Temecula City Council
August 22, 2023

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11].

AGENDA

TEMECULA CITY COUNCIL

REGULAR MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
AUGUST 22, 2023 - 6:00 PM
CLOSED SESSION - 5:00 PM
CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding the acquisition of certain property interests from the real property located at 39622 Leifer Road in the City of Temecula (APN 957-090-023). Specifically, the City seeks to acquire an approximate 31,168 square foot temporary construction easement with a term of 12 months, covenant authorizing the construction of certain permanent improvements in portions of that 31,168 square foot area. This acquisition is in connection with the proposed extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project"). The negotiating parties are the City of Temecula and the property owners Isaac G. Navejar and Isabel L. Navejar, as Co -Trustees of the Navejar Living Trust, U/A dated July 18, 2019. Negotiators for the City are Patrick Thomas and Ron Moreno. Under negotiations are price and terms of the acquisition of these property interests.

CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council will meet in closed session with the City Attorney and Special Counsel pursuant to Government Code Section 54956.9(d)(1) with respect to two matters of pending litigation: 1) City of Temecula v Sohan Singh, et al. (Riverside Superior Court Case No. CVSW2303952); and 2) Solana Winchester, LLC, v. City of Temecula (Riverside Superior Court Case No. CVRI2304109).

CALL TO ORDER: Mayor Zak Schwank
PRELUDE MUSIC: Temecula Valley Youth Symphony
INVOCATION: Pastor Steve Redden of Crosspoint Church Temecula FLAG SALUTE: Mayor Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

PRESENTATIONS
Award of Recognition to Former Council Member Maryann Edwards

City Council Agenda August 22, 2023

BOARD / COMMISSION REPORTS
Community Services Commission and Race, Equity, Diversity and Inclusion Commission

PUBLIC SAFETY REPORT
County of Riverside, Riverside County Sheriffs Department

PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited.

Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to [email protected]. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

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, ten minutes will be devoted to these reports.

CONSENT CALENDAR
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. A total of 30 minutes is provided for members of the public to address the City Council on matters on the Consent Calendar.

Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images maybe displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to [email protected].

All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda.

Attachments: Agenda Report

2. Approve Action Minutes of August 8, 2023
Recommendation
Attachments
That the City Council approve the action minutes of August 8, 2023.

Action Minutes

City Council Agenda August 22, 2023

3. Approve List of Demands

4. 5.

Recommendation
Attachments
That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A
Agenda Report
Resolution
List of Demands
Approve City Treasurer's Report as of May 31, 2023
Recommendation: That the City Council approve and file the City Treasurer's Report as of May 31, 2023.

Attachments: Agenda Report
May Treasurer's Report
Amend the Capital Improvement Program Budget for Fiscal Years 2024-28 for Various Projects Recommendation:

That the City Council:

1. Adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA TO AMEND THE CAPITAL IMPROVEMENT
PROGRAM BUDGET FOR FISCAL YEARS 2024-28 FOR VARIOUS

PROJECTS

2. Approve an appropriation of $1,500,000 from Transportation Uniform Mitigation Fee, from Western Riverside Council of Governments in Fiscal Year 2023-24 for the I-15 / French Valley Parkway Improvements - Phase III project; and

3. Approve an appropriation and corresponding fund transfer of $200,000 from Measure S for Fiscal Year 2023-24 to the I-15 / French Valley Parkway Improvements - Phase III project; and

4. Approve an appropriation of $1,000,000 grant funding from California

City Council
Agenda August 22, 2023
State Assembly Bill 102 as amended in Senate on June 24, 2023 for Fiscal Year 2023-24 for the Ynez Road Improvements - Phase I project; and

5. Approve a fund Transfer of $1,000,000 of Development Impact Fee - Street Improvements from Ynez Road Improvements, Phase I to Fiscal Year 2025-26 of the Rancho California Road Median Improvements project; and

6. Approve a fund transfer of $594,524 from Fiscal Year 2023-24 of the Sidewalks - Citywide project to Fiscal Year 2023-24 of a separately established project, Sidewalks - Pauba Road; and

7. Approve an appropriation of $362,600 grant funding from California Senate Bill 821 for Fiscal Year 2023-24 for the Sidewalks - Pauba Road; and

8. Approve an appropriation of $200,000 grant funding from American Rescue Plan Act, signed into law March 11, 2021, through the County of Riverside for Fiscal Year 2023-24 to the Dog Park Renovation project; and

9. Approve an appropriation and corresponding fund transfer of $100,000 from Measure S for Fiscal Year 2023-24 to the Dog Park Renovation project.

Attachments: Agenda Report
Resolution
Amended CIP Budget Sheets
CIP Budget Amendment Summary

6. Approve Form of Rancho California Water District Recycled Water Agreements and Authorize the City Manager to Execute Said Agreements on Behalf of the City Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING THE FORM OF RECYCLED WATER

AGREEMENTS AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAID AGREEMENTS ON BEHALF OF THE CITY
Attachments: Agenda Report
Resolution
Agreement - City Version
Agreement - Private Version

City Council Agenda August 22, 2023

7. Approve First Amendment to the Agreement for On Call Services with Keyser Marston and Associates, Inc.

8. 9.

Recommendation:

AttaehmPntc
That the City Council approve the first amendment to the agreement with Keyser Marston Associates, Inc., in the amount of $110,000, for a total agreement of $275,000, for on call services.

Agenda Report
Amendment
Adopt Resolution to Approve the Administering Agency - State Agreement - Master Agreement No. 08-5459521 with the State of California, Department of Transportation Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA TO APPROVE THE ADMINISTERING AGENCY -
STATE AGREEMENT - MASTER AGREEMENT NO. 08-5459521

AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE

AGREEMENT AND ALL PERTINENT PROGRAM SUPPLEMENT

AGREEMENTS FOR STATE FUNDED PROJECTS
Attachments: Agenda Report
Resolution
Master Agreement No. 08-5459521
Programpplement Agreement No. OOOOOA212
Program�Sgpplement Agreement No. OOOOOA213
Approve Increase to the Professional Services Contingency Authorization for the Margarita Recreation Center Project, PW 17-21
Recommendation: That the City Council:

1. Approve an increase to the contingency for professional services for the Margarita Recreation Center Project, PW 17-21 by $43,000; and

2. Increase the City Manager's authorized contingency by $43,000.

Attachments: Agenda Report
Project Description

10. Approve the Funding Agreement with the County of Riverside for the Michael "Mike" Naggar Park Dog Park Renovation Project, PW21-14 and Authorize the City Manager to Execute the Agreement

City Council Agenda August 22, 2023

11. 12.

Recommendation: That the City Council:

1. Approve the "Funding Agreement for City of Temecula Michael "Mike" Naggar Community Park Expansion Project" (Agreement) with the County of Riverside; and

2. Authorize the City Manager to execute the Agreement.

Attachments: Agenda Report
Funding_ Agreement
Project Description
Approve Specifications and Authorize Solicitation of Construction Bids for Citywide Slurry Seal Program - Fiscal Year 2022-23, PW23-16
Recommendation: That the City Council:

1. Approve the specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Slurry Seal Program - Fiscal Year 2022-23, PW23-16; and

2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines.

Attachments: Agenda Report
Slurry Seal Street Name List
Project Location Maps
Accept Improvements and File the Notice of Completion for the Traffic Signal - Park and Ride Access Improvements, PW18-11
Recommendation:

Attachments:

That the City Council:

1. Accept the construction of the Traffic Signal - Park and Ride Access Improvements, PW18-11, as complete; and

2. Direct the City Clerk to file and record the Notice of Completion.

Agenda Report
Notice of Completion
Project Description
Project Map

13. Receive and File Temporary Street Closures for 2023 Autumnfest Events Recommendation: That the City Council receive and file the temporary closure of certain streets for the following 2023 Autumnfest events:

City Council
Agenda August 22, 2023

GOLDEN ERA RUNWAY SHOW

NATIONAL EMERGENCY PREPAREDNESS FAIR

ARTFEST

HEALTH & COMMUNITY RESOURCE FAIR

CYCLE FOR HOPE

GREEK FESTIVAL

HALLOWEEN CARNIVAL

VETERAN'S DAY

PECHANGA PU'ESKA MOUNTAIN DAY
Attachments: Agenda Report
Exhibit A
Exhibit B

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/OR THE

TEMECULA PUBLIC FINANCING AUTHORITY

City Council Agenda August 22, 2023

TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CALL TO ORDER: President James Stewart
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

CSD PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited.

Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to [email protected]. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

CSD CONSENT CALENDAR
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 Community Services District request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited.

Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to [email protected]. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

14. Approve Action Minutes of August 8, 2023
Recommendation: That the Board of Directors approve the action minutes of August 8, 2023.

Attachments: Action Minutes

15. Approve Agreement with Titan Rental Group, Inc. for Event and Program Rental Items Recommendation: That the Board of Directors approve the agreement with Titan Rental Group, Inc. for event and program rental items.

Attachments: Agenda Report
Agreement

16. Approve Annexation of Tract Map Numbers 37341 and 37341-17, Within Sommers Bend, to Service Level B (Residential Street Lights) Rates and Charges Located on East Side of Butterfield Stage Road and North of Long Valley Wash)

City Council
Agenda August 22, 2023
Recommendation: That the Board of Directors adopt the following resolutions entitled:

RESOLUTION NO. CSD

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF

TEMECULA, DECLARING INTENTION TO ANNEX PROPERTY
(TRACT MAP 37341 AND 37341-17) TO SERVICE LEVEL B -

RESIDENTIAL STREET LIGHTS AND TO LEVY ASSESSMENTS
ON SUCH PROPERTY FOR FISCAL YEAR 2024-25, APPROVING

THE ENGINEER'S REPORT, AND SETTING THE DATE, TIME AND

PLACE OF A PUBLIC HEARING ON THE PROPOSED

ANNEXATION AND ASSESSMENTS
RESOLUTION NO. CSD

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF

TEMECULA, INITIATING PROCEEDINGS TO ANNEX PROPERTY
(TRACT MAP 37341 AND 37341-17) TO SERVICE LEVEL B FOR
FISCAL YEAR 2024-25
Attachments: Agenda Report
Vicinity Maps - Tract Maps 37341 and 37341-17
Resolution of Intention
Resolution of Initiatiating Proceedings
Preliminary Annexation Engineer's Report

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTOR REPORTS

CSD ADJOURNMENT
The next regular meeting of the Temecula Community Services District will be held on Tuesday, September 12, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

City Council Agenda August 22, 2023

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 a project at the time of the hearing. If you challenge a project 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. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to [email protected].

Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. At public hearings involving land use matters, the property owner and/or applicant has the burden of proof and, therefore, shall be allowed 15 minutes for an initial presentation, and an additional 10 minutes for rebuttal by its development team following other comments on the matter. An appellant, other than the property owner and/or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property, which is the subject of the public hearing, shall be allowed 15 minutes to present the appellant's position to the Council. The Mayor may allow more time if required to provide due process for the property owner, applicant or appellant. All other members of the public may speak during the public hearing for a maximum period of 5 minutes each. Deferral of one speaker's time to another is not permitted. In the event of a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

17. Introduce Ordinance Amending Titles 5, 8, and 17 of the Temecula Municipal Code, and Adopt a Resolution Setting the Fee for a Tobacco Shop Permit and Find that this Ordinance is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061 (b)(3)
Recommendation
That the City Council:

1. Introduce and read by title only an ordinance entitled:

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLES 5, 8, AND 17 OF THE TEMECULA
MUNICIPAL CODE TO (1) AMEND MASSAGE ESTABLISHMENT
REGULATIONS, (2) ADD DEFINITIONS FOR TOBACCO SHOP,

City Council Agenda August 22, 2023

TOBACCO SHOP PERMIT AND UPDATE DEFINITIONS OF
TOBACCO PRODUCT AND TOBACCO PARAPHERNALIA, (3)

IMPLEMENT A TOBACCO SHOP PERMIT PROGRAM TO

INCLUDE STRUCTURAL AND OPERATIONAL REQUIREMENTS,
(4) UPDATE TOBACCO RETAILERS LICENSE PROCESSES, (5)
AMEND REGULATIONS ON SMOKING IN HOTEL ROOMS, (6)

REMOVE TOBACCO SHOP AS A CONDITIONALLY PERMITTED
USE IN TABLE 17.08.030, (7) IMPLEMENT TOBACCO SHOP

PERMIT REQUIREMENTS IN PLANNED DEVELOPMENT
OVERLAY ZONING DESIGNATIONS 1 AND 4, AND (8) MAKE A

FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3)

2. Adopt Resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ESTABLISHING A TOBACCO SHOP PERMIT FEE
Attachments: Agenda Report
Ordinance
Resolution
Planning Commission Resolution No. 2023-14
Notice of Public Hearing
Notice of Exemption

DEPARTMENTAL REPORTS (RECEIVE AND FILE)

18. Community Development Department Monthly Report
Attachments: Agenda Report
Planning Activity Report

19. Fire Department Monthly Report
Attachments: Agenda Report
Monthly Report - July

20. Police Department Monthly Report
Attachments: Agenda Report

21. Public Works Department Monthly Report

City Council Agenda August 22, 2023
Attachments: Agenda Report
Project Status Report

ITEMS FOR FUTURE CITY COUNCIL AGENDAS
Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes. No substantive discussion on the subject of the motion may occur. Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed 3 minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54.

CITY MANAGER REPORT

CITY ATTORNEY REPORT

ADJOURNMENT
The next regular meeting of the City Council will be held on Tuesday, September 12, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.
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The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444.

Item No. 1

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: August 22, 2023
SUBJECT: Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda.

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. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City's website and will be available in print at the meeting prior to the introduction or passage of the ordinance. Unless otherwise required, the full reading of the title and text of all ordinances and resolutions is waived.

FISCAL IMPACT: None
ATTACHMENTS: None

Item No. 2

ACTION MINUTES

TEMECULA CITY COUNCIL

REGULAR MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
AUGUST 8, 2023 - 6:00 PM
CALL TO ORDER at 6:00 PM: Mayor Zak Schwank
PRELUDE MUSIC: Temecula Conservatory of Music
INVOCATION: Chaplain Themba M. Mzizi of Riverside County Sheriffs Department FLAG SALUTE: Commissioner Robert Carter
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

BOARD / COMMISSION REPORTS
Traffic Safety Commission

PUBLIC SAFETY REPORT
County of Riverside, Fire Department (CAL FIRE)

PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council:
• Brad Bohn • Supervisor Karen Spiegel

CITY COUNCIL REPORTS

CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.

Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval.

1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda.

2. Approve Action Minutes of July 25, 2023
Recommendation: That the City Council approve the action minutes of July 25, 2023.

3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-69

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A

4. Receive Report Regarding Status of Upcoming Vacancies on Commissions Recommendation: That the City Council receive the report regarding the status of upcoming vacancies on Commissions.

Receive and file only, no action.

RECESS:

At 6:16 PM, the City Council recessed and convened as the Temecula Community Services District and Temecula Public Financing Authority Meetings. At 6:18 PM the City Council resumed with the remainder of the City Council Agenda.

RECONVENE TEMECULA CITY COUNCIL

BUSINESS

7. Receive Report Regarding Senate Bill 329 Pertaining to City Council Compensation and Provide General Direction Regarding the Same (At the Request of Council Member Brown) Recommendation:

That the City Council receive a report regarding Senate Bill 329 pertaining to City Council compensation and provide general direction regarding the same.

Motion to bring ordinance to future meeting reflecting Council compensation adjustment from $600 to $1,900 per month (3-2): Motion by Brown, Second by Schwank. The vote reflected unanimous approval with Alexander and Stewart opposing.

ITEMS FOR FUTURE CITY COUNCIL AGENDAS
The City Council approved the placement of the following topic on a future agenda — Board and Commission Compensation.

CITY MANAGER REPORT

CITY ATTORNEY REPORT

ADJOURNMENT
At 6:32 PM, the City Council meeting was formally adjourned to Tuesday, August 22, 2023, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.

Adjourned in Memory of
Assistant Chief Josh Bischof, Fire Captain Tim Rodriguez and Pilot Tony Sousa Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

Item No. 3

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: August 22, 2023
SUBJECT: Approve List of Demands
PREPARED BY: Pam Espinoza, Senior Accounting Technician RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

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.2023-

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 $ 12,333,895.73.

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 22"d day of August, 2023.

Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22"d day of August, 2023, 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
7/27/2023 - 8/3/2023 TOTAL CHECK RUN:
7/20/2023 TOTAL PAYROLL RUN:
11,401,787.30
932,108.43
TOTAL LIST OF DEMANDS FOR 08/22/2023 COUNCIL MEETING: g 12,333,895.73

apChkLst Final Check List Page: 1
07/25/2023 1:46:08PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
15052 6/12/2023 000246 PERS EMPLOYEES

RETIREMENT
15085 7/6/2023 014486 VERIZON WIRELESS
Description

PERS RETIREMENT PAYMENT
Amount Paid
2,175.35
5/16-6/15 11,384.24
CELLULAR/BROADBAND:CITYWIDE
Grand total for UNION BANK:

Check Total
2,175.35
11,384.24
13,559.59
Page:1

apChkLst Final Check List Page: 2
07/25/2023 1:46:08PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
505185
7/27/2023
004240

AMERICAN FORENSIC NURSES
DRUG/ALCOHOL ANALYSIS: TEM
343.94
343.94
AFN

SHERIFF
505186
7/27/2023
021400

AYERS ELECTRIC INC
ELECTRICAL REPAIRS: IWTCM: PW
500.00
ELECTRICAL REPAIRS: CRC
100.00
ELECTRICAL REPAIRS: OLD TOWN I
100.00
ELECTRICAL REPAIRS: OLD TOWN I
1,000.00
1,700.00
505187
7/27/2023
001323

BLUETRITON BRANDS INC,
WATER DLVRY SVCS: HELP CTR

2.16 DBA READYREFRESH
WATER DLVRY SVCS: FOC
178.90
181.06
505188
7/27/2023
022670

BROWN JAMAL DEON, DBA

TCSD INSTRUCTOR EARNINGS
315.00

JDB TRAINING

TCSD INSTRUCTOR EARNINGS
2,030.00
2,345.00
505189
7/27/2023
023248

CORTEZ GASTELUM, MARIA
NEWSPAPER SUBSCRIPTION: MPSC:
118.75
118.75

VICTORIA
TCSD
505190
7/27/2023
001393

DATATICKET INC, DBA
JUN CITATIONS PROCESSING: POLICE
1,268.58
1,268.58

REVENUE EXPERTS
505191
7/27/2023
012217
DUDEK
CONSULTANT SVCS: CITYWIDE
9,813.75
9,813.75

DRAINAGE PLAN
505192
7/27/2023
020904

ECONOMIC ALTERNATIVES INC
BOILER HOT LOOP FILTER: CIVIC CTR
2,817.35
2,817.35
505193
7/27/2023
018098

ELITE CLAIMS MANAGEMENT
JUN '23 3RD PARTY CLAIM ADMIN: WC
1,250.00
1,250.00
INC
505194
7/27/2023
014819

FLATIRON WEST INC
1-15/FV PKWY IMPROVEMENTS: PH II:
1,306,238.71
1,306,238.71
CIP
505195
7/27/2023
010028

GOFORTH & MART, DBA GM
FURNITURE: BOOKSHELVES: LIBRARY
16,246.18

BUSINESS INTERIORS
FURNITURE: BOOKSHELVES: LIBRA
14,582.87
30,829.05
505196
7/27/2023
004890

GOLDEN STATE FIRE
FIRE INSPECTION REPAIR: CIVIC CTR
2,270.00
2,270.00

PROTECTION
505197
7/27/2023
017334

HOUSE OF AUTOMATION INC
GARAGE DOOR REPAIR: CIVIC
476.44
CENTER
GARAGE DOOR REPAIR: CIVIC CEN
760.60
1,237.04
505198
7/27/2023
006914

INNOVATIVE DOCUMENT
JUN COPIER MAINT/REPAIR/USAGE:
4,850.90

SOLUTIONS

CITYWIDE

JUN COPIER MAI NT/REPAI R/U SAGE
379.91
5,230.81
505199
7/27/2023
000482

LEIGHTON CONSULTING INC
Geotechnical Review for FORE Temecula
3,831.00

GEOTECH & MATERIALS TESTING E
410.60
4,241.60
Paget

apChkLst Final Check List Page: 3
07/25/2023 1:46:08PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check # Date Vendor
Description
Amount Paid
Check Total
505200 7/27/2023 022664 MARIPOSA TREE
TREE SVCS: S-24 ACACIS: PARKS
202.00

MANAGEMENT INC
TREE SVCS: S-13 EMERGENCY: PAf
535.13
TREE SVCS: F-06 OLD TOWN: PARK
6,363.00
TREE SVCS: S-10 EMERGENCY: PAf
4,848.00
TREE SVCS: S-01 EMERGENCY: PAf
4,600.30
TREE SVCS: MEDIANS: PARKS
173.80
TREE SVCS: S-05 & S-24 EMERGEN,
4,136.60
TREE SVCS: S-12 EMERGENCY: PAf
3,176.25
TREE SVCS: S-10 PALM PRUNING: F
7,726.95
TREE SVCS: S-05 EMERGENCY: PAf
1,651.65
TREE SVCS: F-03 FOC: PARKS
1,107.75
TREE SVCS: S-13 PRESLEY SLOPE:
354.22
TREE SVCS: S-12 VINTAGE HILLS: P
3,801.75
38,677.40
505201 7/27/2023 018675 MDG ASSOCIATES INC
JUN ADA LABOR COMPLIANCE:
151.26
PW22-08

JUN ADA LABOR COMPLIANCE SVC
1,415.76
JUN ADA LABOR COMPLIANCE: PW'
128.13
1,695.15
505202 7/27/2023 018314 MICHAEL BAKER
CONSULT SVCS: I-15/79 INTRCHG
5,570.00
5,570.00

INTERNATIONAL
17-19
505203
7/27/2023
004951

MIKE'S PRECISION WELDING
HAND RAIL REPAIRS: CRC: PW
3,880.00
3,880.00
INC
505204
7/27/2023
004043

MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: OLD TOWN

28.75 28.75
INC
MAINT
505205
7/27/2023
022599

NIEVES LANDSCAPE INC
LANDSCAPE MAINT SVCS: FIRE STA 84
191.71
LDSCP REPAIRS: SERENA HILLS: S-
900.00
IRRIGATION REPAIRS: DATE STREE
197.42
1,289.13
505206
7/27/2023
023204

OMB ELECTRICAL ENGINEERS
CONSULTANT SVCS: STREETLIGHTS:
285.00
285.00

INC, SALAS OBRIEN
PW22-17
505207
7/27/2023
005075

PRUDENTIAL OVERALL
UNIFORM SVCS: STREETS: PW

52.44 SUPPLY
UNIFORM SCS: PARKS MAINT: PW

4.62 57.06
Page:3

apChkLst Final Check List Page: 4
07/25/2023 1:46:08PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
505208 7/27/2023 002412 RICHARDS WATSON AND

GERSHON
505209 7/27/2023 004274 SAFE AND SECURE

LOCKSMITH SRVC
505210 7/27/2023 000519 SOUTH COUNTY PEST

CONTROL INC
(Continued)
Description
Amount Paid Check Total
JUN 2023 LEGAL SERVICES
1,291.00
JUN 2023 LEGAL SERVICES
1,268.50
JUN 2023 LEGAL SERVICES
12,643.00
JUN 2023 LEGAL SERVICES
2,597.00
JUN 2023 LEGAL SERVICES
5,876.00
JUN 2023 LEGAL SERVICES
430.00
JUN 2023 LEGAL SERVICES
2,407.00
JUN 2023 LEGAL SERVICES
147.50
JUN 2023 LEGAL SERVICES
4,929.00
JUN 2023 LEGAL SERVICES

76.50 JUN 2023 LEGAL SERVICES
5,251.00
JUN 2023 LEGAL SERVICES
287.00
JUN 2023 LEGAL SERVICES

59.00 JUN 2023 LEGAL SERVICES
1,207.00
JUN 2023 LEGAL SERVICES
7,728.00
JUN 2023 LEGAL SERVICES
142.50
JUN 2023 LEGAL SERVICES
8,569.80
JUN 2023 LEGAL SERVICES
1,913.50
JUN 2023 LEGAL SERVICES
2,001.50
JUN 2023 LEGAL SERVICES
5,018.50
JUN 2023 LEGAL SERVICES
206.50
JUN 2023 LEGAL SERVICES
3,331.00
JUN 2023 LEGAL SERVICES
3,331.00
JUN 2023 LEGAL SERVICES
678.50
JUN 2023 LEGAL SERVICES
635.00
JUN 2023 LEGAL SERVICES
265.50
JUN 2023 LEGAL SERVICES

69.00 JUN 2023 LEGAL SERVICES
2,162.00
JUN 2023 LEGAL SERVICES
5,220.50
JUN 2023 LEGAL SERVICES
531.00
JUN 2023 LEGAL SERVICES
6,506.40
JUN 2023 LEGAL SERVICES

59.00 JUN 2023 LEGAL SERVICES
2,150.00 88,988.70
LOCKSMITH SVCS: CIVIC CTR

46.13 46.13
PEST CONTROL SVCS: CRC 268.00
PEST CONTROL SVCS:

MARG SPLA

94.00 PEST CONTROL SVCS:

TES POOL

59.00 PEST CONTROL SVCS:

CRC

90.00 PEST CONTROL SVCS:

CRC IRRIGA

94.00 PEST CONTROL SVCS:

THEATER

90.00 PEST CONTROL SVCS:

MARG SPLA

49.00 744.00
Page:4

apChkLst Final Check List Page: 5
07/25/2023 1:46:08PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
505211
7/27/2023
006145

STENO SOLUTIONS
JUN TRANSCRIPTION SVCS: TEM
105.84
105.84

TRANSCRIPTION, SRVCS INC

SHERIFF
505212
7/27/2023
003849

TERRYBERRY COMPANY
EMPLOYEE SERVICE RECOGNITION:
238.27
238.27
HR
505213
7/27/2023
016311

TIERCE, NICHOLAS
GRAPHIC DESIGN SVCS: THEATER
6,420.00
6,420.00
505214
7/27/2023
014866

TWM ROOFING INC
ROOF REPAIRS: JRC & CIVIC CENTER
19,345.00
19,345.00
505215
7/27/2023
023055

VAN OTTERLOO INC
EQUIP REPAIR: STREET MAINT: PW
1,059.68
1,059.68
Grand total for EFT UNION BANK:
1,538,315.75
Page:5

apChkLst Final Check List Page: 6
07/25/2023 1:46:08PM CITY OF TEMECULA
33 checks in this report.

