Agenda packet — Eastvale City Council, November 8, 2023 (part 1 of 2)

REGULAR COUNCIL MEETING AGENDA
Eastvale City Hall Council Chambers
12363 Limonite Avenue, Suite 900, Eastvale, CA 91752
Wednesday, November
8, 2023
Regular Council Meeting:
5:30 PM

City Councilmembers
Todd Rigby, Mayor
Christian Dinco, Mayor Pro Tem
Clint Lorimore, Councilmember
Michael McMinn, Councilmember
Jocelyn Yow, Councilmember

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

Members of the public can observe the mee&ng by viewing the live-stream at www.eastvaleca.gov
and may provide public
comment by sending comments to the City Clerk's Oﬃce by email at [email protected]
. Staﬀ will monitor emails to the
extent possible during the mee&ng and provide comments as possible. All comments will be made part of the record. Comments will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discre&on to reduce &me on public comment. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking &me. If a comment is received before the agenda item is heard but before the close of the mee&ng, the comment will all be included as a part of the record of the meeting but will not be read into the record.

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

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

CALL TO ORDER

2. ROLL CALL

3. CLOSED SESSION PUBLIC COMMENT

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

4. CLOSED SESSION ITEM(S)

4.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code
Section 54956.8) Property: APN 144-080-010 and APN 144-080-011 Agency Negotiator: Public Works Director/City Engineer, Jimmy Chung Negotiating Parties:

Trinidad Perez Under Negotiation: Price and Terms of Payment

5. INVOCATION

6. PLEDGE OF ALLEGIANCE

7. ADDITIONS/REVISIONS

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

8. PRESENTATIONS/ANNOUNCEMENTS

8.1. Introduction of New City Employees - David Murray, City Planner; Brian Sandona, Principal Engineer

9. AGENCY PARTNER UPDATES

9.1. Eastvale Library Update

9.2. Youth Council Update

9.3. YMCA Update

2 10.

PUBLIC COMMENT

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

11. CONSENT CALENDAR

Consent Calendar items are normally enacted in one moon. The Mayor or City Council may remove a Consent Calendar item for separate acon. If a member of the public would like to speak on a Consent Calendar item, please complete a blue “Public Comment Form” and submit to the City Clerk prior to the item.

11.1. City Council Meeting Minutes

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

RECOMMENDED ACTION(S):

Staff recommends that the City Council approve the City Council meeting minutes from the regular meeting on October 25, 2023.

11.2. Amendment No. 1 to Professional Services Agreement with NBS for Special Financing Districts Administration

Submitted by: Amanda Wells, Finance Director/City Treasurer

RECOMMENDED ACTION(S):

Staff recommends that the City Council:

1 .

Approve Amendment No. 1 to the Professional Services Agreement with NBS with a revised scope, term, and compensation for a total not-to-exceed amount of $757,000; and
2 .

Authorize the City Manager to execute all necessary documents.

11.3. Consideration of Uncollectible Accounts Receivable Write-Off

Submitted by: Amanda Wells, Finance Director/City Treasurer

RECOMMENDED ACTION(S):

Staff recommends that the City Council approve the write-off of uncollectible accounts receivable.

11.4. Funding Priorities for the County of Riverside 2024-2029 Five-Year Consolidated Plan

Submitted by: Samantha Greven, Management Analyst

3 RECOMMENDED ACTION(S):

Staff recommends that the City Council:

1 .

Approve and adopt Eastvale's 2024-2029 five-year HUD-CPD funding priorities as: Americans with Disabilities Act (ADA) Improvements, Library Services, Senior Services, Youth Services, and Home Improvement Services; and 2 .

Authorize these priorities to be incorporated into the County of Riverside's 2024-2029 Five-Year Consolidated Plan.

11.5. Professional Services Agreement with Verdical Group for the Commissioning of City Hall, Library, and Police Station

Submitted by: Jimmy Chung, Public Works Director/City Engineer

RECOMMENDED ACTION(S):

Staff recommends that the City Council Authorize the City Manager to execute a contract with Verdical Group for an amount of $104,931 plus 10% contingency for a not to exceed amount of $115,424, to provide
commissioning service of
City Hall,
Library, and Police Station.

11.6. City of Eastvale Crime Statistics - September 2023

Submitted by: Eva Terekhova, Emergency Management Specialist

RECOMMENDED ACTION(S):

Staff recommends that the City Council receive and file the Eastvale Crime Statistics for September 2023.

12. PUBLIC HEARINGS

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

13. CITY COUNCIL BUSINESS

13.1. Allocation of Funds for the 2024-2025 Community Development Block Grant (CDBG) Funding Cycle

Submitted by: Samantha Greven, Management Analyst

RECOMMENDED ACTION(S):

Staff recommends that the City Council allocate the entirety of the FY 24/25 Community Development Block Grant (CDBG) allocation to the County of Riverside Home Enhancement Program (HEP).

4 13.2.

Interim Financial Report - Fiscal Year 2022-23, Quarter 4

Submitted by: Amanda Wells, Finance Director/City Treasurer

RECOMMENDED ACTION(S):

Staff recommends that the City Council Receive and file the Interim Financial Report for Fiscal Year 2022-23, Quarter 4 ending June 30, 2023.

13.3. Downtown Eastvale Master Developer Consultant Team

Submitted by: Gustavo N. Gonzalez, Community Development Director

RECOMMENDED ACTION(S):

Staff recommends that the City Council:

1 .

Authorize the City Manager to execute a Professional Services Agreement with Kosmont Companies
in an amount not-to-exceed $115,000.00 to prepare a market study and develop a Request For Qualifications (RFQ) and Request For Proposal (RFP) to solicit a master developer; and
2 .

Authorize the City Manager to execute a Professional Services Agreement with CBRE Inc. in an amount not-to-exceed $75,000.00 to support staff and Kosmont Companies in the master developer selection process.

14. CITY MANAGER/CITY STAFF REPORT

15. CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS

16. ADJOURNMENT

The next regular mee&ng of the Eastvale City Council is scheduled for Wednesday, December 13, at 6:30 p.m. at Eastvale City Hall Council Chambers, 12363 Limonite Avenue, Suite 900, Eastvale, CA 91752.

17. AFFIDAVIT OF POSTING

I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the following locations: City Hall, 12363 Limonite Avenue, Suite 910 and website of the City of Eastvale (
www.eastvaleca.gov
,) not less than 72 hours
prior to the meeting.

______________________________________________________
Marc A. Donohue, MMC
City Clerk

5 Eastvale City Council Meeting Minutes
October 25, 2023 Page - 1

MINUTES

CITY OF EASTVALE

CITY COUNCIL REGULAR MEETING
Wednesday, October 25, 2023
Regular Meeting: 5:30 PM

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

1. CALL TO ORDER – 5:30 p.m.

The regular meeting of the Eastvale City Council was called to order at 5:30 P.M. by Mayor Rigby.

2. ROLL CALL

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

Absent: Councilmember Yow

City Staff

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

3. CLOSED SESSION PUBLIC COMMENT – None

4. CLOSED SESSION ITEM

4.1 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code § 54956.9(d)(1)) Name of case: In the Matter of the Appeal of Membership Determination and Post Retirement Employment of C. Bradshaw (CalPERS OAH No. 2021120040)

At the conclusion of closed session, City Attorney Vega stated that there was no reportable action.

5. INVOCATION
Pastor Ed Moreno from the New Day Christian Church offered the invocation.

6. PLEDGE OF ALLEGIANCE
6 Eastvale City Council Meeting Minutes
October 25, 2023 Page - 2

Mayor Pro Tem Dinco led the Pledge of Allegiance.

7. ADDITIONS/REVISIONS – None

8. PRESENTATIONS/ANNOUNCEMENTS

8.1 Red Ribbon Week Proclamation

Mayor Rigby presented Robin Jones and students from Corona-Norco Unified School District with a proclamation recognizing Red Ribbon Week.

9. AGENCY PARTNER UPDATES

9.1 Eastvale Library Update

Nina from the Eastvale Public Library was unavailable to provide the City Council with an update.

9.2 Youth Council Update

Dev Raturi from the Youth Council provided the City Council with an update.

9.3 YMCA Update

Audri Echnoz from the YMCA provided the City Council with an update.

10. PUBLIC COMMENT

The following individual(s) provided public comment:

• Cecilia Urrea, member of the public

11. CONSENT CALENDAR

On motion of Mayor Pro Tem Dinco and seconded by Councilmember Lorimore, the City Council voted
unanimously to approve the Consent Calendar.

11.1 City Council Meeting Minutes
The City Council approved the City Council meeting minutes from the regular meeting on October 11, 2023.

11.2 Warrant Register: September 2023

7 Eastvale City Council Meeting Minutes
October 25, 2023 Page - 3

The City Council approved the payment of warrants as submitted by the Finance Department under Attachment 1.

11.3 Treasurer’s Report: September 2023

The City Council received and filed the City Treasurer’s Report.

11.4 Planning Department Update

The City Council received and filed the Planning Department Update.

11.5 Acceptance of Public Improvements of Parcel Map 37635 the Transwestern Project, TDC Remington Partners, LLC - Along Limonite Avenue West of Cucamonga Creek, South of Remington Avenue

The City Council adopted Resolution 23-51, accepting as complete the Public Improvements for Parcel Map 37635 (Transwestern PW19-11322).

11.6 Contract Award for Storm Drain Catch Basins Removal Services

The City Council:

1. Approved a Professional Services Agreement with Sweeping Corp. of America in the amount of $142,721.46, plus a 10 percent contingency for a total dollar amount of $156,993.61, for Storm Drain Catch Basins clean project; and

2. Authorize the City Manager to execute all necessary documents.

11.7 Approve Comparable Agencies List for Use in Classification and Compensation Study

The City Council approved the list of comparable agencies for use in the classification and compensation study.

11.8 Approval of Resolution Adopting the City of Eastvale 2023 Local Hazard Mitigation Plan

The City Council adopted Resolution 23-51, accepting as complete the Public Improvements for Tract Map 35751 (Prado Condominium Development PW18-10189).

11.9 Letter of Support for Jurupa Community Services District's Etiwanda Pipeline Phase 1 Project

The City Council adopted Resolution 23-52, Adopting the 2023 City of Eastvale Local Hazard Mitigation Plan.

12. PUBLIC HEARINGS – None
8 Eastvale City Council Meeting Minutes
October 25, 2023 Page - 4

13. CITY COUNCIL BUSINESS

13.1 Independent ZIP Code Advocacy Updates & Approval of Professional Services Agreement with KHK Solutions and Mind & Mill for USPS 92880 ZIP Code Municipality Name Change Survey Outreach Support

Economic Development Manager Fung presented a PowerPoint presentation and answered all related questions.

Mayor Rigby opened the public comment period. Hearing no response, Mayor Rigby closed the public comment period.

On motion of Mayor Pro Tem Dinco and seconded by Councilmember Lorimore, the City Council:

1. Received and filed updates regarding Eastvale’s Independent Zoning Improvement Plan (ZIP) Code Advocacy Efforts;

2. Authorized the City Manager to execute a Professional Services Agreement with KHK Solutions in an amount not-to-exceed $30,000.00 for political outreach support for the USPS 92880 ZIP Code Municipality Name Change Outreach Initiative; and

3. Authorized the City Manager to execute a Professional Services Agreement with Mind & Mill in an amount not-to-exceed $30,000.00 for creative marketing support for the USPS 92880 ZIP Code Municipality Name Change Outreach Initiative.

4. Recognized that if an independent ZIP code is granted or the USPS grants the 92880 ZIP Code municipal name change without conducting an official survey, the contract allows the City to cease services, pay any invoices for services rendered, and any remaining funds be reallocated to support other activities in the Community Development Department.

13.2 Adopt Updated Personnel Policies and Procedures Manual

Deputy Director & Risk Management Director Mejia presented a PowerPoint presentation and answered related questions.

Mayor Rigby opened the public comment period. Hearing no response, Mayor Rigby closed the public comment period.

By consensus, the City Council provided direction to:

1. Defer the items related to merit increases to be evaluated during the classification and compensation process.
9 Eastvale City Council Meeting Minutes
October 25, 2023 Page - 5

2. Cap Jury Duty for employees to 20 days and to reevaluate it during the classification and compensation process.

3. Cap Bereavement Leave at 5 days and reevaluate the 2 days of paid leave during the classification and compensation study.

4. Move forward with on-call pay as proposed.

14. CITY MANAGER/CITY STAFF REPORT

City Manager Orme provided an update on upcoming City events.

15. CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS

15.1 League of California Cities
Councilmember Lorimore provided a report.

15.2 Southern California Association of Governments
Councilmember Lorimore provided a report.

15.3 Western Riverside Council of Governments
Mayor Pro Tem Dinco provided a report.

15.4 Riverside Transit Agency
No report was provided.

15.5 Northwest Mosquito and Vector Control District
Councilmember Lorimore provided a report.

15.6 Riverside County Transportation Commission
Councilmember Lorimore provided a report.

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

15.8 Finance Committee
No report was provided.

15.9 Eastvale Schools Committee
Mayor Rigby provided a report.

15.10 Business and Development Success Ad-Hoc Committee No report was provided.
10 Eastvale City Council Meeting Minutes
October 25, 2023 Page - 6

15.11 Eastvale Legislative Ad-Hoc Committee
No report was provided.

15.12 Eastvale Community Services Ad-Hoc Committee
No report was provided.

15.13 Classification & Compensation Ad-Hoc Committee

No report was provided.

15.14 City Council Communications
The City Council provided comments.

ADJOURNMENT – Mayor Rigby adjourned the regular meeting at 9:36 P.M. The next regular meeting of the Eastvale City Council is scheduled for Wednesday, November 8, 2023, at 6:30 P.M.

Marc A. Donohue, MMC
City Clerk/Communications Director

11 AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.2
November
8, 2023
Amendment No. 1 to Professional Services Agreement with NBS for Special Financing Districts Administration
Prepared By:

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

1 .

Approve Amendment No. 1 to the Professional Services Agreement with NBS with a revised scope, term, and compensation for a total not-to-exceed amount of $757,000; and 2 .

Authorize the City Manager to execute all necessary documents.

Summary
Since the City's incep0on, NBS Government Finance Group (NBS) has provided services speciﬁc to special ﬁnancing districts including beneﬁts assessment districts (BAD), landscape maintenance districts (LMD), and community facility districts (CFD). Services have ranged from administra0on of the districts, district audit services, district forma0on services, and most recently landscape and ligh0ng district transfer services. On January 26, 2022 the City Council adopted a resolu0on to transfer Jurupa Community Services District (JCSD) ligh0ng maintenance district zones located within the City of Eastvale. Adop0on of the resolu0on ini0ated the process of transferring the districts to the City; at that point the City was responsible administra0on of the transferred zones including annual tax assessments. The City contracts for tax assessment administra0on with NBS. As a result of the transfers of districts, a new professional services agreement with NBS was approved, with a scope covering all special district administra0on services. At this 0me the City is considering forming several Community Facility Districts (CFD) in areas under development. This ﬁrst amendment to the professional services agreement amends the term, scope of work, and total 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
12 compensa0on to encompass CFD forma0on services in addi0on to annual administra0ve services for the newly formed districts.

Background
This par0cular ﬁrst amendment to the current professional services agreement for special district administra0on is required to include CFD forma0ons in mul0ple loca0ons within the City. Loca0ons include Limonite and Hamner (New Home Leal Development), Limonite and Archibald, and Schleisman and Scholar. The amendment adjusts the term, scope, and compensa0on of the current agreement. The original term was for three years plus two one-year extensions, staﬀ wishes to extend the ﬁnal extension through the end of the 2026-27 ﬁscal year, to align the agreement with the full ﬁscal year. The scope will be amended to include CFD forma0ons and administra0on of the newly formed districts. Finally, compensa0on will be adjusted to reﬂect cost es0mates for CFD forma0on and annual administra0on. Cost es0mates include annual Consumer Price Index (CPI) inﬂator, which staﬀ es0mates at 10%. The new amendment includes a cap of $757,000, which includes con0ngencies from the original agreement. All administra0on, audi0ng, or forma0on services provided by NBS will be charged to the special district funds, as such there is no General Fund impact.

Year
Timeframe
Original
Amount
(Includes
CPI
Estimate)
Original
Contingency
Amendment
#1
Formation
Amendment
#1
Administration
(Includes CPI
Estimate)
Amendment
Contingency
Grand
Total
One
02/2022-
02/2023
$92,650
$25,000
$0
$0
$0
$117,650
Two
02/2023-
02/2024
97,283
25,000
51,500
9,660
23,684
207,127
Three
02/2024-
02/2025
102,148
25,000
0 10,630
0 137,778
Four
02/2025-
02/2026
107,256
25,000
0 11,700
0 143,956
Five
02/2026-
02/2027
112,619
25,000
0 12,870
0 150,489
Six
02/2027-
06/2027
N/A
N/A
0 0
0 0
Total

$511,956
$125,000
$51,500
$44,950
$23,684
$757,000
Environmental
Not Applicable.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable, as Special Financing District forma0ons and administra0on are a necessity of daily city operations.

Fiscal Impact
The cost of administra0on services is charged directly to the special districts, which include the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
13 City's 3 LLMD's (2014-1, 2014-3, 2014-4), 11 zones under LLMD 89-1, BAD 2014-2, 90 JCSD transferred LMDs, and 4 CFDs (2017-1, 2017-2, 2019-1, 2020-1). Accoun0ng for the districts is located within the city's fund structure, funds 300-499. As the new CFD's are formed, forma0on and administra0on expenditures will be charged to new funds created for the new districts and collected through annual levies.

Prior City Council/Commission Action
The previous NBS Government Finance Group agreements and addendums were approved administra0vely. Separate agreements were processed for speciﬁc services. The current agreement was approved by City Council on February 23, 2022 under item 11.8.

Attachment(s)
Attachment 1 - First Amendment to Professional Services Agreement

Attachment 2 - Original Professional Services Agreement

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
14 -1-
First Amendment to Agreement

This First Amendment to Agreement (“First Amendment”) is entered into this 8th day of November, 2023 by and between the City of Eastvale, a California general law city (“City”), and NBS Government Finance Group, a California Corporation (“Contractor”), as follows:

RECITALS
A. City and Contractor entered in to an agreement for Special Financing District Administration Services on or about February 23, 2022 (“Agreement”) with a term limit of 5 years and compensation not-to-exceed $637,000.

B. City and Contractor desire to amend the term limit and extend the term for four months, for a total term of 5 years and 4 month s to include the entire fiscal year through June 30, revise the scope to include community facility district formations and additional annual administrative services for said districts, and amend the total compensation to $757,000.

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. TERM OF AGREEMENT. Section 1, paragraph (a) of the Agreement is amended to increase the total term of the agreement by four (4) months for a total term of five (5) years and four (4) months through June 30, 2028.
b. SCOPE OF SERVICES. Section 2, paragraph (a) of the Agreement is amended to add additional Services as set forth in Exhibit “B” “Scope of Services.”
c. COMPENSATION AND METHOD OF PAYMENT. Section 4, paragraph (a) of the Agreement is amended to add additional costs as set forth in Exhibit “C” and to increase the total compensation of the agreement by an additional fifty one thousand five hundred dollars ($51,500) for district formation services and an additional forty four thousand nine hundred fifty dollars ($44,950) for annual administrative services , and an additional contingency of twenty three thousand six hundred eighty four ($23,684) for a total not to exceed amount of seven hundred fifty seven thousand dollars ($757,000).

2. GENERAL PROVISIONS.
15 -2-
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 constitute s 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.

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:

____________________________
Mark Orme, City Manager

APPROVED AS TO FORM:

________________________
Erica L. Vega, City Attorney

ATTEST:

____________________________
Marc Donohue, City Clerk
16 -3-
NBS Government Finance Group

___________________________
Michael Rentner, President & CEO

17 -4-
Exhibit “B” Scope of Services

Community Facilities District Formation

KICK-OFF MEETING, PROJECT SCHEDULE
NBS will meet with City staff, legal counsel, and other interested parties to:
• Establish lines of communication
• Clarify the specific project goals and criteria that will meet the City’s preference • Identify and resolve any special circumstances regarding the formation of the CFD • Develop project schedules to meet legal requirements and provide for effective interaction of all involved parties
• Establish meeting dates consistent with schedule to achieve project milestones

LOCAL GOALS & POLICIES
NBS will review existing local goals and policies or assist the City in developing local goals and policies for the use of CFDs, as required by the Mello -Roos Community Facilities Act of 1982 (the “Act”).

DATA COLLECTION
NBS will gather and review data relevant to the formation of the CFD. Data will be obtained from various sources, including City records, Assessor’s parcel maps, and County Assessor information.

DISTRICT BOUNDARIES
NBS will make determinations of the property subject to the Special Tax • Establish boundaries for the CFD, giving consideration to both the project area and peripheral lands
• Verify ownership based on last equalized tax roll
• Formulate concepts with viable alternatives for spreading costs reasonably within the CFD boundary

CUSTOMIZED COST ESTIMATE
NBS will incorporate data relevant to estimating costs into an Excel based Cost Estimation Tool. The set up will compile the annual maintenance costs, lifecycle of each improvement, replacement costs, cost escalation capabilities tied to appropriate indexes that will be used to arrive at the project cost estimate based on the inputs of improvement plans.

NBS will customize the ultimate deliverable to include the level of specificity desired by the City. The Cost Estimate Form will generally provide a summary of the improvements and costs in a format and with the specific details as identified by the City.

NBS will review plans to retrieve the types and quantities of improvements to be operated and maintained and services to be provided within the Landscape Maintenance District.

Those improvements will then be entered into the Cost Estimation Tool.

18 -5-
NBS will review the output of the Cost Estimation Tool to ensure both data accuracy of the calculations and reasonableness of the results.

RATE MODELING
NBS will analyze the property data and cost estimate to formulate concepts with viable alternatives for spreading costs reasonably within the CFD boundary, taking into account the overlapping debt, value to lien and overall tax burden on the property.

RATE AND METHOD OF APPORTIONMENT
NBS will formulate and present the Rate and Method of Apportionment to the City, legal counsel, the financial advisor and others, as appropriate.

MAPPING
NBS will prepare the Boundary Map and related documents and present to the City as required by the Act.

RESOLUTIONS AND ORDINANCE
NBS will prepare the required resolutions and ordinance in accordance with the time schedule. The resolutions and ordinance will comply with the Act. Final form of the resolutions and ordinance will be reviewed and approved by legal counsel and the City.

INTENT MEETING
NBS will present to City Council and the public regarding the CFD formation process, the analysis that led to the setting of CFD special tax rates, and the methodology developed for the special tax.

CFD REPORT
Based on the results of the aforementioned reviews, discussions and modifications, NBS will prepare a detailed written report including the Cost Estimate, the Rate and Method of Apportionment and the Boundary Map and present to the City, legal counsel, and property owners. NBS will file the Special Tax Report with the City Clerk.

NOTICES AND BALLOTS
NBS will prepare and mail notices and ballots to all landowner electors within the territory of the proposed Community Facilities District. The notices and ballots will comply with “Proposition 218, The Right to Vote on Taxes Act”, the Act and all applicab le provisions of the Elections Code. Final form of notices and ballots will be approved by City staff and legal counsel.

PUBLIC HEARING
NBS will present all necessary testimony and respond to public comments regarding the district formation proceedings.

ELECTION
NBS will assist legal counsel in the preparation of the ballot materials for the landowner election.
19 -6-

ADDITIONAL CFD DOCUMENTS
NBS will prepare the Notice of Special Tax Lien in compliance with the Act. Final form of the Notice of Special Tax Lien will be approved by City staff and legal counsel.

Community Facilities District Annexation Services

KICK-OFF MEETING, PROJECT SCHEDULE
NBS will meet with City staff, legal counsel, and other interested parties to:
• Establish lines of communication
• Clarify the specific project goals and criteria that will meet the City’s preference • Identify and resolve any special circumstances regarding the annexation of property to the CFD
• Develop project schedules to meet legal requirements and provide for effective interaction of all involved parties
• Establish meeting dates consistent with schedule to achieve project milestones

DATA COLLECTION
NBS will gather and review data relevant to the annexation of property to the CFD. Data will be obtained from various sources, including City records, Assessor’s parcel maps, and County Assessor information.

NBS will review plans to retrieve the types and quantities of improvements to be operated and maintained and services to be provided within the Landscape Maintenance District.

Those improvements will then be entered into the Cost Estimation Tool.

NBS will review the output of the Cost Estimation Tool to ensure both data accuracy of the calculations and reasonableness of the results.

RATE AND METHOD OF APPORTIONMENT
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NBS will review the CFD Rate and Method of Apportionment as it relates to the property to be annexed to the CFD.

UNANIMOUS APPROVAL FORM
NBS will prepare and mail the unanimous approval form to all landowner electors within the territory of the proposed annexation to the CFD. Final form of the unanimous approval will be approved by City staff and legal counsel.

ADDITIONAL CFD DOCUMENTS
NBS will prepare the Notice of Special Tax Lien in compliance with the Act. Final form of the Notice of Special Tax Lien will be approved by City staff and legal counsel.

21 -8-
Exhibit “B” Compensation

Community Facilities District Formation and Annexation Services Fees

Community Facilities District Formation and Annexation Services Limonite CFD Formation ...................................................................................... $21,500 Expenses ............................................................................................................... $1,500 Total Not to Exceed ............................................................................................. $23,000

Leal CFD Formation ............................................................................................ $21,500 Expenses................................................................................................................ $1,500 Total Not to Exceed ............................................................................................ $23,000

Schleisman Tract CFD Annexation ........................................................................ $5,500 Expenses .......................................................................................................................$0 Total Not to Exceed .............................................................................................. $5,500

EXPENSES
Customary out-of-pocket expenses will be billed to the Client at actual cost to NBS. These expenses may include, but not be limited to, mailing fulfillment, postage, reproduction, telephone, travel, meals and various third -party charges for data, maps, and recording fees.

ADDITIONAL SERVICES
The following table shows our current hourly rates. Additional services authorized by the Client but not included in the scope of services will be billed at this rate or the then applicable hourly rate.

Title Hourly Rate
Director/Senior Review $250
Associate Director / Engineer $225
Senior Consultant $200
Consultant $175
Project Analyst $150
Project Resource Analyst $130
Clerical/Support $110

LMD, BAD, and CFD Annual Administration (Non-Bonded) Fees

COMPENSATION FOR SERVICES ADMINISTRATION SERVICES
22 -9-
Project Name Base Fee Per Zone NTE Expenses
CFD No. 2017-1 (Goodman Commerce Center) $ 3,532.75 N/A $100.00 CFD No. 2017-2 (Sendero) $ 3,532.75 N/A $100.00
CFD No. 2019-1 (Cloverdale Estates) $ 3,532.75 N/A $100.00 CFD No. 2020-1 (Hamner Place) $ 3,532.75 N/A $100.00
CFD No. 2022-1 (Limonte CFD) $ 3,532.75 N/A $100.00
CFD No. TBD (Leal CFD) $ 4,500.00 $750.00 $100 per Zone BAD No. 2014 -2 (Tracts 32821 & 32821-1) $ 2,663.15 N/A $100.00 Illumination Dist. No.2 $ 5,435.00 N/A $100.00
LLMD No. 89-1C, Mult Zone $15,761.50 N/A $100.00
LLMD No. 2014-1 (Tract 36382) $ 1,793.55 N/A $100.00
LLMD No. 2014-3 (Tract 36423) $ 1,793.55 N/A $100.00
LLMD No. 2014-4 (Parcel Map 35865) $ 706.55 N/A $100.00 LMD 2001-1 $15,761.50 N/A $100.00
LMD 2001-2 $13,587.50 N/A $100.00
LMD 2001-3 $16,305.00 N/A $100.00
LMD 98-2 $ 8,696.00 N/A $100.00
ENGINEER SIGNATURE AND STAMP OF ANNUAL ENGINEER’S REPORT –

OPTIONAL SERVICE
Fee per Report ..................................................................................................... $750.00

ANNUAL FEE INCREASES
Cost of living increases may be applied to the Administration services listed above on October 1 each year, beginning with the invoices issued on October 1, 2024. The COLA would be the actual cost of living increase based on the 12-month change from April/May to April/May in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all urban consumers for the applicable region for the City’s location.

EXPENSES
Customary out-of-pocket expenses will be billed to the City at actual cost to NBS. These expenses may include, but not be limited to, mailing fulfillment, postage, reproduction, telephone, travel, meals and various third -party charges for data, maps, and r ecording fees.

ADDITIONAL SERVICES
The following table shows our current hourly rates. Additional services authorized by the City but not included in the scope of services will be billed at this rate or the then applicable hourly rate.

Title Hourly Rate
Director $250
Associate Director / Engineer $225
Senior Consultant / Manager $200
Consultant $175
Financial Analyst $150
Clerical / Support $110
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24 A- 2022- 016

AGREEMENT FOR SERVICES
Special Financing District Annual Administration Professional Services This Agreement for Services (" Agreement") is entered into as of this 23rd day of February, 2022 by and between the City of Eastvale, a municipal corporation (" City") and NBS Government Finance Group, 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 negotiation 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.

D. The Parties agree that this Agreement shall supersede all previously executed agreements between the City and Contractor.

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 ( 3) years with the option of extending for two ( 2) subsequent one ( 1) year terms commencing on the date first ascribed above.

SECTION 2. 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.

SECTION 3. ADDITIONAL SERVICES.

Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 " Administration and Implementation" or Section 28 " Amendment" of this BE
25 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 six hundred thirty- seven thousand dollars ($ 637, 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 Insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS.
2-
26 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.
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 3-
27 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 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. 4-
28 SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement 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, at seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor' s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 5-
29 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 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 reportingor investigatinga suspectedviolationof lawor for the disclosureof a tradesecret that is made in a complaint or other document filed in a lawsuit or other proceeding, if 30 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 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.
7-
31 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. 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. 32 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:

To City: City of Eastvale
Attn: Amanda Wells, Finance Director/ City Treasurer
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: NBS Government Finance Group
Attn: Adina McCargo, Director
32605 Temecula Parkway, Suite 100
WE
33 Temecula, CA 92592
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 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 breachor 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. 10-
34 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).

SECTION 34. CONFLICTING TERMS.

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

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

CITY OF EASTVALE
Henry Garcia
Acting City Manager
11 -
35 ATTEST:
arc DonoRiue
City Clerk

APPROVED AS TO FORM
C- cc -
Erica Vega
City Attorney

NBS GOVERNMENT FINANCE
GROUP
wl' 41zty-
Michael Rentner
President & CEO
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.
12-
36 ATTEST:
m
Marc Donohue
City Clerk

APPROVED AS TO FORM
1 Erica Vega
City Attorney

NBS GOVERNMENT FINANCE
GROUP
Adina McCargo
Director
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.
12-
37 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
38 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
39 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.

C- 3
40 Exhibit A

SCOPE OF SERVICES
1972 Act Landscape and Lighting Maintenance District ( LIVID) and 1982 Act Benefit Assessment District ( BAD) Administration

DATABASE DEVELOPMENT
NBSwill update the database with current County Assessor's information including property owner names and addresses, and any other available data that will augment the existing database.

BUDGET PREPARATION
NBSwill meet with Citystaff to review the district budget for the coming fiscalyear. This budget will be based on historical costs and actual and/ or projected changes in costs and/ or improvements to be maintained. Cost categories may include but are not limited to capital improvements and maintenance costs, incidental costs (engineering, legal, City administration) and reserve funds.

ASSESSMENT COMPUTATION AND RATE ANALYSIS
NBSwill compute the assessment for each parcel within the district according to the Method of Assessment. NBSwill provide an assessment summary which will include the maximum assessments and current year assessments, separated by zone and method of assessment categories, if applicable.

ENGINEER' S REPORT PREPARATION
NBSwill prepare the annual Engineer' s Report and provide to City staff. The annual Engineer' s Report does not require a Registered Professional Engineer ( PE) signature and stamp unless an assessment increase, as defined by Proposition 218, occurs. The Report will consist of:

District background information.

A detailed and technically supported Method of Assessment.

A description of the improvements and services that are being funded by the District.

A cost estimate for the improvements and services being funded.

Copy or reference to the original District Diagram.

A table showing assessment levies by zone and method of assessment categories.

An Assessment Roll listing assessments by parcel or reference a complete roll on file with the City.

REPORT REVIEW AND APPROVAL
NBSwill meet via conferencecall with Citystaff to review the Engineer's Reportfor modifications and approval.

NOTICING AND RESOLUTION COORDINATION
NBS will coordinate activities to ensure that required tasks are completed within the scheduled time frame. NBSwill assist the City (or the City' s legal counsel) with preparation of any notice of public hearing or other meetings requiring publication. NBSwill assist the City (or the City' s legal counsel) with preparation of the staff report, all legalnotices and the associatedresolutions describedbelow:

NBSCity
of E e
Annual Special financing District Administration Page 1 41 Resolution describing improvements, initiating proceedings, and ordering the engineer to prepare and file a report for the City.

Resolution preliminarily approving the Engineer' s Report.

Resolution of Intention declaring the intention of the City Council to levy and collect assessments and setting a date for the public hearing.

Resolution authorizing the placement of assessments on the secured property tax bills.

PUBLIC HEARING ATTENDANCE
NBSwill attend the public hearing asrequested by the City.

LEVY SUBMITTAL
NBSwill submit the levy to the County Auditor - Controller in the required format. Assessments rejected by the CountyAuditor -Controller will be researchedand resubmitted for collection on the CountyTaxRoll.

Any parcelsthat are not acceptedby the Countyfor collection will be invoiced with payment to be directed to the City.

MAINTAIN DISTRICT DATA
NBSwill annually track all parcel changes to ensure that all changes are documented. Historical parcel change data will be maintained by NBS.

ANNUAL LEVY REPORT
NBSwill provide an annual Levy Summary Report. The report will include a parcel listing with key rate identifiers and final levy amounts. Parcel and levy data can be provided via an emailed electronic file and printed, if desired.

CONSULTING SUPPORT
NBSshall provide a toll -free phone number for use by the City, other interested parties, and all property owners. NBSwill be available to answer questions regarding the District and the ongoing collection of assessments. Bilingual staff is available to assist Spanish-speaking property owners.

Community Facilities District Administration ( Non -Bonded)

DATA COLLECTION
NBSwill gather and review data pertinent to the administration of the Community Facilities District ( CFD).

Datawill be obtained from various sourcessuch asassessor's parcel maps, building permits and county assessorinformation asdetermined to be necessarybasedon the requirements of the Rateand Method of Apportionment. NBSwill maintain and periodically update a database of all parcels within the CFDsand relevant parcel information.

ADMINISTRATIVE COST RECOVERY
NBSwill assistthe City in identifying all costsassociatedwith the administration of the CFDand recover those costs through the levy process as outlined in §53317( e) and §53340 of the Government Code of the State of California. Such costs may include but are not to be limited to: bank fees, legal fees, county tax collection fees, and costs and expenses of the City and its consultants related to administration of the CFD. w' BS CityofEastvale1 V Annual Special Financing District Administration Page 2 42 SPECIAL TAX REQUIREMENT
NBS will calculate the annual Special Tax Requirement that will include all necessary components as outlined in the Rate and Method of Apportionment, such as funds necessary for authorized services and maintenance, administrative expenses, collection costs for direct financing of services or facilities, and credits as determined from the analysis of the CFD funds.

LEVY CALCULATION
NBS will calculate the annual special tax levy for each parcel within the CFDfollowing the guidelines established in the Rate and Method of Apportionment.

LEVY SUBMITTAL
NBS will submit the levy to the County Auditor - Controller in the required format by the County' s deadline.

Special Taxes rejected by the County Auditor - Controller will be researched and resubmitted for collection on the CountyTaxRoll. Any parcelsthat are not accepted bythe Countyfor collection will be invoiced directly to the parcel owner, with payment to be directed to the City.

SPECIAL TAX LEVY REPORT
NBSwill provide an annualSpecialTaxLevyReport. This report will include a parcel listing with levy amounts and other parcel information, the details of the annual Special Tax Requirement, fund analysis, administrative expenses to be recovered, and status of the project and current issues affecting the CFD.

ADDITIONAL REPORTING
NBSwill be a resource to the City by staying current and identifying any new legislation and reporting requirements as they relate to the CFD.

For each of the following reporting requirements, NBSwill review all pertinent documents and obtain the information needed to:

Prepare the required reporting to the California State Controller' s Office California Government Code, Section 12463.2, enactedaspart of AB2109. Provideto Citystaff for inclusion in the annual financial transaction report.

Assist in the filing of the SB165 report to the City Council each year to comply with legislation that enforces additional reporting requirements. California Government Code, Sections 50075. 3 or 53411.

Prepare other reports as required by any State and/ or Federal disclosure reporting requirements pertaining to each CFD, as applicable, amended, or newly enacted and required. This may be subject to additional fee.

NOTICE OF SPECIAL TAX DISCLOSURE
NBSwill provide Notice of Special Tax Disclosure notices to requesting parties as required by §53340. 2 and 53341. 5 of the Government Code of the State of California. The fee of any Notice of Special Tax shall be billed to the party requesting the disclosure form.

CONSULTING SUPPORT
NBSwill provide a toll -free phone number for use by the City, other interested parties, and property owners. Our staff will be availableto answerquestionsregardingthe CFDand ongoingcollection of the special tax. Bilingual staff is available for Spanish-speaking property owners.

NBS Airy
of
Special
le
V 7 AnnualSpecialFinancingDistrictAdministration Page 3 43 Exhibit B

PROFESSIONAL FEES
LIVID and BAD Annual Administration
LIVID 89- 1C ( Zones 10, 33, 41, 79, 85, 111, 115, 116, 147, 151, and 156)......................................... $ 14, 500 Illumination District No. 2.................................................................................................................... $ 5, 000 LIVID98- 2............................................................................................................................................. $ 8, 000 LIVID2001- 1....................................................................................................................................... $ 14, 500 LIVID2001- 2....................................................................................................................................... $ 12, 500 LIVID2001- 3....................................................................................................................................... $ 15, 000 BAD 2014- 2 ( Tracts 32821 & 32821- 1)................................................................................................ $ 2, 450 LIVID 2014- 1( Tract 36382)................................................................................................................... $ 1, 650 LIVID 2014- 3 ( Tract 36423)................................................................................................................... $ 1, 650 LIVID 2014- 4 ( Tract 35865)...................................................................................................................... $ 650 Subtotal............................................................................................................................................. $ 75, 900 EstimatedExpensesM................................................................................................................... NTE $ 1, 000 Total.................................................................................................................................................. $ 75, 900 1) See description of expenses below
CFD Annual Administration ( Non - Bonded)
CFD 2017- 1 ( Goodman Commerce Center) ....................

CFD 2017- 2( Sendero).....................................................

CFD 2019- 1( Cloverdale Estates) ....................................

CFD 2020- 1( Hamner Place) ............................................

CFD20224' I...................................................................

Subtotal..........................................................................

Estimated ExpensesM....................................................

Total............................................................................... 1) Anticipated to be formed by June 2022
2) See description of expenses below
ADDITIONAL OPTIONAL SERVICES — HOURLY RATES
3, 250
3, 250
3, 250
3, 250
3, 250
I................ $ 16, 250
NTE $ 500
16, 750
Thefollowing table showsour current hourly rates. Optional servicesauthorized by the City but not included in the scopeof serviceswill be billed at this rate or the then applicable hourly rate. Thismay include attendance at additional meetings or other on -call consulting services, as requested.

NBSiCity of
AnnualSpecial
FinancingDistrict AdministrationPage 4
44 Title
Director
Hourly Rate
225
Associate Director / Engineer 210
Senior Consultant / Manager 175
Consultant 155
Analyst 130
Clerical / Support 105

ANNUAL FEE INCREASES
Cost of living increases may be applied to the services listed above in October each year, beginning with October 2023. The increase would be the actual cost of living increase based on the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index ( CPI) for all urban consumers for the City' s area. 1 -taAM
Administration services fees are for the first year, with possible CPIadjustment in subsequent years, as referenced above. Such fees will be invoiced at the beginning of each quarter. Expenses will be itemized and included in the next regular invoice. Fees for all other services will be invoiced upon completion of the task. If the project is prematurely terminated by either party, NBSshall receive payment for work completed. Payment shall be made within 30 days of submittal of an invoice. If payment is not received within 90 days, simple interest will begin to accrue at the rate of 1.5% per month. Either party can cancel administration contracts with 30 days' written notice.
w, BS Citya EastvSpecialv Annual Special Financing District Administration Page 5 45 AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.3
November
8, 2023
Consideration of Uncollectible Accounts Receivable Write-Off Prepared By:

Amanda Wells, Finance Director/City Treasurer
Recommended Action(s)
Staff recommends that the City Council approve the write-off of uncollectible accounts receivable.

Summary
In accordance with the City of Eastvale’s Write-Oﬀ of Uncollec'ble Accounts Receivable Policy, adopted December 9, 2020, Council approval is required to write-oﬀ any outstanding balances in excess of $24,999. Staﬀ requests Council's approval for the write-oﬀ of three uncollec'ble accounts dating back to 2015 totaling $140,876.09.

Background
The City's Write-Oﬀ of Uncollec'ble Accounts Receivable Policy concerns the handling of outstanding accounts receivables that are in excess of three years. Various City departments have non-tax related accounts receivable resul'ng from daily opera'ons. Some receivables become uncollec'ble a:er a period of 'me or a:er an event (bankruptcy, death, etc.). When the City determines that a receivable is uncollec'ble, the receivable should be wri=en oﬀ for accoun'ng purposes only, the write oﬀ does not cons'tute a forgiveness of the debt. The policy ensures that reasonable diligence has been used to collect accounts receivable, improve measurement of financial data, and guarantee efficient use of City revenue collection resources.

The policy outlines the write-off authority by position below:

Amount
Write-Off
Authority
Up to $10,000
Finance Director 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
46 >$10,000 and
<$24,999
City Manager
>$24,999
City Council

Since the policy was passed staﬀ has been diligently working to reconcile developer deposits and capture uncollected receivables. The following accounts have been determined to be uncollec'ble and require Council approval to write-off:

Account Type
Description
Permit #
Amount
Public Works
Deposit
Lewis Hamner Place
Engineering Review
PW18-
10712*
$42,758.62
Public Works
Deposit
Pulte Group Engineering
Fees
PW18-
10482*
70,000.00
Public Works
Deposit
Enclave Marketplace
Parking Lot
15-0132
28,117.47
Total Bad Debt
$140,876.09

The deposit for Lewis Hamner Place Engineering Review (PW18-10712) was mistakenly charged for costs associated with a land exchange and purchase agreement between Lewis Land Developers and the City of Eastvale. A:er several discussions with Lewis Land Developers, staﬀ conﬁrmed that $42,758.62 in contract service charges related to the agreement were billed to PW18-10712 erroneously. As a result, the charges should be waived. The deposit for Pulte Group Engineering Fees (PW18-10482) is related to the Cloverdale Estates housing tract at the south east corner of Limonite and Scholar Way. Pulte reported inaccurate and undeﬁned contract service charges on the deposit account. Staﬀ nego'ated with Pulte and determined that $70,000.00 in costs did not have adequate backup or notes detailing the services provided. As a result, staﬀ and Pulte agreed that the charges should be waived. The Enclave Marketplace (15-0132) has had no expenditure ac'vity in over three years and collec'on eﬀorts have not resulted in payments. Per the city's write-oﬀ policy accounts inac've for at least three years are eligible for write oﬀ. Staﬀ recommends that the outstanding deposit amount for Enclave Marketplace be written off.

Environmental
Not applicable.

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

Fiscal Impact
The approval of this item will trigger the write-oﬀ of all three accounts and a subsequent expenditure in bad-debt account 100-290-6700 in the amount of $140,876.09; adequate budget was appropriated during the ﬁscal year 2023-24 budget process. Other accounts under the City Manager's and Finance Director's approval threshold will be wri=en oﬀ in addi'on to recogni'on of unclaimed monies. In total, the City will net a nega've $103,381.79 in ﬁscal year 2023-24 for unclaimed monies and bad debt.

Prior City Council/Commission Action 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
47 City Council approved the administra've policy A-31 “Write-Oﬀ of Uncollec'ble Accounts Receivable” on December 9, 2020 with a unanimous vote. Received Ad-Hoc approval on September 12, 2022 to write oﬀ $42,758.62 for Lewis Hamner Place, PW18-10712. Received Ad-Hoc approval on April 11, 2022 to write off $70,000.00 for Pulte Group, PW18-10482
.

Attachment(s)
Not Applicable.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
48 AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.4
November
8, 2023
Funding Priori)es for the County of Riverside 2024-2029 Five-Year Consolidated Plan
Prepared By:

Samantha Greven, Management Analyst
Recommended Action(s)
Staff recommends that the City Council:

1 .

Approve and adopt Eastvale's 2024-2029 ﬁve-year HUD-CPD funding priori*es as: Americans with Disabilities Act (ADA) Improvements, Library Services, Senior Services, Youth Services, and Home Improvement Services; and
2 .

Authorize these priori*es to be incorporated into the County of Riverside's 2024-2029 Five- Year Consolidated Plan.

Summary
The County of Riverside Department of Housing and Workforce Solutions (HWS) has begun preparing the 2024-2029 Five-Year Consolidated Plan to establish priority projects and ac*vi*es for the use of HUD-CPD funding.

As part of its ﬁve-year planning process, HWS has asked for input from Coopera*ng Ci*es within the County on the use of Community Development Block Grants (CDBG), HOME Investment Partnerships (HOME), and Emergency Solu*ons Grant (ESG) funds. This feedback will help inform decisions about the County's investments in its communities.

At the regularly scheduled City Council mee*ng on March 22, 2023, the Eastvale City Council established funding priorities for the 2024-2025 CDBG Program Year as: 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
49 1
.

Americans with Disabilities Act (ADA) Improvements
2 .

Library Services
3 .

Senior Services
4 .

Youth Services
5 .

Home Improvement Services

Staﬀ recommends that the City Council approve and adopt Eastvale's 2024-2029 ﬁve-year HUD-CPD funding priori*es as: Americans with Disabili*es Act (ADA) Improvements, Library Services, Senior Services, Youth Services, and Home Improvement Services; and authorize these priori*es to be incorporated into the County of Riverside's 2024-2029 Five-Year Consolidated Plan.

Background
The City of Eastvale is a Coopera*ng City in the County of Riverside's CDBG program. The County of Riverside Department of Housing and Workforce Solu*ons (HWS) has begun preparing the 2024- 2029 Five-Year Consolidated Plan. Each year, Riverside County receives approximately $10,000,000 from Federal Community Development Block Grants (CDBG), HOME Investment Partnerships (HOME), and Emergency Solu*ons Grant (ESG) Programs. These Programs support community development ac*vi*es to build stronger and more resilient neighborhoods, principally for persons of low- to moderate-income.

An integral component of the Consolidated Plan is the par*cipa*on of the Coopera*ng Ci*es in assessing their community development needs and establishing priority projects and ac*vi*es using HUD-CPD funding (includes CDBG, HOME, and ESG) over the next ﬁve years. The City must respond to the County of Riverside by December 15, 2023.

The County developed a comprehensive survey to assess community needs. The City publicly noticed the availability of both the online survey as well as the paper version.

OUTREACH RESULTS

Online Survey
The County of Riverside online survey tracks respondents by ZIP Codes. HWS provided a report which shows that ten (10) individuals who live or work in either the 91752 or 92880 ZIP codes responded to the online survey. Both the 91752 and 92880 ZIP codes' boundaries overlap into neighboring ci*es. HWS is unable to conﬁrm if any of the ten respondents live or work within the boundaries of Eastvale.

ONLINE SURVEY - OVERALL PRIORITIES
1 = Highest Priority 5 = Lowest Priority
1 Public Facilities
Libraries, Parks, Senior Centers, Youth Centers, etc.
2 Community Services
Services for Children, Services for Seniors, Health Services, etc. 3 Public Improvements
Street Repairs, Sidewalk Repairs, Water and Sewer Improvements, etc.
4 Housing
Home Repairs, Down Payment Assistance, Energy Efficiency Upgrades, etc.
5 Business and Job
Opportunities
Training Programs, Small Business Loans, Coaching for Small Business Owners, etc. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
50 Paper Survey
Paper surveys were available on the City of Eastvale website as well as in-person at City Hall. Over the course of 30 days the City did not receive paper surveys from members of the public.

Community Meeting
The City hosted a community mee*ng for aIendees to ask ques*ons and complete the survey in person. This mee*ng was held on September 14, 2023, at 6:00 p.m. at City Hall. The mee*ng was publicly noticed; however, no members of the public attended the meeting.

FUNDING PRIORITIES
At the regularly scheduled City Council mee*ng on March 22, 2023, the Eastvale City Council established funding priorities for the 2024-2025 CDBG Program Year as:
1 .

Americans with Disabilities Act (ADA) Improvements
2 .

Library Services
3 .

Senior Services
4 .

Youth Services
5 .

Home Improvement Services

Based on the response received, City staﬀ recommends the City Council u*lize the funding priori*es they set in March of this year for the County of Riverside's Five-Year Consolidation Plan.

Environmental
Establishing ﬁve-year HUD-CPD funding priori*es is 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 #: C
| Goal #: J
Leverage grant funding.

Fiscal Impact
The County of Riverside Department of Housing and Workforce Solu*ons (HWS) has es*mated the City of Eastvale’s 2024-2025 Community Development Block Grant (CDBG) alloca*on to be $190,204. HWS has not issued the City of Eastvale’s CDBG No*ce of Funding Availability (NOFA) for 2025-2026, 2026-2027, or 2028-2029. Budget has not been appropriated for this ﬁve-year period and will not be appropriated un*l the City enters into an agreement with Riverside County and the county subsequently issues the city an incur cost letter.

Prior City Council/Commission Action
March 22, 2023 - City Council established funding priori*es for the 2024-2025 CDBG Program Year as: Americans with Disabili*es Act (ADA) Improvements, Library Services, Senior Services, Youth Services, and Home Improvement Services.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
51 October 26, 2022 - City Council chose to reallocate 100% of the CDBG funds from FY 2023-2024 to the FY 2022-2023 CDBG funded project for miscellaneous ADA improvements across the City.

December 8, 2021 - City Council directed staﬀ to prepare and submit an applica*on to the County of Riverside for the 2022-2023 Community Development Block Grant (CDBG) program year. The selected program was for miscellaneous ADA improvements across the City.

December 9, 2020 - City Council directed staﬀ to prepare and submit an applica*on to the County of Riverside for the 2021-2022 Community Development Block Grant (CDBG) program year. The selected programs were the Eastvale Library Project and the Eastvale Branding Project.

December 11, 2019 - City Council approved the Job Crea*on and Business Incen*ve Loan Program as the City's 2020-2021 Community Development Block Grant (CDBG) project and authorized the City Manager to submit the County of Riverside CDBG program applica*on for 2020-2021 CDBG Allocation.

Attachment(s)
Not Applicable.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
52 AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.5
November
8, 2023
Professional Services Agreement with Verdical Group for the Commissioning of City Hall, Library, and Police Station Prepared By:

Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council Authorize the City Manager to execute a contract with Verdical Group for an amount of $104,931 plus 10% con.ngency for a not to exceed amount of $115,424, to provide
commissioning service of
City Hall, Library, and Police Station.

Summary
On August 26, 2022, Phase I of the Downtown Eastvale project, formerly known as the Leal Project, closed escrow and is now owned oﬃcially by The New Home Company. Phase I of Downtown Eastvale includes a new City Hall, library, police sta.on, arts and cultural spaces, and an amphitheater on approximately 16 acres. The area also includes 495,000 square feet of retail and commercial space, parks, and up to 802 homes. The remainder of the project will be constructed in subsequent phases.

In new building construc.on, commissioning or commissioning process is an integrated, systema.c process to ensure, through documented veriﬁca.on, that all building systems perform interac.vely according to the "Design Intent". To ensure that all of the buildings are func.oning properly, as designed, commissioning service is highly recommended.

Selected consultant will provide the base commissioning service for the amount of $64,850. If any future grant funding for the Library requires enhanced commissioning, add alternate services of enhanced commissioning will be provided, at the City's discre.on, for the amount of $44,080. This enhanced service op.on is for the Library only. Any future grant funding for the City Hall and the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
53 Police Sta.on that requires LEED cer.ﬁca.on will require fee nego.a.on and contract amendment for the added service that is beyond the scope of this agreement. It will be brought to council for consideration and approval.

Background
Downtown Eastvale is the single most impacCul development program in the City's history. Staﬀ solicited and received 3 proposals: Brightworks Sustainability, UL Veriﬁca.on Services Inc., and Verdical Group. Verdical Group was selected to provide the commissioning service of the three newly constructed buildings: City Hall, Library, and Police Sta.on. Per California Building Code, all new building designs must meet CALGreen energy eﬃciency code. Furthermore, as staﬀ is con.nually seeking grants for funding support, vast majority of the grants inquired by staﬀ require some level of Leadership in Energy and Environmental Design (LEED) Certification.

The LEED Fundamental Commissioning & CALGreen Code Commissioning scope of work for the project includes the following services. Commissioning (Cx) services will be provided in accordance with requirements for California Title 24 (CALGreen) code, and LEED v4 BD+C: EAp Fundamental Commissioning and Veriﬁca.on. Systems to be commissioned include the following: HVAC&R and Controls, Domes.c Hot Water, Ligh.ng and Ligh.ng Controls, Electrical Service and Distribu.on Equipment, Irriga.on, and Renewable Energy Systems and Water Reuse Systems, as applicable. The LEED Fundamental Commissioning prerequisite is required for LEED certification.

Environmental
The proposed professional services agreement with Verdical Group is not considered a project as deﬁned by the California Environmental Quality Act (CEQA). No further environmental review is required.

Strategic Plan Action - Priority Level: 1
| Target #: 2
| Goal #: 1
The proposed contract contribute to the development of Downtown Eastvale, which can signiﬁcantly aNract businesses and retailers to establish their presence in the City and create “Destination Eastvale” with high-quality and unique businesses.

Fiscal Impact
Total ﬁscal impact for this item is $115,424. Adequate budget is available under Capital Improvement Plan Project No. 95011 for the Civic Center in the General Capital Projects Fund (account 600-500-6650).

Prior City Council/Commission Action
This is the first contract with this vendor and there is no prior Commission or City Council action.

Attachment(s)
ANachment 1 - Service Agreement (currently being reviewed for comment and execu.on by Verdical)

Attachment 2 - Proposal from Verdical Group

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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AGREEMENT FOR LEED FUNDAMENTAL AND CALGREEN CODE

COMMISSIOINING SERVICES

FOR EASTVALE CIVIC CENTER WITH VERDICAL GROUP
This Agreement for Services (“Agreement”) is entered into as of this ____ day of _________, 2023 by and between the City of Eastvale, a municipal corporation (“City”) and Verdical Group, 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 negotiation the performance of the services defined and described particularly in Section 2 of this Agreement.

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement commences on the date first above written and terminates upon completion of the Eastvale Civic Center project.

SECTION 2. ADDITIONAL 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.

SECTION 3. ADDITIONAL SERVICES.

Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with 55 - 2 -
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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 one hundred and fifteen thousand four hundred and twenty- four dollars ($115,424.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. The total compensation does not include LEED, WELL, and Fitwel registration or certification review costs. If the City directs the Contractor to pay these fees, the City will be invoiced at cost plus 15%. Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month. 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.
(b) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, invoices past due 45 days or more will be charged interest at a rate of 5 percent (%) per month.
(c) 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.”
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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 the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In 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.
(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 otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all 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 58 - 5 -
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to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

The parties acknowledge that success or failure of an effort to accomplish LEED, WELL, and Fitwel certification is contingent upon a wide range of factors, including the cooperation of the City and project contractors who are not accountable to Contractor, such as the owner, the architects, the mechanical engineer, general contractor, and civil engineer.

Contractor will use commercially reasonable efforts to provide the Services under this Agreement, but Contractor cannot warrant or guarantee in any way the successful certification of the project under the LEED, WELL, and Fitwel certification standard and cannot warrant or guarantee in any way the achievement of a specific level of LEED, WELL, and Fitwel certification.

For preliminary material, equipment, FFE (furniture, fixtures, and equipment) selections/specifications and the general contractor’s documentation process with all subcontractors, the Design and Construction team (architect, designer, and general contractor) shall complete a preliminary documentation review to determine gaps for information that is required for LEED. The Design and Construction team will prepare a LEED documentation package to be reviewed by Contractor.

For a period of sixty (60) days after City’s receipt of Contractor’s services, Contractor warrants that such services will reasonably conform to the specifications set forth in Exhibit A. Contractor’s sole obligation in the event of breach of warranty and City’s sole remedy will be for Contractor to use commercially reasonable efforts to correct identified nonconformities, to the extent reasonably possible. Contractor does not warrant that work or materials will be error free or that all error or defect can or will be corrected.

This warranty is in in lieu of all other warranties, express or implied, and Contractor specifically disclaims any implied warranties of title, noninfringement, merchantability or fitness for a particular purpose.

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

SECTION 12. NONDISCRIMINATION.

Contractor shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

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

SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform non- related services for other governmental agencies and private Parties following the 60 - 7 -
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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.

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 61 - 8 -
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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 “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.
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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.

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, 63 - 10 -
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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.

SECTION 23. COOPERATION BY CITY.

The City is aware of and will comply with the LEED Minimum Program Requirements (MPRs) as outlined by Green Business Certification, Inc. (GBCI).

Contractor will furnish the Contractor a list of the MPRs upon request, or they can be downloaded from the GBCI website.

SECTION 24. NOTICES.

To City: City of Eastvale
Attn: Community Development Director
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: Verdical Group, Inc.

Attn: Drew Shula, CEO
199 S. Los Robles Ave., Suite 300
Pasadena, CA 91101
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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.
(a) 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 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. 65 - 12 -
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SECTION 30. LAW TO GOVERN; VENUE.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

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

SECTION 34. CONFLICTING TERMS.

SECTION 35. MARKETING.

Contractor may identify and describe the project in its marketing materials. Upon the request of Contractor, the City will provide renderings or images of the project for use by Contractor in marketing materials. Contractor may, at its discretion, have installed on the perimeter job-site fence during construction a sign with Contractor's name, logo and a caption reading “Green Building Consultants.” Signage will be provided at Contractor's expense.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
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[SIGNATURES ON FOLLOWING PAGE]
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CITY OF EASTVALE
___________________________
Mark Orme
City Manager
ATTEST:
___________________________
Marc Donohue
City Clerk

APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney

VERDICAL GROUP
____
Drew Shula, CEO
68 4881-1429-8763 v2 A-1
EXHIBIT "A"

SCOPE OF SERVICES
Contractor shall provide the Services as set forth on pages 3 through 6 of the Eastvale Civic Center proposal submitted by Contractor dated October 23, 2023, revised October 24, 2023.
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EXHIBIT "B"

COMPENSATION
Contractor shall charge the City $64,850 for the Services identified in the Scope of Services as LEED Fundamental Commissioning & CalGreen Code Commissioning.

