Agenda packet — Eastvale City Council, April 13, 2022 (part 1 of 2)

REGULAR COUNCIL MEETING AGENDA
Eastvale City Hall Council Chambers
12363 Limonite Avenue, Suite 900, Eastvale, CA 91752
Wednesday, April 13, 2022
Regular Council Meeting:
6:30 PM

City Councilmembers
Clint Lorimore, Mayor
Todd Rigby, Mayor Pro Tem
Christian Dinco, Councilmember
Brandon Plott, Councilmember
Jocelyn Yow, Councilmember

Henry Garcia, Interim City Manager
Erica Vega, City Attorney (Contract Legal Services)
Marc Donohue, City Clerk/Communications Director
This Agenda contains a brief general descrip-on of each item to be considered. Except as otherwise provided by law, no ac-on or direc-on shall be taken on any item not appearing on the following Agenda. Unless legally privileged, all suppor-ng documents, including staﬀ reports, and any wri-ngs or documents provided to a majority of the City Council a3er the pos-ng of this agenda are available for review at Eastvale City Hall, 12363 Limonite Avenue, Eastvale, CA 91752 or you may contact the City Clerk’s Oﬃce, at (951) 361-0900 Monday through Thursday from 7:30 a.m. to 5:30 p.m. and available online at www.eastvaleca.gov
.

In accordance with AB 361 (Government Code sec-on 54953(e)), members of the City Council, the public, and others may aBend and par-cipate in this mee-ng remotely via GoToWebinar. If you wish to view the mee-ng and/or make public comment through GoToWebinar you may do so by logging on to GoToWebinar at the above stated date and -me via the following link:
https://bit.ly/3IjMS2l
. Members of the public may provide public comment by sending comments to the City Clerk’s Oﬃce by email at
[email protected]
or u-lize the “raise your hand” func-on in GoToWebinar to provide oral public comment during the designated public comment periods. Staﬀ will monitor emails to the extent possible during the mee-ng. Email comments will be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Council’s discre-on to reduce the amount of -me for public comments. Email comments received a3er the agenda item is heard will not be read into the record.

In the event of a disrup-on to the GoToWebinar broadcast of the mee-ng, or the ability to receive public comment through GoToWebinar, the meeting will be recessed until remote public access is restored.

In compliance with the Americans with Disabili-es Act, if you need special assistance to par-cipate in this mee-ng, you should contact the City Clerk’s Office at (951) 361-0900.

Regular mee-ngs are recorded and made available on the City’s website at www.eastvaleca.gov
. Mee-ng recordings are uploaded
to the City’s website within 24 hours (unless otherwise noted) after the completion of the meeting. 1 1.

CALL TO ORDER

2. ROLL CALL

3. CLOSED SESSION PUBLIC COMMENT

Any member of the public may address the Council on items within the Council’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Council and do not engaged in dialogue with individual Council Members, City staﬀ, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers.

4. CLOSED SESSION ITEM(S)

5. INVOCATION

6. PLEDGE OF ALLEGIANCE

7. ADDITIONS/REVISIONS

The City Council may only add an item to the Agenda a2er making a ﬁnding that there is a need to take immediate acon on the item and that the item came to the aenon of the agency subsequent to the posng of the agenda. An acon adding an item to the agenda requires 2/3 vote of the Council. If there is less than 2/3 of the Council members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of each section unless otherwise noted.

8. PRESENTATIONS/ANNOUNCEMENTS

8.1. Donate Life Month Proclamation

9. AGENCY PARTNER UPDATES

10. PUBLIC COMMENT

Any member of the public may address the Council on items within the Council’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Council and do not engaged in dialogue with individual Councilmembers, City staﬀ, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers.

11. CONSENT CALENDAR

Consent Calendar items are normally enacted in one moon. The Mayor or City Council may

2 remove a Consent Calendar item for separate acon. If a member of the public would like to speak on a Consent Calendar item, please complete a blue “Public Comment Form” and submit to the City Clerk prior to the item.

11.1. City Council Meeting Minutes

Submitted by: Marc A. Donohue, City Clerk/Communications Director

RECOMMENDED ACTION(S):

Staff recommends that the City Council approve the City Council meeting minutes from the special meetings on March 16, 2022, March 21, 2022, March 28, 2022, and the regular meeting on March 23, 2022.

11.2. Professional Services Agreement with Gruber and Lopez, Inc. for Independent Audit Services

Submitted by: Amanda Wells, Finance Director/City Treasurer

RECOMMENDED ACTION(S):

Staff recommends that the City Council:
1 .

Approve Three-Year Professional Services Agreement, with two one-year extension options, with Gruber and Lopez, Inc. for Independent Audit Services in the amount of $117,562; and
2 .

Authorize the City Manager to execute all necessary documents.

11.3. Approval of Professional Services Agreement with NV5 for Consulting Services in the Public Works Division as Substitution for Current Consulting Staff Contract

Submitted by: Jimmy Chung, City Engineer

RECOMMENDED ACTION(S):

Staff recommends that the City Council approve the Professional Services Agreement with NV5 for Consulting Services in the Public Works Division in the amount of $140,000 and authorize the City Manager to execute the agreement.

11.4. Award of Contracts for On-Call Engineering and Professional Consulting Services for Various Public Works Projects

Submitted by: Jimmy Chung, City Engineer

RECOMMENDED ACTION(S):

Staff recommends that the City Council:

1 .

Approve the recommended consultants to provide on-call professional services to the City as needed for each discipline category; and
2 .

Approve the form agreement for on-call professional services to be utilized in contracting for said services; and
3 .

Authorize the City Manager to execute all necessary agreements for on-call professional services with the selected consultants for one (1) three-year period in the amount not-to-exceed $150,000 per fiscal year.

11.5. Acceptance of Right of Way Dedication at Chandler Street for the Gossett Self Storage

3 Facility located at 14555 Chandler Street.

Submitted by: Jimmy Chung, City Engineer

RECOMMENDED ACTION(S):

Staff recommends that the City Council A
dopt Resolution 22-XX, accepting the
dedication of Right-of-Way at Chandler Street (Gossett Self Storage) for public roads and utilities.

11.6. Approve Professional Services Agreement with Engineering Resources of Southern California, Inc. (ERSC) for Utilities Design Services for Modular Offices at Citrus Property and Utilities Studies Project

Submitted by: Jimmy Chung, City Engineer

RECOMMENDED ACTION(S):

Staff recommends that the City Council:

1 .

Approve a Professional Services Agreement with Engineering Resources of Southern California, Inc. (ERSC) in the amount of $69,546 for Utilities Design Services for the Modular Buildings; and
2 .

Authorize the City Manager to execute all necessary documents ; and
3 .

Amend the Fiscal Year 21-22 Capital Improvement Plan Budget to include a new project, '
Modular Offices at the Citrus Property and Utilities Studies 'Project"; and
4 .

Approve and Adopt Resolution 22-XX Amending the 2021-22 Fiscal Year Budget.

12. PUBLIC HEARINGS

The public is encouraged to express your views on any maer set for public hearing. It is our procedure to ﬁrst receive the staﬀ report, then to ask for public tesmony, ﬁrst from those in favor of the project followed by tesmony from those in opposion to it, and if there is opposion, to allow those in favor, rebual tesmony only as to the points brought up in opposion. To tesfy on the maer, you need to simply come forward to the speaker’s podium at the appropriate me, give your name and address and make your statement. A2er a hearing is closed, you may not further speak on the maer unless requested to do so or are asked quesons by the Mayor or a Councilmember. Public comment is limited to three (3) minutes each with a maximum of six (6) minutes (time may be donated by one speaker.)

13. CITY COUNCIL BUSINESS

13.1. Potential Re-establishment of the Eastvale Community Foundation

Submitted by: Marc A. Donohue, City Clerk/Communications Director

RECOMMENDED ACTION(S):

Staff recommends that the City Council provide direction on the potential re- establishment of the Eastvale Community Foundation.

14. CITY MANAGER/CITY STAFF REPORT

15. CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS

4 16.

ADJOURNMENT

The next regular mee-ng of the Eastvale City Council is scheduled for Wednesday, April 27, 2022, at 6:30 p.m. at Eastvale City Hall Council Chambers, 12363 Limonite Avenue, Suite 900, Eastvale, CA 91752.

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5 AGENDA STAFF REPORT

City Council Meeting

PRESENTATIONS/ANNOUNCEMENTS

Agenda Item No. 8.1
April 13, 2022
Donate Life Month Proclamation
Prepared By:

Recommended Action(s)
Not Applicable.

Summary
Not Applicable.

Background
Not Applicable.

Environmental
Not Applicable.

Strategic Plan Action - Priority Level:

N/A
| Target #:

N/A
| Goal #:

N/A
Not Applicable.

Fiscal Impact
Not Applicable.

Prior City Council/Commission Action
Not Applicable.

Attachment(s)
Not Applicable.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
6 MINUTES

CITY OF EASTVALE
Special Joint Meeting of the City Council and Planning Commission Wednesday, March 16, 2022
Special Meeting: 6:30 P.M.

Eastvale City Council Chambers
12363 Limonite Avenue, Suite 900
Eastvale, CA 91752

1. CALL TO ORDER
The special meeting of the Eastvale City Council was called to order at 6:30 p.m. by Mayor Lorimore.

2. ROLL CALL

Present: Councilmembers Dinco, Yow, Mayor Pro Tem Rigby, and Mayor Lorimore.

Planning Commissioners Hove, Lee, Rochelle, Vice-Chair Mensen, and Chair Laney.

Absent: Councilmember Plott.

City Staff

Present: Acting City Manager Garcia, Community Development Director Gibson-Williams, and City Clerk/Communications Director Donohue were present at roll call. Other staff members were present and responded to questions.

3. PLEDGE OF ALLEGIANCE
Planning Commission Chair Laney led the Pledge of Allegiance.

4. PUBLIC COMMENT – None

5. WORKSHOP

5.1 Joint Workshop of the Planning Commission and the City Council for the Revision to the Leal Master Plan and Addendum to the Certified Environmental Impact Report
Community Development Director Gibson-Williams and representatives from the New Home Company provided PowerPoint presentations and answered related questions.
7 Eastvale City Council Special Joint Meeting Minutes
March 16, 2022 Page - 2
The following individuals provided public comment:
 Cheryl Wang, Eastvale Resident
 Siyu Yu, Eastvale Resident
 Ryan Zhang, Eastvale Resident
 Wendu Wang, Eastvale Resident
 Adrian Tanasescu, Eastvale Resident
The City Council and the Planning Commission:

1. Conducted a public workshop;

2. Discussed the developers proposal;

3. Received public comment regarding the proposal; and

4. Provided feedback and direction to staff.

ADJOURNMENT – The special meeting was adjourned at 9:06 p.m. The next regular meeting of the Eastvale City Council is scheduled for Wednesday, March 23, 2022 at 6:30 p.m. The next regular meeting of the Eastvale Planning Commission is scheduled for Wednesday, April 20, 2022 at 6:00 p.m.
_____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
8 MINUTES

CITY OF EASTVALE
Special Joint Meeting of the Eastvale City Council and the Jurupa Community Services District Board of Directors
Monday, March 21, 2022
Special Joint Meeting: 6:00 P.M.

Eastvale Community Center
13820 Schleisman Road
Eastvale, CA 92880

1. CALL TO ORDER
The special joint meeting of the Eastvale City Council and Jurupa Community Services District Board of Directors was called to order at 6:00 p.m. by Jurupa Community Services District Board President McLaughlin.

2. ROLL CALL

Present: Councilmembers Dinco, Plott, Yow, Mayor Pro Tem Rigby and Mayor Lorimore.

JCSD Board of Directors Folsom, Moreno, Nava, Vice President Anderson, and President McLaughlin.

Absent: None
City Staff

Present: Acting City Manager Garcia, City Attorney Vega, and City Clerk/Communications Director Donohue.

JCSD General Manager Berch, Director of Parks & Recreation Lawson, and District Legal Counsel Riddell.

3. PLEDGE OF ALLEGIANCE
Mayor Lorimore led the Pledge of Allegiance.

4. PUBLIC COMMENT
The following individual(s) provided public comment:
 Eddie Munoz, Eastvale Resident
9 Eastvale City Council Special Joint Meeting Minutes
March 21, 2022 Page - 2

5. CITY COUNCIL/BOARD OF DIRECTOR BUSINESS

5.1 Bid Results and Transition of Eastvale Frontages Maintenance from JCSD to City of Eastvale
JCSD Director Lawson presented the staff report with a PowerPoint presentation.

Various discussion, questions, and comments ensued by both the Eastvale City Council and staff, as well as JCSD Board of Directors and staff.

Consensus reached to have both staffs meet for further review of scope of work and funding.

5.2 Establishing a Schedule for Future Joint Meetings/Potential Items of Discussion Various comments ensued by both the Eastvale City Council and JCSD Board of Directors.

Mayor Pro Tem Rigby requested the following items be brought for discussion at a future joint meeting:

1. Budget for Parks & Recreation

2. Transfer of the Parks & LAFCO recommendations

3. Eastvale Community Park Phase 2
Councilmember Dinco requested the following items be brought for discussion at a future joint meeting:

1. Discussion of additional green/parks space in the City President McLaughlin requested the following items be brought for discussion at a future Joint meeting:

1. Commitment of funds from the City of Eastvale

2. Discussion of a potential mega drought and conservation for residents No discussion ensued or consensus reached on requests for additional topics for future meetings.

Consensus was reached by both legislative bodies to calendar future joint meetings for the second Thursday of the month, for the months of February, May, August, and November; meetings to be held based on agreed upon need for said meeting, and agreed upon agenda topics.
10 Eastvale City Council Meeting Minutes
May 26, 2021 Page - 3
ADJOURNMENT – JCSD Board President McLaughlin adjourned the regular meeting at 7:28 p.m. _____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
11 MINUTES

CITY OF EASTVALE
City Council Regular Meeting
Wednesday, March 23, 2022
Regular Meeting: 5:00 P.M.

Eastvale City Council Chambers
12363 Limonite Avenue, Suite 900
Eastvale, CA 91752

1. CALL TO ORDER
The regular meeting of the Eastvale City Council was called to order at 5:09 p.m. by Mayor Lorimore.

2. ROLL CALL

Present: Councilmembers Dinco (via GotToWebinar), Plott, Yow, Mayor Pro Tem Rigby, and Mayor Lorimore

Absent:

City Staff

Present: Acting City Manager Garcia, City Attorney Vega, and City Clerk/Communications Director Donohue were present at Roll Call. Other staff members were present.

3. CLOSED SESSION PUBLIC COMMENT – None

4. CLOSED SESSION ITEM(S)

4.1 PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Government Code § 54957 (b))
At the conclusion of closed session, City Attorney Vega stated that the City Council voted unanimously to accept the resignation of City Manager Bryan Jones, effective on the end of day March 28, 2022.

5. INVOCATION
Mayor Pro Tem Rigby offered the invocation.

6. PLEDGE OF ALLEGIANCE
Councilmember Yow led the Pledge of Allegiance.
12 Eastvale City Council Meeting Minutes
March 23, 2022 Page - 2

7. ADDITIONS/REVISIONS – None

8. PRESENTATIONS/ANNOUNCEMENTS – None

9. AGENCY PARTNER UPDATES

9.1 Eastvale Library Update
Felicia Chien, Branch Manager at Eastvale Public Library, provided an update.

10. PUBLIC COMMENT – None

11. CONSENT CALENDAR
On motion of Councilmember Yow and second by Mayor Pro Tem Rigby, the City Council voted unanimously to approve Consent Calendar Items 11.1 – 11.14 and 11.16.

11.1 City Council Meeting Minutes
The City Council approved the City Council meeting minutes from the regular meeting on March 9, 2022.

11.2 Warrant Register: February 2022
The City Council approved the payment of warrants as submitted by the Finance Department.

11.3 Treasurer’s Report: February 2022
The City Council received and filed the City Treasurer’s Report.

11.4 Planning Department Update
The City Council received and filed the Planning Department Update.

11.5 Public Works Department Update
The City Council received and filed the Public Works Department Update.

11.6 City of Eastvale Crime Statistics – January 2022
The City Council received and filed the Eastvale Crime Statistics for January 2022.

11.7 Communications Monthly Summary
The City Council received and filed the Communications Monthly Summary. 13 Eastvale City Council Meeting Minutes
March 23, 2022 Page - 3

11.8 Approval of Quitclaim Deed for Storm Drain Easements to Riverside County Flood Control District & Water Conservation District for Eastvale Master Drainage Plan Line E-1, Stage 3
The City Council:

1. Accepted the Irrevocable Offer of Dedication from Grainger and adopt Resolution 2022-13 approving a Quitclaim Deed for storm drain easements to Riverside County Flood Control & Water Conservation District; and

2. Authorized the Acting City Manager to execute all necessary documents.

11.9 Award of Professional Services Agreement to STC Traffic for the Limonite Avenue Traffic Signal Synchronization Project
The City Council:

1. Approved a Professional Services Agreement with STC Traffic in the amount of $54,580 to develop synchronization plan for Limonite Ave; and

2. Authorized the Acting City Manager to execute all necessary documents.

11.10 Approval of Professional Services Agreement with NELSON Environmental Graphic Design & Brand Communications for the City of Eastvale Monument Sign Program
The City Council:

1. Approved the Professional Services Agreement with NELSON Environmental Graphic Design & Brand Communications for the City of Eastvale Monument Sign Program in the amount of $45,500; and,

2. Authorized the (Acting) City Manager to execute the agreement.

11.11 Public Works Department Vehicle Purchase
The City Council:

1. Approved a purchase order for National Fleet Auto Group in an amount not to exceed $61,000.00 for one (1) medium duty pick up truck for the Public Works Department and;

2. Authorized the City Manager to execute all necessary the agreements to complete the purchase

11.12 Fifth Cycle (2014-2021) Annual Housing Element Progress Report for the 2021 Reporting Period
The City Council:

1. Received and filed the 2021 Annual Housing Element Progress Report; and 14 Eastvale City Council Meeting Minutes
March 23, 2022 Page - 4

2. Directed staff to submit the 2021 Annual Housing Element Progress Report to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning & Research (OPR).

11.13 Conducting Council and Commission Meeting Utilizing Teleconferencing The City Council adopted a resolution authorizing City Council and Commission meetings to be conducted utilizing teleconferencing, while also allowing in person attendance, under AB 361.

11.14 Initiating Proceedings for Annual Levy and Collection of Assessments for Landscape and Lighting Maintenance Districts and Benefit Assessment Districts for Fiscal Year 2022-23
The City Council:

1. Approved and Adopted Resolution No. 22-15, a Resolution of the City of Eastvale, California, initiating proceedings for the annual levy and collection of assessments and ordering the preparation of an annual report for Landscaping and Lighting Maintenance Districts No. 89-1 Consolidated, No. 2014-1, No. 2014-3, No. 2014-4, Illumination District No. 2 (Subareas: 35, 42, 46, 49, AND 55), Lighting Maintenance District No. 98-2, Lighting Maintenance District No. 2001-1 (Zones: G, S, and W), Lighting Maintenance District No. 2001-2 (Zones:

A-H, J-K, and M), and Lighting Maintenance District No. 2001-3 (Zones: A- MMM); for Fiscal Year 2022-23; and

2. Approved and Adopted Resolution No. 22-16, a Resolution of the City of Eastvale, California, initiating proceedings for the annual levy and collection of assessments and ordering the preparation of an annual report for Benefit Assessment District No. 2014-2 for Fiscal Year 2022-23.

11.15 Second Reading of Ordinance Redrawing Councilmember District Boundaries Councilmember Yow requested to pull item 11.15 and provided comments.

On motion of Councilmember Plott and second by Mayor Pro Tem Rigby, the City Council voted to approve the second reading and adopt the proposed Ordinance entitled: AN ORDINANCE ADJUSTING THE BOUNDARIES OF CITY COUNCIL

DISTRICTS AND REDEFINING THE BOUNDARIES OF ALL COUNCIL DISTRICTS OF THE CITY OF EASTVALE.

Councilmember Yow voted in opposition.

11.16 2021 Public Entity Risk Management Authority Net Assessment Agreement The City Council:
15 Eastvale City Council Meeting Minutes
March 23, 2022 Page - 5

1. Authorized the City Manager to execute the 2021 Public Entity Risk Management Authority (PERMA) Assessment Agreement; and

2. Approved and Adopted Resolution 22-17 authorizing one time payment in the amount of one hundred twenty-four thousand two hundred eight and 00/100 dollars ($124,208) in order to maintain membership within the liability program; and

3. Approved and Adopted Resolution 22-18 Amending the 2021-22 Fiscal Year Budget for the PERMA Net Assessment.

12. PUBLIC HEARINGS – None

13. CITY COUNCIL BUSINESS – None

14. WORKSHOP

14.1 Fiscal Year 2022-23 Budget Workshop - Goals and Priorities Finance Director/City Treasurer Wells provided a PowerPoint presentation and answered related questions.

Mayor Lorimore opened the public comment period. With no one desiring to speak on this item, Mayor Lorimore closed the public comment period.

The City Council discussed the item and provided direction to staff on budget priorities and goals for the Fiscal Year 2022-23 budget.

15. CITY MANAGER REPORT/CITY STAFF REPORT
Acting City Manager Garcia provided an update on upcoming City events.

16. CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS

16.1 League of California Cities
No report was provided.

16.2 Southern California Association of Governments
No report was provided.

16.3 Western Riverside Council of Governments
No report was provided.

16.4 Riverside Transit Agency
No report was provided.
16 Eastvale City Council Meeting Minutes
March 23, 2022 Page - 6

16.5 Northwest Mosquito and Vector Control District
No report was provided.

16.6 Riverside County Transportation Commission
No report was provided.

16.7 Western Riverside County Regional Conservation Authority No report was provided.

16.8 Western Community Energy
No report was provided.

16.9 Finance Committee
No report was provided.

16.10 California Contract Cities Association
No report was provided.

16.11 Eastvale Schools Committee
No report was provided.

16.12 City Council Communications
The City Council provided comments.

ADJOURNMENT – Mayor Lorimore adjourned the regular meeting at 9:17 p.m. The next special meeting of the Eastvale City Council is scheduled for Monday, March 28, 2022, at 3:30 p.m. _____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
17 MINUTES

CITY OF EASTVALE
Special Meeting of the City Council
Monday, March 28, 2022
Special Meeting: 3:30 P.M.

Eastvale City Council Chambers
12363 Limonite Avenue, Suite 900
Eastvale, CA 91752

1. CALL TO ORDER
The special meeting of the Eastvale City Council was called to order at 3:31 p.m. by Mayor Lorimore.

2. ROLL CALL

Present: Councilmembers Dinco (via GoToWebinar), Councilmember Plott (via GoToWebinar), Yow (via GoToWebinar), Mayor Pro Tem Rigby, and Mayor Lorimore (via GoToWebinar).

Absent:

City Staff

Present: Acting City Manager Garcia, City Attorney Vega, and City Clerk/Communications Director Donohue were present at roll call. Other staff members were present and responded to questions.

