Eastvale City Council
July 27, 2022

PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Limonite Gap Closure
PROJECT DESCRIPTION: Project will connect from 2,450 LF east of Hellman Ave to Archibald Avenue. The total length of the proposed project is approximately 3,200 LF including a bridge over the Cucamonga Creek. Both road and bridge will serve 4 lanes of traffic including bicycle and pedestrian facilities. A separate pedestrian bridge over the Cucamonga Creek little south of the proposed vehicular bridge, as shown on the below map, is also part of this project.

PROJECT STATUS: 95% plans and specifications under review.

Construction Management service procured.

Working with various agencies to obtain necessary permits.

PROJECT SCHEDULE: Design contract award date - May 22, 2019 30% design completed - December 2019
NOD filed - December 2020
90% design - November 2021
Estimated 100% design - Summer 2022
PROJECT MAP:

Proposed Limonite Ave Bridge
Proposed Pedestrian Bridge
370

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Improvement of Bike Network Connectivity/ATP Trails PROJECT DESCRIPTION: Project will design and construct nearly 5 miles of trails running along Scholar Way and Harrison Avenue. The project will provide dedicated space for people to bike and walk from north Eastvale to the Santa Ana River Trail on the south.

PROJECT STATUS: Design contract was awarded to Mark Thomas. Preliminary design work has started. Community outreach meeting was held January 22, 2022. Currently working with Caltrans to approve scope change to change from Class IV with lane reduction to Class I with no lane reduction.

PROJECT SCHEDULE: Mark Thomas is performing Phase 1B efforts consisting of preliminary design and public outreach.

PROJECT MAP:

371

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Schleisman Road Safety and Connectivity Project PROJECT DESCRIPTION: Project will design and construct dedicated space for people to bike and walk along Schleisman Road between Hamner Avenue and Sumner Avenue.

PROJECT STATUS: Conceptual development contract was awarded to Conceptual Design & Planning Company on March 9, 2022
PROJECT SCHEDULE: Once conceptual plan is completed, City will solicit proposals for development of plans and specifications.

PROJECT MAP:

372

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Limonite Avenue Signal Synchronization
PROJECT DESCRIPTION: Project will design and install necessary equipment to synchronize traffic signals along Limonite Avenue.

PROJECT STATUS: Construction contract was award to Belco on May 11, 2022 to install necessary infrastructure to synchronize the traffic signals.

PROJECT SCHEDULE: There is a long lead time on the necessary materials to connect the traffic signals with fiber-optic. As an interim solution, City will synchronize the traffic signal suing wireless radios. This is expected to be completed in July 2022.

PROJECT MAP:

373

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Citywide Retroreflective Backplate on Traffic Signal Indicator PROJECT DESCRIPTION: Project will design and install retroreflective backplate borders along backplates of traffic signal indicators at 29 signalized intersections to improve the visibility of signals.

PROJECT STATUS: Plans and Specifications have been completed.

PROJECT SCHEDULE: The construction is estimated to be commence in Summer 2022.

PROJECT MAP:

374

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Traffic Signal Dilemma Zone Detection and Mitigation PROJECT DESCRIPTION: Project will install advanced dilemma zone detection system and associated equipment in existing traffic signal cabinets at 16 signalized intersections to modify signal timing to improve safety for motorists approaching intersections.

PROJECT STATUS: 90% Plans and Specifications have been completed.

PROJECT SCHEDULE: The construction is estimated to be commence in Fall 2022.

PROJECT MAP:

375

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Annual Asphalt Overlay Project
PROJECT DESCRIPTION: Project scope includes grinding of pavement, placement of 2” asphalt concrete, curb ramp improvements for accessibility, traffic loop replacement, utility cover adjustments, replacement and enhancement of traffic striping, and installation of landscape.

PROJECT STATUS: Construction contract was awarded to All American Asphalt on January 12, 2022. All paving work has been completed, except the work along Milliken, which is waiting on Caltrans permit issuance.

PROJECT SCHEDULE: Notice to Proceed was issued on January 24, 2022 and most of paving work has been completed. Remaining miscellaneous work is estimated to be completed in Summer 2022.

PROJECT MAP:

376

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Capital Improvements Project
PROJECT NAME: ADA Transition Plan
PROJECT DESCRIPTION: Program includes preparation and implementation of an ADA Self Evaluation Plan as required under the Americans with Disabilities Act (ADA). Future year funding will support removal of ADA barriers as identified in the Plan. Annual program to provide improvements focusing on ADA accessibility, including curb ramps and sidewalks throughout the City.

PROJECT SCHEDULE: This is an on-going project. Currently, field work to identify ADA barriers on City streets including curb ramps and sidewalks is on hold.

CDBG application has been submitted for funding.

377

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Traffic Sign Inventory
PROJECT DESCRIPTION: The project will improve roadway safety and traffic through upgrades to existing and/or adding new high-visibility traffic signs.

PROJECT SCHEDULE: Inventory of traffic sign has been completed. Currently, field work to collect reflectivity of signs to meet MUTCD is on-going.

378

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Archibald Avenue/Limonite Avenue Widening Project PROJECT DESCRIPTION: Street widening and safety project for Archibald Avenue from the City of Ontario limits south of the SCE easement, including the intersection at Limonite Avenue and portions of Limonite Avenue east and west of the intersection. The project looks to improve safety and overall circulation in conjunction with the improvements associated with the Homestead and Merge developments, and Limonite Gap Project. Components of the project include, but are not limited to, coordinating with SCE to relocate SCE high-tension support structures.

PROJECT STATUS: • City approved the proposed design plan from SCE on July 14, 2021. • SCE is procuring materials and submitted encroachment permit application to the City.
• Construction for foundation is expected to begin in fall 2022.

PROJECT MAP:

LIMONITE AVE

ARCHIBALD AVE
379

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Residential Development
PROJECT NAME: Prado (TR 35751)
PROJECT LOCATION: Southeast corner of Schleisman Road and Cucamonga Flood Channel PROJECT DESCRIPTION: Improvements include a development of a gated community of 243 attached and detached single-family homes on approximately 19 acres.

PROJECT STATUS: Improvements have been completed. Project close-out task is remaining before city council accepts the project as complete.

PROJECT MAP:

SCHLEISMAN RD
380

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Commercial Development
PROJECT NAME: The Merge
PROJECT LOCATION: Northeast corner of Limonite Avenue and Archibald Avenue PROJECT DESCRIPTION: Improvements includes 26 gross acres.

PROJECT STATUS: Onsite and offsite improvements ongoing PROJECT MAP:

ARCHIBALD AVE

LIMONITE AVE
381

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Commercial Development
PROJECT NAME: The Ranch by Transwestern
PROJECT NUMBER: PW19-11322
PROJECT LOCATION: East end of Limonite Avenue west of the Cucamonga Creek PROJECT DESCRIPTION: Improvements include 20 gross acres including 2 light industrial warehouses.

PROJECT STATUS: Onsite and offsite improvements ongoing PROJECT MAP:

CUCAMONGA CREEK

HELLMAN AVE
382

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Commercial Development
PROJECT NAME: Homestead
PROJECT NUMBER: PW20-10052
PROJECT LOCATION: Northwest corner of Limonite Avenue and Archibald Avenue PROJECT DESCRIPTION: Improvements include 55.86 gross acres consisting of six industrial buildings
PROJECT STATUS: Onsite and offsite improvements ongoing PROJECT MAP:

LIMONITE AVE

ARCHIBALD AVE
383

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Commercial Development
PROJECT NAME: Vantage Point Church
PROJECT NUMBER: PW15-1174
PROJECT LOCATION: Northeast corner of Archibald Avenue and Prado Basin Park Road PROJECT DESCRIPTION: Improvements include development of an approximately 85,000 sq. ft. church which includes a sanctuary, classrooms, cafe, and a bookstore on 10.43 acres.

PROJECT STATUS: Onsite improvement ongoing
PROJECT MAP:

384

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Commercial Development
PROJECT NAME: Hamner Place
PROJECT NUMBER: PW18-10712
PROJECT LOCATION: East of Hamner Avenue and Schleisman Road PROJECT DESCRIPTION: Improvements include 21.48 gross acres.

PROJECT STATUS: Onsite improvement ongoing
PROJECT MAP:

HAMNER AVE
385

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Commercial Development
PROJECT NAME: The Campus Business Park
PROJECT NUMBER: PW12-0750
PROJECT LOCATION: West side of Archibald Avenue south of Limonite Avenue PROJECT DESCRIPTION: Improvements includes 53.37 gross acres with 11 development parcels and 6 letter lots.

PROJECT STATUS: Public improvements completed. Project close-out task is remaining before city council accepts the project as complete.

PROJECT MAP:

LIMONITE AVE

ARCHIBALD AVE
386
Agency Grant Name Project Name Grant Award Match Due Date Status CTC/
Caltrans
Active Transportation Project Improvement of Bike Network Connectivity
$ 6,471,000.00 $ 1,620,000.00 6/30/2025 Under design CTC/
Caltrans
Local Partnership Program Limonite Gap Closure Project 9,475,000.00$ -$ Award construction by December 2022
Grant request has been
approved. Allocation for
construction funds will be
requested in Fall 2022.

CTC/
Caltrans
Active Transportation Project Southeast Eastvale Safe Routes to School Gap Closures
1,420,000.00$ -$ Construction in FY22/23
Grant request has been
approved
Caltrans Highway Safety Improvement
Program (HSIP) Cycle 10
Advanced Dilemma Zone
Detection
712,800.00$ -$ Under design
Caltrans Highway Safety Improvement
Program (HSIP) Cycle 10
Retroflective Backplate for
Signals
278,100.00$ -$ Under design
CalRecycle Rubberized Pavement Grant
TRP 13
Annual Overlay Project $ 174,999.00 $ - April 1, 2023 Grant request has been approved
RCTC SB821 Bicycle and Pedestrian Safety
Enhancement on Citrus St,
Sumner Ave and River Rd
$ 432,500.00 $ 469,953.00 Under construction as part of the Annual Overlay Project
CAL FIRE Resource Management Grant City of Eastvale Urban Foresty Management
$ 249,925.00 $ 60,024.00 March 30, 2024 Grant request has been approved
National
Endowment
for the Arts
Our Town FY22 Limonite Avenue Roundabout
Sculpture/Art Element
25,000.00$ 25,000.00$ August 2021 Not funded

PUBLIC WORKS GRANTS SUMMARY

AWARDED GRANTS

FUTURE GRANTS
387

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.7
July 27, 2022
City of Eastvale Crime Statistics – May 2022
Prepared By:

Eva Terekhova, Emergency Management Specialist
Recommended Action(s)
Staff recommends that the City Council receive and file the Eastvale Crime Statistics for May 2022.

Summary
The City Council requested staff to collaborate with the Riverside County Sheriff’s Department to develop a crime sta&s&cs document that would reflect selected Part I and Part II crime data for the City of Eastvale. Intended to show month-to-month crime sta&s&cs, the document will assist in determining appropriate staffing levels for law enforcement services.

Background
In May 2017, City Council directed staff to coordinate with the Riverside County Sheriff’s Department to request and obtain monthly crime sta&s&cs for the City of Eastvale. The primary intent of the request was to determine appropriate staffing levels during the City’s contract nego&a&ons with the Sheriff’s Department. Over several weeks, the city manager and staff worked collabora&vely with Riverside County Sheriff’s Department administra&on and management to obtain crime statistics that could be shared with the public on a regular basis.

Upon receiving the data, the Riverside County Sheriff’s Department advised staff that the data provided would be reflec&ve of the previous month, or thirty days behind the current month; and that the report would need to include a disclaimer identifying the data as preliminary and raw.

At the July 26, 2017 mee&ng, City Council recommended that staff add columns reflec&ve of felony and misdemeanor arrests. During the September 26, 2017 mee&ng, City Council recommended staff add traffic viola&ons/cita&ons data and the total calls for service broken down per month. Crime sta&s&cs that were released in the &me that passed since the last mee&ng of the City Council are 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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attached.

Environmental
Crime sta&s&cs are not a project pursuant to the California Environmental Quality Act (CEQA) and no environmental review is required.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
N/A
Fiscal Impact
This request has no fiscal impact.

Prior City Council/Commission Action
July 25, 2017: Approved by the Public Safety Commission September 26, 2017: Approved by City Council
Attachment(s)
Attachment -
May 2022 Eastvale Crime Statistics

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City of Eastvale
Crime Statistics
May 2022

Violent Crime Statistics

VIOLENT CRIMES
ESTIMATED 2022 POPULATION = 69,929

MAY
2022
CRIME
RATE
PER
1000
MAY
2021
CRIME
RATE
PER
1000
APR
2022
CRIME
RATE
PER
1000
MAR
2022
CRIME
RATE
PER
1000
FEB
2022
CRIME
RATE
PER
1000
YEAR
TO
DATE
2022
YEAR
TO
DATE
2021
YEAR
END
TOTAL
2020
HOMICIDE 0 0 0 0 0 0 0 0 0 0 0 1 1
RAPE 0 0 0 0 1 0.01 1 0.01 1 0.01 4 2 3
ROBBERY 0 0 4 0.06 1 0.01 3 0.04 0 0 8 23 22

AGGRAVATED
ASSAULT 5 0.07 5 0.07 8 0.11 4 0.06 11 0.16 34 51 54
ARSON 0 0 0 0 0 0 0 0 0 0 0 0 2

TOTAL 5 N/A 9 N/A 10 N/A 8 N/A 12 N/A 46 72 82

YEAR POPULATION TOTAL CALLS FOR
SERVICE/FILE #S
2021 67,626 25,104
2020 66,413 23,778
2019 66,078 24,587
2018 64,855 28,383
2017 64,613 32,295
2016 63,214 31,234
LEGEND
 All data is preliminary, pending year end verification by CA-DOJ and FBI.

The numbers presented here are raw statistics based on the information currently in the Records Management System (RMS).
 Source of population data: State of California, Department of Finance  “Total calls for service/file #s generated” encompass ALL call types inclusive of the ones listed and not listed on this chart.
 Year to Date (YTD) is calendar year
TOTAL CALLS FOR SERVICE/FILE #S GENERATED
YEAR: 2022 POPULATION: 69,929 TOTAL YTD: 10,355

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
1,659 2,152 2,076 2,264 2,204
Non-Violent Crime Statistics

PROPERTY CRIMES
ESTIMATED 2022 POPULATION = 69,929

MAY
2022
CRIME
RATE
PER
1000
MAY
2021
CRIME
RATE
PER
1000
APR
2022
CRIME
RATE
PER
1000
MAR
2022
CRIME
RATE
PER
1000
FEB
2022
CRIME
RATE
PER
1000
YEAR
TO
DATE
2022

YEAR TO
DATE
2021
YEAR
END
TOTAL
2020
BURGLARY 14 0.20 15 0.22 13 0.19 10 0.14 13 0.12 58 158 127

VEHICLE
THEFT 11 0.16 12 0.18 14 0.20 20 0.29 12 0.19 70 140 140

LARCENY
THEFT 87 1.24 55 0.81 61 0.87 85 1.22 74 0.99 374 601 557 MAIL THEFT 1 0.01 7 0.10 3 0.04 4 0.06 3 0.04 14 69 88 INJURY TCS 17 0.24 12 0.18 11 0.16 3 0.04 7 0.19 51 136 140 FELONY
ARREST 22 0.31 15 0.22 17 0.24 27 0.39 18 0.35 108 227 159

MISDEMEANOR
ARREST 57 0.82 22 0.33 23 0.33 33 0.47 29 0.28 161 243 305

TRAFFIC
CITATIONS 185 2.65 406 6 127 1.82 398 5.69 327 4.35 1,331 3,674 3,273

TOTAL 394 N/A 544 N/A 269 N/A 580 N/A 483 N/A 2,167 5,248 4,789 390

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.8
July 27, 2022
Interim Financial Report - Fiscal Year 2021-22, Quarter 3 Prepared By:

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

Receive and file the Interim Financial Report for Fiscal Year 2021-22, Quarter 3 ending March 31, 2022
2 .

Approve and Adopt Budget Resolu,on 22-XX Amending the 2021-22 Fiscal Budget by $6,386,738 for the American Rescue Plan Act State and Local Fiscal Recovery Fund reimbursement to the General Fund for law enforcement contract services.

Summary
The goal of the Fiscal Year 2021-22 Annual Opera,ng and Capital Improvement Budget served to establish both long-term and short-term financial planning for the City while adhering to regula,ons set by the Governmental Accoun,ng Standards Board (GASB). The comprehensive budget illustrates City Council’s commitment to providing cost effec,ve municipal services. City Council adopts an opera,ng and capital improvement budget every year, which commits resources for the accomplishment of the City’s Strategic Plan, policies, and execu,on of services to the public. The budget report iden,fies target areas while measuring achievements to ensure departments remain transparent and on track. An abundant amount of ,me, analysis, and data from various resources helps establish projec,ons to forecast proper revenue and expenditure budgets. The budget is a dynamic document that is amended throughout the year for various reasons, including City Council ac,ons on department requests, ac,ons by third par,es which impact the budget plan, or changes in the economy.
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The Quarterly Interim Financial Report is intended to serve as an update to Council on the City's revenue and expenditure performance with respect to budget. This par,cular Interim Financial Report is for the third quarter (3) of fiscal year 2021-22 ending March 31, 2022. The figures in the aEached reports represent the unaudited financials as of June 14, 2022. The period ending March 31, 2022 includes the 2021-22 Mid-Year adjustments.

Background
Detail regarding the Interim Financial Report can be found in attachment 1, Interim Financial Report.

Detail regarding the budget resolution and requested appropriations are listed below:

The city received approximately $7.36 million in American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLFRF). These funds will be like the CARES Coronavirus Relief Funds and will be subject to a federal single audit. Addi,onally, funds must be expensed by December 31, 2024.

Final guidance and alloca,on informa,on was released by the Federal Department of Treasury in January 2022. The final guidance provided a $10.0 million standard deduc,on that all municipali,es may use towards revenue loss during the pandemic. City Council iden,fied approximately $4.1 million of SLFRF funds to use towards law enforcement contract costs during the mid-year process.

Staff recommends u,lizing the $10.0 million standard deduc,on for revenue loss in order to u,lize the city’s full $7.36 million alloca,on towards law enforcement contract costs. This interim report includes appropria,ng the transfer-out budget in the ARPA fund and the transfer-in budget in the General Fund to reflect the reimbursement for law enforcement contract costs. The budget surplus created by the reimbursement in the General Fund may be expensed or commiEed at the Council’s discre,on. The budget appropria,on will be included in the next quarterly report data due to the timing of Council approval.

Environmental
Government fiscal ac,vi,es and budget appropria,ons are not considered a Project as defined by the California Environmental Quality Act (CEQA) and no environmental review is required.

Strategic Plan Action - Priority Level: 3
| Target #: 3
| Goal #: 6
Ensure that City revenues align with expenditures.

Fiscal Impact
The interim report for Quarter 3 of fiscal year 2021-22 includes appropria,ons for transfers-in to the General Fund (revenue account 100-000-4924) and transfers-out from the American Rescue Plan Act Fund (expenditure account 242-290-6910) to reimburse the General Fund in the amount of $3,193,369 for law enforcement contract costs in accordance with the aEached budget resolu,on.

The transfers are technical in nature and allow accoun,ng staff to transfer cash from one fund to another. No other revenue or expenditure budget impacts or actions are requested with this report.

Prior City Council/Commission Action
In prepara,on for the adop,on of the Fiscal-Year 2021-22 Annual Opera,ng Budget staff followed the budget ,meline as presented at the January 13, 2021 council mee,ng. On January 29, 2021 a Strategic Plan Workshop was held. Addi,onally, City Council was also presented with two budget goal seKng sessions conducted on February 24, 2021 and March 10, 2021. On March 24, 2021 the revised strategic plan was adopted. On April 14, 2021 the Council voted to increase the law 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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enforcement contract by two Special Enforcement Team depu,es, effec,ve with the new fiscal year budget. On June 9, 2021 the draL budget was presented to Council with one subsequent change regarding fully funding a fire business inspector with Riverside County Fire and adding a Wildland Protec,on Agreement with Cal Fire. On June 23, 2021 the Council unanimously adopted the budget. On December 8, 2021 the City Council received and filed the first quarter interim report for fiscal year 2021-22. On March 13, 20222 the City Council received and filed the second quarter interim report for fiscal year 2021-22.

Attachment(s)
Attachment 1: Interim Financial Report - FY2021-22 Quarter 3

Attachment 2: Budget Resolution

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EASTVALE

CALIFORNIA

CITY OF

INTERIM FINANCIAL REPORT
QUARTER THREE | 9 MONTHS
FISCAL YEAR 2021 - 2022
394
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months, 65% Reported

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 1

REPORT OVERVIEW
On June 23, 2021, the City Council adopted the Fiscal Year 2021-22 budget. The interim financial report is prepared by the Finance Department and contains informa�on related to the fiscal year 2021-22 budget and actual ac�vity for revenues and expenditures for the 6-month period ending March 31, 2022. The figures contained in this report are unaudited. The informa�on in this report does not include Mid-Year adjustments, which was adopted by the Council a�er the close of the period ending March 31, 2022.

QUARTER 3 HIGHLIGHTS: Key changes impacting the city during the third quarter of fiscal year 2021-22 Prior Fiscal Year Notes: The city ended the prior fiscal year with a budget surplus of $25.3 million. The surplus is due to several factors . The overwhelming majority of the surplus is due to a change in the city’s sales tax receipts.

Addi�onally, the City experienced savings in its largest department in the General Fund, Law Enforcement. L aw enforcement had a budget surplus due to a carried forward budge�ng error and due to the use of Coronavirus Relief Funds for law enforcement contract costs. The city’s financial statements have been issued, and figures in this report reflect audited balances.

Sales Tax Monitoring: The Finance department con�nues to monitor revenues closely, par�cularly sales tax. A true- up payment applicable to quarter 2 ending December 31, 2020, of the prior fiscal year , has not yet been received.

HdL originally believed the true up would likely be received in the current fiscal year, however it seems highly likely that the true up will be received a�er June 30, 2022 . The true-up was budgeted at $8.0 million. As a resul t, it is projected that sales tax receipts will total less than the budgeted figure of $52.0 million. In order to monitor actual sales tax receipts relevant to the quarter a new summary report was created and is atached to the execu�ve summary �tled “Sales Tax Quarterly Summary.”
Appropria�ons Limit: A summary report , “Appropria�ons Limit Summary ,” is included in this report . The city exceeded the state mandated Appropria�ons Limit for fiscal year 2020-21 and 2021-22. The summary report details the city’s limit and revenues subject to appropria�ons in addi�on to providing trend data for the last three fiscal years.

The city will con�nue to address the appropria�ons limit implica�ons during the mid-year and budget processes.

American Rescue Plan Act Funds: The city received approximately $7.36 million in American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLFRF). These funds will be like the CARES CRF funds and will be subject to a federal single audit . Addi�onally, funds must be expensed by December 31, 2024. Final guidance and alloca�on informa�on was released by the Federal Department of Treasury in January 2022. The final guidance provided a $10.0 million standard deduc�on that all municipali�es may use towards revenue loss during the pandemic. City Council iden�fied approximately $4.1 million of SLFRF funds to us e towards law enforcement contract costs during the mid- year process. Staff recommends u�lizing the full $10.0 million standard deduc�on for revenue loss in order to u�lize the city’s full $7.36 million alloca�on towards law enforcement contract costs. This interim report includes appropria�ng the transfer-out budget in the ARPA fund and the transfer-in budget in the General Fund to reflect the reimbursement for law enforcement contract costs . The budget surplus due to the reimbursement in the General Fund may be expensed or commited at the Council’s discre�on. The budget appropria�on will be included in the next quarterly report data due to the �ming of Council approval.

This report does not include projections and only focuses on the City’s performance in comparison to budgeted estimates.

Attached Detail Reports

General Fund Summary by Category General Fund Summary by Department General Fund Opera�ng Summary
City-Wide Fund Balances
Sales Tax Quarterly Summary
Other Funds Revenue and Expenditure Summary
Assigned Reserve, Con�ngency Calcula�on
Appropria�ons Limit Summary
395
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months, 65% Reported

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 2 Accounting Methods
The figures presented in this execu�ve summary and the atached reports reflect general ledger balances as of March 31, 2022. Approximately 65% of the year has been reported. The city u�lizes an accrual basis of accoun�ng for all governmental funds, as required by the Generally Accepted Accoun�ng Standards (GAAP). To comply with GAAP, many revenues received and expenditures occurring in the mo nths of July and August are accrued back to the month of June.

This matches the transac�on to the period in which revenue was earned or the expenditure occurred. The figures in this report represent the audited figures for June 30, 2021 and the Finance Department’s best es�mate of revenues and expenditures for March 31, 2022, as of the published date of this report.

GENERAL FUND OBSERVATIONS
The city’s General Fund is the largest and most flexible of the city’s funds as it contains all unrestricted revenues and provides the most discre�on for expenditures. Major General Fund revenue sources include sales tax, property tax, franchise fees, permit fees, and intergovernmental. The General Fund holds the majority of services provided to the community including polic e services, community development, and general government. The General Fund Overview table provides budgeted revenues and expenditures in addi�on to actual revenues and expenditures. The percentage reflects the percentage of budget u�lized.

Balanced Budge�ng – Per the city’s adopted
Budget Policy, the total appropria�ons shall not
exceed the total of es�mated revenues. In the
adopted fiscal year 2021-22 budget, total General
Fund expenditure appropria�ons did not exceed
revenues and the budget surplus totaled
$801,892. Since the budget was adopted several
expenditure and revenue budget appropria�ons
have been approved by Council; these
appropria�ons increased the budget surplus to
$36.0 million as of the publish date of this report.

Details of the city’s opera�ng statement can be
found in the Atachment General Fund Opera�ng
Summary.

It should be noted that the Fire Fund also consists of General Fund revenues, however due to agreements with Riverside County the fund is separated as an other -purpose general fund for budgeting purposes. The Fire Fund is collapsed into the General Fund on the city’s financial statements. Fire Fund information is in the section following the General Fund in this report.

GENERAL FUND REVENUES
As a general note, not all revenues are received monthly including sales tax, property tax, and franchise fees. The State of California provides sales tax es�mated advance installments monthly and issues the city a quarterly true-up a�er the State receives quarterly tax returns from businesses. A majority of property tax is typically received solely in the second half of the fiscal year and as a result, a por�on of property tax revenues have not yet been received for the fiscal year. Franchise fees are received quarterly.

General Fund Overview
9-Months Ended March 31, 2022
General Fund
Overview
Adjusted
Budget
Actual
Ac�vity
%
Revenues 72,188,910 35,600,610 49%
Expenditures 36,133,217 14,762,047 41%
Surplus (Deficit) 36,055,693 20,838,563
0 10
20 30
40 50
60 70
80 2019-20 Actuals 2020-21 Actuals 2021-22 Budget 2021-22 Actuals To-Date
Millions
Year-by-Year Revenue and Expenditures
Revenue
Expenditure
396
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months, 65% Reported

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 3 Overall revenues only stand at 42% due solely to the missing $8.0 million sales tax true up payment for fiscal year 2020.

It is possible that this revenue will not be received un�l the following fiscal year, however the �ming will not be known un�l the fiscal year is closed in late August 2022.

Overall, General Fund revenues are at $35,600,610 or 49% of budget.

Detail of Specific Revenue Categories
Sales Tax – Sales tax revenues are highly indica�ve of
economic circumstances. The city u�lizes HdL
Companies for sales tax analysis. HdL provided sales tax projec�ons that addressed the impacts of the COVID-
19 pandemic and the state’s stay -at-home order and
they recently released revised budget projec�ons for
the current fiscal year over the summer. As of the mid-
year budget review, b udget currently stands at $ 52.0
million, an increase over the original $11.7 million. This is a projected 444% increase over the adopted sales tax budget, due to a local business’s change in their
business model. Currently, actuals are at 51% of
budget, lower than the expected 75%. This is primarily due to an outstanding $8.0 million true up due for the
2020 fiscal year. The true-up may not be received un�l
the following fiscal year.

Property Tax – Property tax revenues are based solely on the valua�on of property, both secured and unsecured, within the city. Secured property is property including land and buildings; unsecured property includes equipment and machinery. Property tax revenues are typically received in the second half of the fiscal year. As a result, actual revenues are at $2,100,679 or 61% of budget.

Franchise Fees – This category is comprised of regular recurring revenues from solid waste collec�on, cable u�li�es, electric u�li�es, and natural gas u�li�es. Franchise fees are on target at 65% of budget.

Licenses, Fees, and Permits – This category is comprised of construc�on, fire, planning, and building permits and fees, and rental registra�on. Overall, this category is at $1,684,108 or 59% of budget. Contracted services and employee wages drive the fees charged to private developers for planning and building fees, management of these costs has reduced the price of processing development permits in the city. Compared to the prior year the budget for this category has been reduced by approximately 20%. Building and planning developer fees are down significantly compared to the first three quarters of the prior fiscal year; budget is only at 42% and 38% respec�vely. Building fixed fees are at 93% of budget and expected to exceed budget projec�ons. Legal and engineering development fees are slightly above budget at 87% and 79%; encroachment development fees are on target at 60%. Passport services also exceeds budget projec�ons at 80%; passport service demand increased significantly during the pandemic and has con�nued at or above the same level.

Intergovernmental – This category is populated by the Vehicle License in Lieu fees (VLF) . VLF revenues are typically received in the last six months of the fiscal year, 50% within quarter three and the final 50% in quarter 4. As a result, actuals stand at $3,158,707 or 52% of budget. This category is on track to exceed budget es�mates.

Use of Money and Property – This category is populated investment income. Budget was es�mated at $500,000 and actuals are at ($57,916). This is due to a Government Accoun�ng Standards Board (GASB) required accoun�ng entry from the prior year that recognizes the difference in the book and market value of investments, known as unrealized gain or 397
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months, 65% Reported

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 4 loss. Net of unrealized gain, total investment earnings for the first half of the fiscal year stand at $ 348,220, or 70 % of budget.

Transfers In – This category has not been processed yet and stands at 0% of budget; however, we are set to process the full budget amount of $4.4 million in transfers-in to the General Fund.

Overall, General Fund revenues are at $35,600,610 or 49% of budget.

ADDITIONAL INFORMATION ABOUT MAJOR REVENUE SOURCES
Detail Information on General Fund Sales and Property Tax Revenue Categories Sales Tax: Sales tax is the number one revenue source for the General Fund. For every dollar of sales tax paid, only $0.13 is received by the City of Eastvale. The other $0.87 goes to the State General Fund ($0.51), the State Local Revenue Fund ($0.14), Riverside County Transporta�on
Commission ($0.06), a State Local Revenue Fund specific to local health and social services programs ($0.06), State Local Public Safety Fund ($0.06), and the Riverside County
Transporta�on Fund ($0.03). For more informa�on on what agencies receive sales tax revenue go to:
www.cd�a.ca.gov/taxes-and-fees/sut-rates-descrip�on.htm

Property Tax: Property tax is the number four largest revenue source for the city’s General Fund and is the number one revenue source for the city’s Fire Fund. However, like sales tax every dollar of base property tax that a property owner pays only $0.02 is received by the city’s General Fund; another $0.06 is received by the city’s Fire Fund. Over $0.51 goes towards educa�on to the Corona Norco Unified School district, Riverside
Community College, and Riverside County Office of
Educa�on. Riverside County receives $0.29. The
remaining $0.04 goes to several special districts and
flood control administra�on. The property tax revenues
received by the Fire Fund are restricted to Fire Services expenditures.

This breakdown of costs is only for the base property
tax rate. Many Eastvale residents also pay levies for
special assessments, i ncluding special financing
districts, such as landscape ligh�ng maintenance
districts and community facility district s. For more
informa�on about special financing districts in Eastvale go to: www.eastvaleca.gov/government/ finance -
department/special-financing-districts

GENERAL FUND EXPENDITURES
A comparison of the adjusted budget to actual expenditures provides an overview of how actual expenditures compare to the city’s budget. Overall, actual expenditures are at $14,762,047 or 41% of budget.