Contractor shall charge the City $24,670 for the Services identified in the Scope of Services as LEED Enhanced Commissioning, if City elects to have Contractor provide those Services.

Contractor shall charge the City $15,410 for the Services identified in the Scope of Services as LEED Monitoring-Based Commissioning, if City elects to have Contractor provide those Services.

Contractor shall use the hourly rates listed on page 7 of the Eastvale Civic Center proposal submitted by Contractor dated October 23, 2023, revised October 24, 2023 for any additional Services that are authorized by the City. 70 4881-1429-8763 v2 C-1
EXHIBIT "C"

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 not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.
71 4881-1429-8763 v2 C-2
(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:

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 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 72 4881-1429-8763 v2 C-3
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.
73 Eastvale Civic Center
Commissioning
Prepared for:

Jimmy Chung
City of Eastvale, CA
12363 Limonite Ave, Unit 910
Eastvale, California 91752
OCTOBER 23, 2023
REVISED OCTOBER 24, 2023
74 Jimmy Chung, Interim Public Works Director | City of Eastvale, CA 12363 Limonite Ave, Unit 910, Eastvale, California 91752 951.361.0900 | [email protected]
Eastvale Civic Center
Commissioning
Jimmy Chung,
Thank you for the opportunity to provide our proposal for the Eastvale Civic Center project located at Limonite & Hamner Avenues, Eastvale, CA 92880. It is our pleasure to provide the enclosed fee proposal for professional services including: Commissioning. We believe that you will find Verdical Group especially qualified for this project because of our:
• Sustainability Expertise: As a full-service consulting firm, we deliver expert service for all required scopes of work for the successful completion of your high performance building effort. Our clients appreciate that they only have to work with one consultant to provide all required services. • Project Experience: Verdical Group is a highly-qualified Commissioning provider, having completed more than 200 high-performance building projects. We have 10+ years of experience working with high- profile clients including Presidio Bay Ventures, Hudson Pacific Properties, Amgen, General Electric, Cisco, Seagate, Witkoff, Johnson & Johnson, and JLL.It has been a pleasure working with Gensler on projects such as Campbell Hall, Hogan Lovells, Hudson Pacific Properties, and more. • Company Values: We are a net positive company, having officially offset our entire historical carbon footprint dating back to the company’s founding in 2012, plus ten percent. Incorporated as a Benefit Corporation and a high-scoring B Corporation, we meet rigorous standards of social and environmental performance and transparency. As a 1% for the Planet Member Company, we donate 1% of our annual revenue to environmental nonprofits.
• Staff: Verdical Group staff excel in integrated project delivery and specialize in Commissioning, as well as related sustainable design services. We leverage each individual’s unique expertise to allow us to best serve our clients' needs. Our team of multidisciplinary experts hold the following credentials: LEED Fellow, Living Future Hero, LEED AP BD+C, ID+C, PE, CBCP, CEM, GGP, WELL AP, Fitwel Ambassador, LFA, Assoc. AIA, ENV SP, TRUE Advisor, and ActiveScore AP.
• Location: Verdical Group brings local expertise to the project with our team’s office locations in San Francisco, Los Angeles, San Diego, and Pasadena, CA. We are a California-based firm with deep knowledge of green building code requirements. We are a certified small business with the State of California Department of General Services.

We are available to discuss any questions you might have – please feel free to call or email us at any time. We appreciate the opportunity to be of service and look forward to working with you and the project team.

Best Regards,
verdicalgroup.com | 213.282.7607 | Los Angeles | San Francisco | San Diego | 1 Drew Shula
Founder & CEO
Verdical Group
75 Project Details
Project Name: Eastvale Civic Center
Project Location: Limonite & Hamner Avenues, Eastvale, CA 92880 Client: City of Eastvale, CA
Owner: City of Eastvale, CA
Building Type: Civic Center / Public Facility
Area: 3 buildings including Library, City Hall, and Police Station. 100,011 square feet total:

Library: 24,910 square feet
City Hall: 51,680 square feet
Police Station: 23,421 square feet
Schedule: Assumes completion by early 2027 (per City of Eastvale website - https://www.eastvaleca.gov/i-want-to/know-about-eastvale-s-downtown-and- civic-center). Assumes all buildings will be constructed simultaneously.

1. LEED FUNDAMENTAL COMMISSIONING & CALGREEN CODE COMMISSIONING The LEED Fundamental Commissioning & CALGreen Code Commissioning scope of work for the project includes the following services. Commissioning (Cx) services will be provided in accordance with requirements for California Title 24 (CALGreen) code, and LEED v4 BD+C: EAp Fundamental Commissioning and Verification. Systems to be commissioned include the following: HVAC&R and Controls, Domestic Hot Water, Lighting and Lighting Controls, Electrical Service and Distribution Equipment, Irrigation, and Renewable Energy Systems and Water Reuse Systems, as applicable.The LEED Fundamental Commissioning prerequisite is required for LEED certification. Commissioning services are as follows:
• Review the Owner’s Project Requirements (OPR), Basis of Design (BOD), design reviews at 50% and 90% of construction documents.
◦ These documents are to be provided to Verdical Group from the owner and design team. • Complete Commissioning (Cx) Kickoff meeting – this will be held onsite or at Contractor’s office. All other meetings will be held via conference call / screen-sharing meeting unless otherwise noted • Develop and implement a Cx Plan
• Confirm incorporation of Cx requirements into the construction documents • Develop construction checklists
• Develop a system test procedure
• Maintain an issues and benefits log throughout the Cx process • Verify installation and performance of commissioned systems:
◦ HVAC and refrigeration equipment
◦ Lighting/lighting controls
◦ Domestic hot water
◦ Building control system
◦ Irrigation system
◦ Electrical service and distribution
◦ Renewable energy systems (Solar PV) as applicable
◦ Water reuse systems as applicable
• Verify owner training
• Prepare a Final Cx Report
• Provide Systems Manual
• Develop Current Facilities Requirements (CFR) and O&M Plan. • Document all findings and recommendations and report directly to the Owner throughout the Cx process • Prepare LEED Fundamental Commissioning documentation and upload to LEED Online • Please note:
◦ Functional performance testing will not begin until all checklists, startup reports, and air balance report is turned in for review.
◦ All contractor testing including point-to-point checks, system flushing, and control programming will be completed and operable by the installing contractor prior to the start of the Verdical Group system testing
◦ Representatives of the major equipment manufacturers and the installing contractor will be present for the performance of the functional testing and training sessions verdicalgroup.com | 213.282.7607 | Los Angeles | San Francisco | San Diego | 3 77 ◦ This scope accounts for one (1) onsite Cx Kickoff meeting, eight (8) virtual design phase meetings, ten (10) virtual construction phase meetings, up to six (6) site visits with progress meeting during construction, and functional performance testing in-person. ◦ If enhanced trend monitoring is needed to validate proper system operation that test equipment will be provided by the Contractor
◦ In the event that Cx retesting of the systems is required beyond theincluded 4 days, compensation for these retests will take place on a T&M basis billed at $215/hour, including time billed for travel time
◦ Enforcement of noncompliance Cx items by contractor
◦ The following documents must be provided by the Owner or Owner’s representative. Verdical Group will not generate or assist with putting together the OPR or BOD; this would be a conflict of interest as the third party Commissioning Agent. These documents are a minimum CALGreen Requirement. ▪ 50% Construction Documents
▪ 90% Construction Documents
▪ Owner’s Project Requirements (OPR) document
▪ Basis of Design (BOD) document
Add Alternate Services

1. LEED ENHANCED COMMISSIONING (ECX / OPTION 1, PATH 1) The LEED Enhanced Commissioning Credit is optional to pursue at the Client's discretion or if additional points are needed on the LEED scorecard. LEED Enhanced Commissioning Option 1: Enhanced Commissioning is worth 4 points.

LEED Enhanced Commissioning requires a third-party Commissioning Agent (CxA), such as Verdical Group, to complete this scope; the CxA cannot be part of the design team. Verdical Group sees value for our clients in completing this scope of work, so if the project budget allows, Enhanced Commissioning is recommended.

Commissioning services under this scope of work will be provided in accordance with the requirements of LEED v4 EAc Enhanced Commissioning Option 1: Enhanced Commissioning, and will include the following:
• Review contractor Cx related submittals.
• Verify inclusion of systems manual requirements in construction documents. • Verify inclusion of operator and occupant training requirements in construction documents. • Verify systems manual updates and delivery.
• Verify operator and occupant training delivery and effectiveness. • Verify seasonal testing.
• Review project operations within ten (10) months after substantial completion. • Develop an ongoing commissioning plan.
• Prepare LEED Enhanced Commissioning documentation and upload to LEED Online. verdicalgroup.com | 213.282.7607 | Los Angeles | San Francisco | San Diego | 4 78 2. LEED MONITORING-BASED COMMISSIONING (MBCX)
The LEED Monitoring-Based Commissioning (MBCx) credit is optional to pursue at the Client's discretion or if additional points are needed on the LEED scorecard. LEED Monitoring-Based Commissioning is worth 1 point, in addition to the 3 points from LEED Enhanced Commissioning.The LEED Monitoring-Based Commissioning scope of work cannot be performed without also performing the LEED Enhanced Commissioning scope of work.

LEED Monitoring-Based Commissioning requires a third-party Commissioning Agent (CxA), such as Verdical Group, to complete this scope; the CxA cannot be part of the design team. Verdical Group sees value for our clients in completing this scope of work, so if the project budget allows, Monitoring-Based Commissioning is recommended. Commissioning services under this scope of work will be provided in accordance with the requirements of LEED v4 EAc Enhanced Commissioning Option 2: Monitoring-Based Commissioning, and will include the following:

Achieve Enhanced Commissioning (outlined above), AND:
• Develop monitoring-based procedures and identify points to be measured and evaluated to assess performance of energy- and water-consuming systems.
• Include the procedures and measurement points in the commissioning plan. Address the following:
◦ roles and responsibilities
◦ measurement requirements (meters, points, metering systems, data access) ◦ the points to be tracked, with frequency and duration for trend monitoring ◦ the limits of acceptable values for tracked points and metered values (where appropriate, predictive algorithms may be used to compare ideal values with actual values) ◦ the elements used to evaluate performance, including conflict between systems, out-of-sequence operation of systems components, and energy and water usage profiles ◦ an action plan for identifying and correcting operational errors and deficiencies ◦ training to prevent errors
◦ planning for repairs needed to maintain performance
◦ the frequency of analyses in the first year of occupancy (at least quarterly) ◦ planning for repairs needed to maintain performance
◦ the frequency of analyses in the first year of occupancy (at least quarterly) • Update the systems manual with any modifications or new settings, and give the reason for any modifications from the original design.
• Review data on a quarterly basis for the first twelve (12) months of operations and provide quarterly reports.
• This scope is to be performed virtually by providing Verdical Group with trends or access to BMS.

Excludes any additional in-person travel.
verdicalgroup.com | 213.282.7607 | Los Angeles | San Francisco | San Diego | 5 79 ASSUMPTIONS / CLARIFICATIONS
• Project team to provide specification template.
• Verdical Group cannot guarantee performance and achievement of LEED points. • Verdical Group will make all reasonable efforts to adhere to the project schedule, but cannot be held responsible for delays due to third-party review process. • Assumes that others will be responsible for LEED Project Management and LEED Energy Modeling scopes. • Assumes that all three buildings will be constructed simultaneously, allowing for consolidation of meetings and site visits.
• Base scope includes CALGreen Code required commissioning services, as well as LEED Fundamental Commissioning services. LEED Fundamental Commissioning is a prerequisite for LEED and must be performed for any building seeking LEED Certification. For buildings not pursuing LEED certification, LEED Fundamental Equivalency Commissioning will be performed.

EXCLUSIONS
• Excludes any services related to Parking Garage / Building 7. • Services related to the Cafe building. This building is not subject to CALGreen Code Commissioning requirements.
• In-person meetings and virtual meetings beyond those specified. • Site visits beyond those specified.
• LEED, WELL, Living Building Challenge, and Fitwel Registration, Certification, and Onsite Performance Testing & Data Collection fees charged by GBCI, IWBI, ILFI & Fitwel. • LEED, WELL, Fitwel, and Living Building Challenge Feasibility Assessment & Project Management. • Specifying and tracking materials/products.
• CALGreen Project Management services.
• Any testing of equipment must be provided by contractor. • LEED Daylight Modeling.
• Title 24 and LEED Energy Modeling.
• Life-Cycle Assessment.
• LEED Enhanced and Monitoring-Based Commissioning Services. These are add alternate options. • Envelope commissioning or testing (EAc Enhanced Commissioning Option 2: Envelope Commissioning). verdicalgroup.com | 213.282.7607 | Los Angeles | San Francisco | San Diego | 6 80 Fee Proposal

PROFESSIONAL FEES
Proposed hourly rates are to be utilized for minor additional services. Rates are valid through duration of project schedule. Service fees below are inclusive of all reimbursable expenses including travel, mail, and printing.

Verdical Group will invoice monthly on a percent complete basis against the total contract amount.

PROJECT ROLE HOURLY RATE
Principal $230
Director $215
Senior Energy Engineer $200
Senior Project Manager $185
Commissioning Project Manager $175
Project Manager / Energy Analyst / Commissioning Associate $165 Associate Project Manager $150
Administrative Assistant $100

SERVICES FEE
Commissioning (LEED Fundamental + CALGreen Code) $64,850 Add Service for LEED Enhanced Commissioning*
In addition to LEED Fundamental Commissioning fee.
$24,670
Add Service for LEED Monitoring-Based Commissioning*
In addition to LEED Enhanced Commissioning fee. To be performed remotely. Excludes additional travel. $15,410
Total $64,850
*Optional / add alternate services marked with an asterisk are not included in the base scope or fees, and can be pursued at the Client’s discretion by checking the box.

Please see the following page for a breakdown of fees by building.

Price negotiation - while we cannot always meet low bid pricing, we are happy to talk through our services and fees to meet your needs. Please call us to discuss.
verdicalgroup.com | 213.282.7607 | Los Angeles | San Francisco | San Diego | 7 81 Fees by Building
Base Services Total Fee City Hall Library Police Station LEED Fundamental + CALGreen Code Commissioning $64,850.00 $27,500.00 $20,000.00 $17,350.00 Total: $64,850.00
Add Alternate Services Total Fee City Hall Library Police Station LEED Enhanced Commissioning $24,670.00 $9,670.00 $7,800.00 $7,200.00 LEED Monitoring-Based Commissioning $15,410.00 $6,610.00 $4,700.00 $4,100.00 82 About Verdical Group
"Verdical Group offers
excellent value for a
competitive rate, performing
high-quality work on a tight
timeline and budget. Their
attention to detail and
commitment to sustainability
is unparalleled in the green
building consulting space."
– Vaishali Sampat
Director, Sustainability and Corporate Social
Responsibility, Kilroy Realty
We’ve developed a nationally known brand and industry-
leading reputation since our company was founded in
2012.

We are a net positive company, having offset our entire historical carbon footprint dating back to the company’s founding in 2012, plus ten percent. Incorporated as a
Benefit Corporation and a high-scoring B Corporation,
we meet rigorous standards of social and environmental
performance and transparency. As a 1% for the Planet
Member Company, we donate 1% of our annual revenue
to environmental nonprofits. We are proud members of
the U.S. Green Building Council and Amazon’s Climate
Pledge. We do not accept work from companies whose
main source of funding is from fossil fuels.

Whether pursuing a sophisticated sustainability strategy or value-driven energy efficiency retrofit, we match an appropriate team and scope of services with your needs.

LOS ANGELES SAN DIEGO SAN FRANCISCO
LA Cleantech Incubator (LACI)
525 S. Hewitt Street
Los Angeles, CA 90013
Proudly co-located with SILLMAN
7515 Metropolitan Dr, Suite 400
San Diego, CA 92108
Proudly co-located with Pankow
1 Sutter Street, Suite 200
San Francisco, CA 94109

PROJECT MANAGEMENT ENGINEERING SUPPORT STRATEGIC ADVISING • LEED Certification
• WELL Certification
• Fitwel Certification
• Net Zero Consulting
• Living Building Challenge
• Building Commissioning
• Energy Modeling
• Life-Cycle Assessments
• Daylight Modeling
• Materials Transparency
• Utility Incentive Management
• CHPS Consulting
• ESG / Carbon Footprint
Reporting
83 verdicalgroup.com | 213.282.7607 | Los Angeles | San Francisco | San Diego | 10 Our Team
DREW SHULA | FOUNDER & CEO
LEED Fellow, Living Future Hero, LEED AP BD+C, LEED AP ID+C, Assoc. AIA, GGP, ENV SP As Verdical Group’s lead, Drew manages some of the highest-profile green building projects. He has more than 16 years of experience in a wide range of sustainability consulting and project management tasks, from master planning and pre-programming through design, construction administration, and post- occupancy. His demonstrated leadership in sustainability has earned him numerous recognition awards, including the ILFI Living Future Hero Award and USGBC Leadership Award. He holds a 5-year professional degree in Architecture from the University of Notre Dame.

REBECCA RAMSDALE | DIRECTOR OF PROJECTS
LEED AP BD+C, TRUE Advisor, Fitwel Ambassador, ENV SP
Rebecca oversees Verdical Group's full slate of high-performance building projects nationwide. She guides projects through schematic design, criteria documentation, design iterations, the construction process, and closeout to achieve the client's sustainability goals. Her background in the general contracting industry engrained in her an understanding of project schedules and budgets, fieldwork, and the importance of communication and attention to detail. She earned her B.S. in Natural Science and Civil Engineering from Loyola Marymount University.

BOBBY ALMEIDA | DIRECTOR OF COMMISSIONING
PE, CEM, CBCP, LEED AP BD+C, LEED AP O+M
Bobby has 11+ years of experience in mechanical engineering services, commissioning, and project management. He leads our building commissioning projects, conducting CALGreen Code Commissioning, LEED Fundamental Commissioning, and LEED Enhanced Commissioning services across a variety of project types. Bobby’s expertise includes commissioning / retro- commissioning, HVAC systems, controls, energy auditing / analysis, and energy conservation measure (ECM) identification. He holds a B.S. in Mechanical Engineering from the University of Southern California.

WENRUI LUO | COMMISSIONING ASSOCIATE
Wenrui Luo has 4 years of experience with sustainability, commissioning, and engineering services. He supports our Commissioning team, conducting CALGreen Code Commissioning, LEED Fundamental Commissioning, and LEED Enhanced Commissioning services across a variety of project types.

His work helps to verify that projects are designed, constructed, and operating correctly and in an energy efficient manner. Wenrui earned his Bachelor's degree in Building Construction Technology and Management from Purdue University, and his Master's degree in Civil and Environmental Engineering: Risk and Resilience Track, Concentration in Energy from Duke University.

MARIA ESPINOSA | COMMISSIONING ASSOCIATE
LEED AP BD+C
Maria Espinosa has 4 years of experience providing commissioning and engineering services. She conducts CALGreen Code Commissioning, LEED Fundamental Commissioning, and LEED Enhanced Commissioning services across a variety of project types. Her work helps to verify that projects are designed, constructed, and operating correctly and in an energy efficient manner.

Maria has a degree in Sustainable Development Engineering from the Universidad del Valle de Mexico and a Master's degree in Project Management from the European Open Business School.
84 verdicalgroup.com | 213.282.7607 | Los Angeles | San Francisco | San Diego | 11 Project Experience
POLB FIREBOAT 20
LONG BEACH, CA | 2021 - PRESENT | CLIENT: PMCS GROUP / POLB Verdical Group is providing CALGreen Code Commissioning, LEED Fundamental & Enhanced Commissioning, and LEED Support services for the Port of Long Beach 9,800-square-foot fireboat station. We are working with PMCS Group, Inc. to achieve LEED BD+C Gold certification.

METRO CENTER STREET
LOS ANGELES, CA | 2020 - PRESENT | CLIENT: OWEN GROUP / BV Verdical Group is working with Owen Group to provide LEED Project Management, CALGreen Tier 2 Project Management, Commissioning Oversight, LEED Energy Modeling, and Sustainability Consulting services for the Metro Center Street project.

The approximately 30,000-square-foot security operations center, owned by the Los Angeles County Metropolitan Transportation Authority (Metro), is pursuing LEED v3 BD+C Gold Certification.

LAC LA PUENTE ENHANCED ONE-STOP CENTER
LA PUENTE, CA | 2021 - PRESENT | CLIENT: DLS BUILDERS / LAC DPW Verdical Group is working with DLS Builders to provide LEED v4 Project Management, Commissioning (CALGreen Code & LEED Fundamental), and Energy Modeling (Title 24 & LEED) services for LAC La Puente Enhanced One-Stop Center.

The 7,000-square-foot project is targeting LEED BD+C Certification and houses the Department of Public Works, Department of Regional Planning, and the Building & Safety Division.

CAMPBELL HALL
STUDIO CITY, CA | 2022 - PRESENT | CLIENT: CAMPBELL HALL / GENSLER Campbell Hall Athletic, Wellness and Innovation Center encompasses two buildings totaling just over 51,000 square feet of K-12 education space including academic classrooms, music rooms, dance classrooms, all-gender changing rooms, office space, and more. Verdical Group is working with Gensler to provide LEED Fundamental, CALGreen Code, and Building Envelope Commissioning to assist the project in pursuing LEED Gold certification.

LAKE FOREST CIVIC CENTER
LAKE FOREST, CA | 2017 - 2020 | CLIENT: BERNARDS / CITY OF LAKE FOREST Verdical Group provided LEED v3 Project Management, as well as both CALGreen and LEED Fundamental and Enhanced Commissioning, for the City of Lake Forest’s new Civic Center. The 53,265-square-foot project achieved the LEED Silver level of certification under the LEED v2009 BD+C New Construction rating system. The project won a Sustainable Innovation Award in the Water category at the tenth Annual Sustainable Innovation Awards presented at USGBC Los Angeles’ Green Gala on December 9, 2020.

PASADENA CITY COLLEGE ARMEN SARAFIAN BUILDING
PASADENA, CA | 2023 - PRESENT | CLIENT: PACCD
Pasadena Area Community College District (PACCD)’s Armen Sarafian Seismic Replacement Project involves the construction of a new, five-story, 105,000-square- foot science building on Pasadena City College’s campus. Verdical Group is providing Commissioning Engineering Consultancy services to assist the project in meeting CALGreen building code requirements and ensure that the building’s systems perform as they were designed.
85 Who We Are
verdicalgroup.com | 213.282.7607 | Los Angeles | San Francisco | San Diego | 12 
Click to play video in browser

VERDICAL GROUP IS

A LEADING

SUSTAINABILITY

CONSULTING FIRM

FOCUSED ON

DECARBONIZING THE

BUILT ENVIRONMENT

AND INSPIRING A NET
ZERO FUTURE.

LEED AP BD+C
LEED AP O+M
LEED AP ID+C
LEED Green Associate
Professional Engineer

WELL AP
Living Future Accreditation
Fitwel Ambassador
Envision Sustainability Professional
Certified Building Commissioning Professional
Green Globes Professional
Certified Energy Manager
TRUE Zero Waste Advisor
ActiveScore AP
Our Experts By Credential
Who We've Worked With
86 Let's Work Together
This proposal assumes the schedule and scope will remain accurate. If the project goes on hold at any point during the construction schedule, Verdical Group will not invoice during that period until the project restarts, and we may reset the completion date and duration of design and construction activity accordingly. The budget assumes meetings will be conducted via conference call unless otherwise noted above.

If this Agreement forRequired Services is acceptable to you, pleaseenter today's date, then sign below and press submit. The signed and dated proposal will serve as the executed agreement for these services. Optional Services listed in the Professional Fees section above can be pursued at the Client’s discretion and added to this proposal by checking the selection boxes. Thank you again for the opportunity to consult withCity of Eastvale, CA on this project. We look forward to working as part of your team to make this project a success.

SIGNATURE
Jimmy Chung
Date:
87 Standard Contract Terms
• In the event of a significant change to the project schedule, Verdical Group will have the opportunity to renegotiate the project fee. In the event both parties cannot reach an agreement, Verdical Group will have the right to terminate this Agreement and will be paid for services rendered to date. • Balances past due 45 days or more will be charged interest at a rate of 5 percent (%) per month. • Verdical Group will not pay for LEED, WELL, and Fitwel registration or certification review costs. If the Client directs Verdical Group to pay these fees they will be invoiced at cost +15%. • The success or failure of an effort to accomplish LEED, WELL, and Fitwel certification is contingent upon a wide range of factors, including the cooperation of the Customer and project contractors who are not accountable to Verdical Group, such as the owner, the architects, the mechanical engineer, general contractor, and civil engineer.

Verdical Group will use commercially reasonable efforts to provide the Services under this Agreement, but Verdical Group cannot warrant or guarantee in any way the successful certification of the project under the LEED, WELL, and Fitwel certification standard and cannot warrant or guarantee in any way the achievement of a specific level of LEED, WELL, and Fitwel certification.
• The owner or client is aware of and will comply with the LEED Minimum Program Requirements (MPRs) as outlined by Green Business Certification, Inc. (GBCI). Verdical Group will furnish the owner or client a list of the MPRs upon request, or they can be downloaded from the GBCI website. • For preliminary material, equipment, FFE selections/specifications and the General Contractor’s documentation process with all subcontractors, it is our expectation that the Design and Construction team (Architect, Designer, GC) will do a preliminary documentation review to determine gaps for information that is required for LEED. The Design and Construction team will prepare a LEED documentation package to be reviewed by Verdical Group. If the Design and Construction team requires Verdical Group to review all initial project documentation without a preliminary review by the Design and Construction team, an add service fee will apply. • Verdical Group may identify and describe the project in its marketing materials. Upon the request of Verdical Group, the owner or client will provide renderings or images of the project for use by Verdical Group in marketing materials. • Verdical Group may, at its discretion, have installed on the perimeter job-site fence during construction a sign with Verdical Group’s name, logo and a caption reading “Green Building Consultants.” Signage will be provided at Verdical Group’s expense.
• The terms of this proposal are valid for 30 days.

Warranty. For a period of sixty (60) days after Customer's receipt of Verdical Group's Services, Verdical Group warrants that such Services will reasonably conform to the specifications set forth in the Proposal. VERDICAL GROUP'S SOLE OBLIGATION IN THE EVENT OF BREACH OF WARRANTY, AND CUSTOMER’S SOLE

REMEDY, WILL BE FOR VERDICAL GROUP TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT IDENTIFIED NONCONFORMITIES, TO THE EXTENT REASONABLY POSSIBLE. VERDICAL GROUP

DOES NOT WARRANT THAT WORK OR MATERIALS WILL BE ERROR FREE OR THAT ALL ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,

EXPRESS OR IMPLIED, AND VERDICAL GROUP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. • Limitation of Liability. VERDICAL GROUP'S LIABILITY TO CUSTOMER ARISING OUT OF OR RELATING TO

THIS AGREEMENT OR TO SERVICES OR MATERIALS PROVIDED BY VERDICAL GROUP TO CUSTOMER,

UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,

STATUTORY, OR OTHERWISE, SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE

AMOUNT OF FEES PAID BY CUSTOMER TO VERDICAL GROUP FOR THE SERVICES UNDER THIS PROPOSAL. IN NO EVENT WILL VERDICAL GROUP BE LIABLE FOR SPECIAL, INCIDENTAL,

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.6
November
8, 2023
City of Eastvale Crime Statistics - September 2023
Prepared By:

Eva Terekhova, Emergency Management Specialist
Recommended Action(s)
Staﬀ recommends that the City Council receive and ﬁle the Eastvale Crime Sta s
cs for September
2023.

