:AQUATICS 59.68 INC POOL UMBRELLAS AND EQUIP:AQUATIC 1,248.50 1,088.99 1,148.67 Page:11 apChkLst 06/22/2017 12:18: 50 P M Final Check List CITY OF TEMECULA Page: 12 Bank : union UNION BANK (Continued) Check # Date Vendor 183607 06/22/2017 003730 WEST COAST ARBORISTS INC 183608 06/22/2017 000341 WILLDAN ASSOCIATES INC 183609 06/22/2017 004567 VVITCHER ELECTRIC 183610 06/22/2017 009512 WURMS JANITORIAL SERVICES, INC 183611 06/22/2017 005195 ZOOLOGICAL SOCIETY OF SANDIEGO 1001638 06/13/2017 019875 CROSS, DANIEL 1001639 06/13/2017 019937 EVERETT, DANIEL 1001640 06/13/2017 019938 GUIDOS, JUSTINE 1001641 06/13/2017 019939 HORN, ELIZABETH 1001642 06/13/2017 019940 MILLER, TONY 1001643 06/13/2017 019941 MONTOYA, SARA 1001644 06/13/2017 019942 ORTEGA, REGINA Description MAY TREE TRIMS:REMOVAL:TEMEKU HILL SLOPE MAY TREE TRIMS:REMOVAL:RIDGEVIEVV MAY TREE TRIMS & REMOVAL:RIGHT-OF MAY TREE TRIMS & REMOVAL:RIGHT-OF MAR TREE TRIMS & REMOVAL:RIGHT-OF TREE TRIMS & REMOVAL:WOLF CRK SL( MAY TREE TRIMS:REMOVAL:TEMEKUHIL MAY TREE TRIMS:REMOVAL:SADDLEWC MAY TREE MAI NT SRVCS: SERENA HILL: MAY TREE MAI NT SVCS:VAR PARKS:ME[ MAY TREE TRIMMINGS: CIVIC CENTER MAY EMERG TREE TRIMS & REMOVAL:S MAR TRAFFIC ENG SRVCS: PW TRAFFIC ELECTRICAL REPAIR: STA 95 JUN JANITORIAL SVCS:CITY FACILITIES ADMISSION:TEEN CAMP EXCURSION 6/13/17 REFUND:BEAR CUB UNIV 4060.201 REFUND:SEC DEP: RM RENTAL:CONF CTR A/B REFUND:GEARS 2 ROBOTS - JR 2605.201 REFUND:SEC DEP:AMPHITHEATER:CRC REFUND:SCUBA DIVING LESSONS 3805.201 REFUND:SEC DEP:PICNIC RENTAL:RRSP REFUND:SEC DEP:RM RENTAL:TCC 1001645 06/13/2017 019943 RAHSEPARIAN, MICHELLE REFUND:ACRYLIC PAINTING TECH 1150.201 Amount Paid Check Total 3,993.00 934.00 11,168.00 1,343.00 1,749.00 30,073.00 7,285.00 5,429.00 5,963.00 475.00 5,192.00 1,317.00 9,848.24 780.00 23,927.71 889.20 189.00 200.00 120.00 200.00 120.00 200.00 200.00 74,921.00 9,848.24 780.00 23,927.71 889.20 189.00 200.00 120.00 200.00 120.00 200.00 200.00 72.00 72.00 Page:12 apChkLst Final Check List 06/22/2017 12:18:50PM CITY OF TEMECULA Page: 13 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 1001646 06/13/2017 019944 ROBERTS, BRANDON REFUND:SEC DEP:RM RENTAL:CONF 150.00 150.00 CTR A/B 1001647 06/13/2017 019945 SORIANO, JOY REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 1001648 06/13/2017 019946 ST. THOMAS CHURCH REFUND:SEC DEP:KITCHEN 200.00 200.00 RENTAL:CRC 1001649 06/13/2017 019947 WATSON, MATTHEW REFUND:SEC DEP:PICNIC 200.00 200.00 RENTAL:PALA PARK 1001650 06/15/2017 019948 WALKER, TAMMY REFUND:SUMMER DAY CAMP 0405.201 188.00 188.00 1001651 06/15/2017 019948 WALKER, TAMMY REFUND:SUMMER DAY CAMP 0405.201 20.00 20.00 1001652 06/15/2017 019954 ADAUTO, KATHERINE 1001653 06/15/2017 019955 BILLEN, PAMELA REFUND:SEC DEP:PICNIC 200.00 200.00 RENTAL:RRSP REFUND:MOVIE IN THE PARK VENDOR 50.00 50.00 1001654 06/15/2017 019956 BORDEN, MARY GRACE REFUND:PARENT'N ME SWIM 44.00 44.00 LESSONS 1001655 06/15/2017 019957 CHAVEZ, JENNIFER REFUND:ADAPTIVE SWIM LESSONS 55.00 55.00 5201.301 1001656 06/15/2017 016952 HARCARIK, JENNIFER REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 1001657 06/15/2017 019958 HERMOSILLO, LINDSE REFUND:SUMMER DAY CAMP0405.202 240.00 240.00 1001658 06/15/2017 019958 HERMOSILLO, LINDSE REFUND:SUMMER DAY CAMP0405.202 20.00 20.00 1001659 06/15/2017 019959 HUFFORD, KRISTEN REFUND:SEC 200.00 200.00 DEP:AMPHITHEATER:CRC 1001660 06/15/2017 019960 KALMAR, SOPHIA REFUND:VIPER VOLLEYBALL 3010.201 188.00 188.00 1001661 06/15/2017 014898 KEETCH, LAVERA G. REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 1001662 06/15/2017 019961 LOPEZ, VICENTE REFUND:YOGA FOR PARENT & ME 259.00 259.00 4130.201 Page:13 apChkLst Final Check List 06/22/2017 12:18:50PM CITY OF TEMECULA Page: 14 Bank : union UNION BANK (Continued) Check # Date Vendor Description 1001663 06/15/2017 019962 LOVE, JENA REFUND:HEALTH CARE PROVIDER CPR 1001664 06/15/2017 019948 WALKER, TAMMY REFUND:SUMMER DAY CAMP 0405.203 1001665 06/15/2017 019948 WALKER, TAMMY REFUND:SUMMER DAY CAMP 0405.203 Amount Paid Check Total 60.00 60.00 168.00 168.00 20.00 20.00 Grand total for UNION BANK: 643,801.51 Page:14 apChkLst 06/22/2017 12:18: 50 P M Final Check List CITY OF TEMECULA Page: 15 153 checks in this report. Grand Total All Checks: 643,801.51 Page:15 Item No. 4 Approvals City Attorney Finance Director City Manager Sier- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: July 11, 2017 SUBJECT: Approve the City Treasurer's Report as of May 31, 2017 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of May 31, 2017. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of May 31, 2017. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of May 31, 2017 co —M Oco co COO 0LO �0) C'JJ(0 • X • (Omar UU moa 0m E E TIE; E co V W E • z N cof1) r y E o O .O a d H i • o o oa Z.' IL 0 LO N o� E O C e O a Y 0 7 O , m 0. Investments 0) N 0 0 N a Ch—D o o m v, O 0 0 0 0) 0 0 CS] CO 0 0 0 (0 CO (� 0 0 0) v O o o CI r 0 V) r v (n 0 0) CO? 0 CO CNI N • O CO O O O 0 o (0 4 r 50,552,246.49 50,552,246.49 50,552,246.49 Managed Pool Accounts 600,644.35 600,644.35 O 0 n 0 o (o 0 o 0 Retention Escrow Account Letter of Credit 49, 580, 076.02 49,539,219.60 49,580,076.02 Local Agency Investment Funds 18,000,000.00 17,932,300.00 18,000,000.00 Federal Agency Callable Securities 8,993,680.00 8,983,720.00 0 0 O 0 0 0 Federal Agency Bullet Securities O n O O O 0 127,726,647.86 127,608,131.44 127,732,967.86 Investments 0 O 0 O h W of 1, 499, 851.65 0) W m (0 0 0 0 (0 0 Y0 0) C N >. N •C .G a O O 0 i D C N g' 0 n N 129,226,499.51 129,107,983.09 129,232,819.51 Total Cash and Investments Fiscal Year To Date 0 u, 0 N co Current Year 114,480,361.30 121,056,145.41 Average Daily Balance 0 Effective Rate of Return Reporting period 05/01/2017-05/31/2017 06/20/2017 - 14:01 i9 6 0 >, R 0 a 2 May 31, 2017 Market Value 0 > 0 a 0 0 0 Investment # a w U Managed Pool Accounts 000000000000000000000000000000000000 _ _ O O O N N O N N N N N N N N N O N N N CO CO CO CO CO N N NNN N CO N O O O CO CO O CO CO CO CO CO CO CO CO CO O CO CO CO V V V V V CO CO CO CO CO CO CO CO CO CO CO CO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N O N N N N N N N N N O N N N V V 7 V 0 N N N N N N N N N N O) N O O O O O (0 l0 (0 l0 0) O O O O O CO CO O CO CO CO CO CO CO CO CO CO O CO CO CO V V V V V CO CO CO CO CO CO CO CO CO CO 00 CO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 000000000 00000000000000000000 N N N N N N N N N N N N N N CO CO CO CO CO N N NNN N CO N CO CO CO CO CO CO CO CO CO CO CO CO CO CO V V V V V CO CO CO CO CO CO CO CO CO CO CO CO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O C') M O CO O V CON- N a0 N O) N C') O V O O O O O O N (V M O) 0 O O O O) 00 O V O CO CO CO O) 0 O O V LO 0 0 0 0 0 0 CO O N I-- W CO O V CO . M O O O C) (0 O� CO O) CO O O (O O l0 O V O) CO O O O O O O) M4 V O l0 O V O) CO C` M C) O O) V CO CO V 0) O) C) O V V CO 10 LO O CO O) I� O r` co N co O O) co M l{) Cr) O CO 0 l0 L0 N V O 0) () V O 0) I- N O) V L0 V V 0) O N M V O I� O r` r` M M 40 0) CO V N N- M CO O) N co- C) O O O M M O CO O V CON- N a0 N O) N C') O V O O O O O O N N M O) 0) N O O O O) CO O V O CO CO CO C) l0 O O V LO 0 0 0 0 0 0 (I) O N I-- CD CO O V CO . 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RE) N RE) N RE) 0E N 0E N RE) N 00• 0• 0• 0• 0• 0• 0000• 0• 0• 0• 0• 0• 0 E m m m co m m co m m m m m m m m m m < < < ¢ ¢ < < ¢ ¢ < < ¢ ¢ < < ¢ ¢ ¢ ¢ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E E E E E E E E E E E E E E E E E E E -o -o v -o v -o -o -o -o -o v v v -o v -o -o 0 0 o a o a� o 0 0 0 0 0 0 0 0 0 0 ��������� w w w w w w w w w w w w w w w w w RDA06APRIN 07886001-6 RDA06BINT 07886010-6 RDA06BPRIN 07886011-6 RDA06BRES 07886016-6 RDA07I NT 07886020-6 RDA07PRIN 07886021-6 RDA07PROJ 07886028-6 RDA07RES 07886026-6 • z • z 0) (0 (0 (0 (0 H z Q z a O • 0 0 0 0 0 0 36343008-6 36343018-6 36343000-6 36343001-6 36343006-6 46161000-6 46161001-6 03-1 BOND3 94669902-3 RDA 02 INT1 94434160-1 RDA 02 PRIN2 94434161-2 RDA 10B CIP2 136343018-2 X 0 0 co co o< ¢ ¢ O O w w w a ¢ ¢ O O O O O O • co co coO co co 146161008-3 146161006-3 94669921-5 94669911-5 94669917-5 94669906-5 94669916-5 94669000-5 03-06 RES 03-06 SPEC (O (O CO O O O O O N N c c c c N- CO CO 03-1 bond fd 94669902-5 03-2 ACQ11 793593011-5 03-2 EMWD11 793593009-5 O J M O 793593016-5 03-2 PWADM11 793593010-5 w (0 O 793593006-5 03-2 SPTX 793593000-5 Portfolio TEME d 0 PM (PRF_PM2) 7.3.0 Run Date: 06/20/2017 - 14:01 (y > N 7 0 R R d 2 i+ 6 • E N ✓ c > ti d r � c4 N a .c zs E O 0 4720 O p O °0 R 0 Market Value May 0 0 0) 0 0 Investment # a (0 0 Managed Pool Accounts O O O O (n c (n (n (n (n (n (n (n (n (n (n (n (n (n O O O 0) O 0 O 0 l0 (0 O l0 N CO N N N N N N N N N N N N N O O CO N O 0 O 0 N N N N N O N O) 00 O) m 0) O) 0) O) Cr) O) Cr) O) Cr) O) Cr)O O CO n O 0 O 0 O) O) O) . 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O O O O (0 a0 0 0 0 0 0 0 0 0 CO 0 0 0 0 I� O a0 c CO O) r•-: 00 O I- N x- 71- N- I- O M O O O OM O O O O O O O O co O O O O O O O O O O O D) c O O O O O O O O N O O O O O O O O O O rzO(0 0 0 0 0 0 0 0 0 (O 0 0 0 0 07/01/2016 0(00) ao O I- N 71- N -o0") I -OM 03/15/2017 C C C C C C C C C C C C C C C C C C C LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL •0000 o 0 0 0 0 0 0 0 0 0 0 0 0 0 C (0 (0 (0 (0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O) o m m m E E E E E E E E E E E E E E E 3:13:13:13:10 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 C > > C > > > = C > = C o o = 2 2 2 2 'O LL LL LL LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O X x x x 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 1- 1- 1- 1 0) N N N N N N N N N N N N N N O) O) O) 0) 0) O) 0) 0) 0) 0) 0) 0) 0) 0) 0) T -O "O "O "O Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q `) O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (1) N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 J J J J J J J J J J J J J J J Q O 000<<<<<<<<<<<<<<< m LL LL a a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 03-2-IMPR11 793593007-5 03-4 ADMIN11 94686001-5 03-4 PREP11 94686005-5 (0 w c 0 94686006-5 03-01-1 RES 94669917-1 a 2 N O co O 276213008-1 03-06 RES -1 164742006-1 03-1 ACQ A2 94669911-1 03-1 ACQ B2 94669921-1 03-2-1 ACQUI 793593011-1 0 0 • a w 77 N N M M O O 793593009-1 793593007-1 03-2-1 PW AD 793593010-1 03-2-3 RESER 793593006-3 03-3 ACQ 2 0303-1 RES RDA 07 PRO -1 RDA 07 RES -1 RDA 10B CIP1 744727011- 64741006- 07886028- 07886026- 36343018 - RDA 06 RES A (0 H 01-2 SPECESC 233358050-1 50 50,552,246.49 50,552,246.49 50, 550,144.13 Subtotal and Average Retention Escrow Account co c O O O Union Bank ARMY CORPS M (c0 O O (0 M a 0 (0 co n (0 N O O (0 Subtotal and Average Letter of Credit 07/01/2016 ASSURANCE CO BOND INSURANCE CO O CD0 104348006-1 O O O Subtotal and Average Local Agency Investment Funds 24,1 24,091,812.28 24,111,681.49 CA Local Agency Investment Fun 0 O (0 CA Local Agency Investment Fun 25,466,625.49 25,445,639.74 25,466,625.49 CA Local Agency Investment Fun 0 0 0 Portfolio TEME U PM (PRF_PM2) 7.3.0 Run Date: 06/20/2017 - 14:01 a c) E N c c CD CZ 0 'c E O a) 1- 0 O O 0 U a May 31, 2017 2 c> 20 F CO } Book Value Market Value 0 a 0 0 0 Investment # a (0 U N T N O) O 49,580,076.02 49,539,219.60 49,580,076.02 43,167,172.79 Subtotal and Average Federal Agency Callable Securities 845 09/24/2019 N 0 N N 0 0 N N 0 0 N CO 0 0 0 0 00) 0) (O r 1,755 03/22/2022 880 10/29/2019 386 06/22/2018 666 03/29/2019 1,217 09/30/2020 547 11/30/2018 1,030 03/27/2020 O NN O 1,093 05/29/2020 636 02/27/2019 970 01/27/2020 0 0 0 O) CO O) O) CO CO O) CO O r N N N O O O O O O O O O O O O N N N N N N N N N N N N V V CD CO V co r co M V V N N N N N N N N N 0) CO 00N N 00 M l0 O O O O 0 0.- 0.- 0 0 0 O) x- CO 01 N co a N N O I� CO CO CO N O) N CO 0 N In 0) N 10 CO N r 0 LI) 0 0 0 0 0 V 0 0 0 lI) 0 0 0 0 0 0 l0 N- 0I) O l() O I -- a0 O r O N O l0 O N l0 0 CO O) r L() (I) N N co. 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N N M (0 00 O O O O O O O O O O O O O O O O O 0_ CL 0_ 0_ 0_ 0 y y y y y 0 0 0 0 0 0 0 = C = = = = C C C C C 0) 0) 0) 0) 0) 0) 0) In N N N N N co co MI al CO 0)0)0)0) m 2 2 2 2 2 2 2 Q Q Q Q Q Q C C C C C C C C C C C O O O O O 0) C CO CO CO CO m CO m m m m m m g g g g g g 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O EEEEEEEEEEE E 0————— 0 0 0 0 0 0 0 0 0 0 0 o m m m m m m 2 2 2 2 2 2 2 2 2 2 2 2 Z Z Z Z Z Z I0 01 01 I0 01 I0 01 01 01 01 01 01 01 01 01 01 01 01 0) 0) 0) 0) 0) 0) 0) 0 a) 0) 0) 0) 0) 0) 0) 0) a a a a a a a a -o0 -o0 -o-o -o a -o -o -o -o a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL I� co N- co O_ O) 0 V O) 01 V10 CO r CO x- 0 N O N N N M N N N CO CO O N N N N N N 01 N 01 N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O) U) 01 CO V a0 co w m a co Q > or (o U 0 0 0 <000 0 0 0 0 0 o c c el - CO CO CO CO CO CO CO CO 0 co a0 O) V r- 0 l0 r l() O) m N Y U 2 J W 0) CO CO CO (V N N Com') CO CO 0 0 0 0 0 0 0 0 0 V V V CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO 1: 17,932,300.00 18,000,000.00 17,064,516.13 Subtotal and Average Federal Agency Bullet Securities 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O OO co r r O) ) d) V O O 00 00 O O o) O O O O O 00 O O o) O O O) O) O O) 0 0 0) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co 0 O O O O O O O O O 0 0 co O 0 0 0 0 0ocococoo 0 0 0 0 0 0 0 0 0 0 0 co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1.0 CO 1.0 10 CO N- r CO 0 0 0 0 0 0 0 0 0 N N N N N N N N 01 V CO r CO CO V V CO c 7,- N N N 7 N N 0 0,- 0 0 0 0 L -1-) Farm Credit Bank Farm Credit Bank Farm Credit Bank y y y y y 0 0 0 0 0 CO CO CO CO CO C co C C 0 0 0 0 0 EEEEE 2 2 2 2 2 National Mtg Assn I0 01 I0 01 01 01 01 01 I0 0) 0 0) 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 LL LL LL LL LL LL LL LL LL CO 01 10 CO x- M 0 CO el - 0) 0) 0 N 0 x- N M CO Cr) x- N N N N N N 01 x- 0 0 0 0 0 0 0 0 0 O N -O O) V O co Z= Q 2 N>- o a O W 0 V l0 co Q 0] 0 W< co co co 0 0 0 0 0 LC) co co co co co co co co co CO CO CO CO CO CO CO CO CO 0 N 0) 0 00 8,993,680.00 8,983,720.00 9,000,000.00 8,251,744.52 Subtotal and Average Portfolio TEME PM (PRF_PM2) 7.3.0 Run Date: 06/20/2017 - 14:01 Book Value Market Value May 31 Investment # 127,726,647.86 127,608,131.44 127,732,967.86 121,056,145.41 Total and Average Portfolio TEME a U PM (PRF_PM2) 7.3.0 Run Date: 06/20/2017 - 14:01 co .O i 5 To O U ti • NN > .ac • R c.) w — a w LE O O co r 4- 4- L L O p O N°3 a a o c 6 2 0 R 0 0 0 CO Market Value M 0 0 0) 0 C > R > R m 0 N 0 Investment # Passbook/Checking Accounts © O O O O O O O QQQQ © O O O O O O O © QQQQ © O O O O O LC) O W O W CO CO CO N O) N CO- 71- 0 OV 0 O O LO O C°. C°. • CO CO CO CO M N O) N M V t� 07/01/2016 WORKERS COMP BANK OF AMERICA MERRILL LYNC 1453718479 07/01/2016 SYSPetty Cash SYSGen Ck Acct 07/01/2016 SYSParking Ck O O O Average Balance N O 129,226,499.51 129,107,983.09 129,232,819.51 121,056,145.41 Total Cash and Investments Portfolio TEME a U PM (PRF_PM2) 7.3.0 Run Date: 06/20/2017 - 14:01 Fund # Fund Name 001 GENERAL FUND 100 STATE GAS TAX FUND 120 DEVELOPMENT IMPACT FUND 125 PEG PUBLIC EDUCATION & GOVERNMENT 135 BUSINESS INCUBATOR RESOURCE 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 150 AB 2766 FUND 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 161 LARRY ROBINSON REWARD 165 AFFORDABLE HOUSING 170 MEASURE A FUND 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 198 PUBLIC ART 210 CAPITAL IMPROVEMENT PROJECT FUND 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 277 CFD-RORIPAUGH 278 CFD-RORIPAUGH II 300 INSURANCE FUND 305 WORKERS COMPENSATION 310 VEHICLES AND EQUIPMENT FUND 320 INFORMATION TECHNOLOGY 325 TECHNOLOGY REPLACEMENT FUND 330 CENTRAL SERVICES 340 FACILITIES 380 SARDA DEBT SERVICE FUND 381 REDEVELOPMEN PROPERTY TAX TRUST 395 2011 FINANCING LEASE 2001 & 2008 COPS 460 CFD 88-12 DEBT SERVICE FUND 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 478 CFD-RORIPAUGH II 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"ZONE 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 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES Grand Total: Cash and Investments Report CITY OF TEMECULA Through May 2017 Beginning Balance Receipts Disbursements Fund Total $ 30,776,599.61 $ 9,782,969.93 $ 7,905,873.84 $ 32,653,695.70 354,849.15 62,426.64 292,422.51 7,683,235.74 200,043.76 725.06 7,882,554.44 284,479.04 28,220.48 24,355.94 288,343.58 97,337.93 1,875.00 9,632.47 89,580.46 232,654.87 4,320.00 21.80 236,953.07 69,869.44 - 1,951.72 67,917.72 8,352.20 - 0.77 8,351.43 25,581.81 - 2.35 25,579.46 505, 234.02 125, 533.84 12, 210.15 618, 557.71 5,791,902.42 246,620.70 42,852.66 5,995,670.46 1,214,667.85 2,167,215.90 537,968.24 2,843,915.51 26,687.06 296,918.58 73,964.00 249,641.64 541,144.67 3,498,868.80 19,500.19 4,020,513.28 23,623.35 2,161.10 2.37 25,782.08 325,569.92 111,857.02 9,642.18 427,784.76 238,957.08 9,955.94 25,485.53 223,427.49 64,924.05 955.12 6.06 65,873.11 12,034,344.08 44,206.32 428,730.36 11,649,820.04 974,720.33 505.28 - 975,225.61 301,550.54 156.32 - 301,706.86 16, 493,120.03 640.25 104, 688.65 16, 389, 071.63 6,411,191.59 3,323.46 - 6,414,515.05 444,494.44 - 39,356.35 405,138.09 805,330.19 20,000.00 33,711.97 791,618.22 1,580,402.21 - 145.36 1,580,256.85 451,874.94 - 146,237.35 305,637.59 481,084.49 - 62,534.50 418,549.99 460,553.29 523.32 27,803.47 433,273.14 507,826.01 17.17 89,535.41 418,307.77 16,722,613.92 9,350.90 - 16,731,964.82 913,733.80 - 125,068.10 788,665.70 534,390.19 98.30 534,291.89 89,919.28 - 8.27 89,911.01 1, 034, 336.20 490, 290.44 1,605.41 1, 523, 021.23 1,270,165.53 421, 202.73 1,595.62 1, 689, 772.64 81,442.48 40,841.72 1,045.90 121,238.30 2,463,465.75 897,298.41 1,664.77 3,359,099.39 449, 246.99 144, 435.34 1,567.03 592,115.30 810,982.88 554,352.36 1,835.31 1,363,499.93 4,391,533.08 2,251.75 411.44 4,393,373.39 11,451.12 17,980.00 3,220.98 26,210.14 71,334.00 19,891.50 7,064.06 84,161.44 8,096.15 21,518.00 2,977.86 26,636.29 3,368.17 2,944.00 1,620.57 4,691.60 15,909.65 18,637.50 7,378.40 27,168.75 23,138.46 10,872.68 4,340.29 29,670.85 7,064.92 7,743.00 1,729.18 13,078.74 63,642.38 63,262.50 21,035.38 105,869.50 23,101.50 2,323.00 2,008.88 23,415.62 10,153.32 4,582.00 615.43 14,119.89 2,636.57 1,050.00 117.81 3,568.76 62,737.59 50,474.12 5,799.77 107,411.94 11,755.00 15,755.00 2,089.44 25,420.56 6,534.30 6,452.50 4,215.46 8,771.34 2,074.47 4,987.50 708.73 6,353.24 34,994.03 17,675.00 4,592.83 48,076.20 1,492.68 966.00 174.09 2,284.59 32,471.40 41,230.00 7,247.65 66,453.75 70,503.88 28,409.12 7,594.52 91,318.48 107,699.90 81,462.50 20,359.14 168,803.26 142,707.87 133,369.60 36,023.15 240,054.32 1,426.98 4,879.06 718.87 5,587.17 12, 860.75 3,960.00 1,307.28 15, 513.47 47,957.10 73,750.00 6,196.72 115,510.38 41,561.30 20,941.22 4,253.08 58,249.44 1,182.74 1,080.01 176.79 2,085.96 5,785.01 4,165.00 1,154.07 8,795.94 358,783.96 110,295.00 13,994.18 455,084.78 1,326.80 1,695.62 180.39 2,842.03 34,138.95 - 3.14 34,135.81 $ 118,302,644.06 $ 20,768,502.71 $ 9,963,163.68 $ 129,107,983.09 Journal Entries completed after April's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns. Item No. 5 TO: FROM: DATE: SUBJECT: Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jennifer Hennessy, Finance Director July 11,2017 Approve the First Amendment to the Third Amended and Restated Joint Powers Agreement Creating the Southwest Communities Financing Authority (SCFA) Animal Shelter RECOMMENDATION: That the City Council approve the First Amendment to the Third Amended and Restated Joint Powers Agreement Between the County of Riverside and The City of Canyon Lake; The City of Lake Elsinore; The City of Murrieta; The City of Temecula; and The City of Wildomar; creating the Southwest Communities Financing Authority (Animal Shelter). DISCUSSION: The proposed amendment to the Joint Powers Agreement alters Section 8.a. "Officers and Employees" of the agreement to extend the appointment of the Chairperson and Vice Chairperson from a one-year term to a two-year term. BACKGROUND: The City of Temecula has contracted with Animal Friends of the Valleys (AFV), formerly L.E.A.F., since 1995 for animal control services. On December 7, 2004, the City Council approved Temecula's participation in a Joint Powers Authority referred to as the Southwest Communities Financing Authority (SCFA). The member agencies of the SCFA include the Cities of Temecula, Murrieta, Lake Elsinore, Canyon Lake, and the County of Riverside. The express purpose of the JPA was to fund and construct an animal shelter, located in Wildomar that will serve the region. The construction of the Southwest Communities Shelter was completed in September 2010. FISCAL IMPACT: contract amendment. ATTACHMENTS: There is no fiscal impact associated with the approval of this First Amendment to the Third Amended and Restated Joint Powers Agreement creating the Southwest Communities Financing Authority (SCFA) Animal Shelter First Amendment to the Third Amended and Restated Joint Powers Agreement Between the County of Riverside and The City of Canyon lake; The City of Lake Elsinore; The City of Murrieta; The City of Temecula; and The City of Wildomar; Creating the Southwest Communities Financing Authority (Animal Shelter) This 1St Amendment to the Third Amended and Restated Joint Powers Agreement ("Agreement") is made and entered into as of July 11, 2017, by and between the members of the Southwest Communities Financing Authority ("SCFA") RECITALS SCFA, a California joint powers authority, entered into the Third Amended and Restated Agreement on November 2, 2010. The Agreement is amended as follows: 1. Section 8. Officers and Employees subsection a, is deleted in its entirety and replaced with the following language: (a) Chairperson and Vice Chairperson. The Board may select a chairperson and a vice chairperson from among its members at its first meeting, and bi-annually thereafter. The term of the Chairperson and Vice Chairperson, when selected in the manner, shall be for two (2) years. In the event that the Chairperson or Vice Chairperson so elected resigns from such office or ceases to be a member of the Board, the resulting vacancy shall be filled at the next regular meeting of the Board. In the absence or inability of the Chairperson to act, the Vice Chairperson shall act as Chairperson. The Chairperson, or in the Chairperson's absence, the Vice Chairperson, shall preside at and conduct all meetings of the Board. 2. Except as set for in this Amendment, the Contract is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this amendment and the Agreement or any earlier amendment, the terms of the First Amendment will prevail. 3. If any of this 1St Amendment or the Contract is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. FIRST AMENDMENT TO THE THIRD AMENDED AND RESTATED JOINT POWERS AGREE CREATING THE SOUTHWEST COMMUNITIES FINANCING AUTHORITY 1 COUNTY OF RIVERSIDE By: Dated: ATTEST: Kecia Harper- Them, Clerk of the Board By: Dated: Deputy Approved as to form By: Deputy County Counsel CITY OF CANYON LAKE By: Dated: ATTEST: By: Dated: Deputy Approved as to form By: City Attorney CITY OF LAKE ELSINORE By: Dated: ATTEST: By: Dated: Deputy Approved as to form By: City Attorney FIRST AMENDMENT TO THE THIRD AMENDED AND RESTATED JOINT POWERS AGREE CREATING THE SOUTHWEST COMMUNITIES FINANCING AUTHORITY 2 CITY OF MURRIETA By: Dated: ATTEST: By: Dated: Deputy Approved as to form By: City Attorney CITY OF TEMECULA By: Dated: Maryann Edwards, Mayor ATTEST: By: Dated: Randi Johl, City Clerk Approved as to form By: Peter M. Thorson, City Attorney CITY OF WILDOMAR By: Dated: ATTEST: By: Dated: Deputy Approved as to form By: City Attorney FIRST AMENDMENT TO THE THIRD AMENDED AND RESTATED JOINT POWERS AGREE CREATING THE SOUTHWEST COMMUNITIES FINANCING AUTHORITY 3 c Item No. 6 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 11, 2017 SUBJECT: Approve the Amendments to Annual Agreements for Professional On -Call Services for the Various Needs for the Department of Public Works, Capital Improvement Program (CIP) Division for Fiscal Year 2017-18 PREPARED BY: Julie Tarrant, Senior Management Analyst RECOMMENDATION: That the City Council approve the Amendments to Annual Agreements for Professional On -Call Services, in the amounts stated, for various needs for the Department of Public Works, Capital Improvement Program (CIP) Division for Fiscal Year 2017-18, as follows: Property Acquisition Services Interwest Consulting Group, Inc. — Second Amendment $60,000 Paragon Partners Ltd. — Second Amendment $60,000 Geotechnical and Material Testing Services Construction Testing & Engineering, Inc. — Second Amendment $200,000 Geocon West, Inc. — Second Amendment $200,000 Leighton Consulting, Inc. — Third Amendment $200,000 Engineering, Survey, and Environmental Services David Evans and Associates, Inc. — Second Amendment $200,000 Dokken Engineering — Second Amendment $200,000 Michael Baker International, Inc. — Third Amendment $200,000 Title and Escrow Services Chicago Title Company — Third Amendment $30,000 BACKGROUND: Effective July 1, 2015, the City Council approved agreements with the above listed firms to complete on-call services necessary to assist with delivering capital improvement projects. The needed services are identified and scope of services and associated fees are requested from the appropriate Consultant. Each fiscal year, Consultants submit their most current payment rates and schedule for each of the services and funds are allocated from the corresponding CIP project budget. Only approved CIP projects will utilize the services under these agreements, unless directed otherwise by the City Manager or City Council. The original Agreements allow for multiple extensions, and the Amendments to each Agreement will allow for continued services during Fiscal Year 2017-18. Each firm listed has responded to service requests in a timely manner, provided an economical means of completing the necessary work and performed satisfactorily. Therefore, staff is recommending agreement extensions for these vendors. FISCAL IMPACT: Adequate funds have been appropriated in the Capital Improvement Program (CIP) Budget for Fiscal Year 2017-18. Individual service requests are funded by the various funding sources approved for each project. ATTACHMENTS: 1. Interwest Consulting Group, Inc., Second Amendment 2. Paragon Partners Ltd., Second Amendment 3. Construction Testing & Engineering, Inc., Second Amendment 4. Geocon West, Inc., Second Amendment 5. Leighton Consulting, Inc., Third Amendment 6. David Evans and Associates, Inc., Second Amendment 7. Dokken Engineering, Second Amendment 8. Michael Baker International, Inc., Third Amendment 9. Chicago Title Company, Third Amendment SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND INTERWEST CONSULTING GROUP, INC. PROPERTY ACQUISITION SERVICES THIS SECOND AMENDMENT is made and entered into as of July 11, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Interwest Consulting Group, 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, 2015, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services," in the amount of $60,000. b. On June 28, 2016 the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Consultant Services", to extend the term of the Agreement to June 30, 2017, and increase the payment in the amount of $60,000. c. The parties now desire to extend the term of the agreement June 30, 2018, increase the payment in the amount of $60,000, 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, 2018, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 6 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 Sixty Thousand Dollars ($60,000), for additional Property Acquisition Services, for a total Agreement amount of One Hundred Eighty Thousand Dollars ($180,000). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. 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 INTERWEST CONSULTING GROUP, 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 ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Debbie Thorson, Chief Financial Officer Ron Beehler, Regional Director Interwest Consulting Group, Inc. Attn: Julie Cline 15140 Transistor Lane Huntington Beach, CA 92649 714.899.9039 jcline@interwestgrp.com 2 PM Initials: Date: ATTACHMENT A Payment Rates and Schedule Fee Schedule PROPERTY ACQUISITION SERVICES THE CITY OF TEMECULA 1NTERWEST CONSULTING GROUP Property Acquisition Services —Interwest Consulting Group Project Manager $159.00 /Hr Senior Real Property Agent $132.50 /Hr Real Property Agent $116.50 /Hr Real Estate Technician $90.00 /fir Senior Administrative $69.00 /Hr The hourly rates include all overhead, travel and supplies Surveying Services - Mark Thomas & Company Principal $325.00 /Hr Land Surveyor. Survey Manager $200.00 /Hr Project Surveyor $145.00 /llr Engineering/Survey/CADD Technician $126.00 /Hr Inspector $121.00 /Hr Technical Writer $105.00 /Hr Design (Tech Assistant) $68.00 /Hr Survey (Tech Assitant) $68.00 [lir Administrative $80.00 /Hr Relocation Services—Del Richardson &Associates, Inc. Project Director $155.00 /Hr Project Manager $130.00 /Hr Sr. Relocation Agent $120.00 /Hr Relocation Agent $100.00 /Hr Administrative $70.00 /14r Appraisal Services Robert Shea Perdue, MAI See attached Appraisal Review Roger Doverspike, MAI See attached Updated 6.13.17 4 4 PROPERTY ACQUISITION SERVICES THE CITY OF TEMECULA PAGE 2 dr- 1NTERWEST ONSULTING GROUP Good Will Appraisal — Donna Desmond & Associates Goodwill Loss Appraisal Preparation $350.00 /Hr Testimony $450.00 /Hr FF&E Appraisal —Hodges Lacey &Associates, LLC Michael Lacey, ASA $150.00 /Hr Richard Hodges, ASA $150.00 /Hr Title & Escrow — Commonwealth Land Title Preliminary Title Reports Litigation Guarantees Escrow Fees Title Insurance Rates 5 5 See attached See attached See attached Dependent upon value of title insurance Updated 6.13.17 PERDUE & RUSSELL REAL ESTATE APPRAISAL =1919 Moreno Road, Juice A. Temecula. CA 92590 aerriag Southern California Phone: (951) 694.6904 Fax: (951) 694-6964 App-ai&! Cer..sularts a Goremmert Finsnca'sl, Legal snd Agricultural fikfuctnea Type of Property/Proiect Fees Land Residential Lnd Commercial Land industrial Land Fee Schedule City of Temecula Department of Public Works April 10, 2015 Minimum (Starting) Appraisal 52.000 - S20,000* 52,000 - $20.000* 52,000- 520.000* Improved Single Family 51.500 *(if a font) Multi Family 52,000 - 520,000* Commercial 52,5(10 - 520,000* Industrial 52,000 - 520,000* Reviews Desk Top Review Review & Opinion of Value 51,000 - 520-000* 51,500 - 520,000* *The Not -to -exceed amount will ultimately depend upon the complexity and size of the assignment. For example, a street right-of-way acquisition containing 50 properties, or a redevelopment project containing a similar number of properties will result in a much higher fee. Fee determinants include the type of report: Restricted or Summary Appraisal, as well as property characteristics. Highest and Best Use, etc., as well as the client's timing. Appraisals are quoted and billed on a lump sum case-by-case basis. Should appraisers' time be required for litigation appraisal including updated estimates of value, attorney/client conferences, deposition or expert witness testimony. this time will he killed at our standard rates of $250 and $350 per hour, respectively. PRREA's current hourly rate schedule for standard appraisal report services is as follows: Hourly Rate Robert Shea Perdue, MAI 5250 Richard T. Russell, Partner and Senior Appraiser 5225 Roger Doverspike, MAL, Senior Appraiser S225 Brad Bassi. Panner, Senior Appraiser S180 Brenda Fusco, Senior Appraiser 5180 Colleen M. Matthies. Senior Appraiser S180 Glenna Reynolds, Office Manager/Research Assistant 590 6 6 EXHIBIT A MARK THOMAS & COMPANY, INC. CHARGE RATE SCHEDULE ".1 -1 - Expires .lune 30, 2016• HOURLY CHARGE RATES PROFESSIONAL AND OFFICE Principal $ 325.00 per hour Senior Engineering Manager 310.00 per hour Engineering Manager 252.00 per hour Structural Manager 278.00 per hour Senior Project Manager 226.00 per hour Senior Survey Manager 210.00 per hour Project Manager 200.00 per hour Survey Manager 200.00 per hour Senior Project Engineer 178.00 per hour Project Engineer 168.00 per hour Senior Design Engineer 158.00 per hour Design Engineer 118.00 per hour Project Surveyor 145.00 per hour Sr. Engineering/Survey/CADD Technician 126.00 per hour Engineering/SurveylCADD Technician 110.00 per hour Inspector 121.00 per hour Technical Writer 105.00 per hour Design (Tech Assistant) 68.00 per hour Survey (Tech Assistant) 68.00 per hour Senior Project Coordinator 108.00 per hour Project Coordinator 100.00 per hour Senior Administrative 85.00 per hour Administrative 80.00 per hour FIELD Single Chief without Equipment Single Chief with Equipment Single Chainman 2 Person Field Party and Vehicle 3 Person Field Party and Vehicle LANDSCAPE ARCHITECT SERVICES Landscape Architect II Landscape Architects SPECIAL SERVICES Expert Witness Strategic Consulting (Principal) OM ER DIRECT COSTS Reimbursables including, but not limited to: Printing and Materials. Filing Fees. and Field Expenses 5 119.00 per hour 170.00 per hour 96.00 per hour 270.00 per hour 345.00 per hour 5 200.00 per hour $ 178.00 per hour $375.00 per hour 375.00 per hour -Cost plus 5% Outside Consultant Fees -Cost plus 5% *Rates subject to escalation with new hourly rate schedule as of July 1. 2016 pg. 1 -REV 1 7 7 Commonwealth' LAND TITLE COMPANY Preliminary Title Report Fees Property Type SFR's $450-$550 Commercial/Industrial $550-$750 Utility Owned 5750-$1,00(1 Municipal: City, County_ State. S70041..500 Federal Rail Road 51 i00 - $2,000 One free update of the title report is provided within 12 months from the time of order. From 13-24 months the cost is $350 and anything beyond 24 months could require a new search. Plotted Easements are an additional 565.00. Please allow extra time to process these. Preliminary Title Reports will contain the most current vesting deed and copies of any and all applicable underlying schedule 13 documents including tax and other assessment information, any and all casements and rights of way. any and al] deeds, restrictions. covenants, UCC financing statements affecting property and any pending legal activity. lawsuits and bankruptcy filings of record. Our standard fees listed above include up to 3 contiguous parcel numbers with same ownership for SFR and Commercial/industrial properties located in Southern California. Products will be distributed in soft copy formai. Additional fees could be added for "Special Handling" or when significant "Hard Costs' on a local basis is required. Properties requiring additional lime and increased price are but not limited to Rail Road. Utility Owned_ City, County, State, Federal, BLIA or any other Government owned property. The above pricing arc estimated ranges. 4100 Newport Place Dr. Ste. 120 Newport Beach, Ca 92660 8 8 COMMONWEALTH LAND TITLE INSURANCE COMPANY PART II OWNER'S INSURANCE Insurance Rate Table "R" (without escrow services) Amount of Insurance Base Rete (Owner's) Residential Owner's Rate Lender's Concurrent Rate Amount of InSuranCe Base Rate (OWner'S) Residentia I Owners Rate Lender's Concurrent Rate Up to and including 530.000 5396 5400 5265 5165001-170500 5870 5738 5365 530,001-35,000 6418 5400 5265 5170.001-175000 5884 5750 9370 535.001-40,000 5418 5400 9265 5175.001-180,000 5899 _ _ 5762 5375 540001-45,000 5462 5400 S285 5180.001-185,000 5913 5773 S380 $45.001-50.000 $462 5400 5285 5185.001-190.000 5928 5785 5385 550.001.55.000 5472 5418 5285 6190001-195.000 5943 5796 5390 555.001-60.000 5494 5435 6285 5195.001-200000 5957 5808 5395 560.001-65.000 5516 5453 5285 5200.001-205.000 5971 $819 5400 865.001-70.000 6538 5470 5285 5205.001-210,000 5988 5830 5405 570.001.75,000 5560 5488 5285 5210,001-215,000 51,000 5842 5410 575.001-80,000 5582 5506 5285 5215,001-220000 51.014 5853 5415 500.001-05,000 5604 5523 5285 5220,001-225,000 51,029 5864 5420 585.001-90,000 5626 5541 5285 5225,001-230.000 51,043 5875 5425 890.001-95,000 5648 9558 5285 5230,001-735,000 51,057 5886 5430 595.001-100,000 5667 5576 5285 5235,001-240,000 51,071 5898 9435 $100.001-105,000 5681 5588 5300 5240,001-245.000 51,086 5909 9440 5105.001-110,000 6695 5599 6305 5245.001-250.000 61.100 6920 5445 9110,001-115,000 5711 5611 5310 5250.001-255.000 51,114 5931 5450 6115.001-120.000 5725 5822 5315 5255.001-260.000 51,125 5942 5455 9120.001.125.000 5739 5634 5320 5260.001-265.000 51,143 5954 5460 9125.001-130,000 5754 5646 5325 5265,001-270.000 51.157 5965 5465 5130.001-135.000 9768 $657 5330 5270,001-275000 51.172 5976 5470 9135.001-140,000 5783 5669 5335 5275001-280.000 51.186 5987 5475 5140.001-145,000 5798 5680 $340 6280.001-285.000 91.200 5998 5460 5145.001-150,000 5812 5692 5345 5285.001-290000 51,214 51,010 5485 5150.001-155,000 5826 5704 5350 5290001-295.000 91.229 51.021 5490 5155.001-160,000 5840 5715 5355 9295001-300.000 51.243 51,032 5490 $160.001-165,000 5856 5727 5360 For Each Additional 65,000 or fraction Ihereaf above 5300,000 Base Rate (Owner's Resld anti al Owner's Rate Landers Concurrent Rale Up to and including $500,000 Add $10.55 per $5,000 51,665 Add 56,50 per $5,000 $1,372 Add 55.25 per 55.000 $700 Up to and including 9850 000 Add 99.90 per 55,000 52,355 Add 57.90 per 55,000 51.925 Add 55.25 per 55,000 51,067.50 Up to and including 51,000.000 Add $9.50 per 55,000 52.643 Add 57.60 per 95 000 52,153 Add 53.55 per 55.000 51,174 U7 to and indading 51,500.000 Add 57.50 per 56000 53,393 Add 56.00 per 55,000 52,753 Add 52.50 per 55,000 51,424 Up to and including 52,000,000 Add 57.25 per 55.000 54,118 Add 55.60 per 55.000 53,313 Add 52.20 per 55.000 51.644 Up to and including 52,500.000 Add 54.00 per 56000 54,518 Add 53.35 per 55.000 53,648 Add 62.20 per 55.000 51.864 Up to and including 53,000,000 Add 53.70 per 55,000 54,688 Add 53.15 per 55 000 $3963 Add 52.20 per 55,000 52.084 Up to and including 54,000,000 Add 53.60 per 55,000 55,608 Add 52.95 per 55.000 54,553 Add 52.20 per 55.000 52.524 Over 54,000.000 Add 53.70 per 50.000 Add 52,95 per 55.000 Add 52.20 per 55.000 State of California Effective: May 18, 2016 13 9 9 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PARAGON PARTNERS LTD PROPERTY ACQUISITION SERVICES THIS SECOND AMENDMENT is made and entered into as of July 11, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Paragon Partners Ltd., 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, 2015, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services," in the amount of $60,000. b. On June 28, 2016, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Consultant Services', to extend the term of the Agreement to June 20, 2017, and increase the payment in the amount of $60,000. c. The parties now desire to extend the term of the agreement June 30, 2018, increase the payment in the amount of $60,000, 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, 2018, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 6 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 Sixty Thousand Dollars ($60,000), for additional Property Acquisition Services, for a total Agreement amount of One Hundred Eighty Thousand Dollars ($180,000). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. 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 PARAGON PARTNERS LTD. (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: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Neilia A. LaValle, President and CEO Joel Sewell, Secretary Paragon Partners Ltd. Attn: Neilia LaValle 5762 Bolsa Avenue, Suite 201 Huntington Beach, CA 92649 714.379.3376 neilia@paragon-partners.com 2 PM Initials: Date: (- ATTACHMENT A Payment Rates and Schedule PARAGON PARTNERS 1 1E) City of Temecula Paragon Partners Ltd. 1 2017 Pricing Schedule ACQUISITION SERVICES Task Rate per Case Discounts Residential Acquisitions $3,000.00 Negotiable for over 10 cases. Commercial Acquisitions $4,000.00 Negotiable for over 10 cases. Difficult Commercial/Industrial Acquisitions $5,000.00 Based on level of difficulty. Tenant Acquisitions $2,250.00, Negotiable for over 10 cases. Land Only Acquisitions $2,600.00 Complex relocation will be based on the level of difficulty as approved by Agency. Part -take Acquisitions $3,250.00 Negotiable for over 10 cases. Part -take Acquisitions (severance damage issues) $4,000.00 Based on level of difficulty. RELOCATION SERVICES Task Fee $2,000.00 Discounts HCD Plan (less then 10 interviews) Replacement Housing Plan $1,250.00 Noncomplex residential Relocation Plan $2,000 + $75 per interview Residential Relocations $3,000.00 Negotiable for over 10 cases. Temporary Residential Relocations $2,500.00 Negotiable for over 10 cases. Common Commercial/Industrial Relocations $4,000.00 Complex relocation will be based on the level of difficulty as approved by Agency. Industrial Relocations $10,000.00 PROPERTY MANAGEMENT Task Fee Comments Rent Collections 5% of rent N/A Property Maintenance $75/per hour Rates apply to oversight work for maintenance issues addressed by Paragon (i.e. repairs, etc) SUBCONSULTANTS 1 PASS THRU FEE RANGE Legal Description and Plat Maps $1,000.00 $1,500.00 Real Property Appraisals Vacant Land $1,500.00 $2,550.00 Noncomplex residential $750.00 $1,500.00 Part -take Acquisitions (non-complex) $1,500.00 $2,500.00 Noncomplex commercial $2,000.00 $3,000.00 Complex commercial $3,500.00 $5,000.00 Noncomplex industrial $3,000.00 $4,000.00 Complex industrial $5,000.00 $7,500.00 Review Appraisals $500.00 $1,000.00 Furniture, Fixtures and Equipment Appraisals $1,250.00 $5,000.00 Goodwill appraisals (windshield valuation) $1,000.00 $1,500.00 Goodwill appraisals $5,000.00 $9,500.00 Asbestos Testing -Environmental $1,200.00 $2,500.00 Board -ups $1,000.00 Fencing Bid by linear foot **Pricing will vary based on complexity of each appraisal. Additional services to be provided on hourly basis. 4 City of Temecula Paragon Partners Ltd. 1 2017 Pricing Schedule ADDITIONAL SERVICES NOT INCLUDED IN CASE RATE DIRECT CHARGES 50.15 each Position Hourly Rate Project Director $195.00. QA/QC $195.00 Project Manager 5175.00 Title Supervisor $120.00 Sr. Title Agent $95.00 Title Agent 585.00 Principal Acqusition/Relocation Agent $115.00 Sr. Acquisition/Relocation Agent $95.00 Acquisition/Relocation Agent $85.00 Right of Way Technican $75.00 Project Coordinator 575.00 Administrative Support $65.00 Copies (Xerox) @ DIRECT CHARGES 50.15 each Pagers/Cellular @ Cost D & E Size Copies @ $5.00 each Air Travel & Lodging @ Cost Real Estate Data Services @ Cost + 15% Mileage @ $0.57 per mile* Telephone/Fax @ Cost Sub -Consultants @ Cost + 15% Postage/FedEx @ Cost Other Expenses @ Cost +15% *Or current IRS allowable Terms of Payment— Net 30 days. Invoices will be submitted monthly. All rates are effective as of January 1, 2017. Rates maybe revised annually on January 1st to reflect increases in the cost of living and current business conditions. Overtime for applicable labor classifications will be charged at 1.5 times the hourly rate in accordance with California law. 5 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CONSTRUCTION TESTING & ENGINEERING, INC. GEOTECHNICAL AND MATERIAL TESTING SERVICES THIS SECOND AMENDMENT is made and entered into as of July 11, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Construction Testing & Engineering, 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, 2015, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services," in the amount of $100,000. b. On June 28, 2016, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Consultant Services", to extend the term of the Agreement to June 30, 2017, and increase the payment in the amount of $100,000. c. The parties now desire to extend the term of the agreement June 30, 2018, increase the payment in the amount of $200,000, 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, 2018, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 6 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 Two Hundred Thousand Dollars ($200,000), for additional Geotechnical and Material Testing Services, for a total Agreement amount of Four Hundred Thousand Dollars ($400,000). 