$0.51 State
General Fund
$0.14 State Local
Revenue Fund
$0.13 EASTVALE
$0.06 RIVCO RCTC
$0.06 State Local Rev
$0.06 State Local Safety
$0.03 RIVCO Transporta�on
For every $1 of paid sales tax, only
13 cents come back to the city.

The remainder is spread among
State and County agencies.
398
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months, 65% Reported

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 5 Detail of Specific Expenditure Categories
Contract Services – This category is the largest
category and includes law enforcement and
contracted services for building and safety, planning,
and public works. Currently, actual expenditures for
the total contract category are $6,157,918 or 41% of
budget; total budget for this category is $ 15.1
million. Actuals in this category are low due to s�ll
outstanding invoices for building, public works, and
law enforcement contract services . The largest
expenditure within this category is the Law
Enforcement contract with Riverside County Sheriff;
budget for law enforcement totals $ 12.3 million.

This category is expected to have significant savings
this fiscal year, as the city will be u�lizing the full
alloca�on o f i t s A P R A S L F R F appor�onment to reimburse for the General Fund for law enforcement
contract costs totaling $7.36 million. This
contribu�on will be one -�me in nature as the city
does not expect to con�nue to be able to offset contract costs into the future. Other major contracts in this category are animal control, crossing guards, and legal services.

Personnel – The personnel category contains the salary and benefit costs for city employees. This category generated actual expenditures at 55% of budget. Staff expects to see a ddi�onal savings in this category due to new posi�ons remaining vacant during recruitment during the fiscal year, including three building inspector posi�ons that remained vacant for the en�re fiscal year. The savings in building personnel will need to be u�lized to offset the contract services overage in building due to the need to contract for inspec�on services while the posi�ons remained vacant.

Opera�ons – Opera�ons is a broad category including supplies, adver�sing, u�li�es, postage and shipping, and janitorial.

Actual expenditures in this category are at $2,109,664 or 48% of budget.

Capital Outlay – Capital outlay consists of office equipment, computer hardware , so�ware, furniture, and fixtures. This category is at $206,818 or 79% of budget due to annual so�ware licenses paid in advance at the start of the fiscal year.

Debt Service – Debt service in the General Fund accounts for the sales tax abatement agreement with Goodman at the Sta�on on the north end of town and revenue neutrality owed to Riverside County. The City Council approved the full payoff of the agreement during the mid-year budget review ; the payoff totaled $2.6 million to Goodman for traffic infrastructure (streets, storm drains, streetlights, signing and striping, and signals) completed by the developer. The city paid off the agreement during the third quarter. Revenue neutrality is another expenditure located in this category. It is based on es�mated tax revenue losses experienced by Riverside County as a result of the city’s incorpora�on, the obliga�on is paid to Riverside County through both the General Fund and the Fire Fund. The debt service category is at 91% of budget, as the revenue neutrality is not paid un�l the end of the fiscal year.

Overall, the General Fund is at $14,762,047 or 41% of expenditure budget.

GENERAL FUND NET REVENUE
The General Fund will likely complete the fiscal year with $ 36.0 million in net revenue, also called a budget surplus (revenue minus expenditures), for the fiscal year 2021-22.

Contract
Services
42%
Transfers Out
19%
Personnel
18%
Operations
12%
Debt Service
8%
Maintenance
1%
Capital Outlay
1%
Expenditure Budget Breakdown
399
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months, 65% Reported

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

FIRE FUND OBSERVATIONS
The city’s Fire Fund contains all revenues and expenditures related to the provision of fire services in the city. The Fire Fund contains restricted property tax revenue for use towards fire services.

Revenues – Major Fire Fund revenue sources include property tax, licenses, permits, and fees, and use of money and property.

Property tax, like the General Fund is primarily received in the second half of the fiscal year. Property tax is currently at 60% of budget as these revenues are typically received in the last seven months of the fiscal year.

Licenses, permits, and fees are at 37% of budget, primarily due to a decrease in fire plan check permits.

Use of money and property is populated by investment income. Budget was es�mated at $9 5,000 and actuals are at ($64,700). This is due to a GASB required accoun�ng entry from the prior year that recognizes the difference in the book and market value of investments. This entry causes overall revenues in the Fire Fund to reflect a lower value than the single category of property tax receipts for the fund.

Overall, Fire Fund revenues are at 57% of budget.

Expenditures – Contract services for
Riverside County Fire stand at $1,447,127 or
23% of budget. As of March 31st, CAL Fire
had only delivered the first quarter invoice
for services.

Maintenance and opera�ons actuals are at
62% and 38% respec�vely. Maintenance and
opera�ons include building maintenance,
vehicle maintenance and fuel, and u�li�es.

Overall, the Fire Fund is at $1,595,596 or 23%
of expenditure budget; this is mainly due to
only three months of fire services having
been paid as of the March 31st.

Net Revenue – The Fire Fund is projected to
complete the fiscal year with $679,447 in net revenue, also called a budget surplus, for the fiscal year 2021-22.

OTHER FUND OBSERVATIONS
The city’s other funds consist of special revenue funds and two funds solely consis�ng of General Fund contribu�ons, the Capital Projects Fund and the Debt Service Fund. These two funds were created in order to track capital projects funded by the General Fund and debt.

SPECIAL REVENUE FUNDS
Gas Tax – Fuel sales have increased in the city and statewide compared to the prior year, fuel taxes con�nue to be received at almost the same level compared to the prior fiscal year, revenue actuals are $ 1,071,240 or 62% of budget. Gas taxes are collected and allocated to local governments from the State of California pursuant to sec�on 2103 of California Streets and Highways code. Appor�onments are based on the city’s popula�on, vehicle registra�ons, and maintained street miles.

Fire Fund Overview
9-Months Ended March 31, 2022
General Fund
Overview
Adjusted
Budget
Actual
Ac�vity
%
Revenues 7,571,931 4,340,673 57%
Expenditures 6,892,484 1,595,596 23%
Surplus (Deficit) 679,447 2,745,077
0 1
2 3
4 5
6 7
8 9
2019-20 Actuals 2020-21 Actuals 2021-22 Budget 2021-22 Actuals To- Date
Millions
Year-by-Year Revenue and Expenditures
Revenue Expenditure
400
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months, 65% Reported

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 7 Expenditures in this fund are restricted for use towards streets or roads. Expenditures in this fund are at 16% of budget for a total of $ 574,418. Capital improvement projects are u�lizing built up fund balance (savings) in this fund to cover project costs that exceed current year revenues.

A Note Regarding Government Accounting and Budgeting
Most government funds and budgets are managed using a method called “modified accrual” accoun�ng. Modified accrual means that governmental funds are managed on a cash basis throughout the year. At year-end accruals are processed to ensure revenues and expenditures are recorded in the appropriate fiscal year in which the transac�ons actually occurred. This method applies to all the city’s funds (General Fund and Special Revenue funds).

As an illustra�on, revenue is recorded as it is received throughout the fiscal year (cash basis). The majority of General Fund revenues are received sporadically throughout the year, and most is received or accrued in the final nine months of the fiscal year. Meanwhile, expenditures con�nue each month, regardless of whether revenues have been received. This circumstance highlights the importance of maintaining an adequat e opera�ng reserve that allows for cash flow needs throughout the fiscal year, especially during months in which some revenues categories are not received.

401
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months General Fund Summary by Category
Restated
Audited
Actuals
Restated
Unaudited
Actuals
Adjusted
Budget Actuals
Amount
Over(Under)
Budget
Description 2019-20 2020-21 2021-22 3/31/2022 2021-22

GENERAL FUND
Revenues
Property Taxes 3,060,578$ 3,526,028$ 3,445,652$ 2,100,679$ 61% (1,344,973)$ Sales & Use Tax 9,609,575 28,120,058 52,000,000 26,656,666 51% (25,343,334) Franchise Fees 1,544,629 5,937,579 1,647,000 1,077,241 65% (569,759) Property Transfer Tax - 0 0 0 0% - License, Permits & Fees 3,314,589 2,885,193 2,840,010 1,684,108 59% (1,155,902) Fines, Penalties & Forfeitures 840,981 583,856 490,000 268,474 55% (221,526) Intergovernmental 6,097,008 5,804,854 6,099,611 3,158,707 52% (2,940,904) Use of Money & Property 404,957 1,102,678 500,000 (57,916) -12% (557,916) Miscellaneous 86,322 237,295 716,500 712,651 99% (3,849) Transfers In 22,109 17,886 4,450,137 0 0% (4,450,137) Total General Fund Revenues 24,980,747 48,215,427 72,188,910 35,600,610 49% (36,588,300) Expenditures
Salaries 1,602,094$ 2,642,258$ 4,882,410$ 2,748,039$ 56% (2,134,371)$ Benefits 619,372 1,081,972 1,611,200 864,027 54% (747,173) Contract Services 11,313,967 12,106,951 15,160,659 6,157,918 41% (9,002,741) Maintenance 76,022 105,619 256,646 116,456 45% (140,190) Operations 3,640,764 2,644,003 4,394,689 2,109,664 48% (2,285,025) Capital Outlay 3,848,709 242,536 260,394 206,818 79% (53,576) Debt Service - 1,128,129 2,816,550 2,559,045 91% (257,505) Transfers Out 1,000,000 1,989,214 6,750,668 81 0% (6,750,587) Total General Fund Expenditures 22,100,929 21,940,681 36,133,217 14,762,047 41% (21,371,169) NET REVENUE 2,879,818 26,274,745 36,055,693 20,838,563 (15,217,131)

OTHER PURPOSE GENERAL FUNDS

RESTRICTED STRUCTURAL FIRE FUND
Revenues
Property Taxes (Restricted for Fire Services) 6,345,925$ 7,289,292$ 7,298,931$ 4,345,140$ 60% (2,953,791)$ Sales & Use Tax - 0 0 0 0 -
Franchise Fees - 0 0 0 0 -
Other Taxes - 0 0 0 0 -
License, Permits & Fees 190,457 154,718 165,000 60,232 37% (104,768) Fines, Penalties & Forfeitures 13,906 25,979 13,000 0 0% (13,000) Intergovernmental - 0 0 0 0 -
Use of Money & Property 132,387 2,927 95,000 (64,700) -68% (159,700) Miscellaneous - 0 0 0 0 -
Transfers - 167,660 0 0 0 -
Total Fire Fund Revenues 6,682,675 7,640,575 7,571,931 4,340,673 57% (3,231,258) Expenditures
Salaries -$ 797$ -$ 808$ 0 808$ Benefits - 107 0 0 0 -
Contract Services 4,121,443 5,463,946 6,213,787 1,447,127 23% (4,766,660) Maintenance 22,295 52,275 52,364 32,225 62% (20,138) Operations 111,064 78,136 283,834 108,036 38% (175,798) Capital Outlay - 0 85,000 7,400 9% (77,600) Debt Service 481,929 252,432 257,500 0 0% (257,500) Transfers Out - 0 0 0 0 -
% Budget
Used
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 402
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months General Fund Summary by Category
Restated
Audited
Actuals
Restated
Unaudited
Actuals
Adjusted
Budget Actuals
Amount
Over(Under)
Budget
Description 2019-20 2020-21 2021-22 3/31/2022 2021-22
% Budget
Used
Total General Fund Expenditures 4,736,731 5,847,693 6,892,484 1,595,596 23% (5,296,888) NET REVENUE 1,945,944 1,792,882 679,447 2,745,077 2,065,630 City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 403
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months General Fund Summary by Departments
Restated
Audited Actuals
Restated
Unaudited
Actuals
Adjusted
Budget Actuals
Amount
Over(Under)
Budget
Description 2019-20 2020-21 2021-22 3/31/2022 2021-22

GENERAL FUND
Revenues
General Services
Non Departmental 20,123,803$ 44,774,936$ 68,257,900$ 33,350,825$ 49% (34,907,075)$ City Clerk 20,532 42,702 41,000 33,464 82% (7,536) City Manager 3,000 6,056 6,000 200 3% (5,800) Finance 131,845 160,501 176,650 75,415 43% (101,235) General Government - - - - 0% - Subtotal General Services 20,279,180 44,984,194 68,481,550 33,459,903 49% (35,021,647) Community Development
Community Development 1,422,969$ 442,340$ 2,139,360$ 1,196,398$ 56% (942,962)$ Subtotal Community Development 1,422,969 442,340 2,139,360 1,196,398 56% (942,962) Community Safety
Community Safety 2,303,231$ 2,154,008$ 1,003,500$ 631,548$ 63% (371,952)$ Subtotal Community Safety 2,303,231 2,154,008 1,003,500 631,548 63% (371,952) Public Safety
Public Safety 975,367$ 634,885$ 564,500$ 312,760$ 55% (251,740)$ Subtotal Public Safety 975,367 634,885 564,500 312,760 55% (251,740) Total General Fund Revenues 24,980,747 48,215,427 72,188,910 35,600,610 49% (36,588,300) Expenditures
General Services
100 City Council 290,786$ 133,393$ 215,695$ 159,724$ 74% (55,971)$ 110 City Attorney 328,893 299,975 390,000 167,475 43% (222,525) 120 City Clerk 405,178 420,701 532,926 268,944 50% (263,981) 200 City Manager 1,024,849 613,963 719,406 453,994 63% (265,412) 210 Finance 707,733 708,666 1,146,785 710,247 62% (436,538) 220 Talent Attraction and Development 291,895 485,963 640,266 436,831 68% (203,435) 230 Risk Management 78,667 164,653 439,460 249,432 57% (190,028) 240 Information Technology 403,439 411,918 281,012 183,008 65% (98,004) 260 Communications 5,051 253,125 351,246 438,773 125% 87,527 290 General Government 4,526,798 3,533,020 10,274,472 3,049,125 30% (7,225,346) 295 Building Maintenance 752,448 357,011 572,937 301,451 53% (271,486) 720 Events - 0 664,359 125,044 19% (539,315) Subtotal General Services 8,815,735 7,382,389 16,228,564 6,544,049 40% (9,684,515) Community Development
301 Administration 6,619$ 562,236$ 1,322,778$ 718,831$ 54% (603,948)$ 300 Planning 1,212,827 541,489 812,907 369,386 45% (443,521) 320 Engineering 125,097 504,724 1,832,019 830,956 45% (1,001,064) 500 Public Works 247,268 415,523 736,293 260,404 35% (475,889) Subtotal Community Development 1,591,811 2,023,972 4,703,997 2,179,576 46% (2,524,421) Community Safety
311 Administration -$ -$ 282,686$ 1,206$ 0% (281,480)$ 310 Building Safety 2,237,505 2,122,378 1,244,509 677,506 54% (567,004) 330 Community Enhancement & Safety 726,192 663,285 983,621 530,525 54% (453,097) Subtotal Community Safety 2,963,697 2,785,663 2,510,817 1,209,236 48% (1,301,581) % Budget
Used
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 404
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months General Fund Summary by Departments
Restated
Audited Actuals
Restated
Unaudited
Actuals
Adjusted
Budget Actuals
Amount
Over(Under)
Budget
Description 2019-20 2020-21 2021-22 3/31/2022 2021-22
% Budget
Used
Public Safety
400 Law Enforcement 8,424,368$ 9,557,446$ 12,302,638$ 4,643,945$ 38% (7,658,693)$ 430 Animal Control 229,552 167,648 290,000 131,133 45% (158,867) 440 Crossing Guards 75,765 23,563 97,200 54,107 56% (43,093) Subtotal Public Safety 8,729,686 9,748,658 12,689,838 4,829,186 38% (7,860,652) Total General Fund Expenditures 22,100,929 21,940,681 36,133,217 14,762,047 41% (21,371,169) TOTAL NET REVENUE 2,879,818 26,274,745 36,055,693 20,838,563 (15,217,131)

OTHER PURPOSE GENERAL FUNDS

RESTRICTED STRUCTURAL FIRE FUND
Revenues
Property Taxes (Restricted for Fire Serv 6,345,925$ 7,289,292$ 7,298,931$ 4,345,140$ 60% (2,953,791)$ Sales & Use Tax - - - - 0 - Franchise Fees - - - - 0 - Other Taxes - - - - 0 - License, Permits & Fees 190,457 154,718 165,000 60,232 37% (104,768) Fines, Penalties & Forfeitures 13,906 25,979 13,000 - 0% (13,000) Intergovernmental - - - - 0 - Use of Money & Property 132,387 2,927 95,000 (64,700) -68% (159,700) Miscellaneous - - - - 0 - Transfers - 167,660 - - 0 - Total Fire Fund Revenues 6,682,675 7,640,575 7,571,931 4,340,673 57% (3,231,258) Expenditures
Public Safety
290 General Government 481,929$ 253,044$ 257,500$ -$ 0% (257,500)$ 295 Building Maintenance - 15,032 196,747 135,188 69% (61,559) 320 Engineering - 256 0 808 0% 808 420 Fire Services 4,254,802 5,579,360 6,438,238 1,459,601 23% (4,978,637) Total Fire Fund Expenditures 4,736,731 5,847,693 6,892,484 1,595,596 23% (5,296,888) TOTAL FIRE FUND NET REVENUE 1,945,944 1,792,882 679,447 2,745,077 2,065,630 City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 405
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months General Fund Operating Summary
Restated
Audited
Actuals
Restated
Unaudited
Actuals
Adjusted
Budget Actuals
Amount
Over(Under)
Budget
Description 2019-20 2020-21 2021-22 3/31/2022 2021-22

GENERAL FUND
Operating Revenues
Property Taxes 3,189,147$ 3,526,028$ 3,445,652$ 2,100,679$ 61% (1,344,973)$ Sales & Use Tax 10,348,979 28,120,058 11,700,000 26,656,666 228% 14,956,666 Franchise Fees 1,644,840 5,937,579 1,647,000 1,077,241 65% (569,759) Property Transfer Tax - - 0 - 0% - License, Permits & Fees 3,181,576 2,885,193 2,840,010 1,684,108 59% (1,155,902) Fines, Penalties & Forfeitures 647,721 583,856 490,000 268,474 55% (221,526) Intergovernmental 6,301,448 5,804,854 6,099,611 3,158,707 52% (2,940,904) Use of Money & Property 1,576,335 1,102,678 500,000 (57,916) -12% (557,916) Miscellaneous 488,523 237,295 716,500 712,651 99% (3,849) Transfers In 631,506 17,886 283,287 - 0% (283,287) Total General Fund Operating Revenues 28,010,076 48,215,427 27,722,060 35,600,610 128% 7,878,550 Operating Expenditures
Salaries 2,319,254$ 2,642,258$ 4,882,410$ 2,748,039$ 56% (2,134,371)$ Benefits 839,191 1,081,972 1,611,200 864,027 54% (747,173) Staff Development - - 0 - 0% - Contract Services 12,590,458 12,106,951 15,160,659 6,157,918 41% (9,002,741) Maintenance 145,799 105,619 256,646 116,456 45% (140,190) Operations 3,202,635 2,644,003 4,394,689 2,109,664 48% (2,285,025) Capital Outlay 958,270 242,536 260,394 206,818 79% (53,576) Debt Service 1,314,367 1,128,129 957,500 2,559,045 267% 1,601,545 Transfers Out 468,699 469,214 602,564 81 0% (602,483) Total General Fund Expenditures 21,838,673 20,420,681 28,126,063 14,762,047 52% (13,364,015) NET OPERATING REVENUE 6,171,403 27,794,745 (404,003) 20,838,563 Non-Operating Revenues
Franchise Fees -$ $4,000,000 40,300,000$ -$ 0% (40,300,000)$ Miscellaneous GASB 87 - 956,618 - - 0% - Use of Money and Property - (761,631) - (406,136) 0% (406,136) Transfers In (ARPA) - - 4,166,850 - 0% (4,166,850) Total General Fund Non-Operating Revenues - $4,194,987 44,466,850 (406,136) -1% (44,872,986) Non-Operating Expenditures
Capital Outlay GASB 87 -$ 956,618$ -$ -$ 0% -$ Debt Service (Tarpon Properties Payoff) - - 1,859,050 0% (1,859,050) Transfers Out (Streetlight Payoff) - 2,330 4,197,585 - 0% (4,197,585) Transfers Out (CIP) 912,540 1,520,000 1,950,519 - 0% (1,950,519) Total General Fund Non-Operating Expenditures 912,540 2,478,948 8,007,154 - 0% (8,007,154) NET NON-OPERATING REVENUE (912,540) 1,716,039 36,459,696 (406,136) %
Budget
Used
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 406
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months General Fund Operating Summary
Restated
Audited
Actuals
Restated
Unaudited
Actuals
Adjusted
Budget Actuals
Amount
Over(Under)
Budget
Description 2019-20 2020-21 2021-22 3/31/2022 2021-22
%
Budget
Used

OTHER PURPOSE GENERAL FUNDS

RESTRICTED STRUCTURAL FIRE FUND
Operating Revenues
Property Taxes (Restricted for Fire Services) 6,345,925$ 7,289,292$ 7,298,931$ 4,345,140$ 60% (2,953,791)$ Sales & Use Tax - 0 0 0 0% -
Franchise Fees - 0 0 0 0% -
Other Taxes - 0 0 0 0% -
License, Permits & Fees 190,457 154,718 165,000 60,232 37% (104,768) Fines, Penalties & Forfeitures 13,906 25,979 13,000 0 0% (13,000) Intergovernmental - 0 0 0 0% -
Use of Money & Property 132,387 2,927 95,000 (64,700) -68% (159,700) Miscellaneous - 0 0 0 0% -
Transfers - 167,660 0 0 0% -
Total Fire Fund Revenues 6,682,675 7,640,575 7,571,931 4,340,673 57% (3,231,258) Operating Expenditures
Salaries -$ 797$ -$ 808$ 0% 808$ Benefits - 107 0 0 0% -
Staff Development - 0 0 0 0% -
Contract Services 4,121,443 5,463,946 6,213,787 1,447,127 23% (4,766,660) Maintenance 22,295 52,275 52,364 32,225 62% (20,138) Operations 111,064 78,136 283,834 108,036 38% (175,798) Capital Outlay - 0 85,000 7,400 9% (77,600) Debt Service 481,929 252,432 257,500 0 0% (257,500) Transfers Out - 0 0 0 0% -
Subtotal General Fund Expenditures 4,736,731 5,847,693 6,892,484 1,595,596 23% (5,296,888) NET OPERATING REVENUE 1,945,944 1,792,882 679,447 2,745,077 City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 407
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months Other Funds Summary
*Data includes transfers
Restated
Audited
Actuals
Restated
Unaudited
Actuals
Adjusted
Budget Actuals
Difference,
Budget Versus
Actuals
Description 2019-20 2020-21 2021-22 3/31/2022 2021-22