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 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
89 sta
s
cs that were released in the
me that passed since the last mee
ng of the City Council are
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 - September 2023 Eastvale Crime Statistics

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
90 City of Eastvale
Crime Statistics
September 2023

Violent Crime Statistics

VIOLENT CRIMES
ESTIMATED 2023 POPULATION = 69,929

SEP
2023
CRIME
RATE
PER
1000
SEP
2022
CRIME
RATE
PER
1000
AUG
2023
CRIME
RATE
PER
1000
JUL
2023
CRIME

RATE PER
1000
JUN
2023
CRIME

RATE PER
1000

YEAR TO
DATE
2023

YEAR TO
DATE
2022
YEAR
TO
DATE
2021
HOMICIDE 0 0 0 0 0 0 0 0 0 0 0 2 1
RAPE 1 0.01 1 0.01 1 0.01 0 0 0 0 10 6 2
ROBBERY 3 0.04 1 0.01 1 0.01 3 0.04 5 0.07 21 24 23

AGGRAVATED
ASSAULT 2 0.03 7 0.10 9 0.13 12 0.17 12 0.17 60 63 51
ARSON 0 0 0 0 1 0.01 0 0 0 0 3 1 0

TOTAL 6 N/A 9 N/A 12 N/A 15 N/A 17 N/A 94 96 72
YEAR POPULATION TOTAL CALLS FOR SERVICE/FILE #S
2022 69,929 26,411
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
LEGEND
 All data in this report was retrieved from the Riverside Sheriff’s Office (RSO) Data Warehouse Reports system. The figures represented are dynamic and subject to change based on the rate at which information is composed and entered in the Data Warehouse system.
 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: 2023 POPULATION: 69,929 TOTAL YTD: 19,716

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
1,929 2,066 2,349 2,495 2,056 2,100 2,328 2,146 2,247
Non-Violent Crime Statistics

PROPERTY CRIMES
ESTIMATED 2023 POPULATION = 69,929

SEP
2023
CRIME
RATE
PER
1000
SEP
2022
CRIME
RATE
PER
1000
AUG
2023
CRIME
RATE
PER
1000
JUL
2023
CRIME
RATE
PER
1000
JUN
2023
CRIME

RATE PER
1000

YEAR TO
DATE
2023

YEAR TO
DATE
2022

YEAR TO
DATE
2021
BURGLARY 17 0.14 8 0.20 10 0.14 16 0.23 7 0.10 116 146 158 VEHICLE THEFT 24 0.17 14 0.23 12 0.17 14 0.34 23 0.33 166 147 140 LARCENY THEFT 86 1.23 86 1.16 86 1.23 70 1.00 86 1.23 694 940 601 MAIL THEFT 2 0.04 5 0.06 3 0.04 4 0.06 4 0.06 34 33 69
INJURY TCS 4 0.11 17 0.17 8 0.11 5 0.07 11 0.16 78 134 136 FELONY ARREST 15 0.27 22 0.43 19 0.27 18 0.26 22 0.31 162 243 227

MISDEMEANOR
ARREST 15 0.51 38 0.63 36 0.51 24 0.34 27 0.39 256 438 243

TRAFFIC
CITATIONS 176 5.51 308 5.82 385 5.51 412 5.89 261 3.73 3,545 4,451 3,674

TOTAL 559 N/A 498 N/A 559 N/A 573 N/A 498 N/A 5,051 6,532 5,248 91 AGENDA STAFF REPORT

City Council Meeting

CITY COUNCIL BUSINESS

Agenda Item No. 13.1
November
8, 2023
Alloca+on of Funds for the 2024-2025 Community Development Block Grant (CDBG) Funding Cycle
Prepared By:

Samantha Greven, Management Analyst
Recommended Action(s)
Staﬀ recommends that the City Council allocate the enrety of the FY 24/25 Community Development Block Grant (CDBG) allocaon to the County of Riverside Home Enhancement Program (HEP).

Summary
The City of Eastvale’s 2024-2025 Community Development Block Grant (CDBG) allocaon is esmated to be $190,204. The City must ﬁle applicaons with the County of Riverside for the 2024- 2025 program year by December 15, 2023. The City Council can decide to fund City-Administered (Internal) Projects, External Sub-Recipient Projects, or a combination of the two.

The City of Eastvale accepted applicaons for the 2024-2025 CDBG cycle from September 5, 2023 to October 5, 2023. During this me, two applicaons were submi<ed for consideraon by external organizaons. City staﬀ reviewed and evaluated each applicaon for eligibility based on naonal program objecves that have been set by the U.S. Department of Housing and Urban Development (HUD). A?er conducng a thorough applicaon review process, staﬀ has chosen not to recommend either of the external programs for funding.

Staﬀ recommends that the City Council allocate the enrety of FY 24/25 Community Development Block Grant (CDBG) allocation to the County of Riverside Home Enhancement Program (HEP).

Background 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
92 The Community Development Block Grant (CDBG) is a Federally funded block grant program created by Congress in 1974. CDBG grants are awarded to local governments and non-proﬁt sponsors to carry out community development acvies by providing decent housing, a suitable living environment, and opportunies to expand economic opportunies, principally for low- and moderate-income persons.

CDBG funds are allocated by the U.S. Department of Housing and Urban Development (HUD) to state and local governments on a yearly basis with the goal of developing acvies directed toward revitalizing neighborhoods, economic development, and providing improved community facilies and services.

CDBG-funded projects must satisfy one of three national program objectives:
1 .

Provide a benefit to low and moderate income persons;
2 .

Prevent or eliminate slums and blight; or
3 .

Meet other urgent community development needs due to natural disasters or other emergencies.

Examples of eligible activities include:

Public Services - Senior services, disabled and handicapped services, child care services, health services, youth services, and fair housing
Public Improvements - Streets, curbs, gu<ers, sidewalks, streetlights, sewers, storm drains, traffic signals, parks and recreation facilities, health facilities, and fire station improvements Housing Services - Home improvement programs for lower and moderate income households Senior Home Repair (SHR)
Home Rehabilitation Program (HRP)

FUNDING PRIORITIES
On March 22, 2023, the Eastvale City Council established funding priories for the 2024-2025 CDBG Program Year as:
1 .

Americans with Disabilities Act (ADA) Improvements
2 .

Library Services
3 .

Senior Services
4 .

Youth Services
5 .

Home Improvement Services

CDBG FUNDS FOR THE 2024-2025 PROGRAM YEAR
The City of Eastvale is a Cooperang City in the County of Riverside's CDBG program. The County of Riverside Department of Housing and Workforce Soluons (HWS) iniated the 2024-2025 CDBG applicaon cycle and issued its Noce of Funding Availability to the City of Eastvale. The City’s 2024- 2025 CDBG allocaon is esmated to be $190,204. The City must ﬁle applicaons with the County of Riverside for the 2024-2025 program year by December 15, 2023.

The County of Riverside established several minimum thresholds concerning the Cooperang Cies’ CDBG applicaon process. The City of Eastvale accepted applicaons for the 2024-2025 CDBG cycle from September 5, 2023 to October 5, 2023. City staﬀ thoroughly reviewed and evaluated each applicaon for eligibility based on naonal program objecves that have been set by the U.S.

Department of Housing and Urban Development (HUD). The City Council can decide to fund City- 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
93 Administered (Internal) Projects, External Sub-Recipient Projects, or a combination of the two.

Below are the applicaons that were received for consideraon in the 2024-2025 CDBG Applicaon Cycle.

CITY-ADMINISTERED (INTERNAL) PROJECCTS

County of Riverside Housing Enhancement Program (HEP)

Funding Requested
Full FY 24/25 CDBG Funding

Funding Priority Met
Home Improvement Services
Senior Services

National Objective Met
Low-Moderate Income Individuals
Presumed Low-Moderate Income Persons: Seniors, Severely Disabled Adults, etc.

Summary

The Home Enhancement Program (HEP) provides grants to rehabilitate residences within the County of Riverside. As a Cooperang City with the County of Riverside, Eastvale residents are eligible to apply for this program. HEP grants can only be used to assist low-income qualiﬁed homeowners with exterior repairs, which include minor roof repairs, broken windows, exterior paint, fence repair, and other eligible exterior improvements. This program is open to Riverside County residents and grants are awarded on a ﬁrst-come, ﬁrst-served basis. As a result, eligible Eastvale residents may be denied if funding is not available.

Should the City Council choose to allocate funding to this program, the enre allocated amount would be reserved for use by Eastvale residents only. The County of Riverside would manage all aspects of the program. The City would partner with the County to promote the program to eligible Eastvale residents by equipping Eastvale's Community Enhancement and Safety (CES) Oﬃcers with materials to educate individuals they encounter while out in the community.

Risk Factors
No identified risks to the City.

Application
The HEP program is an established County of Riverside program. Due to this the County of Riverside does not require an application to allocate funding to this program.

EXTERNAL SUB-RECIPIENT PROJECTS

Project #1 - YMCA Senior Health and Wellness Program

Non-Profit Organization
Corona-Norco Family YMCA 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
94 Funding Requested
$15,000

Funding Priority Met
Senior Services

National Objective Met
Presumed Low-Moderate Income Persons (Seniors)

Summary

The YMCA project will oﬀer a diabetes prevenon program as well as a membership for senior health and wellness group exercise classes. These programs will be oﬀered to Eastvale's senior populaon at the Eastvale Community Center. The YMCA courses will be facilitated by YMCA representaves and hopes to serve between 55-60 residents. The program will run for 12 months and will provide the Diabetes Prevenon One-Year Program for 26 weeks and Health and Wellness group exercise classes for 50 weeks, three classes a week.

Staff Recommendation
Staﬀ does not recommend this program to the City Council. While the program has good intent, the application lacked key details about the program.

Risk Factors
YMCA will be required to submit regular reporng to the City. If the required reporng documents are not provided to the City, the City will be ineligible for reimbursement by the County of Riverside CDBG Program. As a result, the funding would have to be allocated from the General Fund.

Application
A copy of the full applicaon has not been a<ached to this staﬀ report as it contains conﬁdenal information.

Project #2 - Oral Health Outreach for Low-Income Eastvale Residents

Non-Profit Organization
Pearl Transit Corp.

Funding Requested
$60,000

Funding Priority Met
None
National Objective Met
Limited Clientele
Summary

Pearl Transit Corp. will supply no cost full or paral dentures to low-income persons in Eastvale, including persons experiencing or at risk of homelessness. The company will provide both in-home 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
95 service, as well as street outreach services with the use of a mobile, van based dental screening space. During the project year the company hopes to supply at least 1,400 paral and 1,200 full dentures to low-income and unhoused Eastvale residents, and will serve approximately 2,300 individuals.

Staff Recommendation
Staﬀ does not recommend this program to the City Council. Key details regarding the proposed program's operations were not provided and specific questions were not answered. Staff was unable to verify company details legitimizing specific statements and practices.

Risk Factors
Pearl Transit Corp. will be required to submit regular reporng to the City. If the required reporng documents are not provided to the City, the City will be ineligible for reimbursement by the County of Riverside CDBG Program. As a result, the funding would have to be allocated from the General Fund.

Application
A copy of the full applicaon has not been a<ached to this staﬀ report as it contains conﬁdenal information.

Environmental
Allocang CDBG funding is 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 #: C
| Goal #: J
Leverage grant funding.

Fiscal Impact
The County of Riverside Department of Housing and Workforce Soluons (HWS) has esmated the City of Eastvale’s 2024-2025 Community Development Block Grant (CDBG) allocaon to be $190,204. Budget has not been appropriated for this project year and will not be appropriated unl the City enters into an agreement with Riverside County and the county subsequently issues the city an incur cost letter.

Prior City Council/Commission Action
March 22, 2023 - City Council established funding priories for the 2024-2025 CDBG Program Year as: Americans with Disabilies Act (ADA) Improvements, Library Services, Senior Services, Youth Services, and Home Improvement Services.

October 26, 2022 - City Council chose to reallocate 100% of the CDBG funds from FY 2023-2024 to the FY 2022-2023 CDBG funded project for miscellaneous ADA improvements across the City.

December 8, 2021 - City Council directed staﬀ to prepare and submit an applicaon to the County of Riverside for the 2022-2023 Community Development Block Grant (CDBG) program year. The selected program was for miscellaneous ADA improvements across the City.

December 9, 2020 - City Council directed staﬀ to prepare and submit an applicaon to the County of 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
96 Riverside for the 2021-2022 Community Development Block Grant (CDBG) program year. The selected programs were the Eastvale Library Project and the Eastvale Branding Project.

December 11, 2019 - City Council approved the Job Creaon and Business Incenve Loan Program as the City's 2020-2021 Community Development Block Grant (CDBG) project and authorized the City Manager to submit the County of Riverside CDBG program applicaon for 2020-2021 CDBG Allocation.

Attachment(s)
Attachment 1 - Coop City CDBG NOFA-2024-2025

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COUNTY OF RIVERSIDE

NOTICE OF FUNDING AVAILABILITY
2024-2025 URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

FOR COOPERATING CITIES
I. Program Description:

The County of Riverside has opened the CDBG a pplication period for the FY 2024-2025 Community Development Block Grant (CDBG) cycle for Cooperating Cities and their subrecipients within the County’s Urban County CDBG program.

CDBG is a flexible program that provides communities with resources to address a wide range of unique community development needs. Beginning in 1974, the CDBG program is one of the longest continuously run programs at HUD. The CDBG entitlement program allocates annual grants to larger cities and urban counties to develop viable communities by providing decent housin g, a suitable living environment, and opportunities to expand economic opportunities, principally for low- and moderate-income persons.

The CDBG program is a federally funded program administered through the U.S. Department of Housing and Urban Development (HUD). As an Urban County in the Entitlement CDBG program, the County receives an annual formula allocation of CDBG funds from HUD. HUD determines the amount of each grant by using a formula comprised of several measures of community need, including the e xtent of poverty, population, housing overcrowding, age of housing, and population growth lag in relation to other metropolitan areas.

The program works to ensure decent affordable housing, to provide services to the most vulnerable in our communities, and to create jobs through the expansion and retention of businesses. CDBG is an important tool for helping local governments tackle serious challenges facing their communities. The CDBG program has made a difference in the lives of millions of people and the ir communities across the Nation.

CDBG was authorized under the Housing and Community Development Act of 1974, as amended, and is listed under the Cat alog of Federal Domestic Assi stance (CFDA) as 14.218. Applicable CDBG regulations can be found in 24 CFR Part 570 and 24 CFR Part 91.

CDBG funding has been used by the County, its cooperating cities, and other subrecipients for a wide variety of community, economic, and social development activities. Activities include public facilities such as fire stations, parks, community centers, senior centers, homeless shelters, health clinic s, water and sewer improvements, and street and sidewalk improvements. CDBG also provides public service activities such as childcare, health care, after-school, programs, senior programs, food and clothing distribution, job training, recreation, and many more.

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All activities funded with the County’s CDBG funds must:

1. serve persons or communities within the County’s Urban County area;

2. be an eligible activity under CDBG regulations (24 CFR Part 570.201); and

3. meet a National Objective of the CDBG program (24 CFR Part 570.208).

Most activities meet a National Objective by benefitting low-income persons or low-income communities.

The County’s Urban County CDBG Program includes all of the unincorporated areas of Riverside County as well as the cooperating cities of Banning, Beaumont, Blythe, Calimesa, Canyon Lake, Coachella, Desert Hot Springs, Eastvale, La Quinta , Norco, Rancho Mirage, San Jacinto, and Wildomar. The cities of Lake Elsinore and Murrieta participate in the County’s Urban County program as a Metro City. For the purpose of this NOFA, Lake Elsinore and Murrieta are Cooperating Cities.

CDBG Award Information:

Subject to Federal appropriations, the County anticipates receiving approximately $ 7,500,000 in CDBG funds for the FY 2024-2025 program. The amount of CDBG funding to be allocated to the Cooperating Cities is expected to be approximately $2, 400,000. The actual amount of the County’s allocation is determined by final funding appropriations from Congress and HUD’s CDBG allocation formula. Funds from this 2024-2025 CDBG application cycle will be available to the Cooperating Cities and their subrecipients no earlier than July 1, 2024.

Depending upon the type of activity to be funded, a successful cooperating cities subrecipient will have approximately ten (10) months to complete, expend, and drawdown their CDBG award for a public service activity, and approximately eighteen (18) months for a public facility or other CDBG activities.

All CDBG awards made by the County to the cooperating cities will be i n the form of a grant . The cooperating cities must execute a Supplemental Agreement with the County each CDBG program year.

Non-city subrecipients (non-profits, special districts, etc.) receiving CDBG funds from a c ooperating city will be required to enter into a County -approved subrecipient agreement with the awarding city. A subrecipient template can be requested from HWS.

II. Eligibility Information:

Eligible Applicants:

The County of Riverside will only accept CDBG applications from the cooperating cities listed above. The cooperating cities may award their CDBG funds to the following entities and organizations:

1. City Departments or Agencies;

2. Non-Profit organizations subject to 26 U.S.C. 501 (c)(3) of the tax code; and

3. Governmental agencies including the County, other Cities, Special Districts, and Tribes. *Individuals cannot apply for County CDBG funding.
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Non-profit organizations will be required to submit documentation as part of their cooperating city CDBG application including incorporation, bylaws, board of directors, and tax-exempt status.

Cost Sharing and Leveraging:

The cooperating cities and their subrecipient applicants are encouraged to utilize the greatest amount of leveraging possible to improve the competitiveness of their proposals. This matching contribution, referred to as “leveraging”, can include other Federal, State, local, or private funding; donations; “in-kind” contributions; and volunteer hours. Leveraging used to match previous CDBG grants cannot be used.

However, for the construction or rehabilitation of public facilities, the County may reject proposals where CDBG funding comprises less than 35% of the total project cost due to costs associated with compliance with CDBG and other Federal regulations.

Real Property Acquisition – Displacement of Tenants:

In order to comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, applicants considering the submittal of a CDBG application for real property acquisition and/or the displacement of tenants must contact HWS prior to the submittal of any application.

Compliance with Laws and Regulations
The successful applicants will be required to comply with all applicable federal, state, and local laws, regulations, and ordinances. Pursuant to an executed subrecipient agreement, the applicant will certify that it will adhere to and comply with the laws and regulations found in Attachment 1 as they may be applicable to a subrecipient of funds granted pursuant to the Housing and Community Development Act of 1974, as amended.

In addition, all CDBG-funded projects using CDBG for facility construction, renovation, or improvements will be considered as “Public Works,” and therefore, subject to applicable State of Cali fornia Department of Industrial Relations requirements.

III. Application and Submission Information
Application Cycle for the 2024-2025 Program Year
The County will begin accepting applications from the cooperating cities and cities subrecipients for the 2024-2025 CDBG cycle starting August 18, 20 23. A copy of the County -approved CDBG application is attached to this NOFA. An electronic WORD version of the CDBG application is available upon request.

ALL APPLICATIONS from the cooperating cities must be submitted using the County approved , paper application. The County is not using the Fillable Applications for the cooperating city CDBG program. All CDBG applications from the cooperating cities must be submitted to HWS no later than 5:00 PM PST on Friday, December 15, 2023. You must submit two (2) copies of each application, one original and one copy.

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4 | P a g e

Questions, Technical Assistance, and Applications

For information or questions regarding the County’s CDBG program, the 2024 -2025 CDBG application cycle, or for questions or assistance with the application, please contact Susana Orozco at [email protected] or 951-955-5933 or Nicholas Fonosch at [email protected] or 951.955.5936.

Individuals with hearing or speech disabilities may contact the CDBG program s taff by utilizing the California Relay Service (711).

Application Instructions and Organization of Summitted Documents Cooperating cities and cities subrecipients must submit two (2) original hard copies of the application and documents (e.g., bylaws, authorizations, backup information, etc.) necessary to apply, along with a USB flash drive with the required backup for evaluation of application documents. County HWS will not accept submissions of application documents by email or over the Internet.

When compiling the flash drive please organize the folders, accordingly, please refer to the visual guide (below):

The CDBG application to be used by a Cooperating City and cities subrecipients for each activity consists of nine (9) primary sections:

1. General Information

2. Organizational History and Documents (applicable only for non-profit organizations)

3. Project Activity

4. Project Narrative

5. Project Benefit

6. National Objective Compliance

7. Financial Information (Budget Leveraging/Commitment)

8. Management Capacity

9. Application Certification and Authorization

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5 | P a g e

The cooperating cities and subrecipients are limited to the space available for each required response in the application. Cooperating cities and subrecipients may attach additional supporting documentation, including third-party verifications, and other information if desired.

Please Note: The cooperating city applications must be accompanied by a minute order, resolution, or other official authorization to submit the application.

Additional Information:

The cooperating cities and/or their subrecipients may be required to submit additional documentation to the County, prior to the receipt of their CDBG grant award. This documentation may include evidence or documentation related to:

Liability Insurance Workmen’s Compensation Insurance
Flood Insurance Other documentation for NEPA and CEQA environmental reviews 501 (c)(3) Status Incorporation Documents

Pursuant to Federal regulations, all cooperating cities and their subrecipients submitting applications for CDBG funds must comply with the following requirements prior to submitting their CDBG application to the County for the 2024-2025 program year:

1. Be registered in the System for Award Management (SAM) www.sam.gov system;

2. Provide a valid UEI number in the application; and

3. Must maintain an active SAM registration, with current information, during the performance period of the CDBG grant.

The County and the Cooperating Cities will not make any CDBG grant awards to any organization or government entity that fails to comply with the SAM and UEI requirements.

System for Award Management (SAM):

The System for Award Management (SAM) is combining Federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. This consolidation is b eing done in phases. The first phase of SAM includes the functionality of the following systems:

1. Central Contractor Registry (CCR)

2. Federal Agency Registry

3. Excluded Parties List (EPLS)

4. Online Representations and Certifications Application

How does SAM ben efit organizations? The overarching benefits of SAM include streamlined and integrated processes, elimination of data redundancies, and reduced costs while providing improved capability.

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Unique Entity Identifier (UEI):

The Federal government requires all applicants for Federal grants to have a UEI number. The Federal government uses the UEI number to better identify related organizations that are receiving funding under Federal grants and to provide consistent name and address data for electronic grant application systems.

If you do not already have a UEI number, visit www.SAM.gov (https://sam.gov/content/entity- registration)
Intergovernmental Review
Applications submitted under the County’s Urban County CDBG program are not subject to intergovernmental review pursuant to Executive Order 12372.

Application Submission Due Date and Time
ALL applications MUST be completely submitted no later than 5:00 PM (PST) on Friday, December 15, 2023.

All applications must be delivered to the County by either method listed below:

1. Postmarked no later than Friday, December 15, 2023, and addressed to:

Riverside County HWS
ATTN: CDBG Program
P.O. Box 1528
Riverside, CA 92502

2. Delivered to the County, no later than Friday, December 15, 2023, 5:00 PM (PST) at the following address:

Riverside County HWS
ATTN: CDBG Program
3403 10th. St. Suite 300
Riverside, CA 92501

CDBG applications for the 2024-2025 program year that are received after the deadline date and time will not be accepted.

Cooperating Cities submitting their applications in person or through a third-party courier can request a receipt at the time of delivery.

Other Submission Requirements
Applicants can request CDBG funding from the County and the Cooperating Cities for any eligible CDBG activity listed under 24 CFR Part 570.201-570.204 including real property acquisition, code enforcement, construction, and other activities.

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APPLICATION REVIEW INFORMATION
The County of Riverside uses a Priority Evaluation and Project Rating System for all CDBG proposals. As part of the review and evaluation process, EDA staff will review and evaluate all proposals utilizing the following checklist:

I. ACTIVITY EVALUATION:

Does the activity address an established need? (Identified in the 2019-2024 Consolidated Plan):

Is the proposed activity eligible (24 CFR 570.201) under the CDBG program? Does the proposed activity meet one of the three broad National Objectives? • Principally benefit low and moderate-income persons;
• Prevents or eliminates slum and blight; or
• Addresses an urgent need or problem in the community.

Has the applicant provided sufficient explanation concerning their ability to adequately and accurately document the benefit to low- and moderate-income persons? Can the project be implemented and completed within a reasonable amount of time (Public Service activities 1 year / all other activities 2 years maximum)? Has the applicant identified all the major tasks or components that will be required in carrying out the activity? Are there any potential issues or concerns? Has the applicant provided a reasonable estimate of the resources necessary for each component of the project, and has it developed a realistic budget that reflects these resources? Are other sources of funds (leveraging) committed to this project? Is the proposed budget for the CDBG -funded activity separate from other activities undertaken by the applicant?
II. APPLICANT (ORGANIZATIONAL) EVALUATION
Has the applicant ever undertaken the proposed activity before? What were the results? Does the applicant have experience with CDBG or other Federal programs? Has the applicant conducted a Single Audit (formerly OMB Circular A-133) within the last two years? Do the applicant and prospective staff understand the additional re quirements associated with Federal funding?
Does the applicant have qualified staff for all the necessary functions associated with the proposed activity? Is there adequate staff time available? Does the applicant possess adequate administrative structures, management systems, and policies and procedures? 104
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Does the applicant possess adequate financial stability? Will the applicant be overly dependent upon CDBG funding?
III. ELIGIBLE ACTIVITIES
The cooperating cities and their prospective subrecipients should refer to HUD regulations found in 24 CFR Sections 570.201-204 regarding eligible uses of CDBG funding.

V. APPLICATION RATING CRITERION
Each complete CDBG application is rated by CDBG program staff to determine if the proposal meets the minimum score rating. The County uses a 100 -point rating system with six (6) rating criteria with a minimum rating score of at least 50 points. The rating criteria are:
• Quality of Project Activity (23 points)
• Quality of Project Narrative/ Proposal elements (27 points for public service/ 25 points for public facility proposals)
• Explanation of Project Benefit/National Objective (16 points) • Proposed Budget (18 points for public service/ 20 for public facility proposals • Management Capacity (14 points)
• Overall Project Eligibility and Past Performance Indicators (2 points) There are three (3) threshold sub-criteria that all applications must receive at least five (5) points each, or the proposal will not be funded:

Does the proposed program/project comply with the overall regulations, goals, and objectives of the CDBG program? The application describes how the identified need relates to the objectives of the CDBG program.

Does the proposed activity address a priority community development need as identified in the Five-Year Consolidated Plan?
Does the organization have the demonstrated capacity to successfully implement and complete the proposed activity in a timely manner?
VI. APPLICATION REVIEW AND SELECTION PROCESS
The Cooperating Cities establish their own application process and make th eir own CDBG funding decisions – all cooperating city applications are subject to HWS review and Board of Supervisor approval.

VII. ANTICIPATED ANNOUNCEMENT, AWARD DATE, AND NOTICE
The Board of Supervisors for the County of Riverside will make all final CDBG funding decisions for the County’s 2024-2025 CDBG allocation. This is anticipated to occur in June or July of 2024 during a regular meeting of the Board of Supervisors when the B oard approves the 2024-2025 One-Year Action Plan and 2024-2029 Five-Year Consolidated Plan.
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After the approval date, the cooperating cities will be notified by mail of the Board's funding decisions.

The One Year Action Plan is then submitted to the U.S. Department of Housing and Urban Development (HUD) for review and approval.

The letter will clearly indicate the amount of their award, and that this is not a notification to proceed or to incur costs. The letter will inform the cooperating city that a supplemental agreement will be prepared and forwarded in the near future with further instructions.

VIII. POST AWARD REPORTING REQUIREMENTS
To ensure compliance with the CDBG program National Objective requirements, all cooperating cities and their subrecipients will be required to comply with the applicable CDBG reporting requirements. The type, amount, frequency, format (paper or electronic), and detail of the reporting requirements depends upon the specific use of the CDBG funds and corresponding National Objective. All specific reporting requirements will be stated in the supplemental agreement.

POINTS OF CONTACT
For information about the CDBG program or the 2024-2025 application cycle, please contact the following:

Nicholas Fonosch, Office Assistant Susana Orozco, Principal Program Manager 3403 10th St. Suite 300 3403 10th St. Suite 300
Riverside, CA 92501 Riverside, CA 92501
(951) 955-5936 (951) 955-5933
[email protected] [email protected]

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PREPARATION OF THE COUNTY OF RIVERSIDE’S
2024-2029 FIVE YEAR CONSOLIDATED PLAN

The County of Riverside has initiated the preparation of the County’s next Five -Year Consolidated Plan.

The 2024-2029 Consolidated Plan is designed to assist the County, its cooperating cities, residents, and service providers assess affordable housing and community development needs and to make data-driven, place-based investment decisions.

The consolidated planning process serves as the framework for a community -wide dialogue to identify housing and community development priorities that align and focus funding from the HUD’s CPD formula block grant programs including the: Community Development Block Grant (CDBG) Program , HOME Investment Partnerships (HOME) Program, and Emergency Solutions Grants (ESG) Program.

The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan.

The 2024-2025 Action Plan will be the first Action Plan of the 2024 -2029 Consolidated Plan. Grantees report on accomplishments and progress toward Consolidated Plan goals in the Consolidated Annual Performance and Evaluation Report (CAPER).

A primary component of the Consolidated Plan process is a comprehensive community needs assessment survey. All interested persons, organizations, and agencies are encouraged to complete the online 2024-2029 Consolidated Plan Survey. The survey is available in English or Spanish and can be accessed at:

ENGLISH:
https://forms.office.com/g/9ZdR5Av3TD

SPANISH:
https://forms.office.com/g/ZGnpyVXazU

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ATTACHMENT I
Additional Federal Requirements
Whereas, the work under this Agreement is subject to applicable Federal, State, and local laws and regulations, including but not limited to the regulations pertaining to the Community Development Block Grant (24 CFR Part 570) and the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200). All contractors, sub -contractors, consultants, and sub - consultants agree to comply with, and are subject to, the following Federal requirements (if applicable):

1. Equal Employment Opportunity - Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). The Contractor/Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor/Consultant will ensure that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor/Consultant will take affirmative action to ensure that applicants are employed and the employees are treated during employment, without regard to their race color, religion, sex, or national origin. Such actions shall include, but are not limited to, the following: employment, up -grading, demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor/Consultant agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this non-discriminating clause.

2. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c: All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland “Anti -Kickback” Act (18 U.S.C. 874), as s upplemented by Department of Labor regulations (29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD.

3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a -7: When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance wit h the Davis -Bacon Act (40 U.S.C. 276a to a -7) and as supplemented by Department of Labor regulations (29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”). Under this Act, contractors s hall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recip ient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspe cted or reported violations to HUD.
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4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333: Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts t hat involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compe nsated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

5. Rights to Inventions Made Under a Contract or Agreement — Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.

6. Rights to Data and Copyrights – Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.4, Federal Acquisition Regulations (FAR).

7. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or r egulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA).

8. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds t o pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to-tier-up to the recipient.

9. Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Non - procurement Programs in accordance with E.O.s 12549 and 12689 , “Debarment and Suspension,” as set forth at 24 CFR Part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 109
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12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.

10. Drug-Free Workplace Requirements —The Drug -Free Workplace Act of 1988 (42 U.S .C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug -free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR Part 24, subpart F.