4. Exhibits "A" and "B" to the Agreement are hereby amended by adding thereto the items set forth on Attachments "A" and "B" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. 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 CONSTRUCTION TESTING & ENGINEERING, 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 ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Tom Gaeto, President Dan T. Math, Vice President Construction Testing & Engineering, Inc. Attn: Lisa Garcia 14538 Meridian Parkway, Suite A Riverside, CA 92518 951.571.4081 Tisa@cte-inc.net 2 PM Initial: Date: ��'" ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work as provided by the Consultant. The specific elements (scope of work) of this service include: • Subsurface Exploration, including but not limited to the following: In -Place Moisture and Density Tests Laboratory Maximum Density and Optimum Moisture Tests Sieve Analysis R -Value Direct Shear Tests Consolidation of Collapse Tests PH, Resistivity, Soluble Sulfate, and Chloride Tests • Logs of the Exploratory Borings summarizing the subsurface conditions encountered, Results of Laboratory Testing, and a Plan indicating the Location of the Explorations • Seismicity • Geotechnical Evaluation and Recommendations, including but not limited to the following: Grading Earthwork Settlement Considerations Surface and Subsurface Drainage Foundation, Column, and Slab Recommendations Slope Stability Soil Sulfate Content Implications Utility Trench Backfill Retaining Walls and recommended Lateral Earth Pressures used for Design Pavement Design Grading and Foundation Plan Review Construction Monitoring Pile Driving, if necessary Lateral Earth Pressures • Discussion of the Existing Pavement or Site Conditions • Recommendations of Removal of Unsuitable Material • Soil Ferrous Corrosivity and Portland Cement Attack Potential • Environmental Concerns / Hazards • Review of available Geologic Maps and Reports for the Region • Discussion of the Material Encountered in the Borings and Properties • Preparation of Field and Final Compaction Reports, as required. and Recommendations in the Report 3 Measured Engineering A Summary of Findings • Review of Project Plans and Specifications with emphases on Geotechnical and Laboratory Materials Testing Services, and attend Progress Meetings, as required • Observation and Field Testing Services during all phases of Site Grading, including but not limited to Removal of Unsuitable Soils, Approval of Areas to receive Fill ad Mass Fill Placement • Field Observation and Testing during Trench Backfilling Operations • Field Density Testing during Subgrade and Base Compaction • Field Sampling and Testing of Base and Asphalt Concrete • All necessary Laboratory Tests to support Fielded Services, and to satisfy Caltrans and other regulatory agency requirements • Batch Plant Inspections • Structure Backfill Observation and Testing • Concrete Sampling and Testing • Consulting Services requiring Corrective and/or Remedial Recommendations, if necessary • Inspection Services 4 ATTACHMENT B Attached hereto and incorporated herein is the additional pricing as provided by the Consultant. 5 GENERAL CONDITIONS: Estimates are based upon time on site rounded up to the next hour, pure one hour, using a five day work week; all overtime will be billed at 1 5 times regular rate Please note that all inspector and technician rates will increase to ccrnmensurate with State annual irorease. Same day cc show up time cancellations will be subject to the two -tour minimum charge. Geotechnical Testing Services: Servic- teataruroi Sole Technician (i ompaeibn Test - Fine Goading. Over -Ex) $67.180 Hardy Soft Technician (Compaction Teat - Trench 1 Wal BadcU) $87.00 Hourly Sole Technician (Compaction Test - Pavement SG / Bao) $57.00 Hourly Asphatib Paving Inspection 557.00 Hourly Fatting Inspection - Engineer / Geologist $90.00 Hourly Shoring Inspection $90.00 Hourly Lab Maximrmn Density 'lest 5175.00 Each Expansion Index 5120.00 Each ir Value Testing 5720.00 Each Sieve Analysis $50.00 Each Compaction Reports Gude Each Misc. Engineering Services 590.00 Hary Sr. Geologist Services 5120.00 Hourly Sr. E r Inver Services 5120.00 Asphalt Testing Asphalt Mix design Renew Extraction% Asphalt HVEEM Stablity Monahan Stability Maximum Theoretical Weight Percent Swell Unit weight Compacted or Core Requirtn Compaction Unit Wei 5150 Eeoh 5150 Each 51110 Each $160 Each $90 Each 590 Eaoh 560 Each 5125 Each city orTarnecule C.TE South, Inc 30f4 13 6 Apri 17, 2015 Fee Schedule Materials Testing and inspection Services: Service rr3! 'Jr Reinforced Concrete inspection 566.00 Houny ACI Concrete Technician 586.00 Hourly Pr Concrete Stressing Inspection 585.00 Hourly Concrete Batch Plant Inspection 585.00 Hourly Relrforced Masonry Inspection 585 DO Hourly Field Weld/Bolting Inspection: 585.00 Hourly Epoxy Bolt/Dowel Inspection: 585.00 Horny Plelllrg Inspection 585.00 Hourly Registered Special Inspector- Shop andlor Field Welding 585 00 Hourly Pion -Destructive Testing inspector - Shop and/or Field Welding 588.00 Hourty ShoiCrete Inepection 588.00 Hourly Fireproofing Inspection $86.00 Hourly Shot -Fine Pull CM Testing: 586.00 Hourly Ceiling Wire Hangar RAI Tests: 685.00 Hourly Concrete Mix Design Review 5190.00 Each Sodium Sulfate Tests $770.00 Each Reactivity Teats 5150.00 Each Base plate Grout Compression Testing 520.00 Each Base plate Grout Inspection 565.00 Each Grout Mix Design Review 5190.0D Each Concrete Compression Tess 520.00 Each Masonry Unit Conformance Quate Each Masonry Compoalis Prism Teats - e x 8'k 16' 595.00 Each Masonry Coring -1 Man Crew 5106.00 Hourly Masonry Core Compression Tests $30.00 Each Masonry Sheer Tests 560.00 Each Mortar Compression Tests 520.00 Each Grout Compression Tests 520.00 Each Fn eproo5ng Density Test 520.00 Each Fireproofing Ad,eslonlCoheslon Test 388.00 Each Sample & Tag Reber 585.00 Hourly Reber BendTest-#11 Bar and Under $35.00 Each Reber Tensile Teat - # 11 Bar and Under 530.00 Each Sample Pickup $30.00 Each Letter of Affidavit 5150.00 Each ptbtkc works ikpear- P 4.2/hr. city otTemecula CTE South, arc 4of4 14 7 Apr817, 2015 Fee Schedule SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND GEOCON WEST, INC. GEOTECHNICAL AND MATERIAL TESTING SERVICES THIS SECOND AMENDMENT is made and entered into as of July 11, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Geocon West, 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, 2015, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services," in the amount of $100,000. b. One June 28, 2016, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Consultant Services", to extend the term of the Agreement to June 30, 2017, and increase the payment in the amount of $100,000. c. The parties now desire to extend the term of the agreement June 30, 2018, increase the payment in the amount of $200,000, 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, 2018, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 6 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 Two Hundred Thousand Dollars ($200,000), for additional Geotechnical and Material Testing Services, for a total Agreement amount of Four Hundred Thousand Dollars ($400,000). 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 GEOCON WEST, 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 ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Joseph Vette!, CEO/President William J. Lydon, CFO Geocon West, Inc. Attn: Lisa Battiato 41571 Corning Place, Suite 101 Murrieta, CA 92562 951.304.2300 battiato@geoconic.com 2 PM Initials: Date: (- THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND LEIGHTON CONSULTING, INC. GEOTECHNICAL AND MATERIAL TESTING SERVICES THIS THIRD AMENDMENT is made and entered into as of July 11, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Leighton Consulting, 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, 2015, the City and Consultant entered into that certain Agreement entitled "Agreement for Geotechnical and Material Testing Services," in the amount of $100,000. b. On June 28, 2016, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Geotechnical and Material Testing Services," to extend the term of the agreement to June 30, 2017, and increase the payment in the amount of 100,000. c. On June 13, 2017, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Agreement for Geotechnical and Material Testing Services", to increase the payment in the amount of $25,000. d. The parties now desire to extend the term of the agreement to June 30, 2018, and increase the payment in the amount of $200,000, 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, 2018, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Third Amendment amount shall not exceed Two Hundred Thousand Dollars ($200,000), for additional geotechnical and material testing services for a total Agreement amount of Four Hundred Twenty Five Thousand Dollars ($425,000). 1 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA LEIGHTON CONSULTING, 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 ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Thomas C. Benson, President and CEO Terrance M. Brennan, CFO Leighton Consulting, Inc. Attn: Robert Riha 41715 Enterprise Circle N., Suite 103 Temecula, CA 92590-5661 951-296-0530 rriha@leightongroup.com 3 PM Initials: Date: L ATTACHMENT A Payment Rates and Schedule 4 Leighton Temecula On -Call 2017-2018 PROFESSIONAL FEE SCHEDULE CLASSIFICATION Technician I Technician 11 / Special Inspector Senior Technician I Senior Special Inspector Prevailing Wage (field soils / materials tester) * Prevailing Wage (Special Inspector) * Prevailing Wage (Source Inspector, NDT, and Soil Remediation 0&M) * System Operation & Maintenance (O&M) Specialist Non Destructive Testing (NDT) Deputy Inspector Field I Laboratory Supervisor Source Inspector I Source Inspector II Source Inspector III $/HR 77 86 95 112 114 118 126 131 128 126 122 126 131 CLASSIFICATION Project Administrator/Word Processor/Dispatcher Information Specialist CAD Operator GIS Specialist Staff Engineer 1 Gedogist / Scientist Senior Staff Engineer / Geologist / Scientist / ASMR Operations / Laboratory Manager Project Engineer I Gedogist / Scientist Senior Project Engineer / Geologist / Scientist / SMR Associate Principal Senior Principal *See Prevailing Wages in Terms and Conditions $/HR 72 99 108 126 131 140 158 158 176 194 212 212 GEOTECHNICAL LABORATORY TESTING METHOD CLASSIFICATION & INDEX PROPERTIES Photograph of sample Moisture content (ASTM D2216) Moisture & density (ASTM D2937) ring samples Moisture & density (ASTM D2937) Shelby tube or cutting Atterberg limits (ASTM D4318) 3 points: - Single point, non -plastic - Atterberg limits (organic ASTM D2487 I 4318) - Visual classification as non -plastic (ASTMD 2488) Particle size: - Sieve only 11/2 inch to #200, (ASTM D6913/CTM 202) - Large sieve — 6 inch to #200 (ASTM D6913/CTM 202) - Hydrometer only (ASTM D422) - Sieve + hydrometer (<_3" sieve, ASTM D422) - Percent passing #200 sieve, wash only (ASTM D1140) Specific gravity -fine (passing #4, ASTM D854/CTM 207) Specific gravity -coarse (ASTM C1271CTM 206) > #4 retained - Total porosity - on Shelby tube sample (calculated from density &specificgravity) - Total porosity - on other sample Shrinkage limits (wax method, ASTM D4943) Pinhole dispersion (ASTM D4647) Dispersive characteristics (double hydrometer ASTM D4221) As -received moisture & density (chunk/carved samples) Sand Equivalent (SE, ASTM D2419/CTM 217) COMPACTION & PAVEMENT SUBGRADE TESTS Standard Proctor compaction, (ASTM D698) 4 points: - 4 inch diameter mold (Methods A & B) - 6 inch diameter mold (Method C) Modified Proctor compaction (ASTM D1557) 4 points: - 4 inch diameter mold (Methods A & B) - 6 inch diameter mold (Method C) Check point (per point) Relative compaction of untreatedltreated soils/aggregates (CTM 216) Relative density (0.1 ft mold, ASTM D4253, D4254) $./TEST METHOD California Bearing Ratio (CBR, ASTM D1883): - 3 point - 1 point R -Value (CTM 301) untreated R -Value (CTM 301) lime or cement treated soils 10 20 30 40 150 85 180 10 135 175 110 185 70 125 100 165 155 126 210 90 60 105 160 215 220 245 65 250 235 $!TEST SOIL CHEMISTRY & CORROSIVITY pH Method A (ASTM 4972 or CTM 643) Electrical resistivity—single point — as received moisture Minimum resistivity 3 moisture content points (ASTM G187ICTM 643) pH + minimum resistivity (CTM 643) Sulfate content - gravimetric (CTM 417 B Part II) Sulfate screen (Hach®) Chloride content (AASHTO T291/CTM 422) Corrosion suite: minimum resistivity, sulfate, chloride, pH (CTM 643) Organic matter content (ASTM 2974) SHEAR STRENGTH Pocket penetrometer Direct shear (ASTM D3080, mod., 3 points): - Consdidated undrained -0.05 inch/min (CU) - Consdidated drained - <0.05 inch/min (CD) - Residual shear EM 1110-2-1906-IXA (price per each additional pass after shear) Remdding or hand trimming of specimens (3 points) Oriented or block hand trimming (per hour) Single point shear Torsional shear (ASTM D6467 ASTM 07608) CONSOLIDATION & EXPANSION/SWELL TESTS Consdidation (ASTM D2435): - Each additional time curve - Each additional load/unload w/o time reading Expansion Index (El, ASTM D4829) Swell/cdl apse — Method A (ASTM D4546 -A, upio 10 load/unloads Mo time curves) Single load swell/collapse - Method B (ASTM D4546-8, seat, load & inundate only) 2017 R1/2017 -x www.leightongroup.com 5 PAGE 1 of 4 500 185 310 340 45 45 90 130 70 30 70 245 65 15 285 345 50 90 65 105 820 195 45 40 130 290 105 METHOD TRIAXIAL TESTS Unconfined compression strength of cohesive soil (with stress/strain plot, ASTM D2166) Unconsdidated undrained triaxial compression test on cohesive soils (USACE Q test, ASTM D2850, per confining stress) Consdidated undrained triaxial compression test for cohesive soils, (ASTM D4767, CU, USAGE R -bar test) with back pressure saturation & pore water pressure measurement (per confining stress) Consdidated drained triaxial compression test (CD, USACE S test), with vdume change measurement. Price per soil type below EM 1110-2-1906(X): - Sandor silty sand soils (per confining stress) - Silt or clayey sand soils (per confining stress) - Clay soils (per confining stress) - Three -stage triaxial (sand or silty sand soils) - Three -stage triaxial (silt or clayey sand soils) - Three -stage triaxial (clay soils) Remdding of test specimens Leighton 1 Fee Schedule $!TEST METHOD $(TEST HYDRAULIC CONDUCTIVITY TESTS 135 Triaxial permeability in flexible -wall permeameter with backpressure 310 saturation at one effective stress (EPA 9100/ASTM D 5084, 170 falling head Method C): - Each additional effective stress 120 375 - Hand trimming of soil samples for horizontal K 60 Remdding of test specimens 65 Permeability of granular soils (ASTM D2434) 135 SOIL -CEMENT Moisture -density curve for soil -cement mixtures (ASTM D558) 240 Wet -dry durability of soil -cement mixtures (ASTM D559)' 1,205 Compressive strength of mdded soil -cement cylinders (ASTM 60 D1633) per cylinder' Soil -cement remolded specimen (for shear strength, 235 consolidation, etc.)' 375 500 705 655 875 1,235 65 ' Compaction (ASTM D558 maximum density) should also be performed — not included in above price SAMPLE TRANSPORT Pick-up & delivery (weekdays, per trip, <50 mile radius from Leighton office) 90 METHOD $(TEST CONSTRUCTION MATERIALS LABORATORY TESTING $ITRIP METHOD Maximum density - Hveem (CTM 308) Theoretical maximum density and specific gravity of HMA (CTM 3091AASHTO 1209) Thickness or height of compacted bituminous paving mixture specimens (ASTM 3549) Rubberized asphalt (add to above rates) AGGREGATE PROPERTIES Sieve analysis (fine & coarse aggregate, ASTM C136/ CTM 202) 135 with finer than #200 wash (ASTM C117) LA Rattler -smaller coarse aggregate <1.5" (ASTM c131/ AASHTO T96) 200 LA Rattler -larger coarse aggregate 1-3" (ASTM C535) 250 Durability Index (DI, CTM 229) 200 Cleanness value of coarse aggregate (CTM 227) 210 Unit weight of aggregate (CTM 212) 50 Soundness, magnesium (ASTM C88) 225 Soundness, sodium 650 Uncompacted void content — fine aggregate (CTM 234/AASHTO T304) 130 Flat & elongated particles in coarse aggregate (CTM 235/ASTM D4791) 215 Percent of crushed particles (CTM 205/AASHTO T335) 135 Organic impurities in concrete sand (CTM 213) 60 Specific gravity — coarse aggregate (CTM 206) 100 Specific gravity —fine aggregate (CTM 207) 125 Sand Equivalent (SE, CTM 217/AASHTO T176) 105 Apparent specific gravity of fine aggregate (CTM 208) 130 Moisture content of aggregates by oven drying (CTM 40 226/AASHTO T255) Clay lumps, friable particles (ASTM C142) 175 CONCRETE STRENGTH CHARACTERISTICS Concrete cylinders compression (ASTM C39) (6" x 12") 25 Concrete cylinders compression (ASTM C39) (4" x 8") 22 Compression, concrete or masonry cores (testing only) <6 inch (ASTM 042) 40 Trimming concrete cores (per core) 20 Flexural strength of concrete (simple beam with 3rd pt. loading, ASTM 85 C78/CTM 523) Flexural strength of concrete (simple beam wth center pt. loading, 85 ASTM 293/CTM 523) Non shrink grout cubes (2 inch, ASTM C1091C1107) 25 Drying shrinkage (four readings, up to 90 days, 3 bars, ASTM C157) 400 HOT MIX ASHPALT (HMA) Compacted AC Resistance to Moist Damage (AASHTO T283) 2,100 Hamburg Wheel, 4 briquettes (modified) (AASHTO T324) 900 Gyratory Compaction (AASHTO T312) 350 Extraction by ignition oven, percent asphalt (ASTM D6307/CTM 150 382/AASHTO T308) Ignition oven correctionlcorrdation values quote Extraction by centrifuge, percent asphalt (ASTM D2172) 150 Gradation of extracted aggregate (ASTM D5444/CTM 202) 135 Stabilometer value (CTM 366) 265 Bituminous mixture preparation (CTM 304) 80 Moisture content of asphalt (CTM 370) 60 Bulk specific gravity — mdded specimen or cores (ASTM D1188/ 55 CTM 308/AASHTO T275) $ITEST 200 130 40 + 25% 2017 R1/2017 - x www.leightongroup.com PAGE 2 of 4 6 METHOD $/TEST BRICK Compression (cost for each, 5 required, ASTM C67) 40 SLAB -ON -GRADE MOISTURE EMISSION KIT Moisture test kit (excludes labor to perform test, ASTM E1907) 60 REINFORCING STEEL Rebar tensile test, <_ up to No. 10 (ASTM A370) 45 Rebar tensile test, ?No. 11 & over (ASTM A370) 100 Rebar bend test, up to No. 11 (ASTM A370) 45 Epoxy coated rebar/dowel film thickness (coating) test (ASTM A775) 45 Epoxy coated rebarldowd continuity (Holiday) test (ASTM A775) 65 Epoxy coated rebar flexibility/bend test, up t0 No. 11 (ASTM A775) 45 STEEL Tensile strength, <_100,000 pounds axial load (ASTM A370) 45 Leighton 1 Fee Schedule METHOD Prestressing wire, tension (ASTM A416) Sample preparation (cutting) SPRAY APPLIED FIREPROOFING Unit weight (density, ASTM E605) OTHER TESTS Resistance Butt-Wdded Hoops/Bars, up to No. 10 (CTM 670) Resistance Butt -Welded Hoops/Bars, No. 11 & over (CTM 670) Mechanical Rebar Splice (Service), up to No. 10 (CTM 670) Post -Tensioned Bars (ASTM A772) Elastometric Bearing Pads (Caltrans SS 51/SP) Joint Seal Type B, MR1"1MR2" (Caltrans SS 51ISP) 100W HPS Lighting (Caltrans RSS 86) Bearing Plates (A536) S./TEST 150 50 60 180 240 180 420 1620 1960 1296 720 1/4 inch Grab plates 1/4 inch Tubing (bonded) 1/4 inch Tubing (single) 3/8 inch Tubing, clear vinyl 4 -Gas meter (RK I Eagle or similar)/GEM 2000 Air flow meter and purge pump (200 cc/min) Box of 24 soil drive -sample rings Brass sample tubes Caution tape (1000 -foot rdl) Combination lock or padlock Compressed air tank and regulator Concrete coring machine (s6-inch-dia) Consumables (gloves, rope, soap, tape, etc.) Core sample boxes Crack monitor Cutoff saws, reciprocating, electric (Saws AII) Disposable bailers Disposable bladders Dissdved oxygen meter DOT 55 -gallon containment drum with lid Double -ring infiltrometer Dud -stage interface probe Dynamic Cone Penetrometer Generator, portable gasdine fueled, 3,500 watts Global Positioning System/Laser Range Finder Hand auger set HDPE safety fence (s100 feet) Horiba U-51 water quality meter Magnandic gauge EQUIPMENT, SUPPLIES & MATERIALS $/UNIT 5 each 0.55 foot 0.35 foot 0.55 foot 130 day 50 day 120 box 10 each 20 each 11 each 50 day 150 day 35 day 11 each 25 each 75 day 12 each 10 each 45 day 65 each 125 day 80 day 400 day 90 day 80 day 90 day 40 roll 135 day 15 day Manometer Mileage (IRS Allowable) Nuclear moisture and density gauge Pachometer Particulate Monitor pH/Conductivity/Temperature meter Photo -Ionization Detector (PID) Pump, Typhoon 2 or 4 stage QED bladder pump w/QED contrd box Resistivity field meter & pins Slip / threaded cap, 2 -inch or 4 -inch diameter, PVC Schedule40 Slope inclinometer Soil sampling T-hande (Encore) Soil sampling tripod Stainless steel bailer Submersible pump, 10 gpm, high powered Grunfos 2 -Inch with controller Submersible pump/transfer pump, 10-25 gpm Support service truck usage (well installation, etc.) Survey/fence stakes Tedlar® bags Traffic cones (s25)/barricades (single lane) Turbidity meter Tyvek® suit (each) Vapor sampling box Vehicle usage (carrying equipment) VelociCalc Visqueen (20 x 100 feet) Water level indicator (electronic well sounder) <300 feet deep well ZIPLEVEL® Other specialized geotechnical and environmental testing & monitoring equipment are available, and priced per site 2017 R1/2017 -x $/UNIT 25 day 0.535 mile 88 day 25 day 125 day 55 day 120 day 50 day 160 day 50 day 15 each 200 day 10 day 35 day 40 day 160 day 50 day 200 day 8 each 18 each 50 day 70 day 18 each 55 day 13 hour 35 day 100 rdl 60 day 15 day www.leightongroup.com PAGE 3 of 4 7 Leighton 1 Fee Schedule TERMS & CONDITIONS ■ Expiration: For all classifications except those subject to prevailing wage, this fee schedule is effective through December 31, 2017 after which remaining work will be billed at then -current rates. ■ Proposal Expiration: Proposals are valid for at least 30 days, subject to change after 30 days; unless otherwise stated in the attached proposal. ■ Prevailing Wages: Our fees for prevailing wage work are subject to change at any time based upon the project advertised date, and changes in California prevailing wage laws or wage rates. Prevailing wage time accrued will include portal to portal travel time. Prevailing wage rates are subject to increase after June 30, 2017. ■ Overtime: Overtime for field personnel will be charged at 1.5 times basic hourly rates when exceeding 8 hours up to 12 hours per 24 hour interval, and 2 times basic hourly rates when exceeding 12 hours in 24 hours or on Sunday, and 3 times basic hourly rates on California official holidays. ■ Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed on the previous pages, with a minimum charge of four hours per day. ■ Minimum Field Hourly Charges: For Field Technicians, Special Inspectors or Material Testing Services: 4 hours: 4 -hour minimum charge up to the first four hours of work 8 hours: 8 -hour minimum charge for over four hours of work, up to eight hours Outside Direct Costs: Heavy equipment, subcontractor fees and expenses, project -specific permits and/or licenses, project -specific supplemental insurance, travel, subsistence, project -specific parking charges, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 20%, unless billed directly to and paid by client. ■ Invoicing: Invoices are rendered monthly, payable upon receipt in United States dollars. A service charge of 11/2 - percent per month will be charged for late payment. ■ Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and/or hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. ■ Earth Material Samples: Quoted testing unit rates are for soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous materials will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard turn -around time for geotechnical -laboratory test results is 10 working days. Samples will be stored for 2 months, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve or tube will be applied. Quoted unit rates. are only for earth materials sampled in the United States. There may be additional cost for handling imported samples. ■ Construction Material Samples: After all designated 28 -day breaks for a given sample set meet specified compressive or other client -designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28 -day break. All other construction materials will be disposed of after completion of testing and reporting. 2017 R1/2017 - x vonm.leightongroup.com PAGE 4 of 4 8 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND DAVID EVANS AND ASSOCIATES, INC. ENGINEERING, SURVEY, AND ENVIRONMENTAL SERVICES THIS SECOND AMENDMENT is made and entered into as of July 11, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and David Evans and Associates, Inc., a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2015, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services," in the amount of $100,000. b. One June 28, 2016, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Consultant Services", to extend the term of the Agreement to June 30, 2017, and increase the payment in the amount of $100,000. c. The parties now desire to extend the term of the agreement June 30, 2018, increase the payment in the amount of $200,000, 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, 2018, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 6 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 Two Hundred Thousand Dollars ($200,000), for additional Engineering, Survey, and Environmental Services, for a total Agreement amount of Four Hundred Thousand Dollars ($400,000). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. 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 DAVID EVANS AND ASSOCIATES, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Marcus W. McGarity Chief Financial Officer, Secretary and Treasurer Gavin Powell, Associate David Evans and Associates, Inc. Attn: Gavin Powell, P.E., LEED AP Dept. LA 24340 Pasadena, CA 91185-4340 951.294.9346 gpowell@deainc.com shawna.hale@deainc.com 2 PM Initial:. Date: l�� ATTACHMENT A Payment Rates and Schedule Jffice Staff Payment Rates and Schedule Schedule of Hourly Billing Rates �tao A_sU�._iA-i F_.. INS Oates Effective through June 30, 2018* 2015 Rates CPI Rate Result June 2017 - Increase 2018 Rates Factor Principal Project Manager Professional Engineer Professional Land Surveyor Professional Landscape Architect Professional Planner Civil Designer Survey Analyst Landscape Designer/Irrigation Designer/Irrigation Auditor Land/Environmental Planner CADD Designer CADD Drafter Project Accountant Project Assistant Note: Authorized overtime wi11.be charged at 1.5 times the above rate. $215.00 1.90% $219.09 $219.00 $190.00 1.90% $193.61 $193.00 $160.00 1.90% $163.04 $163.00 $160.00 1.90% $163.04 $163.00 $160.00 1.90% $163.04 $163.00 $160.00 1.90% $163.04 $163.00 $135.00 1.90% $137.57 $137.00 $135.00 1.90% $137.57 $137.00 $120.00 1.90% $122.28 $122.00 $120.00 1.90% $122.28 $122.00 $110.00 1.90% $112.09 $112.00 $100.00 1.90% 5101.90 $101.00 na na $94.00 $94.00 na na $80.00 $80.00 Field Sta ff 1 -Person Survey Crew 2 -Person Survey Crew 3 -Pers on Survey Crew $150.00 0.019 $152.85 $152.00 $240.00 0.019 $244.56 $244.00 $345.00 0.019 $351.56 $351.00 _Note: Per union agreement, there 1* a-4-, 6- and 8- hour mcntmum charge for field survey work. EX Dan se= Client shall pay the costs, plus 15%, for any applicable governmental fees, title company charges, subconsultant fees, outside vendor reproduction costs, in-house reproduction costs, mileage, and delivery or messenger services incurred on Client's behalf. 'rates snbjccf to annual increase 4 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND DOKKEN ENGINEERING ENGINEERING, SURVEY, AND ENVIRONMENTAL SERVICES THIS SECOND AMENDMENT is made and entered into as of July 11, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Dokken Engineering, 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, 2015, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services," in the amount of $100,000. b. On June 28, 2016, the City and Consultant entered in the First Amendment to that certain Agreement entitled "Agreement for Consultant Services", to extend the term of the Agreement to June 30, 2017, and increase the payment in the amount of $100,000. c. The parties now desire to extend the term of the agreement June 30, 2018, increase the payment in the amount of $200,000, 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, 2018, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 6 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 Two Hundred Thousand Dollars ($200,000), for additional Engineering, Survey, and Environmental Services, for a total Agreement amount of Four Hundred Thousand Dollars ($400,000). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. 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 DOKKEN ENGINEERING (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: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Richard T. Liptak, President Cathy Chan, Secretary Dokken Engineering Attn: Mike Roberts, PE 43460 Ridge Park Drive, Suite 150 Temecula, CA 92590 951.506.8895 mroberts@dokkenengineering.com jmadrid@dokkenengineering.com 2 PM Initials: Date: L ATTACHMENT A Payment Rates and Schedule DOKKEN ENGINEERING Transportation SOltltioI!5 front Concept to Construction RATE SCHEDULE Effective through June 30, 2018 Professional and supporting staff services will be billed at the following hourly billing rates: MANAGEMENT Principal Project Manager QA/QC Manager DESIGN Senior Engineer Associate Engineer Assistant Engineer Senior CAD/Detailer CAD /Detailer Engineering Technician $260.00 - $325.00 $1 85.00 - $260.00 $185.00 - $ 260.00 $160.00 - $260.00 $110.00 - $1 60.00 $75.00 - $110.00 $110.00 - $160.00 $60.00 - $1 10.00 $60.00 - $1 10.00 ENVIRONMENTAL Environmental Manager $1 85.00 - $260.00 Senior Environmental Planner $1 25.00 - $1 85.00 Associate Environmental Planner $1 10.00 - $1 25.00 Environmental Planner $65.00 - $110.00 RIGHT OF WAY Right of Way Manager $145.00 - $175.00 Senior Right of Way Agent / Specialist $125.00 - $155.00 Right of Way Agent /Specialist $100.00 - $125.00 Right of Way Administrator / GIS Technician $75.00 - $1 00.00 SURVEYING Professional Land Surveyor $1 25.00 - $195.00 * 1 Man Survey Crew $1 85.00 - $225.00 * 2 Man Survey Crew $225.00 - $275.00 Office Surveyor $85.00 - $115.00 CONSTRUCTION Construction Manager $160.00 - $260.00 Resident Engineer $110.00 - $175.00 Office Engineer $1 10.00 - $175.00 * Senior Inspector - Day $125.00 - $175.00 * Senior Inspector - Night / Saturday / OT $145.00 - $195.00 * Senior Inspedor - Sunday / Holiday $165.00 - $225.00 * Inspector - Day $125.00 - $175.00 * Inspector - Night / Saturday / OT $145.00 - $195.00 * Inspector -Sunday / Holiday $165.00 - $225.00 Ordinary supplies and equipment are included in the above hourly rates. The following are considered project -specific items and their cost will be added at the following rates: Construction Vehicle / Truck $80/day Survey Equipment w/ Truck $25/hour Outside Reproduction Actual Cost Permit Fees / Public Notice Advertisements Actual Cost Record Search Fees /Mapping Fees /Title Reports Actual Cost Room and Equipment Rentals Actual Cost Traffic Control Actual Cost Utility Potholing Actual Cost * Classification subject to California Prevailing Wage 110 Blue Ravine Road, Suite 200, Folsom, CA 956304713 • Tele; 916.858.0612 • Fax; 916.858.0643 • www.doklcenengineering.com 4 THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MICHAEL BAKER INTERNATIONAL, INC. ENGINEERING, SURVEY, AND ENVIRONMENTAL SERVICES THIS THIRD AMENDMENT is made and entered into as of July 11, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Michael Baker International, 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, 2015, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services," in the amount of $100,000. b. On July 1, 2015, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Consultant Services," due to name and ownership change of said company. c. On June 28, 2016, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Agreement for Consultant Services", to extend the term of the Agreement to June 30, 2017, and increase the payment in the amount of $100,000. d. The parties now desire to extend the term of the agreement to June 30, 2018, increase the payment in the amount of $200,000, 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, 2018, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Third Amendment amount shall not exceed Two Hundred Thousand Dollars ($200,000), for additional Engineering, Survey, and Environmental Services, for a total Agreement amount of Four Hundred Thousand Dollars ($400,000). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 1 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA MICHAEL BAKER INTERNATIONAL, 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 ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Darin P. Johnson, Vice President Michael A. Tylman, Vice President Michael Baker International, Inc. Attn: John Tanner, PE 40810 Country Center Dr., Suite 100 Temecula, CA 92491 951.676.8042 jtanner@mbakerintl.com 3 PM Initialst Date: ATTACHMENT A Payment Rates and Schedule Michael Baker INTERNATIONAL HOURLY RATE SCHEDULE Effective January 2017 through December 2017 OFFICE PERSONNEL Si Hour Senior Principal $300.00 Principal 280.00 Project Director 260,00 Program Manager 250.00 Senior Project Manager 245.00 Project Manager 220.00 Structural Engineer 205,00 Technical Manager 210.00 Senior Engineer 185.00 Senior Planner 185.00 Electrical Engineer 175.00 Biologist 175.00 Landscape Architect. 165.00 Senior GIS Analyst ..156.00 Project Engineer 165.00 Project Planner 155.00 Environmental Specialist 150.00 Design Engineer/Senior Designer/Survey Analyst 160.00 GIS Analyst 150.00 Designer/Planner 130.00 Project Coordinator 125.00 Graphic Artist 110.00 Environmental Analyst/Staff Planner 115.00 Design Technician 115.00 Assistant Engineer/Planner 105.00 Permit Processor 95.00 Engineering Aid/Planning Aid 85.00 Office Support/ Clerical 75.00 SURVEY PERSONNEL 2 -Person Survey Crew $280.00 1 -Person Survey Crew 170.00 Licensed Surveyor 200.00 Field Supervisor 180.00 CONSTRUCTION MANAGEMENT PERSONNEL Principal Construction Manager $270.00 Construction Manager 240.00 Contract Manager 200.00 Resident Engineer 200.00 Construction Inspector (Prevailing Wage) 200.00 Construction Inspector (Non -Prevailing Wage) 180.00 Field Office Engineer 180.00 Construction Technician 95.00 Contract Support 80.00 Note: Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15%. A Sub -consultant Management Fee of fifteen -percent (15%) will be added to the direct cost of all sub - consultant services to provide for the cost of administration, sub -consultant consultation and insurance. Vehicle mileage will be charged as an additional cost at the IRS approved rate. 5 THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CHICAGO TITLE COMPANY TITLE AND ESCROW SERVICES THIS THIRD AMENDMENT is made and entered into as of July 11, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Chicago Title Company, 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, 2014, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services," in the amount of $30,000. b. On July 1, 2015, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Consultant Services," to extend the term of the Agreement to June 30, 2016, and increase the payment in the amount of $30,000. c. On June 28, 2016, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Agreement for Consultant Services", to extend the term of the Agreement to June 30, 2017, and increase the payment in the amount of $30,000. d. The parties now desire to extend the term of the agreement to June 30, 2018, increase the payment in the amount of $30,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2018, 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 Third Amendment amount shall not exceed Thirty Thousand Dollars ($30,000), for additional Title and Escrow Services, for a total Agreement amount of One Hundred Twenty Thousand Dollars ($120,000). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CHICAGO TITLE COMPANY (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 Mark Nassraway Vice President / County Manager ATTEST: By: By: Randi Johl, City Clerk Cathy Berryman Vice President / Title Operations Manager APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Chicago Title Company Attn: Mary Thompson Three Better World Circle, Suite 100 Temecula, CA 92590 951-236-3369 Cell maryk.thompson@ctt.com 2 Acting PM Initials: Date: Item No. 7 TO: FROM: DATE: SUBJECT: Approvals City Attorney Finance Director City Manager Mr - CITY OF TEMECULA AGENDA REPORT City Manager/City Council Patrick A. Thomas, Director of Public Works / City Engineer July 11,2017 Approve the Department of California Highway Patrol Agreement for Construction Zone Enhanced Enforcement Program Services for the Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 PREPARED BY: RECOMMENDATION: Amer Attar, Principal Civil Engineer Avlin R. Odviar, Senior Civil Engineer That the City Council: 1. Approve the Department of California Highway Patrol Agreement Number 17R685000, in the amount of $102,536, for Construction Zone Enhanced Enforcement Program (COZEEP) services for the Interstate 15 / State Route 79 South Ultimate Interchange, Project No. PW04-08; 2. Authorize the City Manager to execute the Agreement. BACKGROUND: In accordance with the approved Traffic Management Plan for the project, the City must implement the Construction Zone Enhanced Enforcement Program (COZEEP) during construction. COZEEP is a statewide program which allows public agencies to hire California Highway Patrol (CHP) officers to patrol construction zones on State highways. COZEEP is used to increase traffic enforcement above normal levels to reduce the potential for traffic accidents, reduce traffic speeds, and to minimize traffic problems. CHP officers may be used to slow down, stop, or direct traffic to safely accommodate critical construction operations such as the erection or removal of bridge falsework over traffic lanes, setting up lane closures at night, deploying temporary detours, etc. The Agreement outlines the scope of services and the State standard rates. The Agreement amount of $102,536 is based on the estimated COZEEP services necessary to complete the construction of the project. COZEEP services will be coordinated by the City's Resident Engineer based on the contractor's construction activity, and paid for on a time and materials basis. FISCAL IMPACT: The Interstate 15 / State Route 79 South Ultimate Interchange project is included in the City's Capital Improvement Program Fiscal Years 2018-22. Construction costs are funded by several sources including Safe, Accountable, Flexible, Efficient, Transportation Equity Act — Legacy for Users (SAFETEA-LU), Surface Transportation Program (STP), Senate Bill 621, and Transportation Uniform Mitigation Fee (TUMF) pursuant to Agreement Nos. 11-72-041-00 and 13 -SW -TEM -1163. There are sufficient funds in the project account 210.165.662.5804 to cover the Agreement amount of $102,536. ATTACHMENTS: 1. Agreement 2. Project Description 3. Project Location STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) 1rt AGREEMENT NUMBER 178685000 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractee named below: STATE AGENCY'S NAME Department of California Highway Patrol CONTRACTEES NAME STATE AGENCY'S NAME City of Temecula 2. The term of this Agreement is: 7/1/17 through 12/31/18 3. The maximum amount $102,536.00 of this Agreement is: One Hundred Two Thousand Five Hundred Thirty Six Dollars and Zero Cents 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. Exhibit A — Scope of Work Exhibit B — Budget Detail and Payment Provisions Exhibit C* — General Terms and Conditions Exhibit D -- Special Terms and Conditions 2 pages 1 page GTC 04/2017 1 page Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.dgs.ca.pov/o!s/Resources/StandardContractLanouaoe.aspx IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTEE CONTRACTEES NAME (If other than an Individual, state whether a corporation, partnership, etc.) City of Temecula BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING ADDRESS 41000 Main Street Temecula, CA 92590 STATE OF CALIFORNIA AGENCY NAME Department of California Highway Patrol BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING P. Sliney, Assistant Chief, Administrative Services Division ADDRESS P.Q. Box 942898, Sacramento, CA 94298-0001 California Department of General Services Use Only 0 Exempt per: EXHIBIT A (Standard Agreement) SCOPE OF WORK City of Temecula CHP Agreement # 17R685000 Exhibit A page 1 of 2 1. Contractee agrees to reimburse the Department of California Highway Patrol (CHP) for costs associated with traffic enforcement related services for the Contractee, provided by the CHP Temecula Area office. These traffic enforcement services Construction Zone Enhanced Enforcement Program (COZEEP) shall be provided during construction of Interstate 15 between Temecula Creek and Santiago Road. The construction zone will also include State Route 79 (Temecula Parkway) between Front Street and Bedford Court. 2. The services shall be provided during: The hours of duty performed by CHP officer(s) under this Agreement are those mutually agreed upon by the Project Representatives listed below, or designees. Any changes to the proposed plan such as additional hours, dates, and sites for traffic control can be requested and/or on an "as needed" basis and must be mutually agreed upon by the local CHP command and Contractee. 