PLEDGE OF ALLEGIANCE
Councilmember Dinco led the Pledge of Allegiance.

3. CLOSED SESSION PUBLIC COMMENT – None

4. CLOSED SESSION ITEM(S) – None

5. WORKSHOP

5.1 Appointment of Interim City Manager and Approval of Employment Agreement City Attorney Vega summarized the staff report and answered related questions.

Mayor Lorimore opened the public comment period. With no one desiring to speak on this item, Mayor Lorimore closed the public comment period. 18 Eastvale City Council Special Meeting Minutes
March 28, 2022 Page - 2
The City Council discussed the item.

On motion of Councilmember Plott and second by Councilmember Dinco, the City Council voted unanimously to adopt Resolution 22-19, appointing Henry Garcia to serve as Interim City Manager commencing March 29, 2022, due to the resignation of the City Manager and approving an Interim City Manager Agreement. As well as, discussing a timeline for hiring a permanent City Manager by the end of April.

ADJOURNMENT – The special meeting was adjourned at 3:46 p.m. The next regular meeting of the Eastvale City Council is scheduled for Wednesday, April 13, 2022 at 6:30 p.m. _____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
19 AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.2
April 13, 2022
Professional Services Agreement with Gruber and Lopez, Inc. for Independent Audit Services
Prepared By:

Amanda Wells, Finance Director/City Treasurer
Recommended Action(s)
Staff recommends that the City Council:
1 .

Approve Three-Year Professional Services Agreement, with two one-year extension op&ons, with Gruber and Lopez, Inc. for Independent Audit Services in the amount of $117,562; and 2 .

Authorize the City Manager to execute all necessary documents.

Summary
Each year the City's ﬁnancial records shall be audited by a cer&ﬁed public accoun&ng ﬁrm. In accordance with the city's municipal code sec&on 4.06.090 (d) staﬀ issued a Request for Proposals (RFP) for professional audit services on February 3, 2021 and selected Teaman, Ramirez, and Smith.

The city entered into a ﬁve year professional services agreement for audi&ng services. That contract has now terminated, as the selected ﬁrm Teaman, Ramirez, and Smith no longer provides audit services. Staff utilized the results from the 2021 RFP to select another auditing firm.

Background
The city released RFP No. FIN20210203 on February 3, 2021. The city published the no&ce invi&ng proposals on the City of Eastvale's website, processed no&ﬁca&ons through PlanetBids, and posted the RFP on both the California Society of Municipal Finance Officer's website and message boards.

The city received eight proposals from in response to the RFP from the following ﬁrms, listed in alphabetical order: 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
20 1
.

Davis Farr LLP
2 .

Eadie and Payne LLP
3 .

Gruber and Associates Inc
4 .

Lance, Soll Lunghard, LLP
5 .

Rogers, Anderson, Malody & Scott, LLP
6 .

Teaman, Ramirez, & Smith, Inc
7 .

Vasquez & Company, LLP
8 .

Van Lant & Fankhanel, LLP

Finance department staﬀ evaluated the proposals and rated the ﬁrms based on the ﬁrm's understanding of the RFP scope of work, technical qualiﬁca&ons, experience, proposed project work plan, and price in accordance with sec&on 4.06.090(b) of the city's municipal code. The top two ﬁrms with the highest score were interviewed by a panel of three ﬁnance staﬀ. Staﬀ interviewed Lance, Soll, Lunghard, LLP (LSL) and Teaman, Ramirez & Smith, Inc (TRS). Staﬀ selected TRS and entered into a ﬁve year professional services agreement on May 12, 2021. In January, the city was informed by TRS that eﬀec&ve immediately, the ﬁrm will no longer oﬀer audi&ng services. TRS completed the city's audit for ﬁscal year ending June 30, 2021 and is s&ll contracted to complete the city's Federal Single Audit for the same ﬁscal year. However, the city must obtain an audit ﬁrm to complete the city's Annual Comprehensive Financial Report (ACFR) and Federal Single Audit for the ﬁscal year ending June 30, 2022. Staﬀ contacted LSL for audit services, however the ﬁrm declined the city's request as the ﬁrm is unable to add addi&onal clients at this &me. Staﬀ interviewed the next two highest ranking firms; firms that were interviewed were:

Firm
Location
Year One
Year Two
Year Three
Gruber and
Lopez, Inc.

Newport Beach,
CA
$22,784
$23,168
$23,516
Rogers,
Anderson,
Malody & Scott,
LLP
San Bernardino,
CA
$37,670
$37,670
$38,910

Interviews were rated based on the same criteria as the proposals. Final scores were weighted at 70% proposal evaluation and 30% interview.

The RFP requested each ﬁrm provide contract costs for a period of three years with the op&on to extend the contract in years four and ﬁve. Based on proposal evalua&on and interview scores, Gruber and Lopez, Inc. (Gruber) was selected as the most responsive proposal. Gruber staﬀ members are involved with the California Society of Cer&ﬁed Public Accountants (CalCPA), Government Audi&ng and Accoun&ng CommiKee (GAAC), and California Municipal Finance Oﬃcers Associa&on (CSMFO). GAAC is involved in preparing posi&on papers on governmental accoun&ng maKers. This will beneﬁt the City in its implementa&on of changes to repor&ng requirements, such as the new Government Accoun&ng Standards Board statements. Some of the factors that were included in selecting Gruber follow:

Gruber presented a work plan that includes a small audit team comprised of Partners and Senior Managers, this plan more closely resembles the city's previous audit team. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
21 Gruber provided more competitive pricing than Rogers, Anderson, Malody & Scott, LLP Gruber's proposal includes GASB statement implementation and support at no additional cost.

Staﬀ recommends that the City Council approve the Professional Services Agreement with Gruber and Lopez, Inc. for three years with a two-year renewal op&on based on sa&sfactory performance.

The ﬁrst year of audit services will be for the ﬁscal year ending June 30, 2022. At the conclusion of the audit for the ﬁscal year ending June 30, 2024, ﬁnance staﬀ will evaluate the performance of Gruber and consider a renewal option.

Environmental
Not Applicable.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.

Fiscal Impact
Audit services are paid in the year subsequent to the year being audited. The contract award has no eﬀect on the current ﬁscal year 2021-22 budget. The ﬁrst budget year of the contract will begin in ﬁscal year 2022-23 for audit services related to the ﬁscal year ending June 30, 2022. Budget will be appropriated during the ﬁscal year 2022-23 budget process. A table addressing the costs over the three years and optional years four and five related to the professional services are listed below:

Fiscal Year
Audit
Year
Amount
2022-23
2021-22
22,784
2023-24
2022-23
23,168
2024-25
2023-24
23,516
2025-26
option
2024-25
23,868
2026-27
option
2025-26
24,226
Grand Total

117,562

Pricing includes one single audit program. If additional single audit programs are required during the contract, each additional program will cost $1,000.

Prior City Council/Commission Action
This previous auditing professional services agreement with Teaman, Ramirez, and Smith was approved by Council on May 12, 2021. This is the first time Council has approved an agreement with Gruber & Lopez.

Attachment(s)
Attachment 1 - Professional Services Agreement: Audit Services

Attachment 2 - Gruber and Lopez Cost Proposal

Attachment 3 - Gruber and Lopez Proposal

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
22 RIV #4870-2192-4885 v1 - 1 -

AGREEMENT FOR SERVICES
Professional Auditing Services
This Agreement for Services (“Agreement”) is entered into as of this 13th day of April 2022 by and between the City of Eastvale, a municipal corporation (“City”) and Gruber and Lopez, Inc., a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by Request for Proposals the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Contractor, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is three (3) years with the option of extending for two (2) subsequent one (1) year terms commencing on the date first ascribed above. The initial term of the agreement covers the auditing services for the fiscal years ending June 30, 2022, June 30, 2023, and June 30, 2024. Optional extended years cover the auditing services for the fiscal years ending June 30, 2025 and June 30, 2026.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Contractor agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, 23 RIV #4870-2192-4885 v1 - 2 -
in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed twenty-two thousand seven hundred eighty-four dollars ($22,784) for fiscal year ending June 30, 2022; twenty-three thousand one hundred sixty- eight ($23,168) for fiscal year ending June 30, 2023; twenty-three thousand five hundred sixteen ($23,516) for fiscal year ending June 30, 2024. Unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.

In the event the Parties exercise the option to extend the Agreement, the total compensation, including reimbursement for actual expenses, shall not exceed twenty three thousand eight hundred sixty eight dollars ($23,868) for fiscal year ending June 30, 2025 and twenty four thousand two hundred twenty six dollars ($26,226) for fiscal year ending June 30, 2026 unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
24 RIV #4870-2192-4885 v1 - 3 -
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors’ work notes and drafts, which are owned by Contractor, not City.
25 RIV #4870-2192-4885 v1 - 4 -
SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any 26 RIV #4870-2192-4885 v1 - 5 -
time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Contractor shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this 27 RIV #4870-2192-4885 v1 - 6 -
Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform non- related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be 28 RIV #4870-2192-4885 v1 - 7 -
considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Contractor’s conduct.

Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in 29 RIV #4870-2192-4885 v1 - 8 -
whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
(c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the City.

Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 19. CONTINUITY OF PERSONNEL.

Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and 30 RIV #4870-2192-4885 v1 - 9 -
subcontractors, if any, assigned to perform the Services prior to and during any such performance.

Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 21. DEFAULT.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, 31 RIV #4870-2192-4885 v1 - 10 -
epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Eastvale
Attn: Finance Department/Amanda Wells Finance
Director
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: Gruber & Lopez, Inc..

Attn: Ron Lopez
438 Old Newport Blvd
Newport Beach, CA 92663
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Eastvale Municipal Code. 32 RIV #4870-2192-4885 v1 - 11 -
SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Eastvale Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this 33 RIV #4870-2192-4885 v1 - 12 -
Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. CONFLICTING TERMS.

Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF EASTVALE
___________________________
Bryan Jones
City Manager
ATTEST:
___________________________
Marc Donohue
City Clerk

APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney
34 RIV #4870-2192-4885 v1 - 13 -
___________________________________
____
Ron Lopez
Partner
NOTE: CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S
BUSINESS ENTITY. CORPORATIONS AND LLCS MUST SUBMIT

DOCUMENTATION SHOWING THAT THE INDIVIDUAL SIGNING ON ITS BEHALF HAS THE AUTHORITY TO EXECUTE THIS CONTRACT.
35 RIV #4870-2192-4885 v1
EXHIBIT "A"

SCOPE OF SERVICES
I. Contractor will perform the following Services:

1. The Contractor shall perform an audit of all funds and financial statements of the City. The audit shall be conducted in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards, issued by the Comptroller of the United States. Preparation of the financial statements, schedules, and accompanying notes to the financial statements shall be prepared by the audit firm for inclusion in the City’s CAFR. The CAFR will be in full compliance with GASB 34. The audit firm shall render their auditors' report on the basic financial statements which will include both Government-Wide Financial Statements and Fund Financial Statements. The audit firm shall also apply limited audit procedures to Management's Discussion and Analysis (MD&A) and required supplementary information pertaining to the General Fund and each major fund of the City.

2. When applicable, the Contractor shall perform a single audit on the expenditures of federal grants in accordance with OMB Circular A-133 (if applicable) and render the appropriate audit reports on Internal Control over Financial Reporting based upon the audit of the City's financial statements in accordance with Government Auditing Standards and the appropriate reports on compliance with Requirements Applicable to each Major Program, Internal Control over Compliance and on the Schedule of Expenditures of Federal Awards in Accordance with OMB Circular A- 133. The single audit report shall include appropriate schedule of expenditures of federal awards, footnotes, findings and questioned costs, including reportable conditions and material weaknesses, and follow up on prior audit findings where required.

3. The Contractor shall perform agreed-upon auditing procedures pertaining to the City's GANN Limit (Appropriations Limit) and render a letter annually to the City regarding compliance.

4. The Contractor shall issue both the Management and SAS 114 Letter that includes recommendations for improvements in internal control, accounting procedures and other significant observations that are considered to be non-reportable conditions.

Management letters shall be addressed to the City Manager.

5. The Contractor shall prepare the CAFR document.

6. The Contractor shall prepare the State Controller Financial Transactions Report and provide responses to the State Controller’s audit of the report.

II. Auditing Standards to Be Followed

1. Generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants;
36 RIV #4870-2192-4885 v1

2. The standards applicable to financial audits contained in Government Auditing Standards (1994 Revision), issued by the Comptroller General of the United States;

3. If applicable, the provisions of the Single Audit Act as amended in 1996; and

4. The provisions of U. S. Office of Management and Budget (OMB) Circular A-133, Audits of State and Local Governments and Nonprofit Organizations.

III. Reports to be Submitted
The Contractor shall be required to issue audit reports for the general-purpose financial statements of the City, a Single Audit (if required) and a report of the Contractor’s review of the City's Gann Limit. Preparation of the financial statements, schedules, and accompanying notes to the financial statements shall be prepared by the Contractor for inclusion in the City’s CAFR. The Contractor is also required to issue a management letter containing comments and recommendations regarding the auditor's review and evaluation of the systems of internal control and accounting procedures.

If applicable the schedule of federal financial assistance and related auditor's report, as well as the reports on the internal controls and compliance are not to be included in the annual financial report, but shall be issued separately should a Single Audit be required.

IV. Special Considerations

1. The City has received the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting for nine consecutive years.

2. The City will submit the final CAFR will be submitted to GFOA for review in the award program. The Contractor shall format reports in compliance with the requirements of that program. The Contractor shall also ensure the timely issuance of the report for submission to GFOA before the annual deadline.

3. The Single Audit Report of Federal Financial Assistance and related auditor’s report, as well as the reports on internal controls and compliance shall not be included in the CAFR. These reports shall be issued separately.

4. The Contractor shall also provide assistance with year-end closing entries, complete journal entries associated with GASB 68 and 75, and assist with the implementation of new GASB pronouncements.

V. Working Paper Retention
All working papers and reports shall be retained at the auditor's expense for a minimum of three (3) years, unless the Contractor is notified in writing by the City of Eastvale of the need to extend the retention period. The auditor shall make working papers available to the City of Eastvale or any government agencies included in the audit of 37 RIV #4870-2192-4885 v1
federal grants. In addition, the Contractor shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance.

VI. Audit Timeline:

Planning (June 2021 starting date, May in subsequent years)  Entrance conference with City to discuss recent changes in activities since the previous year and scheduling of specific fieldwork dates for the year.  Review of preliminary City Trial Balance to identify significant activity and funds.  Coordinate with City on implementation of any new accounting pronouncements.  Prepare and provide request list for Interim Fieldwork for City to prepare and provide requested documents.
 City is to provide requested documents by first day of fieldwork (or sooner).

Sample requests for auditor testing are to be provided to City for internal control testing during fieldwork.

Interim Audit Fieldwork (June 2021 starting date, June/July in subsequent years)  Interviews with key City personnel to document processes, procedures, and internal controls for significant accounting areas.
 Test internal controls for significant accounting areas to verify operating effectiveness on a sample basis.
 Coordinate with City on preparation of confirmation letters to be submitted.  Interim exit meeting with key City personnel to discuss results of interim fieldwork and provide any initial comments and recommendations.
 Prepare and provide request list for Year-end Fieldwork within two weeks after interim fieldwork. Coordinate on mutually acceptable due date of certain information (i.e.Trial Balance, detail reports, etc.).

Year-end Audit Fieldwork (Annually in October)
 Review of final Trial Balance provided by City by first day of fieldwork (or sooner).  Analysis of significant account balances and review of transactions and activity.

Sample requests to be provided to City for auditor testing. o City staff should be made available for providing sample requests and for responding to inquiries from auditor.
o Based on information provided from request list, auditor will prepare journal entries and reconciliations necessary for GASB 68 (Pension) and GASB 75 (OPEB)
 Analytical procedures of account balances to identify any major variations from previous periods. Perform additional procedures as necessary.  If necessary, perform compliance testing for Single Audit major program(s).  Exit meeting with key City personnel to discuss overall results of audit and discuss any comments and recommendations. To provide final timeline of draft reports, CAFR preparation and presentation of reports.
38 RIV #4870-2192-4885 v1
Draft Financial Statements and Reports (Annually in November)  Auditor to provide draft of financial statements and reports to City.  City will review and provide any comments within two weeks of delivery of draft.

CAFR Preparation (Annually in November)
 City will provide CAFR sections (ie. MD&A, Statistical, Transmittal Letter, etc.) within two weeks after comment period with auditor.
 Auditor will review CAFR sections to ensure they are properly stated and in conformity with GFOA and accounting standard requirements.

Issuance (Annually in December)
 Auditor will provide complete draft of CAFR and any other reports for City’s final review.
 Once accepted by City auditor will finalize reports and process.  City will be responsible for submission of CAFR to GFOA by deadline.  If necessary, submit Single Audit reporting package to Federal Audit Clearinghouse. City and Auditor to certify.

Presentation to Council (Annually in January)
 Auditor will provide presentation to City Council to discuss key audit matters and address any inquires that are made as part of presentation. 39 RIV #4870-2192-4885 v1
B-1
EXHIBIT "B"

COMPENSATION
I. Auditing Services Cost Breakdown:

Service 2021-22 2022-23 2023-24 2024-25 2025-26
City Audit and Related Reports $21,008 $21,366 $21,686 $22,012 $22,342 GANN Limit Review Report $355 $360 $365 $371 $376
Single Audit and Related Report
(if applicable)* $1,421 $1,442 $1,464 $1,486 $1,508
Total for Fiscal Year (not-to-
exceed) $22,784 $23,168 $23,516 $23,868 $24,226
*Additional fee per single audit program is $1,000
II. Standard Billing Rates; Contractor shall use the following rates of pay in the performance of additional services:

Position 2020-21 2021-22 2022-23 2023-24 2024-25
Partner $178 $181 $183 $186 $189
Director $178 $181 $183 $186 $189
Manager $150 $152 $154 $157 $159
Supervisor $137 $139 $141 $143 $145
Staff $95 $96 $97 $98 $99
III. TOTAL COMPENSATION
The total compensation, including reimbursement for actual and reasonable expenses, shall not exceed twenty-two thousand seven hundred eighty-four dollars ($22,784) for fiscal year ending June 30, 2022; twenty-three thousand one hundred sixty-eight ($23,168) for fiscal year ending June 30, 2023; twenty-three thousand five hundred sixteen ($23,516) for fiscal year ending June 30, 2024, unless additional compensation is approved in writing in accordance with the terms of this agreement.

INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M.

Best's rating of no less than A:VII.

Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers’ Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement. (4) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional three (3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.

2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:
(1) Commercial General Liability. $1,000,000 general aggregate for bodily injury, personal injury and property damage. (2) Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of 41 RIV #4870-2192-4885 v1
C-2
not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.
(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence. (4) Professional Liability. $1,000,000 per occurrence.

B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.

2. Commercial General Liability and Automobile Liability Coverages. (1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. (2) Contractor’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Contractor’s insurance. (3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation 42 RIV #4870-2192-4885 v1
C-3
against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.

C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
43 438 Old Newport Blvd, Newport Beach, CA 92663
Phone (949) 346-2900 –www.gruberlopezinc.com

Eastvale Annual Audit Fees – Gruber Lopez, Inc.

Gruber Lopez, Inc.- Hourly Rates by Position

2021‐22 2022‐23 2022‐24 2022‐25 2022‐26
Partners 178 181 183 186 189 Director 178 181 184 186 189 Manager 150 152 154 157 159 Supervisors 137 139 141 143 145 Staff 95 96 97 98 99 44 CITY OF EASTVALE

PROPOSAL FOR

PROFESSIONAL AUDITING SERVICES

February 15, 2021

Submitted By:

Ron Lopez, CPA, Partner
Gruber and Associates, CPAs
438 Old Newport Blvd
Newport Beach, CA 92663
Ph (949) 346-2900
[email protected]

45 438 Old Newport Blvd – Newport Beach, CA 92663
Phone (949) 346-2900 – Fax (714) 901-0024 – www.gruber-inc.com F
ebruary 15, 2021
C
ity of Eastvale
Luis Hernandez, Accounting Manager
12363 Limonite Ave., #910
Eastvale, CA 91752
R
e: RFP Professional Auditing Services
D
ear Mr. Hernandez
G
ruber and Associates, Inc. is pleased to submit our proposal to provide local government independent audit services in response to your Request for Proposal (RFP). We understand the work that needs to be performed and are committed to complete the projects in the desired time frame indicated in the RFP . Gruber and Associates is a Certified Public Accounting and Consulting firm with offices in N ewport Beach, California. For numerous years, the firm has specialized in providing accounting, auditing, tax and business consulting services to a wide variety of industries including local government, government grants, and non-profits. Gruber and Associates has the necessary experience to perform the local government auditing services described in your RFP. We have read the RFP and take no exception to it.

We ar
e aware that the City of Eastvale (City) has solicited a number of proposals, however, Gruber and Associates would be your best selection for the following reasons which are set forth in greater detail in our proposal:
• E
xtensive knowledge of the project is due to the significant experience of the engagement team, who has performed hundr eds of governmental financial statement audits that contain significantly large federal and state grants. Gruber and Associates has a proven track record in serving the State of California, California cities and counties, redevelopment agencies, special di stricts and authorities. Mr. Lopez was also one of the first auditors to implement GASB 34 (City of Indian Wells 1999). • Mr. Lopez and Mr. Lenton have vast experience in OMB Uniform Grant Guidance single audits (formerly OMB Circular A-133). In 2005, they were both selected to serve as lead auditors in the 2005 National Single Audit Project of which the U.S. Department of Education, on behalf of all federal agencies, selected them and their firm to perform quality control reviews of other CPA firm audits conducted under OMB Circular A-133. •Mrs. Danaher (Engagement Director/ Manager) has 26 years of experience in government accounting and auditing, and before coming aboard in January of 2018 was the Finance Director for the City of Villa Park for 10 years. Hence, Mrs. Danaher brings a unique audit approach as she understands the wants and demands of Finance and can recommend ways to create efficiency.
46 City of Eastvale
February 15, 2021
Pag
e Two
• The
engagement team has previously performed the annual audits of the following cities: Cities of Bell Gardens, Hawaiian Gardens, Villa Park, Lomita, La Habra Heights, Hermosa Beach, Laguna Woods, Inglewood, Highland, Burbank, Indio, Indian Wells, National City, Rancho Santa Margarita, Carlsbad, Rancho Mirage, Carson, Santa Monica and more. A complete listing of experience with California local governments is identified within our resume section. • Gr
uber and Associates has also performed 92 special district audits on behalf of the County of San Bernardino annually from 2012 - 2016.
• Gr
uber and Associates provides extensive local government, Uniform Grant Guidance (formally OMB Circular A -133), and nonprofit technology training for our staff. Furthermore, our staff is required to attend the annual GASB update that is instructed by GFOA. • All o
f our local government clients we audit have annually obtained the GFOA award for excellence in financial reporting.
• Gr
uber and Associates adheres to the strict quality control measures and high professional standards of the American Institute of Certified Public Accountants (AICPA) and California State Board of Accountancy and have always been in good standing. • Gr
uber and Associates understand the sco pe of services to be provided to the City and we are committed to performing the work in accordance with the schedule and timing required by the City.
• Si
nce our inception, Gruber and Associates also has never had any deficiencies noted during our peer re views including the most recent performed in December 2017. Our 2020 peer review deadline was extended from 12/31/20 to 1/31/21 due to COVID 19. It was finalized by our reviewer on 1/31/21 and is still under review by the AICPA and should be finalized shortly. • We ack
nowledge any and all addenda to the RFP.
• Gr
uber and Associates has no conflict of interest with regard to any of the work performed by our firm for the City.