OTHER FUNDS
Revenues
200 Gas Tax 1,384,225$ 1,437,826$ 1,730,150$ 1,071,240$ 62% (658,910)$ 205 SB1 1,189,225 1,228,573 1,299,400 781,149 60% (518,251) 206 Area Drainage Plan (ADP) - (2,060) 8,000 (4,122) -52% (12,122) 210 Measure A 1,547,055 1,834,932 1,507,000 740,552 49% (766,448) 211 TDA Fund - - 432,500 - 0% (432,500) 220 AQMD 88,123 91,756 150,865 94,423 63% (56,443) 230 Grants: Law Enforcement Grants - - - - 0% - 240 Grants: Miscellaneous Grants Fund 1,672,558 390,183 2,679,750 194,612 7% (2,485,138) 241 Grants: Coronavirus Relief Fund - 788,813 - - 0% - 242 Grants: American Rescue Plan Act Fund - - 3,680,110 3,680,110 100% - 243 Public, Educational, or Governmental Access Fund - 515 500 1,369 274% 869 250 Grants: Community Development Block Grant 275,889 - 165,000 - 0% (165,000) 260 Local Law Enforcement Services 148,781 157,695 120,000 111,828 93% (8,172) 270 TUMF Reimbursement Fund - - - - 0% - 290 Transportation DIF 146,283 115,440 192,500 118,079 61% (74,421) 291 Fire DIF 74,699 54,388 76,000 44,509 59% (31,491) 292 Public Facilities DIF 131,970 397,553 551,500 53,992 10% (497,508) 293 Road and Bridge Benefit District 45,299 84,487 80,000 (29,410) -37% (109,410) 300 LLMD 89-1 Zone 10 2,944 3,188 3,820 1,910 50% (1,910) 301 LLMD 89-1 Zone 33 24,355 (21,661) 2,670 557 21% (2,113) 302 LLMD 89-1 Zone 41 171,506 188,123 188,248 85,939 46% (102,309) 303 LLMD 89-1 Zone 79 2,588 2,367 2,750 1,354 49% (1,396) 304 LLMD 89-1 Zone 85 8,099 1,091 3,110 1,379 44% (1,731) 305 LLMD 89-1 Zone 111 23,719 25,513 26,070 11,730 45% (14,340) 306 LLMD 89-1 Zone 115 3,383 2,807 3,720 2,183 59% (1,537) 307 LLMD 89-1 Zone 116 8,004 8,553 8,933 3,900 44% (5,033) 308 LLMD 89-1 Zone 147 1,901 198 1,553 803 52% (750) 309 LLMD 89-1 Zone 151 5,904 6,393 7,660 5,297 69% (2,363) 310 LLMD 89-1 Zone 156 4,433 4,722 5,750 3,340 58% (2,411) 311 Benefit Assessment District 2014-2 4,676 4,776 12,494 2,957 24% (9,537) 312 LLMD 2014-1 3,448 3,781 19,406 2,565 13% (16,841) 313 LLMD 2014-3 2,958 3,313 8,370 2,084 25% (6,286) 314 LLMD 2014-4 1,828 2,078 6,920 1,216 18% (5,704) 315 Community Facilities District 2019-1 - 9,284 6,000 5,313 89% (687) 400 Community Facilities District 2017-1 50,730 73,612 34,400 38,543 112% 4,143 401 Community Facilities District 2017-2 - 33,308 17,700 21,746 123% 4,046 402 Community Facilities District 2020-1 - 72,863 36,100 28,261 78% (7,839) 403 LMD 98-2 ORIGINAL - - - - 0% - 404 LMD 98-2 ANNEX 01/Zone A - - - - 0% - 405 LMD 98-2 ANNEX 02/Zone B - - - - 0% - 406 LMD 98-2 ANNEX 03/Zone C - - - - 0% - 407 LMD 98-2 ANNEX 04/Zone D - - - - 0% - 408 LMD 98-2 ANNEX 06/Zone F - - - - 0% - 409 LMD 2001-1 Zone G - - - - 0% - 410 LMD 2001-1 Zone S 4 - - (0) 0% (0) 411 LMD 2001-1 Zone W - - - - 0% - 412 LMD 2001-2 Zone A - - - - 0% - 413 LMD 2001-2 Zone B - - - - 0% - 414 LMD 2001-2 Zone C - - - - 0% - % Budget
Used
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 408
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months Other Funds Summary
*Data includes transfers
Restated
Audited
Actuals
Restated
Unaudited
Actuals
Adjusted
Budget Actuals
Difference,
Budget Versus
Actuals
Description 2019-20 2020-21 2021-22 3/31/2022 2021-22
% Budget
Used
415 LMD 2001-2 Zone D - - - - 0% - 416 LMD 2001-2 Zone F - - - - 0% - 417 LMD 2001-2 Zone G - - - - 0% - 418 LMD 2001-2 Zone H - - - - 0% - 419 LMD 2001-2 Zone J - - - - 0% - 420 LMD 2001-2 Zone K 4 0 - (0) 0% (0) 421 LMD 2001-2 Zone M - - - - 0% - 422 LMD 2001-3 Zone A - - - - 0% - 423 LMD 2001-3 Zone B - - - - 0% - 424 LMD 2001-3 Zone C - - - - 0% - 425 LMD 2001-3 Zone D - - - - 0% - 426 LMD 2001-3 Zone E - - - - 0% - 427 LMD 2001-3 Zone F - - - - 0% - 428 LMD 2001-3 Zone G - - - - 0% - 429 LMD 2001-3 Zone H - - - - 0% - 430 LMD 2001-3 Zone I 2 (0) - (0) 0% (0) 431 LMD 2001-3 Zone J - - - - 0% - 432 LMD 2001-3 Zone K - - - - 0% - 433 LMD 2001-3 Zone L - - - - 0% - 434 LMD 2001-3 Zone M - - - - 0% - 435 LMD 2001-3 Zone N - - - - 0% - 436 LMD 2001-3 Zone O - - - - 0% - 437 LMD 2001-3 Zone P - - - - 0% - 438 LMD 2001-3 Zone Q - - - - 0% - 439 LMD 2001-3 Zone R - - - - 0% - 440 LMD 2001-3 Zone S 3 0 - - 0% - 441 LMD 2001-3 Zone T - - - - 0% - 442 LMD 2001-3 Zone U - - - - 0% - 443 LMD 2001-3 Zone V - - - - 0% - 444 LMD 2001-3 Zone W - - - - 0% - 445 LMD 2001-3 Zone X - - - - 0% - 446 LMD 2001-3 Zone Y - - - - 0% - 447 LMD 2001-3 Zone Z - - - - 0% - 448 LMD 2001-3 Zone AA - - - - 0% - 449 LMD 2001-3 Zone BB - - - - 0% - 450 LMD 2001-3 Zone CC - - - - 0% - 451 LMD 2001-3 Zone DD - - - - 0% - 452 LMD 2001-3 Zone EE - - - - 0% - 453 LMD 2001-3 Zone FF - - - - 0% - 454 LMD 2001-3 Zone GG - - - - 0% - 455 LMD 2001-3 Zone HH - - - - 0% - 456 LMD 2001-3 Zone II - - - - 0% - 457 LMD 2001-3 Zone JJ - - - - 0% - 458 LMD 2001-3 Zone KK - - - - 0% - 459 LMD 2001-3 Zone LL - - - - 0% - 460 LMD 2001-3 Zone MM - - - - 0% - 461 LMD 2001-3 Zone NN - - - - 0% - 462 LMD 2001-3 Zone OO - - - - 0% - 463 LMD 2001-3 Zone PP - - - - 0% - 464 LMD 2001-3 Zone QQ - - - - 0% - 465 LMD 2001-3 Zone RR - - - - 0% - 466 LMD 2001-3 Zone SS - - - - 0% - City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 409
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months Other Funds Summary
*Data includes transfers
Restated
Audited
Actuals
Restated
Unaudited
Actuals
Adjusted
Budget Actuals
Difference,
Budget Versus
Actuals
Description 2019-20 2020-21 2021-22 3/31/2022 2021-22
% Budget
Used
467 LMD 2001-3 Zone TT - - - - 0% - 468 LMD 2001-3 Zone UU - - - - 0% - 469 LMD 2001-3 Zone VV - - - - 0% - 470 LMD 2001-3 Zone WW - - - - 0% - 471 LMD 2001-3 Zone XX - - - - 0% - 472 LMD 2001-3 Zone YY - - - - 0% - 473 LMD 2001-3 Zone ZZ - - - - 0% - 474 LMD 2001-3 Zone AAA - - - - 0% - 475 LMD 2001-3 Zone BBB - - - - 0% - 476 LMD 2001-3 Zone CCC - - - - 0% - 477 LMD 2001-3 Zone DDD - - - - 0% - 478 LMD 2001-3 Zone EEE - - - - 0% - 479 LMD 2001-3 Zone FFF - - - - 0% - 480 LMD 2001-3 Zone GGG - - - - 0% - 481 LMD 2001-3 Zone HHH - - - - 0% - 482 LMD 2001-3 Zone III - - - - 0% - 483 LMD 2001-3 Zone JJJ - - - - 0% - 484 LMD 2001-3 Zone LLL - - - - 0% - 485 LMD 2001-3 Zone MMM - - - - 0% - 486 Illumination District No 2 Subarea 35 - - - - 0% - 487 Illumination District No 2 Subarea 42 - - - - 0% - 488 Illumination District No 2 Subarea 46 - - - - 0% - 489 Illumination District No 2 Subarea 49 - - - - 0% - 490 Illumination District No 2 Subarea 55 - - - - 0% - 500 Debt Service - 468,699 4,277,633 - 0% (4,277,633) 600 Capital Projects 5,491,640 1,520,007 2,054,019 90,111 4% (1,963,908) 700 Information Technology - - 388,652 - 0% (388,652) Total Other Fund Revenues 12,516,237 8,993,118 19,789,253 7,169,517 36% (12,231,084) Expenditures
200 Gas Tax 3,245,223$ 4,240,697$ 3,488,576$ 574,418$ 16% (2,914,158)$ 205 SB1 1,101,096 1,334,718 1,781,474 86,565 5% (1,694,909) 206 Area Drainage Plan (ADP) - 487 300,000 - 0% (300,000) 210 Measure A 2,643,996 604,674 3,676,549 996,371 27% (2,680,178) 211 TDA Fund - - 432,500 - 0% (432,500) 220 AQMD 57,592 25,430 71,722 107,818 150% 36,096 230 Law Enforcement Grants - - - - 0% - 240 Grants: Miscellaneous Grants Fund 494,682 375,658 2,721,652 153,964 6% (2,567,688) 241 Grants: Coronavirus Relief Fund - 788,813 - - 0% - 242 Grants: American Rescue Plan Act Fund - - 4,166,850 - 0% (4,166,850) 243 Public, Educational, or Governmental Access Fund - - - - 0% - 250 Grants: Community Development Block Grant 518,685 - 100,000 - 0% (100,000) 260 Local Law Enforcement Services 106,230 157,746 - - 0% - 270 TUMF Reimbursement Fund - 263,986 2,000,000 199,556 10% (1,800,444) 290 Transportation DIF 4,589 92 3,850 - 0% (3,850) 291 Fire DIF 2,405 - 1,520 - 0% (1,520) 292 Public Facilities DIF 3,020,708 656,148 11,030 - 0% (11,030) 293 Road and Bridge Benefit District - 160,802 240,000 1,149 0% (238,851) 300 LLMD 89-1 Zone 10 1,759 1,414 1,642 59 4% (1,583) 301 LLMD 89-1 Zone 33 2,722 334 982 104 11% (878) 302 LLMD 89-1 Zone 41 13,616 15,601 169,650 20,092 12% (149,558) 303 LLMD 89-1 Zone 79 1,314 1,430 2,505 1,873 75% (632) City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 410
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months Other Funds Summary
*Data includes transfers
Restated
Audited
Actuals
Restated
Unaudited
Actuals
Adjusted
Budget Actuals
Difference,
Budget Versus
Actuals
Description 2019-20 2020-21 2021-22 3/31/2022 2021-22
% Budget
Used
304 LLMD 89-1 Zone 85 111 151 2,890 93 3% (2,797) 305 LLMD 89-1 Zone 111 11,039 10,954 23,925 8,016 34% (15,909) 306 LLMD 89-1 Zone 115 8,084 7,143 5,820 6,853 118% 1,033 307 LLMD 89-1 Zone 116 3,370 3,786 4,220 3,125 74% (1,095) 308 LLMD 89-1 Zone 147 2,706 3,026 2,675 2,141 80% (534) 309 LLMD 89-1 Zone 151 13,141 14,884 11,535 6,284 54% (5,251) 310 LLMD 89-1 Zone 156 10,999 8,991 9,530 4,382 46% (5,148) 311 Benefit Assessment District 2014-2 2,938 3,233 12,505 3,238 26% (9,267) 312 LLMD 2014-1 1,981 2,187 19,190 2,002 10% (17,188) 313 LLMD 2014-3 2,150 2,374 7,760 2,229 29% (5,531) 314 LLMD 2014-4 818 909 6,560 625 10% (5,935) 315 Community Facilities District 2019-1 17,223 3,208 2,620 2,746 105% 126 400 Community Facilities District 2017-1 767 3,282 9,400 2,669 28% (6,731) 401 Community Facilities District 2017-2 767 17,709 25,300 11,813 47% (13,487) 402 Community Facilities District 2020-1 1,534 10,258 90,713 40,061 44% (50,652) 404 LMD 98-2 ANNEX 01/Zone A - - - 304 0% 304 405 LMD 98-2 ANNEX 02/Zone B - - - 214 0% 214 406 LMD 98-2 ANNEX 03/Zone C - - - 2,277 0% 2,277 407 LMD 98-2 ANNEX 04/Zone D - - - 476 0% 476 408 LMD 98-2 ANNEX 06/Zone F - - - 634 0% 634 409 LMD 2001-1 Zone G - - - 516 0% 516 410 LMD 2001-1 Zone S - - - 22 0% 22 411 LMD 2001-1 Zone W - - - 59 0% 59 412 LMD 2001-2 Zone A - - - 316 0% 316 413 LMD 2001-2 Zone B - - - 448 0% 448 414 LMD 2001-2 Zone C - - - 446 0% 446 415 LMD 2001-2 Zone D - - - 39 0% 39 416 LMD 2001-2 Zone F - - - 297 0% 297 417 LMD 2001-2 Zone G - - - 91 0% 91 418 LMD 2001-2 Zone H - - - 233 0% 233 419 LMD 2001-2 Zone J - - - 758 0% 758 420 LMD 2001-2 Zone K - - - 495 0% 495 421 LMD 2001-2 Zone M - - - 31 0% 31 422 LMD 2001-3 Zone A - - - 69 0% 69 423 LMD 2001-3 Zone B - - - 302 0% 302 424 LMD 2001-3 Zone C - - - 173 0% 173 425 LMD 2001-3 Zone D - - - 161 0% 161 426 LMD 2001-3 Zone E - - - 378 0% 378 427 LMD 2001-3 Zone F - - - 844 0% 844 428 LMD 2001-3 Zone G - - - 17 0% 17 429 LMD 2001-3 Zone H - - - 256 0% 256 430 LMD 2001-3 Zone I - - - 199 0% 199 431 LMD 2001-3 Zone J - - - 1,075 0% 1,075 432 LMD 2001-3 Zone K - - - 304 0% 304 433 LMD 2001-3 Zone L - - - 487 0% 487 434 LMD 2001-3 Zone M - - - 374 0% 374 435 LMD 2001-3 Zone N - - - 618 0% 618 436 LMD 2001-3 Zone O - - - 1,428 0% 1,428 437 LMD 2001-3 Zone P - - - 53 0% 53 438 LMD 2001-3 Zone Q - - - 292 0% 292 439 LMD 2001-3 Zone R - - - 156 0% 156 440 LMD 2001-3 Zone S - - - 42 0% 42 City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 411
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months Other Funds Summary
*Data includes transfers
Restated
Audited
Actuals
Restated
Unaudited
Actuals
Adjusted
Budget Actuals
Difference,
Budget Versus
Actuals
Description 2019-20 2020-21 2021-22 3/31/2022 2021-22
% Budget
Used
441 LMD 2001-3 Zone T - - - 63 0% 63 442 LMD 2001-3 Zone U - - - 429 0% 429 443 LMD 2001-3 Zone V - - - 325 0% 325 444 LMD 2001-3 Zone W - - - 478 0% 478 445 LMD 2001-3 Zone X - - - 161 0% 161 446 LMD 2001-3 Zone Y - - - 45 0% 45 447 LMD 2001-3 Zone Z - - - 72 0% 72 448 LMD 2001-3 Zone AA - - - 80 0% 80 449 LMD 2001-3 Zone BB - - - 55 0% 55 450 LMD 2001-3 Zone CC - - - 42 0% 42 451 LMD 2001-3 Zone DD - - - 467 0% 467 452 LMD 2001-3 Zone EE - - - 479 0% 479 453 LMD 2001-3 Zone FF - - - 242 0% 242 454 LMD 2001-3 Zone GG - - - 572 0% 572 455 LMD 2001-3 Zone HH - - - 121 0% 121 456 LMD 2001-3 Zone II - - - 98 0% 98 457 LMD 2001-3 Zone JJ - - - 205 0% 205 458 LMD 2001-3 Zone KK - - - 38 0% 38 459 LMD 2001-3 Zone LL - - - 244 0% 244 460 LMD 2001-3 Zone MM - - - 82 0% 82 461 LMD 2001-3 Zone NN - - - 130 0% 130 462 LMD 2001-3 Zone OO - - - 144 0% 144 463 LMD 2001-3 Zone PP - - - 148 0% 148 464 LMD 2001-3 Zone QQ - - - 180 0% 180 465 LMD 2001-3 Zone RR - - - 79 0% 79 466 LMD 2001-3 Zone SS - - - 472 0% 472 467 LMD 2001-3 Zone TT - - - 163 0% 163 468 LMD 2001-3 Zone UU - - - 85 0% 85 469 LMD 2001-3 Zone VV - - - 49 0% 49 470 LMD 2001-3 Zone WW - - - 62 0% 62 471 LMD 2001-3 Zone XX - - - 201 0% 201 472 LMD 2001-3 Zone YY - - - 20 0% 20 473 LMD 2001-3 Zone ZZ - - - 500 0% 500 474 LMD 2001-3 Zone AAA - - - 87 0% 87 475 LMD 2001-3 Zone BBB - - - 362 0% 362 476 LMD 2001-3 Zone CCC - - - 270 0% 270 477 LMD 2001-3 Zone DDD - - - 713 0% 713 478 LMD 2001-3 Zone EEE - - - 473 0% 473 479 LMD 2001-3 Zone FFF - - - - 0% - 480 LMD 2001-3 Zone GGG - - - 433 0% 433 481 LMD 2001-3 Zone HHH - - - 210 0% 210 482 LMD 2001-3 Zone III - - - 94 0% 94 483 LMD 2001-3 Zone JJJ - - - 1,001 0% 1,001 484 LMD 2001-3 Zone LLL - - - 252 0% 252 485 LMD 2001-3 Zone MMM - - - 111 0% 111 486 Illumination District No 2 Subarea 35 - - - 177 0% 177 487 Illumination District No 2 Subarea 42 - - - 126 0% 126 488 Illumination District No 2 Subarea 46 - - - 36 0% 36 489 Illumination District No 2 Subarea 49 - - - 175 0% 175 490 Illumination District No 2 Subarea 55 - - - 185 0% 185 500 Debt Service - 467,960 4,277,632 - 0% (4,277,632) 600 Capital Projects 5,159,176 609,510 3,961,000 613,372 15% (3,347,628) City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 412
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months Other Funds Summary
*Data includes transfers
Restated
Audited
Actuals
Restated
Unaudited
Actuals
Adjusted
Budget Actuals
Difference,
Budget Versus
Actuals
Description 2019-20 2020-21 2021-22 3/31/2022 2021-22
% Budget
Used
700 Information Technology - - - 42,309 0% 42,309 Total Other Fund Expenditures 16,451,422 9,797,596 27,643,778 2,920,049 11% (24,766,037) City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 413
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months Available Resources Summary
Restated Audited
Fund Balance
Restated
Unaudited Fund
Balance
Adjusted
Revenue Budget
Adjusted
Expenditure
Budget
Estimated
Available Balance
Fund Name & Type 2019-20 2020-21 2021-22 2021-22 6/30/2022

GENERAL FUNDS
100 General Fund 36,539,651$ 61,854,162$ 72,188,910$ 36,133,217$ 97,909,855$ TOTAL General Funds 36,539,651 61,854,162 72,188,910 36,133,217 97,909,855

OTHER PURPOSE GENERAL FUNDS
110 Restricted Structural Fire Fund 11,445,158$ 13,238,041$ 7,571,931$ 6,892,484$ 13,917,488$ TOTAL Other Purpose General Funds 11,445,158 13,238,041 7,571,931 6,892,484 13,917,488

SPECIAL REVENUE FUNDS
200 Gas Tax Fund 6,346,814$ 3,543,943$ 1,730,150$ 3,488,576$ 1,785,517$ 205 Road Maintenance and Rehabilitation Fund 1,249,341 1,143,195 1,299,400 1,781,474 661,121 206 Area Drainage Plan (ADP) 906,050 903,503 8,000 300,000 611,503 210 Measure A Fund 3,120,285 4,350,543 1,507,000 3,676,549 2,180,994 211 TDA Fund - - 432,500 432,500 - 220 Air Quality Management District 427,465 493,791 150,865 71,722 572,934 230 Law Enforcement Grants - - - - - 240 Grants: Miscellaneous Grants Fund 971 (162,796) 2,679,750 2,721,652 (204,698) 241 Grants: Coronavirus Relief Fund - - - - - 242 Grants: American Rescue Plan Act Fund - - 3,680,110 4,166,850 (486,741) 243 Public, Educational, or Governmental Access Fund - - - - - 250 Grants: Community Development Block Grant (7) (7) 165,000 100,000 64,993 260 Local Law Enforcement Services 51 - 120,000 - 120,000 270 TUMF Reimbursement Find (58) (281,100) - 2,000,000 (2,281,100) 290 DIF Transportation Facilities Fund 443,538 310,602 192,500 3,850 499,252 291 DIF Fire Facilities Fund 446,130 500,518 76,000 1,520 574,998 292 DIF Public Facilities Fund 755,431 496,836 551,500 11,030 1,037,306 293 Road and Bridge Benefit District 6,521,727 6,445,412 80,000 240,000 6,285,412 300 LLMD 89-1 Zone 10 (9,154) (7,381) 3,820 1,642 (5,203) 301 LLMD 89-1 Zone 33 28,459 6,464 2,670 982 8,152 302 LLMD 89-1 Zone 41 1,527,671 1,701,381 188,248 169,650 1,719,979 303 LLMD 89-1 Zone 79 15,629 16,580 2,750 2,505 16,825 304 LLMD 89-1 Zone 85 27,806 28,766 3,110 2,890 28,986 305 LLMD 89-1 Zone 111 147,718 162,397 26,070 23,925 164,542 306 LLMD 89-1 Zone 115 (14,759) (19,095) 3,720 5,820 (21,195) 307 LLMD 89-1 Zone 116 54,933 59,745 8,933 4,220 64,458 308 LLMD 89-1 Zone 147 (2,253) (3,448) 1,553 2,675 (4,570) 309 LLMD 89-1 Zone 151 (34,509) (43,000) 7,660 11,535 (46,875) 310 LLMD 89-1 Zone 156 (13,199) (17,467) 5,750 9,530 (21,247) 311 Benefit Assessment District 2014-2 7,184 8,727 12,494 12,505 8,716 312 LLMD 2014-1 5,981 7,576 19,406 19,190 7,792 313 LLMD 2014-3 3,810 4,748 8,370 7,760 5,358 314 LLMD 2014-4 4,559 5,729 6,920 6,560 6,089 315 Community Facilities District 2019-1 (13,051) (6,975) 6,000 2,620 (3,595) 400 Community Facilities District 2017-1 118,478 188,809 34,400 9,400 213,809 401 Community Facilities District 2017-2 14,923 30,523 17,700 25,300 22,923 402 Community Facilities District 2020-1 - 62,605 36,100 90,713 7,992 403 LMD 98-2 ORIGINAL - - - - - 404 LMD 98-2 ANNEX 01/Zone A - - - - - 405 LMD 98-2 ANNEX 02/Zone B - - - - - 406 LMD 98-2 ANNEX 03/Zone C - - - - - 407 LMD 98-2 ANNEX 04/Zone D - - - - - 408 LMD 98-2 ANNEX 06/Zone F - - - - - 409 LMD 2001-1 Zone G - - - - - 410 LMD 2001-1 Zone S - - - - - 411 LMD 2001-1 Zone W - - - - - 412 LMD 2001-2 Zone A - - - - - 413 LMD 2001-2 Zone B - - - - - City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 414
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months Available Resources Summary
Restated Audited
Fund Balance
Restated
Unaudited Fund
Balance
Adjusted
Revenue Budget
Adjusted
Expenditure
Budget
Estimated
Available Balance
Fund Name & Type 2019-20 2020-21 2021-22 2021-22 6/30/2022 414 LMD 2001-2 Zone C - - - - - 415 LMD 2001-2 Zone D - - - - - 416 LMD 2001-2 Zone F - - - - - 417 LMD 2001-2 Zone G - - - - - 418 LMD 2001-2 Zone H - - - - - 419 LMD 2001-2 Zone J - - - - - 420 LMD 2001-2 Zone K - - - - - 421 LMD 2001-2 Zone M - - - - - 422 LMD 2001-3 Zone A - - - - - 423 LMD 2001-3 Zone B - - - - - 424 LMD 2001-3 Zone C - - - - - 425 LMD 2001-3 Zone D - - - - - 426 LMD 2001-3 Zone E - - - - - 427 LMD 2001-3 Zone F - - - - - 428 LMD 2001-3 Zone G - - - - - 429 LMD 2001-3 Zone H - - - - - 430 LMD 2001-3 Zone I - - - - - 431 LMD 2001-3 Zone J - - - - - 432 LMD 2001-3 Zone K - - - - - 433 LMD 2001-3 Zone L - - - - - 434 LMD 2001-3 Zone M - - - - - 435 LMD 2001-3 Zone N - - - - - 436 LMD 2001-3 Zone O - - - - - 437 LMD 2001-3 Zone P - - - - - 438 LMD 2001-3 Zone Q - - - - - 439 LMD 2001-3 Zone R - - - - - 440 LMD 2001-3 Zone S - - - - - 441 LMD 2001-3 Zone T - - - - - 442 LMD 2001-3 Zone U - - - - - 443 LMD 2001-3 Zone V - - - - - 444 LMD 2001-3 Zone W - - - - - 445 LMD 2001-3 Zone X - - - - - 446 LMD 2001-3 Zone Y - - - - - 447 LMD 2001-3 Zone Z - - - - - 448 LMD 2001-3 Zone AA - - - - - 449 LMD 2001-3 Zone BB - - - - - 450 LMD 2001-3 Zone CC - - - - - 451 LMD 2001-3 Zone DD - - - - - 452 LMD 2001-3 Zone EE - - - - - 453 LMD 2001-3 Zone FF - - - - - 454 LMD 2001-3 Zone GG - - - - - 455 LMD 2001-3 Zone HH - - - - - 456 LMD 2001-3 Zone II - - - - - 457 LMD 2001-3 Zone JJ - - - - - 458 LMD 2001-3 Zone KK - - - - - 459 LMD 2001-3 Zone LL - - - - - 460 LMD 2001-3 Zone MM - - - - - 461 LMD 2001-3 Zone NN - - - - - 462 LMD 2001-3 Zone OO - - - - - 463 LMD 2001-3 Zone PP - - - - - 464 LMD 2001-3 Zone QQ - - - - - 465 LMD 2001-3 Zone RR - - - - - 466 LMD 2001-3 Zone SS - - - - - 467 LMD 2001-3 Zone TT - - - - - 468 LMD 2001-3 Zone UU - - - - - 469 LMD 2001-3 Zone VV - - - - - 470 LMD 2001-3 Zone WW - - - - - 471 LMD 2001-3 Zone XX - - - - - City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 415
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months Available Resources Summary
Restated Audited
Fund Balance
Restated
Unaudited Fund
Balance
Adjusted
Revenue Budget
Adjusted
Expenditure
Budget
Estimated
Available Balance
Fund Name & Type 2019-20 2020-21 2021-22 2021-22 6/30/2022 472 LMD 2001-3 Zone YY - - - - - 473 LMD 2001-3 Zone ZZ - - - - - 474 LMD 2001-3 Zone AAA - - - - - 475 LMD 2001-3 Zone BBB - - - - - 476 LMD 2001-3 Zone CCC - - - - - 477 LMD 2001-3 Zone DDD - - - - - 478 LMD 2001-3 Zone EEE - - - - - 479 LMD 2001-3 Zone FFF - - - - - 480 LMD 2001-3 Zone GGG - - - - - 481 LMD 2001-3 Zone HHH - - - - - 482 LMD 2001-3 Zone III - - - - - 483 LMD 2001-3 Zone JJJ - - - - - 484 LMD 2001-3 Zone LLL - - - - - 485 LMD 2001-3 Zone MMM - - - - - 486 Illumination District No 2 Subarea 35 - - - - - 487 Illumination District No 2 Subarea 42 - - - - - 488 Illumination District No 2 Subarea 46 - - - - - 489 Illumination District No 2 Subarea 49 - - - - - 490 Illumination District No 2 Subarea 55 - - - - - TOTAL Special Revenue Funds 22,087,963 19,931,122 13,068,449 19,405,145 13,594,425

DEBT SERVICE FUND
500 General Debt Service Fund -$ 739$ 4,277,633$ 4,277,632$ 739$ TOTAL Debt Service Fund - 739 4,277,633 4,277,632 739

DEBT SERVICE FUND
600 General Capital Projects Fund 876,485$ 1,786,981$ 2,054,019$ 3,961,000$ (120,000)$ TOTAL Capital Projects Fund 876,485 1,786,981 2,054,019 3,961,000 (120,000)

INTERNAL SERVICE FUNDS
700 Information Technology Reserve Fund -$ - 388,652$ -$ 388,652$ TOTAL Internal Service Funds - - 388,652 - 388,652 TOTAL 70,949,256$ 96,811,044$ 99,549,594$ 70,669,478$ 125,691,159$

GENERAL FUND - FUND BALANCE RESERVES AND COMMITMENTS
Total General Fund Estimated Fund Balance at 06/30/2022 97,909,855$ Assigned:

Emergency Contingency (50% of Adopted Appropriations) 14,063,031 Total Assigned Reserves 14,063,031
Committed:

Facility Construction: Library 10,000,000
Facility Construction: City Hall 20,000,000
Facility Construction: Police Substation 4,000,000
Hamner Place Land Acquisition Final Payment 1,840,000
Pension Liability (CalPERS Reserve) 1,620,500
Public Safety Rate Increase Stabilization 1,000,000
38,460,500
Committed Appropriations Limit Qualified Capital Outlay Reserve:

General Fund: Facility Construction: Library - Appropriations Limit 10,595,000 General Fund: Facility Construction: City Hall - Appropriations Limit 18,399,529 General Fund: Limonite Gap Bridge Construction - Appropriations Limit 2,500,000 General Fund: Equipment Purchase, Fire Truck - Appropriations Limit 1,500,000 General Fund: Facility Construction, Fire Station 27 Storage Facility - Appropriations Limit 2,000,000 34,994,529
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 416
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months Available Resources Summary
Restated Audited
Fund Balance
Restated
Unaudited Fund
Balance
Adjusted
Revenue Budget
Adjusted
Expenditure
Budget
Estimated
Available Balance
Fund Name & Type 2019-20 2020-21 2021-22 2021-22 6/30/2022 Total General Funds Estimated Unassigned Fund Balance at 06/30/2022 10,391,795$

RESTRICTED STRUCTURAL FIRE FUND - FUND BALANCE RESERVES AND COMMITMENTS Total Fire Funds Estimated Fund Balance at 06/30/2022 13,917,488$ Assigned:

Emergency Contingency (75% of Adopted Appropriations) 5,169,363 Total Assigned Reserves 5,169,363
Committed:

Facility Construction: Third Fire Station 8,000,000
Equipment Purchase: Apparatus Replacement Reserve 400,000 8,400,000
Total Fire Funds Estimated Unassigned Fund Balance at 06/30/2022 348,125$ City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 417
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months Assigned Reserve: Contingency Calculation
Restated Audited
Fund Balance
Restated
Unaudited Fund
Balance
Mid-Year
Adjusted
Revenue Budget
Mid-Year
Adjusted
Expenditure
Budget
Estimated
Available Balance
Fund Name & Type 2019-20 2020-21 2021-22 2021-22 6/30/2022

GENERAL FUNDS
100 General Fund 36,539,651$ 61,854,162$ 72,188,910$ 36,133,217$ 97,909,855$ TOTAL General Funds 36,539,651 61,854,162 72,188,910 36,133,217 97,909,855 Assigned 50% Contingency Reserve
Policy: 50% of Annual Budgeted Operating Expenditures
Total Expenditures 36,133,217
Non-Operating Expenditures 8,007,154
Operating Expenditures 28,126,063
50% Reserve 14,063,031

OTHER PURPOSE GENERAL FUNDS
110 Restricted Structural Fire Fund 11,445,158$ 13,238,041$ 7,571,931$ 6,892,484$ 13,917,488$ TOTAL Other Purpose General Funds 11,445,158 13,238,041 7,571,931 6,892,484 13,917,488 Assigned 75% Contingency Reserve
Policy: 75% of Annual Budgeted Operating Expenditures
Total Expenditures 6,892,484
Non-Operating Expenditures -
Operating Expenditures 6,892,484
75% Reserve 5,169,363
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 418
CITY OF EASTVALE U UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months Sales Tax Summary
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2021-22 Quarter 2017-18 2018-19 2019-20** 2020-21 2021-22 Budget Quarter 1 2,172,737 2,454,597 2,986,937 2,873,677 10,585,289 52,000,000 Quarter 2 # 2,270,942 2,693,017 2,807,803 3,144,645 12,241,575 Quarter 3 1,848,685 2,129,355 2,272,291 10,892,874 10,836,091 Quarterly Quarter 4 2,005,467 2,332,606 2,281,948 11,208,862 - Budget:

TOTAL Sales Tax 8,297,831 9,609,575 10,348,979 28,120,058 33,662,956 13,000,000 NOTE: Sales tax figures represent sales tax receipts applicable to the quarters indicated. Amounts may not have been actually received in the quarter indicated, these totals may not be represented in other summary reports included in this quarterly interim report.
**Sales tax for quarter 1 2019-20 included a late payment from the state applicable to prior quarters, this timing issue is the result of a state software system conversion. As a result, the amounts for quarter 1 2019-20 appear higher than normal. # The true up for Quarter 2 ending December 31, 2020 has not been received as of the publish date of this report. It is likely that the true up payment will be received sometime in the 2021-22 fiscal year.

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 419
CITY OF EASTVALE UNAUDITED: 65% Reported
Fiscal Year 2021-22
Interim Financial Report | QUARTER THREE ending March 31, 2022 | 9 months Appropriations Limit Summary
Pre Voter
Approved
Override
Voter Approved
Override
Post Voter
Approved
Override
2017-18 2018-19 2019-20 2020-21 2020-21 2021-22

ADOPTED APPROPRIATIONS LIMIT
Adopted Appropriations Limit 21,455,814$ 23,077,364$ 24,418,797$ 25,794,921$ 33,000,000$ 35,473,578$ Subject Revenue Appropriations
General Fund 10,045,447 15,809,535 17,472,985 17,952,129 41,516,698 54,973,760 Fire Fund 5,055,030 5,346,150 6,285,042 6,406,287 6,406,287 7,298,931 Total Subject Revenue Appropriations 15,100,477 21,155,685 23,758,027 24,358,416 47,922,985 62,272,691 Over(Under) Limit (6,355,337) (1,921,679) (660,770) (1,436,505) 14,922,985 26,799,113 Annual Available for Capital Outlay 14,922,985 26,799,113 Cumulative Available for Capital Outlay 41,722,098
Cumulative Available for Capital Outlay Expenditures and Reserves 41,722,098 FY2021-22 Proposed Mid-Year Reserve Commitments
General Fund: Facility Construction Library - Appropriations Limit 10,595,000 General Fund: Facility Construction City Hall - Appropriations Limit 18,399,529 General Fund: Limonite Gap Bridge - Appropriations Limit 2,500,000 General Fund: Equipment, Fire Truck Purchase - Appropriations Limit 1,500,000 General Fund: Facility, Fire Station 27 Storage Facility - Appropriations Limit 2,000,000 Subtotal Capital Outlay Reserve Commitments 34,994,529
FY2021-22 Proposed Mid-Year Capital Outlay Expenditures Streetlight Debt Pay-Off - Appropriations Limit 4,168,519 Goodman Commerce Sales Tax Abatement Pay-Off - Appropriations Limit 2,559,050 Subtotal Capital Outlay Expenditure Budget 6,727,569
Remaining Appropriations Limit Surplus 0
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 420
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING ITS 2021-22 FISCAL BUDGET FOR THE AMERICAN RESCUE PLAN ACT, STATE

AND LOCAL FISCAL RECOVERY FUND REIMBURSEMENT TO THE GENERAL FUND FOR LAW ENFORCEMENT CONTRACT SERVICES.

WHEREAS the budget for fiscal year 2021-22 of the City of Eastvale has been adopted by this Council in its original form, and said budget will need to be amended at times to fulfill the goals of the City; and
WHEREAS, the City departments may not exceed their appropriations by character of expense, with character of expense being defined as personnel services, services and supplies, capital outlay, debt service and transfers, without the consent of the City Manager; and WHEREAS, the City Manager may transfer appropriations, between accounts, departments, programs, and funds, as long as those appropriations do not exceed the grand total budget approved by Council; and
WHEREAS, the city was allocated a total of $7,360,219 from the Federal Government through the United States Treasury Department in American Rescue Plan Act (ARPA), State and Local Fiscal Recovery Act Funds (SLFRF) and the SFLRF Final Rule guidelines allows all cities to utilize a $10.0 million standard deduction towards revenue loss; and WHEREAS, the city desires to utilize the standard deduction for revenue loss up to the total $7,360,219 allocation the city received of SLFRF; and
WHEREAS, the city’s budget for total law enforcement services in the fiscal year 2021-22 budget totals $12,302,638, which is greater than the city’s total SLFRF allocation; and WHEREAS, the city desires to utilize the city’s full SFLRF allocation of $7,360,219 towards law enforcement contract costs by reimbursing the General Fund for said costs; and WHEREAS, the City Council appropriated $4,166,850 in transfers out of the American Rescue Plan Act Fund and $4,166,850 in transfers in to the General Fund during the mid-year budget review for reimbursement of law enforcement contract services; and WHEREAS, the remainder the city’s SFLRF allocation totals $3,193,369 and the city desires to reimburse the General Fund for law enforcement contract services with the remaining and unappropriated SLFRF allocation.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
421
SECTION 1. AUTHORIZE AN APPROPRIATION IN THE AMERICAN RESCUE PLAN ACT FUND, TRANSFER OUT ACCOUNT NO. 242-290-6910 IN THE AMOUNT OF $3,193,369 FOR THE GENERAL FUND REIMBURSEMENT OF LAW ENFORCEMENT CONTRACT SERVICES.

SECTION 2. AUTHORIZE AN APPROPRIATION IN THE GENERAL FUND, TRANSFER IN ACCOUNT NO. 100-000-4924 IN THE AMOUNT OF $3,193,369 FOR THE REIMBURSEMENT OF LAW ENFORCEMENT CONTRACT SERVICES FROM THE AMERICAN RESCUE PLAN ACT FUND.

PASSED, APPROVED AND ADOPTED this 27th day of July 2022. __________________________________________
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk
422

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk 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 27th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
423

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.9
July 27, 2022
Approval of Construc+on Contract with American Asphalt South Inc. and a Professional Services Agreement with Onward
Engineering in the Aggregate Amount of $1,104,939 for the 2022 Slurry Seal Project and Approval An Amendment to an On-call Professional Services Agreement with Labelle Marvin Inc. to increase the Not-to-Exceed amount to $100,000 per fiscal year.

Prepared By:

Jimmy Chung, City Engineer
Recommended Action(s)
Staff recommends that the City Council approve the following ac ons for the 2022 Residen
al Slurry
Seal Project:
1 .

Approve the Contract with American Asphalt South, Inc., the lowest responsive and responsible bidder, in accordance with unit bid prices in the amount of $936,881.75 plus a 10% contingency of $93,688.15 for a total of $1,030,569.90; 2 .

Approve the Professional Services Agreement with Onward Engineering for the Construc on
Management and Inspection Services in the amount of $76,370; 3 .

Approve the Second Amendment to Labelle Marvin, Inc. for On-call Geotechnical and Material Testing Services for an amount not to exceed $100,000 per fiscal year; and 4 .

Authorize the City Manager to execute all necessary documents including the No ce of
Completion.