11. Access to Records and Records Retention: The Consultant or Contractor, and any sub-consultants or sub-contractors, shall allow all duly authorized Federal, Sta te, and/or County officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Consultant or Contractor, and any sub -consultants or sub-contractors, that are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. The Consultant or Contractor, and any sub-consultants or sub-contractors, further agree to maintain and keep such books, documents, materials, papers, and recor ds, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.

12. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.

13. Energy Efficiency: Mandatory standards and policies relating to energy effi ciency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).

14. Procurement of Recovered Materials (2 CFR 200.322.) A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of t he item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

15. The Housing and Community Development Act of 1974, as amended, and the regulations issued thereto;

16. Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107;
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17. Section 504 of the Rehabilitation Act of 1973 (PL 93 -112), as amended, and implementing regulations;

18. The Age Discrimination Act of 1975 (PL 94-135), as amended, and implementing regulations;

19. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42;

20. The labor standard requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements;

21. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution;

22. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93-234);

23. Title VI of the Civil Rights Act of 1964 (PL 88-352) and implementing regulations issued at 24 CFR Part 1;

24. Title VIII of the Civil Rights Act of 1968 (PL 90-284) as amended;

25. The lead-based paint requirements of 24 CFR Part 35 issued pursuant to the Lead -based Paint Poisoning Prevention Act (42 USC 4801, et seq.).

25. The lead-based paint requirements of 24 CFR Pa rt 35 issued pursuant to the Lead -based Paint Poisoning Prevention Act (42 USC 4801, et seq.);

26. The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), Public Law 111-22, Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.), and the Housing and Community Development Act of 1974, as amended, and the regulations issued thereto;

27. Executive Orders 11625, 12432 and 12138. Consistent with HUD's responsibilities under these Orders, the SUBRECIP IENT must make efforts to encourage the use of minority and women's business enterprises in connection with ESG activities;

28. SUBRECIPIENT shall establish and maintain a procedure through which homeless individuals will be informed that use of the facilities and services is available to all on a nondiscriminatory basis;

29. SUBRECIPIENT agrees to abide by and include in any subcontracts to perform work under this Agreement, the following clause:
"During the performance of this Agreement SUBRECIPIENT and i ts subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. SUBRECIPIENT and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. SUBRECIPIENT and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Govern ment Code, Section 12900 et seq.). The 111
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applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full. SUBRECIPIENT and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement."; and

30. During the term of this Agreement, SUBRECIPIENT and its subcontractors, if any, shall not deny the benefits rendered hereunder to any person on the basis of religion, color, ethnic group identification, sex, age, or physical or mental disability.

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AGENDA STAFF REPORT

City Council Meeting

CITY COUNCIL BUSINESS

Agenda Item No. 13.2
November
8, 2023
Interim Financial Report - Fiscal Year 2022-23, Quarter 4 Prepared By:

Amanda Wells, Finance Director/City Treasurer
Recommended Action(s)
Staﬀ recommends that the City Council Receive and ﬁle the Interim Financial Report for Fiscal Year 2022-23, Quarter 4 ending June 30, 2023.

Summary
The goal of the Fiscal Year 2022-23 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.

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 fourth quarter (4) of ﬁscal year 2022-23 ending June 30, 2023. The ﬁgures in the a:ached reports represent the unaudited ﬁnancials as of October 17, 2022. The period ending June 30, 2023 includes the 2022-232 Mid-Year adjustments and over 99% of the accoun,ng entries 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
113
required to close the ﬁscal year in prepara,on for the annual audit. However, it is important to note that the ﬁgures contained within the report do not reﬂect audited ﬁnancials, and ﬁgures may be adjusted in accordance with audit standards. The General Fund is expected to complete the ﬁscal year with a $31.1 million budget surplus and a total of $127.2 million in available fund balance.

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

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 four of ﬁscal year 2022-23 does not cause a ﬁscal impact to the city.

No action regarding revenue or expenditure budget is requested of the City Council at this time.

Prior City Council/Commission Action
In prepara,on for the adop,on of the Fiscal-Year 2022-23 Annual Opera,ng Budget staﬀ followed the budget ,meline as presented at the December 14, 2021 council mee,ng. City Council was also presented with a budget goal seIng session and workshop conducted on March 23, 2022. On June 8, 2022 the draK budget was presented to Council as a budget study session, no changes were made to the proposed budget. On June 22, 2022 the City Council unanimously adopted the budget. On January 11, 2023 the City Council received and ﬁled the ﬁrst quarter interim report for ﬁscal year 2022-23. The mid-year budget was unanimously approved on February 22, 2023. On April 12, 2023 the City Council received and ﬁled the second quarter interim report for ﬁscal year 2022-23. On July 26, 2023 the City Council received and filed the third quarter interim report for fiscal year 2022-23.

Attachment(s)
Attachment 1 - Interim Financial Report - FY 2022-23 Quarter 4

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
114
KINDNESS. GRIT. SOLUTIONS-DRIVEN.

FISCAL YEAR 2022-2023

INTERIM FINANCIAL REPORT
QUARTER FOUR | 12 MONTHS

CITY OF

EASTVALE

CALIFORNIA
115
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months, 99% Reported

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

REPORT OVERVIEW
On June 22, 2022, the City Council adopted the Fiscal Year 2022-23 budget. The interim ﬁnancial report is prepared by the Finance Department and contains informa�on related to the ﬁscal year 2022-23 budget and actual ac�vity for revenues and expenditures for the 12-month period ending June 30, 2023. The ﬁgures contained in this report are audited for ﬁscal years 2020- 21, 2021-22, and unaudited for the 2022 -23 ﬁscal year. The informa�on in this report reﬂects budget amendments approved by the City Council throughout the year.

QUARTER 4 HIGHLIGHTS: Key changes impacting the city during the fourth quarter of fiscal year 2022-23 Prior Fiscal Year Notes: The city ended the prior ﬁscal year with a budget surplus of $34.2 million. The surplus is due to several factors . The overwhelming majority of the surplus is due to an increase 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 generated a budget surplus due to normal annual budget savings through the Riverside Sheriﬀ Oﬃce contract and the City’s use of American Rescue Plan Act grant funds for law enforcement contract costs.

Ending the Fiscal Year: The city will likely ﬁnish the year with an approximate $ 31.1 million in budget surplus in the General Fund. These funds have already been commited by the City Council during the ﬁscal year 2022 -23 budget process for the City’s Civic Center project. Similarly, the Fire Fund will complete the year with a $2.4 million budget surplus and these funds will likely be set aside in the Third Fire Sta�on reserve.

Fund Balance: The city is projected to complete the year with a grand total of $118.1 million in fund balance in the General Fund. Per City Council adopted policy, a litle over $15.3 million is set aside as an assigned emergency reserve for opera�ons. A total of $92.5 million has been commited by the City Council for the Civic Center project and other capital reserves; a t ot a l of $ 8. 0 m i l l i on has been appropriated from reserves to begin design of the facili�es . The es�mated remaining $4.1 million of unassigned fund balance is available to cover nega�ve fund balances in other governmental funds. The Fire Fund is projected to ﬁnish the ﬁscal year with $14.5 million in fund balance. An assigned emergency reserve of $5.8 million is set aside for opera�ons, an addi�onal $8.0 million is commited for the future third ﬁre sta�on, and $400,000 is commited as an equipment replacement reserve. Th e remaining $316,408 is considered unassigned fund balance , however the amount is restricted by Riverside County through the city’s neutrality agreement for ﬁre services provision only.

Sales Tax Monitoring: The Finance department con�nues to monitor revenues closely, par�cularly sales tax. A true- up payment applicable to quarter two ending December 31, 2020, has not yet been received. HdL originally believed the true up would be received in the 2021-22 ﬁscal year, however the California Department of Tax and Fee Administra�on has not reallocated the payment . The true-up is es�mated at $8.0 million and remains unbudgeted due to the unknown �ming of the payment. More detail regarding sales tax is available in the atachments “General Fund Opera�ng Summary” and “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, 2021-22 and exceeded the limit for 2022-

23. The summary report details the city’s limit and revenues subject to appropria�ons and provides trend data for the last three ﬁscal years. The city will con�nue to address the appropria�ons limit implica�ons during the budget and mid-year processes. The City Council commited funds that exceeded the limit towards capital outlay.

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
Other Funds Revenue and Expenditure Summary
City-Wide Fund Balances
Assigned Reserve, Con�ngency Calcula�on
Appropria�ons Limit Summary
Sales Tax Quarterly Summary
116
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months, 99% Reported

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 3 Accounting Methods
The ﬁgures presented in this execu�ve summary and the atached reports reﬂect general ledger balances as of June 30 , 2023. Approximately 99% of the year has been reported. The city u�lizes an accrual basis of accoun�ng for all governmental funds, as required by Generally Accepted Accoun�ng Standards (GAAP). To comply with GAAP, staﬀ accrues revenues received and expenditures occurring in the months of July and August back to the month of June . This accrual matches the transac�on to the period in which revenue was earned or the expenditure occurred. Although June 30, 2023, has passed the City’s ﬁnancials have not yet been audited and ﬁnalized. The ﬁgures in this report represent audited ﬁgures through June 30, 2022, and the Finance Department’s best es�mate of revenues and expenditures for June 30, 2023, 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 police 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 expenditure
appropria�ons shall not exceed the total of
es�mated revenues . In the adopted ﬁscal year
2022-23 budget, total General Fund revenue
appropria�ons were expected to exceed
expenditures and the fund was expected to
complete the ﬁscal year with a $25.6 million
surplus, inclusive of both the opera�ng and non -
opera�ng budget. Since the budget was adopted
several expenditure and revenue budget
appropria�ons were approved by the City Council;
these appropria�ons decreased the budget
surplus to $ 21.9 million. To date the General
Fund’s actual surplus is $31.1 million. This report will detail the changes between the amended budget and actuals. Details regarding the city’s opera�ng statement can be found on page seven and in the Atachment “General Fund Opera�ng Summary.”
Net Revenue/Change in Fund Balance - The General Fund will complete the ﬁscal year with a $31.1 million in net revenue, also called a budget surplus (revenue minus expenditures), for the ﬁscal year 2022-23 as a result of revenues exceeding budget and expenditures comple�ng the year under budget . The majority of these funds have been allocated towards capital infrastructure reserves ; these reserves were iden�ﬁed during the 2022-23 budget process and adopted by City Council via resolu�on.

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 Overview
12-Months Ended June 30 , 2023
General Fund
Overview
Amended
Budget
Actual
Ac�vity
%
Revenues 64,729,435 69,000,918 107%
Expenditures 42,733,769 37,866,236 89%
Surplus (Deﬁcit) 21,995,666 31,134,682
0 10
20 30
40 50
60 70
80 2020-21 Actuals 2021-22 Actuals 2022-23 Budget 2022-23 Actuals Millions
Year-by-Year Revenue and Expenditures
Revenue
Expenditure
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Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months, 99% Reported

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

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 monthly es�mated sales tax advance installments 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 large por�on of property tax revenues are received in the later half of the ﬁscal year.

Franchise fees are received quarterly, a�er the quarter ends.

Overall, General Fund revenues stand at 107% of budget for a total of $69,000,918. One known item not reﬂected in this report is a property tax teeter payment from Riverside County that staﬀ es�mates is approximately $100,000. This will be reﬂected in the city’s ﬁnancial statements.

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 . Sales tax is the city’s largest revenue source and for monitoring purposes staﬀ created an Atachment to this report �tled “Sales Tax
Summary.” Budget currently stands at $44.0 million.

Actual sales tax receipts exceeded budget expecta�ons
by 8% or $3.4 million ; sales tax revenues total
$47,356,371 for the ﬁscal year. Compared to the prior
year, sales tax revenues increased by $2.6 million. The city also experienced the largest ﬁrst, second, and fourth quarter totals as compared to prior years, while the third holiday quarter was the smallest since the 2019-20 ﬁscal year. Third quarter is tradi�onally the lowest quarter of the year, as consumer spending decreases a�er the
holiday season and receipts matched this trend; quarter 3 sales tax rev enues totaled $10,1736,170, $662,921 less than the prior ﬁscal year. Compared to the prior year, the third quarter saw dips in almost all categories, including business and industry, building and construc�on, fuel sta�ons, and as a result of dipping sales tax revenues the city’s pool alloca�on also dipped. However, fourth quarter revenues were the highest ever, for a total of $12,419,799, which is $1,372,468 higher than the previous year. Staﬀ believes the largest ﬂuctua�ons are due to one sole business within the city, and will likely con�nue to lend to inconsistent sales tax revenues in the future.

Another note to the city’s largest category of revenue, 95% of the city’s sales tax revenues is generated from the top 25 sales tax producing businesses in the city. This is important because a small number of businesses make up the bulk of the city’s sales tax revenues. If any one business no longer operates within the city’s boundaries, the eﬀect to the city’s sales tax revenues will be substan�al.

Property Tax – Property tax revenues are based solely on the valua�on of property, both secured and unsecured, within the city. Secured property includes land and buildings; unsecured property includes equipment and machinery. Property tax revenues are typically received in the second half of the ﬁscal year. Actual revenues are $4.0 million or 111% of budget.

Staﬀ believes this increase is due to several industrial buildings entering the tax roll for the second por�on of the ﬁscal year that were not an�cipated during the budge�ng process.

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 came in higher than expected 108% of budget, totaling $6,556,660. 118
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months, 99% Reported

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 5 This was the ﬁrst year that franchise fees increased for refuse, and the budget es�mates were lower than actuals. Three of the four categories of franchise fees materialized higher than budget, including electric, refuse, and natural gas.

Addi�onally, recurring franchise fees usually hover around $2.0 million, however the city received the ﬁnal one-�me Waste Management waste hauler reten�on payment of $4.0 million in July 2022. These funds have been commited by the City Council towards the Police Sta�on Construc�on reserve.

Licenses, Fees, and Permits – Unlike tax revenues, this category of revenue is received on a daily basis at the city’s front counter and is comprised of construc�on, planning, building permits and fees, and business registra�on. Overall, this category is at $2.3 million or 94% of budget. Contracted services and employee wages drive the fees charged to private developers for engineering, planning, and building fees. Although the category performed below budget as a whole, within the category, speciﬁc divisions and types of fees performed diﬀerently during the year. Legal developer fees are trending below budget at 48%. Similar to legal, planning and engineering developer fees are performing below trend; actuals are at 55% and 75% respec�vely. Staﬀ expected more phase one permit submitals for the New Homes development at Limonite and Hamner that did not materialize. Building developer fees appear higher than trend; actuals are at 126% of budget, likely due to an increase in ﬁxed fee permits. Passport services exceeded budget projec�ons at 150%; passport service demand increased signiﬁcantly during the pandemic and has con�nued at or above the pre-pandemic levels. As a result of the increase, the 2023-24 ﬁscal year budget includes expanded passport services. Business registra�on fees are also higher than expected at 161% of budget; likely a result of businesses con�nuing to recover from the pandemic.

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 four. Actual revenues came in slightly higher than budget at $5,901,581 or 103% of budget.

Use of Money and Property – This category is populated investment income. Budget was increased at Mid-Year to $1.5 million and actuals are $ 1.51 million, or 101% of budget. The city’s por�olio con�nues to generate investment returns that exceed budgeted trends.

Transfers In – This category stands at $298,240. The category consists of transfers -in to the General Fund from other funds. Transfers include the $293,075 for the city’s cost alloca�on plan (CAP). The CAP is an administra�ve charge to other funds to help fund the cost of General Fund internal services such as informa�on technology, ﬁnance, and human resources. Transfers will be ﬁnalized before interim audit begins in June.

Overall, General Fund revenues are $69,000,918 or 107% of budget, primarily due to a large increase in sales tax revenues.

119
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months, 99% Reported

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

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, including 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 $13,670,194 or 32% of budget.

Detail of Specific Expenditure Categories
Contract Services – This category is the largest expenditure category and includes contracted services for law enforcement, building and safety, planning, and public works. Currently, actual expenditures for the total contract category are $15.4 million or 93% of budget; total budget for this category is $16.6 million. The largest expenditure within this category is the Law Enforcement contract with Riverside County Sheriﬀ ; budget for law enforcement totals $ 13.0 million and actual expenditures totaled $12.6 million. The City Council has con�nually increased law enforcement services annually over the past several years. As a result, contract costs for law enforcement services have not remained consistent, which causes some diﬃcul�es in trending annual costs, which o�en leads to a budget surplus. $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.
120
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months, 99% Reported

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 7 Other major contracts in this category are animal control, crossing guards, legal services, and support services for all major departments.

Personnel – The personnel category contains the salary and beneﬁt costs for city employees. This category
generated actual expenditures at $6.1 million or 77% of budget. Staﬀ expects to see savings in this category due to new posi�ons remaining vacant during recruitment for all or por�ons of the year, including three building
inspector posi�ons that remained vacant for the en�re
prior ﬁscal year, a support posi�on in Community
Development, an analyst posi�on in Human Resources
and several posi�ons in Community Safety, Engineering, and Finance . The savings speciﬁc to the Community
Safety, Community Development , and Engineering
Departments will be u�lized to oﬀset contract services in those departments due to the need to contract for
services while the posi�ons remained vacant.

Opera�ons – Opera�ons is a broad category including supplies, adver�sing, travel, training, u�li�es, postage, and janitorial. Actual expenditures in this category are $ 1.9 million or 42% of budget. A majority of the savings is due to a Government Accoun�ng Standards Board (GASB) required accoun�ng entry totaling $2.1 million from both a prior year reversal and current year entry that recognizes the diﬀerence in the book and market value of investments, known as unrealized gain or loss. Net of the entry, opera�ons stand at $ 3.2 million or 71% of budget. The second reason was an overall reduc�on in assumed travel and training costs for employees, caused by both vacancies within most departments and a con�nua�on of virtual training and conferences.

Capital Outlay – Capital outlay consists of oﬃce equipment, computer hardware, so�ware, furniture, ﬁxtures, and leases with a cost greater than $5,000. This category is at $758,553 or 834% of budget. The Government Accoun�ng Standards Board Statement 96 requires government agencies to book lease informa�on for so�ware in a par�cular fashion . The 2022-23 ﬁscal year is the ﬁrst year the city was required to record both lessor and lease data within the ledger. As a result, the city was required to book a $692,964 expense that was not actually “expensed.” The entry represents the total life of the so�ware agreements and not the actual annual costs that the city will incur. Net of the GASB 96 entry, capital outlay actuals are $65,589 or 72% of budget.

Debt Service – Debt service in the General Fund accounts for the revenue neutrality agreement with Riverside County.

The agreement was 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 County invoices the city towards the end of the ﬁscal year, as a result, actuals stand at zero . This category also houses principal expenditures related to the city’s GASB Statement 87 regarding the city’s leases. These expenditures are reclassiﬁed from opera�ons (leases) to debt service in accordance with GASB 87. Because of the GASB entry, actuals for this category stand at $533,242 or 192% of budget. Net of the GASB 87 entry, actuals are $272,717 or 98% of budget.

Transfers-Out – The transfers-out category in the General Fund accounts for the movement of cash from the General Fund to another fund. Budget includes $11.4 million in transfers out to the General Capital Improvement Fund, $1.3 million for capital maintenance reserves, and $ 38,167 for General Fund beneﬁt contribu�ons for several Landscape and Ligh�ng Maintenance Districts and one Beneﬁt Assessment District. This beneﬁt contribu�on and the capital maintenance reserve contribu�ons are the only opera�ng transfers within the category.

Contract
Services

38.9%
Transfers
Out 29.9%
Personnel

18.7%
Operations

10.6%
Debt Service

0.7%
Maintenance

1.0%
Capital
Outlay 0.2%
Expenditure Budget Breakdown
121
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months, 99% Reported

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 8 Overall, General Fund expenditures are $37,866,236 or 89% of expenditure budget.

GENERAL FUND OPERATING STATEMENT
General Fund Operating Statement - The General
Fund generated $32,760,064 in operating revenues
and $ 25,757,678 in operating expenditures.

Operating revenues exceed expenditures and as a
result, the General Fund has an operating surplus of
$7,002,386. Staff is currently working on
determining what percentage of the non -operating
revenues are likely to continue into the future. On
the non-operating side, the city completed the fiscal
year with $36,240,854 in non -operating revenues and $12,108,558 in non -operating expenditur es. Non-operating revenues exceed expenditures and as a result, the General Fund has a non -operating surplus of $ 24,132,296. Non- operating revenues are composed of three sources of revenue, sales tax , franchise fees, and interest . The sales tax revenue represents a local business in the business and industry category that changed business structure and as a result county pool sales tax was redistributed to host cities . At this time, staff considers this sales tax source as one-time and non-operating in nature as the stability of the revenue is unknown. As a result, the revenue will be set aside for future capital improvement projects, such as the city’s civic center development at the Leal Property. The franchise fees represent a one -time waste hauler retention payment. Non-operating expenditures consist of unrealized losses on the city’s investments, totaling $1.3 million. This entry will be reversed as of July 1, 2022, and have no material impact to the city’s cash on hand, however the entry will be reflected on the city’s financial statements. As of June 30, total net revenue and budget surplus is $31,134,682.

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 is considered General Fund monies; however, it has been restricted by Riverside County through the city’s revenue neutrality agreement and therefore is separated from the city’s unrestricted General Fund.

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 108% of budget or $8.4 million. Property tax is the largest single source of revenue for the Fire Fund. Similar to the General Fund, property taxes exceeded budget because several industrial buildings entering the tax roll for the second por�on of the ﬁscal year that were not an�cipated during the budge�ng process.

Licenses,
permits, and fees are 71% of budget, primarily due to a con�nued decrease in ﬁre plan check permits.

Investment income populates the category of use of money and property. Budget was es�mated at $100,000 and actuals are $432,432 or 432% of budget. At mid-year, an adjustment to General Fund investment earnings was recognized, but the Fire Fund was not included, lending to the large discrepancy in budget.

Overall, Fire Fund actual revenues are $8,982,534 or 112% of budget.

General Fund Operating Statement as of 06/30/2023

Operating Revenue Actuals 32,760,064
Operating Expenditure Actuals 25,757,678
Operating Surplus 7,002,386

Non-Operating Revenue Actuals 36,240,854
Non-Operating Expenditure Actuals 12,108,558
Non-Operating Surplus 24,132,296

Net Revenue 31,134,682
Fire Fund Overview
12-Months Ended June 30 , 2023
General Fund
Overview
Adjusted
Budget
Actual
Ac�vity
%
Revenues 8,008,000 8,982,534 112%
Expenditures 7,702,608 6,579,997 85%
Surplus (Deﬁcit) 305,392 2,402,537
122
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months, 99% Reported

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 9 Expenditures – Contract services for Riverside County Fire stand at $ 6,298,267 or 90% of budget. The city realized a nominal savings due to CalFIRE’s current staﬃng shortage, which equated to salary savings within the city’s service contract. Although Riverside County Fire reported an es�mated 6% increase in contract costs for the current year , the annual salary savings oﬀset this increase. The reported increase is due to labor nego�a�ons and a resul�ng reduc�on in the hours worked by safety staﬀ. This will cause a need for addi�onal staﬀ and a subsequent increase in contract costs.

Addi�onally, CalFIRE staﬀ will receive cost of living increases retroac�ve to the start of the ﬁscal year.

Maintenance and opera�ons actuals are 58% and
(40%) respec�vely. Maintenance and opera�ons
include building maintenance, vehicle maintenance
and fuel, and u�li�es , actual expenditures are
$70,167 or 58% of budget. The budget included
emergency building maintenance repairs which was
not u�lized . Actual expenditures in the opera�ons
category are ($87,248) or (40%) of budget. This is
due to a Government Accoun�ng Standards Board
(GASB) required accoun�ng entry totaling $241,817
from the prior year that recognizes the diﬀerence in
the book and market value of investments, known as
unrealized gain or loss. Net of the entry, opera�ons
stand at $154,569 or 70% of budget.

Overall, the Fire Fund is at $6,579,997 or 85% of
expenditure budget, mostly due to the second and third quarter ﬁre services invoices remains outstanding and the required GASB entry.

Net Revenue – The Fire Fund is completed the ﬁscal year with $2,402,537 in net revenue, also called a budget surplus, for the ﬁscal year 2022-23.

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

MAJOR SPECIAL REVENUE FUNDS
Capital Projects Fund – This fund was considered a major fund for the 2021-22 ﬁnancial audit. Revenues are solely from the General Fund and the purpose of the fund is to track speciﬁc one -�me general-fund capital improvement projects.

The fund holds adequate fund balance to cover budgeted expenditures and does not build fund balance over �me. Major projects for the ﬁscal year include the Limonite Gap Bridge, I -15 Corridor Landscaping Improvement, Prado Dam Inunda�on U�lity Mi�ga�on, Hamner Place Beau�ﬁca�on, Civic Center Design, and Citrus Property Modular Oﬃces.

Revenues completed the year at $11,417,10 7, which matches budget. E xpenditures tota led $3,273,187 versus $14,354,865 in budget, the discrepancy is due to budgeted capital improvement projects that are s�ll in progress including the Civic Center project and Modular Oﬃces project.

NEGATIVE FUND BALANCE IN SPECIAL REVENUE FUNDS
Several special revenue funds currently have and are projected to complete the year with a nega�ve fund balance .

According to GASB requirements the General Fund will be required to cover those nega�ve fund balances at the end of 0 2
4 6
8 10
2020-21 Actuals 2021-22 Actuals 2022-23 Budget 2022-23 Actuals Millions
Year-by-Year Revenue and Expenditures
Revenue Expenditure
123
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months, 99% Reported

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 10 the ﬁscal year. The Transporta�on Uniform Mi�ga�on Fee Fund completed the year with a nega�ve fund balance of $769,342. This fund is reimbursed a�er projects are completed. Currently, the fund has been u�lized for the Limonite Gap Project, which will not be complete un�l ﬁscal year 2023-24 or 2024-25, at which point a reimbursement will be requested from Western Region Council of Governments. The city transferred over 88 ligh�ng maintenance districts and illumina�on districts from Jurupa Community Services District in the prior ﬁscal year and seven of those districts arrived with nega�ve fund balance. The city’s consultant is working on the budget for the 2023-24 ﬁscal year that may help to bring these funds into a posi�ve fund balance. The General Fund will contribute to those funds to cover the nega�ve fund balance. In total, the General Fund is required to cover $912,698 in nega�ve fund balances as of June 30, 2023.

LONG RANGE PLANNING
City staﬀ regularly update the city’s long term planning model to ensure ﬁscal sustainability into the foreseeable future.

Staﬀ spends considerable �me preparing long range forecasts during the budget process. However, as the year progresses strategic plan ac�vi�es, opera�onal changes, capital improvement plan adjustments, and economic impacts can aﬀect the forecasts created during the budget process. This sec�on is intended to update the reader on any known ac�vi�es that will aﬀect the city’s long-range plans.

FIVE YEAR GENERAL FUND FORECAST
The forecast for the General Fund has not signiﬁcantly changed since the budget was adopted in June 2022. However, at this �me, staﬀ is s�ll working on upda�ng the long-range plan with clearer ﬁnancial planning objec�ves for the Civic Center capital improvement project. Opera�ng revenues are projected to increase from $33.1 million to $38.1 million from year one to year ﬁve. Assuming no major changes to the city’s organiza�onal structure or program and service oﬀerings, the opera�ng expenditure budget is projected to increase from $35.5 million to $41.2 million. The opera�ng budget will produce a budget deﬁcit of $2.0 to $3.0 million annually for the next ﬁve years; however staﬀ is working on calcula�ng a reasonable amount of non -opera�ng revenues that should be considered regular opera�ng revenues. As a result, this deﬁcit will likely turn into a surplus . Non-opera�ng revenues are projected to increase over the next ﬁve years and the budget surplus is es�mated at $26.9 million to $30.0 million over the next ﬁve years. The model will be updated with new ﬁve-year Capital Improvement Plan and Civic Center expenditures for the new ﬁscal year.

A Note Regarding Government Accounting and Budgeting
Most agencies manage governmental funds and budgets 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 adequate opera�ng reserve that allows for cash ﬂow needs throughout the ﬁscal year, especi ally during months in which some revenues categories are not received.