We
are honored to submit our proposal to you. We hope it conveys our sincere desire to provide outstanding services to your organization by November 30 each year. If you find our proposal acceptable, please notify us and we will be prepared to commence work as soon as we receive the signed contract .

Please do not hesitate to call my office if you have any questions about the scope of our proposed services or if we can provide you with any additional information about our firm. I am a partner with Gruber and Associates and am authorized to bind the firm in contractual matters. I can be reached at the phone number below or by e -mail at [email protected]
. Our proposal and fee schedule shall remain valid
for 120 days following the proposal due date and will become part of the contract that is negotiated with the City.

Ve
ry truly yours,

GRUBER AND ASSOCIATES
Ron L
opez, C.P.A., Partner (Vice President)
(949) 346-2900 http://www.gruber-inc.com/
Ron lopez
47 TABLE OF CONTENTS

Transmittal Letter

1. General Requirements……………………………………………………….. . 1

2. Independence .................................................................................................... 1

3. License to Practice in California ....................................................................... 1

4. Firm Qualifications and Experience ................................................................. 1

a. Company Profile ...................................................................................... 1 b. Project Goals ............................................................................................ 3 c. Core Requirement and Deliverables ........................................................ 3 d. Evidence of Insurance Coverage ............................................................. 3 e. Client List................................................................................................. 3

5. Partner, Supervisory and Staff Qualifications and Experience ......................... 5

a. Extended Education ................................................................................. 8 b. Net Value Philosophy .............................................................................. 8 c. The Experience Factor ............................................................................. 8 d. Time is of the Essence ............................................................................. 9 e. Partner Involvement ................................................................................. 9

6. Prior Engagements with the City of Eastvale ................................................... 9

7. Similar Engagements with Other Government Entities .................................... 9

8. Specific Audit Approach................................................................................... 10

9. Firm Fixed Fee Price Schedule ......................................................................... 14

10. Expectations of City Staff ................................................................................. 14

Attachment A: Scope of Services (Exhibit A)

Attachment B: Compensation (Exhibit B)

Attachment C: Engagement Team Resumes

Attachment D: Quality Control Peer Review Report

48 1

CITY OF EASTVALE

REQUEST FOR PROPOSAL

1. GENERAL REQUIREMENTS

Evolution in the financial services industry has been ponderously slow relative to the rest of the business sector. Many firms operate in the year 2021 with the same fundamental organization structure and approach to client service that they employed during the 1970’s. However, the world is now a vastly different place. In today’s business environment of high- speed telecommunications and information proc essing, a large bureaucratic structure can often bring client service to a grinding halt.

In response to this problem, we have created an accounting firm specifically designed and organized to serve a wide variety of companies. We provide the quality and depth traditionally associated with “Big Four” firms, while at the same time providing the security of attention and stability that is the hallmark of the local firm.

Every aspect of our practice is organized to respond to a changing environment and to prevent the “chains of bureaucracy” from inhibiting individual excellence and client service. For instance, our partners spend substantially more time on each client than “Big Four” or national firm directors.

You will see your engagement partn ers almost daily during audit fieldwork. The bottom line is that more partner involvement means better service to you. This is our firm -wide and personal commitment to you.

Our net value philosophy is simple. A CPA firm should, over time, increase a cli ent’s efficiency and improve internal controls through informed business advice. To avoid tunnel vision syndrome, we operate with the intent of providing a net value to our clients in the form of recommendations and advice that may result in strengthening net assets for our clients.

In conclusion, we offer virtually all the services associated with the larger national firms but we provide these services on a personalized one- on-one basis and without unnecessary red tape or overhead. We are here to serve your needs.

2. INDEPENDENCE

Gruber and Associates is independent of the City of Eastvale and its’ component units as defined by generally accepted auditing standards and the General Accounting Office’s Government Auditing Standards . Gruber and Associates does not utilize sub- contractors and has no relationship that would constitute a conflict of interest with the City.

3. LICENSE TO PRACTICE IN CALIFORNIA

Gruber and Associates and all assigned key professional staff are properly licensed to practice in California. Gruber and Associates has never had any federal or state desk reviews or field reviews of its audits. Gruber and Associates also never had any disciplinary action taken or pending with state regulatory bodies or professional organizations in its history. Gruber and Associates has complied with all applicable California Board of Accountancy requirem ents; our proposal is in strict compliance with said RFP including its terms and conditions.

4. FIRM QUALIFICATIONS AND EXPERIENCE

a. Company Profile
Below is a listing of the specified information of our firm:
49 2

4. F IRM QUALIFICATIONS AND EXPERIENCE (Continued)
Com
pany Name: Gruber and Associates, Inc.

Com
pany Type : S - Corporation
Bus
iness and mailing address: 438 Old Newport Blvd
Newport Beach, CA 92663
Te
lephone and fax number: (949)346-2900 phone (714)901- 0024 fax Inc
orporation: Incorporated in the State of California
Reg
ular business hours: Monday through Friday, 8am to 5pm
Cont
act’s name in reference to bid: Ron Lopez
Cont
act’s number: (949)346-2900 phone; (949)322-0092 cell
Co
ntact’s email address: [email protected]
Le
ngth of firm existence: 13 years
Gruber and Associates, Inc. (“GRUBER AND ASSOCIATES”) www.gruber-inc.com is a local accounting and consulting firm that specializes in providing high quality accounting, auditing, tax and consulting services and is licensed in the state of California as a CPA firm .

GRUBER AND ASSOCIATES is highly regarded for its expertise in several industries (including the government sector). We have been recognized for our professionalism and expertise, but what is more important is the fact that our clientele has been earned strictly through r
eferral. We are convinced that our recent growth attests to the recognition of the quality and t
imeliness of our services. In addition, our firm has been presented unqualified clean opinions in our initial and all subsequent peer reviews.

Ban
kers, attorneys, clients, sureties, insurance companies, and other financial institutions have acknowledged our expertise. What makes us most unique, however, is our drive to succeed without compromising professional standards and without unnecessary fees.

Our
philosophy of service is to provide timely professional service and to bear in mind at all times that the value of our service must outweigh the cost. We plan proactively and always weigh the merit of our planning versus the cost of the planning. We put our client’s interest above ours.

We believe in timeliness and will do whatever it takes to achieve your satisfaction. We will always provide you with adequate time to review audit reports.

GR
UBER AND ASSOCIATES adheres to the strict quality control measures and high professional standards of the American Institute of Certified Public Accountants (AICPA), and the California State Board of Accountancy (as well as other states when applicable).

As
a member of the AICPA our audit procedures and working papers are regularly examined by another CPA firm in the firm-on- firm peer review program. In addition, all aspects of the firm’s quality control practices have been reviewed, including the firm’s commitment to extensive training programs. In every member firm, each member of the professional staff must enroll in continuous professional education courses. Each is required to take at least 80 hours of classes over a two-year period (24 of which relate to Government Audit and Accounting). Courses cover 50 3

4. FIRM QUALIFICATIONS AND EXPERIENCE (Continued)

a wide spectrum of professional and technical subjects, and include Fraud Auditing, Professional Ethics and Governmental Accounting and Auditing topics to help the practitioner maintain his/her professional expertise. Included as Attachment to this propos al is a copy of GRUBER AND ASSOCIATES’ Quality Control Review which was recently completed in December 2017 for the year ended June 30, 2017 and we received a clean (unqualified) opinion under Government Auditing Standards and ERISA. In all instances of Pe er Review GRUBER AND ASSOCIATES has never had a record of substandard audit work.

GRUBER AND ASSOCIATES presently has 10 full time employees of which 9 are professionals who have multidisciplinary backgrounds to address the services outlined in this RFP as follows:

Labor
Category

Number of
Personnel

Years’
Experience

Degrees and
Certifications
Relevant
Project
Experience
Partners &
Directors
4 15-20 BA, CPA Government, Commercial, Single Audit, Non- profit Auditing & Consulting, Tax & Litigation
Services
Managers

2 10-15 BA, BS,CPA Government, Commercial, Single Audit, Non- profit Auditing & Consulting, Tax & Litigation
Services
Seniors 2 5-9 BA, BS Government, Commercial, Single Audit, Non- profit Auditing & Consulting

GRUBER AND ASSOCIATES has a long history of efficiently staffing its accounting and consulting projects and bringing the projects in on time and on budget. We employ a detailed project management approach whereby each project is carefully planned by progra m area.

Budgets are prepared and monitored daily to compare budgeted time against actual; variances from budgets are analyzed and explained, and weekly status reports are prepared to ensure that the project is on schedule and within budget.

Gruber and Ass ociates has assembled an engagement team that has the core competencies in all areas identified in City’s RFP. Our team has been drawn from experienced professionals based in Gruber and Associates’ southern California practice office.

The professionals who will service the City have the experience and ability to provide a level of service second to none. They are sensitive to the concerns and characteristics of operations such as yours. Our experience in government audits will allow us to “hit the ground running”. We will perform our services in a smooth, efficient and effective manner, which will prove to be of minimal disruption to client operations. We understand the importance of continuity of key personnel throughout the engagement and have had a very low history of turnover.

b. Project Goals

Gruber and Associates, Inc. understands that the City of Eastvale (City) is requesting an audit of the City ’s Financial Statements in accordance with Generally Accepted Government Auditing Standards (GAGAS) and Government Auditing Standards issued by the Comptroller General of the United States and the U.S. Uniform Grant Guidance (formerly the Office of Management and Budget (OMB) Circular A-133) Audits of State and Local Governments and Non-Profit Organizations and Governmental Accounting Standards Board (GASB) pronouncements for the year ended June 30, 2021 through 2023.

51 4

4. FIRM QUALIFICATIONS AND EXPERIENCE (Continued)

c. Core Requirements and Deliverables

We will review , edit, print , and bind the following City reports: (1) Comprehensive Annual Financial Report (CAFR) (electronic copy and 10 hard copies ); (2) Single Audit Report in accordance with Uniform Grant Guidance (formally OMB Circular A-133); (3) Agreed-upon Procedures Review of the GANN Appropriations Limit; (4) SAS 114 Communication Letter; and (5) GAS /SAS 115 Internal Controls Letter.

d. Evidence of Insurance Coverage

Gruber and Associates possesses the required insurance coverage (which will be provided upon acceptance of award) including:

1. Commercial General Liability

2. Worker’s Compensation

3. Employer’s Liability

4. Professional Liability

3. Auto Liability

e. Client List

Recent relevant local government audit, accounting, and/ or federal grant experience and references performed by the engagement team and other members of the engagement team are as follows:

City in GFOA/
TOT,
Refuse, OMB Uniform Preparation of

Govt.

Accordance CSMFO Cable Single SCR / Street Auditing
With GASB 34 Award Audits Audit Report Standards

Current municipal contractual engagements performed under Gruber and Associates:

Lomita x x x
Laguna Woods x x
La Habra
Heights x

x x

x
Bell Gardens x x x x x
Hawaiian
Gardens x

x
Hermosa Beach x x x x
Villa Park x
County of San
Bernardino-
Special
Districts*
x x
County of
Orange x x
South
Montebello
Irrigation
District
x
*5 year contract entered into in 2012 with County of San Bernardino consisted of annual audits of special districts. These audits were performed from 2012-2016.
52 5

4. FIRM QUALIFICATIONS AND EXPERIENCE (Continued)

Contractual engagements performed and lead by Gruber and Associates staff at previous firms:

Aliso Viejo x x x
Carlsbad x X x
Carson x X x
Escondido x X x
Fountain Valley x X x
Goleta x X x x
Hemet x x X x
Highland x X x
Indian Wells x x x
Inglewood x x X x
Lomita x X x x
National City x X x
Newport Beach x X x
Rancho Mirage x x x
Rancho Santa
Margarita x

x
Santa Monica x X x
Solana Beach x x X x
Aliso Viejo x x x

5. PARTNER, SUPERVISORY AND STAFF QUALIFICATIONS AND EXPERIENCE

The following summarizes our proposed project organization structure, which includes personnel from Gruber and Associates.

Gruber and Associates has identified the Engagement Partner and Project Leads as “Key” personnel. We understand the importance of continuity of key personnel throughout the engagement.

Engagement Partner – (KEY) The Engagement Partners are responsible for the overall completion and quality of project objectives and deliverables. The Engagement Partner identifies and coordinates the engagement using our resources to meet project objectives and interfaces with the City and client personnel to ensure their satisfaction at all points throughout the engagement. The Engagement Partners are available to other team members throughout the life cycle of the engagement and typically is involved in status meetings and deliverable presentations.

Project Leads – (KEY) The Project Leads are our day-to-day project managers responsible for all tasks and deliverables in the execution of the project plan in their respective functional areas.

They interface with the City and client’s staff and project personnel on a daily basis in executing and achieving project objectives. The Project Leads are responsible for the planning, execution, and completion of all tasks associated with the project. This will include performing individual tasks and activities as well as supervising those tasks of assigned professional staff.

Seniors – Seniors are assigned to the project tasks as needed to perform and execute individual audit and review tasks and supervise the work of the Staff. Gruber and Associates may assign one or more Sen iors throughout the life cycle of the project to complete required project tasks.

Seniors are assigned based upon the task/project needs and skill sets required. These individuals possess a bachelor or graduate degree and have or in the process of obtainin g professional certifications (CPA).
53 6

5. PARTNER, SUPERVISORY AND STAFF QUALIFICATIONS AND EXPERIENCE (Continued)

Staff – Staff are assigned to the project, as needed to aid in performance and execution of defined tasks. They are responsible for task execution and are directed and supervised by the Management and Seniors. Staff are assigned based upon the task/project needs and skill sets required. These individuals possess a minimum bachelors’ degree in accounting, business or related field and are in the process of obtaining a professional designation.

Gruber and Associates has assembled an engagement team that has the core competencies in all areas identified in City’s RFP. Our team has been drawn from experienced professionals based in Gruber and Associates’ Southern California practice office.

Engagement Audit Partner/Director – Ron Lopez, CPA

Mr. Lopez is a CPA and graduated with a Bachelor of Arts degree in Business Administration with an emphasis in Accounting from California State University of Fullerton. He has over 26 years of audit experience (including numerous years with a national firm) in accounting and auditing with comprehensive knowledge in all accounting principles, concepts and standards including FASB, GASB, SAS, GAS, and GAAS. He will plan and coordinate the engagement, prepare workpapers, and conduct reviews of all workpapers prepared by the professional staff assigned to this engagement. He will discuss with client management the auditing and compliance issues that arise during the course of the audit. Mr. Lopez has significant experience in performing financial and compliance audits of local governments, including redevelopment agencies, housing authorities, special districts, single audits ( including audits of American Recovery and Reinvestment Act (ARRA) funds), and other government grants.

In 2005, he was selected to serve as engag ement manager in the 2005 National Single Audit Project of which the U.S. Department of Education, on behalf of all federal agencies, selected him to perform quality control reviews of other CPA firm audits conducted under OMB Circular A-133.

In 2012, Mr. Lopez as part of Gruber and Associates entered into a 5 year contract with the County of San Bernardino to audit 92 special districts annually. Mr. Lopez was also one of the first auditors to implement GASB 34 (City of Indian Wells 1999).

Mr. Lopez also has performed hundreds of program specific compliance audits (including federal and non-federally funded service providers) on behalf of the County of Orange and was awarded the contract again in 2021.

Mr. L opez will assist Mr. L enton in planning and coordinating the engagement, prepare workpapers, and conduct reviews of all workpapers prepared by the professional staff assigned to this engagement.

54 7

5. PARTNER, SUPERVISORY AND STAFF QUALIFICATIONS AND EXPERIENCE (Continued)

Engagement Audit Manager and Project Lead – Matthew Lenton, CPA

Mr. Lenton is the Director of Audit and Accounting and has over 21 years of prior experience including several with a national firm where he was a Shareholder. He has performe d numerous financial statement, compliance, operational and performance audits of municipalities (including tribal governments and special districts), transit agencies, government grants (including single audits), other contracts and cooperative agreements , not -for-profit organizations, and ERISA (401k & 403b) plans.

Mr. Lenton has comprehensive knowledge in all accounting principles, concepts and standards including GASB, FASB, SAS, GAS, GAAS and more. He has reviewed and evaluated entity’s accounting policies, regulatory laws, internal controls and financial management systems and suggested areas of improvements in formal letters to clients and grantors. Mr. Lenton has also documented matters pertaining to each phase of the risk assessment process for all cycles (i.e. payroll, cash receipts, cash disbursements, cash and investm ent reconciliation including wire transfers, journal entry preparation, and IT) that clearly demonstrated procedures performed, results, evidence obtained and conclusions reached.

Mr. Lenton will lead in the planning and coordinating the engagement, prepare workpapers, and conduct reviews of all workpapers prepared by the professional staff assigned to this engagement.

Local governments (and other relevant entities) audited by Mr. Lenton include the City’s of Newport Beach; Bell Gardens, La Habra Heights, Hermosa Beach, Villa Park, Highland, Rancho Santa Margarita; Indian Wells; Inglewood; Rancho Mirage; Compton; National City; Lomita; Beverly Hills; Hawaiian Gardens; Housing Authority of the City of Los Angeles; Fresno Housing Authority; Lake Arrowhead Community Services District; County of San Bernardino Special Districts, South Montebello Irrigation District; and more.

Engagement Director/Manager – Michelle Danaher

Mrs. Michelle Danaher has over 2 6 years of accounting and audit experience (including numerous years with a national firm) as well as previously serving as Finance Director for the City of Villa Park. Mrs. Danaher has comprehensive knowledge in all accounting principles, concepts and standards including FASB, GASB, SAS, GAS, and GAAS. She will help Mr.

Lenton plan and coordinate the engagement, prepare workpapers and conduct reviews of all workpapers prepared by the professional staff assigned to this engagement. Mrs. Danaher has significant experi ence in performing financial and compliance audits of local government and government contracts. Local governments audited by Mrs. Danaher include City of Costa Mesa, City of Carlsbad, City of Palm Springs, City of San Bernardino, City of Bell Gardens, Cit y of Hawaiian Gardens, City of Lomita, City of Hermosa Beach, City of La Habra Heights, Orange County Water District, Big Bear Area Waste Water Authority, and more.

55 8

5. PARTNER, SUPERVISORY AND STAFF QUALIFICATIONS AND EXPERIENCE (Continued)

Detailed resumes of the engagement team are included in Attachment to this proposal.

a. Extended Education

GRUBER AND ASSOCIATES also believes in extended education and the partners and directors must take 80 hours of CPE in audit and accounting over a 2 year period.

b. Net Value Philosophy

Our net value philosophy is simple. A CPA firm should, over time, increase a client’s efficiency through informed business advice. To avoid tunnel vision syndrome, we operate with the intent of providing a net value to our clients in the form of recommendations and advice that may result in strengthening net assets for our clients.

c. The Experience Factor

There is no substitute for experience. Therefore, we generally do not assign new staff members to work on clients in the field. Rather, a new staff member is assigned to an experienced CPA, who will be responsible for proper training without placing a burden on our clients. In this respect, our training is more of a structured apprenticeship. Our partners have a personal commitment to providing excellent client service. Such service requires “hands on” director involvement with each and every client. There is no increase in cost to our clients for this ad ditional experience, only an increase in benefits. We believe that when you add continuity to this experience factor, you achieve a superior level of client service in all respects. The manner in which our work product is produced places far less burden on your accounting personnel. More importantly, it ensures that we are in a position for our most experienced individuals to thoroughly understand your organization.

d. Time is of the Essence

We are all too familiar with the delays that can result in finan cial statements being completed untimely. We enforce a policy whereby an extremely efficient turn -around is promised for all auditing and accounting services. We clearly understand that the value of our services diminishes with each and every delay.
e. Partner Involvement

Our partners spend substantially more time on each client than “Big Four” or national firm directors. You will see your engagement partners frequently during the year for meetings and planning sessions. The bottom line is that more par tner involvement means better service to you. This is our firm -wide and personal commitment to you. Gruber and Associates has a long history of efficiently staffing its accounting and consulting projects and bringing the projects in on time and on budget. We employ a detailed project management approach whereby each project is carefully planned by program area. Budgets are prepared and monitored daily to compare budgeted time against actual; variances from budgets are analyzed and explained, and weekly status reports are prepared to ensure that the project is on schedule and within budget.

56 9

6. PRIOR ENGAGEMENTS WITH THE CITY OF EASTVALE
GRUBER AND ASSOCIATES has no previous engagements with the City of Eastvale.

7. S IMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES The following are current clients with similar scope of work as requested by the City of Bell Gardens.

1. City of La Habra Heights - 2017 through 2020
GASB 34 Financial Statement and Compliance Audit of City (including AQMD, Measure R, Proposition A and C, and Gas Tax funds).

GFOA Award Recipient 2017-2019
Engagement Partner: Ron Lopez Engagement Manager: Matthew Lenton Angie Martinez, Finance Manager
1245 North Hacienda Road
La Habrá Heights, CA 90631
(562) 694-6302
[email protected]

2. City of Hermosa Beach -2019 through 2020
GASB 34 Financial Statements and Compliance Audit of City (including Measure M, AQMD, and Gas Tax funds).

GFOA Award Recipient 2019
Engagement Partner: Ron Lopez Engagement Manager: Matthew Lenton Viki Copeland, Finance Director
1315 Valley Drive
Hermosa Beach, CA 90254
(310) 318-0225
[email protected]

3. City of Hawaiian Gardens -2018 through 2020
GASB 34 Financial Statements and Compliance Audit of City (including Successor Agency Private-Purpose Trust Fund, AQMD, and Gas Tax funds), and Single Audit in accordance with OMB Circular A-133 requirements.

First Year GFOA Award submission 2017-18 and GFOA Award Recipient 2018-2019 Engagement Partner: Ron Lopez Engagement Manager: Matthew Lenton Linda Hollinsworth, Finance Director/Treasurer
21815 N Pioneer Blvd.

Hawaiian Gardens, CA 90716
(562) 420-2641 Ext 236
[email protected]

57 10

7. S IMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES (Continued)

4. City of Lomita - 2010 through 2020
GASB 34 Financial Statement and Compliance Audit of City (including Measure M, AQMD, and Gas Tax funds), and Single Audit in accordance with OMB Circular A -133 requirements.
24300 Narbonne Ave., Lomita, CA 90717
GFOA Award Recipient 2010-2019
Engagement Partner: Ron Lopez Engagement Manager: Matthew Lenton Susan Kamada, Administrative Services Director
24300 Narbonne Ave.