Grand Total All Checks: 1,551,875.34
Page:6

apChkLst
07/27/2023
10:56:47AM
Final Check List

CITY OF TEMECULA
Page: 1
Bank:
union UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
212984
7/25/2023
013935

SOUTHERN CALIFORNIA
TRAFFIC SIGNAL: RING ROAD:
3,400.47
3,400.47

EDISON CO
PW21-15
212985
7/27/2023
003951

ALL AMERICAN ASPHALT
CONSTRUCTION CONTRACT SVCS:
1,282,457.25

PAVMT REHAB
CONSTRUCTION CONTRACT SVCS: PAV
418,285.00
1,700,742.25
212986
7/27/2023
017795

ALTA LANGUAGE SERVICES
LANGUAGE SVCS: HR
132.00
132.00
INC
212987
7/27/2023
022888

ARAMARK SERVICES INC, DBA
RFRSHMNTS SVCS: CIVIC CTR
113.74
113.74

ARAMARK REFRESHMENT
212988
7/27/2023
015592

BAMM PROMOTIONAL
UNIFORMS: EMBROIDERY: CODE ENF
201.19
201.19

PRODUCTS INC
212989
7/27/2023
004262

BIO TOX LABORATORIES
PHLEBOTOMY SERVICES: TEM
3,189.01

SHERIFF
PHLEBOTOMY SERVICES: TEM SHERIFF
2,245.13
5,434.14
212990
7/27/2023
023447

BRIGHT PLANET SOLAR
REFUND: PERMIT CANCELLED
133.92
133.92
212991
7/27/2023
023446

BUCKLIN, KIMBERLY
REFUND: PERMITS CANCELLED
137.60
137.60
212992
7/27/2023
007794

CAL PASEO DEL SOL LLC
REIMB: DIF FEES: MEADOWS
237,426.00
237,426.00

PKWY/PAUBA
212993
7/27/2023
021851

CALIF NEWSPAPERS
LEGAL PUBLICATIONS: CITY CLERK
1,860.35

PARTNERSHIP, DBA SO CALIF

NEWS GROUP
LEGAL PUBLICATIONS: PW
1,009.66
2,870.01
212994
7/27/2023
023391

CLARK COUNTY, LAS VEGAS
PRESENTATION: EMERGENCY
644.25
644.25

METROPOLITAN

MANAGMENT
212995
7/27/2023
011922

CORELOGIC INC, DBA
JUN SOFTWARE SUBSCRIPTION:
411.00
411.00

CORELOGIC SOLUTIONS

CODE ENF
212996
7/27/2023
000864

CORONA CLAY COMPANY
SPECIALTY MIX BRICKDUST: PARKS
4,825.31
4,825.31
212997
7/27/2023
012600

DAVID EVANS AND
APR DSGN SVCS: DIAZ RD PROJ:
13,782.99

ASSOCIATES INC
PW17-25
ENG SVCS: PICKLEBALL COURTS: PW21
10,025.50
MAY DSGN SVCS: DIAZ RD PROJ: PW17-
6,870.52
CONST SPPRT SVC: MPSC OUTDOOR R
1,225.50
CONST SUPPORT SVC: RECYCLED WTR
480.50
32,385.01
212998
7/27/2023
002990

DAVID TURCH AND
JUN FEDERAL LOBBYING SVCS: CITY
5,500.00
5,500.00

ASSOCIATES
MGR
Page-1

apChkLst
07/27/2023
10:56:47AM
Final Check List

CITY OF TEMECULA
Page: 2
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212999
7/27/2023
022798

DS SERVICES OF AMERICA
WATER DELIVERY: CMO

69.13 69.13

INC, SPARKLETTS
213000
7/27/2023
012066

GEOCON WEST INC
GEOTECHNICAL REVIEW: ALTAIR
542.50
FAULT: PLNG
GEOTECHNICAL REVIEW: ALTAIR FAULT:
514.50
1,057.00
213001
7/27/2023
019177

GOSCH FORD TEMECULA
VEHICLE REPAIRS: STREET MAINT:
5,376.20
5,376.20
PW
213002
7/27/2023
000186

HANKS HARDWARE INC
MISC MAINT SUPPLIES: CIVIC CTR
2,008.40
MISC HARDWARE SUPPLIES: FIRE DEPI
1,327.20
MAINT SUPPLIES: PARKS: PW
743.71
MAINT MAINT SUPPLIES: HARVESTON
609.45
HARDWARE SUPPLIES: LIBRARY
475.38
MISC HRDWR SUPPLIES: CODE ENFOR(
453.40
MISC MAINT SUPPLIES: OLD TOWN
209.94
MISC SMALL TOOLS & EQUIP: NPDES: P'
180.49
6,007.97
213003
7/27/2023
013749

HELIXSTORM INC
IT INFRASTRUCTURE SUPPORT: INFO
2,250.00
2,250.00
TECH
213004
7/27/2023
013321

HESS, JOHN PAUL
VIDEOGRAPHY SVCS: CITY MGR
957.50
957.50
213005
7/27/2023
003198

HOME DEPOT
HARDWARE SUPPLIES: STREET
978.63
978.63
MAINT: PW
213006
7/27/2023
011049

HOSPICE OF THE VALLEYS SC
CDBG REIMBURSEMENT: APR - JUN
997.14
997.14
'23
213007
7/27/2023
023448

IPERMITS
REFUND: PERMITS: BLDG & SAFETY
987.04
987.04
213008
7/27/2023
001282

KNORR SYSTEMS INC
POOL HEATER REBUILD: CRC
21,090.92
21,090.92
213009
7/27/2023
017118

KRACH BREE B, DBA
EMPLOYEE RECOGNITION: NEW HIRE

54.38 TEMECULA TROPHY& DES
EMPLOYEE RECOGNITION: AWARDS

53.29 107.67
213010
7/27/2023
019691

L C PAVING AND SEALING INC
RET REL: CONCRETE REPAIRS:
16,943.82
16,943.82
PW22-01
213011
7/27/2023
003782

MAIN STREET SIGNS, DBA
VARI SIGNS & SUPPLIES: PARKS: PW
115.82
115.82

ATHACO INC
213012
7/27/2023
023292

MGG TECHNOLOGIES INC

HELP DESK TICKETING & ASSET MNG
1,058.00
1,058.00
SW: IT
Paget

apChkLst Final Check List Page: 3
07/27/2023 10:56:47AM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
213013
7/27/2023
018099

NATIONAL SAFETY
DOT TESTING: HR

COMPLIANCE INC
213014
7/27/2023
022585

NORMAN A TRAUB &
WORKPLACE INVESTIGATIONS: HR

ASSOCIATES, LLC
213015
7/27/2023
000209

NUTRIEN AG SOLUTIONS INC
TOOL & EQUIP: STREET MAINT: PW
213016
7/27/2023
003964

OFFICE DEPOT BUSINESS SVS
MISC OFC SUPPLIES: LAND DEV: PW
DIV
MISC OFC SUPPLIES: NPDES: PW
MISC OFC SUPPLIES: CIP: PW
MISC OFC SUPPLIES: NPDES: PW
213017
7/27/2023
003663

PECHANGA BAND OF
MONITORING SVCS: I-15/FVP IMPRV:

LUISENO, MISSION INDIANS
PW16-01
213018
7/27/2023
022476

RICHERSON ANTHONY,
BLINDS: FIRE STA73

BUDGET BLINDS OF

TEMECULA
213019
7/27/2023
022715

RIVERSIDE CO PUBLIC
JUN EMERG RADIO RENTALS: POLICE

SAFETY, ENTERPRISE

COMMUNICATION
JUN EMERG RADIO RENTALS: CODE EN
213020
7/27/2023
000406

RIVERSIDE CO SHERIFFS
5/1-6/1 YOUTH COURT SVCS
DEPT
213021
7/27/2023
001097

ROADLINE PRODUCTS INC
TRAFFIC PAINT: STREET MAINT: PW
213022
7/27/2023
016778

ROW TRAFFIC SAFETY INC
TYPE 1 BARRICADES: PARKS: PW
213023
7/27/2023
013911

SANTA ROSA PLATEAU
FY 22/23 COMMUNITY SERVICE

FOUNDATION, DBASANTA

FUNDING

ROSA PLATEAU
213024
7/27/2023
019250

ST FRANCIS ELECTRIC LLC
ON -CALL TRAFFIC SIGNAL MAINT:

TRAFFIC: P
213025
7/27/2023
019018

SUNRUN INSTALLATION
REFUND: BLDG PERMITS: BLDG &

SRVCSINC
SAFETY
213026
7/27/2023
023445

T MOBILE WEST TOWER LLC
REFUND: LEASE OVERPAYMENT
213027
7/27/2023
008379

THE THEATER FOUNDATION
FY 22/23 COMMUNITY SERVICE

FUNDING
Amount Paid Check Total
407.80
407.80
6,815.00
6,815.00
890.79
890.79
100.30

78.28 30.44

13.23 222.25
16,943.60
16,943.60
4,227.81 4,227.81
1,893.31
388.35
2,281.66
274.16
274.16
4,452.19
4,452.19
2,925.61
2,925.61
5,000.00
5,000.00
8,020.76
8,020.76
1,473.60
1,473.60
144.48
144.48
33,750.00
33,750.00
Page3

apChkLst Final Check List Page: 4
07/27/2023 10:56:47AM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
213028
7/27/2023
002702

USPS POC, ACCOUNT
8089685
213029
7/27/2023
014486

VERIZON WIRELESS
213030
7/27/2023
020670

WEBB MUNICIPAL FINANCE
LLC
213031
7/27/2023
017366
WESTERN FLOORING, INC.
(Continued)
Description
MAY'23 POSTAGE METER DEPOSIT
JUN '23 POSTAGE METER DEPOSIT
6/11-7/10 TASK FORCE TABLETS:

POLICE
PROF SVCS: TEMECULA COMM
MAILING: PW
REFINISH FLOOR: CRC: PW
Amount Paid Check Total
4,995.14
1,355.24
6,350.38
462.35
462.35
2,069.59
2,069.59
4,308.20
4,308.20
Grand total for UNION BANK:
2,153,373.96
Page:4

apChkLst Final Check List Page: 5
07/27/2023 10:56:47AM CITY OF TEMECULA
48 checks in this report.

Grand Total All Checks: 2,153,373.96
Page:5

apChkLst
08/01/2023
5:24:48PM
Final Check List

CITY OF TEMECULA
Page: 1
Bank : union UNION BANK
Check #
Date Vendor
Description
Amount Paid Check Total
15086
7/11/2023 021434

MATRIX TELECOM LLC DBA
JUN 800 SERVICES: CIVIC CENTER

67.50 67.50
LINGO
15087
7/14/2023 000262

RANCHO CALIF WATER
VARIOUS WATER JUN BATCH 1
52,368.39 52,368.39

DISTRICT
Grand total for UNION BANK: 52,435.89
Page:1

apChkLst
08/01/2023
5:24:48PM
Final Check List

CITY OF TEMECULA
Page: 2
Bank: eunion EFT UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
505216
8/3/2023
023335

ASTER CONSTRUCTION,
CONST CONTRACT SVCS: MPSC
24,656.06
24,656.06

SERVICES INC

OUTDOOR REC AR
505217
8/3/2023
004248

CALIF DEPT OF JUSTICE
JUN FINGERPRINTING SVCS: POLICE
2,281.00

ACCTING
JUN FINGERPRINTING SVCS: TCSD
2,220.00
JUN BLOOD & ALCOHOL ANALYSIS:
1,295.00
JUN FINGERPRINTING SVCS: HR
196.00
5,992.00
505218
8/3/2023
022790

CLEARSTAR INC
PRE -EMPLOYMENT SCREENINGS: HR
811.71
PRE -EMPLOYMENT SCREENINGS: F
330.72
1,142.43
505219
8/3/2023
011870

CRIME SCENE STERI CLEAN
BIO-HAZARD CLEANUP: TEM SHERIFF
850.00
850.00
LLC
505220
8/3/2023
020648
DG INVESTMENT HOLDINGS 2
CITY SECURITY CAMERA SYST:
61,925.41
61,925.41

INC, CONVERGINT

FRIENDSHIP PA

TECHNOLOGIES
505221
8/3/2023
012217
DUDEK
CONSTRUCTION MGT SVCS: MPSC:
20,880.00
20,880.00
PW20-13
505222
8/3/2023
014865

FREIZE UHLER KIMBERLY DBA,
PROMOTIONAL ITEMS: SPEC EVENTS:
567.75
567.75

CLEAR BLUE PROMOTIONS
FIRE
505223
8/3/2023
021365

GEORGE HILLS COMPANY INC
SUBROGATION RECOVERY FEE: RISK
1,750.00
1,750.00
MGMT
505224
8/3/2023
015534
GOVERNMENT JOBS.COM INC,
REGIST: NEOGOV CONFERENCE: HR
3,972.00
3,972.00

DBA NEOGOV
505225
8/3/2023
006914

INNOVATIVE DOCUMENT
COLOR COPIER: WELCOME CENTER:
2,115.51
2,115.51

SOLUTIONS

INFO TECH
505226
8/3/2023
022671

JFL ELECTRIC INC
CNSTRCTN CONTRACT SVCS: FIBER
7,461.14
7,461.14

OPTIC SYS
505227
8/3/2023
004905

LIEBERT CASSIDY AND
JUN HR LEGAL SVCS FOR TE060-00001
892.50
892.50

WHITMORE
505228
8/3/2023
022664

MARIPOSA TREE
TREE SVCS: M-13 REDHAWK PARKWAY
34,843.61
34,843.61

MANAGEMENT INC
505229
8/3/2023
021370

MARK THOMAS AND COMPANY
JUN DSGN CONSULTANT SVCS:
7,147.50
7,147.50
INC

CHERRY ST EXT
505230
8/3/2023
004040

MORAMARCO ANTHONY J,
2ND SAT ART ROOM ACTIVITY: TVM
400.00
400.00

DBA BIGFOOT GRAPHICS
Paget

apChkLst Final Check List Page: 3
08/01/2023 5:24:48PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
505231 8/3/2023 002412 RICHARDS WATSON AND

GERSHON
505232 8/3/2023 005329 SAFE FAMILY JUSTICE

CENTERS
(Continued)
Description
Amount Paid Check Total
JUN 2023 LEGAL SERVICES
24,912.03
JUN 2023 LEGAL SERVICES
20,968.56
JUN 2023 LEGAL SERVICES
20,678.83
NOV 2022 LEGAL SERVICES
7,300.90
JUN 2023 LEGAL SERVICES
6,809.87
JUN 2023 LEGAL SERVICES
1,317.00
JUN 2023 LEGAL SERVICES
531.00
JUN 2023 LEGAL SERVICES
299.00 82,817.19
FY 2022-23 CDBG Subrecipient 3,719.82 3,719.82
505233
8/3/2023
023341
SMER RESEARCH 1 LLC
JUN SOLAR GENERATION: VARI
29,832.69

LOCATIONS
505234
8/3/2023
020545

SOCIAL WORK ACTION GROUP
JUN HOMELESS/STREET OUTREACH:
32,848.75
TCSD
JUN BRIDGE HOUSING/CDBG -CV: T
9,166.67
505235
8/3/2023
000519

SOUTH COUNTY PEST
PEST CONTROL SVCS: RYCREST &

94.00 CONTROL INC

VAILBROOK
505236
8/3/2023
010046

TV CONVENTION &VISITORS
MAY'23 BUS. IMPRV DISTRICT ASMNTS
228,300.47

BUREAU, DBA VISIT TEMECULA
VALLEY
505237
8/3/2023
020399

VOICES FOR CHILDREN
CDBG REIMBURSEMENT: APR-MAR'23
871.02
505238
8/3/2023
020275

WALLACE & ASSOC
JUN CONSTRUCTION MGMT SVCS:
378.00

CONSULTING LLC, ANSER
PW18-05

ADVISORY MNGMT LLC
Grand total for EFT UNION BANK:
29,832.69
42,015.42

94.00 228.300.47
871.02
378.00
562,624.52
Page:3

apChkLst Final Check List Page: 4
08/01/2023 5:24:48PM CITY OF TEMECULA
25 checks in this report.

Grand Total All Checks: 615,060.41
Page:4

apChkLst
08/03/2023
2:21:31PM
Final Check List

CITY OF TEMECULA
Page: 1
Bank:
union UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
213032
8/3/2023
000101

APPLEONE INC, DBA
JUN TEMP HELP: COMM DEV
3,472.56
3,472.56

APPLEONE
213033
8/3/2023
021689

ASCENT ENVIRONMENTAL INC
SEIR: TEM VLY HOSPITAL: PA22-0105
430.00
430.00
213034
8/3/2023
004262

BIO TOX LABORATORIES
PHLEBOTOMY SERVICES: TEM

51.55 51.55

SHERIFF
213035
8/3/2023
003048

BOYS AND GIRLS CLUB, OF
CDBG FY 2022-23 Subrecipient Before
7,226.00
7,226.00

SOUTHWEST COUNTY
and
213036
8/3/2023
005970

BUTTERFIELD STAGE
FY 22/23 COMMUNITY SERVICE
12,000.00
12,000.00

PLAYERS, DBA TEMECULA

FUNDING
VALLEY
213037
8/3/2023
021851

CALIF NEWSPAPERS
LEGAL PUBLICATION NOTICES:
2,330.82
2,330.82

PARTNERSHIP, DBA SO CALIF

PLANNING

NEWS GROUP
213038
8/3/2023
009640

CERTIFION CORP DBA
JUN ONLINE DATABASE SUBSCR:
200.00
200.00

ENTERSECT
POLICE
213039
8/3/2023
016530

COMMUNITY MISSION OF
CDBG REIMBURSEMENT: JUL'22 - JUN
7,226.00
7,226.00
HOPE
'23
213040
8/3/2023
008943

DEPT OF GENERAL SERVICES
APPEALS: CITY CLERK
7,751.25
DGS
APPEALS: CITY CLERK
3,644.00
APPEALS: CITY CLERK
810.50
APPEALS: CITY CLERK
16,246.50
28,452.25
213041
8/3/2023
000164

ESGIL LLC
MAY PLAN CK SVCS: COMDEV
18,646.32
18,646.32
213042
8/3/2023
015330

FAIR HOUSING COUNCIL, OF
JUN SUB -RECIPIENT: FAIR HOUSING
1,502.71
1,502.71

RIVERSIDE COUNTY INC
SVCS
213043
8/3/2023
019469

FALCON ENGINEERING
CNSTCTN MGMT SVCS: I-15/FVP
345,539.32
345,539.32

SERVICES

IMPROV PH II
213044
8/3/2023
020474

JULIE NGO AGENCY
TEM GRANT PRGM: COMM
10,000.00
10,000.00

REINVESTMENT
213045
8/3/2023
002187

LAKE ELSINORE ANIMAL
JUN ANIMAL CONTROL SVCS:
10,500.00
10,500.00

FRIENDS, DBAANIMAL

TEMECULA

FRIENDS OF
Page:1

apChkLst Final Check List Page: 2
08/03/2023 2:21:31PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
213046
8/3/2023
005690

MICHELLES PLACE CANCER,
FY 22/23 COMMUNITY SERVICE
18,000.00
18,000.00

RESOURCE CENTER

FUNDING
213047
8/3/2023
007409

OLD TOWN DINING LLC
TEM GRANT PRGM: COMM
10,000.00
10,000.00

REINVESTMENT
213048
8/3/2023
020127

QUINN COMPANY
GENERATOR MAINT: STA73: FIRE
558.87
GENERATOR MAINT: STA92: FIRE
558.87
GENERATOR MAINT: STA84: FIRE
558.87
1,676.61
213049
8/3/2023
000418

RIVERSIDE CO CLERK AND,
CEQA FILINGS: CIP: PW18-16

50.00 50.00

RECORDER
213050
8/3/2023
014027

RIVERSIDE CO ECO DEV
STAFFING: LIBRARY
34,580.00
34,580.00

AGENCY, LIBRARY DIV
213051
8/3/2023
000406

RIVERSIDE CO SHERIFFS
06/01/23-06/30/23 LAW ENFORCEMENT
3,146,725.63
DEPT
05/04-05/31 LAW ENFORCEMENT
2,887,103.01
6,033,828.64
213052
8/3/2023
008910

ROSENSTEIN & ASSOCIATES
TEM GRANT PRGM: COMM
10,000.00
10,000.00
APLC

REINVESTMENT
213053
8/3/2023
019997

SPURLOCK LANDSCAPE
ARCHITECTURAL SVCS: TOC-231:
850.00
850.00

ARCHITECTS
PLNG
213054
8/3/2023
017814

STC TRAFFIC INC
TRAFFIC ENG SVCS: CITYWIDE
10,013.00

SIGNAL REVIEW
TRAFFIC ENG SVCS: SUPPORT SVC
2,625.00
TRAFFIC ENG SVCS: SUPPORT SVC
750.00
13,388.00
213055
8/3/2023
023221

SWCA INCORPORATED
CONSULT SVCS: WILDFIRE
8,901.75
8,901.75

PROTECTION PLAN
213056
8/3/2023
003599

T Y LIN INTERNATIONAL
JUN CONSULTING SVCS: FV
779.35
779.35
PKWY/I-15: PH II
213057
8/3/2023
000919

TEMECULA VALLEY UNIFIED
FY22/23 JOINT USE FIELD RENO
25,617.12
25,617.12

SCHOOL, DISTRICT

AGRMNT PMT
213058
8/3/2023
004124

TRUELINE CONSTRUCTION
TENNIS COURT MAINT: TV HIGH
70,152.84
70,152.84

AND, SURFACING INC
SCHOOL: PARK
213059
8/3/2023
014866

TWM ROOFING INC
ROOF REPAIRS: JRC & CIVIC CENTER
19,345.00
19,345.00
213060 8/3/2023 020670 WEBB MUNICIPAL FINANCE SPECIAL TAXADMIN FY 22/23 4TH QTR 11,441.05 LLC
SPECIAL TAX ADMIN: TCSD SRVC LE 10,083.38 21,524.43
Paget

apChkLst Final Check List Page: 3
08/03/2023 2:21:31PM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check # Date Vendor Description Amount Paid Check Total 213061 8/3/2023 000339 WEST PUBLISHING JUN CLEAR SUBSCRIPTION: TEM 1,179.86 1,179.86

CORPORATION, DBATHOMSON SHERIFF

REUTERS
Grand total for UNION BANK: 6,717,451.13
Page:3

apChkLst Final Check List Page: 4
08/03/2023 2:21:31PM CITY OF TEMECULA
30 checks in this report.

Grand Total All Checks: 6,717,451.13
Page:4

Check# Check Date
Vendor# Vendor
Description
Invoice Net
600006 07/27/2023
2238 79 FIELD HOCKEY INC

TCSD INSTRUCTOR EARNINGS
$724.50
300024 08/03/2023
1411 AB MAILING SOLUTIONS
MAILING SVCS: THEATER BROCHURE: TCSD
$4,413.11
600020 08/03/2023
1512 ALLEGRO MUSICAL VENTURES
PIANO SVCS:THEATER:TCSD
$380.00
600021 08/03/2023
2233 ANN M HOWELL
GRAPHIC DESIGN SVCS: ECO DEV
$85.00
600007 07/27/2023
1805 AQUA CHILL OF SAN DIEGO
DRINKING WATER SRVCS:IT
$28.55
600008 07/27/2023
1980 B G P RECREATION INC

TCSD INSTRUCTOR EARNINGS
$2,821.70
600008 07/27/2023
1980 B G P RECREATION INC

TCSD INSTRUCTOR EARNINGS
$1,362.20
600008 07/27/2023
1980 B G P RECREATION INC

TCSD INSTRUCTOR EARNINGS
$300.30
600022 08/03/2023
1980 B G P RECREATION INC

TCSD INSTRUCTOR EARNINGS
$2,720.90
600022 08/03/2023
1980 B G P RECREATION INC

TCSD INSTRUCTOR EARNINGS
$1,913.56
600022 08/03/2023
1980 B G P RECREATION INC

TCSD INSTRUCTOR EARNINGS
$273.00
300005 07/27/2023
1383 BALLET FOLKLORICO

TCSD INSTRUCTOR EARNINGS
$150.00
600009 07/27/2023
3122 BEARD, RYAN

TCSD INSTRUCTOR EARNINGS
$1,764.00
600023 08/03/2023
3122 BEARD, RYAN

TCSD INSTRUCTOR EARNINGS
$1,690.50
600023 08/03/2023
3122 BEARD, RYAN

TCSD INSTRUCTOR EARNINGS
$1,764.00
300025 08/03/2023
2935 BETTS, KENNETH

TCSD INSTRUCTOR EARNINGS
$700.00
300025 08/03/2023
2935 BETTS, KENNETH

TCSD INSTRUCTOR EARNINGS
$700.00
600010 07/27/2023
2541 BRIGHTON HILL ACADEMY SPORTS & LEARNING ACADEMY

TCSD INSTRUCTOR EARNINGS
$1,960.00
600024 08/03/2023
2541 BRIGHTON HILL ACADEMY SPORTS & LEARNING ACADEMY

TCSD INSTRUCTOR EARNINGS
$1,764.00
600011 07/27/2023
2622 BROWN JAMAL DEON

TCSD INSTRUCTOR EARNINGS
$1,566.25
600011 07/27/2023
2622 BROWN JAMAL DEON

TCSD INSTRUCTOR EARNINGS
$1,449.00
600011 07/27/2023
2622 BROWN JAMAL DEON

TCSD INSTRUCTOR EARNINGS
$1,071.00
600011 07/27/2023
2622 BROWN JAMAL DEON

TCSD INSTRUCTOR EARNINGS
$1,837.50
600025 08/03/2023
2622 BROWN JAMAL DEON

TCSD INSTRUCTOR EARNINGS
$1,260.00
600025 08/03/2023
2622 BROWN JAMAL DEON

TCSD INSTRUCTOR EARNINGS
$2,100.00
600026 08/03/2023
2836 BRYANT, ROBERT

TCSD INSTRUCTOR EARNINGS
$1,680.00
600026 08/03/2023
2836 BRYANT, ROBERT

TCSD INSTRUCTOR EARNINGS
$627.20
600026 08/03/2023
2836 BRYANT, ROBERT

TCSD INSTRUCTOR EARNINGS
$588.00
600026 08/03/2023
2836 BRYANT, ROBERT

TCSD INSTRUCTOR EARNINGS
$735.00
600026 08/03/2023
2836 BRYANT, ROBERT

TCSD INSTRUCTOR EARNINGS
$686.00
600026 08/03/2023
2836 BRYANT, ROBERT

TCSD INSTRUCTOR EARNINGS
$1,008.00
600026 08/03/2023
2836 BRYANT, ROBERT

TCSD INSTRUCTOR EARNINGS
$1,243.20
600026 08/03/2023
2836 BRYANT, ROBERT

TCSD INSTRUCTOR EARNINGS
$621.60
600027 08/03/2023
2836 BRYANT, ROBERT

TCSD INSTRUCTOR EARNINGS
$336.00
600027 08/03/2023
2836 BRYANT, ROBERT

TCSD INSTRUCTOR EARNINGS
$362.60
600027 08/03/2023
2836 BRYANT, ROBERT

TCSD INSTRUCTOR EARNINGS
$358.40
600026 08/03/2023
2836 BRYANT, ROBERT

TCSD INSTRUCTOR EARNINGS
$448.00
600027 08/03/2023
2836 BRYANT, ROBERT

TCSD INSTRUCTOR EARNINGS
$327.04
600026 08/03/2023
2836 BRYANT, ROBERT

TCSD INSTRUCTOR EARNINGS
$2,576.00
300026 08/03/2023
3178 CARDOSO DENYS CA
PERF: CULTURE DAY: 07/07/23
$500.00
300006 07/27/2023
1280 CDW LLC
MISC SMALL TOOLS& EQUIP:IT
$82.05
600012 07/27/2023
1280 CDW LLC
MISC SMALL TOOLS& EQUIP:IT
$384.98
300007 07/27/2023
3138 CHING-YUN HU

DEPOSIT FOR PERFORMACE
$2,750.00
600028 08/03/2023
2030 CIVICPLUS LLC
RECREATION MNG SOFTWARE:TCSD
$32,201.34
600029 08/03/2023
1771 COSSOU, CELINE

TCSD INSTRUCTOR EARNINGS
$1,487.50
600029 08/03/2023
1771 COSSOU, CELINE

TCSD INSTRUCTOR EARNINGS
$2,100.00
300008 07/27/2023
1268 COSTCO TEMECULA 491
MISCSUPPLIES: MRC, MPSC & SFSP
$380.79
300008 07/27/2023
1268 COSTCOTEMECULA491
MISC SUPPLIES: SFSP
$1,017.58
300008 07/27/2023
1268 COSTCO TEMECULA 491
MISC SUPPLIES: SFSP
$1,333.77
300027 08/03/2023
1268 COSTCOTEMECULA 491
MISCSUPPLIES: MRC MPSC & SFSP
$1,617.35
600013 07/27/2023
2004 COX, KRISTI LYN

TCSD INSTRUCTOR EARNINGS
$75.00
600014 07/27/2023
1254 DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: PARK MAINT: PW
$2,110.25
600030 08/03/2023
1254 DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: STREETS: PW
$1,409.97
600030 08/03/2023
1254 DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: PARK MAINT
$2,542.23
600030 08/03/2023
1254 DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: TCSD
$557.84
600030 08/03/2023
1254 DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: INFO TECH
$93.77
600030 08/03/2023
1254 DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: STREET MAINT
$1,756.63
600031 08/03/2023
1243 ECALDRE MANALILI DE VILLA AILEEN

TCSD INSTRUCTOR EARNINGS
$150.00
300028 08/03/2023
3210 EMH SPORTS USA INC

TCSD INSTRUCTOR EARNINGS
$2,730.00
300028 08/03/2023
3210 EMH SPORTS USA INC

TCSD INSTRUCTOR EARNINGS
$2,240.00
300028 08/03/2023
3210 EMH SPORTS USA INC

TCSD INSTRUCTOR EARNINGS
$3,360.00
300029 08/03/2023
1703 FAITH AUTO GLASS & TINTING
WINDOWSHIELD REPAIR: HUMAN SVCS VAN
$340.29
300030 08/03/2023
1005 FEDERAL EXPRESS INC
EXPRESS MAIL SVCS: THEATER: TCSD
$13.85
600032 08/03/2023
1219 FINE ARTS NETWORK
TICKET SALES ADVANCE: LITTLE MERMAID
$17,000.00
600033 08/03/2023
1219 FINE ARTS NETWORK THEATRE CO, AND BALLET THEATER
STTLMNT: DISNEY'S LITTLE MERMAID
$2,608.71
300009 07/27/2023
1497 FULL COMPASS SYSTEMS
SOUND/LIGHTING SUPPLIES:THEATER:TCSD
$768.05
300010 07/27/2023
2239 GRANICUS LLC
AGENDA MGMT RENEWAL: CITY CLERK
$64,428.34
300011 07/27/2023
1791 HELIXSTORM INC
SECURITY SYSTEM SWITCHES SUPPORT: IT
$14,270.00
600015 07/27/2023
1585 1 P C INDUSTRIES INC
GOLF CART RENTALS: TCSD
$2,572.10
600015 07/27/2023
1585 1 P C INDUSTRIES INC
GOLF CART RENTALS: TCSD
$978.75
300031 08/03/2023
2076 ICMA

MEMBERSHIP RENEWAL CITY MGR OFC
$1,200.00
300013 07/27/2023
1934 MID AMERICA ARTS ALLIANCE
TVM EXHIBIT: WALKING IN ANTARTICA
$5,250.00

600016
07/27/2023
1241

MISSION ELECTRIC SUPPLY INC
ELECTRICAL SUPPLIES: CITY HALL: PW
$114.19
600016
07/27/2023
1241

MISSION ELECTRIC SUPPLY INC
ELECTRICAL SUPPLIES: LIBRARY: PW
$67.21
600016
07/27/2023
1241

MISSION ELECTRIC SUPPLY INC
ELECTRICAL SUPPLIES: CRC: PW
$249.04
600034
08/03/2023
1241

MISSION ELECTRIC SUPPLY INC
ELECTRICAL SUPPLIES: SENIOR CENTER: PW
$23.84
600017
07/27/2023
1118

MIYAMOTO JURKOSKY SUSAN

TCSD INSTRUCTOR EARNINGS
$318.50
600035
08/03/2023
1118

MIYAMOTO JURKOSKY SUSAN

TCSD INSTRUCTOR EARNINGS
$364.00
600035
08/03/2023
1118

MIYAMOTO JURKOSKY SUSAN

TCSD INSTRUCTOR EARNINGS
$364.00
600036
08/03/2023
1240

MORAMARCO ANTHONYJ

TCSD INSTRUCTOR EARNINGS
$500.00
600036
08/03/2023
1240

MORAMARCO ANTHONYJ

TCSD INSTRUCTOR EARNINGS
$2,522.63
600036
08/03/2023
1240

MORAMARCO ANTHONYJ

TCSD INSTRUCTOR EARNINGS
$2,658.25
600036
08/03/2023
1240

MORAMARCO ANTHONYJ

TCSD INSTRUCTOR EARNINGS
$1,519.00
600036
08/03/2023
1240

MORAMARCO ANTHONYJ

TCSD INSTRUCTOR EARNINGS
$500.00
300013
07/27/2023
1375

NORTH JEFFERSON BUSINESS PARK
JUL-SEP'23 ASSN DUES 8329 #17: FV
$531.43
300013
07/27/2023
1375

NORTH JEFFERSON BUSINESS PARK
JUL-SEP ASSN DUES 8358 #20: FV
$722.04
300013
07/27/2023
1375

NORTH JEFFERSON BUSINESS PARK
JUL-SEP'23 ASSN DUES 1810 #16: fv
$571.82
300013
07/27/2023
1375

NORTH JEFFERSON BUSINESS PARK
JUL-SEP'23 ASSN DUES 0155 #19: FV
$694.58
300014
07/27/2023
1835

PROQUEST LLC
ANCESTRY SOFTWARE RENEWAL:LIBRARY
$1,262.58
300015
07/27/2023
1134

RANCHO CALIF BUS PK ASSOC

JUL SEP BUS PK ASSN DUE DIAZ RD
$2,236.38
300015
07/27/2023
1134

RANCHO CALIF BUS PK ASSOC

JUL SEP BUS PK ASSN DUE FOC
$2,027.49
300015
07/27/2023
1134

RANCHO CALIF BUS PK ASSOC

JUL SEP BUS PK ASSN DUE DIAZ RD
$2,457.55
300032
08/03/2023
2431
EMPLOYEE # 00590
TEAM PACE PRIZE CLAIM: FINANCE
$196.26
600037
08/03/2023
2008