Summary
T
he 2022 Residen
al Slurry Seal Project is an annual program to treat pavement on various 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
424
residen
al streets throughout the City with slurry seal. See A<achment No. 1 for the project loca on
map. These loca
ons were selected based on the City’s Pavement Management Plan. The scope of work includes public no
fica
on, pavement prepara
on, crack sealing, type II slurry seal applica
on,
traffic striping and other related work.

The lowest responsive and responsible bidder is American Asphalt South, Inc., with a bid amount of $936,881.75 plus a 10% con
ngency of $93,688.15 for a total contract of $1,030,569.90 is the recommended award amount. See Attachment No. 2.1 for the Contract Agreement.

Background
Background
The Engineering Department oversees the maintenance of the City's street system and assembles a capital project for the placement of Slurry Seal each year. The applica on of slurry seal is considered
a preventa
ve measure that is intended to prolong the liC of the roadway by providing a wearing surface and sealing the exis
ng surface cracks from water. Slurry Seal is typically applied to the residential streets.

2022 Residen
al Slurry Seal project will apply approximately 3.9 million square feet of slurry seal on designated streets throughout the City. The project loca on was developed from the Pavement
Management System (PMS), which is a tool that assists the City in making cost-effec ve decisions
related to the maintenance and rehabilita
on of roadway pavements. A PMS allows the City to
maximizes the use of the limited funding by taking a comprehensive approach to managing the City's pavements instead of a worst-first pavement plan. The City took a unique approach in that the benefit to cost ra
o was looked at in a zone-basis instead of an individual street segment. This allows maximizing the efficiency by reducing the mobilization cost.

Contract Award
The call for bids was posted on the City’s website and City of Eastvale Vendor Portal through PlanetBids on June 13, 2022, and adver
sed on a local newspaper on June 20, 2022 and June 27,
2022. The City received four (4) electronic bids on July 11, 2022, and the bid results are as follows:

Name of Bidder
City
Bid Amount
American Asphalt
South, Inc.

Riverside
$ 936,881.75
Roy Allan Slurry Seal
Santa Fe Springs
$ 961,699.00
Pavement Coatings
Co.

Jurupa Valley
$ 1,075,797.50
All American Asphalt
Corona
$ 1,250,620.00

ACer review of the bids received, staff has determined that American Asphalt South, Inc. is the lowest responsive and responsible bidder with a total bid price of $936,881.75. American Asphalt South, Inc. holds a valid Class A Contractor’s license in the State of California. American Asphalt South, Inc. has delivered successful projects to other agencies such as Ci es of Murrieta, Temecula,
Yorba Linda and more.

As specified in the bid documents, the contractor must execute and return the contract, along with 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
425
other specified required, within ten calendar days following receipt of the Notice to Award.

Construc
on is an
cipated to begin in August 2022 assuming no complica
ons with the contract
execu
on process. The contract allows for a total of 75 working days to complete the required work.

The work is expected to be completed in November 2022.

The staff will work with Communica
ons Division to send out construc
on no
ces for the closures
associated with the construc
on. The contractor will also be required to no
fy all affected residents
and/or businesses at least three days prior to slurry seal operations.

Construction Management and Inspection Services
To ensure that works within the project go forward as planned and are according to requirements, standards and regula
ons, staff reached out and received three informal cost proposals for Construc
on Management and Inspec
on Services. The proposed Construc
on Management and
Inspection Services include, but are not limited to the following:

Construction Manager
Attend all project related meetings.

Provide constructability/proposed treatment review of the project plans, specifica ons and
engineer’s estimate.

Propose construction phasing to minimize impact to community, schools, and residents Maintaining project files.

Supervise construction observation/inspection
Review and track submittal approvals including mix design and traffic control plan.

Manage, monitor, inspect, and maintain and keep track of progress of Perpetua on of Survey
Monuments by the contractor
Review and file construction inspector’s daily reports.

Review and track the contractor’s construction schedule.

Assure contractor adheres to labor compliance requirements.

Issue a weekly working day statement
Coordinate with the City’s design engineer, u
lity companies, and other agencies. Assist in
acquiring all necessary permits with respective agencies.

Coordinate timely distribution of Public Notifications to community, schools, and residents Review and make recommendation for contractor progress payments.

Review and make recommenda
on regarding the contractor’s request for a contract change order.

Maintain a set of “as-built” plans.

Arrange for a final walk through inspection and prepare a “punch-list”.

Preparation of documents as required by auditors.

Construction Inspector
Assure compliance with the plan and specifications during all times the contractor is working. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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426
Have the full knowledge in the day to day opera
ons and ac
vi
es, coordina
on of all
construction methods including but not limited to water quality and traffic control.

Be available for nighttime and/or weekend inspections as needed basis.

Create a daily progress report of the work on Caltrans forms CEM-4501 and CEM-4601 or similar forms, approved by the City, produced by the consultant documen ng the same
information.

Submit a daily progress report on a weekly basis, at minimum.

Document all personnel and equipment used for the day.

Incorporate photos, before, during and after construction in the report.

Onward Engineering demonstrated both the experience and qualifica ons that are proven from
previous successful projects in Cities of Diamond Bar, Rancho Cucamonga, Placentia, and more.

Geotechnical and Material Testing Services
Material tes
ng will be performed to ensure quality assurance on the materials used for the project.

The City entered into an on-call agreement for material tes ng services with LaBelle Marvin, Inc. on
or about October 15, 2020 with a dollar amount not to exceed $24,500. On September 8, 2021, the first amendment increasing the not to exceed amount to $50,000 per fiscal year. It is recommended that the second amendment to the contract gets approved that increases the not to exceed amount to $100,000 per fiscal year to provide sufficient services that covers the increased scope in projects, and to authorize the City Manager to authorize all task orders not to exceed $100,000 in aggregate per fiscal year. The proposed Materials Testing Services include, but are not limited to the following:

1 .

On-site tes
ng consists of Sieve Analysis and Residue tes
ng on every load of Emulsion that is
delivered to the stockpile.
2 .

Moisture Content and Aggregate Grada
ons are performed on Aggregate delivered to the
stockpile.
3 .

Collect, sign, and record all material delivered to the stockpile/job. 4 .

Every load of slurry that leaves the stockpile is weighed; emulsion in and out of the stockpile is recorded.
5 .

City hired Inspector to provide Consultant the total square feet covered each day so that Consultant can provide daily yield.
6 .

City hired Inspector and Consultant to collec
vely obtain square footage to be covered by
each slurry machine to understand if the machines have proper settings. 7 .

Consultant to provide the City with the total placed material and yield for the day. 8 .

At the comple
on of the project, Consultant to submit all material
ckets received and signed
in, and will type up final project summary
9 .

The project shall be delivered to City within 30 days of project completion.

Environmental
In accordance with the California Environmental Quality Act, the proposed project is exempt from future review under the categorical exemp
on for exis
ng facili
es (CEQA Guideline 15301). A
Notice of Exemption (NOE) has been filed.

Strategic Plan Action - Priority Level: N/A
| Target #: 5
| Goal #: 3 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
427
Plan for landscape, roads, and street maintenance

Fiscal Impact
The total cost of the project including construc
on, con
ngency (10%), construc
on management
(8%), and material tes
ng services (6%) is about $1.2 million. The material tes ng required for this
project is es
mated to be around $60,000 and any remaining budget in Labelle Marvin's contract will be used for future projects. The project will be funded with Measure A monies budgeted for street improvement projects: Residen
al Slurry Seal Project (project # 94001); and, Street
Maintenance Crack Sealing (project # 94004); and, 2020 Annual Asphalt Concrete Overlay project (project #93018).

The proposed budget for this project is as shown below:

Funding
Project #
Budget
Account Number
Measure
A
94001
$ 1,075,000.00
210-510-6660-94001
Measure
A
94004
$ 50,000.00
210-510-6660-94004
Measure
A
93018
$ 274,989.00
210-510-6660-93018

Total Available:
$ 1,299,989.00

There are sufficient budgeted funds in fiscal year 2022-23 to complete the project. There is no impact to the general fund.

Prior City Council/Commission Action
Not Applicable
Attachment(s)
Attachment 1 - Project Location Map

Attachment 2.1 - Contract for Slurry Seal

Attachment 2.2 - Exhibit B to Agreement

Attachment 3 - PSA for Onward

Attachment 4.1 - Second Amendment with LaBelle Marvin

Attachment 4.2 - Agreement with
LaBelle Marvin

Attachment 4.3 - First Amendment with LaBelle Marvin

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
428
S a n B e r n a r d i n o C o u n t y
O n t a r i o C i t y L i m i t
CHINO
Eastvale
City
Lim
it
Norco
City
Lim
it
S a n t a A n a R i v er
E a s t v a l e C i t y L i m i t
E a s t v a l e C i t y L i m i t

BARON DR
2ND ST

RIVER RD
68TH ST

BELLEGRAVE AVE
6TH ST

LIMONITE AVE LIMONITE AVE
2ND ST
5TH ST

CITRUS ST

CHANDLER ST

SCHLEISMAN RD
SUM
NER
AVE

HARRISON
AVE
65TH ST 65TH ST

ARCHIBALD
AVE

ARCHIBALD
AVE
HAM
NER
AVE
HAM
NER
AVE
I15
N
I15
N
I15
S
I15
S
I15
S

LIMONITE AVE

RIVERBLUFFSLN

HARRISON AVE

BELLEGRAVE AVE
65TH ST

OAKDALE ST
68TH ST

AMBERHILL AVE

NATOMAST

BECKETTFIELD
LN

HEALYLAKE ST

HAVENSIDE CT

LYRA RD

MISSISSIPPI DR

BELLATRIX DR
58TH ST

IRISBEND AVE

STONY RIVER CIR
FIELDM
ASTER

ESTRELLAST

FRONTERA WAY

CHESTERFIELD
CT

HOMECOM
ING
CIR

FOUNTAI N DR

BLOSSOM WAY
COPPER
SKY

CONSTELLATION ST
LIVE
OAK
DR

SAGE BRUSH CIR
RO
YALW
OODS
CIR

DUSK LN

LARKDALE
CIR

PLANETARY RD

NUFFIELD CT

MONTEREY CIR

ROSEBUDDR

HEREFORD LN

LIMONITE AVE

SNOW BUNTING
CT

BAYSIDE CT

PLUMERIA CT

SENDERO AVE
M

OON SHADO
W
CT

RYLEE DR

CIELO CT

TANCY CT

CASCADE CT

GOLDFINCH CIR

FALLING RIVER CT

NASSAU CT
M

OUNTAIN
VIEW
CIR

BLAISDELL CT

COCO CT

LUCKY CT

BANYON TREE CT

KITE CT

CHAPARRALDR

PRAIRIE CIR

BENELLI CT

KOA WOOD CT

MAPLEWOOD CT

FALLINGSTAR CT

BURRAGE ST

TOMMY CT

CLEAR WATER CIR

CARNIVAL CT

BASSET CT

SALERS CT

MYSTIC CLOUD CT

HIGH COUNTRY
CIR

PEACHTREE
DR

CASPIAN CT

DUTCH CT

CALLA LILY CIR

WOODEN GATE WAY

SPANIEL CT

SAMILIN CIR

ARBORCIR
M

AYFIELD ST

SUGARCREEK CIR
HAZELW
OOD
DR

CORVALISCT

TROUTMAN CIR

IVYWOOD CT

BRACE ST

BEVERLY HILLS CT

FINISH DRAFT CT

SILVERTON CIR
NOBURY
CT

MAYFAIRCIR
M

ONTECITO LN

CECILLE CIR

CHEJU CIR

BLOSSOM WAY

BRETON CT

CHAROLAIS
CT

LONGLEAF CT

STANDARDBRED
CIR

CENTAURUS DR

LONETREE CT

DANCY ST

BAY BRIDGE RD

EARLY CRIMSON ST

CALEDONIA CT

LEMAITRE DR

LICHEN DR

TERRAPIN WAY

SHADY DR

WHITE HORSE CT

HIGHBURY W
AY
TAW
NY OW
L CT

BLACKMOOR CT

ORINDA DR

GOLDENEAGLECT

APRICOT TREE LN

GLADIOLAST

ADAGIO CT
BERRY
CREEK
ST

ASHCROFT CIR

ALEXIS CIR

ORION CT

FRENCHTROTTER DR

HALL AVE

MARYLAND AVE

PEACOCK CT

PICTOR CT

VOLANS CT

ELK RIDGECT

EDGE MONT
DR

KNIGHTSBRIDGE CT

FLINT CIR

COUNTRY FAIR DR

PELICAN PEAK CT

OATFIELD AVE

MIRADA CT

GLEN ECHO CT

SILVERLAKES CT

STOCKTONDR
W

ELLS SPRINGS ST
FINCH
ST
HERTZ
PL
BEACHW
OOD
DR

TONY CT

OAKVALE CIR

BLUE SKY CT

PUMICE CTBLUESTONE CT

RAMBLEWOOD CT

BUTTERWOOD CT

MOUNTAIN BREEZE CT
TALLOW

TREE CIR

BERRYHILL
DR

SWAN LAKE MOBILE HOME PARK

RUBY CT

SHORTHORNE DR
BADGER
LN

SPRINGVALE CT

SEAVERCT

KENAI CT
SLATE
CREEK
RD

WOODSHIRE GLEN
CT

SHELBURNE CT

EVENING SUN CT

STARDUST CT
M
O
RN
ING
DAW
N CT

ESTRELLA CT
LARRY
DEAN
ST

RIMMON RD

SADDLEBRED CT

CADENZA DR
BUSHM

ASTER ST

PLEASANT HILL CIR

MONTE VISTA CT

ROSEWOOD CIR
COPPER
SKY
M

ICAH ST

AVEN CT

GREAT FALLS ST

CAMBRIA
DR

OAK TREE LN

CAMP ROCK ST

ELLIS PARK TRL

TRADING POST CT

CALITERRA
CT
PALM
CIR
M

OONRIVER ST

CABELA ST

ROLLING MEADOW ST

GANNET ST

GROUSE ST

KASSELL RD

CAVALRY CIR
W

HIMBREL DR
MORAB
ST
GOLD
DUST
ST

PIONEER CT

OSPREY ST

HIDDEN RIVER

ALMOND GROVE CT

BLUE RIVER CT
CO
BBLE
LN

LAKEV I EW
CIR

POST ST

GREENWARD CT

ONYX CT

BAYRIDGE ST

MAYCRESTAVE

PRAIRIE
MEADOW
RD

DELLBROOK ST
SWAN

LAKEMOBILE HOME PARK
RAPIDS
DR

STAR RUBY AVE

KING ARTHUR
DR

BAY CIR

BITTERCRESS WAY

GRAND RIVER CIR

GATHERING PL

CALF ST

SHADY TREE ST

FESTIVE DR

LAUREL DR

OAK LEAF DR

BOXWOOD
DR

TRAIL RIDERS W
AY

MERIDIAN CT

GALE LN

HEATHGROVE DR

CALINA LN

JADE CT

KENSINGTON CT

LANDERWOODDR
OAK

CREST CIR

ESTONIAN
DR

WOODCREST CT

GOLD SPIRIT ST
M

ARIGOLD ST

PEACHBLOSSOM ST

DIAMOND
BACK
RD

MERRY MEADOWSDR
HOLLIS
ST

CEDAR CREEK RD

EXCALIBUR
DR

LOGSDON DR
W
AKE

FORESTDR

ORANGEVALE AVE

IVY GLEN DR

LONGBRANCH ST

VALENCIA
ST

TARAH ST

STONEBROOK CT

BLUE ROCK CT

SOARING
BIRD
CT

HUNTERVALE DR

JUBILEE PL

LARGODR

NILE WAY
GOLDY
ST
HARM
ONY
DR

CEDAR CREEK RD

WALNUTGROVEAVE

RISINGSTAR DR

MUSTANG WAY

ORANGE ST

WEEPING WILLOW CT

TISDALEST
BADM
INTO
N
ST

WHITELILY ST

GOLDEN BIT ST

FIELDSTREAM
CT

FOUNTAINBROOK
LN

GOLDEN DR

ODYSSEY WAY

ALVARADO LN

GLAZIER LN

EDGEWOOD DR
NO

RTHVIEW
ST

PRAIRIE ROSE LN

LITTLE RIVER RD

OUTBACK WAY

BALTIMORE ST

ASPEN LEAF LN

FOXTROT WAY
SUM

NER AVE

CROSSFIRE CT

SUNNY SPRING
S ST

ROBINBROOK CT
BLUFF
VIEW
LN
MEADOW
S
W
AY
FARM
ALL W
AY

NORTHFORK DR

SHOREHAM
ST

SHADYSIDE
W
AY

DELICIOUS W
AY

THORNBURY LN

BYXBEE CT

AGATE CT
GR

AND PRAIRIE TRL
RO
SEW
O
O
D CIR
RETAM
A ST

QUAIL RUN RD
W

ATERLINE
RD

QUARTER HORSE DR

RIO BRAVO AV
E

STARFLOWER ST
AM
BER
DR

PHEASANT KNOLL RD

WALTERS ST
INDIAN
CANYON
CIR
CEDANO
LN

FULLERRANCH
RD

PRAIRIE SMOKE RD

LUNA ST

ORCHID DR

COLEMAN CT

OLMSTEAD ST

COTTAGE
GROVE
DR

KALY CT

SIENNA PL

ITHICA DR

GULFSTREAM CT

FALLSGROVE DR

EDINBURGH RD

CAXTON ST

ANJOU ST

ALTFILLISCHCT
GRANJA
VISTA
DEL
RIO

DORSETT GOLDEN ST
COYOTE
TRAIL
LN

SUMTER ST

NIGHTINGALE CT

STILLBRO
OK
W
AY

MALLORY CT
IRON

HORSELN
M

ADDOX CT
W

OLFHOUND ST

PINTAIL LOOP

MORNING
HILLS
DR
TIG
ARD
LN

CAYUGA W
AY
CORONA

VALLEYAVE

HEISLER ST

STERN CT

SANDHILL CRANE RD

GOOSE ST

FALL CREEK DR

EVERGLADES ST

L A PRADERA WAY
HILL

GROVEST

PORT ARTHUR DR

FOXPOINT
CT
BENGAL
WAY

BLOSSOM WAY
M

ULAN ST

CONCERTO DR

NARCISSE
DR

PRIMROSE RD

BLUE RIBBON LN

SETTLERS

RIDGECT

REDWOOD VALLEY RD

HONEY B
RO
O
K
CT

STRATUS CT

CHANNEL CT

VILLAGE DR

COLDBROOK CIR
HAM

NER AVE

SIMAS CT

MEADOWVALE ST

BLUEBELL
ST

TERP CT

BLUE CRAB CT

JERSEY ST

LANCELO
T
DR
NO

RTHLANDS RD

FLAGSTAFF DR

LEIGHTON
DR

ALDERGATEDR
GYPSUM
CREEK
DR
HO

LLYHEATH CT
W
HITEW
ELL RD

FIELDMASTER ST

FAIRLANE AVE
GR
O

UND IVY CT

HIDDEN WATER RD

TABLE BLUFF CIR

BALLAD DR
PEACH
AVE
W
HITE

CLOVER WAY

CANTERW
O
O
D CT

CEDAR GROVE CT

ROUNDWOOD DR

RETRIEVER ST

SELBY AVE
VALLEY
CREEK
ST

ORTEGA CT
CLEM
SON
DR
DOVE
VALLEY
W
AY

ANNA CT
W

ILD LUPINE RD

RUNYON DR

HARVEST VALLEY AVE

CABRILLO
WAY

SYMPHONY DR

ANZA VISTA CT
ASHW
ELL CT

LEILANI CT

FAIRCHILD DR

ANNANDALEPL

BRIDGEWATER DR LIVEOAKDR

HEISLER ST
RONDO
DR

DEL REY CT

SWAN LAKE AVE

BEECHWOOD CT

EVERGREEN DR

SERENADEDR
RAE CT
HOOPER
BAY
RD

LINDSEY CT

CANDRA DR

ALDERWOOD AVE

ROSELAICT

VILLA RO
SA CT
COBBLE
CREEK
DR

PLAYFAIRW
AY

GOLD CREEK DR

BECKER DR
SW
IFTW
ATER
CT
HOP
CLOVER
RD

GOLDEN NECTAR CT

FOXHOLLOW CIR

PIMLICO
PL

SOLEIL DR

KENTON PL

ENCLAVEDR

HAWTHORNE AVE

PATTISONST
ELM
GROVE
AVE
W

ILDFLOWER
CT
MULAN
ST

CHLOECT

WIND CHIME PL
ELIAS
ST

MONET DR

EASTVALEPKW
Y

THERESA ST

CATTLEMAN
DR

THOROUGHBRED CT

OPERA CT

LOURENCO LN
EMM
ERDALE
ST

CAROLINAS
LN

BRAMBLE ST

GREENRIVER DRM

OONFLOW
ER
DR
M
C
KENZIE
CT

ACEY ST
LEANNE
ST

PIAZZA CT

KIWI AVE

LINNEA ST
ANGUS
ST

TREASURE
DR
OLD
PEAK
LN
ROSEW
OOD W
AY

HIDDEN VALLEY ST

PEACH GROVE LN

CORTLAND ST

WOODLANDS ST

COOL SPRINGS ST

LILYROSE STBEAVER CREEK DR

FESTIVAL
W
AY

OLITE DR

HAZELNUT DR

GLORY DR
BAY ST

BURBANK RD
ALPINE
ST

COFFEEBERRY DR

STAFFORD ST

CRIPPLE CREEK
DR

SNOWDROP ST

NUT GROVE AVE

KOURTNEY CT

NICOLE CT

PRAIRIE ISLAND CIR PARKWOOD AVE
STONE
BROOK
DR

RIO LOBO CIR

LONSDALE
CT

STONEGATE DR
M

AGGIE LN

FOOTHILL DR

JACK LN

DANDELION ST

FUJI ST

ANGELINE
FALLS
W
AY
W
HITE M

ESA CIR
W

ESTERLY W
AY

SPINDLEW
OOD DR

LAURELWOODAVE

MANDEVILLE CT

ROCKROSE CT CANYON CREST
W

OODPIGEON
RD

SUNGOLD AVE
PINEW
OOD CT

DEER CANYON

LIMESTONE LN
RED
G
OLD
ST

DESI LN
VALLEY
M
EADO
W
AVE

LONGHORNEDR
JASPER
DR
W

HISPERW
IND DR
PEAR
AVE

PROSPECTOR CT

MURWOOD

COOL MEADOW DR

BLACK HORSE ST

MEADOWBROOK LN

CLORIS ST

BRIAR ST

NORWEGIAN ST

HUNGARIAN ST

SUNNY BROOK LN

MUSTANG ST

PADDLEW

HEEL DR

ELDERBERRY
AVE

LEMON VALLEY
AVE

SILVERW
OOD DR

CAMPOLINA DR

CARNATION ST

BRIGHT WATER CIR

TURF PARADISE ST
W

ILD ROSE DR

EAGLE RIVER RD
O
SAG
E
RIVER
CT

LUCITE DR
RIVER
DO
W
NS DR
GOLDEN
CLUB
DR

ANNIKA W
AY

MAISEY CT
HARROW
ST
PARK
CIR

EXCELSIOR
DR

RIVER BANK LN

THISTLEDOW
N ST

LYONNAIS ST
M
APLE
GLEN
DR

ROLLING STREAM PL

PAINTED CANYONDR
JAM
ESTOW
N AVE

ASTERLEAF LN

WIND RIVER RD

PINENUT PATH

BITTERSWEET LN

PROMONTORY LN

SILAS PHELPS DR

ARCADIA
ST

CATALINA ST
KING

SLEY CT

BASHKIR ST

LANDINGCT
CLEM

ENTINE DR

AGOURA ST
GAM
EBIRD
ST

EASTERNSHORE DR

RICK LN

AVENLY GLEN WAY
PEBBLE
CREEK
DR

CYPRESS DR

SUGARLOAF DR

ROARING CREEK CIR

BLACKBIRD LN

SERENITY
FALLS
RD

GOLDENROD DR

REDHAVEN
ST
M
EEKER
DR

ALDER DR

GARDENIACT

FALCON RIDGE RD

WISEMANDR

LOST HORSE RD

CAIRO CT

RAINIER AVE
W

INCHESTER CIR

WOODSIDE ST

JIMSONCT

EMMERGLEN WAY

WALTERS ST

CARROLLTON PL
CANOPY
LN

VERNAZZA
PL

NECTARINE AVE

BRIDAL TRAIL CIR

SONGSPARROW RD
W

OODRUSH W
AY

BRIDGE ST

BODINEWAY

SCHOLAR W
AY

HOLLOWBROOK WAY

TIBURON
DR
TOM
SAW
YER W
AY

SHORTHORN DR

SCOUT RANCH RD
TANG
ER LN
M
AX W
AY

RIVERRUN
CT

EMPIRE CT
PETER
W
ILKS
CT

HUDSON RIVER DR

BODEGA CT
YUM

A TERRACE CT

COLEBROOK DR

DALEBROOK DR

WHISPERING HILLS DR
DELAW

ARE RIVER DR
LARSEN
BAY
ST

VIENNA DR

DEER CREEK DR

BURBANK RD

SANSOME CT

TRACEY WAY

ALTAIR CT

PRESIDIO
RD
SEQ
UIN CT

BOULDER
CREEK
DR

NORDLAND DR

APPLE GROVE CT

FEATHER DR

BABBLING BROOK WAY

STOCKTONDR

RIVER RD

HIGHLAND
DR
HELLM
AN AVE

VERONA PL

CLEVELAN

D BAY CT

CACTUS FLOWER ST

RIO GRANDE DR

RIVERGLEN
CT

JASPER LOOP

VIVA DR

IBIS DR
STAM

PEDE ST
W

OODGLEN LN
FOW
LER LN

LAVONDA ST

TOPEKA CT

MCINTOSH CT

KAYAK ST
M

ACKINAW
CT

CAMPFIRE PL

EASTER BAY DR

KERN RIVER DR

DEARBORN ST

PRELUDE ST
REDOAK
DR
TOURM
ALINE
DR
CITRUS

VALLEYAVE

SLEEPY CREEK DR

SERENITY
ST
LOW
ER
CREEK
ST
FERN
CT

FOREST WIN D ST

ARCTICFOXAVE

HOLLAND CT
PINEG
ROVE
PL
TARPAN
CT
W

OOD CANYON CT

ASHFORD M
ILL CT

CREEKSANDCT

SAN REMODR

RIVERBOAT DR

BETHANY CT

WANDERING RILL CT

GRAY HAW K CT

SYDNEY CT

COYOTE VALLEY ST

PERKINS CT

CANTERCOVECT

NORIC CIR

ELLA DR

GREENBELT RD

CASABLANCA CT
M
ARK TW
AIN CT

JANTINA CT

POPPY VIEW CT
PARK
CIR
ROSINE
DR

BRANT CT
A ST

KRISTI LYNN CT

FAIRLANECIR
EG

YPTIAN CT
ROSE M

ARIE LN
LIM
ONIUM
LN

SPRINGCREST
ST

ARCHIBALD AVE

SPRINGWATER LN

BELYNN CT

BLUEFIELD CT

SMITH RIVER RD

MAYBERRY CIR

CORNFLOW
ER CT

CITRUS ST

ASPEN GROVE RD

RUNNING DEER CI R

CURRENT DR
PLUM
AVE

SPRUCE GROVE CT

EAGLEBLUFF LN
JAKE W
AY

BLUE ASH CT
CHERRY
CREEK
CIR

HEATHER LEE ST

JANELLE CIR

BLACKHAWK RD
HAZEL
ST

CRESCENDO
CT
FALL W
AY

LARKSPUR
AVE

RIVERGLEN DR

PRAIRIECREEK PL

REPOSACT

ALEXANDRIA AVE

FLEUVE CIR

SHINKLE DR

VANDEWATER
ST

STRATUS ST
DELAW
ARE
PARK
CT

SORRELLN

GINGER DR

PINE GROVE LN
W

HITE OW
L CT

RIVERBOAT DR

LAKESHOREST

MILANA DR

RICO CT

GINKO CT
AGUA

CLARACIR

FREESIA CT

BRASS RING LN
E
LK

GROVE DR
KAW
EAH CT
ANG

ELS CAM
P CT

PERRY ANN CIR

DOLLY CT

LAUREL CT

SHALLOW BROOK CT

COLDWATER CT

CHARIOT RD

SADDLE CIR

EAST CREEK CT

HENRY ST

EMERALD CANYONCT

PARK CITY DR
BRO

OKSHIRECT

TWIN CREEK CT
LAS
BRISAS
CT

SILVER SADDLE CT

BRUSH CREEK CT
G
ING
ERW
OOD CT
M
OO
NFLO
W
ER
CT

HEATHERWOOD DR

RIVER DOWNS ST
RUBY
GIANT
CT

SOFTWOOD CT

MOSSWOOD CT

TALASI DR

CRIO LLA CIR

BERTS WAY

CANTATA DR

ALDER BROOK LN
S
AGE
W
REN
CT
CASA
DE
M
ARIA
CT

MILTON ST

STILLBROOK W
AY

BARNETT LN

PAUL ST

ROCK ROSE CT

OLDGROVE CIR
LOST
RIVER
RD
M

IDNIGHT
ROSE
CIR

WAGON CREEK WAY

SUNRISECIR
W

HIPPET ST

BLACK FOREST DR

TENNESSEE
RIVER
CT
FISKE
DR

ELYSIAN
CT

AQUILA WAY

QUARRYCREEKCT

ALPACACT

RUBY CANYON DR

RIVERBOAT DR

MERIDIAN ST
M
USK

MALLOWCT
ARM
OUR
CIR
M
ORNING
M
IST
DR
RO
YAL
DIAM
OND
CT
W

ESTCLIFF
W
AY

CHAMPION WAY

CRAIGBURN CIR

ALEXANDRIA AVE
SPICEW
O
O
D CIR

JAMBOREE DR
ELYSSE
ST

ROWEN CT

FLORENCE ST

REBECCA RYAN CT
JAM
ES
RIVER
DR

HUNTERS RUN CT

BALDEAGLEDR
RAFT
CIR
IVY
SPRING
S
CT

SKOKORAT CT

TERRITORY
LN

THISTLE
ST

MARBLEWAY
ERICA
CT

GRAPEWINST

SCHLEISMAN RD

FARMBOROUGHCT
SW
ISS CT

AUTUMNCREEKCT

TRINITY DR

WATERVILLECT

RIVER RD

DEW DROP CT

SNAPDRAGON ST

CHANDLER ST

PERSIMMON CT
BARW
ICK
CT
M

ADERA CT

PLUMMER CREEK
CT

CANOE DR

HOLLYWOOD AVE

SILENT STREAM CT
ROSS
ST

FABIOLA LN

COLUMBIA LN

SALINE DR

COMFORT COVE LN

RIVERTRAILS DR

BISONCT

ESTANCIALN

ORCHARD DR

RASPBERRY CT
W

ATERLILY CT
SW

EET CLO
VER CT
W

INTERBERRY W
AY

COLONIAL
DOW
NS
ST

ROCKCANYON CT

OOSTEN FARMS RD

DEERPATH CIR

POINTER LOOP

OAKHURST
ST

DAIRY ST
SW

AN CREEK DR

KAMELIA ST

BREEZE LN

ANDARAVIDA
RD
W

INDFLOWERCT
COLLEG

E PARK DR
DAPHNE
ST

BURRINGTON ST
DEL
MARCIR

CLEVELAND AVE
HOM

ECOMING DR

CLEAR CANYON
CT
FOURW
INDS
CT

LEGATO CT

TURTLE M

OUNTAIN CIR

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CITY OF EASTVALE
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2022 RESIDENTIAL SLURRY SEAL PROJECT

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429

CONTRACT AGREEMENT

BETWEEN

THE CITY OF EASTVALE
AND
AMERICAN ASPHALT SOUTH, INC.

This Agreement for Construction Services (“Agreement”), is made and entered into this ___ day of ________, 2022, by and between the City of Eastvale, a California general municipal corporation organized under the laws of the State of California with its principal place of business at 12363 Limonite Ave., Suite 910, Eastvale, California (“City”) and American Asphalt South, Inc., a California (partnership, limited partnership, corporation, etc.) (“Contractor”).