3. The project representatives during the term of this agreement will be: STATE AGENCY Department of California Highway Patrol NAME Officer Brad Barksdale CHP Temecula Area office TELEPHONE NUMBER EMAIL (310) 516-3355 Direct all inquiries to : BBarksdaie@chp.ca.gov STATE AGENCY Department of California Highway Patrol CONTRACTEE City of Temecula SECTION/UNIT Business Services Section/Contract Services Unit SECTIONIUNIT ATTENTION Jeanette Thomas, Associate Contract Analyst ATTENTION Aaron Adams, City Manager ADDRESS P.O. Box 942898, Sacramento, CA 94298-0001 ADDRESS 41000 Main Street Temecula, CA 92590 TELEPHONE NUMBER (916) 843-3610/3608 FAX NUMBER (916) 322-3166 TELEPHONE NUMBER (951) 694-6444 FAX NUMBER (951) 694-6475 City of Temecula CHP Agreement # 17R685000 Exhibit A page 2 of 2 EXHIBIT A (Standard Agreement) SCOPE OF WORK (Continued) 5. Detailed description of work to be performed: A. The CHP Temecula Area office shall provide CHP officer(s) with vehicles and coordinate all traffic enforcement. Should the CHP Temecula Area office be unable to fill the necessary staffing required for each event during Project, the shortage of CHP Officers will be utilized from out -of -Area uniformed personnel. B. The traffic enforcement services to be performed by CHP officer(s) under this Agreement, including the standards of performance, discipline and control thereof, shall be the responsibility of CHP. C. It is understood by Contractee that billing of CHP officer(s) time shall be from portal to portal (CHP Area office to the service location and return to CHP Area office) except as specified in Item D. D. If the CHP officer(s) has reported to the assigned location and has worked less than four (4) hours, Contractee agrees to pay every assigned CHP officer(s) a minimum of four (4) hours overtime. Exception: This does not apply to those cases when the hours worked is part of an extended shift. E. If the CHP officer(s) report(s) to the assigned service location and if for any reason CHP reassigns the officer(s) away from the service location, Contractee will be billed only for the officer(s) actual time incurred from the CHP Area office to the service location and for the time spent at the assigned service location covered under this Agreement. F. Cancellation of Services Contractee shall not be charged for service cancellations made more than 24 hours prior to the scheduled assignment. 1. Contractee agrees that if service cancellation is made within 24 hours prior to the scheduled assignment and the assigned CHP officer(s) cannot be notified of such service cancellation, a minimum of four (4) hours overtime shall be charged for each assigned CHP officer. 2. Contractee agrees that if service cancellation is made within 24 hours prior to the scheduled assignment and CHP officer(s) is notified of such service cancellation, Contractee shall only be charged a short notice service cancellation fee of $50.00 per assigned CHP officer(s). 3. All service cancellation notices to CHP must be made during normal CHP business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding State holidays. 4. The CHP agrees to make reasonable efforts to notify the assigned CHP officer(s) of the service cancellation. City of Temecula CHP Agreement # 17R685000 Exhibit B page 1 of 1 EXHIBIT B (Standard Agreement) BUDGET DETAIL. AND PAYMENT PROVISIONS 1. Invoicing and Payment A. The CHP shall provide Contractee with an itemized invoice which details all CHP costs for traffic enforcement services under this Agreement. B. Invoices shall include the Agreement Number and shall be submitted monthly in arrears in duplicate, to: Aaron Adams, City Manager 41000 Main Street Temecula, CA 92590 Contractee agrees to pay CHP within thirty (30) days after the date of the invoice. C. In consideration for the traffic enforcement services contained herein, Contractee agrees to reimburse the CHP upon receipt of an itemized invoice. Contractee agrees to reimburse the CHP for the actual costs incurred at the time services are provided. The rates indicated in this agreement are for estimate purposes only. It is understood by both parties that rate increases in salary and benefits are governed by collective bargaining agreements and/or statute and that no advance written notification is necessary prior to implementing the increased rates. In the event CHP is granted a rate increase, Contractee agrees to pay the increased rate. The following information are the CHP officer and sergeant overtime rates effective Fiscal Year 2016/2017, until superseded: CLASSIFICATION OVERTIME RATE CHP Officer CHP Sergeant M/C Officer M/C Sergeant CHP Automobile CHP Motorcycle $88.47 per hour $107.62 per hour $91.54 per hour $111.35 per hour $ 0.76 per mile $ 0.95 per mile EXHIBIT D (Standard Agreement) SPECIAL TERMS AND CONDITIONS City of Temecula CHP Agreement # 17R685000 Exhibit D page 1 of 1 1. The CHP and Contractee agree this Agreement may be canceled by either party with thirty (30) days advance written notice. 2. In the event of an emergency, this Agreement may be canceled by either party without prior notice. 3. The CHP and Contractee agree that this Agreement may be amended by written mutual consent of the parties hereto. 4. Unforeseen events may require CHP officer(s) to expend hours in excess of the original estimate. Any costs in excess of the original estimated amount will be processed by appropriate amendment to the Agreement, to reflect the actual costs incurred. 5. Additional charges may be assessed for CHP supplies, additional equipment utilized, damage to property repaired or replaced at State expense, which are directly related to the services provided herein, but only to the extent such supplies or additional equipment are specifically requested in writing by Contractee or such need for repair or replacement of property arises directly from Contractee gross misconduct or willful negligence with respect to the property. 6. Gifts, donations, or gratuities may not be accepted by CHP employees in their own behalf or in behalf of the Department, informal squad club, or other local funds. 7. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed within a reasonable period of time (ten days) by the parties normally responsible for the administration of this contract shall be brought to the attention of the Administrative Services Officer (or designated representative) of each organization for joint resolution. 8. The City agrees to provide CHP with a resolution, motion, order or ordinance of the governing body, which authorizes execution of this Agreement, and indicates the individual who is authorized to sign the Agreement on behalf of City. FLA 1 of Southern Wme Country Capital Improvement Program Fiscal Years 2018-22 INTERSTATE 15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Project Description: This project includes right-of-way acquisition, design, environmental clearance, and construction of a ramp system that will improve access to Interstatel5 from Temecula Parkway/State Route 79 South. The interchange will accommodate traffic generated by future development of the City's General Plan land use as well as regional traffic volume increases forecasted for the year 2037. This project is crucial, as the projected traffic volume increases currently exceed the capacity of the existing interchange improvements constructed by the Riverside County Transportation Department. Benefit / Core Value: This project will improve circulation, freeway access, and level of service at the Interstate 15 and Temecula Parkway / State Route 79 South intersection. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: Environmental clearance was completed in 2010. Right -of -Way acquisition and utility easements were completed in 2013. Design and preparation of constuction Plans, Specifications, and Estimate was completed in 2016. The construction contract was advertised and awarded in 2016-17. Construction is scheduled to start during Fiscal Year 2017-18. Department: Public Works - Account No. 210.165.662 PW04-08 Level: I Project Cost: Prior Years Actual Expenditures FYE 2017 Carryover Budget 2017-18 Adopted 2018-19 Appropriation Projected 2019-20 Projected 2020-21 Projected 2021-22 Projected and Future Total Project Years Cost Administration $ 929,548 $ 141,983 $ 200,000 $ 150,000 $ 1,421,531 Acquisition $ 13,032,631 $ 151,097 $ 13,183,728 Construction $ 104,088 $ 27,564,105 $ 640,000 $ 672,872 $ 28,308,193 Construction Engineering $ 3,625,000 $ 522,872 $ 4,147,872 Design $ 4,103,841 $ 24,087 $ 100,000 $ 4,227,928 MSHCP $ 1,400,000 $ 670,705 $ 670,705 Totals $ 18,170,108 $ 32,176,977 $ 940,000 $ 672,872 $ - $ - $ - $ 51,959,957 Source of Funds: Prior Years Actual Expenditures FYE 2017 Carryover Budget 2017-18 Adopted 2018-19 Appropriation Projected 2019-20 Projected 2020-21 Projected 2021-22 Total Project Projected Cost CFD (Crowne Hill) Reimbursement/ Other (Morgan Hill) $ 502,211 $ 1,190,582 $ 502,211 $ 1,190,582 SAFETEA-LU $ 1,439,840 $ 1,439,840 Senate Bill 621 $ 10,625,315 $ 3,040,333 $ 200,000 $ 672,872 $ 14,538,520 STP (RcTc) "' $ 12,976,000 $ 12,976,000 TUMF (Rc-rcicETAP)(21 $ 4,452,000 $ 4,452,000 TUMF (RCTC/Region)13 $ 1,400,000 $ 4,000,000 $ 5,400,000 TUMF (WRCOG)1" $ 10,025,244 $ 10,025,244 Reimbursement/RCWD $ 280,560 $ 280,560 Reimbursement/EMWD $ 415,000 $ 415,000 Reimbursement/Lease $ 740,000 $ 740,000 Total Funding: $ 18,170,108 $ 32,176,977 $ 940,000 $ 672,872 $ - $ - $ 51,959,957 Future Operation & Maintenance Costs: 2017-18 2018-19 2019-20 2020-21 2021-22 $ 150,000 $ 153,000 $ 156,060 (1) SAFETEA-LU - Funding is pursuant to Authorization/Agreement Summary (E-76) (5.43% of Federal Participating Costs, up to $1,439,840) (2) STP(RCTC) - Funding is pursuan to Authorization/Agreement Summary (E-76)(48.93% of Federal Participating Costs, up to $12,976,000) (3) TUMF (RCTC/Region) - Funding is pursuant to RCTC Agreement No. 06-72-506 ($4,452,000 Total) (4) TUMF (RCTC/CETAP) - Funding is pursuant to RCTC Agreement No. 11-72-041-00 ($5,400,000 Total $1,400,000 ROW;$4,000,000 CON). (5) TUMF (WRCOG) - Funding is pursuant to WRCOG Agreement 13 -SW -TEM -1163($10,025,244 CON) (6) Pursuant to RCWD UA 23316 - RCWD shall reimburse City for actual costs of Additive Bid No. 01 ($280,560) (7) Pursuant to EMWD UA 23317 - EMWD shall reimburse City for actual costs of Additive Bid No. 02 ($415,000) (8) Revenues collected on Lease Agreement with Front Street - Service Station, LP dated September 11, 2013 (est. $740,000) 57 INTERSTATE -15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Location Aerial Data - March 2012 Feet 0 262.5 525 1,050 A 56 Item No. 8 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: July 11, 2017 SUBJECT: Approve the First Amendment to the Agreement for Consultant Services with CASC Engineering and Consulting, Inc. for Temecula Park and Ride, PW06-09 PREPARED BY: Amer Attar, Principal Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council approve the First Amendment to the Agreement for Consultant Services with CASC Engineering and Consulting, Inc., in the amount of $23,375, to provide additional storm water compliance services for the Temecula Park and Ride, PW06-09. BACKGROUND: Construction work for the Temecula Park and Ride is currently suspended. Construction is approximately 40% complete. The project is scheduled for re- bidding this summer with construction starting in early fall 2017. In order to continue construction of the project, additional Storm Water Compliance Services are required, including preparation of an updated Storm Water Pollution Prevention Plan (SWPPP), construction site stormwater inspections, and application for re -issuance of a Notice of Intent (NOI) by the Regional Water Quality Control Board (RWQCB). The $23,375 recommended increase to the Agreement amount will be sufficient to cover cost of the additional services. FISCAL IMPACT: The Temecula Park and Ride is identified in the City's Capital Improvement Program Budget for Fiscal Year 2017/2018. The project is funded with AB 2766 (State funds available for programs that reduce air pollution) and General Fund, as well as federal Congestion Mitigation and Air Quality (CMAQ) funds. Developer Impact Funds (DIF — Police Facilities) are being utilized to fund security camera system infrastructure. Sufficient funds are available in the project accounts to cover the amount of the First Amendment, $23,375, for a total Agreement amount of $43,300. ATTACHMENT: First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CASC ENGINEERING AND CONSULTING, INC. TEMECULA PARK AND RIDE, PW06-09 THIS FIRST AMENDMENT is made and entered into as of July 11, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and CASC ENGINEERING AND CONSULTING, 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 March 10, 2016, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services," in the amount of $19,925. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2018, increase the payment in the amount of $23,375, 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, 2018, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 6 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 Three Thousand Three Hundred Seventy Five Dollars ($23,375), for additional storm water compliance services, for a total Agreement amount of Forty Three Thousand Three Hundred Dollars ($43,300). 4. Exhibit "A" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this First Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. 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 CASC ENGINEERING AND CONSULTING, 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 ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Richard J. Sidor, President Michelle E. Furlong, Secretary/Treasurer CASC Engineering and Consulting, Inc. Attn: Daniel Secrist Environmental Project Manager 1470 E. Cooley Drive Colton, CA 92324 909-783-0101 dsecrist@cascinc.com 2 PM Initials: L.. Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and pricing as provided by the Consultant. 3 Engineering and Con 'ting March 6, 2017 Mr. Steve Charette Associate Engineer City of Temecula 41000 Main Street Temecula, CA 92590 1470 E. Cooley Drive Colton, CA 92324 Office: 909.783.0101 Fax: 909.783.0100 Subject: Proposal for Storm Water Compliance Services for Temecula Park and Ride. Dear Mr. Charette, CASC Engineering and Consulting appreciates having the opportunity to assist the City of Temecula by providing storm water services for the Temecula Park and Ride project (Project). SCOPE OF SERVICES Task 1— SMARTS Notice of Intent Support CASC, acting as a Data Submitter in the state's Stormwater Multiple Application and Report Tracking System (SMARTS), will assist with the completion of the Notice of Intent (NOl) for the Project, complete the Project Risk Assessment, and will upload an electronic copy of the SWPPP. Task 2 — Prepare SWPPP CASC will prepare a Stormwater Pollution Prevention Plan (SWPPP) for the development of the Project. The SWPPP will be prepared in accordance with the California Construction General Permit (NPDES Permit No. 2009-0009-DWQ as amended by 2010-0014-DWQ and 2012-0006-DWQ). The SWPPP for this project is assumed to be prepared as a Risk Level 1. CASC will prepare the SWPPP in general conformance with the SWPPPtemplate included on the California Stormwater Quality Association's Construction Handbook website, with deviations determined appropriate in the judgment of CASC. The SWPPP will be signed by a CASC Qualified SWPPP Developer (QSD). Task 3 —Construction Site Stormwater Inspections The CGP requires the following inspections for Risk Level 1 projects: • Weekly Inspections are to be performed weekly. • Pre -Storm Inspections are to be performed within 2 business days prior to each qualifying rain event (50% probability of rain per SWRCB FAQ 49). • Extended -Storm Inspections are to be performed at least once every 24 hours during extended storm events. • Post -Storm Inspections are to be performed within 2 business days following each qualifying rain event (0.5 inches or more). • Stored Stormwater Inspections are to be performed when there is a discharge of stored or contained stormwater derived from a qualifying rain event (0.5 inches). • Non-Stormwater Discharge Inspections are to be performed quarterly. Inspections will be performed by a certificated Qualified SWPPP Practitioner (QSP) or Qualified SWPPP Developer (QSD). Each inspection includes the preparation of a written inspection record to document 2017-0016 www.cascinc.com 4 Mr. Steve Charette City of Temecula Page 2 of 3 the observations and recommendations of the inspector. The results of each inspection will be reviewed with the Superintendent immediately following the inspection, subject to the Superintendent's availability. The inspection record will be scanned and emailed to the Superintendent within one business day of the inspection. As permitted by the CGP, inspections are not required during dangerous weather conditions such as flooding and electrical storms or outside of scheduled site business hours. For the purposes of inspections, business hours shall be the hours and days the contract allows the Contractor to conduct work, regardless of whether or not the Contractor is actively working. The CGP requires that inspections be conducted as described above until coverage under the CGP is terminated. The estimate is based on providing inspections for up to 27 weekly inspections (6 months of construction) and up to 9 pre -storm, post storm, or extended storm inspections during the 6 month period. Task 4 —Annual Report Preparation and Submittal CASC shall prepare Annual Report(s) for the Project based on the information collected and submitted for the Project. CASC shall, acting as a designated Data Submitter, prepare and enter the Project's Annual Report information into SMARTS. The City's Legally Responsible Person (LRP) or the LRP's Approved Signatory shall review the Annual Report in SMARTS. Upon receipt of comments, CASC shall update the Annual Report in SMARTS. Thereafter, the LRP or the LRP's Approved Signatory shall electronically certify the Annual Report in SMARTS as required by the CGP. Annual Report preparation will take place between mid-July and mid-August of each year the Project is ongoing, or prior to the termination of the Project, ahead of the September 1' submittal deadline. Based on the Project timeline, it is anticipated that an annual report will be needed for fiscal year(s), 2016-2017, and prior to Project termination. Task 5 — Notice of Termination Preparation and Submittal CASC shall prepare the Notice of Termination (NOT) for the Project, based on the information collected and submitted for the Project, upon notification from the City of Temecula of the completion of construction. CASC shall, acting as a Data Submitter, inspect the site, prepare and enter the Project's NOT information into SMARTS. The City's LRP or the LRP's Approved Signatory shall review the NOT in SMARTS and electronically certify the NOT in SMARTS as required by the CGP. Task 6 — Meetings and Coordination CASC will provide up to four (4) hours of meetings and coordination time with the City's field representatives in support of the SWPPP preparation, SMARTS submittals, inspections and report preparation services identified above. Time is to be billed only as incurred. Additional time will be billed on a time and materials basis in accordance with our standard hourly fee rate schedule 2017-0016 www.cascinc.com 5 Mr. Steve Charette City of Temecula Page 3 of 3 COMPENSATION The services of CASC shall be invoiced monthly on a lump sum basis per task. When tasks span two or more months, the tasks shall be invoiced based on the estimate percentage of completion of the task. CASC understands that work at the site is subject to prevailing wage. Task Task Description Qom, Cost per Each Extended Cost 1 SMARTS Notice of Intent Support 1 $500.00 $500.00 2 Prepare SWPPP 1 4,000.00 $4,000.00 3 Construction Site Storm Water Inspections 36 $450.00 $16,200.00 4 Annual Report Preparation and Submittal 2 $750.00 $1,500.00 5 Notice of Termination Preparation and Submittal 1 $575.00 $575.00 6 Meetings and Coordination 4 $150.00 $600.00 Total $23,375.00 CONFLICT AVOIDANCE CASC has developed a broad based expertise in the NPDES regulatory requirements and, as such, provides consulting services to a multitude of clientele including developers/builders, industrial facility owners/operators, contractors, and public agencies. CASC is committed to providing all of our clients with practical and cost-effective consulting services to assist them in achieving compliance with water quality regulations. CASC does not accept assignments, and will terminate our services, where the client's objective is to evade regulatory compliance or to obfuscate non-compliance. At times CASC may be in the position of providing consulting services to multiple entities within a jurisdiction (such as document preparation for a contractor or industrial facility owner and inspection services for the local agency). In such instances, CASC will: • Not accept assignments that pose a direct conflict of interest • Advise clients of such known specific occurrences, when we have coincident compliance interests • Assign separate staff to each client when we have coincident compliance interests CASC looks forward to the opportunity to assist the City of Temecula with the Temecula Park and Ride project. Please contact me with any questions via my cell phone at 909.213.8683. Best regards, CASC ENGINEERING AND CONSULTING Dlgltallyslgned byoanlel Secrist ' DN: ci Daniel Seaist,c—CASC .h Ir Engineering and Consu lung, ou, I rOAj y` - emall—dseaist@nasclnc mm, c—US Date: 2017.03.0014:20,44-08'00' Daniel Secrist CPESC, CESSWI, QSD/P, ToR Environmental Project Manager 2017-0016 www.cascinc.com 6 Item No. 9 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: July 11, 2017 SUBJECT: Approve the Agreements for Consultant Services with Wallace & Associates Consulting, Inc., CivilSource, Inc., and FALCON Engineering Services, Inc. for On -Call Construction Management Services for Fiscal Year 2017-18 PREPARED BY: Amer Attar, Principal Engineer Chris White, Associate Engineer RECOMMENDATION: That the City Council approve the Agreements for Consultant Services with Wallace & Associates Consulting, Inc., CivilSource, Inc., and FALCON Engineering Services, Inc., in the amount of $200,000 each, for On -Call Construction Management Services for Fiscal Year 2017-18. BACKGROUND: On April 17, 2017, a Request for Proposals (RFP) for On -Call Construction Management Services was posted on the City's online bidding service, PlanetBids. Twenty-five Proposals were due and received on May 12, 2017. All submittals were reviewed by selected panel members to determine the most qualified and competitively priced firms. After thorough review of the proposals, Wallace & Associates Consulting, Inc., CivilSource, Inc., and FALCON Engineering Services, Inc. were selected to provide the City with the on-call construction management services. There are various projects in the City's recently approved Capital Improvement Program Budget for Fiscal Years 2018-22. Some will require the services of the chosen consultants. Each agreement is for a one-year term to provide services on as needed basis, and includes the option to renew it for three additional one-year terms. Annual agreements are utilized to streamline the process for on-call services. When the need for service arises, the City will request a proposal from one of the selected consultants to perform the work. Upon approval of the proposal, the funds to perform the work are allocated from the budget of the specific project requiring the work. Only approved CIP Budget projects will utilize the services of these agreements, unless directed otherwise by the City Manager or the City Council. FISCAL IMPACT: Adequate funds will be available in the Capital Improvement Program Budget, Fiscal Years 2018-22, as approved by City Council at their meeting on June 13, 2017. Individual service requests are funded by the various funding sources approved for each project. ATTACHMENTS: 1. Agreement with Wallace & Associates Consulting, Inc. 2. Agreement with CivilSource, Inc. 3. Agreement with FALCON Engineering Services, Inc. AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND WALLACE & ASSOCIATES CONSULTING, INC. ON-CALL CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is made and effective as of July 11, 2017, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Wallace & Associates Consulting, 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 11, 2017, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2018, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the agreement for three (3) additional one (1) year term. In no event shall the contract be extended beyond June 30, 2021. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area using April year over year change by the United States Bureau of Labor Statistics (CPI). 2. SERVICES 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. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or subconsultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or 1 portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subconsultants must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any agreement that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subconsultants will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.qov/Public-Works/PublicWorks.html 6. 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 Two Hundred Thousand Dollars ($200,000) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the 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. 7. 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 2 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. 8. 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. 9. 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. 3 10. 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. 11. 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. 4 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. 5 12. 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. 13. 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. 14. 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. 6 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Wallace & Associates Consulting, Inc. Attn: Carl Wallace, PE 1655 East 6th Street, Suite A -4a Corona, CA 92879 16. 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. 17. 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. 18. 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. 19. 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 - 7 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. 20. 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. 21. 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. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA WALLACE & ASSOCIATES CONSULTING, 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 ATTEST: Carl Wallace, PE President By: By: Randi Johl, City Clerk Cathy Wallace, SPHR Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Wallace & Associates Consulting, Inc. Attn: Carl Wallace, PE 1655 East 6th Street, Suite A -4a Corona, CA 92879 (951) 966-7774 carl@wallace-cm.com 9 PM Initials. *24 Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) includes on-call construction management services for public works projects. The general scope of services for each project will vary. Typical services that may be required on public works projects could include, but may not be limited to some or all of the following services: 1. Professional project management and administration, including correspondence, scheduling, progress meetings, reporting, logging, filing, community outreach, inter- agency coordination, etc. 2. Professional Inspection. This may include one or more of the following: civil, structural, survey, electrical, hydraulic, traffic, geotechnical, landscaping and irrigation, and wet/dry utilities. 3. Quality Assurance, including materials sampling and testing. 4. Environmental compliance, including National Pollutant Discharge Elimination System (NPDES) implementation. 5. Utility coordination. 6. Labor, health, and safety compliance. 7. Pre -construction services. This will include reviewing contract plans, specifications, agreements, and contract documents; meeting and establishing communication protocols with the City's Oversight Engineer and Project Manager, Design Engineer, and execute all preconstruction meetings. 8. Post -construction services. This will include preparation of as-builts, punch list and final documentation and turnover of project files. 10 EXHIBIT B Payment Rates and Schedule 11 Wallace & Associates Consulting, Inc. HOURLY FEE SCHEDULE July 1, 2017 through June 30, 2018 City of Temecula Fully Burdened Billing Rates Position Rate / Range Project Manager $ 165.00 to $ 185.00 Carl Wallace, PE $ 168.00 Project Managers / Construction Managers $ 134.00 to $ 175.00 Jeff Schippers, CCM $ 174.00 Bryan Tuschho(f, QSP S 156.00 OmarAbutaleb, PE, TE $ 145.00 Peter Ramey, PE $ 134.00 John Reidinger $ 134.00 Ken Burris $ 134.00 Ken Cope $ 134.00 CM/Inspector $ 115.00 to $ 150.00 CM/inspector 5 134.00 Project Engineer $ 100.00 to $ 175.00 ChiefEngineer Dennis Phinney, PE $ 175.00 Cost/SchedEngineer Steve Rosales $ 165.00 Office Engineer Heidi Nesper $ 100.00 Sr. Scheduler Yuri Boiarsky, PMP, Engr $ 155.00 Senior Construction Inspector All Prevailing wage Senior Construction inspector $ 114.00 Labor Compliance Auditor Specialist $ 80.00 to $ 110,00 Senior Labor Compliance Specialist $ 100.00 Labor Compliance Specialist _ $ 84.00 Office Staff $ 76.00 to $ 90,00 Project Administrator $ 84.00 Contract Administrator $ 76.00 Administrative Support $ 76.00 NOTES: Rates include related costs: professional liability insurance, overhead, vehicle, vehicle insurance, fuel, vehicle maintenance, laptop computer, heat gun, probe, smart level, cell phone and calling plan, digital camera and standard tools and equipment. Ali other direct expenses (Plan Reproduction, Large Printing jobs and Delivery/ Mail) will be billed at cost plus 10%. Overtime for full time inspection staff will be charged at 140% of the regular hourly rate. Double time for full time staff wilt be charged at 180% of regular hourly rate. Saturdays will be charged at 140%, Sundays and holidays will be charged at 160% of the regular hourly rate, Part time staff will be 150% of base rate for any Overtime and Saturday and 200% of base rate for any double time, holidays and Sundays. We have a 4 hr. minimum for inspection. Subconsullant rates will be marked up by 15%. For inspection staff if their shift that begins between 2:00pm and 4:OOam, during any twenty-four hour period, our rate is subject to a twelve and one-half percent (12.5%) differential increase. Carl Wallace, PE President / Project Manager ®allacepAssociates co nsuliln Q, Inc. 12 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND CIVILSOURCE, INC. ON-CALL CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is made and effective as of July 11, 2017, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and CivilSource, 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 11, 2017, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2018, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the agreement for three (3) additional one (1) year term. In no event shall the contract be extended beyond June 30, 2021. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area using April year over year change by the United States Bureau of Labor Statistics (CPI). 2. SERVICES 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. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or subconsultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or 1 portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subconsultants must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any agreement that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subconsultants will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.qov/Public-Works/PublicWorks.html 6. 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 Two Hundred Thousand Dollars ($200,000) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the 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. 7. 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 2 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. 8. 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. 9. 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. 3 10. 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. 11. 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. 4 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. 5 12. 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. 13. 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. 14. 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. 6 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: CivilSource, Inc. Attn: Amy Amirani, PE 9890 Irvine Center Drive Irvine, CA 92618 16. 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. 17. 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. 18. 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. 19. 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 - 7 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. 20. 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. 21. 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. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CIVILSOURCE, 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 ATTEST: Amy Amirani, PE Vice President By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT CivilSource, Inc. Attn: Amy Amirani, PE 9890 Irvine Center Drive Irvine, CA 92618 (949) 585-0477 amy@civil-source.com PM Initials: Date: 9 EXHIBIT A Tasks to be Performed The specific elements (scope of work) includes on-call construction management services for public works projects. The general scope of services for each project will vary. Typical services that may be required on public works projects could include, but may not be limited to some or all of the following services: 1. Professional project management and administration, including correspondence, scheduling, progress meetings, reporting, logging, filing, community outreach, inter- agency coordination, etc. 2. Professional Inspection. This may include one or more of the following: civil, structural, survey, electrical, hydraulic, traffic, geotechnical, landscaping and irrigation, and wet/dry utilities. 3. Quality Assurance, including materials sampling and testing. 4. Environmental compliance, including National Pollutant Discharge Elimination System (NPDES) implementation. 5. Utility coordination. 6. Labor, health, and safety compliance. 7. Pre -construction services. This will include reviewing contract plans, specifications, agreements, and contract documents; meeting and establishing communication protocols with the City's Oversight Engineer and Project Manager, Design Engineer, and execute all preconstruction meetings. 8. Post -construction services. This will include preparation of as-builts, punch list and final documentation and turnover of project files. 10 EXHIBIT B Payment Rates and Schedule 11 Standard Fee Schedule Effective January 1, 2017 through June 30, 2018. If contract assignment extends beyond that date, a new rate schedule will be added to the contract. Principal Project Manager Quality Assurance Manager Senior Engineer Project Engineer Traffic Engineer Associate Engineer Assistant Engineer Designer Engineering Technician CADD Drafter Ad ministration $185 $160 $150 $135 $130 $130 $115 $110 $110 $90 $85 $75 CONSTRUCTION SERVICES HOURLY RATE Senior Construction Manager $165 Construction Manager $145 Resident Engineer $140 Office Engineer $120 Project Controls Engineer $100 Construction Inspector $105 Building Inspector $98 Contract Adm inistration/Documents Control $75 Surveying(2-person survey crew) $250 Reproduction Cost Consultant Services Cost+ 15% Automobile Transportation Included in hourly rates Delivery, Freight, Courier Cost Agency Fees Cost Commercial Travel Cost �unoi�v' Amy Amirani, PE, Principal -in -Charge /Vice President SignatdYe Name/Title ON-CALL CONSTRUCTION MANAGEMENT SERVICES CITY OFTEMECULA 12 30 NVS WRITTEN CONSENT OF THE SOLE DIRECTOR IN LIEU OF AN ORGANIZATION MEETING OF CIVILSOURCE, INC. The undersigned, being the sole director of CivilSource, Inc., a California corporation, hereby adopts the following resolutions by written consent for the purpose of perfecting the organization of this Corporation. LOCATION OF MINUTE BOOKS RESOLVED, that the minute books shall be maintained at: 9890 Irvine Center Drive, Irvine, CA, 92618. PRINCIPAL EXECUTIVE OFFICE RESOLVED, that the Corporation's principal executive office shall be located at 9890 Irvine Center Drive, Irvine, CA 92618. FINANCIAL The Corporation is projected to have $9.5 million in revenue for the year ending 12/31/2016 with net income of $1,240,000. This written Consent of the Sole Director shall be filed in the minute books of the Corporation and become a part of the records of the Corporation. Date: December 1, 2016 QI.A/VQAAMI\06/--- Amy Amirani, Director WRITTEN CONSENT OF THE SOLE DIRECTOR IN LIEU OF AN ORGANIZATION MEETING OF CIVILSOURCE, INC. The undersigned, being the sole director of CivilSource, Inc., a California corporation, hereby adopts the following resolutions by written consent for the purpose of perfecting the organization of this Corporation. LOCATION OF MINUTE BOOKS RESOLVED, that the minute books shall be maintained at: 9890 Irvine Center Drive, Irvine, CA, 92618. PRINCIPAL EXECUTIVE OFFICE RESOLVED, that the Corporation's principal executive office shall be located at 9890 Irvine Center Drive, Irvine, CA 92618. FINANCIAL The Corporation is projected to have $6.8 million in revenue for the year ending 12/31/2015 with net income of $540,000. This written Consent of the Sole Director shall be filed in the minute books of the Corporation and become a part of the records of the Corporation. Date: December 1, 2015 Amy Amirani, Director AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND FALCON ENGINEERING SERVICES, INC. ON-CALL CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is made and effective as of July 11, 2017, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and FALCON Engineering Services, 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 11, 2017, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2018, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the agreement for three (3) additional one (1) year term. In no event shall the contract be extended beyond June 30, 2021. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area using April year over year change by the United States Bureau of Labor Statistics (CPI). 2. SERVICES 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. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or subconsultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or 1 portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subconsultants must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any agreement that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subconsultants will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.qov/Public-Works/PublicWorks.html 6. 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 Two Hundred Thousand Dollars ($200,000) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the 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. 7. 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 2 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. 8. 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. 9. 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. 3 10. 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. 11. 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. 4 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. 5 12. 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. 13. 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. 14. 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. 6 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: FALCON Engineering Services, Inc. Attn: Wael Faqih, Vice President 341 Corporate Terrace, Suite 101 Corona, CA 92879 16. 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. 17. 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. 18. 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. 19. 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 - 7 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. 20. 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. 21. 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. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA FALCON ENGINEERING SERVICES, 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 ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Maha Faqih, President Wael Faqih, Vice President FALCON Engineering Services, Inc. Attn: Wael Faqih, Vice President 341 Corporate Terrace, Suite 101 Corona, CA 92879] (951) 549-9600 wfaqih@falcon-ca.com 9 PM Initial Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) includes on-call construction management services for public works projects. The general scope of services for each project will vary. Typical services that may be required on public works projects could include, but may not be limited to some or all of the following services: 1. Professional project management and administration, including correspondence, scheduling, progress meetings, reporting, logging, filing, community outreach, inter- agency coordination, etc. 2. Professional Inspection. This may include one or more of the following: civil, structural, survey, electrical, hydraulic, traffic, geotechnical, landscaping and irrigation, and wet/dry utilities. 3. Quality Assurance, including materials sampling and testing. 4. Environmental compliance, including National Pollutant Discharge Elimination System (NPDES) implementation. 5. Utility coordination. 6. Labor, health, and safety compliance. 7. Pre -construction services. This will include reviewing contract plans, specifications, agreements, and contract documents; meeting and establishing communication protocols with the City's Oversight Engineer and Project Manager, Design Engineer, and execute all preconstruction meetings. 8. Post -construction services. This will include preparation of as-builts, punch list and final documentation and turnover of project files. 