124
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months General Fund Summary by Category
Audited Actuals Audited Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2020-21 2021-22 2022-23 6/30/2023 2022-23

GENERAL FUND
Revenues
Property Taxes 3,526,028$ 3,662,139$ 3,609,500$ 4,004,362$ 111% 394,862$ Sales & Use Tax 28,120,058 44,710,286 44,000,000 47,356,371 108% 3,356,371 Franchise Fees 5,937,579 1,971,912 6,073,000 6,556,660 108% 483,660 License, Permits & Fees 2,885,193 2,333,526 2,507,800 2,347,535 94% (160,265) Fines, Penalties & Forfeitures 583,856 567,641 596,000 724,866 122% 128,866 Intergovernmental 5,804,854 6,367,511 5,725,000 5,901,581 103% 176,581 Use of Money & Property 1,102,678 151,235 1,500,000 1,511,747 101% 11,747 Miscellaneous 237,295 772,062 425,060 299,556 70% (125,504) Transfers In 17,886 7,417,458 293,075 298,240 102% 5,165 Total General Fund Revenues 48,215,427 67,953,770 64,729,435 69,000,918 107% 4,271,483 Expenditures
Salaries 2,638,858$ 3,824,393$ 5,861,000$ 4,612,233$ 79% (1,248,767)$ Benefits 1,081,273 1,356,725 2,136,430 1,515,650 71% (620,780) Contract Services 11,939,303 13,659,952 16,621,400 15,427,198 93% (1,194,203) Maintenance 105,619 205,290 444,273 345,138 78% (99,134) Operations 2,817,037 4,783,081 4,542,772 1,912,761 42% (2,630,012) Capital Outlay 1,199,153 187,826 90,957 758,553 834% 667,596 Debt Service 1,130,459 3,109,421 278,100 533,242 192% 255,142 Transfers Out 1,989,214 6,597,427 12,758,836 12,761,462 100% 2,626 Total General Fund Expenditures 22,900,915 33,724,114 42,733,769 37,866,236 89% (4,867,532) NET REVENUE 25,314,511 34,229,656 21,995,666 31,134,682 (9,139,016) OTHER PURPOSE GENERAL FUNDS:

RESTRICTED STRUCTURAL FIRE FUND
Revenues
Property Taxes (Restricted for Fire Services) 7,289,292$ 7,601,854$ 7,785,000$ 8,379,338$ 108% 594,338$ Sales & Use Tax - - - - 0 - Franchise Fees - - - - 0 - Other Taxes - - - - 0 - License, Permits & Fees 154,718 94,451 110,000 77,971 71% (32,029) Fines, Penalties & Forfeitures 25,979 - 13,000 92,793 714% 79,793 Intergovernmental - - - - 0 - Use of Money & Property 2,927 (1,616) 100,000 432,432 432% 332,432 Miscellaneous - - - - 0 - Transfers 167,660 - - - 0 - Total Fire Fund Revenues 7,640,575 7,694,689 8,008,000 8,982,534 112% 974,534 Expenditures
Salaries 797$ 808$ -$ -$ 0 -$ Benefits 107 - - - 0 - Contract Services 5,463,946 5,654,282 7,032,908 6,298,267 90% (734,641) Maintenance 52,275 56,463 120,000 70,167 58% (49,833) Operations 78,136 447,634 219,600 (87,248) -40% (306,848) Capital Outlay - 38,200 52,000 26,094 50% (25,906) Debt Service 252,432 262,228 278,100 272,717 98% (5,384) Transfers Out - - - - 0 - Total General Fund Expenditures 5,847,693 6,459,615 7,702,608 6,579,997 85% (1,122,611) NET REVENUE 1,792,882 1,235,074 305,392 2,402,537 % Budget
Used
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 125
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months General Fund Summary by Departments
Audited Actuals Audited Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2020-21 2021-22 2022-23 6/30/2023 2022-23

GENERAL FUND
Revenues
General Services
Non Departmental 44,774,936$ 65,076,959$ 61,680,635$ 65,963,202$ 107% 4,282,567$ City Clerk 42,702 54,411 48,150 74,273 154% 26,123 City Manager 6,056 10,258 - - 0% - Finance 160,501 126,297 90,150 145,228 161% 55,078 General Government - - - - 0% - City Attorney 23,730 80,205 48,000 22,944 48% (25,056) Subtotal General Services 45,007,925 65,348,130 61,866,935 66,205,647 107% 4,338,712 Community Development
Community Development 203,612$ 209,777$ 202,000$ 117,231$ 58% (84,769)$ Subtotal Community Development 203,612 209,777 202,000 117,231 58% (84,769) Public Works
Public Works 214,998$ 854,409$ 1,035,000$ 778,728$ 75% (256,272)$ Subtotal Community Safety 214,998 854,409 1,035,000 778,728 75% (256,272) Community Safety
Community Safety 2,154,008$ 905,318$ 985,000$ 1,240,799$ 126% 255,799$ Subtotal Community Safety 2,154,008 905,318 985,000 1,240,799 126% 255,799 Public Safety
Public Safety 634,885$ 636,137$ 640,500$ 658,514$ 103% 18,014$ Subtotal Public Safety 634,885 636,137 640,500 658,514 103% 18,014 Total General Fund Revenues 48,215,427 67,953,770 64,729,435 69,000,918 107% 4,527,756 Expenditures
General Services
100 City Council 133,393$ 224,419$ 152,570$ 162,650$ 107% 10,080$ 110 City Attorney 299,975 317,860 352,400 295,852 84% (56,548) 290 General Government 4,491,968 11,394,573 13,746,566 12,680,685 92% (1,065,882) Subtotal General Services 4,925,335 11,936,851 14,251,536 13,139,186 92% (1,112,350) City Manager
200 City Manager 613,963$ 609,470$ 564,700$ 521,256$ 92% (43,444) Subtotal City Manager 613,963 609,470 564,700 521,256 92% (43,444) Human Resources & Risk
220 Talent Attraction and Development 485,963$ 651,178$ 873,115$ 601,869$ 69% (271,246) 230 Risk Management 164,653 386,678 388,200 388,154 100% (46) Subtotal Human Resources & Risk 650,616 1,037,856 1,261,315 990,024 78% (271,291) City Clerk/Communications
120 City Clerk 420,701$ 444,667$ 589,012$ 579,863$ 98% (9,148) 240 Information Technology 411,918 304,454 337,330 289,575 86% (47,755) 260 Communications 253,125 244,365 355,250 320,256 90% (34,994) 720 Events - 682,857 987,039 1,003,507 102% 16,469 Subtotal City Clerk/Communication 1,085,745 1,676,343 2,268,630 2,193,201 97% (75,429) Finance
210 Finance 708,666$ 910,324$ 1,360,115$ 1,139,254$ 84% (220,861) Subtotal Finance 708,666 910,324 1,360,115 1,139,254 84% (220,861) Community Development
% Budget
Used
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 126
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months General Fund Summary by Departments
Audited Actuals Audited Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2020-21 2021-22 2022-23 6/30/2023 2022-23
% Budget
Used
301 Administration 563,492$ 1,108,869$ 1,861,710$ 1,356,552$ 73% (505,158)$ 300 Planning 541,489 610,794 947,210 686,329 72% (260,881) Subtotal Community Development 1,104,981 1,719,663 2,808,920 2,042,881 73% (766,039) Public Works
320 Engineering 504,724$ 1,447,314$ 2,302,790$ 1,419,521$ 62% (883,269) 500 Public Works 415,553 368,711 733,691 275,437 38% (458,253) 295 Facility Maintenance 357,011 467,728 566,432 557,645 98% (8,787) 296 Facility Landscaping - - 162,850 181,504 111% 18,654 600 Landscaping (public right-of-way) - 1,074 - - 0% - Subtotal Community Development 1,277,288 2,284,828 3,765,763 2,434,108 65% (1,331,655) Community Safety
311 Administration -$ 19,679$ 462,730$ 315,828$ 68% (146,902)$ 310 Building Safety 2,122,378 1,337,997 1,550,150 1,273,580 82% (276,570) 330 Community Enhancement & Safety 663,285 764,036 1,035,460 811,417 78% (224,043) Subtotal Community Safety 2,785,663 2,121,711 3,048,340 2,400,825 79% (647,515) Public Safety
400 Law Enforcement 9,557,446$ 11,097,700$ 12,966,390$ 12,621,198$ 97% (345,192)$ 430 Animal Control 167,648 233,268 336,000 276,155 82% (59,845) 440 Crossing Guards 23,563 96,099 102,060 108,149 106% 6,089 Subtotal Public Safety 9,748,658 11,427,066 13,404,450 13,005,502 97% (398,948) Total General Fund Expenditures 22,900,915 33,724,114 42,733,769 37,866,236 89% (4,867,532) TOTAL NET REVENUE 25,314,511 34,229,656 21,995,666 31,134,682 OTHER PURPOSE GENERAL FUNDS:

RESTRICTED STRUCTURAL FIRE FUND
Revenues
Property Taxes (Restricted for Fire Serv 7,289,292$ 7,601,854$ 7,785,000$ 8,379,338$ 108% 594,338$ Sales & Use Tax - - - - 0% - Franchise Fees - - - - 0% - Other Taxes - - - - 0% - License, Permits & Fees 154,718 94,451 110,000 77,971 71% (32,029) Fines, Penalties & Forfeitures 25,979 - 13,000 92,793 714% 79,793 Intergovernmental - - - - 0% - Use of Money & Property 2,927 (1,616) 100,000 432,432 432% 332,432 Miscellaneous - - - - 0% - Transfers 167,660 - - - 0% - Total Fire Fund Revenues 7,640,575 7,694,689 8,008,000 8,982,534 112% 974,534 Expenditures
Public Safety
290 General Government 253,044$ 504,045$ 278,100$ 30,899$ 11% (247,201)$ 295 Building Maintenance 15,032 184,581 173,100 145,792 84% (27,308) 296 Landscaping - - 66,408 22,065 33% (44,343) 320 Engineering 256 808 - - 0% - 420 Fire Services 5,579,360 5,770,182 7,185,000 6,381,240 89% (803,760) Total Fire Fund Expenditures 5,847,693 6,459,615 7,702,608 6,579,997 85% (1,122,611) TOTAL FIRE FUND NET REVENUE 1,792,882 1,235,074 305,392 2,402,537 City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 127
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months General Fund Operating Summary
Audited Actuals Audited Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2020-21 2021-22 2022-23 6/30/2023 2022-23

GENERAL FUND
Operating Revenues
Property Taxes 3,526,028$ 3,662,139$ 3,609,500$ 4,004,362$ 111% 394,862$ Sales & Use Tax 11,920,058 13,180,286 13,600,000 13,946,371 103% 346,371 Franchise Fees $1,937,579 1,971,912 2,073,000 2,556,660 123% 483,660 Property Transfer Tax - - - - 0 - License, Permits & Fees 2,885,193 2,333,526 2,507,800 2,347,535 94% (160,265) Fines, Penalties & Forfeitures 583,856 567,641 596,000 724,866 122% 128,866 Intergovernmental 5,804,854 6,367,511 5,725,000 5,901,581 103% 176,581 Use of Money & Property 1,864,309 172,785 525,000 2,680,893 511% 2,155,893 Miscellaneous (719,323) 772,062 425,060 299,556 70% (125,504) Transfers In 17,886 57,239 293,075 298,240 102% 5,165 Total General Fund Operating Revenues 27,820,440 29,085,101 29,354,435 32,760,064 112% 3,405,629 Operating Expenditures
Salaries 2,638,858$ 3,824,393$ 5,861,000$ 4,612,233$ 79% (1,248,767)$ Benefits 1,081,273 1,356,725 2,136,430 1,515,650 71% (620,780) Contract Services 11,939,303 13,659,952 16,621,400 15,427,198 93% (1,194,203) Maintenance 105,619 205,290 444,273 345,138 78% (99,134) Operations 2,817,037 3,478,006 4,542,772 3,217,836 71% (1,324,937) Capital Outlay 242,535 187,826 90,957 65,589 72% (25,368) Debt Service 1,130,459 1,250,371 278,100 533,242 192% 255,142 Transfers Out 466,884 735,475 38,167 40,793 107% 2,626 Total General Fund Expenditures 20,421,967 24,698,037 30,013,100 25,757,678 86% (4,255,421) NET OPERATING REVENUE 7,398,472 4,387,064 (658,665) 7,002,386 Non-Operating Revenues
Sales Tax 16,200,000$ 31,530,000$ 30,400,000$ 33,410,000$ 110% 3,010,000 Franchise Fees (Retention Fees) 4,000,000 - 4,000,000 4,000,000 100% -$ Use of Money and Property (Interest) 384,586 975,000 975,000 100% Use of Money and Property (Unrealized Gain) (761,631) (406,136) - (2,144,146) 0% (2,144,146) Miscellaneous (GASB 87) 956,618 - - - 0% - Transfers In (ARPA SLFRF) - 7,360,219 - - 0% - Total General Fund Non-Operating Revenues $20,394,987 38,868,669 35,375,000 36,240,854 102% 865,854 Non-Operating Expenditures
Operations (Unrealized Loss) -$ 1,305,075$ -$ (1,305,075)$ 0% (1,305,075)$ Capital Outlay (GASB 87) 956,618 - - - 0% - Capital Outlay (GASB 96) - - - 692,964 0% 692,964 Debt Service (Tarpon Properties Payoff) - 1,859,050 - - 0% - Transfers Out (Streetlight Payoff) 2,330 3,808,933 - - 0% - Transfers Out (Capital Replacement Reserves) 1,303,652 1,303,652 100% - Transfers Out (CIP) 1,520,000 2,053,019 11,417,017 11,417,017 100% - Total General Fund Non-Operating Expenditures 2,478,948 9,026,077 12,720,669 12,108,558 95% (612,111) NET NON-OPERATING REVENUE 17,916,039 29,842,592 22,654,331 24,132,296 %
Budget
Used
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 128
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months General Fund Operating Summary
Audited Actuals Audited Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2020-21 2021-22 2022-23 6/30/2023 2022-23
%
Budget
Used
OTHER PURPOSE GENERAL FUNDS:

RESTRICTED STRUCTURAL FIRE FUND
Operating Revenues
Property Taxes (Restricted for Fire Services) 7,289,292$ 7,601,854$ 7,785,000$ 8,379,338$ 108% 594,338$ Sales & Use Tax - - - - 0 - Franchise Fees - - - - 0 - Other Taxes - - - - 0 - License, Permits & Fees 154,718 94,451 110,000 77,971 71% (32,029) Fines, Penalties & Forfeitures 25,979 - 13,000 92,793 714% 79,793 Intergovernmental - - - - 0 - Use of Money & Property 244,113 (1,616) 100,000 432,432 432% 332,432 Miscellaneous - - - - 0 - Transfers (0) - - - 0 - Total Fire Fund Revenues 7,714,101 7,694,689 8,008,000 8,982,534 112% 974,534 Operating Expenditures
Salaries 797$ 808$ -$ -$ 0 -$ Benefits 107 - - - 0 - Staff Development - - - - 0 - Contract Services 5,463,946 5,654,282 7,032,908 6,298,267 90% (734,641) Maintenance 52,275 56,463 120,000 70,167 58% (49,833) Operations 78,136 447,634 219,600 154,569 70% (65,031) Capital Outlay - 38,200 25,000 26,094 104% 1,094 Debt Service 252,432 262,228 278,100 272,717 98% (5,384) Transfers Out - - - - 0 - Subtotal Fire Fund Expenditures 5,847,693 6,459,615 7,675,608 6,821,814 89% (853,794) NET OPERATING REVENUE 1,866,408 1,235,074 332,392 2,160,720 Non-Operating Revenues
Use of Money and Property (Unrealized Gain) (241,186)$ - -$ 0% -$ Transfers In 167,660 - - 0% - Total Fire Fund Non-Operating Revenues (73,526) - - - 0% - Non-Operating Expenditures
Capital Outlay (Vehicle Purchase) -$ -$ 27,000 -$ 0% (27,000)$ Unrealized Loss (Use of Money and Property) - - - (241,817) 0% (241,817) Total Fire Fund Non-Operating Expenditures - - 27,000 (241,817) -11% (268,817) NET NON-OPERATING REVENUE (73,526) - (27,000) (241,817) City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 129
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months Other Funds Summary
*Data includes transfers
Audited
Actuals
Audited
Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2020-21 2021-22 2022-23 6/30/2023 2022-23

OTHER FUNDS
Revenues
200 Gas Tax 1,437,826$ 1,604,905$ 1,907,980$ 1,910,031$ 100% (2,051)$ 205 SB1 1,228,573 1,378,406 1,505,500 1,630,373 108% (124,873) 206 Area Drainage Plan (ADP) (2,060) (493) 8,000 22,224 278% (14,224) 210 Measure A 1,834,932 2,189,098 2,032,000 3,561,411 175% (1,529,411) 211 TDA Fund - - - 146,666 0% (146,666) 220 AQMD 91,756 143,575 122,000 105,726 87% 16,274 230 Grants: Law Enforcement Grants - - - - 0% - 240 Grants: Miscellaneous Grants Fund 432,400 668,027 7,793,400 520,685 7% 7,272,715 241 Grants: Coronavirus Relief Fund 788,813 - - - 0% - 242 Grants: American Rescue Plan Act Fund - 7,360,219 3,680,109 - 0% 3,680,109 243 Public, Educational, or Governmental Access Fund 515 2,188 1,400 1,444 103% (44) 250 Grants: Community Development Block Grant - - 165,000 - 0% 165,000 260 Local Law Enforcement Services 157,695 165,428 160,000 - 0% 160,000 270 TUMF Reimbursement Fund - - 4,050,000 13,818 0% 4,036,182 290 Transportation DIF 115,440 119,761 432,000 520,618 121% (88,618) 291 Fire DIF 54,388 46,690 64,800 70,837 109% (6,037) 292 Public Facilities DIF 397,553 102,648 201,200 69,972 35% 131,228 293 Road and Bridge Benefit District 84,487 454,300 30,000 218,470 728% (188,470) 300 LLMD 89-1 Zone 10 3,188 3,820 4,740 4,743 100% (3) 301 LLMD 89-1 Zone 33 (21,661) 1,171 1,720 707 41% 1,013 302 LLMD 89-1 Zone 41 188,123 171,435 44,615 76,992 173% (32,377) 303 LLMD 89-1 Zone 79 2,367 2,593 1,380 1,667 121% (287) 304 LLMD 89-1 Zone 85 1,091 3,008 295 985 334% (690) 305 LLMD 89-1 Zone 111 25,513 23,997 22,140 24,893 112% (2,753) 306 LLMD 89-1 Zone 115 2,807 3,726 4,095 4,094 100% 1 307 LLMD 89-1 Zone 116 8,553 8,031 7,130 7,897 111% (767) 308 LLMD 89-1 Zone 147 198 1,552 1,710 1,717 100% (7) 309 LLMD 89-1 Zone 151 6,393 7,659 9,510 9,512 100% (2) 310 LLMD 89-1 Zone 156 4,722 5,750 7,140 7,139 100% 1 311 Benefit Assessment District 2014-2 4,776 12,563 10,988 11,259 102% (271) 312 LLMD 2014-1 3,781 19,499 17,794 18,215 102% (421) 313 LLMD 2014-3 3,313 8,489 6,904 7,114 103% (210) 314 LLMD 2014-4 2,078 6,850 5,864 6,071 104% (207) 315 Community Facilities District 2019-1 9,284 10,162 6,000 11,030 184% (5,030) 400 Community Facilities District 2017-1 73,612 74,687 35,320 41,746 118% (6,426) 401 Community Facilities District 2017-2 33,308 43,192 22,160 49,212 222% (27,052) 402 Community Facilities District 2020-1 72,863 73,498 36,100 95,925 266% (59,825) 403 LMD 98-2 ORIGINAL - 16,635 6,250 11,024 176% (4,774) 404 LMD 98-2 ANNEX 01/Zone A - 2,006 4,460 8,149 183% (3,689) 405 LMD 98-2 ANNEX 02/Zone B - 41,892 91,370 91,834 101% (464) 406 LMD 98-2 ANNEX 03/Zone C - 4,299 9,340 16,645 178% (7,305) 407 LMD 98-2 ANNEX 04/Zone D - 6,233 13,620 22,287 164% (8,667) 408 LMD 98-2 ANNEX 06/Zone F - 29,516 13,990 22,359 160% (8,369) 409 LMD 2001-1 Zone G - 1,862 - 1,092 0% (1,092) 410 LMD 2001-1 Zone S - 2,420 1,040 1,320 127% (280) 411 LMD 2001-1 Zone W - 20,337 1,260 14,940 1186% (13,680) 412 LMD 2001-2 Zone A - 49,149 14,700 18,360 125% (3,660) 413 LMD 2001-2 Zone B - 26,356 17,320 17,360 100% (40) 414 LMD 2001-2 Zone C - 1,423 9,740 1,094 11% 8,646 415 LMD 2001-2 Zone D - 17,303 1,050 11,887 1132% (10,837) % Budget
Used
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 130
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months Other Funds Summary
*Data includes transfers
Audited
Actuals
Audited
Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2020-21 2021-22 2022-23 6/30/2023 2022-23
% Budget
Used
416 LMD 2001-2 Zone F - 3,128 6,440 3,067 48% 3,374 417 LMD 2001-2 Zone G - 26,486 1,710 10,287 602% (8,577) 418 LMD 2001-2 Zone H - 39,891 9,590 28,855 301% (19,265) 419 LMD 2001-2 Zone J - 27,374 14,420 18,512 128% (4,092) 420 LMD 2001-2 Zone K 0 1,954 9,970 1,716 17% 8,254 421 LMD 2001-2 Zone M - 2,315 1,710 2,771 162% (1,061) 422 LMD 2001-3 Zone A - 3,901 9,790 12,739 130% (2,949) 423 LMD 2001-3 Zone B - 3,372 7,300 9,909 136% (2,609) 424 LMD 2001-3 Zone C - 22,478 7,860 8,419 107% (559) 425 LMD 2001-3 Zone D - 45,713 16,280 17,458 107% (1,178) 426 LMD 2001-3 Zone E - 100,204 35,340 38,591 109% (3,251) 427 LMD 2001-3 Zone F - 38,201 13,600 14,954 110% (1,354) 428 LMD 2001-3 Zone G - 3,433 7,950 7,967 100% (17) 429 LMD 2001-3 Zone H - 15,451 5,650 6,331 112% (681) 430 LMD 2001-3 Zone I (0) 61,716 21,630 40,910 189% (19,280) 431 LMD 2001-3 Zone J - 17,644 6,390 11,936 187% (5,546) 432 LMD 2001-3 Zone K - 18,021 6,630 14,651 221% (8,021) 433 LMD 2001-3 Zone L - 19,057 7,070 14,175 200% (7,105) 434 LMD 2001-3 Zone M - 55,807 20,040 25,718 128% (5,678) 435 LMD 2001-3 Zone N - 40,800 17,900 43,034 240% (25,134) 436 LMD 2001-3 Zone O - 6,576 2,560 2,746 107% (186) 437 LMD 2001-3 Zone P - 38,497 13,520 14,526 107% (1,006) 438 LMD 2001-3 Zone Q - 15,405 5,580 5,997 107% (417) 439 LMD 2001-3 Zone R - 1,849 1,010 1,699 168% (689) 440 LMD 2001-3 Zone S 0 7,430 2,880 3,061 106% (181) 441 LMD 2001-3 Zone T - 57,013 19,620 21,130 108% (1,510) 442 LMD 2001-3 Zone U - 37,570 13,460 14,313 106% (853) 443 LMD 2001-3 Zone V - 63,337 21,820 23,359 107% (1,539) 444 LMD 2001-3 Zone W - 19,463 7,070 7,854 111% (784) 445 LMD 2001-3 Zone X - 5,519 2,210 2,365 107% (155) 446 LMD 2001-3 Zone Y - 9,212 3,460 3,689 107% (229) 447 LMD 2001-3 Zone Z - 10,185 3,810 4,093 107% (283) 448 LMD 2001-3 Zone AA - 6,467 2,520 2,843 113% (323) 449 LMD 2001-3 Zone BB - 6,006 2,290 2,464 108% (174) 450 LMD 2001-3 Zone CC - 23,574 8,570 17,523 204% (8,953) 451 LMD 2001-3 Zone DD - 50,873 18,070 23,649 131% (5,579) 452 LMD 2001-3 Zone EE - 24,752 9,070 9,563 105% (493) 453 LMD 2001-3 Zone FF - 30,391 11,090 21,436 193% (10,346) 454 LMD 2001-3 Zone GG - 15,382 5,630 6,056 108% (426) 455 LMD 2001-3 Zone HH - 12,334 4,570 4,877 107% (307) 456 LMD 2001-3 Zone II - 27,648 9,680 10,433 108% (753) 457 LMD 2001-3 Zone JJ - 4,943 1,990 2,102 106% (112) 458 LMD 2001-3 Zone KK - 2,842 1,460 1,655 113% (195) 459 LMD 2001-3 Zone LL - 10,721 3,900 4,358 112% (458) 460 LMD 2001-3 Zone MM - 8,137 3,280 5,042 154% (1,762) 461 LMD 2001-3 Zone NN - 19,085 6,840 7,293 107% (453) 462 LMD 2001-3 Zone OO - 18,826 6,750 7,230 107% (480) 463 LMD 2001-3 Zone PP - 22,147 7,820 8,413 108% (593) 464 LMD 2001-3 Zone QQ - 8,658 3,410 3,648 107% (238) 465 LMD 2001-3 Zone RR - 57,429 20,100 21,582 107% (1,482) 466 LMD 2001-3 Zone SS - 21,381 7,610 8,167 107% (557) 467 LMD 2001-3 Zone TT - 9,128 3,370 3,602 107% (232) 468 LMD 2001-3 Zone UU - 7,023 2,650 2,844 107% (194) City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 131
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months Other Funds Summary
*Data includes transfers
Audited
Actuals
Audited
Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2020-21 2021-22 2022-23 6/30/2023 2022-23
% Budget
Used
469 LMD 2001-3 Zone VV - 5,921 2,300 2,434 106% (134) 470 LMD 2001-3 Zone WW - 24,592 8,980 9,570 107% (590) 471 LMD 2001-3 Zone XX - 3,489 1,870 2,242 120% (372) 472 LMD 2001-3 Zone YY - 27,233 9,870 19,033 193% (9,163) 473 LMD 2001-3 Zone ZZ - 11,014 4,160 4,300 103% (140) 474 LMD 2001-3 Zone AAA - 47,941 16,620 17,999 108% (1,379) 475 LMD 2001-3 Zone BBB - 30,674 10,830 11,626 107% (796) 476 LMD 2001-3 Zone CCC - 65,738 23,300 28,879 124% (5,579) 477 LMD 2001-3 Zone DDD - 56,233 19,510 21,166 108% (1,656) 478 LMD 2001-3 Zone EEE - 6,186 2,820 2,900 103% (80) 479 LMD 2001-3 Zone FFF - 54,497 18,750 20,119 107% (1,369) 480 LMD 2001-3 Zone GGG - 19,694 7,260 7,672 106% (412) 481 LMD 2001-3 Zone HHH - 828 2,160 2,137 99% 23 482 LMD 2001-3 Zone III - 26,815 12,780 13,216 103% (436) 483 LMD 2001-3 Zone JJJ - 31,081 10,840 11,775 109% (935) 484 LMD 2001-3 Zone LLL - 6,082 2,870 11,151 389% (8,281) 485 LMD 2001-3 Zone MMM - 20,050 7,670 8,225 107% (555) 486 Illumination District No 2 Subarea 35 - 8,749 3,580 3,795 106% (215) 487 Illumination District No 2 Subarea 42 - 2,513 1,180 1,496 127% (316) 488 Illumination District No 2 Subarea 46 - 9,336 3,060 3,263 107% (203) 489 Illumination District No 2 Subarea 49 - 11,841 3,830 4,113 107% (283) 490 Illumination District No 2 Subarea 55 - 2,344 620 679 109% (59) 500 Debt Service 468,699 4,509,981 - - 0% - 600 Capital Projects 1,520,007 2,143,140 11,417,907 11,417,107 100% 800 601 General Information Technology Capital Replacem - - 433,652 433,652 100% - 602 General Fleet Capital Replacement Fund - - 120,000 120,000 100% - 603 General Street Maintenance Capital Fund - - 500,000 500,000 100% - 604 General Facility Maintenance Capital Fund - - 250,000 250,000 100% - 700 Information Technology - - - - 0% - Total Other Fund Revenues 9,035,335 23,268,586 35,944,493 22,951,703 64% 12,992,790 Expenditures
200 Gas Tax 4,240,697$ 1,994,824$ 4,769,892$ 1,267,927$ 27% 3,501,965$ 205 SB1 1,334,718 1,721,552 1,545,000 5,422 0% 1,539,578 206 Area Drainage Plan (ADP) 487 17,322 300,000 (13,822) -5% 313,822 210 Measure A 604,674 1,891,015 6,165,589 1,572,979 26% 4,592,610 211 TDA Fund - 102,318 232,500 44,348 19% 188,152 220 AQMD 25,430 123,899 114,444 1,844 2% 112,600 230 Law Enforcement Grants - - - - 0% - 240 Grants: Miscellaneous Grants Fund 596,167 520,016 19,455,784 479,696 2% 18,976,088 241 Grants: Coronavirus Relief Fund 788,813 - - - 0% - 242 Grants: American Rescue Plan Act Fund - 7,360,219 - - 0% - 243 Public, Educational, or Governmental Access Fund - - - - 0% - 250 Grants: Community Development Block Grant - - 196,130 - 0% 196,130 260 Local Law Enforcement Services 157,746 165,428 - - 0% - 270 TUMF Reimbursement Fund 281,042 344,067 5,600,000 157,993 3% 5,442,007 290 Transportation DIF 248,377 6,587 3,040 (3,547) -117% 6,587 291 Fire DIF - 8,376 1,290 (7,086) -549% 8,376 292 Public Facilities DIF 656,148 9,146 494,020 485,117 98% 8,903 293 Road and Bridge Benefit District 160,802 229,679 5,000,000 (98,390) -2% 5,098,390 300 LLMD 89-1 Zone 10 1,414 508 840 159 19% 681 301 LLMD 89-1 Zone 33 334 425 525 8 2% 517 302 LLMD 89-1 Zone 41 15,601 84,713 32,850 (14,775) -45% 47,625 City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 132
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months Other Funds Summary
*Data includes transfers
Audited
Actuals
Audited
Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2020-21 2021-22 2022-23 6/30/2023 2022-23
% Budget
Used
303 LLMD 89-1 Zone 79 1,430 2,966 1,260 884 70% 376 304 LLMD 89-1 Zone 85 151 1,174 220 (374) -170% 594 305 LLMD 89-1 Zone 111 10,954 19,734 20,535 8,522 41% 12,013 306 LLMD 89-1 Zone 115 7,143 12,838 7,160 11,544 161% (4,384) 307 LLMD 89-1 Zone 116 3,786 6,734 4,505 4,950 110% (445) 308 LLMD 89-1 Zone 147 3,026 4,315 2,510 5,179 206% (2,669) 309 LLMD 89-1 Zone 151 14,884 15,413 8,930 19,258 216% (10,328) 310 LLMD 89-1 Zone 156 8,991 10,803 6,900 13,403 194% (6,503) 311 Benefit Assessment District 2014-2 3,233 7,887 5,665 4,860 86% 805 312 LLMD 2014-1 2,187 8,527 9,220 5,096 55% 4,124 313 LLMD 2014-3 2,374 5,346 4,365 3,603 83% 762 314 LLMD 2014-4 909 2,399 3,190 726 23% 2,464 315 Community Facilities District 2019-1 3,208 3,840 3,120 3,198 102% (78) 400 Community Facilities District 2017-1 3,282 7,697 10,400 1,612 16% 8,788 401 Community Facilities District 2017-2 17,709 20,518 42,692 25,840 61% 16,852 402 Community Facilities District 2020-1 10,258 83,623 109,150 123,806 113% (14,656) 403 LMD 98-2 ORIGINAL - 1,698 7,669 5,417 71% 2,252 404 LMD 98-2 ANNEX 01/Zone A - 4,197 5,531 4,141 75% 1,389 405 LMD 98-2 ANNEX 02/Zone B - 28,806 61,172 40,253 66% 20,919 406 LMD 98-2 ANNEX 03/Zone C - 4,028 11,948 8,395 70% 3,553 407 LMD 98-2 ANNEX 04/Zone D - 8,607 15,762 10,981 70% 4,781 408 LMD 98-2 ANNEX 06/Zone F - 2,892 12,969 8,944 69% 4,025 409 LMD 2001-1 Zone G - 145 532 477 90% 55 410 LMD 2001-1 Zone S - 336 1,363 995 73% 368 411 LMD 2001-1 Zone W - 6,258 7,853 18,434 235% (10,581) 412 LMD 2001-2 Zone A - 3,342 25,028 10,987 44% 14,041 413 LMD 2001-2 Zone B - 2,788 13,734 8,921 65% 4,813 414 LMD 2001-2 Zone C - 130 2,407 691 29% 1,716 415 LMD 2001-2 Zone D - 1,870 7,184 6,090 85% 1,094 416 LMD 2001-2 Zone F - 528 3,227 1,785 55% 1,442 417 LMD 2001-2 Zone G - 1,616 5,835 4,767 82% 1,068 418 LMD 2001-2 Zone H - 4,696 19,327 14,741 76% 4,586 419 LMD 2001-2 Zone J - 3,096 14,170 10,315 73% 3,855 420 LMD 2001-2 Zone K - 841 2,412 2,832 117% (421) 421 LMD 2001-2 Zone M - 373 4,035 1,360 34% 2,675 422 LMD 2001-3 Zone A - 18,822 7,713 4,986 65% 2,727 423 LMD 2001-3 Zone B - 6,507 4,427 3,327 75% 1,100 424 LMD 2001-3 Zone C - 1,011 4,196 2,794 67% 1,402 425 LMD 2001-3 Zone D - 2,297 9,612 6,211 65% 3,402 426 LMD 2001-3 Zone E - 5,080 21,198 13,735 65% 7,463 427 LMD 2001-3 Zone F - 447 490 1,430 292% (940) 428 LMD 2001-3 Zone G - 2,379 6,435 4,446 69% 1,989 429 LMD 2001-3 Zone H - 1,149 5,108 3,227 63% 1,881 430 LMD 2001-3 Zone I - 5,857 26,329 18,922 72% 7,408 431 LMD 2001-3 Zone J - 1,659 7,538 5,419 72% 2,119 432 LMD 2001-3 Zone K - 2,579 11,976 8,217 69% 3,759 433 LMD 2001-3 Zone L - 2,020 9,228 6,185 67% 3,043 434 LMD 2001-3 Zone M - 3,567 15,429 9,448 61% 5,981 435 LMD 2001-3 Zone N - 7,409 34,639 29,601 85% 5,038 436 LMD 2001-3 Zone O - 319 1,423 935 66% 489 437 LMD 2001-3 Zone P - 1,835 7,600 5,015 66% 2,585 438 LMD 2001-3 Zone Q - 900 4,020 2,753 68% 1,267 439 LMD 2001-3 Zone R - 221 1,119 815 73% 303 City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 133
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months Other Funds Summary
*Data includes transfers
Audited
Actuals
Audited
Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2020-21 2021-22 2022-23 6/30/2023 2022-23
% Budget
Used
440 LMD 2001-3 Zone S - 359 1,560 1,063 68% 497 441 LMD 2001-3 Zone T - 2,633 10,863 7,191 66% 3,672 442 LMD 2001-3 Zone U - 1,964 8,284 12,620 152% (4,336) 443 LMD 2001-3 Zone V - 3,075 12,200 9,454 77% 2,745 444 LMD 2001-3 Zone W - 1,058 4,247 3,136 74% 1,111 445 LMD 2001-3 Zone X - 274 1,240 831 67% 408 446 LMD 2001-3 Zone Y - 446 220 1,311 596% (1,091) 447 LMD 2001-3 Zone Z - 491 2,112 1,424 67% 688 448 LMD 2001-3 Zone AA - 331 1,483 1,015 68% 468 449 LMD 2001-3 Zone BB - 262 1,162 801 69% 361 450 LMD 2001-3 Zone CC - 2,502 11,433 10,381 91% 1,052 451 LMD 2001-3 Zone DD - 2,821 11,986 8,547 71% 3,439 452 LMD 2001-3 Zone EE - 1,437 6,175 3,986 65% 2,189 453 LMD 2001-3 Zone FF - 3,107 14,102 10,264 73% 3,838 454 LMD 2001-3 Zone GG - 747 3,169 2,120 67% 1,049 455 LMD 2001-3 Zone HH - 601 2,582 1,718 67% 864 456 LMD 2001-3 Zone II - 1,279 5,314 3,571 67% 1,742 457 LMD 2001-3 Zone JJ - 235 1,065 734 69% 331 458 LMD 2001-3 Zone KK - 1,222 5,942 3,317 56% 2,626 459 LMD 2001-3 Zone LL - 513 2,203 6,370 289% (4,168) 460 LMD 2001-3 Zone MM - 709 3,258 2,273 70% 985 461 LMD 2001-3 Zone NN - 904 3,797 2,567 68% 1,230 462 LMD 2001-3 Zone OO - 951 3,828 2,726 71% 1,102 463 LMD 2001-3 Zone PP - 1,174 4,710 3,807 81% 904 464 LMD 2001-3 Zone QQ - 461 2,047 1,317 64% 729 465 LMD 2001-3 Zone RR - 2,837 11,853 7,600 64% 4,252 466 LMD 2001-3 Zone SS - 1,027 4,301 2,920 68% 1,381 467 LMD 2001-3 Zone TT - 521 2,295 1,526 66% 769 468 LMD 2001-3 Zone UU - 305 1,342 909 68% 432 469 LMD 2001-3 Zone VV - 366 1,658 1,082 65% 576 470 LMD 2001-3 Zone WW - 1,231 5,176 3,440 66% 1,737 471 LMD 2001-3 Zone XX - 342 1,436 1,452 101% (16) 472 LMD 2001-3 Zone YY - 2,722 12,332 8,934 72% 3,398 473 LMD 2001-3 Zone ZZ - 536 2,301 1,516 66% 785 474 LMD 2001-3 Zone AAA - 2,252 9,302 6,256 67% 3,046 475 LMD 2001-3 Zone BBB - 1,610 6,845 4,427 65% 2,418 476 LMD 2001-3 Zone CCC - 4,129 17,796 11,916 67% 5,881 477 LMD 2001-3 Zone DDD - 2,857 11,973 7,810 65% 4,163 478 LMD 2001-3 Zone EEE - 73 230 470 205% (240) 479 LMD 2001-3 Zone FFF - 2,621 10,977 7,194 66% 3,783 480 LMD 2001-3 Zone GGG - 1,204 5,256 3,308 63% 1,948 481 LMD 2001-3 Zone HHH - 2,030 2,900 2,459 85% 441 482 LMD 2001-3 Zone III - 3,679 24,331 30,926 127% (6,595) 483 LMD 2001-3 Zone JJJ - 1,547 6,490 4,301 66% 2,188 484 LMD 2001-3 Zone LLL - 7,900 3,102 2,128 69% 974 485 LMD 2001-3 Zone MMM - 1,078 4,575 2,959 65% 1,616 486 Illumination District No 2 Subarea 35 - 1,250 4,843 3,618 75% 1,225 487 Illumination District No 2 Subarea 42 - 407 1,627 1,341 82% 286 488 Illumination District No 2 Subarea 46 - 1,212 5,140 8,226 160% (3,086) 489 Illumination District No 2 Subarea 49 - 1,498 6,045 5,027 83% 1,018 490 Illumination District No 2 Subarea 55 - 268 1,205 821 68% 384 500 Debt Service 467,960 4,510,719 - - 0% - 600 Capital Projects 609,510 1,021,164 14,354,865 3,273,187 23% 11,081,678 City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 134
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months Other Funds Summary
*Data includes transfers
Audited
Actuals
Audited
Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2020-21 2021-22 2022-23 6/30/2023 2022-23
% Budget
Used
601 General Information Technology Capital Replacem - - - - 0% - 602 General Fleet Capital Replacement Fund - - - - 0% - 603 General Street Maintenance Capital Fund - - - - 0% - 604 General Facility Maintenance Capital Fund - - - - 0% - 700 Information Technology - - - - 0% - Total Other Fund Expenditures 10,283,445 20,541,150 59,197,540 7,906,268 13% 51,291,272 City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 135
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months Available Resources Summary
Audited Fund
Balance
Audited Fund
Balance Actual Revenues
Actual
Expenditures
Estimated
Available Balance
Fund Name & Type 2020-21 2021-22 6/30/2023 6/30/2023 6/30/2023