SECTION 1. RECITALS
A. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

B. Contractor is a professional contractor, experienced in providing pavement rehabilitation and overlay services and is familiar with the plans of the City.

C. City desires to engage Contractor to construct public improvements associated with the Project #94001-2022 Residential Slurry Seal Project as set forth herein D. Contractor has obtained, and delivers concurrently herewith PERFORMANCE

BOND, PAYMENT BOND, INSURANCE DOCUMENTS AND OTHER
CERTIFICATIONS as required by the Contract.

SECTION 2. INCORPORATION OF DOCUMENTS
This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: Project Specifications for the 2022 Residential Slurry Seal Project.

SECTION 3. SCOPE OF WORK
A. Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project #94001-2022 Residential Slurry Seal Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter the "Work" or "Project"), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in the Exhibits attached hereto and incorporated herein by this reference. Special conditions, if any, relating to the Work are described in the Exhibits attached hereto and incorporated herein by this reference.
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2 B. Change in Scope of Work Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.

SECTION 4. PERIOD OF PERFORMANCE AND LIQUIDATED DAMAGES Contractor shall perform and complete all Work under this Contract within 75 working days , beginning the effective date of the Notice to Proceed ("Contract Time"). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Fifteen Hundred Dollars ($1,500) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

SECTION 5. STANDARD OF PERFORMANCE
Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.

Finally, Contractor represents that it, its employees and its subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed on the Work.

SECTION 6. CONTROL AND PAYMENT OF SUBORDINATES; CONTRACTUAL

RELATIONSHIP
City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.

SECTION 7. CITY’S BASIC OBLIGATION
City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services 431
3 and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract.

SECTION 8. COMPENSATION AND PAYMENT
A. Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Nine Hundred Thirty-Six Thousand Eight Hundred Eighty One Dollars and Seventy Five Cents ($936,881.75) plus a 10% contingency of $93,688.15 for a total of $1,030,569.90 ("Total Contract Price") provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

B. Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract.

SECTION 9. CONTRACT RETENTIONS
From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

SECTION 10. OTHER RETENTIONS
In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis, proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and 432
4 (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

SECTION 11. SUBSTITUTIONS FOR CONTRACT RETENTIONS
In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

SECTION 12. PAYMENT TO SUBCONTRACTORS
Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 10262 of the California Public Contract Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

SECTION 13. TITLE TO WORK
As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, and free and clear from any and all security interests, liens, or other encumbrances.

Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

SECTION 14. DISPUTE RESOLUTION
Any separate demand by Contractor for the payment of money or damages shall be resolved in accordance with Public Contract Code Sections 20104 et seq., if applicable.

SECTION 15. TERMINATION
This Contract may be terminated by City at any time by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to the Contractor in the amount necessary to offset City's resulting 433
5 damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause.

In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

SECTION 16. COMPLETION OF WORK
When the Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract.

City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

SECTION 17. CITY’S REPRESENTATIVE
The City hereby designates the City Engineer, or his or her designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or here designee.

SECTION 18. CONTRACTOR’S REPRESENTATIVE
Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City ("Contractor's Representative"). Following approval by the City, the Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor's Representative, Contractor shall provide the information specified above and obtain the City's written approval.

SECTION 19. CONTRACT INTERPRETATION
Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City's Representative, whose decision shall be binding upon Contractor.
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6 SECTION 20. LOSS AND DAMAGE
Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. However, Contractor shall be responsible for damage proximately caused by Acts of God, within the meaning of Section 4150 of the Government Code, only to the extent of five percent (5%) of the Total Contract Price as specified herein. In the event of damage proximately caused by "Acts of God," the City may terminate this Contract upon three (3) days advanced written notice.

SECTION 21. INDEMNIFICATION
A. Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers.

B. General Indemnification. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here 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. In the event Contractor fails to obtain such indemnity obligations from others are required here, 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 here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.

SECTION 22. INSURANCE
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of 435
7 insurance:

A. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.

B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.

C. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.

D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages.

Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Best rating of A or better and a minimum financial size VII.

E. General conditions pertaining to provision of insurance coverage by Contractor.

Contractor and City agree to the following with respect to insurance provided by Contractor:
(1) Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors, and subcontractors to do so likewise. (2) No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
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8 (3) All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
(4) None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved in writing.
(5) No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or any contractor or subcontractor. (6) All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. (7) Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. (8) Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. (9) It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City.
(10) Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
(11) Contractor agrees not to self-insure or to use any self-insured retention’s or deductibles on any portion of the insurance required herein except as disclosed to and approved by the City and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project 437
9 contemplated by this Agreement to self-insure its obligations to City. City expressly approves maintenance by the Contractor of a $100,000 deductible on its current Professional Liability insurance policy.
(12) The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.
(13) For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. (14) Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
(15) Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement.

This obligation applies whether or not the Agreement is canceled or terminated for any reason.

Termination of this obligation is not effective until City executes a written statement to that effect. (16) Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
(17). The provisions of any workers’ compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
(18) Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
(19) These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
(20). The requirements in this Section supersede all other sections and provisions of this Agreement, except Exhibit “D” “Modifications to Contract Documents”, to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 438
10 (21) Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
(22) Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

SECTION 23. BONDS
A. Performance Bond. If specifically requested by City in the Bidding Documents, attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

B. Payment Bond. If required by law or otherwise specifically requested by City in the Bidding Documents, attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

C. Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

D. Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 439
11 SECTION 24. SAFETY
Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed.

Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and life saving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

SECTION 25. WARRANTY
Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) Days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at his sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency.

In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 440
12 SECTION 26. LAWS AND REGULATIONS
Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If the Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order.

If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, the Contractor shall be solely responsible for all costs arising there from. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

SECTION 27. PERMITS AND LICENSES
Contractor shall be responsible for securing, at its own expense, and paying for all permits and licenses necessary to perform the Work described herein.

SECTION 28. TRENCHING WORK
If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705. To this end, Contractor shall submit for City's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

SECTION 29. HAZARDOUS MATERIALS AND DIFFERING CONDITIONS As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

SECTION 30. UNDERGROUND UTILITY FACILTIES
To the extent required by Section 4215 of the Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities. 441
13 SECTION 31. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), the Davis-Bacon Act of 1931 and 23 USC 113, which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with such Prevailing Wage Laws.

SECTION 32. APPRENTICEABLE CRAFTS
When Contractor employs workmen in an apprenticed craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticed occupations shall be with Contractor.

SECTION 33. HOURS OF WORK
Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

SECTION 34. PAYROLL RECORDS
In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Responsibility for compliance with Labor Code Section 1776 shall rest solely with Contractor, and Contractor shall make all such records available for inspection at all reasonable hours.

SECTION 35. CONTRACTOR’S LABOR CERTIFICATION
By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit "C" and incorporated herein by reference, shall be executed simultaneously with this Contract.

SECTION 36. LABOR AND MATERIAL RELEASES
Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Contract prior to final payment by City.

SECTION 37. EQUAL OPPORTUNITY EMPLOYMENT
Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the state or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 442
14 SECTION 38. ANTI-TRUST CLAIMS
This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, the Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to the Contractor, without further acknowledgment by the parties.

SECTION 39. NOTICES
All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CITY CONTRACTOR
City of Eastvale American Asphalt South, Inc.
12363 Limonite Ave., Suite910 19792 El Rivino Road
Eastvale, CA 91752 Riverside, CA 92509
Attn: Jimmy Chung, City Engineer Attn: Jeff Petty - President Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail as stated above and addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

SECTION 40. ENTIRE CONTRACT; MODIFICATION
This Agreement, including the attached Exhibits “A” through “F”, the advertised bid documents, associated addendas, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreement or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of the agreement. No prior statements, representations or other agreements, whether oral or written, made by any parties which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

SECTION 41. TIME IS OF THE ESSENCE
Time is of the essence in the performance of this Contract.

SECTION 42. ASSIGNMENT FORBIDDEN
Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 443
15 SECTION 43. GOVERNING LAW
This Contract shall be governed by the laws of the State of California.

SECTION 44. COUNTERPARTS
This Contract may be executed in counterparts, each of which shall constitute an original.

SECTION 45. SUCCESSORS
The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

SECTION 46. ATTORNEYS’ FEES
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action.

SECTION 47. CLAIMS OF $375,000 OR LESS
Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in Public Contracts Code 20104, et seq.

SECTION 48. PROHIBITED INTERESTS
A. Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

B. Conflict of Interest. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising there from.

SECTION 49. CERTIFICATION OF LICENSE
Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature.

IN WITNESS WHEREOF, each of the parties has caused this Contract to be executed on the day and year first above written.

CITY OF EASTVALE AMERICAN ASPHALT SOUTH, INC.

By: _________________________ By: _________________________ Signature Signature
_________________________ _________________________
444
16 Name Name
_________________________ _________________________
Title Title
Attest: Attest:
_________________________ _________________________
City Clerk Secretary
_________________________
Classification of Contractor’s License
_________________________
Contractor’s License Number
445
EXHIBIT "A" PLANS AND SPECIFICATIONS
The following plans and specifications are incorporated into this Contract herein by this reference:

The work for which this proposal is submitted is for construction in conformance with these bid documents, including any addenda thereto, the contract annexed hereto, and also in conformance with the 2018 Edition of the Standard Specifications for Public Works Construction (Standard Specifications), Riverside County Transportation Department Improvement Standards and Specifications, latest edition, County Ordinance No. 461 and subsequent amendments, the California Department of Transportation Standard Plans and Specifications, 2018 Edition (State Standard) and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

The Plans and Specifications for the work are as follows:
 Advertised bid documents and associated Addendas for: 2022 Residential Slurry Seal Project
446
EXHIBIT "B" BID PROPOSAL
The following Bid Proposal from (Contractor’s name) are incorporated into this Contract. [INSERT BID PROPOSAL]
447
EXHIBIT "C" SPECIAL CONDITIONS
Standard Erosion and Sediment Control Plan Notes:

1. Dust control shall conform to Section 10, “Dust Control”, Section 7-1.01F, “Air Pollution Control”, Section 17, “Watering”, and Section 18 “Dust Palliative” of the State Standard Specifications, Rules no. 401, 402, 403 and 403.1 of the South Coast Air Quality Management District (AQMD), Riverside County Code, Chapter 8.52, “Fugitive Dust Reduction Program For Coachella Valley”, all other applicable Federal and State laws, and the requirements set forth herein.

2. The Contractor is cautioned that failure to control fugitive dust may result in fines being levied by the South Coast Air Quality Management District to both the Contractor and the City of Eastvale, as owner. The Contractor shall be fully responsible for payment of all fines pertaining to air pollution control violations, resulting from Contractor’s operations related to the construction contract, which may be levied against both the Contractor and the City of Eastvale by the AQMD or other regulatory agencies. The Contractor’s attention is directed to Section 7-1.01, “Laws to be Observed” of the State Standard Specifications.

The cost of all fines levied against the City of Eastvale will be deducted from any moneys due or which may become due to the Contractor, unless other payment arrangements are made by the Contractor.

3. Dust control of all of the contractor’s operations is required 24 hours per day, 7 days a week for the duration of the contract, and until the disturbed soil is permanently stabilized.

The Contractor shall take every precaution to prevent emissions of fugitive dust from the project site, from locations of stockpiled materials, from unpaved driving surfaces, from haul vehicles, from inactive construction areas, and from all other operations of the Contractor. The Contractor shall plan for and carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or which constitute a public nuisance, or which cause harm to person living or working in the vicinity of the work. Of particular concern are emissions of PM10 particles, which are fine particulate matter of 10 microns or less and which are associated with sickness and death from respiratory disease.

4. The Contractor shall respond to complaints by mobilizing equipment and personnel at the construction site within 2 hours of each complaint to control fugitive dust.

5. Attention is directed to AQMD Rule 403.1, which applies to all contracts within the City of Eastvale. That AQMD Rule requires the Contractor to take specified dust control actions when prevailing wind speeds exceed 25 miles per hour. Wind forecasts, AQMD Rules and other related information are provided by AQMD at 1-800-CUT-SMOG and at www.aqmd.gov.

6. The Contractor shall utilize the “Best Available Control Measures” of controlling fugitive dust, as prepared by the AQMD. However, if fugitive dust crosses the project boundary, more effective control measures, including the “Best Available Control Measures” shall be implemented.

7. A site specific fugitive dust control plan shall be submitted to the City Engineer for review and approval at least 10 days prior to the start of construction.

8. The fugitive dust control plan shall include the “Reasonably Available Control Measures” and “Best Available Control Measures” of controlling fugitive dust, as may be appropriate and necessary, including by not limited to watering, application of chemical dust 448
20 suppressants, wind fencing, covering of haul vehicles, haul vehicle bed-liners, grading, planting of vegetation, the use of a 24 hour environmental observer, and track-out controls at locations where unpaved construction accesses intersect with paved roads. The use of chemical stabilizers, which are approved by all environmental regulatory agencies, and the use of reclaimed water is encouraged. If water is intended as a primary dust control tool, the dust control plan shall provide for at least one 2,000 gallon water truck for every 4 acres of disturbed soil, unless otherwise approved by the City Engineer.

9. If the Project Inspector determines that the project scope and the forecasted weather conditions are such that the Contractor’s work is unlikely to be a source of dust emissions, the Construction Engineer has the authority to waive the requirements for submittal of a dust control plan and for placement of the dust control signs described herein. However, the Contractors responsibilities for the control of fugitive dust and the other requirements of this section may not be waived.

10. A completion notice will not be filled, and the final payment will not be made to the Contractor until the areas of disturbed soil on the construction site, including roadway shoulders, are suitable stabilized for long term control of fugitive dust.

11. This signature of the Contractor on the Proposal constitutes acknowledgement by the Contractor of the dust control enforceability of those requirements.

12. Full compensation for conformance with these dust abatement requirements, including lab equipment and materials, developing water supply and incidentals, shall be considered as included in items of work, and no additional compensation will be allowed therefore.

13. The successful Contractor shall attend an AQMD PM10 Dust Control Program training session, and furnish evidence of attendance to the City Engineer. Attendance at AQMD training seminars can be scheduled the AQMD at 1-866-861-DUST or by email to [email protected]. Current AQMD certification of previous attendance will be accepted. At that training session, the successful Contractor will be furnished with the AQMD prepared Rule 403 and Rule 403.1 implementation handbooks, which include the Best Available Control Measures” and “Reasonably Available Control Measures”, and other associated information, including a listing of suggested dust control related to devices, material and chemicals.

14. Any days on which the Contractor is prevented from working, due to the requirements of AQMD Rules, will be considered as non-working days, in accordance with Section 8-1.06, “Time of Completion” of the State Standard Specification. 449
EXHIBIT "D" CERTIFICATION LABOR CODE-SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
[INSERT CONTRACTOR'S NAME]
By:
[INSERT NAME]
[INSERT TITLE]
450
EXHIBIT “E” CONTRACT MODIFICATIONS
None
451
EXHIBIT “F” SUPPLEMENTAL REQUIREMENTS
[INSERT ANY OTHER FORMS/PROVISION]
452
24 FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT, WHEREAS, THE CITY OF EASTVALE, hereinafter designated as the “City”, entered into a Contract dated ____________________________________, 20__, with ________________________________________________ hereinafter designated as the “Contractor” for the work described as follows:
______________________________ Project
WHEREAS, the said Contractor is required under terms of said Contract to furnish a bond for the faithful performance of said Contract;
WHEREAS, the Contract is by reference made a part hereof; NOW, THEREFORE, we, ________________________________________________ the undersigned Contractor, as Principal, and ____________________________________ (corporate surety), a corporation organized and existing under the laws of the State of ________________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of __________________________________ dollars ($___________________), lawful money of the United States, said sum being not less than one hundred (100) percent of the total Contract amount, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above bounded Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said Contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

As a condition precedent to the satisfactory completion of the said Contract, the above obligation in said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above bounded Contractor, his or its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the City from loss or damage made evident during said period of one year from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the said sum shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder 453
25 or the specifications accompanying the same shall, in any way, affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorney’s fees to be fixed by the Court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of _______________________, 20__.
____________________________________ ____________________________________ Name of Surety Contractor
By:_________________________________
Title: _______________________________
____________________________________
Mailing Address of Surety and
_____________________________________ By:_________________________________ Telephone No. of Surety Title: _______________________________ By: _________________________________
Attorney in Fact
NOTE: If Contractor is Partnership, all parties must execute Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence of the signatory’s appointment as attorney in fact and authority to bind the Surety.

MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” (See Cal. Code Civ. Proc. § § § 995.310, 995.311, 995.320) APPROVAL: Bonds must be approved by the City. In order to verify the status of the Surety as an admitted surety, the Surety shall provide the City with at least one of the following: (1) a print-out of information from the web-site of the Department of Insurance confirming the Surety is an admitted surety insurer and attaching it to the bond; or (2) a certificate from the Riverside County Clerk that the certificate of authority of the Surety has not been surrendered, revoked, cancelled, annulled or suspended and confirming that the Surety is an admitted surety and attaching the certificate to the bond. (See Cal. Code Civ. Proc. Code § 995.311). 454

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT, WHEREAS, THE CITY OF EASTVALE, hereinafter designated as the “City”, has awarded to _______________________________________________, hereinafter designated as the “Contractor” a Contract for the work described as follows:
_________________________________ Project
WHEREAS, the Contractor is required by the Contract and by the provisions of Division Third, Part 4, Title 15, Chapter 7 of the Civil Code to furnish a bond in connection with the Contract, as hereinafter set forth.

NOW, THEREFORE, we, ________________________________________________, the undersigned Contractor, as Principal, and ______________________________________, a corporation organized and existing under the laws of the State of ______________________ duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the ________________________ in the sum of _____________________ dollars ($____________________) said sum being not less than one hundred (100) percent of the total Contract amount payable by the city, under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the Contractor, his or its heirs, executors, administrators, successors and assigns or subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay for any work or labor thereon of any kind, or shall fail to pay any persons named in Civil Code section 3181, or shall fail to pay for amounts due under the Unemployment Insurance Code with respect to such work or labor as required by the provisions of Division Third, Part 4, Title 15, Chapter 7 of the Civil Code, or shall fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work or labor, and provided that the claimant shall have complied with the provisions of that Code, the Surety or Sureties hereon will pay for the same in amount not exceeding the sum specified in the Contract, otherwise the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay all court costs, expenses and reasonable attorney’s fee to the prevailing party to be fixed by the court.

This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or to their assigns in any suit brought upon this bond.

And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contractor to the work or to the specifications.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _________ day of ___________________________, 20__.
455
27 ____________________________________ ____________________________________ Name of Surety Contractor
By:_________________________________
Title: _______________________________
____________________________________
Mailing Address of Surety and
_____________________________________ By:_________________________________ Telephone No. of Surety Title: _______________________________ By: _________________________________
Attorney in Fact
NOTE: If Contractor is Partnership, all parties must execute Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence of the signatory’s appointment as attorney in fact and authority to bind the Surety.

MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” (See Cal. Code Civ. Proc. § 995.311) APPROVAL: Bonds must be approved by the City. In order to verify the status of the Surety as an admitted surety, the Surety shall provide the City with at least one of the following: (1) a print-out of information from the web-site of the Department of Insurance confirming the Surety is an admitted surety insurer and attaching it to the bond; or (2) a certificate from the Riverside County Clerk that the certificate of authority of the Surety has not been surrendered, revoked, cancelled, annulled or suspended and confirming that the Surety is an admitted surety and attaching the certificate to the bond. (See Cal. Code Civ. Proc. Code § 995.311). 456
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SECOND AMENDMENT TO AGREEMENT
This First Amendment to Agreement (“First Amendment”) is entered into this ____ day of _________, 2022 by and between the City of Eastvale, a municipal corporation (“City”) and Labelle Marvin, Inc, a California corporation (“Contractor”), as follows:

RECITALS
A. City and Contractor entered in an agreement for project management services on or about October 15, 2020 (“Agreement”).

B. On September 8, 2021, the First Amendment to the Agreement amended the total contract compensation to $50,000 per fiscal year.

C. This Second Amendment to the Agreement amends the total contract compensation to $100,000 per fiscal year and authorizes the City Manager to approve task orders not to exceed $100,000 in aggregate per fiscal year.

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 do hereby enter into this First Amendment which modifies and amends the Agreement as follows:

1. AMENDMENTS
(a) Compensation and Method of Payment . Section 4 (a) is amended to read as follows:

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 total compensation for all Task Orders, including reimbursement for actual expenses, shall not exceed Hundred Thousand Hundred dollars ($100,000) per fiscal year, unless additional compensation is approved in writing in accordance with Section 28 “Amendment” of this Agreement. The City Manager shall have the authority to approve Task Orders for Services not to exceed $100,000 in aggregate per fiscal year. All other Task Orders shall be approved by the City Manager prior to the commencement of the Services.

2. GENERAL PROVISIONS
(a) Remainder Unchanged. Except as specifically modified and amended in this Second Amendment, the Agreement as modified by the First Amendment remains in full force and effect and binding upon the parties.
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(b) Integration. This Second Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Second Amendment.
(c) Effective Date. This Second Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the City and Contractor.
(d) Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. (e) References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment.

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

CITY OF EASTVALE
___________________________
Henry Garcia
Interim City Manager
ATTEST:
___________________________
Marc Donohue
City Clerk

APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney
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LABELLE MARVIN INC.

By: ____
Name: ___________________________
Its: ______________________________
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.
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AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES

MATERIAL TESTING

This Agreement for On-Call Professional Services (“Agreement”) is entered into as of this ____ day of _________, 20 21 by and between the City of Eastvale, a municipal corporation (“City”) and Labelle Marvin, Inc, a California Incorporation (“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 the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Contractor, following submission of its qualifications 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 those 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 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 Sectio n 20 "Termination 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 Agreement two times for one year each time, for a total potential term of five years.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Contractor agrees to perform geotechnical and material testing services (hereinafter, 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 Services 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.). Each Task Order is made a part of this Agreement by this reference.

The City has no obligation under this Agreement to issue a Task Order during the Term of this Agreement.
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(b) Schedule of Performance . The Services authorized 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 and 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 Order 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 each Task Order for the Services identified in the Task Order. The total compensation for all Task Orders , including reimbursement for actual expenses, shall not exceed Fifty Thousand Hundred dollars ($50,000) per fiscal year, unless additional compensation is approved in writing in accordance with Section 28 “Amendment” of this Agreement. The City Manager shall have the authority to approve Task Orders for Services that do not exceed the City Manager’s then -current signing authority for purchases of professional services as set forth in the Eastvale Municipal Code. All other Task Orders shall be approved by the City Council prior to the commencement of the Services.
(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 detaile d by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and the 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 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 wheth er 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. 501
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(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 six ty (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 a nd 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, ex piration 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.

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 502
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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 doll ars ($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 addre ss 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.
(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 personnel.

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 ot herwise 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 503
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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 th e 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, ex perience 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 Task Orders attached hereto in Exhibit “A” 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 equit y, 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 t he 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 sew ers 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 sta tus, 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.
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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, e mployee, 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 Ag reement, 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 und er 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 s uch 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 t his Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
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(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any in formation 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, 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 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, di rect, 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 a nd 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, expen ses 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 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 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 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 off icers, agents, employees or subcontractors of Contractor.
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(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 t his 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 “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 approved in writing by the City Manager. Contractor agrees to pr ovide 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 sub contractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
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(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Contractor or City fail to perform any 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 Contractor 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 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 r easons 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.

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, 508
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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: City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: Labelle Marvin, Inc.

Attn: Edward S. Perez
2700 South Grand Ave.

Santa Ana, CA 92705

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 f or 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.

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 509
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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 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 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 expense s, 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 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.

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). 510
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SECTION 34. NONEXCLUSIVITY.

This Agreement shall not preclude the City from contracting with other persons for work that could be performed by Contractor under 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 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
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___________________________________
LABELLE-MARVIN INC.

By: ____
Name: ___________________________
Its: ______________________________

ATTEST:
___________________________
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.
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A-1
EXHIBIT "A"

SCOPE OF SERVICES & COMPENSATION

[TASK ORDERS TO BE INSERTED HERE ONCE APPROVED. EACH TASK ORDER

MUST CONTAIN A SPECIFIC SCOPE OF SERVICE AND COMPENSATION INFORMATION FOR THOSE SERVICES.]

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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 endorsement CA 0025, or equivalent forms subject to the written approval of the City.

(3) Workers’ Compensation. Workers' Compensation insu rance 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 Agree ment. 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 514

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 certifie d 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 emp loyees 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 bro ught, 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 ins urer shall agree to waive all rights of subrogation 515

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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 or eliminate such deductibles or self -insured retentions as respects City or its respective elected o r 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.

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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.10
July 27, 2022
Heat Illness Prevention Program
Prepared By:

Maricela Mejia, Interim Human Resources & Risk Manager
Recommended Action(s)
Staff recommends that the City Council approve a Resoluon to adopt the City of Eastvale’s Heat Illness Prevention Program (HIPP).

Summary
The City of Eastvale strives to provide employees with a safe and healthful work environment that provides the highest level of protecon to employees and the public at all City of Eastvale worksites.

In order to minimize the exposure of our employees to health and safety risks resulng from heat illness, the City has developed a Heat Illness Prevenon Program (HIPP) in accordance with the California Occupaonal Safety and Health Act (Cal/OSHA) of 1973. The HIPP has been approved and vetted by the Public Employers Risk Management Authority (PERMA).

Background
The California Code of Regulaons (CCR) requires every California employer to have a wri4en and effecve Heat Illness Prevenon Program in accordance with Title 8, Secon 3395 of the General Industry Safety Orders.

The Human Resources & Risk Manager has the authority and responsibility for implemenng the program; however, employees at all levels of the organizaon are responsible for adhering to the elements of the program, maintaining safe working condions and pracces, and complying with safety rules and procedures outlined in the HIPP.

The Heat Illness Prevenon Program helps achieve a safe and healthy work environment through 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
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the following elements:

Identifying Affected Employees
Monitoring Weather Forecasts & Conditions
Monitoring Employee Acclimatization
Water Provisions for Affected Employees
Access to Shade for Affected Employees
Heatwave Procedures
High-Heat Procedures
Emergency Response Procedures
Employee & Supervisor Training
Environmental
Not Applicable.

Strategic Plan Action - Priority Level: 1
| Target #: 4
| Goal #: 1
Strengthen Organizational Development and Effectiveness Fiscal Impact
Not Applicable.

Prior City Council/Commission Action
Not Applicable.

Attachment(s)
Attachment 1: Resolution Adopting the HIPP

Attachment 2 - Exhibit A to Resolution: Heat Illness Prevention Program

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA,

ADOPTING A HEAT ILLNESS PREVENTION PROGRAM
WHEREAS, the City of Eastvale Incorporated on October 1, 2010; and WHEREAS, the City Council desires to provide a safe and healthful workplace for the City’s employees; and
WHEREAS, the City Council is governed by the California Occupational Safety and Health Act (Cal/OSHA) of 1973 and other applicable federal, state, and local laws which ensure the safety and health of all City personnel at work; and WHEREAS, the California Code of Regulations Title 8, Section 3395 requires employers with any outdoor places of employment to comply with the Heat Illness Prevention standard; and
WHEREAS, the development and implementation of a heat illness prevention program will likely reduce the costs and risks associated with workplace injuries and illnesses; and WHEREAS, the public interest is best served by providing a safe and healthful workplace for the employees of the City of Eastvale; and
NOW, THEREFORE, the City Council of the City of Eastvale hereby adopts the Heat Illness Prevention Program attached hereto and incorporated as Exhibit “A”.

PASSED, APPROVED, AND ADOPTED this 27th day of July 2022. __________________________________________
Clinton Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk 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 27th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
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Heat Illness Prevention Program

Revised
July 27, 2022

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HEAT ILLNESS PREVENTION PROGRAM

TABLE OF CONTENTS

PROGRAM OBJECTIVE ................................ ................................ ................................ ............ 1 RESPONSIBILITIES ................................ ................................ ................................ .................. 1 AFFECTED EMPLOYEES ................................ ................................ ................................ ......... 2 WEATHER FORECAST & CONDITIONS MONITORING ................................ .......................... 2 EMPLOYEE ACCLIMATIZATION ................................ ................................ .............................. 3 PROVISIONS FOR WATER ................................ ................................ ................................ ...... 3 ACCESS TO SHADE ................................ ................................ ................................ ................. 4 HEATWAVE PROCEDURES (80° F) ................................ ................................ ......................... 6 HIGH-HEAT PROCEDURES (95° F) ................................ ................................ ......................... 6 EMERGENCY RESPONSE PROCEDURES ................................ ................................ ............. 7 EMPLOYEE & SUPERVISOR TRAINING ................................ ................................ .................. 8 APPENDIX A: AFFECTED POSITIONS................................ ................................ ....................10 APPENDIX B: HEAT ILLNESS EMPLOYEE TRAINING HANDOUT ................................ .........11 APPENDIX C: TYPES OF HEAT ILLNESSES ................................ ................................ ..........12 APPENDIX D: DEFINITIONS ................................ ................................ ................................ ....14

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1 PROGRAM OBJECTIVE

This program is in place to protect employees from heat hazards posed by working in the outdoor environment, as required by the heat illness prevention regulation (Title 8 CCR 3395). This program is in effect when the temperatures meet or exceed 80° F.

The City of Eastvale is committed to preventing heat-related illnesses that can occur to employees working outdoors by implementing the following key steps:

• Identifying outdoor work environments and conditions; • Monitoring weather conditions;
• Monitoring employee acclimatization for working outdoors in heat; • Providing clean drinking water;
• Providing adequate shade;
• Addressing high-heat procedures;
• Handling an ill employee and initiating emergency procedures; and • Providing supervisor and employee training.

RESPONSIBILITIES

Program Administrator
The Human Resources & Risk Manager, or designee has the authority and responsibility for implementing and maintaining the Heat Illness Prevention Program. The duties include, but are not limited to:
• Establishing and updating the program as needed; and
• Ensuring department heads/supervisors have the training and resources to implement the program.

Department Heads/Supervisors

Department heads will have the authority and responsibility for implementing the provisions of this program at the affected worksites. The duties include, but are not limited to:
• Implementing the program;
• Notifying the Human Resources & Risk Manager when job duties or assignments change; • Following all safety policies and procedures as outlined in the program; • Attending required training; and
• Training affected employees under their direction.

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2 Employees

Employee responsibilities include, but are not limited to:
• Following all safety policies and procedures as outlined in the program; and • Attending required training.

AFFECTED EMPLOYEES

See Appendix A for a list of positions that have been identified as working in outdoor environments that could potentially expose employees to illnesses associated with high heat.

WEATHER FORECAST & CONDITIONS MONITORING

When environmental risk factors create the possibility for heat illness, the supervisor/lead person will monitor the two-week forecast for the work area . Supervisors will review the forecasted temperature and humidity for the worksite and compare it against the National Weather Service Heat Index to evaluate the risk level for heat illness. It is important to keep in mind the temperature at which these warnings occur must be lowered as much as 15 degrees if the workers under consideration are in direct sunlight.

Weather information will be obtained by accessing the National Weather Service at www.weather.gov. Work schedules will be planned in advance, based on the forecast .

Modifications to the work schedules may be made accordingly, especially if a heat wave is expected. This monitoring will take place in high-heat conditions.

Prior to each workday, supervisors will be responsible for monitoring the weather or with the aid of a thermometer at the worksite. This weather information w ill be taken into consideration to determine when it will be necessary to make modifications to the work schedule (such as stopping work early, rescheduling the job, working at night or during the cooler hours of the day, and increasing the number of water and rest breaks). Any schedule changes would require Human Resources approval.

If schedule modifications are not possible and workers have to work during a high heat condition, supervisors will provide a tailgate meeting to reinforce heat illness prevention with emergency response procedures and review the weather forecast with the workers. In addition, supervisors will provide workers with an increased number of water and rest breaks. Supervisors will ensure workers stop and take these breaks and closely observe all workers for signs of heat illness.