10 EXHIBIT B Payment Rates and Schedule 11 •FALCON Friday, May 12, 2017 City of Temecula Standard Fee Schedule RFP No. 218 On -Call Construction Management Services 2017-2018 Name Classification Hourly Rate* Wael Faqih, PE Project Manager $250.00 Scott Walker, PE Construction Manager/Resident Engineer $230.00 Alex Naime, PE Construction Manager/Resident Engineer $200.00 Tariq Malik, PE Construction Manager/Resident Engineer $205.00 Juan Rojas, PE Construction Manager/Resident Engineer $210.00 Amy Griffin, PE Construction Manager/Resident Engineer $200.00 Darius Johnson, PE Construction Inspector/Structural Inspector $205.00 Mohammad Khalaileh, PE Construction Inspector/Structural Inspector $170.00 Rey Orito, PE Construction Inspector/Structural Inspector $200.00 Ahmad Faqih, EIT EIT/Construction Inspector/Structural Inspector $171.64 Zaid Afanan, EIT EIT/Assistant Structural Inspector/Administrative $150.99 yousef Ibrahim, PE Construction Manager/Resident Engineer $200.00 Mohammad Zand Inspector $135.00 Eric Egurrola Structural Inspector $140.00 George Franco Structural Inspector $140.00 Ahmad Mkhallati Assistant Structural Inspector $135.00 Charles Munroe Cost Estimator $170.00 Dion Castro, ToR Safety Inspector/SWPPP $160.00 Alex Padilla Assistant Structural Inspector/Administrative $118.82 Roger Bates, PLS Construction Inspector/Land Surveyor $140.00 Dennis Green Public Outreach $158.43 Darcy McNaboe Public Outreach $132.03 General Inspector (Utilities, Public Works, Roadway/bridge) PW (New Hire) $126.75 Sr. Inspector (Utilities, Public Works, Roadway/Bridge) PW (New Hire) $135.00 Subconsultants Cost Proposal Amec Foster Wheeler Special Inspector $ 115.00 JefferyAshcraft Alejandro Rodriguez Soils and Materials Technician $ 115.00 Kim Bainer Field Technician $ 115.00 Converse Consultants Hashmi Quazi, PhD, PE Principal -in -charge /Materials Engineer $ 185.00 Jordan Roper, PE Project Engineer $ 150.00 Gerardo Portea Field Technician $ 100.00 Dynamic Engineering Services, Inc. 12.5% Annual Increase shall apply effective 1/1/18} Chia -Chi Wang, PE RE/Labor Compliance Manager/SWPPP $ 156.91 John Kannor Assistant Resident Engineer/Roadway& Electronics $ 150.37 Leon Fuentes Assistant Resident Engineer/Electrical $ 143.83 Francis Karl Francis, PE, L5 Construction Inspector/Senior Land Surveyor $ 200.00 Charles Lamb, LA Senior Project Landscape Architect $ 160.00 Linda Francis, LA Landscape Architect $ 160.00 GEOMAT Haytham Nabilsi, GE Project Manager Materials Testing/Geotechnical $ 125.00 Tamer Khalil Materials Technician $ 100.00 Art Martinez Field Technician $ 100.00 Page 1 of 2 12 FALCON Friday, May 12, 2017 City of Temecula Standard Fee Schedule RFP No. 218 On -Call Construction Management Services 2017-2018 f 1 Yearl Page 2 of 2 13 hour! Rate* NameClassification MARRS Services Rose Keshawarz Assistant Project M anager/Project Engineer 5 157.00 Scott Simpson QA/QC Manager $ 161.00 Ahmet Aydogan, Ph.D, PE Environmental Engineer $ 120.00 Charles Feist, PE Senior Scheduler 5 160.00 John Woodley Structural Inspector $ 170.00 Damian Weilbather Senior Structural Inspector 5 160.00 Delfina Zafra Structural Inspector $ 152.00 Dennis Barnes, PE, TE Civil Engineer / Traffic Engineer $ 154.00 Jimmy Stewart Structural Inspector $ 152.00 Rodelio Resurrection Cost Estimator $ 165.00 Rene Cruz Utility Coordinator $ 120.00 Richard Onochie Office Engineer/Administrative $ 170.00 MNS Engineers Jacob Tabari, PE Resident Engineer 5 185.00 Richard Mocke _ Construction Manager $ 165.00 Jason Mate Construction Manager 5 165.00 Gary Bohnisch Construction Inspector $ 140.00 George Haines Construction inspector $ 140.00 Taylor Merlo Construction inspector $ 140.00 Ernie Oviedo Electrical Inspector $ 140.00 Howard Sanders Construction Inspector $ 140.00 Moji Shahkarami Construction Inspector $ 140.00 Ken Shaver Construction inspector $ 140.00 John Stage somas cliff5imenta, PL Construction Inspector Sr. Survey Manager $ $ 140.00 210.00 Sean Smith Project Surveyor $ 175.00 Tim Garcia, PLS Party Chief 5 140.00 2&K Consultants Construction Manager/Resident Engineer 5 160.00 Zack Faqih, PE Raymond Frangie avid Evans & Associates Structural Inspector Survey Manager $ $ 150.15 220.00 Rob Vasquez, PL5 Jerry Woodrow, PLS Party Chief $ 175.00 Dave Figueredo Senior Chainman $ 150.00 General Tech Support Notes: FALCON Loaded Hourly Rate is valid for One Year. Rate includes all expenses, vehicle, gas, maintenance, laptop, cell phone, insurance & incidentals. Field Office & Equipment, Office Space & Utilities to be provided by the City or Contractor. All field staff rates are based on Prevailing Wages calculations. ' The Subronsultaj tsRate,Sheets . vail- . - . on request, were not include due to the page restriction- 511 21 i Al 3 - Signed by'. Wael Faqih, President Date Page 2 of 2 13 Item No. 10 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: July 11, 2017 SUBJECT: Approve the BEYOND Framework Fund Program Funding Agreements with Western Riverside Council of Governments (WRCOG) for Nine Projects PREPARED BY: Julie Tarrant, Senior Management Analyst RECOMMENDATION: That the City Council approve the BEYOND Framework Fund Program Funding Agreements with Western Riverside Council of Governments (WRCOG) for the BEYOND Core and BEYOND Team Program Categories for Nine Projects. BACKGROUND: WRCOG is the Administrator of the BEYOND Framework Fund Program which encompasses the BEYOND Core, BEYOND Team, and BEYOND Health Program categories. The BEYOND program is an economic development and sustainability local assistance funding program intended to assist WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health and transportation. On January 9, 2017, the WRCOG Executive Committee approved the allocation of Round 11 BEYOND Core funding in the amount of $2,052,917.31, BEYOND Team funding of $175,000, and BEYOND Health funding of $75,000, for Fiscal Year 2016-17, to its member agencies for the purposes of implementing local and multi -jurisdictional projects. Each member agency was encouraged to submit concept proposals and applications in both the non-competitive and multi - agency competitive programs. The City's allocation as part of the BEYOND Core funding program for Fiscal Year 2016-17 was a total of $126,736. City staff from various departments, submitted concept proposals and subsequent applications to include a variety of project types that align with the BEYOND program guidelines and minimum evaluation criteria for a total not to exceed the awarded allocation. Project applications for the BEYOND Core program include a project overview, project details, scope of work, timeline, expected project outcomes and population served, and were required to address one or more of the six goals outlined in WRCOG's Economic Development and Sustainability Framework. The City of Temecula submitted applications for the following projects: No. Department BEYOND Core Projects Amount 1. TCSD Intergenerational Horticulture Program $10,000 2 Community Development Bicycle Sharrows $20,000 3 Economic Development Temecula Youth Project Construct $15,000 4 Economic Development Industry Sector Promotions/Site Visits & Surveys $5,000 5 Economic Development Emergency Management Summit $5,000 6. City Clerk Government Leadership Program for Youth $10,000 7. Public Works Sixth Street Sidewalk Improvements $41,736 8 City Manager's Office Regional Cancer Task Force $20,000 In addition to the BEYOND Core project applications, the Temecula Community Services Department (TCSD) submitted an application for the BEYOND Team program category to include the Partner Agencies of City of Murrieta, VVildomar, Lake Elsinore, Menifee and the Community Mission of Hope for the Regional Homeless Alliance. Our project application was awarded a total of $79,000 allocated to the City of Temecula for their role in this project. The mission of the Regional Homeless Alliance is to collaborate and develop solutions to the issues of homelessness within our collective communities. Representative staff from each agency will work cooperatively to develop a comprehensive regional homeless program to address immediate needs such as emergency housing, support services, outreach, education and health resources, and economic and environmental concerns. No. Department BEYOND Team Project Amount 1. TCSD Regional Homeless Alliance (Southwest Cities) $79,000 The City Manager's Office also submitted a project application for BEYOND Framework Funds, which includes the City's share of $20,000 from the CORE project applications referenced above, for the project known as Southwest Riverside County Cancer Care Health Needs Assessment to form a Regional Cancer Task Force that includes Partner Agencies of the City of Lake Elsinore, Menifee, Murrieta, the County of Riverside, and a pledge from Inland Empire Health Plan (IEHP) in the amount of $20,000. All Partner Agencies have contributed a portion of their BEYOND funding allocations to support the project. The City of Temecula will be the lead agency and collaborate with representatives from each agency along with a consultant to provide an in-depth assessment of the state of cancer -related services and treatment options available in Southwest Riverside County, and to develop a plan to promote the existing cancer care services and attract additional cancer services and resources that may be needed within the region. The goal of the Task Force is to ease the burden of those suffering from cancer by promoting comprehensive treatment options, resources and support services, including cancer patient prevention, screening, diagnosis, on-going treatment, and post treatment needs. The project application was awarded a total of $62,000 in BEYOND Framwork Funds, which includes the City of Temecula's CORE funds of $20,000. Participating Agencies contributions are as follows: Agency Name Amount City of Temecula $20,000 City of Lake Elsinore $10,000 County of Riverside $20,000 City of Menifee $6,000 City of Murrieta $6,000 IEHP ($15,500 up to $20,000 if needed) $20,000 City staff respectively requests that Patrick Thomas, Director of Public Works/City Engineer be named the City's representative, and that the Mayor be authorized to sign each agreement on behalf of the City. FISCAL IMPACT: There is no fiscal impact for TCSD, Economic Development, Community Development, City Clerk, and City Manager's Office. All expenditures will be offset by revenues from the WRCOG BEYOND Fund Program and Participating Agencies contributions. The Public Works project is included in the Fiscal Year 2018-22 Capital Improvement Program (CIP) and is fully funded with BEYOND Program Funds, General Fund and Measure S Funds. ATTACHMENTS: 1. Agreement - Intergenerational Horticulture Program 2. Agreement - Bicycle Sharrows 3. Agreement - Temecula Youth Project Construct 4. Agreement - Industry Sector Promotions/Site Visits & Surveys 5. Agreement - Emergency Management Summit 6. Agreement - Government Leadership Program for Youth 7. Agreement - Sixth Street Sidewalk Improvements 8. Agreement — Regional Homeless Alliance (Southwest Cities) 9. Agreement — Southwest Riverside County Cancer Care Health Needs Assessment PROJECT #: 17-25-16-04 BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT BEYOND CORE PROGRAM CATEGORY INTERGENERATIONAL HORTICULTURE PROGRAM THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 1 lth day of July, 2017, by and between the Western Riverside Council of Governments ("WRCOG"), a California joint powers authority and the City of Temecula ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the BEYOND Framework Fund Program, which encompasses the BEYOND Core, BEYOND Team, and BEYOND Health Program categories, an economic development and sustainability local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation ("BEYOND"). B. For Round II of BEYOND, which launched in Fiscal Year 2016/2017, WRCOG has allocated Two Million Three Hundred Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,302,917.31) for use by WRCOG member agencies through BEYOND ("Program Funds"). This funding includes Two Million Fifty Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,052,917.31) for BEYOND Core, One Hundred Seventy Five Thousand Dollars and No Cents ($175,000.00) for BEYOND Team, and Seventy Five Thousand Dollars and No Cents ($75,000.00) for BEYOND Health. Funding allocations for Round II to each member agency are listed in Exhibit "A" attached hereto and incorporated herein by reference. C. WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG's Economic Development and Sustainability Framework Goals; (2) to provide a match for grants and other funding opportunities consistent with WRCOG's Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects consistent with WRCOG's Economic Development and Sustainability Framework Goals. All projects funded by the BEYOND Health category must, at a minimum, be consistent with the Health Goal Area outlined in WRCOG's Economic Development and Sustainability Framework. D. WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG's Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. Page 1 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project. This Agreement is intended to distribute Program Funds to the AGENCY for Intergenerational Horticulture Program, (the "Project"). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Sustainability Framework Goals set forth in Exhibit "C" attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed Ten Thousand Dollars and No Cents ($10,000.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round II, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG's Economic Development and Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. Page 2 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly. AGENCY may use the template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by reference. b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by reference. c. Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. 6. Increases in Project Funding. The Funding Amount may, in WRCOG's sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved by WRCOG's Executive Director. In no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round II exceed the maximum funding allocation for the AGENCY, as listed in Exhibit "A". No such increased funding shall be expended to pay for any Project already completed. Page 3 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8. [IF THE AGENCY INTENDS TO USE PROGRAM FUNDS AS MATCHING FUNDS FOR A GRANT OPPORTUNITY, THE AGENCY MUST INDICATE AN ALTERNATIVE USE OF THE PROGRAM FUNDS IN THE EVENT THE GRANT APPLICATION IS UNSUCCESSFUL. THIS PROVISION CAN CONTAIN THE FOLLOWING: "Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the following manner: N/A ("Alternative Project"). Prior to the use of Program Funds for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the Alternative Proj ect.] 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until December 15, 2018, (the project must be completed by November 15, 2018, unless approved as a multi-year project), unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Patrick Thomas, Director of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. Page 4 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 13. Termination. a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indemnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or Page 5 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and iii. Contain standard separation of insured provisions. Page 6 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG's Representative, provided that such approval shall be in the sole discretion of WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Page 7 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 23. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 24. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: City of Temecula Attn: Patrick Thomas, Director of Public Works/City Engineer 41000 Main Street Temecula, CA 92590 Telephone: (951) 506-5163 Email: patrick.thomas@temeculaca.gov If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Page 8 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 30. Integration; Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 34. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above -written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: Date: By: Date: Rick Bishop Maryann Edwards Executive Director Mayor Attest: Approved to Form: By: Date: Randi Johl By: Date: City Clerk Steven C. DeBaun General Counsel Approved to Form: By: Date: Peter M. Thorson City Attorney Page 10 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 EXHIBIT "A" MEMBER AGENCY FUNDING ALLOCATION Round II - BEYOND Core Jurisdiction Allocation Banning pm $ 62, 664.24 Calimesa $ 35,000.00 Canyon Lake $ 39,488.29 ' Corona $ 150,868.24 Eastvale $ 94,576.24 I Hemet $ 107,257.24 Jurupa Valley $ 120,837.49 J Lake Elsinore $ 92,959.24 Menifee $ 113,957.74 J Moreno Valley $ 161,049.24 Murrieta $ 129,101.74 Norco $ 58,135.54 $ 102,496.24 Riverside $ 190, 877.49 San Jacinto $ 82,009.54 ' Temecula $ 126,736.24 Wildomar $ 67,648.34 I County of Riverside $ 177,254.30 Eastern Municipal Water District $ Nom. 35,000.00 Western Municipal Water District $ 35,000.00 Riverside County Superintendent of Schools $ 35,000.00 , Morongo Band of Mission Indians Total BEYOND Core Allocation $ 35,000.00 $ 2,052,917.31 Exhibit A Page 11 of 21 20323.00005\24434070.4 $ 6,000.00 • PROJECT #: 17-25-16-04 Round II - BEYOND Team Lead Agency Project Allocation Perris HealthyCommunity50 $ 17,000.00 Riverside Western Riverside Homeless Collaborative $ 79,000.00 Temecula Regional Homeless Alliance (Southwest Cities) $ 79,000.00 Total $ 175,000.00 Round II - BEYOND Health Jurisdiction Allocation Banning 1 Calimesa $ 6,000.00 Corona I=116,000.00 Jurupa Valley $ 6,000.00 Lake Elsinore $ 6,000.00 Menifee $ 6,000.00 Moreno Valley MI= $ IMIL2,000.00 Murrieta $ 6,000.00 Norco $ 6,000.00 ' Perris $ 6,000.00 Riverside $ 3,750.00 San Jacinto $ 3,750.00 County of Riverside $ 3,750.00 Eastern Municipal Water District $ 3,750.00 Total BEYOND Core Allocation $ 75,000.00 Exhibit A Page 12 of 21 20323.00005\24434070.4 EXHIBIT "B" SCOPE OF WORK SCOPE OF WORK: PROJECT #: 17-25-16-04 (71 Task 6: Celebrate Garden through Events and Activities Q Task 5: Kick off Program in June W Task 3: Preparation of Garden N Task 2: Outreach, Promotion, Solicitation 1.1 Program Curiculum Research and development Curriculum Task 1: Program Development Task Description Deliverables Scope of Work Intergenerational Horticulture Program Special Events, Activities Implement Program Prep Community Garden Solicit Volunteers/Community Patners Organize special events to celebrate harvest and highlight program accomplishments. Special events to outreach to local agriculture communities for intern, volunteer, apprenticeships, employment opportunities to participants who participate in the vocational aspects of the program. Teach basic Horticulture skills, provide opportunities for learning, training, enrichment Prepare and obtain tools, equipment, material to implement program Advertise and Promote program Special Events Opportunities to participants Material, Equipment, Garden Flyer, Press Release Exhibit C Page 13 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 BUDGET: GRAND TOTAL Subtotal - Subconsultant(s): Lead consultant - Community Partners Subconsultant - Community Partners Subtotal - ODCs: Consultant(s) Project Materials Social Media Programming Activities Subtotal -Overhead: Other Direct Costs (ODCs)(examoles below): Overhead Subtotal - Direct Labor Classification(s): Overhead (must not exceed 25% of total amount funded) • Add additional as needed Agency Project Manager Agency Staff Cost Categories Staff Time Expenses (examples below): 00 O O 0 O O I -,-,W N W �o� ° i a N.. a• OO O 0 O O O O O O O�EpA O O 0 O O O O O O O O O Hours Amount Program Development Task 1 N _ -,1 O O O EA O O O EA EA o o O O O O EA O O O O EA O o O O EA EA 0 0 O O O O EA EA 0 o O O O O EA O O O EA O O O N O -,1 O O O EA W Co N W O _ EA - A N -, v N A co A O O O O O o o 0 0 p 0 O 0 O P 0 0 O Z N Promote Program Task 2 W CO CO O O O O O EA EA O O O O 0 0 NEA 0O O 0 O 0 O 0 EA EA O O 0 0 O O 0 0 EA O EA 0 0 O O 0 0 A 0 O 0 EA 0 O 0 EA C01° CO CO O 0 EA -, 0 A 0 EA EA W 0 --.1 A N 0 0 n E ^' b O b 0 o O O b 0 o 0 o A 0 0 O N Garden Prep Task 3 CO 0)) O) EA O O EA EA o 0 O O N O O O te O 0 O te EA 0 O 0 0 O O EA EA 0 o O O to O O EA 0 O 03 00) OD N 01 N O N on, 01 0)) N A O A n _ �-n A N b O O b 0 o 00 A N O O o 000 0 0 Hours Amount Implementation Task 4 EA O O N CO IV O EA 0 O O EA EA 00 O O O O eft N O) 0 0 O O EA 01 0 00000 O O EA EA O - 0 0 O O O O EA EA O O O O EA 0 O O EA 0 O O EA -,1 A N CO IV O EA N O A O) O EA EA N W N) 0 CO 0) O) O O O 0) b O O b 0 o 00 0) b 0 0 000 0 0 Hours Amount Special Events Task 5 EA N 01 0) (n b O EA 0 b O EA EA o0 O O O O EA N .1 0 0 b O EA 0 0 00000 O O EA EA 01 0 0 O O O O EA 0 EA O O O O EA O b O EA 0 O O EA N -CO 0) (n b O y) J (3) (4101 O) O EA y) - CO N N �l O) A O O O 0 O 0 0 0 00 O 0 0 0 000 0 p z X X x Task 6 EA 0 o EA 0 o EA EA 0 0 0 0 EA 0 0 EA 0 0 EA EA 0 0 0 0 EA EA 0 0 0 0 EA 0 0 EA 0 0 EA O 0 EA 0 0 EA EA 0 0 0 0 D ° j N O 0 O O o 0 0 0 is) 0 0 (FO o o CFO N o A 0 Hours Amount Grand Total (All tasks) EA W O W EA EA N O O O W 0 0 0 EA 0 0 EA EA O O O O EA CT 0) 0 O O EA W y) CO A 0 0 O O O O y) N 0 EA O O O O EA O O EA O O EA N O W EA 0) N, 01 N O EA EA 0) v A W N O) O A Exhibit C Page 14 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 TIMELINE. (P CJ (P N — , A 01 A A A W A— N A W 61 W (P W A W 03 CJ N - N co N 61 01 N A N 03 IJ N - N 0) W N—, _,a Z m Cr N fD PROJECT TIMELINE Garden Volunteer Appreciation Spotlighting Garden Projects Community Garden Invitational Special Events, Activities ISeasonalsessions Program Start Date Volunteer Training Staff Training (Committee Meeting Program Implementation Seeds 2. I Irrigation Groundskeeping m2. v 0 m Preparation of Garden Solicit Participants (Solicit Volunteers Outreach m a 07, fn r. Create Press Release Create Flyer (Promote Program Organize I Develop Research Program Curriculum Task Title Project Title I May -17 I Jun -17 1 Jul -17 I Aug -17 1 Sep -17 1 Oct -17 1 Nov -17 1 Dec -17 1 Jan -18 1 Feb -18 1 Mar -18 1 Apr -18 1 May -18 1 Jun -18 1 Jul -18 I Aug -18 1 Sep -18 I Oct -18 1 Nov -18 I Ilntergenerational Horticulture Program Exhibit C Page 15 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 EXHIBIT "C" ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED -1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED -2: Subregional Capacity Building: A diversified, robust, and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED -3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate from college, and who achieve technical degrees that are in demand in Western Riverside County. Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K-12 schools, colleges and universities, government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing, viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained, home-grown workforce to serve the healthcare needs of Western Riverside County. Goal H-3: Healthy Environment: Support efforts of local jurisdictions, business, and regional government to improve the health of our region's environment. Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation + Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for pedestrians, transit users, and bicyclists. Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Exhibit C Page 16 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on water efficiency issues for the benefit of member agencies, businesses, and residents. Energy / Environment Goal EE -1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GHG emissions. Goal EE -2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE -3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE -4: Environment Conservation and Enhancement: Support regional plans and programs to maintain or improve the quality of the natural environment. Goal EE -5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. Exhibit C Page 17 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 EXHIBIT "D" TEMPLATE INVOICE Member Agency Address City, State, Zip Code Invoice #: Date: Bill to: Western Riverside Council of Governments Attn: Ernie Reyna, Chief. Financial Officer Purpose of Invoice: Beyond Initiative Expenses: List cost categories and itemizations here: Total Invoice Amount: $ Make check out to: Contact Name: Title: Phone Number: Email Address: Exhibit D Page 18 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 Elements of Compensation EXHIBIT "E" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least once, after the completion of the Project, by no later than December 15, 2018, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred. The original invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and its attachment. 5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the invoice. Exhibit E Page 19 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 EXHIBIT "E-1" Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY's invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME] per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year Total Authorized Agreement Amount: Total Invoiced to Date: Total Previously Invoiced: Balance Remaining: Amount due this Invoice: $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. By: Name Title Exhibit E-1 Page 20 of 21 20323.00005\24434070.4 INTENTIONALLY LEFT BLANK Exhibit E-1 Page 1 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-04 PROJECT #: 17-25-16-05 BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT BEYOND CORE PROGRAM CATEGORY BICYCLE SHARROWS THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 1 lth day of July, 2017, by and between the Western Riverside Council of Governments ("WRCOG"), a California joint powers authority and the City of Temecula ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the BEYOND Framework Fund Program, which encompasses the BEYOND Core, BEYOND Team, and BEYOND Health Program categories, an economic development and sustainability local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation ("BEYOND"). B. For Round II of BEYOND, which launched in Fiscal Year 2016/2017, WRCOG has allocated Two Million Three Hundred Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,302,917.31) for use by WRCOG member agencies through BEYOND ("Program Funds"). This funding includes Two Million Fifty Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,052,917.31) for BEYOND Core, One Hundred Seventy Five Thousand Dollars and No Cents ($175,000.00) for BEYOND Team, and Seventy Five Thousand Dollars and No Cents ($75,000.00) for BEYOND Health. Funding allocations for Round II to each member agency are listed in Exhibit "A" attached hereto and incorporated herein by reference. C. WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG's Economic Development and Sustainability Framework Goals; (2) to provide a match for grants and other funding opportunities consistent with WRCOG's Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects consistent with WRCOG's Economic Development and Sustainability Framework Goals. All projects funded by the BEYOND Health category must, at a minimum, be consistent with the Health Goal Area outlined in WRCOG's Economic Development and Sustainability Framework. D. WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG's Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. Page 1 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project. This Agreement is intended to distribute Program Funds to the AGENCY for Bicycle Sharrows, (the "Project"). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Sustainability Framework Goals set forth in Exhibit "C" attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed Twenty Thousand Dollars and No Cents ($20,000.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round II, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG's Economic Development and Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. Page 2 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly. AGENCY may use the template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by reference. b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by reference. c. Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. 6. Increases in Project Funding. The Funding Amount may, in WRCOG's sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved by WRCOG's Executive Director. In no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round II exceed the maximum funding allocation for the AGENCY, as listed in Exhibit "A". No such increased funding shall be expended to pay for any Project already completed. Page 3 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8. [IF THE AGENCY INTENDS TO USE PROGRAM FUNDS AS MATCHING FUNDS FOR A GRANT OPPORTUNITY, THE AGENCY MUST INDICATE AN ALTERNATIVE USE OF THE PROGRAM FUNDS IN THE EVENT THE GRANT APPLICATION IS UNSUCCESSFUL. THIS PROVISION CAN CONTAIN THE FOLLOWING: "Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the following manner: N/A ("Alternative Project"). Prior to the use of Program Funds for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the Alternative Proj ect.] 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until December 15, 2018, (the project must be completed by November 15, 2018, unless approved as a multi-year project), unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Patrick Thomas, Director of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. Page 4 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 13. Termination. a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indemnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or Page 5 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and iii. Contain standard separation of insured provisions. Page 6 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG's Representative, provided that such approval shall be in the sole discretion of WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Page 7 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 23. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 24. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: City of Temecula Attn: Patrick Thomas, Director of Public Works/City Engineer 41000 Main Street Temecula, CA 92590 Telephone: (951) 506-5163 Email: patrick.thomas@temeculaca.gov If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Page 8 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 30. Integration; Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 34. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above -written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: Date: By: Date: Rick Bishop Maryann Edwards Executive Director Mayor Attest: Approved to Form: By: Date: Randi Johl By: Date: City Clerk Steven C. DeBaun General Counsel Approved to Form: By: Date: Peter M. Thorson City Attorney Page 10 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 EXHIBIT "A" MEMBER AGENCY FUNDING ALLOCATION Round II - BEYOND Core Jurisdiction Allocation Banning pm $ 62, 664.24 Calimesa $ 35,000.00 Canyon Lake $ 39,488.29 ' Corona $ 150,868.24 Eastvale $ 94,576.24 I Hemet $ 107,257.24 Jurupa Valley $ 120,837.49 J Lake Elsinore $ 92,959.24 Menifee $ 113,957.74 J Moreno Valley $ 161,049.24 Murrieta $ 129,101.74 Norco $ 58,135.54 $ 102,496.24 Riverside $ 190, 877.49 San Jacinto $ 82,009.54 ' Temecula $ 126,736.24 Wildomar $ 67,648.34 I County of Riverside $ 177,254.30 Eastern Municipal Water District $ Nom. 35,000.00 Western Municipal Water District $ 35,000.00 Riverside County Superintendent of Schools $ 35,000.00 , Morongo Band of Mission Indians Total BEYOND Core Allocation $ 35,000.00 $ 2,052,917.31 Exhibit A Page 11 of 21 20323.00005\24434070.4 $ 6,000.00 • PROJECT #: 17-25-16-05 Round II - BEYOND Team Lead Agency Project Allocation Perris HealthyCommunity50 $ 17,000.00 Riverside Western Riverside Homeless Collaborative $ 79,000.00 Temecula Regional Homeless Alliance (Southwest Cities) $ 79,000.00 Total $ 175,000.00 Round II - BEYOND Health Jurisdiction Allocation Banning 1 Calimesa $ 6,000.00 Corona I=116,000.00 Jurupa Valley $ 6,000.00 Lake Elsinore $ 6,000.00 Menifee $ 6,000.00 Moreno Valley MI= $ IMIL2,000.00 Murrieta $ 6,000.00 Norco $ 6,000.00 ' Perris $ 6,000.00 Riverside $ 3,750.00 San Jacinto $ 3,750.00 County of Riverside $ 3,750.00 Eastern Municipal Water District $ 3,750.00 Total BEYOND Core Allocation $ 75,000.00 Exhibit A Page 12 of 21 20323.00005\24434070.4 EXHIBIT "B" SCOPE OF WORK SCOPE OF WORK: Ealy fuEluewel3 I!eAI I Install 15 green road sharrows sMOJJEys pew S eaJy AEluewel3 II!H umOJOI I Install 15 green road sharrows smoijeys pew gG� eaJy gyy youea I1eAl I Install 10 green road sharrows SMOLEys pew 01.1 EON sW JOUpJESI 'Install 15 green road sharrows sMOLEys pew 91.1 eaJy SH NeO leeJOI SMOJJEgS pew g i I F Vl 0 0 U O fD O 0 O 7- 11) N CO 0 -7 Q 0 Exhibit B Page 13 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 PROJECT #: 17-25-16-05 BUDGET: GRAND TOTAL Subtotal - Subconsultant(s): Lead consultant ($285.71 per shanow - NOT per hour) Subconsultant Subtotal - ODCs: Consultant's) Project Materials Social Media Programming Activities Travel Printing Subtotal - Overhead: Other Direct Costs (ODCs)(exemo es below) O a cD a Subtotal - Direct Labor Classification(s): Overhead (must not exceed 25% of total amount funded): Add additional as needed Agency Project Manager Agency Staff Cost Categories 'Staff Time Expenses (examples below): CA in , �\\ \ { in o Sharrows Amount Great Oak HS Area 15 Sharrows Task 1 y0� A N N yy0�� AA Of i.n i. O t0i� O b in O� O pO S O g O O O O O O O O � faz Gardner MS Area 15 Sharrows Task 2 iT N N N JO pO N O N O O O 0 O O 0 pO O p O O O 0 a a •i a, 0 l'`0 N Vail Ranch MS Area 10 Sharrows W N �, N V O MM N VS O N 4 O O O O O iw y1 O S O O O O O O O O O a a % CT 61 \ O O Crown Hill Area 15 Sharrows ]C A A m N N A m N N A 4i CO O CO ONO M O O (� O O O O O O p O O O g g S 3 I O O \\\1 \ \\ O Vail Elementary Area 15 Sharrows Task 5 A N A g N in, mg 8 ( O (OT N O N M g M O 8 O N O 8 0 8 8 0 0 + OO O O \\\\ O p x x Task 6 0 in 0 0 0 g 0 69 o a boon 49 0 0 '� '� e o 0 o b 0 o 0 o 88 0 0 8 g In 3 g o PO. 8 \� \ 0 Grand Total (All tasks) 6 to CO ',"o CI b' g X 8 g g o g $0.00 $0.00 00 8 b. 0 o 0 0 0 0 0 s0.001 $0.00 1 Exhibit B Page 14 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 TIMELINE: Exhibit B Page 15 of 21 20323.00005\24434070.4 Project Title Temecula Bicycle Sharrows Task Number Task Title May -17 Jun -17 Jul -17 Aug -17 1 Sharrows Installation 1.1 Great Oak HS Area (week of 8/1) 1.2 Gardener MS Area (week of 8/7) 1.3 Vail Ranch MS Area (Week of 8/14) 1.4 Crown Hill Elem Area (week of 8/21) 1.5 Vail Elem Area (week of 8/26) Exhibit B Page 15 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 EXHIBIT "C" ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED -1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED -2: Subregional Capacity Building: A diversified, robust, and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED -3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate from college, and who achieve technical degrees that are in demand in Western Riverside County. Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K-12 schools, colleges and universities, government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing, viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained, home-grown workforce to serve the healthcare needs of Western Riverside County. Goal H-3: Healthy Environment: Support efforts of local jurisdictions, business, and regional government to improve the health of our region's environment. Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation + Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for pedestrians, transit users, and bicyclists. Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Exhibit C Page 16 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on water efficiency issues for the benefit of member agencies, businesses, and residents. Energy / Environment Goal EE -1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GHG emissions. Goal EE -2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE -3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE -4: Environment Conservation and Enhancement: Support regional plans and programs to maintain or improve the quality of the natural environment. Goal EE -5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. Exhibit C Page 17 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 EXHIBIT "D" TEMPLATE INVOICE Member Agency Address City, State, Zip Code Invoice #: Date: Bill to: Western Riverside Council of Governments Attn: Ernie Reyna, Chief. Financial Officer Purpose of Invoice: Beyond Initiative Expenses: List cost categories and itemizations here: Total Invoice Amount: $ Make check out to: Contact Name: Title: Phone Number: Email Address: Exhibit D Page 18 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 Elements of Compensation EXHIBIT "E" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least once, after the completion of the Project, by no later than December 15, 2018, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred. The original invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and its attachment. 5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the invoice. Exhibit E Page 19 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 EXHIBIT "E-1" Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY's invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME] per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year Total Authorized Agreement Amount: Total Invoiced to Date: Total Previously Invoiced: Balance Remaining: Amount due this Invoice: $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. By: Name Title Exhibit E-1 Page 20 of 21 20323.00005\24434070.4 INTENTIONALLY LEFT BLANK Exhibit E-1 Page 1 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-05 PROJECT #: 17-25-16-08 BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT BEYOND CORE PROGRAM CATEGORY TEMECULA YOUTH PROJECT CONSTRUCT THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 1 lth day of July, 2017, by and between the Western Riverside Council of Governments ("WRCOG"), a California joint powers authority and the City of Temecula ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the BEYOND Framework Fund Program, which encompasses the BEYOND Core, BEYOND Team, and BEYOND Health Program categories, an economic development and sustainability local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation ("BEYOND"). B. For Round II of BEYOND, which launched in Fiscal Year 2016/2017, WRCOG has allocated Two Million Three Hundred Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,302,917.31) for use by WRCOG member agencies through BEYOND ("Program Funds"). This funding includes Two Million Fifty Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,052,917.31) for BEYOND Core, One Hundred Seventy Five Thousand Dollars and No Cents ($175,000.00) for BEYOND Team, and Seventy Five Thousand Dollars and No Cents ($75,000.00) for BEYOND Health. Funding allocations for Round II to each member agency are listed in Exhibit "A" attached hereto and incorporated herein by reference. C. WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG's Economic Development and Sustainability Framework Goals; (2) to provide a match for grants and other funding opportunities consistent with WRCOG's Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects consistent with WRCOG's Economic Development and Sustainability Framework Goals. All projects funded by the BEYOND Health category must, at a minimum, be consistent with the Health Goal Area outlined in WRCOG's Economic Development and Sustainability Framework. D. WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG's Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. Page 1 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project. This Agreement is intended to distribute Program Funds to the AGENCY for Temecula Youth Project Construct, (the "Project"). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Sustainability Framework Goals set forth in Exhibit "C" attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed Fifteen Thousand Dollars and No Cents ($15,000.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round II, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG's Economic Development and Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. Page 2 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly. AGENCY may use the template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by reference. b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by reference. c. Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. 6. Increases in Project Funding. The Funding Amount may, in WRCOG's sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved by WRCOG's Executive Director. In no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round II exceed the maximum funding allocation for the AGENCY, as listed in Exhibit "A". No such increased funding shall be expended to pay for any Project already completed. Page 3 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8. [IF THE AGENCY INTENDS TO USE PROGRAM FUNDS AS MATCHING FUNDS FOR A GRANT OPPORTUNITY, THE AGENCY MUST INDICATE AN ALTERNATIVE USE OF THE PROGRAM FUNDS IN THE EVENT THE GRANT APPLICATION IS UNSUCCESSFUL. THIS PROVISION CAN CONTAIN THE FOLLOWING: "Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the following manner: N/A ("Alternative Project"). Prior to the use of Program Funds for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the Alternative Proj ect.] 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until December 15, 2018, (the project must be completed by November 15, 2018, unless approved as a multi-year project), unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Patrick Thomas, Director of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. Page 4 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 13. Termination. a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indemnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or Page 5 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and iii. Contain standard separation of insured provisions. Page 6 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG's Representative, provided that such approval shall be in the sole discretion of WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Page 7 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 23. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 24. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: City of Temecula Attn: Patrick Thomas, Director of Public Works/City Engineer 41000 Main Street Temecula, CA 92590 Telephone: (951) 506-5163 Email: patrick.thomas@temeculaca.gov If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Page 8 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 30. Integration; Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 34. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above -written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: Date: By: Date: Rick Bishop Maryann Edwards Executive Director Mayor Attest: Approved to Form: By: Date: Randi Johl By: Date: City Clerk Steven C. DeBaun General Counsel Approved to Form: By: Date: Peter M. Thorson City Attorney Page 10 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 EXHIBIT "A" MEMBER AGENCY FUNDING ALLOCATION Round II - BEYOND Core Jurisdiction Allocation Banning pm $ 62, 664.24 Calimesa $ 35,000.00 Canyon Lake $ 39,488.29 ' Corona $ 150,868.24 Eastvale $ 94,576.24 I Hemet $ 107,257.24 Jurupa Valley $ 120,837.49 J Lake Elsinore $ 92,959.24 Menifee $ 113,957.74 J Moreno Valley $ 161,049.24 Murrieta $ 129,101.74 Norco $ 58,135.54 $ 102,496.24 Riverside $ 190, 877.49 San Jacinto $ 82,009.54 ' Temecula $ 126,736.24 Wildomar $ 67,648.34 I County of Riverside $ 177,254.30 Eastern Municipal Water District $ Nom. 35,000.00 Western Municipal Water District $ 35,000.00 Riverside County Superintendent of Schools $ 35,000.00 , Morongo Band of Mission Indians Total BEYOND Core Allocation $ 35,000.00 $ 2,052,917.31 Exhibit A Page 11 of 21 20323.00005\24434070.4 $ 6,000.00 • PROJECT #: 17-25-16-08 Round II - BEYOND Team Lead Agency Project Allocation Perris HealthyCommunity50 $ 17,000.00 Riverside Western Riverside Homeless Collaborative $ 79,000.00 Temecula Regional Homeless Alliance (Southwest Cities) $ 79,000.00 Total $ 175,000.00 Round II - BEYOND Health Jurisdiction Allocation Banning 1 Calimesa $ 6,000.00 Corona I=116,000.00 Jurupa Valley $ 6,000.00 Lake Elsinore $ 6,000.00 Menifee $ 6,000.00 Moreno Valley MI= $ IMIL2,000.00 Murrieta $ 6,000.00 Norco $ 6,000.00 ' Perris $ 6,000.00 Riverside $ 3,750.00 San Jacinto $ 3,750.00 County of Riverside $ 3,750.00 Eastern Municipal Water District $ 3,750.00 Total BEYOND Core Allocation $ 75,000.00 Exhibit A Page 12 of 21 20323.00005\24434070.4 EXHIBIT "B" SCOPE OF WORK BUDGET: PROJECT #: 17-25-16-08 Cost Categories Maximum Hourlytasks) Rat Task 1 Task 2 Grand Total (All CallOSHA Building At Our Site Hours Amount Hours Amount Hours Amount Staff Time Expenses (examples below): Agency Project Manager $15.00 20.00 $300.00 20.00 $300.00 r 40.00 $600.00 Agency Staff $15.50 25.80 $399.90 25.80 $399.90 ® 51.60 $799.80 Add additional as needed $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 Subtotal - Direct Labor Classification(s): 45.80 $699.90 45.80 $699.90 91.60 $1,399.80 Overhead (must not exceed 25% of total amount Overhead 0.00% $0.00 $0.00 $0.00 Subtotal - Overhead: $0.00 $0.00 $0.00 Other Direct Costs (ODCs)(examples below): Travel $300.00 $300.00 $600.00 Printing $0.00 $0.00 $0.00 Social Media $0.00 $0.00 $0.00 Programming Activities $3,000.00 $2,000.00 $5,000.00 Project Materials $2,000.00 $3,000.00 $5,000.00 Subtotal - ODCs: $5,300.00 $5,300.00 $10,600.00 Consultant(s) Lead consultant 15.00 60.00 $900.00 60.00 $900.00 120.00 $0.00 Subconsultant 15.W 40.W $600.00 40.00 $600.00 80.00 $1,200.00 Subtotal-Subconsultant(s): 100.00 $1,500.00 100.00 $1,500.00 120.00 $3,000.00 GRAND TOTAL 145.80 $7,499.90 145.80 $7,499.90 211.60 $14,999.00 Exhibit B Page 13 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 SCOPE OF WORK: Youth Project Construct Scope of Work Task Description Deliverables Task 1: Kick Off Meeting 1.1 Kick off Meeting Kick off Meeting Minutes & Agenda 1.2 Organize Advisory Group Determine and elect Advisory Members Establish Team members Task 2: Promote Program 2.1 Program Promotion Outreach, recruitment & marketing Establish and promote program through marketing and community outreach. 2.2 Outreach to Schools Establish school contacts - promotion Contact Schools with information 2.3 Recritment of Volunteers & Partners Recruitment Process for volunteers and company backing Reach out to volunteers & partner companies 2.4 Press Release and Marketing Market program Send out Press Release on program Task 3: Curriculum Development 3.1 Ciriculum Development Site research, develop and organize program. Solicit students, contractors and advisors. Create curriculum and finalize project participants & volunteers. Locate and establish site 3.2 Site Research Research and locate site for project construct. Work with property owners and City for site selection 3.3 Solicit Students Reach out to schools for student participation student sign ups for program 3.4 Finalize Participants/Advisors & Volunteers Finalize and prepare for training Responsiblities of volunteers & advisors Task 4: Program Implementation 4.1 Program Implementation StaffNolunteer Training/Material Soliciation Training for volunteers/participant s and advisors. Solicit retailers for materials. 4.2 Staff/Advisor/Volunteer Training CPR/OSHA Training Required training completed 4.3 Finalize material purchasing & solicitation Purchasing Work with local vendors on purchasing supply list Task 5: Program Commencement 5.1 Program Commencement Establish start date 5.2 Groundbreaking Program begins Break ground on program & start live program. Exhibit B Page 14 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 TIMELINE: Exhibit B Page 15 of 21 20323.00005\24434070.4 Project Title Youth Project Construct Task Number Task Title 5/17 6/17 7/17 8/17 9/17 10/17 11/17 12/17 1/17 2/17 3/17 4/17 5/17 6/17 7/17 8/17 9/17 10/1711/17 1 Task 1: Kick Off Meeting 1.1 Kick off Meeting 1.2 Organize Advisory Group 2 Task 2: Promote Program 2.1 Program Promotion 2.2 Outreach to Schools 2.3 Recruitment of Volunteers and partners 2.4 Press Release and Marketing 3 Task 3: Curriculum Development 3.1 Curriculum Development 3.2 Site Research 3.3 Solicit Students ' 3.4 Finalize participants, advisors and volunteers 4 Task 4: Program Implementation 4.1 Program Implementation 42 Staff/Advisor & Volunteer Training 4.3 CPR/OSHA Training 4.4 Finalize material purchasing and solicitation 5 Task 5: Program Commencement 5.1 Program Commencement 5.2 Groundbreaking Exhibit B Page 15 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 EXHIBIT "C" ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED -1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED -2: Subregional Capacity Building: A diversified, robust, and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED -3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate from college, and who achieve technical degrees that are in demand in Western Riverside County. Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K-12 schools, colleges and universities, government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing, viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained, home-grown workforce to serve the healthcare needs of Western Riverside County. Goal H-3: Healthy Environment: Support efforts of local jurisdictions, business, and regional government to improve the health of our region's environment. Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation + Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for pedestrians, transit users, and bicyclists. Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Exhibit C Page 16 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on water efficiency issues for the benefit of member agencies, businesses, and residents. Energy / Environment Goal EE -1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GHG emissions. Goal EE -2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE -3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE -4: Environment Conservation and Enhancement: Support regional plans and programs to maintain or improve the quality of the natural environment. Goal EE -5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. Exhibit C Page 17 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 EXHIBIT "D" TEMPLATE INVOICE Member Agency Address City, State, Zip Code Invoice #: Date: Bill to: Western Riverside Council of Governments Attn: Ernie Reyna, Chief. Financial Officer Purpose of Invoice: Beyond Initiative Expenses: List cost categories and itemizations here: Total Invoice Amount: $ Make check out to: Contact Name: Title: Phone Number: Email Address: Exhibit D Page 18 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 Elements of Compensation EXHIBIT "E" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least once, after the completion of the Project, by no later than December 15, 2018, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred. The original invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and its attachment. 5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the invoice. Exhibit E Page 19 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 EXHIBIT "E-1" Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY's invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME] per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year Total Authorized Agreement Amount: Total Invoiced to Date: Total Previously Invoiced: Balance Remaining: Amount due this Invoice: $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. By: Name Title Exhibit E-1 Page 20 of 21 20323.00005\24434070.4 INTENTIONALLY LEFT BLANK Exhibit E-1 Page 1 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 PROJECT #: 17-25-16-06 BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT BEYOND CORE PROGRAM CATEGORY INDUSTRY SECTOR PROMOTIONS/SITE VISITS & SURVEYS THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 1 lth day of July, 2017, by and between the Western Riverside Council of Governments ("WRCOG"), a California joint powers authority and the City of Temecula ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the BEYOND Framework Fund Program, which encompasses the BEYOND Core, BEYOND Team, and BEYOND Health Program categories, an economic development and sustainability local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation ("BEYOND"). B. For Round II of BEYOND, which launched in Fiscal Year 2016/2017, WRCOG has allocated Two Million Three Hundred Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,302,917.31) for use by WRCOG member agencies through BEYOND ("Program Funds"). This funding includes Two Million Fifty Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,052,917.31) for BEYOND Core, One Hundred Seventy Five Thousand Dollars and No Cents ($175,000.00) for BEYOND Team, and Seventy Five Thousand Dollars and No Cents ($75,000.00) for BEYOND Health. Funding allocations for Round II to each member agency are listed in Exhibit "A" attached hereto and incorporated herein by reference. C. WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG's Economic Development and Sustainability Framework Goals; (2) to provide a match for grants and other funding opportunities consistent with WRCOG's Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects consistent with WRCOG's Economic Development and Sustainability Framework Goals. All projects funded by the BEYOND Health category must, at a minimum, be consistent with the Health Goal Area outlined in WRCOG's Economic Development and Sustainability Framework. D. WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG's Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. Page 1 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project. This Agreement is intended to distribute Program Funds to the AGENCY for Industry Sector Promotions/Site Visits & Surveys, (the "Project"). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Sustainability Framework Goals set forth in Exhibit "C" attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed Five Thousand Dollars and No Cents ($5,000.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round II, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG's Economic Development and Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. Page 2 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly. AGENCY may use the template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by reference. b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by reference. c. Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. 6. Increases in Project Funding. The Funding Amount may, in WRCOG's sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved by WRCOG's Executive Director. In no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round II exceed the maximum funding allocation for the AGENCY, as listed in Exhibit "A". No such increased funding shall be expended to pay for any Project already completed. Page 3 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8. [IF THE AGENCY INTENDS TO USE PROGRAM FUNDS AS MATCHING FUNDS FOR A GRANT OPPORTUNITY, THE AGENCY MUST INDICATE AN ALTERNATIVE USE OF THE PROGRAM FUNDS IN THE EVENT THE GRANT APPLICATION IS UNSUCCESSFUL. THIS PROVISION CAN CONTAIN THE FOLLOWING: "Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the following manner: N/A ("Alternative Project"). Prior to the use of Program Funds for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the Alternative Proj ect.] 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until December 15, 2018, (the project must be completed by November 15, 2018, unless approved as a multi-year project), unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Patrick Thomas, Director of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. Page 4 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 13. Termination. a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indemnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction Page 5 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and iii. Contain standard separation of insured provisions. Page 6 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG's Representative, provided that such approval shall be in the sole discretion of WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Page 7 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 24. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: City of Temecula Attn: Patrick Thomas, Director of Public Works/City Engineer 41000 Main Street Temecula, CA 92590 Telephone: (951) 506-5163 Email: patrick.thomastemeculaca.gov If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. Page 8 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 30. Integration; Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 34. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above -written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: Date: By: Date: Rick Bishop Maryann Edwards Executive Director Mayor Attest: Approved to Form: By: Date: Randi Johl By: Date: City Clerk Steven C. DeBaun General Counsel Approved to Form: By: Date: Peter M. Thorson City Attorney Page 10 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 EXHIBIT "A" MEMBER AGENCY FUNDING ALLOCATION Round II - BEYOND Core Jurisdiction Allocation Banning pm $ 62, 664.24 Calimesa $ 35,000.00 Canyon Lake $ 39,488.29 ' Corona $ 150,868.24 Eastvale $ 94,576.24 I Hemet $ 107,257.24 Jurupa Valley $ 120,837.49 J Lake Elsinore $ 92,959.24 Menifee $ 113,957.74 J Moreno Valley $ 161,049.24 Murrieta $ 129,101.74 Norco $ 58,135.54 $ 102,496.24 Riverside $ 190, 877.49 San Jacinto $ 82,009.54 ' Temecula $ 126,736.24 Wildomar $ 67,648.34 I County of Riverside $ 177,254.30 Eastern Municipal Water District $ Nom. 35,000.00 Western Municipal Water District $ 35,000.00 Riverside County Superintendent of Schools $ 35,000.00 , Morongo Band of Mission Indians Total BEYOND Core Allocation $ 35,000.00 $ 2,052,917.31 Exhibit A Page 11 of 21 20323.00005\24434070.4 $ 6,000.00 • PROJECT #: 17-25-16-06 Round II - BEYOND Team Lead Agency Project Allocation Perris HealthyCommunity50 $ 17,000.00 Riverside Western Riverside Homeless Collaborative $ 79,000.00 Temecula Regional Homeless Alliance (Southwest Cities) $ 79,000.00 Total $ 175,000.00 Round II - BEYOND Health Jurisdiction Allocation Banning 1 Calimesa $ 6,000.00 Corona I=116,000.00 Jurupa Valley $ 6,000.00 Lake Elsinore $ 6,000.00 Menifee $ 6,000.00 Moreno Valley MI= $ IMIL2,000.00 Murrieta $ 6,000.00 Norco $ 6,000.00 ' Perris $ 6,000.00 Riverside $ 3,750.00 San Jacinto $ 3,750.00 County of Riverside $ 3,750.00 Eastern Municipal Water District $ 3,750.00 Total BEYOND Core Allocation $ 75,000.00 Exhibit A Page 12 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 EXHIBIT "B" SCOPE OF WORK SCOPE OF WORK: U1 Task 5: Business Retention Visits/Surveys A Task 4: Retail Recuitment Brochure W Task 3: General Business Climate Brochure N Task 2: Tech Sector Brochure Task 1: Brewers Guild Meetings/Ale Trail Brochure Task Description Deliverables Scope of Work Industry Sector Promotions/Site Visits & Surveys Business Retention Visits/Surveys Retail Recruitment Brochure General Business Climate Brochure Tech Sector Brochure Brewers Guild Meetings/Ale Trail Brochure Conduct 120 visitations to local businesses in the craft brew, high tech, advanced manufacturing, and speciality retail sectors in order to understand their needs and gather information relevant for implementing business friendly policies and processes. Publishing relevant economic trends in the retail community in a brochure to attract speciality retail businesses to the area. Conduct research of local economic performance the production of a business climate brochure in order to a) bring awareness of city resources to existing businesses and b) promote business attraction. Highlighting Temecula's emerging technology sector and business/economic trends via the publication of material relevant to already existing businesses within the area in addition to information which may allure new tech businesses to Temecula. Quarterly meetings with the Brewers Guild and publication of a brewery tour brochure to promote business for Temecula Valley Breweries. Implemention of business friendly processes and policies Retail Recruitment Brochure General Business Climate Brochure Tech Sector Brochure Ale Trail Brochure Exhibit B Page 13 of 21 20323.00005\24434070.4 BUDGET: PROJECT #: 17-25-16-06 GRAND TOTAL Subtotal - Subconsultant(s): 1Subconsultant Consultants) Lead consultant Subtotal - ODCs: Programming Activities Project Materials Social Media Printing Travel Subtotal - Overhead: Other Direct Costs (ODCs)(exameles below): Overhead Subtotal - Direct Labor Classification(s): Overhead (must not exceed 25% of total amount funded): lAdd additional as needed Agency Staff (Intern/Fellow) Staff Time Expenses (examples below): Agency Project Manager Cost Categories 0 0o 0 0 o 0 OI a -CO Oc,O o 0 -CO 0 A o w' °t 3 m s 3 (0 O 0 O 0 00 0 0 (p O 0 O 0 coo 0 0 Craft Brew: Brewers Guild/Ale Trail brochure Hours Amount Task 1 O O O O 0 O O -CO O O -CO O O BD 0 01 O -CO O -CO N O (P O -CO O O -CO O N (P -CO O O 0 O O -CO O O -1.O (00 (T O 0 O O - (00 07 O 0 O O (o O O O 0 0 O 0 O (p O O O O co O O O Task 2 0 O O O d3 O O O -CO 0 O O -CO 0 O O iA CO 0 01 O -CO O -CO 0 0 N O (P O -CO 0 O O -CO O 0 N (P -CO 0 O O iA 0 O O -CO 0 O O *A (O (0 01 O EA 0 O O -CO - s. CO (O (P O E9 0 O O urology chure I Amount CD O O O 0 0 O O 0 O O (O O O O O O co O O O O O Task 3 fA O O 0 O O CO 0 O O -CO 0 O O 0 0 O O iA O 0 0 Ol O -CO A O 0 0 0 N O (P O 0 0 O O -CO A O O N (P 0 0 O O CO 0 O O 0 0 O O *AA (O (O Ol O 0 0 O O -CO - CO (O (P O 0 0 O O Business Brochure I Amount CD O O O 0 0 O 0 O (O O O O O co O O O Speciality Retail Recruitment Brochure Hours Amount Task 4 1 fA O O 0 O O 0 0 O O -CO 0 O O 0 0 O O CO 0 O 0 Ol O -CO A O 0 0 0 N O (P O 0 0 O O -CO A O O N (P 0 0 O O CO 0 O O 0 0 O O f_A (O (O in O 0 0 O O - CO (O (P O 0 0 O O CD O 0 O 0 O O O O O O (O O O 0 O O O0 O O O O Scheduling of Business Retention Visits Hours Amount Task 5 O 0 O O 0 O O 0 O O 0 O O EA 0 0 0l O 0) 0) W W 0 0 N N (P (P O 0 O O 0 O EA N 0 0 O O O O O O O fA (00 in O O O O 63 - (00 (P O O O O O O O O O O O O O O O O O O P O Task 6 iA 0 O EA 0 O EA O O EA O O 03 O O EA EA 00000 O O EA O EA O EA O EA O O EA O O 03 O O EA O O EA O O EA O O ;XX Amount CD O O O 0 O O O O CD ol O O O O OOi O O O Grand Total (All tasks) Hours Amount fA 01 O 0 0 O O 03 0 O O EA O O O EA O O O EA A O 0 N 01 O -co -s' -CO-S.-CO (O 0) 0 0 O N N (P (P EA O 0 O EA O) 0 0 O N 0 O 0 O EA O O O -co, O O O fA (0 (0 �1 in O EA O O O -CO CO CO v (P O EA O O O Q O r m m W 0 c) 0 0 0 0 3 0 coo' co N N co 0 Exhibit B Page 14 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 TIMELINE. (T CO (T N (T N A CO N N 7s CO N z � _a. Cr 0 N PROJECT TIMELINE Implementation of new policies/processes likely to be backloaded and extend beyond designated project .eriod Alteration of policies and processes from city to address concerns of local business conducted throughout 11 month .eriod 120 visits over 11 month period with the intention to survey needs of local businesses Publication of brochure I Business Retention Visits/Survey Retail Recruitment Brochure Retail specific research I 1 1 1 1 x I x I x 1 x 1 x 1 x 1 x 1 x 1 x 1 x 1 x I I I I Publication of brochure Conduct research of business climate and general economic trends in area Tech Sector brochure publication x General Business Climate Brochure Drafting of Tech Sector brochure Ale Trail Brochure publication x Tech Sector Brochure Drafting of Ale Trail brochure (Quarterly meeting Industry Sector Promotions/ Site Visits & Surveys 49ay-17 I Jun -47 I Jul47 I Au8-1.7 I Sep -17 I Oct -17 I Nov -17 I Dec -17 I Jan -18 I Feb -18 I Mar -18 I Apr -18 I May -18 I Jun -18 I Jul -18 I Aug -18 I Sep -18 I Oct -18 I Nov -18 s/Ale Trail Brochure N X f X X X X X f X X X fs fs fs fs fs fs fs fs fs x Os x x x Exhibit B Page 15 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 EXHIBIT "C" ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED -1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED -2: Subregional Capacity Building: A diversified, robust, and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED -3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate from college, and who achieve technical degrees that are in demand in Western Riverside County. Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K-12 schools, colleges and universities, government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing, viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained, home-grown workforce to serve the healthcare needs of Western Riverside County. Goal H-3: Healthy Environment: Support efforts of local jurisdictions, business, and regional government to improve the health of our region's environment. Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation + Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for pedestrians, transit users, and bicyclists. Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Exhibit C Page 16 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on water efficiency issues for the benefit of member agencies, businesses, and residents. Energy / Environment Goal EE -1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GHG emissions. Goal EE -2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE -3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE -4: Environment Conservation and Enhancement: Support regional plans and programs to maintain or improve the quality of the natural environment. Goal EE -5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. Exhibit C Page 17 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 EXHIBIT "D" TEMPLATE INVOICE Member Agency Address City, State, Zip Code Invoice #: Date: Bill to: Western Riverside Council of Governments Attn: Ernie Reyna, Chief. Financial Officer Purpose of Invoice: Beyond Initiative Expenses: List cost categories and itemizations here: Total Invoice Amount: $ Make check out to: Contact Name: Title: Phone Number: Email Address: Exhibit D Page 18 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 Elements of Compensation EXHIBIT "E" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least once, after the completion of the Project, by no later than December 15, 2018, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred. The original invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and its attachment. 5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the invoice. Exhibit E Page 19 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 EXHIBIT "E-1" Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY's invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME] per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year Total Authorized Agreement Amount: Total Invoiced to Date: Total Previously Invoiced: Balance Remaining: Amount due this Invoice: $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. By: Name Title Exhibit E-1 Page 20 of 21 20323.00005\24434070.4 INTENTIONALLY LEFT BLANK Exhibit E-1 Page 1 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-06 PROJECT #: 17-25-16-03 BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT BEYOND CORE PROGRAM CATEGORY EMERGENCY MANAGEMENT SUMMIT THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 1 lth day of July, 2017, by and between the Western Riverside Council of Governments ("WRCOG"), a California joint powers authority and the City of Temecula ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the BEYOND Framework Fund Program, which encompasses the BEYOND Core, BEYOND Team, and BEYOND Health Program categories, an economic development and sustainability local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation ("BEYOND"). B. For Round II of BEYOND, which launched in Fiscal Year 2016/2017, WRCOG has allocated Two Million Three Hundred Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,302,917.31) for use by WRCOG member agencies through BEYOND ("Program Funds"). This funding includes Two Million Fifty Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,052,917.31) for BEYOND Core, One Hundred Seventy Five Thousand Dollars and No Cents ($175,000.00) for BEYOND Team, and Seventy Five Thousand Dollars and No Cents ($75,000.00) for BEYOND Health. Funding allocations for Round II to each member agency are listed in Exhibit "A" attached hereto and incorporated herein by reference. C. WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG's Economic Development and Sustainability Framework Goals; (2) to provide a match for grants and other funding opportunities consistent with WRCOG's Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects consistent with WRCOG's Economic Development and Sustainability Framework Goals. All projects funded by the BEYOND Health category must, at a minimum, be consistent with the Health Goal Area outlined in WRCOG's Economic Development and Sustainability Framework. D. WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG's Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. Page 1 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-03 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project. This Agreement is intended to distribute Program Funds to the AGENCY for Emergency Management Summit, (the "Project"). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Sustainability Framework Goals set forth in Exhibit "C" attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed Five Thousand Dollars and No Cents ($5,000.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round II, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG's Economic Development and Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. Page 2 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-03 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly. AGENCY may use the template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by reference. b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by reference. c. Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. 6. Increases in Project Funding. The Funding Amount may, in WRCOG's sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved by WRCOG's Executive Director. In no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round II exceed the maximum funding allocation for the AGENCY, as listed in Exhibit "A". No such increased funding shall be expended to pay for any Project already completed. Page 3 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-03 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8. [IF THE AGENCY INTENDS TO USE PROGRAM FUNDS AS MATCHING FUNDS FOR A GRANT OPPORTUNITY, THE AGENCY MUST INDICATE AN ALTERNATIVE USE OF THE PROGRAM FUNDS IN THE EVENT THE GRANT APPLICATION IS UNSUCCESSFUL. THIS PROVISION CAN CONTAIN THE FOLLOWING: "Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the following manner: N/A ("Alternative Project"). Prior to the use of Program Funds for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the Alternative Proj ect.] 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until December 15, 2018, (the project must be completed by November 15, 2018, unless approved as a multi-year project), unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Patrick Thomas, Director of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. Page 4 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-03 13. Termination. a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indemnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction Page 5 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-03 activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and iii. Contain standard separation of insured provisions. Page 6 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-03 b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG's Representative, provided that such approval shall be in the sole discretion of WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Page 7 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-03 24. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: City of Temecula Attn: Patrick Thomas, Director of Public Works/City Engineer 41000 Main Street Temecula, CA 92590 Telephone: (951) 506-5163 Email: patrick.thomastemeculaca.gov If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. Page 8 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-03 30. Integration; Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 34. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-03 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above -written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: Date: By: Date: Rick Bishop Maryann Edwards Executive Director Mayor Attest: Approved to Form: By: Date: Randi Johl By: Date: City Clerk Steven C. DeBaun General Counsel Approved to Form: By: Date: Peter M. Thorson City Attorney Page 10 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-03 EXHIBIT "A" MEMBER AGENCY FUNDING ALLOCATION Round II - BEYOND Core Jurisdiction Allocation Banning pm $ 62, 664.24 Calimesa $ 35,000.00 Canyon Lake $ 39,488.29 ' Corona $ 150,868.24 Eastvale $ 94,576.24 I Hemet $ 107,257.24 Jurupa Valley $ 120,837.49 J Lake Elsinore $ 92,959.24 Menifee $ 113,957.74 J Moreno Valley $ 161,049.24 Murrieta $ 129,101.74 Norco $ 58,135.54 $ 102,496.24 Riverside $ 190, 877.49 San Jacinto $ 82,009.54 ' Temecula $ 126,736.24 Wildomar $ 67,648.34 I County of Riverside $ 177,254.30 Eastern Municipal Water District $ Nom. 35,000.00 Western Municipal Water District $ 35,000.00 Riverside County Superintendent of Schools $ 35,000.00 , Morongo Band of Mission Indians Total BEYOND Core Allocation $ 35,000.00 $ 2,052,917.31 Exhibit A Page 11 of 21 20323.00005\24434070.4 $ 6,000.00 • PROJECT #: 17-25-16-03 Round II - BEYOND Team Lead Agency Project Allocation Perris HealthyCommunity50 $ 17,000.00 Riverside Western Riverside Homeless Collaborative $ 79,000.00 Temecula Regional Homeless Alliance (Southwest Cities) $ 79,000.00 Total $ 175,000.00 Round II - BEYOND Health Jurisdiction Allocation Banning 1 Calimesa $ 6,000.00 Corona I=116,000.00 Jurupa Valley $ 6,000.00 Lake Elsinore $ 6,000.00 Menifee $ 6,000.00 Moreno Valley MI= $ IMIL2,000.00 Murrieta $ 6,000.00 Norco $ 6,000.00 ' Perris $ 6,000.00 Riverside $ 3,750.00 San Jacinto $ 3,750.00 County of Riverside $ 3,750.00 Eastern Municipal Water District $ 3,750.00 Total BEYOND Core Allocation $ 75,000.00 Exhibit A Page 12 of 21 20323.00005\24434070.4 EXHIBIT "B" SCOPE OF WORK TIMELINE: PROJECT #: 17-25-16-03 PROJECT TIMELINE Project Title Emergency Management Summit Task Number Task Title May -17 Jun -17 Jul -17 Aug -17 Sep -17 1 Task 1: Secure the Venues 1.1 Secure the Venues X 2 Task 2: Develop the Itinerary 2.1 Develop the Itinerary X 3 Task 3: Book the Speakers 3.1 Book the Speakers X 4 Task 4: Procure Items 4.1 Printing X 4.2 Media X 4.3 Programming Activities X 4.4 Program Materials X 5 Task 5: Deliver the Summit 5.1 Deliver the Summit X Exhibit B Page 13 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-03 SCOPE OF WORK: The Beyond Grant funds will be used to assist the City of Temecula's Emergency Management division to host a regional Emergency Management Summit. The goal of the summit is to bring together regional first responders, emergency managers, elected officials, businesses, and the general public to discuss issues related to emergency preparedness, homeland security, and all -hazards events such as earthquakes, floods, droughts, fires, terrorism, and hazardous waste incidents that affect our region. The format of the one -day summit will include a keynote speakers, panel discussions, lectures, exhibitions, and vendors. Overall, the summit will to improve the health, welfare, and safety of our region's environment should tragedy strike the region. Task Description Deliverables Task 1: Secure the Venues 1.1 Secure Venue Secure the date (one day) and venue for the Emergency Management Summit. Conceptually, the summit will take place utilizing City owned facilities in Old Town Temecula, including the City Hall (Main Venue), Mary Phillips Senior Center, Merc, and the Old Town Theater. The tentative event itinerary will include: 7:30 am to 8:30 am Registration, Vendor Expo, Continental Breakfast 8:30 am to 8:45 am Mayor's Opening Remarks (City Hall Council Chambers) 9:00 am to 9:45 am Session/Class (Various Venues) 10:00 am to 10:45 am Session/Class (Various Venues) 11:00 am to 11:45 am Session/Class (Various Venues) 12:00 am to 1:45 am Lunch (Panel Discussion) 2:00 pm to 2:45 pm Session/Class (Various Venues) 3:00 pm to 3:45 pm Session/Class (Various Venues) 4:00 pm to 4:30 am Mayor's Closing Remarks (City Hall Council Chambers) Secured Site Task 2: Develop the Itinerary 2.1 Develop the Itinerary Task 2 includes developing the itinerary for the Summit. The itinerary will tentatively include Sessions/classes such as: - The Role of Public Officials During an All -Hazards Event - Homelessness and Emergency Management - Business Continuity Before, During, and After an Emergency - The 2016 Pala and Rainbow Fire M5 Freeway Closure - Lessons Learned - Importance of Mutual Aid Agreements - Cyber Attacks - Are You Prepared - PIO During an All -Hazards Event - Effectively Using Social Media - The role of CERT in the Community - Are you ready for the Big One'? Respecting the 7.5 Magnatude Elsinore Fault Zone Complete Itinerary Task 3: Book the Speakers 3.1 Book the Speakers Task 3 includes booking the keynote speakers, panel discussion participants, and lecturers to lead the Emergency Management Summit sessions/classes. Secured Speakers Task 4: Procure Items 5.1 Procure Items Task 4 includes procuring the items that will make the Summit a success. This includes, but is not limited to, keynote speakers, panel discussion participants, lecturers, food, drinks, utensils, and media. Procured Incidentals Task 5: Deliver the Summit 6.1 Deliver the Summit The Final Task (5) includes delivering a successful one -day Emergency Management Summit. Summit Exhibit B Page 14 of 21 20323.00005\24434070.4 BUDGET: GRAND TOTAL • I. Subtotal - Subconsultant(s): 1Subconsultant Lead consultant o O 117 Subtotal - ODCs: Project Materials Programming Activities Social Media Printing -A 0R C) C) O N N 0 Ci N To', d 3 a N a cif Subtotal - Overhead: Overhead Subtotal - Direct Labor Classification(s): Overhead (must not exceed 25% of total amount funded): City Intern Agency Staff Agency Project Manager Staff Time Expenses (examples below): Cost Categories O O O O O O N O I O Efl c, 00 - 71 9) (p 2 In X x 2 O O O G O O O O O O A O O O O O O O O O O O 01.Zb Hours Amount Task 1 $1,654.39 fA 0 OOOOOOOOO -64-64 O O fA O -64-64 00000 -GA -GA -GA $215.79 $215.79 44 W CO OOO -, PPP -04N O O O O G G O O O O O O O O O O O O O O O O O O Task 2 VI M A �'0 O 0 H3 O 0 H3 O 0 EA O 0 H3 O 0 Efl O 0 Efl O 0 Efl O 0 Efl O 0 $215.79 $215.79 VI t W 8 1 $213.401 H3 O 0 ffl N N 0 1.Zb 1 Amount o O c 0 0 O 0 0 O 0 O 0 0 0 O 0 0 O 0 O Task 3 VI 01 A fA (O 44 O O O H3 O O 0 -64 O O O fA O O O -64-64 O 0 0 O 0 0 -GA O 0 O -GA O 0 O -GA O 0 O Al 01 J CD -GA - N -.I (O to A W CO C) O -GA N -, W A 0 P O O O f» N N N N O 1.Zb 1 Amount O O O G G O O O O O O O O O O O O O 01.Lb Hours Amount Task 4 VI (T W CO N A A VI O O O Efl PP 0 0 0 O O VI W V N W O (11 Efl O 0 0 D O 0 0 0) -,I N P O 01 0) W 0 0 O O 0 D O O 0 N I) (71 J CD 03 - N �I (O VI A W W O) O -GA N -, PPP A 0 0 0 O - N N N N O O O O G 8 O O O O O O O O O O O O O O O O O O 01.Zb Hours Amount Task 5 VI A O O 8 O OO O to W p p 3 v0- W OO OOOOO -GA O O O O $215.79 $215.79 to WA 8 y) W 80 O v3 N 0 N O O O O O O O O O N O G O O O O O P O Grand Total (All tasks) fA N 01 O O O O O fA N O O O O O O fA (T O O O O O VI O O O E 3 O O 0 -GA O O O fA O .J N CO O 01 ffl W O 0 O O 0 -GA 0 O O O O O O 1 $728.051 9) W O 0 O O 0 0) O O O $1,078.95 $1,078.95 fA V (O W O O 1 $1,067.001 0) O O 0 f O N O) O O Exhibit Exhibit B Page 15 of 21 20323.00005\24434070.4 Q -s- PROJECT #: 17-25-16-03 13Jaf18 W3113N11 PROJECT #: 17-25-16-03 EXHIBIT "C" ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED -1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED -2: Subregional Capacity Building: A diversified, robust, and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED -3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate from college, and who achieve technical degrees that are in demand in Western Riverside County. Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K-12 schools, colleges and universities, government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing, viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained, home-grown workforce to serve the healthcare needs of Western Riverside County. Goal H-3: Healthy Environment: Support efforts of local jurisdictions, business, and regional government to improve the health of our region's environment. Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation + Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for pedestrians, transit users, and bicyclists. Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Exhibit C Page 16 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-03 Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on water efficiency issues for the benefit of member agencies, businesses, and residents. Energy / Environment Goal EE -1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GHG emissions. Goal EE -2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE -3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE -4: Environment Conservation and Enhancement: Support regional plans and programs to maintain or improve the quality of the natural environment. Goal EE -5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. Exhibit C Page 17 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-03 EXHIBIT "D" TEMPLATE INVOICE Member Agency Address City, State, Zip Code Invoice #: Date: Bill to: Western Riverside Council of Governments Attn: Ernie Reyna, Chief. Financial Officer Purpose of Invoice: Beyond Initiative Expenses: List cost categories and itemizations here: Total Invoice Amount: $ Make check out to: Contact Name: Title: Phone Number: Email Address: Exhibit D Page 18 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-03 Elements of Compensation EXHIBIT "E" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least once, after the completion of the Project, by no later than December 15, 2018, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred. The original invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and its attachment. 5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the invoice. Exhibit E Page 19 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-03 EXHIBIT "E-1" Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY's invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME] per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year Total Authorized Agreement Amount: Total Invoiced to Date: Total Previously Invoiced: Balance Remaining: Amount due this Invoice: $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. By: Name Title Exhibit E-1 Page 20 of 21 20323.00005\24434070.4 INTENTIONALLY LEFT BLANK Exhibit E-1 Page 1 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-03 PROJECT #: 17-25-16-07 BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT BEYOND CORE PROGRAM CATEGORY GOVERNMENT LEADERSHIP PROGRAM FOR YOUTH THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 1 lth day of July, 2017, by and between the Western Riverside Council of Governments ("WRCOG"), a California joint powers authority and the City of Temecula ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the BEYOND Framework Fund Program, which encompasses the BEYOND Core, BEYOND Team, and BEYOND Health Program categories, an economic development and sustainability local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation ("BEYOND"). B. For Round II of BEYOND, which launched in Fiscal Year 2016/2017, WRCOG has allocated Two Million Three Hundred Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,302,917.31) for use by WRCOG member agencies through BEYOND ("Program Funds"). This funding includes Two Million Fifty Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,052,917.31) for BEYOND Core, One Hundred Seventy Five Thousand Dollars and No Cents ($175,000.00) for BEYOND Team, and Seventy Five Thousand Dollars and No Cents ($75,000.00) for BEYOND Health. Funding allocations for Round II to each member agency are listed in Exhibit "A" attached hereto and incorporated herein by reference. C. WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG's Economic Development and Sustainability Framework Goals; (2) to provide a match for grants and other funding opportunities consistent with WRCOG's Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects consistent with WRCOG's Economic Development and Sustainability Framework Goals. All projects funded by the BEYOND Health category must, at a minimum, be consistent with the Health Goal Area outlined in WRCOG's Economic Development and Sustainability Framework. D. WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG's Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. Page 1 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project. This Agreement is intended to distribute Program Funds to the AGENCY for Government Leadership Program for Youth, (the "Project"). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Sustainability Framework Goals set forth in Exhibit "C" attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed Ten Thousand Dollars and No Cents ($10,000.