SARNOWSKI SHAWNA M PRESTON
PHOTOGRAPHY SVCS: MUSEUM/ACE
$275.00
600037
08/03/2023
2008

SARNOWSKI SHAWNA M PRESTON
PHOTOGRAPHY SVCS: MUSEUM/ACE
$275.00
600037
08/03/2023
2008

SARNOWSKI SHAWNA M PRESTON
PHOTOGRAPHY SVCS: SPECIAL EVENTS
$400.00
300016
07/27/2023
1168

SEA WORLD OF CALIFORNIA
SUMMER DAY CAMP EXCURSION: TCSD
$3,058.30
600038
08/03/2023
1780

SILVERMAN ENTERPRISES INC
SECURITY: SPECIAL EVENTS: TCSD
$5,731.50
600018
07/27/2023
1061

SMART AND FINAL INC
MISC SUPPLIES: MPSC: TCSD
$352.45
600018
07/27/2023
1061

SMART AND FINAL INC
MISC SUPPLIES: SFSP: TCSD
$285.75
600039
08/03/2023
1061

SMART AND FINAL INC
MISC SUPPLIES: SFSP: TCSD
$262.58
600039
08/03/2023
1061

SMART AND FINAL INC
MISC SUPPLIES: WORKFORCE DEV: TCSD
$183.48
300019
07/27/2023
1028

STADIUM PIZZA
RFRSHMNTS: CRC: TCSD
$285.35
300017
07/27/2023
1028

STADIUM PIZZA INC
RFRSHMNTS: WORKFORCE DEV: TCSD
$198.64
300017
07/27/2023
1028

STADIUM PIZZA INC
RFRSHMNTS: WORKFORCE DEV: TCSD
$175.85
300017
07/27/2023
1028

STADIUM PIZZA INC
RFRSHMNTS: WORKFORCE DEV: TCSD
$185.94
300017
07/27/2023
1028

STADIUM PIZZA INC
RFRSHMNTS: WORKFORCE DEV: TCSD
$172.34
300017
07/27/2023
1028

STADIUM PIZZA INC
RFRSHMNTS: WORKFORCE DEV: TCSD
$159.25
300017
07/27/2023
1028

STADIUM PIZZA INC
RFRSHMNTS: WORKFORCE DEV: TCSD
$76.56
300017
07/27/2023
1028

STADIUM PIZZA INC
RFRSHMNTS: WORKFORCE DEV: TCSD
$215.06
300017
07/27/2023
1028

STADIUM PIZZA INC
RFRSHMNTS: WORKFORCE DEV: TCSD
$181.18
300017
07/27/2023
1028

STADIUM PIZZA INC
RFRSHMNTS: WORKFORCE DEV: TCSD
$58.61
300018
07/27/2023
1028

STADIUM PIZZA INC
RFRSHMNTS: WORKFORCE DEV: TCSD
$67.74
300017
07/27/2023
1028

STADIUM PIZZA INC
RFRSHMNTS: WORKFORCE DEV: TCSD
$69.34
300017
07/27/2023
1028

STADIUM PIZZA INC
RFRSHMNTS: WORKFORCE DEV: TCSD
$146.62
300017
07/27/2023
1028

STADIUM PIZZA INC
RFRSHMNTS: WORKFORCE DEV: TCSD
$150.93
300017
07/27/2023
1028

STADIUM PIZZA INC
RFRSHMNTS: WORKFORCE DEV: TCSD
$206.59
300033
08/03/2023
1028

STADIUM PIZZA INC
RFRSHMNTS: AQUATICS: TCSD
$525.83
300034
08/03/2023
1452

STAPLES BUSINESS CREDIT
MISC OFC SUPPLIES: OPERATIONS: TCSD
$225.38
300035
08/03/2023
1495

STURDIVANT, ANGELA P

TCSD INSTRUCTOR EARNINGS
$2,352.00
300020
07/27/2023
1453

SUNBELT RENTALS INC
LIGHT TOWER/ POWER RENTALS: TCSD
$3,288.01
300036
08/03/2023
1453

SUNBELT RENTALS INC
LIGHT TOWER/ POWER RENTALS: TCSD
$11,761.57
300037
08/03/2023
3179

TEMECULA AUTO GLASS INC
WINDSHIELD INSTALL: STREET MAINT: PW
$560.31
600040
08/03/2023
1063

TIMMY D PRODUCTIONS INC
DJ SVCS: CULTURE DAYS AND ART NIGHTS MUSIC
$850.00
600040
08/03/2023
1063

TIMMY D PRODUCTIONS INC
DJ/MC/SOUND SERVICES: SPECIAL EVENTS
$1,000.00
600040
08/03/2023
1063

TIMMY D PRODUCTIONS INC
DJ/MC/SOUND SERVICES: SPECIAL EVENTS
$45,012.00
600041
08/03/2023
2421

TITAN RENTALS GROUP INC
TITAN RENTALS: CANOPIES & EQUIPMENT: SPECIAL EVENI
$4,076.86
600041
08/03/2023
2421

TITAN RENTALS GROUP INC
TITAN RENTALS: CANOPIES & EQUIPMENT: SPECIAL EVENI
$4,974.65
600019
07/27/2023
2089

TNT ENTERTAINMENT GROUP LLC
DJ/MC/SOUND SERVICES: TCSD
$4,300.00
600042
08/03/2023
2410
EMPLOYEE # 00534
REIMB: TEAM PACE
$139.84
300038
08/03/2023
2827

TRANSPORTATION CHARTER SRVS
SDC TRANSPORTATION 7/6/23
$4,851.54
600043
08/03/2023
2142

URBANE CAFE
RFRSHMNTS: TVM/ACE EVENTS
$308.19
600043
08/03/2023
2142

URBANE CAFE
RFRSHMNTS: WORKSHOPS: TVE2
$265.23
600043
08/03/2023
2142

URBANE CAFE
REFRESHMNTS: MEETINGS: TVE2
$188.68
600044
08/03/2023
2077

VILLANUEVA, CHRISTOPHER

TCSD INSTRUCTOR EARNINGS
$1,417.50
600044
08/03/2023
2077

VILLANUEVA, CHRISTOPHER

TCSD INSTRUCTOR EARNINGS
$1,512.00
600044
08/03/2023
2077

VILLANUEVA, CHRISTOPHER

TCSD INSTRUCTOR EARNINGS
$1,134.00
600044
08/03/2023
2077

VILLANUEVA, CHRISTOPHER

TCSD INSTRUCTOR EARNINGS
$850.50
600045
08/03/2023
2034

WADDLETON, JEFFREY L

TCSD INSTRUCTOR EARNINGS
$1,059.10
600045
08/03/2023
2034

WADDLETON, JEFFREY L
DJ/MC: SPECIAL EVENTS: TCSD
$525.00
300021
07/27/2023
1439

WALMART
MISC SUPPLIES: CRC: TCSD
$576.22
300021
07/27/2023
1439

WALMART
MISC SUPPLIES: CRC: TCSD
$152.26
300021
07/27/2023
1439

WALMART
MISC SUPPLIES: CRC: TCSD
$58.33
300022
07/27/2023
1439

WALMART
MISC SUPPLIES: CRC: TCSD
$684.12
300021
07/27/2023
1439

WALMART
MISC SUPPLIES: RESPONSIBLE COMPASSION: TCSD
$483.44

300021
07/27/2023
1439 WALMART
MISC SUPPLIES: WORKFORCE DEV PROGRAM: TCSD
$376.12
300039
08/03/2023
1439 WALMART
MISC SUPPLIES: CRC: TCSD
$635.51
300039
08/03/2023
1439 WALMART
MISC SUPPLIES: CRC: TCSD
$26.46
300039
08/03/2023
1439 WALMART
MISC SUPPLIES: CRC: TCSD
$386.78
300039
08/03/2023
1439 WALMART
MISC SUPPLIES: CRC: TCSD
$814.93
300023
07/27/2023
2069 WONDER SCIENCE

TCSD INSTRUCTOR EARNINGS
$4,816.00
300023
07/27/2023
2069 WONDER SCIENCE

TCSD INSTRUCTOR EARNINGS
$4,620.00
300023
07/27/2023
2069 WONDER SCIENCE

TCSD INSTRUCTOR EARNINGS
$4,732.00
300040
08/03/2023
2069 WONDER SCIENCE

TCSD INSTRUCTOR EARNINGS
$4,704.00
Total Munis
$364,026.46

Item No. 4

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: August 22, 2023
SUBJECT: Approve City Treasurer's Report as of May 31, 2023 PREPARED BY: Jordan Snider, Senior Accountant
RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of May 31, 2023.

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 as of May 31, 2023.

FISCAL IMPACT: None
ATTACHMENTS: City Treasurer's Report as of May 31, 2023

'tll
LLJ149
Investments
City of Temecula
Portfolio Managment Treasury Report 41000 Main Street
Portfolio Management Temecula, 92590
g (951)694-6430
Portfolio Summary
May 31, 2023
Par
Market
Book
% of
Days to
YTM
YTM
Value
Value
Value
Portfolio
Term Maturity
360 Equiv.
365 Equiv.

Managed Pool Accounts
34,223,086.64
34,223,086.64
34,223,086.64

16.52 1
1 4.051

4.108
Letter of Credit

3.00 3.00

3.00 0.00
1 1

0.000

0.000
Trust Accounts
14,145,986.69
14,145,986.69
14,145,986.69

6.83 1
1 0.533

0.540
Local Agency Investment Funds
102,553,388.43
101,169,976.97
102,553,388.43

49.52 1
1 0.249

0.252
Money Market
6,907,992.90
6,907,992.90
6,907,992.90

3.34 1
1 2.091

2.120
Medium Term Notes
12,000,000.00
11,673,170.00
11,638,260.00

5.62 717
490

4.691

4.756
Federal Agency Callable Securities
17,000,000.00
15,569,730.00
16,997,500.00

8.21 1,590
868

0.723

0.733
Treasury Coupon Securities
15,000,000.00
14,763,620.00
14,705,937.51

7.10 493
286

4.415

4.476
Federal Agency Bullet Securities
5,000,000.00
4,892,550.00
4,945,480.00

2.39 898
191

1.969

1.996
Supranational
1,000,000.00
981,030.00
985,430.00

0.48 634
396

4.069

4.126
207,830,457.66
204,327,146.20
207,103,065.17
100.00%
231
126

1.601

1.624
Investments
Cash
Passbook/Checking 27,993,101.78 27,993,101.78 27,993,101.78 1 1 0.000 0.000 (not included in yield calculations)
Total Cash and Investments 235,823,559.44 232,320,247.98 235,096,166.95 231 126 1.601 1.624 Total Earnings
Current Year
Average Daily Balance
Effective Rate of Return
May 31 Month Ending
223,286.75
215,386,448.40

1.22%
Fiscal Year To Date
2,019,032.45
217,774,984.78

1.01 %
Reporting period 05/01/2023-05/31/2023 Portfolio TEME
Data Updated: SET_MTH: 08/07/2023 09:09 NL! CP
Run Date: 08/07/2023 - 09:09 PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
May 31, 2023

Average
Purchase
Stated
YTM
YTM
Days to Maturity
CUSIP
Investment #
Issuer Balance
Date
Par Value
Market Value
Book Value
Rate
360
365 Maturity Date
Managed Pool Accounts
233358001-6
01-2 BOND F
First Amer Govt Oblig Fund Cl

57.11 57.11

57.11 4.920

4.853

4.920
1 233358006-6
01-2 REF RES
First Amer Govt Oblig Fund Cl
503,823.01
503,823.01
503,823.01

4.930

4.862

4.930
1 233358000-6
01-2 REF ST
First Amer Govt Oblig Fund Cl
185,996.79
185,996.79
185,996.79

4.930

4.862

4.930
1 233358005-1
01-2 SPECF
First Amer Govt Oblig Fund Cl
09/30/2022
12,238.41
12,238.41
12,238.41

4.930

4.862

4.930
1 276213009-6
03-02 COI
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 276213008-6
03-02 IMPR
First Amer Govt Oblig Fund Cl
748.58
748.58
748.58

4.930

4.862

4.930
1 276213006-6
03-02 RES
First Amer Govt Oblig Fund Cl
762,380.15
762,380.15
762,380.15

4.930

4.862

4.930
1 164741029-0
03-03 22 COI
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 4.060

4.004

4.060
1 164741028-0
03-03 22 IF
First Amer Govt Oblig Fund Cl
199,849.28
199,849.28
199,849.28

4.930

4.862

4.930
1 164741010-0
03-03 22 SPE
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 164741026-6
03-03 22 SRB
First Amer Govt Oblig Fund Cl
424,497.27
424,497.27
424,497.27

4.930

4.862

4.930
1 164741020-0
03-03 22 STIR
First Amer Govt Oblig Fund Cl
598,924.39
598,924.39
598,924.39

4.930

4.862

4.930
1 164741002-6
03-03 BOND F
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.620

0.612

0.620
1 164741022
03-03 STRB
First Amer Govt Oblig Fund Cl
08/01/2022

2.20 2.20

2.20 5.000

4.932

5.000
1 164741008-6
03-03IMP
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.620

0.612

0.620
1 164741006-6
03-03RES
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.180

0.178

0.180
1 164741000-6
03-03SPEC
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.620

0.612

0.620
1 164742002-6
03-06 BOND F
First Amer Govt Oblig Fund Cl

88.12 88.12

88.12 4.920

4.853

4.920
1 164742000-6
03-06SPEC
First Amer Govt Oblig Fund Cl
155,574.65
155,574.65
155,574.65

4.930

4.862

4.930
1 229462007-6
03-1 2012 RF
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 229462002--6
03-1 BOND FD
First Amer Govt Oblig Fund Cl

0.01 0.01

0.01 4.330

4.271

4.330
1 229462009-6
03-1 COI
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 229462006-6
03-1 RESERV
First Amer Govt Oblig Fund Cl
17,723.29
17,723.29
17,723.29

4.930

4.862

4.930
1 229462000-6
03-1 SPECF
First Amer Govt Oblig Fund Cl
389,310.28
389,310.28
389,310.28

4.930

4.862

4.930
1 94669921-6
03-1ACQ11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.870

0.858

0.870
1 94669911-6
03-1ACQA11
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94669917-6
03-1 RES
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94669916-6
03-1 RESB11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 94669000-6
03-1 SPTAX11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 276213002-6
03-2 REFU
First Amer Govt Oblig Fund Cl

2.32 2.32

2.32 4.740

4.675

4.740
1 276213000-6
03-2 SPEC
First Amer Govt Oblig Fund Cl
325,210.32
325,210.32
325,210.32

4.930

4.862

4.930
1 94686001-6
034ADMIN11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.060

0.059

0.060
1 94686005-6
034PREP11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.070

0.069

0.070
1 94686000-6
034RED11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.050

0.049

0.050
1 94686006-6
034RES11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.060

0.059

0.060
1 276213022-6
16-01 BOND F
First Amer Govt Oblig Fund Cl

0.18 0.18

0.18 5.560

5.484

5.560
1 Data Updated: SET_MTH: 08/07/2023 09:09
Run Date: 08/07/2023 - 09:09
Portfolio TEME
NL! CP
PM (PRF_PM2) 7.3.0
Report Ver. 7.3.6.1

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
May 31, 2023

Average
Purchase
Stated
YTM
YTM
Days to Maturity
CUSIP
Investment #
Issuer Balance
Date
Par Value
Market Value
Book Value
Rate
360
365 Maturity Date
Managed Pool Accounts
276213033
16-01 CAPIN2
First Amer Govt Oblig Fund Cl
03/01/2023
138,689.50
138,689.50
138,689.50

4.930

4.862

4.930
1 276213023-6
16-01 CAPINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.870

0.858

0.870
1 276213029-6
16-01 COI
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 276213039
16-01 C012
First Amer Govt Oblig Fund Cl
03/01/2023
102,961.51
102,961.51
102,961.51

4.930

4.862

4.930
1 276213028-6
16-01 IMP
First Amer Govt Oblig Fund Cl
1,955,009.76
1,955,009.76
1,955,009.76

4.930

4.862

4.930
1 276213038
16-01 IMPF2
First Amer Govt Oblig Fund Cl
03/01/2023
7,569,834.24
7,569,834.24
7,569,834.24

4.930

4.862

4.930
1 276213026-6
16-01 RESERV
First Amer Govt Oblig Fund Cl
3,212,813.33
3,212,813.33
3,212,813.33

4.930

4.862

4.930
1 276213020-6
16-01SPECF
First Amer Govt Oblig Fund Cl
1,149,860.03
1,149,860.03
1,149,860.03

4.930

4.862

4.930
1 276213025-1
16-01 SPECTF
First Amer Govt Oblig Fund Cl
09/30/2022
22,408.39
22,408.39
22,408.39

4.930

4.862

4.930
1 276213036
16-01 RESF2
First Amer Govt Oblig Fund Cl
03/01/2023
247,211.45
247,211.45
247,211.45

4.930

4.862

4.930
1 218848001-6
2017A&B INT
First Amer Govt Oblig Fund Cl

0.97 0.97

0.97 5.150

5.079

5.150
1 218848008-6
2017ABPRIORP
First Amer Govt Oblig Fund Cl
18,488.64
18,488.64
18,488.64

4.930

4.862

4.930
1 218848013-2
2017B COI
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 218848000-6
2017B DS
First Amer Govt Oblig Fund Cl
1,461,689.66
1,461,689.66
1,461,689.66

4.930

4.862

4.930
1 218848002-6
2017B PRIN
First Amer Govt Oblig Fund Cl

6.80 6.80

6.80 5.000

4.932

5.000
1 218848009-6
2017B_PROJ
First Amer Govt Oblig Fund Cl
5,327,651.57
5,327,651.57
5,327,651.57

4.930

4.862

4.930
1 233358009-6
233358009-6
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94434160-6
RDA-021NT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 94434161-6
RDA-02PRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886000-6
RDA-06AINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886001-6
RDA06APRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886010-6
RDA06BINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886011-6
RDA06BPRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.680

0.671

0.680
1 107886016-6
RDA06BRES
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.940

0.927

0.940
1 107886020-6
RDA071NT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886021-6
RDA07PRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.930

0.917

0.930
1 107886028-6
RDA07PROJ
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.940

0.927

0.940
1 107886026-6
RDA07RES
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.940

0.927

0.940
1 136343008-6
RDA10APROJ
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 136343018-6
RDA10BPROJ
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 136343000-6
RDA10INT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 136343001-6
RDA10PRIN
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 136343006-6
RDA10RSRV
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 146161000-6
RDA11AINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 146161001-6
RDA11APRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 94669902-3
03-1 BOND3
First American Treasury
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 Data Updated: SET_MTH: 08/07/2023 09:09
Run Date: 08/07/2023 - 09:09
Portfolio TEME
NL! CP
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
May 31, 2023

CUSIP
Investment #
Average
Issuer Balance
Purchase
Date
Par Value
Market Value
Book Value
Stated
Rate
YTM
360
YTM Days to Maturity
365 Maturity Date
Managed Pool Accounts
94434160-1
RDA 02 INT1
First American Treasury

0.00 0.00

0.00 0.010

0.010

0.010
1 94434161-2
RDA 02 PRIN2
First American Treasury

0.00 0.00

0.00 0.010

0.010

0.010
1 136343018-2
RDA 10B CIP2
First American Treasury

0.00 0.00

0.00 0.010

0.010

0.010
1 146161008-3
RDA11APROJ
Federated Institutional Tax Fr

0.00 0.00

0.00 0.800

0.789

0.800
1 146161006-3
RDA11ARSRV
Federated Institutional Tax Fr
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94669921-5
03-01 ACQ11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669911-5
03-01 ACQA11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669917-5
03-01 RES
Federated Tax Free Obligations
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94669906-5
03-01 RESA11
Federated Tax Free Obligations

0.00 0.00

0.00 0.001

0.001

0.001
1 94669916-5
03-01 RESB11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669000-5
03-01SPTAX11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 164742006-5
03-06 RES
Federated Tax Free Obligations
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 164742000-5
03-06 SPEC
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669902-5
03-1 bond fd
Federated Tax Free Obligations
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94686001-5
034 ADMIN11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94686005-5
034 PREP11
Federated Tax Free Obligations
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94686006-5
034 RES11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669917-1
03-01-1 RES
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 276213008-1
03-02 IMP
CA Local Agency Investment Fun
8,296,399.88
8,296,399.88
8,296,399.88

2.010

1.982

2.010
1 164742006-1
03-06 RES-1
CA Local Agency Investment Fun
312,326.88
312,326.88
312,326.88

4.930

4.862

4.930
1 229462007-1
03-1 2012 RE
CA Local Agency Investment Fun
831,306.78
831,306.78
831,306.78

0.221

0.218

0.221
1 94669911-1
03-1 ACQ A2
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 94669921-1
03-1 ACQ B2
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 744727011-1
03-3 ACQ 2
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 164741006-1
0303-1 RES
CA Local Agency Investment Fun

0.00 0.00

0.00 0.620

0.612

0.620
1 107886028-1
RDA 07 PRO-1
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 107886026-1
RDA 07 RES-1
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 136343018-1
RDA 10B CIP1
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 229462020-0
03-01 CASH
USBANK

0.89 0.89

0.89 0.000

0.000
1 164742006-0
03-06 Cash
USBANK
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 233358050-1
01-2 SPECESC
U.S. Treasury

0.00 0.00

0.00 0.360

0.355

0.360
1 Subtotal
and Average 33,203,682.11
34,223,086.64
34,223,086.64
34,223,086.64

4.051

4.108
1 Retention Escrow Account

NOBEL COMPANY
3354
Banner Bank

0.00 0.00

0.00 0.150

0.148

0.150
1 Portfolio TEME
Data Updated: SET_MTH:
08/07/2023
09:09
NL! CP
Run Date: 08/07/2023 - 09:09
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
May 31, 2023

Average
Purchase
Stated
YTM
YTM
Days to Maturity
CUSIP
Investment # Issuer Balance
Date
Par Value
Market Value
Book Value Rate
360
365 Maturity Date
Retention Escrow
Account
218848050-0
2002 ESCROW USBANK
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 218848060-0
2006AESCRO USBANK
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 218848070-0
2006BESCRO USBANK
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 218848080-0
2007ESCROW USBANK
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 229462020-2
03-01 ESCROW U.S. Treasury

0.00 0.00

0.00 0.063

0.062

0.063
1 Subtotal and Average 0.00

0.00 0.00

0.00 0.000

0.000
0 Letter of Credit
164741026-1
03-03 22 Res ASSURED GUARANTY MUNICIPAL COR
07/01/2022

1.00 1.00

1.00 0.000

0.000
1 218848006-1
2017B RESER ASSURED GUARANTY MUNICIPAL COR
07/01/2022

1.00 1.00

1.00 0.000

0.000
1 233358006-1
01-2 REFRESI ASSURANCE CO BOND INSURANCE
07/01/2022

1.00 1.00

1.00 0.000

0.000
1 Subtotal and Average 3.00

3.00 3.00

3.00 0.000

0.000
1 Trust Accounts
6746058700 PARS Pension US Bank Trust 14,145,986.69 14,145,986.69 14,145,986.69 0.540 0.533 0.540 1 Subtotal and Average 14,236,428.00 14,145,986.69 14,145,986.69 14,145,986.69 0.533 0.540 1 Local Agency Investment Funds
SYSCITY CITY CA Local Agency Investment Fun
72,909,366.30
71,925,842.94
72,909,366.30

0.206 0.203

0.206
1 SYSRDA RDA CA Local Agency Investment Fun
1,927.61
1,901.61
1,927.61

0.365 0.360

0.365
1 SYSTCSD TCSD CA Local Agency Investment Fun
29,642,094.52
29,242,232.42
29,642,094.52

0.365 0.360

0.365
1 Subtotal and Average 102,553,388.43
102,553,388.43
101,169,976.97
102,553,388.43

0.249

0.252
1 Money Market
31846V542
Money Mkt
USBANK
08/31/2022
6,907,992.90
6,907,992.90
6,907,992.90

2.120

2.091

2.120
1 Subtotal and Average 5,085,941.45
6,907,992.90
6,907,992.90
6,907,992.90

2.091

2.120
1 Medium Term Notes
04685A3J8
01285
Athene Global Funding
10/06/2022
2,000,000.00
1,929,380.00
1,920,360.00

2.514

5.385

5.460
281 03/08/2024
06406RAJ6
01282
Bank of NY Mellon Corp
09/27/2022
1,000,000.00
996,580.00
994,200.00

3.450

4.100

4.157
71 08/11/2023
14913Q21-2
01276
Caterpillar Financial Service
08/31/2022

0.00 0.00

0.00 3.450

3.398

3.445
15 05/15/2023
25160PAM9
01292
Deutsche Bank NY
11/14/2022
1,000,000.00
987,450.00
961,560.00

5.371

6.220

6.306
1,561 09/09/2027
46849LSQ5
01294
Jackson Natl Life Global
12/23/2022
2,000,000.00
1,849,600.00
1,879,480.00

3.050

4.957

5.026
1,063 04/29/2026
594918BQ6
01279
Microsoft Corp
09/07/2022
2,000,000.00
1,990,320.00
1,973,940.00

2.000

3.403

3.451
68 08/08/2023
21688AAU6
01284
Cooperat Rabobank UA/NY
09/30/2022
2,000,000.00
1,964,400.00
1,968,180.00

3.875

4.696

4.761
448 08/22/2024
Portfolio TEME
Data Updated: SET_MTH:
08/07/2023 09:09
NL! CP
Run Date: 08/07/2023 - 09:09
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
May 31, 2023

Average
Purchase
Stated
YTM
YTM
Days to Maturity
CUSIP
Investment # Issuer
Balance
Date
Par Value
Market Value
Book Value
Rate
360
365 Maturity Date
Medium Term Notes
89236TJX4
01288
Toyota Motor Credit Corp
10/14/2022
2,000,000.00
1,955,440.00
1,940,540.00

2.500

4.595

4.659
295 03/22/2024
Subtotal and Average
12,541,485.81
12,000,000.00
11,673,170.00
11,638,260.00

4.691

4.756
490
Federal Agency Callable Securities
3133EMQGO
01259
Federal Farm Credit Bank
02/10/2021
1,000,000.00
922,130.00
1,000,000.00

0.320

0.316

0.320
620 02/10/2025
3133EMK92
01265
Federal Farm Credit Bank
06/23/2021
1,000,000.00
917,430.00
1,000,000.00

0.580

0.572

0.580
753 06/23/2025
3133EMN57
01266
Federal Farm Credit Bank
06/28/2021
1,000,000.00
948,660.00
1,000,000.00

0.440

0.434

0.440
393 06/28/2024
3133EMP22
01267
Federal Farm Credit Bank
06/30/2021
1,000,000.00
894,590.00
1,000,000.00

0.910

0.898

0.910
1,125 06/30/2026
3133ENAP5
01273
Federal Farm Credit Bank
10/14/2021
1,000,000.00
913,910.00
1,000,000.00

0.800

0.789

0.800
866 10/14/2025
313OAKQ41
01258
Federal Home Loan Bank
01/28/2021
1,000,000.00
907,270.00
1,000,000.00

0.520

0.513

0.520
972 01/28/2026
3130ALEU4
01260
Federal Home Loan Bank
02/25/2021
1,000,000.00
930,460.00
1,000,000.00

0.350

0.345

0.350
543 11/25/2024
3130ALWV2
01261
Federal Home Loan Bank
04/21/2021
1,000,000.00
917,410.00
1,000,000.00

0.550

1.011

1.025
1,055 04/21/2026
3130AM2V3
01262
Federal Home Loan Bank
04/29/2021
1,000,000.00
934,190.00
1,000,000.00

0.700

0.690

0.700
698 04/29/2025
3130AMNMO
01263
Federal Home Loan Bank
05/27/2021
1,000,000.00
911,390.00
1,000,000.00

0.500

0.493

0.500
1,091 05/27/2026
3130AMM90
01264
Federal Home Loan Bank
06/10/2021
1,000,000.00
911,360.00
1,000,000.00

0.500

1.973

2.000
1,105 06/10/2026
3130AN4N7
01268
Federal Home Loan Bank
07/14/2021
1,000,000.00
918,690.00
1,000,000.00

0.720

0.710

0.720
774 07/14/2025
3130ANAZ3
01269
Federal Home Loan Bank
07/28/2021
1,000,000.00
930,650.00
1,000,000.00

0.600

0.592

0.600
697 04/28/2025
3130AP3M5
01270
Federal Home Loan Bank
09/28/2021
1,000,000.00
928,380.00
1,000,000.00

0.550

0.542

0.550
666 03/28/2025
3134GXJL9
01257
Federal Home Loan Mtg Corp
12/30/2020
1,000,000.00
899,560.00
1,000,000.00

0.500

0.493

0.500
943 12/30/2025
3130APBV6
01271
Union Bank
10/07/2021
1,000,000.00
891,030.00
999,000.00

1.000

1.007

1.021
1,224 10/07/2026
3130APAM7
01272
Union Bank
10/14/2021
1,000,000.00
892,620.00
998,500.00

0.900

0.918

0.931
1,231 10/14/2026
Subtotal and Average
16,997,500.00
17,000,000.00
15,569,730.00
16,997,500.00

0.723

0.733
868
Treasury Coupon Securities
912828T26
01281
U.S. Treasury
09/26/2022
2,000,000.00
1,973,760.00
1,945,703.13

1.375

4.088

4.145
121 09/30/2023
91282CEX5
01283
U.S. Treasury
09/29/2022
2,000,000.00
1,954,760.00
1,960,312.50

3.000

4.126

4.184
395 06/30/2024
91282CEX5
01287
U.S. Treasury
10/13/2022
2,000,000.00
1,954,760.00
1,955,312.50

3.000

4.304

4.364
395 06/30/2024
9128285P1
01289
U.S. Treasury
10/19/2022
2,000,000.00
1,976,480.00
1,966,093.75

2.875

4.387

4.448
182 11/30/2023
9128285UO
01290
U.S. Treasury
10/19/2022
2,000,000.00
1,969,540.00
1,957,265.63