Supervisors will also assign each employee a buddy to watch for signs of heat illness and ensure emergency procedures are initiated when someone displays signs of heat illness.

Supervisors will be responsible for periodically checking the temperature to monitor for sudden increases. Once the temperature exceeds 80°F, access to shade will be made available to employees. Once the temperature equals or exceeds 95°F, additional preventive measures such 527
3 as high-heat procedures will be implemented. See Access to Shade and High Heat Procedures for additional information.

EMPLOYEE ACCLIMATIZATION

Acclimatization is the temporary and gradual physiological change in the body that occurs when the environmentally induced heat load to which the body is accustomed is significantly and suddenly exceeded by sudden environmental changes. In more common terms, the body needs time to adapt when temperatures rise suddenly, and an employee risks heat illness by not taking it easy when a heat wave strikes or when starting a ne w job that exposes the employee to heat to which the employee’s body hasn’t yet adjusted.

Inadequate acclimatization can be significantly more perilous in conditions of high heat and physical stress. The following procedures will be utilized when condition s result in sudden exposure to heat to which employees are not used to:
• Supervisors will be on the lookout for sudden heat wave(s), or increases in temperatures to which employees haven’t been exposed to for several weeks or longer; • New employees, or those employees who have been newly assigned to a high heat area, will be closely observed by the supervisor/lead person for the first 14 days. The intensity of the work will be lessened during a two-week break-in period [such as scheduling slower paced, less physically demanding work during the hot parts of the day and the heaviest work activities during the cooler parts of the day (early-morning or evening), or increasing the frequency of rest periods]. Steps taken to lessen the intensity of the workload for new employees will be documented;
• Supervisors will be extra vigilant with new employees and sta y alert to the presence of heat-related symptoms;
• New employees will be assigned a “buddy” or experienced co -worker to watch them closely for discomfort or symptoms of heat illness; and • Employees and supervisors will be trained on the importance of acclimatization, how it is developed and how these procedures address it.

PROVISIONS FOR WATER

Where drinking water is not plumbed or otherwise continuously supplied, drinking water containers will be brought to the worksite so at least one quart per employee per hour is available at all times. All workers whether working individually or in smaller crews, will have access to drinking water.

Water containers will be refilled with suitably cool water, when the water level within a container drops below 50 percent or below the quantity needed to provide each employee at the worksite with one quart of water at any given time.

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4 Water will be fresh, pure, and suitably cool and provided to employees free of charge. During hot weather, the water must be cooler than the ambient temperature but not so cool as to cause discomfort.

Water containers will be loc ated as close as practicable to the areas where employees are working, given the working condit ions and layout of the worksite , to encourage the frequent drinking of water
If employees are working across large areas, water will be placed in multiple locati ons so it is easily accessible.

All water containers will be kept in sanitary condition.

Workers will be reminded of the location of the water sources and of the importance of drinking water frequently. When the temperature exceeds or is expected to exceed 80 °F, brief ‘tailgate’ meetings will be held each morning to review with employees the importance of drinking water, the number and schedule of water and rest breaks, and the signs and symptoms of heat illness.

When the temperature is expected to equal or exceed 95°F or during a heat wave, pre -shift meetings will be conducted to encourage employees to drink plenty of water and remind employees of their right to take a cool-down rest period when necessary. Additionally, the number of water breaks will be increased. Supervisors will lead by example, and workers will be reminded throughout the work shift to drink water.

Individual water containers or bottl ed water provided to workers will be adequately identified to eliminate the possibility of drinking from a co-worker’s container or bottle.

Electrolyte replacement drinks may be used to supplement the water supply, but it cannot be used to replace the total amount of water that is required.

ACCESS TO SHADE

Shade will be provided and maintained at one or more areas when the outdoor temperature in the work area exceeds 80°F. These areas will either be open to the air or provided with ventilation or cooling. Shade will also be provided promptly when an employee specifically requests it, even when the temperature does not exceed 80°F.

Employees shall be allowed and encouraged to take a preventative cool -down rest in the shade when they feel the need to do so to protect themselves from overheating. Such access to shade will be permitted at all times. An individual employee who takes a preventative cool-down rest will be monitored and asked if he or she is experiencing symptoms of heat illness, will be encouraged to remain in the shade, and will not be ordered back to work until any signs or symptoms of heat illness have abated but in no event less than 5 minutes in addition to the time needed to access the shade.

Depending on the worksite, shade may be provided by trees or buildings. When natural shade is not available, other acceptable means of shade such as umbrellas, tents, canopies, etc. to block 529
5 the sunlight will be provided . In these instances, chairs, benches, sheets, towels , or any other items will be provided to allow employees to sit and rest without contacting the bare ground .

Shade structures will be relocated as the work environment or location changes.

The interior of a vehicle may only be used to provide shade when the vehicle is air -conditioned, and the air conditioner has been turned on so it is sufficiently cool prior to the employee entering the vehicle.

The amount of shade present for recovery, rest, and meal periods will be enough to accommodate all employees who are on such a break at any point in time. There will be enough room so employees can sit in a normal posture, fully in the shade without having to be in physical contact with each other . The shaded area will be located as close as practicable to the areas where employees are working. Water will also be available in the rest area so employees are encouraged to drink more water.

In instances where natural shade is not available, supervisors will:

• Bring sufficient shade structures to the site;
• Ensure sufficient shade structures are opened and placed as close as practical to the workers when the temperature equals or exceeds 80°F;
• Point out the daily location of the shade structures to the workers , as well as allow and encourage employees to take a minimum five minute cool-down rest in the shade when they feel the need to do so to protect themselves from overheating; and • Ensure the shade structures are relocated to follow along with the crew when necessary and double-check they are as close as practical to the employees so access to shade is provided at all times.

If it is infeasible or unsafe to have shade structure s or to have shade present on a continuous basis, alternative procedures with equivalent protection will be provided.

In situations where it is not safe t o provide shade ( e.g. during high winds), supervisors will document how the determination was made and identify what steps w ill be taken if someone requests shade, or the supervisors will identify other cooling measures with equivalent protection.

Cooling measures other than shade may be used if they are as effective as shade in allowing employees to cool.

Employees may opt to take a “preventive cool -down rest” in the shade to help t he body relieve excess heat. The employee will be monitored during this rest and asked if he or she is experiencing any symptoms of heat illness. If any signs or symptoms of heat illness are observed or reported, the employee will not be ordered back to work and will be continuously observed until the signs or symptoms have abated but in no event less than 5 minutes in addition to the time needed to access the shade.

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6 If employees work in small groups the supervisor /lead person will establish a buddy sy stem for monitoring. If an employee works alone, the supervisor will establish a communication system so the employee can make immediate contact when needed and to facilitate supervisor monitoring of their condition.

The importance of prevention is critical. Employees who wait until symptoms appear before seeking shade and recovery are at significant risk of developing heat illness.

HEATWAVE PROCEDURES (80° F)

For purposes of this section only, “heat wave” means any day in which the predicted high temperature for the day will be at least 80°F and at least ten degrees Fahrenheit higher than the average high daily temperature in the preceding five days.

During a heat wave, workloads may be reduced, rest periods added, or the workday cut short or rescheduled (example conducted at night or during cooler hours).

During a heat wave and before starting work, tailgate meetings will be held to review the heat illness prev ention procedures, the weather forecast , and emergency response. In addition, if schedule modifications are not possible, workers will be provided with an increased number of water and rest breaks and will be observed closely for signs and symptoms of heat illness.

Each employee will be assigned a “buddy” to be on the lookout for signs and symptoms of heat illness and to ensure emergency procedures are initiated when someone displays possible signs or symptoms of heat illness.

HIGH-HEAT PROCEDURES (95° F)

High heat procedures are additional preventive measures that are implemented when the temperature equals or exceeds 95°F.

Effective communication by voice, direct observation, mandatory buddy system, or electronic means will be maintained, so employees a t the worksite can contact a supervisor/lead person when necessary. If the supervisor/lead person is unable to be near the workers to observe them or communicate with them, an electronic device, such as a cell phone or two -way radio, will be used for this purpose if reception in the area is reliable.

Frequent communication will be maintained with employees working by themselves or in smaller groups via phone or two -way radio to be on the lookout for possible symptoms of heat illness.

The employee(s) will be contacted regularly and as frequently as possible throughout the day, since an employee in distress may not be able to summon help on his or her own.

Effective communication and direct observation for alertness and/or signs and symptoms of heat illness wi ll be conducted frequently. When the supervisor/lead person is not available, a 531
7 designated alternate responsible person will be assigned to look for signs and symptoms of heat illness. If a supervisor/lead person, designated observer, or any employee repor ts any signs or symptoms of heat illness in any employee, the supervisor /lead person or designated person will take immediate action commensurate with the severity of the illness (see Emergency Response Procedures).

Employees will be reminded constantly throughout the work shift to drink plenty of water and take preventative cool-down rest break when needed.

EMERGENCY RESPONSE PROCEDURES

When an employee displays possible signs of heat illness (refer to Appendix C for a list of signs of heat illness) a sup ervisor/lead person will take immediate action commensurate with the severity of the illness that includes, but is not limited to:
• Moving the employee to a cooler/shaded area;
• Removing excess layers of clothing;
• Fanning and misting the worker with water;
• Appling ice (ice bags or ice towels);
• Providing cool drinking water, if able to drink; and
• Calling for emergency medical services.

If the signs or symptoms are indicators of severe heat illness (such as but not limited to, decreased level of consciousness, staggering, vomiting, disorientation, irrational behavior , or convulsions), the supervisor/lead person must implement emergency response procedures.

When emergency medical services are called, a supervisor will remain with the sick employee until emergency help arrives. If the area is remote, the supervisor must be able to provide clear and precise directions (such as streets or road names, distinguishing features , and distances to major roads) of the site to clearly communicate the location to emergency medical services. If needed, the supervisor/lead person will designate someone to physically go to the nearest road or highway where emergency responders can see them. If necessary, employees will be transported to a place where they can be reached by emergency medical services.

An employee exhibiting signs or symptoms of heat illness will be monitored and will not be left alone or sent home without being offered onsite first aid and/or being provided with emergency medical services.

Prior to assigning a crew to a particular worksite, the supervisor will:
• Provide workers and the foreman with clear and precise directions (such as streets or road names, distinguishing features, and distances to major roads) of the site to avoid a delay of emergency medical services;
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8 • Ensure a qualified, appropriately trained, and equipped person will be available at the site to render first aid if necessary;
• Ensure responsibility for calling emergency medical service is assigned to an English- speaking worker at the site;
• Verify a ll supervisors carry cell phones , two -way radios , or other means of communication to ensure emergency medical services can be called; and • Ensure all communication devices are functional at the worksite prior to each shift.

EMPLOYEE & SUPERVISOR TRAINING

Employees
All employees are required to attend a safety training session prior to beginning work that should be reasonably anticipated to result in exposure to the risk of heat illness. The following information will be provided:

• The environmental and personal risk factors for heat illness, as well as the added burden of heat load on the body caused by exertion, clothing, and personal protective equipment • Procedures for complying with the requirements of the heat illness prevention regulation • The importance of frequent consumption of small quantities of water • The concept, importance, and methods of acclimatization • The different types of heat illness and the common signs and symptoms of heat illness • The appropriate first aid and/or emergency responses to the different types of heat illness and in addition that heat illness may progress quickly from mild signs and symptoms to serious and life-threatening illness
• The importance of employees immediately reporting symptoms or signs of heat illness for themselves and co-workers
• Procedures for responding to possible heat illness, including how emergency medical services will be provided should they become necessary
• Specific procedures for contacting emergen cy medical services and , if necessary, for transporting employees to a point where they can be reached by an emergency medical service provider
• Procedures for designating a person to be available to ensure emergency procedures are invoked when appropriate
• Specific procedures for ensuring clear and precise dire ctions to the work site will be provided as needed to emergency responders
Supervisors

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9 In addition to obtaining the training required for employees listed above, supervisors will be trained before performing work that could be reasonably anticipated to result in exposure to heat illness.

Training will include:

• All information provided during employee training
• Procedures for preventing heat illness , including monitoring weather reports and how to respond to hot weather advisories
• Information about how to identify heat illness
• Steps to take for emergency response to heat illness

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10 APPENDIX A: AFFECTED POSITIONS

Department Position

Assistant Engineer Assistant Planner
Associate Engineer Associate Planner
Building Inspectors Building Official
City Engineer Communications Officer
Communications Specialist Community Enhancement & Safety Officers Community Enhancement & Safety
Technicians Community Enhancement & Safety Supervisor
Community Enhancement & Safety
Manager Community Services Manager
Community Services Coordinators Emergency Management Specialist Environmental Compliance Analyst Landscape & Facilities Superintendent Planning Manager Principal Engineer
Public Information Officer Senior Building Inspector

Senior Community Enhancement &
Safety Officer Senior Engineer
Senior Planner Street Sweeping Enforcement Officer

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11 APPENDIX B: HEAT ILLNESS EMPLOYEE TRAINING HANDOUT

This training program was developed to increase employee awareness of the occurrence of exposures to heat illnesses when working outdoors and to motivate employees to protect themselves.

Overview of Heat Illness Prevention Regulation
The heat illness prevention regulation is intended to ensure both the employer and its employees understand the dangers associated with working in heat in outdoor workplaces . The following information is a review of the specific requirements of a heat illness prevention program, including water, shade, acclimatization, high-heat procedures, emergency procedures, and training.

Written Heat Illness Prevention Program
The written program provide s information on and control of exposures that can result in heat illness while performing outdoor work in the heat. This program is available to you during our training or during your work shift from your supervisor.

Work Environment and Conditions in Our Workplace
The written program includes the identification of work that is performed outdoors when the weather is hot . This list is not all inclusive and when other types of work or conditions are identified, we will update the program and training. The most important element is to realize that when it is hot outside and you are working, take precautions to protect yourself.

Water
Enough fresh drinking water will be provided so that employees have access to at least one quart of water per hour and are actively encouraged to drink it . Refrain from alcoholic beverages or beverages that contain caffeine, such as soft drinks, coffee, and tea.

Shade
The goal is to provide shade so everyone who needs it has access to it to cool off when the weather is hot. If infeasible or unsafe to provide shade, other means to help keep you cool will be provided.

High-Heat Procedures
When the outside temperature reaches or exceed 95°F, additional precautions, to the extent they are feasible, will be taken to ensure your safety and health. This includes good communication, close supervision if you have not recently worked outdoors in the heat for four or more hours per day, additional rest and recovery periods, observing you, and reminding you to drink plenty of water.

Training
All employees and supervisors who have potential heat exposures receive the same training so everyone understa nds our policy and procedures for keeping everyone safe when working outdoors. Training addresses how to acclimate to the heat, how much water to drink, the signs and symptoms of heat illness, the importance or reporting symptoms to your supervisor, and how to get help in an emergency.

Additional training resources are available at http://www.dir.ca.gov/DOSH/HeatIllnessInfo.html.

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12 APPENDIX C: TYPES OF HEAT ILLNESSES

Heat Illness Definition/Description Signs/Symptoms What to Do Heat Rash
(Prickly Heat)
• Is a skin irritation
caused by sweat that
does not evaporate
from the skin
• Clusters of red bumps
on skin
• Often appears on neck,
upper chest, folds of
skin
• Try to work in a cooler, less
humid environment
• Keep the affected areas dry
Muscle
(Heat)
Cramps
• Occurs during or after
intense physical
activity
• Victim will experience
acute, painful,
involuntary muscle
contractions typically
in the arms, legs, or
abdomen.
• Dehydration
• Thirst
• Fatigue
• Sweating
• Muscle spasms
• Pain
• Stop all activity and sit
quietly in a cool place.
• Drink clear water or a
sports drink.
• Do not engage in
exercise/strenuous activity
for a few hours after
cramps subside, as this may
lead to heat exhaustion or
heat stroke.
• Seek medical attention if
heat cramps do not subside
in 1 hour.

Heat Syncope • Occurs as result of
exposure to high
temperatures
• Typically occurs
during the first 5 days
of acclimation to
physical activity in the
heat
• May also occur after a
long period of
standing after
physical activity
• Faintness
• Dizziness
• Headache
• Increased pulse rate
• Restlessness
• Nausea
• Vomiting
• Brief loss of
consciousness
• Lie down in a cool place.
• Elevate the feet.
• Drink clear water or a
sports drink.
• Refrain from vigorous
activity.

Heat
(Exercise)
Exhaustion
• The inability to
continue exercising
that is associated with
heavy sweating,
dehydration, energy
depletion, and sodium
loss
• Frequently occurs in
hot, humid conditions
• Cool, moist skin with
goose bumps when in
the heat
• Heavy sweating
• Faintness
• Dizziness
• Fatigue
• Weak, rapid pulse
• Low blood pressure
upon standing
• Muscle cramps
• Nausea
• Headache
• Seek medical attention
immediately if symptoms
are severe, the victim has
existing heart problems or
high blood pressure.
• You may attempt to cool
the victim by giving cool,
non-alcoholic beverages (as
directed by physician), rest,
cool shower/bath/sponge
bath, moving to an air
conditioned environment,
and wearing lightweight
clothing.
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13 Heat Illness Definition/Description Signs/Symptoms What to Do Heat Stroke • Life-threatening
unless promptly
recognized and
treated
• Occurs as a result of
prolonged heat
exposure while
engaging in physical
activity
• Symptoms are a result
of the body shutting
down when it is no
longer able to
regulate temperature
naturally
• Throbbing headache
• Dizziness and light-
headedness
• Lack
of sweating despite the
heat
• Red, hot, and dry skin
• Muscle weakness or cr
amps
• Nausea and vomiting
• Rapid heartbeat, which
may be either strong
or weak
• Rapid, shallow
breathing
• Behavioral changes
such as confusion,
disorientation, or
staggering
• Seizures
• Unconsciousness
• If any symptoms are
evident-CALL 9-1-1
• Move victim to shady area.
• Remove excess clothing.
• Cool victim rapidly using
whatever methods are
available, i.e. ice packs
placed at pulse points at
the neck, arms, groin, knees
and ankles; spray the victim
with cool water and then
fan the victim.
• Monitor the victim’s body
temperature and continue
to cool until the
temperature drops to less
than 101°F
• Continue first aid until
medical professionals arrive
and take over.
• If emergency response is
delayed, call the emergency
room for instructions.

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14 APPENDIX D: DEFINITIONS

Acclimatization
The body’s temporary adaptation to hot environments occurs gradually when a person is exposed to such an environment. Acclimatization peaks in most people within four to fourteen days of regular work for at least two hours per day in the heat.

Affected Employees
Employees who perform, or may perform, work activities that have, or may have, environmental heat illness risk factors.

Heat Illness
Refers to a serious medical condition resulting from the body’s inability to cope with a particular heat load, and includes heat cramps, heat exhaustion, heat syncope and heat stroke.

High Heat Conditions
When outdoor temperatures equal or exceed 95°F.

Preventative Recovery Period
A period of time to recover from the heat in order to prevent heat illness

Environmental Risk Factors for Heat Illness
Working conditions that create the possibility that heat illness could occur, including air temperature, relative humidity, and radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload severity and duration, p rotective clothing and personal protective equipment worn by employees.

Personal Risk Factors for Heat Illness
Risk factors such as an individual’s age, degree of acclimatization, health, water consumption, alcohol consumption, caffeine consumption, and u se of prescription medications that affect the body’s water retention or other physiological responses to heat.

Shade
Blockage of direct sunlight. One indicator that blockage is sufficient is when objects do not cast a shadow in the area of blocked sunlight. Shade is not adequate when heat in the area of shade defeats the purpose of shade, which is to allow the body to cool. For example, a car sitting in the sun does not provide acceptable shade to a person inside it, unless the car is running with air conditioning. Shade may be provided by any natural or artificial means that does not expose employees to unsafe or unhealthy conditions and that does not discourage access.

539
15 Temperature
The dry bulb temperature in degrees Fahrenheit obtainable by using a thermometer to measure the outdoor temperature in an area where there is no shade. While the temperature measurement must be taken in an area with full sunlight, the bulb or sensor of the thermometer should be shielded while taking the measurement, e.g. , with the hand or some other object, from direct contact by sunlight.

Potentially Impacted Employees
Employees whose job tasks expose them to environmental risk factors for heat illness.

Preventative Recovery Period
A period of time to recover from the heat in order to prevent heat illness.

Provision of Water
Employees shall have access to potable drinking water meeting the requirements of Sections 1524, 3363, and 3457, as applicable, including but not limited to the requirements that it be fresh, pure, suitably cool, and provided to employees free of charge. The water shall be located as close as practicable to the areas where employees are working. Where drinking water is not plumbed or otherwise continuously supplied, it shall be provided in sufficient quantity at the beginning of the work shift to provide one quart per employee per hour for drinking for the entire shift.

Employers may begin the shift with smaller quantities of water if they have effective procedures for replenishment during the shift as needed to allow employees to drink one quart or more per hour. The frequent drinking of water, as described in subsection (h)(1)(C), shall be encouraged.

The importance of frequent consumption of small quantities of water, up to 4 cups per hour, when the work environment is hot and employees are likely to be sweating more than usual in the performance of their duties.
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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.11
July 27, 2022
Approval of a Contract Amendment for So)ware Support Services Provided by Gray Quarter Inc.

Prepared By:

Johnny Terfehr
Recommended Action(s)
Staff recommends that the City Council approve an amendment to the City's contract with Gray Quarter, Inc. to provide software support services, for a total not-to-exceed amount of $49,810.00

Summary
The Community Safety Department u)lizes Gray Quarter, Inc. to provide so+ware support and administra)on of the Accela Civic Pla.orm. Accela Civic Pla.orm provides cloud-based solu)ons and for permi0ng, project review, licensing, code enforcement, and service request management. The use of Accela Civic Pla.orm has allowed City staff to be more efficient and provide addi)onal services to the community.

To accommodate so+ware support provided by Gray Quarter, Inc. during fiscal year 2021-22, the Community Safety Department is reques)ng an $8,000.00 increase to the contract. The increase will result in a total compensation amount of $49,345.00.

Background
On January 7, 2020, the City entered into an agreement with Gray Quarter, Inc. to provide so+ware support and administra)on of Accela Civic Pla.orm for a total amount of $12,395.00 for fiscal year 2021/2022. The services included, but were not limited to, new user configura)on, scrip)ng assistance, issue resolu)on, and training. In the current fiscal year through the partnership with 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Gray Quarter, the City has been able to transi)on to digital applica)on and plan review for all building permit types. Residents and builders can now apply online, have plans reviewed online, pay fees online, obtain a permit, and request inspections all without the need to visit City Hall. The same improvements are in progress Planning applica)ons through a separate purchase order with Gray Quarter.

To accommodate addi)onal so+ware support services, the purchase order was increased by $12,950.00 on December 7, 2021. This resulted in the
total purchase order amount increasing to
$25,345.00. A second purchase order (#983) in fiscal year 2021-22 is for Planning and is in the amount of $16,000 (covered by a grant). The total for both purchase orders in fiscal year 2021-22, including the $8,000 increase is $49,345.00.

Environmental
Not applicable.

Strategic Plan Action - Priority Level: N/A
| Target #: 7
| Goal #: 7
Increasing the purchase order for Gray Quarter, Inc. supports the goal of inves)ng internally in software and technology
improvements to enhance customer service (Target 7, Goal 7).

Fiscal Impact
City Council approved Funds are available in General Fund account 100-301-6490 to accommodate this increase.

Prior City Council/Commission Action
Not applicable.

Attachment(s)
Attachment 1 - Gray Quarter Contract Amendment

Attachment 2 - Accela Civic Platform Administration_01.07.2020.pdf

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First Amendment to Agreement
This First Amendment to Agreement (“First Amendment”) is entered into this 27th day of July, 2022 by and between the City of Eastvale, a California general law city (“City”), and Gray Quarter, Inc., (“Contractor”), as follows:

RECITALS
A. City and Contractor entered in an agreement for Accela Software Support Services on or about January 7, 2020 for a fee not-to-exceed $12,395. The not- to-exceed fee was fully expended during fiscal year 2020/21.

B. City and Contractor desire to amend the not-to-exceed fee to reflect additional work conducted during fiscal year 2021/22.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:

1. AMENDMENTS.
a. Compensation. Section 4 and Exhibit B of the Agreement are amended to increase the not-to-exceed compensation amount to $49,810.

2. GENERAL PROVISIONS.
a. Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.
b. Integration. This First Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment.
c. Effective Date. This First Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the City and Consultant.
d. Applicable Law . The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. e. References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same 543
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meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

CITY OF EASTVALE:
____________________________
Henry Garcia, Interim City Manager
APPROVED AS TO FORM:
____________________________
Erica L. Vega, City Attorney
ATTEST:
____________________________
Marc Donohue, City Clerk
Gray Quarter, Inc.
_______________________
Name: __________________
Title: ___________________
544

AGREEMENT FOR SERVICES
Accela Civic Platform Administration]
I Services (" Agreement") Is entered Into as of this l^ dav of GrarOuaSl I*" " t"® CityofEastvale, a municipalcorporationfcity") LdGrayQuarter, Inc.. a California corporation (" Contractor"). City and Contractor are dTasTe^ P^rtiJ^^ -°" ectively

RECITALS
f ^ sought, by direct negotiation the performance of theservicesdefinedand described particularly in Section 2 of this Agreement. r following submission of a proposal for the performance of the i? to Sr^ rtro^^
desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
hv th. D°^' in consideration of the mutual promises and covenantsmadebythe 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.

Sut^ ect to the provisions of Section 20 " Termination of Agreement" of this aSrH^ oh i® ° n® C) commencing on the datefirstascribedabove. This Agreement shall renew automatically for a subsequent three ( 3) year term unless either Party provides the other party with a written notice of nonrenewal at least ninety ( 90) days before the end of the initial term.

SECTION 2. SCOPE OF SERVICES.
to perform the services set forth in Exhibit " A" " Scope of reference ^ ' Services") and made a part of this Agreementby this SECTION 3. ADDITIONAL SERVICES.
norf^ r ^^^ 11 not be compensated for any work rendered in connection with its h , Agreement that are in addition to or outside of the Services unless qprLn oTS ^ J^thorizedin advance and in writing in accordancewithSection26 Administration and Implementation" or Section 28 " Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall 1 545
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562

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.12
July 27, 2022
Contract Amendment to On-call Contracts for Various Engineering Professional Services
Prepared By:

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

1. Authorize the City Manager to execute amendments to the On-call Contracts for Engineering Professional Services to eliminate the not-to-exceed amount and authorize the City Manager to approve all task orders; and

2. Authorize the City Manager to approve task orders for the On-Call Contracts for Engineering Professional Services in an amount that, in the aggregate, does not to exceed $2,000,000 per fiscal year across all disciplines.

Summary
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, traffic signals, street lights, traffic signs, and storm drain inlets. Through ini/a/ves such as the Capital Improvement Program, we ac/vely improve the City’s infrastructure. Our mission is to keep the ameni/es that make Eastvale a premiere loca/on to live and raise a family and to make sure the needs of Eastvale residents are met and exceeded every day.

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 services we provide ensure compliance with City Codes and design standards. Public Works 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Inspec/on provides a broad spectrum of services related to Public Works ac/vi/es. These services include the inspec/on of all improvements above ground (street improvements, curbs, gu.ers, sidewalks, street lights, traffic signals, pavement striping, etc.) and underground (sewer, water and storm drain) for private development and Capital Improvement Projects. The purpose of inspec/on is to ensure the compliance with plans, specifica/ons, local, state and federal laws, regula/ons and ordinances.

In order to advance the goals and policies of the City Council outlined in the City's Strategic Plan and to provide the efficient services to community, residents and developments in /mely manner, the City entered into agreements for on-call engineering and professional consul/ng services with multiple professional consulting firms. The on-call services include disciplines listed below:

Private Land Development - Project Management (4)
Private Land Development - Plan Check Services (5)
Structural Engineering (3)
Geotechnical Engineering, Inspection and Material Testing (7) Land Surveying (5)
Grant Writing Management Services (4)
Geographic Information System (GIS) (4)
Landscape plan check and design services (4)
Traffic/Transportation Services (7)
Construction Management and Support (7)
Construction Inspection Services (7)
General Civil Project Planning and Engineering (9)
Project Management - Capital Improvement Project (6)

Each on-call contract was approved with $150,000 not-to-exceed amount per fiscal year per discipline. However, there are disciplines that one consultant will need more than $150,000 per fiscal year to efficiently provide needed service, such as construc/on management, inspec/on, project management and general civil. Such on-call disciplines require a higher not-to-exceed threshold to take advantage of the on-call consultants status. Furthermore, $150k not-to-exceed amount per discipline for 42 total contracts total up to a very high dollar amount that cannot be realistically utilized for the betterment of City and Public Works' needs. Therefore, staff recommends amending the on-call contracts; and, authorizing the City Manager to approve task orders for the on-call services from all of the disciplines combined listed above, in an aggregate amount to not-to- exceed $2 million per fiscal year.

Background
In the past, the City u/lized services from one consultant, Interwest Consul/ng Group (Interwest), for various engineering services. The total expenditure related to engineering services was about $263k per month, $3.15 million per year, until the end of Fiscal Year 19-20.

Since September 2020, City started to hire full-/me in-house engineering staff and now have a team of seven (7) Public Works Engineering staffs comprised of City Engineer, Principal Engineer, Senior Engineer, Associate Engineer, Assistant Engineer, Landscape and Facili/es Superintendent and Management Analyst. The services provided by Interwest gradually reduced aGer the City hired in- house engineering staff. Current monthly invoice averages $23k per month and is expected to reduce further. By hiring in-house staffs, City is saving approximately $2 million per year, considering 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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fully burden rate of all Public Works staff hired since September 2020.

Staff recommends authorizing the City Manager to approve task orders to various on-call consultants to provide necessary exper/se in an aggregate not-to-exceed $2 million per year. This will not increase the expenditure and will streamline the process of awarding projects to the most suitable and qualified firms and greatly reduce the amount of /me needed to complete capital improvement projects, technical studies, and efficiently provide development review services.

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: N/A
| Target #: 1
| Goal #: 1
Right-size the organiza/on and staffing consistent with City services, needs, expecta/ons, and strategic plan priorities.

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 was approved for fiscal year 2022-23 through normal budget approval prac/ces. A majority of the budget u/lized will likely be in the General Fund, Gas Tax Fund, and Measure A Fund; addi/onally services provided for private development will be billed to the developer.

The master contracts do not guarantee work to any of the on-call consultants. Work will be authorized as needed by the City subject to funding and budget availability.

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

Private Land Development - Project Management
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

On April 13, 2022, the City Council approved an on-call bench list for the following disciplines:

Traffic/Transportation Engineering Services
Construction Management and Support
Construction Inspection Services
General Civil Project Planning and Engineering
Project Management - Capital Improvement Project
Attachment(s)
Attachment 1 - Sample On Call Contract
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Attachment 2 - Sample First Amendment to On Call Contract

Attachment 3 - Engineering On-call Consultants List

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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 568
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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.

City may inspect and accept or reject any of Contra ctor’s work under this Agreement, either during performance or when comple ted. City shall reject or finally accept Contractor’s work within sixty (60) days aft er submitted to City. City shall reject work by a timely written explanation, otherwise Con tractor’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 mis takes as amount to fraud.

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 569
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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.

SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performan ce of the Services. Contractor shall maintain any and all ledgers, books of account, inv oices, vouchers, canceled checks, or other documents or records evidencing or relating t o work, services, expenditures and disbursements charged to City pursuant to this Agre ement. Any and all such documents or records shall be maintained in accorda nce with generally accepted accounting principles and shall be sufficiently com plete and detailed so as to permit an accurate evaluation of the services provided by Con tractor pursuant to this Agreement.

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.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a w holly independent contractor and not an officer, employee or agent of City. Con tractor shall have no authority to bind City in any manner, nor to incur any obligation, de bt 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. 570
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(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.