Lomita, CA 90710
(310) 325-7110
[email protected]

5. City of Villa Park – 2015 through 2020
GASB 34 Financial Statement and Compliance Audit of City (including Measure M, AQMD, and Gas Tax funds)
Engagement Partner: Ron Lopez Engagement Manager: Matthew Lenton Steve Franks, City Manager
17855 Santiago Blvd.

Villa Park, CA 92861
(714) 998-1500
[email protected]

8. SPECIFIC AUDIT APPROACH

Gruber and Associates is very familiar with local government financial statement and government grant compliance audits and has specific relevant experience to similar challenges and undertakings. The firms’ relevant experience is listed under Sections 4 and 5 in this proposal. To maximize the benefit to the City as a result of this engagement, Gruber and Associates proposes to utilize our structured business process methodology, experience, and knowledge in executing this engagement. Our approach places great emphasis on using only proven and experienced auditors and consultants to perform the services required by the City. The following is a summary of the approach to the different types of tasks that may be assigned under this RFP and expected deliverables and work products.

On a date desired by management in May or June 2021, audit procedures that will be accomplished during the planning stage include the following: 6 Hours Estimated

• Entrance conference with the Director of Finance and other key City personnel to: review project and task objectives; review scope of services and data collection methodology; discuss documentation needed; collect available data and published materials; establish meeting and presentation schedule; discuss dates for interim and final fieldwork and coordinate and establish communication channels in accordance with SAS 114.

58 11

8. SPECIFIC AUDIT APPROACH (Continued)

• Prepare a list of items needed (our workpapers are in electronic form, so electronic files for schedules and documents requested will be preferred but not required). Our request of items to be provided will conform to what the City has previously provided to its existing Auditor.

Should we need additional information, we will work with City staff to minimize any additional work load to the City. Each assoc iate is assigned a lap top for fieldwork and we use primarily Microsoft Word and Excel for our audit engagements. We will also establish materiality levels for the government-wide and fund financial statements.

• Thoroughly review all relevant documents and agreements (debt issues, leases, significant contracts, joint power agreements etc.) and prepare an audit plan that will include an audit program, audit procedures, and timeline for all audits. Levels of materiality will also be developed.

• Planning will continue throughout the audit and be constantly updated as issues and scope may change as the audit proceeds.

On a date desired by management in May or Ju ne 2021, audit procedures that will be accomplished during our interim fieldwork include the following: 18 Hours Estimated

• We will provide instructions for mailing out letters to confirm bank balances for cash and investments, attorneys, debt, material receivables, OPEB, PERS and risk management insurance.

• We will review internal controls of the main cycles (cash receipts, cash disbursements/ procurement, payroll, capital assets, IT, and treasury management) and assess controls risk in accordance with the risk auditing standards (SAS 103 to 111) and fraud risk standards (SAS 99). We will identify areas of potential concern to City management.

• Perform testing of controls where reliance can be placed. In conducting our tests of controls we will use the GAS Audit Sampling Guide parameters. For approximately 40 transactions.

• Reviewing of minutes of the City Council meeting minutes.

• Test a sample of journal entries to ensure reasonableness. For approximately 25 transactions

• Perform preliminary analytical reviews on balance sheet and incom e statement and investigate significant variances.

• We will perform a test of disbursement transactions to ensure that: For approximately 40 transactions

o City has properly spent funds in accordance with various restricted funds and federal and state grant programs,

o City procurement policies are being followed.

• Test salary expense by performing payroll test of transactions, review and test city manager contract, and interviewing employees. For approximately 9 transactions.

• Compliance testing of City budgetary policies. For approximately 25 transactions.

59 12

8. SPECIFIC AUDIT APPROACH (Continued)

On a date desired by management in O ctober 2021 (after the final closing of the books and preparation of final trial balances by City personnel for the year ended June 30), we will commence performing our final fieldwork which will include: 84 Hours Estimated

• Confirm cash and investment balances and t est bank reconciliations. Also ensure the proper recording in accordance with GASB 31 Fair Value Reporting for Investments and GASB 40 Deposit and Investment Risk Disclosures.

• Test capital assets and accumulated depreciation to ensure they are fairly stat ed and in accordance with generally accepted accounting principles, and that streets and roads network are properly using the modified approach in accordance with GASB 34.

• Testing of allocations of interest income to the various funds.

• Examination of support and subsequent receipt of significant receivable balances.

• Search for unrecorded liabilities.

• Testing of long term debt balances and debt without government commitment.

• Consideration of support and proper valuation of the liabilities for compensated absences and claims and judgments.

• Testing of support for other significant assets and liabilities of the City.

• Testing for the proper establishment of non-spendable, restricted and assigned fund balances in accordance with GASB 54.

• Review of significant events after year end (through the completion of our audit).

• Review of attorney letters for significant legal matters affecting the City’s financial position.

• Perform other substantive procedures on other significant revenues and expenditures.

• Ensure operating leases are properly recorded and classified.

• Perform final analytical reviews on balance sheet and income statement and investigate significant variances.

• Test pension plan and other post employment benefits to determine accordance with GASB 68, 73 and 45, respectively.

• Test interfund balances and transfers.

• Test of joint ventures and developer agreements, if any.

• Determination of major and non-major funds for financial reporting purposes.

60 13

8. SPECIFIC AUDIT APPROACH (Continued)

In November 2021, procedures that will be accomplished during the report preparation/review stage include the following: 20 Hours Estimated

• Single Audit Report (if needed) , GAS or SAS 115 Internal Controls letter , and SAS 114 Communications letter in draft form will be developed and presented to City management for review. A schedule of adjusting journal entries will also be provided , if any. We will review the City’s draft of the CAFR and make and edits as agreed to be the Director of Finance & Administrative Services.

• After City approval of all reports, we will print, bind and mail final copies of report to the City.

Should the City meet the Single Audit criteria for expenditures of federal funding during the fiscal year, we would perform the following procedures in performing the Single Audit during both the interim and final stages of the audit: 24 Hours Estimated

• The following relevant federal and AICPA publications will be addressed:

o The OMB Title II-Uniform Grant Guidance for grants issued after 12/26/14.

o Single Audit Act of 1984 and Amendments of 1996 (Public Law 104-156) applicable to local governments including OMB Circular A -133 for grants issued before 12/26/14.

o GAO Government Auditing Standards (Yellow Book)- 2011 Revision

o AICPA Audit and Accounting Guide Audits of State and Local Government Uni ts (1994 revision) and Statement of Position 98-3, Audits of States, Local Governments, and Not-for-Profit Organizations Receiving Federal Awards

o SAS No. 74, Compliance Auditing Considerations in Audits of Governmental Entities and Other Recipients of Federal Financial Assistance

o Revised Compliance Supplement for Single Audits of State and Local Governments

o Catalog of Domestic Assistance Programs

o OMB Circular A-87

o OMB Circular A-102

• Identify the federal programs administered by the City and the amounts expended during the audit period.

• Apply the risk- based auditing approach mandated by the OMB Uniform Grant Guidance or Single Audit Act Amendments of 1996 (Public Law 104- 156) and OMB Circular A -133 entitled Audits of States, Local Governments, and Non- Profits Organizations for the determination of major programs to be selected under the single audit process. As prescribed by the directives of the new single audit requirements, this will involve a consideration of the complexity of the program, prior audit findings, changes in personnel, the competency of personnel, the extent to which sub-recipients are used, the extent of overview and monitoring by granting agencies, the extent of recent changes in program requirements, the newness of the program, the size of the program, and the inherent risk of the program. 61 14

8. SPECIFIC AUDIT APPROACH (Continued)

• Identify the oversight audit agency, if any.

• Identify and list the major compliance supplements and subrecipients of the City, if any.

• Review the administrative control systems to ensure compliance.

• Execute the sampling plan.

• Perform audit procedures for the selected transactions.

• Test compliance with other material compliance requirements.

• Test matching requirements, if any.

• Test indirect costs, if any.

• Review reports and claims for advances and reimbursements to the federal government.

• Review processing of audit reports for state and local government subrecipients, if any.

• Prepare the independent auditors’ reports required by OMB.

• Prepare the data collection form required to be filed with the Single Audit Central Clearinghouse.

9. FIRM FIXED FEE PRICE SCHEDULE

Our total maximum price and schedule of professional fees and expenses has been included as Appendix A & B of this proposal. Our hourly rates (including out -of-pocket costs) for any work outside the scope of this agreement are as follows:

Managing Partner $ 175 per hour
Partners and Directors $ 175 per hour

We fully understand your need to control costs and have priced our services to bring you outstanding value at fair fees. We do not charge for continuing client contact during the year, such as phone conversations and current development meetings. We find that the kind of rapport that is so important for a long- term relationship is difficult to maintain when bills are submitted for mutually beneficial meetings. Should the scope of the engagement change, we will discuss the additional time that may be required and related fee with the City prior to commencing any additional work.

10. EXPECTATIONS OF CITY STAFF

Our expectation of City staff is that we have open communications throughout the year and audit process to ensure an effective and efficient audit process.

62 Attachment A

Scope of Services

I. Contractor will perform the following services:

a. See pages 3 & 4 of proposal for project goals and core requirements and deliverables.

II. As part of the Services, Contractor will prepare and deliver the following tangible work products to the City:

a. See pages 3 & 4 of proposal for project goals and core requirements and deliverables.

III. During the performance of the Services, Contractor will keep City appraised of the status of performance by delivering the following status reports:

a. Our entire engagement team is in constant contact and through the duration of the audit, we will have weekly e-mail communications with the status of the audit as well as items pending. This communication will continue during to course of the audit as describe in Section 8 of our proposal.

IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule:

a. We have set forth a preliminary schedule as noted in Section 8 of our proposal. The timing and schedule will be agreed to between our team and the City; we will adhere to the agreed upon schedule, but we are flexible to adjust if requests are made by the City.

V. Contractor will utilize the following personnel to accomplish the Services:
a. As noted in Section 5 of our proposal the following individuals will serve on the engagement team through the entire contract:
i. Ron Lopez, CPA
ii. Matthew Lenton, CPA
iii. Michelle Danaher

VI. Contractor will utilize the following subcontractors to accomplish the Services:
a. Gruber and Associates will not utilize any subcontractors.

63 Attachment B

Compensation - Total Maximum Price

Fiscal Year
2020-21 2021-22 2022-23 Total
City Audit $20,650 $21,008 $21,366 $63,024
Single Audit 1,400 1,421 1,442 4,263
Gann Limit 350 355 360 1,065
Total $22,400 $22,784 $23,168 $68,352

*All inclusive total for services, out -of-pocket expenses, meals, lodging, transportation, printing and other costs.

** Rates for future years includes a 1.5% increase.

Schedule of Professional Fees and Expenses

Scope of Service: Auditing Services Fiscal Year: 2020-21

Rate

Hours

Cost
(rate x hours)

Partners and Directors

$175

128

$22,400

Managers

n/a

Supervisory Staff

n/a

Staff

n/a

Subtotal Staff
128 $22,400

Meals & Lodging

$ 0

Transportation

$ 0

Subtotal Billable Expenses

$ 0

Total Maximum Cost 128 $22,400

64 Attachment C: Engagement Team Resumes

65 R
on K. Lopez, C.P.A. (CA License No. 82537)
Executive Summary
Mr. Lopez is a partner and has over 26 years of prior experience in cluding several with a national firm.

He has performed numerous financial statement, compliance, operational and performance audits of municipalities (including tribal governments and special districts), transit agencies, gover nment grants (including single audits), other co ntracts and cooperative agreements, not -for-profit organizations, private companies (including manufacturing, franchising, software, medical receivables and more), ERISA (401k), medical expense reimbursement plans, real estate advisors and personal financial statements.

M
r. Lopez has comprehensive knowledge in all accounting principles, concepts and standards including GASB, FASB, SAS, GAS, GAAS and more. He has reviewed and evaluated entity’s accounting pol icies, regulatory laws, internal controls and financial management systems and suggested areas of improvements in formal letters to clients and grantors. Documented matters pertaining to each phase of the risk assessment process for all cycles (i.e. payroll, cash receipts, cash disbursements, cash and investment reconciliation including wire transfers, journal entry preparation, and IT) that clearly demonstrated procedures performed, results, evidence obtained and conclusions reached. Mr. Lopez also performed quality control reviews of other CPA firms on behalf of federal government. Lastly, Mr. Lopez was one of the first audit managers to audit a local government using the GASB 34 module (City of Indian Wells, 1999).

Education:

B
.A.- Cal State University Fullerton, Business Administration with an emphasis in Accounting.

Professional Work History:
1994
-2004: Conrad and Associates, CPAs
2004-2008: Mayer Hoffman McCann
2008-2009: Glenn Gelman and Associates, CPAs
2009-Present: Gruber and Associates Inc.

R
ecent Audits of Municipalities (including Successor Agencies, Transit Agencies, Special Districts and OMB Uniform Grant Single Audits ):
• B
ell Gardens, Hawaiian Gardens, Villa Park, La Habra Heights, Newport Beach; Aliso Viejo; Rancho Santa Margarita; Laguna Woods; Carlsbad; Indian Wells; Fountain Valley Rancho Mirage; Solana Beach; National City; Escondido; Goleta; Lomita; Santa Monica; San Marcos; Big Bear Area Regional Wastewater Authority; Lake Arrowhead CSD; Big Bear CSD; Salt and Sea Water Authority , County of San Bernardino Special Districts, South Montebello Irrigation District, and more.

R
ecent Audits of Quasi Governmental and Nonprofit Organizations:
• M
exican Hass Avocado Board, Newport Beach Conference & Visitor ’s Bureau, Whittier First Day Coalition, Assistance League of Whittier, National Childhood Cancer Foundation (Curesearch), South County Outreach, Miracles for Kids, Grades of Green , Intercommunity Counseling Center, Community Legal Aid SoCal, Hass Avocado Board, Mexican Hass Avocado Importer’s Association, Avocados from Mexico, Peruvian Avocado Commission, Substance Abuse Foundation of Long Beach, Center for Community Research, and more. 66 Ron K. Lopez, C.P.A. (continued)

Recent Performance and Program Specific Audits:

• Orange County Healthcare Agency and Social Services Agency

Recent Continuing Education:

• Fraud, Local Government; Ethics, Non -profit Updates, Risk Assessment (SAS Nos. 103 thru 114); GASB Audit and Accounting updates; Advanced Government Financial Reporting; FASB updates; Single Audit updates.

Memberships: AICPA; California Society of CPA’s.

67 M
atthew J. Lenton, C.P.A. (CA License No. 97111)
Executive Summary
Mr. Lenton is the Director of Aud it and Accounting and has over 21 years of prior ex perience including several with a national firm where he was a Shareholder. He has performed numerous financial statement, compliance, operational and performan ce audits of municipalities (in cluding tribal governments and special district s), transit agencies, government grants (including single audits), other contracts and coo perative agreements, not -for-profit organizations, private companies (including manufacturing, franchising, so ftware, franchises and more), and ERISA (401k & 403b) plans.

M
r. Lenton has comprehensive knowledge in all accounting principles, concepts and standards including GASB, FASB, SAS, GAS, GAAS and more. He has reviewed and evaluated entity’s accounting policies, regulatory laws, internal controls and financial management systems and suggested areas of improvements in formal letters to clients and grantors. Documented matters pertaining to each phase of the risk assessment process for all cycles (i.e. payroll, cash receipts, cash disbursements, cash and investment reconciliation including wire transfers, journal entry preparation, and IT) that clearly demonstrated procedures performed, results, evidence obtained and conclusions reached.

Education:

B.S.- California State Polytechnic University - Pomona, Business Administration with an emphasis in Accounting.

Professional Work History:
2001-2004: Conrad and Associates, CPAs
2004-2012: Mayer Hoffman McCann, PC
2012-2014: Whittaker & Company, CPAs
2014-Present: Gruber and Associates Inc.

R
ecent Audits of Municipalities (including Redevelopment Agencies, Transit Agencies, Special Districts and OMB Uniform Grant Single Audits ):
• B
ell Gardens, Villa Park, La Habra Heights, Hawaiian Gardens, Newport Beach; Rancho Sant a M
argarita; Indian Wells; Inglewood; Rancho Mirage; Compton; National City; Lomita; Beverly Hills ; H
ighland; Housing Authority of the City of Los Angeles ; Fresno Housing Authority; Lake Arrowhead CSD; County of San Bernardino Special Districts, South Montebello Irrigation District; and more.

R
ecent Audits of Quasi Governmental and Nonprofit Organizations:
• M
exican Hass Avocado Board; Newport Beach Chamber of Commerce; Community Service Programs, Inc.; California Family Life Center; National Childhood Cancer Foundation (Curesearch); Community Legal Aid SoCal ; Substance Abuse Foundation of Long Beach; American College of Trial Lawyers, Orange Coast Interfaith Shelter; New Directions for Women; Orange County Conservation Corps; Order of the Eastern Star; Beverly Hills Chamber of Commerce; Orange YMCA; Laguna Art Museum; a nd
mo
re.

R
ecent Compliance, Performance and Program Specific Audits:
• Orange County -Healthcare Agency and Social Services Agency Recent Continuing Education:
• Fraud, Local Government; Ethics, Non-profit Updates, Risk Assessment (SAS Nos. 103 thru 114); GASB Audit and Accounting updates; Advanced Government Financial Reporting; FASB updates; Singl e Audit updates.

M
emberships: AICPA; California Society of CPA’s.
68 Mi
chelle Danaher
Executive Summary
Mrs. Danaher is the Director of Audit and Accounting and has over 26 years of prior experience including several with a national firm, and most recently as the Finance Director of the City of Villa Park for over 10 years. She has performed numerous financial statement, compliance, operational and performance audits of municipalities (including special districts ), government grants (including single audi ts), other contracts and cooperative agreements, not-for-profit organizations, along with overseeing all financial decisions over the City of Villa Park (including preparing the CAFR, annual state controller reports, State and County compliance reporting, and annual City Budget).

Mrs. Dan
aher has comprehensive knowledge in all accounting principles, concepts and standards including GASB, FASB, SAS, GAS, GAAS and more. She has reviewed, evaluated, and written accounting policies, regulatory laws, internal controls and financial management systems and suggested areas of improvements to provide efficiencies within entities. In her management role at the City, she was the key individual who documented and created segregation of duties over internal controls in payroll, cash receipts, cash disbursements, cash and investment reconciliation including wire transfers, journal entry preparation, and IT.

Education:

B.S.- Biola University, La Mirada, Business Administration with an emphasis in Accounting.

Professional Work History:
1994-1999: Conrad and Associates, CPAs
1999-2004: Santa Margarita Water District
2004-2007: Mayer Hoffman McCann, PC
2007-2018: City of Villa Park
2018-Present: Gruber and Associates Inc.

Au
dits of Municipalities (including Special Districts and OMB Uniform Grant Single Audits):
• V
illa Park, Costa Mesa, Orange County Water District, Carlsbad, Big Bear Area Regional Wastewater Agency, Palm Springs, San Bernardino and more.

A
udits of Nonprofit Organizations:
• Gi
rl Scouts of Orange County Olive Crest, Legal Aid Society of Orange County; Orange YMCA, Mexican Hass Avocado Board, Whittier First Day Coalition, Assistance League of Whittier, South County Outreach, Miracles for Kids, Grades of Green , Intercommunity Counseling Cente r, Community Legal Aid SoCal ,
Hass Av
ocado Board, Mexican Hass Avocado Importer’s Association, Avocados from Mexico, Substance A
buse Foundation of Long Beach, Center for Community Research, and more.

C
ompliance, Performance and Program Specific Audits:
• Orange County -Healthcare Agency and Social Services Agency Continuing Education:
• Fraud, Local Government; Ethics, Non-profit Updates, Risk Assessment (SAS Nos. 103 thru 114); GASB Audit and Accounting updates; Advanced Government Financial Reporting; Single Audit updates.

M
emberships: CSMFO
69 Christopher Vincent Haro, C.P.A. (License No. 82294)

Executive Summary

Mr. Haro is a manager and has over 20 years of prior experience including several with a national firm.

Mr. Haro has comprehensive knowledge in all accounting principles, concepts and standards including GASB, FASB, SAS, GAS, GAAS and more. He has reviewed and evaluated entity’s accounting policies, regulatory laws, internal controls and financial management systems and suggested areas of improvements in formal letters to clients and grantors. Documented matters pertainin g to each phase of the risk assessment process for all cycles (i.e. payroll, cash receipts, cash disbursements, cash and investment reconciliation including wire transfers, journal entry preparation, and IT) that clearly demonstrated procedures performed, results, evidence obtained and conclusions reached.

Education:

B.S.- Cal Poly Pomona, Business Administration with an emphasis in Accounting.

Professional Work History:

2000-2004: Conrad and Associates, CPAs
2004-2009: Mayer Hoffman McCann
2009-Present: Gruber and Associates Inc.

Recent Audits of Municipalities (including Redevelopment Agencies, Transit Agencies, Special Districts and OMB Uniform Grant Single Audits ):

• Lomita; La Habra Heights, Bell Gardens, Hawaiian Gardens, San Diego Port District; San Carlos; San Bernardino; Aliso Viejo; Laguna Woods; Indian Wells; Indio; Solana Beach; Big Bear Area Regional Wastewater Authority; Lake Arrowhead CSD; Big Bear CSD; Salt water Authority, San Gabriel Valley Mosquito and County of San Bernardino Special Districts.

Recent Audits of Quasi Governmental and Nonprofit Organizations:

• Red Cross of Orange County; Orange County Performing Arts Center; Friend of the Cerritos Center, Chapter 13 Bankruptcy Trustee; Chapter 7 Bankruptcy Trustees; Boys and Girls Club of Anaheim; Boys and Girls Club of Huntington Valley; Southern California Alcohol and Drug Programs, and more.

Recent Compliance, Performance and Program Specific Audits:

• Orange County -Healthcare Agency and Social Services Agency

Recent Continuing Education:

Membership: AICPA
70 Attachment D: Quality Control Peer Review Report

71 72
73 AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.3
April 13, 2022
Approval of Professional Services Agreement with NV5 for Consul-ng Services in the Public Works Division as Subs-tu-on for Current Consulting Staff Contract
Prepared By:

Jimmy Chung, City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council approve the Professional Services Agreement with NV5 for Consul!ng Services in the Public Works Division in the amount of $140,000 and authorize the City Manager to execute the agreement.

Summary
Historically, consul!ng services for Public Works has been provided by a single consultant. In 2018, CalPERS conducted a compliance review of the City's use of independent contractors and determined that several individuals were misclassiﬁed as independent contractors and were actually common law employees of the City and may be required to be enrolled with CalPERS by the City. As a result, the City ac!vely monitors its independent contractor usage and steps are taken to ensure the City remains in compliance with CalPERS regula!ons. In the case of Public Works consultants, it has been determined that having more than one consul!ng ﬁrm available to provide services to the department would help the City stay within CalPERS' requirements.