GENERAL FUNDS
100 General Fund 61,854,162$ 96,083,818$ 69,000,918$ 37,866,236$ 127,218,500$ TOTAL General Funds 61,854,162 96,083,818 69,000,918 37,866,236 127,218,500

OTHER PURPOSE GENERAL FUNDS
110 Restricted Structural Fire Fund 13,238,041$ 14,473,114$ 8,982,534$ 6,579,997$ 16,875,651$ TOTAL Other Purpose General Funds 13,238,041 14,473,114 8,982,534 6,579,997 16,875,651

SPECIAL REVENUE FUNDS
200 Gas Tax Fund 3,543,943$ 3,154,024$ 1,910,031$ 1,267,927$ 3,796,128$ 205 Road Maintenance and Rehabilitation Fund 1,143,195 800,050 1,630,373 5,422 2,425,001 206 Area Drainage Plan (ADP) 903,503 885,689 22,224 (13,822) 921,734 210 Measure A Fund 4,350,543 4,648,626 3,561,411 1,572,979 6,637,058 211 TDA Fund - (102,318) 146,666 44,348 - 220 Air Quality Management District 493,791 513,467 105,726 1,844 617,349 230 Law Enforcement Grants - - - - - 240 Grants: Miscellaneous Grants Fund (162,796) (14,784) 520,685 479,696 26,204 241 Grants: Coronavirus Relief Fund - - - - - 242 Grants: American Rescue Plan Act Fund - - - - - 243 Public, Educational, or Governmental Access Fund - - - - - 250 Grants: Community Development Block Grant (7) (7) - - (7) 260 Local Law Enforcement Services - - - - - 270 TUMF Reimbursement Find (281,100) (625,167) 13,818 157,993 (769,342) 290 DIF Transportation Facilities Fund 310,602 423,775 520,618 (3,547) 947,941 291 DIF Fire Facilities Fund 500,518 538,832 70,837 (7,086) 616,755 292 DIF Public Facilities Fund 496,836 590,338 69,972 485,117 175,194 293 Road and Bridge Benefit District 6,445,412 6,670,033 218,470 (98,390) 6,986,893 300 LLMD 89-1 Zone 10 (7,381) (4,069) 4,743 159 515 301 LLMD 89-1 Zone 33 6,464 7,210 707 8 7,910 302 LLMD 89-1 Zone 41 1,701,381 1,788,103 76,992 (14,775) 1,879,870 303 LLMD 89-1 Zone 79 16,580 16,207 1,667 884 16,990 304 LLMD 89-1 Zone 85 28,766 30,600 985 (374) 31,958 305 LLMD 89-1 Zone 111 162,397 166,660 24,893 8,522 183,032 306 LLMD 89-1 Zone 115 (19,095) (28,207) 4,094 11,544 (35,657) 307 LLMD 89-1 Zone 116 59,745 61,041 7,897 4,950 63,988 308 LLMD 89-1 Zone 147 (3,448) (6,212) 1,717 5,179 (9,674) 309 LLMD 89-1 Zone 151 (43,000) (50,753) 9,512 19,258 (60,500) 310 LLMD 89-1 Zone 156 (17,467) (22,520) 7,139 13,403 (28,784) 311 Benefit Assessment District 2014-2 8,727 13,403 11,259 4,860 19,802 312 LLMD 2014-1 7,576 18,548 18,215 5,096 31,667 313 LLMD 2014-3 4,748 7,890 7,114 3,603 11,402 314 LLMD 2014-4 5,729 10,180 6,071 726 15,525 315 Community Facilities District 2019-1 (6,975) (654) 11,030 3,198 7,179 400 Community Facilities District 2017-1 188,809 255,799 41,746 1,612 295,932 401 Community Facilities District 2017-2 30,523 53,197 49,212 25,840 76,569 402 Community Facilities District 2020-1 62,605 52,480 95,925 123,806 24,598 403 LMD 98-2 ORIGINAL - 14,937 11,024 5,417 20,544 404 LMD 98-2 ANNEX 01/Zone A - (2,191) 8,149 4,141 1,817 405 LMD 98-2 ANNEX 02/Zone B - 13,087 91,834 40,253 64,667 406 LMD 98-2 ANNEX 03/Zone C - 272 16,645 8,395 8,521 407 LMD 98-2 ANNEX 04/Zone D - (2,374) 22,287 10,981 8,932 408 LMD 98-2 ANNEX 06/Zone F - 26,624 22,359 8,944 40,039 409 LMD 2001-1 Zone G - 1,717 1,092 477 2,332 410 LMD 2001-1 Zone S - 2,089 1,320 995 2,414 411 LMD 2001-1 Zone W - 14,079 14,940 18,434 10,585 412 LMD 2001-2 Zone A - 45,807 18,360 10,987 53,181 413 LMD 2001-2 Zone B - 23,568 17,360 8,921 32,007 414 LMD 2001-2 Zone C - 1,293 1,094 691 1,695 City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 136
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months Available Resources Summary
Audited Fund
Balance
Audited Fund
Balance Actual Revenues
Actual
Expenditures
Estimated
Available Balance
Fund Name & Type 2020-21 2021-22 6/30/2023 6/30/2023 6/30/2023 415 LMD 2001-2 Zone D - 15,432 11,887 6,090 21,229 416 LMD 2001-2 Zone F - 2,600 3,067 1,785 3,881 417 LMD 2001-2 Zone G - 24,870 10,287 4,767 30,389 418 LMD 2001-2 Zone H - 35,195 28,855 14,741 49,308 419 LMD 2001-2 Zone J - 24,278 18,512 10,315 32,474 420 LMD 2001-2 Zone K - 1,117 1,716 2,832 1 421 LMD 2001-2 Zone M - 1,942 2,771 1,360 3,352 422 LMD 2001-3 Zone A - (14,920) 12,739 4,986 (7,167) 423 LMD 2001-3 Zone B - (3,135) 9,909 3,327 3,447 424 LMD 2001-3 Zone C - 21,467 8,419 2,794 27,092 425 LMD 2001-3 Zone D - 43,417 17,458 6,211 54,664 426 LMD 2001-3 Zone E - 95,124 38,591 13,735 119,981 427 LMD 2001-3 Zone F - 37,754 14,954 1,430 51,278 428 LMD 2001-3 Zone G - 1,054 7,967 4,446 4,574 429 LMD 2001-3 Zone H - 14,303 6,331 3,227 17,407 430 LMD 2001-3 Zone I - 55,862 40,910 18,922 77,850 431 LMD 2001-3 Zone J - 15,985 11,936 5,419 22,502 432 LMD 2001-3 Zone K - 15,442 14,651 8,217 21,876 433 LMD 2001-3 Zone L - 17,038 14,175 6,185 25,028 434 LMD 2001-3 Zone M - 52,240 25,718 9,448 68,510 435 LMD 2001-3 Zone N - 33,391 43,034 29,601 46,824 436 LMD 2001-3 Zone O - 6,257 2,746 935 8,069 437 LMD 2001-3 Zone P - 36,662 14,526 5,015 46,173 438 LMD 2001-3 Zone Q - 14,505 5,997 2,753 17,749 439 LMD 2001-3 Zone R - 1,628 1,699 815 2,512 440 LMD 2001-3 Zone S - 7,075 3,061 1,063 9,072 441 LMD 2001-3 Zone T - 54,380 21,130 7,191 68,318 442 LMD 2001-3 Zone U - 35,606 14,313 12,620 37,299 443 LMD 2001-3 Zone V - 60,262 23,359 9,454 74,167 444 LMD 2001-3 Zone W - 18,405 7,854 3,136 23,122 445 LMD 2001-3 Zone X - 5,245 2,365 831 6,779 446 LMD 2001-3 Zone Y - 8,765 3,689 1,311 11,143 447 LMD 2001-3 Zone Z - 9,695 4,093 1,424 12,364 448 LMD 2001-3 Zone AA - 6,136 2,843 1,015 7,965 449 LMD 2001-3 Zone BB - 5,743 2,464 801 7,406 450 LMD 2001-3 Zone CC - 21,073 17,523 10,381 28,214 451 LMD 2001-3 Zone DD - 48,052 23,649 8,547 63,155 452 LMD 2001-3 Zone EE - 23,315 9,563 3,986 28,893 453 LMD 2001-3 Zone FF - 27,284 21,436 10,264 38,456 454 LMD 2001-3 Zone GG - 14,635 6,056 2,120 18,572 455 LMD 2001-3 Zone HH - 11,733 4,877 1,718 14,892 456 LMD 2001-3 Zone II - 26,369 10,433 3,571 33,230 457 LMD 2001-3 Zone JJ - 4,707 2,102 734 6,076 458 LMD 2001-3 Zone KK - 1,620 1,655 3,317 (42) 459 LMD 2001-3 Zone LL - 10,208 4,358 6,370 8,196 460 LMD 2001-3 Zone MM - 7,428 5,042 2,273 10,197 461 LMD 2001-3 Zone NN - 18,180 7,293 2,567 22,906 462 LMD 2001-3 Zone OO - 17,875 7,230 2,726 22,379 463 LMD 2001-3 Zone PP - 20,973 8,413 3,807 25,579 464 LMD 2001-3 Zone QQ - 8,196 3,648 1,317 10,527 465 LMD 2001-3 Zone RR - 54,592 21,582 7,600 68,574 466 LMD 2001-3 Zone SS - 20,354 8,167 2,920 25,601 467 LMD 2001-3 Zone TT - 8,607 3,602 1,526 10,682 468 LMD 2001-3 Zone UU - 6,717 2,844 909 8,652 City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 137
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months Available Resources Summary
Audited Fund
Balance
Audited Fund
Balance Actual Revenues
Actual
Expenditures
Estimated
Available Balance
Fund Name & Type 2020-21 2021-22 6/30/2023 6/30/2023 6/30/2023 469 LMD 2001-3 Zone VV - 5,555 2,434 1,082 6,907 470 LMD 2001-3 Zone WW - 23,361 9,570 3,440 29,491 471 LMD 2001-3 Zone XX - 3,147 2,242 1,452 3,937 472 LMD 2001-3 Zone YY - 24,511 19,033 8,934 34,611 473 LMD 2001-3 Zone ZZ - 10,479 4,300 1,516 13,262 474 LMD 2001-3 Zone AAA - 45,690 17,999 6,256 57,433 475 LMD 2001-3 Zone BBB - 29,064 11,626 4,427 36,264 476 LMD 2001-3 Zone CCC - 61,609 28,879 11,916 78,573 477 LMD 2001-3 Zone DDD - 53,376 21,166 7,810 66,732 478 LMD 2001-3 Zone EEE - 6,113 2,900 470 8,542 479 LMD 2001-3 Zone FFF - 51,876 20,119 7,194 64,801 480 LMD 2001-3 Zone GGG - 18,489 7,672 3,308 22,854 481 LMD 2001-3 Zone HHH - (1,202) 2,137 2,459 (1,524) 482 LMD 2001-3 Zone III - 23,136 13,216 30,926 5,426 483 LMD 2001-3 Zone JJJ - 29,534 11,775 4,301 37,008 484 LMD 2001-3 Zone LLL - (1,818) 11,151 2,128 7,205 485 LMD 2001-3 Zone MMM - 18,972 8,225 2,959 24,238 486 Illumination District No 2 Subarea 35 - 7,499 3,795 3,618 7,677 487 Illumination District No 2 Subarea 42 - 2,106 1,496 1,341 2,262 488 Illumination District No 2 Subarea 46 - 8,124 3,263 8,226 3,161 489 Illumination District No 2 Subarea 49 - 10,343 4,113 5,027 9,429 490 Illumination District No 2 Subarea 55 - 2,076 679 821 1,934 TOTAL Special Revenue Funds 19,931,122 21,535,146 10,229,500 4,633,081 27,131,565

DEBT SERVICE FUND
500 General Debt Service Fund 739$ -$ -$ -$ -$ TOTAL Debt Service Fund 739 - - - -

CAPITAL PROJECTS FUNDS
600 General Capital Projects Fund 1,786,981$ 2,908,958$ 11,417,107$ 3,273,187$ 11,052,878$ 601 General Information Technology Capital Replaceme - - 433,652 - 433,652 602 General Fleet Capital Replacement Fund - - 120,000 - 120,000 603 General Street Maintenance Capital Fund - - 500,000 - 500,000 604 General Facility Maintenance Capital Fund - - 250,000 - 250,000 TOTAL Capital Projects Fund 1,786,981 2,908,958 12,720,759 3,273,187 12,356,530

INTERNAL SERVICE FUNDS
700 Information Technology Reserve Fund - -$ -$ -$ -$ TOTAL Internal Service Funds - - - - - TOTAL 96,811,044$ 135,001,036$ 100,933,711$ 52,352,502$ 183,582,246$

GENERAL FUND - FUND BALANCE RESERVES AND COMMITMENTS
Total General Fund Estimated Fund Balance at 03/31/2022 127,218,500$ Nonspendable (Per 06/30/2022 ACFR):

Prepaid Items 260,181
Total Nonspendable Fund Balance 260,181
Assigned:

Emergency Contingency (50% of Adopted Appropriations) 15,006,550 Total Assigned Reserves 15,006,550
Committed:

Facility Construction: Library 33,000,000
Facility Construction: City Hall 10,000,000
Facility Construction: Police Substation 8,000,000
Pension Liability (CalPERS Reserve) 1,620,500
Public Safety Rate Increase Stabilization 1,000,000
53,620,500
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 138
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months Available Resources Summary
Audited Fund
Balance
Audited Fund
Balance Actual Revenues
Actual
Expenditures
Estimated
Available Balance
Fund Name & Type 2020-21 2021-22 6/30/2023 6/30/2023 6/30/2023 Committed Appropriations Limit Qualified Capital Outlay Reserve:

General Fund: Facility Construction: Library - Appropriations Limit 23,945,429 General Fund: Facility Construction: City Hall - Appropriations Limit 17,595,000 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 45,040,429
Total General Funds Estimated Unassigned Fund Balance at 03/31/2022 13,551,021$

RESTRICTED STRUCTURAL FIRE FUND - FUND BALANCE RESERVES AND COMMITMENTS Total Fire Funds Estimated Fund Balance at 03/31/2022 14,473,114$ Assigned:

Emergency Contingency (75% of Adopted Appropriations) 5,756,706 Total Assigned Reserves 5,756,706
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 03/31/2022 316,408$ Restricted by the County of Riverside (Per 09/30/2022 ACFR):

Restricted Fund Balance 14,473,114
Total Restricted Fund Balance 14,473,114
**For the purpose of this schedule, fund balance is defined as revenues minus expenditures City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 139
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months Assigned Reserve: Contingency Calculation
Audited Fund
Balance
Audited Fund
Balance
Amended
Revenue Budget
Amended
Expenditure
Budget
Estimated
Available Balance
Fund Name & Type 2020-21 2021-22 2022-23 2022-23 6/30/2023

GENERAL FUNDS
100 General Fund 61,854,162$ 96,083,818$ 64,729,435$ 42,733,769$ 118,079,484$ TOTAL General Funds 61,854,162 96,083,818 64,729,435 42,733,769 118,079,484 Assigned 50% Contingency Reserve
Policy: 50% of Annual Budgeted Operating Expenditures
Total Expenditures 42,733,769
Non-Operating Expenditures 12,720,669
Operating Expenditures 30,013,100
50% Reserve 15,006,550

OTHER PURPOSE GENERAL FUNDS
110 Restricted Structural Fire Fund 13,238,041$ 14,473,114$ 8,008,000$ 7,702,608$ 14,778,506$ TOTAL Other Purpose General Funds 13,238,041 14,473,114 8,008,000 7,702,608 14,778,506 Assigned 75% Contingency Reserve
Policy: 75% of Annual Budgeted Operating Expenditures
Total Expenditures 7,702,608
Non-Operating Expenditures 27,000
Operating Expenditures 7,675,608
75% Reserve 5,756,706
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 140
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months Appropriations Limit Summary
Pre Voter
Approved
Override
Voter
Approved
Override
Post Voter
Approved
Override
Post Voter
Approved
Override
2017-18 2018-19 2019-20 2020-21 2020-21 2021-22 2022-23

ADOPTED APPROPRIATIONS LIMIT
Adopted Appropriations Limit 21,455,814$ 23,077,364$ 24,418,797$ 25,794,921$ 33,000,000$ 35,473,578$ 39,253,023$ Subject Revenue Appropriations
General Fund 10,045,447 15,809,535 17,472,985 17,952,129 41,516,698 54,973,760 53,493,923 Fire Fund 5,055,030 5,346,150 6,285,042 6,406,287 6,406,287 7,298,931 7,785,000 Total Subject Revenue Appropriation 15,100,477 21,155,685 23,758,027 24,358,416 47,922,985 62,272,691 61,278,923 Over(Under) Limit (6,355,337) (1,921,679) (660,770) (1,436,505) 14,922,985 26,799,113 22,025,900 Annual Available for Capital Outlay 14,922,985 26,799,113 22,025,900 Cumulative Available for Capital Outlay 41,722,098 22,025,900 Cumulative Available for Capital Outlay Expenditures and Reserves 41,722,098 22,025,900 FY2021-22 Adopted Capital Outlay Reserve Commitments
General Fund: Facility Construction City Hall - Appropriations Limit 18,399,529 General Fund: Facility Construction Library - Appropriations Limit 10,595,000 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 Adopted Capital Outlay Expenditures
Streetlight Debt Pay-Off - Appropriations Limit 4,168,519 Goodman Commerce Infrastructure Developer Agreement Pay-Off - Appropriations L 2,559,050 Subtotal Capital Outlay Expenditure Budget 6,727,569
FY2022-23 Proposed Reserve Commitments
General Fund: Facility Construction City Hall - Appropriations Limit 5,545,900 General Fund: Facility Construction Library - Appropriations Limit 7,000,000 Subtotal Capital Outlay Reserve Commitments 12,545,900
FY2022-23 Proposed Capital Outlay Expenditures
93026: Appropriation from Reserve: Limonite Gap Bridge 2,500,000 93026: Limonite Gap Bridge 4,525,000
95001: Hamner Place 700,000
94012: Prado Dam Inundation Utlity Mitigation 155,000
95011: Facility Construction City Hall 3,100,000
95018: Modular Offices 800,000
93035: I-15 Corridor Landscaping 200,000
Subtotal Capital Outlay Expenditure Budget 2,500,000 9,480,000 Remaining Appropriations Limit Surplus 0 0
FY2021-22
Commitments
and Expenditures
FY2022-23
Appropriations
From Reserve
FY2022-23
Commitments
and Expenditures
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 141
CITY OF EASTVALE UNAUDITED: 99% Reported
Fiscal Year 2022-23
Interim Financial Report | QUARTER FOUR ending June 30, 2023 | 12 months Sales Tax Summary
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2022-23 Quarter 2018-19 2019-20** 2020-21 2021-22 2022-23 Budget Quarter 1 2,454,597 2,986,937 2,873,677 10,585,289 11,716,157 44,000,000 Quarter 2 # 2,693,017 2,807,803 3,144,645 12,241,575 13,047,245 Quarter 3 2,129,355 2,272,291 10,892,874 10,836,091 10,173,170 Quarterly Quarter 4 2,332,606 2,281,948 11,208,862 11,047,330 12,419,799 Budget:

TOTAL Sales Tax 9,609,575 10,348,979 28,120,058 44,710,286 47,356,371 11,000,000 **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.

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.
# The true up for Quarter 2 ending December 31, 2020 has not been received as of the publish date of this report. It was included in the FY2021-22 budget. Per HdL there is no estimated delivery date for the true up payment, as a result, the true up is not budgeted in the current year.

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 142

AGENDA STAFF REPORT

City Council Meeting

CITY COUNCIL BUSINESS

Agenda Item No. 13.3
November
8, 2023
Downtown Eastvale Master Developer Consultant Team
Prepared By:

Gustavo N. Gonzalez, Community Development Director
Recommended Action(s)
Staff recommends that the City Council:

1 .