Contractor 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., as amended, and in connection therewith, shall not employ unauthori zed aliens as defined therein.

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. 572
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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 shall promptly notify City should Contra ctor, its officers, employees, agents or subcontractors, be served with any summon s, 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 th e right, but has no obligation, to represent Contractor or be present at any depositio n, 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 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.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Wh ere the law establishes a professional standard of care for Contractor’s serv ices, to the fullest extent permitted by 573
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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.

In the event that Contractor is in default under th e terms of this Agreement, the City shall not have any obligation or duty to conti nue 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. Th e notice shall include the timeframe in 575
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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.

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: 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 577
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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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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 581

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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 582

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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.

3. The procuring of such required policy or polic ies of insurance shall not be construed to limit Contractor’s liability he reunder nor to fulfill the indemnification provisions and requirements of this Agreement.

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FIRST AMENDMENT TO ON-CALL PROFESSIONAL SERVICES
This First Amendment to On-Call Professional Services Agreement (“First Amendment”) is hereby entered into on July ___, 2022 by and between 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 and Contractor entered into on-call professional services agreement on or about ________________ (“Agreement”).

B. On ___________, the City of Eastvale City Council authorized an increase to the not to exceed amount and the City Manager’s authority to approve task orders.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:

1. AMENDMENTS. The Agreement is hereby modified and amended as follows:

1.1 Section 4 (Compensation and Method of Payment), paragraph (a) is amended to read as follows:
“The City has entered into forty-two (42) non-exclusive contracts, including this Agreement, for performance of the Scope of Services identified in Exhibit A as well as other types of professional services (“On-Call Contracts”). 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 approve Task Orders for Services. It is understood and agreed that there is no guarantee, either expressed or implied that any Services will be authorized under the On-Call Contracts through Task Orders. Contractor acknowledges and agrees that the City will not pay any amount under this Agreement without an approved Task Order.”

1.2 Section 28 (Amendment) is amended to read as follows:
“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 Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The 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 584
IRV #4813-1014-2945 v1
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.”

2. GENERAL PROVISIONS.

2.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the Parties.

2.2 Integration. This First Amendment constitutes the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the transaction discussed in this First Amendment.

2.3 Effective Date. This First Amendment shall not become effective until the date it has been executed by the appropriate authorities of the Parties.

2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.

2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.

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

CITY OF EASTVALE
___________________________
City Manager
ATTEST:
___________________________
Marc A. Donohue, MMC
City Clerk
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IRV #4813-1014-2945 v1

APPROVED AS TO FORM
_______________________________
Erica L. Vega
City Attorney
[CONTRACTOR NAME]
________________________________
By:

Its: _____________________________
586

DISCIPLINE AWARDED CONSULTANTS AWARD DATE
Geovironment Consulting
HR Green
NV5
Michael Baker
Mark Thomas
PacRim
Michael Baker
Webb
HR Green
LAE
Next Level Engineering
CAV
CSG
ERSC
HR Green
Michael Baker
Earth Systems
GeoMat
GeoTek
Leighton
Ninyo & Moore
NV5
RMA
Petra Geo
Coast Surveying
Johnson-Frank
Michael Baker
NV5
Webb
CSG
Michael Baker
MNS
Transtech
Architerra
CWDG
VDLA
Webb
Webb
Fehr & Peers
Michael Baker
STC Traffic
TKM
Transtech
Kimley Horn

AWARDED ON-CALL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES 4/13/2022
4/13/2022
4/13/2022
4/13/2022
4/13/2022
4/13/2022
4/13/2022
1/12/2022
4/13/2022
Land Surveying
Grant Writing and Management Services
Landscape plan check and design services
Traffic/Transportation Engineering Services
Geographic Information System (GIS)
Structural Engineering
Private Land Development - Project Management
Private Land Development - Plan Check Services
Geotehcnical Engineering, Inspection and Material Testing 587

DISCIPLINE AWARDED CONSULTANTS AWARD DATE
Next Level Engineering
Cumming
FALCON
Griffin Structures
DUDEK
KOA
Onward
Webb
Mark Thomas
ERSC
Hunsaker
KOA
NV5
Onward
Psomas
Kimley Horn
Next Level Engineering
Cumming
Griffin Structures
LAE
FALCON
TKE
FALCON
Dudek
GK&Associates
KOA
Onward
SA Associates
W&A

AWARDED ON-CALL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES Project Management - Capital Improvement Project
Construction Inspection Services 1/12/2022
1/12/2022
1/12/2022
1/12/2022Construction Management and Support
General Civil Project Planning and Engineering
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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.13
July 27, 2022
First Amendment to the Road and Bridge Benefit District (RBBD) Credit Agreements for the Homestead and Merge Projects
Prepared By:

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

1 .

Authorize the City Manager to execute the first amendment to the Road and Bridge Benefit District (RBBD) Credit Agreements for the Homestead and Merge Projects; and 2 .

Authorize the City Manager to execute reimbursement per the Credit Agreement and other necessary documents.

Summary
The Merge project was condi.onally approved by the City Council on November 12, 2018 to construct a landscape median along Archibald Avenue and Limonite Avenue within the project frontage or pay an in-lieu fee.

The Homestead project was conditionally approved by the City Council on April 8, 2020 to construct landscape median and widen the street along Archibald Avenue within the project frontage.

Improvements for both projects are listed on the Road and Bridge Benefit District (RBBD) improvement list and are eligible for a credit of fees and reimbursement. The City entered into Road and Benefit District (RBBD) credit agreement with the developer of the Merge Project (Merge Company, LLLC) and Homestead project (Homestead, LLC) on February 26, 2020 and on May 13, 2020 respectively.

The maximum eligible reimbursement for the Merge project to construct a landscape median along 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Limonite Avenue and Archibald Avenue within the project frontage is $157,495. However, since the developer is only required to construct half width improvements or or pay an in-lieu fee for their their fair share, staff recommends amending the maximum reimbursement amount to $78,747.50 which is half of the full amount. Likewise for the Homestead project, the maximum eligible reimbursement amount for the landscape median is $113,516 but since the developer is only obligated to construct improvements, staff recommends amending the the maximum reimbursement amount to $56,758, which represents half of the full amount. The maximum eligible reimbursement of all RBBD improvements including credits for widening Archibald Avenue ($457,132) will be $543,890. Attachment 5 shows the landscape median obligation for Limonite Avenue and Archibald Avenue.

Background
The Merge, located at the north-east corner of Archibald and Limonite, paid the in-lieu fee to construct a full landscape median along Archibald Avenue and Limonite Avenue within their frontage, although they are only obligated to pay for their share, which is half of the median.

Therefore City will reimburse the half of the received in-lieu fee back to the Merge developer, which will be the responsibility of, and collected from, the Walmart developers of the currently vacant parcel located at the south-east corner of said intersection.

Homestead will construct landscape median along Archibald Avenue north of Limonite Avenue once the Southern California Edison (SCE) transmission poles are relocated. Homestead paid the in-lieu fee for their share of landscape median along Archibald Avenue south of Limonite Avenue. The Walmart project has been condi.oned to complete the construc.on of landscape median along Limonite Avenue and Archibald Avenue.

Once all in-lieu fee and/or improvement obliga.ons are completed by the developer, the City Manager will be authorized to release reimbursement per the approved credit agreement.

Environmental
This request is not a project as defined by the California Environmental Quality Act and no environmental review is required.

Strategic Plan Action - Priority Level: N/A
| Target #: 5
| Goal #: 3
Plan for landscape, roads, and street maintenance
Fiscal Impact
There will be no impact to the General Fund. Long term maintenance of the streets and appurtenances is the City’s obligation and funding from Community Facilities District (CFD) will be used to meet this obligation once the City accepts the project as complete.

Prior City Council/Commission Action
On November 12, 2018, City Council approved the Conditions of Approval of Parcel Map No. 37649 - Merge project.

On February 26, 2020, City Council approved RBBD Credit Agreement for the Merge project.

On April 7, 2020, City Council approved the Conditions of Approval of Parcel Map No. 37771 - Homestead project.

On May 13, 2020, City Council approved RBBD Credit Agreement for the Homestead project. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Attachment(s)
Attachment 1 - Merge RBBD Credit Agreement
Attachment 2 - Homestead RBBD Credit Agreement

Attachment 3 - Merge RBBD First Amendment
Attachment 4 - Homestead RBBD First Amendment
Attachment 5 - Landscape Median Obligation Exhibit

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IRV #4813-1014-2945 v1

FIRST AMENDMENT TO PROJECT AGREEMENT

ROAD AND BRIDGE BENEFIT DISTRICT
(MIRA LOMA – ZONE D – A5-0267)

This First Amendment to Project Agreement Road and Bridge Benefit District (“First Amendment”) is hereby entered into on February ___, 2022 by and between the City of Eastvale, a municipal corporation (“City”), and The Merge Company I, LLC, a California limited liability corporation (“Developer”). The City and Developer are collectively referred to as the “Parties”.

RECITALS
A. City and Developer entered into the Project Agreement Road and Bridge Benefit District (Mira Loma – Zone D – A5-0267) on or about March 4, 2020 (“Agreement”).

B. This First Amendment amends the Agreement to alter to not to exceed amount of the design and construction cost reimbursement amount listed in the Agreement, and Exhibit D to the Agreement.

OPERATIVE PROVISIONS

NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:

1. AMENDMENTS. The Agreement is hereby modified and amended as follows:

1.1 Recitals. The fifth recital of the Agreement is hereby amended and restated in its entirety as follows: “WHEREAS, the design and construction cost reimbursement of the Improvements will be based on actual costs in an amount not to exceed $78,747.50 as shown on Exhibit D, which is attached hereto and made a part hereof; and”

1.2 Exhibit D. Exhibit D to the Agreement, is hereby amended and replaced with the Exhibit D attached hereto and incorporated herein.

2. GENERAL PROVISIONS.

2.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the Parties.

2.2 Integration. This First Amendment constitutes the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the transaction discussed in this First Amendment.
635

IRV #4813-1014-2945 v1

2.3 Effective Date. This First Amendment shall not become effective until the date it has been executed by the appropriate authorities of the Parties.

2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.

2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.
[Signature Page to Follow]

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IRV #4813-1014-2945 v1
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

CITY OF EASTVALE
___________________________
City Manager
ATTEST:
___________________________
Marc A. Donohue, MMC
City Clerk

APPROVED AS TO FORM
_______________________________
Erica L. Vega
City Attorney

THE MERGE COMPANY I, LLC
By:
_____________________________
Its: ______________________________
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638

IRV #4813-1014-2945 v1

FIRST AMENDMENT TO PROJECT AGREEMENT

ROAD AND BRIDGE BENEFIT DISTRICT
(MIRA LOMA – ZONE D – A5-0267)

This First Amendment to Project Agreement Road and Bridge Benefit District (“First Amendment”) is hereby entered into on February ___, 2022 by and between the City of Eastvale, a municipal corporation (“City”), The Homestead, LLC , a California limited liability corporation (“Homestead”), and DPIF3 CA 27 Archibald Ave., LLC (“DPIF3”). The City, Homestead, and DPIF3 are collectively referred to as the “Parties”.

RECITALS
A. City and Homestead entered into the Project Agreement Road and Bridge Benefit District (Mira Loma – Zone D – A5-0267) on or about May 19, 2020 (“Agreement”).

B. Homestead wishes to assign its rights and obligations under the Agreement to DPIF3, and the City wishes to consent to the assignment.

C. This First Amendment amends the Agreement to alter the not to exceed amount of the design and construction cost reimbursement amount listed in the Agreement and Exhibit D to the Agreement, and .

OPERATIVE PROVISIONS

NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:

1. AMENDMENTS. The Agreement is hereby modified and amended as follows:

1.1 Recitals. The fifth recital of the Agreement is hereby amended and restated in its entirety as follows: “WHEREAS, the design and construction cost reimbursement of the Improvements will be based on actual costs in an amount not to exceed $543,890 as shown on Exhibit D, which is attached hereto and made a part hereof; and”

1.2 Exhibit D. Exhibit D to the Agreement, is hereby amended and replaced with the Exhibit D attached hereto and incorporated herein.

2. ASSIGNMENT. In accordance with Section 19 of the Agreement, Homestead assigns all rights and obligations under the Agreement to DPIF3, and the City consents to the assignment.

3. GENERAL PROVISIONS.
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IRV #4813-1014-2945 v1

3.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the Parties.

3.2 Integration. This First Amendment constitutes the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the transaction discussed in this First Amendment.

3.3 Effective Date. This First Amendment shall not become effective until the date it has been executed by the appropriate authorities of the Parties.

3.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.

3.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.
[Signature Page to Follow]

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IRV #4813-1014-2945 v1

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

CITY OF EASTVALE
___________________________
City Manager
ATTEST:
___________________________
Marc A. Donohue, MMC
City Clerk

APPROVED AS TO FORM
_______________________________
Erica L. Vega
City Attorney

THE HOMESTEAD, LLC
By:

Its: ______________________________
DPIF3 CA 27 ARCHIBALD AVE., LLC
By:

Its: ______________________________
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LIMONITE AVENUE

ARCHIBALD AVENUE
MERGE

HOMESTEAD

WALMART

LIMONITE AVENUE AND

ARCHIBALD AVENUE

LANDSCAPE MEDIAN

CONTRIBUTION EXHIBIT
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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.14
July 27, 2022
Conflict of Interest Code Update
Prepared By:

Marc A. Donohue, City Clerk/Communications Director
Recommended Action(s)
Staff recommends that the City Council adopt a Resolu
on amending the City's Conflict of Interest
Code.

Summary
The Poli
cal Reform Act (PRA) of 1974 contains a general prohibi on that “no public official or
employee at any level of state or local government shall make, par cipate in making or in any way
a0empt to use his/her official posi
on to influence a governmental decision in which s/he knows or has reason to know s/he has a financial interest.”

The PRA requires that local agencies adopt a formal Conflict of Interest Code, review its Code Biennially every even year, and make amendments, if necessary. A Conflict of Interest Code requires certain employees, who are most likely to be involved in government decision-making and where potential conflicts may be present, to file an annual Form 700.

Background
The FPPC advises that agencies are required to incorporate the provisions of the California Code of Regula
ons §18730 by reference, along with appendices providing disclosure categories and lis ng
of designated posi
ons, to cons
tute the forma
on of a conflict of interest code. Regula
on §18730
outlines the references to statues and regula
ons that govern designated posi
ons, disclosure
categories,
me of filing, contents of, period covered, manner of repor ng, how interests are to be
reported, defini
on of terms, disqualifica
on as well as prohibi
on on receipt of honoraria, gi;s,
loans, and travel payments. The incorpora
on of Regula
on §18730 provides the legal basis for the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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code to be a document that has force and effect.

Staff has reviewed the City’s exis
ng conflict of interest code and is proposing the following modifica
ons to the list of designated posi
ons in order to reflect the current organiza
onal
structure:

Revision of the Community Development Director posi
on to Community Development/Public
Works Director
Revision of Talent & Special Projects Manager to Human Resources and Risk Manager Addition of the Deputy Human Resources/Risk Manager Director position Addition of the Community Services Manager position
Addition of the Finance Manager position
Addition of the Principal Engineer position
Addition of the Associate Engineer position
Addition of the Senior Planner position
Addition of the Community Safety Director position
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
The City Council adopted its original conflict of interest code in June 2011 and was last updated in September 2020.

Attachment(s)
Attachment 1 - Conflict of Interest Code Resolution

Attachment 2 - Conflict of Interest Code Exhibit A

Attachment 3 - Conflict of Interest Code Exhibit B

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1 RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING THE CITY’S CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act (Government Code Section 81000 et seq.) requires local government agencies to adopt conflict of interest codes; and WHEREAS, the City Council adopted Resolution 11-46 on June 26, 2011, establishing a conflict of interest code; and
WHEREAS, the City Council adopted Resolution 12-51 on November 14, 2012, adopting an amended conflict of interest code; and
WHEREAS, the City Council adopted Resolution 15-02 on January 14, 2015, adopting an amended conflict of interest code; and
WHEREAS, the City Council adopted Resolution 18-44 on July 25, 2018, adopting an amended conflict of interest code; and
WHEREAS, the City Council adopted Resolution 19-03 on February 13, 2019, adopting an amended conflict of interest code; and
WHEREAS, the City Council adopted Resolution 20-60 on September 9, 2020, adopting an amended conflict of interest code; and
WHEREAS, the Political Reform Act requires that the City Council review its Conflict of Interest Code biennially to determine whether amendments are required; and WHEREAS, changes to the City’s organizational structure make it appropriate to amend the conflict of interest code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. Resolution No. 20-60 is hereby repealed.

SECTION 2. The terms of 2 California Code of Regulations Section 18730, a copy of which is attached hereto as Exhibit A, and any amendments to it duly adopted by the Fair Political Practices Commission, is hereby adopted as the conflict of interest code for the City. Those regulations, together with Exhibits B and C to this resolution, in which members and employees are designated and disclosure categories are set forth and explained, shall constitute the conflict of interest code for the City.
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2 SECTION 3. Employees designated in Exhibit B hereto shall file Statements of Economic Interests (Form 700) with the City Clerk pursuant to this resolution. The City Council, City Manager, City Attorney, City Treasurer, and officials who manage public investments shall file a Form 700 pursuant to state law (Gov. Code § 87200 et seq.) with the City Clerk who shall forward a copy of the statement to the Fair Political Practices Commission (FPPC). The City Clerk shall retain a copy of all statements of economic interests and make them available for public inspection and reproduction (Gov. Code § 81008).

SECTION 4. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED, AND ADOPTED this 27th day of July, 2022. __________________________________________
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
647
3 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 27 th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
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City of Eastvale 1 Conflict of Interest Code

EXHIBIT A

CONFLICT OF INTEREST CODE

CITY OF EASTVALE

INCORPORATION OF CALIFORNIA

CODE OF REGULATIONS BY REFERENCE
18730. Provisions of Conflict of Interest Codes
Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code section 87100, and to other state or local laws pertaining to conflicts of interest.

The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:

SECTION 1. DEFINITIONS
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code.

SECTION 2. DESIGNATED EMPLOYEES
The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests.

SECTION 3. DISCLOSURE CATEGORIES
This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. 649
City of Eastvale 2 Conflict of Interest Code
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office.

SECTION 4. STATEMENTS OF ECONOMIC INTERESTS: PLACE OF FILING The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 SECTION 5. STATEMENTS OF ECONOMIC INTERESTS: TIME OF FILING (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.

SECTION 5.5. STATEMENTS FOR PERSONS WHO RESIGN PRIOR TO ASSUMING OFFICE
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Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.

SECTION 6. CONTENTS OF AND PERIOD COVERED BY STATEMENTS OF ECONOMIC

INTERESTS
(A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.

Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later.
(D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. 651
City of Eastvale 4 Conflict of Interest Code
SECTION 7. MANNER OF REPORTING
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property 3 is required to be reported 4 the statement shall contain the following:

1. A statement of the nature of the investment or interest;

2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000). (B) Personal Income Disclosure. When personal income is required to be reported 5 the statement shall contain:

1. The name and address of each source of income aggregating five hundred dollars ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars ($100,000);

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported6 the statement shall contain:
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1. The name, address, and a general description of the business activity of the business entity;

2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000).
(D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.

SECTION 8. PROHIBITION ON RECEIPT OF HONORARIA
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official.

Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section.

This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code section 89506.

SECTION 8.1. PROHIBITION ON RECEIPT OF GIFTS IN EXCESS OF $470 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $470 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official.

Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the prohibitions in this section.

SECTION 8.2. LOANS TO PUBLIC OFFICIALS
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(A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
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City of Eastvale 7 Conflict of Interest Code

3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500) at any given time.

4. Loans made, or offered in writing, before January 1, 1998.

SECTION 8.3. LOAN TERMS
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.

SECTION 8.4 PERSONAL LOANS.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
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City of Eastvale 8 Conflict of Interest Code
b. The date the last payment of one hundred dollars ($100) or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($250) during the previous 12 months. (B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.

SECTION 9. DISQUALIFICATION
No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth two thousand dollars ($2,000) or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth two thousand dollars ($2,000) or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided to, received 656
City of Eastvale 9 Conflict of Interest Code
by or promised to the designated employee within 12 months prior to the time when the decision is made;
(D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $470 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.

SECTION 9.3. LEGALLY REQUIRED PARTICIPATION
No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section.

SECTION 9.5. DISQUALIFICATION OF STATE OFFICERS AND EMPLOYEES In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services or 18705.2(c) totaling in value one thousand dollars ($1,000) or more.

SECTION 10. DISCLOSURE OF DISQUALIFYING INTEREST
When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest.

SECTION 11. ASSISTANCE OF THE COMMISSION AND COUNSEL
Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion.
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SECTION 12. VIOLATIONS.

This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000--91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003.

NOTE: Authority cited: Section 83112, Government Code. Reference: Section 87302, Government Code.
__________________________
FOOTNOTES:

1Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code section 81004.
2 See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer.
3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
5A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency.
6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. 658

EXHIBIT B

DESIGNATED POSITIONS
A “designated employee” is an officer, employee, member, or consultant of an agency whose position is designated in the Code because the position entails the making or participation in the making of governmental decisions which may foreseeably have a material effect on any financial interest (Government Code Section 82019).

Job Title Disclosure Category
❖ Accounting Manager
❖ Assistant City Clerk
❖ Associate Engineer
❖ Building Official
❖ City Engineer
❖ City Clerk/Communications Director
❖ Community Development/Public Works Director
❖ Community Enhancement & Safety Manager
❖ Community Safety Director
❖ Community Services Manager
❖ Deputy Human Resources/Risk Management Director
❖ Finance Director/City Treasurer
❖ Finance Manager
❖ Human Resources and Risk Manager
❖ Management Analyst
❖ Planning Manager
❖ Principal Engineer
❖ Senior Management Analyst
❖ Senior Engineer
❖ Senior Planner
❖ Consultants*
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
* Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the C ode s ubject to the following limitation: The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to per form a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon the description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
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NOTE: The City Council, City Manager, City Attorney, Finance Director/City Treasurer, and Planning Commissioners are not included as “designated positions” as the disclosure obligations for these positions are set forth by Government Code Section 87200, et seq.

EXHIBIT C

DISCLOSURE CATEGORIES

All disclosure definitions are contained in the Political Reform Act and all design ated employees shall make disclosure in all categories.

Category 1:

All sources of i ncome unless otherwise exempt from disclosure by the Political Reform Act.

Category 2:

All interests in real property located within the jurisdiction.

Category 3:

All investments in business entities and sources of income of the type that contract to provide services, materials, supplies, or office equipment to the City.

Category 4:

All investments in business entities and sources of income of the type that contract to provide services, materials, supplies, or office equipment to his or her department.

Category 5:

Investments and business positions in business entities and income from sources engaged in construction, building, or material supply.

Category 6:

Investments and business positions in business entities and income from sources engaged in construction or development.

Category 7:

Investments and business positions in, and income from sources engaged in the construction of public works projects.

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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.15
July 27, 2022
First Amendment to Agreement with Best Best & Krieger for Redistricting Services
Prepared By:

Marc A. Donohue, City Clerk/Communications Director
Recommended Action(s)
Staff recommends that the City Council:

1 .

Approve the first amendment to the agreement with Best Best & Krieger for redistric%ng services in the amount of $9,240 for a total not-to-exceed amount of $54,240. 2 .

Authorize the City Manager to execute all necessary documents.

Summary
In compliance with federal and state law, the City underwent a redistric%ng process based on new 2020 U.S. Census demographic data. All California public agencies that hold elec%ons by district must ensure that their district boundaries are mapped according to the latest U.S. Census results.

The City contracted with Best Best & Krieger (BB&K) to provide redistric%ng services. The City completed the redistricting process and adopted a new map in March 2022.

During the redistric%ng process, the City received a le5er from MALDEF that challenged the current proposed maps that the City Council was considering at the %me. This le5er resulted in a addi%onal scope of work for BB&K outside of the normal redistric%ng process. The proposed first amendment to the agreement includes the addi%onal cost of $9,240.00 to complete the scope of work outside of the normal redistricting process.

Background 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
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Un%l 2016, the City of Eastvale City Council were elected at-large. In 2016, the City transi%oned from at-large to by district elec%ons. This transi%on was prompted by a le5er dated April 4, 2016, from MALDEF asser%ng that the City's at large elec%ons violated the CVRA. The City completed its redistricting process with new 2020 U.S. Census data in March of 2022.

Environmental
Not applicable.

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

Fiscal Impact
The original approved amount for redistric%ng services was a not-to-exceed amount of $45,000. This cost is budgeted in the 2021-22 Fiscal Year Budget under account number 100-120-6490.

The addi%onal cost due to unforeseen events outside of the normal redistric%ng process is $9,240.00. There is sufficient budget in account number 100-120-6490 to cover this additional cost.

Prior City Council/Commission Action
In June 2021, the City Council approved a professional services agreement with BBK for redistric%ng services.

Attachment(s)
Attachment 1 - Original Agreement w/Best Best & Krieger- Redistricting Services

Attachment 2 - First Amendment to Agreement

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF EASTVALE, CALIFORNIA
AND
Best Best & Krieger, LLP
This Agreement for Services ("Agreement") is entered into as of this 23'd day of June 2021 by and between the City of Eastvale, a municipal corporation ("City") and Best Best & Krieger, LLP., 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 direct negotiations 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 Partiesand containedhereand other consideration, the value and adequacyof 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 for 6 months commencing on the date first ascribed above.

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, 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.

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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) Subjectto any limitationsset forth in this Agreement, City agreesto pay Contractor the amounts specified in Exhibit "B" "Compensation" and made a part of this Agreement by this reference. The total compensation, includingreimbursement for actual expenses, shall not exceed forty- five thousand dollars ($ 45, 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 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 amountoftimeincurredfor orallocatedto thattask. Cityshallindependentlyrevieweach 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.
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 latentdefects, fraudandsuchgrossmistakesasamountto fraud. Acceptanceof any of Contractor's work by Cityshall notconstitutea waiverof anyof the provisionsof this 2-
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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 Contractorin 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, computerfiles, files or other documentsprepared, developedor discoveredby 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 developedby Contractorin the course of providingthe Servicespursuantto this Agreementshallbecomethe solepropertyof Cityand maybe used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shallturn over to Cityall such final work productif paid for by the City. This provision specifically excludes Contractors' work notes and drafts, which are owned by Contractor, not City.

SECTION 7. CONTRACTOR' S BOOKS AND RECORDS.
a) Contractorshallmaintainanyandalldocumentsandrecordsdemonstrating or relatingto Contractor's performanceof the Services. Contractorshall maintainany 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 accordancewith 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 executionofthis Agreementandto theextentrequiredby lawsrelatingto auditsof 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 3-
665
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, noranyelectedor appointedboards, officers, officials, employeesor agentsof 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 Contractor or any of Contractor's officers, employees, or agentsare in anymannerofficials, officers, employeesor agentsof 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 666
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 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 sec., 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 5-
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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 statedpositionof City relativeto suchprojects. Any futurepositionof City on such projects shall not be considered a conflict of interest for purposes of this section. c) City understandsand acknowledgesthat 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 discloseany such informationor work product to personsor entitiesother 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 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 havethe rightto reimbursementandindemnityfromContractorfor 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 regardingthis Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractoror be presentat any deposition, hearingor similar proceeding. Contractor agreesto cooperatefullywith Cityandto provideCitywiththe opportunityto reviewany response to discovery requests provided by Contractor. However, this right to review any sm 668
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, Contractorshall indemnify, protect, defendand hold harmlessCity 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 individualor entityfor whichContractoris legallyliable, 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, expensesor costs of any kind, whetheractual, allegedor 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 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.
7-
669
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 subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
a) City may terminate this Agreement, with or without cause, at any time by giving thirty ( 30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. b) Contractor may terminate this Agreement for cause at any time upon thirty 30) days written notice of termination to City.
c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. 8- 670
d) Upon termination of this Agreement by either Contractor 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 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, 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:
9- 671
To City: City of Eastvale
Attn: Bryan Jones, City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: Best Best & Krieger, LLP
Attn: Stephanie Smith
18101 Von Karman Avenue, Suite 1000
Irvine, CA 92612
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.

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 Managerto 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.
10- 672
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 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). 11 - 673
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.

ATTEST:
0)*
Marc Donohue
City Clerk

APPROVED AS TO FORM
V
rice V ega
City Attorney
6es hes r at1 P
By:

Name:

Its:

CITY OF EASTVALE
NP- M 674
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.
13- 675
EXHIBIT " A"

SCOPE OF SERVICES
BB&K will provide full redistricting services, including data analysis and mapping costs. The full redistricting services includes attendance at required public hearings — whether virtual/telephonic or in -person — and participation in one, in -person public outreach meeting, and all other details that are covered in the attached proposal.

I
676
EXHIBIT " B"

COMPENSATION
The cost for full redistricting services is a fixed fee of $40,000. The only variable cost is the optional online mapping tool. Cost for the optional online mapping tool vary by tool selected. The cost for the for the online mapping tool is not to exceed 5, 000.
lM
677
EXHIBIT " C"

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 C- 1
678
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.

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 C- 2
679
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.

Do]
680
-1-
First Amendment to Agreement
This First Amendment to Agreement (“First Amendment”) is entered into this 27th day of July, 2022 by and between the City of Eastvale, a California general law city (“City”), and Best, Best & Krieger, LLP, a California corporation (“Contractor”), as follows:

RECITALS
A. City and Contractor entered in an agreement for Redistricting Services on or about June 23, 2021 for a fee not-to-exceed $45,000.

B. City and Contractor desire to amend the scope of services to reflect additional work conducted outside of the normal redistricting process.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:

1. AMENDMENTS.
a. Compensation. Exhibit B of the Agreement is amended to increase the compensation to an additional $9,240.00.
b. Scope of Services. The scope of services in Exhibit A are modified to reflect a modified scope of work for outside redistricting services.

2. GENERAL PROVISIONS.
a. Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.
b. Integration. This First Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment.
c. Effective Date. This First Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the City and Consultant.
d. Applicable Law . The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. e. References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same 681
-2-
meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

CITY OF EASTVALE:
____________________________
Henry Garcia, Interim City Manager
APPROVED AS TO FORM:
____________________________
Erica L. Vega, City Attorney
ATTEST:
____________________________
Marc Donohue, City Clerk

BEST, BEST & KRIGER
_______________________
Name: Matthew Richardson
Title: Partner
682
-3-
Exhibit A
Scope of Services
The amended scope of work includes duties outside of the normal redistricting process. 683
-4-
Exhibit B
Compensation
The total compensation for the contract is increased by $9,240. 684

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.16
July 27, 2022
PERMA Board Representative Appointment
Prepared By:

Maricela Mejia, Interim Human Resources & Risk Manager
Recommended Action(s)
Staff recommends that the City Council approve a resoluon to appoint Maricela Mejia, Interim Human Resources & Risk Manager as the City of Eastvale’s representave and appoint Amanda Wells, Finance Director/City Treasurer as the City of Eastvale’s alternate for the Public Enty Risk Management Authority (PERMA) Board of Directors to comply with PERMA’s governing documents.

Summary
Staff recommends delegang Maricela Mejia, Interim Human Resources & Risk Manager as its representave to the PERMA Board of Directors and delegate Amanda Wells, Finance Director/City Treasurer as its alternate to comply with PERMA’s governing documents.

Background
The City of Eastvale is a member of the Public Enty Risk Management Authority (PERMA) and parcipates in its General Liability Program, Property Program, Cyber Liability Program, and other insurance coverage programs. The PERMA governing documents require that members appoint a representave to serve on the Board and a3end meengs as a condion of membership. The individual appointed as the City’s delegate will represent the City’s interests ,
exercise the City's
authority with respect to all ma3ers delegated to the Board of Directors, and sign all amendments as contemplated to be approved by the Board of Directors.

Environmental
Not Applicable.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
685
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not Applicable.

Fiscal Impact
Not Applicable.