The Engineering Division is responsible for the design and construc!on of private development and capital/public projects. The division collects development fees, processes permits, and provides inspec!ons for a variety of construc!on and non-construc!on ac!vi!es within the public right-of- way. The private development services we oﬀer ensures compliance of City Codes and design standards. The engineering division also reviews, coordinate, approve, monitor, manage, and 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
74 enforce approximately 400 encroachment permits per year in addi!on to the private land development related permit coordination work.

The Public Works Department is commi@ed to the maintenance and opera!on of the City of Eastvale’s infrastructure. This includes ensuring the safety and quality of: streets, sidewalks, curb and gu@er, curb ramps, medians, landscaping, traﬃc signals, street lights, traﬃc signs, storm drain inlets, etc. Through ini!a!ves such as the Capital Improvement Program, the Public Works staﬀ actively improves the City’s infrastructure.

Background
The solu!on provided by the consultant for permiDng services include performing reviewing, reading, and understanding simple construc!on drawings and interpre!ng and explaining simple Public Works regula!ons and standards. The consultant will also be responsible for reviewing permit applica!ons, interac!ng with the general public, maintaining records and ﬁles, and performing other project related du!es as requested. The consultant will be responsible for suppor!ng the Public Works permitting process and other Public Works related needs.

The solution provided by the consultant for field services include management of minor public works maintenance related projects; and monitoring and responding to non-emergency issues that are reported through the My Eastvale app by the Eastvale residents. The consultant will also support current city consultants from
MCE and Econolite in order
to keep the Public Works ﬁeld opera!ons
running smoothly.

NV5 demonstrated both experience and qualiﬁca!ons that meet Eastvale's needs and expecta!ons.

They are capable of providing the necessary professional services immediately and the goal is for this contract to provide ﬁeld technician and permit technician consul!ng services for not-to-exceed 1,000 hours, each position.

Substan!al amount of these consul!ng service hours is cost recoverable via development deposit or permit fees. Majority of remaining work hours associated with Public Works, Streets, and Public Right of Way will be paid with Measure A and Gas Tax.

Environmental
The proposed contract is not a project as deﬁned by the California environmental Quality Act (CEQA) and as such, no environmental review is required.

Strategic Plan Action - Priority Level: 3
| Target #: 3
| Goal #: 6
Ensure the City revenues align with expenditures
Fiscal Impact
Budget is available in fiscal year 2021-22 the following accounts:

Fund
Account Number
Description
FY 21-22 Budget
General Fund
100-320-6490
Development
Engineering
$30,000
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
75 General Fund
100-320-6433
Public Works -
Private
Developments
$867,000
General Fund
100-510-6490
Storm
Management
$50,500
Gas Tax
200-500-6490
Public Works -
Maintenance
$300,000
Gas Tax
200-510-6490
Public Works -
Streets
$310,000
Various
See Project
CIP

The contract is based on a hourly rate schedule with a total not-to-exceed amount of $140,000.

Corresponding accounts will be used depending on the task performed. This agreement is to replace the contract services provided by a single source. There is no ﬁnancial impact an!cipated at this time.

Prior City Council/Commission Action
There has been no prior Council action.

Attachment(s)
Attachment - PSA with NV5

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
76 - 1 -

AGREEMENT FOR SERVICES
[STAFF AUGMENTATION]

This Agreement for Services (“Agreement”) is entered into as of this ____ day of _________, 2022 by and between the City of Eastvale, a municipal corporation (“City”) and NV5, Inc. (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by informal quotes the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Contractor, following submission of a quote for the performance of the services defined and described particularly in Section 2 of this Agreement, was se lected by the City to perform those services.

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for six months commencing on the date first ascribed above.

SECTION 2. SCOPE OF SERVICES
(a) Scope of Services. Contractor agrees to perform the services set forth in Exhibit “A” “Scope of Services and Compensation” (hereinafter, the “Services”) and made a part of this Agreement by this reference.

SECTION 3. ADDITIONAL SERVICES.

Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implem entation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
77 - 2 -

(a) Subject to any limitations set forth in this Agreem ent, City agrees to pay Contractor the amounts specified in Exhibit “ A” “Scope of Services and Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed one hundred forty thousand dollars ($140,000), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each month Contractor shall furnish to City an ori ginal invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontract or charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials bei ng paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to det ermine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) day s after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranti es in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In ac cordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this Agreement shall be subject to the examination a nd audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed 79 - 4 -

upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be give n to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.

Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s personnel are in any manner officials, officers, or employees of City. (c) Neither Contractor, nor any of Contractor’s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all time s faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons e ngaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. 80 - 5 -

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement be cause the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Contractor shall not discriminate, in any way, against any person on the basis 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 in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all s uch liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowled ges that Contractor will perform non - related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already kno wn to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, e mployees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interroga tories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Contractor for any damages, costs and fees, inclu ding attorney's fees, caused by or incurred as a result of Contractor’s conduct.

Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a 82 - 7 -

Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Prof essional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including reasonable attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to off icers, agents, employees or sub contractors of Contractor, in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or thre atened, including reasonable attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agree ment by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. (c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnif ied Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor complia nce with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s negligence. The provisions of this section shall not release City from liability arising from gross negligence , active negligence or willful acts or omissions of City or any and all of its officials, employees and agents. 83 - 8 -

SECTION 17. INSURANCE.

Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “B” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approve d in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualific ations and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agre ement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the City.

SECTION 19. CONTINUITY OF PERSONNEL.

Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and sub contractors, if any, assigned to perform the Services. Contractor shall notify Cit y of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” 84 - 9 -

of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 21. DEFAULT.

In the e vent that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

SECTION 24. NOTICES.

To City: City of Eastvale
Attn: City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
85 - 10 -

To Contractor: NV5, Inc.

Attn: Jeffrey M. Cooper
163 Technology Drive, Suite 100
Irvine, CA 92618

Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the Eastvale Municipal Code . The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.

SECTION 29. WAIVER.

waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, cos ts and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matt ers addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

SECTION 34. CONFLICTING TERMS.

Except as otherwise stated herein, if the term s of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF EASTVALE
___________________________
87 - 12 -

Henry Garcia
Acting City Manager
ATTEST:
___________________________
Marc Donohue
City Clerk

APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney
NV5, Inc.

By: ____
Name: ___________________________
Its: ______________________________
NOTE: CONTRACTOR’S SIGNATURES SH ALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORP ORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S
BUSINESS ENTITY. CORPORATIONS AND LLCS MUST SUBMIT

DOCUMENTATION SHOWING THAT THE INDIVIDUAL SIGNING ON ITS BEHALF HAS THE AUTHORITY TO EXECUTE THIS CONTRACT.

Jeffrey M. Cooper
Vice President
88 B-1
EXHIBIT "A"

SCOPE OF SERVICES AND COMPENSATION
89 163 Technology Drive, Suite 100 | Irvine, CA 92618 | www.NV5.com | Office 949.585.0477

March 17, 2022
Yurhi Choi, Associate Engineer
City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Subject: Permit Technician Services
Dear Yurhi,

NV5, Inc. is excited to have the opportunity to provide Permit Technicians to the City of Eastvale (City). Our team has the knowledge and experience to deliver these services in the most efficient and cost effective manner.

NV5 understands that the duties of the Permit Technician are to be performed at City Hall and will include the following essential functions:

A. Provide information and assistance to the general public, contractors, engineers at the permit counter, over the phone, and via email regarding permit application requirements and processes, Public Works standards and regulations, plan requirements and permit fees.

B. Receive and review permit applications and related drawings for accuracy, completeness and compliance with established regulations; issue and record permits; calculate, collect fees and reconcile daily receipts; categorize permit by type, and revenue collected.

C. Receive plan check submittals; route plans as appropriate for checking; receive approved plans to calculate fees; inform customers, builders, and developers of plan check status by researching a system, case logs, and associated files.

D. Coordinate with appropriate City staff project requirements and submittals.

E. Prepare and maintain a variety of records related to the permit and case files.

F. Receive plans and issue permits for right of way construction or impacts, and grading and/or drainage improvements. View and interpret basic GIS utility and right-of-way maps.

G. Perform related duties and responsibilities as required.

NV5 understands the City desires one (1) Permit Technician, seven (7) hours a day, three (3) days a week for a maximum of 1000 hours, and one (1) Senior Permit Technician (duties further defined below) for 40 hours a week for a maximum of 1,000 hours. The duties include performing clerical office duties and reviewing, reading, and understanding simple construction drawings and interpreting and explaining simple Public Works regulations and standards. Our staff is knowledge of principles and practices of permit application review, modern office procedures, methods and equipment, including computers, data filing and retrieval, principles of basic report preparation, principles and procedures of record keeping, and customer service methods and techniques. Additionally, NV5 staff is able to analyze and review permit applications; respond to requests and inquiries from the general public; operate office equipment including computers, an automated tracking system, and a variety of software programs, including spreadsheet applications; maintain accurate records and files; communicate clearly and concisely, both orally and in writing; and establish and maintain effective working relationships with those contacted in the course of work.

Page 2 ends

City of Eastvale

163 Technology Drive, Suite 100 | Irvine, CA 92618 | www.NV5.com | Office 949.585.0477 NV5 understands that the City desires an individual capable of performing Field Technician duties and field work and has assigned a senior-level Permit Technician for the following additional field duties:

H. Managing Landscaping: Field visits to assess the warranty landscaping maintenance of third party contractors to the City, followed up by phone calls, emails, and notices to the third party contractor for corrective action.

I. Sidewalks: Field visits to assess trip and fall sidewalk complaints to evaluate the sidewalks. Field evaluations include length and width of proposed sidewalk replacement or recommendations to grind in place. A sidewalk report is generated and then uploaded into the City’s web-based tracking system, with a report to the City engineers.

J. Managing minor public works maintenance related projects.

Excluded from our scope of work are specific categories covered by the California Department of Industrial Relations as Prevailing Wage Work, which includes modifying, maintaining, or setting up traffic control, and sanitation engineering, including litter control and removal and unwanted dumping control and removal.

NV5 offers Kaly Morris and James DeMonaco to the City at the following rates:

Name Hourly Rate* Hours Total
Kaly Morris, Permit Technician $60 1000 $ 60,000
James DeMonaco, Senior Permit Technician & Field Technician $80 1000 $ 80,000 Total $140,000

* Rate is for up to 8 hours per day. Overtime at 1.5x base rate applies for work from 8 to 12 hours, and double base rate for over 12 hours, weekends, and holidays. * Rate includes up to 30 miles of driving per day within the City.

NV5 looks forward to working with the City and helping you achieve your goals and objectives. If you need further information, we may be reached by phone at (949) 585-0477, or electronically at [email protected]. Thank you for your time and consideration.

Sincerely,
NV5

Jeffrey M. Cooper, PE
Vice President

PN: P27022-0002592.00
91 C-1
EXHIBIT "B"

INSURANCE

A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M.

Best's rating of no less than A:VII.

Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance . Coverage shall be at least as broad as:

(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).

(2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsemen t CA 0025, or equivalent forms subject to the written approval of the City.

(3) Workers’ Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement.

(4) Professional Liability . Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional three (3) year period, Contractor shall annually and upon request of t he City submit written evidence of this continuous coverage.

2. Minimum Limits of Insurance . Contractor shall maintain limits of insurance no less than:

(1) Commercial General Liability. $1,000,000 general aggregate for bodily injury, personal injury and property damage.

(2) Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of 92 C-2
not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.

(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence.

(4) Professional Liability. $1,000,000 per claim.

B. Other Provisions . Insurance policies required by this Agreement shall contain the following provisions:

2. Commercial General Liability and Automobile Liability Coverages.

(1) City, and its respective elected and appointed officers, officials, and employees and volun teers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.

(2) Contractor’s insurance cover age shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Contractor’s insurance.

(3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

(4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

3. Workers' Compensation Coverage . Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation 93 C-3
against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.

C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit “B”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.

2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers.

94 AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.4
April 13, 2022
Award of Contracts for On-Call Engineering and Professional Consulting Services for Various Public Works Projects
Prepared By:

Jimmy Chung, City Engineer
Recommended Action(s)
Staff recommends that the City Council:

1 .

Approve the recommended consultants to provide on-call professional services to the City as needed for each discipline category; and
2 .

Approve the form agreement for on-call professional services to be u"lized in contrac"ng for said services; and
3 .

Summary
The Public Works Division is responsible for the design, construc"on, and maintenance of many facets of the City's infrastructure. The City needs technical exper"se in several disciplines to advance the goals and policies of the City Council that are outlined in the City’s Strategic Plan. On-call professional services in speciﬁc disciplines will maximize exper"se and experience, and allow staﬀ to mobilize that exper"se on short no"ce under pre-nego"ated, compe""ve procurement terms and condi"ons. Staﬀ iden"ﬁed several specialty areas of professional exper"se to prepare innova"ve solutions to meet the goals and directions set forth in the City’s Strategic Plan.

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
95 Qualiﬁca"ons were accepted from October 25, 2021 through November 15, 2021. The evalua"on team consis"ng of City staﬀ reviewed the proposals based on the exper"se and experience of the ﬁrm and its key personnel; ability and competence of the ﬁrm to perform the work within strict cost and budget and deadlines; familiarity with required Federal, State, and local standards and procedures; and capacity and quality of staﬀ to provide resources necessary to develop and manage mul"ple work assignments. Staﬀ recommends entering into agreements for on-call engineering and professional consul"ng services with the following professional consul"ng ﬁrms for each respec"ve disciplines:

Discipline Category
Firm(s) recommended for on-call services
Traffic/Transportation Engineering Services
STC Traffic, Fehr & Peers, Kimley Horn, TKM, Webb,
Michael Baker, Transtech
Construction Management and Support
Onward, KOA, FALCON, Griffin, DUDEK, Cumming, Next
Level Solutions
Construction Inspection Services
KOA, FALCON, Onward, W&A, GK&Associates, DUDEK,
SA Associates
General Civil Project Planning and
Engineering
Onward, Kimley Horn, Mark Thomas, KOA, Psomas,
Hunsaker, NV5, Webb, ERSC
Project Management - Capital
Improvement Project
Next Level Solutions, Griffin, TKE, Cumming, LAE,
FALCON

Background
On October 25, 2021, the City issued a Request for Qualiﬁca"ons (RFQ) on the City's website and Planetbids in order to solicit proposals from interested par"es to provide exper"se for the following areas of expertise:

Traffic/Transportation Engineering Services
Construction Management and Support
Construction Inspection Services
General Civil Project Planning and Engineering
Project Management – Capital Improvement Project

On November 15, 2021, the City received 75 proposals from various consul"ng ﬁrms for the ﬁve (5) disciplines described in the RFQ. The table below depicts the categories and the number of proposals received and recommended per category:

Category
Number of Proposals
Received
Number of Firm(s)
recommended
Traffic/Transportation Engineering Services
13 7
Construction Management and Support
19 7
Construction Inspection Services
17 7 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
96 General Civil Project Planning and Engineering
9 9
Project Management - Capital Improvement
Project
12 6

The intent of this RFQ was to expand the exis"ng list to include more areas of exper"se and establish a qualiﬁed pool of ﬁrms to support the various projects and staﬃng needs for the next three years. Maintaining an ac"ve and comprehensive on-call list will streamline the process of awarding projects to the most suitable ﬁrms for speciﬁc projects and greatly reduce the amount of "me needed to complete capital improvement projects, technical studies, and eﬃciently provide for development review services.

The City of Eastvale is granted or awarded federal and state funds to design and construct transporta"on-related projects. The federal government delegated the California Department of Transporta"on (Caltrans) the authority to administer these funds to local agencies through the Local Assistance Program. In addi"on to locally funded projects, the goal of this proposed on-call list is to u"lize the on-call professional services for federally and/or state funded projects. The procurement process is to follow the procedures outlined in Caltrans Local Assistance Procedures Manual (LAPM).

The documents required for Caltrans Finance Review have been submiLed to Caltrans for review and approval. The approved consultants will be eligible to provide services for state and/or federally funded projects.

While execu"ng an on-call contract with the City does not guarantee that a consul"ng ﬁrm will receive work during the on-call period, it is the intent of the staﬀ to spread the work amongst the ﬁrms and award speciﬁc projects to ﬁrms that are most suited to comple"ng the speciﬁc type of project, while providing the City with the most flexible options to move forward with a project.

Environmental
Approval of the agreement is categorically exempt from California Environment Quality Act (CEQA) review under the CEQA Guidelines Sec"on 15303, which addresses the construc"on and loca"on of limited numbers of new, small facilities or structures.

Strategic Plan Action - Priority Level: N/A
| Target #: 1
| Goal #: 1
Strengthen organizational development and effectiveness Fiscal Impact
There is no ﬁscal impact at this "me, and there is no guarantee of project work or budget for on-call consultants. Budgets for project work will be approved through normal budget approval practices.

The master contracts do not guarantee work to any of the on-call consultants. The master contracts are good for one (1) three-year period. Work will be authorized as needed by the City subject to funding and budget availability. All individual tasks and project contracts will be nego"ated and executed in accordance with the Purchasing Ordinance approved by the City Council on June 26, 2019.

Prior City Council/Commission Action
On December 8, 2021, Council approved an on-call bench list for the following disciplines:

Private Land Development – Project Management 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
97 Private Land Development – Plan Check Services
Geotechnical Engineering, Inspection and Material Testing Land Surveying
Grant Writing and Management Services
Geographic Information System (GIS)
Landscape plan check and design services
Attachment(s)
Attachment 1 - Request For Qualifications (RFQ).pdf

Attachment 2 - Consultant Proposals.docx

Attachment 3 - Sample PSA for On-Call Services.pdf

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
98 REQUEST FOR QUALIFICATIONS

FOR PROFESSIONAL ENGINEERING SERVICES

FOR THE

ON-CALL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES

FOR VARIOUS PUBLIC WORKS PROJECTS

RFQ Release Date
October 25, 2021

Proposal Submittal Due Date : November 15, 2021; Time : 5PM Due Date for Receipt of Questions Regarding this RFQ: November 4, 2021

Submit Proposals to:

Website:

Submitting Department:

Electronic Submittals through PlanetBids Only
https://www.eastvaleca.gov/business/RFQ-
postings

City of Eastvale
Attn: Public Works Department
12363 Limonite Ave., #910
Eastvale, CA 91752
Project Manager: Yurhi Choi, Associate Engineer
Public Works, Engineering Division | [email protected] 99 REQUEST FOR QUALIFICATIONS

RFQ FOR ON-CALL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 2

Contents
Notice to Prospective Consultants .......................................................................................................................................... 3 A. INTRODUCTION/OVERVIEW ............................................................................................................................................... 3 Purpose/Objective/Background ......................................................................................................................................... 3 Inquiries .............................................................................................................................................................................. 5 Method of Source Selection................................................................................................................................................ 5 B. SCOPE OF WORK ................................................................................................................................................................. 5 C. INSURANCE ....................................................................................................................................................................... 12 Minimum Scope of Insurance ........................................................................................................................................... 12 Minimum Limits of Insurance ........................................................................................................................................... 13 Other Provisions ................................................................................................................................................................ 13 Other Requirements ......................................................................................................................................................... 14 D. PAYMENT .......................................................................................................................................................................... 14 E. RIGHT TO CANCEL OR REJECT ........................................................................................................................................... 14 F. INCORPORATION INTO CONTRACT ................................................................................................................................... 14 G. LICENSES, PERMITS, AND FEES ......................................................................................................................................... 14 H. INDEMNIFICATION ............................................................................................................................................................ 14 I. OBLIGATION TO PURCHASE ............................................................................................................................................... 15 J. DELIVERY OF SOQ .............................................................................................................................................................. 15 K. SELECTION PROCESS ......................................................................................................................................................... 15 L. SOQ EVALUATION .............................................................................................................................................................. 16 Evaluation and Scoring Criteria ......................................................................................................................................... 16 Debriefing .......................................................................................................................................................................... 17 Protests ............................................................................................................................................................................. 17 City Reserves the Right to ................................................................................................................................................. 17 M. RFQ RESPONSE REQUIREMENTS AND FORMAT .............................................................................................................. 18 I Title Page ......................................................................................................................................................................... 18 II Letter of Transmittal ...................................................................................................................................................... 18 III Company Background and Experience ......................................................................................................................... 18 IV Project Staffing and Organization ................................................................................................................................. 19 V Client References ........................................................................................................................................................... 19 N. SEALED COST PROPOSAL .................................................................................................................................................. 19 Attachment I: Sample Professional Services Agreement ...................................................................................................... 21

100

REQUEST FOR QUALIFICATIONS

RFQ FOR ON-CALL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 3

Notice to Prospective Consultants
Prospective Consultants shall carefully review this solicitation for defects and questionable or objec tionable matter. Comments concerning defects and questionabl e or objectionable matter must be made to the City’ s Project Manager at the e-email address on the cover page, and must be received by the City prior to the deadline for written questions also shown on the cover page.

Late proposals are not acceptable. Errors in the pr oposals may be corrected by the proposer during the negotiation process. However, prospective consultan ts are advised that they shall endeavor to submit responsive and error-free proposals on time because failure to do so may result in rejected of the proposal.

There will be no public opening of the proposals. Proposals will be treated as confidential until the contract is awarded or recommended for award.

A. INTRODUCTION/OVERVIEW
Purpose/Objective/Background
Eastvale is a young and dynamic community in Wester n Riverside County. We are the most northwest City in Riverside County and are surrounded by the Cities o f Chino and Ontario in San Bernardino County on the west and north and the Riverside County cities of Jurupa Valley, Norco and Corona on the east and south. Eastvale is a 13.1 square mile, General Law City incorporated on October 1, 2010. Our population of 73,700 people is young, ethnically diverse and growing. Eastvale is one of the fastest growing cities in the State. Eastvale is strategically poised between Interstate 15 and California State R outes 91, 60, and 71, making it highly accessible f or residents, visitors and businesses. Residents and visitors enjoy the small-town, neighborly charm of o ur young, vibrant community and still benefit from major metr opolitan amenities such as Eastvale’s proximity to the Ontario Airport.

The pace and performance of the City has been secon d to none. In 2020, the City launched a community engagement website: Engage Eastvale, began the start of the Eastvale 2040 General Plan Update, and continued to navigate through a pandemic, while also maintain ing the high level of service for our residents and businesses.

The City of Eastvale invests in community relations hips to increase collaboration and communication in a positive way and works closely with the Corona-Norc o Unified School District, the Jurupa Community Ser vices District, the Jurupa Area Recreation & Parks District, neighboring cities, and other community stakeholders. The City of Eastvale is served by the Riverside County Sheriff’s Office for law enforcement and CalFIRE/Ri verside County Fire for Fire/Medical Emergency Response. We are always striving to Exceed Eastvale’ s Expectat ions Every Day and desire to work with consultants that share this same goal and provide award winning serv ices, performance and results. We also realize that some days we WIN, some days we LEARN, yet we are always GIVING and TRYING our BEST and that is what we expect of consultants.