Authorize the City Manager to execute a Professional Services Agreement with CBRE Inc. in an amount not-to-exceed $75,000.00 to support staﬀ and Kosmont Companies in the master developer selection process.

Summary
The terms of the Development Agreement between the City and The New Home company gave the City exclusive rights for 20 years to exercise an op:on to purchase, or assign the purchase, on approximately 16 acres of land at the corner of Limonite and Hamner Avenues to develop the City’s future civic center and commercial downtown core. To develop the commercial core, the City Council authorized staﬀ to prepare a Request for Qualiﬁca:ons (RFQ) and Request for Proposals (RFP) to select an experienced and ﬁnancially stable master developer who has the capacity to implement the master plan vision in the shortest amount of :me. The City Council also authorized staﬀ to assemble a consultant team to guide the City through the process of developing the commercial core. Staﬀ recommends that the City Council authorized Professional Services Agreements with Kosmont Companies and CBRE Inc. to serve in this capacity. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Background
On May 11, 2022, the City Council approved an amendment to the Leal Master Plan and entered into a Development Agreement (DA) with The New Home Company (TNHC) to facilitate the development of up to 2,500 residen:al units, 14 acres of parks and open space, 595,000 square feet of commercial development, and the City’s future civic center including a city hall, library and innova:on center, police sta:on, public park, civic plaza, and ﬁre sta:on on approximately 158.6 acres of a former dairy and agricultural site known as the “Leal Property”. The terms of the DA gave the City exclusive rights for 20 years to nego:ate an op:on agreement on approximately 16 acres of land at the corner of Limonite and Hamner Avenues, which will encompass the downtown core of the project.

On August 26, 2022, TNHC formerly closed escrow on Phase I of the 158-acre project, which includes up to 758 residen:al units to be constructed by TNHC. Phase I also includes the approximately 16- acre op:on downtown core parcels where the City’s future civic center will be located and up to 495,000 square feet of commercial space (AHachment 1). The civic center uses will be located on approximately seven (7) acres while the commercial component will encompass approximately nine (9) acres.

On July 26, 2023, the City Council authorized staﬀ to move forward with the prepara:on of a Request for Qualiﬁca:ons (RFQ) and Request for Proposals (RFP) to select a master developer for Downtown Eastvale and the assemblage of a consultant team to guide the City through the process of developing the commercial core. The master developer alterna:ve allows the City to exercise the op:on agreement with one single master developer and provides the City with the best opportunity to implement the master plan vision in the shortest amount of :me, as a master developer will be more ﬁnancially stable and experienced to bring a project of this type and size to frui:on. The following selection criteria will be used to ensure the most qualified developer is selected:

Respect for the Vision
– The master developer must understand and respect the vision set by the City Council through the master plan for the commercial core. The vision for the area is a compact lifestyle center that caters to the pedestrian experience rather than the automobile.

Successful proposals must demonstrate how the vision will be achieved in a ﬁnancially feasible manner.

Financial Stability
– The master developer must demonstrate their ﬁnancial stability and history of successfully ﬁnancing projects of a similar type and scale, par:cularly those with a large infrastructure component including structured and/or underground parking.

Experience with Similar Projects
– The master developer must have experience with successful comple:on of similar type projects, including projects that are large-scale, mixed-use, and uniquely designed to become major regional draws.

Primary Project Team
– The master developer project team must clearly demonstrate skills set and ability to work together to bring a project of this type and scale from incep:on to occupancy. Each team member must be able to describe their role on the team and the team leader must demonstrate experience in successfully leading similar project teams.

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Subconsultant Contracts
– The master developer must iden:fy all subconsultants and their experience on similar type projects. These subconsultants include architects, landscape architects, urban designers, engineers, land economists, permiLng specialists, commercial brokers, and other real estate professionals.

City Consultant Team
Staﬀ is commiHed to overseeing the successful implementa:on of the Leal Master Plan, which includes development of the civic center and commercial core. However, due to limited staﬀ resources and exper:se, par:cularly in commercial real estate development, staﬀ recommended the assemblage of a consultant team. Comprised of land economists, market analysts, retail strategists, and other real estate professionals, the consultant team would serve to advise staﬀ throughout the process.

Staﬀ an:cipates that the process will be completed in two phases. The ﬁrst phase would include prepara:on of market and development feasibility studies, draMing of RFQ/RFP, marke:ng and promo:on of project opportunity to developers, and selec:on of master developer. The currently requested Professional Services Agreements (PSAs) with Kosmont Companies and CBRE Inc. would cover this phase.

The second phase would include ini:a:on of an Exclusive Nego:a:on Agreement (ENA) with the selected master developer to nego:ate the deal points under a Disposi:on and Development Agreement (DDA) and exercise the op:on to assign the master developer. The deal points would include, but not be limited to, land sale and lease, prevailing wage issues, major tenants, minimum parking requirements, and site maintenance and management. This phase would also include the required en:tlements including review and City approvals of site plans, eleva:ons, land uses, and compliance with the California Environmental Quality Act (CEQA). This phase would be covered under future PSAs with a consultant team that could include Kosmont Companies, CBRE Inc., and/or other consultants.

Kosmont Companies
Founded in 1986, Kosmont is a na:onally recognized ﬁrm oﬀering a full range of services including real estate and ﬁnancial advisory, economic development strategies, public/private project transac:ons, sustainable infrastructure, housing projects, market studies and economic analysis for the public, non-proﬁt and private sectors. Working with Eastvale city staﬀ, Kosmont’s scope of services includes the following:

High Level Retail/Oﬃce Analysis
: Analyze sales at retail establishments in the area, retail occupancy and rent rates to understand the health of retail, restaurant and entertainment market, plus the spending poten:al of proposed new residents to determine the supportable long-term demand.

Hotel Study
: Analyze data on regional hotel vacancy and room rate trends for diﬀerent categories of hotel types to determine most likely brands that ﬁt Eastvale demographic/economic posi:on. Data will also be used to es:mate room rates, occupancy rates and room demand in the City.

Tenant Mix:

Examine the ﬁt of various retail tenants based on local demographics and their loca:ons in other compe::ve centers, to determine the near-term and longer term demand 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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by those tenants suitable to the City's vision for Downtown Eastvale.

SWOT Analysis
: Summarize oﬃce and retail condi:ons with a Strengths, Weaknesses, Opportuni:es, and Threats ("SWOT") analysis to iden:fy barriers and opportuni:es for proposed new development and suggest development phasing strategies to reduce developer risk and achieve the City's vision.

Financial Feasibility/Pro Forma Considera*ons
: U:lize a high-level ﬁnancial pro forma model
to provide a more detailed examina:on of the retail/oﬃce/hotel components of poten:al project pro formas (land cost, hard costs, soM costs, projected opera:ng revenue and expenses, cap rates, debt ﬁnancing costs, equity requirements, return on investment) and how developers will likely evaluate commercial investment opportunity. This analysis will also include a review of the sensi:vity of various economic assump:ons on supportable land value, developer proﬁt expecta:ons and any likely funding "gap". The goal is to illustrate the importance of balancing ﬁnancial risk and poten:al return in making private investment decisions.

The overall intent of the scope outlined above is to provide the City with a baseline understanding of the amount and type of retail, oﬃce, and hotel uses within the Downtown Eastvale commercial core
the current market can absorb. The baseline would then be compared to the City’s vision for Downtown Eastvale and iden:fy any poten:al funding “gap” that may be required to achieve the vision.

CBRE Inc.

CBRE is the world's largest commercial real estate services and investment ﬁrm that serves more than 90 of the top 100 companies on the Fortune 100. CBRE provides services to both real estate occupiers and investors. For occupiers, CBRE provide facili:es management, project management, transac:on (both property sales and leasing) and consul:ng services and valua:on among others.

For investors, CBRE provides capital markets (property sales, commercial mortgage brokerage, loan origina:on and servicing), property leasing, investment management, property management, valua:on and development services. Working with Eastvale city staﬀ, CBRE’s scope of services includes the following:

Development Opportunity Promo*on
: Market the City and the commercial core site to garner interest from developers to submit proposals for the City's Master Developer RFQ/RFP. This includes the crea:on of marke:ng materials such as brochures, email blasts, pos:ng on developer forums and websites, and social media postings.

CBRE Network
: Provide the City with access to CBRE’s vast network of poten:al developers.

Coordinate and facilitate no more than ﬁve (5) mee:ngs between poten:al master developers and the City to introduce staﬀ, make presenta:ons, and solicit interest to submit proposals prior to release of the RFQ/RFP. Mee:ngs with developers should be in-person when feasible.

Upon release of the RFQ/RFP, cast a wide net to all poten:al developers within CBRE’s network.

Team Collabora:on: Work with city staﬀ and other team consultants to share informa:on and provide input on market studies, the RFQ/FRP, marke:ng materials, and other deliverables. It 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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is understood that CBRE will support Kosmont as a consultant team member.

Champion the City
: Act as the City's champion for the project, serve as the City’s technical adviser, and advocate directly with prospective master developers on behalf of the City.

Developer Workshops
: Coordinate and facilitate at least two (2) developers’ workshop to present the ﬁndings of the technical analysis and gain insight and support of proposed concepts within the development community.

Regular Communica*on
: The CBRE team will communicate bi-weekly with City of Eastvale's project manager on all aspects of the work eﬀort and request coordina:on assistance with the relevant stakeholders within the City.

The overall intent of the scope outlined above is for CBRE to champion the City’s vision and the development opportunity to their vast network of developers and brokers. Given the uniqueness of the Downtown Eastvale vision in the Inland Empire, CBRE’s primarily task will be to bring forward financially stable, experienced developers that will respect the City’s vision for Downtown Eastvale.

Environmental
Pursuant to Public Resources Code Sec:on 21065 (CEQA Guidelines), this ac:vity is not subject to environmental review under the California Environmental Quality Act (CEQA), as it does not cons:tute a “project,” does not commit the City to a deﬁnite course of ac:on, does not cons:tute discre:onary approval of a speciﬁc project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alterna:ve is exempt from CEQA as it falls within the “common sense” exemp:on set forth in CEQA Guidelines Sec:on 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the ac:vity in ques:on may have a signiﬁcant eﬀect on the environment.” This determina:on reﬂects the City’s independent judgment and analysis. Individual projects as a result of this ac:on will undergo CEQA analysis as necessary.

Strategic Plan Action - Priority Level: 1
| Target #: B
| Goal #: C
Create “Destination Eastvale”.

Attract and retain Businesses.

Fiscal Impact
The Community Development Department has the following amounts available for consul:ng services under Economic Development Division's budget
:

Account
Description
Budgeted Amount
100-302-6490 (Other Contract
Services)
Kosmont Companies PSA
$115,000.00
100-302-6490 (Other Contract
Services)
CBRE Inc. PSA
$75,000.00
Total:

190,000.00

Authorizing the City Manager to execute Professional Services Agreements with Kosmont Companies and CBRE Group, Inc. will result in a total fiscal impact of up to $190,000.00. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Prior City Council/Commission Action
On December 13, 2017, the City Council approved the Leal Master Plan and associated Environmental Impact Report.

On May 11, 2022, the City Council approved an amendment to the Leal Master Plan and entered into a Development Agreement (DA) with The New Home Company (TNHC) to facilitate the development of the Leal Master Plan, including the op:on for the City to develop the 16-acre civic center and commercial core area.

Attachment(s)
Attachment 1 - Draft Professional Services Agreement with Kosmont Companies

Attachment 2 - Draft Professional Services Agreement with CBRE Inc.

Attachment 3 - Kosmont Companies Scope of Services

Attachment 4 - CBRE Inc. Scope of Services

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AGREEMENT FOR SERVICES
[Downtown Eastvale Master Developer Consulting Services]

This Agreement for Services (“Agreement”) is entered into as of this ____ day of November 2023 by and between the City of Eastvale, a municipal corporation (“City”) and Kosmont & Associates, Inc., dba Kosmont Companies , 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 through a request for proposals the performance of the services defined and described particularly in Section 2 of this Agreement.

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 twenty-four (24) months commencing on the date first ascribed above.

SECTION 2. 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.

SECTION 3. ADDITIONAL SERVICES.

Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
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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 one-hundred fifteen thousand dollars ($115,000.00), 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), materials, equipment, supplies, and subcontractor contracts. Travel costs are included within Contractor’s hourly labor rate and travel expenses shall not be separately billed. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor a nd 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.

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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, s tudies, 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 the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and de tailed 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 151

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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.

Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s personnel are in any manner officials, officers, or employees of City. (c) Neither Contractor, nor any of Contractor’s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Con tractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, its officers, employees, agents or subcontractor s, 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 faithfull y, 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 p roviding services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. 152

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

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement 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 statu s in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

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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 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, 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 154

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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 oth er 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 o f 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.
(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.
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SECTION 17. INSURANCE.

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 “Te rmination 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 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” 156

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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. Dur ing 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 pu blic enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

SECTION 24. NOTICES.

To City: City of Eastvale
Gustavo Gonzalez, Community Development Director
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
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To Contractor: Kosmont Companies
Larry J. Kosmont, Chairman & CEO
1601 N. Sepulveda Blvd. #382
Manhattan Beach, CA 90266

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

SECTION 25. AUTHORITY TO EXECUTE.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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 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 aut horization 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.

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

SECTION 30. LAW TO GOVERN; VENUE.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, 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 wri tten, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

SECTION 34. CONFLICTING TERMS.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
[SIGNATURES ON FOLLOWING PAGE]

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CITY OF EASTVALE
___________________________
Mark Orme
City Manager
ATTEST:
___________________________
Marc Donohue
City Clerk

APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney
Kosmont Companies
Larry J Kosmont
Chairman & CEO
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EXHIBIT "A"

SCOPE OF SERVICES

The consulting services that Kosmont will provide will be of a relatively limited scope and duration, and advisory in nature. Kosmont will be making recommendations only, which advise the Client, including their elected officials, appointed officials, and staff, which they can accept or reject. None of Kosmont's staff will act in a capacity as an elected official, nor appointed official, nor as staff, nor as serving in a "designated" position.

Market Study

Kosmont offers the following Tasks to advise the City on market and development feasibility:

1. Kick-off Meeting: Review Downtown Eastvale master plan and the various civic, public and commercial components, as well as City's development timetable and programming plans for the public spaces. Kosmont will also review business survey results.

2. Review 2021 Hoffman retail and office market study: Tour Downtown Eastvale site and City to understand connectivity to existing Eastvale shopping centers.

3. High Level Retail / Office Analysis: utilize ESRI and sales tax data to analyze sales at retail establishments in the area, retail occupancy and rent rates to understand the health of retail, restaurant and entertainment market, plus the spending potential of proposed new residents to determine the supportable long- term demand. Use CoStar to analyze office vacancy, absorption and rent rates.

4. Hotel Study: Utilize STR data on regional hotel vacancy and room rate trends for different categories of hotel types (Upscale / Upper Midscale etc) to determine most likely brands that fit Eastvale demographic/economic position. Data will also be used to estimate room rates, occupancy rates and room demand in the City.

5. Tenant Mix: Kosmont will utilize Placer.ai Void Analysis , as well as other City data sources to examine the fit of various retail tenants based on local demographics and their locations in other competitive centers, to determine the near-term and longer term demand by those tenants suitable to the City's vision for Downtown Eastvale.

6. SWOT Analysis: Based on the information gathered, Kosmont will summarize office and retail conditions with a Strengths, Weaknesses, Opportunities, and Threats (“SWOT”) analysis to identify barriers and opportunities for proposed 161

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new development and suggest development phasing strategies to reduce developer risk, and achieve City's vision.

7. Financial Feasibility/Pro Forma Considerations: Utilizing a high-level financial pro forma model, Kosmont will provide a more detailed examination of the retail/office/hotel components of potential project pro formas (land cost, hard costs, soft costs, projected operating revenue and expenses, cap rates, debt financing costs, equity requirements, return on investment) and how developers will likely evaluate commercial investment opportunity.

This analysis will include a review of the sensitivity of various economic assumptions on supportable land value, developer profit expectations and any likely funding “gap”. The goal is to illustrate the importance of balancing financial risk and potential return in making private investment decisions.

8. Weekly Check-in: Kosmont will participate in brief weekly check-in virtual meetings with City, as appropriate to address any issues that arise in the most expeditious manner.

9. Memorandum Report: Kosmont will prepare Analysis report summarizing tenant demand and feasibility findings and potential strategies to address funding gap, data sources, key assumptions and methodology utilized for the Analysis.

10. Council Presentation: Kosmont will be available to present the Analysis to City Council in a Study Session.

Develop RFQ/RFP

Kosmont has prepared the following Tasks to identify qualified developer partners.

11. Document Review: Review Option Agreements and Special Land Use Restriction Agreements between City and TNHC.

12. Prepare Developer RFQ/RFP for the Project: Work with CBRE to identify commercial developers with town center development expertise. Draft RFQ/P documents with City staff to define City development goals, objectives and phasing timetable. Work with City attorney to address Surplus Land Act compliance issues (if any).

13. RFQ: Kosmont will send RFQ to list of qualified developers to gain understanding of their local experience, financial capability, consistency with City vision / partnership objectives and development timetable. Kosmont will help City staff and TNHC evaluate the developer submittals, prepare list of 162

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questions, and participate in select interviews and advise City on short list to proceed with RFP stage.

14. Regular Check-in Meetings: During preparation of the RFQ/RFP documents, as well as during review of submittals, Kosmont will do virtual meetings with City, as appropriate to address any issues that arise.

15. RFP: Kosmont will prepare formal Request for Proposal including term sheet for the select short list of qualified developers. Kosmont will work with CBRE to review RFP submittals, preparing a matrix of key information including financial capacity, development/leasing plan, pro forma, land acquisition terms.

16. Selection of Finalist: Participate in regular City staff meetings, as appropriate to discuss strengths and weaknesses of each proposal to recommend Developer Partner Finalist for City approval.

17. Negotiation of Development Agreement: Following selection of Developer Finalist, Kosmont can assist City in economic and financial analyses to support negotiations for sale/lease and Development Agreement terms.

18. City Council Presentation: Kosmont will be able to participate in closed sessions with Council to address financial terms. Following final selection and agreements, Kosmont can help present an economic overview of the final Project plan.

Schedule

Kosmont is prepared to commence work immediately upon authorization. Kosmont will complete market feasibility within 10-12 weeks. Developer RFQ process will subsequently take approximately 12-16 weeks for preparation, distribution and evaluation.

If qualified developers are identified from RFQ process, the RFP process will require additional 10-15 weeks to allow developers to refine design concept and prepare terms and financial plan.

Negotiation of Letter of Intent (“LOI”) and/or Development Agreement will require a significant amount of time to address a wide range of issues that will arise. Overall, the process will likely take at least 12 months.

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EXHIBIT "B"

COMPENSATION

Compensation shall be on a time and materials basis. Contractor shall use the rates below for all services provided under this Agreement. Compensation for services shall not exceed $115,000.

Chairman & CEO $445/hour
President $385/hour
Sr. Vice President/Sr. Advisor/Sr. Managing Director $350/hour Vice President/Project Advisor $225/hour
Senior Project Analyst $195/hour
Project Analyst/Project Research $165/hour
Assistant Project Analyst/Assistant Project Manager $125/hour Project Promotion/Graphics/GIS Mapping Services $95/hour Clerical Support $70/hour
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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 S ervices 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 165

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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 no tice 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 166

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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 “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.

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AGREEMENT FOR SERVICES
[Downtown Eastvale Master Developer Consulting Services]

This Agreement for Services (“Agreement”) is entered into as of this ____ day of November 2023 by and between the City of Eastvale, a municipal corporation (“City”) and CBRE Inc., a Delaware corporation (“Contra ctor”). 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 negotiati on, the performance of the services defined and described particularly in Section 2 of this Agreement.

C. The Parties desire to formalize the se lection of Contractor for performance of those services defined and described particula rly 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 c onsideration, 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 fo r six (6) months commencing on the date that a Notice To Proceed (NTP) is issued to Contractor by City.

SECTION 2. 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.

SECTION 3. ADDITIONAL SERVICES.

Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writin g in accordance with Section 26 “Administration and Implementation” or Sectio n 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.
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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 seventy five thousand dollars ($75,000.00), unless additional compensation is approved in writing in acco rdance 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 dur ing the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), materials, equipment, supplies, and subcontractor cont racts. Travel costs are included within Contractor’s hourly labor rate and travel expenses shall not be separately billed. 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 th e 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 Agr eement. In the event that no charges or expenses are disputed, the invo ice 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 retu rned 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 perf ormed 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 co mpleted. City shall reject or finally accept Contractor’s work within sixty (60) days after submitte d 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 “Indem nification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photogr aphs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pu rsuant 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 pr oduct 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 t he Services. Contractor shall maintain any and all ledgers, books of account, invoices , vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in acco rdance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services pr ovided by Contractor 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 extent required by laws relating to audits of public agencies and their expenditures. In accor dance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agr eement and the Contractor's boo ks and records related to this Agreement shall be subject to the examinat ion and audit of the Stat e 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 inspec tion, 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 170196
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upon, such documents and records shall be m ade 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 record s be given to the City. Access to such documents and records shall be gr anted to City, as well as to its successors-in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all time s 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 Servic es 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 Contract or or any of Contractor’s personnel.

Contractor shall not at any time or in any manner represent that Co ntractor 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 whic h 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 incl ude the obligation to indemnify the City from and against any liability that may arise rela ted to claims that Contractor, its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accr ue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.

SECTION 9. STANDA RD OF PERFORMANCE.

Contractor represents and wa rrants that it has the qua lifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and pr ofessional manner. Contractor s hall at all times faithfully, competently and to the best of its ability, exper ience 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 se ction, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific st andard of performance or performance criteria, the specific standard or criteria shall prevail over the general. 171197
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SECTION 10. COMPLIANCE WITH APPLI CABLE LAWS; PERMITS AND LICENSES.

SECTION 11. PREVAI LING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreem ent 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 ther eunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, fa cilities, 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 discrim inate, 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, mari tal status, sex, gender, gender identity, gender expression, age, sexual or ientation, or military and veteran status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

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

SECTION 14. CONFLI CTS OF INTEREST.
(a) Contractor covenants that to the best of its know ledge 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 wit h 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 172198
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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 Agreemen t, independently involved in the performance of non-related services for other governmental agencies and pr ivate parties. Contractor is unaware of any stated position of City relative to such pr ojects. 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 Agreem ent. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORM ATION; 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 al ready known to Contractor. C ontractor shall not release or disclose any such information or work produc t to persons or entities other than City without prior written authorization from the City Manager, exc ept 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 dec larations, 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 if legally permitted to do so.
(c) If Contractor, or any officer, employ ee, agent or subcontractor of Contractor, provides any information or work product in vi olation of this Agreement, then City shall have the right to reimbursem ent and indemnity from Contra ctor for any damages, costs and fees, including reasonable a ttorney'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 document s, 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 pres ent at any deposition, hearing or similar proc eeding. 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 crimi nally or civilly liabl e under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a 173199
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Federal, State, or local governm ent 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 Liab ility. 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 (with counsel retained by Contractor) and hold harmless City and any and all of its offi cials, employees a nd agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative pr oceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or th reatened, including reasonable attorneys’ fees and costs, court co sts, 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 omi ssion of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents or employees of Contractor, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Profe ssional Liability. Other than in the performance of professional serv ices and to the full extent pe rmitted by law, Contractor shall indemnify, protect, defend (with counsel retained by Contractor) and hold harmless City, and any and all of its employees, offi cials and agents from and against any liability (including liability for claims , suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, ex penses or costs of any kind, whether actual, alleged or threatened, including reasonable attorneys’ fees and costs, court costs, interest, defense costs, and expert witness f ees), 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 or employees 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 involv ed by, for, with or on behalf of Contractor in the performance of this Agreement naming the I ndemnified 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 174200
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release City from liability arising from 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 sha ll 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 certificates evidencing coverages of the 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 qualif ications and capability of the persons and entities who will fulfill the duties and obligat ions imposed upon Contractor under this Agreement. In recognition of that interest, C ontractor shall not assi gn or transfer this Agreement or any portion of th is Agreement or t he performance of any of Contractor’s duties or obligations under this Agreement without t he prior written cons ent of the City.

Any attempted assignment shall be ineffect ive, 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 th is 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 ever y 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 changes in Contractor’s staff and subcontractors, if any, assigned to perform t he Services prior to and during any such performance.

SECTION 20. TERMINAT ION OF AGREEMENT.
(a) City may terminate this Agreement, wit h 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 Agreem ent 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 Cont ractor, 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. 175201
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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 s hall 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 def ault 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 a ll 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 liabl e for damages, including liqui dated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

SECTION 24. NOTICES.

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

To City: City of Eastvale
Gustavo Gonzalez, Community Development Director
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
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To Contractor: CBRE, Inc.

Ian Britton
4141 Inland Empire Blvd., Suite 100
Ontario, CA 91764

Notice shall be deemed effective on the da te 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 th is Agreement on behalf of the Party for whom he or she purports to sign. Each Part y 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 representativ e. 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 that may be approved administr atively pursuant to the East vale Municipal Code. The Parties agree that the requirem ent for written modifications cannot be waived and that any attempted waiver shall be void. The Cit y’s City Manager may, but is not required to, make minor amendments not affecting subst antive terms without further authorization from the City Council. The City Council her eby 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 of any other provisio n 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 Californi a. In the event of litigatio n between the Parties, venue in state trial courts shall lie excl usively in the County of Riversi de, California. In the event of litigation in a U.S. District Court, venue sha ll 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 ot her 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 resp ect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prio r 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 in valid, 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. CON FLICTING TERMS.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
[SIGNATURES ON FOLLOWING PAGE]

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CITY OF EASTVALE
___________________________
Mark Orme
City Manager
ATTEST:
___________________________
Marc Donohue
City Clerk

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

Ian Britton
Senior Managing Director

11/2/2023
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EXHIBIT "A"

SCOPE OF SERVICES

CBRE Group, Inc. will provide the following Scope of Services:

 Development Opportunity Promotion: Market the City and the commercial core site to garner interest from develop ers to submit proposals for the City's Master Developer RFQ/RFP. This includes the creation of marketing materials such as brochures, email blasts, posting on developer forums and websites, and social media postings.

 CBRE Network : Provide the City with access to CB RE’s vast network of potential developers. Coordinate and facilitate no more than five (5) meetings between potential master developers and the Cit y to introduce staff, make presentations, and solicit interest to submit proposals prior to release of the RFQ/RFP. Meetings with developers should be in-person when feasible. Upon release of the RFQ/RFP, cast a wide net to all potential developers within CBRE’s network.

 Team Collaboration : Work with city staff and othe r team consultants to share information and provide input on market studies, the RFQ/FRP, marketing materials, and other deliverables. It is understood that CBRE will support Kosmont as a consultant team member.

 Champion the City: Act as the City's champion for the project, serve as the City’s technical adviser, and advocate directly with prospective master developers on behalf of the City.

 Developer Workshops: Coordinate and facilitate at least two (2) developers’ workshop to present the findings of the technica l analysis and gain insight and support of proposed concepts within the development community.

 Regular Communication : The CBRE team will communicate bi-weekly with City of Eastvale's project manager on all aspects of the work effort and request coordination assistance with the relevant stakeholders within the City. 180206

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EXHIBIT "B"

COMPENSATION

Compensation shall be on a retainer basis. Compensation shall be $12,500.00 monthly commencing on the date that a Notice To Proceed (NTP) is issued to Contractor by City. The monthly retainer amount shall be pro-rated for the first and last months based on the number of days for which Services were rendered. Total compensation shall not exceed $75,000.

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EXHIBIT "C"

INSURANCE

A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effe ct 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 Se rvices 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 prov ide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be asfollows:

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

(2) Automobile. Insurance Serv ices 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 co vering 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 Cont ractor’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 Serv ices 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 Agre ement. During this additional three (3) year period, Contractor shall annually and up on request of the City submit written evidence of this continuous coverage.

2. Minimum Limits of Insurance. Contractor shall maintain the following limits of insurance:

(1) Commercial General Liabi lity. $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 aggregat e limits in an amount of 182208

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not less than $2,000,000 shall be considered equi valent 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 $1,000,000 per occurrence.

(4) Professional Liabilit y. $1,000,000 per occurrence.

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

1. All Policies. Contractor shall pr ovide City with thirty (30) days’ prior written notice of any material change or canc ellation of any of t he coverages required hereunder.

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 to the extent of loss attributable to Contractor’s negligence, as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contra ctor; or automobiles owned, leased, hired or borrowed by Contractor.

(2) To the extent of loss attr ibutable to Contractor’s negligence, 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 in such instance apply in excess of, and not contribute with, Contractor’s insurance.

(3) Contractor’s insurance s hall 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.

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writ ing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appoi nted officers, officials, employees and agents for losses arising from work performed by Contractor. 183209

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C. Other Requirements. Contractor agrees to deposi t with City, at or before the effective date of this Agreement, certific ates of insurance necessary to satisfy City that the insurance provisions of this c ontract have been complied with. The City may require that Contractor furn ish City with copies of orig inal 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 cert ificates and endorse ments from each subcontractor identical to those Contractor provides.

2. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor’s liability hereunder nor to fulf ill the indemnification provisions and requirements of this Agreement.

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Downtown Eastvale
Devlopment Advisory Services
August 31, 2023

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Eastvale City CouncilNovember 8, 2023

Eastvale City Council
November 8, 2023