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round II, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG's Economic Development and Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. Page 2 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly. AGENCY may use the template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by reference. b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by reference. c. Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. 6. Increases in Project Funding. The Funding Amount may, in WRCOG's sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved by WRCOG's Executive Director. In no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round II exceed the maximum funding allocation for the AGENCY, as listed in Exhibit "A". No such increased funding shall be expended to pay for any Project already completed. Page 3 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8. [IF THE AGENCY INTENDS TO USE PROGRAM FUNDS AS MATCHING FUNDS FOR A GRANT OPPORTUNITY, THE AGENCY MUST INDICATE AN ALTERNATIVE USE OF THE PROGRAM FUNDS IN THE EVENT THE GRANT APPLICATION IS UNSUCCESSFUL. THIS PROVISION CAN CONTAIN THE FOLLOWING: "Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the following manner: N/A ("Alternative Project"). Prior to the use of Program Funds for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the Alternative Proj ect.] 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until December 15, 2018, (the project must be completed by November 15, 2018, unless approved as a multi-year project), unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Patrick Thomas, Director of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. Page 4 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 13. Termination. a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indemnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction Page 5 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and iii. Contain standard separation of insured provisions. Page 6 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG's Representative, provided that such approval shall be in the sole discretion of WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Page 7 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 24. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: City of Temecula Attn: Patrick Thomas, Director of Public Works/City Engineer 41000 Main Street Temecula, CA 92590 Telephone: (951) 506-5163 Email: patrick.thomastemeculaca.gov If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. Page 8 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 30. Integration; Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 34. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above -written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: Date: By: Date: Rick Bishop Maryann Edwards Executive Director Mayor Attest: Approved to Form: By: Date: Randi Johl By: Date: City Clerk Steven C. DeBaun General Counsel Approved to Form: By: Date: Peter M. Thorson City Attorney Page 10 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 EXHIBIT "A" MEMBER AGENCY FUNDING ALLOCATION Round II - BEYOND Core Jurisdiction Allocation Banning pm $ 62, 664.24 Calimesa $ 35,000.00 Canyon Lake $ 39,488.29 ' Corona $ 150,868.24 Eastvale $ 94,576.24 I Hemet $ 107,257.24 Jurupa Valley $ 120,837.49 J Lake Elsinore $ 92,959.24 Menifee $ 113,957.74 J Moreno Valley $ 161,049.24 Murrieta $ 129,101.74 Norco $ 58,135.54 $ 102,496.24 Riverside $ 190, 877.49 San Jacinto $ 82,009.54 ' Temecula $ 126,736.24 Wildomar $ 67,648.34 I County of Riverside $ 177,254.30 Eastern Municipal Water District $ Nom. 35,000.00 Western Municipal Water District $ 35,000.00 Riverside County Superintendent of Schools $ 35,000.00 , Morongo Band of Mission Indians Total BEYOND Core Allocation $ 35,000.00 $ 2,052,917.31 Exhibit A Page 11 of 21 20323.00005\24434070.4 $ 6,000.00 • PROJECT #: 17-25-16-07 Round II - BEYOND Team Lead Agency Project Allocation Perris HealthyCommunity50 $ 17,000.00 Riverside Western Riverside Homeless Collaborative $ 79,000.00 Temecula Regional Homeless Alliance (Southwest Cities) $ 79,000.00 Total $ 175,000.00 Round II - BEYOND Health Jurisdiction Allocation Banning 1 Calimesa $ 6,000.00 Corona I=116,000.00 Jurupa Valley $ 6,000.00 Lake Elsinore $ 6,000.00 Menifee $ 6,000.00 Moreno Valley MI= $ IMIL2,000.00 Murrieta $ 6,000.00 Norco $ 6,000.00 ' Perris $ 6,000.00 Riverside $ 3,750.00 San Jacinto $ 3,750.00 County of Riverside $ 3,750.00 Eastern Municipal Water District $ 3,750.00 Total BEYOND Core Allocation $ 75,000.00 Exhibit A Page 12 of 21 20323.00005\24434070.4 EXHIBIT "B" SCOPE OF WORK SCOPE OF WORK: Exhibit B Page 13 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 PROJECT #: 17-25-16-07 BUDGET: GRAND TOTAL Subtotal - Subconsultant(s): Subconsultant Lead consultant C) o m Subtotal - ODCs: Project Materials Programming Activities Social Media Printing -1 0 s O 0 0 0 y in O o 0k a_ a ea_ 0 Subtotal - Overhead: Overhead Subtotal - Direct Labor Classification(s): Overhead (must not exceed 25% of total amount funded): Add additional as needed Agency Staff Agency Project Manager Staff Time Expenses (examples below): Cost Categories 0 00 0 0 0 1 0 000 0 0 m o m c 3 o 0 O O o O 0 O O 0 O 0 O O O 0 O O 0 O O 0 O Purchase Program Equipment Hours Amount Task 1 C, o O o Hi O o E9 O 0 EA O 0 o o O 0 O 0 O 0 EA O 0 E9 O 0 EA O 0 E9 O 0 Hi O 0 E9 O 0 Hi O 0 E9 O 0 EA O 0 E9 O 0 O 0 O o O o O o O o O 0 O 0 O 0 Task 2 0 . o o o O 0 O 0 o 0 -e9 0 -e9 0 -e9 0 -e9 0 O 0 o 0 O 0 o 0 O 0 O 0 O 0 ;XX Amount O 0 O o O o O o O 00 O 0 O 0 O 0 Task 3 o 0 O o o O 00 O O O O 0 o O 00000 O O O O O O O O O O 0 o O 0 O O 0 o O 000 O O O O O O ;XX Amount O 0 O o O o O o O o O 0 O 0 O 0 XXX Hours Amount Task 4 0 o o 0 o o 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O O 0 O 0 o o o o O o O 0 O 0 O 0 XXX Hours Amount Task 5 -co o o EA o o 0 O 0 O 0 0 <A O 0 O 0 0 O 0 0 O 0 0 0 O 0 EA O 0 EA O 0 EA O 0 O • 0 EA O 0 E9 O 0 Q O 0 o 0 o o O o O o O o O 0 O 0 O 0 Task 6 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 ;XX Amount 0 0 O 0 o O o O o 0 o O O 0 O 0 O 0 Grand Total (All tasks) Hours Amount 1,07 0 o o . o 0 o o 0 0 O 0 0 O 0 1,07 0 o 0 O 0 en 0 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 Exhibit B Page 14 of 21 20323.00005\24434070.4 neane lABLI 2N11 C) g) a 3. 3 m —^m 3 m � m �' r Q m 2 ' N m Cr v - Q m m 00 0 3 3 o 0 0 S 3 0 (D 0 0 0 m m 0 0 0 0 TIMELINE: Exhibit B Page 15 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 W N Task Number PROJECT TIMELINE Implement Equipment Train Users Purchase Equipment Review Quotes Obtain Quotes Purchase Laptops/iPads/Related Equipment Task Title Project Title May -17 Jun -17 Jul -17 Aug -17 Sep -17 Oct -17 Nov -17 Dec -17 Jan -18 Feb -18 Mar -18 Apr -18 May -18 Government Leadership Program for Youth Exhibit B Page 15 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 PROJECT #: 17-25-16-07 EXHIBIT "C" ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED -1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED -2: Subregional Capacity Building: A diversified, robust, and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED -3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate from college, and who achieve technical degrees that are in demand in Western Riverside County. Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K-12 schools, colleges and universities, government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing, viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained, home-grown workforce to serve the healthcare needs of Western Riverside County. Goal H-3: Healthy Environment: Support efforts of local jurisdictions, business, and regional government to improve the health of our region's environment. Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation + Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for pedestrians, transit users, and bicyclists. Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Exhibit C Page 16 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on water efficiency issues for the benefit of member agencies, businesses, and residents. Energy / Environment Goal EE -1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GHG emissions. Goal EE -2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE -3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE -4: Environment Conservation and Enhancement: Support regional plans and programs to maintain or improve the quality of the natural environment. Goal EE -5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. Exhibit C Page 17 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 EXHIBIT "D" TEMPLATE INVOICE Member Agency Address City, State, Zip Code Invoice #: Date: Bill to: Western Riverside Council of Governments Attn: Ernie Reyna, Chief. Financial Officer Purpose of Invoice: Beyond Initiative Expenses: List cost categories and itemizations here: Total Invoice Amount: $ Make check out to: Contact Name: Title: Phone Number: Email Address: Exhibit D Page 18 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 Elements of Compensation EXHIBIT "E" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least once, after the completion of the Project, by no later than December 15, 2018, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred. The original invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and its attachment. 5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the invoice. Exhibit E Page 19 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 EXHIBIT "E-1" Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY's invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME] per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year Total Authorized Agreement Amount: Total Invoiced to Date: Total Previously Invoiced: Balance Remaining: Amount due this Invoice: $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. By: Name Title Exhibit E-1 Page 20 of 21 20323.00005\24434070.4 INTENTIONALLY LEFT BLANK Exhibit E-1 Page 1 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-07 PROJECT #: 17-25-16-08 BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT BEYOND CORE PROGRAM CATEGORY SIXTH STREET SIDEWALK IMPROVEMENTS THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 1 lth day of July, 2017, by and between the Western Riverside Council of Governments ("WRCOG"), a California joint powers authority and the City of Temecula ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the BEYOND Framework Fund Program, which encompasses the BEYOND Core, BEYOND Team, and BEYOND Health Program categories, an economic development and sustainability local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation ("BEYOND"). B. For Round II of BEYOND, which launched in Fiscal Year 2016/2017, WRCOG has allocated Two Million Three Hundred Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,302,917.31) for use by WRCOG member agencies through BEYOND ("Program Funds"). This funding includes Two Million Fifty Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,052,917.31) for BEYOND Core, One Hundred Seventy Five Thousand Dollars and No Cents ($175,000.00) for BEYOND Team, and Seventy Five Thousand Dollars and No Cents ($75,000.00) for BEYOND Health. Funding allocations for Round II to each member agency are listed in Exhibit "A" attached hereto and incorporated herein by reference. C. WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG's Economic Development and Sustainability Framework Goals; (2) to provide a match for grants and other funding opportunities consistent with WRCOG's Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects consistent with WRCOG's Economic Development and Sustainability Framework Goals. All projects funded by the BEYOND Health category must, at a minimum, be consistent with the Health Goal Area outlined in WRCOG's Economic Development and Sustainability Framework. D. WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG's Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. Page 1 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project. This Agreement is intended to distribute Program Funds to the AGENCY for Sixth Street Sidewalk Improvements, (the "Project"). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Sustainability Framework Goals set forth in Exhibit "C" attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed Forty One Thousand Seven Hundred Thirty Six Dollars and No Cents ($41,736.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round II, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG's Economic Development and Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. Page 2 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly. AGENCY may use the template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by reference. b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by reference. c. Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. 6. Increases in Project Funding. The Funding Amount may, in WRCOG's sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved by WRCOG's Executive Director. In no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round II exceed the maximum funding allocation for the AGENCY, as listed in Exhibit "A". No such increased funding shall be expended to pay for any Project already completed. Page 3 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8. [IF THE AGENCY INTENDS TO USE PROGRAM FUNDS AS MATCHING FUNDS FOR A GRANT OPPORTUNITY, THE AGENCY MUST INDICATE AN ALTERNATIVE USE OF THE PROGRAM FUNDS IN THE EVENT THE GRANT APPLICATION IS UNSUCCESSFUL. THIS PROVISION CAN CONTAIN THE FOLLOWING: "Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the following manner: N/A ("Alternative Project"). Prior to the use of Program Funds for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the Alternative Proj ect.] 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until December 15, 2018, (the project must be completed by November 15, 2018, unless approved as a multi-year project), unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Patrick Thomas, Director of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. Page 4 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 13. Termination. a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indemnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction Page 5 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and iii. Contain standard separation of insured provisions. Page 6 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG's Representative, provided that such approval shall be in the sole discretion of WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Page 7 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 24. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: City of Temecula Attn: Patrick Thomas, Director of Public Works/City Engineer 41000 Main Street Temecula, CA 92590 Telephone: (951) 506-5163 Email: patrick.thomastemeculaca.gov If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. Page 8 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 30. Integration; Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 34. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above -written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: Date: By: Date: Rick Bishop Maryann Edwards Executive Director Mayor Attest: Approved to Form: By: Date: Randi Johl By: Date: City Clerk Steven C. DeBaun General Counsel Approved to Form: By: Date: Peter M. Thorson City Attorney Page 10 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 EXHIBIT "A" MEMBER AGENCY FUNDING ALLOCATION Round II - BEYOND Core Jurisdiction Allocation Banning pm $ 62, 664.24 Calimesa $ 35,000.00 Canyon Lake $ 39,488.29 ' Corona $ 150,868.24 Eastvale $ 94,576.24 I Hemet $ 107,257.24 Jurupa Valley $ 120,837.49 J Lake Elsinore $ 92,959.24 Menifee $ 113,957.74 J Moreno Valley $ 161,049.24 Murrieta $ 129,101.74 Norco $ 58,135.54 $ 102,496.24 Riverside $ 190, 877.49 San Jacinto $ 82,009.54 ' Temecula $ 126,736.24 Wildomar $ 67,648.34 I County of Riverside $ 177,254.30 Eastern Municipal Water District $ Nom. 35,000.00 Western Municipal Water District $ 35,000.00 Riverside County Superintendent of Schools $ 35,000.00 , Morongo Band of Mission Indians Total BEYOND Core Allocation $ 35,000.00 $ 2,052,917.31 Exhibit A Page 11 of 21 20323.00005\24434070.4 $ 6,000.00 • PROJECT #: 17-25-16-08 Round II - BEYOND Team Lead Agency Project Allocation Perris HealthyCommunity50 $ 17,000.00 Riverside Western Riverside Homeless Collaborative $ 79,000.00 Temecula Regional Homeless Alliance (Southwest Cities) $ 79,000.00 Total $ 175,000.00 Round II - BEYOND Health Jurisdiction Allocation Banning 1 Calimesa $ 6,000.00 Corona I=116,000.00 Jurupa Valley $ 6,000.00 Lake Elsinore $ 6,000.00 Menifee $ 6,000.00 Moreno Valley MI= $ IMIL2,000.00 Murrieta $ 6,000.00 Norco $ 6,000.00 ' Perris $ 6,000.00 Riverside $ 3,750.00 San Jacinto $ 3,750.00 County of Riverside $ 3,750.00 Eastern Municipal Water District $ 3,750.00 Total BEYOND Core Allocation $ 75,000.00 Exhibit A Page 12 of 21 20323.00005\24434070.4 EXHIBIT "B" SCOPE OF WORK SCOPE OF WORK: Exhibit B Page 13 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 3.1 Project Close-out Final Billing, City Council Project Acceptance 100% Complete N 1.1 Design Initiate and complete design engineering plans 100% Plans Task 1: Task Description Deliverables Scope of Work Sixth Street Sidewalk Improvement Project -I Construction -I Bid, Award, Construct v! to W IV 100% Construction Complete Exhibit B Page 13 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 BUDGET: PROJECT #: 17-25-16-08 GRAND TOTAL Subtotal - Subconsultant(s): Design Consultant Construction Contractor Subtotal - ODCs: Consultant/Contractor(s) Project Materials Social Media Programming Activities Travel Printing Subtotal - Overhead: Other Direct Costs (ODCs)(exameles below): Overhead Subtotal - Direct Labor Classification(s): Overhead (must not exceed 25% of total amount funded) • Add additional as needed Agency Project Manager Agency Staff Cost Categories Staff Time Expenses (examples below): 0 0 00 00 o 0 EA o00 000 EA EA o AI 01 °t 3 m t. 3 0 0 0 0 o o o o 0 o O 0 O O 0 0 Hours Amount Design Task 1 EA m CD -1 O EA oo N W 0 EA EA N O W 0 0 EA O 0 EA O 0 EA EA O O 0 0 EA EA O O 0 0 EA O 0 EA O 0 EA p A O EA O 0 EA A O A 0 0 0 0 0 o O O 0 0 0 o O 0 O O 0 0 O 0 N Construction Task 2 -co N co CO A O -co 0 (T (T O O EA 0 co -co co O O O O O EA O O O EA O O O EA EA O O O O O O EA EA O O O O O O EA O O O -e9-ea O O O EA N A A O EA O O O EA N EA W O A O A O O n O C ..' O 0 O o O O 0 0 O CO O 0 O O 0 0 0 Z N Project Close out Task 3 -co N o O o -co O o EA EA O O 0 0 EA O 0 -co O 0 EA EA O O 0 0 EA EA O O 0 0 EA O 0 EA O 0 -co N o O 0 EA O 0 -co N o EA O O 0 0 K O 0 O o O O 0 0 O o O 0 O O 0 0 Hours Amount X X X Task 4 EA O o EA O o EA EA O O 0 0 EA O 0 EA 00000 0 EA EA 0 0 EA EA 0 0 EA O 0 EA O 0 EA O 0 EA O 0 EA EA O O 0 0 O 8 O o O O 0 0 O o O 0 O O 0 0 Hours Amount X X X Task 5 EA O o EA O o EA EA O O 0 0 EA O 0 EA O 0 EA EA O O 0 0 EA EA O O 0 0 EA O 0 EA O 0 EA O 0 EA O 0 EA EA O O 0 0 O 0 O o O O CD 0 0 0 O o O CD 0 O O CD 0 0 N X X Task 6 EAEA 0 o o o EA EA O O 0 0 EA o 0 EA O 0 EA EA O O 0 0 EA EA O O 0 0 EA o 0 EA O 0 EA o 0 EA O 0 EA EA O O 0 0 n 0 •' 0 0 0 0 o o 0 0 0 o O 0 O O 0 0 Hours Amount Grand Total (All tasks) $160,557.00 $41,736.00 $118,821.00 $130,378.00 EA 0 EA CD O N co N co co 0 0 EA O 0 EA 00000 0 EA EA 0 0 EA EA 0 0 EA O 0 EA O 0 EA CO -1 CO 0 EA O 0 EA N W O O -1 O (O 0 0 a 0 Exhibit B Page 14 of 21 20323.00005\24434070.4 TIMELINE: CO N W N N N N N _ -, Z _ rl g y a y CD PROJECT TIMELINE Project Close out Construction 0 Task Title Project Title N COO May -17 Jun -17 Jul -17 Aug -17 Sep -17 Oct -17 Nov -17 Dec -17 Jan -18 Feb -18 Mar -18 Apr -18 May -18 Jun -18 Jul -18 Aug -18 Sep -18 Oct -18 Nov -18 Sixth Street Sidewalk Improvement Project Exhibit B Page 15 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 PROJECT #: 17-25-16-08 EXHIBIT "C" ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED -1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED -2: Subregional Capacity Building: A diversified, robust, and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED -3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate from college, and who achieve technical degrees that are in demand in Western Riverside County. Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K-12 schools, colleges and universities, government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing, viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained, home-grown workforce to serve the healthcare needs of Western Riverside County. Goal H-3: Healthy Environment: Support efforts of local jurisdictions, business, and regional government to improve the health of our region's environment. Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation + Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for pedestrians, transit users, and bicyclists. Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Exhibit C Page 16 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on water efficiency issues for the benefit of member agencies, businesses, and residents. Energy / Environment Goal EE -1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GHG emissions. Goal EE -2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE -3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE -4: Environment Conservation and Enhancement: Support regional plans and programs to maintain or improve the quality of the natural environment. Goal EE -5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. Exhibit C Page 17 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 EXHIBIT "D" TEMPLATE INVOICE Member Agency Address City, State, Zip Code Invoice #: Date: Bill to: Western Riverside Council of Governments Attn: Ernie Reyna, Chief. Financial Officer Purpose of Invoice: Beyond Initiative Expenses: List cost categories and itemizations here: Total Invoice Amount: $ Make check out to: Contact Name: Title: Phone Number: Email Address: Exhibit D Page 18 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 Elements of Compensation EXHIBIT "E" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least once, after the completion of the Project, by no later than December 15, 2018, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred. The original invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and its attachment. 5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the invoice. Exhibit E Page 19 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 EXHIBIT "E-1" Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY's invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME] per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year Total Authorized Agreement Amount: Total Invoiced to Date: Total Previously Invoiced: Balance Remaining: Amount due this Invoice: $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. By: Name Title Exhibit E-1 Page 20 of 21 20323.00005\24434070.4 INTENTIONALLY LEFT BLANK Exhibit E-1 Page 1 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 PROJECT #: 17-25-16-08 BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT BEYOND TEAM PROGRAM CATEGORY REGIONAL HOMELESS ALLIANCE (SOUTHWEST CITIES) THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 1 lth day of July, 2017, by and between the Western Riverside Council of Governments ("WRCOG"), a California joint powers authority and the City of Temecula ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". AGENCY and WRCOG acknowledge that the following entities have applied for funding as co -applicants with AGENCY as identified on the approved project Application: the Cities of Lake Elsinore, Menifee, Murrieta, Wildomar, and Temecula, and Community Mission of Hope (together the "Participating Entities"). WRCOG acknowledges and agrees that AGENCY may utilize and administer funds received pursuant to this Agreement for the Project (defined below) to the benefit of the Participating Entities. AGENCY shall be the only entity authorized to receive funds pursuant to this Agreement and AGENCY hereby agrees that: (a) AGENCY shall be fully responsible for all obligations arising from or related to this Agreement, (b) AGENCY shall collect all data, information, or other evidence of compliance with the requirements hereunder from the Participating Entities for AGENCY to complete all reports and satisfy all other obligations required by this Agreement, and (c) AGENCY shall be fully responsible for the actions or inactions of the Participating Entities, or any of them, which arise from or relate to the Project or subject matter of this Agreement. RECITALS A. WRCOG is the Administrator of the BEYOND Framework Fund Program, which encompasses the BEYOND Core, BEYOND Team, and BEYOND Health Program categories, an economic development and sustainability local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation ("BEYOND"). B. For Round II of BEYOND, which launched in Fiscal Year 2016/2017, WRCOG has allocated Two Million Three Hundred Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,302,917.31) for use by WRCOG member agencies through BEYOND ("Program Funds"). This funding includes Two Million Fifty Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,052,917.31) for BEYOND Core, One Hundred Seventy Five Thousand Dollars and No Cents ($175,000.00) for BEYOND Team, and Seventy Five Thousand Dollars and No Cents ($75,000.00) for BEYOND Health. Funding allocations for Round II to each member agency are listed in Exhibit "A" attached hereto and incorporated herein by reference. C. WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG's Economic Development and Sustainability Framework Goals; (2) to provide a match for grants and other funding opportunities consistent with WRCOG's Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects Page 1 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 consistent with WRCOG's Economic Development and Sustainability Framework Goals. All projects funded by the BEYOND Health category must, at a minimum, be consistent with the Health Goal Area outlined in WRCOG's Economic Development and Sustainability Framework. D. WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG's Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project. This Agreement is intended to distribute Program Funds to the AGENCY for Regional Homeless Alliance (Southwest Cities), (the "Project"). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Sustainability Framework Goals set forth in Exhibit "C" attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed Seventy Nine Thousand Dollars and No Cents ($79,000.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round II, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG's Economic Development and Page 2 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly. AGENCY may use the template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by reference. b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by reference. c. Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall Page 3 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. 6. Increases in Project Funding. The Funding Amount may, in WRCOG's sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved by WRCOG's Executive Director. In no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round II exceed the maximum funding allocation for the AGENCY, as listed in Exhibit "A". No such increased funding shall be expended to pay for any Project already completed. 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8. [IF THE AGENCY INTENDS TO USE PROGRAM FUNDS AS MATCHING FUNDS FOR A GRANT OPPORTUNITY, THE AGENCY MUST INDICATE AN ALTERNATIVE USE OF THE PROGRAM FUNDS IN THE EVENT THE GRANT APPLICATION IS UNSUCCESSFUL. THIS PROVISION CAN CONTAIN THE FOLLOWING: "Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the following manner: N/A ("Alternative Project"). Prior to the use of Program Funds for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the Alternative Proj ect.] 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until December 15, 2018, (the project must be completed by November 15, 2018, unless approved as a multi-year project), unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Patrick Thomas, Director of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. Page 4 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 13. Termination. a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. Page 5 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indemnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: Page 6 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and iii. Contain standard separation of insured provisions. b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG's Representative, provided that such approval shall be in the sole discretion of WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, Page 7 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 24. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: City of Temecula Attn: Patrick Thomas, Director of Public Works/City Engineer 41000 Main Street Temecula, CA 92590 Telephone: (951) 506-5163 Email: patrick.thomas@,temeculaca.gov Page 8 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 30. Integration; Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 34. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above -written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: Date: By: Date: Rick Bishop Maryann Edwards Executive Director Mayor Attest: Approved to Form: By: Date: Randi Johl By: Date: City Clerk Steven C. DeBaun General Counsel Approved to Form: By: Date: Peter M. Thorson City Attorney Page 10 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 EXHIBIT "A" MEMBER AGENCY FUNDING ALLOCATION Round II - BEYOND Core Jurisdiction Allocation Banning pm $ 62, 664.24 Calimesa $ 35,000.00 Canyon Lake $ 39,488.29 ' Corona $ 150,868.24 Eastvale $ 94,576.24 I Hemet $ 107,257.24 Jurupa Valley $ 120,837.49 J Lake Elsinore $ 92,959.24 Menifee $ 113,957.74 J Moreno Valley $ 161,049.24 Murrieta $ 129,101.74 Norco $ 58,135.54 $ 102,496.24 Riverside $ 190, 877.49 San Jacinto $ 82,009.54 ' Temecula $ 126,736.24 Wildomar $ 67,648.34 I County of Riverside $ 177,254.30 Eastern Municipal Water District $ Nom. 35,000.00 Western Municipal Water District $ 35,000.00 Riverside County Superintendent of Schools $ 35,000.00 , Morongo Band of Mission Indians Total BEYOND Core Allocation $ 35,000.00 $ 2,052,917.31 Exhibit A Page 11 of 21 20323.00005\24434070.4 $ 6,000.00 • PROJECT #: 17-25-16-08 Round II - BEYOND Team Lead Agency Project Allocation Perris HealthyCommunity50 $ 17,000.00 Riverside Western Riverside Homeless Collaborative $ 79,000.00 Temecula Regional Homeless Alliance (Southwest Cities) $ 79,000.00 Total $ 175,000.00 Round II - BEYOND Health Jurisdiction Allocation Banning 1 Calimesa $ 6,000.00 Corona I=116,000.00 Jurupa Valley $ 6,000.00 Lake Elsinore $ 6,000.00 Menifee $ 6,000.00 Moreno Valley MI= $ IMIL2,000.00 Murrieta $ 6,000.00 Norco $ 6,000.00 ' Perris $ 6,000.00 Riverside $ 3,750.00 San Jacinto $ 3,750.00 County of Riverside $ 3,750.00 Eastern Municipal Water District $ 3,750.00 Total BEYOND Core Allocation $ 75,000.00 Exhibit A Page 12 of 21 20323.00005\24434070.4 EXHIBIT "B" SCOPE OF WORK SCOPE OF WORK: PROJECT #: 17-25-16-08 Regional Homeless Alliance (Southwest Cities) Scope of Work Task Description Deliverables Task 1: Community Asset Assessment 1.1 Community Asset Assessment (CAA) Implement CAA: Initial meeting w/ community x 5 cities, survey community, develop Community Roadmap CAA (including gap analysis and Community Roadmap) x 5 cities Task 2: Hire PT Homeless Outreach Coordinator 2.1 Homeless Outreach Coordinator Hire a part time individual to serve 5 city region as point of contact in the field for homeless individuals and families. In most cases, the Homeless Outreach Coordinator will be the primary first contact for homeless individuals and families. The Coordinator will also establish relationships with local public safety personnel, school officials and social service providers. Utilizing the CAA, the coordinator will direct the first steps of the services necessary to achieve sustainable housing. Hire employee Task 3: Hire PT Housing Navigator 3.1 Housing Navigator Hire a part time individual to serve 5 city region to inventory and locate housing, work with landlords and property managers, determine services and assets within region to provide services, and manage housing units. Additionally, the navigator will be responsible for developing a formal housing navigation process. Once established, this position will transition individuals and families from emergency sheltering, to rapid rehousing, to affordable housing. Hire employee Task 4: Emergency Housing Program 4.1 Emergency Housing Program Implement an emergency housing program to immediately serve individuals and families seeking shelter. Housing Navigator would coordinate units with hotels and property managers in each city. Full program implementation (3 families per night average) Task 5: Permenant Supportive and Rapid Rehousing Program 5.1 Rapid Rehousing Program Implement a program to house on average 5 families per night, including low barrier wrap- around and supportive services. Housing Navigator would work with apartments and property managers to manage five units on a regular, full time basis. Full program implementation (5 families per night average) Exhibit B Page 13 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 BUDGET: GRAND TOTAL Subtotal - Subconsultant(s): Lead consultant - Community Mission of Hope Subconsultant Subtotal - ODCs: Consultants) Project Materials Social Media Programming Activities Travel Printing Subtotal - Overhead: Other Direct Costs (ODCs)(examoles below): Overhead Subtotal - Direct Labor Classification(s): Overhead (must not exceed 25% of total amount funded): Add additional as needed Agency Project Manager Agency Staff Cost Categories Staff Time Expenses (examples below): 00 O O of 8 o00 O O O d �c• N 3 O 0 O 0 0 0 0 0 0 1 O 00 0 0 0 0 Hours Amount 0 $ Task 1 dede O o O 0 00 0 0 de 0 0 00000 0 0 0 0 0 de 0 0 0 0 de 0 0 000 0 0 0 O 0 O 0 00 O O O O O 0 000 O O O O O O 0 0f Hire PT Homeless Outreach Coordinator Task 2 1 iAiA to NN 00 A O O to NN 00 A O O $19,584.00 $0.00 to O O O -Go 0 O O -Go -Go 0 0 O O O O -Go -Go 0 0 O O O O to O O O -Go 0 O Cl to O O O -Go 0 O O -Go -Go 0 0 O O O O Amount O 0 O o O O O O O O O 0 O O O O O O O O O 0 N Hire PT Housing Navigator Task 3 iAiA 10 A O O 10 A O O $19,584.00 $0.00 O O O O O O O O O O O O O O O O O O O O O O O Cl O O O O O O O -Go O O O O Amount O 0 O o O O O O O 0 O O O O O O Hours Amount Housing Programs Task 4 $39,832.00 EA O O O -GO -GO 0 0 O O O O $39,832.00 -GO 0 O Cl $0.00 $39,832.00 -GO -GO 0 0 O O O Cl EA O O O -GO 0 O Cl EA O O O -GO 0 O O -GO -GO 0 O O O O O O 0 O o O O O O O O 0 O O O O O Hours Amount Rapid Rehousing Program Task 5 1 EA O O O EA O O O -GO -GO 0 0 O O O O EA O O O -GO 0 O O -GO -GO 0 0 O O O O -GO -GO 0 0 O O O O EA O O O -GO 0 O Cl EA O O O -GO 0 O O -GO -GO 0 0 O O O O O 0 O o O O O O O O 0 � O O 1 1 O O O Hours Amount Grand Total (All tasks) V 10 O O O O O W 10 O CO O O -GO -GO O O O O O O $39,832.00 -GO O O O $0.00 $39,832.00 1 -GO -GO O O O Cl O Cl EA O O O EA O O Cl EA O O O -GO O O O -GO -GO O O O O O O Exhibit B Page 14 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 TIMELINE: PROJECT TIMELINE Project Title REGIONAL HOMELESS ALLIANCE Task Number Task Title May -17 Jun -17 Jul -17 Aug -17 Sep -17 Oct -17 Nov -17 Dec -17 1 Community Asset Assessment 1.1 Initial community meeting Menifee begins Murrieta begins Temecul a begins Lake Elsinore beains Wildoma r Begins 1.2 Survey community Menifee Murrieta Temecul a Lake Elsinore Wildomar 1.3 Community Roadmap complete Menifee Murrieta Temecula Lake Elsinore Wildomar 2 Hire PT Homeless Outreach Coordinator 2.1 Post position X 2.2 Interview X 2.3 Select candidate X 2.4 Employee hired X 3 Hire PT Housing Navigator 3.1 Post position X 3.2 Interview X 3.3 Select candidate X 3.4 Employee hired X 3.5 Housing inventory conducted X ongoing 3.6 Develop a housing navigation process 4 Emergency Housing Program 4.1 Housing Navigator contacts hotels and property managers X 4.2 Program begins X 5 Rapid Rehousing Program 5.1 Housing Navigator contacts apartments and property managers to lease units X 5.2 Program begins X Exhibit B Page 15 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 EXHIBIT "C" ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED -1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED -2: Subregional Capacity Building: A diversified, robust, and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED -3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate from college, and who achieve technical degrees that are in demand in Western Riverside County. Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K-12 schools, colleges and universities, government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing, viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained, home-grown workforce to serve the healthcare needs of Western Riverside County. Goal H-3: Healthy Environment: Support efforts of local jurisdictions, business, and regional government to improve the health of our region's environment. Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation + Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for pedestrians, transit users, and bicyclists. Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Exhibit C Page 16 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on water efficiency issues for the benefit of member agencies, businesses, and residents. Energy / Environment Goal EE -1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GHG emissions. Goal EE -2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE -3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE -4: Environment Conservation and Enhancement: Support regional plans and programs to maintain or improve the quality of the natural environment. Goal EE -5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. Exhibit C Page 17 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 EXHIBIT "D" TEMPLATE INVOICE Member Agency Address City, State, Zip Code Invoice #: Date: Bill to: Western Riverside Council of Governments Attn: Ernie Reyna, Chief. Financial Officer Purpose of Invoice: Beyond Initiative Expenses: List cost categories and itemizations here: Total Invoice Amount: $ Make check out to: Contact Name: Title: Phone Number: Email Address: Exhibit D Page 18 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 Elements of Compensation EXHIBIT "E" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least once, after the completion of the Project, by no later than December 15, 2018, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred. The original invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and its attachment. 5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the invoice. Exhibit E Page 19 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 EXHIBIT "E-1" Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY's invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME] per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year Total Authorized Agreement Amount: Total Invoiced to Date: Total Previously Invoiced: Balance Remaining: Amount due this Invoice: $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. By: Name Title Exhibit E-1 Page 20 of 21 20323.00005\24434070.4 INTENTIONALLY LEFT BLANK Exhibit E-1 Page 1 of 21 20323.00005\24434070.4 PROJECT #: 17-25-16-08 PROJECT #: 17-25-26-01 BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT SOUTHWEST RIVERSIDE COUNTY CANCER CARE HEALTH NEEDS ASSESSMENT THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 1 lth day of July, 2017, by and between the Western Riverside Council of Governments ("WRCOG"), a California joint powers authority and the City of Temecula ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". AGENCY and WRCOG acknowledge that the following entities have applied separately for project funding under a single common Application: the Cities of Lake Elsinore, Menifee, Murrieta and Temecula, and the County of Riverside (together the "Participating Entities"). WRCOG acknowledges and agrees that AGENCY may utilize and administer all project funds awarded on behalf of the Participating Entities pursuant to this Agreement for the Project (defined below) to the benefit of the Participating Entities, provided that the Participating Entities each execute a separate Agreement authorizing said utilization and administration. AGENCY shall be the only entity authorized to receive funds pursuant to this Agreement and AGENCY hereby agrees that: (a) AGENCY shall be fully responsible for all obligations arising from or related to this Agreement, (b) AGENCY shall collect all data, information, or other evidence of compliance with the requirements hereunder from the Participating Entities for AGENCY to complete all reports and satisfy all other obligations required by this Agreement, and (c) AGENCY shall be fully responsible for the actions or inactions of the Participating Entities, or any of them, which arise from or relate to the Project or subject matter of this Agreement. RECITALS A. WRCOG is the Administrator of the BEYOND Framework Fund Program, which encompasses the BEYOND Core, BEYOND Team, and BEYOND Health Program categories, an economic development and sustainability local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation ("BEYOND"). B. For Round II of BEYOND, which launched in Fiscal Year 2016/2017, WRCOG has allocated Two Million Three Hundred Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,302,917.31) for use by WRCOG member agencies through BEYOND ("Program Funds"). This funding includes Two Million Fifty Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,052,917.31) for BEYOND Core, One Hundred Seventy Five Thousand Dollars and No Cents ($175,000.00) for BEYOND Team, and Seventy Five Thousand Dollars and No Cents ($75,000.00) for BEYOND Health. Funding allocations for Round II to each member agency are listed in Exhibit "A" attached hereto and incorporated herein by reference. Page 1 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 C. For Round I of BEYOND, which launched in Fiscal Year 2015/2016, WRCOG allocated One Million Eight Hundred Thousand Dollars ($1,800,000.00) for use by WRCOG member agencies through Program Funds. Of the total Round I allocation, Twenty Thousand Dollars ($20,000.00), allocated to the County of Riverside, but not previously disbursed, has been redirected to support to the Project (as defined below). D. WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG's Economic Development and Sustainability Framework Goals; (2) to provide a match for grants and other funding opportunities consistent with WRCOG's Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects consistent with WRCOG's Economic Development and Sustainability Framework Goals. All projects funded by the BEYOND Health category must, at a minimum, be consistent with the Health Goal Area outlined in WRCOG's Economic Development and Sustainability Framework. E. WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG's Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project. This Agreement is intended to distribute Program Funds to the AGENCY for Southwest Riverside County Cancer Care Health Needs Assessment, (the "Project"). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Sustainability Framework Goals set forth in Exhibit "C" attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed Sixty Two Thousand Dollars and Zero Cents ($62,000.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round II, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. Page 2 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG's Economic Development and Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly. AGENCY may use the template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by reference. b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the Page 3 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 AGENCY' s submittal of invoices to WRCOG and WRCOG' s consideration and payment of submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by reference. c. Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. 6. Increases in Project Funding. The Funding Amount may, in WRCOG's sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved by WRCOG's Executive Director. In no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round II exceed the maximum funding allocation for the AGENCY, as listed in Exhibit "A". No such increased funding shall be expended to pay for any Project already completed. 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8. [IF THE AGENCY INTENDS TO USE PROGRAM FUNDS AS MATCHING FUNDS FOR A GRANT OPPORTUNITY, THE AGENCY MUST INDICATE AN ALTERNATIVE USE OF THE PROGRAM FUNDS IN THE EVENT THE GRANT APPLICATION IS UNSUCCESSFUL. THIS PROVISION CAN CONTAIN THE FOLLOWING: "Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the following manner: N/A ("Alternative Project"). Prior to the use of Program Funds for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the Alternative Proj ect.] 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until December 15, 2018, (the project must be completed by November 15, 2018, unless approved as a multi-year project), unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Patrick Thomas, Page 4 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 Director of Public Works/City Engineer, or his or her designee, as the AGENCY' s representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 13. Termination. a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. Page 5 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indemnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. Page 6 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and iii. Contain standard separation of insured provisions. b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG's Representative, provided that such approval shall be in the sole discretion of WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. Page 7 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 24. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the Page 8 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: City of Temecula Attn: Patrick Thomas, Director of Public Works/City Engineer 41000 Main Street Temecula, CA 92590 Telephone: (951) 506-5163 Email: patrick.thomas@temeculaca.gov If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 30. Integration; Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The Page 9 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 34. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 10 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above -written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: Date: By: Date: Rick Bishop Maryann Edwards Executive Director Mayor Attest: Approved to Form: By: Date: Randi Johl By: Date: City Clerk Steven C. DeBaun General Counsel Approved to Form: By: Date: Peter M. Thorson City Attorney Page 11 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 EXHIBIT "A" MEMBER AGENCY FUNDING ALLOCATION Round II - BEYOND Core Jurisdiction Allocation Banning pm $ 62, 664.24 Calimesa $ 35,000.00 Canyon Lake $ 39,488.29 ' Corona $ 150,868.24 Eastvale $ 94,576.24 I Hemet $ 107,257.24 Jurupa Valley $ 120,837.49 J Lake Elsinore $ 92,959.24 Menifee $ 113,957.74 J Moreno Valley $ 161,049.24 Murrieta $ 129,101.74 Norco $ 58,135.54 $ 102,496.24 Riverside $ 190, 877.49 San Jacinto $ 82,009.54 ' Temecula $ 126,736.24 Wildomar $ 67,648.34 I County of Riverside $ 177,254.30 Eastern Municipal Water District $ Nom. 35,000.00 Western Municipal Water District $ 35,000.00 Riverside County Superintendent of Schools $ 35,000.00 , Morongo Band of Mission Indians Total BEYOND Core Allocation $ 35,000.00 $ 2,052,917.31 Exhibit A Page 12 of 22 20323.00005\24434070.4 $ 6,000.00 • PROJECT #: 17-25-26-01 Round II - BEYOND Team Lead Agency Project Allocation Perris HealthyCommunity50 $ 17,000.00 Riverside Western Riverside Homeless Collaborative $ 79,000.00 Temecula Regional Homeless Alliance (Southwest Cities) $ 79,000.00 Total $ 175,000.00 Round II - BEYOND Health Jurisdiction Allocation Banning 1 Calimesa $ 6,000.00 Corona I=116,000.00 Jurupa Valley $ 6,000.00 Lake Elsinore $ 6,000.00 Menifee $ 6,000.00 Moreno Valley MI= $ IMIL2,000.00 Murrieta $ 6,000.00 Norco $ 6,000.00 ' Perris $ 6,000.00 Riverside $ 3,750.00 San Jacinto $ 3,750.00 County of Riverside $ 3,750.00 Eastern Municipal Water District $ 3,750.00 Total BEYOND Core Allocation $ 75,000.00 Exhibit A Page 13 of 22 20323.00005\24434070.4 EXHIBIT "B" SCOPE OF WORK SCOPE OF WORK: PROJECT #: 17-25-26-01 Task Description Deliverables Task 1: Task Force Facilitator 1.1 Kick-off Meeting Facilitator to meet with Task Force and learn about what each member offers, where they fall on the continuum of cancer care and what they hope to accomplish with the Task Force's work. Meeting Minutes & Action Items 1.2 Communication Facilitaor will be responsible for communicating with outside entities 3 Press Releases 1.3 Meeting Management Facilitator will facilitate Task Force meetings Meeting Minutes & Action Items 1.4 Task Force Facilitator to engage Task Force when meetings are not in session Progress Updates 1.5 Lead Task Force Activities Facilitator to create a logic model to identify Task Force goals, activities to reach those goals and performance metrics Logic Model 1.6 Transition Plan Facilitator to work with Task Force to develop a logic model that will guide work in 2018 and beyond Plan Task 2: Community Needs Assessment 2.1 Kick-off Meeting The facilitator will meet with the Taskforce to define each of the stakeholders respective roles, capabilities, and avenues for communciation. The Task Force will discuss the proposed work, discuss any potential barriets, and establish background. Timeline for Project 2.2 Secondary Data Analysis Facilitator will compile availabel data and summarize the findings into useable, quantifiable statements that can be used to identify population Findings Report 2.3 Strategic Planning Meeting Facilitator will convene a strategic planning meeting with Taskforce to review secondary data and plan needs assessment Timline for Needs Assessment 2.4 Cancer Community Survey Facilitator to develop survey for those community members who have experienced cancer Survey Tool 400 completed surveys 2.5 Provider Survey Survey to asses healthcare provider perceptions Survey Tool 30 completed interview 2.6 Community Needs Assessment Analysis and Reporting Data from surveys will be analyzed and used to create an in-depth report. Final Report 2.7 Dissemination of Findings Overall findings to be shared with Task Force and key stakolders Approach for next steps Exhibit B Page 14 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 BUDGET: Cost Categories Maximum Hourly Rate Task 1 Task 2 Grand Total (All tasks) Task Force Facilitator Community Needs Assessment Hours Amount Hours Amount Hours Amount Staff Time Expenses (examples below): Murrieta Health $6,000.00 County of Riverside Round I BEYOND $20,000.00 Agency Project Manager $0.00 0.00 $0.00 0.00 $0.00' 0.00 $0.00 Agency Staff $0.00 0.00 $0.00 0.00 $0.00' 0.00 $0.00 Add additional as needed $0.00 0.00 $0.00 0.00 $0.00' 0.00 $0.00 Subtotal - Direct Labor Classification(s): 0.00 $0.00 0.00 $0.00 0.00 $0.00 Overhead (must not exceed 25% of total amount funded) • °ls Overhead 0.00% $0.00 $0.00 $0.00 Subtotal -Overhead: $0.00 $0.00 $0.00 Other Direct Costs (ODCsWexamples below): Travel $0.00 $0.00 $0.00 Printing $0.00 $0.00 $0.00 Social Media $0.00 $0.00 $0.00 Programming Activities $0.00 $0.00 $0.00 Project Materials $0.00 $0.00 $0.00 Subtotal - ODCs: $0.00 $0.00 J $0.00 Consultant(s) Lead consultant - Health Assessment and Research for Communities 0.00 0.00 $25,700.00 0.00 $56,000.00 0.00 $0.00 Subconsultant 0.00 0.00 $0.00 0.W $0.00 0.00 $0.00 Subconsultant(s) Costs 0.00 $25,700.00 0.00 $56,000.00 0.00 $81,700.00 (City Negotiated Subconsultant Reduction $4,200) -$4,200.00 Subconsultant Total $77,500.00 Total Cost Covered by WRCOG $62,000.00 In the event subconsultant/regional cancer task force costs exceed $77,500, Total Cost Covered by other Sources is up to $20,000 (IEHP pledge is $20,000) $15,500.00 GRAND TOTAL 0.00 $25,700.00 0.00 $56,000.00 0.00 $77,500.00 BEYOND Funding Distribution for Project Agency BEYOND Category Award Amount Lake Elsinore Core $10,000.00 Temecula Core $20,000.00 Menifee Health $6,000.00 Murrieta Health $6,000.00 County of Riverside Round I BEYOND $20,000.00 Exhibit B Page 15 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 TIMELINE: PROJECT TIMELINE Southwest Riverside County Cancer Care Health Needs Assessment Task Number Task Title May -17 Jun -17 Jul -17 Aug -17 Sep -17 Oct -17 Nov -17 1 1.1 Kick -Off Meeting 1.2 Communication Management Meeting Management 1.3 Task Force Engagement 1.4 Lead Task Force Activities 1.5 Transition Plan 2 2.1 Kick -Off Meeting 2.2 Secondary Data Analysis 2.3 Strategic Planning Meeting 2.4 Cancer Community Survey 2.5 Provider Survey 2.6 Community Needs Assessment Analysis and Reporting 2.7 Dissemination of Findings Exhibit B Page 16 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 EXHIBIT "C" ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED -1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED -2: Subregional Capacity Building: A diversified, robust, and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED -3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate from college, and who achieve technical degrees that are in demand in Western Riverside County. Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K-12 schools, colleges and universities, government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing, viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained, home-grown workforce to serve the healthcare needs of Western Riverside County. Goal H-3: Healthy Environment: Support efforts of local jurisdictions, business, and regional government to improve the health of our region's environment. Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation + Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for pedestrians, transit users, and bicyclists. Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Exhibit C Page 17 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on water efficiency issues for the benefit of member agencies, businesses, and residents. Energy / Environment Goal EE -1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GHG emissions. Goal EE -2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE -3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE -4: Environment Conservation and Enhancement: Support regional plans and programs to maintain or improve the quality of the natural environment. Goal EE -5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. Exhibit C Page 18 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 EXHIBIT "D" TEMPLATE INVOICE Member Agency Address City, State, Zip Code Invoice #: Date: Bill to: Western Riverside Council of Governments Attn: Ernie Reyna, Chief. Financial Officer Purpose of Invoice: Beyond Initiative Expenses: List cost categories and itemizations here: Total Invoice Amount: $ Make check out to: Contact Name: Title: Phone Number: Email Address: Exhibit D Page 19 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 Elements of Compensation EXHIBIT "E" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least once, after the completion of the Project, by no later than December 15, 2018, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred. The original invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and its attachment. 5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the invoice. Exhibit E Page 20 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 EXHIBIT "E-1" Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY's invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME] per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year Total Authorized Agreement Amount: Total Invoiced to Date: Total Previously Invoiced: Balance Remaining: Amount due this Invoice: $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. By: Name Title Exhibit E-1 Page 21 of 22 20323.00005\24434070.4 INTENTIONALLY LEFT BLANK Exhibit E-1 Page 22 of 22 20323.00005\24434070.4 PROJECT #: 17-25-26-01 TEMECULA COMMUNITY SERVICES DISTRICT CONSENT Item No. 11 ACTION MINUTES June 27, 2017 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District meeting convened at 7:31 PM CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero CSD PUBLIC COMMENTS (None) CSD CONSENT CALENDAR 16 Approve the Action Minutes of June 13, 2017 - Approved Staff Recommendation (5-0) Director Edwards made the motion; it was seconded by Director Stewart; and electronic vote reflected approval by Directors Edwards, Naggar, Rahn, Stewart and Comerchero. RECOMMENDATION: 16.1 That the Board of Directors approve the Action Minutes and Joint Meeting Action Minutes of June 13, 2017. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:33 PM, the Community Services District meeting was formally adjourned to Tuesday, July 11, 2017, 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: Randi Johl, Secretary [SEAL] CSD Action Minutes 062717 1 TEMECULA COMMUNITY SERVICES DISTRICT PUBLIC HEARING Item No. 12 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: July 11, 2017 SUBJECT: Approve Temecula Community Services District Proposed Rates and Charges for Fiscal Year 2017-18 PREPARED BY: Jennifer Hennessy, Finance Director RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 17- 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 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 2017-18 BACKGROUND: The Temecula Community Service District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula. The boundaries of the TCSD are coterminous with the City and the City Council serves as the Board of Directors of the TCSD. Property owners pay only for the TCSD services used or made available to their property through separate rates and charges on their property tax bill. The Community Services, Parks and Recreation and Service Level A Rates and Charges previously levied by the TCSD were replaced by the City's Parks/Lighting Services Special Tax, approved by the voters as Measure C on March 4, 1997. Although the TCSD continues to operate and maintain the parks and recreational facilities through a cooperative agreement with the City, the actual levy budget for the special tax is scheduled to be considered and approved by the city Council on July 25, 2017. As a result, the TCSD is currently comprised of the following four (4) remaining service levels: 1. Service Level B — Residential Street Lights. Operational, administrative, maintenance and utility costs of residential street lights within the TCSD maintenance system. 2. Service Level C - Perimeter Landscaping and Slope Maintenance. Operational, administrative, maintenance and utility costs for all perimeter landscaping and slope maintenance areas maintained by the TCSD. 3. Service Level D — Recycling and Refuse Collection. Operational and administrative costs of the recycling and refuse collection services for residential households. 4. Service Level R — Unpaved Road Maintenance. Operational, administrative, construction and maintenance costs for certain unpaved streets in the city. 1. Service Level B — Residential Street Lighting The TCSD Rates and Charges for Service Level B are not proposed to increase from last year's rates. The rate is capped at $25.68 per single family residential parcel. 2. Service Level C — Perimeter Landscaping and Slope Maintenance As a result of various property owner elections, there are two zones subject to an annual rate increase. The rate increase is the lesser of: (1) the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles - Riverside -Orange County Area, for the previous calendar year (2) 5% The Annual CPI change for 2016 was 1.89%. As a result, the following zones will see a slight increase in the rates for Fiscal Year 2017-18. Zone No. and Name 6 - Woodcrest County 29 - Gallery Portraits 16-17 Rate $ 105.56 $ 376.80 17-18 Rate Increase $107.56 $2.00 $383.92 $7.12 3. Service Level D — Residential Recycling and Refuse Service Per the Franchise Agreement with CR&R, the change in CPI and land -fill tipping fees determine the increase/decrease in the annual Service Level D rate and charge. An increase of $2.16 is proposed to the annual rate and charge for Service Level D from $269.60 to $271.76 per residential unit beginning Fiscal Year 2017-18. The increase is due to a CPI increase of 1.89% and a land -fill tipping fee increase of 1.97%, and a decrease of $6.32 to maintain fund balance in Fund 194. 4. Service Level R — Unpaved Street and Road Maintenance The TCSD rates and charges for Service Level R are not proposed to increase from their approved per parcel rate. The rate is capped at $115.26 per single family residential and $57.62 per vacant residential property. As per Proposition 218 all property owners are required to be noticed as to the rates and proposed charges that the TCSD will be assessing at least 45 days prior to the public hearing. Notices were mailed on May 26, 2017 calling for a July 11, 2017 public hearing. On May 23, 2017 the TCSD Board of Directors approved a Resolution of Intention that called for the public hearing to be held on July 11, 2017. The levy and collection of the TCSD Rates and Charges is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 21080 (b)(8) of the California Public Resources Code and Section 15273 of the State Guidelines because the rates and charges are necessary to maintain existing services within the TCSD. The total revenue for all service levels as written in the attached 2017-18 Engineer's Annual Levy Report is $10,376,917 which varies slightly from the Annual Operating Budget due to timing differences in the production of the two documents. The revisions did not result in any rate increases. FISCAL IMPACT: The $10,376,917 in revenue generated from the TCSD Rates and Charges will fund residential streetlights, perimeter landscaping; recycling and refuse collection services and emergency unpaved road maintenance in the City of Temecula. ATTACHMENTS: 1. Resolution — Service Levels B, C, D and R 2. Fiscal Year 2017-18 Final Engineer's Annual Levy Report RESOLUTION NO. CSD 17- 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 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 2017-18 THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction. Section 2. Pursuant to Government Code Section 61115, the TCSD has prescribed, revised and collected rates and charges for the services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes collected within the TCSD in the same manner prescribed by Government Code Section 61115. By previous resolution, the TCSD proposed to continue such rates and charges for the operation, maintenance, service and administration of residential street lighting, perimeter landscaping, recycling and refuse collection, and emergency unpaved road maintenance services for Fiscal Year 2017-18. Section 3. Pursuant to Government Code Section 61115, the TCSD caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2017-18. The Report is based upon a budget adopted by the Board of Directors for the proposed services for specific areas where such services are provided including necessary staff and administrative expenses. A summary of the Report containing the proposed rates and charges is attached hereto as Exhibit A, entitled "Project Summary", and incorporated herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available for public inspection. Section 4. By previous resolution, the Board of Directors acknowledged the filing of the Report, and appointed a time and place for a public hearing on the Report and the proposed rates and charges. Notice of the public hearing was mailed as required by law on May 26, 2017 calling for a public hearing on July 11, 2017. Notice was published as required by law and affidavits of publication and mailing are on file with the Secretary of the TCSD. Section 5. On May 23, 2017, the Board of Directors held a duly noticed public hearing at which public hearing, the Board of Directors heard and considered all oral and written objections, protests and comments by interested person concerning the Report, the proposed rates and charges, and the method of collection of such rates and charges. Section 6. The Board of Directors hereby finds that, based on the Report and the District budget, the rates and charges as set out on Exhibit "A" do not exceed the reasonable cost of the services to be provided by the TCSD for Fiscal Year 2017-2018. Section 7. The Board of Directors hereby overrules any and all objections and protests and adopts the rates and charges for residential street lighting, perimeter landscaping, recycling and refuse collection and emergency unpaved road maintenance services for Fiscal Year 2017-2018 as set out on Exhibit A. Section 8. The TCSD shall collect such rates and charges at the same time and in the same manner and by the same persons as, together with and not separately from, the property taxes collected within the TCSD. These rates and charges shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such property taxes. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charge is levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien or a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection. Section 9. If a property owner subject to these rates and charges questions the classification of the owner's property for Fiscal Year 2017-2018, or claims that an error has been made with respect to the implantation of the rates and charges or the application of the rates and charges to the owner's property for that fiscal year, such property owner must appeal the levy by filing an appeal with the Secretary of the TCSD before 5:00 p.m. on December 1, 2017, pursuant to procedures established by the TCSD, in order to be considered under the appeal of classification or correction of errors program. Section 10. If a property owner subject to these rates and charges believes that payment of the rates and charges for Fiscal Year 2017-2018 would create a hardship for that property owner during that fiscal year, such property owner must appeal the levy by filing a hardship appeal with the TCSD Secretary before 5:00 p.m. on December 1, 2017, pursuant to procedures established by the TCSD, in order to be considered under the hardship appeal program. Section 11. The TCSD Secretary is hereby ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California before August 10, 2017, the Report and the property tax roll with such rates and charges enumerated for each parcel not exempt there from; and the County Auditor is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of such rates and charges as shown on that roll and to perform any and all duties necessary therefore. Section 12. Pursuant to the California Environmental Quality Act, the levy and collection of these rates and charges is exempt from CEQA pursuant to California Public Resources Code Section 21080(b)(8) and Section 15273 of the State Guidelines because the rates and charges are necessary to maintain existing improvements within the TCSD. Section 13. The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 11th day of July, 2017. Jeff Comerchero, President ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 17- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 11th day of July, 2017, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT On January 28, 2014, Albert A. Webb Associates was retained by the City of Temecula to prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for Fiscal Year 2017-18. Pursuant to Government Code of the State of California, commencing with Section 61115, the TCSD has the power to levy and collect rates and charges in order to carry on its operations and to provide the services and facilities furnished by it. The levy and collection of the rates and charges is accomplished by the identification and description of each parcel within a specific Service Level. A Service Level is a defined area that provides a specific service, operation and maintenance and/or program to only those parcels contained within that service level boundary. The TCSD is currently composed of four (4) Service Levels, as described below: 1. Service Level B — Residential Street Lights. Operations, maintenance, utility costs and administration of all residential streetlights. 2. Service Level C - Perimeter Landscaping and Slope Maintenance. Operations, maintenance, utility costs, improvements, and administration for all perimeter landscaping and slope maintenance areas maintained by the TCSD. 3. Service Level D — Recycling and Refuse Collection. Operations and administration of the recycling and refuse collection program for single-family residential dwellings. 4. Service Level R — Unpaved Road Maintenance. Maintenance of unpaved streets and roads. The Financial Analysis contained herein contains each Service Level including their totals for Fiscal Year 2017-18 as follows: Service Level B Service Level C Service Level D Service Level R TOTAL TCSD BUDGET *Single Family Residential SERVICE LEVEL BUDGET Rate $984,711 $25.68/SFR* $1,466,219 Variable $7,916,137 $271.76 $9,850 Variable $10,376,917 The Levy and Collection amounts for all non-exempt parcels within the TCSD for the Fiscal Year 2017-18 are as shown on the Levy Roll on file with the City Clerk/District Secretary. WEBB ALBERT A. ASSOCIATES Final Engineer's Annual Levy Report Fiscal Year 2017-2018 Temecula Community Services District Service Levels B, C, R and Recycling & Refuse Collection Prepared for: 4 The Heart of Soluthern California Wine Country July 2017 VIM II Tub e www.webbassociates.com Table of Contents Sections Tables Section i. Engineer's Statement i Section 1. Description of Services 1 Section 2. Budgets and Levy Summary 2 Section 3. District Services and Charges 5 Section 4. Changes to the District 10 Section 5. Method of Apportionment 11 Section 6. Tax Roll 14 Table 2-1. Operating Budget Department Summary 3 Table 2-2. Year over Year Budget Comparison 4 Table 3-1. Service Level B 5 Table 3-2. Service Level C 6 Table 5-1. Parcel Charge Calculation Service Level B 11 Table 5-2. Parcel Charge Calculation Service Level C 12 Table 5-3. Parcel Charge Calculation Service Level R 13 Table 5-4. Parcel Charge Calculation Refuse/Recycling Collection 13 Appendices Appendix A. Tax Roll A-1 i. Engineer's Statement AGENCY: CITY OF TEMECULA PROJECT: TEMECULA COMMUNITY SERVICES DISTRICT TO: BOARD OF DIRECTORS CITY OF TEMECULA STATE OF CALIFORNIA REPORT PURSUANT TO GOVERNMENT CODE SECTION 61115 Pursuant to Government Code Section 61115, this Report is prepared and presented to the Board to prescribe Service Level B, Service Level C, Service Level R and Refuse/Recycling Collection rates and charges for the parcels and territories within the District. A Public Hearing is held each year before the Board to allow the public an opportunity to hear and be heard regarding the District. Following consideration of all public comments and written protests at the noticed Public Hearing, and review of the Report, the Board may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the Charges, the Board shall order the levy and collection of Charges for Fiscal Year 2017-2018. In such case, the levy information will be submitted to the Riverside County Auditor/Controller, and included as Charges on the property tax roll for the various services provided in Fiscal Year 2017-2018. SECTION 1 DESCRIPTION OF SERVICES of the areas covered and the services provided for the Fiscal Year. The description of services shows and describes the existing improvements, and is sufficient in showing and describing the general nature, location, and extent of the improvements. SECTION 2 A BUDGETS AND LEVY SUMMARY by Service Level of the improvements to be maintained and/or improved for the mentioned Fiscal Year. SECTION 3 A description of the DISTRICT SERVICES AND CHARGES by Service Level, describing the method used to apportion the District charges. SECTION 4 CHANGES TO THE DISTRICT contains details of changes that have occurred within the District since its inception that could affect the levy. SECTION 5 The METHOD OF APPORTIONMENT used to calculate the levy for each of the Service Levels. SECTION 6 The TAX ROLL information. Temecula Community Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer 's Annual Levy Report for Fiscal Year 2017-18 i. Engineer's Statement WHEREAS, upon incorporation of the City of Temecula (the "City"), effective December 1, 1989 voters approved the formation of the Temecula Community Services District (the "District") to provide specified services previously provided by the County of Riverside (the "County") to properties within its jurisdiction. The boundary of the District is coterminous with the City boundary and includes all parcels within the City with the City Council acting as the Board of Directors (the "Board") for the District. The District collects property -related fees and charges ("Charges") in order to provide services and maintain the improvements within the District. The District was formed, and Charges were set and established, pursuant to the Community Services District Law, Title 6, Division 3 of the California Government Code ("CSD Law"). WHEREAS, each fiscal year, an Engineer's Annual Levy Report (the "Report") is prepared, filed, and approved by the Board. This Report describes the District, any changes to the District, and the proposed Charges for the fiscal year. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Number or Assessor's Parcel Number by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessment Numbers and specific Fund Numbers to identify, on the tax roll, properties charged for District services. The Charges contained in the Report are based on the historical and estimated costs to service properties within the District. The services provided by the District and the corresponding costs are budgeted and charged as separate Service Levels and include all expenditures, deficits, surpluses, and revenues. Each parcel is charged for the services provided to the parcel. The District provides residential street lighting, perimeter landscaping and slope protection, and refuse collection in numerous residential developments as well as unpaved road improvement and maintenance within specified areas of the District. WHEREAS, Pursuant to Government Code Section 61115 the District has prescribed, revised, and collected rates and charges for residential street lighting ("Service Level B"), perimeter landscaping ("Service Level C"), unpaved road maintenance ("Service Level R"), and Refuse/Recycling Collection services furnished by the District, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Section 61115. Temecula Community Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer 's Annual Levy Report for Fiscal Year 2017-18 i. Engineer's Statement Now, THEREFORE, 1, the appointed ENGINEER, acting on behalf of the Temecula Community Services District, pursuant to the "CSD Law, do hereby submit the following: The District requested Albert A. Webb Associates, to prepare and file an Engineer's Levy Report for Temecula Community Services District (Levels B, C, R and Refuse/Recycling Collection) pursuant to the Government Code Section 61115, presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations, and servicing of the improvements for Service Levels B, C, R and Refuse/Recycling Collection, for the referenced Fiscal Year, an assessment of the estimated costs of the mairltenance, operations, and servicing the improvements, assessing the net amount upon all assessable Iots and/or parcels within each Service Level and Refuse/Recycling Collection in proportion to the special benefit received; This Report and the information contained herein reflect the proposed budget for each of the various services provided by the District and the rates and charges applicable to those services as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the Board of Directors of the Temecula Community Services District. L 7 �J�� � Executed this �-��' day of ~�lA t�.�^, 2017. ALBERT A. WEBB ASSOCIATES ATTHEW E. WEBB PROFESSIONAL CIVIL ENGINEER NO. 37385 ENGINEER OF WORK CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT STATE OF CALIFORNIA 5' v) 4,e, Final approval, confirmation and levy of the annual assessments and all matterin the Engineers Report were made on the day of 2017, by adoption of Resolution No. by the Board of Directors, CITY CLERK CITY OF TEMECULA STATE OF CALIFORNIA A copy of the Tax Roll and Engineer's Annual Levy Report were filed in the office of the City Clerkon the day of 'Zn17. CITY CLERK CITY OF TEMECULA STATE OF CALIFORNIA Temecula Community Services District (Service Level B, C, R andRefuse/Recycling Collection) Engineer 's Annual Levy Report for FiscalYear 2017-/8 1. Description of Services The boundary of the District is coterminous with the City boundary, and includes all parcels within the City. The District provides certain property related services and improvements consisting of four (4) separate and distinct services referred to as "Service Levels". Each parcel within the District is charged proportionately for only those services attributable to the parcel. Each Service Level has differing costs depending upon the services provided. All parcels identified within a Service Level share in the cost of the service. The costs associated with the service are spread among all properties within that Service Level to which the service is provided in accordance with the Method of Apportionment of the specific service level. Services and improvements provided throughout the District include residential street lighting, perimeter landscape maintenance and slope protection, unpaved road improvement construction and maintenance, and a refuse and recycling collection program. The Service Levels are identified as follows: Service Level B - Residential Street Lighting Services include the operation, maintenance, utility costs, and administration of residential streetlights. Service Level C - Perimeter Landscaping Services include the operation, maintenance, utility costs, improvements, and administration of all perimeter landscaping and slope maintenance areas maintained by the District. Service Level R - Unpaved Road Maintenance Services include the operation and administration of certain unpaved streets and roads maintained by the District. Refuse/Recycling Collection Services include the operation and administration of the refuse and recycling program for single-family dwellings. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer 's Annual Levy Report for Fiscal Year 2017-18 2. Budgets and Levy Summary The budgets for each Service Level are shown in Table 2-1. Each Service Level provides different and specific services and improvements to various parcels within the District. Only the parcels that the services and improvements are levied for are included in each of the Service Levels. The "Total Levy Units" and the resulting "Charge per Levy Unit" (shown in Table 2-2), reflect a method of apportionment that most fairly spreads the costs of the services to the parcels in that Service Level. The "Total Levy Units" for Service Levels B, C, and Refuse/Recycling Collection is based on a per parcel count. For Service Level R, levy units are based on a Parcel Development Unit ("PDU"), which is similar to a per parcel count but makes a distinction between developed and undeveloped parcels. For a more complete description of the methods used for calculating the "Total Levy Units" used for each Service Level, please refer to Section 5, Method of Apportionment. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer 's Annual Levy Report for Fiscal Year 2017-18 12 2. Budgets and Levy Summary Table 2-1 Operating Budget Department Summary for the Fiscal Year Ending June 30, 2018 Budget Item Acct Level B Level C Level D Level R Total No. 192 193 194 195 District PERSONNEL Services Subtotal Personnel Services OPERATIONS MAINTENANCE 5200'S Repair & Maintenance Facilities 5212 Office Supplies 5220 Printing 5222 Election Costs (Offset by Developer Deposits) 5225 Dues and Memberships 5226 Postage and Packaging 5230 Property Tax Administrative Fees 5231 Utilities 5240 Small Tools and Equipment 5242 Consulting Services 5248 Other Outside Services 5250 Public Notices 5256 Staff Training/Education 5261 Mileage 5262 Recognition Program 5265 Subtotal 5200's Waste Hauling 5315 Street Lighting 5319 Subtotal 5300's Emergency Road Maintenance 5402 Landscape Maintenance 5415 Landscape Rehabilitation 5416 Subtotal 5400's Recycling Programs Subtotal Capital Outlay Subtotal $17,211 $17,211 $0 $0 $0 $0 $0 $0 $12,500 $0 $0 $0 $0 $0 $0 $0 $0 $12,500 $0 $955,000 $955,000 $0 $0 $0 $o $0 $o $0 $o $72,578 $72,578 $62,965 $0 $0 $0 $0 $0 $11,058 $385,319 $515 $0 $0 $0 $0 $0 $0 $459,857 $0 $0 $0 $0 $712,669 $221,115 $933,784 $0 $o $0 $o $116,772 $116,772 $0 $0 $0 $0 $6,000 $0 $15,000 $0 $5,000 $0 $18,000 $15,000 $0 $100 $0 $59,100 $0 $o $0 $0 $0 $0 $0 $0 $160 $0 $0 $0 $0 $0 $0 $0 $0 $160 $206,561 $206,561 $62,965 $0 $0 $0 $6,000 $0 $38,718 $385,319 $5,515 $0 $18,000 $15,000 $0 $100 $0 $531,617 $7,690,027 $0 $7,690,027 $0 $0 $955,000 $7,690,027 $0 $8,645,027 $0 $9,690 $0 $0 $0 $0 $0 $9,690 $50,239 $50,239 $0 $o $0 $o $0 $o $9,690 $712,669 $221,115 $943,474 $50,239 $50,239 $0 $o TOTAL DIRECT DISTRICT COSTS $984,711 , $1,466,219 $7,916,137 $9,850 $10,376,917 EXPENDITURES/REVENUES Contingency Reserve $0 $0 $0 $0 $0 TOTAL EXPENDITURES / REVENUES $984,711 $1,466,219 $7,916,137 $9,850 $10,376,917 CONTRIBUTIONS Contributions from Grants Operation Income Other Contributions Fund Balance Collection/Contribution 4025 $0 $0 $0 $0 $0 $0 $0 $0 $360,251 $9,030 $20,200 $200 ($16,924) ($128,447) $214,913 $4,118 $0 $0 $389,681 $73,660 TOTAL COLLECTION/CONTRIBUTIONS Balance to Levy (Budgeted) $343,327 ($119,417) $235,113 $641,384 $1,585,636 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer 's Annual Levy Report for Fiscal Year 2017-18 $7,681,025 $4,318 $463,341 $5,532 $9,913,577 2. Budgets and Levy Summary The following Table provides levy information for the various Service Levels within the District, comparing the Budget for Fiscal Year 2017-2018 to the previous fiscal year. Table 2-2 Year over Year Budget Comparison FISCAL YEAR 2016-2017 ENROLLMENTS FISCAL YEAR 2017-2018 PROJECTIONS Fund District No. Parcels Street Lighting Total Levy Units Charge / Total Levy Unit Levy Parcels Total Levy Units % Change per Levy Unit Charge / Levy Unit Total Levy Service Level B - Residential Single -Family Residential 24,636 24,636 $25.68 $632,652.48 24,636 24,636 0.00% $25.68 $632,652.48 Condominium 680 340 $25.68 $8,731.20 680 340 0.00% $25.68 $8,731.20 68-2914 25,316 24,976 $641,383.68 25,316 24,976 $641,383.68 Service Level C - Perimeter Landscaping (1))4 Zone 1 68-2930 327 327 $116.00 $37,932.00 327 327 0.00% $116.00 $37,932.00 Zone 2 68-2931 478 478 $89.00 $42,542.00 478 478 0.00% $89.00 $42,542.00 Zone 3 68-2932 408 408 $116.00 $47,328.00 408 408 0.00% $116.00 $47,328.00 Zone 4 68-2933 139 139 $46.00 $6,394.00 139 139 0.00% $46.00 $6,394.00 Zone 5 68-2934 223 223 $175.00 $39,025.00 223 223 0.00% $175.00 $39,025.00 Zone 6 68-2935 229 229 $105.56 $24,173.24 229 229 1.89% $107.56 $24,631.24 Zone 7 68-2936 188 188 $89.00 $16,732.00 188 188 0.00% $89.00 $16,732.00 Zone 8 68-2937 783 783 $175.00 $137,025.00 783 783 0.00% $175.00 $137,025.00 Zone 9 68-2938 111 111 $46.00 $5,106.00 111 111 0.00% $46.00 $5,106.00 Zone 10 68-2939 84 84 $116.00 $9,744.00 84 84 0.00% $116.00 $9,744.00 Zone 11 68-2940 14 14 $175.00 $2,450.00 14 14 0.00% $175.00 $2,450.00 Zone 12 68-2941 831 831 $116.00 $96,396.00 831 831 0.00% $116.00 $96,396.00 Zone 13 68-2942 744 744 $46.00 $34,224.00 744 744 0.00% $46.00 $34,224.00 Zone 14 68-2943 166 166 $89.00 $14,774.00 166 166 0.00% $89.00 $14,774.00 Zone 15 68-2944 56 56 $175.00 $9,800.00 56 56 0.00% $175.00 $9,800.00 Zone 16 68-2945 216 216 $175.00 $37,800.00 216 216 0.00% $175.00 $37,800.00 Zone 17 68-2946 46 46 $46.00 $2,116.00 46 46 0.00% $46.00 $2,116.00 Zone 18 68-2947 1,343 1,343 $70.00 $94,010.00 1,343 1,343 0.00% $70.00 $94,010.00 Zone 19 68-2948 242 242 $225.00 $54,450.00 242 242 0.00% $225.00 $54,450.00 Zone 20 68-2949 1,017 1,017 $175.00 $177,975.00 1,017 1,017 0.00% $175.00 $177,975.00 Zone 21 68-2950 1,769 1,769 $129.00 $228,201.00 1,769 1,769 0.00% $129.00 $228,201.00 Zone 22 68-2951 38 38 $116.00 $4,408.00 38 38 0.00% $116.00 $4,408.00 Zone 23 68-2952 420 420 $20.00 $8,400.00 420 420 0.00% $20.00 $8,400.00 Zone 24 68-2953 1,621 1,621 $100.00 $162,100.00 1,621 1,621 0.00% $100.00 $162,100.00 Zone 25 68-2954 220 220 $200.00 $44,000.00 220 220 0.00% $200.00 $44,000.00 Zone 26 68-2955 8 8 $270.00 $2,160.00 8 8 0.00% $270.00 $2,160.00 Zone 27 68-2956 130 130 $70.00 $9,100.00 130 130 0.00% $70.00 $9,100.00 Zone 28 68-2957 1,806 1,806 $129.00 $232,974.00 1,806 1,806 0.00% $129.00 $232,974.00 Zone 29 68-2958 10 10 $376.80 $3,768.00 10 10 1.89% $383.92 $3,839.20 Zone 30 N/A 0 N/A N/A N/A 0 N/A N/A N/A N/A Zone 31 N/A 0 N/A N/A N/A 0 N/A N/A N/A N/A Zone 32 N/A 0 N/A N/A N/A 0 N/A N/A N/A N/A Total 13,667 13,667 $1,585,107.24 13,667 13,667 $1,585,636.44 Service Level R - Road Maintenance Rate Level 1 68-2917 55 48 $115.26 $5,532.34 55 48 0.00% $115.26 $5,532.48 Citywide Recycling/Refuse Collection 68-2916 I 28,099 28,099 $269.60 1 $7,575,490.40 I 28,264 28,264 0.80% $271.76 1 $7,681,024.64 (1) The maximum rate per Levy Unit, for Zones 6, 29, 31 and 32 will escalate by the lesser of 5% or the percentage increase in the Consumer Price Index ("CPI"). For Fiscal Year 2017-2018 the increase will be 1.89%, the percentage increase in the Annual CPI. (2)Zones 30, 31, & 32 will not be levied for Fiscal Year 2017-2018 as the project areas will be maintained by an HOA. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer 's Annual Levy Report for Fiscal Year 2017-18 3. District Services and Charges Service Level B, Residential Street Lighting Service Level B includes all developed single-family residential parcels, condominiums, and residential vacant lots for which the District provides ongoing servicing, operation, and maintenance of local street lighting improvements. The current rate and charges for Service Level B is $25.68 per residential lot ($12.84 per condominium unit within Specific Plans), and shall be applied to developed and undeveloped residential parcels within the following Tracts and subdivisions for Fiscal Year 2017-2018. Table 3-1 Service Level B Tracts 04153-00 19872-05 20882-01 21675-04 23063-03 23101-05 23267-02 24135-03 27827-01 29928-00 31053-03 04188-00 19939-00 20882-02 21675-05 23063-04 23101-06 23267-03 24136-00 27827-02 29928-01 31276-00 04457-00 19939-01 20882-03 21675-06 23063-05 23125-00 23267-04 24136-01 27827-03 29928-02 31344-00 06559-00 19939-02 20987-00 21760-00 23063-06 23125-01 23371-00 24136-02 28309-00 29928-03 31898-00 07401-00 20079-00 21067-00 21765-00 23063-07 23125-02 23371-01 24136-03 28480-00 29929-00 32104-00 07402-00 20079-01 21082-00 22148-00 23063-08 23125-03 23371-02 24182-01 28482-00 29929-01 32169-00 08369-00 20079-02 21082-01 22203-00 23064-00 23126-00 23371-03 24182-02 28482-01 30088-00 32170-00 08369-01 20079-03 21082-02 22204-00 23064-01 23128-00 23371-04 24182-03 28482-02 30264-00 32319-00 08369-02 20130-00 21082-03 22208-00 23064-02 23142-00 23371-05 24182-04 28482-03 30264-01 32436-00 11087-01 20130-01 21082-04 22593-00 23064-03 23143-00 23371-06 24183-00 28503-00 30264-02 32436-01 11087-02 20130-02 21340-00 22593-01 23065-00 23143-01 23371-07 24183-01 28510-00 30264-03 32437-00 12189-01 20130-03 21340-01 22593-02 23065-01 23143-02 23371-08 24184-00 28510-01 30264-04 32437-01 12189-02 20130-04 21340-02 22627-00 23065-03 23143-03 23371-09 24184-01 28510-02 30264-05 32437-02 12189-03 20130-05 21340-03 22627-01 23065-04 23143-04 23371-10 24185-00 28510-03 30264-06 32437-03 12189-04 20130-06 21340-04 22715-00 23065-05 23143-06 23371-11 24185-01 28526-00 30264-07 33124-00 12189-05 20153-00 21340-05 22715-01 23066-01 23143-07 23371-14 24185-02 28553-00 30264-08 33125-00 12189-06 20154-00 21340-06 22715-02 23066-02 23143-08 23483-00 24186-00 28553-01 30264-09 34698-00 12189-07 20319-00 21340-07 22716-00 23066-03 23143-09 24131-00 24186-01 28810-00 30264-10 Old Town 13060-01 20643-00 21430-01 22716-01 23066-04 23143-10 24131-01 24186-02 28980-00 30264-11 PM 24387 13060-02 20644-00 21561-00 22716-02 23066-05 23143-11 24131-02 24186-03 29033-00 30264-12 PM 26488 13060-03 20703-01 21672-01 22716-03 23067-02 23173-00 24131-03 24187-00 29036-00 30264-13 PM 27493 13060-04 20703-02 21672-02 22716-04 23067-03 23173-01 24132-00 24187-01 29133-00 30264-14 PM 28122 13060-05 20703-03 21672-03 22761-00 23067-04 23173-02 24132-01 24187-02 29203-00 30264-15 13060-06 20735-01 21672-04 22762-00 23067-05 23173-03 24133-00 24188-00 29286-00 30667-00 13060-07 20735-02 21673-00 22786-00 23100-01 23173-04 24133-01 24188-01 29734-00 30667-01 13060-08 20735-03 21673-01 22915-00 23100-02 23174-01 24133-02 24188-02 29798-00 30667-02 18518-00 20735-04 21673-02 22915-01 23100-03 23174-02 24133-03 24188-03 29798-01 30667-03 18518-01 20735-05 21673-03 22915-02 23100-04 23174-03 24133-04 24232-00 29798-02 30668-00 18518-02 20735-06 21674-00 22915-03 23100-05 23174-04 24133-05 25004-00 29798-03 30668-01 18518-03 20735-07 21674-01 22916-00 23100-06 23174-05 24134-00 25004-01 29798-04 30668-02 18583-00 20735-08 21674-02 22916-01 23100-07 23174-06 24134-01 25892-00 29798-05 30669-00 19872-00 20735-09 21674-03 22916-02 23100-08 23177-00 24134-02 26488-00 29798-06 30669-01 19872-01 20848-00 21675-00 22916-03 23101-01 23209-00 24134-03 26828-00 29798-07 30669-02 19872-02 20879-00 21675-01 22962-00 23101-02 23220-00 24135-00 26828-01 29798-08 31053-00 19872-03 20879-01 21675-02 23063-01 23101-03 23267-00 24135-01 26828-02 29798-09 31053-01 19872-04 20882-00 21675-03 23063-02 23101-04 23267-01 24135-02 27827-00 29798-10 31053-02 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer 's Annual Levy Report for Fiscal Year 2017-18 3. District Services and Charges Service Level C, Perimeter Landscaping Service level C includes all developed single family and condominium residential parcels and residential vacant lots for which the District provides on-going servicing, operation, and maintenance of perimeter landscaped areas and slopes within the public right-of-ways and dedicated easements adjacent to and associated with certain tracts and subdivisions. The level of maintenance required in these tracts and subdivisions varies depending on operating costs. Thirty-two (32) Zones with corresponding rates have been established within Service Level C. The current rate and charges for Service Level C is per residential lot and shall be applied to developed and undeveloped residential parcels within the following Tracts and subdivisions for Fiscal Year 2017-2018. Table 3-2 Service Level C Zone No. 1 Maximum Rate: $116.00 I Proposed Rate: $116.00 Tract Name: Tract Numbers: Saddlewood 18518-00 18518-01 18518-02 18518-03 Zone No. 2 Maximum Rate: $89.00 I Proposed Rate: $89.00 Tract Name: Tract Numbers: Winchester Creek 20130-00 20130-01 20130-02 20130-03 20130-04 20130-05 20130-06 21340-00 21340-01 21340-02 21340-03 21340-04 21340-05 21340-06 Zone No. 3 I Maximum Rate: $116.00 I Proposed Rate: $116.00 Tract Name: Tract Numbers: Rancho Highlands 20643-00 20644-00 21760-00 22203-00 22204-00 22761-00 22762-00 Zone No. 4 I Maximum Rate: $46.00 I Proposed Rate: $46.00 Tract Name: Tract Numbers: The Vineyards 20879-00 20879-01 Zone No. 5 I Maximum Rate: $175.00 I Proposed Rate: $175.00 Tract Name: Tract Numbers: Signet Series 20882-00 20882-01 20882-02 20882-03 Zone No. 6 (3) I Maximum Rate: $107.57 I Proposed Rate: $107.56 Tract Name: Tract Numbers: Woodcrest Country 21561-00 22208-00 (3) Beginning Fiscal Year 2009-2010, the base rate for Zone 6 was $95.00. Each year thereafter, beginning Fiscal Year 2010-2011 the maximum rate as approved by the property owners is annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles -Riverside -Orange County Area, for the previous calendar year or 5%. For Fiscal Year 2017-2018 the adjustment is 1.89%, the percentage increase in the CPI. Zone No. 7 I Maximum Rate: $89.00 I Proposed Rate: $89.00 Tract Name: Tract Numbers: Ridgeview 20735-07 20735-08 20735-09 20881-00 21764-00 Zone No. 8 Maximum Rate: $175.00 I Proposed Rate: $175.00 Tract Name: Tract Numbers: Village Grove 21672-01 21672-02 21672-03 21672-04 21673-00 21637-01 21637-02 21673-03 21674-00 21674-01 21674-02 21674-03 21675-00 21675-01 21675-02 21675-03 21675-04 21675-05 21675-06 Zone No. 9 I Maximum Rate: $46.00 I Proposed Rate: $46.00 Tract Name: Tract Numbers: Rancho Solana 22593-00 22593-01 22593-02 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer 's Annual Levy Report for Fiscal Year 2017-18 3. District Services and Charges Zone No. 10 Maximum Rate: $116.00 I Proposed Rate: $116.00 Tract Name: Tract Numbers: Martinique 23128-00 Zone No. 11 I Maximum Rate: $175.00 I Proposed Rate: $175.00 Tract Name: Tract Numbers: Meadow View 21675-00 Zone No. 12 Maximum Rate: $116.00 I Proposed Rate: $116.00 Tract Name: Tract Numbers: Vintage Hills 22715-00 22715-01 22715-02 22716-00 22716-01 22716-02 22716-03 22716-04 22915-00 22915-01 22915-02 22915-03 22916-00 22916-01 22916-02 22916-03 Zone No. 13 Maximum Rate: $46.00 I Proposed Rate: $46.00 Tract Name: Tract Numbers: Presley Development 23267-00 23267-01 23267-02 23267-03 23267-04 26861-00 26861-01 26861-02 26861-03 Zone No. 14 I Maximum Rate: $89.00 I Proposed Rate: $89.00 Tract Name: Tract Numbers: Morrison Homes 22148-00 Zone No. 15 I Maximum Rate: $175.00 I Proposed Rate: $175.00 Tract Name: Tract Numbers: Barclay Estates 25004-01 Zone No. 16 I Maximum Rate: $175.00 I Proposed Rate: $175.00 Tract Name: Tract Numbers: Tradewinds 23125-00 23125-01 23125-02 23125-03 Zone No. 17 I Maximum Rate: $46.00 I Proposed Rate: $46.00 Tract Name: Tract Numbers: Monte Vista 28309-00 Zone No. 18 Maximum Rate: $70.00 I Proposed Rate: $70.00 Tract Name: Tract Numbers: Temeku Hills 23371-00 23371-01 23371-02 23371-03 23771-04 23771-05 23371-06 23371-07 23371-08 23371-09 23371-10 23371-11 23371-14 28482-00 28482-01 28482-02 28482-03 28526-00 29033-00 Zone No. 19 I Maximum Rate: $225.00 I Proposed Rate: $225.00 Tract Name: Tract Numbers: Chantemar 28510-00 28510-01 28510-02 28510-03 Zone No. 20 Maximum Rate: $175.00 I Proposed Rate: $175.00 Tract Name: Tract Numbers: Crowne Hill 23143-00 23143-02 23413-03 23413-04 23413-01 23413-03 23413-04 23413-06 23413-07 23413-08 23413-09 23413-10 23413-11 Zone No. 21 Maximum Rate: $129.00 I Proposed Rate: $129.00 Tract Name: Tract Numbers: Vail Ranch Gated Community 28832-00 Vail Ranch Residential 23173-00 23173-01 23174-03 23174-04 23173-02 23174-05 23173-03 23174-06 23173-04 28480-00 23174-01 23174-02 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer 's Annual Levy Report for Fiscal Year 2017-18 17 3. District Services and Charges Zone No. 22 Maximum Rate: $116.00 I Proposed Rate: $116.00 Tract Name: Tract Numbers: Sutton Place 29286-00 Zone No. 23 I Maximum Rate: $20.00 I Proposed Rate: $20.00 Tract Name: Tract Numbers: Pheasant Run 19872 19872-01 19872-02 19872-03 19872-04 19872-05 Zone No. 24 Maximum Rate: $100.00 I Proposed Rate: $100.00 Tract Name: Tract Numbers: Harveston 29928 29928-01 29928-02 29928-03 29929 29929-01 30088 30667 30667-01 30667-02 30667-03 30668 30668-01 30668-02 30669 30669-01 30669-02 31053 31053-01 31053-02 31053-03 32436 32436-01 32437 32437-01 32437-02 32437-03 34698 Harveston Ashville I 31276 Harveston Ashville 11 32104 Harveston Condos 32169 32170 Zone No. 25 I Maximum Rate: $200.00 I Proposed Rate: $200.00 Tract Name: Tract Numbers: Serena Hills 23209 Zone No. 26 I Maximum Rate: $270.00 I Proposed Rate: $270.00 Tract Name: Tract Numbers: Traditions/Gallery Homes 29133 Zone No. 27 I Maximum Rate: $70.00 I Proposed Rate: $70.00 Tract Name: Tract Numbers: Avondale 26828 26828-01 26828-02 Zone No. 28 Maximum Rate: $129.00 I Proposed Rate: $129.00 Tract Name: Tract Numbers: Wolf Creek 29798 29798-01 29798-02 29798-03 29798-04 29798-05 29798-06 29798-07 29798-08 29798-09 30264 30264-01 30264-02 30264-03 30264-04 30264-05 30264-06 30264-07 30264-08 30264-09 30264-10 30264-11 30264-12 30264-13 30264-14 30264-15 31898 33125 32319 33124 Zone No. 29 (4) I Maximum Rate: $383.92 I Proposed Rate: $383.92 Tract Name: Tract Numbers: Gallery Portraits 31344-00 (4) Beginning Fiscal Year 2006-2007, the base rate for Zone 29 was $315.00. Each year thereafter, beginning Fiscal Year 2007-2008 for Zone 29 the maximum rate as approved by the property owners is annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles -Riverside -Orange County Area, for the previous calendar year, or 5%. For Fiscal Year 2017-2018 the adjustment is 1.89%, the percentage increase in the CPI. Zone No. 30 (5)(6) I Maximum Rate: $129.00 I Proposed Rate: $129.00 Tract Name: Tract Numbers: Valdemosa 25004 (5) The maximum rate for Zone 30 is $129.00, but will not be levied for Fiscal Year 2017-2018. (6) Beginning Fiscal Year 2010-2011, Zone 30 elected to maintain its ownperimeter landscaping under the existingHomeowner's Association 'HOA" As a result g g P� g ("HOA"). the Zone will not be levied under Service Level C for Fiscal Year 2017-2018. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer 's Annual Levy Report for Fiscal Year 2017-18 18 3. District Services and Charges Zone No. 31 (7)(8) Maximum Rate: $31.68 I Proposed Rate: $31.68 Tract Name: Tract Numbers: Roripaugh Ranch TBD (7) (8) Beginning Fiscal Year 2006-2007, the base rate for Zone 31 was $26.00. Each year thereafter, beginning Fiscal Year 2007-2008 for Zone 31, the maximum rate as approved by the property owners is annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles -Riverside -Orange County Area, for the previous calendar year, or 5%. For Fiscal Year 2017-2018 the adjustment is 1.89%, the percentage increase in the CPI. The maximum rate for Zone 31 is $31.68, but will not be levied for Fiscal Year 2017-2018. Zone 31 elected to have its perimeter landscaping maintained by a Homeowner's Association ("HOA"). As a result the Zone will not be levied under Service Level C for Fiscal Year 2017-2018. Zone No. 32 (9)(10) I Maximum Rate: $724.68 I Proposed Rate: $724.68 Tract Name: Tract Numbers: Vineyard View 23103-2 (9) Beginning Fiscal Year 2008-2009, the base rate for Zone 32 was $640.00. Each year thereafter, beginning Fiscal Year 2009-2010 for Zone 32, the maximum rates as approved by the property owners are annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles -Riverside -Orange County Area, for the previous calendar year, or 5%. For Fiscal Year 2017-2018 the adjustment is 1.89%, the percentage increase in the CPI. (10) The maximum rate for Zone 32 is $724.68, but will not be levied for Fiscal Year 2017-2018. Zone 32 elected to have its perimeter landscaping maintained by a Homeowner's Association ("HOA"). As a result the Zone will not be levied under Service Level C for Fiscal Year 2017-2018. Service Level R, Road Maintenance Service Level R provides funding for construction, improvement, service, and maintenance of unpaved public streets and roads within specific areas of the District. The services provided may include, but are not limited to, renovation or restoration due to damage, flood and drainage control, repairs and re -grading, and upgrades of the existing areas as required for unpaved roads. All parcels identified within Service Level R share in the cost of the services provided. The costs associated with the services are spread among all parcels within various areas ("rate levels") of Service Level R in accordance with the Rate and Method of Apportionment for the service level. Service Level R currently has one (1) active rate level, Rate Level R-1. The area for Rate Level R-2 has been fully paved and therefore an assessment is currently not required. Only the parcels within Rate Level R-1 boundary area will be charged for the costs associated with servicing and maintaining the roads and streets in the area. • RATE LEVEL R-1 — This rate level consists of fifty-five (55) assessable parcels that have direct access to roads or streets that are serviced and maintained through the District. This rate level provides funding for the servicing and maintenance of Kimberly Lane, Greenwood Lane, Liefer Road, Gatlin Road, and Pala Vista. A total of 1.546 miles of roads are serviced and maintained in this area. The current maximum rates and charges in R-1 are $115.26 per single- family residential lot and $57.62 per vacant residential lot, and shall be applied at the maximum rates for developed and undeveloped residential parcels within R-1 for Fiscal Year 2017-2018. • RATE LEVEL R-2 — This rate level consists of forty (40) assessable parcels that have direct access to Santiago Road. This area has been fully paved and no longer requires service under this District. Refuse/Recycling Collection The Refuse/Recycling Collection Service Level provides for the operation and administration of the refuse collection program, including recycling services for all developed residential homes (or "Households") within the District. The rate and charge for Fiscal Year 2017-2018 Refuse/Recycling Collection is $271.76 per Household and will be applied to all parcels that have been identified as developed residential homes. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer 's Annual Levy Report for Fiscal Year 2017-18 4. Changes to the District Changes or modifications to the District structure, if any, could include but are not limited to, changes or expansion in the existing improvements or in the types of services provided, addition of new services or Service Levels, restructuring of the current Service Levels, inclusion of parcels into the District or Service Levels, or revisions to the method of apportionment. Changes or modifications within the District that may affect the levy are outlined in the following. Notable Previous Modifications to the District Two Service Levels Replaced with a Special Tax On March 4, 1997, the voters of Temecula approved a Special Tax to fund citywide community services. This Special Tax replaced two existing Service Levels, previously charged through the Community Services District. Beginning in Fiscal Year 1997-1998 the below two Service Levels were replaced by the Special Tax and are no longer charged through the District. • COMMUNITY SERVICES, PARKS, AND RECREATION — This service level provided for the maintenance, service, and operation of all public parks and recreation services within the City. • SERVICE LEVEL A, ARTERIAL STREET LIGHTING AND MEDIANS — This service level provided servicing, operation, and maintenance of traffic signals, street lighting, and landscaped medians along arterial streets. Service Level R As of Fiscal Year 2008-2009, the streets have been fully paved and there is no longer a need to assess for unpaved road maintenance (Rate level R-2). Proposed Modifications to the District for Fiscal Year 2017-2018 The most notable modification to the District for Fiscal Year 2017-2018 is related to the addition of improvements and expansion of existing services as a result of new development. When a new residential tract is developed, the District accepts additional improvements for maintenance and servicing. Along with acceptance of the improvements, the parcels within those tracts are included in the appropriate Service Levels. The improvements and services for Service Levels B and C are typically tract or development specific and therefore, all parcels within a tract or development are included in these two Service Levels when the District accepts the improvements. Additionally, individual residential parcels are included in the Refuse/Recycling Collection when a new single-family residential unit is identified and service is ordered. Service Level B There were no additional inclusions or modifications to Service Level B for Fiscal Year 2017-2018. Service Level C There are no new inclusions to Service Level C (Perimeter Landscaping) proposed for the Fiscal Year 2017-2018. Service Level R There are no new inclusions to Service Level R (Road Maintenance), proposed for Fiscal Year 2017-2018. Refuse/Recycling Collection A total of approximately 165 newly developed residential parcels have been identified and added to Refuse/Recycling Collection for Fiscal Year 2017-2018. These new residential parcels are identified each year and included in Refuse/Recycling Collection based upon the waste hauler's updated service records. The rate for Fiscal Year 2017-2018 for Refuse/Recycling Collection is $271.76 per residential parcel. For Fiscal Year 2016- 2017, the rate for this service was $269.60. For more information, please refer to Section 2, Budgets and Levy Summary. The costs for the District represent actual service costs, as provided in the City's Franchise Agreement with CR&R Waste Services. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer 's Annual Levy Report for Fiscal Year 2017-18 10 5. Method of Apportionment Method of Apportionment The cost to provide services within the District will be fairly distributed among each eligible property. Service Level B (Residential Street Lighting): The following formula is used to calculate each property's Service Level B charges by the per parcel/unit (residential "lot/unit") method. Total Balance to Levy (Budgeted) : (Total Residential Lots + Assigned Condominium Units) = Parcel Charge Service Level C (Perimeter Landscaping and Slopes): and Refuse/Recycling Collection: The following formula is used to calculate each property's Service Level C charges by the per parcel (residential "lot") method. Total Balance to Levy (Budgeted) / Total Residential Lots (in Service Level) = Parcel Charge Service Level R (Roads): The charge per Levy Unit for Service Level R is based on a Parcel Development Unit (PDU), which is similar to a per parcel charge, but makes a distinction between developed and undeveloped parcels. Parcel Development Units = 1.0 for Developed Parcels Parcel Development Units = 0.5 for Undeveloped Parcels Total Balance to Levy / Total Parcel PDU (in Rate Level) = Parcel Charge The following tables reflect the levy calculations for each Service Level. Table 5-1 Parcel Charge Calculation Service Level B Property Type Single Family Residential Lot Vacant Residential Lot Assigned Condominium Units (11) Parcel/Unit Charge per x Parcel/Unit Parcel/Unit Charge 1.00 1.00 0.50 $25.68 $25.68 $25.68 $25.68 $25.68 $12.84 Multiplier Per Parcel Per Parcel Per Parcel/Unit Defined as Assigned Condominium Units in Service Level B for which the interior streetlights are privately maintained however, he Assigned Condominium Units benefit from perimeter or collector street lighting funded by Service Level B. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer 's Annual Levy Report for Fiscal Year 2017-18 Multi • lier 5. Method of Apportionment Table 5-2 Parcel Charge Calculation Service Level C Pro•ert T •e and Zone Charge per Parcel/Unit x Parcel = Parcel Char:e Residential Lot Zone No. 1 Residential Lot Zone No. 2 Residential Lot Zone No. 3 Residential Lot Zone No. 4 Residential Lot Zone No. 5 Residential Lot Zone No. 6 (12) Residential Lot Zone No. 7 Residential Lot Zone No. 8 Residential Lot Zone No. 9 Residential Lot Zone No. 10 Residential Lot Zone No. 11 Residential Lot Zone No. 12 Residential Lot Zone No. 13 Residential Lot Zone No. 14 Residential Lot Zone No. 15 Residential Lot Zone No. 16 Residential Lot Zone No. 17 Residential Lot Zone No. 18 Residential Lot Zone No. 19 Residential Lot Zone No. 20 Residential Lot Zone No. 21 Residential Lot Zone No. 22 Residential Lot Zone No. 23 Residential Lot Zone No. 24 Residential Lot Zone No. 25 Residential Lot Zone No. 26 Residential Lot Zone No. 27 Residential Lot Zone No. 28 Residential Lot Zone No. 29 (12) Residential Lot Zone No. 30 (13) Residential Lot Zone No. 31 (12)(14) Residential Lot Zone No. 32 (12)(14) (12) Beginning Fiscal Year 2007-2008 for Zones 29 and 31, and beginning Fiscal Year 2009-10 for Zones 6 and 32, the maximum rates as approved bythe property g g g� g PP P P Y owners are annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles -Riverside -Orange County Area, for the previous calendar year, or 5%. (13) Beginning Fiscal Year 2010-2011, Zone 30 has elected to maintain its ownperimeter landscaping under the existingHomeowner's Association 'HOA" As a g g P� g ("HOA"). result the Zone will not be levied under Service Level C for Fiscal Year 2017-2018. (14) Zones 31 and 32 Zone 31 elected to have the perimeter landscaping maintained by a Homeowner's Association ("HOA"). As a result the Zones will not be levied under Service Level C for Fiscal Year 2017-2018. 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 $116.00 $89.00 $116.00 $46.00 $175.00 $107.56 $89.00 $175.00 $46.00 $116.00 $175.00 $116.00 $46.00 $89.00 $175.00 $175.00 $46.00 $70.00 $225.00 $175.00 $129.00 $116.00 $20.00 $100.00 $200.00 $270.00 $70.00 $129.00 $383.92 $129.00 $31.68 $724.68 $116.00 $89.00 $116.00 $46.00 $175.00 $107.56 $89.00 $175.00 $46.00 $116.00 $175.00 $116.00 $46.00 $89.00 $175.00 $175.00 $46.00 $ 70.00 $225.00 $175.00 $129.00 $116.00 $20.00 $100.00 $200.00 $270.00 $ 70.00 $129.00 $383.92 $129.00 $31.68 $724.68 Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer 's Annual Levy Report for Fiscal Year 2017-18 12 5. Method of Apportionment Table 5-3 Parcel Charge Calculation Service Level R Property Type and Zone Parcel/Unit x Charge per Parcel = Parcel Charge 1 Multiplier Single Family Residential Lot R-1 Vacant Residential Lot R-1 1.00 0.50 $115.26 $115.26 $115.26 $57.62 Per Parcel Per Parcel Table 5-4 Parcel Charge Calculation Refuse/Recycling Collection Property Type (15) Single Family Residential Lot 1 Parcel/Unit x Charge per Parcel = Parcel Charge 1 Multiplier 1.00 $271.76 $271.76 Per Parcel (15)Developed residential parcels identified by CR&R for which refuse collections are available. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer 's Annual Levy Report for Fiscal Year 2017-18 13 6. Tax Roll Parcel identification for each lot or parcel within the District shall be the parcel as shown on the County Assessor's map for the year in which this Report is prepared. A listing of parcels within the District, along with the charges, has been submitted to the City Clerk's office and, by reference, is made part of this report as Appendix A. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer 's Annual Levy Report for Fiscal Year 2017-2018 14 APPENDIX A Tax Roll (Under Separate Cover) ALBERT A. WEBB ASSOCIATES WEBB ALBER T A. ASSOCIATES Corporate Headquarters 3788 McCray Street Riverside, CA 92506 951.686.1070 Palm Desert Office 41-990 Cook St., Bldg. I - #801 B Palm Desert, CA 92211 951.686.1070 Murrieta Office 41870 Kalmia Street #160 Murrieta, CA 92562 951.686.1070 CITY COUNCIL PUBLIC HEARING Item No. 13 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: July 11, 2017 SUBJECT: Conduct Public Hearing No. 4 Regarding the Transition from At -Large to By -District Elections PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council conduct the final of four public hearings to receive public comments regarding the transition from at -large to by -district elections for members of the City Council. BACKGROUND: Over the last several years, cities, school districts, and community colleges districts throughout the State of California have been changing from at -large to by -district elections to comply with the California Voting Rights Act of 2001 (CVRA) and/or to avoid litigation. On April 25, 2017, the City Council authorized the transition of the City's election system from at - large to by -district. On May 9, 2017, May 23, 2017 and June 27, 2017, the Council conducted three of four public hearings and adopted the resolutions of intent and criteria. The transition process is set forth in the Elections Code. District boundary maps will be drawn by a professional demographer in consultation with the City Attorney and City Clerk based on the criteria in the law and public input. Community input is important to the districting process and all residents are encouraged to attend hearings to provide public input. The hearings are publicly noticed and information about the districting process is also provided on the City's website. Two public hearings are required prior to the maps being drawn and two public hearings are required after the maps and sequencing are published for the specified time period. The tentative schedule for the public hearings is as follows and was also approved at the April 25th meeting: PUBLIC MEETINGS DATE Council Meeting / Public Hearing #1 (Resolutions of Intention/Criteria) May 9, 2017 Council Meeting / Public Hearing #2 May 23, 2017 Council Meeting / Public Hearing #3 June 27, 2017 Council Meeting / Public Hearing #4 (Ordinance Introduction) July 11, 2017 Council Meeting (Ordinance Adoption) July 25, 2017 It is therefore recommended that the City Council conduct the final of four public hearings tonight to receive public comments regarding the transition from at -large to by -district elections for members of the City Council, the time frame for this transition, the criteria and factors that go into the drawing of maps of single -member voting districts, the composition of the districts, and other matters related to the election of members of the City Council. FISCAL IMPACT: There is no specific fiscal impact associated with the proposed recommendation. New State law provides for the transition of at -large to by -district elections via the ordinance process. Costs for the City's general municipal election are budgeted in the City's operating budget every two years based on an estimate received from the Riverside County Registrar of Voters. ATTACHMENTS: Notice of Public Hearing NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Temecula will conduct a public hearing per Elections Code Section 10010 on Tuesday, July 11, 2017, at 7:00 p.m., or as soon thereafter as the matter can be heard, in the City Council Chamber, 41000 Main Street, Temecula, California, in which the Council will: Receive public comments regarding the transition of the City from at -large elections for members of the City Council to by -district elections for members of the City Council, the time frame for this transition, the criteria and factors that should go into the drawing of maps of single -member voting districts, the composition of the districts, and other matters related to the election of members of the City Council. All interested persons are invited to attend said hearing and express opinions relating to this matter. Further information may be obtained from the City Clerk's Office, 41000 Main Street, Temecula, California or by telephone 951-694-6421. AVISO DE AUDIENCIA PUBLICA Por la presente se da aviso que el Concejo Municipal de la Ciudad de Temecula conducira una audiencia publics por Seccion de Codigo de Elecciones 10010 el martes, 11 de Julio de 2017, a las 7:00 p.m., tan pronto posible despues cuando el asunto se pueda escuchar, en la Camara del Concejo Municipal, 41000 Main Street, Temecula, California, en el que el consejo: Recibir comentarios publicos sobre la transicion de la Ciudad de las elecciones generales para los miembros del Concejo Municipal a las elecciones por distritos para los miembros del Concejo Municipal, el plazo para esta transicion, los criterios y factores que deben it en el dibujo de mapas de los distritos electorales de un solo miembro, composicion de los distritos y otros asuntos relacionados con la eleccion de miembros del Concejo Municipal. Se invita a todas personas interesadas a asistir a tal audiencia y expresar sus opiniones respecto a este asunto. Se puede obtener mss informacion en la Oficina de la Secretaria de la Ciudad, 41000 Main Street, Temecula, California o por telefono al 951-694-6421. CITY COUNCIL BUSINESS Item No. 14 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: July 11, 2017 SUBJECT: Introduce an Ordinance Amending the Temecula Municipal Code Providing for the Election of City Council Members By District, Establishing District Boundaries, Identifying District Numbers and Establishing the Election Order of Each District PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.08 OF THE TEMECULA MUNICIPAL CODE PROVIDING FOR THE ELECTION OF FIVE MEMBERS OF THE CITY COUNCIL BY DISTRICTS, ESTABLISHING THE BOUNDARIES AND IDENTIFICATION NUMBER OF EACH DISTRICT, AND ESTABLISHING THE ELECTION ORDER OF EACH DISTRICT BACKGROUND: Over the last several years, cities, school districts, and community college districts throughout the State of California have been changing from at -large to by - district elections to comply with the California Voting Rights Act of 2001 (CVRA) and/or to avoid litigation. On April 25, 2017, the City Council authorized the transition of the City's election system from at -large to by -district. Pursuant to Elections Code Section 10010 et seq., four public hearings were held on May 9, 2017, May 23, 2017, June 27, 2017 and earlier this evening. On May 9, 2017, the resolutions of intent and criteria were also adopted. Finally, proposed maps were drawn and published in between the second and third public hearings as required by law. The City Council received public comments through the above -referenced process and the next step in the transition to effectuate the change from at -large to by -district elections is to introduce the attached ordinance. The proposed Council district maps submitted to the City Council were prepared in accordance with all applicable law, including the provisions of the California Voting Rights Act, the Federal Voting Rights Act and Temecula City Council Resolution No. 2017-27 providing criteria for the establishment of Council districts. The second reading of the ordinance will occur at the next regularly scheduled City Council meeting on July 25, 2017. The ordinance would become effective immediately after adoption at the second reading pursuant to Government Code Section 36937(a) as it is an ordinance relating to an election for the City. It is therefore recommended that the City Council introduce the attached ordinance. FISCAL IMPACT: There is no specific fiscal impact associated with the proposed recommendation. New State law provides for the transition of at -large to by -district elections via the ordinance process. Costs for the City's general municipal election are budgeted in the City's operating budget every two years based on an estimate received from the Riverside County Registrar of Voters. ATTACHMENTS: 1. Ordinance 2. Draft Maps ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.08 OF THE TEMECULA MUNICIPAL CODE PROVIDING FOR THE ELECTION OF FIVE MEMBERS OF THE CITY COUNCIL BY DISTRICTS, ESTABLISHING THE BOUNDARIES AND IDENTIFICATION NUMBER OF EACH DISTRICT, AND ESTABLISHING THE ELECTION ORDER OF EACH DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. This Ordinance is adopted with respect to the following purposes: (a) Pursuant to California Government Code Section 34886 and Elections Code Section 10010, the City Council votes to approve the change to a district -based election system for the members of the City Council whereby all five members of the City Council shall be elected by the voters of five City Council districts rather than at -large. (b) Pursuant to California Government Code Section 34886, it is declared the change in the method of electing members of the City Council of the City of Temecula made by this ordinance is in furtherance of the purposes of the California Voting Rights Act of 2001. Section 2. Sections 2.08.010 and 2.08.020 of the Temecula Municipal Code are hereby amended to read as follows and Sections, 2.08.015, 2.08.025 and Section 2.08.028 are hereby added to Chapter 2.08, Elections, of the Temecula Municipal Code to read as follows: 2.08.010. Council Election Dates. General municipal elections of the city shall be held on the first Tuesday after the first Monday of November in each even -numbered year. References in this Chapter to state statutes shall include any amendments thereto and any successor statutes. 2.08.015 City Council Districts Established. Five City Council districts are hereby established in the City of Temecula. The boundaries and identifying number of each district shall be as described on the official "Council District Map" on file in the Office of the City Clerk. 2.08.020 Election of Members of the City Council by District. A. Commencing with the November 2018 general municipal election, Members of the City Council shall be elected "by District" as defined in California Government Code Section 34871. A person shall not be eligible to be elected to be a Member of the City Council unless he or she is otherwise qualified as required by law, resides in the geographical area making up the district from which he or she is nominated to be elected and is a registered voter of the City of Temecula at the time nomination papers are issued to the candidate as provided in Section 10227 of the California Elections Code. No term of any Member of the City Council that commenced on or prior to the effective date of this Chapter shall be affected prior to its expiration date. B. Registered voters signing nomination papers or voting for a Member of the City Council shall be residents of the geographical area making up the district from which the Member is to be elected. C. The terms of the office of each Member elected to the City Council shall be four (4) years. 2.08.025 Commencement of District Elections. Commencing with the general municipal election in November of 2018 and thereafter, the voters in Council Districts 1, 3, and 5 shall elect Members of the City Council by district for full four (4) year terms. At the general municipal election in 2020 and thereafter, the voters in Council Districts 2 and 4 shall elect Members of the City Council by district for full four (4) year terms. 2.08.028 Adjustment of Council District Boundaries. A. Pursuant to Elections Code Section 21601 the City Council shall adjust the boundaries of any or all of the districts following each decennial federal census. Using the census as a basis, the City Council shall adjust the boundaries so that the districts shall be as nearly equal in population as practicable and in compliance with all applicable provisions of law. Any adjustment of district boundaries shall be made by ordinance adopted by the City Council before the first day of November of the year following the year in which each decennial federal census is taken commencing with the 2020 federal census. The City Council shall hold a public hearing on the proposed district boundaries as required by Election Code Section 21607 prior to the introduction of an ordinance adjusting of the district boundaries. B. At the time of any annexation of territory to the City, the City Council shall designate, by resolution adopted by a vote of at least a majority of the City Council, the contiguous district to which the annexed territory shall be a part and shall amend the district boundaries if necessary in accordance with Elections Code Section 21603. C. Pursuant to Elections Code Section 21606 the term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he or she was elected. At the first election for council following adjustment of the boundaries of the districts, a person meeting the requirements of Government Code Section 34882 shall be elected to the City Council for each district under the readjusted district plan that has the same district number as a district whose incumbent's term on the council is due to expire. Section 3. The Official Council District Map referenced in Section 2.08.010 is hereby approved and is attached hereto as Exhibit "A" and incorporated herein by this reference. The Official Council District Map shall be kept on file in the Office of the City Clerk. Section 4. Section 2.04.010 of the Temecula Municipal Code is hereby repealed as it is a duplicate of Section 2.08.010. Section 5. This Ordinance shall take effect upon its adoption pursuant to Government Code Section 36937(a) as it is an Ordinance relating to an election for the City. Section 6. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance or Chapter 2.08 is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 17- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 11th day of July, 2017, 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 , , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Temecula 2017 Districting Yellow Map oripaugh Ranch '---° Map layers Yellow Census Block Water Area Streets Indian Reservation Landmark Point Landmark Area Pipeline/Power Line ® HOAs Proposed Election Years: 2018: districts 1, 3 and 5 2020: districts 2 and 4 National Demographics Corporation, June 5, 2017 Temecula 2017 Districting Orange Map Map layers nOrange Census Block Water Area Streets Indian Reservation Landmark Point Landmark Area Pipeline/Power Line HOAs ar(46 e 0 Proposed Election Years: 2018: districts 1, 3 and 5 2020: districts 2 and 4 • National Demographics Corporation, June 2, 2017 Temecula 2017 Districting Purple Map Rancho Map layers Purple Census Block Water Area Streets Indian Reservation Landmark Point Landmark Area Pipeline/Power Line o HOAs Proposed Election Years: 2018: districts 1, 3 and 5 2020: districts 2 and 4 National Demographics Corporation, June 2, 2017 REQUEST TO SPEAK FORMS City Council Meeting 7/11 /17 REQUEST TO SPEAK \ CITY OF TEMECULA 3 1989 Date: v/ / Q 1 wish to speak on: Public Comment Circle One: CITY COUNCIL /CSD /SARDA/THA/TPFA Subject: Agenda Item No. jI/ For F-1 Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk RLl2[ 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 may be submitted to the City Clerk rp iqf to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: , G Ph ' Number: Address: Email address: If you are representing an organization or group, please give the name: LL �� rfo r E k:;'o LL��� � , , i.,e,rte VC Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. G) REQUEST TO SPEAK CITY OF TEMECULA Date: T,.Tt ZIJ\-1 I wish to speak on: ❑ Public Comment Circle One: CITY COUNCIL/CSD/SARDA/THA/TPFA Subject: 1'J�. Agenda Item No For ❑ Against ❑ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk p gr 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. 44 Address: rA Email address: oyitl.MAA�,c.Si� 1. ccM 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. OG REQUEST TO SPEAKCITY OF TEMECULA Date: a I wish to speak on: ❑ Public Comment Circle O ITY COUNCIL CSD/SARDA/THA/TPFA Subject: 1�\c"-"% f- ,CAA Q ❑ Agenda Item No. For ❑ Against ❑ Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk RLlg[ to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. - Name: GIr(JI �• :I A-4 Y ' � _ Phone Number: Address: ,-/ Email address: CA, )C VV/ bN IV,-\ 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 I4N4 Date: T1 1 wish to speak on: Er'Public Comment Circl One: CITY�COUNC"IL/I C-SD/SARDA/THA/TPFA Subject: �1 Agenda Item No. For ❑ Against 7 Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk RLlQ[ to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. /� Name:ail i � Phone Number: e7 Address: Email address: 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. 0G REQUEST TO SPEAK CITY OF TEMECULA #� Date: T` l H I wish to speak on: Public Comment Circle One: CITY COUNCIL SD / SARDA/THA/TPFA Subject: Agenda Item No. _� For ❑ Against ❑ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk piriw 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 may be submitted to the City Clerk rp for to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: Phone Number: Address: —y� Email address: 'c IJY t -/ .f� � 1 , , t l�A 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 � 19X9 Date: ' d 1 1 wish to speak on: Public Comment Circle One: CITY COUNCIL /CSD / SARDA/THA/TPFA Subject: 15 Agenda Item No. For JZ Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prlor to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. �( Name:~�YR L Phone Number: Address:-!� Email address: I r If you are representing an orga ization 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.