2.625

4.412

4.473
213 12/31/2023
91282CFQ9
01291
U.S. Treasury
11/04/2022
2,000,000.00
1,987,180.00
1,988,281.25

4.375

4.622

4.687
518 10/31/2024
912828V23
01295
U.S. Treasury
02/09/2023
3,000,000.00
2,947,140.00
2,932,968.75

2.250

4.778

4.844
213 12/31/2023
Subtotal and Average
14,705,937.51
15,000,000.00
14,763,620.00
14,705,937.51

4.415

4.476
286
Data Updated: SET_MTH: 08/07/2023 09:09
Run Date: 08/07/2023 - 09:09
Portfolio TEME
NL! CP
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
May 31, 2023

Average
Purchase
Stated
YTM
YTM
Days to Maturity
CUSIP
Investment #
Issuer Balance
Date
Par Value
Market Value
Book Value
Rate
360
365 Maturity Date
Federal Agency
Bullet Securities
3133ELMA9
01254
Federal Farm Credit Bank
02/07/2020
1,000,000.00
992,860.00
1,000,000.00

1.420

1.401

1.420
67 08/07/2023
3133ELTU8
01256
Federal Farm Credit Bank
03/18/2020
1,000,000.00
968,000.00
1,000,000.00

0.920

0.907

0.920
291 03/18/2024
3133ENCA6
01274
Federal Farm Credit Bank
10/25/2021
1,000,000.00
942,910.00
1,000,000.00

0.700

0.690

0.700
512 10/25/2024
3135GO5G4
01278
Federal National Mtg Assn
09/02/2022
2,000,000.00
1,988,780.00
1,945,480.00

0.250

3.464

3.512
39 07/10/2023
Subtotal and Average 4,945,480.00
5,000,000.00
4,892,550.00
4,945,480.00

1.969

1.996
191
Supranational
4581XOEE4
01286 Inter -American Devel Bk
Subtotal and Average
Total and Average
985,430.00
215,386,448.40
10/06/2022
1,000,000.00
1,000,000.00
207,830,457.66
981,030.00
981,030.00
204, 327,146.20
985,430.00

3.250 4.069

4.126
396 07/01/2024
985,430.00

4.069

4.126
396
207,103,065.17

1.601

1.624
126
Portfolio TEME
Data Updated: SET_MTH: 08/07/2023 09:09 NL! CP
Run Date: 08/07/2023 - 09:09
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Cash
May 31, 2023

Average
Purchase
Stated
YTM
YTM
Days to
CUSIP
Investment #
Issuer Balance
Date
Par Value
Market Value
Book Value Rate
360
365 Maturity
Passbook/Checking
Accounts
1453718479

WORKERS

BANK OF AMERICA MERRILL LYNC
07/01/2022
21,242.22
21,242.22
21,242.22

0.000

0.000
1 SYSPetty Cash
Petty Cash
City of Temecula
07/01/2022
3,911.00
3,911.00
3,911.00

0.000

0.000
1 SYSGen Ck Acct
Gen Ck Acct
Union Bank of California
27,954,161.56
27,954,161.56
27,954,161.56

0.000

0.000
1 SYSParking Ck

PARKING CITA
Union Bank of California
07/01/2022
13,787.00
13,787.00
13,787.00

0.000

0.000
1 Average Balance 0.00
Total Cash and Investments
215,386,448.40
0 235,823,559.44 232,320,247.98 235,096,166.95 1.601 1.624 126 Portfolio TEME
Data Updated: SET_MTH: 08/07/2023 09:09 NL! CP
Run Date: 08/07/2023 - 09:09
PM (PRF_PM2) 7.3.0

Cash and Investments Report

CITY OF TEMECULA
Through May 2023
Fund 9 Fund Name Beginning Balance Receipts Disbursements Fund Total 001

GENERAL FUND
$
46,614,378.88 $
10,904,125.58 $
5,345,598.58
$
52,172,905.88
002

MEASURE S FUND
41,104,154.48
3,300,656.98
44,404,811.46
006

FIRE FACILITY ACQUISITION FUND
1,518,755.18
5,304.84
$
1,524,060.02
100

STATE GAS TAX FUND
2,349,905.37
171,973.24
2,521,878.61
102

RMRA-ROAD MAINTENANCE REHABILITATION ACT
3,399,294.07
188,712.28
3,588,006.35
103

STREETS MAINTENANCE FUND
7,000,416.04
18,931.76
7,019,347.80
105
NPDES
175,821.35
512.56
176,333.91
106

UPTOWN TEMECULA NEW STREETS IN LIEU FEES
899,948.74
2,620.80
902,569.54
110
COVID-19 PANDEMIC COMMUNITY REINVESTMENT
12,247,507.25
10,000.00
391,623.40
11,865,883.85
120

DEVELOPMENT IMPACT FUND
13,546,335.93
224,585.36
-
13,770,921.29
125

PEG PUBLIC EDUCATION & GOVERNMENT
798,854.95
45,561.37
844,416.32
145

TEMECULA ENERGY EFFICIENCY ASSET TEAM
844,091.99
2,948.32
847,040.31
150
AB 2766 FUND
352,145.29
1,148.40
353,293.69
160

SUPPLEMENTAL LAW ENFORCEMENT SERVICES
172,706.19
8,869.89
181,576.08
161

TEMECULA MAJOR CRIMES REWARD FUND

53.44 -
-

53.44 165

AFFORDABLE HOUSING
5,358,531.70
18,931.98
9,957.24
5,367,506.44
170

MEASURE A FUND
8,912,364.34
34,041.57
359,541.98
8,586,863.93
190

TEMECULA COMMUNITY SERVICES DISTRICT
2,088,887.34
2,349,469.92
1,016,779.19
3,421,578.07
191
TCSD SERVICE LEVEL "B" STREET LIGHT REPLACEMENT
863,506.08
3,016.14
-
866,522.22
192
TCSD SERVICE LEVEL "B" STREET LIGHTS
371,639.75
290,704.73
26,464.50
635,879.98
194
TCSD SERVICE LEVEL "D" REFUSE/RECYCLING
827,101.47
4,313,588.87
4,781.84
5,135,908.50
195
TCSD SERVICE LEVEL "R" STREET/ROAD MAINT
30,518.19
2,208.37
-
32,726.56
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
372,499.13
117,480.97
70,770.91
419,209.19
197

TEMECULA LIBRARY FUND
652,422.31
11,740.17
55,385.00
608,777.48
198

PUBLIC ART
196,394.56
4,332.77
-
200,727.33
210

CAPITAL IMPROVEMENT PROJECT FUND
1,339,086.00
438,116.78
2,425,223.91
(648,021.13)
275
CFD 03-3 WOLF CREEK IMPROVEMENT FUND
216,464.44
822.08
217,286.52
277

CFD-RORIPAUGH
8,386,419.45
56,130.99
8,442,550.44
278

CFD-RORIPAUGH II
9,481,054.14
43,789.86
-
9,524,844.00
300

INSURANCE FUND
1,220,989.13
4,333.10
16,887.92
1,208,434.31
305

WORKER'S COMPENSATION
1,300,844.04
34,757.58
70,409.54
1,265,192.08
310

VEHICLES AND EQUIPMENT FUND
3,330,176.24
11,200.12
2,019.22
3,339,357.14
320

INFORMATION TECHNOLOGY
1,770,972.89
11,207.26
447,525.09
1,334,655.06
325

TECHNOLOGY REPLACEMENT FUND
2,648,962.77
8,752.30
-
2,657,715.07
330

CENTRAL SERVICES
23,949.52

94.52 31,768.96
(7,724.92)
335

CENTRAL SERVICES
341,919.36
1,171.70
-
343,091.06
340

FACILITIES
542,653.12
19,386.39
157,447.21
404,592.30
350

FACILITY REPLACEMENT FUND
951,926.78
2,915.28
-
954,842.06
380

SARDA DEBT SERVICE FUND
4,286,316.79
2,223,496.61
1,433,905.37
5,075,908.03
381

REDEVELOPMEN PROPERTY TAX TRUST
-
3,685,096.00
769,118.71
2,915,977.29
460
CFD 88-12 DEBT SERVICE FUND
95,894.33
334.94
-
96,229.27
472
CFD 01-2 HARVESTON A&B DEBT SERVICE
944,069.71
443,884.44
1,387,954.15
473
CFD 03-1 CROWNE HILL DEBT SERVICE FUND
1,249,693.15
375,418.17
1,625,111.32
474
AD 034 JOHN WARNER ROAD DEBT SERVICE
7,227.35

25.24 7,252.59
475
CFD 03-3 WOLF CREEK DEBT SERVICE FUND
1,053,467.08
808,901.50
1,862,368.58
476
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
498,974.84
142,270.74
641,245.58
477
CFD 03-02 RORIPAUGH DEBT SERVICE FUND
1,101,926.09
355,008.74
1,456,934.83
478

CFD-RORIPAUGH II
4,854,676.94
1,138,016.91
5,992,693.85
481
CFD 20-01 ALTAIR
150,000.00
-
-
150,000.00
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
7,908.63
17,441.50
2,317.65
23,032.48
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
121,628.84
20,454.12
16,562.38
125,520.58
503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS
52,192.18
21,027.84
2,108.91
71,111.11
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
5,306.32
3,007.61
336.21
7,977.72
505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
21,848.84
17,147.52
2,173.35
36,823.01
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
44,027.61
12,781.42
1,023.85
55,785.18
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
7,645.51
7,105.38
794.04
13,956.85
508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
90,143.65
61,399.95
9,026.56
142,517.04
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA
28,905.43
2,381.75
156.80
31,130.38
510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
14,521.12
4,518.40
458.07
18,581.45
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW
3,149.48
1,061.72
107.34
4,103.86
512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
66,185.67
43,205.45
4,920.80
104,470.32
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP
29,556.27
15,508.14
1,793.73
43,270.68
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
8,971.23
6,579.18
744.24
14,806.17
515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES
11,742.58
4,943.64
530.52
16,155.70
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
79,314.60
17,634.78
7,127.99
89,821.39
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA
2,409.49
879.46
108.74
3,180.21
518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
46,328.37
40,636.50
4,587.75
82,377.12
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
74,126.23
27,308.27
11,158.91
90,275.59
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
251,260.75
82,923.93
35,723.65
298,461.03
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
144,776.08
105,496.09
23,446.24
226,825.93
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
10,900.23
2,126.92
203.17
12,823.98
523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
26,178.41
3,999.88
313.24
29,865.05
524
SERVICE LEVEL"C"ZONE 24 HARVESTON
47,549.40
71,631.78
8,664.80
110,516.38
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
64,882.65
20,945.61
1,925.42
83,902.84
526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION
2,012.21
952.50
122.84
2,841.87
527
SERVICE LEVEL"C"ZONE 27 AVONDALE
9,583.47
4,132.84
668.21
13,048.10
528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
581,270.18
108,886.63
12,435.58
677,721.23
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT
8,037.73
1,590.46
171.09
9,457.10
530
SERVICE LEVEL"C"ZONE 30 FUTURE ZONES
36,485.77
127.44
-
36,613.21
701

PENSION RATE STABILIZATION FUND
$
14,239,442.71
-
93,456.02
$
14,145,986.69
Grand Total:
$
212,634,189.82 $
32,564,434.83 $
12,878,376.67
$
232,320,247.98
Journal Entries completed after April's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns.

Item No. 5

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: August 22, 2023
SUBJECT: Amend the Capital Improvement Program Budget for Fiscal Years 2024-28 for Various Projects
PREPARED BY: Amer Attar, Engineering Manager
RECOMMENDATION: That the City Council:

1. Adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA TO AMEND THE CAPITAL IMPROVEMENT
PROGRAM BUDGET FOR FISCAL YEARS 2024-28 FOR

VARIOUS PROJECTS

2. Approve an appropriation of $1,500,000 from Transportation Uniform Mitigation Fee, from Western Riverside Council of Governments in Fiscal Year 2023-24 for the I-15 / French Valley Parkway Improvements — Phase III project; and

3. Approve an appropriation and corresponding fund transfer of $200,000 from Measure S for Fiscal Year 2023-24 to the I-15 / French Valley Parkway Improvements — Phase III project; and

4. Approve an appropriation of $1,000,000 grant funding from California State Assembly Bill 102 as amended in Senate on June 24, 2023 for Fiscal Year 2023-24 for the Ynez Road Improvements — Phase I project; and

5. Approve a fund Transfer of $1,000,000 of Development Impact Fee — Street Improvements from Ynez Road Improvements, Phase I to Fiscal Year 2025-26 of the Rancho California Road Median Improvements project; and

6. Approve a fund transfer of $594,524 from Fiscal Year 2023-24 of the Sidewalks — Citywide project to Fiscal Year 2023-24 of a separately established project, Sidewalks — Pauba Road; and

7. Approve an appropriation of $362,600 grant funding from California Senate Bill 821 for Fiscal Year 2023-24 for the Sidewalks — Pauba Road; and

8. Approve an appropriation of $200,000 grant funding from American Rescue Plan Act, signed into law March 11, 2021, through the County of Riverside for Fiscal Year 2023-24 to the Dog Park Renovation project; and

9. Approve an appropriation and corresponding fund transfer of $100,000 from Measure S for Fiscal Year 2023-24 to the Dog Park Renovation project.

BACKGROUND: On June 13, 2023, the City Council adopted the Capital Improvement Program (CIP) Budget for Fiscal Years 2024-28. Since the adoption of the CIP Budget, the City received information that it has been approved to receive funds from several outside fund sources for the benefit of several projects.

This amendment to the CIP Budget will cover the following changes:
1- I-15 / French Valley Parkway Improvements — Phase III — Add an appropriation of $1,500,000 from Transportation Uniform Mitigation Fee (TUMF), from Western Riverside Council of Governments (WRCOG) in Fiscal Year 2023-24. WRCOG has approved this appropriation and it was included in the Fiscal Year 2023-24 Southwest Zone 5-Year Transportation Improvement Program. This appropriation will be used to acquire one parcel needed for this phase of the project. Existing Agreement No. 20-SW-TEM-1197 between the City and WRCOG will be amended to add this amount.

In addition, add an appropriation and corresponding fund transfer of $200,000 from Measure S for Fiscal Year 2023-24 to the 1-15 / French Valley Parkway Improvements — Phase III project. This amount is needed to look at various options to break this phase of the project to multiple phases and coordinating this work with Caltrans. 2- Ynez Road Improvements — Phase I - Add an appropriation of $1,000,000 grant funding the City received from California State Assembly Bill (AB) 102 as amended in Senate on June 24, 2023. This appropriation is for Fiscal Year 2023-24. 3- Rancho California Road Median Improvements — Transfer $1,000,000 of Development Impact Fee (DIF) — Street Improvements from Ynez Road Improvements, Phase I to Fiscal Year 2025-26 of the Rancho California Road Median Improvements project. This will close the funding gap for this project
4- Sidewalks - Citywide — Transfer the entire approved appropriation for Fiscal Year 2023- 24, $594,524 to a separate project called Sidewalks — Pauba Road. This appropriation is for the current Fiscal Year 2023-24.
5- Sidewalks — Pauba Road — Add this project as a separate project and transfer the entire approved appropriation for Fiscal Year 2023-24, $594,524, of the Sidewalks — Citywide project to Fiscal Year 2023-24 of this project. The City was awarded grant funding from California Senate Bill (SB) 821 for this project in the amount of $362,600. The separation

of this project from the Sidewalks — Citywide is necessary for tracking and reporting purposes of the grant funds.
6- Dog Park Renovation — Add an appropriation of $200,000 grant funding from American Rescue Plan Act (ARPA), signed into law March 11, 2021, through the County of Riverside for Fiscal Year 2023-24.

In addition, add an appropriation and corresponding fund transfer of $100,000 from Measure S for Fiscal Year 2023-24 to the Dog Park Renovation project. The grant funding and the additional requested Measure S appropriation will be used to add American with Disability Act (ADA) access to the Dog Park and administer the grant including reporting requirements.

This amendment to the Capital Improvement Program (CIP) is consistent with the City of Temecula General Plan and all its elements.

FISCAL IMPACT: The net result of this amendment to the Capital Improvement Program (CIP) Budget for Fiscal Years 2024-28 is an increase of Transportation Uniform Mitigation Fee (TUMF) appropriation from Western Riverside Council of Governments (WRCOG) in the amount of $1,500,000, an increase of appropriation of grant funding in the amount of $1,562,600, and an appropriation increase from Measure S in the amount of $300,000.

ATTACHMENTS: 1. Resolution

2. Amended CIP Budget Sheets

3. CIP Budget Amendment Summary

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA TO AMEND THE CAPITAL

IMPROVEMENT PROGRAM BUDGET FOR FISCAL
YEARS 2024-28 FOR VARIOUS PROJECTS

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The City Council finds, determines, and declares that:

A. On June 13, 2023, the City Council adopted the Capital Improvement Program Budget for Fiscal Years 2024-28.

B. Since the adoption of the Capital Improvement Program (CIP) Budget, the City has been approved to receive funds from several outside fund sources for the benefit of several projects.

C. These changes have made it necessary to amend the CIP Budget for I-15 / French Valley Parkway Improvements — Phase III, Rancho California Road Median Improvements, Ynez Road Improvements — Phase I, Sidewalks — Citywide, and Dog Park Renovation projects.

D. Receiving SB 821 funds for the sidewalk project on Pauba Road, from Elinda to Showalter will necessitate establishing a standalone project and separating it from the Sidewalks — Citywide project.

E. The Capital Improvement Program (CIP) as amended by this Resolution is consistent with the City of Temecula General Plan and each element thereof.

Section 2. Amendment of the Capital Improvement Program (CIP) A. The Capital Improvement Program (CIP) for Fiscal Years 2024-28 is hereby amended as follows:
1) I-15 / French Valley Parkway Improvements — Phase III — Add an appropriation of $1,500,000 from Transportation Uniform Mitigation Fee (TUMF), from Western Riverside Council of Governments (WRCOG) in Fiscal Year 2023-24. WRCOG has approved this appropriation and it was included in the Fiscal Year 2023-24 Southwest Zone 5-Year Transportation Improvement Program. This appropriation will be used to acquire one parcel needed for this phase of the project. Existing Agreement No. 20-SW-TEM-1197 between the City and WRCOG will be amended to add this amount.

In addition, add an appropriation and corresponding fund transfer of $200,000 from Measure S for Fiscal Year 2023-24 to the I-15 / French Valley Parkway Improvements — Phase III project. This amount is needed to look at various

options to break this phase of the project to multiple phases and coordinating this work with Caltrans.
2) Ynez Road Improvements — Phase I - Add an appropriation of $1,000,000 grant funding the City received from California State Assembly Bill (AB) 102 as amended in Senate on June 24, 2023. This appropriation is for Fiscal Year 2023-24.
3) Rancho California Road Median Improvements — Transfer $1,000,000 of Development Impact Fee (DIF) — Street Improvements from Ynez Road Improvements, Phase I to Fiscal Year 2025-26 of the Rancho California Road Median Improvements project. This will close the funding gap for this project 4) Sidewalks - Citywide — Transfer the entire approved appropriation for Fiscal Year 2023-24, $594,524 to a separate project called Sidewalks — Pauba Road.

This appropriation is for the current Fiscal Year, 2023-24. 5) Sidewalks — Pauba Road — Add this project as a separate project and transfer the entire approved appropriation for Fiscal Year 2023-24, $594,524, of the Sidewalks — Citywide project to Fiscal Year 2023-24 of this project. The City was awarded grant funding from California Senate Bill (SB) 821 for this project in the amount of $362,600. The separation of this project from the Sidewalks — Citywide is necessary for tracking and reporting purposes of the grant funds. 6) Dog Park Renovation — Add an appropriation of $200,000 grant funding from American Rescue Plan Act (ARPA), signed into law March 11, 2021, through the County of Riverside for Fiscal Year 2023-24.

In addition, add an appropriation and corresponding fund transfer of $100,000 from Measure S for Fiscal Year 2023-24 to the Dog Park Renovation project.

The grant funding and the additional requested Measure S appropriation will be used to add American with Disability Act (ADA) access to the Dog Park and administer the grant including reporting requirements.

B. The net result of this amendment to the Capital Improvement Program (CIP) Budget for Fiscal Years 2024-28 is an increase of Transportation Uniform Mitigation Fee (TUMF) appropriation from Western Riverside Council of Governments (WRCOG) in the amount of $1,500,000, an increase of appropriation of grant funding in the amount of $1,562,600, and an appropriation increase from Measure S in the amount of $300,000.

C. Projects that are part of this amendment without an impact to Measure "S" and other City funds are funded with external sources, either reimbursements to the City or a direct grant.

Section 3. The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of August, 2023.

Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22"d day of August, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Adk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE III
Circulation Project
Project Description: This project includes the design and construction of the French Valley Parkway Interchange and the southbound collector/distributor road system.

Benefit: This project will address and improve traffic circulation in the City's northern area by providing a full service interchange with on and off ramps in both directions.

Core Value: Transportation Mobility and Connectivity
Project Status: Design will begin once funds are available.

Department: Public Works - Account No. 210.265.999.5800.PW19-03 / 728 2023-24
Prior Years
2022-23
Amended 2024-25
2025-26 2026-27
2027-28
Total Project
Project Cost:

Actuals
Adjusted
Budget Projected
Projected Projected
Projected
Cost
5801-Ad ministration
89,491
237,509
454,000
874,000
1,655,000
5807-Caltrans Oversight
17,250,000
17,250,000
5804-Construction
102,500,000
102,500,000
5805-Construction Engineering
2,050,000
2,050,000
5802-Design & Environmental
200,000
8,500,000
8,700,000
5700-Land Acquisition
2,979,147
270,647
1,500,000
7,390,000
12,139,794
Total Expenditures
1 3,068,6381
508,156
1,700,000
8,954,000 -
130,064,000
144 294 794
Sours of Funds•
4165-Affordable Housing
1,669,794
1,669,794
4001-General Fund
30,000
30,000
4002-Measure S
150,000
61,817 200,000
411,817
4076-Reimbursements
165,183
165,183
4472-TUMF (WRCOG)
1,500,000 1,500,000
3,000,000
4452-Unspecified
8,954,000 130,064,000
139,018,000
Total Fundine
1 180,0001

3.396.794 1,700,000 8,954,000 - 130,064,0001
144,294,794
Future Operating & Maintenance Costs:

Total Operating Costs
Notes:

1. TUMF (WRCOG) - TUMF Zone Funding is eligible for construction of Winchester Interchange pursuant to 2009 Nexus - $9,822,980.00

2. TUMF (WRCOG) - TUMF Zone Funding is eligible for construction of French Valley Interchange pursuant to 2009 Nexus - $43,480,000.00

3. TUMF (WRCOG) -TUMF Zone Funding for right-of-way (ROW) pursuant to Agreement No. 20-SW-TEM-1197 - $1,500,000

4. TUMF (WRCOG) - TUMF Zone Funding for right-of-way (ROW as approved by WRCOG for FY 2023-24, $1,500,000) - Amendment of Agreement No. 20-SW-TEM 1197 is pending

Alk
The Heart of Southern California
Wine Country

YNEZ ROAD IMPROVEMENTS - PHASE I
Circulation Project
Project Description: This project includes widening the easterly side of Ynez Road, from Rancho Vista Road north roughly 1600 feet, to two lanes in each direction, and the completion of missing segments of curb and gutter, sidewalk, and striped medians, in coordination with adjacent development.

Benefit: This project improves traffic circulation by widening an important arterial road in this part of the City.

Core Value: Transportation Mobility and Connectivity
Project Status: Design is initiated in FY 2022-23.

Department: Public Works - Account No. 210.265.999.5800.PW23-02 / 534 City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
2023-24
Prior Years
2022-23 Amended 2024-25 2025-26 2026-27 2027-28
Total Project
Project Cost:

Actuals
Adjusted Budget Projected Projected Projected Projected Cost
5801-Administration
90,000 342,500
432,500
5804-Construction
1,299,628
1,299,628
5805-Construction Engineering
158,172
158,172
5802-Design & Environmental
510,000 495,500
1,005,500
5806-MSHCP
1 54,200
54,200
Total Expenditures
1 600,000 2,350,000
2 950 000
Source of Funds:
4666-Developer Contribution
435,750
435,750
4242-DIF-Street Improvements
600,000 (560,750)
39,250
4025-Grants
1,475,000
1,475,000
4025-Grants
1,000,000
1,000,000
Total Funding
2 2
Future Operating & Maintenance Costs:

Total Operating Costs
Notes :

1. Grants Funding of $1,475,000 reflects the 2023 RCTC Western Riverside County Regional call for projects using Measure A Regional Arterial (MARA) grant funds

2. Developer Contribution reflects fees paid by the Rancho Highlands Development for this project.

3. Grant Funding of $1,000,000 reflects California State Assembly Bill (AB) 102 as amended in Senate June 24, 2023.

Adk
The Heart of Southern California
Wine Country

RANCHO CALIFORNIA ROAD MEDIAN IMPROVEMENTS
Circulation Project
Project Description: This project will design and construct missing raised medians on Rancho California Road between Humber Drive and Butterfield Stage Road in accordance with the City's General Plan. In addition, missing street improvements will be constructed on the north side of Rancho California Road between Riesling Court and Promenade Chardonnay Hills. The improvements will include median curbs, curb and gutter, sidewalks, and landscape and irrigation.

City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
Benefit: The raised medians will enhance the safety of the street. In addition, the `� landscaping of the proposed medians will improve the aesthetics of this road for "� motorists.

Core Value: A Safe and Prepared Community
2023-24
Prior Years
2022-23
Amended
2024-25 2025-26 2026-27
2027-28 Total Project
Project Cost:

Actuals
Adjusted
Budget
Projected Projected Projected
Projected Cost
5801-Administration
105,000
60,000
40,000 300,000
505,000
5804-Construction
2,512,000
2,512,000
5805-Construction Engineering
85,000
85,000
5802-Design & Environmental
113,000
585,000
698,000
5240-Utilities

55.000
55,000
Snurra of Fundc
4666-Developer Contribution
57,200
57,200
4242-DIF-Street Improvements
10,800 700,000 40,000 1,720,750
2,471,550
4002-Measure S
150,000
150,000
4452-Unspecified
1,176, 250
1,176,250
Total Funding
218,000 700,000 40 00 22 897,000
3 855 000
Future Operating & Maintenance Costs:

Total Operating Costs
Notes :

1. Developer Contribution represents the Pervis Development's fair share of the medians.

Adk
The Heart of Southern California
Wine Country

SIDEWALKS - CITYWIDE
Infrastructure Project
Project Description: This project will include the construction of sidewalks at various locations throughout the City.

Benefit: This project will provide walking surfaces for pedestrians.

Core Value: Transportation Mobility and Connectivity
Project Status: A study to identify areas with missing sidewalks and prioritize them was completed as part of the Trails and Bikeways Master Plan Update in Fiscal Year 2015-16. Based on the study and the available resources, sidewalks will be constructed in the selected areas considering economy of scale and proximity to private development.

City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
Prior Years
2022-23 Amended
2024-25
2025-26
2026-27
2027-28
Total Project
Project Cost:

Actuals
Adjusted Budget
Projected
Projected
Projected
Projected
Cost
5801-Administration
551,869
50,476
50,000
50,000
50,000
50,000
802,345
5804-Construction
146,315
879,541
320,000
320,000
320,000
320,000
2,305,856
5805-Construction Engineering
4,412
155,588
60,000
60,000
60,000
60,000
400,000
5802-Design & Environmental
225,808
161,121
70,000
70,000
70,000
70,000
666,929
4001-General Fund 371,000 1 37.1,000
4002-Measure 5 1 736.533 1.063.596 500.000 500.000 500.000 500.000 3.800.129 Future Operating & Maintenance Costs:

Total Operating Costs

Alk
R
The Heart of Southern California
Wine Country

SIDEWALKS - PAUBA ROAD
Infrastructure Project
Project Description: This project will include the construction of sidewalks along Pauba Road from Elinda Road to Showalter Road.

Benefit: This project will provide walking surfaces for pedestrians.

Core Value: Transportation Mobility and Connectivity
Project Status: This section Pauba Road was identified in the City's Sidewalk Gap Study. Construction is anticipated to commence in Fiscal Year 2023-2024.

Department: Public Works - Account No. 210.265.999.PW19-20 Level: I
City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
2023-24
Prior Years
2022-23 Amended 2024-25 2025-26 2026-27 2027-28
Total Project
Project Cost:

Actuals
Adjusted Budget Projected Projected Projected Projected Cost
Administration
75,000
75,000
Construction
752,124
752,124
Construction Engineering
60,000
60,000
Design & Environmental
70,000
70,000
Total Ex enditures
957,124
957 124
SB 821 Funds
Measure S I I 594,524 594,524
Future Operating & Maintenance Costs:

Total Operating Costs

Adk
The Heart of Southern California
Wine Country

DOG PARK RENOVATION
Parks/Recreation Project
Project Description: This project is to design and construct a dog park at Michael "Mike" Naggar Community Park. The dog park will include small and large dog pens, seating, drinking fountains, shade and an agility dog course feature in addition to ADA access.

Benefit: This project protects the City's vast investment in parks and open space facilities. In addition, this project satisfies the City's Core Values of a Healthy and Livable City and Responsive City Government.

Core Value: Healthy and Livable City
City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
Project Status: Design is currently at 90%. The project is estimated to be complete "s in Fiscal Year 2023-24.