Prior City Council/Commission Action
The former Deputy Human Resources & Risk Management Director was appointed as the representave to the PERMA Board of Directors with Maricela Mejia, Interim Human Resources & Risk Manager serving as its alternate.

Attachment(s)
Attachment 1 - Resolution

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
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RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA,

FULFILLING ITS OBLIGATION AS A MEMBER OF THE PUBLIC ENTITY RISK

MANAGEMENT AUTHORITY (PERMA) TO APPOINT A VOTING DELEGATE AND

ALTERNATE TO THE PERMA BOARD OF DIRECTORS IN ORDER TO ENSURE

CONSISTENT ATTENDANCE
WHEREAS, the City of Eastvale is a member of PERMA, a joint powers authority created pursuant to the provisions of the California Government Code; and WHEREAS, PERMA provides a Liability Program, Property Program, Cyber Coverage, and other coverage programs for its members; and
WHEREAS, The Joint Powers Agreement provides that PERMA’s Board shall be comprised of one representative from each member; and
WHEREAS, The PERMA governing documents require that members not only appoint a representative to the Board but that the representative attend meetings as a condition of membership; and
WHEREAS, The Governing Body of each member may select and change any of its representatives by filing a resolution with PERMA; and
WHEREAS, Appointees must be 1) elected officials, OR 2) employees of the member agency; and
WHEREAS, City desires to designate its representative(s) to the PERMA Board of Directors;
WHEREAS, City acknowledges and affirms that its representatives have full authority to bind City;
WHEREAS, City acknowledges and affirms that actions properly approved or taken by the Board shall be binding on City regardless of the vote of its designee or her/his presence when the action was taken;
WHEREAS, City acknowledges and affirms that each appointee is individually expected to meet all legal obligations of Board service, perform all duties set forth in PERMA’s Governing Documents, and serve with keen attention to PERMA’s purpose and high professional standards.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
687
SECTION 1. That Maricela Mejia, Interim Human Resources & Risk Manager is hereby appointed to serve as Voting Director on the PERMA Board of Directors.

SECTION 2. That Amanda Wells, Finance Director/City Treasurer is hereby appointed as alternate, to serve on the PERMA Board in the absence of the primary member noted in Section 1 above.

SECTION 3. That the individuals designated by this City Council as the City's Voting Director or alternate to serve on the PERMA Board of Directors are hereby confirmed and designated as the City's delegates for all purposes of representing the City's interests and exercising the authority of the City with respect to all matters delegated to the Board of Directors and signing all amendments as are contemplated to be approved by Board of Directors.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

That a copy of this Resolution shall be provided to the General Manager of PERMA before it may be deemed effective.

PASSED, APPROVED AND ADOPTED this 27th day of July, 2022. __________________________________________
Clinton Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
688

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 27th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
689

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.17
July 27, 2022
Approval of Task Order No. 1 with Wallace & Associates
Consul/ng, LLC for Inspec/on and other Public Works Services for Various Public Works and Development Projects
Prepared By:

Jimmy Chung, City Engineer
Recommended Action(s)
Staff recommends that the City Council approve Task Order No. 1 in the amount of $150,000 to the On-call Contract with
Wallace & Associates Consul)ng, LLC
for the Inspec)on and other Public
Works Services for Various Public Works Related Tasks for Fiscal Year 2022-23.

Summary
The Public Works Department is commi5ed to the maintenance and opera)on of the City of Eastvale’s infrastructure. This includes ensuring the safety and quality of: streets, sidewalks, traffic signals, street lights, traffic signs, and storm drain inlets. Through ini)a)ves such as the Capital Improvement Program, we ac)vely improve the City’s infrastructure. Our mission is to keep the ameni)es that make Eastvale a premiere loca)on to live and raise a family and the ensure that the needs of Eastvale residents are met and exceeded every single day.

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 services we provide ensure compliance with City Codes and design standards. Public Works Inspec)on provides a broad spectrum of services related to Public Works ac)vi)es. These services include the inspec)on of all improvements above ground (street improvements, curbs, gu5ers, sidewalks, street lights, traffic signals, pavement striping, etc.) and underground (sewer, 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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690
water and storm drain) for private development and Capital Improvement Projects. The purpose of inspec)on is to ensure the compliance with plans, specifica)ons, local, state and federal laws, regulations and ordinances.

Historically, inspec)on services for Public Works related work was provided by a 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. As a precau)on to prevent poten)al CalPERS liability, the City endeavors to limit the hours any one individual may provide services to the City under contract to no more than 1,000 hours per fiscal year. As the hours of the current Public Works Inspectors are nearing the 1,000 hour threshold, there is an urgent need to transi)on and rotate them with individuals of equal or be5er skills. Since the current consultant can not provide inspec)on services without exceeding the threshold, the City must u)lize the services of another consultant to maintain service levels.

Background
On April 13, 2022, the City Council awarded a Professional On-call services contract to Wallace & Associates Consul)ng, LLC (W&A) for inspec)on services. The approval included awarding on-call inspec)on services contract to 7 consultants. The approved on-call agreement with W&A is not to exceed $150,000 per fiscal year per discipline. There has not yet been a task order approved for W&A.

W&A demonstrated both the experience and qualifica)ons that meet Eastvale's needs and expecta)ons during the compe))ve procurement process. They are able to provide the necessary inspec)on services immediately and the goal is for this contract to provide one inspector for 6 months (1,000 hours) and other public works related services.

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: N/A
| Target #: 1
| Goal #: 1
Right-size the organiza)on and staffing consistent with City services, needs, expecta)ons, and strategic plan priorities.

Fiscal Impact
There are sufficient funds budgeted in fiscal year 2022-23 for the recommended ac)on as shown below:

Fund
Account
Department
Account Description
Budget
General
100-320-
6433
Engineering
Private Development
$1,087,000
General
100-320-
6490
Engineering
Engineering Services
$60,000

The contract is based on a hourly rate schedule with a total not-to-exceed amount of $150,000.

Prior City Council/Commission Action
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On April 13, 2022, the City Council awarded an On-Call Engineering and Professional Consul)ng Services to W&A.

Attachment(s)
Attachment 1 - Agreement for Services

Attachment 2 - Task Order 1
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
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A-2022-041

AGREEMENT FOR ON - CALL PROFESSIONAL SERVICES
CONSTRUCTION INSEPCTION SERVICES]
This Agreement for On -Call Professional Services (" Agreement') is entered into as of this AL_ dayofMT, 2022byandbetweentheCityofEastvale, amunicipal corporation (" City") and Wallace & Associates Consulting, LLC. ("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 the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Contractor, following submission of its qualifications 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 those 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 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 for three years commencing on the date first ascribed above.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. a) Scope of Services. Contractor agrees to perform Construction Inspection services ( hereinafter, 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 Services 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.). Each Task Order is made a part of this Agreement by this reference.

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b) Schedule of Performance. The Services authorized 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 and 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 Order 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) The City has entered or will enter into a maximum of seven ( 7) non- exclusive contracts for performance of the Scope of Services identified in Exhibit A, including this Agreement (" On - Call Contracts"). The total aggregate amount payable by the City pursuant to the Task Orders issued under the On -Call Contracts shall not exceed a cumulative maximum total value of Four Hundred Fifty Thousand Dollars 450, 000) (" NTE Sum"). One Hundred Fifty Thousand Dollars ($ 150, 000) per fiscal year, for a total of Four Hundred Fifty Thousand Dollars ($ 450, 000) for the Term of the Agreement, shall be available for the category of services in Section 2( a): ( 1) Construction Inspection Services. 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 approve Task Orders for Services that do not exceed the City Manager' 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 time. All other Task Orders shall be approved by the 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 Order is awarded under any of the On -Call Contracts, the City will send written notification to Contractor and each of the other consultants entering into the On - Call Contracts. The notice will identify the total funds allocated under issued Task Orders, and the remaining unencumbered amount of the NTE Sum. Contractor acknowledges and agrees that 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 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 2-
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the compensation set forth in subsection ( a) and the 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 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.
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, 3-
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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.

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.
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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 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, agents or subcontractors 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, 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 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 Task Orders attached hereto in Exhibit " A" 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 697
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, 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 gA., 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 WE
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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 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. 7-
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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 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 " B" " Insurance" and made a sm
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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 subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
a) City may terminate this Agreement, with or without cause, at any time by giving thirty ( 30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. b) Contractor may terminate this Agreement for cause at any time upon thirty 30) days written notice of termination to City.
c) If either Contractor or City fail to perform any 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 Contractor 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 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.

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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, 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 Eastva le
Attn: City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: Wallace & Associates Consulting, LLC
Attn: Carl Wallace
PO Box 909
Murrieta, CA 92564
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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.

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 Section 4. 06. 050 of 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. 11-
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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" ( 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 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.

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). 12-
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SECTION 34. NONEXCLUSIVITY.

This Agreement shall not preclude the City from contracting with other persons for work that could be performed by Contractor under 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 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.

ATTEST:
0 Marc Donohue
City -Clerk -

APPROVED AS TO FORM
Erica Vega
City Attorney

CITY OF EASTVALE
Henry Garcia
Interim City Manager
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Wallace Associates Consulting, LLC
By:

Name:

Its: 5 NIOA. VIDE Iy/ 2fi5taeoT
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.
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EXHIBIT " A"

SCOPE OF SERVICES & COMPENSATION
TASK ORDERS TO BE INSERTED HERE ONCE APPROVED. EACH TASK ORDER

MUST CONTAIN A SPECIFIC SCOPE OF SERVICE AND COMPENSATION INFORMATION FOR THOSE SERVICES.]
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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 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 C- 1
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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 C- 2
710
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 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.

C- 3
711

July 14, 2022

Ms. Casandra Sanchez
City of Eastvale
[email protected]

Subject: Proposal for Construction Inspection Services -Dakota Mebane

Dear Ms. Sanchez,

Wallace & Associates (W&A) is pleased to submit this letter proposal for Construction Inspection Services for this project. W&A offers the city the below inspector:

Senior Construction Inspector: Dakota Mebane

Billing Rate: $130/hr

Start Date: July 20, 2022

Although overtime is not anticipated, any overtime would be considered an additional cost and would only be provided if approval is given by you prior to start of any overtime work by our inspector. Prevailing wage overtime and Saturday hourly rate is $195/hour and double time, Sunday and Holiday rate is $260/hour.

Thank you for using our services. Should you have any questions regarding this proposal please contact me at (951) 966-7774 or Jonathan Smith at (858) 472-2212.

Respectfully submitted,
Wallace & Associates Consulting, LLC.

Carl Wallace, P.E. – Senior Vice President / Project Manager

Attached: Dakota Mebane Resume

712
Dakota Mebane
Senior Construction Inspector

Mr. Mebane brings an extensive and sought-after background in public works inspection and construction management on both private and public projects over the past 10 years. Dakota has delivered projects to renew city streets and installation of underground utilities applying his firm grasp of both Greenbook standards and Work Area Traffic Control Handbook (WATCH). He has also managed and inspected construction of recreational facilities such as soccer fields, public parks and public facilitie s, as well as domestic water, sewer and drainage improvements. Clients appreciate Dakota’s penchant for precision, thorough documentation, and orchestrating of in-field design changes and assisting clients with public relations. He brings an understanding of labor compliance monitoring for federally funded projects.

2020-04 Street Pavement Maintenance Rehabilitation, City of Corona, CA Senior Construction Inspector for the $7.5M oversight of street pavement maintenance and rehabilitation project.

The project consists of slurry seal, Asphalt Rubber Aggregate Membrane and pavement rehabilitation, including the use of asphalt concrete. The project also includes replacement of damaged sidewalks, curb and gutters, and installation of new curb ramps to meet the requirements of the American with Disabilities Act. Inspection duties include DIR’s, photo records, coordination with project manager, traffic control, Weekly Statement of Working Days, RFI’s, progress payments and quantity takeoffs.

2020-01 Street Pavement Maintenance Rehabilitation, City of Corona, CA Senior Construction Inspector for the $3.4M oversight of street pavement maintenance and rehabilitation project. The project consists of slurry seal, Asphalt Rubber Aggregate Membrane and pavement rehabilitation, including the use of asphalt concrete. The project also includes replacement of damaged sidewalks, curb and gutters, and installation of new curb ramps to meet the requirements of the American with Disabilities Ac t. Inspection duties include DIR’s, photo records, coordination with project manager, traffic control, Weekly Statement of Working Days, RFI’s, progress p ayments and quantity takeoffs.

Orange County Great Park Capital Improvement Project, Western Sector Roadway Phantom a nd Corsair, City of Irvine, CA Construction Inspector for this CIP project. Coordinated and lead public work inspection of water lines, sewer lines, electri cal conduit, traffic signal, drainage channel, storm drain, trench backfill and paving within the Department of Navy IRP easement. Developed, coordinated and advised the project engineer on submittal packages and approval for the Department of Navy IRP WIEA (Work in The Easement Area). Documented and o bserved all daily work within the easement area. Reviewed and approved the contractor’s submittal package. Inspected, documented and advised the contractor on the installation of SDR-35 sewer line, 48” RCP drainage lines, electrical conduit and traffic signals. Inspected, advised and documented the construc tion of two new streets per the approved plan set, including the construction of three traffic roundabouts. Provided inspection of the su bgrade, base, curb and gutter, and asphalt of the newly constructed roads. Assisted City engineers and project managers with realignment of water and other utilities within the public right of way due to construction restraints, infield changes, plan deficiencies and existing easements. Provided the project manager with detailed daily reports and photo documentation.

FY 19-20 Overlay Project, City of Oceanside, CA
Construction Inspector for $4.6M project which includes localized street repairs, asphalt grind and overlay, slurry seal, ful l depth reclamation, adjusting utilities and replacement of traffic striping. Scope includes street restoration of: Industry Street (Oceanside Boulevard to approximately 560’ west of El Camino Real); Camelot Drive (Oceanside Boulevard to Industry Street); Foussat Road (Oceanside Boulevard to Industry Street); Garrison Street (Oceanside Boulevard to Industry Street); and residential streets in the Rancho Hermosa/River Oaks Community. Also includes residential over lays (various locations), AC patching and repairs (various locations), Mission Avenue (Highway I-5 to Horne Avenue) as an additive alternate. Inspection duties include DIR’s, photo records, coordination with project manager, traffic control, Weekly Statement of Working Days, RFI’s, progress payments and q uantity takeoffs.

Asphalt Replacement, Water and Sewer Rehabilitation Project, City of Pomona, CA Construction Inspector for this $925K project. Held pre-construction meetings, collaborated with City officials to discuss and advised the contractor on project schedule and required inspections. Reviewed and approved the contractor’s submittal package, pe r the approved plan set. Advised and documented the contractor’s street closure during the removal and grinding of the existing asphalt, per the standard Work Are a Traffic Control Handbook (WATCH). Utilized CCTV sewer camera to determine the condition of existing sewer mainline between sewer manholes. Advised the City on options to replace and/or refurbish the deteriorated sewer lines. Observed the removal of the existing sewer line and inspected the newl y installed SDR-35 sewer line. Approved asphalt mix design, observed the placement of asphalt base and asphalt. Duties included documentation and prepared write -ups on project change orders, provided a detailed breakdown (included material cost and man -hours) to the project manager and a closeout punch list to the contractor.

Aided the City and project manager on the closeout documentation.

Orange County Great Park Capital Improvement Project, Marine Way Landscape, City of Irvine, CA Construction Inspector for this $750K project. Worked alongside the Irvine P ublic Works Department and the project manager to provide SWPPP inspection and BMP plan submittals on a Risk Level 3 construction site. Collaborated and advised the project engineer on subm ittals to the Department of Navy for IRP WIEA. Provided observation and inspection of all work in the easement area. Inspected and documented the installation of reclaimed water lines, electrical conduit, gas lines and fiber optic underground utilities. Advised the project engineer and project manager on realignment of the proposed reclaimed water line due to the existing infrastructure located in the IRP Navy easement. Worked with the contractor to potho le and locate underground utilities within the Navy easements via a vac-truck. Provided the project manager and City public works department with weekly inspection reports documenting contractor’s progress and inspected work per the approved plans

Experience
10 years
Education
AA, Technical Construction
Engineering Studies, Orange Coast
College, Costa Mesa, CA
Certifications
Construction 165 Safety/CalOsha
California Building Code
Construction Estimating
Universal Building Code
713
Dakota Mebane
Senior Construction Inspector

Mission Avenue Street and Sidewalk Improvements Project, City of Oceanside, CA Construction Inspector for this $600K high profile project in a main street within the heart of downtown Oceanside. Project f eatures include sidewalk and ADA ramp replacements, street rehabilitation and replacement. Duties included coordination with Caltrans, City project manager, materials testing company, daily reports, job photos, quality assurance and handling community relations with residents and businesses.

HOA Encroachment Litigation and Slope Rehabilitation, Birds Eye Drive, Diamond Bar, CA Worked on behalf of the HOA for this $495K project, as the Construction Manager to coordinate and advise the litigation team, which consisted of multiple lawyers, geologists, soil technicians and contractors on the infrastructure illegally constructed on the HOA property. Provided the court with an in -depth construction estimate, plans and construction schedule to remove the infrastructure built within the HOA easement. Thoroughly documented the existing site conditions prior to construction and advised the contractor on site access. Worked with the geologist and soil technicia ns to obtain bore samples and advised the court on the stability and safety of the illegally construction slop e. Provided the court with detailed analysis of the non-native materials used to construct the existing slope above which additional infrastructure is built. Coordinated and provided weekly updates to both the HOA and litigation team on the removal of the interconnected terrace, solar panels, irrigation, flagstone walkway, staircase, and the removal and rehabilitation of the ill egally constructed slope. Provided the client with a detailed hydrology report and topographical maps advising the HOA on future er osion locations and discussed possible mitigation tactics. Aided the client with public relations as a mediator between the HOA and homeowner for all construction related issues throughout the construction process. Oversaw the approval of the contractor’s material submittal package, certified payroll and request for payment.

Provided the client with in-depth daily construction reports which noted, but was not limited to,man-hours worked, personnel on-site, current condition, contractor’s daily work and equipment, geotechnical analysis and soil tech reports. Provided closeout report with videos and photos documenting the completed project.

Sewer Infrastructure Improvements - Cycle 2, City of Manhattan Beach, CA Construction Inspector for this $1.4M sewer spot repair and pipe lining project throughout the City. The Cycle 2 project consists of excavation, installation of vitrified clay pipe (VCP), installation of Cured in Place Pipe (CIPP) via ultraviolet (UV) curing methods, rehabilitation of manholes, required ADA compliant curb ramp replacements, asphalt and concrete trench and street repairs, and all appurtenant work as shown on the plans and de lineated in the specifications. The project includes over 2600’ of vitrified clay pipe and CIPP mainline spot repairs at 12 locations throughout the City. A portion of the sewer main replacement work is located at the intersection of Manhattan Beach Boulevard and Manhattan Avenue, which presents unique challenges in coordinating traffic control and minimizing the impact on visitors to the downtown area. Another portion of the work is located near the intersection of Rosecrans Avenue and Sepulveda Boulevard, where there is heavy vehicular traffic. These locations and other areas impacting c ommercial businesses will be performed during nighttime work hours to minimize impacts on vehicular traffic and business operations.

Sunset Beach Water Main Project at Various Locations, Anderson Street to Warner Avenue Project, City of Huntington Beach, CA Construction Inspector overseeing the $2.75M water main installation project. The project consists of the installation of approximately 2,350’ 6” and 1 2” diameter AWWA C900 or C909 water pipeline within a total of eleven different locations within the Sunset Beach area and one l ocation in Huntington Beach.

The pipelines are predominately located within public alleys. Four of the alleys included fully pavement replacement after th e waterline construction is complete. At two other locations, the streets will be slurry sealed and at on e location the street improvement includes an AC grind and cap. This project will construct 12” diameter AWWA C900 or C909 buried pipelines and pavement replacement across PCH within Caltrans right of way. O ne location is 24th Street and the other is alley north of 12th Street in Sunset Beach. Two inline valve installations are also included along PCH, one at Admiralty Drive and the other between 21st and 22nd Street.

Planned Unit Development Project (Water and Sewer), Dahlia Court, William Lyon Homes, Trab uco Canyon Water District, Orange County, CA Construction Inspector for this $1.2M development project. Oversaw and inspected the installation of two underground storm dr ain infiltration systems, new sewer system, and the construction of six sewer manholes and multiple sewer laterals. This was in addition to the construction of new potable water lines and reclaimed water lines. Collaborated with City entities, William Lyon Homes and Trabuco Canyon Water District on plan chan ges, contractor submittal packages, change orders and scheduling. Provided daily reports documenting sewer and water inspection, sewer mandrel passing, pressure test, leak down, hydro test and CCTV camera pass. Provided TCWD with soil tech logs confirming proper backfill. Advised the client and provided detailed write up on failed inspections. Worked to aid client relations while coordinating with the contractor to close out the project on time per the approved schedule.

Sky Ridge Track Homes (Water and Sewer), Trabuco Canyon Water District, Orange County, CA Provided construction inspection services for the installation of water and sewer for the Trabuco Canyon Water District on th e $4.3M Sky Ridge track home project with 100+ homes. Oversaw the closure of El Toro Road per the traffic WATCH manual with OC Public Works for the sewer connection to the main line at El Toro Road. Reviewed and approved the contractor’s work schedule, material submittal and change orders. Inspected t he installation of SDR-35 sewer lines, C900 potable waterlines, reclaimed waterlines, air vacs, anti-siphon and water line valves, angle stop, hot tap and water meters. Collaborated with OC Public Works and Rancho Santa Margarita Water District to provide a close out report to final the project.

Dollar Tree/Street Rehabilitation (Water and Sewer), Trabuco Canyon Water District, Orange County, CA Provided sewer and water inspection for the Trabuco Canyon Water District, work alongside the owners of the Dollar Tree store , advising on necessary sewer and water improvements per the TCWD’s standard plans. The project included the removal of an existing grease interceptor and slurry bac kfill.

Observed and documented the contractor’s lane closure per the Work Area Traffic Control Handbook (WATCH). Oversaw potholing in the street to locate the existing sewer lateral lines. Inspected the installation of new sewer laterals per the approved plan set. Worked with the City engineer to create and submit a temporary hi-line water plan to provide water to existing infrastructure and buildings along Plano Trabuco Road. Documented and inspected the installation of C900 water line per the approved plan set. Provided TCWD with an As -Built plan set of the newly constructed sewer and water line. 714

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.18
July 27, 2022
Budget Appropriation for Purchase of Police Motorcycles Prepared By:

Amanda Wells, Finance Director/City Treasurer
Recommended Action(s)
Staff recommends that the City Council
Approve and Adopt Budget Resolu on 22-XX Amending the
Fiscal Year 2022-23 Budget by $60,835 for the purchase of two police motorcycles.

Summary
The fiscal year 2022-23 budget must be amended to reflect the purchase of two new 2022 BMW R1250 RT-P police motorcycles. The purchase provides motorcycles for the two new Motor Depu es approved at the January 12, 2022 City Council meeting.

Background
On January 12, 2022 the City Council approved the addi on of two new Motor Depu es, bringing the city's total Motor Deputy staff to four. The city currently operates two motorcycles and one backup. In order to accommodate the two new Motor Depu es, the City needed to purchase two addi onal motorcycles. On January 26, 2022 the City Council approved the purchase order for the purchase of two 2022 BMW R1250 RT-P models. Purchase order 941 was issued on February 2, 2022 and the units were ordered by the Riverside Sheriff's Office. At that me, adequate budget was available in the 2021-22 fiscal year. Due to pandemic related supply chain issues, the motorcycles were not delivered un l July 8, 2022. As a result, the city must amend its 2022-23 budget. The budget appropriated in the 2021-22 fiscal year was not u lized and remains in the city's unassigned fund balance within the Capital Projects Fund for the 2022-23 fiscal year.

Environmental
Government fiscal ac vi es and budget appropria ons are not considered a Project as defined by 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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the California Environmental Quality Act (CEQA) and no environmental review is required.

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

Fiscal Impact
The fiscal year 2021-22 budget included adequate appropria ons for the motorcycle purchase in the Capital Project Fund under account 600-400-6610. However, the city an cipated accep ng delivery of the motorcycles before June 30, 2022. As a result, budget must be appropriated with the Capital Project Fund for the purchase in the 2022-23 fiscal year. The Capital Project Fund is funded through transfers from the General Fund and the Capital Project Fund has adequate fund balance to support the purchase. Ongoing vehicle maintenance costs are currently budgeted in the General Fund, and maintenance budget was appropriated during the fiscal year 2022-23 budget process Prior City Council/Commission Action
City Council approved the purchase order for the purchase of the two motorcycles on January 26, 2022 under agenda item 11.14.

Attachment(s)
Attachment 1: Budget Resolution

Attachment 2: BMW Invoice

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RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING ITS FISCAL YEAR 2022-23 BUDGET FOR THE PURCHASE OF TWO POLICE MOTORCYCLES.

WHEREAS the budget for fiscal year 2022-23 of the City of Eastvale has been adopted by this Council in its original form, and said budget will need to be amended at times to fulfill the goals of the City; and
WHEREAS, the City departments may not exceed their appropriations by character of expense, with character of expense being defined as personnel services, services and supplies, capital outlay, debt service and transfers, without the consent of the City Manager; and WHEREAS, the City Manager may transfer appropriations, between accounts, departments, programs, and funds, as long as those appropriations do not exceed the grand total budget approved by Council.

WHEREAS, the City Council approved the purchase order and budget resolution for the two motorcycles on January 26, 2022 under agenda item 11.14, however the budget was appropriated in the 2021-22 fiscal year and not requested for the 2022-23 fiscal year.

WHEREAS, the motorcycles were delivered to the City on July 8, 2022, and as a result, the 2022- 23 budget must be amended to facilitate the purchase in the new fiscal year.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

SECTION 1. AUTHORIZE AN APPROPRIATION IN THE CAPITAL PROJECTS FUND, VEHICLES ACCOUNT NO. 600-400-6610 IN THE AMOUNT OF $60,835 FOR THE PURCHASE OF TWO BMW POLICE MOTORCYCLES.

PASSED, APPROVED AND ADOPTED this 27th day of July 2022. __________________________________________
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
717
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk
718

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk 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 27th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
719
BMW001
600-400-6610
2 -2022 BMW R1250RTP NEW MOTORCYCLES
720

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.19
July 27, 2022
Professional Services Agreement Amendment with Willdan
Financial Services for Comprehensive Cost Allocation Plan and User Fee Study Services
Prepared By:

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

Approve Professional Services Agreement Amendment with Willdan Financial Services for an additional term period of one year; and
2 .

Authorize the City Manager to execute all necessary documents.

Summary
The City Council approved a contract with Willdan Financial Services in July 2021 for the city's comprehensive cost alloca+on plan and user fee study. The city last adopted user fees in 2013. Staff began working with Willdan in August 2021 on the cost alloca+on plan and completed the plan in November. At that point staff and Willdan began work on the user fee study in November 2021. At this +me, the bulk of the work is completed for the user fee study, however addi+onal +me is required to complete the study. The current contract expires on July 28, 2022. This is not adequate +me for staff and Willdan to complete the study, present findings, determine subsidies, and adopt new fee schedules.

Background
The city's current user fee schedules are based on a user fee study that was completed and adopted in 2013. A user fee is an amount charged for governmental service or ac+vity that is performed at 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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721
the request of and specifically for the benefit of a par+cular individual, business, or group as opposed to a service provided for the community as a whole. The City last adopted user fees in the fall of 2013. The City retained MGT of America, Inc. to ini+ate a citywide review and assessment of all exis+ng fees related to the provision of city services. The purpose of the review was to determine the full cost of opera+ons for services provided at that +me, in 2013, with the intent of se=ng user fees based on actual expenditures. As a result, user fees were adopted by the Council based on 2013 service and expenditure levels. Since the adop+on of Resolu+on 13-26, the user fee rates for deposit based fees only were adjusted in July 2020. The update included a pass through of contractor rates and employee wages while staff worked to issue a request for proposal and contract for a new comprehensive user fee study. All other fees have not been assessed nor updated since 2013.

The cost alloca+on plan ensures that the City is u+lizing accurate and comprehensive overhead rates for the provision of city services in addi+on to recovering within the General Fun indirect costs from other funds. The City's current cost alloca+on plan was developed in 2016 by staff. In order to ensure accurate calcula+on of direct and indirect costs, the cost alloca+on plan should be prepared in accordance with the Federal Office of Management and Budget (OMB) standards. At this +me staff is unsure if the 2016 cost alloca+on plan meets the OMB requirements. The recently completed cost allocation plan meets the OMB standards.

The user fee study iden+fies labor costs for both in-house and contract services and assigns a fully burdened rate for both types of services. The 2013 user fee study did not provide for an annual rate inflator, as such current rates are reflec+ve of eight year old data. Addi+onally, when the study was completed in 2013 it and was based on the service model of limited in-house posi+ons and high contract services, whereas the City now has limited contract services and a more services provided in-house. The City has never adopted an official cost alloca+on plan model and the City's service model has significantly changed in the last eight years. As a result, the amount of work required from all City departments to create the new user fee schedules and collect +me data has taken considerably more time than originally anticipated.

The in progress update to the City's cost alloca+on and user fee schedules is in line with the Government Finance Officer's Associa+on (GFOA) best prac+ces for effec+ve and efficient service provision. The GFOA recommends all government agencies should calculate the full cost of services provided and allocate indirect costs. This cost alloca+on and user fee study project will ensure that the City maintains industry best prac+ces and charges fair rates with regard to financial planning and service provision.

Environmental
Government fiscal ac+vi+es and fee studies are not considered a Project as defined by the California Environmental Quality Act (CEQA) and no environmental review is required.

Strategic Plan Action - Priority Level: 3
| Target #: 3
| Goal #: 6
Ensure revenues align with expenditures
Fiscal Impact
The amendment to the professional services agreement amends the terms of the agreement and adds one addi+onal year to the agreement, as the project is consuming large amounts of staff +me.

The contract amount has not changed, and the remaining General Fund budget for the project was 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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appropriated the new 2022-23 fiscal year to complete the project, as a result the contract amendment does not cause a new fiscal impact.

Prior City Council/Commission Action
This contract was originally approved by Council on July 28, 2021 with a one-year term and do not exceed amount of $35,000.

Attachment(s)
Attachment 1 - First Amendment to Agreement with Willdan Financial Services

Attachment 2 - Original Willdan Financial Services Agreement

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-1-
First Amendment to Agreement
This First Amendment to Agreement (“First Amendment”) is entered into this 27th day of July, 2022 by and between the City of Eastvale, a California general law city (“City”), and Willdan Financial Services, a California Corporation (“Contractor”), as follows:

RECITALS
A. City and Contractor entered in an agreement for user fee study services on or about July 28, 2021 (“Agreement”) with a term limit of 12 months.

B. City and Contractor desire to amend the term limit and extend the term for 12 months, for a total term of 24 months.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:

1. AMENDMENT. Section 1, paragraph (a) of the Agreement is amended to increase the total term of the agreement by one (1) year for a total term of two (2) years.

2. GENERAL PROVISIONS.
a. Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. b. Integration. This First Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. c. Effective Date. This First Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the City and Consultant. d. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.
e. References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. 724
-2-
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

CITY OF EASTVALE:
____________________________
Henry Garcia, Interim City Manager
APPROVED AS TO FORM:
____________________________
Erica L. Vega, City Attorney
ATTEST:
____________________________
Marc Donohue, City Clerk
Willdan Financial Services
___________________________
Gladys Medina
Vice President - Director
725

AGREEMENT FOR SERVICES
Professional Cost Allocation Plan and User Fee Study Services This Agreement for Services (" Agreement") is entered into as of this 28th day of July, 2021 by and between the City of Eastvale, a municipal corporation (" City") and Willdan Financial Services, 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 for one ( 1) year commencing on the date first ascribed above.

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, 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 1 -
726
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 thirty- five thousand dollars ($ 35, 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 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.
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 2-
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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.

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.

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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 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 4-
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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 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 5-
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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 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 sm
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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 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 7-
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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.