The City operates under a Council/Manager form of government and has a five-member City Council comprised of members elected by district. Each Council Membe r is elected for four years with staggered terms. The Council selects one of its members in December of each year to serve as Mayor and another to serve as Mayor Pro Tem. The City Council values and encourages public participation in the governing process and our residents are engaged and proud to represent their neighborhood, culture and community.

101

REQUEST FOR QUALIFICATIONS

RFQ FOR ON-CALL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 4

The Eastvale City Council holds its Regular Meetings on the 2nd and 4th Wednesdays of each month at 6:30 p.m.

The Planning Commission meetings are on the 3rd Wednesday of each month at 6:00 p.m. and the Public Safety Commission meet on the 4th Tuesday of each month at 6:00 p.m. We typically only have one Council meet ing in July, August, November and December and the dates of these meetings could be impacted based on holidays.

Meeting agenda materials are posted on the City’s website at www.eastvaleca.gov .

Mission Statement

We champion experiences that engage, excite, and el evate our commUNITY with our kindness, grit and solutions-driven team to achieve courageous, creati ve, and collaborative results! We are a Strengthens Based Leadership, Purpose & Values Driven, and People serving organization.

Eastvale State of
the City 2020
https://youtu.be/1SythytXr9k

City of Eastvale
Economic
Development:
https://www.youtube.com/watch?v=HWtVfM2X1Qw

We Are Eastvale: https://www.youtube.com/watch?v=IdWuohQ4WQI

The City of Eastvale (City) is seeking Statement of Qualifications (SOQ) from qualified consultants wh o have established knowledge and expertise in ANY aspects of the service requested in this RFQ. The purpose of on-call professional consulting services in specific discip line categories is to maximize expertise and mobili ze that expertise on short notice under pre-negotiated, com petitive procurement terms and conditions to addres s needs as they occur. The benefits of having an on-call contract in place include:
• Technical expertise
• Commitments as-needed for service
• Accelerated procurement and authorization
• Independent and objective assessments
• Consolidates competition and procurement process
• Consultants that bring specialized expertise
• Consultants that are familiar or can quickly become familiar with Eastvale needs and values If awarded, the contract will commence immediately after the contract is signed and filed by the City. 102

REQUEST FOR QUALIFICATIONS

RFQ FOR ON-CALL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 5

An award, if made, will be made to the best and res ponsible companies whose proposal is most advantage ous to the City, taking into consideration all factors set forth in this RFQ. The City reserves the right to use, at its discretion, other factors or criteria in the evaluation or selection of the proposals received.

Inquiries
All questions or requests for interpretation relate d to this RFQ shall be submitted online through Pla netBids.

Include the page number(s), and paragraph name/number(s) in question. The deadline for receipt of questions is 5PM Pacific time, November 4, 2021 . If clarification or interpretation of this solici tation is considered necessary by City, a written addendum shall be issued through PlanetBids. It is responsibility of each prospective Consultant to ensure that they have received and reviewed any and all addenda to this RFQ.

Prospective consultants are prohibited from communicating directly with any City employee except as specified in this RFQ, and no City employee or representative other than the City’s Project Manager is authorize d to provide any information or respond to any question or inquiry concerning this RFQ. Prospective consultants may contact the City’s Project Manager solely via e-mai l. Prospective consultants that fail to conform to this requirement may be disqualified from participation in this procurement.

Method of Source Selection
The City will use the Competitive Sealed Proposals Method as source selection for this procurement. Th e City, as it deems necessary, may conduct discussions with individual firms for information, lack of knowledg e, fact- finding or for clarification to assure understanding of, and responsiveness to solicitation requirements.

B. SCOPE OF WORK
The City of Eastvale is seeking a qualified consultant to provide various services. The Scope of Work is comprised of several disciplines. Proposing consultants must be able to provide services in ANY of the listed disciplines and are invited to respond to one or any combination of following disciplines that are within their area(s ) of expertise. A separate submittal package is required for each discipline category. Consultants must list similar services, requested in this RFQ, provided to other municipals within the last five (5) years. The City Projects may require coordination with various Federal, State, a nd/or local agencies. It is anticipated that state funding may be used for On-Call Engineering Services work, all contracts will be in accordance with the Caltrans Local Assistance Procedures Manual (LAPM) as well as all applicable City and Caltrans standard practices, regulations, policies, procedures, manuals and stan dards, as appropriate and may also include complian ce with Federal Highway Administration requirements.

Consultants should have no outstanding or pending c omplaints as determined through the Better Business Bureau, State of California Department of Consumer Affairs. Consultant should have excellent interpers onal communication skills and the ability to interact wi th various people during the course of a project, a s well as have the administrative and fiscal capability to provide and manage the proposed services. Consultant must also be well versed in identifying problems or issues that may warrant City Council’s attention, and yet represent the City in the most professional and knowledgeable man ner as an expert in the subject field and champion the purpose and direction of the City of Eastvale.

The City anticipates that this RFQ will result in multiple awards of annual contracts within each discipline. The maximum term of the Agreement will be three years. It is the intent of the City to select and contract with three or more qualified consultants for each discip line. Each on-call contract shall be performed on a task 103

REQUEST FOR QUALIFICATIONS

RFQ FOR ON-CALL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 6

order basis, as needed by the City. As such, the Ci ty will solicit competitive proposals from contract ed consultants for specific projects and services thro ughout the term of the annual contract(s). Contracted consultants shall be required to submit their competitive project proposals within the submittal deadline period required in each project solicitation. Such time re quirement will generally range from 48 hours to 10 working days, depending on the requirements of the City and the complexity of the project. Upon award of speci fic project work, the selected consultant shall begin the work no later than the date required in the notification of project award. Such time requirement will generally range from 48 hours to 5 working days, depending o n the requirement of the City and the complexity of the p roject. By submitting a SOQ to this RFQ, consultant agrees to abide by any proposal or work deadlines required by the City, and consultants agree that failure to meet such deadlines, or failure to respond to project solicit ations, may result in termination of consultant’s c ontract. The Selection of the firms and entering into a contract to provide on-call professional services does not guarantee any work to selected firms. The contracts will have not-to-exceed amounts to be approved by the City Council.

The recommended amounts of the maximum total dollar amount for all contract awarded for each discipline will be an aggregate of $450,000. The total fees pa id to the consultant will be dependent upon the professional services performed for the projects.

The consultant shall provide professional services described below. The design-related services shall include preparation of project specific plans and specifica tions, including calculations signed and stamped by a professional engineer registered in the State of California with specific experience in the design and construction of subject facilities. Under the supervision of sai d engineer, the consultant shall perform or cause t o be performed by others, all necessary services to prepare a complete set of biddable construction documents. The following list provides services typically needed by the City for each design-related Category. While it is believed that this scope includes all elements essential to complete the service, proposing firms are advised t o include any items that they believe may have been overlooke d . Proposing firms may also note any required items th at they believe may be excessive or unnecessary. Services required to complete this update shall include:

A. Traffic/Transportation Engineering services
Traffic Engineering services shall include but are not limited to:

1. Review Traffic Studies

2. Prepare Scoping Agreement based on TIA Guidelines

3. Coordinate and review implementation of VMT analysis Proposing consultant shall provide examples of VMT analysis reviewed.

B. Construction Management and Support
In order to successfully complete construction proj ects on time and within budget, the City seeks to retain a qualified construction management team. Co nsultant shall provide a professional engineer/construction manager with significant expe rience in administering projects similar in magnitude and scope to Public Works and utility projects expected to be constructed by the City.

The proposed construction management team will be w ell versed in all aspects of construction administration including, but not limited to projec t scheduling, project controls and project 104

REQUEST FOR QUALIFICATIONS

RFQ FOR ON-CALL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 7

management, and partnering and claims resolution in order to ensure project completion on time and within established budget. Consultant shall provide qualified construction managers with significant experience in construction inspection of work typical for water, water reclamation, sewer, and electrical facilities construction. Consultant shall provide e xperienced personnel, equipment and facilities to perform the following tasks.

1. Attend pre-construction meeting and provide assistance in responding to all questions in a timely manner.

2. Assist City’s Representative in conducting and coor dinating field meetings with contractors and act as the City’s liaison for coordination and communication with other agencies, engineers, and architects as needed.

3. Assist and participate on a regular basis in the pr oject progress meetings, take minutes and respond to all questions.

4. Coordinate with design engineers and project manage rs on design issues encountered during construction.

5. Provide public outreach services as required.

6. Review the project contract documents and perform a constructability review.

7. Provide project status and overall health of constr uction projects, to include cost, budget and schedule.

8. Review contractor's submittals in accordance with the requirements of project specifications and the City’s requirements prior to final approval.

9. Review and respond to RFIs in a timely manner.

10. Prepare, process, and monitor contract change orders with the City’s approval.

11. Review extra work invoices.

12. Identify and issue notice to contractor of safety concerns and violations.

13. Review and approve punch lists.

14. Participate and assist in conducting final inspection, testing and release of facilities.

15. Review and approve record drawings at project completion.

16. Assist in preparation of daily pay estimates in accordance with the inspection daily report.

17. Assist in preparation of contractors monthly pay estimates.

18. Report all unresolved issues and potential claims to the City’s Representative in writing on a daily basis.

19. Other construction management duties as necessary to support City projects in construction.

C. General Civil Project Planning and Engineering
Consultant shall provide experienced personnel, equipment, and facilities to perform the following tasks:
105

REQUEST FOR QUALIFICATIONS

RFQ FOR ON-CALL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 8

1. Develop concept design.

2. Prepare construction documents including plans, specifications, and estimates.

3. Assist with required federal documentation for desi gn associated with federally-funded construction projects.

4. Provide plan check and/or peer review per City of Eastvale standard details and specifications.

5. Prepare project drawings in CAD.

6. Provide a constructability review.

7. Provide construction services.

8. Anticipated project types include, but not limited:
a. Street Improvement projects
b. Bike and pedestrian facilities (bike lanes, pedestrian paths, multipurpose trails) c. Preliminary engineering in support of grant applications d. Traffic related projects including traffic signal d esign, signage and marking, MUTCD compliance
e. Street light design
f. Drainage Improvement projects: alternate drainage, reclaimed water pipeline, recycled water related planning and design, etc.
g. Intersection modifications
h. Sidewalk Improvement projects (ADA compliance)

D. Project Management – Capital Improvement Project
Project Management is the overall planning, coordin ation and control of a project from inception to completion in order to produce a functionally and f inancially viable project completed on time within authorized costs and to the required quality standards. The role of a project manager includes acquiring resources and coordinating the efforts of team memb ers and third-party contractors or consultants in order to deliver project according to established deadlines and within budget. The project manager will also define the project’s objectives and oversee qu ality control throughout the project life cycle. Th e project manager will act as an extension of the Cit y’s staff and be available to perform project management duties.

Consultant shall provide experienced personnel, equipment and facilities to perform the following tasks:

1. Successfully manage more than one project at a t ime. Must be able to shift focus between various projects and ensure all are progressing satisfactorily.

2. Define project scope, goals and deliverables tha t support the City’s goals in collaboration with senior management and stakeholders.

3. Determine and assess need for staff and/or consu ltants and secure appropriate proposals and 106

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contracts.

4. Effectively communicate project expectations to team members and stakeholders.

5. Use project management checklists to identify pr oject requirements and track completion of milestones.

6. Prepare and update project schedules from design through construction.

7. Track and monitor project milestones and deliver ables.

8. Management project budget and minimize exposure to excessive risk in a project.

9. Identify permitting and environmental requiremen ts.

10. Identify the elements of project design and con struction likely to give rise to disputes, then proactively resolve and create contingency plans.

11. Conduct progress meetings.

12. Coordinate with other agencies and utilities.

13. Participate in the preparation of cost estimates and construction specifications.

14. Assure quality control.

15. Devise the project work plans and revisions as required.

16. Design submittal review.

17. Constructability review.

18. Participate in bidding phase.

19. Periodically inspect the project site and assis t and provide technical guidance to inspectors in studying field problems and incorporation design revisions as necessary.

20. Maintain and control project documents.

21. Review design and construction contract amendments and change orders.

22. Prepare and present project reports on a regular basis.

23. Draft Staff reports for City Council.

24. Coach, mentor, and direct team members and contractors by influencing them to take positive action and accountability for their assigned work.

25. Build, develop, and grow business relationships vital to the success of the project.

26. Provide proper documentation to close projects in a timely manner.

27. Other project management duties as necessary to support City projects.

E. Construction Inspection Services
Consultant shall provide experienced personnel meeting the following minimum requirements. 1 . Have (5) five years of Public Works and underground utilities construction inspection experience, specifically paving, trenching, grading, reinforced concrete, concrete flatwork, storm drain, sewer, 107

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sewage lift station and sewer mechanical, reclaimed water pipelines and pump stations, water reclamation facilities, potable water pipelines and pump stations, landscape construction and inspection, potable water treatment facilities, and all systems associated with public utility services. 2 . Consultant must provide an inspection specialist wi th experience in the required field and identify a minimum of three (3) projects within the last five (5) years for which they have provided inspection services. Specialists include those inspectors that are certified or otherwise qualified to verify wel ded joints, material testing, coatings and other specialty work. 3 . Have sufficient staff and/or sub-consultants availa ble with experience in the disciplines required for this service.
4 . Provide reference(s) of agencies you have contracted with, providing the same or similar services. 5 . A willingness and availability to work weekends and odd shifts. Inspectors may be required to provide continuous inspection during critical periods of construction. 6 . Good written and verbal communication skills. Sampl es of inspection daily reports prepared by listed candidates are expected to be included in the propo sal. Inspectors will be required to prepare daily inspection reports, weekly statement of working day s, and monthly progress payments; direct the contractor to complete extra work performed under t ime and materials including the documentation of labor, equipment, and material; review contracto r’s proposals for extra work and provide recommendations to the City.
7 . Ability to read, understand and interpret construction plans, specifications, and contracts. 8 . Knowledge of the following: APWA standards, AWWA St andards, Underground Construction Standards, California MUTCD, City of Corona Public Works and Department of Water and Power Standards, Standard Specifications for Public Works Construction (Greenbook), Construction Specifications Institute (CSI), and current buildin g codes applicable to the type of work being performed.
9 . Knowledgeable in Microsoft Excel, Word, and Outlook. 1 0 . A valid California driver’s license and the ability to maintain insurability. 1 1 . High School diploma or G.E.D. equivalent and three years of journey-level experience in the construction, maintenance and repair of public work s and utilities projects, or an equivalent combination of training and experience.
1 2 . Survey, roadway construction, pipeline construction , reinforced concrete and masonry block construction, mechanical equipping, electrical equi pping, landscaping, and material and geotechnical testing experience is desirable.
1 3 . An Associate’s degree in engineering or code related field is desirable.

Consultant shall provide and include in the Fee/Rate structure routine items necessary for the inspector to perform the essential duties required of the pos ition. These include vehicle, cell phone, camera, personal protective equipment, and method of documenting observations (hard copy or electronically).

Inspectors must be provided with standard training courses sufficient to perform the essential duties of the position. The City can provide such training at no cost to the consultant, but does not pay the inspector to attend such training. Consultant shall provide experienced personnel, equipment and 108

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facilities to perform the following tasks.

1. Inspect a variety of public works and public utilit ies construction and maintenance projects, such as sidewalks, concrete structures, driveways, water ma in and service installations; reclaimed water facilities and mainlines; sewer main and lateral in stallations; utility projects including mechanical, electrical, and structural work; curbs and gutters, retaining walls, earthwork, street excavation and patchwork; drainage facilities, storm drains; lands cape irrigation; underground conduit installations; and street marking, and traffic sign installation t o ensure construction and materials comply with contract standards and specifications, state laws, local ordinances, NPDES requirements and proper construction practices.

2. Inspect concrete street improvements, including drive approaches, wheel chair ramps, block walls, and other elements; inspect asphalt concrete street pav ing and slurry seal coating; ensure correct street sections by checking grades and elevations.

3. Observe earthwork grading, trench compaction, slope construction, earthen berms and surface drainage.

4. Review soils compaction reports.

5. Inspect all aspects of traffic control set-up and maintenance for conformance with codes, specifications and safety practices.

6. Interpret construction plans and specifications; pr epare and make recommendations on change orders; confer with City engineering staff on design problems encountered in the field.

7. Perform final inspection of construction projects f or field acceptance; prepare list of required corrections prior to final acceptance.

8. Maintain necessary records of daily operations, inc luding daily project reports, time, material, and equipment reports.

9. Review and confirm as-built drawings for public works facilities and utility projects.

10. Coordinate activities and schedules with other entities involved in the construction project.

11. Keep records pertaining to work assignments, employee information, and inspection work.

12. Respond to queries by property owners, contractors, and staff regarding the construction project.

13. Inspect construction activities to confirm compliance with City standards and regulations.

14. Prepare monthly pay estimates.

15. Record amounts of materials that are received or used during construction.

16. Address and resolve complaints as they arise. Notif y the City’s project manager of issues and request assistance when necessary.

17. Perform observations, inspections and tests of cons truction projects and document findings in accordance with good engineering practices and applicable codes.

18. Observe third party sampling and testing for conformance with contract specifications.

19. Provide weekly status reports on issues/risks factors, schedule slippages, cost overruns as it relates to construction projects.
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20. Provide feedback to requests for information as it relates to projects inspected.

21. Provide regular full-time onsite inspection to construction projects and assess project status.

22. Serve as principal liaison for construction-related activities and coordinate formal interface actions between stakeholders and service providers.

23. Serve as the central point of contact for communica tions, coordination, support, and advice to the Project Manager.

24. Recognize, evaluate and properly resolve and/or mak e recommendations to unique problems or situations.

25. Maintain effective customer service relationship with City staff and the public.

26. Facilitate contract negotiations.

27. Properly and safely oversee the operation of light- , medium- and heavy-duty motorized vehicles and equipment.

28. Ensure appropriate communications take place with all involved personnel resulting in efficient use of manpower and finances to meet project milestones and City’s expectations.

29. Other construction inspection duties as necessary to support City projects in construction.

30. Minimum day is considered to be a 4-hour day. Cancellation of services will be made 12 hours prior to scheduled start and at no cost to the City.

Notify the City immediately in the event of any safety issue or job-site accident.

C. INSURANCE
Prior to commencing work on the Contract, Consultan t agrees to obtain and maintain in full force and e ffect during the term of this Agreement the insurance pol icies set forth in Attachment I, Exhibit “C” “Insurance”. All insurance policies shall be subject to approval by City as to form and content. These requirements ar e subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

Minimum Scope of Insurance
Coverage shall be at least as broad as:
1) Commercial General Liability. Insurance Services O ffice form Commercial General Liability coverage (Occurrence Form CG 0001).
2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025 , or equivalent forms subject to the written approval of the City.
3) Workers’ Compensation. Workers' Compensation insur ance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Consultant and all risks to such persons under this Agreement.
4) Professional Liability. Professional liability ins urance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis an d must include coverage for contractual liability.

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must be maintained for at least three (3) consecuti ve years following the completion of Consultant’s services or the termination of this Agreement. Dur ing this additional three (3) year period, Consulta nt shall annually and upon request of the City submit written evidence of this continuous coverage.

Minimum Limits of Insurance
Consultant shall maintain limits of liability of not less than:
1) Commercial General Liability. $1,000,000 general a ggregate for bodily injury, personal injury and property damage.
2) Automobile. $1,000,000 per accident for bodily inj ury and property damage. A combined single limit policy with aggregate limits in an amount of not le ss than $2,000,000 shall be considered equivalent t o the said required minimum limits set forth above.
3) Workers' Compensation. Workers' Compensation as re quired by the Labor Code of the State of California of not less than $1,000,000 per occurrence.
4) Professional Liability. $1,000,000 per occurrence.

Other Provisions
Insurance policies required by this Agreement shall contain the following provisions:
1) All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the in surer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
2) Commercial General Liability and Automobile Liability Coverages. a. City, and its respective elected and appointed offi cers, officials, and employees and volunteers are to be covered as additional insureds as respect s: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope o f protection afforded to City, and their respective elected and appointed officers, officials, or employees. b. Consultant’s insurance coverage shall be primary in surance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respe ctive elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant’s insurance.
c. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. d. Any failure to comply with the reporting or other p rovisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers. 3) Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against Ci ty, and its respective elected and appointed office rs, officials, employees and agents for losses arising from work performed by Consultant. 111

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Other Requirements
Consultant agrees to deposit with City, at or befor e the effective date of the signed Agreement, certi ficates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsem ents are to be signed by a person authorized by tha t insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1) Consultant shall furnish certificates and endorseme nts from each subconsultant identical to those Consultant provides.
2) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as resp ects City or its respective elected or appointed officers, officials, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

D. PAYMENT
Depending on whether the City leases or outright pu rchases the system, payment will naturally vary. Th e City normal period of net thirty (30) days payment after receipt of invoice will be the norm following comp letion of work and satisfactory inspection and approval by the City.

E. RIGHT TO CANCEL OR REJECT
The City reserves the right to reject any and all b ids, in whole or in part, and to waive minor irregu larities and informalities therein, and further reserves the right to award the contract in the best interest of the City.

F. INCORPORATION INTO CONTRACT
The City reserves the right to incorporate this RFQ and the proposer’s response (or portions of either ) into subsequent contract by reference or otherwise.

G. LICENSES, PERMITS, AND FEES
The firm is responsible for furnishing all proper licenses, fees, and permits required by law to do business in the City and State of California in completion of the requirements stated herein. All work shall be done in accordance with the latest building codes, fire codes, electrical codes and all state and federal laws relative to this project.

H. INDEMNIFICATION
The firm shall guarantee and certify by submitting a response to this solicitation that if successful, they shall indemnify and defend the City against any and all claims or legal actions arising as a result of their performance of the contract, whether or not such claims relate to damages or alleged damages sustained by physical injury to firms personnel, subconsultants, uti lity employees or other persons, or against any law suits arising from alleged or actual patent infringements, and sh all hold the City, its various departments, employe es, and any and all persons or entities acting on its behalf harmless from the same. 112

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I. OBLIGATION TO PURCHASE
The City is not obligated to purchase products in t he amounts listed herein. The actual quantities pur chased may be greater or less than the data provided.

J. DELIVERY OF SOQ
All SOQ’s must be received before the time and date listed on the RFQ cover sheet. The City will not accept any SOQ’s received after listed time and date.

SOQs must be submitted to through PlanetBids at the City’s website listed on the cover, no later than the date and time stated on this RFQ cover sheet. SOQ’s shall be reviewed and rated on the basis of the selection criteria indicated in the “SOQ Evaluation” section of this R FQ. The City will then determine which SOQ best me ets the City’s requirements.

K. SELECTION PROCESS

1. The City will evaluate all SOQ’s deemed responsive to this request by an evaluation panel for each discipline identified in the Section B. Scope of Work of this RFQ. Each evaluation panel will have a minimum of three (3) members, comprised mostly of City staff but may include outside personnel.