Prior Years
2022-23 Amended 2024-25 2025-26 2026-27 2027-28
Total Project
Project Cost:

Actuals
Adjusted Budget Projected Projected Projected Projected Cost
5801-Ad ministration
25,000 150,000
175,000
5804-Construction
533,484 260,000
793,484
5802-Design & Environmental
15,116
56,400
71,516
cnurro of Funrfc-
4025-Grants 1
247,126
247,126
4002-Measure 5
25,000
357,874 210,000
592,874
4025-GrantS2
200,000
200,000
Total Funding
25,000
605,000 410,000
1 040 000
Future Operating & Maintenance Costs:

Total Operating Costs
Notes :

1. Proposition 68 Grant from the California Department of Parks and Recreation

2. American Rescue Plan Act (ARPA), signed into law March 11, 2021, grant through the County of Riverside

Fiscal Years 2024-28 Capital Improvement Program (CIP) Budget Amendment Summary for Various Projects August 22, 2023
Adopted
Proposed
Proposed
Amended
Proposed
Project Name
FY 2024-28
Amendment
Amendment
FY 2024-28
Source
Budget
City Funds
External Fund Source
Budget
of Fund
1 I-15 / French Valley Parkway Improvements - Phase III F$144,094,794
$200,000
$1,500,000
$144,294,794
> City -Measure S
> External -TUMF
> City - Move to Rancho
2 Ynez Road Improvements - Phase I
$2,950,000
-$1,000,000
$1,000,000
$2,950,000
California Medians
> External - State AB 102
> City - Moved from Ynez,
3 Rancho California Road Median Improvements $3,855,000 $1,000,000 $0 $3,855,000 Phase 1 to reduced funding gap
-IF
FP
oved to Sidewalks -
4 Sidewalks - Citywide $4,769,653-$594,524 $0 $4,175,129 uba Road > City - Moved from
5 Sidewalks - Pauba Road
$0
$594,524
$362,600
$957,124
Sidewalks - Citywide
> External - SB 821
16��t
City - Measure S I Dog Park Renovation $740,000 $100,000 $200,000 $1,040,000 External - ARPA $300,000 11 $3,062,600
Total New Appropriation from Measure "S" $300,000
Move D/F - Streets from Ynez Road, Phase 1 to
$1,000,000
Rancho California Road Medians
Move Measure S from Sidewalks - Citywide to
$594,524
Sidewalks - Pauba Road
External Fund Sources - Grants
$1,562,600
External Fund Sources - TUMF
$1,500,000

Item No. 6

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: August 22, 2023
SUBJECT: Approve Form of Rancho California Water District Recycled Water Agreements and Authorize the City Manager to Execute Said Agreements on Behalf of the City PREPARED BY: Anissa Sharp, Management Assistant
Ron Moreno, Assistant Director of Public Works
RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING THE FORM OF RECYCLED

WATER AGREEMENTS AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAID AGREEMENTS ON BEHALF

OF THE CITY
BACKGROUND: The Santa Rosa Regional Resources Authority ("SRRRA"), a Joint Powers Authority formed by several water districts including the Rancho California Water District ("RCWD"), owns and operates a Regional Water Reclamation System which is a sewage interceptor, transmission, treatment, disposal, and water reclamation facilities. Water that has been completely treated through RCWD's Regional Water Reclamation System is considered recycled water. In accordance with RCWD's policies, the recycled water, which results from the operation of the Regional Water Reclamation System, has been made available for approved uses. Given the availability, some projects could stand to benefit from utilizing recycled water while constructing improvements.

In order to facilitate the ability for sites to gain access to recycled water, RCWD developed their Recycled Water Agreement ("Agreement"). The Agreement was created for execution by RCWD for any projects located within the City where a recycled water system is operated. There are two versions of the Agreement. One version of the Agreement is used in cases where the User is a developer or private entity. The other version of the Agreement is used in cases where the User is a public entity. The Agreement specifies whether the Property on which the recycled water system will be operated is owned by a public entity or by another party.

An Agreement in which the City is the User or owner of the Property on which the recycled water system will be operated, would be reviewed and approved by the City Engineer and City Attorney prior to routing said Agreement for execution, with such changes as mutually agreed to between the Public Works Department and City Attorney.

All costs will be billed to the User on monthly basis. An Agreement in which the User of the recycled water system is a developer or private entity would result in no fiscal impact to the City.

An Agreement in which the User is the City of Temecula would result in costs relating to the operation and use of the recycled water system. Such costs for the recycled water commodity and applicable service charges will be included in the current Fiscal Year Operating Budget.

RCWD will have the right to modify or adjust the rate schedule(s) for providing recycled water to reflect changes in the RCWD's operation costs, if any, as determined by RCWD. All of the costs will be based on actual quantities of recycled water deliveries made during the preceding month, based on meter reading at the Point of Delivery. The Recycled Water Agreement sets forth the obligations of all parties with respect to purchase price, quantity, and all terms and conditions.

City Staff recommends that the City Council authorize the City Manager to execute that certain agreement entitled "Recycled Water Agreement" on behalf of the City in the form attached to this Resolution, with such provisions that apply to the specific project, Property, or recycled water system that are the subject of the Agreement, and with any non -substantive changes and completed exhibits as may be approved by the Public Works Department and the City Attorney as necessary and convenient to implement the purposes of the Agreement.

FISCAL IMPACT: No fiscal impact for agreements where the User is a developer or private entity. For agreements where the User is the City of Temecula, costs of the recycled water commodity and applicable service charges will be included in the current Fiscal Year Operating Budget.

ATTACHMENTS: 1. Resolution

2. Agreement - City Version

3. Agreement - Private Version

RESOLUTION NO.2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA APPROVING THE FORM OF RECYCLED

WATER AGREEMENTS AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAID AGREEMENTS ON

BEHALF OF THE CITY

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Rancho California Water District ("RCWD"), as a part of Santa Rosa Regional Resources Authority ("SRRRA"), a Joint Powers Authority, owns and operates a Regional Water Reclamation System which is a sewage interceptor, transmission, treatment, disposal, and water reclamation facilities.

Section 2. Water that has been completely treated through RCWD's Regional Water Reclamation System is considered recycled water. In accordance with RCWD's policies, the recycled water, which results from the operation of the Regional Water Reclamation System, has been made available for approved uses.

Section 3. RCWD prepared two versions of a Recycled Water Agreement ("Agreement") for use on any projects located within the City that will operate a recycled water system. One version of the Agreement is used in cases where the User is a developer or private entity. The other version of the Agreement is used in cases where the User is a public entity. The Agreement specifies whether the Property on which the recycled water system will be operated is owned by a public entity or by another party.

Section 4. An Agreement in which the City is the User or owner of the Property on which the recycled water system will be operated, would be reviewed and approved by the City Engineer and City Attorney prior to routing said Agreement for execution, with such changes as mutually agreed to between the Public Works Department and City Attorney.

Section 5. An Agreement in which the User of the recycled water system is a developer or private entity would result in no fiscal impact to the City. An Agreement in which the User is the City of Temecula would result in costs relating to the operation and use of the recycled water system. Such costs for the recycled water commodity and applicable service charges will be included in the current Fiscal Year Operating Budget.

Section 6. The City Council hereby authorizes the City Manager to execute that certain agreement entitled "Recycled Water Agreement" on behalf of the City in the form attached to this Resolution, with such provisions that apply to the specific project, Property, or recycled water system that are the subject of the Agreement, and with any non -substantive changes and completed exhibits as may be approved by the Public Works Department and the City Attorney as necessary and convenient to implement the purposes of the Agreement.

Section 7. The City Manager is hereby authorized to execute such Recycled Water Agreement, subject to City Attorney's final review.

Section 8. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22"d day of August, 2023.

Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22"d day of August, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

RANCHO CALIFORNIA WATER DISTRICT
42135 Winchester Road
Temecula, CA 92590-4800
Exempt from Recording Fee (Gov. Code §6103)
LOCATION NO.

SPACE ABOVE THIS LINE FOR RECORDER'S USE

RECYCLED WATER

AGREEMENT

RANCHO CALIFORNIA WATER DISTRICT
RA — —
THIS AGREEMENT is made and entered into this day of 20 by and between Rancho California Water District, a public agency ("DISTRICT"), and the City of Temecula, a municipal corporation ("Owner"). The Owner of Lot No. of Tract Map No. APN Owner shall hereinafter be referred to as
"USER."
A. The Santa Rosa Regional Resources Authority ("SRRRA"), a Joint Powers Authority formed by several water districts including the DISTRICT, owns and operates a major system of sewage interceptor, transmission, treatment, disposal, and water reclamation facilities, hereafter referred to as DISTRICT'S Regional Water Reclamation System; and B. Water that has been completely treated through the DISTRICT'S Regional Water Reclamation System shall hereinafter be referred to as recycled water; and C. Pipelines conveying recycled water shall hereinafter be referred to as recycled water mains; and
D. In accordance with DISTRICT policies, the recycled water, which results from the operation of the DISTRICT'S Regional Water Reclamation System, has been made available for approved uses; and
E. USER desires to purchase, accept delivery of, control, and use the quantity of recycled water provided for in Paragraph 4 herein for approved irrigation purposes within the boundaries of the DISTRICT, under the terms and conditions set forth below; and F. Such sales and deliveries would be in accordance with the DISTRICT'S policy of using recycled water for beneficial purposes; and
G. DISTRICT is willing to sell and deliver recycled water for irrigation purposes under the terms and conditions set forth below.

M
ncho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

In consideration of the mutual covenants herein contained, it is mutually agreed as follows:

1. SALE AND DELIVERY TERMS AND CONDITIONS
A. Point of Delivery
The recycled water delivered pursuant to this Agreement shall be measured through the DISTRICT -owned, -operated, and -maintained metering facilities located at the Point of Delivery shown on the attached Exhibit "A." Any facilities that have been or shall be installed by DISTRICT at USER'S request shall be paid for by the USER, in accordance with applicable DISTRICT Rules and Regulations.

B. Availability Acknowledgment
The USER acknowledges that the DISTRICT does not guarantee the availability of recycled water throughout the term of this Agreement due to possible changes in regulatory agency requirements, reduction in plant flow, demands from other recycled water use areas, and/or other conditions beyond DISTRICT'S control.

USER holds DISTRICT free and harmless from any and all legal liabilities and/or economic losses that it may sustain as the result of discontinuance or reduction in amount of delivery of recycled water as specified above.

C. Pressure
The recycled water to be delivered pursuant to this Agreement shall, as far as possible, be delivered at the Point of Delivery shown on the attached Exhibit "A." USER shall be responsible for, at its cost, providing any and all devices to increase or decrease delivery pressure, and/or any and all conveyance equipment (e.g. piping, pumps, etc.) required to deliver the recycled water to the point(s) of use.

USER agrees not to operate its recycled water system in a fashion that may cause surge pressures to propagate past the Point of Delivery into the DISTRICT'S recycled water mains.

D. Facility Provision and Operational Responsibility
(1) DISTRICT shall be responsible for providing and operating its Regional Water Reclamation System facilities, up to and including the Point of Delivery, in compliance with the applicable requirements of DISTRICT, federal, state, and local regulatory agencies.

DISTRICT shall be responsible for supplying recycled water, which meets or exceeds all applicable federal, state, and local regulatory agency quality standards.

DISTRICT shall monitor recycled water deliveries and use sites as it deems necessary and in accordance with applicable federal, state, and local regulatory agency requirements.
ncho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

(2) USER shall:
■ Make application for recycled water service.
■ Pay all fees and deposits for recycled water service. ■ Post all required warning signs informing the public and all on -site and off -site personnel (employees, tenants, occupants, and CITY staff) that recycled water is being used on -site and off -site for irrigation purposes.
■ Install and maintain a certified backflow device on all potable water sources including, but not limited to, the DISTRICT'S potable water meters, all exterior sources of potable water on- and offsite, and all potable water supplies to fountains, ponds, and/or swimming pools. ■ Designate a Site Supervisor. The Site Supervisor must/will:
a) Be knowledgeable about recycled water and how it is
manufactured.
b) Be the contact person at USER's site, and be available at all times to contact and respond in the event of an emergency. c) Be knowledgeable about the practices and procedures of using recycled water.
d) Be responsible for the safe and efficient use of recycled water. e) Provide instruction and training to on -site and off -site personnel in the proper handling of recycled water and the potential health hazards involved with its use.
f) Submit plans to the DISTRICT for all proposed changes to the irrigation system on the USER's site(s) for review and approval prior to any modifications being made.
g) Have all proposed changes approved by the DISTRICT inspected by the DISTRICT'S staff during construction.
h) Maintain irrigation system record drawings of USER's site(s). i) Communicate all recycled water rules and regulations to on -site and off -site personnel.
j) Be knowledgeable of all on -site and off -site potable water systems, and take appropriate measures to prevent cross - connection with the recycled water system.
k) Inform DISTRICT of all system failures or cross -connection events so that appropriate measures may be taken to mitigate the contamination or pollution.

If the USER desires to designate another person as Site Supervisor, then the USER is responsible for notifying DISTRICT in writing of such action. In the event that someone other than the USER is designated as the Site Supervisor and this person is no longer associated with the property, the USER shall again be considered the Site Supervisor and will assume the above -listed requirements until an approved Site Supervisor is designated.

M
ncho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

■ Identify all above -ground fittings and appurtenances, etc. as containing recycled water and not suitable for human consumption.

Signs shall be painted or otherwise permanently affixed to equipment.
■ Altogether avoid introducing recycled water into any
potable/domestic water piping system and no connection shall be made between equipment containing, or having contained, recycled water and/or any part of a domestic water system until such time as equipment has been properly disinfected.
■ Take full responsibility for providing, operating, maintaining, and repairing USER pipelines, together with all appurtenant facilities, as are necessary to accept, convey, control, and use the recycled water in compliance with the applicable requirements of DISTRICT, federal, state, CITY's Conditions of Approval, and local regulatory agencies on their respective owned or controlled lands.
■ Allow recycled water to be used only on the areas depicted on the attached exhibit and irrigation construction plans.
■ Allow recycled water use between the hours of 9:00 p.m. and 6:00 a.m.

E. USER Acknowledgment
USER acknowledges it is understood that:
(1) DISTRICT'S Regional Water Reclamation System's purpose is to control the biological quality of the recycled water resulting from its operation. (2) Said System is not equipped to detect, treat, or remove harmful chemicals or toxic materials, except as required to meet federal, state, and local regulatory agency discharge standards.

F. Indemnification
USER, CITY, and the DISTRICT each agree, to the fullest extent permitted by law, to indemnify and hold the other party, and its directors, officers, employees, or authorized volunteers harmless from any claims, damage, liability, or cost (including attorneys' fees and costs of defense) to the extent caused by the indemnifying party's negligent acts, errors, or omissions in the performance of this agreement, including such negligent acts, errors, or omissions by sub -contractors or others for whom the indemnifying party is legally liable; provided, however, that this indemnity shall not apply to any acts, errors, or omissions attributable to the indemnified party, its directors, officers, employees, authorized volunteers, sub -contractors, or to any others for whom the indemnified party is legally liable.

M
ncho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

2. USE TERMS AND CONDITIONS
Use of the recycled water delivered pursuant to this Agreement shall be subject to the following terms and conditions:

A. Rules and Regulations
All recycled water delivered pursuant to this Agreement shall be used only for approved uses on the specified use site, as shown and depicted as USER and CITY lands on attached Exhibit "A," in compliance with applicable rules and regulations of DISTRICT, federal, state, and local regulatory agencies, including CITY's Conditions of Approval.

This Agreement has no application to the operation of the DISTRICT'S sewer and domestic water operation, including the assessment of fees and the enforcement of rules and regulations pertaining thereto. USER must comply with all rules and regulations of the DISTRICT pertaining to any properties owned or maintained by USER that connect to the DISTRICT'S Regional Water Reclamation System.

Failure to observe all regulations governing the use of recycled water will result in the immediate termination of recycled water service until such time as the deficiencies are corrected to the satisfaction of the DISTRICT.

Failure to observe said regulations shall be subject to Unauthorized Use Charges established by the DISTRICT.

B. Reclamation Requirements
USER shall apply to the DISTRICT for all applicable use permits. DISTRICT shall apply for all required Permits of Reclamation Requirements from the California Regional Water Quality Control Board, hereinafter referred to as the Regional Board, covering the use of the disinfected recycled water to be delivered and used pursuant to this Agreement. USER shall comply with the provisions of such Reclamation Requirements. USER shall use recycled water on only those areas specified in such Reclamation Requirements, unless otherwise provided for in future amendments to said Reclamation Requirements.

C. Responsibility for Conveyance and Control
(1) DISTRICT
DISTRICT shall be solely responsible for conveying and controlling the recycled water up to and including the Point of Delivery provided for in Paragraph LA., above.
(2) USER
USER shall be responsible for conveying and controlling, in compliance with applicable regulatory agency requirements, the recycled water delivered through USER's facilities, from the Point of Delivery as shown on the attached Exhibit "A," and the DISTRICT shall have no responsibility whatsoever relative to said USER's facilities.
ncho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

3. PURCHASE PRICE
During the term of this Agreement, the USER shall pay to the DISTRICT the in -effect commodity and applicable service charges, which are modified from time to time, as published in the DISTRICT'S Customer Guide to Rates and Charges. * The District reserves the right to modify or adjust the rate schedule(s) for providing recycled water to reflect changes in the District's operating costs, if any, as determined by the District.

4. QUANTITY
DISTRICT agrees to sell and deliver and USER agrees to purchase, accept delivery of, control, and use recycled water at an average basic quantity in the amount of ( ) gallons per day. Said quantity shall be delivered on an "as available" basis.

5. BILLING FOR RECYCLED WATER
DISTRICT will render monthly billings for recycled water deliveries made during the preceding month to the USER, based on the meter reading at the Point of Delivery. Billings, in accordance with the DISTRICT'S prevailing rules and regulations, shall be paid within thirty days of the date thereof. Any late payments shall be considered delinquent and shall be subject to the DISTRICT'S standard penalty charges and disconnection procedures then in effect.

6. ASSIGNMENT
Except as provided below, the USER shall not assign any of its individual or collective rights under this Agreement to any person or entity, or become associated with any other party involving, in anyway, the recycled water to be delivered pursuant to this Agreement without the prior written consent of the DISTRICT and of any regulatory agencies having jurisdiction, which consent shall not be unreasonably withheld.

In the event USER desires to enter into a transaction for the sale or financing of the use site, DISTRICT will not unreasonably withhold its consent to continue to provide recycled water contingent upon the new owner complying with the terms of this Agreement.

7. TERM OF AGREEMENT
The term of this Agreement shall begin with the date of Agreement (first written above) and shall continue until terminated by the USER or DISTRICT.

E ��1enL��wer7L�P►1
A. USER or DISTRICT shall have the right to terminate this Agreement, with no financial liability to the other party or CITY, by giving thirty working days' written notice, as long as both parties mutually agree.

B. DISTRICT shall have the right to terminate this Agreement, with no financial liability to the USER or CITY, for USER'S noncompliance with applicable use and/or payment requirements.

IL/
ncho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

C. Notwithstanding Paragraph 1.13., the DISTRICT shall also have the right to terminate this Agreement by giving the USER and CITY ten days' written notice in the event the wastewater treatment criteria under which the DISTRICT currently operates is changed by operation of law, or by any regulatory agency having jurisdiction, such that the DISTRICT'S Regional Water Reclamation System, as it presently exists, cannot produce wastewater that complies with such changes without incurring additional costs or modifications to said facilities.

D. Upon termination of this Agreement by either the USER or the DISTRICT, within thirty calendar days of termination, the USER shall make a payment to the DISTRICT for all costs to remove recycled water service from the Point of Delivery to the DISTRICT'S recycled water main (hereinafter referred to a "Service Lateral"). After thirty calendar days, if a payment has not been made by the USER, the DISTRICT may elect to remove the Service Lateral and lien the USER lands for the amount due.

9. RECORDATION AGAINST TITLE
This Agreement shall be recorded against the title to the real property for which recycled water is used pursuant to this Agreement in the county in which the real property is situated.

The obligations set forth herein shall accordingly transfer to subsequent purchasers of the real property.

10. ATTORNEYS' FEES
In the event of litigation or arbitration between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs to be fixed by the court or by arbitration.

11. PREPARATION OF THIS AGREEMENT
This Agreement shall not be construed against the party preparing it, but shall be construed as if both parties prepared it.

12. CAPTIONS
Captions to Paragraph/Subparagraphs of this Agreement are for convenience purposes only and are not part of this Agreement.

13. PROVISIONS BINDING
This Agreement and Exhibit "A" attached shall be binding upon and shall inure to the heirs, representatives, successors, and assigns of the parties of this Agreement. The DISTRICT, CITY and USER intend that the benefits and burdens described herein constitute covenants running with the land for the benefit of the USER lands.

M
ncho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

14. CERTIFICATION
The undersigned PROPERTY OWNER and RECYCLED WATER SITE SUPERVISOR hereby certify compliance with all operational responsibilities contained in Section 1.D.(2) above.

15. AUTHORITY TO SIGN AGREEMENT
The undersigned individuals hereby warrant and represent that they each have full legal authority to sign this Agreement and bind the parties hereto.

IN WITNESS WHEREOF, this Agreement has been executed as of the day, month, and year first above written.

RANCHO CALIFORNIA WATER DISTRICT
By:

Robert S. Grantham, General Manager Date

CITY OF TEMECULA
By:

Zak Schwank, Mayor Date
Attest:

By:

Randi Johl, City Clerk
Approved as to form:

By:

Peter M. Thorson, City Attorney
Rancho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

Exhibit "A"
Point of Delivery
Rancho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

RANCHO CALIFORNIA WATER DISTRICT

APPLICATION FOR

USE OF RECYCLED WATER
PROJECT NAME:

PROJECT ADDRESS:

LOCATION:

DEVELOPER:

CONTACT PERSON:

ADDRESS:

PHONE:
*SITE SUPERVISOR:

PHONE: (DAY)
(NIGHT)
PAGER:

DESCRIPTION OF RECYCLED WATER USE
START DATE:

END DATE:

QUANTITY (GALLONS PER DAY):

MEANS OF DISTRIBUTION:

DEVELOPER SIGNATURE CUSTOMER SIGNATURE

DATE DATE
*MUST BE ABLE TO CONTACT 24 HOURS/DAY
M
nchn California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

RANCHO CALIFORNIA WATER DISTRICT
42135 Winchester Road
Temecula, CA 92590-4800
Exempt from Recording Fee (Gov. Code §6103)
LOCATION NO.

SPACE ABOVE THIS LINE FOR RECORDER'S USE

RECYCLED WATER

AGREEMENT

RANCHO CALIFORNIA WATER DISTRICT
RA — —
THIS AGREEMENT is made and entered into this day of 20 by and between Rancho California Water District, a public agency ("DISTRICT"), and (Property Owner[s]lAgency Name) ("Owner"), the owner of Parcel No. of Parcel Map No. , APN , and the City of Temecula, a public agency ("CITY"). Owner shall hereinafter be referred to as "USER."
A. The Santa Rosa Regional Resources Authority ("SRRRA"), a Joint Powers Authority formed by several water districts including the DISTRICT, owns and operates a major system of sewage interceptor, transmission, treatment, disposal, and water reclamation facilities, hereafter referred to as DISTRICT'S Regional Water Reclamation System; and B. Water that has been completely treated through the DISTRICT'S Regional Water Reclamation System shall hereinafter be referred to as recycled water; and C. Pipelines conveying recycled water shall hereinafter be referred to as recycled water mains; and
D. In accordance with DISTRICT policies, the recycled water, which results from the operation of the DISTRICT'S Regional Water Reclamation System, has been made available for approved uses; and
E. USER desires to purchase, accept delivery of, control, and use the quantity of recycled water provided for in Paragraph 4 herein for approved irrigation purposes within the boundaries of the DISTRICT, under the terms and conditions set forth below; and F. Such sales and deliveries would be in accordance with the DISTRICT'S policy of using recycled water for beneficial purposes; and
G. DISTRICT is willing to sell and deliver recycled water for irrigation purposes under the terms and conditions set forth below.

M
ncho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

In consideration of the mutual covenants herein contained, it is mutually agreed as follows:

1. SALE AND DELIVERY TERMS AND CONDITIONS
A. Point of Delivery
The recycled water delivered pursuant to this Agreement shall be measured through the DISTRICT -owned, -operated, and -maintained metering facilities located at the Point of Delivery shown on the attached Exhibit "A." Any facilities that have been or shall be installed by DISTRICT at USER'S request shall be paid for by the USER, in accordance with applicable DISTRICT Rules and Regulations.

B. Availability Acknowledgment
The USER acknowledges that the DISTRICT does not guarantee the availability of recycled water throughout the term of this Agreement due to possible changes in regulatory agency requirements, reduction in plant flow, demands from other recycled water use areas, and/or other conditions beyond DISTRICT'S control.

USER holds DISTRICT free and harmless from any and all legal liabilities and/or economic losses that it may sustain as the result of discontinuance or reduction in amount of delivery of recycled water as specified above.

C. Pressure
The recycled water to be delivered pursuant to this Agreement shall, as far as possible, be delivered at the Point of Delivery shown on the attached Exhibit "A." USER shall be responsible for, at its cost, providing any and all devices to increase or decrease delivery pressure, and/or any and all conveyance equipment (e.g. piping, pumps, etc.) required to deliver the recycled water to the point(s) of use.

USER agrees not to operate its recycled water system in a fashion that may cause surge pressures to propagate past the Point of Delivery into the DISTRICT'S recycled water mains.

D. Facility Provision and Operational Responsibility
(1) DISTRICT shall be responsible for providing and operating its Regional Water Reclamation System facilities, up to and including the Point of Delivery, in compliance with the applicable requirements of DISTRICT, federal, state, and local regulatory agencies.

DISTRICT shall be responsible for supplying recycled water, which meets or exceeds all applicable federal, state, and local regulatory agency quality standards.

DISTRICT shall monitor recycled water deliveries and use sites as it deems necessary and in accordance with applicable federal, state, and local regulatory agency requirements.
ncho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

(2) USER shall:
■ Make application for recycled water service.
■ Pay all fees and deposits for recycled water service. ■ Post all required warning signs informing the public and all on -site and off -site personnel (employees, tenants, occupants, and CITY staff) that recycled water is being used on -site and off -site for irrigation purposes.
■ Install and maintain a certified backflow device on all potable water sources including, but not limited to, the DISTRICT'S potable water meters, all exterior sources of potable water on- and offsite, and all potable water supplies to fountains, ponds, and/or swimming pools. ■ Designate a Site Supervisor. The Site Supervisor must/will:
a) Be knowledgeable about recycled water and how it is
manufactured.
b) Be the contact person at USER's site, and be available at all times to contact and respond in the event of an emergency. c) Be knowledgeable about the practices and procedures of using recycled water.
d) Be responsible for the safe and efficient use of recycled water. e) Provide instruction and training to on -site and off -site personnel in the proper handling of recycled water and the potential health hazards involved with its use.
f) Submit plans to the DISTRICT for all proposed changes to the irrigation system on the USER's site(s) for review and approval prior to any modifications being made.
g) Have all proposed changes approved by the DISTRICT inspected by the DISTRICT'S staff during construction.
h) Maintain irrigation system record drawings of USER's site(s). i) Communicate all recycled water rules and regulations to on -site and off -site personnel.
j) Be knowledgeable of all on -site and off -site potable water systems, and take appropriate measures to prevent cross - connection with the recycled water system.
k) Inform DISTRICT of all system failures or cross -connection events so that appropriate measures may be taken to mitigate the contamination or pollution.

If the USER desires to designate another person as Site Supervisor, then the USER is responsible for notifying DISTRICT in writing of such action. In the event that someone other than the USER is designated as the Site Supervisor and this person is no longer associated with the property, the USER shall again be considered the Site Supervisor and will assume the above -listed requirements until an approved Site Supervisor is designated.

IL/
ncho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

■ Identify all above -ground fittings and appurtenances, etc. as containing recycled water and not suitable for human consumption.

Signs shall be painted or otherwise permanently affixed to equipment.
■ Altogether avoid introducing recycled water into any
potable/domestic water piping system and no connection shall be made between equipment containing, or having contained, recycled water and/or any part of a domestic water system until such time as equipment has been properly disinfected.
■ Take full responsibility for providing, operating, maintaining, and repairing USER pipelines, together with all appurtenant facilities, as are necessary to accept, convey, control, and use the recycled water in compliance with the applicable requirements of DISTRICT, federal, state, CITY's Conditions of Approval, and local regulatory agencies on their respective owned or controlled lands.
■ Allow recycled water to be used only on the areas depicted on the attached exhibit and irrigation construction plans.
■ Allow recycled water use between the hours of 9:00 p.m. and 6:00 a.m.

E. USER Acknowledgment
USER acknowledges it is understood that:
(1) DISTRICT'S Regional Water Reclamation System's purpose is to control the biological quality of the recycled water resulting from its operation. (2) Said System is not equipped to detect, treat, or remove harmful chemicals or toxic materials, except as required to meet federal, state, and local regulatory agency discharge standards.

F. Indemnification
USER, CITY, and the DISTRICT each agree, to the fullest extent permitted by law, to indemnify and hold the other party, and its directors, officers, employees, or authorized volunteers harmless from any claims, damage, liability, or cost (including attorneys' fees and costs of defense) to the extent caused by the indemnifying party's negligent acts, errors, or omissions in the performance of this agreement, including such negligent acts, errors, or omissions by sub -contractors or others for whom the indemnifying party is legally liable; provided, however, that this indemnity shall not apply to any acts, errors, or omissions attributable to the indemnified party, its directors, officers, employees, authorized volunteers, sub -contractors, or to any others for whom the indemnified party is legally liable.

M
ncho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

2. USE TERMS AND CONDITIONS
Use of the recycled water delivered pursuant to this Agreement shall be subject to the following terms and conditions:

A. Rules and Regulations
All recycled water delivered pursuant to this Agreement shall be used only for approved uses on the specified use site, as shown and depicted as USER and CITY lands on attached Exhibit "A," in compliance with applicable rules and regulations of DISTRICT, federal, state, and local regulatory agencies, including CITY's Conditions of Approval.

This Agreement has no application to the operation of the DISTRICT'S sewer and domestic water operation, including the assessment of fees and the enforcement of rules and regulations pertaining thereto. USER must comply with all rules and regulations of the DISTRICT pertaining to any properties owned or maintained by USER that connect to the DISTRICT'S Regional Water Reclamation System.

Failure to observe all regulations governing the use of recycled water will result in the immediate termination of recycled water service until such time as the deficiencies are corrected to the satisfaction of the DISTRICT.

Failure to observe said regulations shall be subject to Unauthorized Use Charges established by the DISTRICT.

B. Reclamation Requirements
USER shall apply to the DISTRICT for all applicable use permits. DISTRICT shall apply for all required Permits of Reclamation Requirements from the California Regional Water Quality Control Board, hereinafter referred to as the Regional Board, covering the use of the disinfected recycled water to be delivered and used pursuant to this Agreement. USER shall comply with the provisions of such Reclamation Requirements. USER shall use recycled water on only those areas specified in such Reclamation Requirements, unless otherwise provided for in future amendments to said Reclamation Requirements.

C. Responsibility for Conveyance and Control
(1) DISTRICT
DISTRICT shall be solely responsible for conveying and controlling the recycled water up to and including the Point of Delivery provided for in Paragraph 1.A., above.
(2) USER
USER shall be responsible for conveying and controlling, in compliance with applicable regulatory agency requirements, the recycled water delivered through USER's facilities, from the Point of Delivery as shown on the attached Exhibit "A," and the DISTRICT shall have no responsibility whatsoever relative to said USER's facilities.
ncho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

K 01C%l:/-M4:1.1140
During the term of this Agreement, the USER shall pay to the DISTRICT the in -effect commodity and applicable service charges, which are modified from time to time, as published in the DISTRICT'S Customer Guide to Rates and Charges. * The District reserves the right to modify or adjust the rate schedule(s) for providing recycled water to reflect changes in the District's operating costs, if any, as determined by the District.

4. QUANTITY
DISTRICT agrees to sell and deliver and USER agrees to purchase, accept delivery of, control, and use recycled water at an average basic quantity in the amount of ( ) gallons per day. Said quantity shall be delivered on an "as available" basis.

5. BILLING FOR RECYCLED WATER
DISTRICT will render monthly billings for recycled water deliveries made during the preceding month to the USER, based on the meter reading at the Point of Delivery. Billings, in accordance with the DISTRICT'S prevailing rules and regulations, shall be paid within thirty days of the date thereof. Any late payments shall be considered delinquent and shall be subject to the DISTRICT'S standard penalty charges and disconnection procedures then in effect.

6. ASSIGNMENT
Except as provided below, the USER shall not assign any of its individual or collective rights under this Agreement to any person or entity, or become associated with any other party involving, in any way, the recycled water to be delivered pursuant to this Agreement without the prior written consent of the DISTRICT and of any regulatory agencies having jurisdiction, which consent shall not be unreasonably withheld.

In the event USER desires to enter into a transaction for the sale or financing of the use site, DISTRICT will not unreasonably withhold its consent to continue to provide recycled water contingent upon the new owner complying with the terms of this Agreement.

7. TERM OF AGREEMENT
The term of this Agreement shall begin with the date of Agreement (first written above) and shall continue until terminated by the USER or DISTRICT.

8. CANCELLATION
A. USER or DISTRICT shall have the right to terminate this Agreement, with no financial liability to the other party or CITY, by giving thirty working days' written notice, as long as both parties mutually agree.

B. DISTRICT shall have the right to terminate this Agreement, with no financial liability to the USER or CITY, for USER'S noncompliance with applicable use and/or payment requirements.

IL/
ncho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

C. Notwithstanding Paragraph 1.13., the DISTRICT shall also have the right to terminate this Agreement by giving the USER and CITY ten days' written notice in the event the wastewater treatment criteria under which the DISTRICT currently operates is changed by operation of law, or by any regulatory agency having jurisdiction, such that the DISTRICT'S Regional Water Reclamation System, as it presently exists, cannot produce wastewater that complies with such changes without incurring additional costs or modifications to said facilities.

D. Upon termination of this Agreement by either the USER or the DISTRICT, within thirty calendar days of termination, the USER shall make a payment to the DISTRICT for all costs to remove recycled water service from the Point of Delivery to the DISTRICT'S recycled water main (hereinafter referred to a "Service Lateral"). After thirty calendar days, if a payment has not been made by the USER, the DISTRICT may elect to remove the Service Lateral and lien the USER lands for the amount due.

9. RECORDATION AGAINST TITLE
This Agreement shall be recorded against the title to the real property for which recycled water is used pursuant to this Agreement in the county in which the real property is situated.

The obligations set forth herein shall accordingly transfer to subsequent purchasers of the real property.

10. ATTORNEYS' FEES
In the event of litigation or arbitration between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs to be fixed by the court or by arbitration.

11. PREPARATION OF THIS AGREEMENT
This Agreement shall not be construed against the party preparing it, but shall be construed as if both parties prepared it.

12. CAPTIONS
Captions to Paragraph/Subparagraphs of this Agreement are for convenience purposes only and are not part of this Agreement.

13. PROVISIONS BINDING
This Agreement and Exhibit "A" attached shall be binding upon and shall inure to the heirs, representatives, successors, and assigns of the parties of this Agreement. The DISTRICT, CITY and USER intend that the benefits and burdens described herein constitute covenants running with the land for the benefit of the USER lands.

14. CERTIFICATION
IL/
ncho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

The undersigned PROPERTY OWNER and RECYCLED WATER SITE SUPERVISOR hereby certify compliance with all operational responsibilities contained in Section 1.D.(2) above.

15. AUTHORITY TO SIGN AGREEMENT
The undersigned individuals hereby warrant and represent that they each have full legal authority to sign this Agreement and bind the parties hereto.

IN WITNESS WHEREOF, this Agreement has been executed as of the day, month, and year first above written.

RANCHO CALIFORNIA WATER DISTRICT
By:

Robert S. Grantham, General Manager Date

CITY OF TEMECULA
By:
(Signature) Date
(Print Nome)
Its:
(Title/Position)
(OWNER NAME)
Rancho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

By:
(Signature) Date
(Print Nome)
Its:
(Title/Position)
Rancho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

Exhibit "A"
Point of Delivery
Rancho California Water District
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

RANCHO CALIFORNIA WATER DISTRICT

APPLICATION FOR

USE OF RECYCLED WATER
PROJECT NAME:

PROJECT ADDRESS:

LOCATION:

DEVELOPER:

CONTACT PERSON:

ADDRESS:

PHONE:
*SITE SUPERVISOR:

PHONE: (DAY)
(NIGHT)
PAGER:

DESCRIPTION OF RECYCLED WATER USE
START DATE:

END DATE:

QUANTITY (GALLONS PER DAY):

MEANS OF DISTRIBUTION:

DEVELOPER SIGNATURE CUSTOMER SIGNATURE

DATE DATE
*MUST BE ABLE TO CONTACT 24 HOURS/DAY
M
nchn California Water Distr
42135 Winchester Road • Temecula, California 92590-4800 • (951) 296-6900 • FAX (951) 296-6860 • www.ranchowater.com

Item No. 7

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: August 22, 2023
SUBJECT: Approve First Amendment to the Agreement for On Call Services with Keyser Marston and Associates, Inc.

PREPARED BY: Brandon Rabidou, Principal Management Analyst RECOMMENDATION: That the City Council approve the first amendment to the agreement with Keyser Marston Associates, Inc., in the amount of $110,000, for a total agreement of $275,000, for on call services.

BACKGROUND: From time to time, Keyser Marson and Associates, Inc. provides various on call services to the City of Temecula to support affordable housing analysis, land use scenario planning, fiscal impact analysis, and other similar services. These services help the City Council, staff, and the community understand potential impacts to various proposals that come before the City of Temecula.

FISCAL IMPACT: There are sufficient funds budgeted in the Planning line item 001.161.999.5248 for these services.

ATTACHMENTS: Amendment

FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND KEYSER MARSTON ASSOCIATES, INC.

ON CALL CONSULTANT SERVICES
THIS FIRST AMENDMENT is made and entered into as of August 8, 2023, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Keyser Marston 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 March 1, 2020, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services between City of Temecula and Keyser Marston Associates, Inc.," in the amount of $165,000.00. b. The parties now desire to extend the term of the agreement to June 30, 2025, increase the payment in the amount of $110,000.00 and to amend the Agreement as set forth in this Amendment.

2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows:
"This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:

The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed one hundred ten thousand dollars and zero cents ($110,000.00), for a total Agreement amount of two hundred seventy- five thousand dollars and zero cents ($275,000.00).

4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Aaron Adams, City Manager
ATTEST:

By:

Randl Johl, City Clerk
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney
KEYSER MARSTON ASSOCIATES, INC.

By: flcLA,'e
Paul C. Marra, Vice President
By:

CONSULTANT
Keyser Marston Associates, Inc.

Attn: Paul Marra
655 West Beech Streetr Suite 460
619 718-9600 _W--
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Initials
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Item No. 8

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: August 22, 2023
SUBJECT: Adopt Resolution to Approve the Administering Agency - State Agreement - Master Agreement No. 08-5459S21 with the State of California, Department of Transportation
PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA TO APPROVE THE ADMINISTERING AGENCY
- STATE AGREEMENT - MASTER AGREEMENT NO. 08-
5459S21 AND AUTHORIZE THE CITY MANAGER TO

EXECUTE THE AGREEMENT AND ALL PERTINENT

PROGRAM SUPPLEMENT AGREEMENTS FOR STATE

FUNDED PROJECTS
BACKGROUND: On March 8, 2011, City Council adopted Resolution No. 11-24 to approve the Administering Agency -State Agreement for State -Funded Projects, Master Agreement No. 00325S. Periodically, the Legislature of the State of California may enact new legislation by which certain State Funds are made available for use on local transportation related projects public entities qualified to act as recipients of these state funds. Before State Funds will be made available for projects, the Administering Agency and State are required to enter into an agreement to establish terms and conditions applicable to public entities when receiving State Funds.

Relevant to the City's grant award of $1,502,000 in Active Transportation Program -Senate Bill 1 (ATP-SB 1) program funds for the Santa Gertrudis Creek Phase II — Margarita Road Undercrossing from the California Transportation Commission (CTC), we are required to enter into a new Master Agreement, Administering Agency -State Agreement for State Funded Project, Agreement No. 08- 5459S21. The Master Agreement has been revised to incorporate the various changes in regulations and policies, as defined in the Local Assistance Program Guidelines (LAPG) and/or in

the current CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s).

In addition to the Master Agreement, Administering Agency - State Agreement for State Funded Project, Agreement No. 08-5459521, this Agreement shall have no force or effect with respect to any program project unless and until a project -specific Program Supplement to the Agreement for State funded projects has been fully executed by both State and Administering Agency.

Therefore, the Administering Agency agrees to execute the project -specific Program Supplement Agreement No's. OOOOOA212 and OOOOOA213, for State Only Funds in the amount of $1,462,000, and $40,000, respectively. The Program Supplement Agreement (PSA) sets out special covenants and a condition for the Administering Agency to receive State Funds for designated projects. The PSA also show these State fund that have been initially encumbered for the Project, along with the match funds to be provided by the administering Agency. Execution of the PSA by all parties shall cause Administering Agency to adopt all terms of the Master Agreement, as though fully set forth therein in the PSA.

FISCAL IMPACT: The Santa Gertrudis Creek Phase II — Margarita Road Undercrossing project is identified in the City's Capital Improvement Program for Fiscal Years 2024-28. Adequate funds are available to include ATP-SB 1 program funds in the amount of $1,502,000, and Measure S. There is no fiscal impact to approve and execute the Master Agreement and Program Supplement Agreements.

ATTACHMENTS: 1. Resolution

2. Master Agreement No. 08-5459521

3. Program Supplement Agreement No. OOOOOA212

4. Program Supplement Agreement No. OOOOOA213

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA TO APPROVE THE ADMINISTERING

AGENCY - STATE AGREEMENT - MASTER AGREEMENT
NO. 08-5459521 AND AUTHORIZE THE CITY MANAGER

TO EXECUTE THE AGREEMENT AND ALL PERTINENT

PROGRAM SUPPLEMENT AGREEMENTS FOR STATE

FUNDED PROJECTS

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and Section 2. The Administering Agency has applied to the California Transportation Commission (CTC) and/or State for funding from a State - funded program, as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and
Section 3. Said PROJECT will not receive any federal funds; and Section 4. Before State funds will be made available for PROJECT, Administering Agency and State are required to enter into an agreement to establish terms and conditions applicable to the Administering Agency with receiving State funds for a designated PROJECT facility and to the subsequent operation and maintenance of the completed facility; and Section 5. The Program Supplement sets out special covenants as a condition for the Administering Agency to receive State Funds from/through State for designated project(s) and shall also show these State Funds that have been initial encumbered for PROJECT along with the matching funds to be provided by the Administering Agency; and Section 6. Program Supplement Agreement Nos. OOOOOA212 and OOOOOA213 encumber State Funds in the amount of $1,462,000 and $40,000, respectively, for the Santa Gertrudis Creek Phase II — Margarita Road Undercrossing, Lighting, Signage, and Public Outreach Campaign; and
Section 7. The City Council approve the Administering Agency - State Agreement for State Funded Projects — Master Agreement No. 08-5459521 and authorize the City Manager to execute the Agreement and all Pertinent Program Supplement Agreements for State Funded Projects.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of August, 2023.

Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of August, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

MASTER AGREEMENT

ADMINISTERING AGENCY -STATE AGREEMENT

STATE -FUNDED PROJECTS
08 City of Temecula
-------- ---------------------------------------------- District Administering Agency
Agreement No. 08-5459521
This AGREEMENT, is entered into effective this day of , 20 , by and between the City of Temecula, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:

1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and

2. WHEREAS, ADMINISTERING AGENCY has applied t
Commission (CTC) and/or STATE for funding from a
referred to as STATE FUNDS), as defined in the Local
(LAPG) and/or in the respective CTC Guidelines,
transportation related projects as a local administered to as "PROJECT"; and
the California Transportation
State -funded program (herein
Assistance Program Guidelines
for use on local authorized
project(s), hereinafter referred

3. WHEREAS, said PROJECT will not receive any federal funds; and

4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.

2. The State approved project -specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.

3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY agrees to execute and return each project -specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project -specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.

5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed -upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.

7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.

8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).

9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.

10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.

11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.

12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.

13. If PROJECT is not on STATE -owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY -approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.

14. If PROJECT involves work within or partially within STATE -owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights -of -way or work which affects STATE facilities.

15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a

fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.

18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.

19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.

20. ADMINISTERING AGENCY shall submit PROJECT -specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.

21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.

22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.

23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.

24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.

ARTICLE II - RIGHTS -OF -WAY

1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights -of -way are available for construction purposes or will be available by the time of award of the construction contract.

2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for

PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT.
(c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. (d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.

3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights -of -way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

ARTICLE III - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide.

With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not

being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well -trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.

ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.

2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project -specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.

3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project -specific PROGRAM SUPPLEMENT or through a project -specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on -going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six- month period

4. Invoices shall be submitted on a
accordance with Chapter 5 of the LAPM
AGENCY. For construction invoices, pay
standardized billing summary template, in
to claim reimbursement by ADMINISTERING
estimates must be included.

5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.

7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of

indirect cost incurred within each fiscal year being claimed for reimbursement.

ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.

8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter.

10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.

11. ADMINISTERING AGENCY shall use its own non -STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.

12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.

14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.

15. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CaIHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess of CaIHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.

16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.

17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments. ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.

18. Every recipient and sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.

19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.

20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.

21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above -referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.

5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for AE Consultant Contracts.

6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335- 10381 for other professional service contracts.

7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD -PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.

9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third -party beneficiaries.

ARTICLE VI - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.

2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project -specific executed PROJECT SUPPLEMENT.

3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.

5. Each project -specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.

6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.

10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.

11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.

13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.

14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or

jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project -specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.

17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.

18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE -approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project -specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.

19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project -specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.

20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.

STATE OF CALIFORNIA City of Temecula

DEPARTMENT OF TRANSPORTATION
as
10 Aaron Adams, City Manager
Chief, Office of Project Management
Oversight Date
Division of Local Assistance
Date
ATTEST:

Randi Johl, City Clerk
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney

EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement

and the actual cost thereof to STATE to cure ADMINISTERING AGENCY'S breach of this Agreement.

PROGRAM SUPPLEMENT NO. OOOOOA212
to

ADMINISTERING AGENCY -STATE AGREEMENT
FOR STATE FUNDED PROJECTS NO 08-5459521
Adv. Project ID Date: July 31, 2023
0822000135 Location: 08-RIV-0-TMCA
Project Number: ATPL-5459(032)
E.A. Number:

Locode: 5459
This Program Supplement, effective 06/28/2023, hereby adopts and incorporates into the Administering Agency -State Agreement No. 08-5459521 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.

PROJECT LOCATION: Santa Gertrudis Creek Trail Undercrossing, Lighting, Signage, and Public Outreach Campaign.

TYPE OF WORK: Bike Path
LENGTH: 0.0(MILES)
Estimated Cost
State Funds
Matching Funds
LOCAL
OTHER
STATE $1,462,000.00
$1,882,331.00
$420,331.00
$0.0c

CITY OF TEMECULA
By
Aaron Adams, City Manager
Date
Attest
Randi Johl, City Clerk
Approved
As To Form Peter M. Thorson, City Attorney

STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer Date 7/31 /2023
$1,462,000.00
Program Supplement 08--545-A212- SERIAL Page 1 of 4

08-RIV-0-TMCA
ATPL-5459(032)

SPECIAL COVENANTS OR REMARKS

1. A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).

This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures.

C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE -approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE.

D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.

Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.

E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below.

Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated.

Program Supplement 08--545-A212- SERIAL Page 2 of 4

08-RIV-0-TMCA
ATPL-5459(032)

SPECIAL COVENANTS OR REMARKS
Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.

H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines.

I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations requirements which may be accessed at: www.dot.ca.gov/hq/audits/ .

ADMINISTERING AGENCY agrees to comply with, and require all sub -recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations.

ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the allowability of individual PROJECT cost items.

Any Fund expenditures for costs for which ADMINISTERING AGENCY has received Program Supplement 08--545-A212- SERIAL Page 3 of 4

08-RIV-0-TMCA
ATPL-5459(032)

SPECIAL COVENANTS OR REMARKS
payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third -party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission.

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended.

K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines.

2. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.

Program Supplement 08--545-A212- SERIAL Page 4 of 4

PROGRAM SUPPLEMENT NO. OOOOOA213
to

ADMINISTERING AGENCY -STATE AGREEMENT
FOR STATE FUNDED PROJECTS NO 08-5459521
Adv. Project ID Date: July 31, 2023
0822000136 Location: 08-RIV-0-TMCA
Project Number: ATPL-5459(033)
E.A. Number:

Locode: 5459
This Program Supplement, effective 06/28/2023, hereby adopts and incorporates into the Administering Agency -State Agreement No. 08-5459521 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.

PROJECT LOCATION: Santa Gertrudis Creek Trail Undercrossing, Lighting, Signage, and Public Outreach Campaign.

TYPE OF WORK: Pedestrian Safety Program
LENGTH: 0.0(MILES)
Estimated Cost
State Funds
Matching Funds
LOCAL
OTHER
STATE $40,000.00
$40,000.00
$0.00
$0.0c

CITY OF TEMECULA
By
Date
Attest
Approved
As To Form
Aaron Adams, City Manager
Randi Johl, City Clerk
Peter M. Thorson, City Attorney

STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer Date 7/31 /2023
$40,000.00
Program Supplement 08--545-A213- SERIAL Page 1 of 4

08-RIV-0-TMCA
ATPL-5459(033)

SPECIAL COVENANTS OR REMARKS

1. A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).

This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures.

C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE -approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE.

D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.

Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.

E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below.

Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated.

Program Supplement 08--545-A213- SERIAL Page 2 of 4

08-RIV-0-TMCA
ATPL-5459(033)

SPECIAL COVENANTS OR REMARKS
Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.

H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines.

I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations requirements which may be accessed at: www.dot.ca.gov/hq/audits/ .

ADMINISTERING AGENCY agrees to comply with, and require all sub -recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations.

ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the allowability of individual PROJECT cost items.

Any Fund expenditures for costs for which ADMINISTERING AGENCY has received Program Supplement 08--545-A213- SERIAL Page 3 of 4

08-RIV-0-TMCA
ATPL-5459(033)

SPECIAL COVENANTS OR REMARKS
payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third -party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission.

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended.

K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines.

1. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.

Program Supplement 08--545-A213- SERIAL Page 4 of 4

Item No. 9

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: August 22, 2023
SUBJECT: Approve Increase to the Professional Services Contingency Authorization for the Margarita Recreation Center Project, PW17-21
PREPARED BY: Amer Attar, Engineering Manager
Nino Abad, Senior Civil Engineer
RECOMMENDATION: That the City Council:

1. Approve an increase to the contingency for professional services for the Margarita Recreation Center Project, PW17-21 by $43,000; and

2. Increase the City Manager's authorized contingency by $43,000.

BACKGROUND: The Margarita Recreation Center (MRC), PW 17-21 is a Capital Improvement Program (CIP) project to design -build a new MRC building and pool to replace the old facility. Currently, the design phase is complete, the old MRC facility has been demolished, and the new MRC building and pool are under construction.

The new MRC will be approximately 8,600 square feet of indoor space including a classroom, multipurpose room with operable partition, dance/fitness room, kitchen, administrative/reception offices, lifeguard/aquatic and first aid rooms, locker rooms, and restrooms. The new center's outdoor facilities include multiple patio spaces and a 65'wide x 75' long pool with shallow depth entry, transitioning to a 9' maximum depth, with a 3/4 meter height diving board. An accessory structure for mechanical equipment related to the pool as well as additional storage is also included.

On February 26, 2019, the City Council approved an agreement for consultant services with NV5, Inc. in the amount of $880,365 and authorized the City Manager Extra Work Authorizations not to exceed the contingency amount of $88,036.50 for the project. The agreement generally included the development of preliminary design and bridging documents, bid support, design -build project management services, geotechnical inspections, special inspections, and construction management services.

The City Council approved increases to the City Manager's authorized contingency on September 13, 2022 and on February 28, 2023 by $80,000 and $150,000 respectively. These increases were to accommodate City requested design changes, increasing the design duration, and supply issues related to critical electrical components increases the construction duration.

At this time staff anticipates it has funding for construction management and inspection services through approximately September 1, 2023. It is anticipated that construction will be completed on or before October 16, 2023 and therefore additional contingency is required to provide construction management and inspection services through that time period.

Staff recommends an increase to the City Manager's authorized contingency in the amount of $43,000 for a total authorized contingency of $361,036.50.

FISCAL IMPACT: The Margarita Recreation Center project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2024-28 funded with Capital Financing, DIF (Park & Rec Improvements), and Measure S. There are sufficient funds in the project account to the increase to the authorized contingency by $43,000.

ATTACHMENTS: Project Description

Alk
The Heart of Southern California
Wine Country

MARGARITA RECREATION CENTER
Infrastructure Project
Project Description: This project consists of the construction of a new recreation center in Mike Naggar Community Park in place of the former YMCA building. The project includes the demolition of the existing building and pool, constructing a new building and pool as determined by a Community Needs Assessment and available budget. The Information Technology component includes camera system infrastructure, access control, Public Wi-Fi and other identified technology needs.

Benefit: This project will provide the City a new facility to meet the increasing demands of recreational programs.

Core Value: Healthy and Livable City
Project Status: Under construction. Construction completion and Grand Opening anticipated in September 2023.

Department: Public Works - Account No. 210.265.999.5800.PW17-21 / 692 Level: I
City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
4;. /
Project Cost:

Prior Years
Actuals
2023-24
2022-23 Adopted 2024-25 2025-26 2026-27 2027-28
Adjusted Budget Projected Projected Projected Projected Total Project
Cost
5801-Administration
276,051
160,606
436,657
5804-Construction
1,244,331
8,701,128
9,945,459
5805-Construction Engineering
4,739
1,907
6,646
5802-Design & Environmental
531,607
666,795
1,198,402
5809-Information Technology
344,343
670,000
1,014,343
Total Expenditures
2,401,072
10,200,436
12,601,508
Source of Funds:
4481-Capital Financing
6,405,000
6,405,000
4244-DIF-Park & Rec Improvements
600,000
600,000
4256-DIF-Police Facilities
137,000
137,000
4002-Measure S
1,636,773
3,822,735
5,459,508
Total Funding
8,041,773
4,559,735
12,601,508
Future Operating & Maintenance Costs:

Total Operating Costs 1 1,383,815 1,435,233 1,488,628 1,544,079 Notes :

1. Capital Financing reflects the Temecula Public Financing Authority's 2018 Lease Financing arrangement which provides $6.4M in funding, with a term of 15 years at an interest rate of3.42%, repaid by the General Fund.(Loan Paid off in 2022)

Do Not Remove

Supplemental Material

Item No. 10 – Approve the Funding Agreement
with the County of Riverside for the Michael
“Mike” Naggar Park Dog Park Renovation
Project, PW21-14 and Authorize the City
Manager to Execute the Agreement –
REVISED Funding Agreement

1 FUNDING AGREEMENT FOR

CITY OF TEMECULA MIKE NAGGAR COMMUNITY PARK EXPANSION PROJECT

This Funding Agreement (“Agreement”) is entered into by and between the County of Riverside, a political subdivision of the State of California, (“County”) and the City of Temecula, (“Subrecipient”).

County and Subrecipient are sometimes individually referred to as “Party” and collectively as “Parties.”

RECITALS

WHEREAS, on March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law, amending Section 9901 of Title VI of the Social Security Act which establishes the Coronavirus State and Local Fiscal Recovery Funds (Fiscal Recovery Funds) to provide state, local and Tribal governments with the resources needed to respond to the pandemic and its economic effects and to build a stronger, more equitable economy during the recovery; and

WHEREAS, on February 8, 2022, Minute Order 3.3, the Board of Supervisors of the County of Riverside approved allocation of ARPA funds to support eligible projects within Riverside County; and

WHEREAS, on January 6, 2022, the U.S. Department of the Treasury (U.S. Treasury) adopted a final rule implementing the Fiscal Recovery Funds which took effect on April 1, 2022 (Final Rule); and

WHEREAS, to respond to the negative effects of the pandemic, which in turn affect our community as a whole, the County has dedicated a portion of the allotted ARPA funds to local agencies for the delivery and implementation of eligible neighborhood revitalization projects; and

WHEREAS, the County desires to reimburse and the Subrecipient desires to accept ARPA Fiscal Recovery Funds in a total amount not to exceed $200,000, for expenditures identified in Attachment A related to the Mike Naggar Community Park Expansion Project (“Neighborhood Revitalization Project”); and

NOW THEREFORE, in consideration of the mutual benefits, covenants, terms and conditions contained herein, the Parties agree as follows:

AGREEMENT

1. Incorporation of Recitals. The Recitals set forth above are incorporated herein and made an operative part of this Agreement.

2. Contract Documents. This Agreement consists of this Agreement and the following attachments, attached hereto and by this reference incorporated herein:

2.1 Attachment A – Neighborhood Revitalization Project Scope

2.2 Attachment B – U.S. Treasury ARPA Fiscal Recovery Funds Final Rule

2.3 Attachment C – Uniform Administrative Requirements, Cost Principles, Federal Provisions and Audit Requirements for Federal Awards -2 CFR Part 200 et seq

2.4 Attachment D – Indemnification and Insurance Requirements

2.5 Attachment E – Project Monitoring Requirements

2.6 Attachment F – Construction Requirements

2 3. Neighborhood Revitalization Project; Scope of Work. Subrecipient shall be responsible for completion of all activities associated with design, implementation, installation and construction of the Neighborhood Revitalization Project, as described in Attachment A, on or before December 31, 2026, by first using funds received from the County in the amount provided in Section 4 of this Agreement.

The Subrecipient shall also furnish timely reporting and documentation assuring Subrecipient’s compliance with the U.S. Treasury ARPA Guidelines (as stated in the Final Rule of the U.S.

Department of the Treasury published in the Federal Register on January 27, 2022), and within the timelines and specifications provided in Attachment E. Under the provisions of the Agreement, the County shall bear no responsibility for the Neighborhood Revitalization Project, including without limitation any activities associated with implementation, installation and construction, or any future operation or maintenance of the Neighborhood Revitalization Project.

3.1 Project Signage. Subrecipient shall include appropriate acknowledgement of credit to the County for its support when promoting the Neighborhood Revitalization Project or using any data and/or information developed under this Agreement. Signage shall be posted in a prominent location at Neighborhood Revitalization Project site(s) and shall include the U.S. Department of Treasury’s, and the County’s color logos, along with the following disclosure statement: “Funding for this project has been provided in full or in part from the American Rescue Plan Act, and through an agreement with the County of Riverside.” The Subrecipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

4. Funding.

4.1 County shall provide funding to Subrecipient in a total amount not to exceed $200,000 (“Award”), in quarterly payments in accordance with progress pay estimates submittals, and in compliance with ARPA Guidelines as set forth in Attachment B, attached hereto and by this reference incorporated herein, for the completion of the Neighborhood Revitalization Project. In the event that there is a conflict in the terms for payment in this Agreement and the terms in Attachments B and C, the terms in Attachments B and C shall take precedence. Subrecipient shall provide other non-federal funding at least equal to the amounts shown in Attachment A, attached hereto and by this reference incorporated herein, as a match to the funds provided by the County for the Neighborhood Revitalization Project.

4.2 Except as expressly provided in Attachment A of this Agreement, Subrecipient shall not be entitled to, nor receive from County any additional funding or other type of remuneration for services rendered under this Agreement. The Award amounts described in this Section are specifically for the Neighborhood Revitalization Project and make up the entire amount which the County has approved to fund for the Neighborhood Revitalization Project. Subrecipient shall not be entitled by virtue of this Agreement to consideration in excess of specified per-project Award amounts, and Subrecipient shall be responsible for any and all costs incurred above any Award amount for its implementation and completion of the Neighborhood Revitalization Project. Any subsequent amendments to the Neighborhood Revitalization Project scope or description is not covered by this Agreement, and the funding for any such amendment or for any Neighborhood Revitalization Project cost overruns shall be the sole responsibility of Subrecipient, unless otherwise approved in writing by the County.

4.3 Should it be determined at any time by the Subrecipient or the County that the Subrecipient cannot, will not or is unable to complete the Neighborhood Revitalization Project subject to this Agreement in accordance with the applicable State and Federal requirements and the provisions of this Agreement on or before December 31, 2026, then the subrecipient shall return 100% of the Award amount reimbursed to Subrecipient for the uncompleted Neighborhood Revitalization Project as of the date of notification to the County, within thirty (30) days of notification.

3 4.4 In the event the actual cost for Neighborhood Revitalization Project is less than Award, Subrecipient shall refund the difference to County within thirty (30) days of filing the Notice of Completion for the Neighborhood Revitalization Project, or by June 30, 2026, whichever occurs first.

Subrecipient shall return any reimbursed Award Funds that have not been expended or are not adequately supported by invoices and documentation to the County, within thirty (30) days of completion of construction of the Neighborhood Revitalization Project, or upon request by the County, whichever occurs first.

5. Invoicing and Billing

5.1 Invoices.

5.1.1 Invoices shall be submitted via e-mail to [email protected]. The final invoice from the Subrecipient will be submitted with enough time for the County to reimburse the Subrecipient prior to December 31, 2026, per the final rule of ARPA.

5.1.2 Supporting documentation shall accompany each invoice: copies of paid receipts and invoices of all Neighborhood Revitalization Project costs incurred by Subrecipient.