2. The evaluation committees will review and score the SOQ’s submitted by the consultants based on the scoring criteria and weights identified in Section L. SOQ Evaluation of this RFQ and establish a short-list of qualified consultants.

3. The City may contact previous clients identified in the SOQ at any time to verify the experience and performance of the consultants.

4. The qualified consultants on the short-list will be notified. Qualified consultants may provide an oral presentation (if needed) and will be required to interview. The City will provide the time and location of the presentation and interview.

5. Upon completing the interview process, a Consultant Ranking List of the qualified consultant will be established. The highest-scoring consultant will be contacted to submit a sealed cost proposal in accordance with the Section N. Sealed Cost Proposal of this RFQ.

6. The evaluation panel and highest-scoring consultant will then begin contract negotiations. Once the negotiations are successful, the firm’s negotiated cost proposal will become an integral part of the contract and will be a public document.

7. Should contract negotiations fail, negotiations will be formally terminated and the next highest ranked firm from the Consultant Ranking list will be contacted until all the anticipated On-Call Contracts have ben awarded.

8. The contract will be submitted to Caltrans’ Independent Office of Audits and Investigations (A&I) for review and approval prior to execution of the contract by the City. Submittal to Caltrans will include LAPM Exhibit 10-A and all other required exhibits and attachments as identified on Exhibit 10-A.

9. Should additional On-Call Engineering Services Agreements be needed at a later date, the next highest ranked consultant from the Consultant Ranking List may be contacted. 113

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L. SOQ EVALUATION
Evaluation and Scoring Criteria
Responses to this RFQ will be evaluated and scored according to the criteria categories listed below.

SCORE RANGE SCORING DESCRIPTION
90 - 100 Meets and significantly exceeds most or al l City requirements 80 - 89 Meets and exceeds several City requirements
70 - 79 Meets minimum City Requirements
69 and below Fail

SOQ’s : SOQ’s will be scored according to the criteria in the chart below.

CRITERIA WEIGHT
Experience of the prospective consulting team and its key personnel in the development of quality project reports, plans, specifications and estimate s for public works type projects in the past five (5) years.
30 Demonstrate record that the consultant has delivere d high quality services and contract documents to its clients, and has in place and effective Quality Assurance/Quality Control Plan. 25 Demonstrate ability and competence of the consultan t to provide design engineering services within strict cost budgets and to meet the client’s requirements and goals. 25 Familiarity with required Federal, State, and local standards and procedures. 10 Capacity and quality of Staff to provide resources necessary to develop and manage multiple work assignments.
10 TOTAL 100
Oral Presentations : At the option of the City, the evaluation team ma y request oral presentations by any number of the finalists for the purpose of clarification or amplification of the materials presented in any part of the proposals. The evaluation team may also request best and final offers from one or more prospective firms.

However, prospective firms are cautioned that the evaluation team are not required to invite oral presentations, request clarification, or conduct negotiations and may award a contract based on the original proposal .

Therefore, all initial proposals shall be complete and reflect the firm’s most favorable terms.

Should the City decide to request oral presentation, it may elect to invite any number if the firms that submitted top-scoring proposals. No proposer will be given an opportunity to make an oral presentation if any prospective firm receiving a higher score is not invited to make an oral presentation. Oral presentations will be scored on a 70 to 100 scale exactly as described above for subjective criteria.

When the City elects to receive oral presentations, the score for the presentation and the weighted pr oposal score will be weighed as follows:
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FEATURE WEIGHT
Oral Presentation 30
Total Proposal Weighted Score 70
COMBINED WEIGHT TOTAL 100
The grand total score will be calculated as follows:
(Oral Presentation Score X 0.30) + (Total Proposal Weighted Score x 0.70) = Grant Total Score When the City elects to receive oral presentations, the firm with the highest Grand Total Score shall be awarded the contract.

Debriefing
Any Firm that submitted a proposal and feels that t heir proposal was not given adequate consideration or not given a fair evaluation may request a debriefing fr om the City’s proposal evaluation team. The reques t for debriefing shall be submitted in writing to the Com munity Development Director within two (2) working days after it was notified of the City’s intention to award the contract.

Protests
Firms that received a debriefing but continue to fe el that their proposal was not given adequate consi deration or a fair evaluation, may wish to protest the procedures for selection or the actual selection of a particular firm.

Firms wishing to file a protest shall abide by the following procedures. Failure to follow these proc edures may result in a summary rejection of the protest:

1. Any actual or prospective firm that is aggrieved in connection with solicitation or award of a contrac t may protest to the Community Development Director. The protest shall be submitted in writing to the Community Development Director within seven (7) wor king days after such aggrieved person or company knows or should have known the facts giving rise thereto.

2. Upon receipt of such a protest, the Community Development Director shall issue a written determination within ten (10) working days following receipt of the protest. That determination shall:
a. State the reason for action taken;
b. Inform the aggrieved firm that a request for further administrative appeal of an adverse decision must be submitted in writing to the City Manager wi thin seven (7) days after receipt of determination by the Project Manager.

City Reserves the Right to
• Reject any or all submittals
• Request clarification of any submitted information
• Waive any informalities or irregularities in any proposal • Not enter any contract
• Not select any firm
• Cancel this process at any time
• Amend this process at any time
• Interview firms prior to award
• Enter into negotiations with one or more firms, or request a best and final offer • Award more than one contract if it is in the best interest of the City 115

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• Issue similar solicitations in the future
• Request additional information form prospective firms M. RFQ RESPONSE REQUIREMENTS AND FORMAT
Please use the following format to structure your RFQ response. Submittals must be in 8.5x11 format and should be no longer than 40 pages (excluding cover page, a ppendix). Note that 1 page includes the front side of an

8.5x11 sheet of paper. Your response shall include each section detailed below in the order presented. Failure to address all items will impact the evaluation and may classify the response as non-responsive and preclude it from further consideration.

I Title Page
II Letter of Transmittal
III Company Background and Experience
IV Project Staffing and Organization
V Client References
I Title Page
The title page shall include, at minimum, the following:
• Name of Project – On-Call Engineering and Professional Consulting Services • Submitted by - Company’s Name
• Date of Submittal
• Executive Summary in brief and concise terms that s ummarizes the contents of the proposal response.

Clearly and specifically detail all exceptions to the exact requirement imposed by this RFQ.

II Letter of Transmittal
The transmittal letter will:
• Indicate the intention of the firm to adhere to the provisions described in the RFQ without modification. • Identify the submitting organization.
• Identify the person, by name and title, authorized to contractually obligate the organization. • Identify the contact person responsible for this response, specifying name, title, mailing address, phone, fax, and email address.
• Acknowledge the SOQ is considered firm for one hund red and eighty (180) days after the due date for receipt of proposals or receipt of the last best and final offer submitted. • Provide the original signature of the person authorized to contractually obligate the organization.

III Company Background and Experience
This section of the SOQ shall establish the ability of the firm to satisfactorily perform the required work by reasons of experience in performing work of a simil ar nature, demonstrated competence in the services to be performed, strength and stability of the firm, staf fing capability, and record of meeting expectations on similar projects. The City, at its option, may require a fi rm to provide additional support and/or clarify req uested information.

The firm shall also provide:

1. A brief profile of the firm
a. A brief description of the organization structure and primary products and services provided b. Other major products or services offered
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c. Company’s dedication and commitment to serve public sector clients

2. A general description of the company’s financial condition a. Provide information regarding any pending litigatio n, contract defaults, planned office closures, impending mergers, bankruptcies, or other condition s related to the financial health of the company

3. Company’s experience in performing work of a similar nature to that solicited in this RFQ a. Supply at least five (5) yet no more than ten (10) specific examples of previous work that was completed within the last five (5) years. Provide a brief description of each effort, including the dates during which the work was performed and the firm’s role in the work (engineering, design, construction management, surveying, construction in spection, materials testing, prime consultant, subconsultant, etc.).
b. Highlight participation in such work by the key personnel proposed for assignment to this project IV Project Staffing and Organization
This section shall identify the qualifications of t he key personnel who will be assigned to the projec t. An organization chart for the project shall be provide d. The chart shall indicate how the firm intends to structure the project effort, and identify the Project Direct or/Engagement Manager, Project Manager, Technical T eam Members, Trainers and all other key personnel including subconsultants. The designated Project Manager shall be the primary contact with the city during the con tract period and shall function in that capacity wh ile employed by the firm.

Provide resumes and certifications of key personnel who will be assigned to this project. Provide a de scription of the personnel’s relevant experience and their assigned function to the project.

The specific staff identified in the original Propo sal may not be changed prior to commencement of wor k or during the course of the project without the specif ic approval of the City and two weeks’ notice. Repl acement candidates must have the same or higher level of si milar experience as the original project team membe r they replace. Resumes of replacements shall be submitted with all applicable information.

V Client References
Firms shall provide at least three (3) public agenc y references going back not more than five (5) year s from the issuance of this RFQ in which the proposer was engaged to perform tasks similar to those requested under this RFQ. References should place an emphasis on past pr ojects in which the personnel to be used by propose r for this project were deployed. The references should include the name, title and contact information of the public agency officer or employee responsible for overseeing the proposer’s work.

N. SEALED COST PROPOSAL
After the presentation and interviews have taken place, a Consultant Ranking List will be established. The highest ranked consultants will be notified of their standings and will be required to submit a sealed cost proposal within two weeks of notification.

It is anticipated that services under this contract may use Local and/or State funds therefore any forms or exhibits required for use of State Funds per the Caltrans Local Assistance Procedures Manual (LAPM) must be provided in the Sealed Cost Proposal.

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and other multipliers as specified in Caltrans LAPM Exhibit 10-H2.

A cost proposal must be provided for every consultant, subconsultant, and second tier subconsultant who will be performing work under the Agreement for On-Call Professional Services.

When prevailing wages apply to the services described in the scope of work, Rate of Compensation shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the application Prevailing Wage Determination. See
http://www.dir.ca.gov .

Additionally Sealed Cost Proposal shall also include Caltrans LAPM Exhibit 10-K “Consultant Annual Certification of Indirect Costs and Financial Management System.

It is the responsibility of the consultants to use the latest version of the exhibits when submitting SOQ and Sealed Cost Proposals. The LAPM exhibits are not attached to this RFQ and should be downloaded from Caltrans LAPM website at:

https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms

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Attachment I: Sample Professional Services Agreement

AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
[CATEGORY(IES) OF SERVICES]

This Agreement for On-Call Professional Services (“ Agreement”) is entered into as of this ____ day of _________, 2021 by and between the City of Eastvale , a municipal corporation (“City”) and ____________________, a ___________________ (“Contr actor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by [describe process used, i.e. request for qualificat ions, request for quotations, request for proposals, direct negotiation, informal quotes] the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Consultant, following submission of a [proposal, quote, bid, etc.] for the performance of the services defined and described particularly in Sect ion 2 of this Agreement, was selected by the City t o perform those services.

C. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual prom ises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for [___ years/months/days] commencing on the date first ascribed above.

SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.

Scope of Services. Contractor agrees to perform [i nsert category(ies) of services] services (hereinaf ter, the “Services”) as requested and authorized by the City. [The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein.] When the City desires to utilize Contractor for Services, the City will issue a Task Order that includes a Scope of Se rvices to be performed and the compensation to be p aid for the Services within the Task Order. Each Task Orde r shall be attached to this Agreement as part of Ex hibit “A” (e.g., the first Task Order will be Exhibit “A-1”, the second Exhibit “A-2,” etc.). Each Task Order i s made a part of this Agreement by this reference.

Schedule of Performance. The Services authorized b y each Task Order shall be completed pursuant to the schedule stated in the Task Order. Should the Services not be completed pursuant to that schedule , the 119

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Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue perfo rming the Services.

ADDITIONAL SERVICES.

Consultant shall not be compensated for any work re ndered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are autho rized in advance and in writing in accordance with Section 2 6 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

COMPENSATION AND METHOD OF PAYMENT.

The City has or will entered into a maximum of ____ _______ non-exclusive contracts for performance of the Scope of Services identified in Exhibit A, i ncluding this Agreement (“On-Call Contracts”). The total aggregate amount payable by the City pursuant to th e Task Order Contracts shall not exceed a cumulativ e maximum total value of ____________________________ __ dollars ($_____________), (“NTE Sum”). Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in each Task Order for the Services identified in the Task Order . The City Manager shall have the authority to app rove Task Orders for Services that do not exceed the City Man ager’s then-current signing authority for purchases of professional services as set forth in Section 4.06. 050, as that section may be amended from time to ti me. All other Task Orders shall be approved by the City Cou ncil prior to the commencement of the Services. It is understood and agreed that there is no guarantee, e ither expressed or implied that this dollar amount will be authorized under the On-Call Contracts through Task Orders. Each time a Task Order is awarded under an y of the On-Call Contracts, the City will send written n otification to Contractor and each of the other con sultants entering into the On-Call Contracts. The notice wil l identify the total funds allocated under issued T ask Orders, and the remaining unencumbered amount of the NTE Su m. Contractor acknowledges and agrees that the City will not pay any amount under this Agreement that w ould exceed the NTE Sum, and Contractor shall not e nter into a Task Order that exceeds the NTE Sum.

Each month Contractor shall furnish to City an orig inal invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and the applicable Task Ord er include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), t he labor category in each invoice shall include de tailed descriptions of task performed and the amount of ti me incurred for or allocated to that task. City sh all independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provis ions of this Agreement. In the event that no charg es or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c).

In the event any charges or expenses are disputed b y City, the original invoice shall be returned by C ity to Contractor for correction and resubmission.

Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice.
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Payment to Consultant for work performed pursuant t o this Agreement shall not be deemed to waive any defects in work performed by Consultant.

INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Consul tant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a tim ely written explanation, otherwise Consultant’s wor k shall be deemed to have been accepted. City’s acceptance sh all be conclusive as to such work except with respe ct to latent defects, fraud and such gross mistakes as am ount to fraud. Acceptance of any of Consultant’s w ork by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photo graphs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the cours e of providing the Services pursuant to this Agreement s hall become the sole property of City and may be us ed, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, d esigns, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any pur pose not related to this Agreement any maps, models , designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to th is Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, d esigns, drawings, photographs, studies, surveys, re ports, data, notes, computer files, files or other documents.

All final work product developed by Consultant in t he course of providing the Services pursuant to thi s Agreement shall become the sole property of City an d may be used, reused or otherwise disposed of by C ity without the permission of the Consultant. Upon com pletion, expiration or termination of this Agreemen t, Consultant shall turn over to City all such final w ork product if paid for by the City. This provisio n specifically excludes Consultants’ work notes and drafts, which are owned by Consultant, not City.

CONSULTANT'S BOOKS AND RECORDS.

Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evid encing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agre ement. Any and all such documents or records shall be maintained in accordance with generally accepted ac counting principles and shall be sufficiently compl ete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to thi s Agreement. Any and all such documents or records s hall be maintained for three (3) years from the dat e of execution of this Agreement and to the extent requi red by laws relating to audits of public agencies a nd their expenditures. In accordance with California Govern ment Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00) , this Agreement and the Consultant's books and rec ords 121

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related to this Agreement shall be subject to the e xamination and audit of the State Auditor, at the r equest of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Any and all records or documents required to be mai ntained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request b y City or its designated representative. Copies of such docu ments or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutua lly agreed upon, such documents and records shall be made avai lable at Consultant’s address indicated for receipt of notices in this Agreement.

Where City has reason to believe that any of the do cuments or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorize d representatives.

INDEPENDENT CONTRACTOR.

Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against Ci ty, whether by contract or otherwise, unless such a uthority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.

The personnel performing the Services under this Ag reement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and contr ol. Neither City, nor any elected or appointed boa rds, officers, officials, employees or agents of City, s hall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall n ot at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.

Neither Consultant , nor any of Consultant’s office rs, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consult ant expressly waives any claim Consultant may have to any such rights.

STANDARD OF PERFORMANCE.

Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this A greement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations u nder this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar t o the Services required of Consultant under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards o f performance and performance criteria may be set f orth in Exhibit “A” “Scope of Work” that shall also be appl icable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
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COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizat ions necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appoin ted boards, officers, officials, employees or agent s of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

PREVAILING WAGE LAWS
It is the understanding of City and Consultant that California prevailing wage laws do not apply to th is Agreement because the Agreement does not involve an y of the following services subject to prevailing w age rates pursuant to the California Labor Code or regu lations promulgated thereunder: Construction, alter ation, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of pu blic funds. In this context, “construction" includ es work performed during the design and preconstruction pha ses of construction including, but not limited to, inspection and land surveying work.

NONDISCRIMINATION.

Consultant shall not discriminate, in any way, agai nst any person on the basis of race, color, religio us creed, national origin, ancestry, sex, age, physica l handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

UNAUTHORIZED ALIENS.

Consultant hereby promises and agrees to comply wit h all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., a s amended, and in connection therewith, shall not e mploy unauthorized aliens as defined therein. Should Con sultant so employ such unauthorized aliens for the performance of the Services, and should the any lia bility or sanctions be imposed against City for suc h use of unauthorized aliens, Consultant hereby agrees to an d shall reimburse City for the cost of all such lia bilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

CONFLICTS OF INTEREST.

Consultant covenants that neither it, nor any offic er or principal of its firm, has or shall acquire a ny interest, directly or indirectly, which would confl ict in any manner with the interests of City or whi ch would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subconsultant without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conf licts of interest with the interests of City in the performance of this Agreement.

City understands and acknowledges that Consultant i s, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated posit ion of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. 123

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City understands and acknowledges that Consultant w ill perform non-related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.

All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consul tant.

Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

Consultant, its officers, employees, agents or subc onsultants, shall not, without prior written authorization from the City Manager or unless reque sted by the City Attorney of City, voluntarily prov ide declarations, letters of support, testimony at depo sitions, response to interrogatories or other infor mation concerning the work performed under this Agreement. Response to a subpoena or court order shall not b e considered "voluntary" provided Consultant gives City notice of such court order or subpoena.

If Consultant, or any officer, employee, agent or s ubconsultant of Consultant, provides any informatio n or work product in violation of this Agreement, the n City shall have the right to reimbursement and in demnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant’s conduct.

Consultant shall promptly notify City should Consul tant, its officers, employees, agents or subconsultants, be served with any summons, complai nt, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work per formed thereunder. City retains the right, but has no obligation, to represent Consultant or be present a t any deposition, hearing or similar proceeding. C onsultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or me an the right by City to control, direct, or rewrite said r esponse. Consultant shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confi dence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

INDEMNIFICATION.
(a) Indemnification for Professional Liability. Wh ere the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its offic ials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings , administrative proceedings, regulatory proceedings, losses, expens es or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, co urt costs, interest, defense costs, and expert witn ess fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Consultant, or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or s ubconsultants of Consultant, in the performance of professional services under this Agreement.
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(b) Indemnification for Other than Professional Lia bility. Other than in the performance of professional services and to the full extent permit ted by law, Consultant shall indemnify, protect, de fend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration p roceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert wi tness fees), where the same arise out of, are a con sequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consu ltant, or by any individual or entity for which Consultant is legally liable, including but not limited to offic ers, agents, employees or subconsultants of Consultant.
(c) Indemnification from Subconsultants. Consultan t agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Ag reement naming the Indemnified Parties as additional indemn itees. In the event Consultant fails to obtain suc h indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no addit ional obligations on City and will in no way act as a wai ver of any rights hereunder. This obligation to in demnify and defend City as set forth herein is binding on the s uccessors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.
(d) City’s Negligence. The provisions of this sect ion do not apply to claims occurring as a result of City’s sole negligence. The provisions of this sect ion shall not release City from liability arising f rom gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

INSURANCE.

Consultant agrees to obtain and maintain in full fo rce and effect during the term of this Agreement th e insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendm ent or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

ASSIGNMENT.

The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In r ecognition of that interest, Consultant shall not a ssign or transfer this Agreement or any portion of this Agre ement or the performance of any of Consultant’s dut ies or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termina tion of this Agreement pursuant to Section 20 “Term ination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants.

CONTINUITY OF PERSONNEL.

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staff and subconsultants, if any, assigned to perform the Services. Consultant shall notify City of any changes in Consultant’s staff and subconsultants, if any, assi gned to perform the Services prior to and during an y such performance.

TERMINATION OF AGREEMENT.

City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immedi ately all work in progress.

Consultant may terminate this Agreement for cause a t any time upon thirty (30) days written notice of termination to City.

If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City m ay terminate this Agreement immediately upon writte n notice.

Upon termination of this Agreement by either Consul tant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final i nvoice shall be reviewed and paid in the same manne r as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

DEFAULT.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consult ant for any work performed after the date of defaul t.

Instead, the City may give notice to Consultant of the default and the reasons for the default. The n otice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirt y (30) days, but may be extended, though not reduced, if c ircumstances warrant. During the period of time th at Consultant is in default, the City shall hold all i nvoices and shall, when the default is cured, proce ed with payment on the invoices. In the alternative, the C ity may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

EXCUSABLE DELAYS.

Consultant shall not be liable for damages, includi ng liquidated damages, if any, caused by delay in performance or failure to perform due to causes bey ond the control of Consultant. Such causes include , but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, 126

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court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as publ ic records, and which are necessary for carrying out t he Services shall be furnished to Consultant in eve ry reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or cert ified mail, postage prepaid and return receipt requ ested, addressed as follows:

To City: City of Eastvale
Attn: Bryan Jones, City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Consultant: __________________________
__________________________
__________________________
__________________________

Notice shall be deemed effective on the date person ally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

AUTHORITY TO EXECUTE.

Each of the signatories hereto represents and warra nts that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and r easonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.

ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed b y the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Eastvale Municipal Code.

BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
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AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the Eastv ale Municipal Code. The Parties agree that the require ment for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The Ci ty Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under th is Agreement. All other amendments shall be approv ed by the City Council.

WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, o r covenant. Waiver by any Party of any breach of t he provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exc lusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is requ ired to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all o ther agreements or understandings, whether oral or writt en, or entered into between Consultant and City pri or to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SEVERABILITY.

If any term, condition or covenant of this Agreemen t is declared or determined by any court of competent jurisdiction to be invalid, void or unenf orceable, the remaining provisions of this Agreemen t shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
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CONFLICTING TERMS.

Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhib it hereto, or with the terms of any document incorpora ted by reference into this Agreement, the terms of this Agreement shall control.

IN WITNESS WHEREOF , the Parties hereto have executed this Agreement o n the date and year first- above written.

CITY OF EASTVALE
___________________________
Bryan Jones
City Manager
ATTEST:

___________________________
Marc A. Donohue
City Clerk/Communications Director

APPROVED AS TO FORM

_______________________________
Erica L. Vega
City Attorney
By: _________________________________ By:__________ ______________________ _________________________________ ________________ ______________ Its: ______________________________ Its: ________ ___________________ NOTE: CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZ ED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF

On ______________, before me, ________________, per sonally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose nam es(s) is/are subscribed to the within instrument an d acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/thei r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrum ent.