5.1.3 To ensure compliance with Federal and State regulations, County may require additional supporting documentation or clarification of claimed expenses as follows:

5.1.3.1 County Executive Office staff shall notify Subrecipient to obtain necessary additional documentation or clarification.

5.1.3.2 Subrecipient shall respond within three (3) business days with required additional documentation or clarification to avoid disallowances/partial payment of invoice.

5.1.3.3 All invoices containing expenses that need additional documentation or clarification not provided to County within three (3) business days of request shall have those expenses disallowed and only the allowed expenses shall be paid.

5.1.3.4 Subrecipient may resubmit disallowed expenses as a supplemental invoice only and must be accompanied by required documentation.

5.2 Payments

5.2.1 If the conditions set forth in this Agreement are met, County shall pay, on/or before the thirtieth (30th) day after receipt of a complete and accurate invoice, the sum of money claimed by the approved invoice, (less any credit due County for adjustments of prior invoices). If the conditions are not met, County shall pay when the necessary processing is completed and/or proper backup documentation is provided.

5.2.2 County shall not pay for unauthorized costs incurred by Subrecipient or for the claimed work which County monitoring shows have not been provided as authorized.

5.2.3 County retains the right to withhold payment on disputed claims.

6. Term. The Term of this Agreement shall be from the date of approval of this Agreement until filing of notice of completion for the Neighborhood Revitalization Project, or on December 31, 2026, whichever is sooner, unless sooner terminated as provided herein.

4 7. Subrecipient Compliance Obligations. The Subrecipient agrees to comply with the terms and conditions of this Agreement. The Subrecipient also agrees to apply the terms and conditions of this Agreement to all of its subcontractors (if applicable) and to require their strict compliance therewith.

If it is determined that the Subrecipient is noncompliant, County may temporarily withhold or disallow reimbursement of costs, under 2 C.F.R. Part 200, as supplemented by 2 C.F.R. Part 910.

7.1 Federal Provisions. Subrecipient and all of its subcontractors shall comply with the Uniform Administrative Requirements, Cost Principles, Federal Provisions and Audit Requirements for Federal Awards Provisions contained in Attachment C

8. Contract Representatives.

8.1 County Representative. The County Executive Officer, or designee, shall be the designated representative who shall administer this Agreement on behalf of the County.

8.2 Subrecipient Representative. The City Manager, or designee, shall be the designated representative who shall administer this Agreement on behalf of the Subrecipient.

8.3 The Contract Representatives may be contacted as described in Section 11, below.

9. Records and Audit.

9.1 Subrecipient shall store and maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of five (5) years from the termination or completion of this Agreement. This includes any handwriting, typewriting, printing, photostatic, photographing and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. Any authorized representative of County shall have access to any writings as defined above for the purposes of making a report, audit, evaluation, or examination Further, County has the right at all reasonable times to audit, inspect or otherwise evaluate the work performed or being performed under this Agreement.

9.2 If it is determined pursuant to an audit that any funds provided pursuant to this Agreement have been improperly expended, Subrecipient shall, at the direction of the agency performing the audit, reimburse the County within thirty (30) days the full amount of such improperly expended funds. The funds shall be reimbursed in accordance with the recommendations in the audit.

10. Monitoring of Contract Compliance and Infrastructure Progress Reports.

10.1 Contract Compliance. The Subrecipient shall comply with the monitoring arrangements set forth in Project Monitoring Requirements, and Construction Requirements, attached as Attachments E and F, respectively.

10.2 Neighborhood Revitalization Project Progress Reports and Progress Pay Estimates.

Subrecipient shall, as specified herein, provide quarterly reports detailing Neighborhood Revitalization Project’s progress, including a financial status report and milestone progress report as described in Attachment E.

11. Notices. As used in this Agreement, notice includes but is not limited to the communications of any notice, request, demand, approval, statement, report, acceptance, consent, waiver, and appointment. All notices must be in writing. All such notices from one party to another may be delivered in person, sent via reputable overnight courier, or served by first-class mail, certified or registered, postage prepaid, to each and all of the addresses set forth below.

5 If to County: If to Subrecipient:

Riverside County Executive Office City of Temecula
Attention: Rania Odenbaugh and Scott Bruckner Attention: Aaron Adams 4080 Lemon Street, 4th Floor, 41000 Main Street
Riverside, CA. 92501 Temecula, CA 92590

12. Conflicts of Interest. Subrecipient covenants that it presently has no interest, including but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. Subrecipient further covenants that in the performance of this Agreement, no person having any such interest shall be employed or retained by it under this Agreement. In the event federal funds are used, in whole or in part, for this Neighborhood Revitalization Project, Subrecipient understands and agrees it must maintain a conflict of interest policy consistent with 2. C.F.R. section 200.318 (c) and that such conflict of interest policy is applicable to each activity funded under this award. Subrecipient must disclose in writing to the U.S. Treasury or through County, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2. C.F.R. section 200.12.

13. Nondiscrimination. During any period in which Subrecipient is in receipt of funds from County, Subrecipient and its Board, officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religious creed, color, national origin, ancestry, physical or mental disability including perception of disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex, sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military and veteran status. Subrecipient and its officers, employees, agents, representatives or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non- discrimination and equal opportunity, including without limitation the County’s non- discrimination policy; Title VI of the Civil Rights Act of 1964 (42 US.C. sections 2000d et seq.) and U.S. Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. sections 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act of 1973, as amended (42 U.S.C. sections 6101 et seq.), and the U.S. Treasury’s implementing regulations at 31 C.F.R. part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. sections 12101 et seq.)which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto; The Fair Employment and Housing Act (Government Code sections 12900 et seq.); California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of Federal Regulations, and Riverside County’s non-discrimination policy.

Subrecipient shall include the non-discrimination and compliance provisions of this Section in all subcontracts to perform work under or as a derivative of this Agreement.

6 14. Indemnification. The Subrecipient shall be bound by the indemnification, hold harmless and defend provisions contained in Attachment D.

15. Insurance. Subrecipient shall obtain, and maintain, or caused to be obtained and maintained, at all times during the Term of this Agreement, insurance coverage in the amounts and coverage specified in Attachment D.

16. Termination. The County may terminate this agreement upon a determination that Subrecipient is not complying with ARPA terms and conditions. The County may withhold additional planned distributions of funding to Subrecipient pending receipt of requisite reporting requirements by Subrecipient to the County as described herein.

17. Compliance with Laws. The Subrecipient is required to comply with all applicable federal, state and local laws and regulations for all work performed or funded by and through this Agreement. The Subrecipient is required to obtain all necessary federal, state and local permits, authorizations and approvals for all work performed under this Agreement.

18. Disputes. The parties shall attempt to resolve any disputes amicably at the working level. If that is not successful, the dispute shall be referred to the senior management of the parties. The Subrecipient shall proceed diligently with the Neighborhood Revitalization Project described in this Agreement pending the resolution of a dispute. The Parties reserve the right to pursue any remedies at law or in equity should any dispute relating to this Agreement not by resolved by the Parties. Notwithstanding the foregoing, prior to the filing of any legal action related to this Agreement, the Parties shall be obligated to attend a mediation session in Riverside County before a neutral third party mediator. A second mediation session shall be required if the first session is not successful. The parties shall share the cost of the mediations.

19. Status of Subrecipient. The Subrecipient is, for purposes relating to this Agreement, an independent contractor and shall not be deemed an employee of the County. It is expressly understood and agreed that the Subrecipient (including its employees, agents, and subcontractors) shall in no event be entitled to any benefits to which County employees are entitled, including but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. There shall be no employer-employee relationship between the parties nor is there a joint venture; and Subrecipient shall indemnify and hold County harmless from any and all claims that may be made against County based upon any contention by a third party that an employer-employee relationship exists by reason of this Agreement.

19.1 All acts of Subrecipient and its officers, employees, agents, representatives, subcontractors, and all others acting on behalf of Subrecipient relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of County. Subrecipient, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of County. No agent, officer or employee of the County is to be considered an employee of Subrecipient. At all times during the term of this Agreement, the Subrecipient and its officers, employees, agents, representatives, or subcontractors are, and shall represent and conduct themselves as, independent contractors and not employees of County.

19.2 Subrecipient shall determine the method, details, and means of performing the work and services to be provided by Subrecipient under this Agreement. Subrecipient shall be responsible to County only for the requirements and results specified in this Agreement and, except as expressly

7 provided in this Agreement, shall not be subjected to County's control with respect to the physical action or activities of Subrecipient in fulfillment of this Agreement. Subrecipient has control over the manner and means for completion of the Neighborhood Revitalization Project described in this Agreement. If necessary, Subrecipient has the responsibility for employing or engaging other persons or firms to assist Subrecipient in fulfilling the terms and obligations under this Agreement.

19.3 If in the performance of this Agreement any third persons are employed by Subrecipient, such persons shall be entirely and exclusively under the direction, supervision, and control of Subrecipient. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Subrecipient. It is further understood and agreed that Subrecipient must issue W-2 forms or other forms as required by law for income and employment tax purposes for all Subrecipient’s assigned personnel under the terms and conditions of this Agreement.

20. Entire Agreement. This Agreement is the result of negotiations between the Parties. This Agreement is intended by the Parties as a full and final expression of their understanding with respect to the matters contained in this Agreement and shall not be modified in any manner except by an instrument in writing executed by the Parties or their respective successors in interest.

21. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

22. Governing Law and Venue. The interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County, California.

23. Construction/Interpretation. Headings or captions to the provisions of this Agreement are solely for the convenience of the Parties, are not part of this Agreement, and shall not be used to interpret or determine the validity of this Agreement. Any ambiguity in this Agreement shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both parties had in fact drafted this Agreement.

24. No Waiver. Failure of the Parties to insist upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.

25. No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

26. Severability. It is intended that each paragraph of this Agreement shall be treated as separate and divisible, and in the event that any paragraphs are deemed unenforceable, the remainder shall continue to be in full force and effect so long as the primary purpose of this Agreement is unaffected.

27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.

28. Use of Electronic (Digital) Signatures. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that

8 meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ.

Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code

[Signature Provisions on Following Page]

9 28.Authority to Enter Agreement. Each Party to this Agreement warrants to the other that it is duly organized and existing and that it and the respective signatories have full right and authority to enter into and consummate this Agreement and all related documents and bind the parties thereto.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date as indicated beside each Party's signature.

COUNTY:

COUNTY OF RIVERSIDE, a political subdivision
of the State of California
By: ______________________________
SUBRECIPIENT:

CITY OF TEMECULA
By: _______________________________
Chair, Board of Supervisors Aaron Adams, City Manager
ATTEST:

Clerk of the Board
Kimberly Rector
By: _____________________________
Deputy
(Seal)

APPROVED AS TO FORM
County Counsel
By: ________________________
Kristine Bell-Valdez
Deputy County Counsel
ATTEST:
___________________________
Randi Johl, City Clerk
APPROVED AS TO FORM:
___________________________
Peter M. Thorson, City Attorney

10 Attachment A – Neighborhood Revitalization Project Scope

Dog Park Renovation at Michael “Mike” Naggar Park
Scope of Work

The Subrecipient will complete all planning, design, and procurement necessary to construct the Project. The Subrecipient will construct a dog park at Michael “Mike” Naggar Community Park that includes a pen for small breed dogs and a pen for large breed dogs. In addition, there will be new water fountains, benches, trash receptacles, dog bag dispensers, trees and other landscape improvements, and shade structures.

Project Budget

ITEM DESCRIPTION

COUNTY OF

RIVERSIDE
ARPA

PROJECT

FUNDING
AMOUNT
(Not to Exceed)

SUBRECIPIENT

NON-FEDERAL

FUNDING
AMOUNT

ESTIMATED

PROJECT COST
1 Facility Planning $0 $0 $0
2 Preliminary Design $0 $0 $0
3 Final Design $0 $71,516 $71,516
4 Spec Review,
Bid/Award
$0 $100,000 $100,000
5 Construction $200,000 $593,484 $793,484
6 Admin Closeout $0 $75,000 $75,000
TOTAL: $200,000 $840,000 $1,040,000

Schedule

ITEM DESCRIPTION OF SUBMITTAL ESTIMATED DUE
DATE
1 Feasibility Report N/A
2 Preliminary Design Report N/A
3 Final Design August 30, 2023
4 Spec Review, Bid/Award August 30, 2023
5 Construction and Implementation January 31, 2024
6 Admin Closeout April 30, 2024

11 Attachment B – U.S. Treasury ARPA Fiscal Recovery Funds Final Rule

4338 Federal Register /Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 1 Public Law 117–2. https://www.congress.gov/
117/plaws/publ2/PLAW-117publ2.pdf.
2 Throughout this Supplementary Information,
Treasury uses ‘‘state, local, and Tribal
governments’’ or ‘‘recipients’’ to refer generally to
governments receiving SLFRF funds; this includes
states, territories, Tribal governments, counties,
metropolitan cities, and nonentitlement units of
local government.
3 86 FR 26786 (May 17, 2021).
4 Centers for Disease Control and Prevention,
COVID Data Tracker: COVID–19 Vaccinations in the
United States, https://covid.cdc.gov/covid-data-
tracker/#vaccinations (last visited December 31,
2021).
5 Centers for Disease Control and Prevention,
COVID Data Tracker, http://www.covid.cdc.gov/
covid-data-tracker/#datatracker-home (last visited
December 7, 2021).
6 U.S. Bureau of Labor Statistics, Unemployment
Rate [UNRATE], retrieved from FRED, Federal
Reserve Bank of St. Louis; https://fred .
stlouisfed.org/series/UNRATE (last visited
December 7, 2021).
7 Id.
8 U.S. Bureau of Economic Analysis, Real Gross
Domestic Product [GDPC1], retrieved from FRED,
Federal Reserve Bank of St. Louis, https://fred .
stlouisfed.org/series/GDPC1 (last visited December
7, 2021).
9 U.S. Bureau of Labor Statistics, supra note 6.
10 U.S. Bureau of Labor Statistics, All Employees,
State Government [CES9092000001] and All
Employees, Local Government [CES9093000001],
retrieved from FRED, Federal Reserve Bank of St.

Louis, https://fred.stlouisfed.org/series/
CES9092000001 and https://fred.stlouisfed.org/
series/CES9093000001 (last visited December 7,
2021).
11 The ARPA adds section 602 of the Social
Security Act, which creates the State Fiscal
Recovery Fund, and section 603 of the Social
Security Act, which creates the Local Fiscal
Recovery Fund (together, SLFRF). Sections 602 and
603 contain substantially similar eligible uses; the
primary difference between the two sections is that
section 602 establishes a fund for states, territories, and Tribal governments and section 603 establishes
a fund for metropolitan cities, nonentitlement units
of local government, and counties.

DEPARTMENT OF THE TREASURY
31 CFR Part 35
RIN 1505–AC77
Coronavirus State and Local Fiscal
Recovery Funds
AGENCY: Department of the Treasury.

ACTION: Final rule.

SUMMARY: The Secretary of the Treasury
(Treasury) is adopting as final the
interim final rule published on May 17,
2021, with amendments. This rule
implements the Coronavirus State Fiscal
Recovery Fund and the Coronavirus
Local Fiscal Recovery Fund established
under the American Rescue Plan Act.

DATES: The provisions in this final rule
are effective April 1, 2022.

FOR FURTHER INFORMATION CONTACT:

Katharine Richards, Director,
Coronavirus State and Local Fiscal
Recovery Funds, Office of Recovery
Programs, Department of the Treasury,
(844) 529–9527.

SUPPLEMENTARY INFORMATION:

I. Introduction
Overview
Since the first case of coronavirus
disease 2019 (COVID–19) was
discovered in the United States in
January 2020, the pandemic has caused
severe, intertwined public health and
economic crises. In March 2021, as
these crises continued, the American
Rescue Plan Act of 2021 (ARPA)1
established the Coronavirus State and
Local Fiscal Recovery Funds (SLFRF) to
provide state, local, and Tribal
governments 2 with the resources
needed to respond to the pandemic and
its economic effects and to build a
stronger, more equitable economy
during the recovery. The U.S.

Department of the Treasury (Treasury)
issued an interim final rule
implementing the SLFRF program on
May 10, 2021 3 and has since disbursed
over $240 billion to state, local, and
Tribal governments and received over
1,500 public comments on the interim
final rule. Treasury is now issuing this
final rule which responds to public
comments, implements the ARPA
statutory provisions on eligible and
ineligible uses of SLFRF funds, and
makes several changes to the provisions
of the interim final rule, summarized
below in the section Executive
Summary of Major Changes.

Since Treasury issued the interim
final rule in May 2021, both the public
health and economic situations facing
the country have evolved. On the public
health front, the United States has made
tremendous progress in the fight against
COVID–19, including a historic
vaccination campaign that has reached
over 80 percent of adults with at least
one dose and is reaching millions of
children as well.4 However, the disease
continues to present an imminent threat
to public health, especially among
unvaccinated individuals. As the Delta
variant spread across the country this
summer and fall, the United States faced
another severe wave of cases, deaths,
and strain on the healthcare system,
with the risk of hospitalization and
mortality exponentially greater to
unvaccinated Americans. COVID–19 has
now infected over 50 million and killed
over 800,000 Americans since January
2020; tens of thousands of Americans
continue to be infected each day.5 Even
as the nation recovers, new and
emerging COVID–19 variants may
continue to pose threats to both public
health and the economy. Moving
forward, state, local, and Tribal
governments will continue to play a
major role in responding through
vaccination campaigns, testing, and
other services.

The economic recovery similarly has
made tremendous progress but faces
continued risks from the disease and the
disruptions it has caused. In the early
months of the pandemic, the United
States experienced the sharpest
economic downturn on record, with
unemployment spiking to 14.8 percent
in April 2020.6 The economy has
gradually added back jobs, with growth
accelerating in the first half of 2021.7
However, as the Delta variant spread,
the intensified health risks and renewed
disruptions slowed growth,
demonstrating the continued risks from
the virus. By fall 2021, the economy had
exceeded its pre-pandemic size 8 and
unemployment had fallen below 5
percent,9 but despite this progress, too
many Americans remain unemployed,
out of the labor force, or unable to pay
their bills, with this pain particularly
acute among lower-income Americans
and communities of color. Again,
moving forward, state, local, and Tribal
governments will remain on the
frontlines of the economic response and
rebuilding a stronger economy in the
aftermath of the pandemic.

However, as state, local, and Tribal
governments continue to face
substantial needs to respond to public
health and economic conditions, they
have also experienced severe impacts
from the pandemic and resulting
recession. State, local, and Tribal
governments cut over 1.5 million jobs in
the early months of the pandemic amid
sharp declines in revenue and remain
over 950,000 jobs below their pre-
pandemic levels.10 As the Great
Recession demonstrated, austerity
among state, local, and Tribal
governments can hamper overall
economic growth and severely curtail
the ability of governments to serve their
constituents.

Recognizing these imperatives, the
SLFRF program provides vital resources
for state, local, and Tribal governments
to respond to the pandemic and its
economic effects and to replace revenue
lost due to the public health emergency,
preventing cuts to government services.

Specifically, the ARPA provides that
SLFRF funds 11 may be used:
(a) To respond to the public health
emergency or its negative economic
impacts, including assistance to
households, small businesses, and
nonprofits, or aid to impacted industries
such as tourism, travel, and hospitality;
(b) To respond to workers performing
essential work during the COVID–19
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4339 Federal Register /Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations public health emergency by providing
premium pay to eligible workers;
(c) For the provision of government
services to the extent of the reduction in
revenue due to the COVID–19 public
health emergency relative to revenues
collected in the most recent full fiscal
year prior to the emergency; and
(d) To make necessary investments in
water, sewer, or broadband
infrastructure.

In addition, Congress specified two
types of ineligible uses of funds: funds
may not be used for deposit into any
pension fund or, for states and
territories only, to directly or indirectly
offset a reduction in net tax revenue
resulting from a change in law,
regulation, or administrative
interpretation.

Issued May 10, 2021, Treasury’s
interim final rule provided further detail
on eligible uses of funds within the four
statutory categories, ineligible uses of
funds, and administration of the
program. The interim final rule
provided state, local, and Tribal
governments substantial flexibility to
determine how best to use payments
from the SLFRF program to meet the
needs of their communities. The interim
final rule aimed to facilitate swift and
effective implementation by establishing
a framework for determining the types
of programs and services that are
eligible under the ARPA along with
examples of eligible uses of funds that
state, local, and Tribal governments may
consider.

State, local, and Tribal governments
are already deploying SLFRF funds to
make an impact in their communities.

The SLFRF program ensures that state,
local, and Tribal governments have the
resources needed to fight the pandemic,
sustain and strengthen the economic
recovery, maintain vital public services,
and make investments that support
long-term growth, opportunity, and
equity. Treasury looks forward to
supporting and engaging with state,
local, and Tribal governments as they
use these funds to make transformative
investments in their communities.

Finally, with so many pressing and
effective ways to use SLFRF funds, there
is no excuse for waste, fraud, or abuse
of these funds.

Treasury received over 1,500
comments spanning nearly all aspects of
the interim final rule. The final rule
considers and responds to comments,
provides clarification to many aspects of
the interim final rule, and makes several
changes to eligible uses under the
program, summarized immediately
below.

Executive Summary of Major Changes
and Clarifications
The final rule provides broader
flexibility and greater simplicity in the
program, in response to public
comments. Among other clarifications
and changes, the final rule provides for
the following:
•Public Health and Negative
Economic Impacts: In addition to
programs and services, the final rule
clarifies that recipients may use funds
for capital expenditures that support an
eligible COVID–19 public health or
economic response. For example,
recipients may build certain affordable
housing, childcare facilities, schools,
hospitals, and other projects consistent
with the requirements in this final rule
and the Supplementary Information.

In addition, the final rule presumes
that an expanded set of households and
communities are ‘‘impacted’’ or
‘‘disproportionately impacted’’ by the
pandemic, thereby allowing recipients
to provide responses to a broad set of
households and entities without
requiring additional analysis. Further,
the final rule provides a broader set of
enumerated eligible uses available for
these communities as part of COVID–19
public health and economic response,
including making affordable housing,
childcare, and early learning services
eligible in all impacted communities
and making certain community
development and neighborhood
revitalization activities eligible for
disproportionately impacted
communities.

Further, the final rule allows for a
broader set of uses to restore and
support government employment,
including hiring above a recipient’s pre-
pandemic baseline, providing funds to
employees that experienced pay cuts or
furloughs, avoiding layoffs, and
providing retention incentives.
•Premium Pay: The final rule offers
more streamlined options to provide
premium pay, by broadening the share
of essential workers who can receive
premium pay without a written
justification while maintaining a focus
on lower-income and frontline essential
workers.
•Revenue Loss: The final rule offers
a standard allowance for revenue loss of
up to $10 million, not to exceed a
recipient’s SLFRF award amount,
allowing recipients to select between a
standard amount of revenue loss or
complete a full revenue loss calculation.

Recipients that select the standard
allowance may use that amount for
government services.
•Water, Sewer, and Broadband
Infrastructure: The final rule
significantly broadens eligible
broadband infrastructure investments to
address challenges with broadband
access, affordability, and reliability, and
adds additional eligible water and sewer
infrastructure investments, including a
broad range of lead remediation and
stormwater management projects.

Structure of the Supplementary
Information
In addition to this Introduction, this
Supplementary Information is organized
into four sections: (1) Eligible Uses, (2)
Restrictions on Use, (3) Program
Administration Provisions, and (4)
Regulatory Analyses.

The Eligible Uses section describes
the standards to determine eligible uses
of funds in each of the four eligible use
categories:
(1) Responding to the public health
and negative economic impacts of the
pandemic (which includes several sub-
categories)
(2) Providing premium pay to
essential workers
(3) Providing government services to
the extent of revenue loss due to the
pandemic, and
(4) Making necessary investments in
water, sewer, and broadband
infrastructure.

Each eligible use category has
separate and distinct standards for
assessing whether a use of funds is
eligible. Standards, restrictions, or other
provisions in one eligible use category
do not apply to the others. Therefore,
recipients should first determine which
eligible use category a potential use of
funds fits within, then assess whether
the potential use of funds meets the
eligibility standard or criteria for that
category. In the case of uses to respond
to the public health and negative
economic impacts of the pandemic,
recipients should also determine which
sub-category the eligible use fits within
(i.e., public health, assistance to
households, assistance to small
businesses, assistance to nonprofits, aid
to impacted industries, or public sector
capacity and workforce), then assess
whether the potential use of funds
meets the eligibility standard for that
sub-category. Treasury does not pre-
approve uses of funds; recipients are
advised to review the final rule and may
pursue eligible projects under it.

In some sections of the rule, Treasury
identifies specific uses of funds that are
eligible, called ‘‘enumerated eligible
uses’’; for example, Treasury provides
many enumerated eligible uses of funds
to respond to the public health and
negative economic impacts of the
pandemic. Uses of funds that are not
specifically named as eligible in this
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4340 Federal Register /Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 12 Centers for Disease Control and Prevention,
COVID Data Tracker, http://www.covid.cdc.gov/
covid-data-tracker/#datatracker-home (last visited
December 31, 2021).
13 U.S. Bureau of Labor Statistics, All Employees,
Total Nonfarm [PAYEMS] https://fred .
stlouisfed.org/series/PAYEMS (last visited
December 7, 2021).
final rule may still be eligible in two
ways. First, under the revenue loss
eligible use category, recipients have
broad latitude to use funds for
government services up to their amount
of revenue loss due to the pandemic. A
potential use of funds that does not fit
within the other three eligible use
categories may be permissible as a
government service, which recipients
can fund up to their amount of revenue
loss. For example, transportation
infrastructure projects are generally
ineligible as a response to the public
health and negative economic impacts
of the pandemic; however, a recipient
could fund these projects as a
government service up to its amount of
revenue loss, provided that other
restrictions on use do not apply. See
sections Revenue Loss and Restrictions
on Use for further information. Second,
the eligible use category for responding
to the public health and negative
economic impacts of the pandemic
provides a non-exhaustive list of
enumerated eligible uses, which means
that the listed eligible uses include
some, but not all, of the uses of funds
that could be eligible. The Eligible Uses
section provides a standard for
determining if other uses of funds,
beyond those specifically enumerated,
are eligible. If a recipient would like to
pursue a use of funds that is not
specifically enumerated, the recipient
should use the standard and other
guidance provided in the section Public
Health and Negative Economic Impacts
to assess whether the use of funds is
eligible.

Next, the Restrictions on Use section
describes limitations on how funds may
be used. Treasury has divided the
Restriction on Use section into (A)
statutory restrictions under the ARPA,
which include (1) offsetting a reduction
in net tax revenue, and (2) deposits into
pension funds, and (B) other restrictions
on use, which include (1) debt service
and replenishing reserves, (2)
settlements and judgments, and (3)
general restrictions. These restrictions
apply to all eligible use categories;
however, some restrictions apply only
to certain types of recipient
governments, and recipients are advised
to review the final rule to determine
which restrictions apply to their type of
government (e.g., state, territory, Tribal
government, county, metropolitan city,
or nonentitlement unit of government).

To reiterate, for recipient governments
covered by a specific restriction, that
restriction applies to all eligible use
categories and any use of funds under
the SLFRF program. Specifically:
•For states and territories only, funds
may not be used to offset directly or
indirectly a reduction in net tax revenue
resulting from a change in state or
territory law.
•For all recipients except Tribal
governments, funds may not be used for
deposits into a pension fund.
•For all recipients, funds may not be
used for debt service or replenishing
financial reserves.
•All recipients must also comply
with three general restrictions. First, a
recipient may not use SLFRF funds for
a program, service, or capital
expenditure that conflicts with or
contravenes the statutory purpose of
ARPA, including a program, service, or
capital expenditure that includes a term
or condition that undermines efforts to
stop the spread of COVID–19. Second,
recipients may not use SLFRF funds in
violation of the conflict-of-interest
requirements contained in the Award
Terms and Conditions, including any
self-dealing or violation of ethics rules.

Lastly, recipients should be aware that
federal, state, and local laws and
regulations, outside of SLFRF program
requirements, also apply, including for
example, environmental laws and
federal civil rights and
nondiscrimination requirements, which
include prohibitions on discrimination
on the basis of race, color, national
origin, sex (including sexual orientation
and gender identity), religion, disability,
age, or familial status (having children
under the age of 18).

The Program Administration
Provisions section describes the
processes and requirements for
administering the program on an
ongoing basis, specifically as relates to
the following: Distribution of funds,
timeline for using funds, transfer of
funds from a recipient to different
organizations, use of funds for program
administration, reporting on use of
funds, and remediation and recoupment
of funds used for ineligible purposes. Of
note, SLFRF funds may only be used for
costs incurred within a specific time
period, beginning March 3, 2021, with
all funds obligated by December 31,
2024 and all funds spent by December
31, 2026. Recipients are advised to also
consult Treasury’s Reporting and
Compliance Guidance for additional
information on program administration
processes and requirements, including
applicability of the Uniform Guidance.

Finally, the section Regulatory
Analyses provides Treasury’s analysis of
the impacts of this rulemaking, as
required by several laws, regulations,
and Executive Orders.

Throughout this Supplementary
Information, statements using the terms
‘‘should’’ or ‘‘must’’ refer to
requirements, except when used in
summarizing opinions expressed in
public comments. Statements using the
term ‘‘encourage’’ refer to
recommendations, not requirements.

II. Eligible Uses
A. Public Health and Negative
Economic Impacts
Background
Since the first case of COVID–19 was
discovered in the United States in
January 2020, the disease has infected
over 50 million and killed over 800,000
Americans.12 The disease—and
necessary measures to respond—have
had an immense public health and
economic impact on millions of
Americans across many areas of life, as
detailed below in the respective sections
on Public Health and Negative
Economic Impacts. Since the release of
the interim final rule in May 2021, the
country has made major progress in
fighting the disease and rebuilding the
economy but faces continued risks, as
illustrated by the spread of the Delta
variant and the resulting slowdown in
the economic recovery. The SLFRF
program, and Treasury’s interim final
rule, provide substantial flexibility to
recipients to respond to pandemic
impacts in their local community; this
flexibility is designed to help state,
local, and Tribal governments adapt to
the evolving public health emergency
and tailor their response as needs evolve
and to the particular local needs of their
communities.

Indeed, state, local, and Tribal
governments face continued needs to
respond at scale to the public health
emergency. This includes continued
public health efforts to slow the spread
of the disease, to increase vaccination
rates and provide vaccinations to new
populations as they become eligible, to
protect individuals living in congregate
facilities, and to address the broader
impacts of the pandemic on public
health. Similarly, while a strong
economic recovery is underway, the
economy remains 3.9 million jobs below
its pre-pandemic level, pointing to the
continued need for response efforts,
with low-income workers and
communities of color facing elevated
rates of unemployment and economic
hardship.13 Long-standing disparities in
health and economic outcomes in
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4341 Federal Register /Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 14 Treasury uses ‘‘underserved’’ to refer to
populations sharing a particular characteristic, as
well as geographic communities, that have been
systematically denied a full opportunity to
participate in aspects of economic, social, and civic
life. In the interim final rule, Treasury generally
used the term ‘‘disadvantaged’’ to refer to these
same populations and communities.
15 U.S. Bureau of Labor Statistics, All Employees,
State Government [CES9092000001] and All
Employees, Local Government [CES9093000001],
retrieved from FRED, Federal Reserve Bank of St.

Louis, https://fred.stlouisfed.org/series/
CES9092000001 and https://fred.stlouisfed.org/
series/CES9093000001 (last visited December 7,
2021).
16 Tracy Gordon, State and Local Budgets and the
Great Recession, Brookings Institution (Dec. 31,
2012), http://www.brookings.edu/articles/state-and-
local-budgets-and-the-great-recession.
17 In some cases, a use may be permissible under
another eligible use category even if it falls outside
the scope of section (c)(1)(A) of section 602 and 603
of the Social Security Act.
underserved 14 communities, that
amplified and exacerbated the impacts
of the pandemic, also present continued
barriers to full and equitable recovery.

As state, local, and Tribal
governments work to meet the public
health and economic needs of their
communities, these governments are
also confronting the need to rebuild
their own capacity. Facing severe
budget challenges during the pandemic,
many state, local, and Tribal
governments have been forced to make
cuts to services or their workforces,
including cutting over 1.5 million jobs
from February to May 2020, or delay
critical investments. As of fall 2021,
state, local, and Tribal government
employment remained over 950,000 jobs
below pre-pandemic levels.15 In the
recovery from the Great Recession, cuts
to state, local, and Tribal governments
became a meaningful drag on economic
growth for several years, and the SLFRF
program provides the resources needed
to re-invest in vital public services and
workers to avoid this outcome.16

1. General Provisions: Structure and
Standards
Background: Sections 602(c)(1)(A)
and 603(c)(1)(A) of the Social Security
Act establish that recipients may use
funds ‘‘to respond to the public health
emergency with respect to COVID–19 or
its negative economic impacts,
including assistance to households,
small businesses, and nonprofits, or aid
to impacted industries such as tourism,
travel, and hospitality.’’ The interim
final rule established three categories
within this eligible use: (1) Public
health responses for those impacted by
the pandemic, including the general
public; (2) responses to the negative
economic impacts that were
experienced by those impacted as a
result of the pandemic; and (3)
additional services, either as a public
health response or a response to the
negative economic impacts of the
pandemic, for disproportionately
impacted communities.

The interim final rule established the
method to determine which specific
programs or services may be eligible to
respond to the public health emergency
or to respond to the negative economic
impacts of the public health emergency
within this framework. The interim final
rule included multiple enumerated uses
that are eligible within each of these
categories when provided to eligible
populations, including populations that
the interim final rule presumed to have
been impacted (in the case of public
health responses and responses to
negative economic impacts) or
disproportionately impacted (in the case
of disproportionately impacted
communities). Finally, the interim final
rule also allowed recipients to designate
additional individuals or classes as
impacted or disproportionately
impacted. The standards for each of
these criteria under the interim final
rule are discussed below.

To assess whether a program or
service would be eligible to respond to
the public health emergency or its
negative economic impacts, the interim
final rule stated that, ‘‘the recipient [is
required] to, first, identify a need or
negative impact of the COVID–19 public
health emergency and, second, identify
how the program, service, or other
intervention addresses the identified
need or impact [. . . .] [E]ligible uses
under this category must be in response
to the disease itself or the harmful
consequences of the economic
disruptions resulting from or
exacerbated by the COVID–19 public
health emergency.’’ The enumerated
eligible uses were presumed to meet this
criterion.

With respect to uses not specifically
enumerated in the interim final rule as
eligible public health responses, the
interim final rule stated that, ‘‘[t]o assess
whether additional uses would be
eligible under this category, recipients
should identify an effect of COVID–19
on public health, including either or
both of immediate effects or effects that
may manifest over months or years, and
assess how the use would respond to or
address the identified need.’’
With respect to uses not specifically
enumerated in the interim final rule as
eligible responses to a negative
economic impact of the public health
emergency, the interim final rule stated
that ‘‘[e]ligible uses that respond to the
negative economic impacts of the public
health emergency must be designed to
address an economic harm resulting
from or exacerbated by the public health
emergency. In considering whether a
program or service would be eligible
under this category, the recipient should
assess whether, and the extent to which,
there has been an economic harm, such
as loss of earnings or revenue, that
resulted from the COVID–19 public
health emergency and whether, and the
extent to which, the use would respond
to or address this harm.17 A recipient
should first consider whether an
economic harm exists and whether this
harm was caused or made worse by the
COVID–19 public health emergency.’’
The interim final rule went on to say
that: ‘‘In addition, the eligible use must
‘respond to’ the identified negative
economic impact. Responses must be
related and reasonably proportional to
the extent and type of harm
experienced; uses that bear no relation
or are grossly disproportionate to the
type or extent of harm experienced
would not be eligible uses.’’
Throughout this final rule, Treasury
refers to households, communities,
small businesses, nonprofits, and
industries that experienced public
health or negative economic impacts of
the pandemic as ‘‘impacted.’’ The first
section in the interim final rule under
this eligible use category included
public health responses for these
impacted classes. The second category
in the interim final rule under this
eligible use category included responses
to the negative economic impacts that
were experienced by these impacted
classes as a result of the pandemic.

The interim final rule further
recognized that certain populations
have experienced disproportionate
health or negative economic impacts
during the pandemic, as pre-existing
disparities in these communities
amplified the impacts of the pandemic.

For example, the interim final rule
recognized that the negative economic
effects of the pandemic were
particularly pronounced among lower-
income families, who were more likely
to experience income loss and more
likely to have a job that required in-
person work. The interim final rule
recognized the role of pre-existing social
vulnerabilities and disparities in driving
the disparate health and economic
outcomes and presumed that programs
designed to address these health or
economic disparities are responsive to
the public health or negative economic
impacts of the COVID–19 public health
emergency, when provided in
disproportionately impacted
communities. In addition to identifying
certain populations and communities
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4342 Federal Register /Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 18 Note that small businesses, nonprofits, and
industries may also function as subrecipients. For
additional information on these distinctions see
section Distinguishing Subrecipients versus
Beneficiaries.
presumed to be disproportionately
impacted, it also empowered recipients
to identify other disproportionately
impacted households, populations,
communities, or small businesses. The
interim final rule provided that, in
identifying these disproportionately
impacted communities, recipients
should be able to support their
determination that the pandemic
resulted in disproportionate public
health or economic outcomes to the
specific populations, households, or
geographic areas to be served.

Throughout this final rule, Treasury
refers to those households,
communities, small businesses, and
nonprofits that experienced
disproportionate public health or
negative economic impacts of the
pandemic as ‘‘disproportionately
impacted.’’ The third category in the
interim final rule under this eligible use
included public health responses and
responses to the negative economic
impacts for these disproportionately
impacted classes.

The interim final rule provided
significant flexibility for recipients to
determine which households,
populations, communities, or small
businesses have been impacted and/or
disproportionately impacted by the
pandemic and to identify appropriate
responses. The interim final rule
included several provisions to provide
simple methods for recipients to
identify impacts and design programs to
address those impacts. First, the interim
final rule allowed recipients to
demonstrate a negative economic
impact on a population or class and
provide assistance to households or
small businesses that fall within that
population or class. In such cases, the
recipient need only demonstrate that an
individual household or business is
within the class that experienced a
negative economic impact, rather than
requiring a recipient to demonstrate that
each individual household or small
business experienced a negative
economic impact, because the impact
was already identified for the class.

Second, in the interim final rule,
Treasury presumed that certain
populations have been impacted or
disproportionately impacted and are
thus eligible for services that respond to
these impacts or disproportionate
impacts. Specifically, the interim final
rule permitted recipients to presume
that households that experienced
unemployment, increased food or
housing insecurity, or are low- or
moderate-income experienced a
negative economic impact from the
pandemic. The interim final rule also
permitted recipients to presume that
certain services provided in Qualified
Census Tracts (QCTs), to individuals
living in QCTs, or by Tribal
governments are responsive to
disproportionate impacts of the
pandemic. In addition to the
populations presumed to be impacted or
disproportionately impacted, under the
interim final rule, recipients could
identify other impacted households or
classes, as described above, as well as
other populations, households, or
geographic areas that are
disproportionately impacted by the
pandemic.

Third, as mentioned previously, the
interim final rule included a non-
exhaustive list of uses of funds that
Treasury identified as responsive to the
impacts or disproportionate impacts of
the pandemic. Treasury refers to these
as ‘‘enumerated eligible uses.’’
To summarize, the interim final rule
identified certain populations that are
presumed to be impacted by the
pandemic (and specific enumerated
uses of funds that are responsive to that
impact) and populations that are
presumed to be disproportionately
impacted by the pandemic (and specific
enumerated uses of funds that are
responsive to those disproportionate
impacts). In addition, the interim final
rule provided standards for recipients to
assess whether additional uses of funds,
beyond the enumerated eligible uses,
are eligible for impacted and
disproportionately impacted
populations and permitted recipients to
identify other households or classes that
experienced impacts of the pandemic or
disproportionate impacts of the
pandemic.

Rule Structure
Public Comment: Many commenters
expressed concern regarding the
structure of the eligible uses, indicating
they found the structure of the public
health and negative economic impacts
section of the interim final rule to be
confusing or difficult to navigate. Other
commenters indicated that they
understood the enumerated uses to be
the only eligible uses and/or the
presumed eligible populations to be the
only eligible populations. Several
commenters expressed frustration about
the number of eligible uses specifically
enumerated in the interim final rule,
which they considered too few, and
commenters proposed a wide range of
additional enumerated eligible uses (for
further discussion, see the section
Public Health and section Negative
Economic Impacts). Commenters
expressed concern with pursuing uses
of funds not explicitly enumerated in
the eligible use section or uncertainty
regarding the broad flexibility provided
under the interim final rule to pursue
additional programs that respond to the
public health or negative economic
impacts of the pandemic or the process
for doing so.

Treasury Response: Treasury
recognizes that many commenters felt
the structure of the interim final rule
could be clarified. These comments are
consistent with many of the questions
that Treasury has received from
recipients, which requested clarification
regarding the category their desired
response fits into. Treasury observes
that these comments and questions
generally fall into four categories: (1)
How to identify the correct public
health or negative economic impact
category for a particular response, (2)
how to identify whether a particular use
is eligible, (3) how to identify an
impacted or disproportionately
impacted class, and (4) whether an
enumerated use can be provided to a
class other than those presumed
impacted or disproportionately
impacted. In response to comments,
Treasury is adjusting the structure of the
public health and negative economic
impacts eligible use section of the final
rule to improve clarity and make it
easier for recipients to interpret and
apply the final rule.

Specifically, Treasury is restructuring
the rule to aid recipients in determining
whether a particular response is eligible
and how the particular response might
be eligible under a particular category.

This restructuring reinforces the
fundamental criteria that a use of funds
is eligible based on its responsiveness to
a public health or negative economic
impact experienced by individuals,
households, small businesses,
nonprofits, or impacted industries
(together ‘‘beneficiaries’’).18 This
restructuring is intended to make the
rule easier to navigate and to
implement, including any criteria or
conditions on particular uses of funds.

The reorganization of the public
health and negative economic impacts
section of the final rule is also intended
to clarify the enumerated eligible uses
described in the interim final rule. The
reorganization itself is not intended to
change the scope of the enumerated
uses that were included in the interim
final rule or that were allowable under
the interim final rule. In some cases,
specific enumerated uses are being
altered, and those changes are discussed
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4343 Federal Register /Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 19 In designing an intervention to mitigate
COVID–19, the recipient should consider guidance
from public health authorities, particularly the
Centers for Disease Control and Prevention (CDC),
in assessing appropriate COVID–19 mitigation and
prevention strategies (see Centers for Disease
Control and Prevention, COVID–19, https://
www.cdc.gov/coronavirus/2019-ncov/index.html) .

A program or service that imposes conditions on
participation in or acceptance of the service that
would undermine efforts to stop the spread of
COVID–19 or discourage compliance with practices
in line with CDC guidance for stopping the spread
of COVID–19 is not a permissible use of funds.
as changes within the section on that
enumerated use.

The final rule streamlines and aligns
services and standards that are generally
applicable or are provided for public
health purposes. Under this approach,
eligible uses to respond to the public
health emergency are organized based
on the type of public health problem: (1)
COVID–19 mitigation and prevention,
(2) medical expenses, (3) behavioral
health care, and (4) preventing and
responding to violence. Under this
approach, eligible uses to respond to the
negative economic impacts of the public
health emergency are organized based
on the type of beneficiary: (1) Assistance
to households, (2) assistance to small
businesses, and (3) assistance to
nonprofits, alongside a fourth
standalone eligibility category for aid to
travel, tourism, hospitality, and other
impacted industries. The first three
categories, assistance to households,
small businesses, and nonprofits,
include enumerated eligible uses for
impacted and disproportionately
impacted beneficiaries. This change in
structure is intended to provide a
framework that clearly identifies the
intended beneficiaries of uses of funds
and provides clarity about what types of
assistance are ‘‘responsive to the
pandemic or its negative economic
impacts’’ for these beneficiaries.
a. Standards for Identifying a Public
Health or Negative Economic Impact
Standards: Designating a Public Health
Impact
Public Comment: Many commenters
expressed uncertainty about how to
determine whether a use of funds,
beyond those specifically enumerated as
eligible, might be an eligible public
health response. For example, many
commenters submitted questions asking
whether specific uses of funds would be
eligible. Others described what they
considered to be impacts of the
pandemic and argued that uses of funds
to respond to these issues should be
eligible. Some commenters requested
that Treasury provide additional detail
to guide their assessments of eligible
uses of funds. For example, a
commenter requested more clarification
around exactly what and whose medical
expenses can be covered. These
comments ranged in their specificity
and covered the full range of the
enumerated eligible uses.

Treasury Response: Treasury is
clarifying that when assessing whether
a program or service is an eligible use
to respond to the public health impacts
of the COVID–19 public health
emergency, the Department will
consider the two eligibility
requirements discussed below. These
standards apply to all proposed public
health uses.

First, there must be a negative public
health impact or harm experienced by
an individual or a class. For ease of
administration, the interim final rule
allowed, and the final rule maintains
the ability for, recipients to identify a
public health impact on a population or
group of individuals, referred to as a
‘‘class,’’ and to provide assistance to
that class. In determining whether an
individual is eligible for a program
designed to address a harm experienced
by a class, the recipient need only
document that the individual is within
the class that experienced a public
health impact, see section Standards:

Designating Other Impacted Classes. In
the case of some impacts, for example
impacts of COVID–19 itself that are
addressed by providing prevention and
mitigation services, such a class could
reasonably include the general public.

Second, the program, service, or other
intervention must address or respond to
the identified impact or harm. The final
rule maintains the interim final rule
requirement that eligible uses under this
category must be in response to the
disease itself or other public health
harms that it caused.19
Responses must be reasonably
designed to benefit the individual or
class that experienced the public health
impact or harm. Uses of funds should be
assessed based on their responsiveness
to their intended beneficiaries and the
ability of the response to address the
impact or harm experienced by those
beneficiaries.

Responses must also be related and
reasonably proportional to the extent
and type of public health impact or
harm experienced. Uses that bear no
relation or are grossly disproportionate
to the type or extent of harm
experienced would not be eligible uses.

Reasonably proportional refers to the
scale of the response compared to the
scale of the harm. It also refers to the
targeting of the response to beneficiaries
compared to the amount of harm they
experienced. In evaluating whether a
use is reasonably proportional,
recipients should consider relevant
factors about the harm identified and
the response. For example, recipients
may consider the size of the population
impacted and the severity, type, and
duration of the impact. Recipients may
also consider the efficacy, cost, cost-
effectiveness, and time to delivery of the
response.

If a recipient intends to fund capital
expenditures in response to the public
health impacts of the pandemic,
recipients should refer to the section
Capital Expenditures for details about
the eligibility of capital expenditures.

Standards: Designating a Negative
Economic Impact
Public Comment: Many commenters
expressed uncertainty about how to
determine whether uses of funds,
beyond those specifically enumerated as
eligible, might be eligible responses to
negative economic impacts. For
example, many commenters submitted
questions asking whether specific uses
of funds would be eligible. Others
described what they considered to be
impacts of the pandemic and argued
that uses of funds to respond to these
issues should be eligible. Some
commenters requested that Treasury
provide additional detail to guide their
assessments of eligible uses of funds.

These comments ranged in their
specificity and covered the full range of
eligible uses to respond to negative
economic impacts. Several commenters
asked for clarification about what types
of food assistance would be considered
eligible. Another commenter requested
that the establishment of outdoor dining
be eligible. Many commenters inquired
about homeless shelters as an eligible
use of SLFRF funds.

Commenters also expressed
uncertainty about the ability to establish
classes, including geographic areas, that
experienced a negative economic impact
or disagreed with the requirement that
an individual entity be impacted by the
pandemic in order to receive assistance.

For example, a commenter argued that
interventions should not be limited to
individuals or businesses that
experienced an economic impact and
should instead be used broadly to
support economic growth. These
commenters argued that an expenditure
that supports a more robust economy
may help combat the pandemic’s
negative economic impacts, and it can
do so even if funding is provided to
individuals or entities that did not
themselves experience a negative
economic impact during the pandemic.

Treasury Response: The final rule
maintains the standard articulated in
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4344 Federal Register /Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 20 For example, expenses such as excessive
compensation to employees or expenses which
have already been reimbursed through another
federal program, are not reasonably designed to
address a negative economic impact to a
beneficiary.
21 For example, a program or service that imposes
conditions on participation in or acceptance of the
service that would undermine efforts to stop the
spread of COVID–19 or discourage compliance with
practices in line with CDC guidance for stopping
the spread of COVID–19 is not a permissible use of
funds.
the interim final rule. For clarity, the
final rule re-articulates that when
assessing whether a program or service
is an eligible use to respond to the
negative economic impacts of the
COVID–19 public health emergency,
Treasury will consider the two
eligibility requirements discussed
below.

First, there must be a negative
economic impact, or an economic harm,
experienced by an individual or a class.

The recipient should assess whether,
and the extent to which, there has been
an economic harm, such as loss of
earnings or revenue, that resulted from
the COVID–19 public health emergency.

A recipient should first consider
whether an economic harm exists and
then whether this harm was caused or
made worse by the COVID–19 public
health emergency. This approach is
consistent with the text of the statute,
which provides that funds in this
category must be used to ‘‘respond to
the public health emergency with
respect to . . . its negative economic
impacts.’’
While economic impacts may either
be immediate or delayed, individuals or
classes that did not experience a
negative economic impact from the
public health emergency would not be
eligible beneficiaries under this
category. As noted above, the interim
final rule permitted recipients to
presume that households that
experienced unemployment, increased
food or housing insecurity, or are low-
or moderate-income experienced a
negative economic impact from the
pandemic. For discussion of the final
rule’s approach to this presumption, see
section Populations Presumed Eligible.

The final rule also maintains several
provisions included in the interim final
rule and subsequent guidance that are
intended to ease administration of
identifying that the beneficiary
experienced a negative economic impact
or harm. For example, the interim final
rule allowed, and the final rule
maintains the ability for, recipients to
demonstrate a negative economic
impact on a population or group,
referred to as a ‘‘class,’’ and to provide
assistance to households, small
businesses, or nonprofits that fall within
that class. In such cases, the recipient
need only demonstrate that the
household, small business, or nonprofit
is within the class that experienced a
negative economic impact, see section
Standards: Designating Other Impacted
Classes. This would allow, for example,
an internet access assistance program
for all households with children to
support those households’ ability to
participate in healthcare, work, and
educational activities like extending
learning opportunities, among other
critical activities. In that case, the
recipient would only need to identify a
negative economic impact to the class of
‘‘households with children’’ and would
not need to document or otherwise
demonstrate that each individual
household served experienced a
negative economic impact.

Second, the response must be
designed to address the identified
economic harm or impact resulting from
or exacerbated by the public health
emergency. In selecting responses, the
recipient must assess whether, and the
extent to which, the use would respond
to or address this harm or impact. This
approach is consistent with the text of
the statute, which provides that funds
may be used to ‘‘respond to’’ the
‘‘negative economic impacts’’ of the
public health emergency ‘‘including
assistance to households, small
businesses, and nonprofits, or aid to
impacted industries such as tourism,
travel, and hospitality.’’ The list of
potential responses (‘‘assistance’’ or
‘‘aid’’) suggests that responses should
address the ‘‘negative economic
impacts’’ of particular types of
beneficiaries (e.g., households or small
businesses).

Responses must be reasonably
designed to benefit the individual or
class that experienced the negative
economic impact or harm. Uses of funds
should be assessed based on their
responsiveness to their intended
beneficiary and the ability of the
response to address the impact or harm
experienced by that beneficiary.20
Responses must also be related and
reasonably proportional to the extent
and type of harm experienced; uses that
bear no relation or are grossly
disproportionate to the type or extent of
harm experienced would not be eligible
uses.21 Reasonably proportional refers
to the scale of the response compared to
the scale of the harm. It also refers to the
targeting of the response to beneficiaries
compared to the amount of harm they
experienced; for example, it may not be
reasonably proportional for a cash
assistance program to provide assistance
in a very small amount to a group that
experienced severe harm and in a much
larger amount to a group that
experienced relatively little harm. In
evaluating whether a use is reasonably
proportional, recipients should consider
relevant factors about the harm
identified and the response. For
example, recipients may consider the
size of the population impacted and the
severity, type, and duration of the
impact. Recipients may also consider
the efficacy, cost, cost-effectiveness, and
time to delivery of the response.

Finally, recipients should be aware of
the distinction between beneficiaries of
funds and subrecipients; a recipient
may provide services to beneficiaries
through subrecipients that did not
experience a negative economic impact,
see section Distinguishing Subrecipients
versus Beneficiaries. That is, a recipient
may award SLFRF funds to an entity
that did not experience a negative
economic impact in order to implement
a program or provide a service to
beneficiaries on its behalf. Such
transfers, when implementing a public
health or negative economic impact
response, should be responsive to and
designed to benefit individuals,
households, small businesses,
nonprofits, or impacted industries that
did experience a public health or
negative economic impact.

Determining the Appropriate Eligible
Use Category
Public Comment: Some commenters
expressed uncertainty about how to
analyze negative economic impacts to
different entities (e.g., households, small
businesses, nonprofits). For example,
commenters asked whether a nonprofit,
which did not experience a negative
economic impact itself, could be granted
funds to provide services to individuals
experiencing homelessness, who did
experience negative economic impacts.

Other commenters proposed providing
assistance to support the expansion of
small businesses, under the theory that
this would create more job
opportunities for unemployed workers
who experienced negative economic
impacts.

Treasury Response: In the final rule,
Treasury is clarifying that recipients
should assess a potential use of funds
based on which beneficiary experienced
the negative economic impact, in other
words, the households, small
businesses, nonprofits, or impacted
industries that experienced the negative
economic impact.

Treasury notes that recipients may
award SLFRF funds to many different
types of organizations to carry out
eligible uses of funds and serve
beneficiaries on behalf of a recipient.

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4345 Federal Register /Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 22 AMI is also often referred to as median family
income for the area. Since AMI is synonymous with
this term and used more generally, the final rule
refers to AMI.
23 For the six New England states of Connecticut,
Maine, Massachusetts, New Hampshire, Rhode
Island, and Vermont, HUD provides AMI for towns
rather than counties. Recipients in these states
should use the AMI corresponding to their town
when determining thresholds for both low and
moderate income.

When a recipient provides funds to
another entity to carry out eligible uses
of funds and serve beneficiaries the
entity becomes a subrecipient (see
section Distinguishing a Subrecipient
versus a Beneficiary). For example, a
recipient may grant funds to a nonprofit
organization to provide food assistance
(an eligible use) to low-income
households (the beneficiaries).

Recipients only need to assess whether
the beneficiaries experienced a negative
economic impact and whether the
eligible use responds to that impact,
consistent with the two-part framework
described above; the organization
carrying out the eligible use does not
need to have experienced a negative
economic impact if it is serving as the
vehicle for reaching the beneficiaries.

When making determinations about
how to implement a program, recipients
should consider whether that method of
program implementation is an effective
and efficient method to implement the
program and do so in accordance with
the Uniform Guidance provisions that
govern procurements and sub-granting
of federal funds, as applicable.

As noted above, recipients should
analyze eligible uses based on the
beneficiary of the assistance or the
entity that experienced a negative
economic impact. Assistance to a small
business or to an impacted industry
must respond to a negative economic
impact experienced by that small
business or industry. Recipients may
not provide assistance to small
businesses or impacted industries that
did not experience a negative economic
impact, although recipients can identify
negative economic impacts for classes,
rather than individual businesses, and
may also presume that small businesses
in certain areas experienced impacts;
see section General Provisions:

Structure and Standards and section
Assistance to Small Businesses for
details.

Several examples illustrate the
application of these concepts. For
example, a recipient could provide
assistance to households via a contract
with a business to create subsidized jobs
for the long-term unemployed; in this
case the business is a subrecipient and
need not have experienced a negative
economic impact, but the recipient
would need to identify a specific
connection between the assistance
provided and addressing the negative
economic impact experienced by the
unemployed households. The recipient
could, for instance, document the
subsidized jobs created under the
contract and their reservation for long-
term unemployed individuals.

Similarly, a recipient might provide
assistance to a small business that
experienced a pandemic-related loss of
revenue. This small business is a
beneficiary and may use those funds in
many ways, potentially including hiring
or retaining staff. However, general
assistance to a business that did not
experience a negative economic impact
under the theory that this assistance
generally grows the economy and
therefore enhances opportunities for
unemployed workers would not be an
eligible use, because such assistance is
not reasonably designed to impact the
individuals or classes that experienced
a negative economic impact. In other
words, there is not a reasonable
connection between the assistance
provided and an impact on the
beneficiaries. Such an activity would be
attenuated from and thus not reasonably
designed to benefit the households that
experienced the negative economic
impact.
b. Populations Presumed Eligible
Presumed Eligibility: Impacted and
Disproportionately Impacted
Households and Communities
Background: As noted above, the
interim final rule allowed recipients to
presume that certain households were
impacted or disproportionately
impacted by the pandemic and thus
eligible for responsive programs or
services. Specifically, under the interim
final rule, recipients could presume that
a household or population that
experienced unemployment,
experienced increased food or housing
insecurity, or is low- or moderate-
income experienced negative economic
impacts resulting from the pandemic,
and recipients may provide services that
respond to these impacts.

The interim final rule also recognized
that pre-existing health, economic, and
social disparities contributed to
disproportionate pandemic impacts in
certain communities and allowed for a
broader list of enumerated eligible uses
to respond to the pandemic in
disproportionately impacted
communities. Under the interim final
rule, recipients were allowed to
presume that families residing in QCTs
or receiving services provided by Tribal
governments were disproportionately
impacted by the pandemic.

Definition of Low- and Moderate-
Income
Public Comment: As noted earlier,
many commenters sought a definition
for ‘‘low- and moderate-income’’ to
provide recipients greater clarity on
which specific households could be
presumed to be impacted by the
pandemic.

Treasury Response: The final rule
maintains the presumptions identified
in the interim final rule and defines
low- and moderate-income for the
purposes of determining which
households and populations recipients
may presume to have been impacted. To
simplify the administration of this
presumption, the final rule adopts a
definition of low- and moderate-income
based on thresholds established and
used in other federal programs.

Definitions. The final rule defines a
household as low income if it has (i)
income at or below 185 percent of the
Federal Poverty Guidelines (FPG) for the
size of its household based on the most
recently published poverty guidelines
by the Department of Health and Human
Services (HHS) or (ii) income at or
below 40 percent of the Area Median
Income (AMI) for its county and size of
household based on the most recently
published data by the Department of
Housing and Urban Development
(HUD).22
The final rule defines a household as
moderate income if it has (i) income at
or below 300 percent of the FPG for the
size of its household based on the most
recently published poverty guidelines
by HHS or (ii) income at or below 65
percent of the AMI for its county and
size of household based on the most
recently published data by HUD.23
Recipients may determine whether to
measure income levels for specific
households or for a geographic area
based on the type of service to be
provided. For example, recipients
developing a program that serves
specific households (e.g., a subsidy for
internet access, a childcare program)
may measure income at the household
level. Recipients providing a service
that reaches a general geographic area
(e.g., a park) may measure median
income of that area.

Further, recipients should generally
use the income threshold for the size of
the household to be served (e.g., when
providing childcare to a household of
five, recipients should reference the
income threshold for a household of
five); however, recipients may use the
income threshold for a default
household size of three if providing
VerDate Sep 2014 19:24 Jan 26, 2022 Jkt 256001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\27JAR2.SGM 27JAR2 lotter on DSK11XQN23PROD with RULES2

4346 Federal Register /Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 24 U.S. Department of Health and Human Service,
HHS Poverty Guidelines for 2021, available at
https://aspe.hhs.gov/topics/poverty-economic-
mobility/poverty-guidelines.
25 U.S. Department of Housing and Urban
Development, FY 2021 Section 8 Income Limits,
available at https://www.huduser.gov/portal/
datasets/il/il21/Section8-FY21.xlsx. Recipients may
refer to the list of counties (and New England
towns) identified by state and metropolitan area for
identifying the appropriate area. U.S. Department of
Housing and Urban Development, FY 2021 List of
Counties (and New England Towns) Identified by
State and Metropolitan Area, available at https://
www.huduser.gov/portal/datasets/il/il21/area-
definitions-FY21.pdf.
26 The U.S. Census Bureau provides an interactive
map: U.S. Census Bureau, Median Household
Income State Selection Map, available at https://
data.census.gov/cedsci/map?q=Median
%20Household%20Income&g=0100000US
%2404000%24001&tid=ACSST5Y2019.S1901&cid=
S1901_C01_012E&vintage=2019. The U.S. Census
Bureau also provides an interactive table: U.S.