I certify under PENALTY OF PERJURY under the laws o f the State of California that the foregoing paragr aph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it ma y prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOC UMENT 130

REQUEST FOR PROPOSALS
RFQ# FIN10302020 Financial Planning Services

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 33

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF

On ______________, before me, ________________, per sonally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose nam es(s) is/are subscribed to the within instrument an d acknowledged to me that he/she/they executed the same in his/her/their auth orized capacity(ies), and that by his/her/their sig nature(s) on the instrument the person(s), or the entity upon behalf of which t he person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws o f the State of California that the foregoing paragr aph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it ma y prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOC UMENT

INDIVIDUAL

CORPORATE OFFICER

_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR

OTHER____________________________
__________________________________

SIGNER IS REPRESENTING:

(NAME OF PERSON(S) OR ENTITY(IES))

_________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
131

REQUEST FOR PROPOSALS
RFQ# FIN10302020 Financial Planning Services

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 1

EXHIBIT "A"

SCOPE OF SERVICES

I. Consultant will perform the following Services:

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

III. During performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule:

V. Consultant will utilize the following personnel to accomplish the Services :

132

REQUEST FOR PROPOSALS
RFQ# FIN10302020 Financial Planning Services

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 2 B.

VI. Consultant will utilize the following subconsultants to accomplish the Services:

133

REQUEST FOR PROPOSALS
RFQ# FIN10302020 Financial Planning Services

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 1 EXHIBIT "B"

COMPENSATION

I. Consultant shall use the following rates of pay in the performance of the Services:

A. [job] [hourly rate]

B. [job] [hourly rate]

C. [job] [hourly rate]

D. [job] [hourly rate]

E. [job] [hourly rate]

II. Consultant may utilize subconsultants as indicated in this Agreement. The hourly rate for any subconsultant is not to exceed $_______ per hour without written authorization from the City Manager or his designee.

134

REQUEST FOR PROPOSALS
RFQ# FIN10302020 Financial Planning Services

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 2 EXHIBIT "C"

INSURANCE

A. Insurance Requirements. Consultant shall provi de and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

Consultant shall provide the following scope and l imits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability. Insurance Ser vices Office form Commercial General Liability coverage (Occurrence Form CG 0001).

(2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City.

(3) Workers’ Compensation. Workers' Compensatio n insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Consultant and all risks to such persons under this Agreement.

(4) Professional Liability. Professional liabil ity insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability.

The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Consultant’s services or the termination of this Agreement.

During this additional three (3) year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.

2. Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than:

(1) Commercial General Liability. $1,000,000 ge neral aggregate for bodily injury, personal injury and property damage.

(2) Automobile. $1,000,000 per accident for bod ily injury and property damage. A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.

(3) Workers' Compensation. Workers' Compensatio n as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence.

(4) Professional Liability. $1,000,000 per occu rrence.

B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the 135

REQUEST FOR PROPOSALS
RFQ# FIN10302020 Financial Planning Services

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 3 coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.

2. Commercial General Liability and Automobile Li ability Coverages.

(1) City, and its respective elected and appoint ed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.

(2) Consultant’s insurance coverage shall be pri mary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant’s insurance.

(3) Consultant’s insurance shall apply separatel y to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

3. Workers' Compensation Coverage. Unless the Ci ty Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Consultant.

C. Other Requirements. Consultant agrees to depos it with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Consultant shall furnish certificates and endo rsements from each subconsultant identical to those Consultant provides.

2. Any deductibles or self-insured retentions mus t be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or polic ies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

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Attachment 2 – Consultant Proposals
Due to file size, if you are interested in a copy of one of the proposals, please contact the City Clerk’s Office at [email protected].
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AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
[CATEGORY(IES) OF SERVICES]

This Agreement for On-Call Professional Services (“ Agreement”) is entered into as of this ____ day of _________, 2022 by and betwe en the City of Eastvale, a municipal corporation (“City”) and ________________ ____, a ___________________ (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by request for qualifications t he performance of the services defined and described particularly in Section 2 of this Agreement.

B. Contractor, following submission of its qualific ations for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to be eligible to perform thos e services as needed and requested by the City.

C. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularl y in Section 2 of this Agreement and desire that the terms of that performance be as par ticularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual prom ises and covenants made by the Parties and contained here and other co nsideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Terminatio n of Agreement" of this Agreement, the Term of this Agreement is for three years commencing on the date first ascribed above. City may extend the Term of this A greement two times for one year each time, for a total potential term of five years.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMA NCE. (a) Scope of Services. Contractor agrees to perfor m [insert category(ies) of services] services (hereinafter, the “Services”) as requested and authorized by the City. [The Services are more particularly described in Ex hibit “A” attached hereto and incorporated herein.] When the City desires to uti lize Contractor for Services, the City will issue a Task Order that includes a Scope of Se rvices to be performed and the compensation to be paid for the Services within the Task Order. Each Task Order shall be attached to this Agreement as part of Exhibit “A ” (e.g., the first Task Order will be Exhibit “A-1”, the second Exhibit “A-2,” etc.). Ea ch Task Order is made a part of this Agreement by this reference.
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(b) Schedule of Performance. The Services authoriz ed by each Task Order shall be completed pursuant to the schedule stated in the Task Order. Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement an d may instead allow Contractor to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Contractor shall not be compensated for any work rendered that are in addition to or outside of the Services authorized by a Task Ord er unless such additional services are authorized in advance and in writing in accorda nce with Section 26 “Administration and Implementation” or Section 28 “Amendment” of th is Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) The City has or will entered into a maximum of three (3) non-exclusive contracts for performance of the Scope of Services identified in Exhibit A, including this Agreement (“On-Call Contracts”). The total aggregat e amount payable by the City pursuant to the Task Order Contracts shall not exce ed a cumulative maximum total value of Four Hundred Fifty Thousand Dollars ($450, 000) (“NTE Sum”). Subject to any limitations set forth in this Agreement, City agree s to pay Contractor the amounts specified in each Task Order for the Services ident ified in the Task Order. The City Manager shall have the authority to approve Task Or ders for Services that do not exceed the City Manager’s then-current signing auth ority for purchases of professional services as set forth in Section 4.06.050, as that section may be amended from time to time. All other Task Orders shall be approved by t he City Council prior to the commencement of the Services. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under the On-Call Contracts through Task Orders. Each time a Task Ord er is awarded under any of the On-Call Contracts, the City will send written notif ication to Contractor and each of the other consultants entering into the On-Call Contrac ts. The notice will identify the total funds allocated under issued Task Orders, and the r emaining unencumbered amount of the NTE Sum. Contractor acknowledges and agrees tha t the City will not pay any amount under this Agreement that would exceed the NTE Sum, and Contractor shall not enter into a Task Order that exceeds the NTE Sum.
(b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the precedin g month. The invoice shall detail charges by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel , materials, equipment and supplies. If the compensation set forth in subsection (a) and th e applicable Task Order include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shal l include detailed descriptions of task performed and the amount of time incurred for or al located to that task. City shall 139
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independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in com pliance with the provisions of this Agreement. In the event that no charges or expense s are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the origi nal invoice shall be returned by City to Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will us e its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Co ntractor’s correct and undisputed invoice.
(d) Payment to Contractor for work performed pursua nt to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

Acceptance of any of Contractor’s work by City shal l not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photo graphs, studies, surveys, reports, data, notes, computer files, files and oth er documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City an d may be used, reused or otherwise disposed of by City without the permissio n of the Contractor. Upon completion, expiration or termination of this Agree ment, Contractor shall turn over to City all such original maps, models, designs, drawi ngs, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, s tudies, surveys, reports, data, notes, computer files, files or other documents pre pared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes , computer files, files or other documents.

All final work product developed by Contractor in t he course of providing the Services pursuant to this Agreement shall become th e sole property of City and may be 140
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used, reused or otherwise disposed of by City witho ut the permission of the Contractor. Upon completion, expiration or termina tion of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors’ work notes and d rafts, which are owned by Contractor, not City.

Any and all such documents or records shall be main tained for three (3) years from the date of execution of this Agreement and to the exte nt required by laws relating to audits of public agencies and their expenditures. In acco rdance with California Government Code Section 8546.7, if the total compensation in S ection 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contra ctor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City , for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided dire ctly to the City for inspection, audit and copying when it is practical to do so; otherwis e, unless an alternative is mutually agreed upon, such documents and records shall be ma de available at Contractor’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of th e documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business , City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

(b) The personnel performing the Services under thi s Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control.

Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Con tractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
(c) Neither Contractor, nor any of Contractor’s off icers, employees, agents or subcontractors shall obtain any rights to retiremen t, health care or any other benefits which may otherwise accrue to City’s employees. Co ntractor expressly waives any claim Contractor, its officers, employees, agents o r subcontractors, may have to any such rights. Contractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the C ity from and against any liability that may arise related to claims that Contractor, or its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Servic es required under this Agreement in a thorough, competent and professional manner. Contr actor shall at all times faithfully, competently and to the best of its ability, experie nce and talent, perform all Services. In meeting its obligations under this Agreement, Contr actor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contra ctor under this Agreement. In addition to the general standards of performance se t forth this section, additional specific standards of performance and performance c riteria may be set forth in Task Orders attached hereto in Exhibit “A” that shall al so be applicable to Contractor’s work under this Agreement. Where there is a conflict be tween a general and a specific standard of performance or performance criteria, th e specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMIT S AND LICENSES.

Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtai n any and all licenses, permits and authorizations necessary to perform the Services se t forth in this Agreement. Neither City, nor any elected or appointed boards, officers , officials, employees or agents of City, shall be liable, at law or in equity, as a re sult of any failure of Contractor to comply with this section.
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SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreemen t does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Constru ction, alteration, demolition, installation, or repair work performed on public bu ildings, facilities, streets or sewers done under contract and paid for in whole or in par t out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Contractor shall not discriminate, in any way, agai nst any person on the basis of race, religious creed, color, national origin, ance stry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientatio n, or military and veteran status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Should Contractor so employ such unauthorized alien s for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any o fficer or principal of its firm, has or shall acquire any interest, directly or indi rectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further co venants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid co nflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Contract or is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and privat e parties. Contractor is unaware of any stated position of City relative to such projec ts. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. 143
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(c) City understands and acknowledges that Contract or will perform non- related services for other governmental agencies an d private Parties following the completion of the Services under this Agreement. A ny such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF IN FORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered c onfidential, unless such information is in the public domain or already know n to Contractor. Contractor shall not release or disclose any such information or work pr oduct to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other i nformation concerning the work performed under this Agreement. Response to a subp oena or court order shall not be considered "voluntary" provided Contractor gives Ci ty notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and inde mnity from Contractor for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Contractor’s conduct.

Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be h eld criminally or civilly liable under any Federal or State trade secret law for the discl osure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspect ed violation of law or for the disclosure of a trade secret that is made in a comp laint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

law, Contractor shall indemnify, protect, defend an d hold harmless City and any and all of its officials, employees and agents (“Indemnifie d Parties”) from and against any and all liability (including liability for claims, suit s, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, includ ing attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individu al or entity for which Contractor is legally liable, including but not limited to office rs, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Lia bility. Other than in the performance of professional services and to the ful l extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against an y liability (including liability for claims, suits, actions, arbitration proceedings, ad ministrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, co urt costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the perfo rmance of this Agreement by Contractor, or by any individual or entity for whic h Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. (c) Indemnification from Subcontractors. Contracto r agrees to obtain executed indemnity agreements with provisions ident ical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional oblig ations on City and will in no way act as a waiver of any rights hereunder. This obligati on to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. (d) City’s Negligence. The provisions of this sect ion do not apply to claims occurring as a result of City’s sole negligence. Th e provisions of this section shall not release City from liability arising from gross negl igence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Contractor agrees to obtain and maintain in full fo rce and effect during the term of this Agreement the insurance policies set forth in Exhibit “B” “Insurance” and made a part of this Agreement. All insurance policies sha ll be subject to approval by City as to form and content. These requirements are subject t o amendment or waiver if so approved in writing by the City Manager. Contracto r agrees to provide City with copies of required policies upon request.
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SECTION 18. ASSIGNMENT.

The expertise and experience of Contractor are mate rial considerations for this Agreement. City has an interest in the qualificati ons and capability of the persons and entities who will fulfill the duties and obligation s imposed upon Contractor under this Agreement. In recognition of that interest, Contra ctor shall not assign or transfer this Agreement or any portion of this Agreement or the p erformance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the City.

Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pur suant to Section 20 “Termination of Agreement.” City acknowledges, however, that Contr actor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 19. CONTINUITY OF PERSONNEL.

Contractor shall make every reasonable effort to ma intain the stability and continuity of Contractor’s staff and subcontractors , if any, assigned to perform the Services. Contractor shall notify City of any chan ges in Contractor’s staff and subcontractors, if any, assigned to perform the Ser vices prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or with out cause, at any time by giving thirty (30) days written notice of terminati on to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement for cau se at any time upon thirty (30) days written notice of termination to City.
(c) If either Contractor or City fail to perform an y material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Co ntractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City. Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set fo rth in Section 4 “Compensation and Method of Payment” of this Agreement. This final i nvoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensa tion and Method of Payment” of this Agreement.

SECTION 21. DEFAULT.

which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circums tances warrant. During the period of time that Contractor is in default, the City sha ll hold all invoices and shall, when the default is cured, proceed with payment on the invoi ces. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of t he Contractor’s default shall not be deemed to result in a waiver of the City’s legal ri ghts or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

Contractor shall not be liable for damages, includi ng liquidated damages, if any, caused by delay in performance or failure to perfor m due to causes beyond the control of Contractor. Such causes include, but are not li mited to, acts of God, acts of the public enemy, acts of federal, state or local gover nments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and u nusually severe weather. The term and price of this Agreement shall be equitably adju sted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

SECTION 24. NOTICES.

To City: City of Eastvale
Attn: City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: __________________________
__________________________
__________________________
__________________________

Notice shall be deemed effective on the date person ally delivered or, if mailed, three (3) days after deposit of the same in the cus tody of the United States Postal Service.
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SECTION 25. AUTHORITY TO EXECUTE.

Each of the signatories hereto represents and warra nts that he or she is competent and authorized to enter into this Agreeme nt on behalf of the Party for whom he or she purports to sign. Each Party hereto agree s to defend, indemnify, and hold harmless the other Parties hereto against all claim s, suits, actions, and demands, including necessary expenses of investigation and r easonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed b y the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agre ement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Eastvale Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, exe cutors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the C ity. The City Manager shall have the authority to approve any amendment to this Agre ement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under Section 4.06.050 of the Eastvale Mu nicipal Code. The Parties agree that the requirement for written modifications cann ot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the Cit y Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any othe r term, condition, or covenant.

Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a wa iver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the 148
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laws of the State of California. In the event of l itigation between the Parties, venue in state trial courts shall lie exclusively in the Cou nty of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is requ ired to enforce or interpret any provision of this Agreement, the prevailing Party i n such litigation or other proceeding shall be entitled to an award of reasonable attorne y's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" (including all subparts of Exhibit “A”) and "B", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and s upersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No state ments, representations or other agreements, whether oral or written, made by any Pa rty which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreemen t is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. NONEXCLUSIVITY.

This Agreement shall not preclude the City from con tracting with other persons for work that could be performed by Contractor unde r this Agreement or utilizing City employees to perform such work.

SECTION 35. CONFLICTING TERMS.

Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of a ny document incorporated by reference into this Agreement, the terms of this Agreement shall control.

IN WITNESS WHEREOF , the Parties hereto have executed this Agreement o n the date and year first-above written.

CITY OF EASTVALE
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___________________________
Bryan Jones
City Manager
ATTEST:
___________________________
Marc Donohue
City Clerk

APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney
___________________________________
By: ____
Name: ___________________________
Its: ______________________________
NOTE: CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZ ED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY B E

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR

OTHER RULES OR REGULATIONS APPLICABLE TO
CONTRACTOR’S BUSINESS ENTITY. CORPORATIONS AND LLCS

MUST SUBMIT DOCUMENTATION SHOWING THAT THE INDIVIDU AL

SIGNING ON ITS BEHALF HAS THE AUTHORITY TO EXECUTE THIS CONTRACT.
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A-1
EXHIBIT "A"

SCOPE OF SERVICES & COMPENSATION

[TASK ORDERS TO BE INSERTED HERE ONCE APPROVED. EAC H TASK ORDER

MUST CONTAIN A SPECIFIC SCOPE OF SERVICE AND COMPEN SATION INFORMATION FOR THOSE SERVICES.]

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EXHIBIT "B"

INSURANCE

A. Insurance Requirements. Contractor shall provi de and maintain insurance, acceptable to the City, in full force an d effect throughout the term of this Agreement, against claims for injuries to persons o r damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

Contractor shall provide the following scope and l imits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability. Insurance Ser vices Office form Commercial General Liability coverage (Occurrence Form CG 0001).

(2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, incl uding code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City.

(3) Workers’ Compensation. Workers' Compensatio n insurance as required by the Labor Code of State of Californi a covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement.

(4) Professional Liability. Professional liabil ity insurance appropriate to the Contractor’s profession. This c overage may be written on a “claims made” basis, and must include coverage for contract ual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Ser vices performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Contractor’s services o r the termination of this Agreement.

During this additional three (3) year period, Contr actor shall annually and upon request of the City submit written evidence of this continuous coverage.

2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:

(1) Commercial General Liability. $1,000,000 ge neral
aggregate for bodily injury, personal injury and property damage.

(2) Automobile. $1,000,000 per accident for bod ily injury and property damage. A combined single limit policy wi th aggregate limits in an amount of 152

C-2
not less than $2,000,000 shall be considered equiva lent to the said required minimum limits set forth above.

(3) Workers' Compensation. Workers' Compensatio n as
required by the Labor Code of the State of Californ ia of not less than $1,000,000 per occurrence.

(4) Professional Liability. $1,000,000 per occu rrence.

B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, redu ced in coverage or in limits except after 30 days' prior written notice by certified ma il, return receipt requested, has been given to City.

2. Commercial General Liability and Automobile Li ability Coverages.

(1) City, and its respective elected and appoint ed officers, officials, and employees and volunteers are to be c overed as additional insureds as respects: liability arising out of activities Cont ractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Con tractor. The coverage shall contain no special limitations on the scope of prot ection afforded to City, and their respective elected and appointed officers, officials, or employees.

(2) Contractor’s insurance coverage shall be pri mary insurance with respect to City, and its respective elected an d appointed, its officers, officials, employees and volunteers. Any insurance or self-in surance maintained by City, and its respective elected and appointed officers, official s, employees or volunteers, shall apply in excess of, and not contribute with, Contractor’s insurance.

(3) Contractor’s insurance shall apply separatel y to each insured against whom claim is made or suit is broug ht, except with respect to the limits of the insurer's liability.

(4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warra nties, shall not affect coverage provided to City, and its respective elected and ap pointed officers, officials, employees or volunteers.

3. Workers' Compensation Coverage. Unless the Ci ty Manager otherwise agrees in writing, the insurer shall agre e to waive all rights of subrogation 153

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against City, and its respective elected and appoin ted officers, officials, employees and agents for losses arising from work performed by Contractor.

C. Other Requirements. Contractor agrees to depos it with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit “B”. The certifi cates and endorsements are to be signed by a person authorized by that insurer to bi nd coverage on its behalf. City reserves the right to inspect complete, certified c opies of all required insurance policies, at any time.

1. Contractor shall furnish certificates and endo rsements from each subcontractor identical to those Contractor provides.

2. Any deductibles or self-insured retentions mus t be declared to and approved by City. At the option of City, either th e insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related inv estigations, claim administration, defense expenses and claims.

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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.5
April 13, 2022
Acceptance of Right of Way Dedica*on at Chandler Street for the Gossett Self Storage Facility located at 14555 Chandler Street.

Prepared By:

Jimmy Chung, City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council A
dopt Resoluon 22-XX, accepng the dedicaon of Right-
of-Way at Chandler Street (Gossett Self Storage) for public roads and utilities.

Summary
The condions of approval of the Major Development Plan for Self Storage Facility (Gosse- Self Storage) requires the applicant to record appropriate easements. Gosse- Self Storage is dedicang a right-of-way easement on Chandler Street to the City of Eastvale for public streets and ulity purposes (A-achment 1). This will give the City the right to maintain and make further improvements on Chandler Street once the development constructs the ulmate improvements required under the Major Development Plan. Frontage improvements include curb, gu-er, sidewalk, and landscaping. Chandler Storage is located directly north of Chandler Street, between Hall Avenue and Selby Avenue at 14555 Chandler Street (Site Map).

Background
The project site is located directly north of Chandler Street, between Hall Avenue and Selby Avenue within the City of Eastvale. The project site is bounded by Chandler Street to the South and the Riverside County Flood Channel to the north. On October 23, 2019, the City approved a Public Improvement Agreement requiring oﬀsite improvements as outlined in the condions of approval of the Major Development Plan. The agreement also allowed oﬀsite improvements to be done in phases that coincide with their proposed on-site construcon phasing. Frontage improvements include curb, gutter, sidewalk, and landscaping. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
155

Environmental
A Migated Negave Declaraon (IS/MND) that evaluates the potenally signiﬁcant adverse environmental impacts that could be associated with the Project and idenﬁes project components, scope and migaon measures that would avoid, reduce, or eliminate signiﬁcant impacts was prepared for the project.

Accepng the right of way dedicaon is not subject to the California Environmental Act (CEQA) and no further environmental review is needed.

Strategic Plan Action - Priority Level: N/A
| Target #: 5
| Goal #: 3
Plan for landscape, roads, and street maintenance
Fiscal Impact
There is no ﬁscal impact at this me. Long term maintenance of the streets and appurtenances will be the City’s obligaon once ulmate improvements are completed by the developer and the City accepts the project as complete. Special revenue funds will be used for future maintenance of the streets and appurtenances.

Prior City Council/Commission Action
On July 15, 2020, the Planning Commission unanimously recommended that the City Council approve the proposed project.

On September 9, 2020 the City Council approved the proposed project.

Attachment(s)
Attachment 1 - Resolution 22-XX for Gosset Self Storage.docx

Attachment 2 - Site Map_14555 Chandler Street

Attachment 3 - Easement for ROW.pdf

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
156
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE,

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE EASEMENT ALONG CHANDLER STREET FOR THE GOSSETT SELF STORAGE PROJECT.

WHEREAS, that the City Council of the City of Eastvale hereby authorizes the City Manager to accept an easement substantially in the form attached hereto as Attachment A from John Gossett, Lyn Gossett, Jeff Gossett, William Walton and Pamela Walton and within City of Eastvale to be dedicated as a public right of way; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Manager is authorized to execute any documents and take all action necessary to complete the acceptance and recordation of the easement.

PASSED, APPROVED AND ADOPTED this 13 day of April, 2022. __________________________________________
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/ Communications Director
157

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 22-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 13 day of April 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
158
Vicinity Map
14555 Chandler Street
Gossett Self Storage

N
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Eastvale City CouncilApril 13, 2022

Eastvale City Council
April 13, 2022